Greyhound Racing Control Board T/A Greyhound Racing Victoria (AG2017/442) COMMISSIONER JOHNS SYDNEY, 10 APRIL 2017

Transcription

1 [2017] FWCA 1980 DECISION Fair Work Act 2009 s.185 Enterprise agreement Greyhound Racing Control Board T/A Greyhound Racing Victoria (AG2017/442) GRV EMPLOYEE ENTERPRISE AGREEMENT 2016 State and Territory government administration COMMISSIONER JOHNS SYDNEY, 10 APRIL 2017 Application for approval of the GRV Employee Enterprise Agreement [1] On 15 February 2017 Greyhound Racing Control Board T/A Greyhound Racing Victoria (Applicant) made an application for approval of the GRV Employee Enterprise Agreement (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement. [2] The Agreement was lodged within 14 days after it was made. [3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the CPSU, the Community and Public Sector Union has indicated its acceptance of the undertakings. [4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met. [5] The CPSU, the Community and Public Sector Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation. 1

2 [2017] FWCA 1980 [6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 April The nominal expiry date of the Agreement is 30 June COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code J, AE PR591693> 2

3 Annexure A GREYHOUND RACING VICTORIA Greyhound RacinQ Victoria Chetwynd Street. West Me bourne. V C 3003 Australia Phone (03)8329UOO F~ (03)83<91000 Ema1 i'l!ot>qrv.or9 au /18" ? 7 8 Ol9 FAIR WORK COMMISSION MattMNo.: Applicant: AG2017/442 Greyhound Racing Control Board (Ia Greyhound Racing VICtoria) Section Application for approval of a single enterprise agreement Undertaking - Section 190 I, Donna King, Manager - People and Culture, for Greyhound Racing Victoria ("Employer"). give the following undertakings with respect to the GRV Employee Enterprise Agreement 2016("the Agreement"): 1. I have the authority given to me by Greyhound Racing VictOfia ("GRV") to provide this undertaking in relation to the application before the Fair Work Commission. 2. In relation to clause 51(e) Notice of Termination, GRV hereby undertakes that it will apply the notice of termination provisions in s.117 of the Fair Worlc Act 2009 (Cth) {"Act") to all employees including apprentices. 3. Rates of Pay - Schedule A- Salaries and Allowances. GRV hereby undertakes that it will ensute that the rates of pay contained In Schedule A for the Professional and Technical streams shall be at any given time. wt11 be 10% higher than the applicable rates contained in the Stale Government Agencies Award 2010 ("Award'). 4. Clause 213- Casual Employment- GRV hereby undertakes that a casual loading of 25% shall be applied to the base rates for all casual employees in addition to any other penalty rates under the Agreement. The above undertakings are provided on the basis of issues raised by the Fair Work Commission regarding the above application before the Fair Work Commission. 4. ~. (}t Date 3

4 GREYHOUNC RACING VICTORIA GRV Emplo'{e~ Enterprise Agreement

5 Contents GRV Employee Enterprise Agreement...,... 1 PART 1-APPLICATION AND OPERATION Title Parties Covered Date and Period of Operation No Extra Claims Exclusion of the Award Defin itions Aim of the Agreement... 5 PART 2 - RESPONSIBILITIES OF GRV The Role of Greyhound Racing Victoria... 5 PART 3- RESPONSIBILITIES OF GREYHOUND RACING VICTORIA EMPLOYEE$ What is expected of each Employee Dress and Image Conflict of Interest... 6 PART 4- WORKING HOURS AND EMPLOYMENT STATUS Ordinary Hours of Work and Rostering Day Work Shift Work Breaks Overtime (General) Overtime on Weekends and Public Holidays- Day Workers Overtime on Weekends and Public Holidays - Shift Workers Loadings and overtime rates not cumulative Or:t call and call out arrangements Employment Status Individual Flexibility Working Arrangements PART 6-WAGES AND RELATED MATTERS Salary Levels and Review Salary Increases and Sign on Bonus Salaries Payment Superannuation Meal Allowance Whilst Working Overtime Travel Usual Place of Work Higher Duties Taxis Home PART 6- BENEFITS AND FACILITIES

6 32. Amenities Parking Education and Training First Aid Insurance PART 7- LEAVE...,...,...,... II Personal/Carer's Leave Compassionate Leave Annual Leave Public Holidays Long Service Leave Community Service & Blood Donor Leave Jury Duty Parental leave Family Violence Leave Leave Without Pay Flexible Time off Accident Compensation PART 8- COUNSELLING, DISCIPLINE AND TERMINATION Unsatisfactory Performance & Actions by Employees Summary Dismissal Termination of Employment (except Casual Employees) Disputes Settling Procedures PART 9-MJSCELLANEQUS... ~ ~ o~.. JIIII s.. I' IR :- II II '* o~ Employment Records Right to Request Flexible Working Arrangements Consultation GRV Policies and Procedures Monitoring of the Agreement Signatories to the Agreement Schedule A -Salaries and Allowances Schedule B- Classification Definitions

7 PART 1 -APPLICATION AND OPERATION I. Title This Enterprise Agreement will be known as the GRV Employee Enterprise Agreement 2016 (the Agreement). 2. Parties Covered 2. J The Agreement Covers: (e) Greyhound Racing Victoria (GRV); The Community and Public Sector Union if it applies to the Fair Work Commission ("FWC") to be covered by the Agreement and such application is granted, and GRV non-executive employees of GRV employed in the grade levels as set out in Schedule A of this Agreement, excluding GRV em~oyees engaged under the classifications covered by the GRV Stewards and Associated Employees Enterprise Agreement 2016 and Executive Officers on GSERP Contracts 2.2 This Agreement is made under Part 2-4 of the Fair Work Act 2009 (the Act) and details the rights and responsibilities of employees who are covered by this Agreement with Greyhound Racing Victoria (GRV). 2.3 The Agreement replaces the GRV Employee Enterprise Agreement Date and Period of Operation 3.J This Agreement will commence operation seven days after the date of Issue of the order from FWC advising that the Agreement has been approved (Commencement Date). 3.2 This Agreement has a nominal expiry date of 30th June No Extra Claims 4.1 Unless mutually agreed in writing, the parties agree not to pursue any further claims in relation to: (d) Matters pertaining to the relationship between GRV and Employees; deductions from wages for any purpose authorised by and employee who will be covered by this Agreement How the agreement will operate Whether dealt with in this Agreement or not prior to the nominal expiry date of this Agreement. 4.2 Notwithstanding clause 4.1, GRV and the employees covered by this Agreement may agree to a variation to the Agreement which will be processed in accordance with the Act. 4

8 5. Exclusion of the Award This Agll:lSment operates to the total exclusion of any award or agreements that might otherwise apply and to the exdusion of modem awards. 6. Definitions "Act" means the Fair Work Act 2009 (Cth) ' Agreement" means the GRV Employee Enterprise Agreement "Defining Service, has the meaning given by section 22 of the Act. ufwc" means the Fair Work Commission. 11 Chief Executive Officer.. means the Chief Executive Officer of Greyhound Racing Victoria, who reports directly to the Board. "Employee" means all staff employed on an ongoing, temporary or casual basis by Greyhound Racing Victoria, subject to the following exclusions: The Chief Executive Officer Executive Officers on GSERP contracts; and o Racing Stewards "GSERP contracts" means Government Sector Executive Remuneration Panel contracts... Greyhound Racing Victoria" or "GRV" is the trading name for "The Greyhound Racing Control Board" and is the employer organisation... Shift Worker'' means an employee who is rostered over any days of the week and who is paid shift and weekend penalty rates in accordance with clause 14 of this Agreement. 7. Aim of the Agreement 7.1 The overall aim of the Agreement is to support the functions of GRV by providing employees with quality employment conditions and to assist GRV in achieving its mission statement and responsibilities. 7.l GRV is an equal opportunity employer in accordance with relevant legistation. PART 2- RESPONSIBIUTIES OF GRV 8. The Role of Greyhound Racing Victoria GRV is a statutory body and is established under the Racing Act 1958 as The Greyhound Racing Control Board. 5

