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EB Academic StaffDraft Academic Agreement |
1 June 2000
ACADEMIC STAFF WORKPLACE AGREEMENT 2000/2003
PART 1 - APPLICATION AND OPERATION OF AGREEMENT
1. AGREEMENT TITLE
1.1 This agreement shall be known as The University of New England Academic Staff Workplace Agreement 2000/2003.
PART 1 - APPLICATION AND OPERATION OF AGREEMENT
2. Arrangement
5. Relationship with other Awards and Agreements
6. Definitions
7. Commitments
PART 2 - MANAGING ORGANISATIONAL CHANGE
8. Managing Organisational Change
9. Administration of Employment Conditions
PART 3 - WORKLOAD RELATED MATTERS
13. Flexible and Family Working Arrangements
16. Teaching Assistant Positions
17. Teaching Unit and Award Co-ordinators
18. Research
19. Consultancy
PART 4 - SALARY RELATED MATTERS
20. Payment of Salaries and Salary Packaging
21. Salaries, Roll-up of Leave Loading and Contingent Increase
22. Salary Rates
23. Casual Rates
24. UNE Position Classification Standards
25. Salary Points Within a Classification
26. Subject/Course Co-Ordination Allowance
27. Superannuation
PART 5 - EMPLOYMENT STATUS AND RELATED MATTERS
29. Australian Workplace Agreements (AWA's)
30. Goal Setting and Performance Review
31. Probation
32. Promotion
33. Stand Downs
34. Primary Place of Employment
35. Management of Emergencies and Disasters
PART 6 - LEAVE AND RELATED MATTERS
36. Public Holidays
38. Annual Leave
40. Sick Leave
41. Maternity Leave
42. Paternity Leave
43. Adoption Leave
44. Family and Community Leave
45. Jury Leave
PART 7 - VARIATION OF EMPLOYMENT
46. Transfers
47. Resignation
48. Termination
50. Retrenchment
PART 8 - DISCIPLINARY PROCEDURES
53. Unsatisfactory Performance Procedures
54. Misconduct and Serious Misconduct Procedures
PART 9 - GRIEVANCE AND DISPUTE SETTLING PROCEDURES
56. Industrial Dispute Settlement Procedures
PART 10 - MISCELLANEOUS
49. No Extra Claims
50. Application of Workplace Relations Act 1996
51. Lodgment of Agreement with the Australian Industrial Relations Commission
SCHEDULES:
Schedule B: Salary Rates for Casual Academic Staff
Schedule C:1% Organisational Contingent Salary Increase
3.1 This Agreement shall be binding according to its terms upon:
3.1.1 The University of New England;
3.1.2 The National Tertiary Education Union (NTEU); and
3.1.3 all academic employees whose employment is subject to this Agreement.
This Agreement shall take effect from the first pay period to commence on or after the date of certification and shall remain in force for a period of thirty-six (36) months.
5. RELATIONSHIP WITH OTHER AWARDS AND AGREEMENTS
5.1 This agreement rescinds and replaces the University of New England (Academic Staff) Enterprise Agreement 1997.
5.2 This agreement covers all industrial terms and conditions of employment for academic staff employed at the University of New England.
5.3 This agreement supersedes all previous industrial agreements and existing awards binding on the University at the time of certification of this agreement.
5.4 This agreement shall operate to the exclusion of and override the higher education Contract of employment award 1998.
5.5 This agreement may operate in conjunction with a University of New England Academic Staff Award if established where mutually agreed between the parties during the life of this agreement.
5.6 Where this Agreement deals with a matter also dealt within an award and/or an agreement binding on academic staff at the University and the matter is expressly stipulated in the body of this Agreement, then this Agreement will prevail over that matter absolutely.
6.1 In this Agreement, unless the contrary intention appears, the following words and phrases shall mean:
6.1.1 "Act" means the Australian Workplace Relations Act 1996 as amended from time to time.
