Employment Agreement: Parental Leave, Deductions, and Public Holidays, Study notes of Business

Download Employment Agreement: Parental Leave, Deductions, and Public Holidays and more Study notes Business in PDF only on Docsity! ALLIED HEALTH PROFESSIONALS (VICTORIAN PUBLIC SECTOR) (SINGLE INTEREST EMPLOYERS) ENTERPRISE AGREEMENT 2020-2021 PART A – PRELIMINARY 2 PART A: PRELIMINARY 1. Agreement Title This agreement will be known as the Allied Health Professionals (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020-2021. 2. Arrangement PART A: PRELIMINARY 2 1. AGREEMENT TITLE 2 2. ARRANGEMENT 2 3. INDEX 7 4. DEFINITIONS 8 5. INCIDENCE & COVERAGE 9 6. COMMENCEMENT DATE AND PERIOD OF OPERATION 10 7. RELATIONSHIP TO PREVIOUS INDUSTRIAL INSTRUMENTS AND THE NES 10 8. COPY OF AGREEMENT 10 9. NO EXTRA CLAIMS 10 10. ANTI-DISCRIMINATION 10 11. TRANSFER OF BUSINESS 11 12. INDIVIDUAL FLEXIBILITY ARRANGEMENT 11 PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 13 13. CONSULTATION 13 14. DISPUTE RESOLUTION PROCEDURE 17 15. PERFORMANCE MANAGEMENT 19 16. DISCIPLINE 20 PART C- TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 24 17. TYPES OF EMPLOYMENT 24 18. FULL-TIME EMPLOYMENT 24 19. PART-TIME EMPLOYMENT 24 20. CASUAL EMPLOYMENT 25 21. CASUAL CONVERSION 26 22. FIXED TERM EMPLOYMENT 26 23. LETTER OF OFFER 30 24. TERMINATION OF EMPLOYMENT 30 25. REDUNDANCY AND RELATED ENTITLEMENTS 31 26. ENDING EMPLOYMENT DURING PARENTAL LEAVE 36 PART A – PRELIMINARY 5 93. RESERVED MATTERS 120 PART K – WORKPLACE RIGHTS 121 94. PREVENTION AND MANAGEMENT OF WORKPLACE BULLYING 121 95. WORKING FROM HOME – ROYAL CHILDREN’S HOSPITAL AND ROYAL WOMEN’S HOSPITAL 121 96. FLEXIBLE WORKING ARRANGEMENTS 121 SIGNATORIES 123 APPENDIX 1 – LIST OF EMPLOYERS 124 APPENDIX 2 – WAGE RATES 125 PART A: AHP1 WAGE RATES 125 PART B – AHP2 WAGE RATES 129 APPENDIX 3 – ALLOWANCES 141 APPENDIX 4 – CLASSIFICATION DEFINITIONS 146 SECTION A – DEFINITIONS 147 1. DEFINITIONS 147 SECTION B – AHP1 CLASSIFICATION DESCRIPTORS – GENERAL 149 AHP1 CLASSIFICATIONS – GENERAL 149 1. APPLICATION 149 2. INTERN – MEDICAL IMAGING TECHNOLOGIST (RADIOGRAPHER) AND NUCLEAR MEDICINE TECHNOLOGIST ONLY 149 3. GRADE 1 149 4. GRADE 2 150 5. GRADE 3 151 6. GRADE 4 153 7. GRADE 5 156 8. GRADE 6 156 9. GRADE 7 156 SECTION C – AHP1 CLASSIFICATION DESCRIPTORS – RADIATION THERAPY TECHNOLOGIST 157 AHP1 CLASSIFICATION DESCRIPTORS – RADIATION THERAPY TECHNOLOGIST 157 1. INTERN 157 2. RADIATION THERAPY TECHNOLOGIST GRADE 1 (QUALIFIED) 157 3. RADIATION THERAPY TECHNOLOGIST GRADE 2 157 4. RADIATION THERAPY TECHNOLOGIST GRADE 3 157 5. RADIATION THERAPY TECHNOLOGIST GRADE 4 158 6. GRADE 5 ASSISTANT RADIATION THERAPY MANAGER LEVEL 1(#) 158 7. GRADE 5 ASSISTANT RADIATION THERAPY MANAGER LEVEL 2 158 PART A – PRELIMINARY 6 8. GRADE 6 DEPUTY RADIATION THERAPY MANAGER LEVEL 1 158 9. GRADE 6 DEPUTY RADIATION THERAPY MANAGER LEVEL 2 (*) 159 10. GRADE 7 RADIATION THERAPY MANAGER LEVEL 1 159 11. GRADE 7 RADIATION THERAPY MANAGER LEVEL 2 (*) 159 SECTION D AHP1 CLASSIFICATION DESCRIPTORS - SONOGRAPHER 160 AHP1 CLASSIFICATION DESCRIPTORS - SONOGRAPHER 160 1. STUDENT SONOGRAPHER GRADE 1 160 2. TRAINEE SONOGRAPHER GRADE 2 160 3. SONOGRAPHER GRADE 3 160 4. SONOGRAPHER GRADE 4 160 5. EMPLOYEES UNDERTAKING A POSTGRADUATE SONOGRAPHY QUALIFICATION 161 6. HIGHER QUALIFICATIONS ALLOWANCE 161 SCHEDULE 1 – ENTRY REQUIREMENTS FOR AHP1 CLASSIFICATIONS (EXCLUDING RADIATION THERAPY TECHNOLOGIST AND SONOGRAPHER) 162 SCHEDULE 2 – SPECIFIC SPECIAL KNOWLEDGE OR DEPTH OF EXPERIENCE EXAMPLES 164 SCHEDULE 3 – HEALTH INFORMATION MANAGER SPECIALITY AREA EXAMPLES 165 SCHEDULE 4 – ADVANCED PRACTICE ROLES GRADE 3 AND 4 166 1. DEFINITION 166 2. APPLICATION OF THIS SCHEDULE 166 3. ADVANCED PRACTICE GRADE 3 166 4. ADVANCED PRACTICE GRADE 4 167 5. WHO CAN UNDERTAKE ADVANCED PRACTICE AND ADVANCED PRACTICE 3A 167 SECTION E - AHP2 CLASSIFICATION DESCRIPTORS 170 AHP2 CLASSIFICATION DESCRIPTORS 170 1. BIOMEDICAL TECHNOLOGIST 170 2. CHILD PSYCHOTHERAPIST 170 3. CLIENT ADVISER/REHABILITATION CONSULTANT 172 4. COMMUNITY DEVELOPMENT WORKER 172 5. DENTAL PROSTHETIST 177 6. DENTAL TECHNICIAN 177 7. MEDICAL LABORATORY TECHNICIAN 177 8. RENAL DIALYSIS TECHNICIAN 178 9. TECHNICAL OFFICER 178 10. WELFARE WORKER 179 11. YOUTH WORKER 182 ADDITIONAL AHP2 CLASSIFICATION DESCRIPTORS – PETER MACCALLUM CANCER INSTITUTE ONLY 186 12. MECHANICAL OFFICER 186 13. RADIATION ENGINEERS 187 14. RESEARCH TECHNOLOGISTS (RESEARCH SCIENTISTS) 189 SCHEDULE 5 – AWARD HEALTH PROFESSIONAL LEVEL 3 193 APPENDIX 5 – LETTER OF OFFER 194 APPENDIX 6 – CERTIFICATE OF SERVICE 195 PART A – PRELIMINARY 7 3. Index References are to page numbers. A Accident Pay, 45 Accrued Days Off, 55 Advertising Vacancies, 119 Allied Health Manager Structure, 115 Allowances Related to Overtime, 47 Allowances Tables, 141 Annual Leave, 67 Anti-Discrimination, 10 Appendix 1 – List of Employers, 124 Appendix 2 – wage rates, 125 Appendix 3 – Allowances, 141 Appendix 4 – Appendix 4 – Classification Definitions, 146 Appendix 5 - Letter of Offer, 194 B Backfill of Leave, 119 Blood Donors Leave, 102 Breaks, 57 Breastfeeding, 95 C Cashing Out of Annual Leave, 70 Casual Conversion, 26 Casual Employment, 25 Casual Employment – Caring Responsibilities, 77 Ceremonial Leave, 103 Certificate of Service, 195 Change of Shift Allowance, 49 Classification and Reclassification, 114 Classification Definitions, 146 Classifications Definitions and Wages, 112 Commencement Date and Period of Operation, 10 Compassionate Leave, 82 Conference/Seminar Leave, 106 Consultation, 13 Copy of Agreement, 10 D Damaged Clothing Allowance, 53 Daylight Savings, 63 Definitions, 8 Discipline, 20 Dispute Resolution Procedure, 17 E Employers covered, 124 Examination Leave, 105 F Family Violence Leave, 80 Fitness for Work, 77 Fixed Term Employment, 26 Flexible Working Arrangements, 121 Full-Time Employment, 24 H Higher Duties Allowance, 48 Higher Qualifications Allowance, 47 Hours of Work, 54 I Incidence & Coverage, 9 Increases to Allowances, 46 Individual Flexibility Arrangement, 11 In-Service Education and Training, 107 J Jury Service, 103 L Leave to Engage in Emergency Relief Activities, 102 Letter of Offer, 30, 194 Long Service Leave, 95 M Make-up Time, 64 N No Extra Claims, 10 PART A – PRELIMINARY 10 6. Commencement Date and Period of Operation 6.1 This Agreement will come into effect seven days after the date of approval by the Commission. 6.2 This Agreement will nominally expire on 30 June 2021. 6.3 The Agreement will continue to operate after the nominal expiry date in accordance with the provisions of the Act. 6.4 Those covered by the Agreement and their representatives will commence negotiations for a replacement enterprise agreement in December 2020 provided that any claim made by any party during this period prior to the nominal expiry date of the Agreement may not be supported by industrial action. 7. Relationship To Previous Industrial Instruments and the NES 7.1 This is a comprehensive Agreement that operates to the exclusion of any award, workplace determination or other agreement which previously applied to Employees covered by this Agreement. However, any entitlement in the nature of an accrued entitlement to an Employee’s benefit which has accrued under any such previous industrial instrument will not be affected by the making of this Agreement. 7.2 A dispute or grievance that is being considered pursuant to clause 14 of the 2016 Agreement at the time this Agreement commences operation may continue to be considered pursuant to clause 14 of the 2016 Agreement. 7.3 This Agreement is not intended to exclude any part of the NES or to provide any entitlement which is detrimental to an Employee’s entitlement under the NES. For the avoidance of doubt, the NES prevails to the extent that any aspect of this Agreement would otherwise be detrimental to an Employee. 8. Copy of Agreement The Employer will make a copy of the Agreement accessible to all Employees either physically or electronically. 9. No Extra Claims 9.1 This Agreement is reached in full and final settlement of all matters subject to claims by those covered by the Agreement and for the life of the Agreement no further claims will be made or supported by those covered by the Agreement. 9.2 Nothing in this clause 9 is intended to be inconsistent with the Act or remove the ability for this Agreement to be varied in accordance with the Act. 10. Anti-Discrimination 10.1 Those covered by this Agreement respect and value the diversity of the work force and will help protect Employees against unfair treatment and unlawful PART A – PRELIMINARY 11 discrimination on the basis of race, colour, sex (gender), sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion (religious belief or activity), political opinion (political belief of activity), national extraction, social origin, carer and parental status, employment activity, gender activity, lawful sexual activity, industrial activity, physical features, breastfeeding, expunged homosexual activity, personal association, or any other attributes protected by anti-discrimination legislation. 10.2 Accordingly, in fulfilling their obligations under the Agreement, those covered by the Agreement must make every reasonable endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly unlawfully discriminatory in their effects. 10.3 Nothing in this clause 10 is to be taken to affect: (a) any different treatment (or treatment having different effects) which is specifically exempted under Commonwealth or State anti-discrimination legislation; (b) an Employee, the Employer or registered organisation pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Australian Human Rights Commission; and (c) the exemptions in section 351(2) of the Act. 11. Transfer of Business 11.1 Where the business of the Employer is, before or after the date of the Agreement, transferred from the Employer (in this clause 11 called the Transferor) to another Employer (in this clause 11 called the Transferee) and an Employee who at the time of such transfer was an Employee of the Transferor in that business becomes an Employee of the Transferee: (a) the continuity of the employment of the Employee will be deemed not to have been broken by reason of such transfer; and (b) the period of employment which the Employee has had with the Transferor or any prior transferor will be deemed to be service of the Employee with the Transferee. 11.2 In this clause 11: (a) business includes trade, process, business or occupation and includes any part of any such business; and (b) transfer includes transmission, conveyance, assignment or succession whether by agreement or by operation of law and transferred has a corresponding meaning. 12. Individual Flexibility Arrangement 12.1 An Employer and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the arrangement deals with one (1) or more of the following matters: PART A – PRELIMINARY 12 (i) arrangements for when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1; and (c) the arrangement is genuinely agreed by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Employer and Employee; (c) is signed by the Employer and the Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian; (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (e) states the date the arrangement commences 12.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing – at any time. PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 15 (a) the details of proposed change; (b) the reasons for the proposed change; (c) the possible effect on Affected Employee/s of the proposed change on workload and other occupational health and safety impacts; (d) where occupational health and safety impacts are identified, a risk assessment of the potential effects of the change on the health and safety of Affected Employee/s, must be undertaken in Consultation with HSRs, and the proposed mitigating actions to be implemented to prevent such effects; (e) the expected benefit of the change; (f) measures the Employer is considering that may mitigate or avert the effects of the proposed change; (g) the right of an Affected Employee/s to have a representative including a Union representative at any time during the change process; and (h) other written material relevant to the reasons for the proposed change (such as consultant reports), excluding material that is commercial in confidence, relates directly to a performance/conduct issue or cannot be disclosed under the Health Services Act 1988 (Vic) or other legislation. 13.5 Employee / Union response (step 2) Following receipt of the change impact statement, Affected Employee/s and/or the Union may respond in writing to any matter arising from the proposed change. 13.6 Meetings (step 3) (a) As part of Consultation, the Employer will meet with the Affected Employee/s, the Union and other nominated representative/s (if any) to discuss: (i) the proposed change; (ii) proposals to mitigate or avert the impact of the proposed change; and (iii) any matter identified in the written response from the Affected Employee/s and/or the Union. (b) To avoid doubt, the ‘first meeting’ at step 3 does not limit the number of meetings for Consultation. 13.7 Employer response (step 4) The Employer will give prompt and genuine consideration to matters arising from Consultation and will provide a written response to the Affected Employee/s, Union and (where relevant) other representative/s. 13.8 Alternative proposal (step 5) The Affected Employee/s, the Union and other representative (where relevant) may submit alternative proposal/s which will take into account the intended objective and benefits of the proposal. Alternative proposals should be submitted in a timely manner so that unreasonable delay may be avoided. PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 16 13.9 Outcome of Consultation (step 6) The Employer will give prompt and genuine consideration to matters arising from Consultation, including an alternative proposal submitted under subclause 13.8, and will advise the Affected Employee/s, the Union and other nominated representatives (if any) in writing of the outcome of Consultation including: (a) whether the Employer intends to proceed with the change proposal; (b) any amendment to the change proposal arising from Consultation; (c) details of any measures to mitigate or avert the effect of the changes on Affected Employee/s; and (d) a summary of how matters that have been raised by Affected Employee/s, the Union and their representatives, including any alternative proposal, have been taken into account. 13.10 Consultation about changes to rosters or hours of work (a) Where an Employer proposes to change an Employee’s regular roster or ordinary hours of work, the Employer must consult with the Employee or Employees affected and their representatives, if any, about the proposed change. (b) The Employer must: (i) consider health and safety impacts including fatigue; (ii) provide to the Employee or Employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the Employee’s regular roster or ordinary hours of work and when that change is proposed to commence); (iii) invite the Employee or Employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and (iv) give consideration to any views about the impact of the proposed change that is given by the Employee or Employees concerned and/or their representatives. (c) The requirement to consult under this subclause 13.10 does not apply where an Employee has irregular, sporadic, or unpredictable working hours. (d) These provisions are to be read in conjunction with the terms of the engagement between the Employer and Employee, other Agreement provisions concerning the scheduling of work and notice requirements. 