27.9 Disputes of a Collective Character 27.9.1 The Parties acknowledge that disputes of a collective character concerning more than one Employee may be dealt with more expeditiously by an early reference to FWC. 27.9.2 No dispute of a collective character may be referred to the 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. 27.10 Conciliation 27.10.1 a dispute is referred for conciliation, a member of the FWC shall do everything that appears to the member to be right and proper to assist the parties to the dispute to agree on settlement terms. 27.10.2 This may include arranging: Conferences of the parties to the dispute presided over by the member; and For the parties to the dispute to confer among themselves at conferences at which the member is not present. 27.10.3 Conciliation before the FWC shall be regarded as completed when: The parties to the dispute have reached agreement on the settlement of the dispute; or The member of FWC conducting the conciliation has, either of their own motion or after an application by a party to the dispute, 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 is no likelihood of agreement on the settlement of the dispute and the member does not have substantial reason to refuse to regard the conciliation proceedings as completed. 27.11 Arbitration 27.11.1 If the dispute has not been settled when conciliation has been completed, a party to the dispute may request that the FWC proceed to determine the dispute by arbitration. 27.11.2 Where a member of the FWC has exercised conciliation powers in relation to the dispute, the member shall not exercise, or take part in the exercise of, arbitration powers in relation to the dispute if a party to the dispute objects to the member doing so. 27.11.3
Subject to sub-clause 27.11.4 the determination of the FWC is binding upon the persons covered by this Agreement. 27.11.4 A determination of a single member of the FWC made pursuant to this clause may, with the permission of the Full Bench of the FWC, be appealed. 27.12 General Powers and Procedures of the FWC 27.12.1 Subject to any agreement between the parties in relation to a particular dispute and the provisions of this clause, in dealing with a dispute through conciliation or arbitration, the FWC may conduct the matter in accordance with Subdivision B of Division 3 of Part 5-1 of the FW Act. 28. Management of Unsatisfactory Work Performance 28.1 Scope The purpose of this clause is to: Support Employees with unsatisfactory work performance to improve their performance to the required standard; Ensure that unsatisfactory work performance is addressed expeditiously; Reflect the public sector values of integrity, impartiality, accountability and respect with the aim of ensuring that Employees are treated fairly and reasonably; and Provide a fair and transparent framework for action to be where an Employee continues to perform below the Library’s expected standard. 28.2 Application Subject to applicable Victorian and federal legislation, action taken by the Library in relation to unsatisfactory work performance will be consistent with this clause. This clause applies to all Employees except casual Employees and Employees subject to a probationary period of employment. 28.3 Referred unsatisfactory work performance matters The Library may at any time elect, where there is reasonable cause, to manage the Employee’s work performance in accordance with clause 29 Management of Misconduct. Once an election has been made by the Library under this clause, any matters that have arisen under the process in this clause may be considered in the process pursuant to clause 29. 28.4 Meaning of unsatisfactory work performance An Employee’s work performance is unsatisfactory if the Employee fails to perform to the required standards or expectations of their role.
Appendix One – Enterprise Partnership Agreement 2016 – Salary Schedule Effective 1 January 2016 Grade Value Range Salary Ranges Progression amounts Min. Max. VPS Officer 1 1.1 $42,845 $45,482 1.1.1 $42,845 1.1.2 $43,724 1.1.3 $44,603 1.1.4 $45,482 2 2.1 $46,951 $53,621 2.1.1 $46,951 2.1.2 $47,902 2.1.3 $48,855 2.1.4 $49,810 2.1.5 $50,761 2.1.6 $51,715 2.1.7 $52,668 2.1.8 $53,621 2.2 $54,573 $60,292 2.2.1 $54,573 2.2.2 $55,527 2.2.3 $56,479 2.2.4 $57,433 2.2.5 $58,384 2.2.6 $59,340 2.2.7 $60,292 3 3.1 $61,611 $68,210 3.1.1 $61,611 3.1.2 $62,931 3.1.3 $64,251 3.1.4 $65,570 3.1.5 $66,889 3.1.6 $68,210 3.2 $69,529 $74,808 3.2.1 $69,529 3.2.2 $70,849 3.2.3 $72,169 3.2.4 $73,488 3.2.5 $74,808 4 4.1 $76,274 $86,540 4.1.1 $76,274 4.1.2 $77,986 4.1.3 $79,696 4.1.4 $81,406 4.1.5 $83,119 4.1.6 $84,830 4.1.7 $86,540 Senior Officer 5 5.1 $88,007 $97,243 $2,638 5.2 $97,245 $106,481 $107,948 $126,202
1.1.3 $49,869 1.1.4 $50,853 2 2.1 $52,493 $59,952 2.1.1 $52,493 2.1.2 $53,559 2.1.3 $54,624 2.1.4 $55,692 2.1.5 $56,754 2.1.6 $57,822 2.1.7 $58,887 2.1.8 $59,952 2.2 $61,016 $67,410 2.2.1 $61,016 2.2.2 $62,082 2.2.3 $63,147 2.2.4 $64,214 2.2.5 $65,277 2.2.6 $66,345 2.2.7 $67,410 3 3.1 $68,884 $76,263 3.1.1 $68,884 3.1.2 $70,361 3.1.3 $71,837 3.1.4 $73,312 3.1.5 $74,785 3.1.6 $76,263 3.2 $77,737 $83,640 3.2.1 $77,737 3.2.2 $79,215 3.2.3 $80,690 3.2.4 $82,163 3.2.5 $83,640 4 4.1 $85,279 $96,759 4.1.1 $85,279 4.1.2 $87,194 4.1.3 $89,106 4.1.4 $91,016 4.1.5 $92,933 4.1.6 $94,845 4.1.7 $96,759 Senior Officer 5 5.1 $98,396 $108,724 $2,950 5.2 $108,726 $119,052 6 6.1 $120,692 $141,102 $3,724 6.2 $141,103 $161,511 Senior Technical Specialist 7 7.1 $163,931 $183,601 $6,117 7.2 $183,605 $203,276 7.3 $203,276 $222,948