6.1.2 "AIRC" means the Australian Industrial relations Commission
6.1.3 "by agreement" shall mean that changes shall only be introduced with the approval of the parties.
6.1.4 "Consultation" means that the parties shall confer and the views expressed by either party shall be taken into account before management makes final decisions.
6.1.5 "Cost Centre" is an administrative term used to define a budgetary unit at the level of faculty, school or directorate.
6.1.6 "Degree/Awards" means approved programs of the University of New England;
6.1.7 "Fixed Term Contract" means any full time, part time or fractional contract of employment for a defined period.
6.1.8 "Management" means a group of people within the University who are responsible for decision making associated with the management of its activities and the accomplishment of its goals and objectives by the planning, directing, controlling and co-ordinating of the University's activities and resources.
6.1.9 "Negotiation" means that the parties will confer on the issue being considered and every attempt will be made to reach a mutually agreeable outcome
6.1.10 "Ordinary rate of pay" means the gross rate of pay of an employee's substantive position free of all loadings, bonuses and allowances.
6.1.11 "Redundant position" means a position that is identified as surplus to the needs of the University.
6.1.12 "Retrenchment" means the termination of employment of an employee whose position has been declared redundant and whom the University is unable to redeploy or transfer.
6.1.13 "Transfer" means the movement or relocation of an employee from one job or workplace to another at their substantive level.
6.1.14 "Union" means the National Tertiary Education Union (NTEU).
6.1.15 "University" means The University of New England.
6.1.16 "Vice-Chancellor" shall mean and refer to the chief executive officer of the University.
The parties recognise that the long-term success of the University of New England depends upon its ability to compete with other Australian Universities and with other Universities worldwide. At the same time there is a need for co-operation, collaboration and the ability to attract Australian and international students, in a climate of reduced certainty, to establish a predictable student base. Achievement of such goals must also guard and be pursuant of the highest academic standards.
Within the current economic environment the parties also recognise the need for necessary resource management of the University in order to achieve a strong financial position and increase revenue from sources other than government operating grants.
The parties agree that through sound planning, strong management and budgetary principles, and the development and implementation of strategies, performance indicators and improved communications the University will be better placed to maintain and enhance its academic excellence in teaching and research and in serving its different communities and permitting it to be genuinely competetive among the universities of the world. The strategies for the University's achievement are set out in the University's Strategic Plan 1997-2002.
This Agreement contains terms and conditions of employment that reflect the ability of the university to pay based on a combination of reform and performance against agreed revenue targets. The agreement also entails workplace changes designed to enhance terms and conditions of service of all academic employees.
The University regards this agreement as a total comprehensive package.
PART 2 - MANAGING ORGANISATIONAL CHANGE
8. MANAGING ORGANISATIONAL CHANGE
8.1 Preamble
8.1.1 Given substantial changes in federal government funding and policy and other shifts in the national and international educational environments, the parties agree that major institutional change may be necessary in order to enhance the competitiveness and financial viability of the University and to maintain and enhance its scholarly activities.
8.1.2 In addition, the parties acknowledge that the enabling legislation and statutes of the University impose responsibilities and obligations upon its management with regard to matters of institutional policy or discretion, inter alia, the mission of the University, organisational structure, staffing profiles and levels, budget and resource allocation and employment and management of staff.
8.1.3 It is acknowledged that it is the obligation and the prerogative of the University management to make decisions with regard to appropriate activities, programmes and projects to be initiated, or continued, or terminated at the University and to determine how those decisions are to be accommodated through the allocation of resources.
8.1.4 The University has the right to adjust its employee skill base as necessary.
8.1.5 The Union agrees to co-operate in these matters as part of its responsibility to secure the best possible outcomes for its membership.
8.2 Principles
8.2.1The parties agree that where the carrying out of the University's responsibilities and obligations would cause changes, the steps outlined in clause 8.3 will be implemented when the following circumstances prevail:
8.2.1(a) A targeted reduction in the academic workforce within a cost centre is to occur;
8.2.1(b) The restructuring of work required of academic staff which may result in a negative impact upon members of a cost centre collectively is to occur.
