OC Act Document

**Table of Contents** [Section I -- Core Terms and Conditions of Employment 15](#_Toc443562770) [**Part 1 Application and Operation of Agreement 15**](#_Toc443562771) [**1. Title 15**](#_Toc46484892) [**2. Definitions and interpretation 15**](#_Ref442191045) [**3. Commencement Date and Period o...

**Table of Contents** [Section I -- Core Terms and Conditions of Employment 15](#_Toc443562770) [**Part 1 Application and Operation of Agreement 15**](#_Toc443562771) [**1. Title 15**](#_Toc46484892) [**2. Definitions and interpretation 15**](#_Ref442191045) [**3. Commencement Date and Period of Operation 17**](#_Ref443404405) [**4. Application of Agreement and Parties Covered 18**](#_Ref301953721) [**5. No Further Claims 19**](#_Toc45003680) [**6. Savings Provisions and Relationship with other Awards and Agreements 19**](#_Toc46484897) [**7. Anti‑Discrimination and Workplace Diversity 20**](#_Toc46484898) [**Part 2 Flexible Work 22**](#_Toc46484899) [**8. Flexible Work 22**](#_Ref45006831) [**9. Individual Flexibility Arrangements 23**](#_Ref45006819) [**10. Flexible Working Arrangements -- Specific Circumstances 23**](#_Ref442191562) [**Part 3 Communication, Consultation and Dispute Resolution 26**](#_Toc443562772) [**11. Implementation of Change 26**](#_Ref443403138) [**12. Consultation on Changes to Rosters or Hours of Work 27**](#_Ref443385281) [**13. Resolution of Disputes 28**](#_Ref301953866) [**14. Workload 31**](#_Ref45006833) [**Part 4 Employment Relationship and Related Arrangements 32**](#_Ref443318731) [**15. Mobility Principles 32**](#_Ref45006829) [**16. Mobility Payment 33**](#_Toc46484910) [**17. Secure Employment 40**](#_Toc45003702) [**18. Employment Categories and Entitlements 42**](#_Toc46484912) [**19. Usual Place or Places of Work 44**](#_Toc45003705) [**20. Termination of Employment 47**](#_Toc46484914) [**21. Costs of Employment Related Legal Proceedings 49**](#_Toc46484915) [**22. Working From Home 49**](#_Ref45006821) [**23. Redeployment 49**](#_Toc46484917) [**24. Management of Unsatisfactory Work Performance 49**](#_Ref301954393) [**25. Management of Misconduct 54**](#_Ref301954329) [**Part 5 Salary and Related Matters 60**](#_Ref442343295) [**26. Application 60**](#_Ref301961594) [**27. Classifications and Salaries -- VPS and VPS Aligned Adaptive Structures 60**](#_Ref301955111) [**28. Gender Equality 63**](#_Toc45003733) [**29. Performance Development and Progression within a Value Range 65**](#_Toc45003735) [**30. Salary Increases 71**](#_Toc45003773) [**31. Casual Employees -- Loading 72**](#_Ref45113338) [**32. Supported Wage System 72**](#_Toc46484927) [**33. Payment of Salaries 72**](#_Toc46484928) [**34. Salary Packaging 73**](#_Toc46484929) [**35. Allowances -- Work or Conditions 73**](#_Ref301953779) [**36. Reimbursement of Expenses 77**](#_Ref301953803) [**37. Superannuation 79**](#_Toc45003800) [**Part 6 Hours of Work and Related Matters 81**](#_Ref443554256) [**38. Hours of Work 81**](#_Ref301953907) [**39. Shift Work 81**](#_Ref301958621) [**40. Rest and Meal Breaks 85**](#_Ref45006814) [**41. Overtime 86**](#_Ref301957622) [**42. Christmas Closedown 90**](#_Toc45003819) [**43. Childcare 91**](#_Toc437874063) [**Part 7 Leave of Absence and Public Holidays 92**](#_Toc443562776) [**44. Leave of Absence -- General 92**](#_Toc46484941) [**45. Annual Leave 93**](#_Ref443392819) [**46. Cashing Out of Annual Leave 96**](#_Toc46484943) [**47. Purchased Leave 97**](#_Ref45006822) [**48. Infectious Diseases 98**](#_Toc46484945) [**49. Dangerous Medical Conditions 98**](#_Toc46484946) [**50. Public Holidays 98**](#_Ref301953697) [**51. Personal/ Carer's Leave 99**](#_Ref301959218) [**52. Family Violence Leave 105**](#_Ref45006823) [**53. Military Service Sick Leave 107**](#_Toc46484950) [**54. Compassionate Leave 107**](#_Ref301959725) [**55. Parental Leave 109**](#_Toc428285271) [**56. Surrogacy Leave 121**](#_Ref45006818) [**57. Foster and Kinship Care Leave 122**](#_Toc46484954) [**58. Gender Transition Leave 123**](#_Toc46484955) [**59. Leave to Attend Rehabilitation Program 124**](#_Toc437874121) [**60. Cultural and Ceremonial Leave 125**](#_Ref301960997) [**61. Leave to participate in the First Peoples' Assembly of Victoria 126**](#_Toc46484958) [**62. Long Service Leave 126**](#_Ref301961041) [**63. Defence Reserve Leave 130**](#_Toc45003847) [**64. Jury Service 131**](#_Toc46484961) [**65. Leave for Blood Donations 131**](#_Toc46484962) [**66. Leave to Engage in Voluntary Emergency Management Activities 131**](#_Toc46484963) [**67. Voluntary Community Activities Leave 132**](#_Toc46484964) [**68. Participation in Sporting Events 132**](#_Toc46484965) [**69. Study Leave 132**](#_Toc46484966) [**70. Other Leave 133**](#_Toc45003864) [**Part 8 Emergency Management 134**](#_Toc46484968) [**71. Review of Emergency Management Provisions 134**](#_Ref45129289) [**72. VPS Emergency Surge Capacity for State, Regional or Incident Control Centres 134**](#_Ref45044185) [**Part 9 Occupational Health and Safety 144**](#_Toc443562777) [**73. Accident Make‑Up Pay 144**](#_Toc46484972) [**74. Occupational Health and Safety and Rehabilitation 144**](#_Ref45096210) [**75. Industrial Relations/Occupational Health and Safety Training 148**](#_Toc46484974) [**76. Facilities, Equipment and Accommodation -- General 148**](#_Toc46484975) [**77. Agreement Compliance and Union Related Matters 148**](#_Toc437874168) [**78. Right of Entry 149**](#_Toc46484977) [Schedule A Redeployment 150](#_Ref45010320) [Schedule B Supported Wage System 151](#_Ref45038767) [**1. Supported Wage System 151**](#_Toc46484980) [Schedule C VPS Salaries and Classification and Value Range Descriptors 154](#_Ref45037781) [**1. VPS Salaries 154**](#_Ref45037777) [**2. VPS Career Structure Classification and Value Range Standard Descriptors 161**](#_Ref45099269) [Schedule D Legal Officer Adaptive Structure and Classification and Value Range Descriptors 181](#_Ref45093697) [**1. Legal Officer Adaptive Structure 181**](#_Toc46484985) [**2. Legal Grade and Value Range Descriptors 182**](#_Ref45093652) [Schedule E Allied Health Adaptive Structure and Classification and Value Range Descriptors 189](#_Ref45093767) [**1. Allied Health Adaptive Structure 189**](#_Toc46484988) [**2. Speech Pathologists, Social Workers, Psychologists/Guidance Officers and Related Professions (Allied Health) Grade and Value Range Descriptors 190**](#_Ref389660828) [Schedule F Science Adaptive Structure and Grade and Value Range Descriptors 193](#_Ref389660860) [**1. Science Adaptive Structure 193**](#_Toc46484991) [**2. Science Grade and Value Range Descriptors 194**](#_Ref45093881) [Schedule G Adaptive Structures 199](#_Ref45036099) [**1. VPS Aligned Adaptive Classification Structures 199**](#_Toc46484994) [**2. Non-VPS Aligned Adaptive Classification Structures 199**](#_Ref45036072) [Section II -- Agency Specific Arrangements 201](#_Toc443562785) [**1. Agency Specific Arrangements 201**](#_Ref45006805) [Appendix 1 Department of Justice and Community Safety 202](#_Ref443051005) [**Part 1 Corrections Victoria 202**](#_Toc46484999) [**1. Mental Health and Wellbeing 202**](#_Toc46485000) [**2. Work or Conditions Allowances 202**](#_Toc46485001) [**3. Wulgunggo Ngalu Learning Place 205**](#_Toc46485002) [**4. Custodial Officers -- Hours of Work and Rosters 207**](#_Ref443050952) [**5. Flexible working arrangements 208**](#_Toc45003904) [**6. Workplace Consultative Arrangements 209**](#_Ref45096690) [**Part 2 Custodial Officers 209**](#_Toc46485006) [**7. Custodial Officer Structure -- VPS Aligned Adaptive Structure 209**](#_Ref45094832) [**8. Custodial Officer Structure -- 80 hour fortnight 211**](#_Ref45039804) [**9. Custodial Officer Classification Descriptors 213**](#_Ref45098948) [**Part 3 Community Corrections 221**](#_Toc46485010) [**10. Community Corrections Practitioner (CCP) -- VPS Aligned Adaptive Classification Structure 221**](#_Ref45094953) [**Part 4 Office of the Public Advocate 222**](#_Toc443562788) [**11. Work or Conditions Allowances -- Pager Allowance 222**](#_Toc46485013) [**Part 5 Sheriff's Office 222**](#_Toc443562789) [**12. Work or Conditions Allowances -- Rostered Employees 222**](#_Ref443483352) [**13. Sheriffs Officer -- Fitness for Duty 223**](#_Toc46485016) [**14. Reviews during life of the Agreement 223**](#_Toc46485017) [**Part 6 Sherriff's Officer Classification Structure 224**](#_Toc46485018) [**15. Sherriff's Officer Classification Structure 224**](#_Ref45095000) [**Part 7 Consumer Affairs Victoria 225**](#_Toc443562790) [**16. Shop Trading Inspectors Stand-By Allowance 225**](#_Toc46485021) [**Part 8 Youth Justice 225**](#_Toc46485022) [**17. Youth Justice Worker Structure 225**](#_Toc46485023) [**18. Shift Allowances -- Saturday and Sundays 226**](#_Toc46485024) [**19. Time Recording 226**](#_Toc46485025) [**20. Overtime (Child and Dependent Care), Sleepover and Court Allowances 226**](#_Toc46485026) [**Part 9 Youth Justice - Non-VPS Aligned Adaptive Classification Structure and Descriptors -- Department of Justice and Community Safety 227**](#_Toc46485027) [**21. Youth Justice Worker 227**](#_Ref45095535) [**22. Youth Justice Custodial Career Structure Classifications and Standard Descriptors 231**](#_Ref45095552) [**Part 10 Youth Justice Custodial Centres 238**](#_Toc46485030) [**23. Overtime 238**](#_Ref45040346) [**24. Youth Justice practice principles 238**](#_Toc46485032) [**25. Training