9 The functions of GRV are: To control the sport of greyhound racing in Victoria: To register greyhounds for greyhound racing or for stud or other purposes and to regulate the breeding, kennelling and verification of lineage of greyhounds for greyhound racing or for stud or other purposes; To carry out research into aspects of greyhound racing to assist in planning future development; To promote the sport of greyhound racing; and To conduct greyhound races. Mission Statement GRV's mission and vision statements, as part of its strategic plan and can be viewed on the GRV website. PART 3 - RESPONSIBILITIES OF GREYHOUND RACING VICTORIA EMPLOYEES 9. What Is expected of each Employee Each employee of GRV must fulfil all of the job requirements as detailed In their job description as well as following all policies that can be accessed on GRV's intrane1 site. Employees will also provide high standards of customer service in accordance with GRV Values Dress and Image The employee is at all times representing GRV to the media, racing industry and the public. The employee is required to dress in appropriate attire in accordance with GRV standards. 11. Conflict of Interest 11.1 Employees must not, during the course of employment with GRV, directly or Indirectly, in any capacity whatsoever, undertake any activity (including paid or unpaid work) which may either compromise or give rise to a conflict with both an employee's duties and responsibilities or the business interests of GRV, unless an employee has obtained the prior written consent of GRV. Employees must agree to disclose any such external activity to GRV whether or not the employee believes this to be in conflict with the employee's duties to, or business interests of, GRV. If GRV reasonably determines that the activity is in conflict with an employee's duties and obligations, the employee must agree to immediately refrain from engaging in the activity as directed Upon cessation of employment with GRV, employees must return all property of GRV in their possession, custody or control, including but not limited to keys, documents, materials, data and security tags. 6

10 PART 4- WORKING HOURS AND EMPLOYMENT STATUS 12. Ordinary Hours of Work and Rostering Employees may be engaged as day workers or shift workers. No current employees as at the commencement date of this Agreement shall be engaged as shift workers unless it is by agreement. 13. DayWork 13.1 The ordinary hou~ of work for day workers shall be worked over five (5} days, Monday to Friday, between the spread of 7am to 6.30pm Actual start and finish times will be arranged by work rules at GRV 14. Shift Work 14.1 The ordinary nours of work for a shift worker must be an average of 38 hours per week over four (4) weeks (a total of 152 hours) Actual start and finish timed will be arranged according the operational requirements and work rules at GRV 15. Breaks 15.1 An unpaid lunch break of not less than half an hour and not more than one hour is to be taken, and the breaks will be rostered to ensure excellent service is maintained (for example, telephones answered and customers at the counter attended to). This break may be varied by agreement between GRV management and the employee. No employee shall be required to work more than 5 hours continuously without a meal break Where work on any day continues beyond the period of normal working hours, a second meal break of not Jess than 20 minutes must be taken if work continues for two hours or more A fifteen minute paid morning break is provided. Employees can access tea and coffee at any time whilst ensuring that excellent customer service is maintained. 16. Overtime (General) 16.1 Where any employee is required to work outside the ordinary hours of work, the employee will be entitled to an overtime rate or time in lieu, or the relevant shift work penalty rate where applicable An employee in receipt of a salary in excess of that prescribed for the top of Grade 6 shall not be entitled to receive payment for overtime worked An employee who works overtime shall be entitled to a minimum break of 10 hours between the time of ceasing work and the time of recommencing work. In the event that such a break is not provided, the employee shall be paid overtime at the rate of double time until such a break is provided. 7

11 Any rostered time not worked because the employee is taking a 10 hour break shall be paid at ordinary time rates GRV may, on application by an employee, grant time off (on an hour for hour basis) in respect of overtime worked by that employee, provided that an employee will not be able to accumulate more than five (5) days off for time in lieu and such time must be taken within four ( 4) weeks of such accrual being five (5) days off. This provision applies to both day workers and shift workers. 16.S No time off in lieu of overtime will be granted for overtime worked which has been paid. t 7. Overtime on Weekends and Public Holidays -Day Workers 17.1 Payment for Overtime- employees other than shift workers An employee other than a shift worker will be paid the following overtime rates for overtime worked during the following periods. r For overtime worked Overtime rate % of minimum hourly rate Monday to Saturday outside ordinary hours -first two (2) 150 hours Monday to Saturday outside ordinary hours - after two (2) 200 hours ---, ~~~day ~azetted Public HC?Iiday - during ordin~ry hours 150 Gazetted Public Holiday - in excess of ordinary hours Employees who work on Saturdays, Sundays or Public Holidays to facilitate Scratchings will be paid a minimum of three houn; overtime Overtime on Weekends and Public Holidays-Shift Workers 18.1 A shift worker will be paid the following overtime rates for overtime wort<ed during the following periods. - For overtime worked Overtime rate % of minimum hourly rate Other than Sunday and p_ublic Holidays - first two (2) hours Other!_han Sunda~ and Public Holidays - after two (2) hours 200 reunday Gazetted Public Holiday - in excess of ordinary hours 250 8

12 18.2 Shift work- Monday to Friday An employee rostered to work in accordance with a shift roster will be paid the following shift penalty payments In addition to their ordinary rate of pay. Afternoon shift, being an unbroken period of work finishing after 6.30pm and at or before midnight Night shift, being an unbroken period of work frnishing at midnight and at or before Bam: Shift -- - Penalty rate % of minimum hourly rate --- Afternoon or rotating night shift 115 Non-rotating night shift Saturday (except public holiday) 150 Sunday (except public holiday) 200 Public Holiday Loadings and overtime rates not cumulative. The loadings and overtime rates are not cumulative. If an employee is entitled to more than one overtime rate or shift loading, he or she will be paid the higher rate applicable to the period of time worked. 20. On call and call out arrangements These provisions are only applicable to Animal Welfare Authorised Officers Employees may be required to perform rostered overtime for on call and callout purposes and will be paid an on-calf allowance as prescribed at Schedule A The employee is required to obtain approval from their Manager/Supervisor prior to physically attending a call-out. Where an employee physically attends a call out during an on call period, GRV and the employee will agree to time off in lieu or the payment of overtime Where an employee physically attends a call out during an on-call period, they shall be paid a minimum of four (4) hours pay at overtime rates or time in lieu at time for time. Payment for the call-out will be in addition to the oncall allowance in sub-clause Additional call-outs during the four (4) hours minimum payment under this clause will not attract an additional call-out payment. Subsequent call-outs outside of the four {4) hour period above shal.l be paid a minimum four (4) hours payment at the appropriate rate or time off in lieu. 9

13 21. Employment Status 21.1 Full Time Employees (d) Hours of work are organised to meet the needs of the participants of the industry and racing public. GRV may employ full-time employees in any classification in this Agreement. Full~time employees may also be required to work reasonable additional hours in accordance with the Act. Employees are required to be punctual when commencing work and are to notify their immediate Supervisor or Manager if delayed. Should an employee need to leave work for any reason, permission must be obtained first from the employee's immediate Supervisor or Manager. An employee's starting time may vary depending on the duties of the employee. Actual start times will be organised by the employee's immediate Supervisor or Manager Part-Time Employees GRV may employ regular part-time employees in any classification in this Agreement. Regular part-time employees work less than full time hours of 38 hours per week and receive, on a pro rata basis, the equivalent pay and conditions to those of full-time employees who do the same kind of work. Part-time employees will work a regular pattern of hours from week to week. z 1.3 Casual Employees A casual employee is an employee who is engaged and paid as such. Casual employees will be advised of their hours in most cases 24 hours prior to commencement of work. A minimum of four consecutive hours will be provided to casual employees on anyone day Probationary Period All full-time and part-time employees will initially be engaged for a six month period of probationary employment for the purpose of detennining the employee's suitability for ongoing employment. During the probationary period performance will be reviewed by a relevant Supervisor or a Senior Manager and discussed with the employee. During the probationary period either party may terminate the employment by giving one week's written notice to the other party, or GRV may give payment in lieu of notice. If an employee fails to give the required notice in writing, GRV may withhold from any monies due to the employee upon termination under this Agreement, an amount not exceeding the amount the employee would have been paid under this Agreement in respect of the period of notice required by the clause, less any period of notice actually given by the employee. 10