and schedules under direction of supervisor Accountable for accuracy and timeliness of outputs Analysis and advice contributes to decision making by others Manages budget and resources for the work area Innovation and Originality The focus is on maintaining existing systems and processes Identifies opportunities to improve own efficiency and suggests these to supervisor Judgement is required to solve problems arising in own work program initiative to recommend improved processes in immediate work area Creatively deals with problems within the work area Initiates improvements to procedures within the work area Assesses and responds to policy and process changes in the work area Identifies and applies developments within professional field to problem solving within the work area Innovative thinking is an inherent feature of the job Defines the appropriate methodology in the analysis of policy or research options Communication 1.1B 2.1B 2.2B 3.1B 3.2B 4.1B Provides and receives routine information Communication is mainly focused on routine issues that may require an understanding of Explains rules, procedures and operational policies to individual clients or colleagues Presents routine information to groups and provides Conducts formal community information sessions and consultative process involving small groups or participates in a May lead a team through activities including individual and team performance management and development Explains concepts and policies to Plan, lead and facilitate consultative processes in a of settings involving more difficult or sensitive issues Prepares complex operational reports Conveys specialist concepts and policies to clients, staff and stakeholders Prepares reports, briefs and correspondence on complex issues that
the operational context feedback to organisation Draft routine internal reports and correspondence Liaises with stakeholders, clients and external providers of goods and services Suggests alternative approaches to clients or stakeholders Understands procedures for effectively dealing with people exhibiting challenging behaviours similar process in larger groups Uses persuasion skills in dealing with an individual client, colleague, service provider or the like clients, stakeholders and staff leads and facilitates information sessions and consultative processes in a range of settings Prepares briefs on sensitive issues for consideration of others Draft public communication documents Communicates issues and advocates a preferred case or option to stakeholders Communicate professional/ technical concepts and advice Provides communication guidance to less requiring in-depth factual analysis impact at program or organisational level Develops and implements operational communication and consultation strategies on specific projects Applies negotiation persuasion and motivation skills to manage staff and stakeholders
experienced colleagues Uses persuasion, advocacy, negotiation and motivation skills with clients, providers, peers and managers Knowledge and Proficiency 1.1C 2.1C 2.2C 3.1C 3.2C 4.1C Focus is on learning, developing and refining work skills Requires knowledge of equipment and tools to perform routine tasks, experiments and procedures, and develops practical application of these skills Requires understanding of general office work Understands and applies theoretical principles, under supervision, to achieve defined outcomes Develops knowledge of established techniques and organisational processes Proficient in use of software or technical equipment Knowledge of legislation, regulations, policies Uses theoretical knowledge under supervision to achieve defined outcomes in a variety of work situations Local reference point in operational processes and procedures Uses theoretical knowledge to achieve agreed outcomes in moderately complex work situations Authoritative in application of processes and policy relevant to the work unit Knowledge of relevant legislation, regulations, policies and processes Adapts theoretical knowledge based on practical experience and/or understanding of current issues in the field Applies understanding of interrelationships between stakeholders and/or work units to achieve local objectives Researches and applies advanced theoretical knowledge in a specialised to operational problem solving Applies sound theoretical and practical expertise in development of policy options Authoritative in application of processes
routines and procedures Acquire and apply proficiency in standard office equipment and computer applications and processes relevant and specific to the role Policy and Projects 1.1D 2.1D 2.2D 3.1D 3.2D 4.1D Provides administrative support to policy and projects, consistent with the support elements described in 1.1B Drafts minutes and action plans for consideration by others Collects data, undertakes analysis and prepares simple reports Undertakes research specified by others, including data analysis Administers routine projects under direction or coordinates project steps Contributes to operational service delivery policy development Researches issues and prepares reports and briefings within a project plan or policy framework set by others Conducts projects of defined scope under direction Obtains, summarises and reports on stakeholder views Plans and conducts several narrowly scoped projects simultaneously Conducts aspects of more complex projects under direction Contributes to planning on large projects Researches and develops recommendations in a specific field of expertise Develops and implements operational policy which impacts the immediate work area Contributes to strategic policy development within a specific field of expertise Manages projects, usually under limited direction
