OFFICE OF THE WORKPLACE AUTHORITY
WORKPLACE RELATIONS ACT 1996
MURRAY VALLEY CENTRE INC
and
AUSTRALIAN EDUCATION UNION
UNION COLLECTIVE AGREEMENT
(Made pursuant to Part 8 Division 2 Section 328
ofthe Workplace Relations Act 1996).
PART 1- APPLICATION
1. TITLE
This Agreement shall be known as the Murray Valley Centre Disability Services
Victoria (Part 1) Collective Agreement 2008 ("the Agreement').
2. ARRANGEMENT
This Agreement is arranged as follows:
Subject matter
Part 1 -Application
Title
Arrangement
Definitions
Operation and Scope of Agreement
Incidence of agreement
Relationship to Awards
No Extra Claims
Part 2- Dispute Resolution
Anti-discrimination
Dispute Resolution Procedures
Clause number
1
2
3
4
5
6
7
8
9
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Disability Services Victoria (Part 1) Agreement
OFFICE OF THE WORKPLACE AUTHORITY WORKPLACE RELATIONS ACT 1996 MURRAY VALLEY CENTRE INC and AUSTRALIAN EDUCATION UNION UNION COLLECTIVE AGREEMENT (Made pursuant to Part 8 Division 2 Section 328 of the Workplace Relations Act 1996) PART 1 - APPLICATION 1. TITLE This Agreement shall be known as the Murray Valley Centre Disability Services Victoria (Part 1) Collective Agreement 2008 ("the Agreement"). 2. ARRANGEMENT This Agreement is arranged as follows: Subject matter Clause number Part 1 - Application Title 1 Arrangement 2 Definitions 3 Operation and Scope of Agreement 4 Incidence of agreement 5 Relationship to Awards 6 No Extra Claims 7 Part 2 - Dispute Resolution Anti-discrimination 8 Dispute Resolution Procedures 9 Disability Services Victoria (Part 1) Agreement
Part 3 - Employer and Employee Duties, Employment Relationship and
Related Arrangements
Employment Categories
Conditions of Employment
Termination of Employment
Introduction of Change
Redundancy
Part 4 - Wage and Related Matters
Rates of Pay
Higher Duties
Payment of Wages
Superannuation
Salary Packaging
10
11
12
13
14
15
16
17
18
19
Part 5- Hours of Work, Breaks, Overtime & Shift Work
Hours of work
Meal intervals and Rest intervals
Overtime
Part 6 - Leave of Absence and Public Holidays
Annual Leave
Personal Leave
Long Service Leave
Parental Leave
Examination Leave
Study Leave
Public Holidays
Jury Service
Part 7 -Travel
Travelling Allowance
Part 8 - Accident Pay and Health and Safety
Accident Pay
Health and Safety
3. DEFINITIONS
20
21
22
23
24
25
26
27
28
29
30
31
32
33
· 3.1 AFPC means the Australian Fair Pay Commission established in accordance
with the Act
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Disability Services Victoria (Part 1) Agreement
Part 3 - Employer and Employee Duties, Employment Relationship and Related Arrangements Employment Categories 10 Conditions of Employment 11 Termination of Employment 12 Introduction of Change 13 Redundancy 14 Part 4 - Wage and Related Matters Rates of Pay 15 Higher Duties 16 Payment of Wages 17 .. Superannuation Salary Packaging 18 19 Part 5 - Hours of Work, Breaks, Overtime & Shift Work Hours of work 20 Meal intervals and Rest intervals 21 Overtime 22 Part 6 - Leave of Absence and Public Holidays Annual Leave 23 Personal Leave 24 Long Service Leave 25 Parental Leave 26 Examination Leave 27 Study Leave 28 Public Holidays 29 Jury Service 30 Part 7 - Travel Travelling Allowance 31 Part 8 - Accident Pay and Health and Safety Accident Pay Health and Safety 32 33 3. DEFINITIONS 3.1 AFPC means the Australian Fair Pay Commission established in accordance with the Act 2 Disability Services Victoria (Part 1) Agreement
3.2 APCS means an Australian Pay and Classification Scale established by the
AFPC under Part 7, Division 2, Sub-division A of the Act
3.3 Agreement shall mean the Murray Valley Centre Disability Services
Victoria (Part 1) Collective Agreement 2008.
3.4 ·Commission shall mean the Australian Industrial Relations Commission
3.5 Employee means a person employed subject to this Agreement on either a
full-time, part-time or casual basis and includes a person employed on a fixed
term basis.
3.6 Employer shall mean Murray Valley Centre Inc.
3. 7 Instructor means an instructor as outlined in clause 11 and appendix 1 (A) -
1 (E) of this agreement.
3.8 Non-contact time includes only such hours as those where an instructor is
not responsible for any form of client supervision.
3.9 Program development days will be primarily used for direct program
development activities either in groups or individually.
3 .. 10 Professional development means those activities ·that are undertaken by an
employee to enhance their professional practice and competence.
Professional development activities and opportunities should be discussed
and agreed to by both employer and employee.
3.11 the Act means the Workplace Relations Act-1996 (as amended from time to
time).
4. OPERATION AND SCOPE OF AGREEMENT
4.1 Operation of the Agreement
This Agreement shall commence on and from the date of lodgement with the
Workplace Authority and remain in force until 30 June 2009.
4.2 Scope of the Agreement
This Agreement shall apply to all employees employed by the employer as an
Instructor.
5. INCIDENCE OF AGREEMENT
5.1 This agreement shall apply to and be binding on:
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Disability Services Victoria (Part 1) Agreement·
3.2 APCS means an Australian Pay and Classification Scale established by the AFPC under Part 7, Division 2, Sub-division A of the Act 3.3 Agreement shall mean the Murray Valley Centre Disability Services Victoria (Part 1) Collective Agreement 2008. 3.4 'Commission shall mean the Australian Industrial Relations Commission 3.5 Employee means a person employed subject to this Agreement on either a full-time, part-time or casual basis and includes a person employed on a fixed term basis. 3.6 Employer shall mean Murray Valley Centre Inc. 3.7 Instructor means an instructor as outlined in clause 11 and appendix 1(A) - 1(E) of this agreement. 3.8 Non-contact time includes only such hours as those where an instructor is not responsible for any form of client supervision. 3.9 Program development days will be primarily used for direct program development activities either in groups or individually. 3.10 Professional development means those activities that are undertaken by an employee to enhance their professional practice and competence. Professional development activities and opportunities should be discussed and agreed to by both employer and employee. 3.11 the Act means the Workplace Relations Act 1996 (as amended from time to time). 4. OPERATION AND SCOPE OF AGREEMENT 4.1 Operation of the Agreement This Agreement shall commence on and from the date of lodgement with the Workplace Authority and remain in force until 30 June 2009. 4.2 Scope of the Agreement This Agreement shall apply to all employees employed by the employer as an Instructor. 5. INCIDENCE OF AGREEMENT 5.1 This agreement shall apply to and be binding on: 3 Disability Services Victoria (Part 1) Agreement
5.1.1 Murray Valley Centre Inc ("the Employer"); and
5.1.2 The Australian Education Union ("the AEU"), its members and those
eligible for membership in respect of all such persons employed by the
Employer, and covered by the Disability SeNices Award (Victoria) 1999
("the Award").
6. AWARDS AND AGREEMENTS
6.1 The parties intend that this Agreement provides a comprehensive statement
of the terms and conditions of the employment of employees covered by this
Agreements.
6.2 This Agreement supersedes and replaces in its entirety any previous certified
agreement covering employment of employees covered by this Agreement
with the Employer.
6.3 The Agreement operates to the exlusion of and wholly replaces any award of
the Australian Industrial Relations Commission that would, apart from this
clause, apply to the Employment of Employees covered by this Agreement by
the Employer.
7. NO EXTRA CLAIMS
The AEU, Employees and Employer bound by this Agreement acknowledge that this
Agreement settles all claims in relation to the terms and conditions of employment of
the Employees to whom it applies and agrees that they will not pursue any extra
claims during the term of this Agreement.
PART 2- DISPUTE RESOLUTION
8. ANTI-DISCRIMINATION
8.1 It is the intention of the parties to this agreement to achieve the principal
object in s.3(m) of the Workplace Relations Act 1996 through respecting and
valuing the diversity of the workforce by helping to prevent and eliminate
discrimination on the basis of race, colour, sex, sexual preference, age,
physical or mental disability, marital status, family responsibilities, pregnancy,
religion, political opinion, natural extraction or social origin.
8.2 Accordingly, in fulfilling their obligations under clause 10 - Grievance and
discipline procedures - the respondents must make every endeavour to
ensure that neither the agreement provisions nor their operation are directly or
indirectly discriminatory in their effects.
8.3 Nothing in this clause is taken to effect:
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Disability Services Victoria (Part 1) Agreement
5.1.1 Murray Valley Centre Inc ("the Employer"); and 5.1.2 The Australian Education Union ("the AEU"), its members and those eligible for membership in respect of all such persons employed by the Employer, and covered by the Disability Services Award (Victoria) 1999 ("the Award"). 6. AWARDS AND AGREEMENTS 6.1 The parties intend that this Agreement provides a comprehensive statement of the terms and conditions of the employment of employees covered by this Agreements. 6.2 This Agreement supersedes and replaces in its entirety any previous certified agreement covering employment of employees covered by this Agreement with the Employer. 6.3 The Agreement operates to the exlusion of and wholly replaces any award of the Australian Industrial Relations Commission that would, apart from this clause, apply to the Employment of Employees covered by this Agreement by the Employer. 7. NO EXTRA CLAIMS The AEU, Employees and Employer bound by this Agreement acknowledge that this Agreement settles all claims in relation to the terms and conditions of employment of the Employees to whom it applies and agrees that they will not pursue any extra claims during the term of this Agreement. PART 2 - DISPUTE RESOLUTION 8. ANTI-DISCRIMINATION 8.1 It is the intention of the parties to this agreement to achieve the principal object in s.3(m) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, natural extraction or social origin. 8.2 Accordingly, in fulfilling their obligations under clause 10 - Grievance and discipline procedures - the respondents must make every endeavour to ensure that neither the agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 8.3 Nothing in this clause is taken to effect: 4 Disability Services Victoria (Part 1) Agreement
8.3.1 any different treatment (or treatment having different effects) which is
specifically exempted under the Commonwealth anti-discrimination
legislation;
8.3.2 an employee, employer or registered organisation, pursing matters of
discrimination in any State or federal jurisdiction, including by
application to the Human Rights and Equal Opportunity Commission;
and
8.3.3 the exemptions in s.658(3) and (4) of the Act.
9. DISPUTE RESOLUTION PROCEDURE
9.1 An employee will have the right for grievances to be heard through all levels
of line management. While the dispute settlement procedures are being
followed, work shall not be interrupted by industrial action. No party shall be
prejudiced as to the final settlement of a grievance by the continuance of
work. Health and safety matters are exempted from this requirement.
9.2 In the first instance the employee shall attempt to resolve the grievance with
his or her immediate supervisor. A chosen representative shall be present if
desired by either party.
9.3 If the employee still feels aggrieved, then the matter shall be referred to his or
her manager. A chosen representative shall be present if desired by either
party.
9.4 If the grievance is still unresolved the matter shall be referred to the Chief
Executive Officer and a meeting arranged. A chosen representative shall be
present if desired by either party.
9.5 The above steps in sub-clauses 9.1 to 9.4 shall take place within seven days
or such longer period as may be mutually agreed.
9.6 If the grievance has not been resolved to the satisfaction of the employee or
each of the relevant parties referred to herein, the dispute may be referred to
the Australian Industrial Relations Commission for resolution by mediation
and I or conciliation, and if necessary, arbitration with the rights of all parties
under the Act reserved. If arbitration is necessary the Commission may
exercise the procedural powers in relation to hearings, witnesses, evidence
and submissions which are necessary to make the arbitration effective ..
9. 7 While the steps outlined at points 9.1 to 9.6 take place, work shall continue
normally in accordance with the custom and practice existing immediately
before the grievance arose until either the grievance is resolved or, if referred
to the Commission, up to the first hearing and then subject to any direction of
the Commission.
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Disability Services Victoria (Part 1) Agreement
8.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; 8.3.2 an employee, employer or registered organisation, pursing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; and 8.3.3 the exemptions in s.658(3) and (4) of the Act. 9. DISPUTE RESOLUTION PROCEDURE 9.1 An employee will have the right for grievances to be heard through all levels of line management. While the dispute settlement procedures are being followed, work shall not be interrupted by industrial action. No party shall be prejudiced as to the final settlement of a grievance by the continuance of work. Health and safety matters are exempted from this requirement. 9.2 In the first instance the employee shall attempt to resolve the grievance with his or her immediate supervisor. A chosen representative shall be present if desired by either party. 9.3 If the employee still feels aggrieved, then the matter shall be referred to his or her manager. A chosen representative shall be present if desired by either party. 9.4 If the grievance is still unresolved the matter shall be referred to the Chief Executive Officer and a meeting arranged. A chosen representative shall be present if desired by either party. 9.5 The above steps in sub-clauses 9.1 to 9.4 shall take place within seven days or such longer period as may be mutually agreed. 9.6 If the grievance has not been resolved to the satisfaction of the employee or each of the relevant parties referred to herein, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation and / or conciliation, and if necessary, arbitration with the rights of all parties under the Act reserved. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective .. 9.7 While the steps outlined at points 9.1 to 9.6 take place, work shall continue -- normally in accordance with the custom and practice existing immediately before the grievance arose until either the grievance is resolved or, if referred to the Commission, up to the first hearing and then subject to any direction of the Commission. 5 Disability Services Victoria (Part 1) Agreement
PART THREE- EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT
RELATIONSHIP AND RELATED ARRANGEMENTS
10. EMPLOYMENT CATEGORIES
10.1 Employees under this Agreement may be employed in any one of the
following categories:
1 0.1.1 full-time employees;
1 0.1.2 part-time employees;
1 0.1.3 casual employees; or
1 0.1.4 fixed term employment
10.2 At the time of engagement the employer shall inform each employee in writing
of the terms of their engagement, and in particular, whether they are to be full
time, part-time, casual or fixed term .
. 11. CONDITIONS OF EMPLOYMENT
11.1 Full-time employees·
A full-time employee is one who is employed and who is ready, willing and
available to work a full week of 38 hours or an average of 38 hours as per
clause 20 - hours of work.
11.2 Part-time employees
11.2.1 A part-time employee is one who works a constant number of hours,
but less than 38 hours per week, or less than an average of 38 hours
per week, as per clause 20- hours of work.
11.2.2A part-time employee is entitled to receive, on a pro rata basis, the
same wages and conditions as a full-time employee on the same
classification.
11.2.3 Regular part-time employees shall be paid per hour worked an amount
equal to one thirty-eighth of the weekly wage rate appropriate to the
employee's classification.
11.2.4 Payment in respect of any period of sick leave (where an employee
has accumulated an entitlement) shall be on a pro rata basis made
according to the number of hours the employee would have worked on
the day or days on which the leave was taken, so as not to reduce the
employee's wage below that level which such employee would have
received had the employee not been absent.
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Disability Services Victoria (Part 1) Agreement
PART THREE - EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 10. EMPLOYMENT CATEGORIES 10.1 Employees under this Agreement may be employed in any one of the following categories: 10.1.1 full-time employees; 10.1.2 part-time employees; 10.1.3 casual employees; or 10.1.4 fixed term employment 10.2 At the time of engagement the employer shall inform each employee in writing of the terms of their engagement, and in particular, whether they are to be full- time, part-time, casual or fixed term. 11. CONDITIONS OF EMPLOYMENT 11.1 Full-time employees · A full-time employee is one who is employed and who is ready, willing and available to work a full week of 38 hours or an average of 38 hours as per clause 20 - hours of work. 11.2 Part-time employees 11.2.1 A part-time employee is one who works a constant number of hours, but less than 38 hours per week, or less than an average of 38 hours per week, as per clause 20 - hours of work. 11.2.2A part-time employee is entitled to receive, on a pro rata basis, the same wages and conditions as a full-time employee on the same classification. 11.2.3 Regular part-time employees shall be paid per hour worked an amount equal to one thirty-eighth of the weekly wage rate appropriate to the employee's classification. 11.2.4 Payment in respect of any period of sick leave (where an employee has accumulated an entitlement) shall be on a pro rata basis made according to the number of hours the employee would have worked on the day or days on which the leave was taken, so as not to reduce the employee's wage below that level which such employee would have received had the employee not been absent. 6 Disability Services Victoria (Part 1) Agreement
11.2.5 The payment or deduction of payment in lieu of notice of termination of
employment shall be calculated on a pro rata basis.
11.2.6 Any period of annual leave, long service leave, sick leave and paid
parental leave to which an employee is entitled shall accrue on a pro
rata basis according to the number of hours worked on average over
the past twelve months.
11.3 Casual employees
A casual employee is one who is engaged in relieving work or work of a
casual nature and whose engagement is terminable by an employer or the
employee in accordance with the requirements of either the employer or
employee, without the requirement of prior notice by either party but does not
include an employee who could be properly classified as full~time, part-time or
fixed term.
A casual employee shall be paid for all work done an amount equal to one
thirty-eighth of the weekly wage appropriate to the employee's classification
. per hour plus 20 percent.
The provisions of clauses 23 - Annual Leave, 24 - Personal Leave, 25 - Long
Service Leave and 12 -Termination, shall not apply in the case of a casual
employee.
11.3.1 Casual Employees and Caring Responsibilities
11.3.1 (a) Subject to the evidentiary and notice requirements in clause
24 Personal Leave, casual employees are entitled to not be
available to attend work, or to leave work:
• if they need to care for members of their immediate family
or household who are sick and require care and support
or who require care due to an unexpected emergency, or
the birth of a child; or
• upon the death in Australia of an immediate family or
household member.
11.3.1 (b) The employer and the employee shall agree on the period for
which the employee will be entitled to not be available to
attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not
entitled to any payment for the period of non-attendance.
11.3.1 (c) The employer must not fail to re-engage a casual employee
because the employee accessed the entitlements provided
for in this clause. The rights of the employer to engage or
not engage a casual employee are otherwise not affected.