13.11 Consultation disputes Any dispute regarding the obligations under this clause 13 will be dealt with under the Dispute Resolution Procedure at clause 14 of this Agreement. PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 17 14. Dispute Resolution Procedure 14.1 Resolution of disputes and grievances (a) For the purpose of this clause 14, a dispute includes a grievance. (b) This dispute resolution procedure will apply to any dispute arising in relation to: (i) this Agreement; (ii) the NES; (iii) a request for an additional 12 months parental leave in accordance with section 76 of the Act; or (iv) a request for flexible working arrangements in accordance with section 65 of the Act. (c) A party to the dispute may choose to be represented at any stage by a representative including a Union or employer organisation. A representative, including a Union or employer organisation on behalf of an Employer, may initiate a dispute. 14.2 Obligations (a) The parties to the dispute and their representatives must genuinely attempt to resolve the dispute through the processes set out in this clause 14 and must cooperate to ensure that these processes are carried out expeditiously. (b) While the dispute resolution procedure is being conducted work will continue normally according to the usual practice that existed before the dispute, until the dispute is resolved. (c) This requirement does not apply where an Employee: (i) has a reasonable concern about an imminent risk to their health or safety; (ii) has advised the Employer of the concern; and (iii) has not unreasonably failed to comply with a direction by the Employer to perform other available work that is safe and appropriate for the Employee to perform. (d) No party to a dispute or person covered by the Agreement will be prejudiced with respect to the resolution of the dispute by continuing work under this subclause 14.2. 14.3 Dispute settlement facilitation (a) Where the chosen representative is another Employee of the Employer, that Employee will be released by the Employer from normal duties as is reasonably necessary to enable them to represent the Employee/s including: (i) investigating the circumstances of the dispute; and (ii) participating in the processes to resolve the dispute, including conciliation and arbitration. PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 20 (ii) ensure the Employee is provided with a reasonable opportunity to answer any concerns including a reasonable time to respond; (iii) give genuine consideration to any response or matters raised by an Employee’s response; and (iv) if a performance management plan is proposed, consult with the Employee and the Employee’s representative on the content of the plan. (d) Where, having considered the Employee’s response, the Employer reasonably believes, based on the Employee’s performance, that a performance management plan is appropriate, the Employer will: (i) provide the performance management plan to the Employee in writing following the consultation referred to at subclause 15.3(c)(iv) above, identifying which aspects of the Employee’s performance are unsatisfactory and the required level of performance which must be reasonable; and (ii) provide the Employee with a reasonable opportunity to address any concerns over a reasonable time. (e) The Employer will provide ongoing feedback on the Employee’s performance during this period, including if the Employee’s performance is not improving to a satisfactory standard, and will provide the Employee with all reasonable support, counselling and training. 16. Discipline 16.1 Application (a) Where an Employer has concerns about: (i) the Conduct of an Employee; or (ii) a Performance issue that may constitute Misconduct; the following procedure will apply. (b) There are two steps in a disciplinary process under this clause 16 as follows: (i) investigative procedure; and (ii) disciplinary procedure. (c) An Employee will be provided a reasonable opportunity to be represented at any time (including by a Union) with respect to all matters set out in this clause 16. 16.2 Definitions (a) Performance means the manner in which the Employee fulfils their job requirements. The level of performance is determined by an Employee’s knowledge, skills, qualifications, abilities and the requirements of the role. (b) Conduct means the manner in which the Employee behaviour impacts on work. (c) Misconduct means an Employee’s intentional or negligent failure to abide by or adhere to the standards of conduct reasonably expected by the Employer. A PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 21 performance issue can be considered misconduct where, despite all reasonably practicable interventions by the Employer, the Employee is unable to fulfil all or part of their job requirements to a satisfactory level. (d) Serious Misconduct is as defined under the Act and that is both wilful and deliberate. Currently the Act defines serious misconduct, in part, as: (i) wilful or deliberate behaviour by an Employee that is inconsistent with the continuation of the contract of employment; (ii) conduct that causes serious and imminent risk to: A. the health or safety of a person; or B. the reputation, viability or profitability of the Employer’s business. Conduct that is serious misconduct includes each of the following: (iii) the Employee, in the course of the Employee’s employment, engaging in: A. theft; or B. fraud; or C. assault; (iv) the Employee being intoxicated at work; (v) the Employee refusing to carry out a lawful and reasonable instruction that is consistent with the Employee's contract of employment. Subclauses 16.2(d)(iii) to 16.2(d)(v) do not apply if the Employee is able to show that, in the circumstances, the conduct engaged in by the Employee was not conduct that made employment in the period of notice unreasonable. 16.3 Investigative procedure (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding Conduct or Performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness. (b) The Employer will: (i) advise the Employee of the concerns and allegations in writing; (ii) provide the Employee with any material which forms the basis of the concerns; (iii) ensure the Employee is provided a reasonable opportunity to answer any concerns including a reasonable time to respond; (iv) advise the Employee of their right to have a representative, including a Union representative; (v) ensure that the reason for any interview is explained; and (vi) take reasonable steps to investigate the Employee’s response. PART B – CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE 22 16.4 Disciplinary procedure (a) The disciplinary procedure applies if, following the investigation, the Employer reasonably considers that the Employee’s Conduct or Performance may warrant disciplinary steps being taken. (b) The Employer will: (i) notify the Employee in writing of the outcome of the investigation process, including the basis of any conclusion; and (ii) meet with the Employee. (c) In considering whether to take disciplinary action, the Employer will consider: (i) whether there is a valid reason related to the Conduct or Performance of the Employee arising from the investigation justifying disciplinary action; (ii) whether the Employee knew or ought to have known that the Conduct or Performance was below acceptable standards; and (iii) any explanation by the Employee relating to Conduct including any matters raised in mitigation. 16.5 Possible outcomes (a) Where it is determined after following the procedures in this clause 16 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the Conduct or Performance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file; (ii) give the Employee a first warning, which will be verbal with a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 18 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an Employee who repeats a course of conduct for which a final warning was given in the preceding 18 months; (vi) terminate the Employee’s employment without notice where the conduct is Serious Misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to subclause 16.5(a)(vi) above and in those circumstances, the Employer may issue the Employee with a final warning without following the steps in subclauses 16.5(a)(i) to 16.5(a)(vi) above. PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 25 19.4 Additional hours A part time Employee may be offered additional hours at the applicable ordinary time rates for the time worked, within the limits prescribed by this Agreement. A part-time Employee is entitled to decline an offer of additional ordinary hours. Where a part-time Employee is directed by the Employer to work reasonable additional hours, or works hours in excess of 38 in a week, an average of 38 hours a week or the limits prescribed by the Agreement, overtime rates will apply. 19.5 Entitlements The terms of this Agreement apply to part-time Employees (except where a clause explicitly states that it does not apply to part-time Employees), on the basis that the ordinary weekly hours for full-time Employees are 38, including: (a) payment at an hourly rate equal to 1/38th of the weekly rate appropriate for the Employee’s classification; (b) accrued paid leave, Family Violence Leave and Professional Development Leave on a pro rata basis, including on any additional ordinary hours. 20. Casual Employment 20.1 A casual Employee is one who is engaged in relieving work or work of a casual nature and whose engagement is terminable by the Employer in accordance with the Employer's requirements, without the requirement of prior notice by either the Employer or the Employee, but does not include an Employee who could properly be classified under clause 18- Full-time employment, clause 19 - Part-time employment or clause 22 - Fixed term employment. The minimum period of engagement of a casual Employee is three (3) hours. 20.2 A casual Employee will be paid for all work, other than for overtime (see subclause 52.6 for casual overtime provisions), performed on a: (a) weekday an amount equal to 1/38th of the weekly wage appropriate to the Employee's classification per hour plus 25%; (b) Saturday or Sunday an amount equal to 1/38th of the weekly wage appropriate to the Employee's classification per hour plus 75%; and (c) public holiday an amount equal to 1/38th of the weekly wage appropriate to the Employee's classification per hour plus 175%. 20.3 In addition a casual Employee will be entitled to receive the appropriate uniform and other allowances contained in this Agreement. 20.4 The provisions of clause 24 (Termination of Employment), clause 59 (Annual Leave), clause 62 (Personal/Carer’s Leave) except in so far as it expressly applies to casual Employees, and clause 72 (Long Service Leave), will not apply in the case of a casual Employee. 20.5 The list in subclause 20.4 is not intended to be exhaustive and relevant clauses should be referred to to determine any casual entitlement. PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 26 20.6 Casual Employees are entitled to Long Service Leave in accordance with the Long Service Leave Act 2018 (Vic) (or applicable legislation). 21. Casual Conversion 21.1 Where a casual Employee has worked shifts on a regular and systematic basis over a period of 26 weeks or more, the Employer and the Employee recognise that the Employee may be more properly classified as part-time or full-time. 21.2 An Employee will not be considered to be rostered on a regular and systematic basis where the shifts the Employee has been working are replacing an Employee on an absence (including but not limited to parental leave, long service leave, workers compensation leave and personal leave) or a flexible work arrangement. 21.3 Either the Employer or the Employee may request in writing the conversion of the Employee to full-time or part-time employment (whichever is applicable) and such a request will not be unreasonably refused by either party. 21.4 A written response will be provided no later than 21 days from the date of a request (by either an Employee or Employer). Where the request is refused, the written response will include reasons for the refusal. Where the Employer makes the request under subclause 21.3, at the time of making the request the Employer will also notify the Employee in writing of their obligations under this subclause 21.4. 21.5 Where an Employee converts from casual to full or part-time employment, the Employee’s minimum weekly hours will be those worked on a regular and systematic basis as described in subclauses 21.1 and 21.2 above, and the provisions of clause 18 Full-time Employment or 19 Part-time Employment (whichever is relevant) will apply. 21.6 Where such a conversion occurs, the Employee will be provided with a Letter of Appointment setting out the revised employment arrangements, including any period/s of casual employment with the Employer. 22. Fixed Term Employment 22.1 An Employee may only be employed on a fixed term basis where it is genuine fixed term employment as defined in subclauses 22.2 and 22.3. 22.2 Genuine fixed term employment is: (a) where the role is for a specific period or purpose and for one of the reasons set out at subclause 22.3; and (b) is not where recurrent funding for the role may end or for a reason other than one specified at subclause 22.3 below. 22.3 Genuine fixed term employment can only be offered for the following purposes: (a) research projects which, for the purpose of this clause 22 means: PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 27 (i) there is a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe; (ii) the funding for the research project does not come from recurrent funding; and (iii) there is no pattern of additional funding being provided or made available to extend the research project; (b) special projects. Indicative examples of special projects are: (i) Specific, Timely Assessment and Triage project (the STAT project), a NHMRC funded project looking at reducing waiting times; (ii) Language and Literacy project; (iii) Organisational Compliance projects such as those arising from findings of the Royal Commission into Family Violence where Employers must comply with several recommendations within a time specified time frame; (c) backfilling an on-going Employee who has been temporarily seconded to another role; (d) graduate year positions; (e) replacing other Employees who are absent: (i) on leave (including parental, long service or sick leave); (ii) on WorkCover; or (iii) by a flexible work arrangement; (f) any other genuine fixed term arrangement agreed to by the Union at its discretion. 22.4 Nothing in this clause 22 requires an Employer to use fixed term employment for the purposes listed in subclause 22.3. 22.5 Appointment In the letter of offer, the Employer will advise the Employee in writing of the reason the role is genuine fixed term employment, the duration of the fixed term and the rights of an incumbent Employee (if relevant). 22.6 Duration of a fixed term contract A contract for genuine fixed term employment cannot be for a period greater than 2 years unless otherwise agreed to by the Union at its discretion. 