14 22. Individual Flexibility Working Arrangements 22.1 An employee and GRV may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of the employee and employer. An individual flexibility arrangement must be genuinely agreed to by the employee and employer An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: {b) (d) clause 10.1 and arrangements about when work is performed; clause 10- overtime rates; clauses 12.5, 12.6 and allowances; Schedule A- salaries An employee may nominate a representative to assist in negotiations for an individual flexibility arrangement 22.4 GRV must ensure that any individual flexibility arrangement will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement was agreed to GRV must ensure that an individual flexibility arrangement is in writing and signed by the employee and employer. If the employee is under 18, the arrangement must also be signed by a parent or guardian of the employee GRV must give a copy of the individual flexibility arrangement to the employee within 14 days after it is agreed to GRV must ensure that any individual flexibility arrangement sets out: (d) the terms of this enterprise agreement that will be varied by the arrangement; how the arrangement will vary the effect of the terms; how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and the day on which the arrangement commences GRV must ensure that any individual flexibility arrangement: is about matters that woula De permitted matters under section 172 of the Fair Work Act 2009 if the arrangement were an enterprise agreement; does not include any term that would be an unlawful tenn under section 194 of the Fair Worlc Act 2009 if the arrangement were an enterprise agreement; and provides for the arrangement to be terminated: (i) (ii) by either the employee or employer giving a specified period of written notice, with the specified period being not more than 28 days; and at any time by written agreement between the employee and employer 11

15 22.9 An individual flexibility arrangement may be expressed to operate for a specified tenn or while the employee is perfonning a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the employee ceases to perform the specified role, unless terminated earlier on notice or by agreement. PART 5-WAGES AND RELATED MATTERS 23. Salary Levels and Review 23.1 Salary levels will be determined in accordance with job descriptions, responsibilities and relevant experience with particular regard to; (d) (e) (t) Demonstrated ability Demonstrated knowledge Specialist expertise Levels of responsibilities including supervisory duties Market force in relation to similar pos~ions of employment Annual performance review 23.2 Employees will be paid the applicable salary set out in Schedule A for the classifications in which they are engaged. Employee performance reviews by Senior Managers (in conjunction with the CEO), will occur annually. The review will be conducted in accordance with the method agreed upon by both staff and GRV management. As a result of these reviews, an employee may progress to a higher level within the Grade (or in the case of Grade 6 level employees an incremental increase in salary will be considered by the Senior Manager in conjunction with the Chief Executive Officer) This progression is not automatic and is dependent on demonstrated acquisition and utilisation of new and enhanced skills and/or changes in job descriptions and responsibilities. Advancement to a higher Grade will be based on promotion and the availability of a suitable vacancy. Where an annual salary is pald, GRV shall advise the employee in writing of the annual salary that Is payable which of the provisions of this agreement will be satisfied by payment of the annual salary (including the monetary value of such provisions). The annual salary shall be reviewed each financial year to ensure that the terms of this Agreement provided for by the annual salary are met. 24. Salary Increases and Sign on Bonus 24.1 This Agreement provides for salary increases set out below calculated on the base salary on the following basis. Salaries in Schedule A include these increases: 12

16 ~ Date of increase (from first full pay Percentage increase period on or after 15 June % 1 July % 1 July % 24.2 GRV employees who are employed as at the time a ballot is conducted for the approval of the Agreement shall be entitled to a one off lump sum sign on bonus if the Agreement is approved as set out in the table below. The bonuses set out below are a one off payment and shall apply on a pro-rata basis for part time and casual employees. To avoid doubt, the bonuses set out below shall not apply to employees engaged after the approval ballot is conducted. l Gr~de I L Bonus$ --r- - $ ! "..!! oo_ oo _ S1, S $1 soo no $ Salaries Payment Salaries will be paid on a fortnightly basis into a bank account of the employee's choice. Timesheets are to be completed each day by employees whose salary range is at or below the Grade 5 level 3 classification level as outlined in Schedule A. 26. Superannuation 26.1 GRV will contribute the m1mmum SGC (Superannuation Guarantee Contributions) into a complying superannuation fund on the employee's behalf in accordance with the Superannuation Guarantee (Administration) Act In line with the choice of fund legislation, if an employee fails to notify GRV within 28 days of commencing duty, or as varied by legislation from time to time, the SGC contribution shall be forwarded to the VicSuper Superannuation Fund which will act as GRV's default fund Copy of the VicSuper member's handbook can be requested from VicSuper or the GRV pay office Salary Sacrifice- Superannuation GRV will allow all employees the option to salary sacrifice superannuation contributions in accordance with applicable legislation. An employee may 13

17 apply to GRV for salary sacrifice benefits by written notification to the payroll officer. 27. Meal Allowance Whilst Working Overtime Employees who work overtime on: 27.1 Monday to Friday after normal ordinary time for at least 2 hours will receive a meal allowance as per detailed in Schedule A and may take an unpaid meal break of not less than 20 minutes, but not more than one hour Saturday, Sunday or public holiday for more than 4 hours will receive a meal allowance as per detailed in Schedule A and may take an unpaid meal break of not less than 20 minutes, but not more than one hour. 28. Travel If travel is required to Country or Metropolitan locations and where meals are not provided, a request can be made to the Manager for re-imbursement of out of pocket meal expenses. Reasonable travel expenses will also be reimbursed. Where employees are required to use their own motor vehicle in the performance of their duties, they shall be reimbursed in accordance with the Australian Taxation Office rates for the use of private vehicles. 29. Usual Place of Work 29.1 The Employer must determine a usual place or places of work for the Employ~e Where the Employer wishes to reassign work to the Employee that will require a change to the work location, two weeks' notice must be given or a lesser period if agreed between the Employer and the Employee If an Employee believes that a proposed relocation would create demonstrable hardship, the Employer must consider any alternative proposal put by the Employee. 30. Higher Duties Higher duties allowance will apply wnere an employee nas been directed by the Senior Manager to relieve a position of higher classification for more than 5 consecutive days. Where all duties of the higher position are not being performed, a pro-rata amount will be offered. The rate will be paid at the same rate as the employee that is being relieved. 31. Taxis Home Where the employee works beyond 8pm, he or she will be entitled to a taxi home if they travelled to work by public transport. 14

18 PART 6- BENEFITS AND FACILITIES 32. Amenities Appropriate amenities including coffee and tea facilities will be provided by GRV 33. Parking Car parking spaces are limited and may be provided to employees at GRV's absolute discretion, based on availability. Employees are required to use car parking spaces in accordance with GRV policy. 34. Education and Training 34.1 GRV supports and encourages employee development through education and training GRV will review all opportunities for employee training and development and will consider any application in accordance with the training and development policy. 35. First Aid 35.1 GRV will provide a delegated first aid officer and appropriate amenities. Names of the delegated first aid officers will be displayed in the main amenity areas on level 2 and 3. 3~.2 An employee, required by GRV to act as a defegated first aid officer will be paid a fortnightly allowance as detailed in Schedule A 35.3 GRV will also ensure that there is a fully trained back up First Aid Officer at all times. This officer will act as relief during times of leave of absence, and will be paid accordingly GRV will bear the cost of ongoing training for both of these officers. 36. Insurance GRV provides journey insurance cover for all employees travelling to and from work. PART 7- LEAVE 37. Personal/Carer's Leave 37.1 Paid personal leave does not apply to casual employees. Paid personal leave will be available to an Employee (other than a casual Employee) when they are absent due to: personal illness or injury; or 15