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Disability Services Victoria (Part 1) Agreement
11.2.5 The payment or deduction of payment in lieu of notice of termination of employment shall be calculated on a pro rata basis. 11.2.6 Any period of annual leave, long service leave, sick leave and paid parental leave to which an employee is entitled shall accrue on a pro rata basis according to the number of hours worked on average over the past twelve months. 11.3 Casual employees A casual employee is one who is engaged in relieving work or work of a casual nature and whose engagement is terminable by an employer or the employee in accordance with the requirements of either the employer or employee, without the requirement of prior notice by either party but does not include an employee who could be properly classified as full-time, part-time or fixed term. A casual employee shall be paid for all work done an amount equal to one thirty-eighth of the weekly wage appropriate to the employee's classification per hour plus 20 percent. The provisions of clauses 23 - Annual Leave, 24 - Personal Leave, 25 - Long Service Leave and 12 - Termination, shall not apply in the case of a casual employee. 11.3.1 Casual Employees and Caring Responsibilities 11.3.1(a) Subject to the evidentiary and notice requirements in clause 24 Personal Leave, casual employees are entitled to not be available to attend work, or to leave work: . if they need to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, or the birth of a child; or upon the death in Australia of an immediate family or household member. 11.3.1(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance. - - 11.3.1(c) The employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the employer to engage or not engage a casual employee are otherwise not affected. 7 Disability Services Victoria (Part 1) Agreement
11.4 Fixed term employment
11.4.1 A fixed term employee may be engaged to work on either a full-time or
part-time basis:
11.4.1 (a) for the completion of a specified task(s) or project; or,
11.4.1 (b) leave replacement.
11.4.2 This agreement shall apply to a fixed term employee except to the
extent that the agreement expressly provides that it does not apply.
To avoid confusion, the parties state that the exclusion in sub-clause
12.1.5(c) applies only where the specific period of time for which the
employee was engaged is concluding, or where the specified task for
which the employee was engaged has been completed.
11.4.3 When offering employment on a fixed term basis, the employer shall
advise the employee in writing of the temporary nature of the
employment, the actual or expected duration of employment, and that
employment beyond the period is not expected.
12. TERMINATION
12.1 Notice of termination by employer
12.1.11n order to terminate the employment of an employee, the employer
shall give to the employee the period of notice specified in the table
below:
Period of continuous service
1 year or less
Over 1 year and up to the completion of 3 years
Over 3 years and up to the completion of 5 years
Over 5 years of completed service
Period of notice
1 week
2weeks
3weeks
4weeks
12.1.21n addition to the notice in 12.1.1, employees over 45 years of age at
the time of the giving of the notice with not less than two years
continuous service, are entitled to an additional week's notice.
12.1.3 Payment in lieu of the prescribed notice in 12.1.1 and 12.1.2 must be
made if the appropriate notice period is not required to be worked.
Provided that employment may be terminated by the employee working
part of the required period of notice and by the employer making
payment for the remainder of the period of notice.
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Disability Services Victoria (Part 1) Agreement
11.4 Fixed term employment 11.4.1 A fixed term employee may be engaged to work on either a full-time or part-time basis: 11.4.1(a) for the completion of a specified task(s) or project; or, 11.4.1(b) leave replacement. 11.4.2 This agreement shall apply to a fixed term employee except to the extent that the agreement expressly provides that it does not apply. To avoid confusion, the parties state that the exclusion in sub-clause 12.1.5(c) applies only where the specific period of time for which the employee was engaged is concluding, or where the specified task for which the employee was engaged has been completed. 11.4.3 When offering employment on a fixed term basis, the employer shall advise the employee in writing of the temporary nature of the employment, the actual or expected duration of employment, and that employment beyond the period is not expected. 12. TERMINATION 12.1 Notice of termination by employer 12.1.1 In order to terminate the employment of an employee, the employer shall give to the employee the period of notice specified in the table below: Period of continuous service Period of notice 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years of completed service 4 weeks 12.1.2 In addition to the notice in 12.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice. 12.1.3 Payment in lieu of the prescribed notice in 12.1.1 and 12.1.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice. 8 Disability Services Victoria (Part 1) Agreement
12.1.4 The required amount of payment in lieu of notice must equal or exceed
the total of all amounts that, if the employee's employment had
continued until the end of the required period of notice, the employer
would have become liable to pay to the employee because of the
employment continuing during that period. That total must be
calculated on the basis of:
12.1.4(a) the employee's ordinary hours of work (even if not standard
hours); and
12.1.4(b) the amounts ordinarily payable to the employee in respect to
those hours, including (for example) allowances, loading and
penalties; and
12.1.4(c) any other amounts payable under the employee's contract of
employment.
12.1.5 The period of notice in this clause does not apply:
12.1.5(a) in the case of dismissal for serious misconduct
12.1.5(b) to apprentices;
12.1.5(c) to employees engaged for a specific period of time or for a
specific task or tasks;
12.1.5(d) to trainees whose employment under a traineeship
agreement or an approved traineeship is for a specified
period or is, for any other reason, limited to the duration of
the agreement; or
12.1.5(e) to casual employees
12.1.6 For the purposes of thi~ clause, continuity of service shall be calculated
in the manner prescribed by clause 25 - Long Service Leave of this
agreement.
12.2 Notice of termination by employee
12.2.1 The notice of termination required to be given by an employee is the
same as that required of an employer, save and except that there is no
requirement on the employee to give additional notice based on the
age of the employee concerned.
12.2.2 If an employee fails to give the notice specified in 12.1.1 the employer
. has the right to withhold monies due to the employee to a maximum
amount equal to the amount the employee would have received under
12.1.4.
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Disability Services Victoria (Part 1) Agreement
12.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of: 12.1.4(a) the employee's ordinary hours of work (even if not standard hours); and 12.1.4(b) the amounts ordinarily payable to the employee in respect to those hours, including (for example) allowances, loading and penalties; and 12.1.4(c) any other amounts payable under the employee's contract of employment. 12.1.5 The period of notice in this clause does not apply: 12.1.5(a) in the case of dismissal for serious misconduct 12.1.5(b) to apprentices; 12.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks; 12.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or 12.1.5(e) to casual employees 12.1.6 For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by clause 25 - Long Service Leave of this agreement. 12.2 Notice of termination by employee 12.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. 12.2.2 If an employee fails to give the notice specified in 12.1.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 12.1.4. 9 Disability Services Victoria (Part 1) Agreement
12.3 Transmission of business
Where a business is transmitted from one employer to another, as set out in
clause 14 - Redundancy, the period of continuous service that the employee
had with the transmitter or any prior transmitter is deemed to be service with
the transmittee and taken into account when calculating notice of termination.
However, an employee shall not be entitled to notice of termination or
payment in lieu of notice for any period of continuous service in respect of
which notice has already been given or paid for.
12.4 Job search entitlement
Where an employer has given notice of termination to an employee, an
employee shall be allowed up to one day's time off without loss of pay for the
purpose of seeking other employment. The time off shall be taken at times
that are convenient to the employee after consultation with the employer.
13. INTRODUCTION OF CHANGE
13.1 Employer's duty to notify
13.1.1 Where the 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
shall notify the employees Who may be affected by the proposed
changes and if requested by an affected employee, the AEU or other
representative.
The employer shall notify the affected employee, and if requested the
AEU or other representative, no less than 14 days before any
implementation of change, including any change to the employees'
employment.
If circumstances, outside the control of the employer, necessitate
urgent action, the 14 day notice period shall not apply.
13.1.2 "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
the Agreement makes provision for alteration of any of the matters
referred to herein an alteration shall be deemed not to have significant
effect.
13.2 Employer's duty to discuss change
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Disability Services Victoria (Part 1) Agreement
12.3 Transmission of business Where a business is transmitted from one employer to another, as set out in clause 14 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for. 12.4 Job search entitlement Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer. 13. INTRODUCTION OF CHANGE 13.1 Employer's duty to notify 13.1.1 Where the 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 shall notify the employees who may be affected by the proposed changes and if requested by an affected employee, the AEU or other representative. The employer shall notify the affected employee, and if requested the AEU or other representative, no less than 14 days before any implementation of change, including any change to the employees' employment. If circumstances, outside the control of the employer, necessitate urgent action, the 14 day notice period shall not apply. 13.1.2 "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 the Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect. 13.2 Employer's duty to discuss change 10 Disability Services Victoria (Part 1) Agreement
13.2.1 The employer shall discuss with the employees affected and if
requested the AEU or other representative, the introduction of the
changes referred to in 13.1.1 hereof, the effects the changes are likely
to have on employees and measures to avert or mitigate the adverse
effects of such changes on employees. The employer shall give prompt
consideration to matters raised by the employees and/or if requested
the AEU or other representative in relation to the changes.
13.2.2The discussions shall commence as early as practicable after a definite
decision has been made by the employer to make the changes referred
to in 13.1.1 hereof.
13.2.3 For the purpose of such discussion, the employer shall provide in
writing to the employees concerned and if requested the AEU or other
representative, all relevant information about the changes including ttie
nature of the changes proposed; the expected effects of the changes
on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose
confidential information the disclosure of which would be against the
employer's interests.
14. REDUNDANCY
14.1 Definitions
14.1.1 Business includes trade, process, business or occupation and
includes part of any such business.
14.1.2 Redundancy occurs where an employer has made a definite decision
that the employer no longer wishes the job the employee has been
doing done by anyone and that decision leads to the termination of
employment of the employee, except where this is due to the ordinary
and customary turnover of labour.
14.1.3Small Employer means an employer who employs fewer than 15
employees
14.1.4 Transmission includes transfer, conveyance, assignment or
succession whether by agreement or by operation of law and
transmitted has a corresponding meaning.
14.1.5 Week's pay means the ordinary time rate of pay for the employee
concerned. Provided that such rate shall exclude:
• overtime;
• penalty rates;
• disability allowances;
• shift allowances;
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Disability Services Victoria (Part 1) Agreement
13.2.1 The employer shall discuss with the employees affected and if requested the AEU or other representative, the introduction of the changes referred to in 13.1.1 hereof, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees. The employer shall give prompt consideration to matters raised by the employees and/or if requested the AEU or other representative in relation to the changes. 13.2.2 The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in 13.1.1 hereof. 13.2.3 For the purpose of such discussion, the employer shall provide in writing to the employees concerned and if requested the AEU or other representative, 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 any employer shall not be required to disclose confidential information the disclosure of which would be against the employer's interests. 14. REDUNDANCY 14.1 Definitions 14.1.1 Business includes trade, process, business or occupation and includes part of any such business. 14.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour. 14.1.3 Small Employer means an employer who employs fewer than 15 employees 14.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. 14.1.5 Week's pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude: overtime; . . penalty rates; disability allowances; . . shift allowances; 11 Disability Services Victoria (Part 1) Agreement
• special rates;
• fares and travelling time allowances;
• bonuses; and
• any other ancillary payments of a like nature.
14.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of
redundancy the same period of notice must be given as the employee would
have been entitled to if the employment had been terminated and the
employer may at the employer's option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary rate of pay and
the new ordinary time rate for the number of weeks of notice still owing.
14.3 Severance pay
14.3.1 Severance pay- other than employees of a small employer
An employee, other than employees of a small employer as defined in
clause 14.1.3, whose employment is terminated by reason of
redundancy is entitled to the following amount of severance pay in
respect of a period of continuous service:
Period of continuous service
Less than one year
One year and less than two years
Two years and less than three years
Three years and less than four years
Four years and less than five years
Five years and less than six years
Six years and less than seven years
Seven years and less than eight years
Eight years and less than nine years
Nine years and less than ten years
Ten years and over
*Week's pay is defined in 14.1.
14.3.2 Severance pay -small employer
Severance Pay
Nil
4 weeks' pay*
6 weeks' pay
7 weeks' pay
8 weeks' pay
10 weeks' pay
11 weeks' pay
13 weeks' pay
14 weeks' pay
16 weeks' pay
12 weeks' pay
An employee of a small employer as defined in clause 14. 1.3, whose
employment is terminated by reason of redundancy is entitled to the
following amount of severance pay in respect of a period of continuous
service:
Period of continuous service
Less than one year
One year and less than two years
Two years and less than three years
Severance Pay
Nil
4 weeks' pay*
6 weeks' pay
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Disability Services Victoria (Part 1) Agreement
special rates; fares and travelling time allowances; . bonuses; and any other ancillary payments of a like nature. 14.2 Transfer to lower paid duties Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing. 14.3 Severance pay 14.3.1 Severance pay - other than employees of a small employer An employee, other than employees of a small employer as defined in clause 14.1.3, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: Period of continuous service Severance Pay Less than one year Nil One year and less than two years 4 weeks' pay* Two years and less than three years 6 weeks' pay Three years and less than four years 7 weeks' pay Four years and less than five years 8 weeks' pay Five years and less than six years 10 weeks' pay Six years and less than seven years 11 weeks' pay Seven years and less than eight years 13 weeks' pay Eight years and less than nine years 14 weeks' pay Nine years and less than ten years 16 weeks' pay Ten years and over 12 weeks' pay * Week's pay is defined in 14.1. 14.3.2 Severance pay -small employer An employee of a small employer as defined in clause 14.1.3, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: Period of continuous service Severance Pay Less than one year Nil One year and less than two years 4 weeks' pay* Two years and less than three years 6 weeks' pay 12 Disability Services Victoria (Part 1) Agreement
Three years and less than four years
Four years and over
*Week's pay is defined in 14.1.
7 weeks' pay
8 weeks' pay
14.3.3 Provided that the severance payment shall not exceed the amount to
which the employee would have earned if employment with the
employer had proceeded to the employee's normal retirement date.
14.3.4 Continuity of service shall be calculated in the matter prescribed by
clause 25 - Long Service Leave.
14.4 Employees leaving during the notice period
An employee given notice of termination in circumstances of redundancy may
terminate his/her employment during the period of notice as set out in clause
12- Notice of Termination. In this circumstance the employee will be entitled
·to receive the benefits and payments they would have received under this
clause had they remained with the employer until the expiry of the notice, but
will not be entitled to payment in lieu of notice.
14.5 Alternative employment
14.5.1 An employer, in a particular redundancy case, may make application to
the Commission to have the general severance pay prescription varied
if the employer obtains acceptable alternative employment for an
employee.
14.5.2 This provision does not apply in circumstances involving transmission
of business as set in 14.7.
14.6 Job search entitlement
14.6.1 During the period of notice of termination given by the employer in
accordance with 12.1, an employee shall be allowed up to one day's
time off without loss of pay during each week of notice for the purpose
of seeking other employment.
14.6.21f the employee has been allowed paid leave for more than one day
during the notice period for the purpose of seeking other employment,
the employee shall, at the request of the employer, be required to
produce proof of attendance at an interview or they shall not receive
payment for the time absent. For this purpose a statutory declaration
will be sufficient
14.6.3 The job search entitlements under this subclause apply in lieu of the
provisions of 12.4.
14.7 Transmission of business
_________________________ 13
Disability Services Victoria (Part 1) Agreement
Three years and less than four years 7 weeks' pay Four years and over 8 weeks' pay * Week's pay is defined in 14.1. 14.3.3 Provided that the severance payment shall not exceed the amount to which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date. 14.3.4 Continuity of service shall be calculated in the matter prescribed by clause 25 - Long Service Leave. 14.4 Employees leaving during the notice period An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice as set out in clause 12 - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice. 14.5 Alternative employment 14.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. 14.5.2 This provision does not apply in circumstances involving transmission of business as set in 14.7. 14.6 Job search entitlement 14.6.1 During the period of notice of termination given by the employer in accordance with 12.1, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. 14.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or they shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient 14.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 12.4. 14.7 Transmission of business 13 Disability Services Victoria (Part 1) Agreement
14.7.1 The provisions of this clause are not applicable where a business is
before or after the date of this agreement, transmitted from an
employer (in this subclause called the transmitter) to another
employer (in this subclause called the transmittee), in any of the
following circumstances:
14.7.1(a) Where the employee accepts employment with the
transmittee which recognises the period of continuous
service which the employee had with the transmitter and any
prior transmitter to be continuous service of the employee
with the transmittee; or
14.7.1(b) Where the employee rejects an offer of employment with the
transmittee:
• in which the terms and conditions are substantially
similar and no less favourable, considered on an overall
basis, than the terms and conditions applicable to the
employee at the time of ceasing employment with the
transmitter; and
• which recognises the period of continuous service
which the employee had with the transmitter and any
prior transmitter to be continuous service of the
employee with the transmittee.
14.8 Employees exempted
This clause does not apply to:
• employees terminated as a consequence of serious misconduct that
justifies dismissal without notice;
• probationary employees;
• employees engaged for a specific period of time or for a specified task or
tasks; or
• casual employees.
____________________________________________________ 14
Disability Services Victoria (Part 1) Agreement
14.7.1 The provisions of this clause are not applicable where a business is before or after the date of this agreement, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: 14.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or 14.7.1(b) Where the employee rejects an offer of employment with the transmittee: . in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. 14.8 Employees exempted This clause does not apply to: employees terminated as a consequence of serious misconduct that justifies dismissal without notice; probationary employees; employees engaged for a specific period of time or for a specified task or tasks; or casual employees. 14 Disability Services Victoria (Part 1) Agreement
PART FOUR- WAGES AND RELATED MATTERS
15. RATES OF PAY
15.1 Wage rates
15.1.1 Instructors
Old Rate 3% eff: 1" pay I AFPC eff: 1 Dec 3% eff: 1"' pay AFPC2~~~ 1 Oct p:;{~~~n1' :rpa~er period on or 2006 period on or
after1_JQ!y_ 2006 ~ 1 July 2008
Band Ill Level
By Band Ill 2 831.98 R!if\ !l4 N/A RR? f\!i N/A 909.13
Appointment Instructor 1 861.78 887.63
812.31 R\f\ RR N/A N/A
11 792M __111_§&_ ~/A_ __!l1()Jl1 ~ 866.14
10 777.89 801.23 N/A R?!i N/A «n n'
CIVICS, Band II 9 750.43 772.94 N/A ~ ~ 820.01
ACRACS Instructor 8 730,1§_ 75268 N/A r:lli _N/A 70R «?
