EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY
OPERATIONAL EMPLOYEES ENTERPRISE AGREEMENT 2019
Emergency Services Telecommunications Authority
Operational Employees Enterprise Agreement 2019
This Agreement shall be known as the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019.
2.1 This Agreement shall apply to the operations of the Emergency Services Telecommunications Authority in the State of Victoria with respect to Employees defined in clause 6 of this Agreement.
2.2 No Employee shall be worse off as a result of the application of this Agreement.
3.1 This Agreement shall cover:
3.1.1 The Emergency Services Telecommunications Authority ("ESTA"); and
3.1.2 All Employees of ESTA as defined in clause 6.
3.2 In accordance with section 183 of the FW Act, the Agreement will also cover a union (as defined) that was a bargaining representative for the purpose of the proposed agreement, provided that FWC in its decision to approve this agreement notes that the Agreement covers that union.
4.1 ESTA provides Computer Aided Dispatch communications for a range of Victorian Emergency Services Organisations. Because of the emergency nature of the operations, a high quality, uninterrupted service is essential. ESTA is committed to the provision of a first class service, designed to exceed the expectations of its Customers and the public and attain world best practice.
4.2 This can only be met in an environment conducive to employee job satisfaction, continuous productivity improvement and resourcing flexibility, through a workforce that is highly motivated and trained to an optimum level of competence.
4.3 This Agreement is intended to facilitate those aims.
5 Date and Period of Operation
5.1 This Agreement shall come into operation 7 days after it is approved by the FWC and will
have a nominal expiry date of 30 June 2023.
5.2 The parties to this Agreement commit to commence negotiations for an ensuing agreement at
least six months prior to the expiration date of this Agreement.
5.3 The Unions will have three Employee delegates per Union released from work to attendbargaining meetings for the ensuing agreement.
5.4 Any Employee of ESTA participating in bargaining as either a representative of a Union(s) or
individual bargaining representative will do so in accordance with the following arrangements.
5.4.1 If the Employee is working during a bargaining meeting, the Employee will be
released from work to attend.
5.4.2 If the Employee is not rostered to work:
(a) ESTA and the Employee will endeavour to arrange a shift swap by
agreement; or
(b) if a shift swap cannot be arranged and the Employee attends on a day off,
they will be paid Overtime for the duration of the meeting and reasonable
travel time if the delegate needs to travel to a work location other than his or
her usual place of work at their ordinary rate of pay.
5.4.3 Travel reimbursement is not payable if:
(a) a pool car is available; or
(b) it was practicable to use the pool car to carpool and it was not used.
5.4.4 ESTA will make a Myki (or equivalent) card available as an alternative.
In this Agreement:
AV means Ambulance Victoria.
Award means the Victorian State Government Agencies Award 2015.
Ballarat means EST A's Ballarat operations centre, or other building replacing the Ballarat Centre for EST A's operations purposes.
Base Salary means the relevant annual salary prescribed in clause 25.2 and 25.6 for each position as varied in accordance with this Agreement.
Centre means a communications facility from which ESTA operates emergency communications services.
CFA means Country Fire Authority.
Computer Aided Dispatch ("CAD") means the information technology systems used by EST A in the provision of emergency communications services.
Continuous Shift means a continuous shift roster that operates through seven days per week and regularly includes work on weekends and Public Holidays.
Customer means any one or more of the emergency service organisations (e.g. Victoria Police, the Victoria State Emergency Service, the Metropolitan Fire & Emergency Services Board, the Country Fire Authority, Ambulance Victoria), and any present or prospective client of ESTA.
Employee means a person employed by EST A in various operational classifications as defined in this Agreement.
Employer means the Emergency Services Telecommunications Authority.
Ertcom means emergency ambulance service communications.
ESTA means the Emergency Services Telecommunications Authority.
Diploma of Management means the formal diploma course sponsored by EST A that includes core modules, elective units and group projects approved by EST A.
Full-time Employee means an Employee whose hours of work are prescribed in clause 12 of this Agreement.
FWC means the Fair Work Commission.
FW Act means the Fair Work Act 2009.
FW Regulations means the Fair Work Regulations 2009.
Mentor means an Employee who is responsible for and acts as a guide and adviser to another Employee during their training / development phase while monitoring their performance and assessing their individual learning needs and providing constructive feedback. "Mentor" also means an Employee who provides on-shift familiarisation to Employees who are complying with a prerequisite training course requirement or whilst the Employees are in training.
Multi-skilled Employee means any Employee qualified in a primary work stream and any
additional skill from another work stream as follows:
Ambulance: Ertcom or Netcom
Fire: CFA or MFB
Police: Police or SES.
NES means the National Employment Standards in the FW Act.
Netcom means non-emergency ambulance service communications.
Ordinary Hours means the ordinary hours of work as set out in clause 12.
Overtime means time worked in excess of the rostered ordinary time hours per shift and for Full-time Employees that are eligible for the 38-hour week agreement in clause 14, in excess of 40 hours per week.
Pay Period means ESTA's fortnightly pay period
Roster Cycle means
(a) for Employees on Roster A, a consecutive period of 8 weeks;
(b) for Full-time Employees on Roster B, a consecutive period of 32 weeks, for
Part-time Employees on Roster B, a consecutive period of 8 weeks;
(c) for Employees on Roster C, a consecutive period of 9 weeks;
(d) for Employees on Roster D, 2 weeks;
(e) for Employees on Roster E, the mutually agreed weeks the employees roster
follows number of weeks of the roster that the Employee follows
Rostered Hours means the average number of hours per week that an Employee is rostered to work pursuant to their Roster as per clauses 12. 7 to 12.11. Rostered Hours includes
Ordinary Hours and any WIL or ROT hours.
ROT means rotational overtime.
Shift Worker means an Employee whose Ordinary Hours of work extend beyond day shift on Monday to Friday and includes persons who work regularly on Saturday or Sunday, workers with variable rosters and Continuous Shift workers.
Standard Operating Procedures means the administrative and operational procedures and rules under which EST A Employees must operate.
Tally Ho means ESTA's Tally Ho operations centre, or other building replacing the Tally Ho Centre for ESTA's operations purposes.
Unions means:
(a) Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia;
(b) United Firefighters' Union of Australia (Victoria Branch);
(c) United Workers Union; and
(d) Victorian Ambulance Union Incorporated (No. A0107043J).
Week in lieu or 'WIL' refers to an entitlement accrued by Full-time Employees working on Roster A, B or D in recognition of the fact that their average Rostered Hours per week are greater than their Ordinary Hours.
WTC means ESTA's World Trade Centre operations centre, or other building replacing the World Trade Centre for ESTA's operations purposes.
7.1 The Award underpins this Agreement but does not apply to Employees whilst this Agreement is in operation.
7.2 The FWC will assess whether Employees are better off overall under the Agreement than they would be if the Award covered and applied to them when considering whether to approve this Agreement.
8. Equal Employment Opportunity/ Harassment
8.1 ESTA is committed to the principles of Equal Opportunity in employment and its actions in this regard will be governed by the spirit and the intent of the relevant Federal and State legislation. ESTA is also committed to increasing the skill and competency levels of all Employees and to providing equal opportunity for promotion and access to career path progression.
8.2 ESTA will not tolerate discriminatory behaviour, harassment or bullying and appropriate action will be taken if they are found to occur. Comprehensive policies and procedures are in place and will be maintained to address these issues and provide appropriate protection for Employees
9.1 ESTA will train all Employees in safe working practices to ensure they understand their rights and responsibilities to protect their own health and safety and to avoid adversely affecting the health and safety of any other person through any act or omission at work.
9.2 ESTA will ensure that all OH&S Representatives and Fire Wardens are properly trained (and retrained as appropriate) to enable them to fully perform all their roles and responsibilities as required by ESTA and by legislation. The trainer and the training course must be appropriately accredited and may be provided by an organisation covered by this Agreement or an organisation that they are affiliated to.
9.3 A person will be designated to assume the responsibilities of OH&S Officer for ESTA and implementation of ESTA's OH&S policies and procedures.
9.4 Each ESTA Centre shall establish and maintain an OH&S Committee consisting of equal representation of management and Employees. The OH&S Committee shall meet at least quarterly and be responsible for periodical OH&S audits of the Centres and reports to management. After consultation with local management, a safety representative may invite a relevant Union official to attend the meeting for the purpose of discussing specific safety issues that have not been resolved at the workplace.
10.1 Each Employee will be based at a specific location (i.e. their normal work location). Employees may be required to travel or transfer between locations to the extent needed to effectively carry out the responsibilities of their employment. Such a requirement will not be applied unreasonably, and will have regard to the Employee's personal circumstances. Any travel or transfer would be by mutual agreement as far as possible.
10.2 No Employee will be required to transfer permanently to or from Ballarat without their agreement.
10.3 Employee additional travel expenses will be reimbursed to Employees requested to attend a location that is not their normal work location.
10.4 The amount paid for motor vehicle expenses will be based on the Australian Taxation Office provided schedule and will be calculated on the additional distance they are required to travel over and above their normal travel between home and work.
10.5 Accommodation and meals expenses will, subject to prior approval of the travel, be reimbursed as provided for in EST A policy and within the limits of the Australian Taxation Office schedule.
10.6 Travel expenses shall not be paid where an Employee has accepted a permanent transfer to another location, or where the Employee has voluntarily offered / requested to work Overtime shifts at another location.
11.1 All new permanent Employees of EST A will be subject to a probationary period which will extend for 6 months from the commencement of their employment. Confirmation of continuing employment beyond the end of the probationary period will be provided before the expiry of the probationary period and will be contingent upon satisfactory progress in a specified training programme, security clearance as required by EST A's contractual obligations to the Emergency Service Organisations and satisfactory work performance.
11.2 Employees will be monitored, mentored and assisted as necessary in relation to their performance and behaviour during the probationary period with the view to ensuring they successfully meet all the requirements for continued employment. 11.3 Employment may be terminated by ESTA or the Employee at any time during the probationary period in accordance with clause 55 of this Agreement.
12.1 Ordinary Hours of work are the hours of work agreed between ESTA and an Employee. For Full-time Employees, Ordinary Hours are an average of 38 hours per week over the relevant Roster Cycle.
12.2 In order to be able to provide for EST A's 24 hours a day, seven days per week operation, Employees shall work these hours, as appropriate, on a roster as prepared by the responsible ESTA officer. These hours may be during the day, afternoon, night and weekend, and include Public Holidays unless otherwise specified in existing individual arrangements or agreed between the Employee and EST A.
12.3 The nature of the Roster Cycles prescribed by this Agreement means that the hours worked by an Employee may exceed 38 Ordinary Hours in a given week but will average 38 Ordinary Hours per week over the relevant Roster Cycle.
12.4 Ordinary Hours will be allocated across a Roster Cycle so that each minute of work contains
an even proportion of an Employee's Ordinary Hours. Ordinary Hours worked per shift is
based on the applicable roster pattern as follows:
12.4.1 Roster A - 10.8571 hours per 12-hour shift.
12.4.2 Roster B:
(a) 11.4 hours per 12-hour shift; or
(b) 7.125 hours per 7.5-hour Early Knock Off Shift; or
(c) 6.65 hours per 7 hour Early Knock Off Shift;
12.4.3 Roster C - 100% of the rostered shift.
12.4.4 Roster D - 95% of the rostered shift.
12.4.5 Roster E - 100% of the rostered shift.
12.4.6 Any Part-time Employee on Roster A, B or C - 100% of the rostered shift.
12.5 The application of clause 12.4 in relation to reductions from leave balances is dealt with in clause 12.12.
12.6 Rosters
ESTA operates four distinct rosters at its three Centres which are set out below at 12.7 to
12.11. The start and finish times of the rosters below apply to Call-Takers and Dispatchers -
the start and finish times of Team Leaders will be set by reference to the Employees they
supervise but adapted according to operational requirements (e.g. may start and finish up to 1
hour before Employees they supervise). ESTA will not unilaterally alter Team Leaders start
and finish times. The four rosters can be varied in accordance with clause 31 (Workplace
Reform) of this Agreement.
12.7 Roster A
12.7.1 A roster whereby a Full-time Employee works twenty-eight 12-hour shifts and has
twenty-eight rostered days off in a 56-day roster cycle (8 weeks).
12.7.2 The standard roster pattern is 4 consecutive shifts, comprising of two 12-hour
dayshifts, two 12-hour nightshifts, followed by 4 consecutive rostered days off.
12.7.3 The standard roster pattern for Roster A averages 42 hours per week over the 8
week roster cycle. Average weekly hours worked on Roster A will be made up of
38 Ordinary Hours, 2 WIL hours and 2 ROT hours.
12.7.4 Mutually agreed changes to the standard roster pattern in 12.7.2 (such as 4
consecutive days and no nights, or two nights on, two days off, two nights on, two
days off etc.) that do not change the total number of hours worked over the roster
cycle are still considered to be Roster A for the purpose of calculating leave and
pay entitlements.
12.7.5 Roster A is the standard roster for:
(a) Fire Tally Ho - 0600-1800 dayshift, 1800-0600 nightshift
(b) Fire Ballarat - 0700-1900 dayshifl, 1900-0700 nightshift
(c) Ambulance Tally Ho - 0600-1800 dayshift, 1800-0600 nightshift
(d) Ambulance Ballarat- 0630-1830 dayshift, 1830-0630 nightshift
(e) Police Tally Ho - 0700-1900 dayshift, 1900-0700 nightshift
12.7.6 A Part-time Employee may be engaged on this roster as per clause 43 and will
have weekly hours averaged over 8 weeks. Part-time Employees working on this
roster do not receive WIL or ROT.
12.8 Roster B
12.8.1 A roster whereby a Full-time Employee works ninety-eight 12-hour shifts, twelve
7.5-hour shifts, two 7-hour shifts and has 112 rostered days off in a 224-day roster
cycle period (32 weeks).
