Love your work

On average, people spend around 25% of their total waking hours working. For some people, it is even higher. So it makes sense to ensure you are in a team that has a strong ethical foundation, you have a voice in team decisions, you can have an impact, and most of all feel like you are growing. It is also important that standards of employment are fair and competitive.

Minimum standards of employment for all team members

• Maximum weekly hours of work – 38 hours per week, plus reasonable additional hours.
• Requests for flexible working arrangements – we encourage team members to develop their own working arrangement.
• Parental leave and related entitlements – up to 12 months unpaid leave and the right to ask for an extra 12 months unpaid leave. Also includes adoption‑related leave.
• Annual leave – four weeks paid leave per year, plus an additional week for some shift workers.
• Personal/carer’s leave, compassionate leave, and family and domestic violence leave – 10 days paid personal/carer’s leave, two days unpaid carer’s leave as required, two days compassionate leave as required and five days unpaid family and domestic violence leave (in a 12-month period).
• Community service leave – unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service.
• Long service leave – paid leave for team members who have been with VSPRY for a long time.
• Public holidays – a paid day off on a public holiday (unpaid for casuals), except where reasonably requested to work.
• Termination and redundancy – up to 5 weeks notice of termination and up to 16 weeks redundancy pay, both based on length of service.
• Fair Work Information Statement – provided to all new team members.

1. Maximum weekly hours of work

VSPRY will not request or require a team member to work more than the following hours of work in a week, unless the additional hours are reasonable:

• for a full-time team member, 38 hours or
• for a team member other than a full-time team member, the lesser of:
• 38 hours
• the team member’s ordinary hours of work in a week.

The hours a team member works in a week includes any hours of leave or absence (paid or unpaid) that is authorised:

• by VSPRY or
• by or under a term of the team member’s employment or
• by or under a Commonwealth, State or Territory law, or an instrument in force under such a law.

A team member may refuse to work additional hours if they are unreasonable. In determining whether additional hours are reasonable or unreasonable, VSPRY will take into account:

• any risk to a team members health and safety
• the team member’s personal circumstances, including family responsibilities
• the needs of VSPRY
• whether the team member is entitled to receive overtime payments, penalty rates or other compensation for (or a level of remuneration that reflects an expectation of ) working additional hours
• any notice given by VSPRY to work the additional hours
• any notice given by the team member of his or her intention to refuse to work the additional hours
• the usual patterns of work in our industry
• the nature of the team member’s role and the team member’s level of responsibility
• whether the additional hours are in accordance with 10-week averaging provisions adopted by VSPRY
• any other relevant matter.

VSPRY adopts a 10 week averaging period, whereby a team member cannot be requested or required to work more than 380 hours over a 10 week period.

2. Requests for flexible working arrangements

A team member may request a change in their working arrangements with VSPRY if they require flexibility because they:

• are the parent, or have responsibility for the care, of a child who is of school age or younger
• are a carer (within the meaning of the Carer Recognition Act 2010)
• have a disability
• are 55 or older
• are experiencing violence from a member of their family, or
• provide care or support to a member of their immediate family or household, who requires care or support - because they are experiencing violence from their family.

If a team member is the parent of a child or has responsibility for the care of a child and is returning to work after taking parental or adoption leave, the team member may request to return to work on a part-time basis to help them care for the child.

Examples of changes in working arrangements may include:

• changes in hours of work (e.g. reduction in hours worked, changes to start/finish times),
• changes in patterns of work (e.g. working ‘split-shifts’ or job sharing arrangements)
• changes in location of work (e.g. working from home or another location).

Team members are not entitled to make the request unless they have completed at least 3 months of continuous service with VSPRY immediately before making the request.

Casual team members are entitled to make a request if:

• they have been employed by VSPRY on a regular and systematic basis for a sequence of periods of employment of at least 6 months immediately before making the request
• there is a reasonable expectation of continuing employment by VSPRY on a regular and systematic basis.

A request for a change in working arrangements must be made in writing by a team member, and set out details of the change sought and reasons for the change. VSPRY will provide the requesting team member with a written response to the request within 14 days, stating whether the request has been accepted or refused. VSPRY may refuse the request only on reasonable business grounds, and such decision will be provided in writing which will include the reasons for the refusal.