19 (e) (d) for the purposes of caring for an immediate family or household member that is sick and requires the Employee's care and support; or an unexpected emergency affecting an immediate family or household member; or the requirement to provide ongoing care and attention to another person who Is wholly or substantially dependent on the Employee, provided that the care and attention is not wholly or substantially on a commercial basis For the purposes of this clause immediate famift includes a spouse, child, parent, grandparent, grandchild or sibling of the Employee or a child, parent, grandparent, grandchild or sibling of a spouse of the Employee or a same sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; spouse" includes a former spouse, a de facto spouse or a former de facto spouse and "child" includes an adopted child, a stepchild, an ex-nuptial child or an adult child Employees (excluding casual employees) are entitled to 12 days Personal Leave per year. Personal Leave can be used for the purposes of either sick leave or carers leave. Personal leave is cumulative and calculated on a prorata basis; 37.4 Part-Time Employees are entitled to Personal leave calculated on a pro--rata basis An Employee may take up to 5 non~consecutive personal/carer's leave days in any year without providing a certificate from a registered health professional. For any additional personal leave taken in that year, a certificate from a registered health professional is required. For any additional carer's leave taken in that year, GRV may require a medical certificate or other evidence as determined by GRV to be provided Employees must provide from a registered health professional for personal leave in excess of two or more consecutive days or either side of a weekend, rostered day off or Public Holiday if the employee is rostered off on such Public Holiday If an Employee becomes 111 or IS required to take carer's leave whilst on annual leave and if the Employee forwards to GRV a medical certificate or other evidence satisfactory to GRV as soon as practicable, covering the period of illness or duration of carer's leave (whh the reason for such leave), then the number of days specified in the certificate or evidence will be deducted from any Personal Leave entitlement standing to the Employee's credit and re-credited to their Annual Leave entitlement Where possible Employees should always try and make medical appointments outside normal working hours Employee are required to contact their Supervisor, as soon as practicable once they become aware of the need to take Personal Leave; Personal leave is not paid out on termination Absence on Public Holidays If the period during which a permanent Employee takes paid personal/carer's leave includes a day or part-day that is a public holiday in the place where the Employee is 16

20 based for work purposes, the Employee is taken not to be on paid personal/carer's leave on that public holiday Unpaid Personal Leave Where an Employee has exhausted all paid Personal Leave entitlements, he/she is entitled to take unpaid Personal Leave. GRV and the Employee will seek to agree on the period. In the absence of agreement, the Employee is entitled to take two (2) days unpaid personal leave per occasion, GRV may request evidence of a medical certificate or other evidence satisfactory to the GRV for periods of unpaid personal leave. Unpaid Personal Leave-Casual Employees Casual Employees shall be entitled to unpaid personal carer's leave in accordance with the National Employment Standards for each permissible occasion. 38. Compassionate Leave 38.1 Employees (other than a casual Employee) are entitled to 3 days paid compassionate leave on each occasion, when a member of the Employee's immediate or extended family or a member of their household: contracts or develops a personal illness that poses a serious threat to his or her life; sustains a personal injury that poses a serious threat to his/her life; or dies. 38.l Any unused portion of compassionate leave will not accrue from year to year and will not be paid out on termination An Employee may take unpaid compassionate leave upon application and by agreement with GRV GRV will require the Employee to provide satisfactory evidence to support the taking of compassionate leave The CEO has discretion to grant compassionate leave in other circumstances Casual Employees shall be entitled to two (2) days of unpaid compassionate leave in accordance with the National Employment Standards for each permissible occasion. 39. Annualleave Employees (other than a casual Employee are entitled to four weeks paid annual leave per annum for each continuous year of seivice. Annual leave accrues on a pro-rata basis and is cumulative. No Annual Leave loading is payable as it forms part of the ordinary rate of pay. An additional weeks annual leave is also provided to Employees in recognition of the requirement on occasions to work 13 Sundays and/or Public Holidays per year. The additional 17

21 weeks leave shall also apply to shift workers who may be regularly rostered to work on Sunday and/or Public Holidays as part of their normal rostered hours. Annual leave is to be taken at a time agreed between GRV and the Employee. (d) (e) (f) Employee should take annual leave as it accrues GRV may require the Employee to take annual leave when more than six (6) weeks leave is accrued unless agreement is reached with the Employee about reducing their leave accrual to not less than four (4) weeks in an agreed timeframe. Where GRV requires an Employee to take annual leave in accordance with this clause, notice of not less than four (4) weeks Will be provided by GRV to the Employee. Annual leave can be taken on an hourly, ~day, full day or weekly basis as it accrues from the commencement of employment. An employee who takes annual leave shall be paid at the rate they would have if they had worked and not taken such leave. To avoid doubt, shift workers shall be paid at their ordinary rate of pay (including shift and/or weekend and Public Holiday penalties) when leave is taken. Upon termination, the Employee is entitled to be paid unused accrued annual leave at the rate they would have received if they had taken the leave. 40. Public Holidays 40.1 Where the nature of the employment of Employees pennns the observance of Public Holidays as they occur, Employees (other than casual Employees) shall be entitled to the following holidays without loss of pay: (e) (d) (e) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Australia Day, Anzac Day, Queen's Birthday, Labour Day and Melbourne Cup Day. When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December. When Boxing Day is a Saturday or a Sunday, an additional holiday shalf be observed on 28 December. When New Year's Day is a Saturday or a Sunday, an additional holiday shall be observed on the next Monday. When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on the next Monday Employee who works Christmas Day, Boxing Day or New Year's Day Notwithstanding clause 40.1, an Employee other than a casual Employee, who works on Christmas Day and/or Boxing Day and/or New Year's Day shall be: (i) (ii) paid at the appropriate holiday rate; and if such an Employee also works on the substituted day or days, he or she shall be paid at the ordinary time rate on this day or these days. If the Employee works on the substituted day and not the declared Public Holiday, the Employee shall receive Public Holiday entitlements for working the 18

22 substituted day. l ne Employee snan only receive the benefit for either the declared Public Holiday or the substituted day contingent on the day worked. (~) For the purpose of this clause 40.2, "ordinary time" means the amount the Employee would normally receive for working on that particular day, including any Shift Work allowance and/or overtime payment and/or c1her payment which would normally apply Melbourne Cup Day Substitution Where, outside the Melbourne Metropolitan area, a Public Holiday is proclaimed in that municipality for the observance of local events, that day will be observed as a Public Holiday in lieu of Melbourne Cup Day Additional or Substituted Public Holidays Where in the whole or part of the State of Victoria, aad1tional or substituted Public Holidays are declared or prescribed on days other than those set out in clauses 40.1 and 40.3, those days shall constitute additional or substituted holidays for the purpose of this Agreement for Employees who have their place of principal employment in a municipality to which the additional or substituted Public Holiday applies. 40~ Substitution of Public Holiday An Employer and his or her Employees may agree to substitu1e another day for any prescribed in this clause. Far this purpose, the consent of the majority of affected Employees shall constitute agreement. Any such arrangement shall be recorded in writing and be available to every affected Employee. An Employee may by agreement with his or her Employer substitute another day for any prescribed in this clause to observe religious or cultural occasions or like reasons of significance to the Employee. 41. Long Service Leave 41.1 An Employee with 10 years continuous service is entitled to 13 weeks long service leave. After this time a further 1.3 weeks is available after each year of additional service Long service leave may be taken after 7 years of employment on a pro-rata basis, and is also payable upon termination of employment after this time The time of taking leave will be agreed between the Employee and GRV Any legislative changes to Long Service Leave provisions will be applied by GRV even if the Agreement is not altered to reflect such changes on the basis that such changes form part of the National Employment Standards. 42. Community Service & Blood Donor Leave 42.1 Employees are entitled to Community Service leave in accordance with the National Employment Standards When a permanent Employee, who is a voluntary member of a community service provider, is required to attend an emergency, the Employee will be granted time off without loss of pay to attend such emergency, subject to 19

