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.
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.
slv-epa-2016.docx