Reasonable business grounds for refusing a request for flexible working arrangements include but are not limited to:

• the new working arrangements requested by the team member would be too costly for VSPRY
• there is no capacity to change the working arrangements of other team members to accommodate the new working arrangements requested by the team member
• it would be impractical to change the working arrangements of other team members, or recruit new team members, to accommodate the new working arrangements requested by the team member
• the new working arrangements requested by the team member would be likely to result in significant loss of efficiency or productivity
• the new working arrangements requested by the team member would be likely to have a significant negative impact on customer service

3. Parental leave

Parental leave includes birth-related leave and adoption-related leave, with VSPRY recognising same sex de-facto relationships. In addition to unpaid parental leave, VSPRY also provides the following related entitlements:

• unpaid special maternity leave
• a right to transfer to a safe job in appropriate cases, or to take ‘no safe job leave’
• consultation requirements
• a return to work guarantee
• unpaid pre-adoption leave.

All team members are eligible for unpaid parental leave if they have completed at least 12 months of continuous service with VSPRY. This includes casual team members, but only if:

• they have been employed by VSPRY on a regular and systematic basis for a sequence of periods over at least 12 months
• had it not been for the birth (or expected birth) or adoption (or expected adoption) of a child, they would have a reasonable expectation of continuing employment by VSPRY on a regular and systematic basis.

Each eligible team member of a parenting couple may take a separate period of up to 12 months of unpaid parental leave. However, if only one person is taking leave, or if one member of a parenting couple wishes to take more than 12 months leave, the team member may request a further period of up to 12 months, from VSPRY. A ‘parenting couple’ is where two team members (not necessarily of the same VSPRY) are in a spousal or de-facto relationship. Parental leave is only available to team members who have or will have responsibility for the care of a child. The leave must be associated with:

• the birth of a child to the team member, the team member’s spouse, or the team member’s de-facto partner, or
• the placement of a child under 16 with the team member for adoption.

The ‘child of a person’ is defined by the Family Law Act 1975 as someone who is a person’s biological, adopted or step child. A team member’s ‘de-facto partner’ is defined as a person who, although not legally married to the team member, lives with them in a relationship as a couple on a genuine domestic basis. Former de-facto partners are also included. The Fair Work Act 2009 ensures that same sex de-facto relationships are recognised for unpaid parental leave entitlements. This means that the same sex de-facto partner of either a person who gives birth or a biological parent may be eligible to take unpaid birth-related leave. There are different rules for taking unpaid parental leave, depending on:

• if one team member takes leave, or
• if both members of a parenting couple take leave.

The following rules apply where one parent (or only one member of a parenting couple) takes leave:

• Leave must be taken in a single continuous period (paid leave, such as annual leave, may be taken at the same time).
• In the case of a pregnant team member, leave can start up to six weeks before the expected date of birth, or earlier if VSPRY and the team member agree.
• If the team member is not giving birth to the child, leave starts on the date of birth or placement of the child. Leave may start at any time within 12 months after the birth or placement of the child if: - the team member has a spouse or de-facto partner who is not a team member, and - the spouse or de-facto partner has responsibility for the care of the child.

The following rules apply to a parenting couple if both take unpaid parental leave:

• The team members are entitled to no more than 24 months of leave between them, which generally must be taken separately in a single continuous period.
• If the team member who takes leave first is pregnant or gives birth, they may start their leave up to 6 weeks before the expected date of birth, or earlier if VSPRY and team member agree.
• If the team member who takes leave first is not pregnant, their leave must start on the date of birth or placement of a child.
• Both team members of a parenting couple may take leave at the same time for a maximum period of 8 weeks. This leave must be taken within 12 months of the birth or adoption of a child. The concurrent leave may be taken in separate periods. Each period must be no shorter than 2 weeks unless VSPRY agrees.
• Concurrent leave is unpaid parental leave and is deducted from a team member’s unpaid parental leave entitlement of 12 months.
• Paid leave, such as annual leave, may be taken at the same time as unpaid parental leave.

A team member taking 12 months parental leave may request an extension of a further 12 months leave (up to 24 months in total), unless they are a member of a parenting couple and the other member has already taken 12 months of leave. The request must be in writing and given to VSPRY at least four weeks before the end of the team member’s initial period of parental leave. VSPRY must respond in writing within 21 days, stating whether they grant or refuse the request. VSPRY may only refuse if we have given the team member a reasonable opportunity to discuss their request, and there are reasonable business grounds to do so, with such reasons provided in writing. Reasonable business grounds for refusing a request may include:

• the effect on the workplace (e.g. the impact on finances, efficiency, productivity, customer service)
• the inability to manage the workload among existing staff
• the inability to recruit a replacement team member.

