Victorian State Government Agencies Award 2015

Part 1 Application and Operation

1. Title

1.1 This award is the Victorian State Government Agencies Award 2015.

2. Commencement

2.1 This award commences on 6 August 2015.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires the employer to maintain or increase any overaward payment.

2.3 The making of this award is not intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award, the Fair Work Commission may make any order it considers appropriate to remedy the situation.

3. Definitions and interpretation

3.1 In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth);

adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship

apprentice means an employee who is bound by a contract of training registered with the appropriate State or Territory training authority

casual employee has the meaning given by section 15A of the Act
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.

commencement date means the date specified in clause 2.1

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

employee means a person employed by an employer, other than a person excluded from this award by clause 5.2

employee organisation has the meaning given by section 12 of Act.

employer means a public entity within the meaning of the Public Administration Act 2004 (Vic), which is a State reference public sector employer within the meaning of the Act, other than the State of Victoria

enterprise has the meaning given by section 12 of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

NES means the National Employment Standards as contained in sections 59 to 118, and 123 to 131 of the Act, as they apply subject to s.30H of the Act

small business employer has the meaning given by section 23 of the Act.

standard rate means the minimum fortnightly rate for an Administrative Officer Grade 2 Work Value Level A in clause 12Minimum wages

Victorian Referral means the Fair Work (Commonwealth Powers) Act 2009 (Vic), or such other Act of the Victorian Parliament which replaces that Act, as amended from time to time

workplace delegate has the meaning given by section 350C(1) of the Act.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

4. Application

Parts 1 to 7 of this award apply to all employers in relation to the employment of all employees, save and to the extent of any inconsistency with the agency specific arrangements set out in Parts 8 to 11.

5. Coverage

5.1 This State reference public sector modern award covers an employer in relation to its employees and any of its employees as defined.

5.2 This award does not cover:
(a) employees who are covered by any other State reference public sector modern award or any employer in relation to those employees;
(b) employees excluded from award coverage by the Act; or
(c) an employer who, on 1 January 2014, was covered by an award listed in Schedule AExcluded Awards.

5.3 This award completely replaces each State reference public sector transitional award, with the exception of the Excluded Awards, applying in Victoria from the commencement date.

6. The National Employment Standards and this award

6.1 The NES and this award contain the minimum conditions of employment for employees covered by this award.

6.2 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a noticeboard which is conveniently located at or near the workplace or through accessible electronic means.

6.3 Both the NES and this award only apply to the extent that legislative power in relation to a particular matter is referred to the Commonwealth Parliament by the Victorian Referral.

7. Award flexibility

7.1 Notwithstanding any other provision of this award, the employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and
(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee's parent or guardian;
(b) state each term of this award that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee's terms and conditions of employment; and
(e) state the date the agreement commences to operate.

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 The employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee's understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

7.8 The agreement may be terminated:
(a) by the employer or the individual employee giving 13 weeks' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between the employer and the individual employee.
Note: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between the employer and an individual employee contained in any other term of this award.

7A. Employee right to disconnect

7A.1 Clause 7A provides for the exercise of an employee's right to disconnect under section 333M of the Act.

NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee's working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee's refusal is unreasonable.
(c) Section 333M(5) provides that an employee's refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee's refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 31 of the Act prohibit an employer taking adverse action against an employee because of the employee's right to disconnect under section 333M of the Act.

7A.2 Clause 7A applies from the following dates:
(a) 26 August 2024for employers that are not small business employers on this date and their employees.
(b) 26 August 2025for employers that are small business employers on 26 August 2024 and their employees.

7A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

7A.4 Clause 7A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee's working hours where:
(a) the employee is being paid the stand-by allowance under clause 15.2(b); and
(b) the employer's contact is to notify the employee that they are required to attend or perform work or give other notice about the stand-by.

7A.5 Clause 7A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee's working hours in circumstances including to notify them of a recall to work under clause 35.3.

Part 2 Types of Employment and Classifications

Employment and Classifications

8. Types of employment

8.1 Basis of employment

(a) Employees under this award will be employed in one of the following categories:
(i) full-time;
(ii) part-time; or
(iii) casual.
(b) Employees may be engaged on a fixed term basis.
(c) Employees may be engaged on a probationary basis.

8.2 Notice of engagement

At the time of engagement the employer will advise the employee in writing of the conditions of engagement, including:
(a) the basis of employment;
(b) whether a probationary period applies and, if so, the duration of the probationary period;
(c) if engaged as a fixed term employee, the period of the engagement; and
(d) the instruments governing the employee's terms and conditions of employment.

8.3 Full-time employment

A full-time employee is one who is engaged for 38 hours per week.

8.4 Part-time employment

(a) Provisions relating to salary, leave and all other entitlements contained within this award, will apply to part-time employees on a pro rata basis.
(b) Payment for part-time employment must be for not less than three consecutive hours in any day worked except:
(i) where the employee works from home by agreement with the employer; or
(ii) in exceptional circumstances.
(c) Part-time employment will be worked only by agreement between the employee and the employer, where that agreement includes:
(i) an agreed roster specifying the days in each fortnight on which the employee will work, the hours of those days upon which the employee will work, and the number of hours the employee will work on each day worked; and
(ii) agreed processes for the variation of hours of work.
(d) Such agreed rostered hours will be considered the employee's ordinary hours.

8.5 Fixed term employment

The employer may employ persons on a fixed term basis for a specific task or period of time.