Or equivalent 7 708.22 729.47 lA 773.89
Minimum 6 688.76 709.42 lA 752.62
Qualification 5 674.36 RQ4 ;Q If._ 736.89
4 653.17 672.77 RRn 'il f\!l? Q; I'M 713.74
3 6362!!_ ~ ~6.14 ~ N/A 696.01
Band I Band I 2 614.79 642.15 . 652.23 ~ 671.60
Entry Level Instructor 1 636.86 637.92 655.97
Rnn ::~n 618.31 627.66
Certificate IV in Community Services (Disability - Community and Adult Training & Support Services), ACRACs or equivalents is the minimum
qualification at Band 2.
Progression within the band level is by annual increment subject to clause 15.3 of this Agreement
Appointment to a vacancy is based on merit using articulated criteria and processes
------------------------------------------------~------15
Disability Services Victoria (Part 1) Agreement
PART FOUR - WAGES AND RELATED MATTERS 15. RATES OF PAY 15.1 Wage rates 15.1.1 Instructors Old Rate 3% eff: 15 pay AFPC eff: 1 Dec 3% eff: 1" pay AFPC eff: 1 Oct 3% eff: 1" pay period on or 2006 period on or 2007 period on or after after1 July 2006 after 1 July 2007 1 July 2008 Band III Level Weekly Weekly Weekly Weekly Weekly Weekly By Band III 2 831.98 856.94 N/A 882.65 N/A 909.13 Appointment Instructor 1 861.78 887.63 812.31 836.68 N/A N/A 11 792.64 816.42 N/A 840.91 N/A 866.14 10 777.89 801.23 N/A 825.27 N/A 850.03 CIVICS, Band II 9 750.43 772.94 N/A 796.13 N/A 820.01 ACRACS Instructor 8 730.76 752.68 Or equivalent N/A 775.26 N/A 798.52 7 708.22 729.47 729.99 751.35 N/A 773.89 Minimum Qualification 6 688.76 709.42 716.12 730.70 N/A 752.62 5 674.36 694.59 701.72 715.43 N/A 736.89 4 653.17 672.77 680.53 692.95 N/A 713.74 3 638.78 657.94 666.14 677.68 N/A 698.01 Band I Band 1 2 614.79 633.23 642.15 652.23 652.41 671.80 Entry Level Instructor 1 636.86 637.92 655.97 600.30 618.31 627.66 - Certificate IV in Community Services (Disability - Community and Adult Training & Support Services), ACRACs or equivalents is the minimum qualification at Band 2. Progression within the band level is by annual increment subject to clause 15.3 of this Agreement Appointment to a vacancy is based on merit using articulated criteria and processes 15 Disability Services Victoria (Part 1) Agreement
15.1.2 Program Managers
Old Rate 3% eff: 15 pay AFPC eff: 1 Dec · 3% eff: 1" pay AFPC eff: 1 Oct 3% eff: 15
'
period on or after 2006 period on or 2007 period on
1 Julv 2006 after 1 Julv 2007 after 1 July
Weeklv. Weekly Weekly Weekly Weekly Weeki:
Program Manager: Grade 1 Centre:(Qualified: 960.32 N/A 989.13 N/A 1018.8
tertiary, Certificate IV* ACRACS or equivalent) 932.35
Program Manager: Grade 1 Centre: (81 & 923.49 N/A 951.19 N/A 979.7:
over) 896.59
Program Manager: Grade 2 Centre(Qualified: 940.64 N/A 968.86 N/A 997.9:
tertiary, Certificate IV *,ACRACS or equivalent) 913.24
Program Manager: Grade 2 Centre: (41 to 80 904.44 N/A 931.57 N/A 959.5~
adults) 878.10
Program Manager: Grade 3 Centre( Qualified: 919.71 N/A 947.30 N/A 975.7;
tertiary , Certificate IV ACRACS or equivalent) 892.92
Program Manager: Grade 3 Centre: (up to 40 877.37 N/A 903.69 N/A 930.8(
adults) 851.82
Ass. Program Manager: Grade 1 907.35 N/A 934.57 N/A 962.61
Centre:(Qualified: tertiary, Certificate IV
ACRACS or equivalent) 880.92
Ass. Program Manager: Grade 1 Centre 863.53 889.44 N/A 916.12 N/A 943.6(
Ass. Program Manager: Grade 2 888.43 N/A 915.08 N/A 942.5:
Centre:(Qualified: tertiary Certificate IV
ACRACS or equivalent) 862.55
Ass. Program Manaaer: Grade 2 Centre: 845.89 871.27 N/A 897.41 N/A 924.3:
___________________________________________________ 16
Disability Services Victoria (Part 1) Agreement
15.1.2 Program Managers Old Rate 3% eff: 15 pay AFPC eff: 1 Dec 3% eff: 15 pay AFPC eff: 1 Oct 3% eff: 1st period on or after 2006 period on or 2007 period on 1 July 2006 after 1 July 2007 after 1 July Weekly Weekly Weekly Weekly Weekly Weekl' Program Manager: Grade 1 Centre:(Qualified: 960.32 N/A 989.13 N/A 1018.8 tertiary, Certificate IV* ACRACS or equivalent) 932.35 Program Manager: Grade 1 Centre: (81 & 923.49 N/A 951.19 N/A 979.73 over) 896.59 Program Manager: Grade 2 Centre(Qualified: 940.64 N/A 968.86 N/A 997.93 tertiary, Certificate IV *, ACRACS or equivalent) 913.24 Program Manager: Grade 2 Centre: (41 to 80 904.44 N/A 931.57 N/A 959.52 adults) 878.10 Program Manager: Grade 3 Centre(Qualified: 919.71 N/A 947.30 N/A 975.72 tertiary , Certificate IV ACRACS or equivalent) 892.92 Program Manager: Grade 3 Centre: (up to 40 877.37 N/A 903.69 N/A 930.80 adults) 851.82 Ass. Program Manager: Grade 1 907.35 N/A 934.57 N/A 962.61 Centre:(Qualified: tertiary, Certificate IV ACRACS or equivalent) 880.92 Ass. Program Manager: Grade 1 Centre 863.53 889.44 N/A 916.12 N/A 943.60 Ass. Program Manager: Grade 2 888.43 N/A 915.08 N/A 942.53 Centre:(Qualified: tertiary Certificate IV ACRACS or equivalent) 862.55 Ass. Program Manager: Grade 2 Centre: 845.89 871.27 N/A 897.41 N/A 924.33 16 Disability Services Victoria (Part 1) Agreement
15.2 Minimum Rate of Pay- Employer Guarantee
In accordance with Part 7, Division 2 of the Workplace Relations Act 1996, an
employee who is covered by an APCS must be paid a basic periodic rate of
pay for each of the employee's guaranteed hours (pro rata for part hours) that
is at least equal to the basic periodic rate of pay that is payable to the
employee under the APCS.
Should the APCS rate of pay exceed that prescribed in the Agreement, the
APCS rate of pay shall constitute the minimum rate of pay to be paid to the
employee.
15.3 Incremental Progression
Incremental Progression is subject to meeting the requirements of the band
descriptors and based on satisfactory performance in the previous year in
accordance with the Performance Management Program ("PMP").
All employees will participate in the employer's PMP. In cases where a
Performance Management Review is delayed, the anniversary date shall not
be changed and any increase in salary will be paid retrospectively to the
anniversary date. Movement to the next highest salary point will be effective
from the employee's anniversary date.
An employee who has been on leave without pay in excess of three months,
in aggregate, in a twelve month period, shall have the review delayed by the
period of absence. Any resultant increase shall also be delayed by the period
of absence. The delay will alter the employee's anniversary date with respect
to this sub-clause.
Employees will progress annually, subject to satisfactory performance in the
PMP review process, to the next incremental point within the band range of
their level of appointment, until the top salary point is reached.
Where an employer is not satisfied that an employee's performance has met
the requirements for the award of an increment the employee shall be
informed of specifically how they have failed to meet the key criteria. The
employee will be given an opportunity to raise mitigating circumstances or
ongoing professional development of which the employer might be unaware.
After considering any response from the employee the employer shall make a
recommendation to defer or deny an increment if they consider that the
employee has still not met the requirements for an incremental increase. Any
recommendation shall include reasons and be provided in writing to the
employee.
The recommendation by the employer to deny or defer an increment must be
made, where practicable, no less than three months prior to the end of the
relevant incremental period.
__________________________________________________ !?
Disability Services Victoria (Part 1) Agreement
15.2 Minimum Rate of Pay - Employer Guarantee In accordance with Part 7, Division 2 of the Workplace Relations Act 1996, an employee who is covered by an APCS must be paid a basic periodic rate of pay for each of the employee's guaranteed hours (pro rata for part hours) that is at least equal to the basic periodic rate of pay that is payable to the employee under the APCS. Should the APCS rate of pay exceed that prescribed in the Agreement, the APCS rate of pay shall constitute the minimum rate of pay to be paid to the employee. 15.3 Incremental Progression Incremental Progression is subject to meeting the requirements of the band descriptors and based on satisfactory performance in the previous year in accordance with the Performance Management Program ("PMP"). All employees will participate in the employer's PMP. In cases where a Performance Management Review is delayed, the anniversary date shall not be changed and any increase in salary will be paid retrospectively to the anniversary date. Movement to the next highest salary point will be effective from the employee's anniversary date. An employee who has been on leave without pay in excess of three months, in aggregate, in a twelve month period, shall have the review delayed by the period of absence. Any resultant increase shall also be delayed by the period of absence. The delay will alter the employee's anniversary date with respect to this sub-clause. Employees will progress annually, subject to satisfactory performance in the PMP review process, to the next incremental point within the band range of their level of appointment, until the top salary point is reached. Where an employer is not satisfied that an employee's performance has met the requirements for the award of an increment the employee shall be informed of specifically how they have failed to meet the key criteria. The employee will be given an opportunity to raise mitigating circumstances or ongoing professional development of which the employer might be unaware. After considering any response from the employee the employer shall make a recommendation to defer or deny an increment if they consider that the employee has still not met the requirements for an incremental increase. Any recommendation shall include reasons and be provided in writing to the employee. The recommendation by the employer to deny or defer an increment must be made, where practicable, no less than three months prior to the end of the relevant incremental period. 17 Disability Services Victoria (Part 1) Agreement
For part-time Instructors an equivalent full instruction year shall comprise
1,505 hours. An increment shall be paid for every 1,505 hours completed.
For casual Instructors an equivalent full instruction year shall comprise 1 ,484
hours. An increment shall be paid for every 1,484 hours completed.
15.4 Qualifications
Band I (Instructor)
Band II (Instructor)
15.5 Recruitment
No qualifications required
Minimum qualification Certificate IV
Community Services (Disability)
equivalent)
in
(or
The employer may advertise a position at any particular Band level as defined
in Appendix 1 A to 1 E.
On appointment staff shall be given credit for their previous years of
experience which is relevant or deemed to be relevant to the field and
outcomes of previous. competency reviews and relevant qualifications,
provided such prior service, review outcomes and qualifications are
documented and relevant to the band level of the advertised position.
For each completed year of relevant experience, an additional salary
increment must be paid within the employee's relevant band.
Relevant experience includes:
• employment in Adult Training and Support Services.
• employment in a comparable position in a Residential Service with a
similar client group.
• employment in a relevant occupation in an Employment Service.
• employment as a teacher in a related environment.
Explanatory notes:
• An employer may advertise a position as Band 1, Band 2 or Band 3. On
appointment to a particular band level an employee will be given credit for
previous relevant experience as specified in Clause 13.3 of the Agreement.
Credit for previous experience will not take an employee beyond the band
level to which they are appointed. In recognition of the need for a trained and
skilled workforce, an employee appointed to Band 1 level should be
encouraged to undertake studies for Certificate IV in Community Services
(Disability - Community and Adult Training and Support Services) and further
encouraged to apply for a Band 2 position as it becomes available.
• An employee appointed to a Band 1 level will progress annually (subject to
incremental review) to the top of that Band level. Appointment to a higher
Band level will be subject to qualification requirements, a vacancy arising and
selection on merit.
_____________________________________________________ 18
Disability Services Victoria (Part 1) Agreement
For part-time Instructors an equivalent full instruction year shall comprise 1,505 hours. An increment shall be paid for every 1,505 hours completed. For casual Instructors an equivalent full instruction year shall comprise 1,484 hours. An increment shall be paid for every 1,484 hours completed. 15.4 Qualifications Band I (Instructor) No qualifications required Band II (Instructor) Minimum qualification Certificate IV in Community Services (Disability) (or equivalent) 15.5 Recruitment .. The employer may advertise a position at any particular Band level as defined in Appendix 1A to 1E. On appointment staff shall be given credit for their previous years of experience which is relevant or deemed to be relevant to the field and outcomes of previous competency reviews and relevant qualifications, provided such prior service, review outcomes and qualifications are documented and relevant to the band level of the advertised position. For each completed year of relevant experience, an additional salary increment must be paid within the employee's relevant band. Relevant experience includes: employment in Adult Training and Support Services. . . employment in a comparable position in a Residential Service with a similar client group employment in a relevant occupation in an Employment Service. . . employment as a teacher in a related environment. Explanatory notes: An employer may advertise a position as Band 1, Band 2 or Band 3. On appointment to a particular band level an employee will be given credit for previous relevant experience as specified in Clause 13.3 of the Agreement. Credit for previous experience will not take an employee beyond the band level to which they are appointed. In recognition of the need for a trained and skilled workforce, an employee appointed to Band 1 level should be encouraged to undertake studies for Certificate IV in Community Services (Disability - Community and Adult Training and Support Services) and further encouraged to apply for a Band 2 position as it becomes available An employee appointed to a Band 1 level will progress annually (subject to incremental review) to the top of that Band level. Appointment to a higher Band level will be subject to qualification requirements, a vacancy arising and selection on merit. 18 Disability Services Victoria (Part 1) Agreement
• An employee appointed to a Band 2 level will progress annually (subject to
incremental review) to the top of that Band level. Appointment to a higher
Band level will be subject to qualification requirements, a vacancy arising and
selection on merit.
• An employee appointed to a Band 3 level will progress annually (subject to
incremental review) to the top of that Band level.
• It is recommended to employers that when a position is advertised at a
particular band level that the salary range be included in the advertisement.
This will assist the prospective employee to differentiate between each band
level.
16. HIGHER DUTIES
Any employee who is called upon to perform the duties of another employee on a
higher classification under this Agreement for any period of one day or more shall be
paid for the period for which the duties are assumed at a rate not less than the
Minimum rate prescribed for the classification applying to the employee so relieved.
17. PAYMENT OF WAGES
17.1 Wages shall be paid not later than Thursday following the end of the
fortnightly pay period provided that this subclause will not come into effect if
any unforeseen event outside the control of the employer frustrates the
employer's ability to meet the requirements of this subclause.
17.2 When notice of termination of employment has been given by an employee or
an employee's services have been terminated by an employer, payment of all
wages and other monies owing to an employee shall be made to the
employee.
17.3 When an employee receives his or her wages he or she shall be given a pay
slip which shows wages and superannuation contributions and ·any
deductions, in accordance with the regulations made under the Workplace
Relations Act 1996 or successors thereto.
18. SUPERANNUATION
The subject of superannuation is dealt with extensively by legislation including the
Superannuation Guarantee (Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (SupeNision) Act 1993
and the Superannuation (Resolution of Complaints) Act 1993 (collectively the
superannuation legislation). This legislation, as varied from time to time, governs the
superannuation rights and obligations of the parties.
__________________________________________________ 19
Disability Services Victoria (Part 1) Agreement .
An employee appointed to a Band 2 level will progress annually (subject to incremental review) to the top of that Band level. Appointment to a higher Band level will be subject to qualification requirements, a vacancy arising and selection on merit. An employee appointed to a Band 3 level will progress annually (subject to incremental review) to the top of that Band level. It is recommended to employers that when a position is advertised at a particular band level that the salary range be included in the advertisement. This will assist the prospective employee to differentiate between each band level. 16. HIGHER DUTIES Any employee who is called upon to perform the duties of another employee on a higher classification under this Agreement for any period of one day or more shall be paid for the period for which the duties are assumed at a rate not less than the Minimum rate prescribed for the classification applying to the employee so relieved. 17. PAYMENT OF WAGES 17.1 Wages shall be paid not later than Thursday following the end of the fortnightly pay period provided that this subclause will not come into effect if any unforeseen event outside the control of the employer frustrates the employer's ability to meet the requirements of this subclause. 17.2 When notice of termination of employment has been given by an employee or an employee's services have been terminated by an employer, payment of all wages and other monies owing to an employee shall be made to the employee. 17.3 When an employee receives his or her wages he or she shall be given a pay slip which shows wages and superannuation contributions and any deductions, in accordance with the regulations made under the Workplace Relations Act 1996 or successors thereto. 18. SUPERANNUATION The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 (collectively the superannuation legislation). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 19 Disability Services Victoria (Part 1) Agreement .
18.1 Definitions
For the purpose of this clause:
18.1.1 Fund means either Heath Super or HESTA.
18.1.2 Ordinary time earnings means the actual ordinary rate of pay the
employee receives for ordinary hours of work including shift, Saturday
and Sunday allowances.
18.2 The Employer contributions
In order to avoid paying the superannuation guarantee charge, the Employer
must, in accordance with the governing rules of the relevant Fund, make such
superannuation contributions as defined in 18.1.2 for the benefit of an
employee.
18.3 Voluntary employee contributions
18.3.1 Subject to the governing rules of the relevant Fund, an employee who
wishes to make contributions to the Fund, may either forward their own
contribution directly to the fund administrators or authorise the
Employer in writing to pay into the Fund from the employee's wages,
amounts specified by the employee.
18.3.2 Employee contributions to the Fund deducted by the Employer at an
employee's request shall be held in the employee's behalf and subject
to individual agreement shall meet the following conditions:
18.3.2(a)The amount of contributions shall be expressed in whole
dollars.
18.3.2(b)An employee shall have the right to adjust the level of
contribution made on his or her behalf from the first month,
following the giving of three months' written notice to the
Employer.
18.3.2(c)Contributions deducted under this clause shall be forwarded
to the Fund at the same time as contributions under 18.2.