A pregnant team member wanting to work the six weeks before birth may be asked by VSPRY to provide a medical certificate containing the following:

• a statement of whether the team member is fit for work

• if the team member is fit for work, a statement of whether it is inadvisable for the team member to continue in her present position because of:

  • illness or risks arising out of the team member’s pregnancy or
  • hazards connected with the position.

VSPRY may require the team member to take a period of unpaid parental leave as soon as possible if the team member:

• fails to provide the requested medical certificate within seven days of the request or
• provides a certificate within seven days stating that they are not fit for work

This form of directed leave runs until the end of the pregnancy or until the planned leave was due to start, and is deducted from the team member’s unpaid parental leave entitlement. It is exempt from the rules about when the leave must start, that it be taken in a continuous period, and notice requirements. A team member is not entitled to take unpaid parental leave unless they:

• inform VSPRY of their intention to take unpaid parental leave by giving at least 10 weeks written notice (unless it is not possible to do so)
• specify the intended start and end dates of the leave

• at least four weeks before the intended start date:

  • confirm the intended start and end dates or
  • advise VSPRY of any changes to the intended start and end dates (unless it is not possible to do so).

Where concurrent leave is to be taken in separate periods, these notice requirements apply to the first period of that leave. For second and subsequent periods, the team member must provide VSPRY with 4 weeks notice. VSPRY may require evidence that would satisfy a reasonable person of the actual or expected date of birth of a child (e.g. a medical certificate), or the day or expected day of placement of a child under 16.

An eligible pregnant team member can reduce or cancel their period of unpaid birth-related parental leave if their pregnancy ends due to their child being stillborn, or if their child dies after birth. Whether leave is cancelled or reduced, the team member’s entitlement to unpaid parental leave ends immediately before the day they are specified to return to work. These provisions don’t limit VSPRY or a team member agreeing to reduce the period of unpaid parental leave once it has started, should an agreement be reached. An eligible pregnant team member is entitled to take unpaid special maternity leave if the team member is not fit for work because of:

• a pregnancy-related illness, or
• the pregnancy ends, not in the birth of a living child, within 28 weeks of the expected date of birth.

A team member must give VSPRY notice they are taking unpaid special maternity leave as soon as possible (which may be after the leave has started), and the expected period of leave. VSPRY may require evidence that would satisfy a reasonable person (e.g. a medical certificate). The entitlement to unpaid parental leave is not reduced by the amount of any unpaid special maternity leave taken by the team member while they are pregnant.

A pregnant team member has an entitlement to be transferred to an ‘appropriate safe job’. An appropriate safe job is a job that has:

• the same ordinary hours of work as the team member’s present position or
• a different number of ordinary hours agreed to by the team member.

This entitlement applies if the team member has provided evidence (e.g. a medical certificate) that would satisfy a reasonable person that they are fit for work, but that it is inadvisable for them to continue in their present position during a period because of:

• illness or risks arising out of the pregnancy or
• hazards connected with that position.

If this requirement is met and there is an appropriate safe job available, the team member must be transferred to that job for the risk period, with no other change to the team member’s terms and conditions of employment. VSPRY will pay the team member at their full rate of pay for the position they were in before the transfer and for the hours they work during the risk period. If there is no appropriate safe job available, and the team member is entitled to unpaid parental leave then the team member is entitled to take paid ‘no safe job leave’ for the risk period, and be paid at their base rate of pay for ordinary hours of work during the risk period. If there is no appropriate safe job available, and the team member is not entitled to unpaid parental leave then the team member is entitled to take unpaid ‘no safe job leave’ for the risk period. If a team member is on paid no safe job leave during the six week period before the expected date of birth, VSPRY may ask the team member to give VSPRY a medical certificate stating whether they are fit for work. VSPRY may require the team member to take a period of unpaid parental leave, if they are eligible, as soon as practical if:

• the team member does not give VSPRY a medical certificate within seven days after the request or
• within seven days after the request, the team member provides a certificate stating they are not fit for work.

The no safe job leave ends when the period of unpaid parental leave starts.