8.6 Casual employment

(a) For each ordinary hour worked, a casual employee must be paid:
(i) the ordinary hourly rate; and
(ii) a loading of 25% of the ordinary hourly rate;
for the classification in which they are employed.
(b) The casual loading is paid instead of all paid leave other than long service leave, public holidays not worked and to compensate for the nature of casual work.
(c) Payment for work performed by a casual employee will be for not less than three consecutive hours in any day worked except:
(i) where the employee works from home by agreement with the employer; or
(ii) in exceptional circumstances.
(d) All other provisions of this award apply to casual employees except as expressly excluded.

9. Classifications

9.1 Classifications under this award are within the following streams:
(a) Administrative Stream;
(b) Technical Stream;
(c) Professional Stream; and
(d) General Stream.

9.2 Classification definitions are set out in Schedule BPosition Statements.

9.3 Notwithstanding the provisions of this clause, the employer may determine that an employee may commence employment at any level in a grade if suitably qualified and/or experienced.

9.4 Salaries must be paid according to the rates in clause 12Minimum wages or reclassifications of positions will be conducted in accordance with agreed objective criteria as outlined in this clause.

9.5 Classification method

Classification decisions must be based upon a documented position description and classifications will be determined using whole of job evaluation, i.e. by comparison of the position description for the position in question with the position standards as defined in Schedule BPosition Statements.

9.6 Progression within a classification salary range

An employee may be eligible for progression to a higher salary level within the salary range for their current classification on the following basis:
(a) progressing from one step to the next within each level is not automatic and is dependent on demonstrated acquisition and utilisation of new and enhanced skills; and
(b) provided that an employee will be eligible to progress to the next step after 12 months' satisfactory occupancy of the current step on the basis of acquiring and utilising skills.

9.7 Progression between classification salary ranges

Advancement to a higher work level must be based on promotion and the availability of a suitable vacancy.

9.8 Staff appraisal

Annual assessment of employees will be on the basis of an agreed employee appraisal system.

9.9 Job specification

The employer will provide all employees with a job specification for the position held, which will contain information relevant to the duties and responsibilities of the position.

Part 3Hours of Work

10. Ordinary hours of work and rostering

10.1 Non-shift worker

The ordinary hours of work for a non-shift worker must be 38 per week, to be worked over five days, Monday to Friday, between the spread of hours of 7.00 am to 7.00 pm.

10.2 Shift worker

(a) The ordinary hours of work for a shiftworker must be an average of 38 hours per week over 4 weeks (a total of 152 hours), and may include:
(i) Afternoon/night shift; or
(ii) Saturday; or
(iii) Sunday; or
(iv) Public holiday.

10.3 Actual starting and finishing times are to be arranged by work rules at the workplace.

11. Breaks

11.1 An unpaid meal period of not less than 20 minutes must be taken not more than five hours after the commencement of work and the taking of such meal period.

11.2 Where work on any day continues beyond the period of normal working hours, a second meal break of not less than 20 minutes must be taken if work continues for two hours or more.

11.3 An employer may stagger the time of taking a meal break to meet operational requirements.

Part 4Wages and Allowances

12. Minimum wages

An employer must pay employees the following minimum wages for ordinary hours worked.

12.1 Administrative stream

Minimum rates of pay for the Administrative stream are in Table 1. Classification descriptors are in Schedule B.

Table 1 Administrative stream

	Work 	Minimum    Minimum 	Minimum	     Minimum 
	Value	Annual     Fortnightly  Hourly       Casual Hourly
	Level	Rate	   Rate		Rate         Rate
Administrative Officer					
Grade 1   A	48,508	   1859.30	24.46	     30.58
Grade 1   B	49,706	   1905.20	25.07	     31.34
Grade 1   C	50,904	   1951.10	25.67	     32.09
Grade 1   D	52,107	   1997.30	26.28	     32.85
Grade 2   A	53,863	   2064.60	27.17	     33.96
Grade 2   B	54,892	   2104.00	27.68	     34.60
Grade 2   C	55,909	   2143.00	28.20	     35.25
Grade 2   D	56,949	   2182.90	28.72	     35.90
Grade 3   A	59,227	   2270.20	29.87	     37.34
Grade 3   B	60,333	   2312.60	30.43	     38.04
Grade 3   C	61,440	   2355.00	30.99	     38.74
Grade 3   D	62,121	   2381.10	31.33	     39.16
Grade 4   A	64,250	   2462.70	32.40	     40.50
Grade 4   B	65,360	   2505.20	32.96	     41.20
Grade 4   C	66,444	   2546.80	33.51	     41.89
Grade 5   A	68,981	   2644.00	34.79	     43.49
Grade 5   B	69,935	   2680.60	35.27	     44.09
Grade 5   C	71,051	   2723.40	35.83	     44.79
Grade 6   A	73,914	   2833.10	37.28	     46.60
Grade 6   B	75,318	   2886.90	37.99	     47.49
Grade 6   C	76,739	   2941.40	38.70	     48.38
Grade 7   A	80,250	   3076.00	40.47	     50.59
Grade 7   B	81,637	   3129.10	41.17	     51.46
Grade 7   C	83,043	   3183.00	41.88	     52.35
Grade 8   A	88,919	   3408.30	44.85	     56.06
Grade 8   B	91,363	   3501.90	46.08	     57.60
Grade 8   C	93,806	   3595.60	47.31	     59.14

12.2 Technical stream

Minimum rates of pay for the Technical stream are in Table 2. Classification descriptors are in Schedule B.