18.4 Employer to join Fund
18.4.1 The Employer must, in accordance with the governing rules of the
· relevant Fund, make superannuation contributions to any of the
following funds:
18.4.1(a) Health Super; and
18.4.1(b) HESTA
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Disability Services Victoria (Part 1) Agreement
18.1 Definitions For the purpose of this clause: 18.1.1 Fund means either Heath Super or HESTA. 18.1.2 Ordinary time earnings means the actual ordinary rate of pay the employee receives for ordinary hours of work including shift, Saturday and Sunday allowances. 18.2 The Employer contributions In order to avoid paying the superannuation guarantee charge, the Employer must, in accordance with the governing rules of the relevant Fund, make such superannuation contributions as defined in 18.1.2 for the benefit of an employee. 18.3 Voluntary employee contributions 18.3.1 Subject to the governing rules of the relevant Fund, an employee who wishes to make contributions to the Fund, may either forward their own contribution directly to the fund administrators or authorise the Employer in writing to pay into the Fund from the employee's wages, amounts specified by the employee. 18.3.2 Employee contributions to the Fund deducted by the Employer at an employee's request shall be held in the employee's behalf and subject to individual agreement shall meet the following conditions: 18.3.2(a) The amount of contributions shall be expressed in whole dollars. 18.3.2(b)An employee shall have the right to adjust the level of contribution made on his or her behalf from the first month, following the giving of three months' written notice to the Employer. 18.3.2(c) Contributions deducted under this clause shall be forwarded to the Fund at the same time as contributions under 18.2. 18.4 Employer to join Fund 18.4.1 The Employer must, in accordance with the governing rules of the relevant Fund, make superannuation contributions to any of the following funds: 18.4.1(a) Health Super; and 18.4.1(b) HESTA 20 Disability Services Victoria (Part 1) Agreement
18.5 Default Fund
18.5.1 In the event that an employee does not elect to join a fund specified in
Clause 18.4.1 the employer shall forward the employees contributions
to Health Super.
18.6 Absence from work
Subject to the governing rules of the Fund of which an employee is a member,
the following provisions shall apply:
18.7 Paid Leave
Contributions shall continue whilst a member of a Fund is absent on paid
annual leave, sick leave, long service leave, public holidays, jury service,
bereavement or other paid leave.
Contributions shall not be made during any other period of absence.
18.8 Approved Status
18.8.1 If the Fund ceases to be a complying superannuation fund under the
superannuation legislation, or if the Fund fails to confonm fully to the
standards laid down by the Office of the Insurance and Superannuation
Commissioner the Employer may suspend the Employer contributions
immediately and until such time as compliance is achieved.
18.8.2 Upon compliance being re-established, the Employer shall pay
contributions that would have been payable during the period the Fund
failed to comply with the appropriate standards.
18.9 Settlement of Disputes
Any dispute in relation to the application of Clause 18 is. to be dealt with in
accordance with Clause 9- Disputes and Grievance Procedure.
19. SALARY PACKAGING
All employees covered by the Agreement will have access to salary packaging
arrangements as follows:
19.1 By agreement with the employee, the current rate of pay specified in the
Agreement may be salary packaged in accordance with the requirements of
· the Employer.
19.2 The employee shall compensate the Employer from within their base
remuneration, for any FBT incurred as a consequence of any salary
packaging arrangement the employee has entered into. Where the employee
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Disability Services Victoria (Part 1) Agreement
18.5 Default Fund 18.5.1 In the event that an employee does not elect to join a fund specified in Clause 18.4.1 the employer shall forward the employees contributions to Health Super. 18.6 Absence from work Subject to the governing rules of the Fund of which an employee is a member, the following provisions shall apply: 18.7 Paid Leave Contributions shall continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement or other paid leave. Contributions shall not be made during any other period of absence. 18.8 Approved Status 18.8.1 If the Fund ceases to be a complying superannuation fund under the superannuation legislation, or if the Fund fails to conform fully to the standards laid down by the Office of the Insurance and Superannuation Commissioner the Employer may suspend the Employer contributions immediately and until such time as compliance is achieved. 18.8.2 Upon compliance being re-established, the Employer shall pay contributions that would have been payable during the period the Fund failed to comply with the appropriate standards. 18.9 Settlement of Disputes Any dispute in relation to the application of Clause 18 is to be dealt with in accordance with Clause 9 - Disputes and Grievance Procedure. 19. SALARY PACKAGING All employees covered by the Agreement will have access to salary packaging arrangements as follows: 19.1 By agreement with the employee, the current rate of pay specified in the Agreement may be salary packaged in accordance with the requirements of the Employer. 19.2 The employee shall compensate the Employer from within their base remuneration, for any FBT incurred as a consequence of any salary packaging arrangement the employee has entered into. Where the employee 21 Disability Services Victoria (Part 1) Agreement
chooses not to pay any of the costs associated with their salary packaging,
the Employer may cease the employee's salary packaging arrangement.
19.3 The parties agree that in the event that salary packaging ceases to be an
advantage to the employee (including as a result of subsequent changes to
FBT legislation), the employee may elect to convert the amount packaged to
salary. Any costs associated with the conversion to salary shall be borne by
the employee and the Employer shall not be liable to make up any benefit lost
as a consequence of an employee's decision to convert to salary.
19.4 The employee shall be responsible for all costs associated with the
administration of their salary packaging arrangements, provided that such
costs shall be confined to reasonable commercial charges as levied directly
by the external salary packaging provider and/or in-house payroll service (as
applicable), as varied from time to time.
19.5 The parties recommend to employees who are considering salary packaging
that they seek independent financial advice. The Employer shall not be held
responsible in any way for the cost or outcome of any such advice, and
furthermore, the parties agree that the employee shall pay any costs
associated with salary packaging.
19.5 Superannuation contributions paid by the Employer into an approved fund will
be calculated on the rate for the employee's classification as varied by this
Agreement.
PART FIVE - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK
20. HOURS OF WORK
Clause 20.1 applies to those Employees who are employed on or after the date
of lodgement of the Agreement or to those Employees who agree to be part of
this sub-clause.
20.1 The hours for an ordinary week's work shall be 38, or be an average of 38 per
week in a fortnight, or in a four week period of 152 hours to be worked in any
arrangement of shifts as follows:
20.1.1 The span of ordinary hours shall be from 7am to 1 Opm, Monday to
Sunday, unless otherwise agreed between the Employer and
Employee;
20.1.2 The span of ordinary hours shall not exceed twelve hours in any one
day and 48 hours in any one week.
20.1.3.Where it is proposed that work be carried out on Saturday andfor
Sunday, the following shall apply:
(i) an employee shall receive two consecutive days off, and
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Disability Services Victoria (Part 1) Agreement
chooses not to pay any of the costs associated with their salary packaging, the Employer may cease the employee's salary packaging arrangement. 19.3 The parties agree that in the event that salary packaging ceases to be an advantage to the employee (including as a result of subsequent changes to FBT legislation), the employee may elect to convert the amount packaged to salary. Any costs associated with the conversion to salary shall be borne by the employee and the Employer shall not be liable to make up any benefit lost as a consequence of an employee's decision to convert to salary. 19.4 The employee shall be responsible for all costs associated with the administration of their salary packaging arrangements, provided that such costs shall be confined to reasonable commercial charges as levied directly by the external salary packaging provider and/or in-house payroll service (as applicable), as varied from time to time. 19.5 The parties recommend to employees who are considering salary packaging that they seek independent financial advice. The Employer shall not be held responsible in any way for the cost or outcome of any such advice, and furthermore, the parties agree that the employee shall pay any costs associated with salary packaging. 19.5 Superannuation contributions paid by the Employer into an approved fund will be calculated on the rate for the employee's classification as varied by this Agreement. PART FIVE - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK 20. HOURS OF WORK Clause 20.1 applies to those Employees who are employed on or after the date of lodgement of the Agreement or to those Employees who agree to be part of this sub-clause. 20.1 The hours for an ordinary week's work shall be 38, or be an average of 38 per week in a fortnight, or in a four week period of 152 hours to be worked in any arrangement of shifts as follows: : 20.1.1 The span of ordinary hours shall be from 7am to 10pm, Monday to Employee; Sunday, unless otherwise agreed between the Employer and 20.1.2 The span of ordinary hours shall not exceed twelve hours in any one day and 48 hours in any one week. 20.1.3 Where it is proposed that work be carried out on Saturday and/or Sunday, the following shall apply: (i) an employee shall receive two consecutive days off, and 22 Disability Services Victoria (Part 1) Agreement
(ii) any ordinary time worked on Saturday and/or Sunday will be
paid at time and one quarter. The extra quarter shall be taken
as time in lieu except where the employer and the employee
agree that payments may be made at the same rate as the time
in lieu.
(iii) any time worked that is additional to 38 hours shall attract the
rates as prescribed for time off in lieu/overtime.
Clause 20.2 applies to those Employees who were employed prior to the date
of lodgement of the Agreement.
20.2 The ordinary hours of work shall be 152 per four week period to be worked
either:
20.2.1 Monday to Friday between the hours of 7.30 a.m. and 7.30 p.m. and
shall be worked as required by the employer as either:
• twenty days of not more than 7.6 consecutive hours each;
or
• a maximum of 9 consecutive hours in any one day with a maximum
average of 38 hours per week over a four week period by providing
for rostered days off;
or
• by mutual agreement any other arrangement provided that the
length of any ordinary day shall not exceed 12 consecutive hours
and provided that no m()re than 48 hours may be worked in any one
week.
The actual starting and finishing time shall be arranged at the
workplace,
OR
20.2.2 Where it is proposed that work be carried out on Saturday and
Sundays, the following shall apply:
• by agreement between the employer and the employee, an
employee may work ordinary hours on any five days out of seven
between the hours of 7.30 a.m. and 7.30 p.m. provided that:
(i) an employee receives two consecutive days off, and
(ii) any ordinary time worked on Saturday and Sunday will be
remunerated at time and one quarter. The extra quarter
shall be taken as time in lieu except where the employer and
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Disability Services Victoria (Part 1) Agreement
(ii) any ordinary time worked on Saturday and/or Sunday will be paid at time and one quarter. The extra quarter shall be taken as time in lieu except where the employer and the employee agree that payments may be made at the same rate as the time in lieu. (iii) any time worked that is additional to 38 hours shall attract the rates as prescribed for time off in lieu/overtime. Clause 20.2 applies to those Employees who were employed prior to the date of lodgement of the Agreement. 20.2 The ordinary hours of work shall be 152 per four week period to be worked either: 20.2.1 Monday to Friday between the hours of 7.30 a.m. and 7.30 p.m. and shall be worked as required by the employer as either: · twenty days of not more than 7.6 consecutive hours each; or . a maximum of 9 consecutive hours in any one day with a maximum average of 38 hours per week over a four week period by providing for rostered days off; or · by mutual agreement any other arrangement provided that the length of any ordinary day shall not exceed 12 consecutive hours and provided that no more than 48 hours may be worked in any one week. The actual starting and finishing time shall be arranged at the workplace, OR 20.2.2 Where it is proposed that work be carried out on Saturday and Sundays, the following shall apply: · by agreement between the employer and the employee, an employee may work ordinary hours on any five days out of seven between the hours of 7.30 a.m. and 7.30 p.m. provided that: (0) an employee receives two consecutive days off, and (ii) any ordinary time worked on Saturday and Sunday will be remunerated at time and one quarter. The extra quarter shall be taken as time in lieu except where the employer and 23 Disability Services Victoria (Part 1) Agreement
the employee agree that payments may be made at the
same rate as the time in lieu.
(iii) any time worked that is additional to 38 hours shall attract
the rates as prescribed for time off in lieu/overtime.
20.3 Non Contact Hours
Time in excess of client attendance shall be spent in preparation and
evaluation. A minimum of five hours non contact time shall be provided each
week in a period or periods of not less than 30 minutes duration.
20.4 Rosters
A roster setting out the employees' daily ordinary working hours,
commencement and finishing times shall be posted where it can be readily
seen by all employees.
Except in emergency situations seven (7) days notice shall be given of a
change in the roster.
Rosters may be fixed by mutual agreement.
20.5 Program Development and Professional Development Days
The instructors of each Adult Training & Support Service (ATSS) shall be
entitled to a Minimum of four days per annum of which a minimum of 3 shall
be Program Development Days with such days being used for program
development purposes. The actual date of any Program Developmental Days
shall be agreed to between the employer and the majority of employees. One
day shall be allocated for professional development activities in accordance
with the employer's professional development/training policies.
21. MEAL INTERVALS AND REST INTERVALS
21.1 Meal intervals
21.1.1 Centre Based Activities
21.1.1(a)Except as provided in 21.1.1(b), a meal interval of not less
than 30 minutes and not more than 60 minutes shall be
allowed to each employee during each shift. Such meal
interval shall not be counted as time worked.
21.1.1(b)Where an employee is required, by the employer, to remain
available for work during the meal break, the meal break will
be counted as time worked.
21.1.2 Community Based and/or External Day Program(s)
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Disability Services Victoria (Part 1) Agreement
the employee agree that payments may be made at the same rate as the time in lieu. (iii) any time worked that is additional to 38 hours shall attract the rates as prescribed for time off in lieu/overtime. 20.3 Non Contact Hours Time in excess of client attendance shall be spent in preparation and evaluation. A minimum of five hours non contact time shall be provided each week in a period or periods of not less than 30 minutes duration. 20.4 Rosters A roster setting out the employees' daily ordinary working hours, commencement and finishing times shall be posted where it can be readily seen by all employees. Except in emergency situations seven (7) days notice shall be given of a change in the roster. Rosters may be fixed by mutual agreement. 20.5 Program Development and Professional Development Days The instructors of each Adult Training & Support Service (ATSS) shall be entitled to a Minimum of four days per annum of which a minimum of 3 shall be Program Development Days with such days being used for program development purposes. The actual date of any Program Developmental Days shall be agreed to between the employer and the majority of employees. One day shall be allocated for professional development activities in accordance with the employer's professional development/training policies. 21. MEAL INTERVALS AND REST INTERVALS 21.1 Meal intervals 21.1.1 Centre Based Activities 21.1.1(a) Except as provided in 21.1.1(b), a meal interval of not less than 30 minutes and not more than 60 minutes shall be allowed to each employee during each shift. Such meal interval shall not be counted as time worked. 21.1.1(b)Where an employee is required, by the employer, to remain available for work during the meal break, the meal break will be counted as time worked. 21.1.2 Community Based and/or External Day Program(s) 24 Disability Services Victoria (Part 1) Agreement
Where an employee is required to participate in Community Based
and/or External Day Program(s) the employee will be required to
remain available for work during the meal break and the meal break will
be counted as time worked.
21.2 Rest intervals
At a time suitable to the employer, a rest interval of ten minutes shall be given
to all employees during each four (4) hours worked. Such rest break shall be
counted as time worked. ·
22. OVERTIME I TIME OFF IN LIEU
22.1 An employee who is required by the employer to work at any time outside the
ordinary hours of work (as defined in clause 20) shall be entitled to time off in
lieu without loss of pay on the following basis:
22.1.1 for additional hours worked on weekdays the employee shall receive
one hour time off in lieu for each hour worked; and
22.1.2 for hours worked on Saturday and Sunday the employee shall receive
one and a half hours off in lieu for each hour worked.
22.2 Where the employer and the employee so agree, overtime payments may be
made at the same rate as time in lieu as specified above.
22.3 Participation in staff development, strategic planning meetings or staff
meetings outside ordinary hours may attract one hour time off in lieu for each
hour of participation provided participation is voluntary and approved by the
employer.
22.4 Camps
22.4.1 Instructors who agree to participate in camps shall be entitled to a
minimum of one half day off in lieu of each overnight stay at camp.
Camps which are conducted on weekends shall incur time off in lieu
provisions which allow for a minimum of two days off for each night
spent at camp.
22.4.2 An instructor required for' overnight stays in independent living houses
maintained by the Committee of Management shall receive a Minimum
of one half-day off in lieu of each authorised overnight stay.
Authorisation shall be by way of agreement in advance between the
Committee of Management and the employee concerned.
22.4.3 Time off in lieu entitlements shall be agreed between the employer and
employee and the agreed entitlement properly recorded. An instructor
entitled to time off in lieu shall avail themselves of this entitlement by
___________________________________________________ .25
Disability Services Victoria (Part 1) Agreement
Where an employee is required to participate in Community Based and/or External Day Program(s) the employee will be required to remain available for work during the meal break and the meal break will be counted as time worked. 21.2 Rest intervals At a time suitable to the employer, a rest interval of ten minutes shall be given to all employees during each four (4) hours worked. Such rest break shall be counted as time worked. 22. OVERTIME / TIME OFF IN LIEU 22.1 An employee who is required by the employer to work at any time outside the ordinary hours of work (as defined in clause 20) shall be entitled to time off in lieu without loss of pay on the following basis: 22.1.1 for additional hours worked on weekdays the employee shall receive one hour time off in lieu for each hour worked; and 22.1.2 for hours worked on Saturday and Sunday the employee shall receive one and a half hours off in lieu for each hour worked. 22.2 Where the employer and the employee so agree, overtime payments may be made at the same rate as time in lieu as specified above. 22.3 Participation in staff development, strategic planning meetings or staff meetings outside ordinary hours may attract one hour time off in lieu for each hour of participation provided participation is voluntary and approved by the employer. 22.4 Camps 22.4.1 Instructors who agree to participate in camps shall be entitled to a minimum of one half day off in lieu of each overnight stay at camp. Camps which are conducted on weekends shall incur time off in lieu provisions which allow for a minimum of two days off for each night spent at camp. 22.4.2 An instructor required for overnight stays in independent living houses maintained by the Committee of Management shall receive a Minimum of one half-day off in lieu of each authorised overnight stay. Authorisation shall be by way of agreement in advance between the Committee of Management and the employee concerned. 22.4.3 Time off in lieu entitlements shall be agreed between the employer and employee and the agreed entitlement properly recorded. An instructor entitled to time off in lieu shall avail themselves of this entitlement by 25 Disability Services Victoria (Part 1) Agreement
agreement with their employer, within six months of the entitlement
being accrued and in any event within the calendar year to which it
applies. In the event that the time in lieu is not taken within the
calendar year the employee will receive overtime payments which are
to be made at the same rate as time in lieu.