Team members on unpaid parental leave are entitled to be kept informed of decisions by VSPRY that will have a significant effect on the status, pay or location of their pre-parental leave position. VSPRY must take all reasonable steps to give the team member information about (and an opportunity to discuss) the effect of any such decisions on the team member’s position. The team member’s pre-parental leave position is the position they held before starting the unpaid parental leave, or the position they held before they were transferred to a safe job or reduced their hours due to the pregnancy. A team member is guaranteed to return to work immediately following a period of unpaid parental leave, entitling them to:

• their pre-parental leave position, or
• if that position no longer exists, an available position for which they are qualified and suited, which is nearest in status and pay to their pre-parental leave position.

Before engaging a team member to perform the work of the team member on leave, VSPRY is required to notify the replacement team member:

• that their engagement is temporary
• that the team member on leave has a guarantee to return to work when their unpaid parental leave ends
• the rights of the team member on leave in the case of a stillbirth or infant death
• the rights of the team member on leave in the case where they cease to have responsibility for the care of the child.

The Paid Parental Leave Act 2010 makes provision for keeping in touch days. A keeping in touch day is when a team member performs work for VSPRY on a day or part of a day while on a period of approved leave. Such a day (or part of a day) will be considered a keeping in touch day if:

• the purpose of performing work is to enable the team member to keep in touch with their employment (this will also assist when the team member returns to work once their leave has ended)
• both the team member and VSPRY consent to the team member performing specific work on that day
• the day is not within 42 days of the date of birth or placement of the child to which the period of leave relates (if requested by VSPRY)
• the day is not within 14 days of the date of birth or placement of the child to which the period of leave relates (if requested by the team member)
• the team member has not already performed 10 days of work during the period of leave that were keeping in touch days.

A team member who performs work on a keeping in touch day is entitled to payment from VSPRY in accordance with their contract of employment. A keeping in touch day will not break the single continuous period of unpaid parental leave.

All team members (regardless of their length of service) are entitled to up to two days of unpaid pre-adoption leave to attend any interviews or examinations required for the adoption of a child. This leave may be taken as:

• a single continuous period of up to two days or
• any separate periods to which the team member and VSPRY agree.

VSPRY may, however, direct a team member to take another form of leave (e.g. paid annual leave) before accessing their unpaid pre-adoption leave entitlement. A team member must give VSPRY notice they are taking unpaid pre-adoption leave and the expected duration as soon as possible (which may be after the leave has started) and, if required, evidence that would satisfy a reasonable person.

Team members may also have an entitlement to the Australian Government Paid Parental Leave scheme, which provides government-funded Parental Leave Pay, and Dad and Partner Pay at the National Minimum Wage to team members who meet the eligibility criteria. For more information about government-funded paid parental leave, team members should contact the Department of Human Services’ website at www.humanservices.gov.au or call them on 13 61 50.

4. Annual leave

A team member (other than a casual team member) accumulates four weeks of paid annual leave for each year of service with VSPRY. A team member’s entitlement to annual leave accumulates continuously based on the number of ordinary hours they work. Annual leave continues to accumulate when a team member takes a period of paid annual leave or paid personal/carer’s leave. Annual leave will not accumulate on unpaid leave unless it is community service leave.

A team member classified as a ‘shift-worker’ is entitled to five weeks paid annual leave, which applies to team members whom:

• are engaged in a role where shifts are continuously rostered 24 hours a day for seven days a week
• are regularly rostered to work those shifts
• regularly work on Sundays and public holidays.

A team member is not on annual leave if the period during which a team member takes annual leave:

• includes a day or part-day that is a public holiday
• includes a period of any other leave (other than unpaid parental leave), or a period of absence from employment due to community service leave.

Annual leave is paid at the team member’s base pay rate for all ordinary hours worked. Ordinary hours cannot exceed 38 hours in a week. The base rate does not include:

• overtime rates
• penalties
• allowances
• bonuses.

On termination of employment, VSPRY will pay a team member for any period of un-taken annual leave. The payment for the un-taken leave will be the same as what the team member would have been paid if they took the leave.

VSPRY's employment contracts outline when and how annual leave is taken, along with:

• taking annual leave in advance
• taking annual leave within a fixed period of time after it is accumulated
• period of notice before taking annual leave
• cashing out annual leave.

If a team member takes leave in advance and their employment ends before they've accumulated it all back, VSPRY will deduct the amount still owing from their final pay.