8.2.1(c) Changes which may have a long term negative impact on academic staff workload are to occur.
8.2.1(d) By agreement between the parties, clause 8.3 may be implemented where circumstances other than these apply.
8.2.2 The parties agree that any such organisational change effective on or after the date of certification of this Agreement will be managed by and in accordance with the provisions of this clause.
8.3 Process for Managing Change
8.3.1 Where circumstances referred to in clause 8.2 prevail, the process for managing change at the University shall be as follows:
8.3.1(a) Where a Dean/Head of Cost Centre has identified a possible need for organisational change, he/she shall inform relevant staff within their respective Faculty through normal consultative procedures followed in the particular Faculty/Cost Centre.
8.3.1(b) Employees and the Union will co-operate with and will provide all available information as may be required to the Dean/Head of Cost Centre in order to facilitate completion of the particular workplace change process expeditiously.
8.3.1(c) Once the Dean/Head of Cost Centre has made a definite decision to develop a proposal for such a change, he/she shall inform the relevant staff, appropriate levels of management, and the Union of that decision and in conjunction with the University's Industrial Relations Unit, will draft a managing change document. This document will outline the rationale for change including:
8.3.1(c)(i) a preamble;
8.3.1(c)(ii) reasons and goals of the proposed change; and
8.3.1(c)(iii) impact analysis including the following matters:
- equity
- finance
- staff and resource implications.
- estimated schedule for implementation
8.3.1(d) Once the draft document has been developed, it shall be provided to the affected staff and NTEU for initial consultation.
8.3.1(e) One or more consultation meetings shall be held between the parties to:
8.3.1(e)(i) Discuss the proposed managing change document;
8.3.1(e)(ii) Provide opportunity for feedback on, and possible modification to the proposed change; and
8.3.1(e)(iii) Consider possible steps to mitigate the negative effects on employees of the proposed change.
8.3.1(f) After consultation meeting(s), if the Dean/Head of Cost Centre decides to proceed with the change, the Dean/Head of Cost centre may decide to revise the managing change document in consultation with the University's Industrial Relations Unit.
8.3.1(g) The managing change document shall be circulated to affected staff and the Union for comment. If necessary further meetings shall take place to finalise the managing change document.
8.3.1(h) Once affected staff and the Union have been provided with the managing change document in accordance with subclause 8.3.1(d), subclause 8.3.1(e), 8.3.1(f) and 8.3.1(g) will normally be completed within 21 days unless otherwise agreed between the parties.
8.3.1(i) A final meeting of the parties shall be held within 14 days of the final document being circulated to affected staff, as prescribed in subclause 8.3.1(g) to confirm that the process of managing change as prescribed in this clause has been duly followed.
8.3.1(j) The final managing change document will be signed-off by the parties within seven (7) days of the final meeting referred to in subclause 8.3.1(i) as confirmation that the process prescribed by this clause has been followed.
8.3.1(k) Once the final managing change document has been signed-off by the parties, workplace change shall be implemented by the Dean/Head of Cost Centre in accordance with its terms.
9. ADMINISTRATION OF EMPLOYMENT CONDITIONS
The University will consult with the parties to ensure that changes to employment policies have been considered before a final draft is implemented by the University.
The University will establish an academic staff communications group as part of this agreement.
The parties agree that management has the right to review any area of activity within the University's operations.
PART 3 - WORKLOAD RELATED MATTERS
12.1 Preamble
12.1.1 Whilst recognising the complex nature of academic workloads, the parties agree that academic workload consists of three major components: teaching, research and service. Further, the parties believe that academic staff have the right to a balance of work across those three functions with reference to their own career development needs as well as to the requirements of the University.