and Consultative Mechanisms 239**](#_Toc46485033) [**26. Provision of Protective Clothing -- Youth Justice Custodial Centres 239**](#_Toc46485034) [**27. Employee Development 240**](#_Toc46485035) [**28. Stand-by / Recall Allowance -- Youth Justice Custodial Centres 240**](#_Toc46485036) [**29. Safety and Emergency Response Team 241**](#_Toc46485037) [**Part 11 Children, Youth and Families Stream 241**](#_Ref45103113) [**30. Application 241**](#_Toc46485039) [**31. Ten Hour Break 241**](#_Toc46485040) [**32. Overtime and Additional Leave 242**](#_Toc46485041) [**Part 12 Child Protection Practitioner Structure - Non-VPS Aligned Adaptive Classification Structure -- Department of Justice and Community Safety 243**](#_Ref45103395) [**33. Application 243**](#_Toc46485043) [**34. Child Protection Practitioner Structure 243**](#_Ref45096038) [**Part 13 Victorian Institute of Forensic Medicine -- Forensic Nurse Examiners and Forensic Nurse (Biological Specimens) 243**](#_Ref45036303) [**35. Application of Part 13 of this Appendix 243**](#_Toc46485046) [**36. Type of Employment 244**](#_Toc46485047) [**37. Fitness for duty 245**](#_Toc46485048) [**38. Hourly rates of pay -- Forensic Nurse Examiner Employees 245**](#_Toc46485049) [**39. Hourly rates of pay -- Forensic Nurse (Biological Specimens) Employees 245**](#_Toc46485050) [**40. Travel time 246**](#_Toc46485051) [**41. On-call / stand-by 246**](#_Toc46485052) [**42. Forensic Report Allowance -- Forensic Nurse Examiners 246**](#_Toc46485053) [**43. Forensic Report Allowance -- Forensic Nurse (Biological Specimen) 247**](#_Toc46485054) [**44. Court Attendance -- Forensic Nurse Examiners 248**](#_Toc46485055) [**45. Court Attendance -- Forensic Nurse (Biological Specimen) 248**](#_Toc46485056) [**46. Reimbursement of Expenses 249**](#_Toc46485057) [Appendix 2 Department of Education and Training 250](#_Ref443469258) [**Part 1 Victorian Curriculum and Assessment Authority 250**](#_Ref443491503) [**1. Definitions 250**](#_Toc46485060) [**2. Stand-by 250**](#_Toc46485061) [Appendix 3 Environment Protection Authority Victoria 252](#_Toc45003963) [**Part 1 Common Provisions 252**](#_Toc46485063) [**1. Definitions 252**](#_Ref443654216) [**2. General 253**](#_Toc46485065) [**3. Arrangements 253**](#_Toc46485066) [**4. Provisions 254**](#_Toc46485067) [**Part 2 After-hours Roles 255**](#_Toc45003981) [**5. Regularly Rostered Stand-by Roles and Allowances 255**](#_Ref443549536) [**6. After-hours Roles Activated and On Emergency Stand-by 260**](#_Ref443549551) [**7. Other Rates, Allowances and Terms 266**](#_Ref45114773) [Appendix 4 Department of Health and Human Services 268](#_Ref443469307) [**Part 1 General 268**](#_Toc46485073) [**1. Annual Leave -- Shift Workers -- Additional Leave -- Optional Payment 268**](#_Toc46485074) [**2. Shift Allowances -- Saturday and Sundays 268**](#_Toc46485075) [**3. Time Recording 268**](#_Toc46485076) [**4. Leave at Half Pay 268**](#_Ref443483422) [**5. Overtime (Child and Dependent Care), Sleepover and Court Allowances 268**](#_Toc46485078) [**6. Stand‑by/ Recall Allowance 270**](#_Toc46485079) [**Part 2 Child Protection 270**](#_Ref443550689) [**7. Application 270**](#_Toc46485081) [**8. Child Protection Practitioner Structure 270**](#_Toc46485082) [**9. Rural After Hours Stand‑By 270**](#_Toc46485083) [**10. Ten Hour Break 271**](#_Ref443483009) [**11. Night Shift Allowance 272**](#_Ref443482219) [**12. Overtime and Additional Leave 272**](#_Ref443483068) [**13. Professional Development Leave 273**](#_Toc46485087) [**14. Reimbursement for Damaged Clothing -- Child Protection Practitioners 274**](#_Toc46485088) [**15. Provision of Protective Clothing -- Streetworks (SOS) Program 274**](#_Toc46485089) [**Part 3 Child Protection Practitioner Structure -- Children, Youth and Families Stream - Non-VPS Aligned Adaptive Structures and Classification Descriptors 275**](#_Toc46485090) [**16. Child Protection Practitioner Structure -- Children, Youth and Families (CYF) Stream 275**](#_Ref45095380) [**17. Child Protection Practitioner - Children, Youth & Families Stream -- Classifications and Standard Descriptors 278**](#_Ref45095397) [**Part 4 Child Protection Practitioner Structure -- Child Protection Practitioner Stream - Non-VPS Aligned Adaptive Structures and Classification Descriptors -- Department of Health and Human Services 287**](#_Ref45103440) [**18. Child Protection Practitioner Structure -- Child Protection Practitioner (CPP) Stream 287**](#_Ref45095413) [**19. Child Protection Practitioner -- Child Protection Stream -- Classifications and Standard Descriptors 289**](#_Ref45095426) [**Part 5 Secure Welfare Programs 297**](#_Ref443550714) [**20. Application 297**](#_Toc46485097) [**21. Overtime 297**](#_Ref443473204) [**22. Secure Welfare Practice Principles 297**](#_Toc46485099) [**23. Training and Consultative Mechanisms 297**](#_Toc45004205) [**24. Provision of Protective Clothing -- Secure Welfare Programs 297**](#_Toc46485101) [**25. Employee Development 298**](#_Toc46485102) [**Part 6 Housing Programs 298**](#_Toc45004225) [**26. Housing Services Officer and Housing Customer Service Officer Structures 298**](#_Ref45095071) [**27. Stand‑By/Recall Allowances for Housing Services Employees 299**](#_Toc46485105) [**28. Provision of Work Clothing -- Housing programs 300**](#_Toc46485106) [**29. Call Centres -- Housing and Community Building Maintenance Call Centres 301**](#_Toc46485107) [**30. Housing Working Party 303**](#_Toc46485108) [**Part 7 Housing Officer / Housing Customer Service Officer -- Classification Descriptors 304**](#_Toc45004338) [**31. Housing Officer / Housing Customer Service Officer -- Classification Descriptors 304**](#_Ref45121447) [**Part 8 Senior Medical Advisors 309**](#_Toc46485111) [**32. Vehicle 309**](#_Toc46485112) [**33. On‑Call Duty Requirement 309**](#_Toc46485113) [**34. Special Leave 309**](#_Toc46485114) [**35. Private Practice 309**](#_Toc46485115) [Appendix 5 Department of Jobs, Precincts and Regions 310](#_Ref443469346) [**1. Operation of this Appendix 310**](#_Toc46485117) [**Part 1 Stand-by, Recall and Related Matters 310**](#_Toc45004348) [**2. Application 310**](#_Toc46485119) [**3. Non-Emergency Stand-By 310**](#_Toc46485120) [**4. Stand‑By on a Vessel 311**](#_Toc46485121) [**5. Recall to Duty 312**](#_Toc46485122) [**6. Camping 312**](#_Ref443300202) [**7. Ocean Going Allowance 313**](#_Toc46485124) [**8. Shipkeeping Allowance 313**](#_Toc46485125) [**9. Diving Allowance 313**](#_Toc46485126) [**10. Farm and Building Security Allowance 314**](#_Toc46485127) [**11. Remote Locations 315**](#_Toc46485128) [**12. Overseas and Interstate Travel 317**](#_Toc46485129) [**13. Overtime 317**](#_Ref443300169) [**Part 2 Emergency Work 319**](#_Ref443550915) [**14. Application 319**](#_Ref45128810) [**15. Retention of classification 320**](#_Toc46485133) [**16. Normal hours of work 320**](#_Toc46485134) [**17. Work period 320**](#_Toc46485135) [**18. Rest period 320**](#_Toc46485136) [**19. Meal interval 321**](#_Toc45004375) [**20. Monday to Friday payment 321**](#_Ref443309996) [**21. Saturday work 321**](#_Toc46485139) [**22. Sunday and Public Holiday work 321**](#_Toc46485140) [**23. Stand‑by 321**](#_Ref443308625) [**24. Callout 323**](#_Ref443309914) [**25. Travelling time 323**](#_Ref443309076) [**26. Resumption of normal duties 323**](#_Toc46485144) [**27. Provision of meals 324**](#_Ref443310888) [**28. Camping facilities 324**](#_Toc46485146) [**29. Footwear and clothing 324**](#_Toc45004397) [**30. Emergency Deployment Allowance 324**](#_Ref443310097) [**31. Emergency Support Allowance 325**](#_Toc46485149) [**32. Incident Management Team Payments 325**](#_Toc45004435) [**33. Payment of Overtime Ceiling 326**](#_Toc46485151) [Appendix 6 Department of Environment, Land, Water and Planning 327](#_Ref443468866) [**Part 1 Emergency Work 327**](#_Ref45122480) [**1. Emergency Work 327**](#_Ref443552517) [**2. Retention of classification 328**](#_Toc46485155) [**3. Fit for Emergency 328**](#_Ref45128917) [**4. Normal hours of work 328**](#_Toc45004471) [**5. Work period 328**](#_Toc46485158) [**6. Rest period 328**](#_Toc46485159) [**7. Meal interval 329**](#_Toc46485160) [**8. Monday to Friday payment 329**](#_Ref443312476) [**9. Saturday work 329**](#_Toc46485162) [**10. Sunday and Public Holiday work 330**](#_Ref443312258) [**11. Stand‑by 330**](#_Ref443312271) [**12. Duty Officer 331**](#_Ref45123145) [**13. Callout 332**](#_Ref443312418) [**14. Travelling time 333**](#_Toc46485167) [**15. Resumption of normal duties 333**](#_Toc46485168) [**16. Rest periods for deployments between emergency duties 334**](#_Toc46485169) [**17. Provision of meals 334**](#_Ref45123672) [**18. Emergency Field Allowance 335**](#_Ref443312492) [**19. Emergency Support Allowance 336**](#_Ref45123519) [**20. Incident Management Team Responsibility Payments 336**](#_Ref443468844) [**21. Payment of Overtime Ceiling 339**](#_Toc46485174) [**22. Definitions 339**](#_Ref45128936) [**23. Rosters 340**](#_Toc46485176) [**24. Financial Support for Personal Injuries 341**](#_Ref45122515) [**25. Additional superannuation for Employees engaged in fire management and fire response 342**](#_Toc46485178) [**26. Fatigue Management Leave 343**](#_Ref45122702) [**27. Night duty allowance 345**](#_Toc46485180) [**Part 2 Overtime 345**](#_Ref443552716) [**28. Overtime 345**](#_Toc46485182) [**Part 