FWO - external award viewer · Library

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, PR733975, PR774863, PR777370]

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

[Definition of casual employee inserted by PR733975 from 27Sep21; varied by PR777370 from 27Aug24]

casual employee has the meaning given by section 15A of the Act

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

commencement date means the date specified in clause 2.1

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

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

[Definition of employee organisation inserted by PR774863 from 01Jul24]

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

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

[Definition of enterprise inserted by PR774863 from 01Jul24]

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

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

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

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

[Definition of small business employer inserted by PR774863 from 01Jul24]

small business employer has the meaning given by section 23 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 12—Minimum 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

[Definition of workplace delegate inserted by PR774863 from 01Jul24]

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

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

4. Application

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

5. Coverage

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

5.2 This award does not cover:

(a) employees who are covered by any other State reference public sector modern award or any employer in relation to those employees;

(b) employees excluded from award coverage by the Act; or

(c) an employer who, on 1 January 2014, was covered by an award listed in Schedule A—Excluded Awards.

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

6. The National Employment Standards and this award

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

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

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

7. Award flexibility

7.1 Notwithstanding any other provision of this award, the employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

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

7.3 The agreement between the employer and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and

(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(b) state each term of this award that the employer and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and

(e) state the date the agreement commences to operate.

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

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

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

7.8 The agreement may be terminated:

(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the employer and the individual employee.

Note: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

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

7A. Employee right to disconnect

[7A inserted by PR778118 from 26Aug24]

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

NOTE:

(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:

(1) their employer outside of the employee’s working hours,

(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.

(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.

(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.

(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.

(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.

7A.2 Clause 7A applies from the following dates:

(a) 26 August 2024—for employers that are not small business employers on this date and their employees.

(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.

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

7A.4 Clause 7A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:

(a) the employee is being paid the stand-by allowance under clause 15.2(b); and

(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the stand-by.

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

Part 2—Types of Employment and Classifications

8. Types of employment

[Varied by PR733975]

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

[8.6(a) deleted by PR733975 from 27Sep21]

[8.6(b) renumbered as 8.6(a) by PR733975 from 27Sep21]

(a) For each ordinary hour worked, a casual employee must be paid:

(i) the ordinary hourly rate; and

(ii) a loading of 25% of the ordinary hourly rate;

for the classification in which they are employed.

[8.6(c) renumbered as 8.6(b) by PR733975 from 27Sep21]

(b) The casual loading is paid instead of all paid leave other than long service leave, public holidays not worked and to compensate for the nature of casual work.

[8.6(d) renumbered as 8.6(c) by PR733975 from 27Sep21]

(c) Payment for work performed by a casual employee will be for not less than three consecutive hours in any day worked except:

(i) where the employee works from home by agreement with the employer; or

(ii) in exceptional circumstances.

[8.6(e) renumbered as 8.6(d) by PR733975 from 27Sep21]

(d) All other provisions of this award apply to casual employees except as expressly excluded.

9. Classifications

9.1 Classifications under this award are within the following streams:

(a) Administrative Stream;

(b) Technical Stream;

(c) Professional Stream; and

(d) General Stream.

9.2 Classification definitions are set out in Schedule 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 12—Minimum 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

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

[Varied by PR579961, PR592237, PR606460, PR707574, PR718952, PR729399, PR740823, PR762243, PR774025]

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, PR718952, PR729399, PR740823, PR762243, PR774025 ppc 01Jul24]

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

12.2 Technical stream

[12.2 varied by PR579961, PR592237, PR606460, PR707574, PR718952, PR729399, PR740823, PR762243, PR774025 ppc 01Jul24]

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

12.3 Professional stream

[12.3 varied by PR579961, PR592237, PR592237, PR606460, PR707574, PR718952, PR729399, PR740823, PR762243, PR774025 ppc 01Jul24]

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

12.4 General stream

[12.4 varied by PR579961, PR592237, PR606460, PR707574, PR718952, PR729399, PR740823, PR762243, PR774025 ppc 01Jul24]

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	51,306	1966.60	25.88	32.35
FW 2	2	52,340	2006.20	26.40	33.00
FW 3	3	53,869	2064.80	27.17	33.96

12.5 Supported wage system

See Schedule C.