Contributes expertise to a team working on complex projects Prepares project scopes and briefs within broad parameters Manages project teams Administrative and Corporate Support 1.1E 2.1E 2.2E 3.1E 3.2E 4.1E Performs routine administrative tasks, including general telephone, counter and front office enquiries, mail deliveries, assisting with stock control, supporting organisation of meetings, receiving and initial processing of standard paperwork Provides office support through activities such as using and maintaining standard office equipment and software Drafts routine correspondence and minutes Organises routine meetings and small functions Undertakes standard processing Responsible for office support services and systems for a work unit Documents meeting outcomes in more complex situations Provides support to contract administration Demonstrates problem solving in processing work May lead a corporate support team Manages team performance through activities such as monitoring and reporting Maintains corporate databases and completes analysis Monitors and administers straight forward, local contracts and service agreements Prepares and analyses reports from corporate databases to support decision making in the broader work area Develops local databases or reporting systems Negotiate straight forward, contracts and service agreements Leads a larger or complex corporate support work unit Provides specialist administrative and corporate support expertise Negotiates and manages straight forward, corporate contracts and service agreements Drafts reports and recommendations
work such as data entry, purchasing, payments and reports using office databases Performs telephone and counter duties consistent with 2.1B Create and maintains databases or reporting systems utilising standard software Analyse standard reports and data to identify exceptions within a well-defined service delivery framework by interpreting and analysing data Operational Service Delivery 1.1F 2.1F 2.2F 3.1F 3.2F 4.1F Provides routine information, such as standard information and explanations, to clients and members of the public Receives payment for routine services such as the sale of publications and individual licence fees Performs routine service delivery functions for clients such as, driving, food preparation, Provides standard services general supervision and within a defined service delivery framework Delivers information services to the general public or clients, including initial advice and referral Consistent with the development of knowledge specified at 2.1C, participates in routine investigations under direction and Assesses client needs and implements appropriate service delivery from a range of accepted options Identifies where limited precedents apply and may recommend action to be taken Assists in preparing or presenting cases in a range of review forums, Supervises a service delivery team Assesses client needs and delivers a range of services in complex situations investigates and assesses actions by individuals or organisations against legislation, rules, regulations and service agreements Advocates issues involving established Reviews client assessments and associated service delivery Advocates more complex cases to represent the organisation or clients before a range of review forums, tribunals and courts Recommends strategies to represent the agency and/or clients involving complex and Determines operational service delivery plans based on accepted standards Recommends resource allocation to immediate manager in order to meet service delivery priorities Manages operational work teams Undertakes advanced case management, which may include cross
cleaning, gardening, assisting qualified trade persons and minor maintenance Operates and maintains tools and equipment appropriate to the function and level of qualification provides evidence if required Reconciles, monies and manages petty cash tribunals and courts precedents before a range of review forums, tribunals and courts Participates in the development of strategies to represent the organisation or clients, involving complex and challenging problems challenging problems agency collaboration Undertakes complex or technical investigations and makes recommendations for action Technical/Specialist 1.1G 2.1G 2.2G 3.1G 3.2G 4.1G Assists technicians, scientists and specialists in tasks that are straightforward and use established techniques and work practices Operates and maintains technical or scientific equipment appropriate to the function and level of qualification Conducts routine scientific, technical or specialist procedures and data collection, collation and analysis Diagnoses and corrects faults and problems with technical equipment Contributes to scientific or technical project planning Modifies routine scientific, technical or specialist procedures to a limited specification Exercises discretion in use of equipment and actions to achieve results within specifications Conducts small to medium scientific, technical or specialist projects defined by others Undertakes technical data analysis in field of expertise Conducts field or desk-top studies as part of a team Assembles technical systems or Plan small to medium scientific, technical or specialist projects May control a laboratory function or field operation where a range of related technical functions are performed Prepares complex reports requiring factual analysis Manages a scientific, technical or specialist team and/or projects Independently performs professional or technical work at an advanced level in a narrow field of expertise or on research projects Provides professional scientific, technical or specialist advice