12.8.2 There are two standard roster patterns:
12.8.3 Both above roster patterns average 40 hours per week over the 32 week roster
cycle. Averaged weekly hours worked on Roster B will be made up of 38 Ordinary
Hours and 2 WIL hours.
12.8.4 Mutually agreed changes to the standard roster pattern in 12.8.2 (such as 4
consecutive days and no nights, or two nights on, two days off, two nights on, two
days off etc.) that do not change the total number of hours worked over the roster
cycle are still considered to be Roster B for the purpose of calculating leave and
pay entitlements.
12.8.5 Roster B is the standard roster for:
12.8.6 A Part-time Employee may be engaged on this roster as per clause 43 (part time
clause) and will have weekly hours averaged over 8 weeks. Part-time Employees
working on this roster do not receive WIL.
12.8.7 An Early Knock Off Shift (EKO) is a shift of either 7.5 or 7 hours and is rostered by
the relevant ESTA officer subject to clause 15.8 (8 weeks' notice clause).
12.9 Roster C
12.9.1 Roster C is a legacy roster whereby a Full-time Employee works twenty-eight 12-
hour shifts and has thirty-five rostered days off in a 63-day roster cycle period (9
weeks).
12.9.2 The standard roster pattern is 4 consecutive shifts, comprising of two 12-hour
dayshifts, two 12-hour nightshifts, followed by 5 consecutive rostered days off.
12.9.3 The standard roster pattern for Roster C averages 37 .33 hours per week over the 9
weeks roster cycle. Full-time Employees on this roster work Make Up Hours as per
clause 12.15 in order to meet an average of 38 hours per week. Full-time
Employees are paid for an average of 38 hours per week.
12.9.4 Mutually agreed changes to the standard roster pattern in 12.9.1 (such as 4
consecutive days and no nights, or two nights on, two days off, two nights on, three
days off) that do not change the total number of hours worked over the roster cycle
are still considered to be Roster C for the purpose of calculating leave and pay
entitlements.
12.9.5 Roster C is a roster worked by some employees at Fire Ballarat - 0700-1900
dayshift, 1900-0700 nightshift.
12.9.6 The Employees on this roster may be engaged part -time as per clause 43 and will
have weekly hours averaged over the 9 week roster cycle.
12.10 Roster D
12.10.1 A roster whereby a Full-time Employee works a mutually agreed roster pattern with
an average total of 40 hours per week over a roster cycle of fourteen days (2
weeks). Weekly hours on Roster D will be made up of 38 Ordinary Hours and 2
WIL hours.
12.10.2 Roster D examples include, but are not limited to:
12.10.3 Roster D is the standard roster for all Off-Shift WPTs at all sites and services
12.11 Roster E
12.11.1 Roster E encompasses:
12.11.2 Roster E Employees are not entitled to either WIL or ROT and do not work Make
Up Hours.
12.12 Leave Deductions
12.12.1 Where an Employee takes leave for an entire shift, accrued leave is deducted from
an Employee's relevant leave balance in accordance with the number of allocated
Ordinary Hours for the shift (see clause 12.4).
12.12.2 These leave deductions are consistent with the provisions of the 38-hour Week
Agreement and already contain a 5% reduction as per clause 14.14.
12.12.3 Deductions for periods of leave less than a full shift duration shall be done directly
proportional to those specified in 12.4 (i.e. if an employee on Roster A takes leave
for 50% of a shift, they will be deducted 50% of 10.8571). This proportionate
reduction will occur regardless of whether the Employee takes the leave at the start
or end of a rostered shift.
12.13 Shift Lengths
12.13.1 Shift lengths for Full-time Employees will generally be a minimum of 7 .6 hours and
a maximum of 12 hours, except in the case of EKO shifts on Roster B, which will
have a minimum length of 7 hours.
12.13.2 No Employee who was an Employee immediately prior to this Agreement will be
directed, against their will, to work shifts of less than 12 hours total duration.
12. 14 Rotational Overtime (ROT)
12.14.1 In order to meet the rostering needs set out in 12.2, ESTA requires Full-time
Employees on Roster A to work rotational overtime or ROT.
12.14.2 ROT is part of an Employee's Rostered Hours, however, it does not form part of
their Ordinary Hours or WIL hours.
12.14.3 An Employee's ROT will be evenly spread across all shifts in a Roster Cycle so
that each minute of work contains an even proportion of an Employee's ROT
hours: This results in the following ROT entitlement:
12.14.4 ROT is paid at time and a half, except for the proportion of the ROT worked on a
Sunday (in which case it will be paid at double time) or a Public Holiday {in which
case it will be paid at triple time).
12.14.5 Shift Penalties are not payable on ROT.
12.14.6 ROT may be converted to Time in Lieu as per clause 28.6 {Overtime TIL clause).
ROT which is accrued and nominated to be taken as Time in Lieu is paid on an
hour for hour basis, regardless of when the shift the Employee would otherwise be
working falls. If a nomination to convert ROT to Time in Lieu has been made and
an employee does not take the Time in Lieu (for example, because their
employment ceases), the accrued Time in Lieu will be paid out at the Employee's
Hourly Rate of Pay.
12.14. 7 ROT is not payable during periods of leave.
12.15 Make Up Hours
12.15.1 Each Full-Time Employee on Roster C is entitled to work their Make Up Hours as
detailed in this clause.
12.15.2 Up to 6 Make Up Hours are added to a Make Up Hours Pool following every Roster
Cycle. In order to accurately determine the number of hours, they are calculated by
EST A in order to meet an average of 38 Ordinary Hours per week over the
previous Roster Cycle.
12.15.3 The Make Up Hours Pool hours are considered Ordinary Hours.
12.15.4 The Make Up Hours Pool Cap is defined as 36 hours.
12.15.5 When an Employee's Make Up Hours Pool Cap is reached, they must reduce the
pool to O hours by using, in a reasonable timeframe, one of the options set out at
clauses 12.15.6 to 12.15.9. The Make Up Hours Pool can be reduced by an
Employee by any combination of the following options, nominated by the Employee
once per year (with the option taking effect at the beginning of the Roster Cycle
directly proceeding the Employee's nomination).
12.15.6 Self-Management
12.15. 7 Voluntarily using paid leave entitlements (including annual leave, time in lieu of
overtime, WIL) to an equal number of hours to those owing.
12.15.8 EST A's Workforce Management (WFM) department will schedule shifts to cover a
number of hours, nominated in shift length options by the Employee as follows:
12.15.9 Any other mutually agreed arrangements made between an Employee and ESTA.
If this option is chosen, ESTA will not unreasonably withhold agreement and must
take into account the Employee's personal circumstances including any family
responsibilities.
12.15.10 Upon termination of employment (as detailed in clause 55), an Employee must
reduce their Make Up Hours Pool fully to O hours by choosing one of the options in
clauses 12.15.6 to 12.15.9 unless payment in lieu of notice is made under clause
55 in which case 12.15.6 and 12.15.8 are not available. Alternatively, the
Employee may, at their discretion, reduce the Make Up Hours Pool fully to O by
electing to have EST A deduct the equivalent amount of funds for the hours owed
from their final payment.
12.16 Conversion Hours
The following guiding principles will apply to the scheduling of conversions hours:
12.17.1 There will be no requirement for Workplace Trainers to make up conversion hours
as a result of conducting their training duties.
13.1 Employees working in the Call-taker or Dispatcher classifications in this Agreement are
entitled to a 30-minute paid rest break in every 120 minutes worked, subject to operational
requirements. ESTA will use its best endeavours to ensure that Call-takers and Dispatchers
are able to take their full rest break entitlements, however, it may be necessary on occasion
for staff to be recalled to duty. If this occurs, the remainder of their break may be made up at a
later time when possible.
13.2 All other Employees will be entitled to a 30-minute paid meal break, to be taken within five
hours of commencing duty, except where otherwise agreed.
14 Week in Lieu (WIL)- 38 Hour Week Agreement
14.1 Week in lieu or 'WIL' refers to an entitlement accrued by Full-time Employees working on Roster
A, B or D in recognition of the fact that their average Rostered Hours per week are greater than
their Ordinary Hours.
14.2 Subject to the provisions of this clause below, Full-time Employees on Roster A, B or D who
work shifts averaging more than 38 Rostered Hours per week will accrue up to 2 hours at their
Hourly Rate of Pay per week, equivalent to their excess hours worked over 38 per week.
14.3 Subject to clause 14.4, WIL is an entitlement that accrues per week and Full-Time Employees
who are rostered on Roster A, B or D will be credited WIL hours for that week, irrespective of
whether the Employee takes any leave during the week.
14.4 Where a Full-time Employee takes unpaid leave during a Pay Period, their WIL balance will be
reduced proportionately to any WIL hours associated with shifts they have not worked over the
Pay Period.
14.5 If an Employee becomes Full-time or converts to Roster A, Roster B or Roster D during a Pay
Period, they will receive a pro-rata WIL entitlement equivalent to the WIL hours worked over the
Pay Period.
14.6 Eligible Full-time Employees will, at their discretion, nominate at the commencement of each
calendar year, or as soon as practicable after commencement of employment, to take the
accrued hours as either:
14.7 WIL Payment
Employees will, at their discretion, nominate at the commencement of each calendar year, or as
soon as practical after commencement of employment, whether they intend to take the WIL
Payment in one or two payments (one at the end of the financial year and one at the end of the
calendar year).
14.8 WIL Time in Lieu
14.8.1
The "WIL Time in Lieu" may be taken as it accrues in lots of no less than one shift.
14.9 The provisions detailed in this clause cannot be taken unless they are accrued.
14.10 Employees may elect to take WIL Time in Lieu at single time or for half the period of time at
double the pay.
14.11 The WIL payment and WIL Time in Lieu will be calculated in accordance with an Employee's
Hourly Rate of Pay.
14.12 Employees moving to Roster E are able to retain their WIL balance subject to the provisions of
clause 14.8.3.
14.13 Employees who cease their employment or move to casual employment will receive a WIL
Payment of any accrued WIL hours.
14.14 The application of this clause means that, for Full-time Employees, where a day's leave is
taken, the amount of time deducted from leave credits or pay is reduced by 5%. i.e. the
equivalent of the reduction from a 40 hour week to a 38 hour week.
15.1 In order to meet EST A's operational demands and the needs of Employees, ESTA currently
utilises a number of rostering arrangements within its operational workforce (as set out at
clauses 12.7 to 12.11).
15.2 ESTA's two most prevalent operational rosters are Roster A and Roster B (standard rosters).
ESTA agrees not to employ more than 15% of calltakers on non-standard rosters, excluding
Employees on individual flexibility arrangements such as those made under the NES.
15.3 ESTA may recruit up to 15% of new operational call-taking employees on part-time, nonstandard
rosters. For the purposes of this clause:
15.4 ESTA will provide a copy of the rosters to be implemented to Employees and the Unions for
the purposes of consultation. ESTA must give genuine consideration to all matters raised by
Employees and/or their representatives/Unions and provide a written response to any
feedback received.
15.5 Current employees will be offered the first opportunity to move to any part-time, non-standard
rosters prior to their advertisement externally.
15.6 After twelve months employment, a Part-time Employee may request conversion to full-time
employment. ESTA will not unreasonably refuse this request.
15.7 Roster C is a legacy roster currently in operation for a group of Employees whose primary
service is fire and who are located at Ballarat. No additional Employees will be employed on
Roster C and the parties agree the following terms will apply in relation to existing Employees
on Roster C.
15.8 Rosters will be posted at least 8 weeks in advance.
15.9 Temporary changes to an individual Employee's shift(s) will be achieved by mutual agreement
between EST A and Employee as far as is practicable.
16 Coverage and Staffing Levels
16.1 In order to ensure that the levels specified in EST A policy are met, EST A will take all
reasonable steps including the following (in no particular order):
16.2 Staffing levels will be regularly reviewed throughout roster periods.
16.3 To amend the staffing levels specified in ESTA Operations Staffing Coverage Policy, ESTA
must consult with the affected parties as per clause 31 of this Agreement, except where
amendments are required due to significant funding or operational changes. Significant
funding or operational changes may include, but are not limited to, legislative changes, ESO
operational/process changes and budget allocations.
16.4 Where amending of staffing levels is required, ESTA will advise the impacted Employees and
the Unions as soon as is practicable.
17 .1 EST A commits to completing a review of staffing allocation and resourcing within 12 months of
this Agreement coming into effect.
17.2 The review will be conducted by an independent person, to be agreed by ESTA, the Unions,
Emergency Management Victoria and Industrial Relations Victoria.
17 .3 The terms of reference of the review will be agreed by the parties prior to commencement of
the review and this agreement will be facilitated by the independent person.
17 .4 A working group will support the work of the independent person and will consist of two
representatives from ESTA, two representatives from each Union (no more than one
operational delegate from each Union), one representative from Emergency Management
Victoria and one representative from Industrial Relations Victoria.
17.5 The working group will meet on a fortnightly basis to discuss and review ESTA's staffing
allocation and associated resources. This may include:
17.6 ESTA will provide relevant data and information in a timely manner.
17.7 The working group will attempt to achieve consensus on recommendations. Where this is not
possible, the independent person will determine the recommendations.
17.8 The independent person will make recommendations to the ESTA Chief Executive Officer for
them to consider and if appropriate to make submissions to government based on those
recommendations.
17.9 Where EST A does not accept the recommendations of the independent person, EST A will
provide reasons for this in writing to the working group members.
18 Trial of Extended Induction Training
18.1 Subject to notification by the Unions of their preferred changes to the curriculum, ESTA will
commence a six-month trial of extended induction training for new Employees.
18.2 This extension will take the form of additional scenario-based training or extensions of other
existing parts of the curriculum by up to a week.