23 work requirements. Examples of community service providers where members are required to attend emergencies are Country Fire Authority, State Emergency Service, St John s Ambulance, Department of Defence, Disaster and Emergency Service, and the Red Cross Permanent Employees who are members of the Australian Defence Force Reserves may be granted leave without loss of pay to attend major training courses up to a maximum period of ten (10) days per year. Granting of leave will be subject to work requirements When an Employee is a blood donor and is required to attend a blood donor centre during working hours, they may be granted time off to attend without loss of pay, subject to work requirements. Attendance at blood donor centres should be arranged outside of working hours wherever possible. 43. Jury Duty Should an Employee be required for jury duty GRV will continue to pay the Employee for this time. The Employee will authorise any deduction of monies paid to him or her by the court for serving as a Juror during his or her ordinary hours of work. This clause also applies to casual employees who would have otherwise been rostered to work on the day or days that their attendance for jury service is required. 44. Parental Leave 44.1 Application Full-time, part-time and Eligible Casual Employees are entitled to parental leave under this clause if: the leave is associated with: (i) (ii) the birth of a child of the Employee or the Employee's Spouse; or the placement of a child with the Employee for adoption; and the Employee has or will have a responsibility for the care of the child Definitions For the purposes of this clause: Eligible Casual Employee means a casual Employee; (i) (ii) 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 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. {b) Continuous Service is work for the Employer on a regular and systematic basis (including any period of authorised leave) and any period of Recognised Prior Service (as defined in clause 43.2). Child means: 20

24 (i) (ii) in relation to birth~related leave, a child (or children from a multiple birth) of the Employee or the Employee's Spouse; in relation to adoption-related leave, a child (or children) who will be placed with an Employee. and: who is, or will be, under 16 as at the day of placement, or the expected day of placement; 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 is not (otherwise than because of the adoption) a child of the Employee or the Employee's spouse. {d) (e) (f) (g) 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. In most cases the Primary Caregiver will be the birth mother of a newborn or the initial primary carer of a newly adopted child. Secondary Caregiver means a person who has parental responsibility for the Child but is notthe Primary Caregiver. Spouse includes a de facto spouse, former spouse or fanner de facto spouse. The Employee's de facto spouse means a person who lives with the Employee as husband, wife or same sex partner on a bona fide domestic basis, whether or not legally married to the Employee. Recognised Prior Service means any service where the Employee was employed: (i) (ii) (iii) by a public entity under the Public Administration Act 2004 (Vic); under Part 6 of the Public AdministraUan Act 2004 (Vic); or as a parliamentary officer or electorate officer under the Parliamentary Administration Act 2005 (Vic); immediately pr1or to the Employee's employment with the Employer Summary of Parental Leave Entitlements Parental leave entitlements in this clause are summarised in the following table. 21

25 - Primary Caregiver Paid leave Unpaid leave Total -- More than 12 months service 14 weeks Up to weeks weeks Less than 12 months service 0 Up to weeks weeks - Eligible casual employee 0 Up to weeks weeks Secondary Caregiver - ~ More than 12 months service 2 weeks Up to weeks ----r- weeks Less than 12 months service 0 Up to weeks weeks. I Eligible casual employee 0 Up to weeks weeks Pre-natal leave Pregnant employee Spouse hours 7.6 hours Permanent Care Leave More than 12 months service 14 weeks Up to weeks weeks Less than 12 months service () Up to weeks weeks - Grandparent Leave 0 Up to weeks weeks. 44,4 Parental Leave - Primary Caregiver An Employee who has, or will have, completed at least twelve months paid 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: (i) (ii) 14 weeks paid parental leave; and up to 38 weeks unpaid parental leave. An Employee who will be the Primary Caregiver but has not completed at least twelve months paid Continuous Service at the time of the birth or adoption of their Child, is entitled to up to 52 weeks unpaid parental leave. 22

26 {c:) (d) 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. 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: (i) (ii) if their Spouse is, or will be, the Primary Caregiver at the time of the birth or adoption of their Child; if their Spouse has received. or will receive, paid maternity leave, primary caregiver entitlements, or a similar entitlement, from their employer, or (iii) if the Employee has received. or will receive, Secondary Caregiver parental leave entitlements in relation to their Child. (e) A period of parental leave taken in accordance with this clause must be for a single continuous period Parental Leave - Secondary Caregiver An Employee who has, or will have, completed at least twelve months paid 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 52 weeks parental leave, comprising: (i) (ii) 2 weeks paid parental leave; and up to 50 weeks unpaid parental leave. (d) (e} An Employee who will be the Secondary Caregiver but has not completed at least twelve months paid Continuous Service at the time of the birth or adoption, is entitled to up to 52 weeks unpaid parentaj leave. An Eligible Casual Employee who will be the Secondary Caregiver at the time of the birth or adoption of their Child is entitled to up to 52 weeks unpaid parental leave. Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the birth or adoption of their Child. An Employee cannot receive Secondary Caregiver parental leave entitlements where the Employee has received Primary Caregiver parental leave entitlements in relation to their Child Pre~Natal Leave A pregnant Employee will have access to paid leave totalling up to 38 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the pregnancy. The Employer should be flexible enough to allow the Employee the ability to leave work and return on the same day. An Employee who has a Spouse who is pregnant will have access to paid leave totalling up to 7.6 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the pregnancy. 23

27 (d) The Employee is required to provide a medical certificate from a registered medical practitioner confirming that the Employee or their Spouse is pregnant. Each absence on pre-natal leave must also be covered by a medical certificate. Paid pre-natal leave is not available to casual Employees Pre-adoption leave (d) 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. The Employee and the Employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two days unpaid leave. Where paid leave is available to the Employee, the Employer may require the Employee to take such leave instead. The Employer may require the Employee to provide satisfactory evidence supporting the leave Pennanent 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' paid leave at a time to be agreed with the Employer Grandparent Leave An Employee, who is or will be the Primary Caregiver of a grandchild, is entitled to a period of up to 52 weeks' continuous unpaid grandparent leave in respect of the birth or adoption of the grandchild of the Employee Continuing to work while pregnant 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: (i) (ii) continues to work within a six week period immediately prior to the expected date of birth of the child; or is on paid leave under clause 43.12{b). The Employer may require the Employee to start parental leave if the Employee: (i) (ii) does not give the Employer the requested certificate within seven days of the request; or gives the Employer a medical certificate stating that the Employee is unfit to work 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 24

28 44.U Transfer to a Safe Job 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, If the Employer deems it practicable, 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. If the Employer does not think it to be reasonably practicable to transfer the Employee to a safe job, the Employee may take no safe job paid 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: (i) (ii) 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 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. The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has Special Parental leave Where the pregnancy of an Employee not then on parental leave terminates other than by the birth of a living child, the Employee may take leave for such periods as a registered medical practitioner certifies as necessary, as follows: where the pregnancy terminates during the first 20 weeks, during the certified period/s the Employee is entitled to access any paid and/or unpaid personal/carer's leave entitlements in accordance with ~ause 37; where the pregnancy terminates after the completion of 20 weeks, during the certified period/s the Employee is entitled to paid special maternity leave not exceeding the amount of paid parental leave available under clause 43.3 and thereafter, to unpaid special maternity leave Notice and evidence requirements 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: (i) (ii) (iii) that the Employee will become either the Primary Caregiver or Secondary Caregiver of the Child, as appropriate; the particulars of any parental leave taken or proposed to be taken or applied for by the Employee's Spouse; and ' that for the period of parental leave the Employee will not engage in any conduct inconsistent with their contract of employment. 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 unless it is not practicable to do so. 25

29 The Employer may require the Employee to provide evidence which would satisfy a reasonable person of: (i) (ii) 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 in the case of adoption-related leave, the commencement of the placement (or expected day of placement) ofthe Child and that the Child will be under 16 years of age as at the day of placement or expected day of placement (d) An Employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement or placement occurring ear1ier 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 Commencement of parental leave (d) (e) An Employee who is pregnant may commence Primary Caregiver parental leave at any time within 14 weeks prior to the expected date of birth ofthe Child. The period of parental leave must commence no later than the date of birth of the Child. In all other cases, Primary Caregiver parental leave commences on the day of birth or placement of the Child. Secondary caregiver parental leave may commence on the day of birth or placement of the Child. The Employer and Employee may agree to alternative arrangements regarding the commencement of parental leave. Unless otherwise agreed, any entitlement to paid parental leave whi be paid from the date of commencement of parental leave 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 Employee Couple- Concurrent Leave Two Employees covered by this Agreement may take up to eight weeks concurrent leave in connection with the birth or adoption of their Child. 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. Concurrent leave can be taken in separate periods, but each block of concurrent leave must not be Jess than 2 weeks, unless the Employer otherwise agrees Parental Leave and Other Entitlements An Employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject 26