VSPRY can direct a team member to take annual leave, but only if the request is reasonable, in circumstances including but not limited to:

• the team member has an excessive annual leave balance
• VSPRY’s non-essential operations are being shut down for a period (such as between Christmas and New Year).

In assessing reasonableness, VSPRY will consider:

• the needs of the team member and VSPRY’s business
• any agreed arrangement with the team member
• custom and practice of VSPRY's business and industry
• timing of the direction or requirement to take leave
• the length of the period of notice given.

In certain circumstances VSPRY can direct a team member to take annual leave when they have an excessive annual leave balance, which is defined as more than:

• 8 weeks of annual leave, or
• 10 weeks of annual leave if they are a shift-worker.

Team members may "cash out" annual leave in certain circumstances, by agreement with VSPRY. To qualify for consideration:

• the team member must retain at least four weeks annual leave after the cash out
• there must be a signed, written agreement for the cash out between VSPRY and the team member (that outlines - the amount of leave being cashed out, the amount they will be paid and the date it will be paid which will be the same as what the team member would have been paid if they took the leave).

5. Personal/carer's leave, compassionate leave, and family and domestic violence leave

The term ‘personal/carer’s leave’ effectively covers both sick leave and carer’s leave. Team members receive:

• 10 days each year for full-time team members
• pro rata of 10 days each year depending on their hours of work for part-time team members.

A team member’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the number of ordinary hours worked, and accumulates from year to year. Personal/carer’s leave continues to accrue when a team member takes a period of paid personal/carer’s leave or paid annual leave. Personal carer’s leave and compassionate leave will not accrue on unpaid leave unless it is community service leave.

A team member may take paid personal/carer’s leave:

• if they are unfit for work because of their own personal illness or injury (including pregnancy-related illness), or
• to provide care or support to a member of their immediate family or household, because of a personal illness, injury or unexpected emergency affecting the member. A member of the team member’s immediate family means a spouse, de-facto partner, child, parent, grandparent, grandchild or sibling of a team member; or a child, parent, grandparent, grandchild or sibling of the team member’s spouse or de-facto partner.

When paid personal/carer’s leave is taken, the minimum requirement is that a team member must be paid at their base rate of pay for the ordinary hours they would have worked during the period. A team member’s ‘base rate of pay’ is the rate of pay payable to a team member for his or her ordinary hours of work, but not including any of the following:

• incentive-based payments and bonuses
• loading's
• monetary allowances
• overtime or penalty rates
• any other separately identifiable amounts.

A team member (including a casual team member) is entitled to two days of unpaid carer’s leave for each occasion when a member of the team member’s immediate family or household requires care or support because of a personal illness, injury, or an unexpected emergency. A team member may take unpaid carer’s leave for each occasion as a single continuous period of up to two days, or any separate periods to which the team member and VSPRY agree. A team member cannot take unpaid carer’s leave during a particular period if the team member could instead take paid personal/carer’s leave (this does not apply to casuals who have no entitlement to paid personal/carer’s leave).

A team member (including a casual team member) is entitled to two days of compassionate leave to spend time with a member of their immediate family or household who has sustained a life-threatening illness or injury. Compassionate leave may also be taken after the death of a member of the team member’s immediate family or household. A team member may take compassionate leave for each occasion as:

• a single continuous two day period or
• two separate periods of one day each or
• any separate periods to which the team member and his or her employer agree.

If a team member (other than a casual team member) takes a period of compassionate leave, VSPRY will pay the team member at the team member’s base rate of pay for the ordinary hours they would have worked during the period. As mentioned above, casual team members are not entitled to any paid personal/carer’s leave or compassionate leave. However, casuals are entitled to unpaid carer’s leave or compassionate leave.

A team member (including a casual team member) is entitled to five days of unpaid family and domestic violence leave each year. Team members are entitled to the full five days from the day they start work. They don’t have to build it up over time. The five days renew each 12 months but don't accumulate from year to year if it isn’t used. Team members can take the leave if they need to do something to deal with the impact of family and domestic violence and it's impractical to do so outside their ordinary hours of work. For example, this could include:

• making arrangements for their safety, or safety of a family member (including relocation)
• attending court hearings, or
• accessing police services.

The leave doesn’t need to be taken all at once and can be taken as a single or multiple days. VSPRY and the team member can also agree for the team member to take less than one day at a time, or for the team member to take more than five days.