22.7 Further contract where role continues Where the role that is subject to the genuine fixed term employment will continue beyond the end of the contract, the Employer may offer to extend the fixed term employment for that role by a further contract where it: (a) is still genuine fixed term employment as described at subclause 22.2 and is appropriate in all the circumstances; (b) is still for a purpose listed at subclause 22.3; and PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 30 22.13 Anti-avoidance Separate fixed term positions means positions that are genuine fixed term employment within the meaning of subclause 22.3 and which are genuinely separate and distinct, and does not include a single position that has been amended from one contract to the next. 22.14 Consideration of Fixed term employment The Employer will consider whether it could utilise a permanent reliever rather than a fixed term Employee for long term leave relief. 22.15 Employees engaged on a fixed term basis pursuant to this clause 22 will receive the pay, entitlements and other conditions a full-time Employee receives where their work accords with clause 18 (Full-Time Employment), otherwise they will receive the pay, entitlements and other conditions provided for a part-time Employee under clause 19. 23. Letter of Offer Before each new Employee commences employment, the Employer will provide each Employee with a letter of offer including the information set out in Appendix 5. 24. Termination of Employment NOTE: this clause 24 only applies to full-time and part-time Employees unless otherwise indicated. 24.1 In the event of termination of employment, four weeks’ written notice must be given by the Employer. 24.2 The notice required by subclause 24.1 will be increased by one week if the Employee is over 45 years of age and has completed at least two years of continuous service. 24.3 An Employer may make payment in lieu of notice for part or all of the notice period. The payment in lieu of notice must equal or exceed the total of all amounts that the Employer would have paid had the Employee’s employment continued until the end of the required notice period, including superannuation. That payment must be calculated on the basis of: (a) the Employee’s ordinary hours of work (even if not standard hours); (b) the amounts ordinarily payable to the Employee in respect of those hours, including (for example) allowances, loading and penalties; and (c) any other amounts payable under the Employee's contract of employment. 24.4 An Employee (including a fixed term Employee) may terminate their employment by providing four weeks’ notice to the Employer in writing. Subject to financial obligations imposed on the Employer by any legislation, if an Employee fails to give notice the Employer will have the right to withhold monies due to the Employee with a maximum amount equal to the ordinary time rate of pay for the period of notice not provided by the Employee. PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 31 24.5 Subclauses 24.1 to 24.3 do not affect an Employer's right to terminate an Employee's employment without notice for serious misconduct (as defined for the purposes of the Act). 24.6 Subclause 48.4 deals with payments or deductions related to ADOs upon termination. 24.7 Where the Employer has given notice of termination to an Employee, an Employee will be allowed: (a) if the termination is a result of redundancy, up to one day off without loss of pay during each week of notice for the purpose of seeking other employment; or (b) if the notice of termination is for any reason other than redundancy, up to one day off without loss of pay for the purpose of seeking other employment at times that are convenient to the Employee after consultation with the Employer. 25. Redundancy and Related Entitlements 25.1 Arrangement This clause is arranged as follows: (a) Arrangement (subclause 25.1); (b) Definitions (subclause 25.2); (c) Redeployment (subclause 25.3); (d) Support to Affected Employees (subclause 25.4); (e) Salary Maintenance (subclause 25.5); (f) Preservation of accrued leave (subclause 25.6); (g) Relocation (subclause 25.7); (h) Employment terminates due to Redundancy (subclause 25.8); and (i) Exception to application of Victorian Government’s policy with respect to severance pay (subclause 25.9). 25.2 Definitions (a) Affected Employee for this clause 25 means an Employee whose role will be redundant. (b) Comparable Role means an on-going role that: (i) is the same profession as that of the Affected Employee’s redundant position or if not, is in a profession acceptable to the Affected Employee; (ii) is any of the following: A. in the same clinical specialty as that of the Affected Employee’s former position; B. in a clinical specialty acceptable to the Affected Employee; or C. a position that with the reasonable support described at 25.3(f), the Affected Employee could undertake; PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 32 (iii) is the same grade as the Affected Employee’s redundant position; (iv) takes into account the number of ordinary hours normally worked by the Affected Employee; (v) is a Reasonable Distance from the Affected Employee’s current work location; (vi) takes the Affected Employee’s personal circumstances, including family responsibilities, into account; and (vii) takes account of health and safety considerations. (c) Consultation is as defined at clause 13 (Consultation) of this Agreement. (d) Continuity of Service means that the service of the Affected Employee is treated as unbroken. However, continuity of service is not broken where an Employer pays out accrued annual leave or long service leave upon termination in accordance with this Agreement. (e) Reasonable Distance means a distance that has regard to the Affected Employee’s original work location, current home address, capacity of the Affected Employee to travel, additional travelling time, effects of the personal circumstances of the Affected Employee, including family commitments and responsibilities and other matters raised by the Affected Employee, or assistance provided by their Employer. (f) Redeployment Period means a period of 13 weeks from the time the Employer notifies the Affected Employee in writing that Consultation under clause 13 is complete and that the Redeployment Period has begun. (g) Redundancy means the Employer no longer requires the Affected Employee’s job to be performed by anyone because of changes in the operational requirements of the Employer’s enterprise. (h) Relocation means an Affected Employee is required to move to a different campus as a result of an organisational change on either a temporary or permanent basis. (i) Salary Maintenance means an amount representing the difference between what the Affected Employee was normally paid prior to the Affected Employee’s role being made redundant and the amount paid in the Affected Employee’s new role following redeployment. 25.3 Redeployment An Affected Employee whose role will be redundant will be considered for redeployment during the Redeployment Period. (a) Employee to be advised in writing (i) The Affected Employee must be advised in writing of: (ii) the date the Affected Employee’s role is to be redundant; (iii) details of the redeployment process; PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 35 hours accrued immediately prior to redeployment will not be reduced as a result of redeployment; and (b) the number of hours of personal leave they have accrued prior to redeployment preserved 25.7 Relocation (a) Employer to advise in writing of Relocation As soon as practicable but no less than seven (7) days after a decision is made by the Employer to temporarily or permanently relocate an Affected Employee, the Employer will advise the Affected Employee in writing of the decision, the proposed timing of the Relocation and any other alternatives available to the Affected Employee. In addition, the Employer will: (i) ensure the Relocation is a Reasonable Distance, unless otherwise agreed; (ii) ensure that the Affected Employee is provided with information on the new location’s amenities, layout and local operations prior to the Relocation; and (iii) consult with the Union or other nominated Employee representative regarding the content of such information. (b) Entitlement to relocation allowance An Affected Employee is entitled to a relocation allowance where permanent or temporary Relocation results in additional cost to the Affected Employee for travel and/or other expenses. (c) Employee to provide written estimate The Affected Employee must make written application to the Employer with a written estimate of the additional travelling cost and other expenses for the period of redeployment up to a maximum of 12 months. Payment (i) The maximum relocation allowance payable by the Employer will be $1900.00, paid as a lump sum. (ii) When considering the Affected Employee’s estimate, the Employer may have regard to the Reasonable Distance. (iii) In the event of a dispute about the Affected Employee’s estimate it will be resolved under clause 14 (Dispute Resolution Procedure). (d) Exceptions An Affected Employee is not entitled to the relocation allowance if the site or campus to which the Affected Employee is being relocated to is a location to which they can be expected to be deployed as part of their existing employment conditions. PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 36 (e) Fixed term Employees not excluded An Affected Employee on a fixed term contract who is relocated will be covered by the terms of this clause 25 for the duration of the fixed term contract. 25.8 Employment terminates due to Redundancy The Victorian Government’s policy with respect to public sector redundancy and the entitlements upon termination of employment as a result of Redundancy are set out in the Public Sector Workplace Relations Policies 2015. The policy as at the time this Agreement comes into operation applies to Employees but does not form part of this Agreement. 25.9 Exception to application of Victorian Government’s policy with respect to severance pay Where the Affected Employee’s Employer secures for them a Comparable Role (as defined) with another Employer covered by this Agreement, which: (a) is within a Reasonable Distance of the work site of the redundant position; (b) provides Continuity of Service; (c) where the Comparable Role results in a loss of income, the salary maintenance at subclause 25.5 will be applied; and (d) where relevant, is consistent with the financial and other support provided to an internal redeployee; the Employee will be considered successfully redeployed as though the employment was with the same Employer and no severance pay will apply. 26. Ending Employment During Parental Leave 26.1 Communication during parental leave – organisational change (a) Organisational Change - consultation Where an Eligible Employee (as defined in subclause 70.2) is on parental leave and the Employer proposes a change that will have a Significant Effect within the meaning of clause 13 (Consultation) of this Agreement on the Eligible Employee, including their pre-parental leave position, the Employer will comply with the requirements of clause 13 (Consultation) which include but are not limited to providing: (i) information in accordance with subclause 13.4; and (ii) an opportunity for discussions with the Eligible Employee and, where relevant, the Eligible Employee’s representative in accordance with subclause 13.6. Where the organisational change may result in the Eligible Employee’s position being made redundant, the provisions in subclause 26.2 will also apply. PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 37 (b) Other significant matters The Eligible Employee will endeavour to take reasonable steps as soon as practicable to inform the Employer about any significant matter that arises whilst the Eligible Employee is on parental leave that will affect the Eligible Employee’s decision regarding: (i) the duration of parental leave to be taken; (ii) whether the Eligible Employee intends to return to work; and (iii) whether the Eligible Employee intends to request to return to work on a part-time basis. (c) Change of address The Eligible Employee will also notify the Employer of changes of address or other contact details which might affect the Employer’s capacity to comply with subclause 26.1. 26.2 Redundancy – proposed termination of Employment (a) Employer to write to Employee Where, following the consultation in clause 13, an Eligible Employee is on parental leave when the Eligible Employee’s role is declared redundant, the Employer will inform the Eligible Employee in writing of the following: (i) that the Eligible Employee is entitled to return to an available position for which the Eligible Employee is qualified and suited nearest in status and pay to the pre-parental leave position; (ii) any available position/s for which the Employer believes the Eligible Employee may be qualified and suited, including those nearest in status and pay to the pre-parental leave position; and (iii) In the event that: A. the available position for which the Employee is qualified and suited nearest in status and pay to the pre-parental leave position is not a Comparable Role within the meaning of subclause 25.2(b); or B. there is no available position as described at subclause 26.2(a)(iii)A; the Eligible Employee may: (1) continue the employment by electing to defer the commencement of the redeployment period in subclause 25.3 for the period of parental leave, including any extension agreed under subclause 70.12 (although nothing in this clause 26 stops a Comparable Role from being identified during parental leave, before the redeployment period); or PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 40 (ii) In the event that the Eligible Employee consents to the termination of employment due to redundancy during paid parental leave, the Eligible Employee will receive the full amount of paid parental leave and superannuation under subclauses 70.5 and 30.5. (g) Resignation does not affect redundancy payment Resignation by the Eligible Employee prior to returning to work does not affect the Employee’s entitlement to a redundancy payment under subclause 25.8. (h) Redeployment period Where an Eligible Employee’s role is made redundant during parental leave, and: (i) the Employee has not consented to the proposed termination of their employment during the period of parental leave due to redundancy; and/or (ii) the Eligible Employee has not accepted a Comparable Role or an available position for which the Eligible Employee is qualified and suited nearest in status and pay to the pre-parental leave position; the redeployment period of 13 weeks in subclause 25.3 commences on the day after the Employee’s parental leave ends. 27. Transition to Retirement 27.1 Employees may advise their Employer in writing of their intention to retire within the next five years from their Employer and may participate in a transition to retirement arrangement. 27.2 Transition to retirement arrangements may be proposed and, where agreed, implemented through: (a) a flexible working arrangement (see clause 96); (b) an individual flexibility agreement (see clause 12); (c) an agreement in writing between the parties; or (d) any combination of the above. 27.3 A transition to retirement arrangement may include but is not limited to: (a) a reduction of working hours, i.e. part time employment; (b) a job share arrangement; and/or (c) working in a position at a lower status or rate of pay. 27.4 The Employer will consider, and not unreasonably withhold its approval of a request by an Employee to transition to retirement through: (a) using accrued Long Service Leave (LSL) or Annual Leave for the purpose of reducing the number of days worked or their working hours but retaining their previous employment status. PART C – TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 41 Example: 1. A full-time Employee may work 3 days per week and have 2 days of accrued long service leave per week, retaining their full-time status. 