30 to the 1otal amount of leave not exceeding 52 weeks or a longer period as agreed under clause Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday is not to be regarded as part of the paid parental leave and the Employer will grant the Employee a day off in lieu, to be taken by the Employee immediately following the period of paid parental leave. Unpaid parental leave under clauses 43.4, 43.5, and shall not break an Employee's continuity of employment but it will not count as service for leave accrual or other purposes Keeping in touch days 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. Keeping in touch days must be agreed and be in accordance with section 79A of the Fair Work Act Extending parental leave Extending the initial period of parental leave (i) An Employee, who is on an initial period of parental leave of less than 52 weeks under clause 43.4 or 43.5, may extend the period of their parental leave on one occasion up to the full 52 week entitlement. (ii) 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. Right to request an extension to parental leave (i) (ii) (iii) (iv) (v) An Employee who is on parental leave under clause 43.4 or 43.5 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. 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. 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. 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. The Employer must not refuse the request unless the Employer has given the Employee a reasonable opportunhy to discuss the request. 27

31 (vi) The Emptoyer 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. Total period of parental leave (i) The total period of parental leave, including any extensions, must not extend beyond 24 months. (ii) 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 43.4 or 43.5 will reduce by the period of any extension taken by a member of the couple under clause Calculation of pay for the purposes of parental leave (d) 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 three years. The calculation will exclude periods of unpaid parental leave. The average number of weekly hours worked by the Employee, determined in accordance with clause above, will be then applied 1o 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. Despite 43.21{a), an Employee who reduces the time fraction they work to better cope during pregnancy will not have their subsequent paid parental leave reduced accordingly. HalfPay The Employee may elect to take any paid parental leave entitlement at hatf pay for a period equal to twice the period to which the Employee would otherwise be entitled 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 Returning to Work Returning to work early (i) (ii) During the period of parental leave an Employee may retum 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. 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. Returning to work at conclusion of leave 28

32 (i) (ii) (iii) 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. Subject to 43.23(iii), an Employee will be entitled to the posltion which they held immediately before proceeding on parental leave. In the case of an Employee transferred to a safe job pursuant to clause above, the Employee will be entitled to return to the position they held immediately before such transfer. 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. Returning to work at a reduced time fraction (i) (b.1 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. Where an Employee wishes to make a request under 43.23(c}(i} 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 Consultation and Communication during Parental Leave 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: (i) (ii) 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 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. (e) 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. 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 43.24(8} Extended Family Leave 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. 29

33 {b) {d) The Employee must make an application for Extended Family Leave each year. An Employee wih not be entitled to paid parental leave whilst on Extended Family leave. Upon return to work the Employer may reallocate the Employee to other duties Replacement Employees 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. 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 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. 45. Family Violence Leave 45.1 General Principle The Employer recognises that Employees sometimes face situations of violence or abuse in their personal Jife that may affed their attendance or performance at work. Therefore, the Employer is committed to providing support to staff that experience family violence. 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 DefinHion 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). 4S.3 Eligibility leave for family violence purposes is available to all Employees with the exception of casual Employees. Casual Employees are entitled to access leave without pay for family violence purposes General Measures Evidence of family violence may be required and can be in the fom1 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 or lawyer. A signed statutory declaration can also be offered as evidence. 30

34 (e) (d) (f) (g) All personal information concerning family violence will be kept confidential in line with the Employer's policies and relevant legislation. No information will be kept on an Employee's personnel file without their express written permission. No adverse action will be taken against an Employee if their attendance or performance at work suffers as a result of experiencing family violence. The Employer will identify contact/s within the workplace who will be trained in family violence and associated privacy issues. The Employer will advertise the name of any Family Violence contacts within the workplace. An Employee experiencing family violence may raise the issue with their Immediate supervisor, Family Violence contacts, union delegate or nominated Human Resources contact. The immediate supervisor may seek advice from Human Resources if the Employee chooses not to see the Human Resources or Family Violence contact. Where requested by an Employee, the Human Resources contact will liaise with the Employee's manager on the Employee's behalf, and will make a recommendation on the most appropriate form of support to provide in accordance with cjause 44.5 and clause The Employer will develop guidelines to supplement this clause and which details the appropriate action to be taken in the event that an Employee reports family violence Leave An Employee experiencing family VIolence WJ/1 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 ln 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. An Employee who supports a person experiencing family violence may utilise their personavcarer's leave entjtlement to accompany them to court, to hospital, or to care for children. The Employer may require evidence consistent with clause 44.4 from an Employee seeking to utilise their personal/carer's leave entitlement Individual Support Jn order to provide support to an Employee experiencing family violence and to provide a safe work environment to all Employees, the Employer will approve any reasonable request from an Employee experiencing family violence for: (i) (ii) (iii) (iv) temporary or ongoing changes to their span of hours or pattern or hours and/or shift patterns; temporary or ongoing job redesign or changes to duties; temporary or ongoing relocation to suitable employment; a change to their telephone number or address to avoid harassing contact, 31

35 (v) any other appropriate measure including those available under existing provisions for family friendly and flexible work arrangements. (d) Any changes to an Employee's role should be reviewed at agreed periods. When an Employee is no longer experiencing family violence, the terms and conditions of employment may revert back to the terms and conditions applicable to the Employee's substantive position. An Employee experiencing family violence will be offered access to the Employee Assistance Program (EAP) and/or other available local Employee support resources. The EAP shall include professionals trained specifically in family violence. An Employee that discloses that they are experiencing family violence will be given information regarding current support services. 46. Leave Without Pay The Manager may grant leave without pay to an employee dependent upon the circumstances of the request from an employee. 47. Flexible Time off 47.1 GRV is committed to providing a workplace that allows for flexible working arrangements having regard to the fact that employees may utilise pro-rata annual leave when requiring time off An employee wishing to take time off during their nonnal working roster {other than for the taking of leave entitlements) for the specific purpose of undertaking personal business, will discuss their requirement with their Supervisor or Manager In determining whether the employee should be allowed such time off; the Supervisor or Manager may consider: (d) (e) the persons previous requests for time off personal leave already taken the impact that taking such leave would have on GRVoperations the reasons for taking the time off; and/ or any other considerations which are reasonable with respect to the particular circumstances 47.4 The employee shall, upon request, advise how they will 'make up' any time off that may be authorised by the Supervisor or relevant Manager. This may take the form of variation to the spread of hours or meal breaks. The Supervisor and or relevant Manager will then determine whether the time off shall be granted. 32

36 48. Accident Compensation 48.1 GRV shall pay an employee acctdent make-up pay where the employee receives an injury for which weekly payments of compensation are payable, by or on behalf of GRV, pursuant to the provisions of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) Accident make-up pay means a payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and the employee's rate of pay, or where the incapacity is for a lesser period than one week, the difference between the amount of such compensation and the rate of pay for that period For the purposes of this clause rate of pay means the usual rate received by the employee including, where appropriate, allowances normally received by the employee when absent on annual or long service leave GRV shall pay, or cause to be paid, make-up during the incapacity of the employee within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). Such payment shall not be paid: in excess of a continuous period of 52 weeks; or in excess of an aggregate 52 weeks in respect of a particular injury or incapacity' without the approval of GRV The liability of GRV to pay make-up pay in accordance with the clause shall arise as at the date of the injury or accident in respect of which compensation is payable and the termination of the employee's employment for any reason during the period of any incapacity shall in no way affect the liability of GRV to pay make-up as provided in this clause In the event that the employee receives a lump sum in redemption of weekly payments under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), the liability of GRV to pay make-up pay in relation to that injury shall cease from the date of such redemption Where an employee is off duty as a result of an injury or accident for which GRV is liable for make-up pay under this clause, such employee shall be entitled to return to duty, on alternate duties should the employee's treating medical practitioner so recommend, for the purposes of rehabilitation, and provided suitable work is available without prejudice to other employees For an injury prior to the proclamation of the Workplace Injury Rehabilitation and Compensation Act 2013, a reference to that Act shall be deemed to be a reference to the Accident Compensation Act 1985 (Vic). PART 8- COUNSELLING, DISCIPLINE AND TERMINATION 49. Unsatisfactory Performance & Actions by Employees If there is a problem with an employee's performance or actions the following process will be followed. 33