3 Allowances 346**](#_Toc443562812) [**29. Camping Allowance 346**](#_Toc46485184) [**30. Non-Emergency Stand-by 347**](#_Toc46485185) [**31. Remote Locations 348**](#_Toc46485186) [**32. Overseas and Interstate Allowance 350**](#_Toc46485187) [**Part 4 Customer Service Centre 350**](#_Toc443562813) [**33. CSC Work Environment 350**](#_Toc46485189) [**34. CSC Practice Principles 350**](#_Toc46485190) [**35. Training and Development 350**](#_Toc46485191) [Appendix 7 Ministerial Transport Officers 351](#_Ref443469071) [**1. Application 351**](#_Toc46485193) [**Part 1 Ministerial Transport Officers 351**](#_Toc46485194) [**2. Ministerial Transport Officers Structure 351**](#_Toc46485195) [**3. Hours of Work and Overtime 351**](#_Toc46485196) [**4. Additional Overtime 352**](#_Toc46485197) [**5. Maximum Daily Hours and Minimum Rest Period 354**](#_Toc46485198) [**6. Review of Working Arrangements for Ministerial Transport Officers 355**](#_Toc46485199) [**7. Allowances and Expenses 355**](#_Toc45004523) [**8. Drivers Licenses -- Proof of Currency 359**](#_Toc46485201) [**9. Assisting with Pool Duties 359**](#_Toc46485202) [**10. Compliance with Road Laws 359**](#_Toc46485203) [**11. Use of Ministerial Vehicles 360**](#_Toc46485204) [**Part 2 Non-VPS Aligned Adaptive Structure and Classification Descriptors -- Ministerial Transport Officers 360**](#_Ref45124161) [**12. Annualised Salary Arrangements for Ministerial Transport Officers 360**](#_Ref45095940) [Appendix 8 Victoria Police 363](#_Toc45004532) [**Part 1 General 363**](#_Toc443562816) [**1. Allowances 363**](#_Ref443472677) [**2. Commuted Allowance 363**](#_Toc46485210) [**Part 2 Forensic Officers 363**](#_Toc443562817) [**3. Forensic Officer Structure 363**](#_Toc46485212) [**4. Recall Provisions 363**](#_Toc46485213) [**5. Training 364**](#_Toc46485214) [**Part 3 Forensic Officers - Non-VPS Aligned Adaptive Classification Structures and Descriptors -- Victoria Police 365**](#_Ref45124856) [**6. Forensic Officer Structure 365**](#_Ref45095900) [**7. Forensic Officer Work Level Descriptors 367**](#_Ref45095908) [**Part 4 Property Officers 374**](#_Toc443562818) [**8. Uniform 374**](#_Toc46485219) [**Part 5 Police Custody Officers 375**](#_Toc443562819) [**9. General 375**](#_Toc46485221) [**10. Appointment and Salary 375**](#_Toc46485222) [**11. Hours of Work 375**](#_Toc46485223) [**12. Uniform 376**](#_Toc46485224) [**Part 6 Police Custody Officer VPS Aligned Classification Structure and Classification Descriptors -- Victoria Police 376**](#_Ref45125365) [**13. Police Custody Officer Structure 376**](#_Ref45095251) [**14. Police Custody Officer Descriptors 377**](#_Ref45125391) [**Part 7 Police Custody Officers -- Classification Descriptors 378**](#_Ref443472140) [**15. Police Custody Officer Classification Descriptors 378**](#_Ref45125464) [Appendix 9 Commercial Passenger Vehicles Victoria 381](#_Ref45039276) [**1. Application 381**](#_Toc46485231) [**2. Court Appearances 381**](#_Toc46485232) [**3. Non‑Emergency Stand‑By 381**](#_Toc46485233) [Appendix 10 Independent Broad-based Anti-corruption Commission 383](#_Ref443472153) [**Part 1 Surveillance, Investigators, Intelligence Analysts and Senior Forensic Accountants 383**](#_Ref45125950) [**1. Introduction 383**](#_Toc46485236) [**2. Eligible Employees 383**](#_Toc45004565) [**3. Composite Allowance 384**](#_Toc46485238) [**4. Ordinary Hours of Work for Eligible Surveillance Officers 385**](#_Ref45126013) [**5. Work Arrangements 385**](#_Ref45126042) [**6. Election of Composite Allowance 386**](#_Toc46485241) [**7. Payment of Composite Allowance 386**](#_Ref45126341) [**8. Ending the Composite Allowance 387**](#_Ref45126230) [**9. Overtime and TOIL 388**](#_Toc45004575) [**10. Stand-by 388**](#_Toc46485245) [**11. Record and Review of Hours Worked 389**](#_Ref45126385) [**12. Rostering Principles 389**](#_Toc46485247) [**Part 2 Supplementary Terms and Conditions of Employment for Operational Employees 389**](#_Toc45004604) [**13. Introduction and Application 389**](#_Toc46485249) [**14. Operational Stand‑by Allowance 390**](#_Toc45004656) [**15. Payment of Overtime 391**](#_Toc215299051) [**16. Hours of Work Outside the Span of Hours (Not Overtime) 392**](#_Toc215299052) [**17. TOIL 392**](#_Toc46485253) [**18. Approval process 393**](#_Toc215299054) [Appendix 11 Court Services Victoria 394](#_Ref443472182) [**1. Introduction and Application 394**](#_Toc46485256) [**2. Court Registrars Structure 394**](#_Ref45095137) [**3. Supreme Court of Victoria Tipstaves and Associates Additional Leave Arrangements 395**](#_Toc46485258) [**4. County Court of Victoria Tipstaves and Associates Additional Leave Arrangements 395**](#_Toc46485259) [**5. Circuit Court Allowance 395**](#_Ref443316266) [**6. County Court Uniform Provisions 396**](#_Toc46485261) [Appendix 12 Office of the Governor 398](#_Ref443472198) [**1. Commuted Overtime Allowance 398**](#_Toc46485263) [**2. Uniforms 398**](#_Toc45004671) [**3. Allowances and Expenses -- Transport Officers/Drivers 401**](#_Toc46485265) [Appendix 13 Victorian Commission for Gambling and Liquor Regulation 403](#_Ref443472213) [**1. Application 403**](#_Toc46485267) [**2. Restraint Of Trade Allowance 403**](#_Toc46485268) [**3. Inspectorial Shift, Roster and Allowance Arrangements 403**](#_Ref443316591) [Appendix 14 Game Management Authority 406](#_Ref443472235) [**1. Application 406**](#_Toc46485271) [**2. Non‑Emergency Stand‑By/Recall 406**](#_Toc46485272) [**3. Recall to Duty 406**](#_Toc46485273) [**4. Camping 407**](#_Toc46485274) [**5. Remote Locations 407**](#_Toc46485275) [**6. Overseas and Interstate Travel 409**](#_Toc46485276) [**7. Emergency Work 410**](#_Ref443317069) [**8. Overtime 410**](#_Ref443316933) [Appendix 15 Victorian Fisheries Authority 412](#_Ref45039381) [**1. Operation of this Appendix 412**](#_Toc46485280) [**Part 1 Stand-by, Recall and Related Matters 412**](#_Ref45128216) [**2. Non-Emergency Stand-By 412**](#_Toc46485282) [**3. Stand‑By on a Vessel 413**](#_Toc46485283) [**4. Recall to Duty 413**](#_Toc46485284) [**5. Duty Officers 414**](#_Toc46485285) [**6. Camping 414**](#_Ref45128251) [**7. Ocean Going Allowance 415**](#_Toc46485287) [**8. Shipkeeping Allowance 416**](#_Toc46485288) [**9. Diving Allowance 416**](#_Toc46485289) [**10. Remote Location 417**](#_Toc46485290) [**11. Overseas and Interstate Travel 418**](#_Toc46485291) [**12. Overtime 418**](#_Ref45128097) [**Part 2 Emergency Work 419**](#_Ref45128014) [**13. Emergency Work 419**](#_Toc46485294) [**Part 3 Fisheries Officers Matters 420**](#_Ref45129006) [**14. Application 420**](#_Toc46485296) [**15. Paid Rest Period for Compliance Work 420**](#_Toc46485297) [**16. Replacement of Damaged Clothing -- Fisheries Officers 420**](#_Toc46485298) [**17. Shift Work 420**](#_Ref45040432) [**18. Marine Qualification Allowance 421**](#_Toc46485300) [**Part 4 Fisheries Officer Structure --VPS Aligned Adaptive Structures -- Victorian Fisheries Authority 421**](#_Ref45128049) [**19. Fisheries Officer Structure 421**](#_Ref45095182) [Appendix 16 Department of Transport and Major Transport Infrastructure Authority 423](#_Ref45006809) [**1. Arrangements 423**](#_Toc46485304) [**2. Professional Engineers Registration 423**](#_Toc46485305) [**3. Emergency Management 423**](#_Toc46485306) [Signatories 424](#_Toc443562784) []{#_Toc443562770.anchor}Section I -- Core Terms and Conditions of Employment 1. []{#_Toc443562771.anchor}Application and Operation of Agreement 1. []{#_Toc46484892.anchor}Title This Agreement will be known as the *Victorian Public Service Enterprise Agreement 2020*. 2. []{#_Ref442191045.anchor}Definitions and interpretation In this document, unless the contrary intention appears: **Accredited Representative of the Union** means an officer or employee of the Union or a workplace delegate accredited by an authorised officer of the Union **Agency** means a Public Service Body under the *Public Administration Act 2004* (Vic), or an office or authority for which an office holder has been designated to have the functions of a public service body head under that Act, or designated under another Act **Agreement** means the *Victorian Public Service Enterprise Agreement 2020* **Child** unless otherwise defined **means**: a. someone who is child of the Employee within the meaning of the *Family Law Act 1975* (Cth), and b. an adopted child or step-child of the person. It doesn't matter whether the child is an adult. **CPSU means the Community and Public Sector Union** **De Facto Partner means:** c. a person who, although not legally married to the Employee, lives with the Employee in a relationship as a couple on a genuine domestic basis (whether the Employee and the person are of the same sex or different sexes); and d. includes a former De Facto Partner of the Employee. ***Employee means an Employee of the Crown employed pursuant to Division 4 of Part 3 or Division 3 of Part 6 of the PAA other than an Employee described in (a) to (g) below. To avoid doubt, an Act other than the PAA may prescribe that an Employee is employed pursuant to Division 4 Part 3 or Division 3 Part 6 of the PAA.