Table 2  Technical stream

	Work 	Minimum    Minimum 	Minimum	     Minimum 
	Value	Annual     Fortnightly  Hourly       Casual Hourly
	Level	Rate	   Rate		Rate         Rate
Technical Assistant (TA)					
TA 1	  A	50,300	   1928.00	25.37	     31.71
TA 1	  B	51,158	   1960.90	25.80	     32.25
TA 1	  C	51,989	   1992.70	26.22	     32.78
TA 1	  D	52,257	   2003.00	26.36	     32.95
Technical officer (TO)					
TO 1	  A	54,574	   2091.80	27.52	     34.40
TO 1	  B	55,514	   2127.80	28.00	     35.00
TO 1	  C	56,295	   2157.80	28.39	     35.49
TO 1	  D	57,417	   2200.80	28.96	     36.20
TO 1	  E	57,725	   2212.60	29.11	     36.39
TO 1	  F	58,678	   2249.10	29.59	     36.99
TO 1	  G	59,670	   2287.10	30.09	     37.61
TO 1	  H	60,516	   2319.60	30.52	     38.15
TO 1	  I	61,186	   2345.30	30.86	     38.58
TO 2	  A	61,625	   2362.10	31.08	     38.85
TO 2	  B	62,833	   2408.40	31.69	     39.61
TO 2	  C	63,311	   2426.70	31.93	     39.91
TO 3	  A	64,415	   2469.00	32.49	     40.61
TO 3	  B	65,330	   2504.10	32.95	     41.19
TO 3	  C	66,800	   2560.40	33.69	     42.11
TO 4	  A	67,941	   2604.20	34.27	     42.84
TO 4	  B	68,751	   2635.20	34.67	     43.34
TO 4	  C	70,229	   2691.90	35.42	     44.28
TO 5	  A	71,446	   2738.50	36.03	     45.04
TO 5	  B	72,780	   2789.70	36.71	     45.89
TO 6	  A	74,200	   2844.10	37.42	     46.78
TO 6	  B	75,614	   2898.30	38.14	     47.68
TO 7	  A	77,292	   2962.60	38.98	     48.73
TO 7	  B	78,707	   3016.80	39.69	     49.61

12.3 Professional stream

Minimum rates of pay for the Professional stream are in Table 3. Classification descriptors are in Schedule B.

Table 3  Professional stream

	Work 	Minimum    Minimum 	Minimum	     Minimum 
	Value	Annual     Fortnightly  Hourly       Casual Hourly
	Level	Rate	   Rate		Rate         Rate

Information Technology Officer (ITO)					
ITO 1	  A	57,529	   2205.10	29.01	     36.26
ITO 1	  B	59,118	   2266.00	29.82	     37.28
ITO 1	  C	60,730	   2327.80	30.63	     38.29
ITO 1	  D	61,961	   2375.00	31.25	     39.06
ITO 1	  E	63,160	   2420.90	31.85	     39.81
ITO 1	  F	64,800	   2483.80	32.68	     40.85
ITO 1	  G	67,193	   2575.50	33.89	     42.36
ITO 2	  A	68,981	   2644.00	34.79	     43.49
ITO 2	  B	70,574	   2705.10	35.59	     44.49
ITO 2	  C	72,324	   2772.20	36.48	     45.60
ITO 2	  D	73,914	   2833.10	37.28	     46.60
ITO 3	  A	77,433	   2968.00	39.05	     48.81
ITO 3	  B	79,532	   3048.50	40.11	     50.14
ITO 3	  C	81,637	   3129.10	41.17	     51.46
ITO 4	  A	86,225	   3305.00	43.49	     54.36
ITO 4	  B	88,919	   3408.30	44.85	     56.06
ITO 5	  A	93,806	   3595.60	47.31	     59.14
Legal Officer (LO)					
LO 1	  A	58,240	   2232.30	29.37	     36.71
LO 1	  B	60,245	   2309.20	30.38	     37.98
LO 1	  C	61,933	   2373.90	31.24	     39.05
LO 1	  D	63,586	   2437.20	32.07	     40.09
LO 1	  E	65,682	   2517.60	33.13	     41.41
LO 1	  F	67,771	   2597.70	34.18	     42.73
LO 1	  G	69,707	   2671.90	35.16	     43.95
LO 1	  H	71,799	   2752.00	36.21	     45.26
LO 1	  I	73,729	   2826.00	37.18	     46.48
LO 2	  A	77,352	   2964.90	39.01	     48.76
LO 2	  B	78,407	   3005.30	39.54	     49.43
LO 2	  C	79,468	   3046.00	40.08	     50.10
LO 2	  D	80,527	   3086.60	40.61	     50.76
LO 3	  A	85,337	   3271.00	43.04	     53.80
LO 3	  B	86,569	   3318.20	43.66	     54.58
LO 3	  C	87,797	   3365.30	44.28	     55.35
LO 4	  A	93,075	   3567.60	46.94	     58.68
LO 4	  B	95,082	   3644.50	47.95	     59.94
LO 5	  A	98,713	   3783.70	49.79	     62.24
Engineer/ Scientist (ES)					
ES 1	  A	54,530	   2090.10	27.50	     34.38
ES 1	  B	55,332	   2120.90	27.91	     34.89
ES 1	  C	57,412	   2200.60	28.96	     36.20
ES 1	  D	58,819	   2254.50	29.66	     37.08
ES 1	  E	61,142	   2343.60	30.84	     38.55
ES 1	  F	63,517	   2434.60	32.03	     40.04
ES 1	  G	64,938	   2489.10	32.75	     40.94
ES 2	  A	67,111	   2572.40	33.85	     42.31
ES 2	  B	68,669	   2632.10	34.63	     43.29
ES 2	  C	69,935	   2680.60	35.27	     44.09
ES 2	  D	71,204	   2729.20	35.91	     44.89
ES 3	  A	73,506	   2817.50	37.07	     46.34
ES 3	  B	75,318	   2886.90	37.99	     47.49
ES 3	  C	76,555	   2934.30	38.61	     48.26
ES 3	  D	78,951	   3026.20	39.82	     49.78
ES 4	  A	81,641	   3129.30	41.18	     51.48
ES 4	  B	83,043	   3183.00	41.88	     52.35
ES 4	  C	85,337	   3271.00	43.04	     53.80
ES 5	  A	89,433	   3428.00	45.11	     56.39
ES 5	  B	91,699	   3514.80	46.25	     57.81
ES 5	  C	93,959	   3601.40	47.39	     59.24

12.4 General stream

Minimum rates of pay for the General stream are in Table 4. Classification descriptors are in Schedule B.

