Common policies on the Victorian Public Service Enterprise Agreement 2020

How to use these policies

These policies provide guidance on the interpretation and application of the key provisions of the VPS Agreement and the FW Act.

You may read these policies in line with what is in the VPS Agreement and amendments to the FW Act as a guide to the application of a particular provision.

Regardless of whether the policies are new policies or have been updated, the VPS Agreement and the FW Act are the ultimate source of all entitlements and will prevail over these policies to the extent of any inconsistency.

If there's a conflict with your organisation's policy

These policies take precedence over your organisation's policy and will apply to the extent of any inconsistency.

The VPS Agreement and the FW Act provides the minimum conditions of employment for VPS employees. Employers may use their discretion to offer more generous entitlements than what's in the VPS Agreement and the FW Act in exceptional circumstances.

If you have questions

Victorian Public Service employees

Speak with your HR team about how the VPS Agreement and these underpinning policies apply to your individual employment circumstances.

Please note Industrial Relations Victoria cannot provide advice on individual employment matters or provide advice about the application of the policies to your employment. All questions of this nature should be directed to your employing agency's HR team.

Victorian Public Service employers

Speak with the HR/IR team of your portfolio department for further advice in the first instance.

If they can't help you they may seek further guidance from Industrial Relations Victoria by emailing irv.info@dpc.vic.gov.au.

Updated or New Policies for the Victorian Public Service Enterprise Agreement 2020

All of the below policies have been updated or are new policies for the VPS Agreement and the FW Act.

Abandonment of Employment

This policy provides guidance in relation to clause 20.4 of the VPS Agreement which outlines the circumstances in which an Employee may be considered to have abandoned their employment.

Annual Leave

This policy provides guidance in relation to clause 45 of the VPS Agreement which outlines an Employee’s (other than a casual employee’s) entitlement to paid annual leave.

Cashing out of Annual Leave

This policy provides guidance in relation to clause 46 of the VPS Agreement which outlines the circumstances in which an Employee may request to have their annual leave entitlement cashed out and the circumstances in which the Employer may approve that request.

Christmas Closedown

This policy provides guidance in relation to clause 42 of the VPS Agreement which outlines the circumstances in which the Employer may affect a closedown between the first working day after Christmas Day to the first working day after New Year’s Day by facilitating Employee leave arrangements.

Compassionate Leave

This policy provides guidance in relation to clause 54 of the VPS Agreement which outlines an Employee’s entitlement to paid and/or unpaid Compassionate leave.

Costs of Employment-Related Legal Proceedings

This policy provides guidance in relation to clause 21 of the VPS Agreement and sets out the circumstances where the Employer will meet an Employee’s reasonable legal cost relating to the Employee’s appearance and legal representation.

Cultural and Ceremonial Leave

This policy provides guidance in relation to clause 60 of the VPS Agreement which outlines the circumstances in which an Employee of Aboriginal or Torres Strait Islander descent may apply for cultural and ceremonial leave.

Defence Reserve Leave

This policy provides guidance in relation to clause 63 of the VPS Agreement which outlines the circumstances in which an Employee may be granted leave and top up pay to facilitate their participation in Defence Reserve activities.

Employment Categories and Secure Employment

This policy provides guidance in relation to clause 18 of the VPS Agreement which outlines the categories of employment in which an Employee may be engaged and the obligations on Employers to preference ongoing forms of employment over casual and fixed term arrangements wherever possible.

Family Violence Leave

This policy provides guidance in relation to clause 52 of the VPS Agreement and FW Act and outlines the range of workplace supports available to Employees who are experiencing family violence, including access to up to 20 days paid leave.

Flexible Working Arrangements – Specific Circumstances

This policy provides guidance in relation to clause 10 of the VPS Agreement and FW Act which outlines the circumstances in which an Employee has a protected right to request flexible working arrangements and the circumstance in which the Employer may approve that request.

Foster and Kinship Care Leave

This policy provides guidance in relation to clause 57 of the VPS Agreement which outlines the circumstances in which an Employee may be granted paid leave if the Employee provides short-term foster or kinship care as the primary caregiver to a child who cannot live with their parents as a result of an eligible child protection intervention.

Gender Equality

This policy provides guidance in relation to the operation of clause 28 of the VPS Agreement and outlines the framework through which systemic gender equality issues can be identified, reviewed and resolved.

Gender Transition Leave

This policy provides guidance in relation to clause 58 of the Agreement which outlines the range of supports available to an Employee to assist the Employee transition to commencing to living as a member of another gender (gender affirmation).

Jury Service

This policy provides guidance in relation to clause 64 of the VPS Agreement which outlines an Employee’s entitlement to leave with pay for the purpose of jury service.

Leave to Attend a Rehabilitation Program

This policy provides guidance in relation to clause 59 of the VPS Agreement which outlines the circumstances in which an Employee (other than a casual employee) may request leave to undertake rehabilitation for addiction.

Leave for Blood Donations

This policy provides guidance in relation to clause 65 of the VPS Agreement which outlines an Employee’s entitlement to leave with pay for the purpose of making a blood donation.

Leave to Engage in Voluntary Emergency Management Activities

This policy provides guidance in relation to clause 66 of the VPS Agreement which outlines the circumstances in which an Employee may request leave to engage in voluntary emergency management activity with a recognised emergency management body.

Leave to Participate in the First Peoples’ Assembly of Victoria

This policy provides guidance in relation to clause 61 of the VPS Agreement and outlines an Employee’s entitlements to leave to fulfil official functions during their term as an elected member of the First Peoples’ Assembly of Victoria.