*** a. An Employee eligible to be a member of the CPSU who is employed under the *Education and Training Reform Act 2006* (Vic). e. An Employee eligible to be a member of the Health Services Union. f. An Employee eligible to be a member of the CPSU who is employed pursuant to the *Emergency Services Superannuation Act 1986* (Vic). g. An Employee eligible to be a member of the Australian Nursing and Midwifery Federation or the CPSU who is employed as a nursing professional in a position requiring mandatory qualifications within the Maternal and Child Health Line (or any successor functional area); h. A locally engaged Employee in an overseas office/work location. i. A Principal Scientist, a Senior Medical Adviser or a Senior Regulatory Analyst in respect of **clause** **26,** **27,** **29 and** **30** but not otherwise. j. An Employee eligible to be a member of the Australian Workers' Union. i. whose terms and conditions are determined by reference to the *Field Staff Agreement 2012*, or any successor to this agreement, or ii. employed as a Wild Dog Controller, or iii. employed in a Roads Occupation. b. a Spouse, De Facto Partner, Child, parent, grandparent, grandchild or sibling of the Employee; or c. a Child, parent, grandparent, grandchild or sibling of a spouse or De Facto Partner of the Employee. 3. 1. 2. k. Salary increases as provided for in **clause** **30** (Salary Increases), with the first increase payable with effect from 20 March 2020; and l. increases to allowances, with the first increase payable with effect from 20 March 2020. 3. 4. 5. m. With the aim of avoiding protracted negotiations for a new agreement, the CPSU and the State of Victoria agree to a renegotiation period. The renegotiation period will be from 20 September 2023 until 20 February 2024. The aim of the renegotiation period is to permit a new agreement to be reached prior the nominal expiry date of this Agreement. n. To meet this objective, the CPSU and the State of Victoria agree that: iv. each will provide any proposals for change to the Agreement by 20 September 2023; and v. they will meet regularly to progress negotiations in good faith. Small working groups may be established to examine particular areas of disagreement; and vi. the person/s responsible for negotiating will bring with them the necessary authority to finalise an agreement; and vii. if agreement is not reached by 20 December 2023, the parties will discuss whether they should seek the assistance of a mutually agreed conciliator or the FWC. This does not prevent the parties seeking assistance, by agreement, on any individual issue which is creating an impasse; and viii. should conciliation be sought, then the Parties to the conciliation may agree to an extension to the renegotiation period. o. During this period the CPSU and the State of Victoria will not act in a manner that is designed to frustrate good faith bargaining. 4. []{#_Ref301953721.anchor}Application of Agreement and Parties Covered 6. p. the State of Victoria in respect of all Employees (as defined in **clause** **2 -** Definitions and interpretation); and q. all Employees whose employment is, at any time when this Agreement is in operation, subject to this Agreement; and r. the CPSU. 7. 8. Agency‑specific arrangements are provided for in **Section II -** **Agency Specific Arrangements (Appendix 1 to** **Appendix 16)** of this Agreement. These Agency‑specific arrangements are read in conjunction with **Section I**. Where the Agency‑specific arrangements make different provision to **Section** **I**, the Agency‑specific arrangements override **Section I** to the extent of the difference. 9. s. The Parties agree the VPS Agreement Monitoring Committee (VPS AMC) established under the *Victorian Public Service Enterprise Agreement 2016* (2016 Agreement) will continue during the life of the Agreement to deal with issues arising from the implementation of the Agreement. t. The VPS AMC will ensure that the common Human Resources policies implemented in the life of the 2016 agreement are reviewed and updated within 12 months of this Agreement coming into effect. u. The VPS AMC will comprise representatives nominated by the CPSU and the Employer. The Parties may establish working groups to deal with particular matters. 5. []{#_Toc45003680.anchor}No Further Claims 10. 11. 6. []{#_Toc46484897.anchor}Savings Provisions and Relationship with other Awards and Agreements 12. 13. 14. 15. 16. v. Transitional arrangements apply to several entitlements in the Agreement, including: ix. Performance Development and Progression within a Value Range (**Clause** **29**), and x. Employer contributions in respect of Primary Caregiver Parental Leave (**Clause** **37.5**), and xi. Shift Work (**Clause** **39**), and xii. Rest and Meal Breaks (**Clause** **40**), and xiii. Overtime (**Clause** **41**), and xiv. Personal/Carers Leave (**Clause** **51**), and xv. Parental Leave (**Clause** **55**), and xvi. Surrogacy Leave (**Clause** **56**). w. A transitional arrangement may require the continued application of provisions in the *Victorian Public Service Enterprise Agreement 2016* for a short period of time. The continued application of previous arrangements is set out in the relevant clause and will apply as a term of this Agreement for the period of the transitional arrangement. 17. The Extended Leave Scheme in clause 55 of the *Victorian Public Service Enterprise Agreement 2016* (2016 Agreement) was closed to new applications on 30 September 2016. Arrangements entered into prior to 30 September 2016 will continue to operate in accordance with Clause 55.2 of the 2016 Agreement. 7. []{#_Toc46484898.anchor}Anti‑Discrimination and Workplace Diversity 18. 19. 20. 21. x. any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti‑discrimination legislation; or y. an Employee, Employer or Union pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Australian Human Rights Commission; or z. the exceptions in section 351(2) and 772(2) of the FW Act or the operation of sections 772(3) and 772(4) of the FW Act. 22. a. the *Equal Opportunity Act 2010* (Vic), and b. the Victorian Charter of Human Rights and Responsibilities and c. the *Gender Equality Act 2020* (Vic). These obligations apply to the Employer but do not form part of the Agreement. 2. []{#_Toc46484899.anchor}Flexible Work 8. []{#_Ref45006831.anchor}Flexible Work 23. 24. 25. +-----------------------+-----------------------+-----------------------+ | Clause | Title | Summary of | | | | entitlement | | | | | | | | (see clause for full | | | | entitlement and any | | | | conditions) | +=======================+=======================+=======================+ | 9 | Individual | An IFA may vary the | | | Flexibility | effect of **clause** | | | Arrangement (IFA) | **38** (Hours of | | | | Work); and **clause** | | | | **39** (Shift Work) | +-----------------------+-----------------------+-----------------------+ | 10 | Right to Request | Under s65 of the FW | | | Flexible Working | Act Employees in | | | Arrangements | circumstances as | | | | defined in the | | | | legislation may | | | | request flexible | | | | working arrangements | +-----------------------+-----------------------+-----------------------+ | 18.4 | Part-Time Employment | Part time employment | | | | may be worked by | | | | agreement between the | | | | Employee and the | | | | Employer | +-----------------------+-----------------------+-----------------------+ | 22 | Working from Home | An individual | | | | Employee and Employer | | | | may agree to work | | | | from home on a case | | | | by case basis. | +-----------------------+-----------------------+-----------------------+ | 38 | Hours of Work | An Employee (other | | | | than a Shift Worker) | | | | can agree with the | | | | Employer to work | | | | their ordinary hours | | | | flexibly, within the | | | | span of hours, to | | | | best meet the | | | | Employer's work | | | | requirements and the | | | | Employee's personal | | | | and/or family | | | | circumstances. This | | | | may include, for | | | | example, working | | | | compressed hours. | +-----------------------+-----------------------+-----------------------+ | 47 | Purchased Leave | An Employee and | | | | Employer may agree to | | | | work less than 52 | | | | weeks per year to | | | | increase the amount | | | | of leave available | +-----------------------+-----------------------+-----------------------+ | 52 | Family Violence Leave | An Employee | | | | experiencing family | | | | violence has an | | | | entitlement to | | | | additional leave and | | | | may request flexible | | | | work arrangements | +-----------------------+-----------------------+-----------------------+ | 55 | Parental Leave | An Employee returning | | | | to work after | | | | parental leave has a | | | | right to request a | | | | reduced time fraction | | | | until their Child | | | | reaches school age, | | | | or alternatively may | | | | request an extension | | | | of unpaid parental | | | | leave | +-----------------------+-----------------------+-----------------------+ 9. []{#_Ref45006819.anchor}Individual Flexibility Arrangements 26. 27. 28. 29. d. are about permitted matters under section 172 of the FW Act; and e. are not unlawful terms under section 194 of the FW Act; and f. result in the Employee being better off overall than the Employee would be if no arrangement was made. 30. 31. 