Table 4  General stream

	Work 	Minimum    Minimum 	Minimum	     Minimum 
	Value	Annual     Fortnightly  Hourly       Casual Hourly
	Level	Rate	   Rate		Rate         Rate

Field worker (FW)					
FW 1	1	51,306	   1966.60	25.88	     32.35
FW 2	2	52,340	   2006.20	26.40	     33.00
FW 3	3	53,869	   2064.80	27.17	     33.96

12.5 Supported wage system

See Schedule C.

12.6 School-based apprentices

See Schedule D.

12.7 National training wage

See Schedule E.

13. Payment of salaries

13.1 All salaries must be paid fortnightly and must be paid by direct credit to a bank account, credit union or building society. 13.2 The amount payable fortnightly will be calculated as follows

    Annual salary   X   14
        365.25

    Part time hours of duty  X    Annual salary   X   14
    Ordinary hours of duty             365.25

14. Higher duties

14.1 Where an employee is required to perform, for at least five consecutive working days, all or part of the duties of a position for which a higher rate of salary is fixed by the award, such employee must be granted from the date of assignment an allowance calculated in the following manner:
(a) where the employee performs the full duties of the higher position such allowance as will increase the employee's rate of pay to the minimum rate of pay for that higher position for the period they are so employed; or
(b) where the employee performs a portion of the duties of the higher position such allowance, if required, as will increase the rate of pay of the employee to the maximum salary rate applicable to their classification plus an allowance calculated in accordance with the following table:

Proportion of duties performed in 	Rate of allowance
higher office or position

At least 25% but less than 50% 		25% of the difference between the maximum 
					salary rate applicable to the assignee's 
					classification and the rate of total wage 
					payable had the assignee been promoted to 
					the higher office or position

At least 50% but less than 75%		50% of such difference

At least 75% but less than 100%		75% of such difference

14.2 In the event of an employee being promoted whilst performing higher duties, the date from which increments within the next position will apply will be the date such employee commenced the period of higher duties, whether or not such promotion is to the position in which higher duties were being performed or a position at an equivalent classification to such higher position.

14.3 When the number of consecutive working days in terms of clause 14.1, is five or more, any public holiday(s) or authorised absence within the period or immediately following such period of higher duties will be included for payment when calculating the allowance to be paid.

14.4 Where an employee, whilst working in a higher position for which they are entitled to an allowance under this clause, proceeds upon annual leave such allowance must be paid for the period of leave provided that:
(a) the employee has performed in that higher position for five or more consecutive working days; and
(b) the amount of such leave for which the allowance is paid must not exceed five days unless the employee, on return from leave, continues to perform in the higher position, in which case the allowance must be paid for all such leave unless the employee has, prior to proceeding on such leave, performed in that higher position for 20 or more consecutive days, in which case the allowance must be paid for all leave.

14.5 A higher duties allowance will not be paid to:
(a) employees on long service leave, unless the assignment has continued for a period exceeding 12 months;
(b) employees on parental leave; or
(c) employees who proceed on full-time study leave immediately following a higher duties assignment.

14.6 For the purposes of this clause, the duties of a position means the duties which would usually be performed in the position during the period applicable. The proportion of duties must be detailed by the employer, having due regard to the duty statement of the higher position.

15. Allowances

15.1 Allowance rates

The employer must pay to an employee any allowances the employee is entitled to under this clause.

(a) Wage related allowances

Allowance   Payable	        % of standard rate ($2064.60)	$
First aid   fortnightly	        1.41				29.11
Stand by    per night	        1.42				29.32
Stand by    per day and night	2.84				58.63

(b) Expense related allowances

Allowance	  Payable					$
Overtime meal	  per occasion					22.10
Motor vehicle	  if employee is required to use own 
		  vehicle for work				0.99 per km

15.2 Wage related allowances

(a) First aid allowance
(i) The employer may nominate an employee as a first aid officer for a given workplace.
(ii) Where an employee so nominated holds a first aid certificate issued by the St John Ambulance Association or a qualification deemed equivalent the employer may authorise the payment to such an employee of the first aid allowance.

(b) Stand-by allowance
(i) A stand-by allowance is payable to an employee who is required to be on stand-by outside their ordinary hours of duty and available to: perform work away from their usual place or places of work; or return to their usual place or places of work within a specified maximum period of time.
(ii) The allowance will constitute total compensation for any intermittent duty in connection with stand-by performed for up to a total of one hour's duration. An employee who is required to return to work when on stand-by will, after the first hour, be compensated for each hour or part hour worked, in accordance with the overtime provisions of this award.
(iii) The stand-by allowance does not apply where stand-by is incorporated into total remuneration or is otherwise compensated.

15.3 Expense related allowances

(a) Equipment allowance
Where an employee is required to provide necessary instruments, equipment, tools, stationery and furniture for carrying out their work, the employer must reimburse the employee for any expenses incurred. This clause does not apply if the employer provides such instruments, equipment, tools, stationery and furniture.