PART SIX- LEAVE OF ABSENCE AND PUBLIC HOLIDAYS.
23. ANNUAL LEAVE
23.1 Period of leave
An employee, other than a casual employee, shall be entitled to six weeks
annual leave on ordinary pay after twelve months of continuous service.
Provided that an employee who during the year in which his or her annual
leave accrues is rostered to work ordinary hours on thirty or more weekends,
shall be entitled to an additional week's leave:
Annual leave accrues pro rata on a four (4) weekly basis.
23.2 Annual leave exclusive of public holidays
The annual leave prescribed in 23.1 shall be exclusive of any of the holidays
prescribed in clause 26 - Public holidays and if any such holiday falls within an
employee's period of annual leave and is observed on a day on which in the
case of an employee would have been an ordinary working day there shall be
added to the period of annual leave time equivalent to the ordinary time which
the employee would have worked if such day had not been a holiday.
23.3 Part-time entitlement
23.3.1 A part-time employee shall be entitled to annual leave on a pro-rata
basis of the leave prescribed in clause 23.1 for a full-time employee.
23.3.2 Provided that where the ordinary hours for a part-time employee have
varied over a period of accrual for annual leave, the average ordinary
hours shall be determined and used as the basis for calculating the
payment for annual leave.
23.4 Termination of employment
23.5.1 An employee terminating employment during the year shall be entitled
to pro rata holiday pay for the time worked.
23.5.2 All accrued annual leave including leave loading shall be paid out at
the current ordinary rate on termination.
23.5 Time of taking leave
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Disability Services Victoria (Part 1) Agreement
agreement with their employer, within six months of the entitlement being accrued and in any event within the calendar year to which it applies. In the event that the time in lieu is not taken within the calendar year the employee will receive overtime payments which are to be made at the same rate as time in lieu. PART SIX - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS. 23. ANNUAL LEAVE 23.1 Period of leave An employee, other than a casual employee, shall be entitled to six weeks annual leave on ordinary pay after twelve months of continuous service. Provided that an employee who during the year in which his or her annual leave accrues is rostered to work ordinary hours on thirty or more weekends, shall be entitled to an additional week's leave: Annual leave accrues pro rata on a four (4) weekly basis. 23.2 Annual leave exclusive of public holidays The annual leave prescribed in 23.1 shall be exclusive of any of the holidays prescribed in clause 26 - Public holidays and if any such holiday falls within an employee's period of annual leave and is observed on a day on which in the case of an employee would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday. 23.3 Part-time entitlement 23.3.1 A part-time employee shall be entitled to annual leave on a pro-rata basis of the leave prescribed in clause 23.1 for a full-time employee. 23.3.2 Provided that where the ordinary hours for a part-time employee have varied over a period of accrual for annual leave, the average ordinary hours shall be determined and used as the basis for calculating the payment for annual leave. 23.4 Termination of employment 23.5.1 An employee terminating employment during the year shall be entitled to pro rata holiday pay for the time worked. 23.5.2 All accrued annual leave including leave loading shall be paid out at the current ordinary rate on termination. 23.5 Time of taking leave 26 Disability Services Victoria (Part 1) Agreement
23.5.1 Where clause 23.6 does not apply, annual leave shall be given or
taken at a mutually agreed time as determined between the employee
and their manager, but not more than 12 months after the right to the
leave accrued unless agreed to by both parties.
23.5.2 A minimum of one months notice shall be given by the employee or the
employer before going on annual leave.
23.6 Employer close down
23.6.1 Where an employer closes down a centre, or a section or sections
thereof, for the purposes of allowing annual leave to all or the bulk of
the employees in the centre, or section or sections concerned, the
following provisions shall apply with regard to those employees who
are in their first year of employment and who may not yet be entitled to
the full leave entitlement:
23.6.1 (a) The employer may, be giving not less than four weeks' notice
of intention to do so, stand down for the duration of the close
down all employees in the centre, section or sections
concerned, and allow to those who are not qualified for a full
entitlement to annual leave for twelve months crintinuous
service on a proportionate basis at the appropriate rate of pay
in respect of the weeks already worked.
23.6.1(b)lf in the first year of service with an employer an employee is
allowed proportionate annual leave under the provisions of
this clause and subsequently within such year lawfully leaves
the employment or the employment is lawfully terminated by
the employer, the employee shall be entitled to the benefit of
pro rata leave on termination subject to adjustment for any
proportionate leave which may have been allowed.
23.6.2 Pro rata entitlement shall be assessed by using the following formula:
number of weeks worked over 46 (being the number of working weeks
in the normal year x 6 weeks leave) i.e.
No. of weeks worked* x §
46 1
from which result shall be deducted the annual leave already taken.
For the purposes of this clause a working week is a week in which the
centre is open on at least three days.
*Note: Weeks worked includes any period of paid leave or workcover
make-up pay period.
23.7 Annual Leave Loading
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Disability Services Victoria (Part 1) Agreement
23.5.1 Where clause 23.6 does not apply, annual leave shall be given or taken at a mutually agreed time as determined between the employee and their manager, but not more than 12 months after the right to the leave accrued unless agreed to by both parties. 23.5.2 A minimum of one months notice shall be given by the employee or the employer before going on annual leave. 23.6 Employer close down 23.6.1 Where an employer closes down a centre, or a section or sections thereof, for the purposes of allowing annual leave to all or the bulk of the employees in the centre, or section or sections concerned, the following provisions shall apply with regard to those employees who are in their first year of employment and who may not yet be entitled to the full leave entitlement: 23.6.1(a) The employer may, be giving not less than four weeks' notice of intention to do so, stand down for the duration of the close- down all employees in the centre, section or sections concerned, and allow to those who are not qualified for a full entitlement to annual leave for twelve months continuous service on a proportionate basis at the appropriate rate of pay in respect of the weeks already worked. 23.6.1(b)If in the first year of service with an employer an employee is allowed proportionate annual leave under the provisions of this clause and subsequently within such year lawfully leaves the employment or the employment is lawfully terminated by the employer, the employee shall be entitled to the benefit of pro rata leave on termination subject to adjustment for any proportionate leave which may have been allowed. 23.6.2 Pro rata entitlement shall be assessed by using the following formula: number of weeks worked over 46 (being the number of working weeks in the normal year x 6 weeks leave) i.e. No. of weeks worked* x 6 46 1 from which result shall be deducted the annual leave already taken. For the purposes of this clause a working week is a week in which the centre is open on at least three days. *Note: Weeks worked includes any period of paid leave or workcover make-up pay period. 23.7 Annual Leave Loading 27 Disability Services Victoria (Part 1) Agreement
In addition to the payments prescribed in 23.1 of this clause an employee
shall receive a loading of 17.5% on a maximum of four weeks annual leave in
respect of any one year of employment or a proportion of four weeks or
payment in lieu thereof due to respect of any period of employment less than
one year.
23.8 Calculation of Continuous Service
23.8.1 For the purposes of this agreement a year of employment shall be
deemed to be unbroken notwithstanding:
23.8.1 (a) any annual leave, long service leave, paid sick leave or paid
parental leave taken therein;
23.8.1 (b)any interruption or ending of the employment by the employer
if such interruption or ending is made with the intention of
avoiding obligations in respect of annual leave or long service
leave;
23.8.1(c)any absence from work of not more than fourteen days in the
year of employment on account of accident or illness on
unpaid sick leave or make-up pay,
23.8.1(d)any absence on account of leave (other than annual leave,
long service leave, paid sick leave or paid parental leave)
granted imposed or agreed to by the employer;
23.8.1 (e) any absence on any other account not involving termination of
employment.
and in calculating a year of employment, absences of a kind mentioned
in clauses 23.8.1(a), 23.8.1(b) or 23.8.1(c) shall be counted as part of
the year of employment but in respect of absences of a kind mentioned
in clauses 23.8.1 (d), and 23.8.1 (e) it will be necessary for the
employee as part of his or her qualification for annual leave to serve
such additional period as equals the period of such absences.
24. PERSONAL LEAVE
24.1 Paid personal leave is available to an employee when absence is due to:
• personal illness or injury (sick leave); or
• for the purposes of caring for an immediate family or household
member that is sick and requires the employee's care and support
(carer's leave) or;
• because of bereavement on the death of an immediate family or
household member (bereavement leave).
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Disability Services Victoria (Part 1) Agreement
In addition to the payments prescribed in 23.1 of this clause an employee shall receive a loading of 17.5% on a maximum of four weeks annual leave in respect of any one year of employment or a proportion of four weeks or payment in lieu thereof due to respect of any period of employment less than one year. 23.8 Calculation of Continuous Service 23.8.1 For the purposes of this agreement a year of employment shall be deemed to be unbroken notwithstanding: 23.8.1(a) any annual leave, long service leave, paid sick leave or paid parental leave taken therein; 23.8.1(b)any interruption or ending of the employment by the employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; 23.8.1(c) any absence from work of not more than fourteen days in the year of employment on account of accident or illness on unpaid sick leave or make-up pay, 23.8.1(d)any absence on account of leave (other than annual leave, long service leave, paid sick leave or paid parental leave) granted imposed or agreed to by the employer; 23.8.1(e) any absence on any other account not involving termination of employment. and in calculating a year of employment, absences of a kind mentioned in clauses 23.8.1(a), 23.8.1(b) or 23.8.1(c) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in clauses 23.8.1(d), and 23.8.1(e) it will be necessary for the employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. 24. PERSONAL LEAVE 24.1 Paid personal leave is available to an employee when absence is due to: personal illness or injury (sick leave); or . for the purposes of caring for an immediate family or household . member that is sick and requires the employee's care and support (carer's leave) or; because of bereavement on the death of an immediate family or household member (bereavement leave). 28 Disability Services Victoria (Part 1) Agreement
24.2 The amount of paid personal leave to which an employee is entitled is set out
below under provisions dealing with the types of personal leave described
above.
24.3 Sick Leave
24.3.1 In the event of an employee becoming sick and unfit for duty (a
certificate of a legally qualified medical practitioner or a statutory
declaration signed by the employee shall be satisfactory evidence of
sickness), the employee shall be entitled to sick leave on full pay:
24.3.1 (a) Full-time employees
Fifteen days in each year of service
24.3.1(b) Part-time employees
On a pro rata basis corresponding to their year of service,
and weekly hours as it relates to full-time employee
24.3.1(c) Sick leave shall accrue pro rata on a four (4) weekly basis.
24.3.2 Provided that an employee may be absent through sickness without
furnishing evidence of such sickness as provided in 24.3.1, for not
more than five days in any one year of service, provided that a period
of absence does not exceed three consecutive days.
24.3.3 Provided further that an employee's entitlement ··to payment for
personal injury or sickness upon production of a statutory declaration
shall be limited to not more than three occasions in each year in
respect to absences not exceeding three consecutive working days.
24.3.4 If the full period of sick leave as prescribed in 24.1 hereof is not taken
in any one year, such portion as is not taken shall be cumulative from
year to year.
24.3.5 The employer shall not terminate the service of an employee during the
currency of any period of sick leave, with the object of avoiding his/her
obligations under this clause.
24.4 Bereavement Leave
24.4.1 An employee shall on notice be entitled:
24.4.1 (a) on the death or serious illness within Australia of a spouse
including a de facto spouse, same-sex partner, father,
mother, brother, sister, child, step-child, mother-in-law,
father-in-law, grand-parent, grand-child or next of kin;
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Disability Services Victoria (Part 1) Agreement
24.2 The amount of paid personal leave to which an employee is entitled is set out below under provisions dealing with the types of personal leave described above. 24.3 Sick Leave 24.3.1 In the event of an employee becoming sick and unfit for duty (a certificate of a legally qualified medical practitioner or a statutory declaration signed by the employee shall be satisfactory evidence of sickness), the employee shall be entitled to sick leave on full pay: 24.3.1(a) Full-time employees Fifteen days in each year of service 24.3.1(b) Part-time employees On a pro rata basis corresponding to their year of service, and weekly hours as it relates to full-time employee 24.3.1(c) Sick leave shall accrue pro rata on a four (4) weekly basis. 24.3.2 Provided that an employee may be absent through sickness without furnishing evidence of such sickness as provided in 24.3.1, for not more than five days in any one year of service, provided that a period of absence does not exceed three consecutive days. 24.3.3 Provided further that an employee's entitlement to payment for personal injury or sickness upon production of a statutory declaration shall be limited to not more than three occasions in each year in respect to absences not exceeding three consecutive working days. 24.3.4 If the full period of sick leave as prescribed in 24.1 hereof is not taken in any one year, such portion as is not taken shall be cumulative from year to year. 24.3.5 The employer shall not terminate the service of an employee during the currency of any period of sick leave, with the object of avoiding his/her obligations under this clause. 24.4 Bereavement Leave 24.4.1 An employee shall on notice be entitled: 24.4.1(a) on the death or serious illness within Australia of a spouse including a de facto spouse, same-sex partner, father, mother, brother, sister, child, step-child, mother-in-law, father-in-law, grand-parent, grand-child or next of kin; 29 Disability Services Victoria (Part 1) Agreement
24.4.1(b) on the death outside of Australia of a spouse including a de
factor spouse, same-sex partner, father, mother, brother,
sister, child or next of kin;
to leave without deduction of pay for a period not exceeding the
number of hours worked by the employee in three ordinary days' work
per permissible occasion. Proof of such death or in the case of serious
illness, dependence for care of such relation shall be furnished by the
employee to the satisfaction of the employer.
24.4.2 Provided that this clause shall have no effect while the period of
entitlement to leave under it coincides with any other period of
entitlement to leave.
?A .; Carer's Leave
24.5.1 An employee with responsibilities in relation to either members of their
immediate family or members of their household who need their care
and support shall be entitled to use, in accordance with this subclause,
up to ten days (comes off their sick leave entitlement) per annum for
absences to provide care and support for such person when they are
ill.
24.5.2 The employee shall, if required, establish by production of a medical
certificate or statutory declaration, the illness of the person concerned
and that the illness is such as to require care by another.
24.5.3 The entitlement to use sick leave in accordance with this clause is
subject to:
24.5.3(a)the employee being responsible for the care of the person
concerned; and
24.5.3(b)the person concerned being either:
24.5.3(b)(i) a member of the employee's immediate family; or
24.5.3(b)(ii) a member of the employee's household.
24.5.4 The term immediate family includes:
24.5.4(a)a spouse (including a former spouse, a de facto spouse and a
former de facto spouse) of the employee. A defacto spouse,
in relation to a person, means a person who lives with the first
mentioned person as the husband or wife .or same sex
partner of that person although not legally married to that
person; and
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Disability Services Victoria (Part ·1) Agreement
24.4.1(b) on the death outside of Australia of a spouse including a de factor spouse, same-sex partner, father, mother, brother, sister, child or next of kin; to leave without deduction of pay for a period not exceeding the number of hours worked by the employee in three ordinary days' work per permissible occasion. Proof of such death or in the case of serious illness, dependence for care of such relation shall be furnished by the employee to the satisfaction of the employer. 24.4.2 Provided that this clause shall have no effect while the period of entitlement to leave under it coincides with any other period of entitlement to leave. .. 24 5 Carer's Leave 24.5.1 An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this subclause, up to ten days (comes off their sick leave entitlement) per annum for absences to provide care and support for such person when they are ill. 24.5.2 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another. 24.5.3 The entitlement to use sick leave in accordance with this clause is subject to: 24.5.3(a) the employee being responsible for the care of the person concerned; and 24.5.3(b) the person concerned being either: 24.5.3(b)(i) a member of the employee's immediate family; or 24.5.3(b)(ii) a member of the employee's household. 24.5.4 The term immediate family includes: 24.5.4(a) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A defacto spouse, in relation to a person, means a person who lives with the first mentioned person as the husband or wife or same sex partner of that person although not legally married to that person; and 30 Disability Services Victoria (Part 1) Agreement
24.5.4(b)a child or an adult child (including an adopted child, a step
child or an ex-nuptial child), parent, grandparent, grandchild
or sibling of the employee or spouse of the employee.
24.5.5 The employee shall, wherever practicable, give the employer notice
prior to the absence of the intention to take leave, the name of the
person requiring care and their relationship to the employee, the
reasons for taking such leave and the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer of such absence at the first
opportunity on the day of absence.
24.5.6 Unpaid leave for family purpose
An employee may elect, with the consent of the employer, to take
unpaid leave for the purpose of providing care to a family member who
is ill.
25. LONG SERVICE LEAVE
25.1 Entitlement
25.1.1 An employee shall be entitled to long service leave with pay, in respect
of continuous service with one and the same employer in accordance
with the provisions of this clause.
25.1.2 An employee shall have the following entitlement to long service leave:
From the date of certification each employee shall be entitled on the
completion of ten years' continuous service - 3 months long service
leave and thereafter an additional one and a half months long service
leave on the completion of each additional five years' service.
25.1.31n addition, in the case of an employee who has completed more than
ten years service and whose employment is terminated otherwise than
by the death of the employee, an amount of long service leave equal to
one-forty-fifth of the period of that employee's service since the last
accrual of entitlement to long service leave under 25.1.2.
25.1.4 Where an employee who has completed at least ten years service dies
while still in the employ of the employer, the employer shall pay to such
employee's personal representative a sum equal to the pay of such
employee for one-fortieth of the period of that employee's service in
respect of which leave has not been allowed or payment made prior to
the death of that employee.
25.1.5 Where an employee ceases their employment with the employer after
eight or more years but less than 10 years of service with that
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Disability Services Victoria (Part 1) Agreement
24.5.4(b)a child or an adult child (including an adopted child, a step- child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 24.5.5 The employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer of such absence at the first opportunity on the day of absence. 24.5.6 Unpaid leave for family purpose An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill. 25. LONG SERVICE LEAVE 25.1 Entitlement 25.1.1 An employee shall be entitled to long service leave with pay, in respect of continuous service with one and the same employer in accordance with the provisions of this clause. 25.1.2 An employee shall have the following entitlement to long service leave: From the date of certification each employee shall be entitled on the completion of ten years' continuous service - 3 months long service leave and thereafter an additional one and a half months long service leave on the completion of each additional five years' service. 25.1.3 In addition, in the case of an employee who has completed more than ten years service and whose employment is terminated otherwise than by the death of the employee, an amount of long service leave equal to one-forty-fifth of the period of that employee's service since the last accrual of entitlement to long service leave under 25.1.2. 25.1.4 Where an employee who has completed at least ten years service dies while still in the employ of the employer, the employer shall pay to such employee's personal representative a sum equal to the pay of such employee for one-fortieth of the period of that employee's service in == respect of which leave has not been allowed or payment made prior to the death of that employee. 25.1.5 Where an employee ceases their employment with the employer after eight or more years but less than 10 years of service with that 31 Disability Services Victoria (Part 1) Agreement
employer they shall be paid out 80% of the pro rata accrual of long
service leave with that employer.
