The Victorian Government Schools Agreement 2022 provides specific provisions for Aboriginal and/or Torres Strait Islander employees, reflecting a recognition and respect for their cultural practices and obligations. This article delves into the concept of cultural and ceremonial leave.
Extended Family in Aboriginal and Torres Strait Islander Society
As per clause (24)(a), the term “extended family” is defined in a way that takes into account the unique structure of Aboriginal and/or Torres Strait Islander families. The obligations of Aboriginal and/or Torres Strait Islander employees may exist regardless of a bloodline relationship, and the family may include relationships where there is a close association, which need not be a blood relationship.
NAIDOC Week Leave
Under clause (24)(b), an Aboriginal and/or Torres Strait Islander employee is entitled to one day of paid leave per calendar year to participate in National Aboriginal and Islander Day Observance Committee (NAIDOC) week activities and events. This leave does not accrue from year to year and is not paid out on termination of employment.
Leave to Attend Aboriginal Community Meetings
Clause (24)(c) states that the employer may approve attendance during working hours by an Aboriginal and/or Torres Strait Islander employee at any Aboriginal community meetings, except the Annual General Meetings of Aboriginal community organisations where the election of office bearers occurs.
Leave for Annual General Meetings of Aboriginal Community Organisations
As per clause (24)(d), the employer may grant an Aboriginal or Torres Strait Islander employee accrued long service leave or other leave to attend Annual General Meetings of Aboriginal community organisations at which the election of office bearers will occur.
Ceremonial Leave
Ceremonial leave, as outlined in clause (24)(e), will be granted to an Aboriginal and/or Torres Strait Islander employee for ceremonial purposes connected with the death of a member of the immediate family or extended family or for other ceremonial obligations. Up to three days of this leave in each year of employment will be with pay, and this paid leave will not accrive from year to year and is not paid out on termination of employment (clause (24)(f)). This leave is in addition to bereavement leave (clause (24)(g)). If paid leave under this clause is not sufficient, the employee may access any accrued long service leave, outstanding time-in-lieu, or unpaid leave (clause (24)(h)).
Leave for First Peoples’ Assembly of Victoria
Clause (24)(i) provides that an employee who is a member of the First Peoples’ Assembly of Victoria is entitled to up to 10 days’ paid leave per calendar year to fulfil their official functions during their term of office. This leave will be available to attend sessions of the First Peoples’ Assembly of Victoria, participate in constituent consultation relevant to their role or for other agreed purposes. If an employee exhausts their entitlement under this clause in any calendar year, the employer may grant further paid or unpaid leave. The employee may also utilise flexible working arrangements, in addition to leave provided in this clause, to help support their representative functions, with the agreement of the employer. Leave under this clause will not accrue from year to year and is not paid out on termination of employment.
FAQs
1. What is cultural and ceremonial leave?
Cultural and ceremonial leave is a provision for Aboriginal and/or Torres Strait Islander employees to participate in cultural practices and obligations, such as NAIDOC week activities, Aboriginal community meetings, and ceremonies.
2. How much leave can an Aboriginal and/or Torres Strait Islander employee take for NAIDOC week activities?
Employees are entitled to one day of paid leave per calendar year for NAIDOC week activities.
3. What is the provision for ceremonial leave?
Ceremonial leave provides up to three days of paid leave each year for ceremonies related to the death of a family member or other ceremonial obligations.
4. What leave provisions exist for members of the First Peoples’ Assembly of Victoria?
Members are entitled to up to 10 days’ paid leave per calendar year to fulfil their official functions. Additional paid or unpaid leave may be granted if the initial entitlement is exhausted.
Final Thoughts
The cultural and ceremonial leave provisions in the Victorian Government Schools Agreement 2022 reflect a respect for the cultural practices and obligations of Aboriginal and/or Torres Strait Islander employees. Understanding these provisions helps promote an inclusive and respectful workplace environment.