(b) Overtime meal allowance
(i) An overtime meal allowance is payable to an employee who is required to work a period of overtime which:
(A) is immediately before or after a scheduled period of ordinary duty and is not less than two hours; or
(B) is not immediately before or after a scheduled period of ordinary duty, and either:
includes a meal break of not less than 20 minutes taken prior to the completion and not less than four hours after the commencement of the overtime; or
where the period of duty is not less than four hours and the taking of a meal break is precluded by reason of safety requirements.
(ii) An employee eligible for a meal allowance provided for under this clause who purchases a meal of two or more courses at a canteen, cafeteria, mess room or dining room conducted by the employer which is less than the allowance, must be reimbursed the actual cost of such a meal instead of the allowance.

(c) Excess travelling time
(i) An employee who is directed to work temporarily at a location other than their normal place of employment may, subject to the following provisions, be granted time off during normal hours of duty in respect of any period of excess travelling time so incurred, or must be reimbursed at the ordinary rate of pay (calculated to the nearest quarter hour) for time reasonably spent in travelling to and from the place of residence and the designated place of work outside normal working hours (in excess of the time normally spent in travelling from the place of residence to the usual place of work and return).
(ii) Provided that a journey involving excess travelling time of less than 30 minutes daily must not be taken into account and it will be granted only to employees whose salary does not exceed that prescribed for the highest subdivision of Administrative Officer Grade 6.

(d) Travel, accommodation and other incidental expenses
Where the employer requires an employee in the course of duties to be absent overnight or for part of the day, the employee must be reimbursed for reasonable travelling, accommodation and other incidental expenses incurred. This provision does not apply if the expenses are paid for by the employer.

(e) Motor vehicle
(i) An employee who by agreement with the employer uses their own private motor vehicle in the course of their duties must be paid the vehicle allowance.
(ii) An allowance will not be payable in respect of travelling in excess of 16,000 km in any financial year unless the prior approval of the employer has been obtained for such travelling.

15.4 Automatic adjustment of wage-related allowances

The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.

15.5 Adjustment of expense related allowances

(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance		Applicable Consumer Price Index figure
Meal allowance		Take away and fast foods sub-group
Vehicle Allowance	Private motoring sub-group

16 Accident pay

16.1 Subject to clause 16.2, an employee who is absent from duty as a result of sustaining an injury in respect of which the employee is entitled to weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), will receive make-up pay equal to the employee's ordinary rate of pay less the amount of the weekly payments of compensation (make-up pay).

16.2 Make-up pay ceases in relation to any one injury (including a recurrence or aggravation of the injury) when:
(a) the employee has been absent from work for either a continuous or an aggregate period of 52 weeks;
(b) the employee receives a lump sum in redemption of weekly payments of compensation; or
(c) the employee's employment is lawfully terminated.

17. Superannuation

17.1 Superannuation legislation

(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 17 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund's MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

17.2 Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

17.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 17.2.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months' written notice to their employer.
(c) The employer must pay the amount authorised under clauses 17.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 17.3(a) or (b) was made.

17.4 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 17.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 17.2 and pay any amount authorised under clauses 17.3(a) or 17.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) VicSuper;
(b) Vision Super;
(c) Equip Super;
(d) HESTA;
(e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(f) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5 Penalties and Overtime

18. Shiftwork

18.1 An employee rostered to work in accordance with a shift roster will be paid the following loadings in addition to their ordinary rate of pay:

Shift		   Period					Loading		Total payment 
										rate

Monday to Friday   Finishing after 6:30 pm and at or before
afternoon shift	   midnight					15%		115%

Monday to Friday   Finishing after midnight and at or before  
night shift        8:00 am					15%		115%
rotating shift	

Monday to Friday   Finishing after midnight and at or before 
night shift  non   8:00 am					30%		130%
rotating shift	 

Saturday	   All hours on Saturday			50%		150%

Sunday		   All hours on Sunday				100%		200%

Public holiday 	   All hours on a public holiday		150%		250%

19. Overtime

19.1 An employee required to work outside ordinary hours of work will receive an overtime payment or time off.

19.2 An employee in receipt of a salary in excess of that prescribed for the top of Administrative Officer Grade 6 will not be eligible to receive payment for overtime worked.

19.3 The hourly rate for overtime must not exceed that calculated on an annual salary appropriate to the salary prescribed for the top of Administrative Officer Grade 4.

19.4 Time off instead of overtime

The employer may, on the application of an employee, grant time off (on an hour for hour basis) in respect of overtime performed by that employee. No time off will be granted in respect of any work for which payment has been made.

19.5 Overtime rates

Where an employee works overtime, the employer must pay the employee overtime rates as follows:

For overtime work on			Overtime rate
					% of ordinary hourly rate
Monday to Saturday  first 3 hours	150%
Monday to Saturday  after 3 hours	200%
Sunday all day				200%
Public holiday all day			250%

19.6 Shift loadings and overtime rates not cumulative

Shift loadings and overtime rates are not cumulative. If an employee is entitled to more than one overtime rate or shift loading, he or she will be paid the highest single overtime rate or loading applicable to the period of time worked.

Part 6Leave and Public Holidays

20. Annual leave

20.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees. This clause supplements or deals with matters incidental to the NES provisions.

20.2 Annual Leave Loading

(a) In addition to ordinary rates as prescribed in clause 12Minimum wages, a loading of 17.5% of ordinary rates (excluding overtime and allowances) must be paid for the period of annual leave.
(b) The maximum loading payable must not exceed an amount calculated in respect of Work Level B for an Administrative Officer Grade 7, at the first day of January of the year in which annual leave is taken.
(c) Annual leave loading does not apply where it has been incorporated into total remuneration or otherwise compensated.

20.3 Excessive Annual Leave Accruals

Note: The content of this clause is subject to the final determination of the Fair Work Commission

(a) An employee has an excessive leave accrual if:
(i) the employee is not a shiftworker and has accrued more than eight weeks' paid annual leave; or
(ii) the employee is a shiftworker and has accrued more than 10 weeks' paid annual leave.