For all periods of personal/carer’s leave or compassionate leave, a team member must give VSPRY notice of the taking of such leave. The notice must be given to VSPRY as soon as practicable (which may be a time after the leave has started), and must advise VSPRY of the period, or expected period, of the leave. VSPRY is entitled to request evidence that would substantiate the reason for leave. A failure to either provide notice or, if required, evidence that would satisfy a reasonable person to substantiate the reasons for the leave, means the team member is not entitled to the leave. VSPRY can ask a team member for evidence that shows the team member took the leave to deal with family and domestic violence. The evidence has to convince a reasonable person that the team member took the leave to deal with the impact of family and domestic violence. Types of evidence can include:

• documents issued by the police service
• documents issued by a court
• family violence support service documents, or
• a statutory declaration.

VSPRY is sensitive to the need to keep any information about a team member’s situation confidential, when we receive it as part of an application for leave. If information is mishandled, it could have serious adverse consequences for the team member. VSPRY will work with the team member to discuss and agree on how the information will be handled. This includes information about the team member giving notice that they’re taking the leave and any evidence they provide. VSPRY is not prevented from disclosing information if:

• it's required by law, or
• is necessary to protect the life, health or safety of the team member or another person.

6. Community service leave

VSPRY provides for team members to be absent from work to engage in certain community service activities such as:

• a voluntary emergency management activity
• jury duty, including attendance for jury selection.

A team member engages in a voluntary emergency management activity only if they:

• engage in an activity that involves dealing with an emergency or natural disaster
• engage in the activity on a voluntary basis
• were either requested to engage in an activity, or it would be reasonable to expect that such a request would have been made if circumstances had permitted
• are a member of, or have a member-like association with, a recognised emergency management body.

A recognised emergency management body is:

• a body that has a role or function under a plan that is for coping with emergencies and/or disasters (prepared by the Commonwealth, a state or a territory)
• a fire-fighting, civil defence or rescue body
• any other body, or part of a body, which substantially involves responding to an emergency or natural disaster.

This would include bodies such as the State Emergency Service (SES), Country Fire Authority (CFA) or the RSPCA (in respect of animal rescue).

There is no set limit on the amount of leave a team member is entitled to. They can be absent from their employment:

• for the time that they are engaged in the activity, including reasonable travelling time associated with the activity, and reasonable rest time immediately following the activity
• if the absence is reasonable in all the circumstances ( jury duty is taken to always be reasonable).

For a team member to be covered by the community service leave provisions, they must give VSPRY:

• notice of the absence as soon as practicable
• the period or expected period of absence
• evidence that they are entitled to the leave, if requested by VSPRY.

Community service leave is unpaid, except for jury duty. Team members (except casuals) are entitled to make-up pay for the first 10 days they are absent for jury duty. Make-up pay is the difference between jury duty pay (excluding expense-related allowances) and the team member’s base pay rate for the ordinary hours they would have worked. If requested by VSPRY, a team member must show:

• they have taken all necessary steps to obtain jury duty pay
• the total amount of jury duty pay that has been paid or will be payable to the team member for the period.

If the team member is unable to provide this evidence, they won’t be entitled to make-up pay.

7. Long service leave

The entitlement to long service leave is based on a qualifying period of continuous service with VSPRY. Continuous service refers to paid working time and paid leave. Long service leave entitlements are based on continuous service with VSPRY including instances where:

• a team member’s continuity of service with VSPRY is not broken if the team member’s service is temporarily lent or let on hire by VSPRY to another employer.
• a team member’s continuity of service with VSPRY is not broken by an absence, including through illness or injury on paid leave approved by VSPRY; or on unpaid leave approved by VSPRY.
• a team member’s continuity of service with VSPRY is not broken if the team member’s employment is terminated by VSPRY or team member because of illness or injury; and VSPRY re-employs the team member; and the team member has not been employed in a calling, whether on the team member’s own account or as a team member, between the termination and the re-employment.
• a team member’s continuity of service with VSPRY is not broken if the team member’s employment is terminated by VSPRY or team member; and VSPRY re-employs the team member within 3 months after the termination.
• a team member’s continuity of service with VSPRY is not broken if the team member’s employment is interrupted or terminated by VSPRY as a direct or indirect result of an industrial dispute, and VSPRY re-employs the team member.
• a team member’s continuity of service is not broken if the team member’s employment is interrupted or terminated by VSPRY because of slackness of trade or business; and VSPRY re-employs the team member.
• service with VSPRY and any of VSPRY's subsidiaries is taken to be continuous service with VSPRY.