12.1.2 It is recognized that in framing workloads, the following factors should be considered:
12.1.2(a) resources both human and physical;
12.1.2(b) the overall work requirements;
12.1.2(c) the strategic directions and priorities of the University, faculties and schools; and
12.1.2(d) professional requirements by external accrediting bodies
12.1.3 The parties agree that the following points shall apply to the allocation of workload.
12.2 Responsibility
12.2.1 In constructing a workload agreement, the parties agree that workloads shall be reviewed on an annual basis. It shall be the responsibility of the Head of School to decide, after consultation with relevant staff, how workload is to be negotiated and allocated in accordance with principles and criteria below.
12.2.2 It is the responsibility of management to ensure that appropriate support/training is provided to Heads of Schools including the management and monitoring of academic workload in accordance with the overarching policies and local allocation policies.
12.2.3 Should a relevant member of staff be aggrieved by the decision of their Head of School or Cost Centre and is unable to resolve the matter with the Head of School, the matter will be referred to the Dean for resolution.
12.2.4 It is the responsibility of the relevant Dean/Head of Cost Centre to develop guidelines to facilitate implementation of these workload conditions.
12.3 Principles
12.3.1 The parties agree that the following five principles should apply in the determination and allocation of academic workloads:
- Balance
- Equity
- Flexibility
- Responsiveness
- Transparency
Balance: In order to achieve the career aspirations of staff members and the mission of the School, Faculty and University all staff will undertake an appropriate balance of teaching, research and service.
Equity: Determination and allocation of academic workload shall be fair and reasonable, with consideration to the relevant position classification standard and duty statement, responsibilities and categories of employment such as continuing, probationary, fixed term, part - time and casual academic staff. (To enhance the equitable nature of the determination and allocation there shall be the provision of a review process when an academic staff member considers their allocated workload unreasonable.)
Flexibility: Workloads shall be flexible in order to allow academic staff members to engage in varying levels of teaching, research, and associated professional / service work.
Responsiveness: The determination and allocation of workload should take into consideration the budget of the Faculty or Cost Centre, the teaching, research and service commitments of the Faculty or Cost Centre and the number of staff that are located in the Faculty or Cost Centre.
Academic workloads shall be negotiated and allocated to enable quick and effective responses over an academic year to changes both internal and external to the University and shall provide individuals with reasonable certainty and notice of their workload over that period.
Transparency: Both the process of negotiation and results of allocation of individual academic workload shall be in a readily accessible form for all members of the school, faculty and University.
12.4 Criteria
12.4.1 In addition to the resources planned for use by the faculties/cost centres, the parties agree that the relevant supervisor/Head of School in the process of reviewing and allocating academic workload should consider the following criteria:
12.4.1(a) Teaching
- Undergraduate student load
- Postgraduate student load
- Delivery form (eg. internal, external, face-to-face; on-line)
- Unit size (EFTSU)
- Laboratory/non-laboratory field work requirements within a discipline
- Professional development/professional practice requirements relevant to teaching
- Development of teaching resources (e.g. print, multi-media)
- Relevant administrative duties including unit co-ordination
- Teaching leadership (e.g. innovative teaching strategies)
12.4.1(b) Research, Consultancies and Scholarship
- Research student supervision
- Scholarly outputs
- Un-funded research
- Professional development
- Major and small grant-holder allowances
- Research quantum
- Research income and block grants
- Approved and registered consultancy
- Professional activity (e.g. editing journals, conference presentation)
12.4.1(c) Service and Administration
- Course co-ordination
- Committee service
- Relevant professional service
- Relevant community service
- Leadership roles within the University (e.g. Sub Deans, Heads of Schools)
- Active leadership in relevant professional societies and/or community groups
12.5 Monitoring of Academic Workload
12.5.1 To ensure that the above principles and criteria are being achieved workloads shall be monitored and reviewed by the Head of School/Supervisor and reported on a regular basis to the School and Faculty.