(b) Eliminating excessive leave accruals

(i) Dealing with excessive leave accruals by agreement

Before an employer can direct that leave be taken under clause 20.3(b)(ii) or an employee can give notice of leave to be granted under clause 20.3(b)(iii), the employer or employee must request a meeting and must genuinely try to agree upon steps that will be taken to reduce or eliminate the employee's excessive leave accrual.

(ii) Employer may direct that leave be taken

This subclause applies if an employee has an excessive leave accrual.

If agreement is not reached under clause 20.3(b)(i), the employer may give a written direction to the employee to take a period or periods of paid annual leave. The direction must state that it is a direction given under clause 20.3(b)(ii) of this award.

Such a direction must not:
= 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, that the employee has been directed to take or that the employee has given notice of under clause 20.3(b)(iii);
= require the employee to take any period of leave of less than one week;
= require the employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;
= 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 the employer and employee.

An employee to whom a direction has been given under this subclause may make a request to take paid annual leave as if the direction had not been given. The employer is not to take the direction into account in deciding whether to agree to such a request.

Note: The NES state that the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

If leave is agreed after a direction is issued and the direction would then result in the employee's remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn.

The employee must take paid annual leave in accordance with a direction complying with this subclause

(iii) Employee may require that leave be granted

This subclause applies if an employee has had an excessive leave accrual for more than six months and the employer has not given a direction under subclause 20.3(b)(ii) that will eliminate the employee's excessive leave accrual.

If agreement is not reached under clause 20.3(b)(i) the employee may give a written notice to the employer that the employee wishes to take a period or periods of paid annual leave. The notice must state that it is a notice given under clause 20.3(b)(iii) of this award.

Such a notice must not:
= 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, that the employee has been directed to take or that the employee has given notice of under this subclause);
= provide for the employee to take any period of leave of less than one week;
= provide for the employee to take any period of leave commencing less than eight weeks after the day the notice is given to the employer;
= provide for the employee to take any period of leave commencing more than 12 months after the day the notice is given to the employer; or
= be inconsistent with any leave arrangement agreed between the employer and employee.

The employer must grant the employee paid annual leave in accordance with a notice complying with this subclause.

(iv) Dispute resolution

Without limiting the dispute resolution clause of this award, an employer or an employee may refer the following matters to the Fair Work Commission under the dispute resolution clause:
= a dispute about whether the employer or employee has requested a meeting and genuinely tried to reach agreement under clause 20.3(b)(i);
= a dispute about whether the employer has unreasonably refused to agree to a request by the employee to take paid annual leave; and
= a dispute about whether a direction to take leave complies with clause 20.3(b)(ii) or whether a notice requiring leave to be granted complies with clause 20.3(b)(iii).

20.4 Cashing Out of Annual Leave

(a) Paid annual leave must not be cashed out except in accordance with this clause.

(b) An employer and an employee may agree to the employee cashing out a particular amount of the employee's accrued paid annual leave provided that the following requirements are met:
(i) each cashing out of a particular amount of accrued paid annual leave must be by a separate agreement between the employer and the employee which must:
= be in writing and retained as an employee record;
= state the amount of accrued leave to be cashed out and the payment to be made to the employee;
= state the date on which the payment is to be made, and
= be signed by the employer and employee and, if the employee is under 18 years of age, the employees' parent or guardian;
(ii) 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;
(iii) 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 4 weeks; and
(iv) employees may not cash out more than two weeks' accrued annual leave in any 12 month period.

Note 1: Under s.344 of the Fair Work Act 2009, an employer must not exert undue influence or undue pressure on an employee to make an agreement to cash out paid annual leave under this award clause.

Note 2: Under s.345 of the Fair Work Act 2009,a person must not knowingly or recklessly make a false or misleading representation about an employee's workplace rights under this award clause.

20.5 Annual leave in advance

(a) An employer and employee may agree to the employee taking a period of paid annual leave in advance of the employee accruing an entitlement to such leave provided that the agreement meets the following requirements:
(i) it is in writing and signed by the employee and employer;
(ii) it states the amount of leave to be taken in advance and the date on which the leave is to commence; and
(iii) it is retained as an employee record.

(b) This subclause applies if an employee takes a period of paid annual leave in advance pursuant to an agreement made in accordance with clause 20.5(a). If the employee's employment is terminated before they have accrued all of the entitlement to paid annual leave which they have taken then the employer may deduct an amount equal to the difference between the employee's accrued annual leave entitlement and the leave taken in advance, from any monies due to the employee on termination.

21. Personal/carer's leave and compassionate leave

21.1 Personal/carer's leave and compassionate leave are provided for in the NES. Paid personal/carer's and compassionate leave do not apply to casual employees. This clause supplements or deals with matters incidental to the NES provisions.

21.2 An employee is entitled to:
(a) 15 days paid personal/carer's leave (inclusive of NES entitlements); and
(b) 3 days paid compassionate leave as required (inclusive of NES entitlements).

22. Community service leave

Community service leave is provided for in the NES.

23. Public holidays

Public holidays are provided for in the NES.

24. Parental leave

24.1 Parental leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

24.2 Maternity leave

A female employee who has at least 12 months' continuous paid service will be entitled to the equivalent of 12 weeks' paid maternity leave, to be taken in connection with the birth of her baby either before and/or after the birth.

24.3 Partner leave
(a) An employee who is the spouse or defacto partner of a woman who has a baby, who has at least 12 months' continuous paid service, will be entitled to one week's paid partner leave in connection with the birth of a child for whom the employee has accepted responsibility, to be taken either before and/or after the birth.
(b) An employee whose spouse or defacto partner was pregnant will be entitled to one week's paid partner leave if the mother of the child has a miscarriage of her pregnancy where it has advanced to at least 20 weeks.