18.3 Courses will not be fundamentally redesigned to accommodate this extension.
18.4 At the conclusion of the six-month trial period, the early attrition rate (that is, attrition within six
months of the commencement of employment) of participating Employees will be compared to
the early attrition rate of Employees graduating from the existing course. If there is no
measurable improvement in early attrition rates, the training extension will be discontinued.
Wages including all ordinary time earnings, allowances, shift penalties and Overtime shall be
paid fortnightly into Employee nominated bank accounts not later than Tuesday following the
end of the pay period (other than in circumstances outside the control of ESTA).
20 Payment for Late Notice of a Temporary Shift Change
20.1 Where a change of shift for an Employee takes place within 5 days from the start of the
change, and the change was requested by an ESTA representative (for example, Workforce
Management, Team Leader, Assistant Centre Manager or Executive Manager Operations
etc.), ESTA will pay the Employee 1 hour Overtime per day (time and one half) until the 5 day
notice period has lapsed.
20.2 For the avoidance of doubt:
21.1 In recognition of the specialist skills involved in maintaining multi-skilling, ESTA may require a
Multi-skilled Employee to work part of a shift, a shift, a part rotation, or rotation of shifts in their
additional service. EST A commits to provide the following Maintenance Hours:
21 .2 In the event that ESTA cannot provide the applicable Maintenance Hours outlined in clause
21.1 for operational reasons, ESTA will notify the relevant Multi-skilled Employee as soon as
practicable and arrange an alternative time for them to perform their remaining Maintenance
Hours.
21.3 If, due to operational requirements, the Maintenance Hours are interrupted and the relevant
Multi-skilled Employee does not work all of their applicable Maintenance Hours in their
additional service, ESTA commits to the following:
21.3.1
if the remaining Maintenance Hours in the additional service are to be performed at
the Multi-skilled Employee's usual work location, those remaining hours will be
performed in the Employee's next two rotations; or
21.4 EST A shall use its best endeavours to ensure that the Maintenance Hours outlined at clause
21.1 above will not be interrupted.
21.5 ESTA is not required to comply with clause 21.1 if an Employee is on any type of leave,
absent on workers compensation or subject to performance management.
21.6 When an Employee is training/ consolidating in an additional service, ESTA will provide an
Employee with 12 hours in their primary service.
21. 7 ESTA will not compel multi-skilled Call-taker WPT and Call-taker and Dispatcher WPT to train
in their additional service if they do not have a sufficient level of comfort in their own skill level
to do so.
22.1 Employees will undertake those duties as outlined in individual job / position descriptions
together with any other reasonable duties which may be assigned to them from time to time
which are within the scope of their training and competence.
22.2 Because of the nature of the services provided by EST A to its Customers and the recognised
need to maintain emergency communication services without interruption, Employees shall
provide coverage as and when requested by EST A, regardless of planned rostering
arrangements. Such coverage shall not be unreasonably requested or withheld and will be
subject to clause 28.2.
23.1 For the duration of employment with EST A, Employees, other than casuals, will not undertake
any other employment, office, or remunerative work, or honorary or voluntary activity (e.g.
CFA or SES), which could in any way impinge upon, detract from, interfere with, or otherwise
restrict their ability to effectively and efficiently carry out their EST A duties and responsibilities.
23.2 Employees shall not, for the duration of their employment, set themselves up or engage in
private business or undertake other employment in direct or indirect competition with EST A, or
in any other way engage in any business or employment which may lead to a conflict of
interest with EST A.
24.1 The skills required and tasks undertaken to provide a 24 hour emergency service are of a
specialist nature. The retention and motivation of competent, committed and trained
Employees is essential for the viable operation of the service.
24.2 ESTA is committed to the maintenance of comprehensive performance, development and
review programs which provide position descriptions for each classification and regular
consultation on such issues as performance criteria and measurement and training and
development requirements. Employees will be notified in writing of successful completion of
training programs and resultant accreditation.
24.3 Employees are entitled to undertake training to qualify or progress towards qualifying for
advancement to a higher classification covered by this Agreement, subject to training resource
capacity, ESTA's assessment of the Employee's suitability (i.e. their current performance
would need to be satisfactory and they would need to meet prescribed entry level
requirements) and the Employee's availability. An Employee's temporary unavailability,
because of operational or other reasons, will only impact on the timing of the training. Such
training will occur in paid time and at EST A's expense.
24.4 Selection for training will be on an equitable basis, subject to the provisions of clause 24.3
above.
24.5 Training Accreditation
As a Registered Training Organisation, ESTA will accommodate the training and
accreditation of all EST A employees in call taking and dispatching competencies to
Certificate II & Ill (or as updated by the Victorian Registration Qualifications Authority), and a
Diploma of Management or equivalent for Team Leaders and Assistant Team Leaders, as
determined by the VRQF or its successor during the life of this Agreement.
24.6 Continuing Education
24.6.1 Education Assistance
24.6.3 Study Leave
Study leave is available for attendance at an educational institution, and
attendance at and preparation for examinations. Details are provided in the ESTA
policy.
25 Classifications and Remuneration
25.1 Increases to remuneration
Over the life of this Agreement, Employee remuneration will increase by 2.5% on 17 June
2019, 1 July 2020, 1 July 2021 and 1 July 2022 in accordance with clauses 25.2 and 25.3.
25.2 Classifications and rates of pay-17 June 2019 to 14 August 2020
The following operative Base Salaries will apply from the commencement of this Agreement to
14 August 2020.
25.3 Classifications and rates of pay - from 15 August 2020
From 15 August 2020, the following classifications and rates of pay will apply. All increments
in the table below that apply to an employee will be added to that employees Base Salary.
25.4 Classification structure - from commencement to 14 August 2020
Payment of the salaries specified in clause 25.2 shall be in accordance with the following
provisions:
25.5 Emergency services
25.5.1
The emergency services for the purposes of applying the salary criteria to Calltakers
in clause 25.4 are:
25.5.2
The emergency services for the purposes of applying the salary criteria to
Dispatchers in clause 25.4 are:
25.6 Classification structure - from 15 August 2020
25.6.1
On 15 August 2020 all employees will transition to a new classification structure
provided that where disadvantage would occur as a result of transition to the new
classification structure, the employee's salary will be 'grand parented' (i.e. they will
continue to receive their existing salary until they would be entitled to a greater
amount under this Agreement or any successor).Grand parented employees will be
entitled to annual salary increases in accordance with the salary increases outlined
in this agreement.
25.7 ATLs and Team Leaders -from 15 August 2020
25.7.1
ATLs and Team Leaders will not attract skills based increments, but will instead be
paid a Base Salary as described at clause 25.3.
25.7.2
A TLs will be paid one of two Base Salaries:
(a) ATL Level 1 (for non multi-skilled ATLs); or
(b) ATL Level 2 (for multi-skilled ATLs or ERTCOMM Dispatch ATL who is also
qualified in NETCOMM Dispatch)
25.7.3
Team Leaders will be paid at one Base Salary, regardless of their attainment of the
Diploma of Management or equivalent qualification.
25.7.4
ESTA will engage two Assistant Team Leaders per team.
25.7.5
All Assistant Team Leaders will be qualified Call-takers and Dispatchers.
25.7.6
All Assistant Team Leaders will be qualified in the service in which they seek to be
appointed as Assistant Team Leaders
25.8 Joint working group - classification structure review
25.8.1
ESTA commits to undertaking a review of the new EST A classification structure to
be completed over the life of this Agreement.
25.8.2
A joint working group, comprising of ESTA management, Employee
representatives, and the Unions, will be formed and commence within three
months of the new classification structure coming into effect.
25.8.3
The terms of reference must be agreed by ESTA and the Unions prior to
commencement of the working group.
25.8.4
ESTA, the Employees and the Unions commit to further exploring multi-skilling over
the life of the Agreement.
25.8.5
The working group will review the mechanisms for providing career progression,
including multi-skilling, classification and pay points, years of service and salary
structure.
25.8.6
EST A will provide relevant data and information for the purposes of the
classification structure review in a timely manner.
25.8.7
Where there are outcomes are agreed between the parties, recommendations will
be made to the EST A Chief Executive Officer for inclusion in a future agreement.
25.9 One-off payment - sign on
25.9.1
In the first full Pay Period following the commencement of the Agreement, a one-off
payment of $1,000 is to be paid to Employees covered by this Agreement (other
than Casual Employees) who have been an Employee in the period since the
nominal expiry date of the Emergency Services Telecommunications Authority
Operational Employees Enterprise Agreement 2015 as follows:
25.9.2
for Full-time Employees who were employed prior to 30 June 2019 - $1,000;
25.9.3
for Part-time Employees who were employed prior to 30 June 2019 - a pro rata
amount proportional to their contracted hours;
25.9.4
for Full-time Employees who commence employment between 1 July 2019 and the
commencement date of this Agreement - a pro rata amount proportional to their
completed continuous service since 1 July 2019; or
25.9.5 for Part-time Employees who commence employment between 1 July 2019 and the
commencement date of this Agreement - a pro rata amount proportional to their
completed continuous service since 1 July 2019 and their contracted hours.
25.10 One-off payment - 20 years' service recognition
Full-time and Part-time Employees who have achieved 20 years' continuous service at the
commencement date of this Agreement will receive a one-off payment of $1,000.
25.11 Mentor Allowance
25.11.1 A Mentor Allowance shall be paid to all ESTA accredited Mentors while they are
performing their mentoring duties.
25.11.2 The Mentor Allowance of $3.17 per hour will increase by 2.5% on the first Pay
Period on or after 17 June 2019, 1 July 2020, 1 July 2021 and 1 July 2022 to the
following amounts:
25.12 Hourly Rate
The hourly pay rate will be based on the number of average Full-time Ordinary Hours of work
stipulated in Clause 12 of this Agreement, as per the following formula:
26.1 The following shift penalties apply:
26.2 Shift Penalty Application
26.2.1 Penalties are paid for all the Ordinary Hours worked in the particular shift as well as
for the hours worked outside the Ordinary Hours in respect of which the benefits
prescribed at clause 14 accrue.
26.2.2
Penalties are applied to the Ordinary Hours rate for the shift.
26.2.3
Penalties are not payable during periods of leave.
26.2.4
Penalties are not payable during periods of Overtime.
26.2.5
Where a Workplace Trainer, Mentor or other Employee is required to change from
their normal rostered shift(s) in order to either conduct or participate in ESTA
training, and, for the period of that change the amount of shift penalty (or penalties)
payable would be less than that which would have been payable had the change
not taken place, the Employee shall be paid the penalty (or penalties) which would
have been paid but for the change.
27.1 Employees engaged temporarily in duties of a classification higher than their own, will be paid
the higher classification rate provided the higher duties are performed for at least two hours in
the shift.
27.2 An Employee who is being paid for higher duties in respect of an absence, event or
circumstance, for more than four shifts, shall continue to be paid for the higher duties while on
leave, provided the leave commences after the commencement of the higher duties and the
Employee resumes duty after the leave in the same higher position in circumstances where the
period of higher duties would have been continuous but for the period of the Employee's
absence.
27.3 An Employee selected as an Assistant Team Leader will be paid at the Team Leader rate of pay
when acting in the Team Leader position. The following will apply until introduction of the new
classification structure:
27.3.1
Where an Assistant Team Leader has completed the ESTA Diploma of
Management the Level 2 pay rate will apply.
27.3.2
Where the Employee does not meet this qualification requirement the Level 1 rate
of pay will apply.
27.3.3 Provided that an Assistant T earn Leader receiving the Level 2 rate without meeting
the qualification requirement at the time of commencement of this Agreement
continue to receive this rate.
28.1 Subject to clause 28.5, Overtime, except for Sunday Overtime, will be paid at the rate of time
and a half for the first two hours, double time thereafter, and shall be calculated on a daily basis.
Sunday Overtime will be paid at double time.
28.2 An Employee shall work a reasonable amount of Overtime if requested. An Employee may
refuse to work Overtime in circumstances where the working of such Overtime would result in
the Employee working hours which are unreasonable having regard to:
28.3 An Employee recalled to work Overtime after leaving work shall be paid a minimum of four
hours at Overtime rates. Provided that an Employee requested to commence a shift early, shall
be paid Overtime only for the hours worked prior to the normal shift commencement.
28.4 Except as provided in clause 43.4, time worked in excess of rostered ordinary time hours per
shift, and, for Full-time Employees, in excess of 40 ordinary time hours per week for Employees
to whom clause 14 applies or in excess of 38 ordinary time hours per week for all other Full-time
Employees, will be paid as Overtime.
28.5 Overtime worked on a Public Holiday or Alternative Public Holiday in excess of the ordinary
rostered hours will be paid at triple ordinary time.
28.6 An Employee may elect to take time off normal rostered duty in lieu of Overtime ("Overtime time
in lieu"), subject to the following:
28.7 Where a Workplace Trainer, Mentor or other Employee is required to change from their normal
rostered shift(s) in order to either conduct or participate in ESTA training, and, for the period of
that change the amount of "rostered Overtime" would be less than that which would have been
payable had the change not taken place, the Employee shall be paid the "rostered Overtime"
which would have been paid but for the change. Any additional Overtime incurred whilst training
would only be payable for hours in excess of their normal shift rostered hours.
28.8 Allocation of Overtime will occur on an equitable basis for all Employees who make themselves
available and who are qualified to undertake the shift, as far as practicable.
29.1 A meal allowance is payable to Employees required to work unplanned Overtime for at least two
hours beyond the end of their normal or Overtime shifts, provided the total hours worked for the
shift, inclusive of Overtime, is not less than 10.
29.2 The allowance of $22.40 per occasion will increase by 2.5% on 17 June 2019, 1 July 2020, 1
July 2021 and 1 2022 to the following amounts:
30.1 An insurance cover for professional indemnity is provided for all Employees. The cost is borne
by ESTA.