13. FLEXIBLE AND FAMILY WORKING ARRANGEMENTS
13.1 Flexible working arrangements may be entered into in order to accommodate the work requirements of the University and family commitments of employees where there is mutual consent between the Head of School/Dean and the employee.
13.2 Arrangements, where authorised, may include provisions such as fractional employment, salary averaging, opportunities for career breaks, special arrangements for non-custodial parents, balancing work and family needs and other arrangements where mutually agreed from time to time and where such arrangements can be accommodated without impact on quality or cost to the University.
13.3 Individual arrangements must be authorised by the relevant Dean/Head of Cost Centre and shall be confirmed in writing, by the relevant Personnel Officer, for a fixed term and lodged with Personnel Services.
The parties recognise the unique circumstances associated with the geographic location of the University of New England. It is also recognised that attracting, developing and retaining and renewal of high quality staff is a core objective of the University.
In order to achieve this objective, the University will implement a workforce planning system within twelve (12) months from certification of this Agreement.
15.1 The parties agree that the University will implement changes to working arrangements to establish a flexible teaching year such that staff may be required to teach at any time after taking into account workload over the year. A flexible teaching year will provide opportunities for the University to:
15.1.1 Increase flexibility in staff patterns of work;
15.1.2 Provide teaching-free blocks of time for individual staff
15.1.3 Enhance research opportunities for staff;
15.1.4 Improve opportunities for workforce planning;
15.1.5 Increase flexibility in patterns of study for students;
15.1.6 Increase University revenue.
15.1.7 Gain a greater share of the local and international student market;
15.2 A flexible teaching year may be achieved through initiatives by the University including but not limited to:
15.2.1 Multiple and sometimes overlapping teaching sessions throughout the year;
15.2.2 Summer schools;
15.2.3 Residential schools.
16. TEACHING ASSISTANT POSITIONS
16.1 The University may employ suitable people, predominately but not limited to postgraduate students of the University, as Teaching Assistants. For the purpose of this clause, "suitable people" means people who can demonstrate the required theoretical and practical knowledge and experience required to fulfil the duties of the position.
16.2 A Teaching Assistant shall be appointed for a period of normally three (3) years but may be employed for a period of up to five (5) years. Such appointments may be at a designated fractional appointment at Level A, commencing at a Base Level A salary.
16.3 Where a postgraduate student is employed as a Teaching Assistant, when determining the level of fractional appointment, due consideration must be given to the projected research completion time according to individual circumstances.
16.4 A person occupying this position will be responsible to the relevant Head of School or his/her nominee, and shall, for example, conduct tutorials and demonstrations, mark essays and assignments, conduct field trips and be available for student consultation as required. The respective duties will be negotiated with the relevant Head of School.
16.5 Teaching assistants studying at the University for a Ph.D. shall be permitted to enroll in the University's Graduate Certificate in Higher Education.
17. TEACHING UNIT AND AWARD CO-ORDINATORS
The University may engage any academic employee casually or on a fixed term contract to co-ordinate a teaching unit or award and to carry out related activities.
18.1 In order to achieve the University's research investment pla, UNE will nurture research across its fields of interest. To further enhance the University's research status it is necessary for the University to implement a more targeted, concentrated, integrated and aggressive approach to the research enterprise. Significantly, the University must position itself to take advantage of new funding opportunities, new areas of research and strengthen claims in established areas.
18.2 At the discretion of the Head of School/Dean, academic staff may be assigned reduced teaching loads on the basis of increased research with agreed output targets or reduced research loads on the basis of increased teaching loads.
University staff may engage, in addition to funded external research grants, in Personal Outside Work or University Contracts where approved and registered in accordance with UNE policy.
PART 4 - SALARY RELATED MATTERS
20. PAYMENT OF SALARIES AND SALARY PACKAGING
20.1.1 Academic staff shall be paid fortnightly, in arrears, by electronic funds transfer into a bank; credit union or other financial institution account nominated by the employee and acceptable to the University.
