Table of Contents - MA000134 Victorian State Government Agencies Award 2015

Part 1—Application and Operation

1. Title

2. Commencement

3. Definitions and interpretation

4. Application

5. Coverage

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Types of Employment and Classifications

8. Types of employment

9. Classifications

Part 3—Hours of Work

10. Ordinary hours of work and rostering

11. Breaks

Part 4—Wages and Allowances

12. Minimum wages

13. Payment of salaries

14. Higher duties

15. Allowances

16. Accident pay

17. Superannuation

Part 5—Penalties and Overtime

18. Shiftwork

19. Overtime

Part 6—Leave and Public Holidays

20. Annual leave

21. Personal/carer’s leave and compassionate leave

22. Community service leave

23. Public holidays

24. Parental leave

25. Termination of employment

Part 7—Consultation and Dispute Resolution

26. Consultation

27. Dispute resolution

Part 8—Parks Victoria

28. Application

29. Seasonal employees

30. Hours of work

Part 9—Emergency Services Telecommunications Authority

31. Application

32. Classifications

33. Minimum Wages

34. Hours of Work

35. Overtime

36. Shiftwork

Part 10—VicRoads

37. Application

38. Classifications and Minimum Wages

Part 11—Catchment Management Authorities

39. Application

40. Types of Employment

41. Personal/carer’s leave and compassionate leave

42. Accident pay

SCHEDULE A—EXCLUDED AWARDS
SCHEDULE B—POSITION STATEMENTS
SCHEDULE C—SUPPORTED WAGE SYSTEM
SCHEDULE D—SCHOOL-BASED APPRENTICES
SCHEDULE E—NATIONAL TRAINING WAGE
APPENDIX E1:ALLOCATION OF TRAINEESHIPS TO WAGE LEVELS
Victorian State Government Agencies Award 2015

Victorian State Government Agencies Award 2015

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 20 June 2019 (PR704228,PR707574,PR707784,PR709080).

Clause(s) affected by the most recent variation(s):

Table of Contents

Part 1—Application and Operation

1. Title

2. Commencement

3. Definitions and interpretation

4. Application

5. Coverage

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Types of Employment and Classifications

8. Types of employment

9. Classifications

Part 3—Hours of Work

10. Ordinary hours of work and rostering

11. Breaks

Part 4—Wages and Allowances

12. Minimum wages

13. Payment of salaries

14. Higher duties

15. Allowances

16. Accident pay

17. Superannuation

Part 5—Penalties and Overtime

18. Shiftwork

19. Overtime

Part 6—Leave and Public Holidays

20. Annual leave

21. Personal/carer’s leave and compassionate leave

22. Community service leave

23. Public holidays

24. Parental leave

25. Termination of employment

Part 7—Consultation and Dispute Resolution

26. Consultation

27. Dispute resolution

Part 8—Parks Victoria

28. Application

29. Seasonal employees

30. Hours of work

Part 9—Emergency Services Telecommunications Authority

31. Application

32. Classifications

33. Minimum Wages

34. Hours of Work

35. Overtime

36. Shiftwork

Part 10—VicRoads

37. Application

38. Classifications and Minimum Wages

Part 11—Catchment Management Authorities

39. Application

40. Types of Employment

41. Personal/carer’s leave and compassionate leave

42. Accident pay

Schedule A—Excluded Awards

Schedule B—Position Statements

Schedule C—Supported Wage System

Schedule D—School-based Apprentices

Schedule E—National Training Wage

Appendix E1:Allocation of Traineeships to Wage Levels

Part 1—Application and Operation

1. Title

2. Commencement

3. Definitions and interpretation

4. Application

5. Coverage

6. The National Employment Standards and this award

7. Award flexibility

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

[Varied by PR579961]

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

      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

      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

      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

[Definition of standard rate varied by PR579961 ppc 01Jul16]

      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

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.

Part 2—Types of Employment and Classifications

Error! Bookmark not defined.

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) A casual employee is an employee engaged and paid as a casual employee.

      (b) 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.

      (c) 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.

      (d) 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.

      (e) 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 B—Position 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 B—Position 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 3—Hours of Work

10. Ordinary hours of work and rostering

11. Breaks

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 4—Wages and Allowances

12. Minimum wages

13. Payment of salaries

14. Higher duties

15. Allowances

16. Accident pay

17. Superannuation

12. Minimum wages

[Varied by PR579961,PR592237,PR606460,PR707574]

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

12.1 Administrative stream

[12.1 varied by PR579961,PR592237,PR606460,PR707574 ppc 01Jul19]

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

      Table 1 –Administrative stream

     

    Work Value Level

    Minimum Annual Rate

    Minimum Fortnightly Rate

    Minimum Hourly Rate

    Minimum Casual Hourly Rate

      

    $

    $

    $

    $

    Administrative Officer

         

    Grade 1

    A

    40,392

    1548.20

    20.37

    25.46

    Grade 1

    B

    41,438

    1588.30

    20.90

    26.13

    Grade 1

    C

    42,485

    1628.40

    21.43

    26.79

    Grade 1

    D

    43,535

    1668.70

    21.96

    27.45

    Grade 2

    A

    45,001

    1724.90

    22.70

    28.38

    Grade 2

    B

    45,861

    1757.80

    23.13

    28.91

    Grade 2

    C

    46,712

    1790.50

    23.56

    29.45

    Grade 2

    D

    47,580

    1823.70

    24.00

    30.00

    Grade 3

    A

    49,483

    1896.70

    24.96

    31.20

    Grade 3

    B

    50,408

    1932.10

    25.42

    31.78

    Grade 3

    C

    51,332

    1967.60

    25.89

    32.36

    Grade 3

    D

    51,902

    1989.40

    26.18

    32.73

    Grade 4

    A

    53,681

    2057.60

    27.07

    33.84

    Grade 4

    B

    54,608

    2093.10

    27.54

    34.43

    Grade 4

    C

    55,514

    2127.80

    28.00

    35.00

    Grade 5

    A

    57,633

    2209.10

    29.07

    36.34

    Grade 5

    B

    58,430

    2239.60

    29.47

    36.84

    Grade 5

    C

    59,362

    2275.30

    29.94

    37.43

    Grade 6

    A

    61,753

    2367.00

    31.14

    38.93

    Grade 6

    B

    62,928

    2412.00

    31.74

    39.68

    Grade 6

    C

    64,114

    2457.50

    32.34

    40.43

    Grade 7

    A

    67,047

    2569.90

    33.81

    42.26

    Grade 7

    B

    68,207

    2614.40

    34.40

    43.00

    Grade 7

    C

    69,381

    2659.40

    34.99

    43.74

    Grade 8

    A

    74,291

    2847.60

    37.47

    46.84

    Grade 8

    B

    76,333

    2925.80

    38.50

    48.13

    Grade 8

    C

    78,373

    3004.00

    39.53

    49.41

12.2 Technical stream

[12.2 varied by PR579961,PR592237,PR606460,PR707574 ppc 01Jul19]

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

      Table 2 –Technical stream

     

    Work Value Level

    Minimum Annual Rate

    Minimum Fortnightly Rate

    Minimum Hourly Rate

    Minimum Casual Hourly Rate

      

    $

    $

    $

    $

    Technical Assistant (TA)

         

    TA 1

    A

    41,958

    1608.20

    21.16

    26.45

    TA 1

    B

    42,708

    1637.00

    21.54

    26.93

    TA 1

    C

    43,433

    1664.80

    21.91

    27.39

    TA 1

    D

    43,659

    1673.40

    22.02

    27.53

    Technical Officer (TO)

         

    TO 1

    A

    45,596

    1747.70

    23.00

    28.75

    TO 1

    B

    46,381

    1777.80

    23.39

    29.24

    TO 1

    C

    47,035

    1802.80

    23.72

    29.65

    TO 1

    D

    47,972

    1838.80

    24.19

    30.24

    TO 1

    E

    48,229

    1848.60

    24.32

    30.40

    TO 1

    F

    49,025

    1879.10

    24.73

    30.91

    TO 1

    G

    49,854

    1910.90

    25.14

    31.43

    TO 1

    H

    50,560

    1938.00

    25.50

    31.88

    TO 1

    I

    51,120

    1959.40

    25.78

    32.23

    TO 2

    A

    51,487

    1973.50

    25.97

    32.46

    TO 2

    B

    52,496

    2012.20

    26.48

    33.10

    TO 2

    C

    52,895

    2027.50

    26.68

    33.35

    TO 3

    A

    53,818

    2062.80

    27.14

    33.93

    TO 3

    B

    54,583

    2092.20

    27.53

    34.41

    TO 3

    C

    55,810

    2139.20

    28.15

    35.19

    TO 4

    A

    56,764

    2175.80

    28.63

    35.79

    TO 4

    B

    57,441

    2201.70

    28.97

    36.21

    TO 4

    C

    58,675

    2249.00

    29.59

    36.99

    TO 5

    A

    59,693

    2288.00

    30.11

    37.64

    TO 5

    B

    60,807

    2330.70

    30.67

    38.34

    TO 6

    A

    61,993

    2376.20

    31.27

    39.09

    TO 6

    B

    63,174

    2421.50

    31.86

    39.83

    TO 7

    A

    64,576

    2475.20

    32.57

    40.71

    TO 7

    B

    65,758

    2520.50

    33.16

    41.45

12.3 Professional stream

[12.3 varied by PR579961,PR592237,PR592237,PR606460,PR707574 ppc 01Jul19]