31.1 Where ESTA intends to carry out a substantial change in operations, including:
31.1.1
a material change to the manner in which work is organised and/or where work is
performed; and/or
31.1.2
the introduction of new or upgraded equipment; and/or
31.1.3
the need for new skills and/or responsibilities and/or retraining or redeployment;
and/or
31.1.4
substantial variations to shift rosters, total working hours, total number of working
days; and/or
31.1.5
rest beaks; and/or
31.1.6
reduction in the number of Employees: and/or
31.1.7
staffing levels as per ESTA operational staffing coverage policy,
31.2 Thereafter, appropriate consultation (including on termination and change), will occur between
the parties. ESTA must give genuine consideration to all matters raised by Employees and/or
their representatives/Unions and give due consideration to any alternative proposals before
making any decisions regarding any changes.
31.3 EST A will respond to any alternative proposals in writing providing reasons for their rejection or
acceptance of the proposal or part thereof.
31.4 Where, after consultation, the proposed change/sis/are to be implemented, ESTA will provide
all the training and assistance necessary to assist the Employee/s to meet their performance
objectives in the changed environment.
31.5 The following process will apply for any:
31.5.1
substantial variation to shift rosters, total working hours, total number of working
days; and/or staffing levels as per EST A operational staffing coverage policy; and
changes to rest breaks (for the avoidance of doubt this clause does not apply to
31.5.2
changes in the timing of rest breaks when unplanned or out of the ordinary
operational events necessitate it):
31.6 It is not intended that variations to normal day-to-day rostering arrangements for individual
Employees be included in this provision.
31.7 Fire Services Reform
The parties acknowledge that Victorian fire services are undergoing major reform. Where this reform
will result in an impact to employees covered by this agreement (for example upon the abolition of the
MFB and introduction of Fire Rescue Victoria), the parties agree to consult on those changes as per
clause 31 of this Agreement. ESTA will ensure that any change to employee conditions as a result of
these reforms will not leave any employee disadvantaged in their entitlements under this agreement.
32.1 Annual leave shall accrue at the rate of four weeks (152 hours) per annum for all Full-time
Employees. For Shift Workers, annual leave shall accrue at the rate of five weeks ( 190 hours)
per annum. Annual leave will accrue on a pro rata basis for all other Employees (other than
casual Employees).
32.2 Such leave shall be taken at a mutually agreed time, as far as practicable, subject to:
32.2.1
annual leave cannot be taken in the first three months of employment, unless
authorised by the Executive Manager Operations;
32.2.2
annual leave entitlements must be taken within 12 months of the full entitlement
falling due, unless special circumstances exist and approval to defer is granted by
the Executive Manager Operations;
32.2.3
the time at which annual leave is taken shall be fair and equitable to all Employees
and shall take into consideration ESTA's operational requirements.
32.3 Any entitlement to annual leave which has properly accrued in terms of this Agreement and has
not been taken as leave by an Employee will be paid to that Employee on termination of
employment.
32.4 Employees may apply to cash out annual leave subject to the following:
32.4.1
after the annual leave has been cashed out, a balance of at least four weeks
accrued annual leave entitlement must remain;
32.4.2
each cashing out of a particular amount of paid annual leave must be by separate
agreement in writing between ESTA and the Employee;
32.4.3
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
32.4.4
the Employee must have taken annual leave equivalent to two rotations in the
previous 12 month period to ensure they have had a break from work.
32.5 Any arrangement to cash out annual leave is subject to approval from the Executive Manager
Operations which will not be unreasonably withheld.
33.1 A 17 .5% annual leave loading is payable in respect of all annual leave.
33.2 The loading is payable proportionately with each period of leave taken.
33.3 Employees who cease their employment will receive a pro rata payment in lieu in accordance
with their payment for annual leave not taken.
33.4 The loading is calculated as 17 .5% of the gross Base Salary for the total period of leave taken.
34.1 An Employee is entitled to a pro rata amount of long service leave on completing seven years
continuous employment with ESTA (and ECV and Intergraph BEST (Vic) Pty Ltd).
34.2 Where an Employee's employment is ended for any reason, and the Employee has completed
at least 5 but less than seven years continuous service with EST A, ECV and Intergraph BEST
(Vic) Pty Ltd, the Employee is entitled to payment of long service leave in respect of that
service.
34.3 Long Service Leave shall accrue as follows:
34.3.1
For service prior to 1 October 2003 -
34.3.2
For service after 1 October 2003 -
34.4 Continuity of service for the purpose of calculating long service leave will not be broken by any
of the circumstances detailed in Part 2 section 13 of the Long Service Leave Act 2018 (as
amended}.
34.5 The "ordinary pay" for long service leave shall be as defined in part 2 section 15 of the Long
Service Leave Act 2018 (as amended).
34.6 Casual Employees will be entitled to long service leave provided that there is no more than a 3
month gap between periods of employment unless the break in service was caused by the
absence of the Employee under the terms of their engagement.
34.7 Long service leave does not include any public holiday or annual leave occurring during the
period when the long service leave is taken.
34.8 An Employee, by agreement with EST A, may take double the period of long service leave at
half the rate of pay. The agreement shall have regard to the needs of the Employee and EST A's
operational requirements.
34.9 For those Employees engaged by ESTA after the commencement of this Agreement, ESTA will
recognise an Employee's prior service within the Victorian Public Service for long service leave
purposes only, provided that funding is transferred by their previous Victorian Public Service
employer for accrued long service leave (that is, the new Employee arranging the funding
transfer with their previous Victorian Public Service employer). If this does not occur, EST A will
recognise the prior service for the purposes of qualifying for long service, but will only recognise
service from the commencement of their employment with EST A for the purposes of calculating
the Employee's long service leave entitlement.
35.1 Application
Full time, part time and Eligible Casual Employees are entitled to parental leave under this
clause if:
35.2 Definitions
For the purposes of this clause:
35.2.2 Continuous Service is work for the Employer on a regular and systematic basis
(including any period of authorised leave).
35.2.3 Child means:
35.2.4 Primary Caregiver means the person who is the primary carer of a newborn or newly
adopted Child. The primary carer is the person who meets the Child's physical needs
more than anyone else. Only one person can be a Child's primary carer on a particular
day.
35.2.5 Secondary Caregiver means a person who has parental responsibility for the Child
but is not the Primary Caregiver.
35.2.6 Spouse includes a de facto spouse, former spouse or former de facto spouse.
35.3 Summary of parental leave entitlements
Parental leave entitlements in this clause are summarised in the following table.
35.4 Parental leave - Primary Caregiver
35.4.1 An Employee who has, or wiii have, completed at least twelve months Continuous
Service and who will be the Primary Caregiver at the time of the birth or adoption of
their Child, is entitled to up to 52 weeks parental leave, comprising:
35.4.2 An Employee who will be the Primary Caregiver but has not completed at least
twelve months Continuous Service at the time of the birth or adoption of their Child,
is entitled to up to 52 weeks unpaid parental leave.
35.4.3
An Eligible Casual Employee who will be the Primary Caregiver at the time of the
birth or adoption of their Child is entitled to up to 52 weeks unpaid parental leave.
35.4.4
Only one parent can receive Primary Caregiver parental leave entitlements in
respect to the birth or adoption of their Child. An Employee cannot receive Primary
Caregiver parental leave entitlements:
35.4.5
A period of parental leave taken in accordance with this clause must be for a single
continuous period.
35.5 Parental leave - Secondary Caregiver
35.5.1
An Employee who has, or will have, completed at least twelve months Continuous
Service and who will be the Secondary Caregiver at the time of the birth or
adoption of their Child, is entitled to up to 2 week paid parental leave.
35.5.2
Only one parent can receive Secondary Caregiver parental leave entitlements in
respect to the birth or adoption of their Child.
35.5.3
An Employee cannot receive Secondary Caregiver parental leave entitlements
where the Employee has received Primary Caregiver parental leave entitlements in
relation to their Child.
35.6 Pre-adoption leave
35.6.1
An Employee seeking to adopt a Child is entitled to unpaid leave for the purpose of
attending any compulsory interviews or examinations as are necessary as part of
the adoption procedure.
35.6.2
The Employee and the Employer should agree on the length of the unpaid leave.
Where agreement cannot be reached, the Employee is entitled to take up to two
days unpaid leave.
35.6.3
Where paid leave is available to the Employee, the Employer may require the
Employee to take such leave instead.
35.6.4
The Employer may require the Employee to provide satisfactory evidence
supporting the leave.
35. 7 Permanent care leave
If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that
legislation, an Employee (other than a casual Employee), is granted a permanent care order in
relation to the custody or guardianship of a child and the Employee is the Primary Caregiver for
that child, the Employee will be entitled to 14 weeks' at full pay (or 28 weeks at half pay) paid
leave at a time to be agreed with the Employer.
35.8 Continuing to work while pregnant
35.8.1
The Employer may require a pregnant Employee to provide a medical certificate
stating that the Employee is fit to work their normal duties where the Employee:
35.8.2
The Employer may require the Employee to start parental leave if the Employee:
35.9 Personal/carer's leave
A pregnant Employee, not then on parental leave, who is suffering from an illness whether
related or not to the pregnancy, may take any paid and/or unpaid personal/carer's leave in
accordance with clause 37.
35.10 Transfer to a safe job
35.10.1 Where an Employee is pregnant and, in the opinion of a registered medical
practitioner, illness or risks arising out of the pregnancy or hazards connected with
the work assigned to the Employee make it inadvisable for the Employee to
continue at their present work, the Employee will be transferred to a safe job with
no other change to the Employee's terms and conditions of employment until the
commencement of parental leave.
35.10.2 If there is no safe job available, the employee is entitled to take paid no safe job
leave, or the Employer may require the Employee to take no safe job paid leave
immediately for a period which ends at the earliest of either:
35.10.3 The entitlement to no safe job leave is in addition to any other leave entitlement the
Employee has.
35.11 Special parental leave
Where the pregnancy of an Employee not then on parental leave tenninates other than by the
birth of a living child after the completion of 20 weeks, the Employee is entitled to paid special
maternity leave not exceeding the amount of paid parental leave available under clause 35.3
and thereafter, to unpaid special maternity leave.
35.12 Notice and evidence requirements
35.12.1 An Employee must give at least 10 weeks written notice of the intention to take
parental leave, including the proposed start and end dates. At this time, the
Employee must also provide a statutory declaration stating:
35.12.2 At least four weeks before the intended commencement of parental leave, the
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 clause
35.12.1, unless it is not practicable to do so.
35.12.3 The Employer may require the Employee to provide evidence which would satisfy a
reasonable person of:
35.13 Commencement of parental leave
35.13.1 An Employee who is pregnant may commence Primary Caregiver parental leave at
any time within 14 weeks prior to the expected date of birth of the Child. The period
of parental leave must commence no later than the date of birth of the Child.
35.13.2 In all other cases, Primary Caregiver parental leave commences on the day of birth
or placement of the Child.
35.13.3 Secondary caregiver parental leave may commence on the day of birth or
placement of the Child.
35.13.4 The Employer and Employee may agree to alternative arrangements regarding the
commencement of parental leave.
35.13.5 Unless otherwise agreed, any entitlement to paid parental leave will be paid from
the date of commencement of parental leave.
35.14 Single period of parental leave
Parental leave is to be available to only one parent at a time, in a single unbroken period,
except in the case of concurrent leave.
35.15 Employee couple - concurrent leave
35.15.1 Two Employees covered by this Agreement may take up to one week of concurrent
leave in connection with the birth or adoption of their Child.
35.15.2 Concurrent leave may commence one week prior to the expected date of birth of
the Child or the time of placement in the case of adoption.
35.16 Parental leave and other entitlements
35.16.1 An Employee may in lieu of or in conjunction with parental leave, access any
annual leave or long service leave entitlements which they have accrued subject to
the total amount of leave not exceeding 52 weeks or a longer period as agreed
under clause 35.18.2.
35.16.2 Where a Public Holiday occurs during a period of paid parental leave, the
Employee will receive payment as clause 39 at their Hourly Rate of Pay (pro-rated
for Part-time Employees based on their Ordinary Hours).
35.16.3 Unpaid parental leave under clauses 35.4, 35.5, 35.18 and 35.20 shall not break
an Employee's continuity of employment. While on unpaid parental leave, no
annual leave or personal/carer's leave accrues.
35.16.4 Paid personal/carer's leave is not available during unpaid parental leave.
35.17 Keeping in touch days
35.17 .1 During a period of parental leave an Employer and Employee may agree to
perform work for the purpose of keeping in touch in order to facilitate a return to
employment at the end of the period of leave.
35.17 .2 Keeping in touch days must be agreed and be in accordance with section 79A of
the FW Act.
35.18 Extending parental leave
35.18.1 Extending the initial period of parental /eave
35.18.2 Right to request an extension to parental leave
35.18.3 Total period of parental leave
35.19 Calculation of pay for the purposes of parental leave
35.19.1 The calculation of weekly pay for paid parental leave purposes will be based on the
average number of ordinary hours worked by the Employee over the past six months.
The calculation will exclude periods of unpaid parental leave.
35.19.2 The average number of weekly hours worked by the Employee, determined in
accordance with clause 35.19.1 above, will be then applied to the annual salary
applicable to the Employee's classification and salary point at the time of taking
parental leave to determine the actual rate of pay whilst on parental leave.
35.19.3 Despite 35.19.1, an Employee who reduces the time fraction they work to better cope
during pregnancy will not have their subsequent paid parental leave reduced
accordingly.
35.19.4 Half Pay
The Employee may elect to take any paid parental leave entitlement at half pay for a period
equal to twice the period to which the Employee would otherwise be entitled.
35.20 Commonwealth Paid Parental Leave
Paid parental leave entitlements outlined in this clause are in addition to any payments which
may be available under the Commonwealth Paid Parental Leave Scheme.