Team members are entitled to take 8.6667 weeks of paid long service leave after a period of 10 years' continuous service. When a team member has completed their first 10 years' of continuous service, they are entitled to take an additional 4.3333 weeks' paid long service leave once they have completed a further 5 years' continuous service. For continuous service beyond this point, access to further leave accrued is not subject to a qualifying period.

Period of continuous service	Long service leave entitlement
10 years	8.6667 weeks
After a further 5 years a further	4.3333 weeks (total of 13 weeks)
More than 15 years	long service leave can be accessed as it accrues
Less than 10 years	possible pro-rata payment on termination in limited circumstances
Less than 7 years	no entitlement
Less than 10 years	possible pro-rata payment on termination in limited circumstances

On termination of employment a team member may be entitled to receive a payment for the balance of any long service leave accrued.

Full-time team members are entitled to take 8.6667 weeks of paid long service leave after a period of 10 years' continuous service. Long service leave is paid at the ordinary rate (i.e. excluding overtime payments) being paid to the team member at the time of taking the leave.

Mixed employment status team members who have had a mixture of employment status (full-time, casual or regular part-time) during their continuous service, have their long service leave entitlement calculated using the total ordinary hours whilst employed as a full-time team member as well as those while employed as a casual or regular part-time team member.

Casual and regular part-time team members have their qualifying period for long service leave entitlement the same as that for full-time team members (i.e. leave is due after 10 years’ continuous service). VSPRY records the total number of ordinary hours worked by each casual and regular part-time team member from the start of the team member’s service worked out to and including 30 June each year. The entitlement to long service leave is calculated as the number of ordinary hours for the complete period of employment divided by 52, multiplied by 8.6667, then divided by 10. The continuous service of a casual team member ceases if the employment is broken by more than 3 months. A casual team member is entitled to be paid at their ‘loaded’ casual hourly rate.

A period of unpaid leave:

• may not break the continuity of service
• does not count as service
• includes the Australian Government Parental Leave Pay scheme

Anniversary dates are adjusted by VSPRY to reflect any period of unpaid leave.

Generally, the only absences from work which count as continuous service to determine a long service leave entitlement are periods of paid leave. Periods of absence on WorkCover may also count as continuous service to determine a long service leave entitlement. Long service leave does not accumulate during unpaid parental leave but such leave does not break the continuity of service. The long service leave entitlement is based on a period of continuous service. Continuity of service may be broken by certain absences from work which means time served prior to the absence will not be included when calculating future entitlements. However, a team member’s continuity of service is not broken for the following reasons:

• absence from work on leave (paid or unpaid and for any length of time) granted by VSPRY, including such - absences through illness or injury
• termination of the team member's service because of illness or injury, provided the team member is re-employed by VSPRY (after any length of time) and the team member has not engaged in other work during the absence
• termination of the team member's employment if the team member is re-employed by VSPRY within 3 months
• interruption or termination of a team member's service by VSPRY due to an industrial dispute or slackness in business or trade if the team member is re-employed by VSPRY (after any length of time).

Team members may have an entitlement to receive proportionate payment of long service leave on termination of employment after completing 7 years continuous service with VSPRY. However, team members who have completed 7 but less than 10 years’ continuous service are entitled to pro-rata long service leave only if the primary reason for the termination falls within the following criteria:

• the team member's service is terminated by their death.
• the team member terminates their service because of their illness or incapacity or because of a domestic or other pressing necessity.
• VSPRY dismisses the team member for a reason other than the team member's conduct, capacity or performance.

8. Public holidays

The following days are public holidays for the purposes of VSPRY's minimum employment conditions:

• 1 January (New Year’s Day)
• 26 January (Australia Day)
• Good Friday
• Easter Monday
• 25 April (Anzac Day)
• Queen’s birthday holiday (the day on which it is celebrated in a State or Territory or a region of a State or Territory)
• 25 December (Christmas Day)
• 26 December (Boxing Day)
• any other day or part-day declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory (or a region of the State or Territory) as a public holiday.

If, under the law of a State or Territory, a day or part-day is substituted for any of the above days or part-days, then the substituted day or part-day is the public holiday.

