Clause 10 Vps Agreement

5 mars 2022 - 5 minutes read

Our clients have already struggled with the unfortunate uncertainty of whether it is within the power given by the clause to achieve a result that involves multiple sanctions, or whether the sanctions are disjunctive, meaning that only one can be enforced. In some cases, an employer may find it appropriate to apply more than one sanction to adequately address proven misconduct without resorting to dismissal. For obvious reasons, it is preferable, in such cases, to make it clear that this approach is compatible with the commitment agreement. Clause 15 contains a letter of intent that the VPS agreement as a whole must be interpreted in a manner consistent with the mobility principles and an explicit commitment that the parties will work towards the operationalisation of the mobility principles during the term of the agreement. Section 28 of the VPS Agreement aims to operationalize the government`s principles of gender pay equity in order to eliminate the gender pay gap. This clause establishes a review procedure (which is in fact a separate dispute resolution procedure) for the handling of a claim by an employee, a group of workers or the CPSU with regard to the principles of gender equality and allows such a claim to be resolved by the head of equal opportunities in the public sector. If the agent is unable to resolve a claim, it may be designated as a labour dispute to be resolved by the Fair Work Board. In addition, section 18.3 has been amended to clarify that the probationary period is served at the beginning of employment with the SPPV and not with a single department or agency. There is another notable change to the misconduct management clause that employers should be aware of. Paragraph 25.14(b) now provides that a party to a misconduct investigation may bring a dispute under section 13 (Dispute Resolution) on the issue of procedural fairness if an investigation under section 25.10 is not completed within six months of notification of the alleged misconduct to the employee.

Some clients may have encountered a problem with existing clause 21.12(b) of the 2016 Disciplinary Outcome Agreement, which states that « . the possible disciplinary outcomes are as follows: … « , and then lists the severity of available sanctions separated by the word « or ». According to Article 28, employers must also consult the CPSU when preparing equality action plans in accordance with the Equality Act 2020 (Vic). Clause 15 contains a letter of intent that the VPS agreement as a whole is to be interpreted in accordance with the mobility principles and an explicit commitment that the parties will work towards the operationalisation of the mobility principles during the term of the agreement. As there are over 1800 employers in the Victorian public sector, there is not a single document that contains information on every employment salary, salary range or job performance. These therefore vary according to the organisation of the public sector and the company agreement that covers its employees. Our clients have already faced the unfortunate uncertainty of whether it is within the power given by the clause to achieve a result that involves multiple sanctions, or whether the sanctions are disjunctive, meaning that only one can be applied. In some cases, an employer may find it appropriate to apply more than one sanction to adequately address proven misconduct without resorting to dismissal. For obvious reasons, in such cases, it is better to clarify that this approach is compatible with the company agreement. However, there are various agreements that apply to a large part of the Victorian public sector.

One of them is the Victoria Public Utilities Agreement 2020. It shall contain information on the grades, steps and other general conditions of employment of the services and bodies concerned. Such reassignment would be by agreement between the employer and the employee, rather than conducting an unsatisfactory work performance process in accordance with section 24 ..