364. The National Archives values the health, safety and wellbeing of its employees, and, in conjunction with the Workplace Relations Committee (or its successor in the event of a name change), will continue to develop an annual Health and Wellbeing Program that provides a range of activities for employees that focuses on raising awareness and the promotion of good health outcomes.

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

367. National archives will offer annual influenza vaccinations to all employees at no cost.
368. Where this cannot be arranged onsite, employees will be reimbursed for out of pocket medical and pharmaceutical expenses incurred in obtaining the injection. The aim is to maximise participation in the initiative, and to minimise absence from the workplace.
369. Where National Archives requires an employee performing a role to be vaccinated for a particular condition, this vaccination will be offered at no expense to the employee.

370. Employees and their families 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 National Archives and will be accessible on paid time. In addition, a critical incident service will be available to employees.

Principles

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

373. National Archives 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.

374. National Archives will provide support for employees affected by family and domestic violence, depending on the employee’s circumstances.
375. National Archives recognises that a holistic approach should be taken to support the employee, appropriate for the employee’s individual circumstances.
376. Family and domestic violence support, including paid leave, are available to all employees covered by this agreement.

377. An employee experiencing family and domestic violence 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: 

     377.1 illness or injury affecting the employee resulting from family and domestic violence;

     377.2 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;

     377.3 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;

     377.4 making arrangements for the employee’s safety, or the safety of a close relative;

     377.5 accessing alternative accommodation;

     377.6 accessing police services;

     377.7 attending court hearings;

     377.8 attending counselling; and

     377.9 attending appointments with medical, financial or legal professionals.

378. 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.
379. 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.
380. These family and domestic violence support clauses do not reduce an employee’s entitlement to family and domestic violence leave under the NES.
381. Paid miscellaneous leave available under this clause is paid for ongoing and non-ongoing employees at their full rate as if they were at work.
382. 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.
383. Evidence may be requested to support National Archives 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 National Archives will require, unless the employee chooses to provide another form of evidence.
384. 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.
385. National Archives will take all reasonable measures to treat information relating to family and domestic violence confidentially. National Archives will adopt a ‘needs to know’ approach regarding communication of an employee’s experience of family and domestic violence, subject to steps National Archives may need to take to ensure the safety of the employee, other employees or persons, or mandatory reporting requirements.
386. Where National Archives needs to disclose confidential information for purposes identified in clause 385, where it is possible National archives will seek the employee’s consent and take practical steps to minimise any associated safety risks for the employee and/or privacy breaches.
387. National Archives 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.
388. 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.
389. National Archives 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.
390. Further information about leave and other support available to employees affected by family and domestic violence may be found in policy.

391. National Archives understands that procedural fairness is essential in building and maintaining trust with APS employees, and that it requires fair and impartial processes for employees affected by APS-wide or National Archives’ decisions.
392. Employees are to give advice that is frank, honest, timely and based on the best available evidence. This includes scientific and engineering advice based on evidence-based facts guided by the best available science and data. 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 APS Code of Conduct in the PS Act.

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

     393.1 access an APS-wide ethics advisory service or another similar service provided by a professional association such as a law society or in the agency; and

     393.2 attend National Archives’ mandated training about integrity.

394. The Director-General will take reasonable steps to ensure all substantive, ongoing EL2 employees employed at the commencement of this agreement or any new substantive, ongoing EL2 employees who commence within the first 6 months of this agreement will complete relevant First Nations cultural competency training within 12 months of the commencement of the agreement.
395. Any new substantive, ongoing EL2 employee who commences after 6 months of the commencement of this agreement will be required to complete a relevant First Nations cultural competency training course within 6 months of their engagement or promotion.

396. National Archives is committed to the principles of fairness, equity, diversity in employment; and the fostering of an environment free of bullying and all National Archives employees have a responsibility to uphold and demonstrate these principles in the conduct of their day-to-day work.
397. Further information is included in the relevant policy.

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

399. National Archives will provide access to appropriate facilities for the purpose of breastfeeding or expressing milk, subject to clause 400. In considering whether a space is appropriate, the agency should consider whether:

     399.1 there is access to refrigeration;

     399.2 the space is lockable; and

     399.3 there are facilities needed for expressing, such as appropriate seating.

400. Where it is not practicable for a National Archives’ site to have a designated space, a flexible approach will be taken so that the employee can access the support required.
401. National Archives will facilitate discussion between individual employees and their managers about accommodating the employee’s lactation needs and practical arrangements to meet these needs.
402. 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 be changed over time.
403. Further information is available in policy.

404. 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 Director- General will consider flexible working arrangements to assist the employee to perform their work.
405. Where flexible working arrangements are not appropriate, the Director-General 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. 
406. In considering what period of leave is appropriate, the Director-General will take into account the safety of the employee, their family (including their household) and advice from local, State and Commonwealth authorities.