2. A part-time Employee employed for 24 hours per week may work 20 hours per week and take 4 hours of accrued annual leave per week, retaining their status as a part-time Employee employed for 24 hours per week. or; (b) accepting appointment to a role that has a lower hourly rate of pay and/or reduced hours (post transition role), in which case: (i) the Employee will retain the accrual of LSL they had immediately prior to the reduction in their rate of pay and/or hours (preserved LSL). Where LSL is taken, the Employee will be paid LSL hours at the wage rate and/or their hours of work prior to the post transition role until the preserved LSL hours are exhausted; Examples: 1. An Employee’s hourly rate of pay is reduced under this subclause 27.4(b) from $35 to $30. When the Employee takes LSL it will be paid at the rate of $35 per hour until the preserved LSL is exhausted. 2. An Employee’s hours of work are reduced under this subclause 27.4(b) from 32 hours per week to 24 hours per week. When the Employee takes LSL they will be paid for 32 hours of LSL per week until the preserved LSL is exhausted. 3. An Employee’s hourly rate of pay is reduced under this subclause 27.4(b) from $40 to $35 and their hours of work from 38 to 30 hours per week. When the Employee takes LSL it will be paid at the rate of $40 per hour and they will be paid for 38 hours of LSL per week until the preserved LSL is exhausted. (ii) however, if the Employee's hourly wage rate in the post-transition role over time exceeds the wage rate of the pre-transition role, the higher wage rate will be used to calculate LSL. PART D – WAGES 42 PART D - WAGES 28. Wages and Wage Increases 28.1 Weekly rates of pay prescribed by the 2016 Agreement will be increased by 2.5% effective from the FFPPOA 1 July 2020. 28.2 The rates as amended by this Agreement are set out at Appendix 2 of this Agreement. 28.3 The above rates of pay will only come into operation on the approval of this Agreement by the Commission in accordance with the Act. 28.4 Translation of some Chief and Deputy Chief rates An Employee who, immediately prior to the commencement of this Agreement, held a position that subclause 28.6 of the 2016 Agreement applied to because they were classified under the 2011 Agreement at: (a) Chief Grade 2 and the Employee was at the Year 2 increment; (b) Medical Imaging Technologist Deputy Chief Grade 2 and the Employee was at the Year 2 increment; (c) Chief Grade 4; or (d) Medical Imaging Technologist Deputy Chief Grade 4; will receive the weekly rates of pay specified below: RELEVANT CHIEF & DEPUTY CHIEF CLASSIFICATIONS CURRENT RATE RATE EFFECTIVE FROM THE FFPPOA 1 July 2020 Chief Grade 2 Year 2 $2,116.00 $2,184.70 Medical Imaging Technologist Deputy Chief Grade 2 Year 2 $2,116.00 $2,168.90 Chief Grade 4 $2,462.80 $2,524.40 Medical Imaging Technologist Deputy Chief Grade 4 $2,462.80 $2,524.40 29. Payment of Wages 29.1 Frequency of payment (a) The pay period will be weekly or fortnightly. (b) Wages will be paid not later than Thursday following the end of the pay period. 29.2 Method of payment Wages will be paid by electronic funds transfer into the bank or financial institution account nominated by the Employee, unless otherwise agreed. PART D – WAGES 45 31.4 The Employee will be responsible for all costs associated with the administration of their salary packaging arrangements, provided that such costs will 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. The Employer will notify the Employee where the charges levied are varied. 31.5 Employees who are considering salary packaging should seek independent financial advice. The Employer will not be responsible for the cost or outcome of any such advice. 31.6 Superannuation contributions paid by the Employer into an approved Fund will be calculated on the Employee’s pre-packaged rate of pay. 32. Accident Pay 32.1 Subject to this clause 32, where an Employee is receiving a weekly payment of compensation in respect of an incapacity under the WIRC Act, the Employee will receive accident make up pay equal to the ordinary time earnings they would ordinarily receive, less the amount of weekly compensation. 32.2 Accident make up pay will only be payable to an eligible Employee whilst that Employee remains in the employment of the Employer. 32.3 An Employer is not liable to pay accident make up pay: (a) in relation to an incapacity which occurred during the first two weeks of the employment unless such incapacity continues beyond the first two weeks of employment in which case the maximum period of payment of accident make up pay will apply only to the period of incapacity after the first two weeks; (b) in relation to any injury, during the first five normal working days of incapacity. However, an Employee who contracts an infectious disease in the course of duty is entitled to receive workers’ compensation therefore will receive accident pay from the first day of incapacity; (c) for any period that weekly payments under the Act cease; (d) whilst the Employee is on any other paid leave provided for in this Agreement; (e) unless the Employee has given notice in writing to the Employer of an injury as soon as practicable after the occurrence of the injury; (f) upon the death of the Employee. 32.4 The maximum period or aggregate periods of accident make up pay for which the Employer is liable under this clause 32 is 39 weeks for any one injury. PART E – ALLOWANCES AND REIMBURSEMENTS 46 PART E – ALLOWANCES AND REIMBURSEMENTS 33. Increases to Allowances 33.1 The following allowances: (a) the uniform allowance in clause 44; (b) the laundry allowance in clause 44; (c) the meal allowance in subclause 36.1; (d) the sleepover allowance in clause 40; (e) the night shift allowance in subclause 38.2; (f) the permanent night shift allowance in subclause 38.2; and (g) CATT on-call allowance in subclause 54.2. will be increased in accordance with the wage increases in subclause 28.1. 33.2 Allowances as amended by this Agreement are set out at Appendix 3 of this Agreement. 34. Sole Allowance An Employee who is the only person employed in one of the below listed classifications, will be paid, in addition to their appropriate rate, an allowance per week at the rate of 5% of the weekly wage of a AHP1 Grade 1, Year 1: • Cardiac Technologist (Cardiac Physiologist) • Child Psychotherapist • Health Information Manager (Medical Record Administrator) • Medical Imaging Technologist (Radiographer) • Medical Librarian • Music Therapist • Nuclear Medicine Technologist • Occupational Therapist • Orthoptist • Orthotist/Prosthetist • Photographer or Illustrator (Medical Photographer or Illustrator) • Physiotherapist • Podiatrist • Radiation Therapy Technologist • Recreation Therapist • Social Worker • Speech Pathologist PART E – ALLOWANCES AND REIMBURSEMENTS 47 35. Higher Qualifications Allowance 35.1 An Employee who holds an additional post graduate qualification which is of direct relevance to their current position or functional work area, will be paid an allowance of 7.5% of the AHP1 Grade 1, Year 3 rate. 35.2 An Employee who holds a doctorate which is of direct relevance to their current position or functional work area will be paid an allowance of 10% of the AHP1 Grade 1, Year 3 rate. 35.3 An Employee who receives an allowance under subclause 35.2 above cannot also receive an allowance under subclause 35.1 above. 35.4 The higher qualifications allowance is to be paid during all periods of leave except sick leave beyond 21 days and long service leave. 35.5 Definitions (a) A post graduate qualification includes a qualification that has been assessed as a Bachelor Honours Degree, Graduate Certificate, Graduate Diploma or Masters Degree (or equivalent to any of these) under the Australian Qualifications Framework level 8 or 9 criteria. (b) A doctorate includes a qualification that has been assessed as a Doctorate (or equivalent) under the Australian Qualifications Framework level 10 criteria. (c) For the avoidance of doubt, additional post graduate qualification in subclause 35.1 means a post graduate qualification held by the Employee that is in addition to the minimum qualification that is required to enable them entry into the relevant profession under the Agreement. It is not a post graduate qualification held by an Employee that is the only qualification they hold that allows them entry into the profession under the Agreement. 36. Allowances Related to Overtime and On-call 36.1 Meal Allowance (a) Meals Allowance Where Overtime Worked (i) Except as provided at subclause 36.1(b) below, an Employee who works overtime will be paid the meal allowance specified at Appendix 3 where the Employee works: A. more than one hour of overtime after the end of a rostered shift; B. more than two hours overtime when they have been recalled to duty; and/or C. more than four hours of overtime or recall. (ii) An Employee who qualifies for the meal allowance at subclause 36.1(a)(i)C will receive it in addition to the meal allowance at subclause 36.1(a)(i)A or 36.1(a)(i)B. PART E – ALLOWANCES AND REIMBURSEMENTS 50 39.2 The change of shift allowance will be an amount equal to 4% of the rate applicable to the first year of experience after qualifications for that Employee and is in addition to any other amount payable. 39.3 Exception – two contracted positions The change of shift allowance is not payable where an Employee holds two contemporaneous, contracted, different positions with the same Employer and moving between those positions results in a change of shift pattern that would ordinarily invoke a change of shift allowance payment. 39.4 Exceptions – Employee requests change and 2 weeks off duty The change of shift allowance is not payable where: (a) the Employee requests a change to the roster which creates a change of shift as described in subclause 39.1; or (b) there is at least two weeks of continuous approved leave between the relevant shifts which creates a change of shift as described in subclause 39.1. 39.5 The allowances payable pursuant to this clause 39 will be calculated to the nearest five cents, portions of a cent being disregarded. 40. Sleepover Allowance 40.1 Where the Employer requires an Employee to sleepover on the Employer's premises for a period outside that of the Employee's normal rostered hours of duty, the Employee will be entitled to the applicable amount for their classification set out in Appendix 3. 40.2 This payment will be deemed to provide compensation for the sleepover and also to include compensation for all work necessarily undertaken by an Employee up to a total of one hour's duration. Any work necessarily performed by the Employee in excess of one hour during their sleepover will attract the appropriate overtime payment as specified in clause 52 (Overtime). 41. Travelling Allowance 41.1 Rates The travelling allowance rates are as follows: Engine capacity Cents per kilometre Ordinary car Rotary engine car 1600cc (1.6 litre) or less 800cc (0.8 litre) or less 65 cents 1601cc - 2600cc (1.601 litre - 2.6 litre) 801cc - 1300cc (0.801 litre - 1.3 litre) 76 cents PART E – ALLOWANCES AND REIMBURSEMENTS 51 2601cc (2.601 litre) and over 1301cc (1.301 litre) and over 77 cents 41.2 Travel - Recall (a) An Employee required to use their vehicle for transport from home to place of work and return outside of normal hours will receive the allowance at subclause 41.1 for each kilometre travelled. (b) At the Employee’s request, an Employee who is recalled to the Employer's premises for any purpose will be provided with transport (i.e. taxi or hire car) for the outward and return journeys and the Employer will be responsible for the cost. 41.3 Travel during normal working hours An Employee required to travel during normal working hours on Employer business will be: (a) provided with transport by the Employer and the Employer will be responsible for the cost; or (b) where the Employee agrees to use their own vehicle, receive the allowance at subclause 41.1 for each kilometre travelled on Employer business. 41.4 Reimbursement (a) Approved fares incurred by an Employee in the performance of their duty will be reimbursed by the Employer. (b) Any road tolls reasonably incurred by an Employee when using the Employee’s own vehicle under subclause 41.2 or 41.3, will be reimbursed by the Employer upon the production of appropriate evidence. 41.5 Parking An Employee undertaking travel under this clause 41 will be reimbursed for the cost of parking if that cost is incurred as a result of that travel. 42. Travel – Payment Where an Employee is required to travel on Employer business, or undertake travel that attracts the working away from home allowance in clause 43 (Working Away From Home), the time spent travelling will be treated as time worked and paid as: (a) ordinary time (where travel is during ordinary hours); and/or (b) overtime (where travel is outside ordinary hours); in accordance with this Agreement. PART E – ALLOWANCES AND REIMBURSEMENTS 52 Example 1: An Employee works from 9am to 5pm at work site A. Just before 5pm the Employee is directed to travel to site B to perform overtime until 7pm and such a direction is reasonable. The Employee arrives at site B at 5:30pm to commence work. The Employee will be entitled to payment at the applicable overtime rates for 30 minutes of travel. Example 2: An Employee is required to work at a location that requires an overnight stay and will be paid the working away from home allowance. The Employee travels to the location during the Employee’s ordinary hours. The time spent travelling is paid at ordinary rates. 43. Working Away From Home 43.1 For each night an Employee is required by the Employer to be absent overnight from their usual place of residence, for example where an Employee cannot reasonably travel from or back to their usual place of residence on the day on which they are required to work by the Employer, the Employer will: (a) pay the Employee the higher of the following: (i) 2.5% of the AHP1 Grade 1, Year 2 rate per overnight period between Monday and Friday; or (ii) 5% of the AHP1 Grade 1, Year 2 rate per overnight period that includes a Saturday, Sunday or Public Holiday; and (b) pay for all reasonably incurred expenses in respect to fares, meals and accommodation. 43.2 Exception Subject to subclause 43.1, this clause 43 does not apply where an Employee voluntarily chooses for personal reasons to stay in the location prior to or after the day on which the Employee is required to work by the Employer. 44. Uniform and Laundry Allowance 44.1 Where the Employer requires an Employee to wear any special clothing or uniform, the Employer must reimburse the Employee for the cost of purchasing such special clothing or uniform. The provisions of this subclause 44.1 do not apply where the special clothing or uniform is paid for by the Employer. 44.2 Notwithstanding subclause 44.1 above, the Employer may, by agreement with the Employee, pay a uniform allowance at the daily or weekly rate set out in Appendix 3 (whichever is the lesser amount in total) when the Employee is expected to provide their own uniforms or coats. When such Employee's uniforms or coats are not laundered by or at the expense of the Employer, the Employee will be paid a laundry allowance at the daily or weekly rate set out in Appendix 3 (whichever is the lesser amount in total). PART F – HOURS OF WORK AND RELATED MATTERS 55 (c) has, prior to the Agreement commencing operation, agreed to work broken shifts in accordance with subclause 19.3, or subclause 47.2(b)(ii). 