This level performs routine technical support functions such as setting up a laboratory, cleaning equipment, and supporting field work equipment to a specification Leads a small scientific, technical or specialist team based on field of expertise Undertakes technical data analysis and modelling and prepares reports Table 1.2: VPS Grade Descriptors and Value Range Standard Descriptors - Grades 5 And 6 Grade 5 Grade 6 Value Range VR 1 VR 2 VR 1 VR 2 Decision Making 5.1A 5.2A 6.1A 6.2A Rules, Guidelines, and Frameworks Decisions often impact upon staff, peers and clients outside the immediate work area Makes decisions in situations where there is some, but not definitive, precedent about the application of an organisational framework Advice and analysis influences policy development Decisions may set precedents for peers Develops business plans to deliver on evolving organisational priorities Develops policy frameworks within area of expertise or responsibility on defined organisational priorities Participates in strategic planning and contributes to strategic decision making process Accountable for achievement of established corporate objectives including the formulation and implementation of local Develops policies, programs and initiatives that impact on programs or functional areas Required to interpret general policy framework to make decisions in the absence of definitive operational policies
Contributes to strategic business planning Interprets and applies business plans and policies in own area of responsibility and provides advice to others on implementation issues Accountable for work organisation, the allocation of resources within and the outputs required of the work area business plans Innovation and Originality Innovative thinking and analysis influences developments within area of responsibility Solutions and thinking may advance organisational innovation or occupational/professional knowledge Creatively develops options in a changing organisational environment Identifies and responds to new and emerging strategic issues impacting on the operating environment Contributes advanced expertise and knowledge to strategic planning and decision making processes Communication 5.1B 5.2B 6.1B 6.2B Initiates and maintains relationships with peer and senior internal and external Relies on formal and informal communication channels to achieve goals and engages stakeholders to help them Purpose of communication may be to resolve complex issues through a process of Is required to use formal and informal channels to influence organisation or program
stakeholders Focuses on understanding stakeholder issues Negotiates with stakeholders and peers with the object of gaining co-operation and meeting timelines for delivery of project, service or advice Prepares technical reports at an advanced professional level identify areas and opportunities for improvement Initiates and maintains effective relationships with internal and external stakeholders at peer or senior levels Manages consultation processes including engagement with key stakeholders. Negotiates with stakeholders, peers, industry bodies and other government agencies with the objective of gaining co-operation, influencing views and meeting timelines for delivery of project, service or advice Is influential in negotiations with external suppliers of major services consultation and negotiation Prepares technical reports at an authoritative level Develops briefs on highly complex issues that provide options for decision within an organisation Initiates and manages negotiations with peers (internal and external to work unit) to gain commitment to projects, and delivery of activities to meet timelines Provides and receives highly complex, contentious or sensitive information high levels of negotiation, communication and interpersonal skills are required Explains highly complex concepts, ideas and issues to an executive (i.e. non-expert) audience Represents own work area with external stakeholders, and effectively manages feedback Confidently represents the management to achieve goals Influences stakeholders holding competing priorities and Briefs high stakeholders in own area of expertise in a variety of forums Operates with loosely defined hierarchies of decision-making Negotiates to resolve differences to achieve agreement to project/program May be required to negotiate on the spot, often on the basis of limited information