25.1.6 Where an employee with at least five years but less than eight years
service ceases employment with an employer due to serious ill health
the employee shall be paid out 60% of their pro-rata accrual of long
service leave with that employer. The employee shall provide
certification from the treating medical practitioner indicating that their
incapacity is such that continued employment is not possible and that
ill-health retirement is recommended.
25.1.7Where an employee with at least five years but less than eight years
service with an employer dies, 60% of their pro-rata accrual of long
service leave will be paid to the estate of the employee.
25.2 Service entitling to leave
25.2.1 For the purposes of this clause service shall be deemed to be
continuous notwithstanding:
25.2.1(a)the taking of any annual leave, long service leave, paid sick
leave or paid parental leave;
25.2.1(b)any absence from work of not more than fourteen days in any
one year on account of unpaid sick leave;
25.2.1(c)any interruption or ending of the employment by the employer
if the interruption or ending is . made with the intention of
avoiding obligations in respect of long service leave or annual
leave;
25.2.1(d)any absence on account of injury arising out of or in the
course of the employment of the employee for a period during
which payment is made under clause 34 -Accident pay;
25.2.1(e)any leave of absence of the employee where the absence is
authorised in advance in writing by the employer to be
counted as service;
25.2.1(f) any absence from work of an employee on unpaid parental
leave for a period not exceeding twelve months in respect of
any pregnancy or adoption;
25.2.1(g)any other absence of an employee by leave of the employer,
or on account of injury arising out of or in the course of his or
her employment not covered by clause 25.2.3.
25.2.21n calculating the period of continuous service of any employee, any
interruption or absence of a kind mentioned in clauses 25.2.1(a) to
25.2.1 (e) shall be counted as part of the period of their service, but any
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Disability Services Victoria (Part 1) Agreement
employer they shall be paid out 80% of the pro rata accrual of long service leave with that employer. 25.1.6 Where an employee with at least five years but less than eight years service ceases employment with an employer due to serious ill health the employee shall be paid out 60% of their pro-rata accrual of long service leave with that employer. The employee shall provide certification from the treating medical practitioner indicating that their incapacity is such that continued employment is not possible and that ill-health retirement is recommended. 25.1.7 Where an employee with at least five years but less than eight years service with an employer dies, 60% of their pro-rata accrual of long service leave will be paid to the estate of the employee. 25.2 Service entitling to leave 25.2.1 For the purposes of this clause service shall be deemed to be continuous notwithstanding: 25.2.1(a) the taking of any annual leave, long service leave, paid sick leave or paid parental leave; 25.2.1(b)any absence from work of not more than fourteen days in any one year on account of unpaid sick leave; 25.2.1(c) any interruption or ending of the employment by the employer if the interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave; 25.2.1(d)any absence on account of injury arising out of or in the course of the employment of the employee for a period during which payment is made under clause 34 - Accident pay; 25.2.1(e) any leave of absence of the employee where the absence is authorised in advance in writing by the employer to be counted as service; 25.2.1(f) any absence from work of an employee on unpaid parental leave for a period not exceeding twelve months in respect of any pregnancy or adoption; 25.2.1(g)any other absence of an employee by leave of the employer, or on account of injury arising out of or in the course of his or her employment not covered by clause 25.2.3. 25.2.2 In calculating the period of continuous service of any employee, any interruption or absence of a kind mentioned in clauses 25.2.1(a) to 25.2.1(e) shall be counted as part of the period of their service, but any 32 Disability Services Victoria (Part 1) Agreement
interruption or absence of a kind mentioned in clauses 25.2.1 (f) and
25.2.1 (g) shall not be counted as part of the period of service unless it
is so authorised in writing by the employer.
25.2.3 The onus of providing a sufficient aggregate of service to support a
claim for any long service leave entitlement shall at all times rest upon
the employee concerned.
25.2.4 The employer shall keep or cause to be kept a long service record for
each employee, containing particulars of service, leave taken and
payments made.
25.3 Payment for period of leave
25.3.1 Payment to an employee in respect of long service leave shall be
made, at the discretion of the employee in one of the following ways:
25.3.1 (a) in full in advance when the employee commences his or her
leave; or
25.3.1(b)at the same time as payment would have been made if the
employee had remained on duty; or
25.3.1(c)in any other way agreed between the employer and the
employee.
25.3.2 Where the employment of an employee is for any reason terminated
before the employee takes any long service leave to which he or she is
entitled or where any long service leave accrues to an employee
pursuant to clause 25.1.2 hereof the employee shall subject to the
provisions of clause 25.3.3 be entitled to pay in respect of such leave
as at the date of termination of employment.
25.3.2(a)Where any long service leave accrues to an employee
pursuant to clause. 25.1.2 hereof the employee shall be
entitled to pay in respect of such leave as at the date of
termination of employment.
25.3.3 Where an increase occurs in the ordinary time rate of pay during any
period of long service leave taken by the employee, the employee shall
be entitled to receive payment of the amount of any increase in pay at
the completion of such leave.
25.4 Taking of leave
25.4.1 When an employee becomes entitled to long service leave such leave
shall be taken at a mutually agreed time as determined between the
employee and their manager.
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Disability Services Victoria (Part 1) Agreement
interruption or absence of a kind mentioned in clauses 25.2.1(f) and 25.2.1(g) shall not be counted as part of the period of service unless it is so authorised in writing by the employer. 25.2.3 The onus of providing a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the employee concerned. 25.2.4 The employer shall keep or cause to be kept a long service record for each employee, containing particulars of service, leave taken and payments made. 25.3 Payment for period of leave 25.3.1 Payment to an employee in respect of long service leave shall be made, at the discretion of the employee in one of the following ways: 25.3.1(a) in full in advance when the employee commences his or her leave; or 25.3.1(b)at the same time as payment would have been made if the employee had remained on duty; or 25.3.1(c) in any other way agreed between the employer and the employee. 25.3.2 Where the employment of an employee is for any reason terminated before the employee takes any long service leave to which he or she is entitled or where any long service leave accrues to an employee pursuant to clause 25.1.2 hereof the employee shall subject to the provisions of clause 25.3.3 be entitled to pay in respect of such leave as at the date of termination of employment. 25.3.2(a) Where any long service leave accrues to an employee pursuant to clause 25.1.2 hereof the employee shall be entitled to pay in respect of such leave as at the date of termination of employment. 25.3.3 Where an increase occurs in the ordinary time rate of pay during any period of long service leave taken by the employee, the employee shall be entitled to receive payment of the amount of any increase in pay at the completion of such leave. 25.4 Taking of leave 25.4.1 When an employee becomes entitled to long service leave such leave shall be taken at a mutually agreed time as determined between the employee and their manager. 33 Disability Services Victoria (Part 1) Agreement
25.4.2 Any long service leave shall be exclusive of any public holiday
occurring during the period when leave is taken.
25.4.3 With the agreement of the employer, an employee may take their long
service leave entitlement at half pay over twice the time span, or at
double pay over half the time span, or some other combination as
agreed.
25.5 Definitions
For the purposes of this clause the following definitions apply:
25.5.1 Pay means r~:muneration for an employee's normal weekly hours of
work calculated at the employee's ordinary time rate of pay provided in
clause 15 - Rates of pay, hereof at the time the leave is taken or (if the
employee dies before the completion of leave so taken) as at the time
of his or her death; and shall include the amount of any increase to the
employee's ordinary time rate of pay which occurred during the period
of leave as from the date such increase operates.
25.5.2 Month shall mean a calendar month.
26. PARENTAL LEAVE
Subject to the terms of this clause employees are entitled to maternity, paternity I
support and adoption leave and to. work part-time in connection with the birth or
adoption of a child.
The . provisions of this clause apply to full-time, part-time and eligible casual
employees, but do not apply to other casual employees.
An eligible casual employee means a casual employee:
(a) employed by the employer on a regular and systematic basis for several
periods of employment or on a regular and systematic basis for an ongoing
period of employment during a period of at least 12 months; and
(b) who has, but for the pregnancy or the decision to adopt, a reasonable
expectation of ongoing employment.
For the purposes of this clause 'continuous service' is work for an employer on a
regular and systematic basis.
An employer must not fail to re-engage a casual employee because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental leave
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Disability Services Victoria (Part 1) Agreement
25.4.2 Any long service leave shall be exclusive of any public holiday occurring during the period when leave is taken. 25.4.3 With the agreement of the employer, an employee may take their long service leave entitlement at half pay over twice the time span, or at double pay over half the time span, or some other combination as agreed. 25.5 Definitions For the purposes of this clause the following definitions apply: 25.5.1 Pay means remuneration for an employee's normal weekly hours of work calculated at the employee's ordinary time rate of pay provided in clause 15 - Rates of pay, hereof at the time the leave is taken or (if the employee dies before the completion of leave so taken) as at the time of his or her death; and shall include the amount of any increase to the employee's ordinary time rate of pay which occurred during the period of leave as from the date such increase operates. 25.5.2 Month shall mean a calendar month. 26. PARENTAL LEAVE Subject to the terms of this clause employees are entitled to maternity, paternity / support and adoption leave and to work part-time in connection with the birth or adoption of a child. The . provisions of this clause apply to full-time, part-time and eligible casual employees, but do not apply to other casual employees. An eligible casual employee means a casual employee: (a) employed by the employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and (b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment. For the purposes of this clause 'continuous service' is work for an employer on a regular and systematic basis. An employer must not fail to re-engage a casual employee because: (a) the employee or employee's spouse is pregnant; or (b) the employee is or has been immediately absent on parental leave 34 Disability Services Victoria (Part 1) Agreement
The rights of an employer in relation to engagement and re-engagement of casual
employees are not affected, other than in accordance with this clause.
26.1 Definitions
26.1.1 For the purpose of this clause child means a child of the employee
under the age of one year except for adoption ·of a child where 'child'
means a person under the age of five who is placed with the employee
for the purposes of adoption, other than a child or step-child of the
employee or of the spouse of the employee or a child who has
previously lived continuously with the employee for a period of six
months or more.
26.1.2 Subject to 26.1.3 in this clause, spouse includes a de facto or former
spouse including same-sex partner or former partner.
26.1.3 In relation to 26.5, spouse includes a de facto spouse or same-sex
partner but does not include a former spouse or former same-sex
partner.
26.2 Basic entitlement
26.2.1 After 12 month's continuous service, parents shall be entitled to a
combined total of 78 weeks unpaid parental leave on a shared basis in
relation to the birth or adoption of their child. For pregnant females
maternity leave may be taken and for males and supporting female
partners paternity I support leave may be taken.
26.2.2 Subject to 26.3.6, parental leave shall be available to only one parent
at a time, except that both parents may simultaneously take:
26.2.2(a) for maternity leave and paternity I support leave, a period of 5
days which need not be taken consecutively;
26.2.2(b)for adoption leave, a period of up to three weeks at the time of
placement of the child.
26.3 Maternity leave
26.3.1 An employee must provide notice to the employer in advance of the
. expected date of commencement of parental leave. The notice
requirements are:
26.3.1 (a) of the expected date of confinement (included in a certificate
from a registered medical practitioner stating that the
employee is pregnant) - at least ten weeks written notice;
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Disability Services Victoria (Part 1) Agreement
The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause. 26.1 Definitions 26.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where 'child' means a person under the age of five who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more. 26.1.2 Subject to 26.1.3 in this clause, spouse includes a de facto or former spouse including same-sex partner or former partner. 26.1.3 In relation to 26.5, spouse includes a de facto spouse or same-sex partner but does not include a former spouse or former same-sex partner. 26.2 Basic entitlement 26.2.1 After 12 month's continuous service, parents shall be entitled to a combined total of 78 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For pregnant females maternity leave may be taken and for males and supporting female partners paternity / support leave may be taken. 26.2.2 Subject to 26.3.6, parental leave shall be available to only one parent at a time, except that both parents may simultaneously take: 26.2.2(a) for maternity leave and paternity / support leave, a period of 5 days which need not be taken consecutively; 26.2.2(b) for adoption leave, a period of up to three weeks at the time of placement of the child. 26.3 Maternity leave 26.3.1 An employee must provide notice to the employer in advance of the . expected date of commencement of parental leave. The notice requirements are: 26.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks written notice; 35 Disability Services Victoria (Part 1) Agreement
26.3.1 (b) of the date on which the employee proposes to commence
maternity leave and the period of leave to be taken - at least
four weeks written notice.
26.3.2 When the employee gives notice under 26.3.1 (a) the employee shall
also provide a statutory declaration stating particulars of any period of
paternity I support leave sought or taken by her spouse and that for the
period of maternity leave she shall not engage in any conduct
inconsistent with her contract of employment.
26.3.3 An employee shall not be in breach of this clause if failure to give the
stipulated notice is occasioned by confinement occurring earlier than
the presumed date.
26.3.4 Subject to 26.2.1 and unless agreed otherwise between the employer
and employee, an employee may commence parental leave at any
time during her pregnancy. Provided that an employer may, by giving
fourteen days' notice in writing to a female employee, require her to
commence maternity leave at any time within six weeks immediately
prior to the expected date of birth.
26.3.5 Where an employee continues to work within the six week period
immediately prior to the expected date of birth, or where the employee
elects to return to work within six weeks immediately after the birth of
the child an employer may require the employee to provide a medical
certificate stating that she is fit to work on her normal duties.
26.3.6 Special maternity leave
26.3.6(a) Where the pregnancy of an employee not then on maternity
leave terminates within 28 weeks other than by the birth of a
living child, the employee may take unpaid special maternity
leave of such periods as a registered medical practitioner
certifies as necessary.
26.3.6(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, special maternity leave.
26.3.6(c) Where an employee not then on maternity leave suffers an
illness related to her pregnancy, she may take any paid sick
leave to which she is then entitled and such further unpaid
special maternity leave as a registered medical practitioner
certifies as necessary before her return to work. The
aggregate of paid sick leave, special maternity leave and
parental leave, including parental leave taken by a spouse,
shall not exceed 78 weeks.
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Disability Services Victoria (Part 1) Agreement
26.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks written notice. 26.3.2 When the employee gives notice under 26.3.1(a) the employee shall also provide a statutory declaration stating particulars of any period of paternity / support leave sought or taken by her spouse and that for the period of maternity leave she shall not engage in any conduct inconsistent with her contract of employment. 26.3.3 An employee shall not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date. 26.3.4 Subject to 26.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time during her pregnancy. Provided that an employer may, by giving fourteen days' notice in writing to a female employee, require her to commence maternity leave at any time within six weeks immediately prior to the expected date of birth. 26.3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks immediately after the birth of the child an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties. 26.3.6 Special maternity leave 26.3.6(a) Where the pregnancy of an employee not then on maternity leave terminates within 28 weeks other than by the birth of a living child, the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary. 26.3.6(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, special maternity leave. 26.3.6(c) Where an employee not then on maternity leave suffers an illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, shall not exceed 78 weeks. 36 Disability Services Victoria (Part 1) Agreement
26.3.7 Where leave is granted under 26.3.4, during the period of leave an
employee may return to work at any time, as agreed between the
employer and the employee, provided that time does not exceed four
weeks from the recommencement date desired by the employee.
26.4 Paternity I Support leave
26.4.1 An employee will provide to the employer at least ten weeks prior to
each proposed period of paternity I support leave with:
26.4.1 (a) a certificate from a registered medical practitioner which
names his/her spouse, states that she is pregnant and the
expected date of confinement, or states the date on which the
birth took place; and
26.4.1(b)written notification of the dates on which s/he proposes to
start and finish the period of paternity I support leave; and
26.4.1 (c) a statutory declaration stating:
26.4.1 (c)(i) slhe will take that period of paternity I support
leave to become the primary care-giver of a
child;
26.4.1(c)(ii) particulars of any period of maternity leave
sought or taken by his/her spouse; and
26.4.1(c)(iii)that for the period of paternity I support leave
s/he will not engage in any conduct inconsistent
with his/her contract of employment.
26.4.2 The employee shall not be in breach of 26.4.1 if the failure to give the
required period of notice is because of the birth occurring earlier than
expected, the death of the mother of the child, or other compelling
circumstances.
26.5 Adoption leave
26.5.1 The employee will notify the employer at least ten weeks in advance of
the date of commencement of adoption leave and the period of leave to
be taken. An employee may commence adoption leave. prior to
providing such notice, where through circumstances beyond the control
of the employee, the adoption of a child has taken place earlier.
26.5.2 Before commencing adoption leave, an employee will provide the
employer with a statutory declaration stating:
26.5.2(a) the employee is seeking adoption leave to become the
primary care-giver of the child;
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Disability Services Victoria (Part 1) Agreement
26.3.7 Where leave is granted under 26.3.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee, provided that time does not exceed four weeks from the recommencement date desired by the employee. 26.4 Paternity / Support leave 26.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity / support leave with: 26.4.1(a) a certificate from a registered medical practitioner which names his/her spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and 26.4.1(b) written notification of the dates on which s/he proposes to start and finish the period of paternity / support leave; and 26.4.1(c) a statutory declaration stating: 26.4.1(c)(i) s/he will take that period of paternity / support leave to become the primary care-giver of a child; 26.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his/her spouse; and 26.4.1(c)(iii) that for the period of paternity / support leave s/he will not engage in any conduct inconsistent with his/her contract of employment. 26.4.2 The employee shall not be in breach of 26.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances. 26.5 Adoption leave 26.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child has taken place earlier. 26.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating: 26.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child; 37 Disability Services Victoria (Part 1) Agreement
26.5.2(b) particulars of any period of adoption leave sought or taken by
the employee's spouse; and
26.5.2(c) that for the period of adoption leave the employee will not
engage in any conduct inconsistent with their contract of
employment.
