Common policies on the Victorian Public Service Enterprise Agreement 2024

How to use these policies

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

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

Regardless of whether the common policies are new policies or have been updated, the 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 common policies take precedence over your organisation's policy and will apply to the extent of any inconsistency.

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

If you have questions

Victorian Public Service employees

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

Please note IRV 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 in the first instance to your employing agency's HR team as they will be best placed to assist with your questions.

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 IRV by emailing irv.info@dtf.vic.gov.au.

Updated or New Policies for the Victorian Public Service Enterprise Agreement 2024

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

Abandonment of Employment

This policy provides guidance in relation to clause 22.4 of the 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 50 of the 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 51 of the 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.

Compassionate Leave

This policy provides guidance in relation to clause 61 of the Agreement, which outlines an Employee’s entitlement to paid and/or unpaid Compassionate leave.

Cultural and Ceremonial Leave

This policy provides guidance in relation to clause 67 of the 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 70 of the 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.

Family Violence Leave

This policy provides guidance in relation to clause 59 of the Agreement and FW Act and outlines the range of workplace supports available to Employees who are experiencing family violence, including access to paid and unpaid leave.

Flexible Working Arrangements – Specific Circumstances

This policy provides guidance in relation to clause 10 of the 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.

Gender Affirmation Leave

This policy provides guidance in relation to clause 65 of the Agreement, which outlines the range of supports available to an Employee to assist the Employee as who is undergoing a process to affirm their gender (gender affirmation). Formerly titled 'Gender Transition Leave'.

Leave for Blood Product Donations

This policy provides guidance in relation to clause 72 of the Agreement, which outlines an Employee’s entitlement to leave with pay for the purpose of making a blood product donation. Formerly titled 'Blood Donation Leave'.

Leave to Participate in the First Peoples’ Assembly of Victoria

This policy provides guidance in relation to clause 68 of the 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 69 of the Agreement, which outlines an Employee’s entitlement to Long Service Leave.

Management of Unsatisfactory Work Performance

This policy provides guidance in relation to clause 26 of the Agreement, which outlines the process for managing unsatisfactory work performance by Employees.

Mobility Principles and Payment

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

Parental Leave

This policy provides guidance in relation to clause 62 of the 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.

Performance Development and Progression within a Value Range

This policy provides guidance in relation to clause 31 of the 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 56 of the 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 20.3 of the 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 55 of the 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 52 of the 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 25 and Schedule A of the Agreement.

Reimbursement of Expenses

This policy provides guidance in relation to clause 40 of the 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.

Reproductive Health and Wellbeing Leave

This policy provides guidance in relation to clause 58 of the Agreement and outlines a range of workplace supports available to an Employee to assist them in managing reproductive health and wellbeing conditions, including access to paid leave.

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. The policy provides guidance on operationalising the obligations arising from clause 44 of the Agreement.

Study Leave

This policy provides guidance in relation to clause 76 of the 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.

Usual Place or Places of Work

This policy provides guidance in relation to clause 21 of the Agreement and outlines an Employee’s entitlements if an Employee’s usual place or places of work is changed by their Employer.

Workplace Delegates

This policy provides guidance in relation to clauses 82 and 84 of the Agreement, the FW Act and clause 27A of the Victorian Public Service Award 2016 (included in the Agreement), which outlines entitlements and rights that apply to Workplace Delegates.

Policies underpinning the Victorian Public Service Enterprise Agreement 2020

The below common policies are currently under review and to date have not been updated. In the interim, they continue to remain operational only where they provide guidance on clauses from the Victorian Public Service Enterprise Agreement 2020 (2020 Agreement).

Christmas Closedown

This policy provides guidance in relation to clause 42 of the 2020 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.

Costs of Employment-Related Legal Proceedings

This policy provides guidance in relation to clause 21 of the 2020 Agreement and sets out the circumstances where the Employer will meet an Employee’s reasonable legal costs relating to the Employee’s appearance and legal representation.

Employment Categories and Secure Employment

This policy provides guidance in relation to clause 18 of the 2020 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.

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.

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 2020 Agreement, which outlines the circumstances in which an Employee (other than a casual Employee) may request leave to undertake rehabilitation for addiction.

Leave to Engage in Voluntary Emergency Management Activities

This policy provides guidance in relation to clause 66 of the 2020 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.

Management of Misconduct

This policy provides guidance in relation to clause 25 of the 2020 Agreement, which outlines the process for managing misconduct, or allegations of misconduct, 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.

Movement between Value Ranges

This policy provides guidance in relation to clause 27.5 of the 2020 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 2020 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 2020 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.

Participation in Sporting Events

This policy provides guidance in relation to clause 68 of the 2020 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.

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 (Vic) or the Employment Standards.

Secondments and Temporary Assignments

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

Surrogacy Leave

This policy provides guidance in relation to clause 56 of the 2020 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.

Voluntary Community Activities Leave

This policy provides guidance in relation to clause 67 of the 2020 Agreement, which outlines the circumstances in which an Employee may request leave to fulfil their official functions for a Municipal Council or community organisation.

Working from Home

This policy provides guidance in relation to clause 22 of the 2020 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.

Workload Management Policy

This policy provides guidance in relation to clause 14 of the 2020 Agreement, which outlines the process for a Workload Review.