20.1.2 In exceptional circumstances, cheques may be drawn at the discretion of the University.
20.1.3 In order to improve efficiencies in the payroll process, the parties are committed to the implementation of initiatives such as the processing of electronic payslips (where possible) and remote entry of timesheets.
20.1.4 The parties recognise that "packaging" of salaries will produce opportunities for individual financial benefit. To assist staff in achieving optimum advantage from their remuneration, the parties agree to the provision of a salary packaging scheme.
Packaging of salary may include such items as motor vehicles, superannuation, childcare at Yarm Gwanga and other items that may be approved in accordance with University policy from time to time.
21. SALARIES, ROLL-UP OF LEAVE LOADING AND CONTINGENT INCREASE.
21.1 This agreement provides for a ten (10%) percent salary increase made up in three parts including:
21.1.1 a phasing in of a guaranteed nine (9%) percent during the life of this agreement
21.1.2 a roll-up of the existing entitlement to annual leave loading equivalent to the quantum paid in the first pay period for December 1999; and
21.1.3 up to one (1%) percent contingent component paid to fulltime, part time and fractional academic staff after the University has achieved specified financial targets for the organisation as a whole.
21.2 As a result of productivity and efficiency initiatives incorporated within this Agreement, academic staff members to whom this agreement applies will receive a salary increase payable as follows:
21.2.1 1% effective from the first pay period on or after certification of this Agreement;
21.2.2 2.5% effective from the first pay period on or after 1 July 2001;
21.2.3 2.5% effective from the first pay period on or after 1 July 2002; and
21.2.4 3% effective from the first pay period on or after 31 March 2003.
The parties agree that the salary increase outlined above are contingent on the implementation of the initiatives incorporated within this Agreement.
21.3 The salaries provided in schedule A include a roll-up of annual leave loading in accordance with existing entitlements prior to certification of this agreement.
21.4 The University will provide a one (1%) percent contingent increase to salaries effective from the first pay period on or after 31 March 2003 (in addition to increases provided in clause 21.2) if organisational revenue targets are met as described in schedule C.
The salary rates contained in Schedule A are payable to full time employees covered by this Agreement and include the above salary increases and is inclusive the roll-up of annual leave loading.
23.1 The University may engage academic employees on a casual basis as required.
23.2 Casual employees shall be engaged on an hourly basis or as detailed in schedule B.
23.3 The hourly rates included in Schedule B are the total pre-tax amounts payable by the University for satisfactory performance and are inclusive of a loading for all purposes in lieu of annual leave, sick leave, overtime, long service leave and working irregular hours.
23.4 Casual staff shall not be entitled to apply for promotion, be required to partake in the University's Goal Setting and Performance Review or other entitlements included as part of this agreement.
24. UNE POSITION CLASSIFICATION STANDARDS
Employees covered by this Agreement shall be classified in accordance with the UNE Position Classification Standards.
25. SALARY POINTS WITHIN A CLASSIFICATION
25.1 Movement within salary points
25.1.1 At the conclusion of each twelve month period, following the date of effect of the award or entry into a classification, and/or the subsequent anniversary date, an employee will be eligible for movement within the classification if:
25.1.1(a) the employee has given satisfactory performance over the preceding twelve months in areas including, but not limited to the following:
- the undertaking of such teaching duties as may have been allocated by the supervisor in consultation with the employee;
- contribution, through research, scholarly writing, publication, creative work in the arts, professional practice, or in other ways, to the advancement of and application of knowledge;
- participation in the administration of the institution and/or provisions of leadership and the undertaking of such administrative duties in the organisational unit as might have been assigned by the supervisor;
- participation in the scheme of goal setting and performance review the undertaking of such professional or personal development activities as might have been agreed during that process;
- contribution of service to the relevant discipline through professional activity, continuing education, consultancy, conference organisation or other similar activity relevant to the work of the institution; and
25.1.1(b) the employee has on assessment acquired and is required by the University to utilise new and/or enhanced skills within the ambit of the classification definition for his/her position or other skills where agreed at the staff development/performance review, and this has been certified to in writing following, and as part of, the assessment process.
