49. Blood Donation

49.1 An employee can take reasonable time away from duty during their ordinary work hours to donate blood, plasma or platelets. It includes reasonable travel time and employers will consider the employee on duty.

49.2 The employee must inform their manager in advance of when they will be away from work before donating blood, plasma or platelets.

50. Vaccinations

50.1 The department will offer annual influenza vaccinations at no cost to all employees.

50.2 Where the department requires an employee performing a role to be vaccinated for a particular condition, this vaccination will be offered at no expense to the employee.

51. Employee Assistance Program

51.1 Employees, their partners, and their dependents/children will have access to a confidential, professional counselling service to assist employees to manage personal and work issues. This service will be provided at no cost to employees by the department and will be accessible on paid time.

52. Workplace support

52.1 To assist in mitigating workplace injury and illness the department will reimburse the cost of medical treatments, generally up to the value of $400 within a 12-month period, for reported incidents of work-related injuries. This course of action does not remove or restrict an employee’s entitlement to claim workers’ compensation.

52.2 Further detail is set out in departmental guidelines.

53. Respect@Work

Principles

53.1 The department values a safe, respectful and inclusive workplace free from physical and psychological harm, harassment, discrimination and bullying. The department  recognises that preventing sexual harassment, sex discrimination, sex-based harassment and victimisation in the workplace is a priority.

53.2 The department recognises that approaches to prevent sexual harassment, sex discrimination, sex-based harassment and victimisation in the workplace should be holistic and consistent with the Australian Human Rights Commission’s guidance including the Good Practice Indicators Framework for Preventing and Responding to Workplace Sexual Harassment.

Consultation

53.3 The department will consult with employees and their unions in developing, reviewing and evaluating approaches to prevent sexual harassment, sex discrimination, sex-based harassment and victimisation in the workplace.

54. Family and domestic violence support

54.1 The department will provide support for employees affected by family and domestic violence, depending on the employee’s circumstances.

54.2 The department recognises that a holistic approach should be taken to support the employee, appropriate for the employee’s individual circumstances.

54.3 Family and domestic violence support provisions, including paid leave, are available to all employees covered by this agreement.

54.4 An employee experiencing family and domestic violence support is able to access paid miscellaneous leave. Reasons an employee experiencing family and domestic violence may access this leave include, but are not limited to:

1. illness or injury affecting the employee resulting from family and domestic violence;
2. providing care or support to a family member (including a household member) who is also experiencing family and domestic violence, and is ill or injured as a result of family and domestic violence;
3. providing care or support to a family member (including a household member) who is also experiencing family and domestic violence, and is affected by an unexpected emergency as a result of family and domestic violence;
4. making arrangements for the employee’s safety, or the safety of a close relative;
5. accessing alternative accommodation;
6. accessing police services;
7. attending court hearings;
8. attending counselling; and
9. attending appointments with medical, financial or legal professionals.

54.5 This entitlement exists in addition to an employee’s existing leave entitlements and may be taken as consecutive days, single days or part days and will count as service for all purposes.

54.6 Given the emergency context in which leave may need to be accessed, employees can proceed to take the leave and seek approval at a later date, as soon as practicable.

54.7 These provisions do not reduce an employee’s entitlement to family and domestic violence leave under the NES.

54.8 Paid miscellaneous leave available under this clause for ongoing and non-ongoing employees is paid at their full rate as if they were at work.

54.9 Paid leave for casual employees under this clause is paid at their full pay rate for the hours they were rostered to work in the period they took leave.

54.10 Evidence may be requested to support the department in approving leave. In most cases, this will not be required. Where it is required, this will be discussed with the employee and a statutory declaration is the only form of evidence the department will require, unless the employee chooses to provide another form of evidence.

54.11 An employee may also choose to provide other forms of evidence, including a medical certificate, or document issued by the Police Service, a Court, a Doctor, district Nurse, a Family Violence Support Service or Lawyer.

54.12 The department will take all reasonable measures to treat information relating to family and domestic violence confidentially. The department will adopt a ‘needs to know’ approach regarding communication of an employee’s experience of family and domestic violence, subject to steps the department may need to take to ensure the safety of the employee, other employees or persons, or mandatory reporting requirements.

54.13 Where the department needs to disclose confidential information for purposes identified in clause 54.12, where it is possible the department will seek the employee’s consent and take practical steps to minimise any associated safety risks for the employee and/or privacy breaches.

54.14 The department will not store or include information on the employee’s payslip in relation to the employee’s experience of family and domestic violence; any leave accessed for the purposes of family and domestic violence; or support(s) provided by the employer, unless otherwise required by legislation.

54.15 Other available support may include, but is not limited to, flexible working arrangements, additional access to EAP, changes to their span of hours or pattern of hours and/or shift patterns and/or location of work where reasonably practicable.

54.16 The department will acknowledge and take into account an employee’s experience of family and domestic violence if an employee’s attendance or performance at work is affected.

54.17 Further detail is set out in departmental guidelines.

55. Integrity

55.1 The department understands that procedural fairness is essential in building and maintaining trust with employees, and that it requires fair and impartial processes for employees affected by the department’s decisions.

55.2 Employees are to give advice that is frank, honest, timely and based on the best available evidence. Employees will not be disadvantaged or discriminated against because they have given advice in accordance with their expertise or professional qualifications and in accordance with the Code of Conduct in the PS Act.

55.3 Employees can, during their ordinary work hours, take time to:

1. access an ethics advisory service or another similar service, relevant to their work or employment, provided by a professional association such as a law society or in the department; and
2. attend department mandated training about integrity.

56. First Nations cultural competency training

56.1 The Clerk will take reasonable steps to ensure all substantive, ongoing PEL2 employees employed at the commencement of this agreement or any new substantive, ongoing PEL2 employees who commence within the first six months of this agreement will complete relevant First Nations cultural competency training within 12 months of the commencement of the agreement.

56.2 Any new substantive, ongoing PEL2 employee who commences after six months of the commencement of this agreement will be required to complete a relevant First Nations cultural competency training course within six months of their engagement or promotion.

57. Lactation and breastfeeding support

57.1 Reasonable paid time during work hours will be provided for lactation breaks for breastfeeding, expressing milk and other associated activities.

57.2 The department will provide access to appropriate facilities for the purpose of breastfeeding or expressing milk, subject to clause 57.3. In considering whether a space is appropriate, the department should consider whether:

1. there is access to refrigeration;
2. the space is lockable; and
3. there are facilities needed for expressing, such as appropriate seating.

57.3 Where it is not practicable for the department to have a designated space, a flexible approach will be taken so that the employee can access the support required.

57.4 The department will facilitate discussion between individual employees and their managers about accommodating the employee’s lactation needs and practical arrangements to meet these needs.

57.5 The manager and employee shall discuss any flexible working arrangements that may be needed to support lactation. This may include consideration of arrangements such as working from home and/or remote working or varying work hours on an ad-hoc or regular basis. Wherever possible, requests by an employee will be accommodated, noting these needs may change over time.

57.6 Further detail is set out in departmental guidelines.

58. Disaster support

58.1 Where an official disaster or emergency is declared and this prevents an employee from reasonably attending work, or where it impacts their household or home, the Clerk will consider flexible working arrangements to assist the employee to perform their work.

58.2 Where flexible working arrangements are not appropriate, the Clerk may grant paid miscellaneous leave to an employee with regard to the scale and nature of the emergency. This leave counts as service and may be approved retrospectively.

58.3 In considering what period of leave is appropriate, the Clerk will take into account the safety of the employee, their family and household and advice from local, State and Commonwealth authorities.