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

      Table 3 –Professional stream

     

    Work Value Level

    Minimum Annual Rate

    Minimum Fortnightly Rate

    Minimum Hourly Rate

    Minimum Casual Hourly Rate

      

    $

    $

    $

    $

    Information Technology Officer (ITO)

         

    ITO 1

    A

    48,065

    1842.30

    24.24

    30.30

    ITO 1

    B

    49,393

    1893.20

    24.91

    31.14

    ITO 1

    C

    50,739

    1944.80

    25.59

    31.99

    ITO 1

    D

    51,767

    1984.20

    26.11

    32.64

    ITO 1

    E

    52,770

    2022.70

    26.61

    33.26

    ITO 1

    F

    54,141

    2075.20

    27.31

    34.14

    ITO 1

    G

    56,140

    2151.80

    28.31

    35.39

    ITO 2

    A

    57,633

    2209.10

    29.07

    36.34

    ITO 2

    B

    58,963

    2260.00

    29.74

    37.18

    ITO 2

    C

    60,427

    2316.20

    30.48

    38.10

    ITO 2

    D

    61,753

    2367.00

    31.14

    38.93

    ITO 3

    A

    64,694

    2479.70

    32.63

    40.79

    ITO 3

    B

    66,448

    2546.90

    33.51

    41.89

    ITO 3

    C

    68,207

    2614.40

    34.40

    43.00

    ITO 4

    A

    72,039

    2761.20

    36.33

    45.41

    ITO 4

    B

    74,291

    2847.60

    37.47

    46.84

    ITO 5

    A

    78,373

    3004.00

    39.53

    49.41

    Legal Officer (LO)

         

    LO 1

    A

    48,659

    1865.10

    24.54

    30.68

    LO 1

    B

    50,334

    1929.30

    25.39

    31.74

    LO 1

    C

    51,744

    1983.30

    26.10

    32.63

    LO 1

    D

    53,126

    2036.30

    26.79

    33.49

    LO 1

    E

    54,877

    2103.40

    27.68

    34.60

    LO 1

    F

    56,622

    2170.30

    28.56

    35.70

    LO 1

    G

    58,240

    2232.30

    29.37

    36.71

    LO 1

    H

    59,987

    2299.30

    30.25

    37.81

    LO 1

    I

    61,600

    2361.10

    31.07

    38.84

    LO 2

    A

    64,627

    2477.10

    32.59

    40.74

    LO 2

    B

    65,509

    2511.00

    33.04

    41.30

    LO 2

    C

    66,395

    2544.90

    33.49

    41.86

    LO 2

    D

    67,280

    2578.80

    33.93

    42.41

    LO 3

    A

    71,298

    2732.80

    35.96

    44.95

    LO 3

    B

    72,327

    2772.30

    36.48

    45.60

    LO 3

    C

    73,354

    2811.70

    37.00

    46.25

    LO 4

    A

    77,763

    2980.60

    39.22

    49.03

    LO 4

    B

    79,440

    3044.90

    40.06

    50.08

    LO 5

    A

    82,474

    3161.20

    41.59

    51.99

    Engineer/ Scientist (ES)

         

    ES 1

    A

    45,559

    1746.30

    22.98

    28.73

    ES 1

    B

    46,229

    1772.00

    23.32

    29.15

    ES 1

    C

    47,968

    1838.60

    24.19

    30.24

    ES 1

    D

    49,142

    1883.60

    24.78

    30.98

    ES 1

    E

    51,084

    1958.00

    25.76

    32.20

    ES 1

    F

    53,067

    2034.10

    26.76

    33.45

    ES 1

    G

    54,256

    2079.60

    27.36

    34.20

    ES 2

    A

    56,071

    2149.20

    28.28

    35.35

    ES 2

    B

    57,373

    2199.10

    28.94

    36.18

    ES 2

    C

    58,430

    2239.60

    29.47

    36.84

    ES 2

    D

    59,490

    2280.20

    30.00

    37.50

    ES 3

    A

    61,414

    2354.00

    30.97

    38.71

    ES 3

    B

    62,928

    2412.00

    31.74

    39.68

    ES 3

    C

    63,961

    2451.60

    32.26

    40.33

    ES 3

    D

    65,962

    2528.30

    33.27

    41.59

    ES 4

    A

    68,210

    2614.50

    34.40

    43.00

    ES 4

    B

    69,381

    2659.40

    34.99

    43.74

    ES 4

    C

    71,298

    2732.80

    35.96

    44.95

    ES 5

    A

    74,719

    2864.00

    37.68

    47.10

    ES 5

    B

    76,613

    2936.60

    38.64

    48.30

    ES 5

    C

    78,502

    3009.00

    39.59

    49.49

12.4 General stream

[12.4 varied by PR579961,PR592237,PR606460,PR707574 ppc 01Jul19]

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

      Table 4 –General stream

 

Work Value Level

Minimum Annual Rate

Minimum Fortnightly Rate

Minimum Hourly Rate

Minimum Casual Hourly Rate

  

$

$

$

$

Field worker (FW)

     

FW 1

1

42,836

1641.90

21.60

27.00

FW 2

2

43,730

1676.20

22.06

27.58

FW 3

3

45,007

1725.10

22.70

28.38

12.5 Supported wage system

12.6 School-based apprentices

12.7 National training wage

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:

      then rounded to the nearest ten cents.

13.3 For part-time employees,the amount payable fortnightly will be calculated as follows:

      then rounded to the nearest ten cents.

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 higher office or position

    Rate of allowance

    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

[Varied by PR579741,PR579961,PR592387,PR592237,PR606460,PR606610,PR704228,PR707574,PR707784]

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

[15.1(a) varied by PR579961,PR592237,PR606460,PR707574 ppc 01Jul19]

    Allowance

    Payable

    % of standard rate ($1724.90)

    $

    First aid

    per fortnight

    1.41

    24.32

    Stand-by

    per night

    1.42

    24.49

    Stand-by

    per day and night

    2.84

    48.99

      (b) Expense related allowances

[15.1(b) varied by PR579741,PR592387,PR606610,PR704228,PR707784 ppc 01Jul19]

    Allowance

    Payable

    $

    Overtime meal

    per occasion

    18.15

    Motor vehicle

    if employee is required to use own vehicle for work

    0.78 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 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) 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),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.

      (b) The rights and obligations in these clauses supplement those in superannuation legislation.

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 that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 17.2 and pay the amount authorised under clauses 17.3(a) or (b) to one of the following superannuation funds or its successor:

      (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

19. 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 –afternoon shift

    Finishing after 6:30 pm and at or before midnight

    15%

    115%

    Monday to Friday –night shift –rotating shift

    Finishing after midnight and at or before 8:00 am

    15%

    115%

    Monday to Friday –night shift –non rotating shift

    Finishing after midnight and at or before 8:00 am

    30%

    130%

    Saturday

    All hours on Saturday

    50%

    150%

    Sunday

    All hours on Sunday

    100%

    200%

    Public holiday

    All hours on a public holiday

    150%

    250%

18.2 Where an annual salary is paid the employer must advise the employee in writing of the annual salary that is payable and which of the provisions of this award will be satisfied by payment of the annual salary.

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 6—Leave and Public Holidays

20. Annual leave

21. Personal/carer’s leave and compassionate leave

22. Community service leave

23. Public holidays

24. Parental leave

25. Termination of employment

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 12—Minimum 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—Consultation and Dispute Resolution

26. Consultation

27. Dispute resolution

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

28. Application

29. Seasonal employees

30. Hours of work

28. Application

28.1 This Part applies to Parks Victoria and its employees. This Part operates concurrently with the provisions of this award save and to the extent of any inconsistency in which case the provisions in this Part will prevail.

29. Seasonal employees

29.1 Parks Victoria may employ persons on a seasonal basis.

29.2 During their period of employment,seasonal employees will be entitled to all forms of paid leave,except paid parental leave. All relevant payments will accrue on a pro rata basis. Seasonal employees are also entitled to receive payments for public holidays which fall on a day on which they would normally work.

30. Hours of work

30.1 In this clause,a major event is one which is specifically planned to attract more visitors than would otherwise normally be expected at that venue and will require the availability of additional staff for preparation or implementation,and shall include one-off and annually recurring events. Major events include but are not limited to:

      (a) Moomba;

      (b) Melbourne Festival;

      (c) Grand Prix;

      (d) Spring Racing Carnival;

      (e) Victoria’s Parks Festival.