48. Accrued Days Off 48.1 Meaning of ‘accrued day off’ An accrued day off (ADO) results from hours of work under subclause 47.1 whereby a full-time Employee: (a) is rostered to work more than 38 hours per week; (b) is paid 38 ordinary hours; (c) the difference between the hours worked and hours paid accrues towards a paid day off; and (d) an Employee’s ordinary wage for ordinary hours is deemed to be the weekly rate prescribed in clause 28 (Wages and Wage Increases) and set out in Appendix 2, and will be paid each week even though more or less than 38 ordinary hours are worked in that week. 48.2 Accrual of ADOs (a) All full-time Employees are entitled to an ADO. The Employer will not refuse a new full-time Employee an ADO. (b) The Employer will inform a new full-time Employee of the relevant department’s work arrangements and provisions regarding hours of work and taking of ADOs. (c) A full-time Employee will work an average of 38 hours per week over a four week period as 19 shifts of 8 hours over four weeks. The Employee will be paid for 38 hours for each week (that is 7 hours and 36 minutes per day), and will work: (i) 5 shifts of 8 hours each (40 hours per week) during three of the four weeks; and (ii) 4 shifts of 8 hours each (32 hours in total) in one of the four weeks. (d) For the avoidance of doubt an Employee’s ADO arrangement may provide for an Employee to take an ADO before the ADO has accrued in full. (e) An Employer and a full-time Employee may agree in writing to a different ADO arrangement to that in subclause 48.2(c). Example: A full-time Employee works 19 shifts of 10 hours over five weeks. The Employee is paid 38 hours for each week, even though the Employee works 4 shifts of 10 hours each (40 hours per week) during 4 of the 5 weeks. In one of the five weeks, the Employee works 3 shifts of 10 hours each (30 hours only) but is paid for 38 hours. (f) A full-time Employee may request to work their ordinary hours in a manner that does not accrue ADOs and the Employer will not unreasonably refuse the request. PART F – HOURS OF WORK AND RELATED MATTERS 56 (g) Deductions where leave is taken (i) Where a full-time Employee takes paid leave, the leave that will be deducted from the Employee’s leave entitlement or accrual will be equal to the Employee’s ordinary hours of work for the period of leave so that the Employee will accrue credit towards their ADO. Example: A full-time Employee’s ordinary hours are worked as 19 shifts of 8 hours over four weeks. During a four week cycle the Employee takes annual leave for one week, with the Employee’s ordinary hours of work for that week being 40. The Employee is paid for 38 hours for that week of annual leave (7 hours and 36 minutes per day for 5 days), however 40 hours of leave is deducted from the Employee’s annual leave accrual for that week. The Employee will be entitled to a paid ADO of 7 hours and 36 minutes for the four week period that included the week of annual leave, with:  5 hours and 36 minutes of the ADO accrued from the 3 weeks the Employee worked; and  2 hours of the ADO accrued from the week of annual leave the Employee took (the 2 hour difference between the Employee’s annual leave deduction and pay for that week.) (ii) Where a full-time Employee takes unpaid leave they will accrue the appropriate credit without pay for the ADO. Example: A full-time Employee’s ordinary hours are worked as 19 shifts of 8 hours over four weeks. During a four week cycle an Employee works 18 shifts of eight hours and is on unpaid leave for one shift. The Employee will be entitled to an ADO of 7 hours and 36 minutes for the four week period that included the shift where the Employee was on unpaid leave, with:  7 hours and 12 minutes of the ADO being paid, accrued from the 18 shifts the Employee worked; and  24 minutes of the ADO being unpaid, accrued from the 1 shift the Employee was on unpaid leave. 48.3 ADOs and interaction with other periods (a) Unless otherwise agreed, ADOs are to be taken during the normal 4 week or other cycle agreed to under subclause 48.2(c) in which the ADO is accrued (including leave periods). (b) ADOs on public holidays See clause 58 (Public Holidays). PART F – HOURS OF WORK AND RELATED MATTERS 57 48.4 ADOs and termination of employment Upon termination of employment, if the full-time Employee has: (a) taken an ADO (in part or whole) in advance of accruing the necessary hours, the amount payable to the Employee will be reduced by the total ADOs or portion taken in advance; and (b) untaken ADOs (in part or whole) at the time of termination, the Employee will be paid the untaken ADOs. Examples: 1. A full-time Employee has accrued 6 hours towards an ADO at the time of termination. The Employer will, in addition to any other outstanding entitlements, make payment to the Employee for an amount equal to 6 hours pay. 2. A full-time Employee has taken a full ADO of 7.6 hours, but has only accrued 3 hours towards this ADO at the time of termination. The Employer will reduce the amount payable to the Employee upon termination by an amount equal to 4.6 hours pay. 49. Breaks 49.1 Meal Interval (a) A meal interval of at least 30 minutes but not more than 60 minutes will be allowed during each rostered period of duty (Monday to Friday inclusive) to Employees other than those working shift duty which will not be counted as time worked. (b) A meal interval of not more than 30 minutes per shift will be allowed whenever possible for Employees rostered for shift duty and will be counted as time worked whether or not the meal interval is taken. 49.2 Rest/Tea breaks An Employee will be entitled to a paid ten minute tea break for each 4 hours of duty or part thereof at a time suitable to the Employer which will be counted as time worked. Examples: 1. An Employee working a 6.5 hour shift is entitled to two ten minute tea breaks. 2. An Employee working a 4 hour shift will be entitled to one ten minute tea break. 50. Roster A roster setting out hours of duty, on-call requirements, meal times, commencing times, finishing times, weekend duty, night duty and other such duty as in accordance with this Agreement will be posted in such place or places as to allow an Employee covered by this Agreement to have ready access to the roster while at work, which may include ready electronic access. The roster will be posted at least three days prior to becoming effective. It will only be altered on account of sickness or other pressing emergency. PART F – HOURS OF WORK AND RELATED MATTERS 60 (b) Authorised overtime for casual Employees is to be paid at the rate of time and three-quarters (175%) for the first two hours and double time and a quarter (225%) thereafter, save that authorised overtime: (i) outside the spread of twelve hours from the commencement of the last period of ordinary duty will be paid at the rate of double time and a quarter (225%); (ii) on a Saturday or Sunday will be paid at the rate of double time and a quarter (225%); (iii) on a public holiday will be paid at the rate of double time and three quarter (275%); (iv) outside the spread of ten hours from the commencement of work by an Employee rostered to work broken shifts will be paid at the rate of time and three-quarters (175%); (v) outside the spread of twelve hours from the commencement of work by an Employee rostered to work broken shifts will be paid at the rate of double time and a quarter (225%). Only one penalty rate in this subclause 52.6(b) applies to a period of overtime a casual Employee performs, that being the highest penalty rate that is applicable to that overtime. 52.7 Minimum payment in certain circumstances Note: Minimum payment for recall is dealt with in clause 53. Where an Employee performs overtime, including rostered overtime, on a day that they do not otherwise perform work, such an Employee will be paid by the Employer a minimum of three hours’ pay at the applicable overtime rates. 52.8 Time in Lieu (a) An Employee may, with the consent of the Employer, elect to take time off in lieu of payment for overtime worked (including where recalled to duty) for a period equivalent to the overtime worked, plus a period equivalent to the overtime penalty incurred or a combination of time off and payment to the same value. Examples: 1. An Employee performs three hours of overtime outside the spread of twelve hours from the commencement of their last period of ordinary duty on a Monday. Under the Agreement these three hours would be paid at double time for a total payment of six ordinary hours. With the consent of the Employer, the Employee elects to take six hours of time off in lieu. 2. An Employee performs two hours of overtime in excess of their ordinary hours of work on a Wednesday. Under the Agreement these two hours would be paid at time and a half for a total payment of three ordinary hours. The Employee may, with the consent of the Employer, elect to take two hours of time off in lieu and receive payment for one hour. PART F – HOURS OF WORK AND RELATED MATTERS 61 (b) Time off in lieu of overtime will be taken at a time mutually agreed between the Employer and the Employee, provided that the accrual of such time off will not extend beyond a 28 day period, unless otherwise agreed. (c) Where the time off in lieu of overtime is not taken within 28 days, the overtime worked will be paid in the next pay period, unless agreement has been reached under subclause 52.8(b). (d) The Employer will record time off in lieu arrangements. (e) If, on the termination of the Employee’s employment, time off for overtime worked by the Employee to which subclause 52.8 applies has not been taken, the Employer must pay the Employee for the overtime at the overtime rate applicable to the overtime when worked 52.9 Transport In the event of any Employee finishing any period of overtime at a time when reasonable means of transport are not available for the Employee to return to their place of residence the Employer will provide adequate transport free of cost to the Employee. 52.10 Trainee Supervision Notwithstanding anything contained in clause 87 (Trainee Supervision), but subject to section 62 of the Act, any trainee may, due to medical emergency, be required to work reasonable overtime or shift duty at the discretion of the Employer. Such overtime or shift duty will be subject to the rates and/or allowances provided elsewhere in the Agreement. 53. Recall – Return to Workplace 53.1 The relevant rate for recall is at subclause 52.5 (Payment of Authorised Overtime) above. 53.2 An Employee who is recalled to duty, (whether on-call or not) where the work is not continuous with the Employee's next succeeding rostered period of ordinary duty will be paid: (a) from the time of receiving the recall until the time of returning to the place from which the Employee was recalled; and (b) a minimum of three hours’ pay at the applicable overtime rates for each recall. 54. Recall – No Return to Workplace 54.1 Non CATT areas (a) Where recall to duty can be managed without the Employee returning to the workplace (for example by telephone), clause 53 will not apply and such Employee will be paid a minimum of one hour of overtime for such recall work. (b) For subsequent recalls beyond the first hour, the Employee will be paid a minimum of one hour of overtime, but multiple recalls within a discrete hour will not attract additional overtime. PART F – HOURS OF WORK AND RELATED MATTERS 62 54.2 Telephone recall CATT only (a) Employees engaged in on-call/recall for the provision of a crisis response (CATT type function) will be paid an allowance which is set out at Appendix 3, for each on-call period of 12 hours or part thereof. (b) The allowance includes payment of work performed of up to one hour’s aggregate duration for each on-call period. (c) For work performed in excess of an aggregate of one hour during an on-call period, payment will be made at the normal overtime rate paid at the Employee’s substantive classification and increment level. (d) Telephone attendance is to be regarded as recall to duty. (e) Only one Employee per team each night will be rostered on-call and in receipt of the allowance. No other team member (other than a psychiatrist) will be required or requested to provide out of hours service for that particular night. (f) Employees are to receive an uninterrupted break of at least eight hours between the end of the recall and the next shift. If the eight hour break is not observed double time will be paid until such break is observed. (g) The maximum period of on-call for CATT is to be twelve hours, with existing arrangements below the 12 hours not to be disturbed. (h) The Parties acknowledge the unique nature of the on-call requirements for crisis response (CATT type functions) and that it is not comparable to any other health care arrangement or setting. 55. Rest Period After Overtime/Recall – Ten Hour Break 55.1 When overtime, including recall, is necessary the Employee will have at least ten consecutive hours off duty between all bodies of work, subject to subclauses 55.3 and 55.4 below. 55.2 Release from duty An Employee who works so much overtime or recall between the end of the Employee's previous ordinary hours and the start of the next period of ordinary hours, that the Employee would not have at least ten consecutive hours off duty between the end of the overtime or recall and the start of the next rostered period of ordinary hours will, subject to this clause 55, be released after completion of such overtime or recall worked until the Employee has had ten consecutive hours off duty without loss of pay for rostered ordinary hours occurring during such absence. 55.3 Work without release from duty (a) If, on the instructions of the Employer, an Employee resumes or continues work without ten successive hours off duty the Employee will be paid at the rate of double time until the Employee is released from duty for such rest period and the Employee will then be entitled to be absent until the Employee has had ten consecutive hours off duty without loss of pay for rostered hours occurring during such absence. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 65 PART G –PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 58. Public Holidays 58.1 For the purposes of this clause 58 Weekend Worker means any Employee who in any one year of employment works a portion of their ordinary hours on a weekend. 58.2 Entitlement (a) An Employee will be entitled to holidays on the following days: (i) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and (ii) the following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen's Birthday, Eight Hour Day or Labour Day; and (iii) Melbourne Cup Day or in lieu of Melbourne Cup Day, some other day as determined in a particular locality. 58.3 Holidays in lieu (a) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 27 December. (b) When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 28 December. (c) When New Year's Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on the next Monday. 58.4 Additional days Where public holidays are declared or prescribed on days other than those set out in subclause 58.2 and subclause 58.3 above in Victoria or a locality thereof, those days will, as applicable, constitute additional holidays for the purpose of this Agreement. 58.5 Substitution of public holidays by agreement (a) An Employer and Employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES or this Agreement. (b) An Employer and Employee may agree to substitute another part-day for a part- day that would otherwise be a part-day public holiday under the NES or this Agreement. (c) Where an agreement under subclause 58.5 (a) or (b) is reached, it will be recorded in writing and a copy given to the Employee. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 66 58.6 If an Employee works on any of such holidays or such holiday occurs on their rostered day off they will be paid at the ordinary time rate of pay for the time so worked, in addition to which they will be entitled to receive: (a) within four weeks following the date on which such holiday occurred; (i) one and a half extra day's pay; (ii) one and a half days off in lieu thereof of which at least seven days' notice will be given; (iii) one and a half days will be added to their annual leave; (b) in the case of an Employee not qualifying for annual leave and where none of the provisions of subclause 58.6(a) above have been applied the one and a half days' pay will be added to the payment in lieu of annual leave; and (c) one and a half times the ordinary time rate of pay for any work done in excess of eight hours. 58.7 In respect of Easter Saturday, an Employee who ordinarily works Monday to Friday only and who does not work on Easter Saturday, will be entitled to one day's pay in respect of Easter Saturday or where there is mutual consent, within four weeks following the date on which such holiday occurred the Employee may take one day off in lieu or have one day added to their annual leave. 58.8 Notwithstanding the earlier provisions of this clause 58 a Weekend Worker who works on any of the holidays set out in subclause 58.2, will be entitled (in lieu of any entitlement under subclause 58.3) to one and a half extra days' pay on the first pay day following the end of the pay period during which the holiday falls. 58.9 If, at the end of the yearly period in respect of which their annual leave accrues such Weekend Worker does not become entitled to additional leave under subclause 59.2(a)(i) they will, at the option of the Employer, be entitled to one and a half extra days' pay or one and a half extra days' annual leave for each such holiday on which they were rostered off. 58.10 Where an Employee's accrued day off falls on any such public holiday, a substitute day will be determined by the Employer to be taken in lieu thereof, such day to be within the same four week cycle where practical. 58.11 Notwithstanding the provisions of subclause 58.3, with the exception of Easter Saturday, an Employee who is ordinarily not required to work on a Sunday or Saturday will not be entitled to any benefit for any public holidays which may fall on or are observed on a Saturday or a Sunday unless they are required to work on any such public holiday. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 67 59. Annual Leave 59.1 Period of leave (a) An Employee will be entitled to 152 hours leave on ordinary pay per year of continuous service with the Employer. (b) Annual leave accrues progressively during a year of continuous service according to the Employee’s ordinary hours of work, and accumulates from year to year. (c) A part-time Employee accrues annual leave on a pro rata basis. 59.2 Additional leave (a) Weekend worker (i) An Employee who is a Weekend Worker (as defined in subclause 58.1) who works for more than four ordinary hours on 10 or more weekends per year of continuous service is entitled to an additional 38 hours’ annual leave (pro rata for part-time Employees) on the same terms and conditions. (ii) The provisions of this subclause 59.2(a) have the same effect and give an Employee an entitlement to annual leave that is the same as the Employee’s entitlement under the National Employment Standards relating to shiftworkers under section 87(1)(b)(ii) of the Act. (iii) An Employee’s entitlement to annual leave under this subclause 59.2(a) operates in parallel with the Employee’s NES entitlement, but not so as to give the Employee a double benefit. (iv) A Weekend Worker whose employment is terminated at the end of a period of employment which is less than one year from the date of commencement of the employment, or the date upon which the Employee last became entitled to annual leave, will be paid an amount equal to 1/48th of their ordinary pay in respect of that period of employment. (v) The entitlement in subclause 59.2(a) is additional to the On-Call and Rostered Overtime entitlement provided by subclause 59.2(b), but both entitlements cannot be claimed for the same bodies of work. (b) On Call and Rostered Overtime (i) An Employee who is rostered on-call or who performs rostered overtime for more than four (4) hours on 10 or more weekends per annum will be entitled to an additional 38 hours annual leave (pro rata for part-time Employees). This entitlement is in addition to the Weekend Worker entitlement provided by subclause 59.2(a), but both entitlements cannot be claimed for the same bodies of work. (ii) Leave loading does not apply to leave accrued under subclause 59.2(b) above. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 70 (ii) An Employee taking personal leave whilst on annual leave will provide the Employer with evidence in accordance with clause 62 (Personal/Carers Leave). (iii) An Employee taking compassionate leave whilst on annual leave will provide the Employer with evidence in accordance with clause 67 (Compassionate Leave). (iv) Where an Employee takes other leave during annual leave, any annual leave loading received for a period that is no longer annual leave is taken to have been paid in advance as required in subclause 59.6 (Payment for Leave). Where the Employee’s employment with the Employer ends prior to the Employee taking the annual leave for the period for which the Employee has been paid an amount as annual leave loading in advance, that amount is not payable under subclause 59.5 (Payment on termination). 60. Cashing Out of Annual Leave 60.1 An Employee may, with the consent of the Employer, choose to cash out paid annual leave in accordance with this clause 60. 60.2 Written request and written agreement An Employee wishing to cash out annual leave must make a written request to the Employer. Where the Employer agrees to that request, the Employee and the Employer will record the agreement in writing. 60.3 Terms of agreement must comply with terms (a) A written agreement must comply with the following terms: (i) paid annual leave must not be cashed out if the cashing out would result in the Employee having less than four weeks of accrued annual leave; (ii) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the Employer and the Employee; (iii) the Employee must be paid at least the full amount that would have been payable to the Employee had the Employee taken the leave that the Employee has forgone, including annual leave loading and superannuation to the Employee’s nominated fund; and (iv) an Employee cannot cash out more than four weeks paid annual leave in any 12-month period. (b) An Employee's accrued annual leave entitlement will be reduced by the amount of annual leave paid out. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 71 60.4 Part-time Employees – cashing out of annual leave where contracted EFT fraction has reduced A part-time Employee who has reduced their EFT fraction, may request to cash out accrued annual leave in conjunction with taking a period of annual leave so that the total payment for the period is equivalent to the previous EFT fraction. The request and any agreement must comply with the requirements of subclause 60.3 above save that: (a) paid annual leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to paid annual leave being less than four weeks calculated using the new EFT fraction; and (b) the limit on cashing out no more than four weeks annual leave will not apply. Example: A part-time Employee recently reduced their contracted EFT from 32 hours per week to 16 hours per week. The Employee wishes to take two weeks annual leave. The Employee's payment for annual leave taken would be 32 hours' pay (16 hours per week multiplied by 2), plus annual leave loading. The Employee has 160 hours of accrued annual leave (ie 5 weeks leave at their previous EFT, or 10 weeks' leave at their new EFT), before taking or cashing out any annual leave. Subject to the Employee complying with this clause 60, the Employee may elect to cash out an additional 32 hours annual leave (plus annual leave loading), at the same time as taking annual leave, so that the total paid to the Employee during the period of leave is:  32 hours' pay (16 hours per week multiplied by 2), plus annual leave loading, for annual leave taken; plus  32 hours' pay, plus annual leave loading, for annual leave cashed out. At the end of the annual leave period, the Employee retains 6 weeks' annual leave, at the Employee's part time hours. That is, the Employee will have: 160 hours accrued prior to the leave period, minus 32 hours taken, minus 32 hours cashed out = 96 hours (16 hours multiplied by 6 weeks) accrued annual leave at the end of the leave period. 61. Purchased Leave This clause 61 does not apply to casual Employees. 61.1 An Employee may apply to purchase up to 20 working days (pro-rated for part- time Employees) additional paid leave in a twelve-month period at ordinary pay. The Employer will not unreasonably withhold approval of an application to purchase leave by an Employee. The additional paid leave is purchased through salary deductions made over the whole year. The amount deducted will correspond with the amount of leave purchased. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 72 Examples: 1. An Employee who purchases an additional four (4) weeks leave will be paid 48/52 or 92.31% of their ordinary pay throughout the relevant 12 month period. 2. An Employee who purchases an additional two (2) weeks leave will be paid 50/52 or 96.15% of their ordinary pay throughout the relevant 12 month period. 61.2 Purchased Leave may be taken in conjunction with other types of leave. 61.3 Purchased Leave must be used in the twelve-month period in which it is purchased. 61.4 Once approval has been granted, the Employee may only vary or cancel the arrangement in extraordinary circumstances. 61.5 Where the: (a) arrangement has been varied or cancelled because of extraordinary circumstances; (b) Employee’s employment terminates; or (c) purchased leave has not been taken in the relevant 12 month period; the Employer will refund the amount of salary deducted in respect of any unused purchased leave as a lump sum. In the case of variation or cancellation, payment will be made no later than two pay periods following notification of the variation or cancellation. 61.6 Where the Employee’s employment terminates and the amount of purchased leave taken exceeds the amount deducted, the Employer may deduct a sum equal to the negative balance from any remuneration payable to the Employee upon termination of employment. 61.7 Purchased leave: (a) counts as service for all purposes; and (b) is not annual leave. 62. Personal/Carer’s Leave This clause 62 does not apply to casual Employees. The entitlements of casual Employees are set out in clause 63 (Casual Employment – Caring Responsibilities). 62.1 Amount of Paid Personal Leave (a) An Employee is entitled to the following amount of paid personal leave: (i) 91 hours and 12 minutes (12 days) in the first year of service; (ii) 106 hours and 24 minutes (14 days) in each year in the second, third and fourth years of service; and (iii) 159 hours 36 minutes (21 days) in each year in the fifth and following years of service. A ‘day’ equals 7 hours and 36 minutes in this clause 62. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 75 62.5 Carer’s leave (a) Evidence requirements The Employee must, if required by the Employer, establish by production of a Commonwealth or Victorian statutory declaration, a medical certificate from a Registered Health Practitioner or other evidence that would satisfy a reasonable person that a member of the Employee’s immediate family or household has either: (i) an illness or injury; or (ii) an unexpected emergency; that requires their care or support. In the case of an unexpected emergency, the Employee will identify the nature of the emergency. An ‘unexpected emergency’ includes providing care or support to a member experiencing family violence as described at subclause 66.5(b). (b) Notice requirements (i) The Employee must, where practicable, give the Employer notice of the intention to take leave prior to the absence that includes: A. the relationship to the Employee of the person requiring care or support; B. the reasons for taking such leave; and C. the estimated length of absence. (ii) If it is not reasonably practicable for the Employee to give prior notice of absence, the Employee must notify the Employer of the absence as soon as practicable. (c) Unpaid leave where accruals exhausted An Employee who has exhausted paid personal leave entitlements is entitled to take unpaid carer’s leave. The Employer and the Employee will agree on the period. In the absence of agreement, the Employee is entitled to take up to two days per occasion, provided the evidence requirements are met. (d) Failure to provide notice of absence Personal leave will not be withheld by an Employer until all reasonable steps have been taken to investigate the Employee’s lack of advice as required by subclause 62.5(b) regarding the absence from duty. Such an investigation must provide the Employee with an opportunity to give reasons as to why notification was not given. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 76 62.6 Personal leave on a public holiday See also clause 58 (Public Holidays) If the period during which an Employee takes paid personal leave includes a day or part-day that is a public holiday in the place where the Employee is based for work purposes, the Employee is taken not to be on paid personal leave on that public holiday. 62.7 Portability of Personal Leave (a) For the purposes of this subclause 62.7 allowable absence means 13 weeks in addition to the total period of paid annual, long service and/or personal leave which the Employee actually receives on termination or for which they are paid in lieu. (b) Where an Employee is or has been in the service of: (i) any hospital, benevolent home, community health centre, Society or Association registered under the Health Services Act 1988 (Vic) (or the former Hospitals and Charities Act 1958 (Vic)) or any successor legislation; or (ii) the Cancer Institute (constituted under the Cancer Act 1958 (Vic)); and commences employment with an (or another) Employer, the Employer will credit the Employee’s accumulated personal leave from the previous employer to the Employee in their new employment provided that the Employee complies with the requirements of subclause 62.7(c). (c) The Employee will, within two weeks of commencing with the new Employer, provide the new Employer with: (i) A written statement from the previous employer specifying the personal leave credits at termination, such as a certificate of service; (ii) A statutory declaration specifying what personal leave credits the Employee had at termination from their previous period of employment; or (iii) Produce a written statement acceptable to the Employer as to what personal leave credits the Employee had at termination from their previous period of employment. 