32. g. which terms of this Agreement will be affected or varied by the individual flexibility arrangement; and h. how the individual flexibility arrangement will vary or affect the terms of this Agreement; and i. how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the individual flexibility arrangement; and j. the day on which the individual flexibility arrangement commences; and k. provides for the individual flexibility arrangement to be terminated: xvii. by either the Employee or Employer giving a specific period of written notice, with the specified period being not more than 28 days; and xviii. at any time by written agreement between the Employee and Employer. 10. []{#_Ref442191562.anchor}Flexible Working Arrangements -- Specific Circumstances 33. l. the Employee is the parent, or has responsibility for the care, of a Child who is of school age or younger; or m. the Employee is a carer (within the meaning of the *Carer Recognition Act 2010*); or n. the Employee has a disability; or o. the Employee is 55 or older; or p. the Employee is experiencing violence from a member of the Employee's family; or q. the Employee provides 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 the member is experiencing violence from the member's family. **Note**: Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work. 34. r. is a parent, or has responsibility for the care, of a Child; and s. is returning to work after taking leave in relation to the birth or adoption of the Child; 35. xix. is a Long Term Casual Employee of the Employer immediately before making the request; and xx. has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. 36. 37. t. the needs of the Employee arising from their circumstances; and u. the consequences for the Employee if changes in working arrangements are not made; and v. any reasonable business grounds for refusing the request. 38. 39. 40. w. that the new working arrangements requested by the Employee would be too costly for the Employer; or x. that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; or y. that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; or z. that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; or a. that the new working arrangements requested by the employee would be likely to have a significant negative impact on customer service. 41. b. details of the reasons for the refusal, including the business grounds or ground for the refusal and how the ground or grounds apply, and c. whether or not there are any changes in working arrangements that the Employer can offer the employee so as to better accommodate the Employee's circumstances; and d. if the Employer can offer the employee such changes in working arrangements, set out those changes in working arrangements. 42. 3. []{#_Toc443562772.anchor}Communication, Consultation and Dispute Resolution 11. []{#_Ref443403138.anchor}Implementation of Change 43. e. the relevant Employees and the relevant Union covered by this Agreement of the proposed change as soon as practicable after the proposal has been made; and f. the relevant Employees and the relevant Union covered by this Agreement of the likely effects on the Employees' working conditions and responsibilities; and g. of the rationale and intended benefits of any change, including improvements to productivity, if applicable. 44. h. the termination of the employment of Employees; or i. major change to the composition, operation or size of the Employer's workforce or to the skills required of Employees; or j. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or k. the alteration of hours of work; or l. the need to retrain Employees; or m. the need to relocate Employees to another workplace; or n. the restructuring of jobs. 45. 46. 47. o. regularly consult with Relevant Employees and the relevant Union covered by this Agreement; and p. give prompt consideration to matters raised by the Employees or the Employees relevant Union covered by this Agreement; and q. if appropriate provide training for the Employees to assist them to integrate successfully into the new structure. 48. r. Such alternative proposals must be submitted in a timely manner so as not to lead to an unreasonable delay in the introduction of any contemplated change. s. If such a proposal is made the Employer must give considered reasons to the affected Employees and the relevant Union covered by this Agreement if the Employer does not accept its proposals. t. Indicative reasonable timeframes are set out below. The steps, timeframes, and the extent of consultation in each case will: xxi. be commensurate with the scale of the proposed major change and the likely significant effect for Employees, and xxii. take account of the Parties' agreement in **clause** **15** (Mobility Principles) that the principles of workforce mobility will be operationalised over the life of the Agreement through a range of changed practices, modes of work and service delivery. **Step in process** **Number of working days in which to perform each step** ------------------------------------------------------------------------------------------------- ---------------------------------------------------------- Employer advises Employees and relevant Union covered by this Agreement Response from Employees or the relevant Union covered by this Agreement 5 days following receipt of written advice from Employer Meeting convened (if requested) 5 days following request for meeting Further Employer response (if relevant) 5 days following meeting Alternative proposal from Employees or relevant Union covered by this Agreement (if applicable) 10 days following receipt of Employer response Employer response to any alternative proposal 10 days following receipt of alternative proposal 49. 12. Consultation on Changes to Rosters or Hours of Work 50. 51. 52. 53. u. a Relevant Employee appoints, or Relevant employees appoint, a representative, which may include CPSU, for the purposes of consultation; and v. the Employee or Employees advise the Employer of the identity of the representative. 54. w. discuss with the Relevant Employees the introduction of the change; and x. for the purposes of the discussion---provide to the Relevant Employees: xxiii. all relevant information about the change, including the nature of the change; and xxiv. information about what the Employer reasonably believes will be the effects of the change on the Employees; and xxv. information about any other matters that the Employer reasonably believes are likely to affect the Employees; and y. invite the Relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 55. 56. 57. 58. 59. 13. []{#_Ref301953866.anchor}Resolution of Disputes 60. 61. 62. 63. 64. 65. z. The parties to the dispute and their representatives must genuinely attempt to resolve the dispute through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously. a. While a dispute is being dealt with in accordance with this clause, work must continue in accordance with usual practice, provided that this does not apply to an Employee who has a reasonable concern about an imminent risk to their health or safety, has advised the Employer of this concern and has not unreasonably failed to comply with a direction by the Employer to perform other available work that is safe and appropriate for the Employee to perform. b. No person covered by this Agreement will be prejudiced as to the final settlement of the dispute by the continuance of work in accordance with this clause. 66. c. For the purposes of compliance with this Agreement (including compliance with this dispute settlement procedure) if the chosen Employee representative is another Employee of the Employer, they must be released by the Employer from normal duties for such periods of time as may be reasonably necessary to enable them to represent Employees concerning matters pertaining to the employment relationship including but not limited to: xxvi. investigating the circumstances of a dispute or an alleged breach of this Agreement; or xxvii. endeavouring to resolve a dispute arising out of the operation of this Agreement; or xxviii. participating in conciliation, arbitration or any other agreed alternative dispute resolution process. d. The release from normal duties referred to in this clause is subject to the proviso that it does not unduly affect the operations of the Employer. 67. e. The dispute must first be discussed by the aggrieved Employee(s) with the immediate supervisor of the Employee(s). f. If the dispute is not settled, the aggrieved Employee(s) can require that the dispute be discussed with another representative of the Employer appointed for the purposes of this procedure. 68. g. If any party to the dispute who is covered by this Agreement refers the dispute to an established internal dispute resolution process, the matter must first be dealt with according to that process, provided that the process is conducted as expeditiously as possible and: xxix. is consistent with the rules of natural justice; and xxx. provides for mediation or conciliation of the dispute; and xxxi. provides that the Employer will take into consideration any views on who should conduct the review; and xxxii. is conducted with as little formality as a proper consideration of the dispute allows. h. If the dispute is not settled through an internal dispute resolution process, the matter can be dealt with in accordance with the processes set out below. i. If the matter is not settled either party to the dispute may apply to the FWC to have the dispute dealt with by conciliation. 