25.1.1(c) In cases where the review is delayed the anniversary date shall not be changed and the increase, if any, will be paid retrospectively to the employees' anniversary date, unless the delay is related to the acquisition of new skills and greater responsibility.
25.2 An employee who has been absent in excess of three months in aggregate shall have the review delayed by the period of absence. Any resultant increase shall also be delayed for the period of the absence.
26. SUBJECT/COURSE CO-ORDINATION ALLOWANCE
26.1 Where a full-time academic staff member at Level A is required to undertake the co-ordination of a teaching unit for an approved teaching term, the staff member will be paid an allowance for the duration of such duties which equates to the difference between the staff member's substantive salary and Base Level B.
26.2 Where an academic staff member below Level C is required to coordinate awards for an approved teaching term, the staff member will be paid an allowance for the duration of such duties which equates to the difference between the staff member's substantive salary and Base Level C.
27.1 The University will maintain the current level of superannuation contributions for all employees (other than casual employees) until the nominated expiry date of this agreement.
27.2 The University may implement a streamlined system for the administration of superannuation for casual staff where such a system will not provide a lesser benefit than paid to casual staff prior to certification of this agreement.
PART FIVE - EMPLOYMENT RELATED MATTERS
28.1 The University may employ persons:
28.1.1 on a continuing or fixed term basis as full-time, fractional or part-time employees, or
28.1.2 as casual employees
28.2 The University will inform the employee in writing of the basis of their employment
28.4 Continuing employment
28.4.1 "Continuing employment" shall mean and refer to employment with no specified end date.
28.5 Fixed term employment
28.5.1 "Fixed term employment" refers to any employee, other than a casual employee, engaged on a contract of employment for a fixed period of time (a fixed term contract) and whose contract will specify the starting and finishing dates or a specified outcome required of that employment.
28.5.2 Fixed term employment may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract.
28.5.3 Fixed term contracts may be offered where required by the University
28.5.4 A fixed term employee will be entitled to a contract of employment from the University stating the period of employment, the duties performed, and the reason for the fixed term appointment.
28.5.5 All other provisions of this Agreement relevant to continuous employees apply to fixed term employees.
28.6 Full-time employment
28.6.1 "Full-time employment" means all employment other than "part-time", "fractional" or "casual". Full-time employment may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract.
28.7 Part time and Fractional employment
28.7.1 "Part-time" and "Fractional" employment means employment for a fraction less than the normal weekly workload for a full-time employee, for which all employee entitlements are paid on a pro-rata basis calculated by reference to the time worked. Part-time and fractional employment may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract.
28.7.2 At the time of engagement the University and the part-time or fractional employee will agree in writing, on a regular pattern of work, specifying the academic workload to be completed.
28.7.3 Any agreed variation to the regular pattern of work or academic workload will be recorded in writing.
28.8 Casual Employment
28.8.1 "Casual employment" shall mean a person engaged by the hour and paid on an hourly basis that includes a loading in lieu of benefits for which a casual employee is not eligible.
29. AUSTRALIAN WORKPLACE AGREEMENTS (AWA's)
Nothing in this agreement shall prohibit the University from offering AWA's to any employees or potential employees in accordance with Part VID of the Workplace Relations Act 1996 either in conjunction with or to override this agreement.
30. GOAL SETTING AND PERFORMANCE REVIEW
30.1 The University will implement a compulsory Goal Setting and Performance Review within twelve (12) months from certification of this Agreement.
Final documentation as a result of each round of compulsory Goal Setting and Performance Review will be held within Personnel Services.
30.2 The annual Goal setting and Performance Review shall be conducted for all academic employees other than casual employees. The review shall be confidential.
