Application
This Policy applies to all departments and public sector bodies of the State of Victoria and their non-executive level employees, as defined under the Public Administration Act 2004 (Vic) (PA Act) and other Victorian legislation.
Overview
The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present.
The Government promotes the development of safe and inclusive workplaces that support First Nations public sector employees. A supportive work environment plays a central role in enhancing wellbeing and workforce participation. Employers have a responsibility to ensure First Nations employees have a supportive environment to work in.
From a principle of self-determination, the Victorian Government acknowledges the need to prioritise culture, address racism and promote cultural safety in the workplace. To promote cultural safety in the workplace this policy requires all public sector employers to include terms in all future enterprise agreements that provide for paid cultural and ceremonial leave and for leave for elected public sector employees to participate in the First People’s Assembly of Victoria (FPAV) as set out in this policy.
Cultural and Ceremonial Leave
Victorian public sector enterprise agreements must include Cultural and Ceremonial provisions for employees of Aboriginal or Torres Strait Islander descent that provides a minimum of:
- one day of paid leave per annum to participate in National Aboriginal and Islander Day Observance Committee (NAIDOC) week activities and events, and
- leave for ceremonial purposes connected with the death of a member of their immediate family or extended family, or for other ceremonial obligations under Aboriginal and Torres Strait Islander lore. This leave is in addition to existing compassionate leave entitlements.
- “Extended family” has a meaning that recognises that extended families exist within Aboriginal and/or Torres Strait Islander society and obligations of Aboriginal and/or Torres Strait Islander employees may exist regardless of the existence of a bloodline relationship or not. Family also extends to cover relationships where there is a close association, which need not be a blood relationship.
To support public sector employers to meet these expectations a model clause is provided at Attachment A. While not mandatory, employers are encouraged to use this model clause or a more beneficial entitlement. In the absence of using the model clause, public sector employers are responsible for ensuring their clauses provide an entitlement that is no less beneficial than the minimum entitlements reflected in this policy.
Leave to attend First Peoples’ Assembly of Victoria
Victorian Public Sector enterprise agreements must include leave entitlements which permit elected members of the First People’s Assembly of Victoria (FPAV) to absent themselves from the workplace to fulfil their elected responsibilities. These provisions must:
- Provide up to 10 days of unpaid leave per calendar year for elected employees to fulfil their official functions during their elected term, with make-up pay covering the difference between any payment received by the employee from the First People’s Assembly of Victoria for the employee’s fulfilment of their official functions and the employee’s Salary for that period of unpaid leave.
- Provide leave for elected employees to attend sessions of the FPAV to participate in constituent consultation relevant to their role or for any other ancillary purpose as agreed with the employer.
Where an employee takes unpaid leave under this arrangement, the absence does not break continuity and counts as service for the purposes of accruing paid entitlements.
To support public sector employers to meet these expectations, a model clause is provided at Attachment B. While not mandatory, employers are encouraged to use this model clause. In the absence of using the model clause, public sector employers are responsible for ensuring their clauses provide an entitlement that is no less beneficial than the minimum entitlements reflected in this policy.
Further Information
For further information and advice employees and public sector union representatives should contact the local Human Resources or People and Culture Unit (or equivalent) of the relevant entity for further assistance in the first instance.
People and Culture Representatives of Public Sector Entities should contact their Portfolio Department for further assistance in the first instance.
People and Culture Representatives of Portfolio Departments should contact their usual IRV portfolio contact for further assistance in the first instance.
Related Policies or Documents
- Personal, Carers and Compassionate Leave
- Flexible Work
- Attraction and retention
Attachment A
Attachment B
Updated