12.6 School-based apprentices

See Schedule D.

12.7 National training wage

See Schedule E.

13. Payment of salaries

13.1 All salaries must be paid fortnightly and must be paid by direct credit to a bank account, credit union or building society.

13.2 The amount payable fortnightly will be calculated as follows:

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, PR718952, PR719104, PR729399, PR729578, PR740823, PR740982, PR750884, PR762243, PR762296, PR774025, PR774193]

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, PR718952, PR729399, PR762243, PR774025 ppc 01Jul24]

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

(b) Expense related allowances

[15.1(b) varied by PR579741, PR592387, PR606610, PR704228, PR707784, PR719104, PR729578, PR740982, PR762296, PR774193 ppc 01Jul24]

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

15.2 Wage related allowances

(a) First aid allowance

(i) The employer may nominate an employee as a first aid officer for a given workplace.

(ii) Where an employee so nominated holds a first aid certificate issued by the St John Ambulance Association or a qualification deemed equivalent the employer may authorise the payment to such an employee of the first aid allowance.

(b) Stand-by allowance

(i) A stand-by allowance is payable to an employee who is required to be on stand-by outside their ordinary hours of duty and available to:

· perform work away from their usual place or places of work; or

· return to their usual place or places of work within a specified maximum period of time.

(ii) The allowance will constitute total compensation for any intermittent duty in connection with stand-by performed for up to a total of one hour’s duration. An employee who is required to return to work when on stand-by will, after the first hour, be compensated for each hour or part hour worked, in accordance with the overtime provisions of this award.

(iii) The stand-by allowance does not apply where stand-by is incorporated into total remuneration or is otherwise compensated.

15.3 Expense related allowances

(a) Equipment allowance

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

(b) Overtime meal allowance

(i) An overtime meal allowance is payable to an employee who is required to work a period of overtime which:

(A) is immediately before or after a scheduled period of ordinary duty and is not less than two hours; or

(B) is not immediately before or after a scheduled period of ordinary duty, and either:

· includes a meal break of not less than 20 minutes taken prior to the completion and not less than four hours after the commencement of the overtime; or

· where the period of duty is not less than four hours and the taking of a meal break is precluded by reason of safety requirements.

(ii) An employee eligible for a meal allowance provided for under this clause who purchases a meal of two or more courses at a canteen, cafeteria, mess room or dining room conducted by the employer which is less than the allowance, must be reimbursed the actual cost of such a meal instead of the allowance.

(i) An employee who is directed to work temporarily at a location other than their normal place of employment may, subject to the following provisions, be granted time off during normal hours of duty in respect of any period of excess travelling time so incurred, or must be reimbursed at the ordinary rate of pay (calculated to the nearest quarter hour) for time reasonably spent in travelling to and from the place of residence and the designated place of work outside normal working hours (in excess of the time normally spent in travelling from the place of residence to the usual place of work and return).

(ii) Provided that a journey involving excess travelling time of less than 30 minutes daily must not be taken into account and it will be granted only to employees whose salary does not exceed that prescribed for the highest subdivision of Administrative Officer Grade 6.

(d) Travel, accommodation and other incidental expenses

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

(e) Motor vehicle

(i) An employee who by agreement with the employer uses their own private motor vehicle in the course of their duties must be paid the vehicle allowance.

(ii) An allowance will not be payable in respect of travelling in excess of 16,000 km in any financial year unless the prior approval of the employer has been obtained for such travelling.

15.4 Automatic adjustment of wage-related allowances

[New 15.4 inserted by PR750884 ppc 15Mar23]

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

15.5 Adjustment of expense related allowances

[15.4 renumbered as15.5 by PR750884 ppc 15Mar23]

(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

[Varied by PR771410]

17.1 Superannuation legislation

[17.1 substituted by PR771410 ppc 09Apr24]

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

(b) The rights and obligations in clause 17 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

17.2 Employer contributions

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

17.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 17.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 17.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 17.3(a) or (b) was made.