30.2 Spread of hours

      (a) The ordinary hours of work are to be based on 7 hours 36 minutes per day to be worked as a continuous period,totalling 76 hours per fortnight,to be worked:

      (i) between the hours 7.00 a.m. to 7.00 p.m. inclusive;or

      (ii) between the hours 7.00 a.m. to 9.30 p.m. during daylight saving time or major events.

30.3 Non-rostered employees

      (a) A non-rostered employee will normally work within the ordinary spread of hours Monday to Friday.

      (b) A non-rostered employee may by agreement work up to six weekend days per year during peak periods and major events for which they will be compensated by time off in lieu on an hour for hour basis. The actual times and locations are to be by agreement.

30.4 Rostered weekend employees

      (a) A rostered weekend employee will normally work rostered ordinary hours from Monday to Sunday. These hours will include either:

      (i) up to forty rostered weekend days per annum,including not more than twenty Sundays unless by agreement;or

      (ii) up to twenty rostered weekend days per annum including not more than ten Sundays unless by agreement.

      (b) Rostered weekend employees are not shiftworkers for the purposes of this award.

      (c) A rostered weekend employee will be entitled to an annual rostered weekend allowance of either 15% or 7.5% of their substantive base salary to cover the requirement to work either up to 40 or 20 weekend days per annum respectively.

      (d) The rostered weekend allowance will compensate working to a roster to cover the full spread of hours for which no additional payment will be made.

      (e) The rostered weekend allowance is payable only while the employee is rostered to work weekends in accordance with this clause and will be calculated as salary for superannuation purposes only.

Part 9—Emergency Services Telecommunications Authority

31. Application

32. Classifications

33. Minimum Wages

34. Hours of Work

35. Overtime

36. Shiftwork

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 calltakers,dispatchers and team leaders;and

      (b) Operational support employees - who undertake operational support duties including managerial,administrative and trainee positions.

33. Minimum Wages

[Varied by PR579961,PR592237,PR606460,PR707574]

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

33.1 Operational employees

[33.1 varied by PR579961,PR592237,PR606460,PR707574 ppc 01Jul19]

      Position Title

      Minimum Annual Rate

      Minimum Fortnightly Rate

      Minimum Hourly Rate

      Minimum Casual Rate

       

      $

      $

      $

      $

      Calltaker

      44,883

      1720.40

      22.64

      28.30

      Dispatcher

      52,431

      2009.70

      26.44

      33.05

      Team leader

      59,828

      2293.20

      30.17

      37.71

33.2 Operational support employees

[33.2 varied by PR579961,PR592237,PR606460,PR707574 ppc 01Jul19]

      Position Title

      Minimum Annual Rate

      Minimum Fortnightly Rate

      Minimum Hourly Rate

      Minimum Casual Rate

       

      $

      $

      $

      $

      Trainee officer

      38,652

      1481.50

      19.49

      24.36

      Operational support officer

      41,316

      1583.60

      20.84

      26.05

      Manager

      56,522

      2166.50

      28.51

      35.64

   

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 –afternoon shift

    1. Shift commencing after noon where at least half of the shift is worked after 6 pm.

    2. 11.00 am to 11.00pm shift at Tally Ho and Ballarat

    15%

    Night (Except where Saturday,Sunday or Public Holiday rates apply)

    1. Where at least half of the shift is worked after 11.00 pm.

    2. Where an equal number of hours are worked before and after midnight Friday,the Saturday rate applies.

    25%

    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 7.00 am the following day.

    150%

36.2 Shift Loading Application for Operational Employees

      (a) Shift loadings are:

      (i) paid for all the ordinary hours worked in the particular shift;

      (ii) applied to the ordinary hours rate for the shift;

      (iii) not payable during periods of leave;

      (iv) not payable during periods of overtime.

      (b) Where a workplace trainer,Mentor or other employee is required to change from their normal rostered shift(s) in order to either conduct or participate in Emergency Services Telecommunications Authority training,and,for the period of that change the amount of shift loading payable would be less than that which would have been payable had the change not taken place,the employee shall be paid the loading which would have been paid but for the change.

36.3 Entitlements for shift workers in relation to public holidays and substitute public holidays

      (a) A full-time shift worker who is rostered off duty on a public holiday or substitute day,shall be entitled to a day’s salary in respect of that day.

      (b) A full-time shift worker is entitled to the following payment in relation to public holidays or substitute days.

Rostered on

Rostered off

Payment

Public Holiday

Substitute Day

Public Holiday (no substitute day applicable

 

Single time,plus Public Holiday shift loading

N/A

 

Public Holiday (no substitute day applicable

A day’s salary at the single time rate,in lieu of the public holiday. The hours are to be calculated in the same manner as sick leave.

N/A

Public Holiday and Substitute Day

 

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

Single time,plus Public Holiday shift loading

 

Public Holiday and Substitute Day

A day’s salary at the single time rate,in lieu of the public holiday. The hours are to be calculated in the same manner as sick leave.

N/A

Public Holiday

Substitute Day

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

A day’s salary at the single time rate,in lieu of the public holiday. The hours are to be calculated in the same manner as sick leave.

Substitute Day

Public Holiday

A day’s salary at the single time rate,in lieu of the public holiday. The hours are to be calculated in the same manner as sick leave.

Single time,plus afternoon,night or weekend shift loading,depending on day when work is rostered.

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

Public Holiday

Substitute Day

Public Holiday (no substitute day applicable

 

Single time,plus Public Holiday loading rate

N/A

 

Public Holiday (no substitute day applicable

N/A

N/A

Weekend Public Holiday and Substitute Day

 

Single time,plus 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.

Single ordinary time rate of pay,plus afternoon,night,or weekend shift loadings depending on the day when work is rostered.

 

Public Holiday and Substitute Day

N/A

N/A

Weekend Public Holiday

Substitute Day –Monday - Friday

Single time,plus 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.

N/A

Substitute Day

Public Holiday

N/A

Single time,plus public holiday loading rate is paid

   

Part 10—VicRoads

37. Application

38. Classifications and Minimum Wages

37. Application

This Part applies to VicRoads 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.

38. Classifications and Minimum Wages

[Varied by PR579961,PR592237,PR606460,PR707574]

38.1 The classifications and minimum wages set out in this clause apply to VicRoads in addition to the classifications and minimum wages set out at clauses 9 and 12.

38.2 Field Division

[38.2 varied by PR579961,PR592237,PR606460,PR707574 ppc 01Jul19]

      Minimum rates of pay for the Field Division are in Table 5. Classification descriptors are in Schedule B.

      Table 5 –Field Division

    Classification

    Minimum Annual Rate

    Minimum Fortnightly Rate

    Minimum Hourly Rate

    Minimum Casual Rate

     

    $

    $

    $

    $

    Road Worker (RW)

    RW 1-1

    39,599

    1517.80

    19.97

    24.96

    RW 1-2

    40,235

    1542.20

    20.29

    25.36

    RW 1-3

    41,676

    1597.40

    21.02

    26.28

    RW 1-4

    42,312

    1621.80

    21.34

    26.68

    RW 2-1

    42,806

    1640.80

    21.59

    26.99

    RW 2-2

    43,441

    1665.10

    21.91

    27.39

    RW 2-3

    44,082

    1689.70

    22.23

    27.79

    RW 3-1

    45,001

    1724.90

    22.70

    28.38

    RW 3-2

    45,629

    1749.00

    23.01

    28.76

    RW 4-1

    48,730

    1867.80

    24.58

    30.73

    RW 4-2

    49,919

    1913.40

    25.18

    31.48

    RW 4-3

    51,226

    1963.50

    25.84

    32.30

    Works Manager (WM)

    WM 1-1

    52,832

    2025.00

    26.64

    33.3

    WM 1-2

    53,772

    2061.10

    27.12

    33.9

    WM 1-3

    55,086

    2111.40

    27.78

    34.73

    WM 2-1

    56,898

    2180.90

    28.70

    35.88

    WM 2-2

    58,133

    2228.20

    29.32

    36.65

    WM 2-3

    59,374

    2275.80

    29.94

    37.43

    WM 3-1

    61,494

    2357.10

    31.01

    38.76

    WM 3-2

    62,929

    2412.10

    31.74

    39.68

    WM 3-3

    64,370

    2467.30

    32.46

    40.58

    Surveillance Manager (SM)

    SM 1-1

    52,832

    2025.00

    26.64

    33.30

    SM 1-2

    53,772

    2061.10

    27.12

    33.90

    SM 1-3

    55,086

    2111.40

    27.78

    34.73

    SM 2-1

    56,898

    2180.90

    28.70

    35.88

    SM 2-2

    58,133

    2228.20

    29.32

    36.65

    SM 2-3

    59,374

    2275.80

    29.94

    37.43

    SM 3-1

    61,494

    2357.10

    31.01

    38.76

    SM 3-2

    62,929

    2412.10

    31.74

    39.68

    SM 3-3

    64,370

    2467.30

    32.46

    40.58

   

Part 11—Catchment Management Authorities

39. Application

40. Types of Employment

41. Personal/carer’s leave and compassionate leave

42. Accident pay

39. Application

This Part applies to Catchment Management Authorities and their 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.