62.8 Infectious disease (a) An Employee who contracts an infectious disease in the course of their employment with the Employer and who is entitled to receive workers compensation will have any difference between workers compensation and the Employee’s ordinary salary made up by the Employer for up to three months. (b) An Employee who contracts an infectious disease in the course of their employment with the Employer, who is not is not entitled to receive workers compensation and is certified by a Medical Practitioner approved by the Employer as having an infectious disease, will be paid their full pay during the necessary period off duty for up to three months. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 77 (c) Pay granted under this subclause 62.8 will not be deducted from the Employee’s personal leave accrual. 63. Casual Employment – Caring Responsibilities 63.1 Subject to the evidence and notice requirements that apply to carer’s leave under clause 62, a casual Employee is entitled to be unavailable to attend work, or to leave work, if they need to provide care or support to a member of the Employee’s immediate family or household because of: (a) a personal illness, or personal injury, affecting them; (b) an unexpected emergency affecting them; or (c) the birth of a child. 63.2 The Employer and the Employee will agree on the period for which the Employee will be entitled to be unavailable to attend work. In the absence of agreement, the Employee is entitled to be unavailable to attend work for up to two days per occasion, which may be taken as a single continuous period of up to two days or any separate periods to which the Employer and Employee agree. 63.3 A casual Employee is not entitled to any payment for the period of non- attendance. 63.4 An Employer must not fail to re-engage a casual Employee because the Employee accessed the entitlements provided for in this clause 63. The rights of the Employer to engage or not to engage a casual Employee are otherwise not affected. 64. Fitness for Work 64.1 The Employer is responsible for providing a workplace that is safe and without risk to health for Employees, so far as is reasonably practicable. This responsibility includes compliance with Occupational Health and Safety legislation. 64.2 Each Employee is responsible for ensuring that they are fit to perform their duties without risk to the safety, health and well-being of themselves and others within the workplace, so far as is reasonably practicable. This responsibility includes compliance with lawful and reasonable measures put in place by the Employer related to Occupational Health and Safety requirements. 64.3 In the event the Employee’s manager forms a Reasonable Belief as defined at subclause 64.4 below that an Employee is unfit to perform their duties, the manager will discuss their concerns with the Employee in a timely manner to promote physical, mental and emotional health so that Employees can safely undertake and sustain work. 64.4 In this clause 64 Reasonable Belief means a belief a reasonable person would hold based on sufficient evidence that supports a conclusion on the balance of probabilities. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 80 would benefit or be disadvantaged and the impact of efficiency and productivity; (vii) the consequences for the Employer in making the adjustment; and (viii) the consequences for the Employee in not making the adjustment. 66. Family Violence Leave NOTE: Family member is defined in section 8 of the Family Violence Protection Act 2008 (Vic) and is broader than the definition of immediate family in clause 4 (Definitions) 66.1 General Principle (a) Each Employer recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. Therefore, each Employer is committed to providing support to staff that experience family violence. (b) Leave for family violence purposes is available to Employees who are experiencing family violence to allow them to be absent from the workplace to attend counselling appointments, medical appointments, legal proceedings or appointments with a legal practitioner and other activities related to, and as a consequence of, family violence. 66.2 Definition of Family Violence For the purposes of this clause 66, family violence is as defined by the Family Violence Protection Act 2008 (Vic) which defines family violence at section 5, in part, as follows: (a) behaviour by a person towards a family member of that person if that behaviour: (i) is physically or sexually abusive; or (ii) is emotionally or psychologically abusive; or (iii) is economically abusive; or (iv) is threatening; or (v) is coercive; or (vi) in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or (b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in subclause 66.2(a) above. 66.3 Eligibility (a) Paid leave for family violence purposes is available to all Employees with the exception of casual Employees. (b) Casual Employees are entitled to access leave without pay for family violence purposes. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 81 66.4 General Measures (a) Evidence of family violence may be required and can be in the form an agreed document issued by the Police Service, a Court, a Registered Health Practitioner, a Family Violence Support Service, district nurse, maternal and child health care nurse or Lawyer. A signed statutory declaration can also be offered as evidence. (b) All personal information concerning family violence will be kept confidential in line with the Employer’s policies and relevant legislation. No information will be kept on an Employee’s personnel file without their express written permission. (c) No adverse action will be taken against an Employee if their attendance or performance at work suffers as a result of experiencing family violence. (d) The Employer will identify contact/s within the workplace who will be trained in family violence and associated privacy issues. The Employer will advertise the name of any Family Violence contacts within the workplace. (e) An Employee experiencing family violence may raise the issue with their immediate supervisor, Family Violence contacts, Union delegate or nominated Human Resources contact. The immediate supervisor may seek advice from Human Resources if the Employee chooses not to see the Human Resources or Family Violence contact. (f) Where requested by an Employee, the Human Resources contact will liaise with the Employee’s manager on the Employee’s behalf, and will make a recommendation on the most appropriate form of support to provide in accordance with subclauses 66.5 and 66.6. (g) The Employer will develop guidelines to supplement this clause 66 and which details the appropriate action to be taken in the event that an Employee reports family violence. 66.5 Leave (a) An Employee experiencing family violence will have access to 20 days per year of paid special leave (pro rata for part-time Employees) for counselling appointments, medical appointments, legal proceedings or appointments with a legal practitioner and other activities related to, and as a consequence of, family violence (this leave is not cumulative but if the leave is exhausted consideration will be given to providing additional leave). This leave will be in addition to existing leave entitlements and may be taken as consecutive or single days or as a fraction of a day and can be taken without prior approval. (b) An Employee who supports a person experiencing family violence may utilise their personal/carer’s leave entitlement to accompany them to court, to hospital, or to care for children. The Employer may require evidence consistent with subclause 66.4(a) from an Employee seeking to utilise their personal/carer’s leave entitlement. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 82 66.6 Individual Support (a) In order to provide support to an Employee experiencing family violence and to provide a safe work environment to all Employees, the Employer will approve any reasonable request from an Employee experiencing family violence for: (i) temporary or ongoing changes to their span of hours or pattern or hours and/or shift patterns; (ii) temporary or ongoing job redesign or changes to duties; (iii) temporary or ongoing relocation to suitable employment; (iv) a change to their telephone number or email address to avoid harassing contact; (v) any other appropriate measure including those available under existing provisions for family friendly and flexible work arrangements. (b) Any changes to an Employee’s role should be reviewed at agreed periods. When an Employee is no longer experiencing family violence, the terms and conditions of employment may revert back to the terms and conditions applicable to the Employee’s substantive position. (c) An Employee experiencing family violence will be offered access to the Employee Assistance Program (EAP) and/or other available local Employee support resources. The EAP will include professionals trained specifically in family violence. (d) An Employee that discloses that they are experiencing family violence will be given information regarding current support services. 67. Compassionate Leave 67.1 When compassionate leave is available Compassionate leave is available under this clause 67 to an Employee if a member of the Employee’s immediate family or household: (a) contracts or develops a personal illness or sustains a personal injury that poses a serious threat to their life; or (b) dies (a “permissible occasion”). 67.2 If the permissible occasion is the contraction or development of a personal illness, or the sustaining of a personal injury, the Employee may take the compassionate leave for that occasion at any time while the illness or injury persists. 67.3 Employees other than casual Employees The provisions of subclauses 67.4 to 67.6 apply to all Employees other than casual Employees. The entitlements of casual Employees are set out in subclause 67.7. 67.4 Subject to the evidence requirements described at subclause 67.8, an Employee is entitled to up to four ordinary days’ paid leave, on each permissible occasion. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 85 is to be placed with the Eligible Employee for the purposes of adoption, other than a child or step-child of the Eligible Employee or of the Spouse of the Eligible Employee or a child who has previously lived continuously with the Eligible Employee for a period of six months or more (Adopted Child). (b) Continuous Service includes continuous service with one and the same Employer or continuous service with more than one employer including Institutions or Statutory Bodies (as defined at subclause 72.1), and includes any period of employment that would count as service under the Act. (c) Eligible Casual Employee means an Employee employed by the Employer in casual employment on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months and who has, but for the birth or expected birth of a Child or the decision to adopt a Child, a reasonable expectation of continuing engagement by the Employer on a regular and systematic basis. (d) Eligible Employee for the purposes of this clause 70 means an Employee who has at least 12 months’ Continuous Service or an Eligible Casual Employee as defined above. (e) Employee Couple has the same meaning as under the Act. (f) Long Parental Leave means the 52 weeks’ parental leave an Eligible Employee may take under subclause 70.3. (g) Short Parental Leave means the up to eight weeks’ concurrent parental leave an Eligible Employee may take under subclause 70.4. (h) Spouse includes a person to whom the Eligible Employee is married, a de facto partner, former spouse or former de facto spouse of the Employee. A de facto Spouse means a person who lives with the Employee as husband, wife or same- sex partner on a bona fide domestic basis. 70.3 Long Parental Leave – Unpaid (a) An Eligible Employee is entitled to 12 months’ unpaid Long Parental Leave if: (i) the leave is associated with: A. the birth of a Child of the Eligible Employee or the Eligible Employee’s Spouse; or B. the placement of a Child with the Eligible Employee for adoption; and (ii) the Eligible Employee has or will have a responsibility for the care of the Child (b) The Eligible Employee must take the leave in a single continuous period. (c) Where an Eligible Employee is a member of an Employee Couple, except as provided at subclause 70.4 (Short Parental Leave – Unpaid), parental leave must be taken by only one parent of an Employee Couple at a time in a single continuous period. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 86 (d) Each member of an Employee Couple may take a separate period of up to 12 months of Long Parental Leave less any period of Short Parental Leave taken by the Eligible Employee. (e) An Eligible Employee may be able to extend a period of unpaid parental leave in accordance with subclause 70.11. 70.4 Short Parental Leave – Unpaid (a) This subclause 70.4 applies to an Eligible Employee who is a member of an Employee Couple. (b) An Eligible Employee who is not at that point taking Long Parental Leave, may take up to eight weeks’ leave concurrently with any parental leave taken by the other member of the Employee Couple . Short Parental Leave may be taken in separate periods but, unless the Employer agrees, each period must not be shorter than two weeks. (c) The period of Short Parental Leave will be deducted from the period of Long Parental Leave to which the Eligible Employee is entitled under subclause 70.3 (if applicable). 70.5 Paid Parental Leave See also subclause 30.5 (Calculation of superannuation contributions). (a) Upon an Eligible Employee commencing: (i) Long Parental Leave, that Employee will be entitled to 10 weeks’ paid parental leave or 20 week’s paid parental leave on half pay; and (ii) Short Parental Leave, that Employee will be entitled to one week’s paid parental leave; save that an Eligible Employee who has taken Short Parental Leave does not also receive the Long Parental Leave entitlement at subclause 70.5(a)(i), even if the Eligible Employee later takes Long Parental Leave. (b) Paid parental leave is in addition to any relevant Commonwealth Government paid parental leave scheme (subject to the requirements of any applicable legislation). (c) The Employer and Eligible Employee may reach agreement on alternative arrangements as to how the paid parental leave under this Agreement is paid. For example, such leave may be paid in smaller amounts over a longer period, consecutively or concurrently with any relevant Commonwealth Government parental leave scheme (subject to the requirements of any applicable legislation) and may include a voluntary contribution to superannuation. (d) Such agreement must be in writing and signed by the parties. The Eligible Employee must nominate a preferred payment arrangement at least four weeks prior to the expected date of birth or date of placement of the Child. (e) In the absence of agreement, such leave will be paid during the ordinary pay periods corresponding with the period of the leave. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 87 (f) The paid parental leave prescribed by this subclause 70.5 will be concurrent with any relevant unpaid entitlement prescribed by the NES/this Agreement. 