17.4 Superannuation fund

[17.4 varied by PR771410 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 17.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 17.2 and pay any amount authorised under clauses 17.3(a) or 17.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a) VicSuper;

(b) Vision Super;

(c) Equip Super;

(d) HESTA;

(e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(f) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Penalties and Overtime

18. Shiftwork

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

Shift	Period	Loading	Total payment rate
Monday to Friday – 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

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:

· provide for the employee to take any period of leave of less than one week;

· provide for the employee to take any period of leave commencing less than eight weeks after the day the notice is given to the employer;

· provide for the employee to take any period of leave commencing more than 12 months after the day the notice is given to the employer; or

· be inconsistent with any leave arrangement agreed between the employer and employee.

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

(iv) Dispute resolution

Without limiting the dispute resolution clause of this award, an employer or an employee may refer the following matters to the Fair Work Commission under the dispute resolution clause:

· a dispute about whether the employer or employee has requested a meeting and genuinely tried to reach agreement under clause 20.3(b)(i);

· a dispute about whether the employer has unreasonably refused to agree to a request by the employee to take paid annual leave; and

· a dispute about whether a direction to take leave complies with clause 20.3(b)(ii) or whether a notice requiring leave to be granted complies with clause 20.3(b)(iii).

20.4 Cashing Out of Annual Leave

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

(b) An employer and an employee may agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave provided that the following requirements are met:

(i) each cashing out of a particular amount of accrued paid annual leave must be by a separate agreement between the employer and the employee which must:

· be in writing and retained as an employee record;

· state the amount of accrued leave to be cashed out and the payment to be made to the employee;

· state the date on which the payment is to be made, and

· be signed by the employer and employee and, if the employee is under 18 years of age, the employees’ parent or guardian;

(ii) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave at the time that it is cashed out;

(iii) paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and

(iv) employees may not cash out more than two weeks’ accrued annual leave in any 12 month period.

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

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

20.5 Annual leave in advance

(a) An employer and employee may agree to the employee taking a period of paid annual leave in advance of the employee accruing an entitlement to such leave provided that the agreement meets the following requirements:

(i) it is in writing and signed by the employee and employer;

(ii) it states the amount of leave to be taken in advance and the date on which the leave is to commence; and

(iii) it is retained as an employee record.

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

21. Personal/carer’s leave and compassionate leave

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

21.2 An employee is entitled to:

(a) 15 days paid personal/carer’s leave (inclusive of NES entitlements); and

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

22. Community service leave

Community service leave is provided for in the NES.

23. Public holidays

Public holidays are provided for in the NES.

24. Parental leave

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

24.2 Maternity leave

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

24.3 Partner leave

(a) An employee who is the spouse or defacto partner of a woman who has a baby, who has at least 12 months’ continuous paid service, will be entitled to one week's paid partner leave in connection with the birth of a child for whom the employee has accepted responsibility, to be taken either before and/or after the birth.

(b) An employee whose spouse or defacto partner was pregnant will be entitled to one week's paid partner leave if the mother of the child has a miscarriage of her pregnancy where it has advanced to at least 20 weeks.

24.4 Adoption leave

(a) If an employee is adopting a child and has at least 12 months’ continuous paid service, he or she will be entitled to:

(i) six weeks’ paid adoption leave in connection with the adoption of the child if he or she is the primary care giver; or

(ii) one week’s paid adoption leave if he or she is the secondary care giver.

(b) Adoption leave can be taken either before and/or after the adoption.

24.5 Special maternity leave

(a) The employee will be entitled to the equivalent of 12 weeks’ paid maternity leave if she has a miscarriage of her pregnancy where it has advanced to at least 20 weeks.

(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, maternity leave related to a miscarriage of her pregnancy.

(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further maternity leave related to a miscarriage of her pregnancy. The aggregate of paid sick leave and maternity leave, including parental leave taken by a spouse, may not exceed 52 weeks.

25. Termination of employment

25.1 Notice of termination is provided for in the NES.

25.2 Notice of termination by an employee

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

25.3 Job search entitlement

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

Part 7—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774863 from 01Jul24]

25A. Workplace delegates’ rights

[25A inserted by PR774863 from 01Jul24]

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

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

25A.2 In clause 25A:

(a) employer means the employer of the workplace delegate;

(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and

(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.