Long Service Leave

This policy provides guidance in relation to clause 62 of the VPS Agreement which outlines an Employee’s entitlement to Long Service Leave.

Management of Misconduct

This policy provides guidance in relation to clause 25 of the VPS Agreement which outlines the process for managing misconduct, or allegations of misconduct, by Employees.

Management of Unsatisfactory Work Performance

This policy provides guidance in relation to clause 24 of the VPS Agreement which outlines the process for managing unsatisfactory work performance by Employees.

Managing Bullying and Negative Workplace Behaviour

This policy provides guidance to assist Employers to identify, manage and reduce bullying and other negative workplace behaviours.

Mobility Principles and Payment

This policy provides guidance in relation to clauses 15 and 16 of the VPS Agreement and outlines how the mobility principles outlined in clause 15 of the VPS Agreement will be operationalised and the circumstances in which an Employee may be paid an annual mobility payment.

Movement between Value Ranges

This policy provides guidance in relation to clause 27.5 of the VPS Agreement which outlines the process for conducting a job resizing review which may lead to resizing of a job from one value range to another value range within the same VPS Grade.

Occupational Health and Safety and Rehabilitation

This policy provides guidance in relation to clause 74 of the VPS Agreement which outlines the Employer’s obligations and key responsibilities under the Occupational Health and Safety Act 2004 (Vic) and the Agreement.

Other Leave

This policy provides guidance in relation to clause 70 of the VPS Agreement which outlines that an Employee may request other leave (with or without pay) for any purpose and that the Employer may grant that request on a case-by-case basis.

Parental Leave

This policy provides guidance in relation to clause 55 of the VPS Agreement. It outlines an Employee’s entitlement to parental leave if the leave is associated with the birth of a child of the Employee or their spouse, or their legal surrogate, or the placement of a child with the Employee for adoption, and the Employee has or will have responsibility for the care of the Child.

Participation in Sporting Events

This policy provides guidance in relation to clause 68 of the VPS Agreement which outlines the circumstances in which an Employee may request leave to participate or officiate in a non-professional state, national or international sporting event.

Performance Development and Progression within a Value Range

This policy provides guidance in relation to clause 29 of the VPS Agreement and summarises the eligibility requirements for an Employee to be eligible to be considered for a Progression or a Top of Grade or Value Range Payment.

Personal/Carer’s Leave

This policy provides guidance in relation to clause 51 of the VPS Agreement which outlines the circumstances in which an Employee is entitled to be absent from the workplace because of illness, injury or unexpected emergency and the notice and evidence required to access that entitlement.

Probation

This policy provides guidance in relation to clause 18.3 of the VPS Agreement which sets out the probationary period and the process for managing VPS Employees during their probationary period.

Public Holidays

This policy provides guidance in relation to clause 50 of the VPS Agreement and outlines an Employee’s entitlements if the Employee is required to work on a public holiday.

Purchased Leave

This policy provides guidance in relation to clause 47 of the VPS Agreement which outlines the circumstances in which an Employee may request to purchase additional weeks of leave.

Redeployment

This policy provides guidance in relation to the Victorian Government’s Victorian Public Service Redeployment Policy contained in the Public Sector Industrial Relations Policies 2015, which gives effect to clause 23 and the Schedule A of the VPS Agreement.

Reimbursement of Expenses

This policy provides guidance in relation to clause 36 of the VPS Agreement which outlines the circumstances in which an Employee may seek reimbursement of reasonable out of pocket expenses incurred in the course of their duties.

Review of Actions

This policy outlines how Employees may apply to their Employer for an initial review of an employment related action that directly concerns them and that they consider to be inconsistent with the Public Administration Act 2004 or the Employment Standards.

Right to Disconnect

This policy provides guidance in relation to clause 44 of the agreement, which establishes an Employee’s right to disconnect from work and refrain from engaging in work-related communications and activities, such as emails, telephone calls or other messages outside of the Employee’s working hours or during periods of leave or rostered days off, unless the refusal is unreasonable.

Secondments and Temporary Assignments

This policy provides guidance and establishes the principles for secondments and temporary assignments within the VPS. This Policy to be read in conjunction with the Mobility Principles and Payment Policy.

Study Leave

This policy provides guidance in relation to clause 69 of the VPS Agreement which outlines the circumstances in which an Employee may request paid leave to undertake an accredited course of study and the circumstances in which the Employer may approve that request.

Surrogacy Leave

This policy provides guidance in relation to clause 56 of the VPS Agreement which outlines the circumstances in which an Employee may request leave if the Employee or their spouse/partner is a Surrogate or a Surrogacy Parent.

Use of Technology

This policy summarises the legal obligations and guiding principles for the provision, maintenance and use of information technology and communications technology resources and should be read in conjunction with Employer specific policies.

Usual Place or Places of Work

This policy provides guidance in relation to clause 19 of the VPS Agreement and outlines an Employee’s entitlements if an Employee’s usual place or places of work is changed by their Employer.

Voluntary Community Activities Leave

This policy provides guidance in relation to clause 67 of the VPS Agreement which outlines the circumstances in which an Employee may request leave to fulfil their official functions for a Municipal Council or community organisation.

Workload Management Policy

This policy provides guidance in relation to clause 14 of the VPS Agreement which outlines the process for a Workload Review.

Working from Home

This policy provides guidance in relation to clause 22 of the VPS Agreement which outlines the circumstances in which an Employee may request home-based work arrangements and the circumstances in which the Employer may approve that request.