26.5.3An employer may require an employee to provide confirmation from the
appropriate government authority of the placement.
26.5.4 Where the placement of a child for adoption with an employee does not
proceed or continue, the employee will notify the employer immediately
and the employer will nominate a time not exceeding four weeks from
receipt of notification for the employee's return to work.
26.5.5 An employee will not be in breach of this clause as a consequence of
failure to give the stipulated period of notice if such failure results from
a requirement of an adoption agency to accept earlier or later
placement of a child, the death of a spouse, or other compelling
circumstances.
26.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the
purposes of attending any compulsory interviews or examinations as
are necessary as part of the adoption procedure. The employee and
the employer should agree on the length of the unpaid leave. Where
agreement cannot be reached, the employee is entitled to take up to
two days unpaid leave. Where paid leave is available to the employee,
the employer may require the employee to take such leave instead.
26.6 Variation of period of parental leave
Unless agreed otherwise between the employer and employee, an employee
may apply to their employer to change the period of parental leave on one
occasion. Any such change is to be notified at least four weeks prior to the
commencement of the changed arrangements.
26.7 Parental leave and other entitlements
An employee may in lieu of or in conjunction with parental leave, access any
annual leave or long service leave entitlements which they have accrued
subject to the total amount of leave not exceeding 78 weeks.
26.8 Transfer to a safe job
26.8.1 Where an employee is pregnant and, in the opinion of a registered
medical practitioner, illness or risks arising out of the pregnancy or
hazards connected with the work assigned to the employee make it
inadvisable for the employee to continue at her present work, the
employee shall, if the employer deems it practicable, be transferred to a
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Disability Services Victoria (Part 1) Agreement
26.5.2(b) particulars of any period of adoption leave sought or taken by the employee's spouse; and 26.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment. 26.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement. 26.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work. 26.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated period of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances. 26.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purposes of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead. 26.6 Variation of period of parental leave Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change is to be notified at least four weeks prior to the commencement of the changed arrangements. 26.7 Parental leave and other entitlements An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 78 weeks. 26.8 Transfer to a safe job 26.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a 38 Disability Services Victoria (Part 1) Agreement
safe job at the rate and on the conditions attaching to that job until the
commencement of maternity leave.
26.8.21f the Employer does not think it is reasonably practicable to transfer
the employee to a safe job:
26.8.2(a) the employee may take paid leave immediately for a period
ending at the time referred to in 26.8.3; or
26.8.2(b) the Employer may require the employee to take paid leave
immediately for a period ending at the time mentioned in
26.8.3.
26.8.3 The period of leave ends at the earliest of whichever of the following
times is applicable:
26.8.3(a) the end of the period stated in the medical certificate; or
26.8.3(b) if the employee's pregnancy results in the birth of a living
child -the end of the day before the birth;
26.8.3(c) if the employee's pregnancy ends otherwise than with the
birth of a living child - the end of the day before the end of
the pregnancy.
26.9 Returning to work after a period of parental leave
26.9.1 An employee shall notify their intention to return to work after a period
of parental leave at least four weeks prior to the expiration of the leave.
26.9.2An employee shall be entitled to the position which they held
immediately before proceeding on parental leave. In the case of an
employee transferred to a safe job pursuant to 26.8, the employee shall
be entitled to return to the position they held immediately before such
transfer.
26.9.3 Where such position no longer exists but there are other positions
available which the employee is qualified for and is capable of
performing, the employee shall be entitled to a position as nearly
comparable in status and pay to that of their former position.
26.10 Replacement employees
26.10.1 A replacement employee is an employee specifically engaged or
temporarily promoted or transferred, as a result of an employee
proceeding on parental leave.
26.10.2 Before an employer engages a replacement employee the employer
shall inform that person of the temporary nature of the employment
and the rights of the employee who is being replaced.
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Disability Services Victoria (Part 1) Agreement
safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. 26.8.2 If the Employer does not think it is reasonably practicable to transfer the employee to a safe job: 26.8.2(a) the employee may take paid leave immediately for a period ending at the time referred to in 26.8.3; or 26.8.2(b) the Employer may require the employee to take paid leave immediately for a period ending at the time mentioned in 26.8.3. 26.8.3 The period of leave ends at the earliest of whichever of the following times is applicable: 26.8.3(a) the end of the period stated in the medical certificate; or 26.8.3(b) if the employee's pregnancy results in the birth of a living child - the end of the day before the birth; 26.8.3(c) if the employee's pregnancy ends otherwise than with the birth of a living child - the end of the day before the end of the pregnancy. 26.9 Returning to work after a period of parental leave 26.9.1 An employee shall notify their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave. 26.9.2 An employee shall be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 26.8, the employee shall be entitled to return to the position they held immediately before such transfer. 26.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of their former position. 26.10 Replacement employees 26.10.1A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave. 26.10.2 Before an employer engages a replacement employee the employer shall inform that person of the temporary nature of the employment and the rights of the employee who is being replaced. 39 Disability Services Victoria (Part 1) Agreement
26.11 Rightto request
26.11.1 An employee entitled to parental leave pursuant to the provisions of
clause 26 may request the employer to allow the employee:
26.11.1 (a) to extend the period of simultaneous unpaid parental leave
provided for in clause 26.2.2(a) up to a maximum of eight
weeks;
26.11.1 (b) to extend the period of unpaid parental leave provided for
in clause 26.2.1 by a further continuous period of leave not
exceeding 6 months;
26.11.1 (c) to return from a period of parental leave on a part-time
basis until the child reaches school age;
to assist the employee in reconciling work and parental
responsibilities.
26.11.2The employer shall consider the request having regard to the
employee's circumstances and, provided the request is genuinely
based on the employee's parental responsibilities, may only refuse the
request on reasonable grounds related to the effect of the workplace
or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on
customer service.
26.11.3Employee's request and the employer's decision to be in writing
The employee's request and the employer's decision made under
26.11.1 (b) and 26.11.1(c) must be recorded in writing.
26.11.4Request to return to work part-time
Where an employee wishes to make a request under 26.11.1 (c), such
a request must be made as soon as possible but no less than seven
weeks prior to the date upon which the employee is due to return to
work from parental leave.
26.12 Communication during Parental Leave
26.12.1 Where an employee is on parental leave and a definite decision has
been made to introduce significant change at the workplace, the
employer shall take reasonable steps to:
26.12.1(a) make information available in relation to any significant
effect the change will have on the status or responsibility
level of the position the employee held before commencing
parental leave; and
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Disability Services Victoria (Part 1) Agreement
26.11 Right to request 26.11.1An employee entitled to parental leave pursuant to the provisions of clause 26 may request the employer to allow the employee: 26.11.1(a) to extend the period of simultaneous unpaid parental leave provided for in clause 26.2.2(a) up to a maximum of eight weeks; 26.11.1(b) to extend the period of unpaid parental leave provided for in clause 26.2.1 by a further continuous period of leave not exceeding 6 months; 26.11.1(c) to return from a period of parental leave on a part-time basis until the child reaches school age; to assist the employee in reconciling work and parental responsibilities. 26.11.2The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect of the workplace or the employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. 26.11.3Employee's request and the employer's decision to be in writing The employee's request and the employer's decision made under 26.11.1(b) and 26.11.1(c) must be recorded in writing. 26.11.4Request to return to work part-time Where an employee wishes to make a request under 26.11.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave. 26.12 Communication during Parental Leave 26.12.1Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to: 26.12.1(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and 40 Disability Services Victoria (Part 1) Agreement
26.12.1(b) provide an opportunity for the employee to discuss any
significant effect the change will have on the status or
responsibility level of the position the employee held before
commencing parental leave.
26.12.2The employee shall take reasonable steps to inform the employer
about any significant matter that will affect the employee's decision
· regarding the duration of parental leave to be taken, whether the
employee intends to return to work and whether the employee intends
to request to return to work on a part-time basis.
26.12.3The employee shall also notify the employer of changes of address or
other contact details which might affect the employer's capacity to
comply with 26.12.1.
27. EXAMINATION LEAVE
An employee shall be granted leave with full pay in order to travel to and from and
attend examinations for courses agreed to between the employer and employee to
be directly related to their employment, provided that such leave shall not exceed
one day per examination.
28. STUDY LEAVE
Instructors taking leave for the purpose of studying an approved course for up
to twelve months shall have such leave recognised as constituting continuity
of service for the purposes of incremental salary progression and long service
leave.
Staff employed to replace instructors on Study Leave shall be paid their
appropriate sub-divisional rate as specified under clause 15.1.
29. PUBLIC HOLIDAYS
29.1 An employee shall be entitled to holidays on the following days:
29.1.1 New Year's Day, Good Friday, Easter Saturday, Easter Monday,
Christmas Day, Boxing Day; and
29.1.2 the following days, as prescribed in the relevant States, Territories and
localities: Australia Day, Anzac Day, Queen's Birthday and Eight
Hours' Day or Labour Day; and
29.1.3 Melbourne Cup Day or in lieu of Melbourne Cup Day, some other day
as determined in a particular locality; and
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Disability Services Victoria (Part 1) Agreement
26.12.1(b) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave. 26.12.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis. 26.12.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with 26.12.1. 27. EXAMINATION LEAVE An employee shall be granted leave with full pay in order to travel to and from and attend examinations for courses agreed to between the employer and employee to be directly related to their employment, provided that such leave shall not exceed one day per examination. 28. STUDY LEAVE Instructors taking leave for the purpose of studying an approved course for up to twelve months shall have such leave recognised as constituting continuity of service for the purposes of incremental salary progression and long service leave. Staff employed to replace instructors on Study Leave shall be paid their appropriate sub-divisional rate as specified under clause 15.1. 29. PUBLIC HOLIDAYS 29.1 An employee shall be entitled to holidays on the following days: 29.1.1 New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day; and 29.1.2 the following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen's Birthday and Eight Hours' Day or Labour Day; and 29.1.3 Melbourne Cup Day or in lieu of Melbourne Cup Day, some other day as determined in a particular locality; and 41 Disability Services Victoria (Part 1) Agreement
29.2 If an employee works on a public holiday he or she shall be paid double time
for the time worked.
29.3 A part-time employee who is not ordinarily required to work on the day of the
week on which a public holiday is observed shall not be entitled to any benefit
for such a public holiday, unless they are required to work on a public holiday.
29.4 Where an employee is rostered on a public holiday as part of their normal
roster, it is expected that employees will work on those public holidays, except
where otherwise approved by the Employer. All requests not to work on a
public holiday are to be made in writing in advance.
30. JURY SERVICE
30.1 The provisions of this clause apply to weekly and eligible casual employees
but do not apply to other casual employees.
30.1.1 An eligible casual employee means a casual employee employed by
an employer on a regular and systematic basis for several periods of
employment or on a regular and systematic basis for an ongoing period
of employment during a period of at least 12 months, and that the
employee has a reasonable expectation of ongoing employment.
30.2 An employee required to attend for jury service during the employee's
ordinary working hours shall be reimbursed by the employer an amount equal
to the difference between the amount paid in respect of the employee's
attendance for such jury service and the amount that he or she could
reasonably expect to have received from the employer as earnings for that
period had he or she not been performing jury service subject to the following
conditions:
30.2.1 The employee shall advise the employer as soon as practicable that
he/she had to attend for jury service, and if required by the employer,
produce his/her notice to attend.
30.2.2 An employee who has been given more than seven days notice to
attend for jury service shall give the employer at least seven days
notice and if he/she fails to give such notice, without reasonable
excuse, he/she shall forfeit his/her entitlement to payment by the
employer.
30.2.3 An employee on day shift or day work who is not required for jury
service after 1.00 p.m. on any day shall contact the employer by
telephone to ask whether the employer requires the employee to report
for the balance of the day, and if so required, the employee shall so
report.
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Disability Services Victoria (Part 1) Agreement
29.2 If an employee works on a public holiday he or she shall be paid double time for the time worked. 29.3 A part-time employee who is not ordinarily required to work on the day of the week on which a public holiday is observed shall not be entitled to any benefit for such a public holiday, unless they are required to work on a public holiday. 29.4 Where an employee is rostered on a public holiday as part of their normal roster, it is expected that employees will work on those public holidays, except where otherwise approved by the Employer. All requests not to work on a public holiday are to be made in writing in advance. 30. JURY SERVICE 30.1 The provisions of this clause apply to weekly and eligible casual employees but do not apply to other casual employees. 30.1.1 An eligible casual employee means a casual employee employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months, and that the employee has a reasonable expectation of ongoing employment. 30.2 An employee required to attend for jury service during the employee's ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee's attendance for such jury service and the amount that he or she could reasonably expect to have received from the employer as earnings for that period had he or she not been performing jury service subject to the following conditions: 30.2.1 The employee shall advise the employer as soon as practicable that he/she had to attend for jury service, and if required by the employer, produce his/her notice to attend. 30.2.2 An employee who has been given more than seven days notice to attend for jury service shall give the employer at least seven days notice and if he/she fails to give such notice, without reasonable excuse, he/she shall forfeit his/her entitlement to payment by the employer. 30.2.3 An employee on day shift or day work who is not required for jury service after 1.00 p.m. on any day shall contact the employer by telephone to ask whether the employer requires the employee to report for the balance of the day, and if so required, the employee shall so report. 42 Disability Services Victoria (Part 1) Agreement
30.2.4An employee on afternoon shift or night shift who is discharged or
excused from jury service upon the day upon which he/she is first
called or on any subsequent day on which he/she has been required to
take part in court proceedings shall report for work:
30.2.4(a)in the case of an afternoon shift employee, if possible at the
employee's normal starting· time or as soon thereafter as
possible after being discharged or excused from jury service,
and
30.2.4(b)in the case of a night shift employee, at the employee's
normal starting time.
Provided that an employee on afternoon shift or night shift who is
continuing jury service and who has been required to take part in court
proceedings for more than half the day shall not be required to report
for work until the expiration of his/her jury service and if the jury service
has lasted for more than two days until the shift next following the
completion of the employee's jury service.
30.2.5 The employee shall give the employer proof of attendance, the duration
of such attendance and the amount received in respect of such jury
service.
PART SEVEN - TRAVEL
31. TRAVELLING ALLOWANCE
31.1 Where an employer requires an employee to use their own motor vehiCle in
the performance of duties, such an employee shall be paid a traveling
allowance as determined by the rates published by the Australian Taxation
Office from time to time.
31.2 Where an employer requires an employee to obtain an endorsed licence for
the transport of clients, the employer shall pay the costs of procuring this
licence and the cost of the licence fee involved.
PART EIGHT- ACCIDENT PAY AND HEALTH AND SAFETY
32. ACCIDENT MAKE-UP PAY
32.1 Where an employee becomes entitled to weekly compensation payments
pursuant to the Accident Compensation Act 1985 (the Act) as amended, the
employer shall pay to the employee an amount equivalent to the difference
between:
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Disability Services Victoria (Part ·1) Agreement
30.2.4 An employee on afternoon shift or night shift who is discharged or excused from jury service upon the day upon which he/she is first called or on any subsequent day on which he/she has been required to take part in court proceedings shall report for work: 30.2.4(a) in the case of an afternoon shift employee, if possible at the employee's normal starting time or as soon thereafter as possible after being discharged or excused from jury service, and 30.2.4(b)in the case of a night shift employee, at the employee's normal starting time. Provided that an employee on afternoon shift or night shift who is continuing jury service and who has been required to take part in court proceedings for more than half the day shall not be required to report for work until the expiration of his/her jury service and if the jury service has lasted for more than two days until the shift next following the completion of the employee's jury service. 30.2.5 The employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service. PART SEVEN - TRAVEL 31. TRAVELLING ALLOWANCE 31.1 Where an employer requires an employee to use their own motor vehicle in the performance of duties, such an employee shall be paid a traveling allowance as determined by the rates published by the Australian Taxation Office from time to time. 31.2 Where an employer requires an employee to obtain an endorsed licence for the transport of clients, the employer shall pay the costs of procuring this licence and the cost of the licence fee involved. PART EIGHT - ACCIDENT PAY AND HEALTH AND SAFETY 32. ACCIDENT MAKE-UP PAY 32.1 Where an employee becomes entitled to weekly compensation payments pursuant to the Accident Compensation Act 1985 (the Act) as amended, the employer shall pay to the employee an amount equivalent to the difference between: 43 Disability Services Victoria (Part 1) Agreement
32.1.1 the level of weekly compensation and any weekly wages earned or
able to be earned if incapacitated, and
32.1.2 the amount that would have been payable under this Agreement for the
classification of work if the employee had been performing their normal
duties, provided that such rate shall exclude additional remuneration by
way of shift premiums, overtime payments, special rates or other
similar payments.
32.2 Accident pay shall not apply in respect of any injury during the first five normal
working days of incapacity.
32.3 Accident pay shall not apply to any incapacity occurring during the first two
weeks of employment, unless such incapacity continues beyond the first two
weeks.
32.4 Industrial diseases contracted by a gradual process or injuries subject to
recurrence, aggravation or acceleration shall not be subject to the accident
pay unless the employee has been employed with the employer at the time of
the incapacity for a minimum period of one month.
32.5 The maximum period or aggregate of periods of accident pay to be made by
an employer for any one injury shall be a total of 52 weeks.
32.6 ·payment for part of a week
Where an employee receives accident pay and such pay is payable for
incapacity for part of a week an amount shall be a direct pro rata.
32.7 Absences on other Paid L'eave
An employee shall not be entitled to payment of accident pay in respect of any
period of other paid leave of absence.
32.8 Notice of Injury
An employee upon receiving an injury for which he I she claims to be entitled
to receive accident pay shall give notice in writing of the said injury to his I her
employer as soon as reasonably practicable after the occurrence thereof,
provided that such notice may be given by a representative of the employee.
32.9 Cessation of Weekly Payments
Where there is a cessation or redemption of weekly compensation payments
under the Act the employer's liability to pay accident pay shall cease as .from
the date of such cessation or redemption.