40. Types of Employment

Casual and part-time employees may be engaged for a minimum of one hour on each start.

41. Personal/carer’s leave and compassionate leave

41.1 An employee is entitled to:

      (a) 12 days paid personal/carer’s leave (inclusive of NES entitlements);and

      (b) 3 days paid compassionate leave as required (inclusive of NES entitlements).

42. Accident pay

Accident pay under clause 16 will cease when the employee has been absent from work for either a continuous or an aggregate period of 26 weeks.

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

      ●Positions at this level work under routine direction and undertake a combination of keyboard,clerical and other duties. The work initially requires the application of basic administrative procedures,office skills and routines such as receiving and dealing initially with clients and members of the public;the straight forward operation of keyboard equipment;filing;photocopying;collating;collecting and distributing;carrying out routine checks by simple comparisons;simple coding;maintaining basic records;mail procedures;obtaining or providing information about straightforward matters and routine user maintenance of office equipment.

      ●Keyboard tasks may include the keying of data containing unusual technical terms and/or non-standard complicated tables or diagrams which demand considerable judgment about layout,and the manipulation and interpretation of data before and during entry.

      ●Initially the work is performed under close direction using established routines,methods and procedures and there is little scope for deviating from these. Tasks are mixed to provide a variety of work experience;some may be of a routine operational nature.

      ●Problems can usually be solved by reference to procedures,well documented methods and instructions. Assistance is available if required when problems arise.

      ●The work may involve giving technical and procedural advice to other staff (for example relating to the operation of office equipment used in the work area). It may require some knowledge and application of specific procedures,instruction,regulations or other requirements relating to general administration (e.g. personnel or finance operations) and/or specific departmental programs or activities.

      ●Staff undertaking work at this level would normally become competent in individual tasks after a limited period of training or experience.

      ●Staff at this level may assist more senior officers in the tasks being undertaken by them. Work may include drafting basic material for inclusion in reports and submissions,issuing form or routine letters and checking applications for benefits or grants.

      ●Positions at this level have no supervisory responsibilities although more experienced staff may assist new staff by providing guidance and advice.

B.1.2 Administrative Officer Grade 2

      ●Positions at this level usually work under general direction and the work is subject to regular checks. Detailed instruction is not always necessary and there is scope for staff to exercise initiative in applying established work practices and procedures.

      ●This level encompasses a range or combination of operational,supervisory and administrative activities which require the application of skills and experience in office work and a general knowledge of the work to be performed.

      ●This is the first level which may include positions with a supervisory role. Supervisory positions involve the exercise of basic skills in personnel management and interpersonal communication.

      ●Work is usually performed under general direction and may require the interpretation of rules,regulations,guideline,instructions and procedures and the ability to undertake a range of duties requiring judgment,liaison and communication within an agency and with other interested parties. Tasks may include the preparation of straightforward reports and the provision of data for casework decision.

      ●The solution of problems may require the exercising of limited judgment,though guidance would be available in precedents,guidelines,procedures,regulations and instructions. The understanding of the information should allow decisions or policies relating to specific circumstances to be explained. Liaison within the agencies or with other interested parties may be necessary.

      ●Work at this level may involve the supervision of lower level positions. Occupants of positions at this level may be expected to resolve problems by minor modification to operational systems or by reference to procedures. Staff at this level may have input into,or undertake tasks associated with,improvements to office systems or operations.

B.1.3 Administrative Officer Grade 3

      ●Positions at this level usually work under general direction and require relevant experience combined with a broad knowledge of the agency’s functions and activities and a sound knowledge of the major activity performed within the work area. Positions with supervisory responsibilities may undertake some complex operational work and may assist with,or review,the work undertaken by subordinates or team members.

      ●Problems faced may be complex yet broadly similar to past problems. Solutions generally can be found in documented precedents,or in rules,regulations,guidelines,procedures and instructions,though these may require some interpretation and application of judgment. There is scope for exercising initiative in the application of established work practices and procedures.

      ●Work is usually performed under general direction and may involve preparing papers,briefing notes,correspondence or other written material and general administrative support to senior officers.

      ●Decisions made or delegations exercised at this level may have an impact on the relevant agency’s operations (e.g. on financial resources),but are normally of limited procedural or administrative importance.

      ●Positions at this level may have responsibilities for training operational and administrative staff. Functions may include organising training courses,assisting in the preparation of training material and,where courses are short and involve procedural or administrative subject matter,presenting those courses.

      ●Positions with supervisory responsibilities may be involved in working with staff to develop work performance;planning and coordinating tasks and work flow perhaps across a number of areas or activities and may involve the use of keyboard skills to perform supervisory,clerical or other operational duties.

      ●Positions requiring the use of keyboard skills may be included in this level only if the supervisory and/or other duties performed are consistent with the standard for this level.

B.1.4 Administrative Officer Grade 4

      ●Positions at this level usually work under general direction within clear guidelines and established work practices and priorities,in functions which require the application of knowledge,skills and techniques appropriate to the work area.

      ●Work at this level requires a sound knowledge of program,activity policy or service aspects of work performed within a functional element or a number of work areas. The work may cover a range of tasks associated with program,activity or service delivery to clients or other interested parties or administrative support to senior officers.

      ●Positions at this level are found in a wide variety of operating environments. With the exception of some specialist groups,this is the first level where tertiary qualifications may be required or desirable.

      ●The work is usually performed under general direction. Tasks may include providing administrative support to staff within technical or professional structures. This may include collecting and analysing data and information and preparing reports,publications,papers and submissions including findings and recommendations.

      ●Decisions taken or delegations exercised at this level may have an impact on agency operations but they are of limited management significance.

      ●Positions at this level may have supervisory responsibilities over staff operating a wide range of office equipment or undertaking a variety of tasks in the area of responsibility which may include planning and coordinating work across a number of work areas or activities. Staff in supervisory position would be expected to facilitate a participative decision making process and participate in decision making on issues relating to their work area.

      ●In some cases the difficult aspects of the work in an area will be undertaken by a position at this level with responsibility for supervising staff at lower levels doing work of a similar but less difficult nature. The extent to which staff with supervisory duties become involved in the operational work of an area will depend on such factors as priorities,the complexity of the work and the number of staff supervised.

      ●Position providing administrative support to senior officers may be classified in this level provided the complexity of the operational or administrative tasks performed is comparable to tasks typical of this level.

B.1.5 Administrative Officer Grade 5

      ●Positions at this level work under general direction in relation to established priorities,task methodology and work practices to achieve results in line with the corporate goals of the agency.

      ●The work may include preparing preliminary papers,drafting complex correspondence for senior officers,undertaking tasks of a specialist or detailed nature,assisting in the preparation of procedural guidelines,providing or interpreting information for clients or other interested parties;exercising specific process responsibilities,and overseeing and coordinating the work of subordinate staff.

      ●Positions at this level are found in a variety of environments and may undertake the management function of a small local office within a regional office structure.

      ●Work is performed under general direction as to work priorities and may be of a professional,project,procedural or processing nature or a combination of these.

      ●Direction exercised over positions at this level may be less direct than at lower levels and is usually related to tasks methodologies and work practices. Staff would be expected to set priorities and to monitor work flow in the area of responsibility.

      ●Independent action may be exercised at this level,for example,developing local procedures,management strategies and guidelines. Operating guidelines,procedures or resource allocation will usually be determined by senior management.

      ●Any decisions taken or delegations exercised would be limited by the application of rules,regulations,guidelines or procedures. While the decisions may have a minor impact on agency resources they are of limited management significance.

      ●The extent of supervisory responsibility would depend on the operational work of the area and factors such as work priorities,complexity of the work and the number of subordinate staff.

B.1.6 Administrative Officer Grade 6

      ●Positions at this level undertake various functions,under a wide range of conditions,to achieve a result in line with the corporate goals of the agency. Management of a program or activity in a central or regional office may be a feature of the work undertaken at this level. Immediate subordinate positions may include staff in technical or professional structures,in which case supervision relates to administrative purposes only.

      ●Positions at this level are found in a variety of operating environments and structural arrangements. The primary function may be:

      ●managing the operations of a discrete organisational element,program or activity;

      ●supervising the operations of an organisational element which is a part of a large office within a central or regional office environment;

      ●under limited direction in relation to priorities and work practices,providing administrative support to a particular program,activity or administrative function;or

      ●providing subject matter expertise or policy advice,including professional advice,across a range of programs or activities undertaken by the agency.

      ●Positions at this level may undertake the preparation of papers;investigate and present information with recommendations for decision by senior officers;draft responses to complex correspondence;undertake task of technical nature;undertake liaison and coordination within across functions including representing the agency at meetings,conferences and seminars;oversee and co-ordinate the work of other staff assisting with these tasks.