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

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

25A.5 Right of representation

A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:

(a) consultation about major workplace change;

(b) consultation about changes to rosters or hours of work;

(c) resolution of disputes;

(d) disciplinary processes;

(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and

(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.

25A.6 Entitlement to reasonable communication

(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.

(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.

25A.7 Entitlement to reasonable access to the workplace and workplace facilities

(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:

(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;

(ii) a physical or electronic noticeboard;

(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;

(iv) a lockable filing cabinet or other secure document storage area; and

(v) office facilities and equipment including printers, scanners and photocopiers.

(b) The employer is not required to provide access to or use of a workplace facility under clause 25A.7(a) if:

(i) the workplace does not have the facility;

(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or

(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.

25A.8 Entitlement to reasonable access to training

Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:

(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.

(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:

(i) full-time or part-time employees; or

(ii) regular casual employees.

(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.

(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.

(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.

(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.

(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.

25A.9 Exercise of entitlements under clause 25A

(a) A workplace delegate’s entitlements under clause 25A are subject to the conditions that the workplace delegate must, when exercising those entitlements:

(i) comply with their duties and obligations as an employee;

(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;

(iii) not hinder, obstruct or prevent the normal performance of work; and

(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.

(b) Clause 25A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.

(c) Clause 25A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.

NOTE: Under section 350A of the Act, the employer must not:

(a) unreasonably fail or refuse to deal with a workplace delegate; or

(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 25A.

26. Consultation

26.1 Consultation regarding major workplace change

(a) Employer to notify

(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.

(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

(b) Employer to discuss change

(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 26.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 26.1(a).

(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

26.2 Consultation about changes to rosters or hours of work

(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.

(b) The employer must:

(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

(ii) invite the employee or employees affected to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and

(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

27. Dispute resolution

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

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

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

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

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

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

27.7 Dispute resolution training leave

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

Part 8—Parks Victoria

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

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, PR718952, PR729399, PR740823, PR762243, PR774025]

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, PR718952, PR729399, PR740823, PR762243, PR774025 ppc 01Jul24]

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

33.2 Operational support employees

[33.2 varied by PR579961, PR592237, PR606460, PR707574, PR718952, PR729399, PR740823, PR762243, PR774025 ppc 01Jul24]

Position Title	Minimum Annual Rate	Minimum Fortnightly Rate	Minimum Hourly Rate	Minimum Casual Rate
	$	$	$	$
Trainee officer	46,517	1783.00	23.46	29.33
Operational support officer	49,567	1899.90	25.00	31.25
Manager	67,652	2593.10	34.12	42.65

34. Hours of Work

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

35. Overtime

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

35.2 An employee shall work a reasonable amount of overtime if requested. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

(a) any risk to employee health and safety;

(b) the employee’s personal circumstances including any family responsibilities;

(c) the needs of the workplace or enterprise;

(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(e) any other relevant matter.

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

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

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

35.6 An employee may elect to take time off normal rostered duty in lieu of overtime, subject to the following:

(a) the time off granted would be no more than the actual time worked;

(b) an employee may take a maximum of two days at a time;

(c) an employee may bank a maximum of four days/shifts in total; and

(d) the time off may be taken at a time agreed between the employee and the relevant manager, and must take into consideration operational requirements.

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

36. Shiftwork

36.1 Shift loading for Operational employees

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

Shift	Period	Loading
Monday to Friday – 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
Rostered on	Rostered off	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
Rostered on	Rostered off	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

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, PR729399, PR740823, PR762243, PR774025]

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, PR718952, PR729399, PR740823, PR762243, PR774025 ppc 01Jul24]