69. j. The Parties acknowledge that disputes of a collective character concerning more than one Employee may be dealt with more expeditiously by an early reference to the FWC. k. No dispute of a collective character may be referred to the FWC directly unless there has been a genuine attempt to resolve the dispute at the workplace level prior to it being referred to the FWC. 70. l. Where a dispute is referred for conciliation, a member of the FWC will do everything that appears to the member to be right and proper to assist the parties to the dispute to agree on settlement terms. m. This may include arranging: xxxiii. conferences of the parties to the dispute presided over by the member; and xxxiv. for the parties to the dispute to confer among themselves at conferences at which the member is not present. n. Conciliation before the FWC will be regarded as completed when: xxxv. the parties to the dispute have reached agreement on the settlement of the dispute; or xxxvi. the member of the FWC conducting the conciliation has, either of their own motion or after an application by a party to the dispute, satisfied themselves that there is no likelihood that, within a reasonable period, further conciliation will result in a settlement; or xxxvii. the parties to the dispute have informed the FWC member that there is no likelihood of agreement on the settlement of the dispute and the member does not have substantial reason to refuse to regard the conciliation proceedings as completed. 71. o. If the dispute has not been settled when conciliation has been completed, a party to the dispute may request that the FWC proceed to determine the dispute by arbitration. p. If a member of the FWC has exercised conciliation powers in relation to the dispute, the member must not exercise, or take part in the exercise of, arbitration powers in relation to the dispute if a party to the dispute objects to the member doing so. q. Subject to **clause** **13.12(d)**, the determination of the FWC is binding on the persons covered by this Agreement. r. A determination of a single member of the FWC made pursuant to this clause may, with the permission of a Full Bench of the FWC, be appealed. 72. 14. []{#_Ref45006833.anchor}Workload 73. 74. 75. 76. 77. 78. 79. 4. []{#_Ref443318731.anchor}Employment Relationship and Related Arrangements 15. []{#_Ref45006829.anchor}Mobility Principles 80. s. The work required of a modern career public service is not static but always changing, due to factors such as new government priorities, population growth, the pace and scale of technological advancement, changing community service delivery expectations and the need to respond to evolving complex public policy problems or crises. t. Embracing these changing priorities is essential to providing secure, flexible employment in the public service. Within the framework of secure employment (**clause** **17**) and flexibility (**clause** **8**), the Parties acknowledge the importance of ensuring that VPS Employees can be responsively deployed to support changing government priorities. u. Victoria's public service is a professional public service and is a career path of choice. VPS employment careers can go beyond a fixed role with a specific Employer in a single location. VPS Employees are encouraged to gain relevant, diverse and evolving skills and experience across the public service, appropriate for facilitating delivery of government's priorities as they change over time. 81. v. Better matching Employee skills and capabilities to vacant roles in the VPS, such as through the Jobs and Skills Exchange, and w. Reduction of operational and mobility barriers between public service Employers, and x. Facilitation of greater mobility, including through 'job pools' for identified functions, the development of job families and a more advanced approach to linking skill development, career aspirations and job demand trends, and y. Development and implementation of a capability framework to facilitate better matching of Employee capabilities to operational need, and z. A model where ongoing Employees are deployed to priority projects or programs across the VPS based on their core skills and capabilities, rather than being limited to a specific function in a specific area, and a. Interdisciplinary project teams or joint ventures, which change in size and composition over time, with shared resources and/or reporting lines outside traditional hierarchical structures or across departmental boundaries, and b. Joined up, client-focused delivery of multiple services with shared or complimentary outcomes presently provided by distinct operational areas, and c. Development of generalist capability to allow strategic deployment of VPS employees across functional areas with common or universal skill sets, and d. A better approach to secondments, and enhanced promotion of and opportunities for secondments, job shares and other reprioritisation of skills to ensure the right expertise informs policy and strategy development, and e. Building of specialist skills through targeted professional development in growing sectors, and f. Development of communities of practice or networks to better deliver services. 82. g. The Employer will not require an Employee to physically relocate beyond agreed areas without appropriate consultation and supports as provided for in **Clause** **19** (Usual Place or Places of Work), and h. The Employer will designate a line manager for personal development, wellbeing, performance assessment and related support. An Employee may report to a number of different managers for projects or work activities. The line manager may consult with the Employee's different project or work activity managers in assessing an Employee's performance. The designated line manager will ensure an Employee's reporting arrangements are clear, and i. **Clause** **14** -- Workload applies in respect of workforce mobility measures, and j. An Eligible Employee's participation in workforce mobility measures will be regarded favourably and not place that Employee at a disadvantage for the purposes of performance development and progression at **Clause** **29** (Performance Development and Progression within a Value Range), and k. The Employer will at all times apply the appropriate classification level, and where applicable, higher duties allowance, to work performed by an Employee, and l. The Employer will comply with its obligations under the Agreement (see **clauses** **8** -- **10**) and section 65 of the FW Act regarding flexible work arrangements and will ensure that an Employee's need for flexible work arrangements is taken into account in implementing mobility measures, and m. The Employer will comply with its obligations under the Agreement and the *Occupational Health and Safety Act 2004* (Vic) when implementing mobility measures, and n. Mobility measures will not disadvantage an Employee in their terms and conditions of employment, 16. []{#_Toc46484910.anchor}Mobility Payment 83. o. in recognition of the Parties commitment to the mobility principles outlined in **clause** **15** (Mobility Principles) of the Agreement, and p. in recognition of the fact that the work required of a modern career public service is not static but always changing, and q. to acknowledge Employees are committed to ensuring they can be responsively deployed to support changing government priorities, and r. to encourage Employees to gain relevant, diverse and evolving skills and experience across the public service to support their capability and career development. 84. 85. s. VPS Classification -- **Table 1** t. VPS Aligned Classifications - **Table 2** sets out the alignment of payments in **Table 1**. xxxviii. Legal Officer xxxix. Allied Health xl. Science xli. Housing Services Officer xlii. Housing Customer Services Officer xliii. Custodial Officers xliv. Sheriff's Officer xlv. Community Corrections Officer xlvi. Fisheries Officer xlvii. Court Registrar xlviii. Police Custody Officer 86. xlix. Child Protection Practitioner Structure -- Child Protection Practitioner Stream l. Youth Justice, 87. li. **Table 4** Child Protection Practitioner Structure -- Children, Youth and Families Stream, lii. **Table 5** Forensic Officers. liii. **Table 6** Ministerial Transport Officers Table 1: VPS Classification **Grade** **Value Range** **1 July 2020** **1 July 2021** **1 July 2022** **1 July 2023** ----------- ----------------- ----------------- ----------------- ----------------- ----------------- VPS 1 1.1 \$642 \$655 \$668 \$682 VPS 2 2.1 \$757 \$772 \$788 \$803 2.2 \$851 \$868 \$886 \$903 VPS 3 3.1 \$963 \$982 \$1,002 \$1,022 3.2 \$1,056 \$1,077 \$1,099 \$1,121 VPS 4 4.1 \$1,222 \$1,246 \$1,271 \$1,297 VPS 5 5.1 \$1,373 \$1,400 \$1,428 \$1,457 5.2 \$1,503 \$1,533 \$1,564 \$1,595 VPS 6 6.1 \$1,781 \$1,817 \$1,854 \$1,891 6.2 \$2,039 \$2,080 \$2,122 \$2,165 VPS 7 7.1 \$2,318 \$2,365 \$2,412 \$2,461 7.2 \$2,566 \$2,618 \$2,671 \$2,724 7.3 \$2,815 \$2,871 \$2,929 \$2,988 **Table** **2: VPS Aligned Classifications** **Classification** **Grade** **VPS Value Range Payment (refer Table 1)** ----------------------------------- ---------------------------------------------------------------------- --------------------------------------------- Legal Officer Articled clerk 2.1 Solicitor 1 2.2 Solicitor 2 VR 1 3.1 Solicitor 2 VR 2 3.2 Solicitor 3 4.1 Senior Solicitor VR 1 5.1 Senior Solicitor VR 2 5.2 Principal Solicitor VR 1 6.1 Principal Solicitor VR 2 6.2 Allied Health Allied Health 1 2.1 