      ●Work is usually performed under limited direction as to work priorities and the detailed conduct of the task. Tasks may require professional knowledge,and may involve some coordination within or across agency functions.

      ●Direction exercised over positions at this level includes,depending on the functional role of the position,the provision of advice,guidance and/or direction in relation to a project,detailed processing,or other work practices.

      ●Independent action may be exercised within constraints set by senior management. The operating guidelines,procedures or resource allocation may be determined by senior management.

      ●Any decision taken or delegation exercised tends to be governed by the application of rules,regulations or agency operating instructions or procedures. While such decisions may impact on agency operations and resources,they are usually limited to the specific work area involved.

      ●Supervisory responsibilities would usually depend on the role of the position in the organisation. Staff at this level would be expected to set and achieve priorities,monitor work flow and/or manage staffing resources to meet objectives.

B.1.7 Administrative Officer Grade 7

      ●Positions at this level work under limited direction,usually manage the operations of an organisation element,undertake a management function or provide administrative or professional support to a particular program,activity or service to achieve a result in line with the corporate goals of the agency. In some circumstances the supervisor or subordinates may be,or include,staff in technical or professional structures,in which case supervision is generally for administrative purpose only.

      ●The work includes providing advice including policy,administrative or professional advice;undertaking tasks related to the management or administration of a program or activity;service delivery or corporate support functions,including project work,policy development;preparation or coordination of research papers,submission on policy professional or program issues,or administrative matters. Liaison with other elements of the organisation,other government agencies,State and local authorities or community organisations is usually a feature. It also includes the preparation,or overseeing the preparation of,correspondence and replies to parliamentary questions,ministerial representations and other briefing material;and representing the agency at meetings,conferences or seminars.

      ●Work is undertaken at this level with limited direction as to work priorities and the detailed conduct of the task. The tasks undertaken may be of a complex or specific nature encompassing a major area of agency operations.

      ●Direction exercises over positions at this level may,depending on the functional role of the position within the organisation,be by way of providing general guidance and advice.

      ●Positions at this level may have independence of action including the use and allocation of resources within the constraints laid down by senior management.

      ●Decisions taken or delegations exercised at this level may have major impact on the day to day operations of the work area. The impact of such decision to agency operations is likely to be limited to the work area or function in which the position is located. Delegations exercised may,depending on the role and function of the position,involve making determinations,instigating another course of action,or reviewing previous decision.

      ●Supervisory responsibilities may be an important function of a position at this level,but this can vary widely depending on factors such as work area,location,priorities,work load,operational deadlines and the availability of staff resources to assist.

      ●Guidelines,rules,instructions or procedures for use by other staff and interested parties may be developed at this level.

B.1.8 Administrative Officer Grade 8

      ●Positions at this level,usually under the broad direction of a senior executive or comparable officer,control an organisational element involved in the administration or coordination of a specific program,activity or corporate support function at either the section or branch head level,to achieve a result in line with the corporate goal of the agency. Immediate subordinate positions may include staff in technical or professional structure,in which case supervision is generally related to administrative purposes only.

      ●The work may include developing policy and/or providing policy,financial,specific subject matter or administrative advice,including professional advice or undertaking high level project work;developing,implementing and reviewing policy instructions and administrative or professional procedures for the guidance of functional elements of the agency;processing representations to the minister,overseeing preparation of replies to parliamentary questions,preparing executive briefing notices,drafting submissions and correspondence;liaising with other government bodies and community organisations including the provision of public information on programs,activities or services;and representing the agency at meetings,conferences or seminars.

      ●Work is undertaken at this level with broad direction in relation to priorities and the detailed conduct of the task. The tasks undertaken would be of a complex or specific nature encompassing a significant element of total agency operations.

      ●Positions at this level may have,depending on the role and function,significant independence of action including the use or allocation of resources within the constraints or guidelines laid down by senior management.

      ●Decisions taken at this level may,depending on the degree of autonomy of function,have significant impact on the day-to-day operations of the work area in which the position is located and may also have significant effects elsewhere within the agency. Delegations exercised at this level may,depending on the role and function of the position,involve being the final authority in the process of approving the expenditure of funds,undertaking specification in line with the policy of the agency,or reviewing any previous action or decisions in the work area.

      ●Management responsibilities are usually a significant function of position at this level. The percentage of the total work taken up in management functions and the character of the direction given to subordinates would depend on the nature of the work area,location,workload factors,priorities and staff resources allocated.

      ●The development of guidelines,rules,regulations,procedures or instruction is for either staff or other interested parties may be co-ordinated at this level.

B.2 Technical Stream

B.2.1 Technical Assistant

      At this level the position is essentially that of a technical officer-in-training. Under technical supervision performs straightforward tasks of a technical nature using well established techniques and practices,the work performed is closely supervised and direction is regular. Subject to the acquisition of skills and knowledge the incumbent will progress to Technical Officer Grade 1 after 12 months on the top of the Technical Assistant salary range.

B.2.2 Technical Officer Grade 1

      ●The technical officer at this level has a combination of simple and basic tasks associated with the area of work. Routine manual or intellectual procedures or tasks will be the main feature of positions at this classification.

      ●The technical officer provides assistance to senior technical staff and undertakes duties in accordance with standard procedures but under close supervision and direction.

      ●At this level there will be no supervisory responsibilities and no formal qualifications or experience is necessary.

B.2.3 Technical Officer Grade 2

      ●At this level the technical officer applies standardised practices and procedures in the conduct of a range of interrelated technical activities.

      ●The technical officer uses expertise,experience and technical skills as a broadly based technical practitioner within a single discipline and the work will be subject to routine direction from senior technical staff.

      ●Work at this level would require 12 months relevant experience or successful completion of Year 12 secondary school level studies or equivalent.

B.2.4 Technical Officer Grade 3

      ●At this level the technical officer carries out a range of clearly defined duties requiring interpretation,judgment,liaison and communication. It would be expected that they would use knowledge in a discrete technical discipline to determine which standard practices and procedures should be used and applied in the conduct of technical operations.

      ●In some cases the technical officer may provide reports and recommendations to management on technical suitability of equipment,procedures,processes and results and/or they may have supervisory responsibility for lower level staff including training in the procedures,techniques and accounting for their work.

      ●At this level,the technical officer may specialise in a single discipline and work subject to general direction on objectives and responsibilities.

      ●The technical officer at this level may perform work which spans more than one discipline,either as an individual operator or within a team,or may lead project teams on small technical projects.

      ●Work at this level will require relevant experience which would provide a working knowledge of the employee’s functions,and provide a sound knowledge of the major activities performed in the work area. At this level an advanced technical certificate (or an equivalent qualification) may be necessary.

B.2.5 Technical Officer Grade 4

      ●At this level,the technical officer is able to modify and adapt established principles/procedures. There may be a supervisory responsibility of an activity/work unit/program. In some cases the employee may occupy a supervisory or specialist position and control of work flow. Some budget administration and forward planning may also be present.

      ●The technical officer may provide policy advice to senior staff and may operate in more than one field or discipline.

      ●The incumbent will receive general direction in terms of objectives,will review implementation by subordinate staff of priorities and instructions and liaise with other work units.

      ●Prepare and develop training needs and programs for subordinate staff.

      ●At this level the possession of an associateship diploma or equivalent qualification may be required. However relevant experience providing a sound knowledge of a wide variety of aspects of the work area and other associated areas may be preferred.

B.2.6 Technical Officer Grade 5

      ●The technical officer at this level may be managerial,a specialist or a combination of both. The incumbent will provide specialist advice and liaison with other units,establish procedures,operating principles or technical standards and can operate in more than one field or discipline.

      ●The technical officer manager may be required to prepare unit/program budgets,develop mechanisms for training programs,administration of a budget and forward planning.

      ●At this level the technical officer’s decisions are not subject to regular review but may be reviewed for policy and economic effectiveness and there is a high-level of independent decision-making.

      ●The incumbent will be responsible to a manager but has some independence of action within guidelines.

      ●The technical officer at this level will be required to possess a tertiary level education at diploma level (or equivalent) and possess relevant experience.

B.2.7 Technical Officer Grade 6

      At this level,the technical officer may be a manager or a specialist or a combination of both.

      ●The incumbent may be a manager of a major work unit engaged in complex activities/programs which may involve significant policy issues,or be responsible for a highly complex,novel or critical activity in an aspect of technical work where it is necessary to select/modify established principles,technologies,procedures and methods.

      ●The technical officer at this level will provide authoritative technical guidance to others and make decisions concerning technical work not usually subject to review,provide a significant input into the policy formulation and execution of programs which may be associated with one or more work areas.

      ●Direction will only be given in terms of broad objectives including critical areas which may impinge on the work of other units.

      ●At this level the technical officer will have gained a sound theoretical knowledge,through satisfactory completion of an appropriate course of study and/or gained wide experience in relevant technical activities.

      ●In addition,the incumbent would be expected to have the capacity to manage human and material resources.