70.6 Notice and evidence requirements (a) An Eligible Employee must give to the Employer: (i) at least 10 weeks written notice, or if that is not practicable as soon as practicable, of the intention to take parental leave, including the proposed start and end dates; or (ii) if the parental leave is to be taken in separate periods of concurrent leave under subclause 70.4(b) and the leave is not the first of those leave periods of concurrent leave, then only notice of at least 4 weeks before starting the period of concurrent leave is required, or if that is not practicable give written notice as soon as practicable, save that if the Eligible Employee gave written notice of the separate periods of concurrent leave in the notice provided under subclause 70.6(a)(i), there is no requirement for the Eligible Employee to give notice in accordance with this subclause 70.6(a)(ii). (b) At least four weeks before the intended commencement of parental leave, or if that is not practicable as soon as practicable, the Eligible Employee must confirm in writing the intended start and end dates of the parental leave, or advise the Employer of any changes to the notice provided in subclause 70.6(a), unless it is not practicable to do so. This does not apply to a notice for a period of concurrent leave period referred to in subclause 70.6 that already requires 4 weeks’ notice. (c) Where requested by the Employer, the Eligible Employee will also provide particulars of any period of partner (or like authorised) leave sought.. (d) The Employer may require the Eligible Employee to provide evidence which would satisfy a reasonable person of: (i) in the case of birth-related leave, the date of birth of the Child (including without limitation, a medical certificate or certificate from a registered midwife, stating the date of birth or expected date of birth); or (ii) in the case of adoption-related leave, the commencement of the placement (or expected day of placement) of the Child and that the Child will be under 16 years of age as at the day of placement or expected day of placement. (e) An Employee will not be in breach of this subclause 70.6 if failure to give the stipulated notice is occasioned by the birth of the Child or placement occurring earlier than the expected date or in other unexpected circumstances. In these circumstances the notice and evidence requirements of this subclause 70.6 should be provided as soon as reasonably practicable. 70.7 Parental leave associated with the birth of a Child – additional provisions (a) Subject to the limits on duration of parental leave set out in this Agreement and unless agreed otherwise between the Employer and Eligible Employee, an PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 90 70.11 Variation of period of unpaid parental leave (up to 12 months) (a) Where an Eligible Employee has: (i) given notice of the taking of a period of Long Parental Leave under subclause 70.3; and (ii) the length of this period of Long Parental Leave as notified to the Employer is less than the Eligible Employee’s available entitlement to Long Parental Leave; and (iii) the Eligible Employee has commenced the period of Long Parental Leave; the Eligible Employee may change the period of parental leave on one occasion. Any change is to be notified (including the new end date for the leave) as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this subclause 70.11 detracts from the basic entitlement in subclause 70.3 or subclause 70.11. (b) If the Employer and Eligible Employee agree, the Eligible Employee may further change the period of parental leave. 70.12 Right to request an extension of period of unpaid parental leave beyond 12 months (a) An Eligible Employee entitled to Long Parental Leave pursuant to the provisions of subclause 70.3 may request the Employer to allow the Eligible Employee to extend the period of Long Parental Leave by a further continuous period of up to 12 months immediately following the end of the available parental leave. (b) Request to be in writing The request must be in writing and must be given to the Employer at least four weeks before the end of the available parental leave period. (c) Response to be in writing The Employer must give the Eligible Employee a written response to the request stating whether the Employer grants or refuses the request. The response must be given as soon as practicable, and not later than 21 days, after the request is made. (d) Refusal only on reasonable business grounds The Employer may only refuse the request on reasonable business grounds. (e) Reasons for refusal to be specified If the Employer refuses the request, the written response must include details of the reasons for the refusal. (f) Reasonable opportunity to discuss The Employer must not refuse the request unless the Employer has given the Eligible Employee a reasonable opportunity to discuss the request. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 91 (g) Employee Couples Where a member of an Employee Couple is requesting an extension to a period of Long Parental Leave in relation to a Child: (i) the request must specify any amount of Long Parental Leave that the other member of the Employee Couple has taken, or will have taken in relation to the Child before the extension starts; (ii) the period of extension cannot exceed 12 months, less any period of Long Parental Leave that the other member of the Employee Couple has taken, or will have taken, in relation to the Child before the extension starts; (iii) the amount of Long Parental Leave to which the other member of the Employee Couple is entitled under subclause 70.3 in relation to the Child is reduced by the period of the extension. (h) No extension beyond 24 months An Eligible Employee is not entitled to extend the period of Long Parental Leave beyond 24 months after the date of birth or day of placement of the Child. 70.13 Parental leave and other entitlements An Eligible Employee may use any accrued annual leave or long service leave entitlements concurrently with Parental Leave, save that taking that leave does not have the effect of extending the period of Parental Leave. If the employee does so, the taking of that other paid leave does not break the continuity of the period of unpaid parental leave. 70.14 Transfer to a safe job (a) Where an Employee is pregnant and provides evidence that would satisfy a reasonable person that they are fit for work but it is inadvisable for the Employee to continue in their present position for a stated period (the risk period) because of: (i) illness or risks arising out of the pregnancy; or (ii) hazards connected with the position; the Employee must be transferred to an appropriate safe job if one is available for the risk period, with no other change to the Employee’s terms and conditions of employment. (b) Paid no safe job leave If: (i) subclause 70.14(a) applies to a pregnant Eligible Employee but there is no appropriate safe job available; (ii) the Eligible Employee is entitled to Long Parental Leave; and (iii) the Eligible Employee has complied with the notice of intended start and end dates of leave and evidence requirements under subclause 70.6 for taking Long Parental Leave; PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 92 then the Eligible Employee is entitled to paid no safe job leave for the risk period. (c) If the Eligible Employee takes paid no safe job leave for the risk period, the Employer must pay the Eligible Employee at the Eligible Employee’s ordinary hours rate of pay for the Eligible Employee's ordinary hours of work in the risk period. (d) This entitlement to paid no safe job leave is in addition to any other leave entitlement the Eligible Employee may have. (e) If an Eligible Employee, during the six week period before the expected date of birth, is on paid no safe job leave, the Employer may request that the Eligible Employee provide a medical certificate within seven (7) days stating whether the Eligible Employee is fit for work. (i) If the Eligible Employee has either: A. not complied with the request from the Employer; or B. provided a medical certificate stating that they are not fit for work; then the Eligible Employee is not entitled to no safe job leave and the Employer may require the Eligible Employee to take parental leave as soon as practicable. (f) Unpaid no safe job leave If: (i) subclause 70.14(a) applies to a pregnant Employee but there is no appropriate safe job available; (ii) the Employee will not be entitled to Long Parental Leave as at the expected date of birth; and (iii) the Employee has given the Employer evidence that would satisfy a reasonable person of the pregnancy if required by the Employer (which may include a requirement to provide a medical certificate); the Employee is entitled to unpaid no safe job leave for the risk period. 70.15 Returning to work after a period of parental leave (a) An Eligible Employee will endeavour to notify the Employer of their intention to return to work after a period of Long Parental Leave at least four weeks prior to the end of the leave, or where that is not practicable, as soon as practicable. (b) An Eligible Employee will be entitled to return: (i) unless subclause 70.15(b)(ii) or subclause 70.15(b)(iii) applies, to the position which they held immediately before proceeding on parental leave; (ii) if the Eligible Employee was promoted or voluntarily transferred to a new position (other than to a safe job pursuant to subclause 70.14), to the new position; PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 95 (d) For the purposes of subclause 70.18(b)(iv) the following will be treated as two separate periods of unpaid parental leave: (i) a period of Long Parental Leave taken during the Eligible Employee’s available parental leave period under subclause 70.3; and (ii) an extension of the period of Long Parental Leave under subclause 70.11. 71. Breastfeeding 71.1 Paid break The Employer will provide reasonable paid break time for an Employee to express breast milk for her nursing child each time such Employee has need to express the milk, or breastfeed the child within the workplace, for one year after the child’s birth. 71.2 Place to express or feed The Employer will also provide a comfortable place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an Employee to express breast milk or breastfeed a child in privacy. 71.3 Storage Appropriate refrigeration will be available in proximity to the area referred to in subclause 71.2 for breast milk storage. Responsibility for labelling, storage and use lies with the Employee. 72. Long Service Leave 72.1 Definitions For the purpose of this clause 72 the following definitions apply: (a) Allowable period of absence means 5 weeks in addition to the total period of paid annual and/or personal leave which the Employee actually receives on termination or for which the Employee is paid in lieu. (b) Pay means remuneration for an Employee’s normal weekly hours of work calculated at the Employee’s ordinary time rate of pay provided in Appendix 2, at the time the leave is taken or (if the Employee dies before the completion of leave so taken) as at the time of the Employee’s death, and will include the amount of any increase to the Employee’s ordinary time rate of pay which occurred during the period of leave from the date such increase operates. Where a part-time Employee’s hours fluctuate because the Employee works additional ordinary shifts (but excluding a permanent variation), the ‘normal weekly hours of work’ will be calculated by taking an average over the preceding 12 months where this is more favourable to the Employee. (c) Month means a calendar month. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 96 (d) Institution means any health service, hospital or benevolent home, community health centre, society or association: (i) named in Appendix 1 of this Agreement; (ii) created by or registered under the Hospital and Charities Act 1958 (Vic) or the Health Services Act 1988 (Vic); and (iii) the Cancer Institute constituted under the Cancer Act 1958. (e) Statutory Body means the Hospital and Charities Commission (Vic), the Health Commission of Victoria and/or the Victorian Nursing Council and successors. (f) Transfer of business occurs in the circumstances described at section 311 of the Act. 72.2 Entitlement An Employee, other than a casual Employee, will be entitled to long service leave with pay, in respect of continuous service with the Employer or continuous service with Institutions or Statutory Bodies as follows: (a) 6 months of long service leave on completing 15 years’ continuous service; and (b) 2 months of long service leave on completing each period of 5 years of continuous service after the first 15 years of continuous service. 72.3 Taking of leave (a) When Leave is to be taken Long service leave will be granted by the Employer within six months from the date of the entitlement under subclause 72.2, save that: (i) long service leave may be postponed to a mutually agreeable date; or (ii) if agreement cannot be reached, the date will be determined by a member of the Commission provided that such a determination will not require leave to commence before six months from the date of such determination. (b) How leave is to be taken Long service leave will be taken: (i) in one or more periods, with each period being not less than a week; or (ii) where it is taken as part of a transition to retirement arrangement, in any other way agreed upon by the Employer and Employee. (c) Flexible taking of leave: double leave at half pay (i) An Employee may make an application to the Employer to take double the period of long service leave at half pay (ii) Employees should seek independent advice regarding the taxation and superannuation implications of seeking payment under this subclause 72.3(c). The Employer will not be held responsible in any way for the cost or outcome of any such advice. PART G – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS 97 (iii) The Employer, if requested by the Employee, will provide information as to the amount of tax the Employer intends to deduct where payment of long service leave is sought under subclause 72.3(c)(i). (iv) Wherever it is practical to do so, the Employer will grant a request by an Employee. If granting the request under this subclause 72.3(c) would result in an additional cost to the Employer, then it is not practical to grant an Employee’s request. (v) Flexible taking of long service leave does not affect an Employee’s continuous service recognised. Example: 1. In the case of an Employee taking 12 months paid long service leave at half pay, 6 months will count towards the Employee’s continuous service. 2. In the case of an Employee taking 3 months paid long service leave at double pay, 6 months paid leave will count towards the Employee’s continuous service. (d) Long Service Leave in advance/accessing Long Service Leave after 10 years of continuous service In the case of an Employee who has completed at least ten years’ service but less than fifteen years’ service, the Employee may take pro rata long service leave. The time such leave is taken will be by agreement between the Employee and the Employer having regard for the Employer’s operational requirements, save that such agreement will not be unreasonably withheld by the Employer. In the event of any dispute over the timing of such leave, the dispute resolution procedure at clause 14 will apply. (e) Long Service Leave is inclusive of Public Holidays and Accrued days off See also clauses 58 (Public Holidays) and 48 (Accrued Days Off) Long service leave is inclusive of any public holiday or ADO. 72.4 Payment for period of leave (a) Payment will be made in one of the following ways: (i) in full in advance when the Employee commences the leave; (ii) at the same time as payment would have been made if the Employee had remained on duty; or (iii) in any other way agreed between the Employer and the Employee. (b) Where an Employee has been paid in advance, and an increase occurs in the ordinary time rate of pay during the period of long service leave taken, the Employee will be entitled to receive payment of the amount of any increase in pay at the completion of such leave.