24.4 Adoption leave
(a) If an employee is adopting a child and has at least 12 months' continuous paid service, he or she will be entitled to:
(i) six weeks' paid adoption leave in connection with the adoption of the child if he or she is the primary care giver; or
(ii) one week's paid adoption leave if he or she is the secondary care giver.
(b) Adoption leave can be taken either before and/or after the adoption.

24.5 Special maternity leave
(a) The employee will be entitled to the equivalent of 12 weeks' paid maternity leave if she has a miscarriage of her pregnancy where it has advanced to at least 20 weeks.
(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, maternity leave related to a miscarriage of her pregnancy.
(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further maternity leave related to a miscarriage of her pregnancy. The aggregate of paid sick leave and maternity leave, including parental leave taken by a spouse, may not exceed 52 weeks.

25. Termination of employment

25.1 Notice of termination is provided for in the NES.

25.2 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice, the employer may withhold any money due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause, less any period of notice actually given by the employee.

25.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

Part 7 Workplace Delegates, Consultation and Dispute Resolution

25A. Workplace delegates' rights

25A.1 Clause 25A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.

NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 25A.

25A.2 In clause 25A:
(a) employer means the employer of the workplace delegate;
(b) delegate's organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate's organisation who are employed by the employer in the enterprise.

25A.3 Before exercising entitlements under clause 25A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.

25A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

25A.5 Right of representation

A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate's organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.

25A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.5. This includes discussing membership of the delegate's organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.

25A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 25A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.

25A.8 Entitlement to reasonable access to training

Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks' notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate's access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.

25A.9 Exercise of entitlements under clause 25A
(a) A workplace delegate's entitlements under clause 25A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 25A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 25A does not require an eligible employee to be represented by a workplace delegate without the employee's agreement.

NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 25A.

26. Consultation

26.1 Consultation regarding major workplace change
(a) Employer to notify
(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Employer to discuss change
(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 26.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 26.1(a).
(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer's interests.

26.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee's regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee's regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

27. Dispute resolution

27.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

27.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 27.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

27.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.

27.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

27.5 The employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

27.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

27.7 Dispute resolution training leave

To assist in the resolution of disputes at a workplace, an employee appointed to represent the employees will be granted leave to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the agency. The specific training course will be agreed between the employer and the individual employee. An employee granted leave of absence under this subclause will not suffer any loss of pay.

Part 8 Parks Victoria

[omitted from this copy]

Part 9 Emergency Services Telecommunications Authority

31. Application

This Part applies to the Emergency Services Telecommunications Authority and its employees. This Part operates concurrently with the provisions of this award save and to the extent of any inconsistency in which case this Part will prevail.

32. Classifications

32.1 This clause applies in place of clause 9 and Schedule B of this award.

32.2 The Emergency Services Telecommunications Authority employs two broad categories of employees:
(a) Operational employees - who undertake operational duties at the communication centres such as call-takers, dispatchers and team leaders; and
(b) Operational support employees - who undertake operational support duties including managerial, administrative and trainee positions. An employee may not be engaged and paid at the Trainee Officer level for a period in excess of 6 months and must be reclassified as an Operational support officer thereafter.

33. Minimum Wages

The Emergency Services Telecommunications Authority will pay employees the following minimum wages for ordinary hours worked.

33.1 Operational employees

Position Title	Minimum 	Minimum			Minimum		Minimum
		Annual Rate	Fortnightly Rate	Hourly Rate	Casual Rate
		$		$			$		$
Calltaker	53,720		2059.10			27.09		33.86
Dispatcher	62,755		2405.40			31.65		39.56
Team leader	71,608		2744.70			36.11		45.14

33.2 Operational support employees

Position Title	Minimum 	Minimum			Minimum		Minimum
		Annual Rate	Fortnightly Rate	Hourly Rate	Casual Rate
		$		$			$		$
Trainee officer	46,517		1783.00			23.46		29.33

Operational 
support officer	49,567		1899.90			25.00		31.25

Manager		67,652		2593.10			34.12		42.65

34. Hours of Work

Employees shall be employed for a total of 1976 ordinary hours per annum (inclusive of all categories of leave), resulting in an average of 38 hours work per week.

35. Overtime

35.1 This clause applies in place of clause 19 - Overtime.

35.2 An employee shall work a reasonable amount of overtime if requested. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
(a) any risk to employee health and safety;
(b) the employee's personal circumstances including any family responsibilities;
(c) the needs of the workplace or enterprise;
(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(e) any other relevant matter.

35.3 An employee recalled to work overtime after leaving work shall be paid a minimum of four (4) hours at overtime rates. Provided that an employee requested to commence a shift early, shall be paid overtime only for the hours worked prior to the normal shift commencement.

35.4 Time worked in excess of rostered ordinary time hours per shift, and, for full-time employees, in excess of 40 ordinary time hours per week will be paid as overtime.

35.5 Overtime worked on a public holiday or alternative public holiday in excess of the ordinary rostered hours will be paid at triple ordinary time.

35.6 An employee may elect to take time off normal rostered duty in lieu of overtime, subject to the following:
(a) the time off granted would be no more than the actual time worked;
(b) an employee may take a maximum of two days at a time;
(c) an employee may bank a maximum of four days/shifts in total; and
(d) the time off may be taken at a time agreed between the employee and the relevant manager, and must take into consideration operational requirements.