35.21 Returning to Work
35.21.1 Returning to work early
(a) During the period of parental leave an Employee may return to work at any
time as agreed between the Employer and the Employee, provided that time
does not exceed four weeks from the recommencement date desired by the
Employee.
35.21.2 Returning to work at conclusion of leave
35.21.3 Returning to work at a reduced time fraction
35.22 Consultation and communication during Parental Leave
35.22.1 Where an Employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Employer shall take reasonable
steps to:
35.22.2 The Employee shall take reasonable steps to inform the Employer about any
significant matter that will affect the Employee's decision regarding the duration of
parental leave to be taken, whether the Employee intends to return to work and
whether the Employee intends to request to return to work on a part time basis.
35.22.3 The Employee shall also notify the Employer of changes of address or other
contact details which might affect the Employer's capacity to comply with clause
35.22.1.
35.23 Extended Family Leave
35.23.1 An Employee who is the Primary Caregiver and has exhausted all parental leave
entitlements may apply for unpaid Extended Family Leave as a continuous
extension to their parental leave taken in accordance with this clause. The total
amount of leave, inclusive of parental leave taken in accordance with this clause
cannot exceed seven years.
35.23.2 The Employee must make an application for Extended Family Leave each year.
35.23.3 An Employee will not be entitled to paid parental leave whilst on Extended Family
leave.
35.23.4 Upon return to work the Employer may reallocate the Employee to other duties.
35.24 Replacement Employees
35.24.1 A replacement Employee is an Employee specifically engaged or temporarily
acting on higher duties or transferred, as a result of an Employee proceeding on
parental leave.
35.24.2 Before an Employer engages a replacement Employee the Employer must inform
that person of the temporary nature of the employment and of the rights of the
Employee who is being replaced.
35.25 Casual Employees
The Employer must not fail to re-engage a casual Employee because the Employee has
accessed parental leave in accordance with this clause. The rights of the Employer in relation to
engagement and re engagement of casual Employees are not affected, other than in
accordance with this clause.
36.1 An Employee (other than a casual Employee) shall be entitled to a maximum of four shifts paid
leave on each occasion a member of the Employee's immediate family or a member of the
Employee's household:
36.2 If requested by ESTA, the Employee must provide evidence (including a death notice, medical
certificate or statutory declaration) that the leave is taken for the specified purpose.
36.3 The term "immediate family" means:
36.3.1
a spouse, de facto partner, child, parent, Full-time guardian, ward, grandparent,
grandchild or sibling of the Employee; or
36.3.2
a child, parent, Full-time guardian, ward, grandparent, grandchild, or sibling of a
spouse or de facto partner of the Employee.
36.4 Leave without pay may also be granted, in addition, in special circumstances.
36.5 Casual Employees are only entitled to compassionate leave without pay.
36.6 At the discretion of the Executive Manager Operations, compassionate leave may be granted
for family members who do not fall within the definition of 'immediate family' outlined above.
37.1 Subject to clause 43 (Part-time Employment) an Employee is entitled to 125.4 hours personal /
carer's leave per year in accordance with the provisions of clauses 37.2 to 37.4.2 and the
following general conditions:
37.1.1
in the first year of employment personal/carer's leave will accrue and be credited
on a pro-rata basis from commencement of employment. In the second and
subsequent years, Employees will be credited with their full entitlements on the
anniversary of the commencement of their employment;
37.2 Personal Leave
37.2.1
An Employee may take paid personal leave because he or she is not fit for work
because of a personal illness or personal injury affecting the Employee.
37.2.2
The evidence requirements are as follows:
37.2.3
ESTA will, provide a dedicated area where an Employee who is ill can rest in
privacy and comfort in accordance with relevant work health and safety legislation.
37.3 Carer's Leave
37.3.1
An Employee may take carer's leave to provide care or support to a member of the
employee's immediate family, or a member of the Employee's household who
requires care or support because of:
37.3.2
The term 'immediate family' means:
37.3.3
The Employee shall, if required, provide evidence that the leave is taken for the
specified purpose.
37.3.4
In normal circumstances an Employee shall not take carer's leave under this
clause where another person has taken leave to care for the same person.
37.3.5
Carer's leave may be taken for part of a single shift/day.
37.3.6
For casual Employees, carer's leave is unpaid leave.
37.4 Leave Donation
37.4.1
Employees may donate up to 48 hours of their accrued but untaken personal leave
to a nominated Employee who suffers from a long term or chronic personal illness
or personal injury provided that the donating Employee retains a minimum balance
of 96 hours personal leave for Full-time Employees (pro rata for Part-time
Employees).
37.4.2
Any request as outlined above must be made in writing and is subject to written
approval from the Executive Manager Operations which will not be unreasonably
withheld.
38 Family and Domestic Violence Leave
38.1 General Principles
38.1.1
ESTA recognises that Employees sometimes face situations of violence or abuse
in their personal life that may affect their attendance or performance at work.
Therefore, ESTA is committed to providing support to Employees that experience
Family Violence.
38.1.2
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, legal proceedings and other activities related to,
and as a consequence of, Family Violence.
38.2 Definition of Family Violence
Family Violence includes physical, sexual, financial, verbal or emotional abuse by a family
member as defined by the Family Violence Protection Act 2008 (Vic) (as may be amended
from time to time).
38.3 Eligibility
38.3.1
Leave for Family Violence purposes is available to all Employees with the
exception of Casual Employees.
38.3.2
Casual Employees are entitled to access leave without pay for Family Violence
purposes.
38.4 General Measures
38.4.1 Evidence of Family Violence may be required and can be in the form of an agreed
document issued by the Police Service, a Court, a registered health practitioner, a
Family Violence Support Service, district nurse, maternal and health care nurse,
Lawyer, or a statutory declaration. However, this is at the discretion of the
Executive Manager Operations.
38.4.2
All personal information concerning Family Violence will be kept confidential in line
with ESTA's policies and relevant legislation. No information will be kept on an
Employee's personnel file without their express written permission.
38.4.3
No adverse action will be taken against an Employee if their attendance or
performance at work suffers as a result of experiencing Family Violence.
38.4.4
ESTA will commit to introducing contact/s within the workplace who will be trained
in Family Violence and associated privacy issues. ESTA will advertise the name of
any Family Violence contacts within the workplace.
38.4.5
An Employee experiencing Family Violence may raise the issue with their
immediate supervisor, Family Violence contacts, Union delegate or a People &
Culture representative. The immediate supervisor may seek advice from People &
Culture if the Employee chooses not to see the People & Culture or Family
Violence contact.
38.4.6
Where requested by an Employee, the People & Culture 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 clauses 38.5
and 38.6.
38.4.7
The Employer will develop guidelines to supplement this clause which details the
appropriate action to be taken in the event that an Employee reports Family
Violence.
38.5 Leave
38.5.1
An Employee experiencing Family Violence will have access to 20 days per year of
paid special leave for medical appointments, legal proceedings and other activities
related to 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.
38.5.2 An Employee who supports a person experiencing Family Violence may utilise their
personal/carer's leave entitlement to accompany that person to court, to hospital,
or to care for children. EST A may require evidence consistent with clause 38.4.1
from an Employee seeking to use their personal/carer's leave entitlement under
this clause.
38.6 Individual Support
In order to provide support to an Employee experiencing Family Violence and to provide a safe
work environment to all Employees, EST A will approve any reasonable request from an
Employee experiencing Family Violence for:
38.7 Any changes to an Employee's role will be reviewed at agreed periods. When an Employee is
no longer experiencing Family Violence, the terms and conditions of employment will revert
back to the terms and conditions applicable to the Employee's substantive position (unless
otherwise agreed).
38.8 An Employee experiencing Family Violence will be offered access to the EAP and/or other
available local Employee support resources. The EAP shall include professionals trained
specifically in Family Violence.
38.9 An Employee that discloses that they are experiencing Family Violence will be given information
regarding current support services.
38.10 An Employee providing support to an Immediate Family Member who is experiencing Family
Violence, upon request, will be considered for a flexible working arrangement.
39.1 An Employee other than a Shift Worker shall be entitled to public holidays on the days declared
or proclaimed by the Victorian Government. Currently those days are:
39.2 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on
27 December.
39.3 When Boxing Day is a Saturday or a Sunday, an additional holiday shall be observed on 28
December.
39.4 When New Year's Day is a Saturday or a Sunday, an additional holiday shall be observed on
the next Monday.
39.5 When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on the next
Monday.
39.6 Additional Public Holidays
Where the Victorian Government declares or prescribes additional public holidays on days other
than those specified in accordance with clause 39.1, those days shall constitute additional
holidays for the purpose of this Agreement.
39.7 Substitute Public Holidays
Where the Victorian Government declares or prescribes that another day, days or half days
shall be substituted (a day in lieu or additional day) for those specified in accordance with
clause 39.1, those substitute days or half days shall be treated as public holidays for the
purpose of this Agreement.
39.8 Alternative or Public Holidays by Agreement
By agreement between EST A and a majority of affected Employees, an alternative day may be
taken as the public holiday in lieu of any of the prescribed days (as detailed in clause 39.1 ). Any
such agreement shall be recorded in writing and be available to every affected Employee.
39.9 Employees are entitled to payment at double the ordinary time rates for all Ordinary Hours
worked on public holidays or a nominated alternative public holiday (see clause 39.1 above).
Where a public holiday shift penalty is paid in accordance with clause 26, payment will be at
single time plus the penalty rate detailed in clause 26.1.
39.10 Employees called in to work on a specified public holiday or a nominated alternative public
holiday which is not scheduled as part of their normal roster shall be paid triple time for the
hours worked on that day.
39.11 For pay, shift penalty and Overtime payment purposes, individual Employees may, with the
specific approval of their Executive Manager Operations, substitute another day of religious
significance for Good Friday, Easter Saturday, Easter Sunday, Easter Monday and/ or
Christmas Day.
39.12 Entitlements for Shift Workers in relation to Public Holidays and Substitute Public Holidays
39.12.1 A Shift Worker who is rostered off duty on a public holiday, alternative day or a
substitute day, shall be entitled to a day's salary in respect of that day.
39.14 Absence when rostered on a public holiday
Employees rostered to work on a public holiday and failing to do so, will not be entitled to public
holiday rates for that day.
39.15 Christmas Day
In addition to the benefits provided elsewhere in this clause, an employee who works on
Christmas Day, 25 December, and this day falls on a Saturday or a Sunday, is entitled to
receive the weekend penalty rate plus a loading of 50% in addition to any benefit for the
Substitute Day.
40.1 An Employee working during the transition to or from daylight savings will receive the following:
40.1.1 All Employees who work during daylight savings transition will have no change to
their Base Salary for the pay periods affected. For the avoidance of doubt, all
Employees will be paid their standard 76 hours base rates (pro rata for Part-time
Employees).
41.1 ESTA must make employer contributions to the superannuation fund designated by the
Employee in accordance with the relevant Commonwealth Government superannuation
legislation (provided the fund designated by the Employee can receive funds by electronic funds
transfer).
41.2 Where Employees wish to contribute to the superannuation fund, this may be done by way of
pre-tax salary sacrifice in accordance with and within the limits of superannuation and taxation
legislation and regulations.
42.1 Casual Employees are engaged to work irregular and / or intermittent hours and are paid on an
hourly basis.
42.2 Casual Employees are paid at the ordinary hourly rate paid to Full-time Employees, plus a
loading of 25% for each hour worked.
42.3 Pay rates will be based on the relevant classification and skill level for the duties performed.1
43.1 Part-time Employees:
43.1.1 are engaged to work for a regular, specified number of hours averaging less than 38
hours per week. The minimum shift period is four hours;
43.1.2 have a regular pattern of work which specifies the hours and days of the week to be
worked, unless otherwise agreed; and
43.1.3 have daily commencement and finishing times, unless otherwise agreed.
43.2 These provisions shall be provided to the Employee in writing at the commencement of
employment into a Part-time position and any variation shall be agreed between EST A and the
Employee and recorded in writing.
43.3 Part-time Employees are paid at the ordinary hourly rate paid to Full-time Employees, in
accordance with clause 25.12, for each hour worked.
43.4 Hours worked in excess of the specified Ordinary Hours per shift and per week will be paid at
Overtime rates.
43.5 Pay rates will be based on the relevant classification and skill level for the duties performed.
43.6 Part-time Employees are entitled to paid leave on a pro rata basis compared with the Ordinary
Hours for Full-time Employees, with the exception of the compassionate leave provisions which
are included in clause 36.
There is agreement in principle to the concept of job sharing, provided it is by mutual agreement
and arrangement on a case by case basis under conditions agreed with the Centre
Management. Provided further, that any such agreed arrangement is cost neutral as far as
practicable to ESTA for the shared position.
45.1 Where an Employee is injured and compensation is paid under the Victorian State Accident
Compensation Legislation, ESTA shall pay the Employee accident makeup pay, which is the
difference between the Employee's actual compensation payment and the Employee's ordinary
rate of pay at the date of injury.
45.2 The maximum period of payment of accident makeup pay is 52 weeks. If the Employee has
more than one period of incapacity arising from the same injury, the maximum aggregate
payment for those periods is 52 weeks.
46.1 A representative nominated by a Union covered by this Agreement must be granted up to a
maximum of five days in any one calendar year per Employee group served (i.e. Police (WTC)
Police (Ballarat), Ambulance (Tally Ho) Ambulance (Ballarat), Fire (Tally Ho) and Fire (Ballarat)
to attend industrial/workplace relations training.
46.2 Further periods of leave may only be granted by the Executive Manager Operations.
46.3 Leave granted pursuant to this clause, including any related additional leave, will be subject to
the workplace requirements, but will not be unreasonably refused.
46.4 If the full quantum of training leave prescribed in clause 46.1 is not utilised in the calendar year
as specified, it may be utilised in part or in total in the following year.