B.2.8 Technical Officer Grade 7

      At this level the technical officer may be a manager,a specialist or a combination of both.

      ●The incumbent in a manager’s role will have greater resources to control,(as compensated with the grade 6 position) and will have a greater range of functions requiring being controlled.

      ●Positions at this level are responsible for ensuring the effectiveness and efficiency of major technical programs. This involves the management of these programs,the initiation of new programs in collaboration with others,the supervision and training of staff,the overseeing of the more complex aspects of the work to ensure work quality and satisfactory output against program performance indicators.

      ●Guidance will be very limited and is received only in relation to policy and budget inputs.

      ●Work at this level embraces the need for the modification or adaptation of existing guidelines,practices and techniques,sometimes entailing significant intellectual challenge.

B.3 Professional Stream

B.3.1 Professional Officer Grade 1

      ●The professional officer at this level has a combination of simple and basic tasks associated with the professional discipline,involving the provision of a service or information to support the work of others.

      ●The professional officer at this level undertakes duties in accordance with standard procedure and is under close supervision and direction. The incumbent has no supervisory responsibilities and is expected to resolve minor problems.

      ●At this level no formal qualifications or experience is required.

B.3.2 Professional Officer Grade 2

      ●The professional officer at this level may be allocated assignments of a limited scope and complexity and may comprise a minor phase of a broader or complex assignment.

      ●The incumbent may be required to assist senior staff in carrying out complex tasks or procedures,select and apply established principles,procedures and methods and exercise judgment and initiative in recognising the significance of deviations from the norm where standard approaches are used.

      ●The incumbent may be required to design,co-ordinate and check work of sub-professional staff required to work on a common project.

      ●The work may be specifically directed and closely supervised by higher level professional staff and may be assigned by oral or written instruction which may include details of methods and procedures to be followed.

      ●The incumbent will possess sound theoretical knowledge gained by satisfactory completion of an appropriate course of study at a recognised tertiary institution or through experience which is appropriate for the efficient discharge of the duties of the position at this level.

B.3.3 Professional Officer Grade 3

      ●At this level,the professional officer performs normal professional work where assignments may be broad in scope and involve complex technical problems.

      ●It will be expected that the incumbent will exercise a high degree of independence in the selection and application of established principles,technologies,procedures and methods,and exercise independent judgment and initiative in recognising when established approaches may require amplification,adoption or modification.

      ●The professional officer at this level may work alone and may assign,co-ordinate and check work of subordinate staff required to work on a common project and provide limited professional guidance to others. Specific direction is given as to objectives but professional directions are limited to unusual features of assignments. Guidance may be required for the complex approaches.

      ●The professional officer at this level must have sound professional knowledge gained through satisfactory completion of an appropriate course of study at a recognised tertiary institution. In some cases such knowledge may be gained through experience working at this level.

      ●The incumbent will have demonstrated skills and possess experience in professional,communicative and administrative aspects of the work.

B.3.4 Professional Officer Grade 4

      ●At this level,the professional officer may be managerial,a specialist position or a combination of both. The incumbent may be responsible for the sustained supervision of an activity or program of a work unit involving normal professional work or responsible for a highly complex,novel or critical activity in an aspect of professional work where it is necessary to select and/or modify and adapt established principles,technologies,procedures and methods.

      ●The professional officer may be required to assign,co-ordinate and verify the work of subordinate staff in a work unit engaged in professional activities or programs and/or provide authoritative professional guidance to others.

      ●General direction is given in terms of objectives and priorities,including critical areas which may impinge on work of other units. Decisions concerning normal professional work are not usually subject to review. Expert professional advice may be obtained from consultants to resolve highly complex issues.

      ●The professional officer at this level provides a significant input into the policy formulation and execution of programs which may be associated with one or more areas of an employer’s operations.

      ●May assist a more senior professional in the direction of professional activities in an institution.

      ●Sound theoretical knowledge is required and this knowledge may be gained through the satisfactory completion of an appropriate course of study,and/or wide experience in a professional activity.

      ●The incumbent would be expected to demonstrate a capacity to manage human and material resources.

B.3.5 Professional Officer Grade 5

      ●The professional officer at this level may be either a manager or a senior specialist or have a combination of both functions.

      ●The incumbent will be responsible for the professional,economic and administrative management of a professional work unit engaged in complex activities or programs requiring the allocation of significant human and material resources and/or the provision of practical and economic solutions to highly complex professional problems in an aspect of professional work.

      ●In addition,the professional officer at this level will be responsible for developing,implementing,reviewing major policies,objectives and strategies involving high level liaison/consultation with client areas (internal and external) and/or the exercise originality and ingenuity for devising practical and economic solutions to complex problems. Authority may be exercised over other specialists engaged in complex professional applications.

      ●At this level,the professional officer may be required to possess post-graduate qualifications for some specialist positions.

      ●Extensive experience in the specialist field or management of human and material resources is necessary.

      ●The incumbent will possess a comprehensive knowledge of the relevant programs.

B.4 General Stream

B.4.1 Field Worker –Level 1 (FW 1)

      (a) A FW 1 works under general supervision. An employee at FW 1 will have:

      (i) successfully completed,in accordance with RPL principles,a skills test equivalent to the required competency standards;or

      (ii) successfully completed a relevant structured training program equivalent to the required competency standards;or

      (iii) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

      (b) An employee at the FW1:

      (i) is responsible for the quality of their own work subject to general supervision;

      (ii) works under general supervision either individually or in a team environment;

      (iii) exercises discretion within their level of skills and training;

      (iv) works in a safe manner;

      (v) identifies basic faults in materials and equipment;

      (vi) interacts harmoniously with employees;

      (vii) adapts to a changing work environment;

      (viii) communicates essential information;and

      (ix) works from instructions and procedures articulated in written,spoken and/or diagrammatic form.

      (c) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be required to perform a range of duties across the skill streams contained within this award. An employee at this level:

        works from instructions and procedures;

        assists in the provision of on-the-job training to a limited degree;

        co-ordinates work in a team environment or works individually under general supervision;

        is responsible for assuring the quality of their own work;

B.4.2 Field Worker Level 2 (FW 2)

      (a) FW 2 works under limited supervision. A FW 2 will:

      (i) have completed in accordance with RPL principles a Skills Test equivalent to the required competency standards;or

      (ii) have completed relevant structured training equivalent to the required competency standards;or

      (iii) successfully completed formally recognised accredited training so as to enable the employee to perform work within the scope of this level;or

      (iv) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard.

      (b) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be responsible for the supervision of one or more employees working at FW 1 level.

      (iii) An employee at this level:

        ●assists with the provision of on-the-job training;

        ●assumes responsibility for allocating tasks within the area of the employee’s skill,competence and training;

        ●works from complex instructions and procedures;

        ●co-ordinates work in a team environment or works individually under general supervision;

        ●is responsible for assuring the quality of their work;

        ●works in a safe manner;

      (c) Indicative tasks which an employee at this level may perform include the following:

      ●non-trades maintenance of relevant plant and equipment;

      ●anticipates and plans for constant changes to the work environment.

      ●materials handling;

      ●uses measuring and levelling instruments;

      ●performs basic quality checks on the work of others;

B.4.3 Field Worker Level 3 (FW 3)

      (a) A FW 3 works individually or in a team environment in one or more skill streams contained within this award. A CW/FW 3 will:

      (i) have successfully completed a relevant trade apprenticeship or its AQF equivalent;or

      (ii) have successfully completed,in accordance with RPL principles,a Skills Test for this level;or

      (iii) have successfully completed the required competency standards;or

      (iv) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard,

      any one of which will qualify the employee as a FW 3.

      (b) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be responsible for the supervision of one or more employees working at FW 1 or FW 2 level.

      (iii) An employee at this level:

        ●understands and applies quality control techniques;

        ●exercises discretion within the scope of this grade;

        ●performs work of a trades or non-trades nature which is incidental or peripheral to the employee’s main function and facilitates the completion of the whole task;

        ●is able to inspect products and/or materials for conformity with established operational standards;

        ●assists in the provision of on-the-job training;

        ●performs work under limited supervision either individually or in a team environment.

B.5 VicRoads Field Division

B.5.1 Roadworker Level 1

      A person at this level:

      (i) works under direct supervision;

      (ii) performs basic routine manual duties;

      (iii) may receive training on,and operate minor plant;

      (iv) exercises minimal judgement in performance of tasks;

      (v) works within well established work practices;

      (vi) assists in traffic control.

B.5.2 Roadworker Level 2

      A person at this level:

      (i) works under routine supervision;is responsible for the quality of their own work subject to that supervision;

      (ii) performs a limited variety of skilled manual tasks;

      (iii) may receive training in and operate major plant;

      (iv) exercises some discretion in the performance of their tasks,particularly with regard to OH&S matters and the safety of the work team and public;

      (v) works to standardised procedures;

      (vi) performs routine record keeping.