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	47,602	1824.60	24.01	30.01
RW 1-2	48,329	1852.40	24.37	30.46
RW 1-3	49,977	1915.60	25.21	31.51
RW 1-4	50,705	1943.50	25.57	31.96
RW 2-1	51,271	1965.20	25.86	32.33
RW 2-2	51,997	1993.00	26.22	32.78
RW 2-3	52,761	2022.30	26.61	33.26
RW 3-1	53,863	2064.60	27.17	33.96
RW 3-2	54,614	2093.30	27.54	34.43
RW 4-1	58,326	2235.60	29.42	36.78
RW 4-2	59,749	2290.20	30.13	37.66
RW 4-3	61,312	2350.10	30.92	38.65
Works Manager (WM)
WM 1-1	63,236	2423.80	31.89	39.86
WM 1-2	64,360	2466.90	32.46	40.58
WM 1-3	65,932	2527.20	33.25	41.56
WM 2-1	68,102	2610.30	34.35	42.94
WM 2-2	69,580	2667.00	35.09	43.86
WM 2-3	71,064	2723.90	35.84	44.80
WM 3-1	73,601	2821.10	37.12	46.40
WM 3-2	75,319	2887.00	37.99	47.49
WM 3-3	77,044	2953.10	38.86	48.58
Surveillance Manager (SM)
SM 1-1	63,236	2423.80	31.89	39.86
SM 1-2	64,360	2466.90	32.46	40.58
SM 1-3	65,932	2527.20	33.25	41.56
SM 2-1	68,102	2610.30	34.35	42.94
SM 2-2	69,580	2667.00	35.09	43.86
SM 2-3	71,064	2723.90	35.84	44.80
SM 3-1	73,601	2821.10	37.12	46.40
SM 3-2	75,319	2887.00	37.99	47.49
SM 3-3	77,044	2953.10	38.86	48.58

Part 11—Catchment Management Authorities

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

(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

(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

[Varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]

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, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]

C.4.2 Provided that the minimum amount payable must be not less than $106 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, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 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, PR718952, PR729399, PR740823, PR762243, PR774025]

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, PR718952, PR729399, PR740823, PR742256 ppc 01Jul22; substituted by PR762243, PR774025 ppc 01Jul24]

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	398.70	439.00	522.20
Plus 1 year out of school	439.00	522.20	607.70
Plus 2 years out of school	522.20	607.70	707.20
Plus 3 years out of school	607.70	707.20	809.70
Plus 4 years out of school	707.20	809.70
Plus 5 or more years out of school	809.70

(b) Wage Level B

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	Per week	per week
	$	$	$
School leaver	398.70	439.00	508.90
Plus 1 year out of school	439.00	508.90	585.40
Plus 2 years out of school	508.90	585.40	686.60
Plus 3 years out of school	585.40	686.60	783.00
Plus 4 years out of school	686.60	783.00
Plus 5 or more years out of school	783.00

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	398.70	439.00	508.90
Plus 1 year out of school	439.00	508.90	575.50
Plus 2 years out of school	508.90	575.50	642.90
Plus 3 years out of school	575.50	642.90	716.10
Plus 4 years out of school	642.90	716.10
Plus 5 or more years out of school	716.10

(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	840.40	872.30
Wage level B	812.80	843.70
Wage level C	743.40	771.50

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	13.11	14.44	17.17
Plus 1 year out of school	14.44	17.17	19.99
Plus 2 years out of school	17.17	19.99	23.26
Plus 3 years out of school	19.99	23.26	26.64
Plus 4 years out of school	23.26	26.64
Plus 5 or more years out of school	26.64

(b) Wage Level B

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	13.11	14.44	16.75
Plus 1 year out of school	14.44	16.75	19.26
Plus 2 years out of school	16.75	19.26	22.59
Plus 3 years out of school	19.26	22.59	25.76
Plus 4 years out of school	22.59	25.76
Plus 5 or more years out of school	25.76

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	13.11	14.44	16.75
Plus 1 year out of school	14.44	16.75	18.92
Plus 2 years out of school	16.75	18.92	21.15
Plus 3 years out of school	18.92	21.15	23.55
Plus 4 years out of school	21.15	23.55
Plus 5 or more years out of school	23.55

(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
$	$
13.11	14.44

(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	27.65	28.69
Wage level B	26.74	27.75
Wage level C	24.45	25.38

(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

Details

Title: Victorian State Government Agencies Award 2015
Code: MA000134

Effective:

Updated:

Instrument Type: Modern Award

Versions

FWC Award

MA000134

Variations

Summaries

Disclaimer

Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.

Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

Automatic translation

Language help

Popular searches

FWO Search

MA000134

Victorian State Government Agencies Award 2015

Details

Versions

FWC Award

Variations

Summaries

Disclaimer