Allied Health 2 VR 1 2.2 Allied Health 2 VR 2 3.1 Allied Health 2 VR 3 3.2 Allied Health 3 4.1 Allied Health 4 VR 1 5.1 Allied Health 4 V 2 5.2 Science Science A VR 1 2.2 Science A VR 2 3.1 Science A VR 3 3.2 Science B 4.1 Science C VR 1 5.1 Science C VR 2 5.2 Science D VR 1 6.1 Science D VR 2 6.2 Housing Services Officer Housing Services Officer 1 2.2 Housing Services Officer 2 VR 1 3.1 Housing Services Officer 2 VR 2 3.2 Housing Services Officer 3 4.1 Housing Customer Services Officer Housing Customer Services Officer - Unqualified 2.1 Housing Customer Services Officer -- Qualified 1 2.1 Housing Customer Services Officer -- Qualified 2 2.2 Custodial Officers COG 1 - Trainee 1 COG 2A -- Prison Officer C2a S01 to S08 2.1 COG 2A -- Prison Officer C2a S09 to S15 2.2 COG 2B -- Senior Prison Officer/Industry Officer C2b S01 to S06 3.1 COG 2B -- Senior Prison Officer/Industry Officer C2b S07 to S08 3.2 COG 3 -- Prison Supervisor/Industry Supervisor C3 S01 to SO3 3.2 COG 3 -- Prison Supervisor/Industry Supervisor C3 S04 to SO5 4.1 COG 4 -- Operations Manager/Industry Manager C4 S01 to S05 4.1 COG 4 -- Operations Manager/Industry Manager C4 -- SU VPS5.1 aligned 5.1 COG 5 -- General Manager VPS5.2 aligned 5.2 COG 5 -- General Manager VPS6.1 aligned 6.1 COG 6 -- Senior General Manager 6.2 COG 7 -- Senior General Manager -- Major Prison Facilities. C7 SL 7.1 COG 7 -- Senior General Manager -- Major Prison Facilities. C7 SM 7.2 COG 7 -- Senior General Manager -- Major Prison Facilities. C7 SU 7.3 Sheriff's Officer Sheriff's Officer Trainee 2.1 Sheriff's Officer 2.2 Senior Sheriff's Officer VPS 3.1.1 to 3.1.6 3.1 Senior Sheriff's Officer VPS 3.2.1 to 3.2.5 3.2 Supervisor 4.1 Regional Manager (Sheriff's Operations) 5.1 Regional Manager (Sheriff's Operations) (Metro Regions) 5.2 Deputy Sheriff 6.2 Community Corrections Officer CCP Level 1 2.2 CCP Level 2 3.1 CCP Level 3 3.2 CCP Level 4 4.1 CPP Level 5 -- VPS5.1 5.1 CPP Level 5 -- VPS5.2 5.2 CPP Level 6 -- VPS6.1 6.1 CPP Level 6 -- VPS6.2 6.2 Fisheries Officer Fisheries Officer 1 - Trainee 2.1 Fisheries Officer 2 2.2 Fisheries Officer 3 VR 1 3.1 Fisheries Officer 3 VR 2 3.2 Senior Fisheries Officer 4.1 Regional Supervisor Fisheries Officer VR 1 5.1 Regional Supervisor Fisheries Officer VR 2 5.2 Fisheries Manager VR 1 6,1 Fisheries Manager VR 2 6.2 Court Registrar Entry 2.1 Stage 1 completion 2.1 Stage 2 completion 2.1 Deputy Registrar 2.2 Police Custody Officer PCO1 -- Trainee 1 PCO2 - Police Custody Officer -- VPS 2.1.1 to 2.1.8 2.1 PCO2 - Police Custody Officer -- VPS 2.2.1 to 2.2.7 2.2 PCO3 - Police Custody Supervisor -- VPS 3.1.1 to 3.1.6 3.1 PCO3 - Police Custody Supervisor -- VPS 3.2.1 to 3.2.5 3.2 **Table** **3: VPS Non-Aligned Classifications** **Classification** **Grade** **Equivalent VPS Value Range Payment (Table 1)** --------------------------------------------------- --------------------------------------------- -------------------------------------------------- Child Protection -- Child Protection Practitioner Child Protection Practitioner CPP2.1 to 2.3 2.1 Child Protection Practitioner CPP2.4 to 2.7 2.2 Child Protection Practitioner CPP3.1 to 3.3 3.1 Child Protection Practitioner CPP3.4 to 3.6 3.2 Child Protection Practitioner CPP4.1 to 4.4 4.1 Child Protection Practitioner CPP5.1 5.1 Child Protection Practitioner CPP5.2 5.2 Child Protection Practitioner CPP6.1 6.1 Child Protection Practitioner CPP6.2 6.2 Youth Justice Worker Youth Justice Worker YJW1.1 to 1.8 2.1 Youth Justice Worker YJW1.9 to 1.15 2.2 Youth Justice Worker YJW 2.1 to 2.6 3.1 Youth Justice Worker YJW 2.7 to 2.8 3.2 Youth Justice Worker YJW 3.1 to 3.3 3.2 Youth Justice Worker YJW 3.4 to 3.6 4 Youth Justice Worker YJW 4.1 to 4.4 4 Youth Justice Worker YJW 4.5 to 4.8 5.1 Youth Justice Worker YJW 5.1 5.1 Youth Justice Worker YJW 5.1 5.2 Youth Justice Worker YJW 6.1 6.1 Youth Justice Worker YJW 6.2 6.2 **Table** **4: Child Protection Practitioner Structure -- Children, Youth and Families** **Grade** **Value Range** **1 July 2020** **1 July 2021** **1 July 2022** **1 July 2023** ----------- ----------------- ----------------- ----------------- ----------------- ----------------- CYF1 \$821 \$838 \$854 \$872 CYF2 \$1,011 \$1,031 \$1,052 \$1,073 CYF3 \$1,169 \$1,193 \$1,217 \$1,241 CYF4 \$1,306 \$1,332 \$1,359 \$1,386 CYF5 5.1 \$1,373 \$1,400 \$1,428 \$1,457 5.2 \$1,503 \$1,533 \$1,564 \$1,595 CYF6 6.1 \$1,781 \$1,817 \$1,854 \$1,891 6.2 \$2,039 \$2,080 \$2,122 \$2,165 **Table** **5: Forensic Officers** **Grade** **1 July 2020** **1 July 2021** **1 July 2022** **1 July 2023** -------------------- ----------------- ----------------- ----------------- ----------------- Forensic Officer 1 \$782 \$798 \$814 \$830 Forensic Officer 2 \$925 \$944 \$963 \$982 Forensic Officer 3 \$1,160 \$1,184 \$1,208 \$1,232 Forensic Officer 4 \$1,312 \$1,338 \$1,365 \$1,393 Forensic Officer 5 \$1,516 \$1,546 \$1,577 \$1,609 Forensic Officer 6 \$1,779 \$1,815 \$1,852 \$1,889 Forensic Officer 7 \$2,059 \$2,101 \$2,143 \$2,186 **Table** **6: Ministerial Transport Officers** +-----------------------------------+-----------------------------------+ | **Ministerial Transport Officer** | **Mobility Payment Alignment** | | | | | | **(Rates as set out in clause | | | 16.2 of the Agreement)** | +===================================+===================================+ | Pool | 2.2 | +-----------------------------------+-----------------------------------+ | Allocated Passenger | | +-----------------------------------+-----------------------------------+ | Government Leader | | +-----------------------------------+-----------------------------------+ | Premier | | +-----------------------------------+-----------------------------------+ 17. []{#_Toc45003702.anchor}Secure Employment 88. 89. 90. u. The Employer will not use fixed term contract positions for the purpose of undermining the job security or conditions of full‑time ongoing Employees. v. In accordance with the principle set out in **clause** **17.3(a)**, the use of fixed term employment in all areas covered by this Agreement is limited to: liv. replacement of Employees proceeding on approved leave; or lv. meeting fluctuating client and employment needs and unexpected increased workloads; or lvi. undertaking a specified task which is funded for a specified period; or lvii. filling a vacancy resulting from an Employee undertaking a temporary assignment or secondment; or lviii. temporarily filling a vacancy where, following an appropriate selection process, a suitable ongoing Employee is not available; or lix. filling a vacant role whilst a review of the area is undertaken, provided that such appointment does not exceed a period of twelve months. w. In other than exceptional or unforeseen circumstances, fixed term appointments to a specific position will be for a maximum of three years, subject to **clause** **55** (Parental Leave). x. Where an Employee is posted overseas the limitations on the use of fixed term employment outlined in this clause do not apply. 91. y. The Employer will not use casual labour for the purpose of undermining the job security of ongoing Employees, for the purpose of turning over a series of casual workers to fill an ongoing employment vacancy or as a means of avoiding obligations under this Agreement. z. In accordance with the principle set out in **clause** **17.4(a),** the employment of casuals in all areas covered by this Agreement is limited to meeting short‑term work demands or specialist skill requirements which are not continuing and would not be anticipated to be met by existing Employee levels. a. Casual employment will be for not less than three consecutive hours in any day worked except: lx. where the Employee works from home by agreement with the Employer; or lxi. with the agreement of the Employee. b. Except as expressly provided for, all other provisions of this Agreement apply to casual Employees. 92. 93. The Parties agree that over the life of the agreement they will: c. continue and finalise the audit of the use of casual and fixed term employment in the VPS (casual and fixed term audit); and d. develop a strategy to maximise the use of ongoing and secure employment based on the outcomes of the casual and fixed term audit, including a process for employee conversion to ongoing employment. 18. []{#_Toc46484912.anchor}Employment Categories and Entitlements 94. Employees may be employed on: e. an ongoing basis; or f. a fixed term basis; or g. a casual basis. 95. d. As soon as practicable after the commencement of employment, the Employee will be provided in writing or electronically with details of the job title, classification level and job statement for their position. h. A fixed term Employee must be provided in writing or electronically the reason for their fixed term employment consistent with **clause** **17.3**. i. The Employee will carry out the duties described in the job statement and such other duties as directed consistent with their skills and classification descriptors. j. The Employer will provide the Employee with a copy of this Agreement and information regarding the role of Unions and/or Union delegates under the terms of this Agreement. k. The Employer will ensure that an induction process is developed and maintained for the purpose of educating new Employees about Agency structures and policies within the framework of employment in the VPS. The Employer will ensure that Unions are provided with an opportunity to explain their role and functions in consultative and dispute resolution processes provided for under this Agreement. 