37 49.1 First stage The first stage is counselling the Employee. GRV must: (i) (ii) (iii) advise the Employee of the unsatisfactory work performance or behaviour; outline the standard required of the Employee; and provide the Employee with an opportunity to respond. Once the Employee has had an opportunity to respond to the issues raised in the counselling session, the Employee will be given a period of time to improve. The Employee will be advised of any consequences of not meeting the required standard Second stage The second stage will occur if the Employee continues to engage in unsatisfactory work performance or behaviour, or does not demonstrate sufficient improvement At this stage the Employee will be given a formal written warning by the Employee's manager. The warning must indicate: (i) what is expected of the Employee; and (ii) where and how the Employee is not meeting this expectation; and the consequences of failure to improve. The written waming will be placed on the Employee's personnel file Third stage The third stage is the final warning. The Employee will be informed in writing that if there is a repetition or continuation of the offending work performance or behaviours, the Employee may be dismissed. The final warning will be placed on the Employee's personnel file Fourth stage (d) The fourth stage is tennination of employment if the Employee continues to engage in unacceptable behaviour following the issue of a final warning. A1 each step the Employee will be asked if they have a valid and acceptable reason for the performance issue, misconduct or inappropriate behaviour. If it is deemed that a valid and acceptable reason is provided then no written warning will be issued at that time. Either the Employee or Manager may have a representative present at any stage. A particular action may be so severe as to warrant instant dismissal or the issuing of a final written waming. 34

38 50. Summary Dismissal An employee may be dismissed summarily, without notice or payment in lieu of notice for serious or wilful misconduct This includes but is not limited to: SO.l theft or intentional damage of GRV property; 50.2 serious neglect of duties and responsibilities required by the position; 50.3 making a false claim or falsification of records; 50.4 verbal or physical assault or abuse; 50.5 failure to follow lawful and reasonable directions; 50.6 possession or use of illicit drugs on GRV premises or when officially representing GRV; so. 7 gambling on greyhound races 50.8 downloading or disbibuting pomography; or 50.9 any other serious breach referred to in the Fair Work Regulations 2009 (Cth) St. Termination of Employment (except Casual Employees) Sl.l In order to tenninate the employment of an employee, the following notice in writing will be given by either GRV or the employee: Period of continuous service Period of notice less than one year at least 1 week --- One year but less than three years at least 2 weeks Three years but less than five years Five years and over at least 3 weeks at least 4 weeks 51.2 GRV will give an aaartional weeks' notice to the above for employees who are over 45 years of age at termination and have had a minimum of 2 years continuous service with GRV Payment in lieu of the prescribed period of notice will be made by GRV if GRV determines that the appropriate notice period is not required to be worked by the employee If an employee fails to give the required period of notice, GRV may withhold from any monies due to the employee on termination under this Agreement, an amount not exceeding the amount the employee would have been paid under this Agreement in respect of the period of notice required by the clause less any period of notice actually given by the employee The period of notice in this clause will not apply to. casual employees; 35

39 (e) (d) (e) employees engaged under a contract of employment for a specified period of time, for a specified task, or for the duration of a specified season, and the employment has tenninated at the end of the period, on completion of the task, or at the end of the season: in cases of dismissal for serious or wilful misconduct; to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or to apprentices. 52. Disputes Settling Procedures 52.1 Resolution of disputes and grievances Unless otherwise provided for in this Agreement, a dispute or grievance about a matter arising under this Agreement or the National Employment Standards, other than termination of employment, must be dealt with in accordance with this clause. This clause does not apply to any dispute on a matter or matters arising in the course of bargaining in relation to a proposed workplace agreement. A person bound by this agreement may choose to be represented at any stage by a representative, including a union representative or employer's organisation Obligations (e) The parties to the dispute or grievance, and their representatives, must genuinely attempt to resolve the dispute or grievance through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously. Whilst a dispute or grievance is being dealt with in accordance with this clause, work must continue in accordance with usual practice, provided that this does not apply to an employee who has a reasonable concern about an imminent risk to his or her health or safety, has advised GRV of this concern and has not unreasonably failed to comply with a direction by GRV to perform other available work that is safe and appropriate for the Employee to perform. No person bound by the agreement will be prejudiced as to the final settlement of the dispute or grievance by the continuance of work in accordance with this clause Agreement and dispute settlement facilitation For the purposes of compliance with this Agreement (including compliance with this dispute settlement procedure) where the chosen employee representative is another employee of GRV, he/she must be released by his/her employer from normal duties for such periods of time as may be reasonably necessary to enable her/him to represent employees concerning matters pertaining to the employment relationship including but not limited to: 36

40 (i) (ii) (iii) Investigating the circumstances of a dispute or an alleged breach of this Agreement or the National Employment Standards; Endeavouring to resolve a dispute arising out of the operation of the agreement or the National Employment Standards; or, Participating in conciliation, arbitration or any other agreed alternative dispute resolution process. The release from nonnal duties referred to in this clause is subject to the proviso that it does not unduly affect the operations of GRV Discussion of grievance or dispute The dispute or grievance must first be discussed by the aggrieved employee{s) with the immediate supervisor of the employee(s). If the matter is not settled, the employee(s) can require that the matter be discussed with another representative of GRV appointed for the purposes of this procedure Internal process If any party to the dispute or grievance who is bound by the agreement refers the dispute or grievance to an established internal dispute or grievance resolution process~ the matter must first be dealt with in accordance with that process. If the dispute or grievance is not settled through an internal dispute or grievance resolution process, the matter can be dealt with in accordance with the processes set out below. If the matter is not settled, GRV, an employee or a union covered by the agreement and chosen as the employee representative may apply to FWC to have the dispute or grievance dealt with by conciliation Disputes of a Collective Character The parties covered by the Agreement acknowledge that disputes of a collective character concerning more than one employee may be dealt with more expeditiously by an early reference to FWC. No dispute of a collective character may be referred to FWC directly unless there has been a genuine attempt to resolve the dispute at the workplace level prior to it being referred to the FWC Conciliation Where a dispute or grievance is referred for conciliation, a member of FWC shall do everything that appears to the member to be right and proper to assist the parties to the dispute to agree on terms for the settlement of the dispute or grievance. This may include arranging: (i) conferences of the parties to the dispute or their representatives presided over by the member; and, 37