47.1 Employees must, whilst on duty (other than on approved casual clothes days), dress in the
EST A uniform and display on their person their photo identification as provided by EST A. The
uniform for Full-time Employees (other than managers, Team Leaders, probationary
Employees, Part-time Employees, casual Employees and pregnant Employees) will comprise:
47.2 Separate but consistent provisions apply to managers, Team Leaders, probationary Employees,
Part-time Employees, casual Employees and pregnant Employees.
47.3 Uniforms will be replaced on a fair wear and tear basis. Generally, this will be after at least 2
years but will not be automatic after 2 years.
ESTA will maintain a salary sacrifice provider to give Employees additional salary sacrifice
options during the life of this Agreement.
ESTA is committed to a collegiate relationship with other emergency services organisations,
and to a healthy workforce, and believes that participation in the Victoria Police and Emergency
Services Games fosters these outcomes. As such, ESTA agrees to reimburse the registration
fees and any approved uniform costs that are incurred as a result of an Employee's participation
in the Games.
ESTA will provide appliances and other equipment necessary for the consumption of meals, tea,
coffee, milk, and sugar at each work location. ESTA will also provide a Union notice board at
each work location.
It is a condition of employment that Employees shall not be on ESTA premises or be involved in
any operation of the business while in any way influenced by illicit drugs or any other
substances which may impair their performance, or with a blood alcohol level exceeding zero.
EST A will maintain a Peer Support Program during the life of the Agreement.
53 ESTA Policies, Procedures and Protocols
ESTA shall ensure that all relevant policies, procedures and protocols are communicated in
writing to Employees. Employees shall familiarise themselves with and abide by all of these
provisions, especially the Standard Operating Procedures and Control Room Protocols, or
equivalent.
54.1 Any dispute or grievance:
54.2 If after following steps in sub-clause 54.1, the dispute remains unresolved, it may be referred to
the FWC for conciliation, and where necessary, arbitration to determine the matter. The
decision of the FWC must be accepted by the parties subject to any appeal available.
54.3 Any dispute or grievance regarding matters pertaining to the relationship between Unions and
EST A shall be submitted to the Head of People and Culture or delegate. If not resolved after
this, it may be referred to the FWC for conciliation and, by agreement from the parties,
arbitration.
54.4 Employee(s) shall be entitled to have a representative, who may be a Union representative
present at any or all steps in this procedure.
54.5 Steps 1 to 3 in clause 54.1 shall normally take place within a period of fourteen consecutive
days and disputes/grievances should be resolved at the local level where possible.
54.6 During this disputes resolution process, both ESTA and the aggrieved Employee(s) shall cooperate
to ensure that these procedures are carried out expeditiously.
54.7 Until the dispute/ grievance is determined, work shall continue normally in accordance with the
existing work practices before the subject matter of the dispute/ grievance arose.
54.8 No party shall be prejudiced as to the final settlement by the continuance of work in accordance
with this procedure.
54.9 Resolution of occupational health and safety issues under this clause are subject to the relevant
state occupational health and safety legislation and are not subject to clause 54.7.
55.1 Employment may be terminated by either ESTA or an Employee on the basis of the following
notice, in writing, or payment in lieu of notice:
55.2 The period of notice by ESTA is increased by one week if the Employee is over 45 years of age
and has completed at least two years continuous service.
55.3 At the date of separation, an Employee must return to EST A:
55.4 The summary dismissal of any Employee shall be in accordance with EST A's policies and
procedures which shall be consistent with the provisions of the FW Act and FW Regulations.
55.5 Clause 55 does not apply to casual Employees.
56.1 If, during or after this Agreement, the business (including a part of the business) is transmitted
from ESTA ("transmittor") to another employer ("transmittee"), (whether such transmission is
immediate or not) and an Employee who at the time of such transmission is an Employee of
the transmittor in that business, becomes an employee of the transmittee:
56.1.1 the continuity of service of the employment of the Employee will be deemed not to
have been broken by reason of such transmission (for all purposes, including
redundancy); and
56.1.2 the period of employment that the Employee has had with the transmittor, or any prior
transmittor will be deemed to be service of the Employee with the transmittee (for all
purposes, including the calculation of redundancy payments).
57.1 For the purposes of ensuring compliance with this Agreement and the FW Act, an official of a
Union who has been issued with an entry permit by the FWC pursuant to section 512 of the
FW Act will be permitted access to the workplace provided he/she complies with the
provisions set out in Part 3-4 of the FW Act.
57.2 A permit holder may only enter the workplace for the purposes permitted by and in compliance
with the provisions of Part 3-4 of the FW Act.
57.3 Subject to clauses 57.1 and 57.2, a permit holder may enter the premises and shall adhere to
the principles that he/she must not intentionally hinder or obstruct any person, or otherwise act
in an improper manner.
Officials of the Unions that are parties to this Agreement will be able to attend induction for new
Call-takers in the relevant service for a thirty minute time period at a time to be mutually agreed
between the parties.
59.1 Employees may, by majority vote, appoint an Employee as an Employee Representative.
ESTA must be notified of any appointed Employee Representative.
59.2 The relevant Union may, in accordance with their Rules, appoint an Employee as an
Employee Representative. ESTA must be notified of any appointed Employee
Representative.
59.3 Subject to clause 59.4, an Employee Representative appointed in accordance with this
clause will be granted the necessary access to the workplace and paid time during working
hours to exercise their functions as customarily observed in the organization, including
advice, assistance, support, representation to Employees on local, industrial and
employment issues, including disputes and grievances.
59.4 An Employee Representative can only exercise their functions under clause 59.3 if they
have:
59.5 An Employee Representative can only exercise their functions under clause 59.3 at another
section or place of work if they have notified the Supervisor/Manager of that section or place
of work of the:
59.6 The approval referred to in clause 59.4.1 will not be unreasonably withheld.
59. 7 The Employee Representative must also inform the Team Leader/Manager of their departure
upon concluding their visit.
60.1 A Consultative Committee of both the Unions and EST A's representatives will meet as a
formal means of consulting regarding significant matters which impact or may impact on
Employees or which may be potential areas of dispute.
60.2 The Consultative Committee shall consist of:
60.3 The Committee shall meet as required and at least four times a year.
60.4 For the avoidance of doubt, consultation means the full, meaningful and frank discussion of
issues/proposals and the consideration of each party's views prior to ESTA management
implementing any outcome.
60.5 Any Employee of ESTA participating in consultation as a representative of a Union/swill do so
in accordance with the following arrangements:
60.5.3 Travel reimbursement is not payable if:
60.5.4 ESTA will make a Myki (or equivalent) card available as an alternative.
61 Provision of Information to Consultative Committee
61.1 ESTA provides 24-hour emergency call-taking and dispatch services for police, fire,
ambulance and SES which is maintained by dedicated and highly skilled staff across multiple
sites. It is the responsibility of EST A to organise staffing levels that meet the needs of the
Victorian community and Victoria's emergency services, while also providing Employees a
working environment that is safe and without risks to their health.
61.2 Monitoring and maintaining an effective service to the community and a resilient workforce is a
shared responsibility. In this context, ESTA will regularly share information with Employees
and Unions to monitor staffing levels across the service. This consultation will occur through
the Consultative Committee.
61.3 For the purposes of these discussions, ESTA will provide the Consultative Committee with the
following information on a monthly basis:
61.4 Using this data, the Consultative Committee can make recommendations on varied issues
including, but not limited to:
62.1 A dispute about a disciplinary matter will be dealt with under clause 54 (Settlement of
Disputes).
62.2 Formal warnings which are more than 12 months old will not be relied on in future disciplinary
actions other than in relation to repeated behaviours.
63. i No extra claim shall be made during the life of this Agreement.
63.2 No Employee shall suffer any reduction in pay and or conditions as a consequence of the
application of this Agreement unless otherwise specified in a clause of this Agreement. For the
avoidance of doubt any Employee who is currently at Level 4 will remain at Level 4.
(a) Police WTC rotation comprises of 2 dayshifts, 1 rostered day off, 2
nightshifts, 3 rostered days off. Every fourth rotation, Early Knock Off Shifts
are worked instead of the 2 nightshifts.
(b) Police Ballarat rotation comprises of 2 dayshifts, 2 nightshifts, followed by 4
consecutive rostered days off. Every fourth rotation, Early Knock Off Shifts
are worked instead of the 2 nightshifts.
(a) Police WTC- 0700-1900 dayshift, 1900-0700 nightshift
(b) Police Ballarat - 0700-1900 dayshift, 1900-0700 nightshift
(a) Two 10-hour dayshifts, one rostered day off, two 10-hour day shifts, two
rostered days off.
(b) Four 10-hour dayshifts, three rostered days off.
(c) Five 8-hour dayshifts, two rostered days off.
(a) a roster whereby a Full-time Employee works a mutually agreed roster
pattern with Ordinary Hours averaging 38 hours per week, but does not work
on Roster A, B, C or D; or
(b} a roster whereby a Part-time Employee (as per clause 43) works less than
38 Ordinary Hours per week but does not work on Roster A, B, C or D.
(a) Per Roster Cycle (8 Weeks)-16 Hours;
{b) Per 4 shift Rotation - 2.28571 Hours;
(c) Per 12 hour shift - 0.57145 Hours;
(d) Per hour - 0.04762 Hours; and
(e) Per minute - 0.00079 Hours.
(a) This option can be used at any time.
(b) Employees responding to requests for Overtime may elect to work the shift
as Make Up Hours on the following conditions:
12.15.6.b.1
if electing to work an Overtime vacancy as Make Up Hours,
then Overtime rates will not apply, however penalties, as per
clause 26, will apply;
12.15.6.b.2
priority shall be given to those who elect to have the Overtime
vacancy scheduled as Make Up Hours;
12.15.6.b.3
priority will be given to the Employee with the highest Make Up
Hours balance subject to 12.15.6.b.4;
12.15.6.b.4
Make-up Hours will be scheduled in the same way as Overtime
vacancies as per the EST A Shift Vacancy and Overtime
Allocation Guidelines; and
12.15.6.b.5
an Employee may choose to work Make Up Hours in place of a
shift swap or Overtime to attend a meeting - this includes, but
is not limited to, bargaining meetings (clause 5.4), Union
Consultative Committee meetings (clause 60), OH&S meetings
(clause 9), team leader meetings or workplace trainer meetings.
(a) 4 to 12 hours;
(b) 8to12hours;or
(c) 12 hours.
WFM must roster these shifts within the following restrictions:
(d) shifts will be notified to the Employee in accordance with clause 15.8;
(e) shifts must have a 10-hour break from work either side;
(f) no more than one Make Up Hours shift can be worked in the same rotation;
(g) a Make Up Hours shift rostered within 24 hours following the cessation of a
night shift is restricted to another night shift only; and
(h) once rostered, these scheduled shifts are treated as normal Ordinary Hours
shifts - shifts will not be rescheduled unless mutually agreed between the
employee and EST A.
12.16.1 Employees will be given eight weeks' notice for conversion hours shifts;
12.16.2 Employees will not be rostered for more than five shifts within an eight or nine day
roster cycle;
12.16.3 Part time Employees will not be rostered for more than one additional shift within a
rotation unless by agreement.
12.16.4 Preference will be given to employees working conversion hours in lieu of EKO;
12.16.5 Employees are allowed to utilise leave entitlements to reduce their conversion
hours.
12.17 Training and Conversion hours
12.17.2 There will be no requirement for employees to make up conversion hours as a
result of participating in training where those hours are 8 or less. Where the hours
are more than 8, the additional hours (over 8 hours) to be made up will be
determined by ESTA in consultation with the affected employee.
14.6.1
a "WIL Payment"; or
14.6.2
a "WIL Time in Lieu"
14.8.2
The approval to take the leave shall be fair and equitable to all Employees and
shall take into consideration ESTA's operational requirements.
14.8.3 Accrued "WIL Time in Lieu" not taken at the end of the second calendar year after
it has accrued will be paid to the Employee as a WIL Payment
15.3.1
The 15% will be calculated as a proportion of the total FTE of call-takers whose
primary skill lies in that service.
15.3.2
The 15% will not include those on individually negotiated flexible arrangements.
15.3.3
Non-standard rosters are defined as rosters to which the following parameters
apply:
(a) no more than one weekend in every two; weekends are defined as the
period between 9:00pm Friday night and midnight Sunday night;
(b) a minimum rest period of ten hours between rostered shifts; and
(c) rostered hours of work to be no more than an average of 32 hours per week.
15.7.1
Any fire Call-taker who was on Roster C at the commencement of this Agreement
may choose to preserve their entitlement to work on Roster C for the time that they
are a fire Call-taker.
15.7.2
Any fire Call-taker who was on Roster C at the commencement of this Agreement
may choose to preserve their entitlement to work on Roster C if they become a fire
Dispatcher within the first three years of this Agreement. This entitlement will be
preserved for the period that the Employee holds a primary fire Dispatcher role.
15.7.3
ESTA will, within the first 18 months of the Enterprise Agreement, recruit 4 Fire
calltakers directly into Ballarat SECC and 4 Fire calltakers directly to Tally Ho
SECC on either Roster A or Roster B. These calltakers will fall within current
budgeted FTE for Fire and will not be in addition to existing budget.
16.1.1
offer shift change/swift swap by mutual agreement;
16.1.2
offer Overtime in compliance with ESTA guidelines; and
16.1 .3
utilise Multi-skilled Employees on shift.
17.5.1
rosters;
17.5.2
recruitment and induction;
17.5.3
training; and
17.5.4
attrition rates.
20.2.1
this payment applies if a representative of ESTA requests the shift swap within the
5 day period;
20.2.2
this payment will not be paid if an Employee requests to work a change of shift;
and
20.2.3
a "day" means 24 hours prior to the commencement of the shift.
21.1.1
Full-time Call-takers - 12 hours during every three rotations in their additional
service;
21.1.2
Full-time Dispatchers - 24 hours during every three rotations in their additional
service. ESTA will use best endeavours to roster these hours consecutively; and
21.1.3
Part-time Employees - hours on a pro-rated basis compared to their Full-time
equivalents in their additional service.