B.5.3 Roadworker Level 3

      (i) A person at this level:

      (ii) works under general supervision;either individually or in a team environment;

      (iii) performs a variety of skilled manual tasks and/or is a competent operator of major plant;

      (iv) exercises discretion in the performance of their activities although results would be reviewed regularly;

      (v) has the work arrangement largely dictated by the surrounding work flow;

      (vi) provides guidance and assistance to the work team;

      (vii) understands and applies quality control techniques;

      (viii) with limited direction consults with other employees for the purpose of successfully completing tasks for a routine nature.

B.5.4 Roadworker Level 4

      A person at this level is normally in charge of a small group of employees:

      (i) receives supervision in relation to the work outputs and standards and the program of work activities;

      (ii) provides direction and guidance to a small work unit on day to day activities;

      (iii) assists in the training of employees in conjunction with managers and trainers;

      (iv) exercises discretion in the way work may be organised within the work team;

      (v) understands and applies quality control techniques;

      (vi) exercises good interpersonal and communication skills;

      (vii) performs a variety of skilled manual tasks and/or is a competent operator of major plant.

B.5.5 Works Manager Level 1

      At this level employees are responsible for the management of jobs with multiple tasks,a medium-sized gang and manages work of a greater complexity than is required at the Roadworker In Charge level. Employees are responsible for planning and programming of works of a reasonably complex nature.

      At this level employees work under limited direction,exercises broad discretion within the scope of the level and have quality control responsibilities at a higher level than at the Roadworker In Charge level. They are responsible for effective interaction between work activities and the public,and may perform a variety of skilled manual tasks and/or operate plant where incidental to his/her supervisory duties.

      Employees at this level assist in the provision of training of employees,in conjunction with trainers.

B.5.6 Works Manager Level 2

      At this level employees are responsible for the management of multiple gangs,or works which require co-ordination,has responsibility to plan,program and co-ordinate a number of activities and works within general guidelines as to the completion and outputs of the works being managed. An employee at this level may supervise the performance of major construction and maintenance contracts,liaise with,and co-ordinate works involving,other authorities and affected land owners. Employees will assist in the development and management of quality control programs.

      Employees at this level take a leadership role in staff development and assist in the development of training programs and conduct components of the training program.

B.5.7 Works Manager Level 3

      This level requires a detailed knowledge of construction and maintenance activities involving a high degree of autonomy and independent judgement.

      At this level employees are responsible for the co-ordination of the field workforce in a project or region to meet VicRoads construction and maintenance requirements;and/or the review and development of work methods and techniques. Employees are responsible for administration,organisation and supervision of construction and maintenance activities with a high public profile,or of large projects involving multiple contracts and sub-contractors,plans and implements those programs necessary to achieve the objectives of particular projects. Employees are responsible for the co-ordination of general and complex activities engaged on projects requiring complex and specialised knowledge. Works Managers 3 are responsible for the review,development and implementation of work methods and for employee counselling and development. Employees at this level manage the collection and recording of data for the road management information systems.

B.5.8 Surveillance Manager Level 1

      At this level employees will be on the site representative of the Superintendent for the Contract. Employees will assist Contract Administrators with monitoring the process of the contracted work in terms of quality and quantity. They will work under limited supervision and are expected to program their activities,which may involve multiple visits to a number of work sites.

      At this level employees will be responsible for multiple contracts or single contracts of a reasonably complex nature. They will be responsible for:

        •Surveillance of quality assured contracts;

        •Influencing contractors to achieve the contracted work to the specified standards;

        •Maintenance of job record and other relevant documentation;

        •Assistance with other program delivery activities including organising delivery of minor works;and

        •Liaison with landowners,service authorities and other relevant stakeholders.

B.5.9 Surveillance Manager Level 2

      At this level employees are required to assist with the delivery or the works program or project. Employees will assist in the development and management of quality control programs and participate in audit and training activities within the business area.

      In addition to the requirements at level one,at this level employees are responsible for:

        •Surveillance of multiple and/or complex quality assured contracts;

        •Preparation of reports;

        •Conduct internal quality audits;

        •Providing specialist advice on technical matters in at least one of the following areas,OH&S,Environmental Management,Worksite Traffic Management or Construction Techniques;and

        •Assisting in the development of other staff within their business area with a focus on one on one coaching.

B.5.10 Surveillance Manager Level 3

      At this level,employees conduct auditing and surveillance of contracts with a high public profile,and coordinate general and specialised project activities requiring complex and specialised knowledge.

      In addition to the requirements at level two,at this level employees are responsible for:

        •Development of procedures and practices to achieve more effective and efficient surveillance and auditing of works;

        •Providing specialist advice on technical matters in two or more of the following areas,OH&S,Environmental Management,Worksite Traffic Management or Construction Techniques;

        •Coordinate the development of Surveillance Managers within the Division;and

        •Assisting in the development of other staff within their Division and conducting training for small to medium sized groups.

Schedule C—Supported Wage System

[Sched C varied by PR581528,PR592689,PR606630,PR709080]

C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

C.2 In this schedule:

      approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system

      assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

      disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth),as amended from time to time,or any successor to that scheme

      relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

      supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au

      SWS wage assessment agreement means the document in the form required by the Department of Education,Employment and Workplace Relations that records the employee’s productive capacity and agreed wage rate

C.3 Eligibility criteria

C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

C.4 Supported wage rates

C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

    Assessed capacity (clause C.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[C.4.2 varied by PR581528,PR592689,PR606630,PR709080 ppc 01Jul19]

C.4.2 Provided that the minimum amount payable must be not less than $87 per week.

C.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.

C.5 Assessment of capacity

C.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.

C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement,and retained by the employer as a time and wages record in accordance with the Act.

C.6 Lodgement of SWS wage assessment agreement

C.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.

C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

C.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

C.8 Other terms and conditions of employment

Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

C.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.

C.10 Trial period

C.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[C.10.3 varied by PR581528,PR592689,PR606630,PR709080 ppc 01Jul19]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.

C.10.4 Work trials should include induction or training as appropriate to the job being trialled.

C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause C.5.

Schedule D—School-based Apprentices

D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.

D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.

D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award,calculated hourly,will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

D.4 For the purposes of clause D.3,where an apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.

D.5 A school-based apprentice must be allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

D.6 For the purposes of this schedule,off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.

D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice,or at the rate of 12 months progression for each two years of employment as an apprentice,or at the rate of competency based progression if provided for in this award.

D.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration),or stages of competency based progression if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

D.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule E—National Training Wage

[Varied by PR579961,PR592237,PR606460,PR707574]

E.1 Title

This is the National Training Wage Schedule.

E.2 Definitions

In this schedule:

      adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A,B or C if covered by that wage level

      approved training means the training specified in the training contract

      Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training

      out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

      (a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

      (b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10;and

      (c) not include any period during a calendar year in which a year of schooling is completed

      relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation

      relevant State or Territory vocational education and training legislation means the following or any successor legislation:

      Australian Capital Territory:Training and Tertiary Education Act 2003;

      New South Wales:Apprenticeship and Traineeship Act 2001;

      Northern Territory:Northern Territory Employment and Training Act 1991;

      Queensland:Vocational Education,Training and Employment Act 2000;

      South Australia:Training and Skills Development Act 2008;

      Tasmania:Vocational Education and Training Act 1994;

      Victoria:Education and Training Reform Act 2006;or

      Western Australia:Vocational Education and Training Act 1996

      trainee is an employee undertaking a traineeship under a training contract

      traineeship means a system of training which has been approved by the relevant State or Territory training authority,which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council,and which leads to an AQF certificate level qualification

      training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority

      training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth,State and Territory Ministers responsible for vocational education and training,and includes any relevant replacement training package

      year 10 includes any year before Year 10

E.3 Coverage

E.3.1 Subject to clauses E.3.2 to E.3.6 of this schedule,this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix E1 to this schedule or by clause E.5.4 of this schedule.

E.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix E1 to this schedule.

E.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

E.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

E.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships,the other terms and conditions of this award prevail.

E.3.6 At the conclusion of the traineeship,this schedule ceases to apply to the employee.

E.4 Types of Traineeship

The following types of traineeship are available under this schedule:

E.4.1 a full-time traineeship based on 38 ordinary hours per week,with 20% of ordinary hours being approved training;and

E.4.2 a part-time traineeship based on less than 38 ordinary hours per week,with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job,or where training is fully off-the-job.