41 (ii) for the parties to the dispute or their representatives to confer among themselves at conferences at which the member is not present. Condliation before FWC shall be regarded as completed when: (i) (ii) (iu) the parties to the dispute have reached agreement on the settlement of the grievance or dispute; or, the member of FWC conducting the conciliation has, either of their own motion or after an application by either party, satisfied themselves that there is no likelihood that within a reasonable period, further conciliation will result in a settlement; or, the parties to the dispute have informed the FWC member that there is no likelihood of agreement on the settlement of the grievance or dispute and the member does not have substantial reason to refuse to regard the conciliation proceedings as completed Arbitration (a} (e) (d) If the dispute or grievance has not been settled when conciliation has been completed, either party may request that FWC proceed to determine the dispute or grievance by arbitration. Where a member of FWC has exercised conciliation powers in relation to the dispute or grievance, the member shall not exercise, or take part in the exercise of, arbitration powers in relation to the dispute or grievance if a party objects to the member doing so. Subject to sub-clause 52.8(d) below, the detennination of FWC is binding upon the persons covered by this agreement. An appeal lies to a Full Bench of FWC, with the leave of the Full Bench, against a determination of a single member of FWCV made pursuant to this clause. S2.9 Conduct of Matters Before FWC Subject to any agreement between the parties to the dispute in relation to a particular dispute or grievance and the provisions of this clause, in dealing with a dispute or grievance through conciliation or arbitration, FWC may conduct the matter in accordance with Subdivision B of Division 3 of Part 5-1 of the Act. PART 9 - MISCELLANEOUS 53. Employment Recorda Employment records must De kept up to date at all times. The employee is to notify the payroll officer of any changes of name, address, and telephone number in order to update the employee's records. Employees may request to view employment records kept by the payroll officer upon prior sufficient notice to the Senior Manager. 54. Right to Request Flexible Working Arrangements In accordance with and pursuant to section 65 of the FW Act, an Employee may request a change in their working arrangements on the basis of the following circumstances: 38

42 the employee is the parent, or has responsibility for the care, of a child who is of school age or younger; the employee is a carer (within the meaning of the Carer Recognition Act 2010): (d) (e) (t) the employee has a disability; the employe~ is 55 or older; the employee is experiencing violence from a member of the employee's family; the employee provides care or support to a member of the employee's immediate family, or a member of the employee's household, who requlres care or support because the member is experiencing violence from the member's family. Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work To avoid doubt, and without limiting clause 19.1, an Employee who: (b} is a parent, or has responsibility for the care, of a child; and is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part-time to assist the Employee to care for the child An Employee is not entitled to make a request under this clause unless: for an Employee other than a casual Employee- the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or for a casual Employee -the Employee: (i) (ii) is a long term casual Employee of the Employer immediately before making the request; and has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis A request made under this clause must be made in writing and set out details of the change sought and the reasons for the change On receipt of a request by an Employee under this clause, the Employer must give the Employee a written response within 21 days, stating whether the Employer grants or refuses the request The Employer may only refuse the request on reasonable business grounds Without limiting what are reasonable business grounds for the purposes of clause 54.6, reasonable business grounds include the following: {a) that the new working arrangements requested by the Employee would be too costly for the Employer; 39

43 (d) that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employer; that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; (e) that the new working arrangements requested by the employee would be likely to have a significant negative impact on customer service If the Employer refuses the request, the written response under clause 54.5 must include details of the reasons for the refusal. 55. Consultation 55.1 This clause applies if GRV: proposes to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise that is likely to have a significant effect on the employees: or proposes to introduce a change to the regular roster or ordinary hour of work of employees. Major Change 55.2 For a major change referred to in paragraph 55.1 SS.J GRV must notify the relevant employees and their Union of the decision to introduce the major change; and sub-clauses (3) to (9) apply. The relevant employees may appoint a representative for the purposes of the procedures in this clause If: a Relevant employee appoints, or Relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise GRVofthe identity of the representative; SS.S GRV must recognise the representative. As soon as practicable after GRV has developed a change proposal GRV must: discuss with the relevant employees: (i) the introduction of the change; and 40

44 (ii) the effect the change is likely to have on the employees; and (iii) measures GRV is taking to avert or mitigate the adverse effect of the change on the employees; and for the purposes of the discussion - provide, in writing, to the relevant employees: (i) (ii} (iii) all relevant information about the change including the nature of the change proposed; and information about the expected effects of the change on the employees; and any other matters likely to affect the employees However, GRV is not required to disclose confidential or commercially sensitive information to the relevant employees GRV must give prompt and genuine consideration to matters raised about the major change by the relevant employees If a term in the Enterprise Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of GRV, the requirements set out in sub clauses (2), (3) and {5) are taken not to apply In this clause, a major change is likely to have a significant effect on employees if it results in: (d) the termination of the employment of employees; or major change to the composition, operation or size of GRV's workforce or to the skills required of employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of wor1<; or (e) the need to retrain employees; or (0 the need to relocate employees to another workplace; or (g) the restructuring of jobs. Change to regujar roster or ordinary hours of work For a change referred to in paragraph 55.1: GRV must notify the relevant employees of the proposed change; and subclauses to apply The relevant employees may appoint a representative for the purposes of the procedures in this term. SS.ll If: 41

45 a relevant employee appoints, or relevant employees appoint. a representative for the purposes of consultation; and the employee or employees advise GRV of the identity of the representative; GRV must recognise the representative As soon as practicable after proposing to introduce the change, GRV must: discuss with the relevant employees the introduction of the change; and for the purposes of the discussion-provide to the relevant employees: (i) (ii) (iii) all relevant information about the change, including the nature of the change; and information about what GRV reasonably believes will be the effects of the change on the employees; and information about any other matters that GRV reasonably believes are likely to affect the employees; and ((} invite the relevant employees to give their views about the impact of the change (including any impact in rejation to their family or caring responsibilities} However, GRV is not required to disclose confidential or commercially sensitive Information to the relevant employees GRV must give prompt and genuine consideration to matters raised about the change by the relevant employees In this term: relevant employees means the employees who may be affected by a change referred to in clause GRV Policies and Procedures 56.1 All employees must abide by GRV policies and procedures All employees are required to regularly review the policies that can be accessed from the GRV intranet site. Employees may nominate a representative to act as a liaison for the purposes for engaging Senior Management from time to time on matters of Policy and Procedure. GRV shall comply with clause 55 Consultation when a decision has been made to amend such policy/policies which meets the definition of "significant effect" on employees and will ensure that all employees are notified of amendments to GRV policies and procedures either by or in the course of the employee's performance review. 57. Monitoring of the Agreement The parties agree to review the operation of this Agreement six months prior to the expiry of this Agreement. 42

46 S8. Signatories to the Agreement The signatories to the agreement are GRV and the undersigned Bargaining Representatives of GRV. SIGNED for and on behalf of GREYHOUND RACING VICTORIA by authorised officer Signature Alan Clayton ( Witness v ~ ~~0 S!Il_nature. ' Name of witness: Chief Executive Officer Chetwynd Street, West Melbourne 3003 SIGNED for and on behalf of CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION by authorised officer Witness Signature p- representative~ KAREN BAIT (or Secretary, CPSU/SPSF VIctorian Branch Signature: Name of witness: Level 4/128 Exhibition Street, Melbourne

47 As a Bargaining Representative authorised under s.176 of the Fair Worlc Act 2009 (Cth} am authorised to sign this Agreement. II - Witness # /./ ~~/./ Signature Signature: C/ Chelwynd Street, West Melbourne 3003 Name of witness: /( OAla&1ncidw 44

48 SCHEDULE A- Salaries and Allowances. Grade Level Current Rate from current Year 1-2.5% Year3- Year2- FFP payable from date FFP on or on or after of approval by after % FWC backdated to -2.5% Increase 16 June Increase ,882 40,879 41,901 42, ,635 41,651 42,692 43, ,245 42,276 43,333 44, ,856 42,902 43,975 45, ,464 43,526 44,614 45, ,335 44,418 45,529 46, ,860 44,957 46,080 47, ,526 45,639 46,780 47, ,401 46,536 47,699 48, ,124 47,277 48,459 49, ,677 47,844 49,040 50, ,550 48,739 49,957 51, ,181 50,411 51,671 52, ,249 51,505 52,793 54, ,508 52,796 54,116 55, ,361 53,670 55,012 56, ,619 53,934 55,283 56, ,080 54,407 55,767 57, ,188 55,543 56,931 58, ,163 56,542 57,956 59, ,766 57,160 58,589 60, ,489 57,901 59,349 60, ,340 58,774 60,243 61, ,051 59,502 60,990 62, ,902 60,375 61,884 63, ,749 61,243 62,774 64, ,599 62,114 63,667 65, ,450 62,986 64,561 66, ,490 65,077 66,704 68, ,085 73,887 75,734 77, ,827 75,673 77,564 79,504 45