21.3.2
if the remaining Maintenance Hours are to be performed at a work location other
than the Multi-skilled Employee's usual work location, the Employee will be
provided with one weeks' clear notice while the Employee is on shift of when they
will perform the remaining Maintenance Hours in their additional service or the
relevant Employee and ESTA may, by mutual agreement, determine when the
remaining Maintenance Hours are performed. Any travel will be in accordance with
clause 10.
(a) ESTA support for continuing education may be available subject to existing
EST A policy. This is subject to the course being approved by EST A as
relevant to the Employee's career development within ESTA.
(b} Assistance can be provided for reimbursement of costs associated with
tuition fees and prescribed text books and materials up to the limits
prescribed in the policy.
Base Salary before Effective 17 Effective 1
Classification Level commencement of
Agreement June 2019 July 2020
Trainee Call-taker $44,242 $45,348 $46,481
Call-taker 1 $49,773 $51,017 $52,292
Call-taker 2 $55,303 $56,686 $58,103
Call-taker 3 $59,118 $60,596 $62,111
Call-taker 4 $63,391 $64,976 $66,600
Call-taker WPT 3 $65,116 $66,744 $68,412
Call-taker WPT 4 $69,404 $71,139 $72,917
Trainee Dispatcher $53,396 $54,731 $56,099
Dispatcher 1 $60,072 $61,574 $63,113
Dispatcher 2 $66,745 $68,414 $70,124
Dispatcher 3 $70,558 $72,322 $74,130
Dispatcher 4 $74,915 $76,788 $78,707
Call-taker and
Dispatcher WPT 3 $76,557 $78,471 $80,432
Call-taker and
Dispatcher WPT 4 $80,928 $82,951 $85,024
Off-Shift WPT $90,702 $92,970 $95,294
ATL $79,825 $81,821 $83,866
Team Leader 1 $82,978 $85,052 $87,178
Team Leader 2 $86,865 $89,037 $91,262
Initial Salary 15 August 2020 1 July 2021 1 July 2022
Trainee Call-taker (base
upon which all increments $46,481 $47,643 $48,834
are aoolied)
ATL Level 1 $83,866 $85,963 $88,112
ATL Level 2 (Multi-skilled) $89,303 $91,536 $93,824
Team Leader $97,182 $99,612 $102,102
Increment Starting amount 1 July 2021 1 July 2022
1 year Call-taker $6,000 $6,150 $6,304
2 vear Call-taker $4,000 $4,100 $4,203
1 year Dispatcher $6,000 $6,150 $6,304
2 vear Dispatcher $2,000 $2,050 $2,101
ERTCOMM Call-taker $2,500 $2,563 $2,627
NETCOMM Call-taker $2,500 $2,563 $2,627
CF A Call-taker $2,500 $2,563 $2,627
MFB Call-taker $2,500 $2,563 $2,627
Vicpol Call-taker $2,500 $2,563 $2,627
SES Call-taker $2,500 $2,563 $2,627
ERTCOMM Dispatcher $2,500 $2,563 $2,627
NETCOMM Dispatcher $2,500 $2,563 $2,627
MFB Dispatcher $2,500 $2,563 $2,627
CFA Dispatcher $2,500 $2,563 $2,627
Vicool Disoatcher $2,500 $2,563 $2,627
SES Dispatcher $2,500 $2,563 $2,627
On-shift WPT $6,000 $6,150 $6,304
Off-shift WPT (paid in $5,253
addition to the On-shift $5,125
WPT increment) $5,000
3 years of service $1,025 $1,051
increment $1,000
25.4.1 The Trainee Call-taker and Trainee Dispatcher salaries shall be payable from
commencement of employment until the Employee has successfully completed the
relevant Call-taker I Dispatcher training (i.e. signed off as having successfully
completed the classroom training). From that time, they will progress to Level 1
Call-taker and Level 1 Dispatcher as appropriate.
25.4.2
A Call-taker training as a Dispatcher will be paid at their current rate or the Trainee
Dispatcher rate, whichever is the higher.
25.4.3
The salary for Level 1 Call-taker and Level 1 Dispatcher shall be payable up to the
first anniversary of the date the Employee commenced being paid at Level 1 Call-
taker or Level 1 Dispatcher, as appropriate. From that time the Employee will
progress to Level 2 Call-taker or Level 2 Dispatcher as appropriate.
25.4.4 Except as provided in clause 25.4.5, the salary for Level 2 Call-taker and Level 2
Dispatcher shall be payable up to at least the first anniversary of the date the
Employee commenced being paid at Level 2 Call-taker or Level 2 Dispatcher, as
appropriate. From that time the Employee will progress to Level 3, unless, at the
time of advancement to Level 3 their performance is being managed in accordance
with a current performance improvement plan. Those Employees will be advanced
to Level 3 as soon as their performance improvement plan is successfully
completed. A performance improvement plan will not be initiated prior to
appropriate consultation with the Employee and the conduct of a formal Employee
interview. The Employee has the right at any time to lodge a dispute or grievance
under clause 54 (Settlement of Disputes).
25.4.5 Following the completion of the period specified in clause 25.4.4, the salary for
Level 2 Call-taker shall continue to be paid to Employees who gain and maintain
their accreditation in call-taking for the NETCOMM service only.
25.4.6 Following the completion of the period specified in clause 25.4.4, the salary for
Level 2 Dispatcher shall continue to be paid to Employees who gain and maintain
their accreditation in Dispatching for the SES service only.
25.4. 7 The salary for Level 3 Call-taker shall be paid to Employees who gain and maintain
their accreditation in call-taking for police or fire or ERTCOMM.
25.4.8 The salary for Level 3 Dispatcher shall be paid to Employees who gain and
maintain their accreditation in Dispatching for police or fire or ERTCOMM or
NETCOMM.
25.4.9 A Call-taker who, having completed training as a Dispatcher is undertaking their
period of training or consolidation as defined in clauses 25.4.1 and 25.4.4 will be
paid at their current rate, or the appropriate Dispatcher rate, whichever is the
higher.
25.4.10 The salary for Level 4 Call-taker shall be paid to Employees who gain and maintain
their accreditation in call-taking for at least three emergency services including any
two of the following - police, fire, ERTCOMM, NETCOMM or SES. For the
avoidance of doubt where a fire Call-taker multi-skills in NETCOMM call-taking
ESTA will (at the same time) provide the Call-taker with the opportunity to train in
SES call-taking (as a stand-alone training module) or otherwise make a one off
$1,000 payment to the Call-taker.
25.4.1 1 The salary for Level 4 Dispatcher shall be paid to Employees who gain and
maintain their accreditation in Dispatching for at least three emergency services
including any two of the following - police, MFB, CFA, ERTCOMM or NETCOMM.
25.4.12 Call-taker WPT Level 3 - salary shall be paid upon: successfully being appointed
into a Call-taker WPT Level 3 role; successfully completing an accredited
Certificate IV in Assessment and Workplace training; and gaining and maintaining
accreditation as a Call-taker Level 3.
25.4.13 Call-taker and Dispatcher WPT Level 3 - salary shall be paid upon: successfully
being appointed into a Call-taker and Dispatcher WPT Level 3 role; successfully
completing Certificate IV in Assessment and Workplace training; and gaining and
maintaining accreditation as a Call-taker and Dispatcher Level 3.
25.4.14 Call-taker WPT (Multi-skilled Employee) Level 4: - salary shall be paid upon:
successfully being appointed into a Call-taker WPT (Multi-skilled Employee) Level
4 role; successfully completing Certificate IV in Assessment and Workplace
training; and gaining and maintaining accreditation as a Call-taker Level 4.
25.4.15 Call-taker and Dispatcher WPT (Multi-skilled Employee) Level 4 - salary shall be
paid upon: successfully being appointed into a Call-taker and Dispatcher WPT
(Multi-skilled Employee) Level 4 role; successfully completing Certificate IV in
Assessment and Workplace training; and gaining and maintaining accreditation as
a Call-taker and Dispatcher Level 4.
25.4.16 The salary for Level 2 Team Leader shall be paid to Team Leaders who
successfully complete the ESTA Diploma of Management.
25.4.17 The salary for Level 1 Team Leader shall be paid to Employees who have been
appointed to the role of Team Leader but have not successfully completed the
EST A Diploma of Management.
25.4.18 Existing Team Leaders appointed to the position at the date of commencement of
this Agreement, who do not meet the qualification requirement will continue to be
paid at the Level 2 pay rate if they have received or are receiving this pay rate.
25.4.19 Re-accreditation and establishment of the competencies must be obtained
annually to remain at Call-taker and Dispatcher Levels 3 or 4. Retention at those
Levels will not be jeopardised by lack of access to, or opportunity for, training or
practice.
25.4.20 EST A will not compel multi-skilled Call-taker WPT and Call-taker and Dispatcher
WPT to train in their additional service if they do not have a sufficient level of
comfort in their own skill level to do so.
25.4.21 ESTA will engage two Assistant Team Leaders per team.
25.4.22 All Assistant Team Leaders will be qualified Call-takers and Dispatchers.
25.4.23 All Assistant Team Leaders will be qualified in the service in which they seek to be
appointed as Assistant Team Leaders.
(a) Victoria Police (Police);
(b) ERTCOMM;
(c) NETCOMM;
(d) State Emergency Service (SES); and
(e) Metropolitan Fire & Emergency Services Board (MFB) / CFA- Fire (one
service).
(a) Victoria Police (VicPol);
(b) ERTCOMM;
(c) NETCOMM;
(d) State Emergency Service (SES);
(e) Metropolitan Fire & Emergency Services Board (MFB); and
(f) CFA.
25.6.2
Under the classification structure commencing from 15 August 2020, all
Employees' salaries will be built on the classification of Trainee Call-Taker with
additional increments (some of which are time-based and some of which are skillsbased)
payable in accordance with the table below.
25.6.3
All new employees engaged by EST A will be engaged in one of the following
primary streams consisting of two skill sets:
(a) Police and SES; or
(b) CFA and MFB; or
(c) Ertcomm and Netcomm.
Increment Event which triggers entitlement to increment
1 Year Call-taker 1 year from date of commencement of employment as
a Call-taker
2 Year Call-taker 2 years from date of commencement of employment as
a Call-taker
1 Year Dispatcher 1 year from date of classroom signoff on first
Dispatcher skills increment
1 Year Dispatcher 2 years from date of classroom signoff on first
Dispatcher skills increment
ERTCOMM Call-taker Date of classroom siqnoff
NETCOMM Call-taker Date of classroom siqnoff
CFA Call-taker Date of classroom siqnoff
MFB Call-taker Date of classroom siqnoff
VicPol Call-taker Date of classroom signoff
SES Call-taker Date of classroom siqnoff
ERTCOMM Dispatcher Date of classroom sionoff
NETCOMM Dispatcher Date of classroom sionoff
MFB Dispatcher Date of classroom sionoff
CFA Dispatcher Date of classroom sionoff
VicPol Dispatcher Date of classroom sionoff
SES Dispatcher Date of classroom sionoff
On-shift WPT Date of contract as on shift WPT
Off-shift WPT Date of contract as Off-shift WPT (this increment will
always be in addition to the On-shift WPT increment)
3 Years of Service 3 vears from date of commencement of emoloyment
(a) 1 July 2019 - $3.25;
(b) 1 July 2020 - $3.33;
(c) 1 July 2021 -$3.41; and
(d) 1 July 2022 - $3.50.
gross annual salary
------------------------------------------ = $ hourly rate
average Full-time Ordinary Hours per annum
The "$ hourly rate" is multiplied by 38 hours to calculate an average weekly rate.
Shift Definition Rate
Afternoon A shift commencing after noon where at least half of the 15%
(Monday to shift is worked after 6 pm.
Friday)
11am to 11pm shift .
Night (Except Where at least half of the shift is worked after 11 pm . 25%
where Saturday, Where an equal number of hours are worked before and
Sunday orPublic after midnight Friday, the Saturday rate applies.
Holiday rates
aooly)
Saturday Where at least half of the shift is worked between 50%
midnight Friday and midnight Saturday, except where
an equal number of hours are worked before and after
midnight Saturday, the Sunday rate applies.
Sunday Where at least half of the shift is worked between 100%
midnight Saturday and midnight Sunday.
6:30pm Sunday to 6:30am Monday shift .
7om Sunday to 7am Monday shift .
Public Holiday Where at least half of the shift is performed on the 150%
public holiday.
Where the shift commences at 6:30pm on the Public
Holiday and concludes at 6:30am the following day.
Where the shift commences at 7pm on the Public
Holiday and concludes at 7am the following day.
28.2.1
any risk to Employee health and safety;
28.2.2
the Employee's personal circumstances including any family responsibilities;
28.2.3
the needs of the workplace or enterprise;
28.2.4
the notice (if any) given by ESTA of the Overtime and by the Employee of his or
her intention to refuse it; and
28.2.5 any other relevant matter.
28.6.1
the time off granted would be no more than the actual time worked;
28.6.2
an Employee may take a maximum of two days at a time;
28.6.3
an Employee may bank a maximum of four days / shifts in total
28.6.4 the time off may be taken at a time agreed between the Employee and the relevant
manager, and must take into consideration operational requirements; and
28.6.5 the granting of the time off will not be unreasonably refused.
29.2.1
1 July 2019 - $22.96;
29.2.2
1 July 2020 - $23.53;
29.2.3
1 July 2021 - $24.12; and
29.2.4
1 July 2022 -$24.73.
the Employees affected and their Union or other representative will be advised in writing as
soon as practicable.
(a} Variation will be by agreement with the majority (50%+1) of Employees
affected.
(b} Any proposed variation must give regard to the conditions contained in
clause 12 (Hours of Work) and be discussed between the parties, with a
view to reaching agreement, prior to being put to a vote.