96. e. New Employees, other than casual Employees, commence employment on a probationary basis for a period of six months (the Probationary Period). l. In this clause, 'New Employee' means an Employee on their commencement of employment with the VPS. 'New Employee' does not include an Employee with six months or more continuous employment in the VPS. m. The Probationary Period of a New Employee is reduced by any period of continuous employment in the VPS, immediately preceding the commencement of employment, including any fixed term employment but not including casual employment. n. **Performance during probation** If the Employer identifies conduct or performance issues during the probationary period, the Employer will counsel the Employee during the Probationary Period in relation to their conduct or performance and provide a written record of such counselling to the Employee. o. Confirmation of employment Unless the employment is terminated earlier in accordance with **clause** **18.3(f),** at the completion of the Probationary Period the Employee's employment is confirmed. p. Termination of Employment lxii. A probationary Employee may resign at any time by giving a minimum of two weeks written notice to the Employer, or a shorter period that is agreed with the Employer. lxiii. In the event that the Employee's conduct or performance during the Probationary Period is unsatisfactory, the Employer may terminate the probationary Employee's employment by giving two weeks' notice or two weeks' pay in lieu of notice. lxiv. Any notice period must be given no later than two weeks' prior to the end of the Probationary Period. Alternatively, the Employee's employment may be terminated by giving two weeks' pay in lieu of notice prior to the end of the Probationary Period. lxv. A probationary Employee's employment may be terminated without notice or payment in lieu of notice if the Employee has committed any act of serious misconduct (as defined in regulation 1.07 of the *Fair Work Regulations 2009*). lxvi. An Employee's absence from work for any period during the Probationary Period does not inhibit the Employer from terminating the Employee's employment under this subclause. 97. q. Provisions relating to salary, leave and all other entitlements contained within this Agreement apply to part-time Employees on a pro rata basis calculated on the number of ordinary hours worked. r. Part-time employment is for not less than three consecutive hours in any day worked except: lxvii. if the Employee works from home by agreement with the Employer; or lxviii. with the agreement of the Employee. s. Part-time employment may be worked only by agreement between the Employee and the Employer, where that agreement includes a roster specifying: lxix. the days in each fortnight the Employee will work; and lxx. the start and finish times on the days which the Employee will work; and lxxi. the number of hours the Employee will work on each day they work; and lxxii. agreed processes for the variation of hours of work. t. Rostered hours agreed under **clause** **18.4(c)** will be considered the Employee's ordinary hours. 19. []{#_Toc45003705.anchor}Usual Place or Places of Work 98. 99. 100. u. The Employer must consider any alternative proposal put by an Employee who can demonstrate hardship in their personal circumstances arising from the change; and v. The Employer must consider any disabilities the Employee may have and whether because of that, the Employee would be adversely affected by a change to work location; and w. The Employer must ensure that any mobility aids or reasonable adjustments in place for an Employee continue at the new place or places of work. 101. x. **Work Area** means the Melbourne CBD or a Suburb or Regional Town y. **Melbourne CBD** means any location on or within the areas: lxxiii. from Flinders Street to Queensberry Street; and lxxiv. from Spencer Street to Lansdowne Street; and lxxv. from the corner of Queensberry and Peel Street south to the Queen Victoria Market and along Dudley Street to Spencer Street; and lxxvi. along Victoria Street to Rathdowne Street; and lxxvii. the Docklands; and lxxviii. Southbank; or a location in close proximity to any of these areas. z. **Suburb** **or Regional Town** means the area covered by the official postal subdivisions which apply to the location and any adjacent Suburb or Town which is within close proximity to the location. 102. a. **Temporary change to usual place or places of work within a Work Area** The Employer may change the usual place or places of work of an Employee within a Work Area by providing the Employee with at least 24 hours' notice, or a lesser period if agreed. b. **Temporary change to usual place or places of work to a different Work Area** lxxix. The Employer may change the usual place or places of work of an Employee to a different Work Area on a temporary basis, by providing the Employee with at least two weeks' notice, or a lesser period if agreed. lxxx. Any additional travelling time for the Employee arising from the change will be regarded as time worked. lxxxi. The Employer must have regard to the Employee's practicable commuting options and personal circumstances, including childcare arrangements, in implementing the change. 103. c. **Permanent change to usual place or places of work within a Work Area** The Employer may permanently change an Employee's usual place or places of work within a Work Area by providing two weeks' notice or a lesser period if agreed. The Employer must also pay the applicable disturbance allowance at **clause** **19.6(c)**. d. **Permanent change to usual place or places of work to a different Work Area** lxxxii. The Employer may permanently change an Employee's usual place or places of work to a different Work Area by: - providing notice as set out in **clause** **19.6(b)(iii)**, or a lesser period if agreed, and - payment of the applicable disturbance allowance at **clause** **19.6(c)**in compensation for all disturbance factors arising from the change. lxxxiii. The Employer must have regard to the Employee's practicable commuting options and personal circumstances, including childcare arrangements, in implementing the change. lxxxiv. The minimum notice period required for a permanent change to the usual place or places of work to a different Work Area is outlined in the table below. Table 7: Notice provide for a permanent change to usual place or places of work to a different Work Area **Distance/Time** **Total notice period required** --------------------------------------------------------------------------------------------------------------------------- ---------------------------------- For the first 30 mins of additional daily travel time required or 30 kilometres additional daily distance or part thereof 2 weeks For between 31-60mins of additional daily travel time or 60 kilometres additional daily distance or part thereof 4 weeks For over 61mins of additional daily travel time or over 90 kilometres additional daily distance or part thereof 5 weeks e. **Disturbance allowance** The Employee is entitled to a once only allowance in compensation for all disturbance factors arising from the change in accordance with **clause** **19.6**. The Employee will be paid for extra daily travel the greater of the distance or time calculation set out in the table below based on the most direct route to the new usual place or places of work. Table 8 - Disturbance allowance for extra travel distance or time per day +-----------+-----------+-----------+-----------+-----------+-----------+ | **Date of | | | | | | | effect** | | | | | | +===========+===========+===========+===========+===========+===========+ | **20 | **1 | **1 | **1 June | **1 March | **1 | | March | December | September | 2022** | 2023** | December | | 2020** | 2020** | 2021** | | | 2023** | +-----------+-----------+-----------+-----------+-----------+-----------+ | 1. **10 | | | | | | | Kilom | | | | | | | etres | | | | | | | or | | | | | | | less | | | | | | | extra | | | | | | | dista | | | | | | | nce | | | | | | | trave | | | | | | | lled** | | | | | | +-----------+-----------+-----------+-----------+-----------+-----------+ | No | | | | | | | allowance | | | | | | | payable | | | | | | +-----------+-----------+-----------+-----------+-----------+-----------+ | 2. **10 | | | | | | | kilom | | | | | | | etres | | | | | | | or | | | | | | | more | | | | | | | for | | | | | | | the | | | | | | | first | | | | | | | 30 | | | | | | | mins | | | | | | | of | | | | | | | extra | | | | | | | trave | | | | | | | l | | | | | | | time | | | | | | | requi | | | | | | | red | | | | | | | or 30 | | | | | | | kilom | | | | | | | etres | | | | | | | dista | | | | | | | nce | | | | | | | or | | | | | | | part | | | | | | | there | | | | | | | of** | | | | | | +-----------+-----------+-----------+-----------+-----------+-----------+ | \$1,497 | \$1,516 | \$1,539 | \$1,558 | \$1,581 | \$1,597 | +-----------+-----------+-----------+-----------+-----------+-----------+ | 3. **31- | | | | | | | 60mins | | | | | | | of | | | | | | | extra | | | | | | | trave | | | | | | | l | | | | | | | time | | | | | | | or 60 | | | | | | | kilom | | | | | | | etres | | | | | | | extra | | | | | | | dista | | | | | | | nce |