35.7 The granting of the time off will not be unreasonably refused.

36. Shiftwork

36.1 Shift loading for Operational employees

An Operational employee must be paid shift loadings in addition to their ordinary rate of pay:

Shift	          Period							Loading
Monday to Friday  1. Shift commencing after noon where at least half of 
afternoon shift	     the shift is worked after 6 pm. 
		  2. 11.00 am to 11.00pm shift at Tally Ho and Ballarat		 15%

Night (Except     1. Where at least half of the shift is worked after 11.00 pm.  25%
where Saturday,   2. Where an equal number of hours are worked before and 
Sunday or Public     after midnight Friday, the Saturday rate applies.
Holiday rates 
apply)	

Saturday	  1. Where at least half of the shift is worked between 
                     midnight Friday and midnight Saturday, except that: 
                  2. Where an equal number of hours are worked before and 
                     after midnight Saturday, the Sunday rate applies.		 50%

Sunday	          1. Where at least half of the shift is worked between 
                     midnight Saturday and midnight Sunday. 
		  2. 7.00 pm Sunday to 7.00 am Monday shift at the World 
		     Trade Centre.						 100%

Public Holiday	  1. Where at least half of the shift is performed on the 
                     public holiday. 
                  2. At the  World Trade Centre, where the shift commences 
                     at 7.00 pm on the Public Holiday and concludes at 
                     7.00am the following day.					 150%

Rostered on	Rostered off	Payment			  Payment
				Public Holiday		  Substitute Day

Public Holiday 			Single time, plus Public 
(no substitute 			Holiday shift loading	  N/A
day applicable		

		Public Holiday  A day's salary at the 	  N/A
		(no substitute  single time rate, in lieu 
		day applicable  of the public holiday. 
				The hours are to be 
				calculated in the same 
				manner as sick leave.

Public Holiday 			Single time, plus Saturday  Single time, plus Public 
and Substitute 			or Sunday shift loading,    Holiday shift loading
Day				whichever day is rostered. 
				Where Christmas Day (25 
				December) falls on a 
				Saturday or Sunday, an 
				additional 50% loading is 
				paid.	

		Public Holiday  A day's salary at the single N/A 
		and Substitute  time rate, in lieu of the 
		Day             public holiday. The hours 
			        are to be calculated in the 
			        same manner as sick leave.

Public Holiday	Substitute Day	Single time, plus Saturday   A day's salary at the single  
				or Sunday shift loading,     time rate, in lieu of the 
				whichever day is rostered.   public holiday. The hours 
				Where Christmas Day (25      are to be calculated in the 
				December) falls on a         same manner as sick leave.
				Saturday or Sunday, an 
				additional 50% loading is 
				paid	

Substitute Day	Public Holiday	A day's salary at the single Single time, plus afternoon, 
				time rate, in lieu of the    night or weekend shift loading, 
				public holiday. The hours    depending on day when work is 
				are to be calculated in the  rostered.
				same manner as sick leave.

36.4 Entitlements for part-time shift workers in relation to public holidays and substitute public holidays

(a) Where the normal roster of a part-time employee includes a day which is a holiday, the employee is entitled to receive the public holiday loading rate for working on the day.
(b) A part-time employee whose normal roster includes a Saturday or Sunday which would be a prescribed holiday but for the substitution of an alternative day is entitled to the following payments in relation to public holidays and substitute days.

Rostered on	Rostered off	Payment			  Payment
				Public Holiday		  Substitute Day

Public Holiday 			Single time, plus Public 
(no substitute 			Holiday shift loading	  N/A
day applicable		

		Public Holiday  N/A		 	  N/A
		(no substitute  
		day applicable  

Weekend
Public Holiday 			Single time, plus            Single ordinary time 
and Substitute 			applicable weekend           rate of pay, plus
				loadings plus single time    afternoon, night, or 
				for an additional day of     weekend shift loadings
				equal length, plus where     depending on the day 
				Christmas Day (25 December)  when work is rostered.
				falls on a Saturday or 
				Sunday, an additional 50% 
				loading is paid.

		Public Holiday  N/A			     N/A 
		and Substitute   
		Day             

Weekend
Public Holiday	Substitute Day	Single time, plus            N/A
		Monday-Friday	applicable weekend
				loadings plus single time
				for an additional day of
				equal length, plus where
				Christmas Day (25 December
				falls on a Saturday or 
				Sunday, an additional 50% 
				loading is paid

Substitute Day	Public Holiday	N/A                          Single time, plus public, 
							     holiday loading rate is
							     paid.

Part 10 VicRoads

[omitted from this copy]

Part 11 Catchment Management Authorities

[omitted from this copy]

SCHEDULE A EXCLUDED AWARDS

Excluded State reference public sector transitional awards
1. Victorian Public Service Award 2005
2. Department of Human Services (Nurses) Award 2002
3. Victorian Health and Community Services (Psychiatric, Disability and Alcohol and Drug Services) Award 2003
4. The Australian Workers Union (Victorian Public Sector) Award 2001
5. Teachers' (Victorian Government Schools) Conditions of Employment Award 2001
6. School Services Officers (State Government Schools), Victoria, Award 2000
7. Nurses (Victorian Health Services) Award 2000 CRV
8. Health and Allied Services - Public Sector - Victoria Consolidated Award 1998
9. Health Professional Services - Public Sector - Victoria Award 2003
10. Medical Scientists, Pharmacists and Psychologists (Public Sector - Victoria) Award 2003
11. Hospital Specialists and Medical Administrators Award 2002 CRV
12. Nurses (ANF - Victorian Local Government) Award 2002
13. Early Childhood Teachers Interim Award 1999 CRV
14. Educational Services - Early Childhood Assistants - Victoria - Award 1999 CRV

SCHEDULE B POSITION STATEMENTS

B.1 Administrative Stream

B.1.1 Administrative Officer Grade 1