(c) The process for conducting, returning and counting the ballots shall be
agreed between the parties to this Agreement for each ballot.
(a) Long service leave shall be in accordance with the Long Service Leave Act
1992 (as amended). (i.e. at the rate of 13 weeks leave on ordinary pay on
completing 15 years continuous employment with ESTA (and ECV and
Intergraph BEST (Vic) Pty Ltd).
(a) At the rate of 13 weeks leave on ordinary pay on completing 10 years
continuous employment with ESTA (and ECV and Intergraph BEST (Vic) Pty
Ltd).
35.1.1 the leave is associated with:
(a) the birth of a child of the Employee or the Employee's Spouse; or
(b} the placement of a child with the Employee for adoption; and
(c) the placement of a child under a permanent care order.
35.1.2 the Employee has or will have a responsibility for the care of the child.
35.2.1 Eligible Casual Employee means a casual Employee:
(a) employed by the Employer on a regular and systematic basis for a
continuing period or sequence of periods of employment during a period of
at least twelve months; and
(b) who has, but for accessing parental leave under this clause, a reasonable
expectation of continuing employment by the employer on a regular and
systematic basis.
(a) in relation to birth-related leave, a child (or children from a multiple birth) of
the Employee or the Employee's Spouse;
(b) in relation to adoption-related leave, a child (or children) who will be placed
with an Employee, and:
35.2.3.b.1 who is, or will be, under 16 as at the day of placement, or the expected day
of placement;
35.2.3.b.2 has not, or will not have, lived continuously with the Employee for a period
of 6 months or more as at the day of placement, or the expected day of
placement; and
35.2.3.b.3 is not (otherwise than because of the adoption) a child of the Employee or
the Employee's spouse.
Paid leave Unpaid leave Total
Primary Caregiver
More than 12 months service 14 weeks at full pay (or Up to 38 weeks 52 weeks
28 weeks at half pay)
Less than 12 months service - Up to 52 weeks 52 weeks
Eligible casual employee - Up to 52 weeks 52 weeks
Secondary Caregiver
More than 12 months service 2 weeks Refer FW Act 2
Less than 12 months service - - -
Eligible casual employee - - -
Permanent care leave
More than 12 months service 14 weeks at full pay (or Up to 38 weeks 52 weeks
28 weeks at half pay)
Less than 12 months service - Up to 52 weeks 52 weeks
(a) 14 weeks paid parental leave; and
(b} up to 38 weeks unpaid parental leave.
(a) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or
adoption of their Child;
(b) if their Spouse has received, or will receive, paid maternity leave, primary
caregiver entitlements, or a similar entitlement, from their employer; or
(c) if the Employee has received, or will receive, Secondary Caregiver parental
leave entitlements in relation to their Child.
(a) continues to work within a six-week period immediately prior to the expected
date of birth of the child; or
(b) is on paid leave under clause 35.10.2.
(a) does not give the Employer the requested certificate within seven days of the
request; or
(b) gives the Employer a medical certificate stating that the Employee is unfit to
work.
(a) when the Employee is certified unfit to work during the six-week period
before the expected date of birth by a registered medical practitioner; or
(b) when the Employee's pregnancy results in the birth of a living child or when
the Employee's pregnancy ends otherwise than with the birth of a living
child.
(a) that the Employee will become either the Primary Caregiver or Secondary
Caregiver of the Child, as appropriate;
(b) the particulars of any parental leave taken or proposed to be taken or
applied for by the Employee's Spouse; and
(c) that for the period of parental leave the Employee will not engage in any
conduct inconsistent with their contract of employment.
(a) in the case of birth-related leave, the date of birth of the Child (including
without limitation, a medical certificate stating the date of birth or expected
date of birth); or
(b) 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.
35.12.4 An Employee will not be in breach of this clause if failure to give the stipulated
notice is occasioned by confinement or placement occurring earlier than the
expected date or in other compelling circumstances. In these circumstances the
notice and evidence requirements of this clause should be provided as soon as
reasonably practicable.
(a) An Employee who is on an initial period of parental leave of less than 52
weeks under clause 35.4 or 35.5, may extend the period of their parental
leave on one occasion up to the full 52 week entitlement.
(b) The Employee must notify the Employer in writing at least four weeks prior to
the end date of their initial parental leave period. The notice must specify the
new end date of the parental leave.
(a) An Employee who is on parental leave under clause 35.4 or 35.5 may
request an extension of unpaid parental leave for a further period of up to 12
months immediately following the end of the current parental leave period.
(b) In the case of an Employee who is a member of an employee couple, the
period of the extension cannot exceed 12 months, less any period of
parental leave that the other member of the Employee couple will have taken
in relation to the Child.
(c) The Employee's request must be in writing and given to the Employer at
least 4 weeks before the end of the current parental leave period. The
request must specify any parental leave that the Employee's spouse will
have taken.
(d) The Employer shall consider the request having regard to the Employee's
circumstances and, provided the request is based on the Employee's
parental responsibilities, may only refuse the request on reasonable
business grounds.
(e) The Employer must not refuse the request unless the Employer has given
the Employee a reasonable opportunity to discuss the request.
(f) The Employer must give a written response to the request as soon as
practicable, and no later than 21 days after the request is made. The
response must include the details of the reasons for any refusal.
(a) The total period of parental leave, including any extensions, must not extend
beyond 24 months.
(b) In the case of an employee Couple, the total period of parental leave for both
parents combined, including any extensions, must not extend beyond 24
months. The Employee's entitlement to parental leave under clause 35.4 or
35.5 will reduce by the period of any extension taken by a member of the
couple under clause 35.18.
(b) In the case of adoption, where the placement of an eligible child with an
Employee does not proceed or continue, the Employee will notify the
Employer immediately and the Employer will nominate a time not exceeding
four weeks from receipt of notification for the Employee's return to work.
(a) At least four weeks prior to the expiration of parental leave, the Employee
will notify the Employer of their return to work after a period of parental
leave.
(b) Subject to clause 35.21.2(c), an Employee will be entitled to the position
which they held immediately before proceeding on parental leave. In the
case of an Employee transferred to a safe job pursuant to clause 35.10
above, the Employee will be entitled to return to the position they held
immediately before such transfer.
(c) Where such position no longer exists but there are other positions available
which the Employee is qualified for and is capable of performing, the
Employee will be entitled to a position as nearly comparable in status and
pay to that of their former position.
(a) To assist an Employee in reconciling work and parental responsibilities, an
Employee may request to return to work at a reduced time-fraction until their
Child reaches school age, after which the Employee will resume their
substantive time-fraction.
(b) Where an Employee wishes to make a request under clause 35.21.3(a),
such a request must be made as soon as possible but no less than seven
weeks prior to the date upon which the Employee is due to return to work
from parental leave.
(a) make information available in relation to any significant effect the change will
have on the status or responsibility level of the position the Employee held
before commencing parental leave; and
(b) provide an opportunity for the Employee to discuss any significant effect the
change will have on the status or responsibility level of the position the
Employee held before commencing parental leave.
36.1.1
contracts or develops a personal illness that poses a serious threat to his or her
life;
36.1.2
sustains a personal injury that poses a serious threat to his or her life; or
36.1.3
dies.
37.1 2
personal / carer's leave may be taken for part of a single day/shift;
27.1.3
unused personal / carer's leave shall be cumulative; and
37.1.4
entitlements to personal/carer's leave are not subject to a cash payment on
termination of employment.
(a) in respect of 34.2 hours of paid personal leave (within any 12 month period)
no medical certificate or statutory declaration is required. This is not
cumulative.
(b) for all other personal leave absences the Employee must provide a medical
certificate from a duly qualified medical practitioner (i.e. doctor of medicine,
dentist, podiatrist, optometrist, psychologist, physiotherapist or chiropractor)
or a statutory declaration.
(a) a personal illness, or personal injury, affecting the member; or
(b) an unexpected emergency affecting the member.
(a) a spouse, de facto partner, child, parent, Full-time guardian, ward,
grandparent, grandchild or sibling of the Employee; or
(b) a child, parent, Full-time guardian, ward, grandparent, grandchild, or sibling
of a spouse or de facto partner of the Employee.
38.6.1
temporary or ongoing changes to their span of hours or pattern of hours and/or
shift patterns;
38.6.2
temporary or ongoing job redesign or changes to duties;
38.6.3
temporary or ongoing relocation to suitable employment;
38.6.4 a change to the Employee's telephone number or email address to avoid harassing
contact;
38.6.5 any other appropriate measure including those available under existing provisions
for family friendly and flexible work arrangements.
39.1.1 New Year's Day;
39.1.2 Australia Day;
39.1.3 Labour Day;
39.1.4 Good Friday;
39.1.5 Easter Saturday;
39.1.6 Easter Sunday;
39.1.7 Easter Monday;
39.1.8 Anzac Day;
39.1.9 Queen's Birthday;
39.1.10 Grand Final Eve;
39.1.11 Melbourne Cup Day (or alternative day for country based Employees);
39.1.12 Christmas Day; and
39.1.13 Boxing Day.
39.12.2 A Full-time Shift Worker is entitled to the following payments in relation to public
holidays (as determined in accordance with clauses 39.1, 39.6, 39.7 and 39.8):
Rostered On Rostered Off Payment- Payment-
Public Holiday Substitute Day
Public Holiday Single time, plus Public N/A
(No substitute Holiday shift penalty
day applicable)
Public Holiday A day's salary at the Single time, plus
(No substitute single time rate, in lieu Public Holiday
day applicable) of the public holiday. The Shift penalty
hours are to be calculated
in the same manner as sick
leave.
Public Holiday Single time- plus Saturday or Single time
and Substitute Sunday shift penalty, plus Public Holiday
Day whichever day is rostered. Shift Penalty
Where Christmas day (Dec 25)
falls on a Saturday or Sunday
an additional 50% loading is
paid
Public Holiday A day's salary at the single N/A
and Substitute time rate, in lieu of the
Day public holiday. The hours are
to be calculated in the
same manner as sick leave.
Public Holiday Substitute Day Single time plus Saturday or A day's salary at
Sunday shift penalty, the single time
whichever day is rostered. rate, in lieu
Where Christmas day (Dec 25) of the public holiday.
falls on a Saturday or Sunday The hours are to be
an additional 50% loading is calculated in the same
paid manner as sick leave.
Substitute Day Public Holiday A day's salary at the single Single time, plus
time rate, in lieu of the Afternoon, night or
public holiday. The hours weekend shift penalty,
hours are calculated in the depending on the day
same manner as sick leave. when work is rostered.
39.13 Part-time Shift Workers are entitled to the same provisions as Full-time Shift Workers except
that their entitlement/ payment will be made proportionate to their hours worked compared with
a 38 hour week.
40.1.2 Sunday penalty rates for both the 13 and 11 hour shifts will apply.
40.1.3 Penalty rates for actual hours worked will apply, (for example, 13 hours on the first
Sunday in April and 11 hours on the first Sunday in October for an Employee who
normally works a 12 hour shift).
47.1.1
Trouser/ skirt/ pant/ shorts - 3 items
47.1.2
Shirt/ polo / blouse - 5 items
47.1.3
Outerwear I knitwear - 2 items
54.1.1 about matter/s pertaining to the employer/employee relationship; and/or
54.1.2 a matter arising under this Agreement; and/or
54.1.3 about the NES;
except termination of employment, shall be dealt with in the following manner:
(a) Step 1: the dispute /grievance will be submitted by the Union and/or
Employee(s) to the Employee's immediate supervisor or other relevant
EST A employee as appropriate to the nature of the dispute/grievance;
(b) Step 2: if not resolved after Step 1, it will then be submitted to the
appropriate senior ESTA employee (generally an Executive Manager
Operations);
(c) Step 3: if not resolved after Step 2, it shall be submitted to the Head of
People and Culture or their delegate.
Employee's period of continuous Period of Notice by Period of Notice by
service with EST ESTA Employee
Up to 3 years At least 2 weeks At least 2 weeks
More than 3 years but not more At least 3 weeks At least 2 weeks
than 5 years
More than 5 years At least 4 weeks At least 2 weeks
55.3.1 all confidential EST A information;
55.3.2 those parts of all notes and other records based on or incorporating confidential
information;
55.3.3 all ESTA's property in an Employee's possession or control, including uniform items
and equipment.
59.4.1 received prior approval of their Team Leader/Manager; and
59.4.2 notified their Team Leader/Manager of any expected absences from their usual
workplace.
59.5.1 general purpose of such visit; and
59.5.2 estimated duration of their visit.
60.2.1
four representatives of management;
60.2.2
one Union delegate for each union at each site where that union has coverage;
and
60.2.3
one Union official from each of the Unions.
60.5.1 if a delegate is working during a consultation meeting, the delegate will be released
from work to attend; or
60.5.2 if a delegate is not working:
(a) ESTA and the delegate will endeavour to arrange a shift swap by agreement; or
(b) if a shift swap cannot be arranged and the delegate attends on a day off, they
will be paid Overtime for the duration of the meeting and reasonable travel time
if the delegate needs to travel to a work location other than his or her usual
place of work at their ordinary rate of pay.
(a) a pool car is available; or
(b) it was practicable to use the pool car to carpool and it was not used.
61.3.1
up to date information on call-taking and dispatch performance;
61.3.2
up to date numbers of operational staff (both FTE and headcount);
61.3.3
up to date budgeted staff requirement;
61.3.4
up to date attrition data;
61.3.5
up to date information on planned recruitment programs; and
information on any proposed changes to recruitment, induction training, mentoring
and consolidation processes.
61.4.1
staffing levels and leave availability (in conjunction with the Leave Working Group);
61.4.2
recruitment planning; and
61.4.3
new recruit training, mentoring and consolidation arrangements designed to deliver
highly capable and resilient Employees into the ESTA workforce.
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