E.5 Minimum Wages

[E.5 varied by PR579961,PR592237,PR606460,PR707574 ppc 01Jul19]

E.5.1 Minimum wages for full-time traineeships

      (a) Wage Level A

      Subject to clause E.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per week

      per week

      per week

       

      $

      $

      $

      School leaver

      332.80

      366.50

      436.60

      Plus 1 year out of school

      366.50

      436.60

      508.10

      Plus 2 years out of school

      436.60

      508.10

      591.30

      Plus 3 years out of school

      508.10

      591.30

      677.00

      Plus 4 years out of school

      591.30

      677.00

       

      Plus 5 or more years out of school

      677.00

        

      (b) Wage Level B

      Subject to clause E.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per week

      Per week

      per week

       

      $

      $

      $

      School leaver

      332.80

      366.50

      424.80

      Plus 1 year out of school

      366.50

      424.80

      488.60

      Plus 2 years out of school

      424.80

      488.60

      573.10

      Plus 3 years out of school

      488.60

      573.10

      653.70

      Plus 4 years out of school

      573.10

      653.70

       

      Plus 5 or more years out of school

      653.70

        

      (c) Wage Level C

      Subject to clause E.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per week

      per week

      per week

       

      $

      $

      $

      School leaver

      332.80

      366.50

      424.80

      Plus 1 year out of school

      366.50

      424.80

      478.20

      Plus 2 years out of school

      424.80

      478.20

      534.30

      Plus 3 years out of school

      478.20

      534.30

      595.20

      Plus 4 years out of school

      534.30

      595.20

       

      Plus 5 or more years out of school

      595.20

        

      (d) AQF Certificate Level IV traineeships

      (i) Subject to clause E.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

      (ii) Subject to clause E.5.3 of this schedule,the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows,provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

      Wage level

      First year of traineeship

      Second and subsequent years of traineeship

       

      per week

      per week

       

      $

      $

      Wage Level A

      703.20

      730.40

      Wage Level B

      678.40

      704.40

      Wage Level C

      617.40

      640.70

E.5.2 Minimum wages for part-time traineeships

      (a) Wage Level A

      Subject to clauses E.5.2(f) and E.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per hour

      per hour

      per hour

       

      $

      $

      $

      School leaver

      10.95

      12.07

      14.37

      Plus 1 year out of school

      12.07

      14.37

      16.73

      Plus 2 years out of school

      14.37

      16.73

      19.45

      Plus 3 years out of school

      16.73

      19.45

      22.26

      Plus 4 years out of school

      19.45

      22.26

       

      Plus 5 or more years out of school

      22.26

        

      (b) Wage Level B

      Subject to clauses E.5.2(f) and E.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per hour

      per hour

      per hour

       

      $

      $

      $

      School leaver

      10.95

      12.07

      13.99

      Plus 1 year out of school

      12.07

      13.99

      16.08

      Plus 2 years out of school

      13.99

      16.08

      18.87

      Plus 3 years out of school

      16.08

      18.87

      21.52

      Plus 4 years out of school

      18.87

      21.52

       

      Plus 5 or more years out of school

      21.52

        

      (c) Wage Level C

      Subject to clauses E.5.2(f) and E.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per hour

      per hour

      per hour

       

      $

      $

      $

      School leaver

      10.95

      12.07

      13.99

      Plus 1 year out of school

      12.07

      13.99

      15.73

      Plus 2 years out of school

      13.99

      15.73

      17.57

      Plus 3 years out of school

      15.73

      17.57

      19.58

      Plus 4 years out of school

      17.57

      19.58

       

      Plus 5 or more years out of school

      19.58

        

      (d) School-based traineeships

      Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A,B or C by Appendix E1 are as follows when the trainee works ordinary hours:

    Year of schooling

    Year 11 or lower

    Year 12

    per hour

    per hour

    $

    $

    10.95

    12.07

      (e) AQF Certificate Level IV traineeships

      (i) Subject to clauses E.5.2(f) and E.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

      (ii) Subject to clauses E.5.2(f) and E.5.3 of this schedule,the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows,provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

      Wage level

      First year of traineeship

      Second and subsequent years of traineeship

       

      per hour

      per hour

       

      $

      $

      Wage Level A

      23.12

      24.03

      Wage Level B

      22.29

      23.15

      Wage Level C

      20.31

      21.08

      (f) Calculating the actual minimum wage

      (i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week,the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses E.5.2(a)(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

      (ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation,for example at school or at TAFE,the relevant minimum wage in clauses E.5.2(a)(e) of this schedule applies to each ordinary hour worked by the trainee.

      (iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job,the relevant minimum wage in clauses E.5.2(a)(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

E.5.3 Other minimum wage provisions

      (a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

      (b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship,or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship,then the trainee must be paid the next highest minimum wage provided in this schedule,where a higher minimum wage is provided for the new AQF certificate level.

E.5.4 Default wage rate

      The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix E1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

E.6 Employment conditions

E.6.1 A trainee undertaking a school-based traineeship may,with the agreement of the trainee,be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave,paid personal/carer’s leave and paid absence on public holidays,provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.

E.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in,or associated with,the training contract.

E.6.3 Time spent by a trainee,other than a trainee undertaking a school-based traineeship,in attending any training and assessment specified in,or associated with,the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.

      Note:The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause E.5.2(f)(ii) and not by this clause.

      Subject to clause E.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.

Appendix E1:Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

E1.1 Wage Level A

    Training package

    AQF certificate level

    Aeroskills

        II

    Aviation

        I
        II
        III

    Beauty

        III

    Business Services

        I
        II
        III

    Chemical,Hydrocarbons and Refining

        I
        II
        III

    Civil Construction

        III

    Coal Training Package

        II
        III

    Community Services

        II
        III

    Construction,Plumbing and Services Integrated Framework

        I
        II
        III

    Correctional Services

        II
        III

    Drilling

        II
        III

    Electricity Supply Industry—Generation Sector

        II
        III (in Western Australia only)

    Electricity Supply Industry—Transmission,Distribution and Rail Sector

        II

    Electrotechnology

        I
        II
        III (in Western Australia only)

    Financial Services

        I
        II
        III

    Floristry

        III

    Food Processing Industry

        III

    Gas Industry

        III

    Information and Communications Technology

        I
        II
        III

    Laboratory Operations

        II
        III

    Local Government (other than Operational Works Cert I and II)

        I
        II
        III

    Manufactured Mineral Products

        III

    Manufacturing

        I
        II
        III

    Maritime

        I
        II
        III

    Metal and Engineering (Technical)

        II
        III

    Metalliferous Mining

        II
        III

    Museum,Library and Library/Information Services

        II
        III

    Plastics,Rubber and Cablemaking

        III

    Public Safety

        III

    Public Sector

        II
        III

    Pulp and Paper Manufacturing Industries

        III

    Retail Services (including wholesale and Community pharmacy)

        III

    Telecommunications

        II
        III

    Textiles,Clothing and Footwear

        III

    Tourism,Hospitality and Events

        I
        II
        III

    Training and Assessment

        III

    Transport and Distribution

        III

    Water Industry (Utilities)

        III

E1.2 Wage Level B

    Training package

    AQF certificate level

    Animal Care and Management

        I
        II
        III

    Asset Maintenance

        I
        II
        III

    Australian Meat Industry

        I
        II
        III

    Automotive Industry Manufacturing

        II
        III

    Automotive Industry Retail,Service and Repair

        I
        II
        III

    Beauty

        II

    Caravan Industry

        II
        III

    Civil Construction

        I

    Community Recreation Industry

        III

    Entertainment

        I
        II
        III

    Extractive Industries

        II
        III

    Fitness Industry

        III

    Floristry

        II

    Food Processing Industry

        I
        II

    Forest and Forest Products Industry

        I
        II
        III

    Furnishing

        I
        II
        III

    Gas Industry

        I
        II

    Health

        II
        III

    Local Government (Operational Works)

        I
        II

    Manufactured Mineral Products

        I
        II

    Metal and Engineering (Production)

        II
        III

    Outdoor Recreation Industry

        I
        II
        III

    Plastics,Rubber and Cablemaking

        II

    Printing and Graphic Arts

        II
        III

    Property Services

        I
        II
        III

    Public Safety

        I
        II

    Pulp and Paper Manufacturing Industries

        I
        II

    Retail Services

        I
        II

    Screen and Media

        I
        II
        III

    Sport Industry

        II
        III

    Sugar Milling

        I
        II
        III

    Textiles,Clothing and Footwear

        I
        II

    Transport and Logistics

        I
        II

    Visual Arts,Craft and Design

        I
        II
        III

    Water Industry

        I
        II

E1.3 Wage Level C

    Training package

    AQF certificate level

    Agri-Food

    I

    Amenity Horticulture

    I
    II
    III

    Conservation and Land Management

    I
    II
    III

    Funeral Services

    I
    II
    III

    Music

    I
    II
    III

    Racing Industry

    I
    II
    III

    Rural Production

    I
    II
    III

    Seafood Industry

    I
    II
    III

   

About this document
(1)
Code:
MA000134
Title:
Victorian State Government Agencies Award 2015
Effective:
20 Jun 2019
Updated:
24 Jun 2019
Instrument Type:
Modern Award
(4)
Victorian State Government Agencies Award 2015
Victorian State Government Agencies Award 2015
Victorian State Government Agencies Award 2015
Victorian State Government Agencies Award 2015
Victorian State Government Agencies Award 2015
(1)
(1)
19 Jan 2017
Related Information
1.0.11.0 SD