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Disability Services Victoria (Part 1) Agreement
32.1.1 the level of weekly compensation and any weekly wages earned or able to be earned if incapacitated, and 32.1.2 the amount that would have been payable under this Agreement for the classification of work if the employee had been performing their normal duties, provided that such rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments. 32.2 Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity. 32.3 Accident pay shall not apply to any incapacity occurring during the first two weeks of employment, unless such incapacity continues beyond the first two weeks. 32.4 Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall not be subject to the accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. 32.5 The maximum period or aggregate of periods of accident pay to be made by an employer for any one injury shall be a total of 52 weeks. 32.6 Payment for part of a week Where an employee receives accident pay and such pay is payable for incapacity for part of a week an amount shall be a direct pro rata. 32.7 Absences on other Paid Leave An employee shall not be entitled to payment of accident pay in respect of any period of other paid leave of absence. 32.8 Notice of Injury An employee upon receiving an injury for which he / she claims to be entitled to receive accident pay shall give notice in writing of the said injury to his / her employer as soon as reasonably practicable after the occurrence thereof, provided that such notice may be given by a representative of the employee. 32.9 Cessation of Weekly Payments Where there is a cessation or redemption of weekly compensation payments under the Act the employer's liability to pay accident pay shall cease as from the date of such cessation or redemption. 44 Disability Services Victoria (Part 1) Agreement
32.10 Variations in Compensation Rates
Any changes in compensation rates under the Act shall not increase the
amount of accident pay above the amount that would have been payable had
the rates of compensation remained unchanged.
32.11 Death of an Employee
All rights to accident pay shall cease on the death of an employee.
33. HEALTH AND SAFETY
33.1 Surgical gloves
Surgical gloves shall be available for use by instructors involved in the
toileting and/or bathing of clients.
33.2 Liquid soap
Medicinal quality disinfecting liquid soap shall be available for use by
instructors involved in the toileting and/or bathing of clients. Appropriate
dispensers will be provided in all locations relevant to the toileting and/or
bathing of clients.
33.3 Lifting
No employee shall be required or permitted to lift or carry by hand a client who
is unable to provide reasonable assistance and who weighs in excess of 16
kilos, without the assistance of another person. If the client weighs in excess
of 42 kilos and the employee is of the opinion that additional· assistance is
necessary, they shall not be required or permitted to lift or carry by hand the
client without the assistance of two other persons. The expression lift in the
clause shall include:
• Raising a client in bed.
• Removing a client from a bed to a chair, wheelchair, commode, trolley,
bath or other convenience or receptacle.
• Raising or moving a client who has fallen.
• Removing a client from a chair, wheelchair, commode, trolley, bath or
other convenience or receptacle to a bed or other place.
33.4 Accident and Injury Reduction Strategy
In addition to complying with relevant Occupational Health and Safety
Legislation, employers will use their best endeavours to provide training to
staff to comply with Occupational Health and Safety requirements in an aim to
reduce the potential for injury in the workplace and associated costs.
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Disability Services Victoria (Part 1) Agreement
32.10 Variations in Compensation Rates Any changes in compensation rates under the Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged. 32.11 Death of an Employee All rights to accident pay shall cease on the death of an employee. 33. . HEALTH AND SAFETY 33.1 Surgical gloves Surgical gloves shall be available for use by instructors involved in the toileting and/or bathing of clients. 33.2 Liquid soap Medicinal quality disinfecting liquid soap shall be available for use by instructors involved in the toileting and/or bathing of clients. Appropriate dispensers will be provided in all locations relevant to the toileting and/or bathing of clients. 33.3 Lifting No employee shall be required or permitted to lift or carry by hand a client who is unable to provide reasonable assistance and who weighs in excess of 16 kilos, without the assistance of another person. If the client weighs in excess of 42 kilos and the employee is of the opinion that additional assistance is necessary, they shall not be required or permitted to lift or carry by hand the client without the assistance of two other persons. The expression lift in the clause shall include: Raising a client in bed. Removing a client from a bed to a chair, wheelchair, commode, trolley, bath or other convenience or receptacle. Raising or moving a client who has fallen. . . Removing a client from a chair, wheelchair, commode, trolley, bath or other convenience or receptacle to a bed or other place. 33.4 Accident and Injury Reduction Strategy In addition to complying with relevant Occupational Health and Safety Legislation, employers will use their best endeavours to provide training to staff to comply with Occupational Health and Safety requirements in an aim to reduce the potential for injury in the workplace and associated costs. 45 Disability Services Victoria (Part 1) Agreement
APPENDIX 1(A) DESCRIPTORS FOR BAND I INSTRUCTORS
Instructor (Subdivision 1 - 3)
A Band 1 Instructor is a person appointed as such to provide ongoing program
support and skills training to assist persons with a disability in a day program.
A Band 1 Instructor shall be required to work under close supervision.
A Band 1 Instructor shall be required to exhibit some limited liaison skills with people
with disabilities, their families/carers, specialist staff and with other community
agencies/services.
A Band 1 Instructor shall be required to practise specific tasks in specified contexts.
A Band 1 Instructor shall be required to understand the employer's policies in
relation to program delivery and to demonstrate skills necessary to assist in the
implementation of those policies in relation to persons with a disability.
Explanatory notes:
• A Band 1 Instructor is an instructor who undertakes duties which require very
limited skills. They will not have the responsibility for a group of clients and
will work under close supervision.
• A Band 1 Instructor will assist in the delivery of programs but will not have
responsibility for the development of such programs.
• They will provide support to clients under the supervision of a Band 2 or Band
3 Instructor.
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Disability Services Victoria (Part 1) Agreement
APPENDIX 1(A) DESCRIPTORS FOR BAND I INSTRUCTORS Instructor (Subdivision 1 - 3) A Band 1 Instructor is a person appointed as such to provide ongoing program support and skills training to assist persons with a disability in a day program. A Band 1 Instructor shall be required to work under close supervision. A Band 1 Instructor shall be required to exhibit some limited liaison skills with people with disabilities, their families/carers, specialist staff and with other community agencies/services. A Band 1 Instructor shall be required to practise specific tasks in specified contexts. A Band 1 Instructor shall be required to understand the employer's policies in relation to program delivery and to demonstrate skills necessary to assist in the implementation of those policies in relation to persons with a disability. Explanatory notes: A Band 1 Instructor is an instructor who undertakes duties which require very . limited skills. They will not have the responsibility for a group of clients and will work under close supervision. A Band 1 Instructor will assist in the delivery of programs but will not have responsibility for the development of such programs. They will provide support to clients under the supervision of a Band 2 or Band 3 Instructor. : 46 Disability Services Victoria (Part 1) Agreement
APPENDIX 1(B) DESCRIPTORS FOR BAND II INSTRUCTORS
Instructor (Subdivision 4- 11)
A Band 2 Instructor is a person appointed as such to provide ongoing program
support and skills training to assist persons with a disability in a day program.
A Band 2 Instructor shall be required to work under general supervision and shall be
required to exercise some judgement in regular independent decision making.
A Band 2 Instructor shall be required to exhibit more specific liaison skills with people
with disabilities, their families/carers, specialist staff and with other community
agencies/services.
A Band 2 Instructor shall be required to practise a wide range of tasks in a variety of
contexts.
A Band 2 Instructor shall be required to have an understanding and knowledge of
procedural and legislative guidelines which may require some interpretation.
A Band 2 Instructor shall be required to demonstrate a sound knowledge which is
well founded and reliable of programs for persons with a disability and will be
required to demonstrate the organisational skills necessary to implement such
programs.
A Band 2 Instructor shall be involved in identifying and solving a variety of problems
of a complex nature in a variety of contexts.
Explanatory notes:
• A Band 2 Instructor will undertake the duties necessary to develop and
implement programs for adults with disabilities. The Band 2 Instructor will
liaise with the parent I care giver as necessary, develop individual program
plans, and complete the required paperwork in relating to the evaluation of
programs and the client's performance.
• ·A Band 2 Instructor will be responsible for a group of clients. In instances
where more than one instructor works with a group of clients, a Band 2
Instructor will share the responsibility of the group with other Band 2 and Band
3 Instructors.
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Disability Services Victoria (Part 1) Agreement
APPENDIX 1(B) DESCRIPTORS FOR BAND II INSTRUCTORS Instructor (Subdivision 4 - 11) A Band 2 Instructor is a person appointed as such to provide ongoing program support and skills training to assist persons with a disability in a day program. A Band 2 Instructor shall be required to work under general supervision and shall be required to exercise some judgement in regular independent decision making. A Band 2 Instructor shall be required to exhibit more specific liaison skills with people with disabilities, their families/carers, specialist staff and with other community agencies/services. A Band 2 Instructor shall be required to practise a wide range of tasks in a variety of contexts. A Band 2 Instructor shall be required to have an understanding and knowledge of procedural and legislative guidelines which may require some interpretation. A Band 2 Instructor shall be required to demonstrate a sound knowledge which is well founded and reliable of programs for persons with a disability and will be required to demonstrate the organisational skills necessary to implement such programs. A Band 2 Instructor shall be involved in identifying and solving a variety of problems of a complex nature in a variety of contexts. Explanatory notes: A Band 2 Instructor will undertake the duties necessary to develop and implement programs for adults with disabilities. The Band 2 Instructor will liaise with the parent / care giver as necessary, develop individual program plans, and complete the required paperwork in relating to the evaluation of programs and the client's performance. A Band 2 Instructor will be responsible for a group of clients. In instances where more than one instructor works with a group of clients, a Band 2 Instructor will share the responsibility of the group with other Band 2 and Band 3 Instructors. 47 Disability Services Victoria (Part 1) Agreement
APPENDIX 1 (C) DESCRIPTORS FOR BAND Ill INSTRUCTORS
Instructor Band Ill
A Band 3 Instructor is a person appointed as such to provide ongoing program
support and skills training to assist persons with a disability in a day program.
A Band 3 Instructor shall be required to work with occasional supervision and to
exercise judgement and discretion in regular decision making.
A Band 3 Instructor shall be required to exercise comprehensive liaison skills with
persons with disabilities, their families/carers, community agencies, specialist staff
and with other services.
A Band 3 Instructor shall be required to undertake a wide range of tasks within either
varied contexts or highly specific contexts.
A Band 3 Instructor shall be required to have an understanding and knowledge of a
broad framework of legislative and procedural guidelines/requirements which involve
interpretation and policy making.
A Band 3 Instructor shall be required to demonstrate a comprehensive knowledge
which embraces a wide range of programs for people with disabilities and shall be
required to demonstrate developed organisational skills to implement such
programs.
A Band 3 Instructor shall be required to exercise specialist and/or complex skills to
assist in the management of the program and/or to co-ordinate or supervise the
delivery of parts of that program.
A Band 3 Instructor shall be required to have an understanding of the daily living
support skills and procedures and be capable of planning and implementing
programs effectively and efficiently.
Explanatory notes:
• A Band 3 Instructor will be highly skilled instructor. Their day to day role is
similar to that of a Band 2 Instructor; developing and implementing programs
for adults with disabilities. In addition to their major role of instructing, a Band
3 Instructor may be required to take on additional responsibilities. Time
release from instructing roles should be provided to undertake any additional
responsibilities. Such responsibilities will be determined at the local level and
may include any co-ordination or team leadership.
• A Band 3 is ari Instructor with additional responsibilities and not part of the
management team.
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Disability Services Victoria (Part 1) Agreement
APPENDIX 1(C) DESCRIPTORS FOR BAND III INSTRUCTORS Instructor Band III A Band 3 Instructor is a person appointed as such to provide ongoing program support and skills training to assist persons with a disability in a day program. A Band 3 Instructor shall be required to work with occasional supervision and to exercise judgement and discretion in regular decision making. A Band 3 Instructor shall be required to exercise comprehensive liaison skills with persons with disabilities, their families/carers, community agencies, specialist staff and with other services. A Band 3 Instructor shall be required to undertake a wide range of tasks within either varied contexts or highly specific contexts. A Band 3 Instructor shall be required to have an understanding and knowledge of a broad framework of legislative and procedural guidelines/requirements which involve interpretation and policy making. A Band 3 Instructor shall be required to demonstrate a comprehensive knowledge which embraces a wide range of programs for people with disabilities and shall be required to demonstrate developed organisational skills to implement such programs. A Band 3 Instructor shall be required to exercise specialist and/or complex skills to assist in the management of the program and/or to co-ordinate or supervise the delivery of parts of that program. A Band 3 Instructor shall be required to have an understanding of the daily living support skills and procedures and be capable of planning and implementing programs effectively and efficiently. Explanatory notes: A Band 3 Instructor will be highly skilled instructor. Their day to day role is similar to that of a Band 2 Instructor; developing and implementing programs for adults with disabilities. In addition to their major role of instructing, a Band 3 Instructor may be required to take on additional responsibilities. Time release from instructing roles should be provided to undertake any additional responsibilities. Such responsibilities will be determined at the local level and may include any co-ordination or team leadership. A Band 3 is an Instructor with additional responsibilities and not part of the management team. 48 Disability Services Victoria (Part 1) Agreement
APPENDIX 1(D) DESCRIPTORS FOR PROGRAM MANAGERS
Program Manager
A Program Manager is a person appointed as such to manage the program(s)
offered by the Adult Training Support Service and who report directly to the Board,
Committee of Management, Chief Executive Officer or Administrator.
A Program Manager shall be required to work with broad or limited guidance, to
exercise independent decision making skills necessary to make decisions within
broad parameters.
A Program Manager shall have developed and detailed liaison skills with persons
with a disability their families/carers, community agencies, specialist staff, other
service providers and with members of the general public.
A Program Manager shall co-ordinate the service and exercise complex
responsibilities in both varied and highly specific contexts.
A Program Manager shall demonstrate a detailed and thorough knowledge of
programs for people with disabilities and be able to initiate, develop, implement and
evaluate such programs.
A Program Manager shall demonstrate understanding and knowledge of a broad
framework of legislative and procedural guidelines and requirements which relate to
service provision to people with disabilities, and to the employment of staff.
A Program Manager shall supervise staff and to take functional responsibility for all
components of the organisation of the program.
A Program Manager shall exhibit extensive knowledge across a range of subjects
and shall be able to initiate and determine significant change in an organisation
through the development of policies and work practices.
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Disability Services Victoria (Part 1) Agreement
APPENDIX 1(D) DESCRIPTORS FOR PROGRAM MANAGERS Program Manager A Program Manager is a person appointed as such to manage the program(s) offered by the Adult Training Support Service and who report directly to the Board, Committee of Management, Chief Executive Officer or Administrator. A Program Manager shall be required to work with broad or limited guidance, to exercise independent decision making skills necessary to make decisions within broad parameters. A Program Manager shall have developed and detailed liaison skills with persons with a disability their families/carers, community agencies, specialist staff, other service providers and with members of the general public. A Program Manager shall co-ordinate the service and exercise complex responsibilities in both varied and highly specific contexts. A Program Manager shall demonstrate a detailed and thorough knowledge of programs for people with disabilities and be able to initiate, develop, implement and evaluate such programs. A Program Manager shall demonstrate understanding and knowledge of a broad framework of legislative and procedural guidelines and requirements which relate to service provision to people with disabilities, and to the employment of staff. A Program Manager shall supervise staff and to take functional responsibility for all components of the organisation of the program. A Program Manager shall exhibit extensive knowledge across a range of subjects and shall be able to initiate and determine significant change in an organisation through the development of policies and work practices. 49 Disability Services Victoria (Part 1) Agreement
APPENDIX 1(E) DESCRIPTORS FOR ASSISTANT PROGRAM MANAGERS
Assistant Program Manager
An Assistant Program Manager is a person appointed as such to assist the Program
Manager to manage the program(s) offered by the Adult Training Support Service
and who reports to the Program Manager and who deputises for the Program
Manager from time to time.
An Assistant Program Manager shall work with broad or limited guidance, to exercise
independent decision making skills necessary to make decisions within broad
parameters.
An Assistant Program Manager shall have developed and detailed liaison skills with
persons with a disability their families/carers, community agencies, specialist staff,
other service providers and with members of the general public.
An Assistant Program Manager shall assist the Program Manager with the co
ordination of the service and shall exercise complex responsibilities in both varied
and highly specific contexts.
An Assistant Program Manager shall demonstrate a detailed and thorough
knowledge of programs for people with disabilities and be able to initiate, develop,
implement and evaluate such programs.
An Assistant Program Manager shall demonstrate understanding and knowledge of
a broad framework of legislative and procedural guidelines and requirements which
relate to service provision to people with disabilities, and to the employment of staff.
An Assistant Program Manager shall supervise staff and assist the Program
Manager to take functional responsibility for all components of the organisation of the
program.
An Assistant Program Manager shall exhibit extensive knowledge across a range of
subjects and shall be able to initiate and determine significant change in an
organisation through the development of policies and work practices.
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Disability Services Victoria (Part 1) Agreement
APPENDIX 1(E) DESCRIPTORS FOR ASSISTANT PROGRAM MANAGERS Assistant Program Manager An Assistant Program Manager is a person appointed as such to assist the Program Manager to manage the program(s) offered by the Adult Training Support Service and who reports to the Program Manager and who deputises for the Program Manager from time to time. An Assistant Program Manager shall work with broad or limited guidance, to exercise independent decision making skills necessary to make decisions within broad parameters. An Assistant Program Manager shall have developed and detailed liaison skills with persons with a disability their families/carers, community agencies, specialist staff, other service providers and with members of the general public. An Assistant Program Manager shall assist the Program Manager with the co- ordination of the service and shall exercise complex responsibilities in both varied and highly specific contexts. An Assistant Program Manager shall demonstrate a detailed and thorough knowledge of programs for people with disabilities and be able to initiate, develop, implement and evaluate such programs. An Assistant Program Manager shall demonstrate understanding and knowledge of a broad framework of legislative and procedural guidelines and requirements which relate to service provision to people with disabilities, and to the employment of staff. An Assistant Program Manager shall supervise staff and assist the Program Manager to take functional responsibility for all components of the organisation of the program. An Assistant Program Manager shall exhibit extensive knowledge across a range of subjects and shall be able to initiate and determine significant change in an organisation through the development of policies and work practices. 50 Disability Services Victoria (Part 1) Agreement