What are reasonable grounds for requesting or refusing to work for VSPRY on a public holiday? In determining whether a request (or a refusal of such a request) to work on a public holiday for VSPRY is reasonable, VSPRY will account for the following:

• the nature of the VSPRY’s workplace (including its operational requirements) and the nature of the work performed by the team member
• the team member’s personal circumstances, including family responsibilities
• whether the team member could reasonably expect that VSPRY might request work on the public holiday
• whether the team member is entitled to receive overtime payments, penalty rates, additional remuneration or other compensation that reflects an expectation of work on the public holiday
• the type of employment (e.g. full-time, part-time, casual or shift-work)
• the amount of notice in advance of the public holiday given by VSPRY when making the request
• the amount of notice in advance of the public holiday given by the team member in refusing the request
• any other relevant matter.

If a team member is absent from work on a day or part day that is a public holiday, VSPRY must pay the team member (other than a casual team member) the base rate of pay for the team member’s ordinary hours of work on that day or part-day. The base rate of pay to be paid excludes incentive-based payments and bonuses, loading's, monetary allowances, overtime or penalty rates, or any other separately identifiable amounts. However, a team member is not entitled to payment if they do not have ordinary hours of work on the public holiday.

9. Termination and redundancy

VSPRY will provide a terminated team member with written notice of the day of termination when ending their employment. Some exceptions apply (see below). VSPRY may give notice to the team member by either:

• delivering it personally
• leaving it at the team member’s last known address
• sending it by pre-paid post to the team member’s last known address.

VSPRY will not terminate a team member unless VSPRY has either:

• given the minimum period of notice
• paid the team member instead of giving notice. This is paid at the team member's full pay rate as if they had worked the minimum notice period.

A team member’s full pay rate includes the following:

• incentive-based payments and bonuses
• loading's
• monetary allowances
• overtime or penalty rates
• any other separately identifiable amounts

Period of continuous service	Notice period (age <45yrs)	Notice period (age =>45yrs)
3 months or less	1 week	2 weeks
3 months to 3 years	2 weeks	3 weeks
3 years to 5 years	3 weeks	4 weeks
More than 5 years	4 weeks	5 weeks

VSPRY does not need to provide notice of termination (or payment in lieu of notice) to team members who:

• are casual
• are employed for a specified period of time, task or season (e.g. a fixed term contract team member)
• are fired because of serious misconduct (e.g. engaging in theft, fraud or assault)
• have a training arrangement and are employed for a set period of time or for the length of the training arrangement (other than an apprentice)

Termination due to redundancy occurs when VSPRY either decides they no longer need a team member's job to be done by anyone, and terminates their employment. The job itself, not the team member, becomes redundant. Redundancy can happen when VSPRY:

• introduces new technology (e.g. the job can be done by a machine)
• suffers from a downturn in a particular market segment
• exits a market
• relocates interstate or overseas
• restructures or reorganises due to a merger or takeover

Affected team members receive redundancy pay based on their continuous period of service with VSPRY. This amount is paid at the team member's base pay rate for ordinary hours worked. A team member's base rate of pay is the pay rate they receive for working their ordinary hours, but does not include the following:

• incentive-based payment and bonuses
• loading's
• monetary allowances
• overtime or penalty rates
• any other separately identifiable amounts

Period of continuous service	Redundancy pay
At least 1 year but less than 2 years	4 week
At least 2 years but less than 3 years	6 weeks
At least 3 years but less than 4 years	7 weeks
At least 4 years but less than 5 years	8 weeks
At least 5 years but less than 6 years	10 weeks
At least 6 years but less than 7 years	11 weeks
At least 7 years but less than 8 years	13 weeks
At least 8 years but less than 9 years	14 weeks
At least 9 years	16 weeks

Some team members don't get redundancy pay when their job is made redundant. The following team members don't get redundancy pay:

• team members whose period of continuous service with VSPRY is less than 12 months

• team members employed for:

  • a stated period of time (i.e. a fixed term contract)
  • an identified task or project
  • a particular season
• team members fired because of serious misconduct
• casual team members
• trainees engaged only for the length of the training arrangement
• apprentices

10. Fair Work Information Statement

VSPRY will provide to every new employee, a copy of the Fair Work Information Statement before (or as soon as practicable after) the team member commences their employment with VSPRY.