Manages major projects for the organisation Provides policy advice to government, senior levels of the organisation and key external stakeholders Administrative and Corporate Support 5.1D 5.2D 6.1D 6.2D Manages a discrete function with limited budget or staff responsibilities Provides high level expertise dealing with more complex issues in a specialised corporate support function Manages a discrete function with increased budget, staff responsibilities, or sensitive or complex issues Provides professional leadership in a specialised corporate support function Manages an area with significant budget, staff responsibilities or strategic importance Contributes to strategic corporate initiatives and is responsible for implementation Provides leadership and guidance based on advanced expertise Manages a range of strategic corporate functions, each with significant budget, staff responsibilities or strategic importance Leads strategic corporate initiatives Operational Service Delivery 5.1E 5.2E 6.1E 6.2E Manages delivery within a defined service Develops service plans and delivery standards for the area of responsibility Manages delivery of a defined service with increased budget, staff responsibilities, or sensitive or complex issues Manages a large scale organisational service or regional delivery function Develops service delivery models within business plans and objectives Provides leadership and guidance based on advanced expertise Develops complex or specialised service delivery models
Determines service delivery resource allocation Provides specialist professional services or advice Provides specialist professional services or advice, including leadership and guidance to specialists in the field Provides highly specialist services or expert advice on service delivery Responsible for meeting service objectives, including financial, quality and time related targets for programs or projects Technical Specialist 5.1F 5.2F 6.1F 6.2F Specialist in an area of their profession and relied on for advice in this field Undertakes complex independent scientific, technical or specialist work and analysis Initiates research and analysis within an area of expertise consistent with organisational objectives Provides leadership and guidance to other specialists in the field Contributes to the development of standards relating to the sector, program or profession Subject matter expert that conceptualises, initiates, implements, promotes and evaluates complex and innovative technical programs Routinely advises senior levels of the organisation on policy issues and solutions within a functional area Develop technical or professional standards for the organisation Area of expertise and responsibility is complicated by the scale and difficulty of the issues Provides leadership and guidance based on advanced expertise Knowledge and Proficiency 5.1G 5.2G 6.1G 6.2G Uses specialist knowledge within a confined field to challenge policies and professional concepts. Applies complex concepts to policy development or research Provides leadership in the Modifies and applies concepts to new situations that may impact beyond the immediate work area Provides leadership in the application of concepts to policy development Uses knowledge of structures, processes and culture of government, the sector and the Department to develop policies and new program or project initiatives Applies complex concepts drawn from non-related fields Proficiency and expertise has a significant impact on the capability to deliver the policy agenda, program or project initiatives High level expertise in
adaptation and application of concepts to operational matters within local work area Models high leadership attributes to address policy issues High level expertise in the field or discipline the program area High expertise in a field or discipline that is critical to the program or organisation Table 1.3: VPS Grade Descriptors and Value Range Standard Descriptors - Senior Technical Specialist Value Range VR 1 VR 2 VR 3 7.1A 7.2A 7.3A Leads highly specialised professional research, Provides professional leadership in a major program or field of research Manages a significant professional research institute or function with significant resource management responsibilities Provide state-wide expertise within a specific field of endeavour critical to the agency’s overall program Responsible for quality professional outcomes of work Understands the implications of the work and its impact on/contribution to Departmental or Government policy Provides professional leadership and development of staff in area of professional expertise This value range is characterised by work consistent with that expressed in Value range 1 with broader scope, complexity and impact Provides authoritative advice and leadership in area of expertise Manages a professional discipline that impacts on department wide operations and provides high professional advice to programs across the agency Manages substantial resources primarily associated with projects of significance to the Department/Government or within the field of expertise Provides professional leadership and development of staff in area of professional expertise including leading and inspiring teams of fellow professionals Regarded as having the highest level of expertise within the Agency and is recognised nationally and internationally in narrower fields Expertise is of primary importance to the Department/Government Considerable resource management responsibility primarily associated with projects of primary importance to the Department/Government or within the field of scientific or professional expertise Manages capital management projects in the of multi-million dollar, cross portfolio or major agency projects