31.1 An academic employee appointed to a fixed-term or continuing position may be subject to a period of probation of up to five (5) years in accordance with University policy.
31.2 The period of the probation shall be appropriate for the employee to demonstrate capability of carrying out the requirements of their position.
31.3 On offer of appointment, academic staff will be provided with details on the length and terms of the probationary period.
32.1 The University will offer promotions to all eligible staff on an annual basis.
32.2 Effective from and including the year 2000 promotions round, staff must serve a minimum of two years from appointment or promotion before seeking a promotion.
32.3 Applicants who have been unsuccessful in their bids for promotion (including the year 2000 round) cannot apply for a further two (2) years.
32.4 The number of promotions will be determined each year by the Vice Chancellor depending on the University's financial situation.
Nothing in this Agreement shall prohibit the University from standing down employees with or without pay.
34. PRIMARY PLACE OF EMPLOYMENT
34.1 Normally, the primary place of employment of employees whose employment is subject to this agreement shall be the Armidale campus of the University of New England, Madgwick Drive Armidale New South Wales, unless otherwise determined by the University in order to meet the operational requirements of the University
34.2 Where staff may have to undertake duties at other locations this will be determined after consultation.
34.3 Employees shall attend their primary place of employment as required by their supervisor to carry out their duties.
35. MANAGEMENT OF EMERGENCIES AND DISASTERS
35.1 The parties acknowledge that the geographical location of the University can limit the availability of expertise which may be required in times of emergencies and disasters (e.g. floods, severe storms etc).
35.2 In recognition of the University's unique circumstance, the parties agree to co-operate and provide support where required at times of emergencies and disasters affecting the University.
35.3 The determination of an emergency or disaster shall be made by the Vice Chancellor.
PART 6 - LEAVE MATTERS
36.1 Employees (other than casual academic employees) will be entitled to the following holidays without loss of pay:
- New Year's Day
- Australia Day
- Good Friday
- Easter Monday
- Anzac Day
- Queens Birthday
- Labour Day
- Christmas Day
- Boxing Day; and
- Any other day or days gazetted in addition to or substitution of any of the above.
36.2 Where any of the public holidays prescribed in this clause fall on a day ordinarily worked by an employee, the employee's ordinary pay must not be reduced.
36.3 By agreement, the parties may substitute another day for any public holiday prescribed in this clause.
The University may require a shutdown of all or some of the University's resources at any time as determined by the management. A shutdown period may require academic staff to cease using some, or all University resources. Shutdown periods will occur without loss of ordinary pay and will be deducted from annual leave accruals of affected academic staff.
38.1 Entitlement
38.1.1 A full-time academic employee is eligible for four- (4) weeks annual leave on full pay that will only be credited at the completion of each calendar year (referred to in clause 38.2.1(a)).
38.1.2 A fractional academic employee is entitled to annual leave at a rate proportionate to their fraction of full-time employment that will only be credited at the completion of each calendar year (referred to in clause 38.2.1(a)).
38.1.3 An academic employee contracted for less than twelve months will not be entitled to annual leave.
38.1.4 A casual academic employee is not entitled to annual leave.
38.1.5 Any annual leave taken must be authorised by the appropriate Head of School/Supervisor and authorised documentation provided to the relevant Personnel Officer.
38.2 Taking of Leave
38.2.1 In order to satisfy legislative provisions and maintain flexibility for academic staff members, the following administrative arrangements apply:
38.2.1(a) The annual leave year for academic employees commences on 1 February each year and ends on 31 January the following year and shall be credited on 1 January each year.
38.2.1(b) The University reserves the rights to require an academic employee to take annual leave at any time on the giving of two- (2) week's notice.
38.2.1(c) Unless otherwise determined by the University, for administrative purposes, annual leave entitlement will be recorded as having been taken during the four working weeks prior to 31st January each year
38.2.1(d) Only in exceptional circumstances, and subject to the Head of School/Group's agreement, may the taking of an annual leave entitlement be deferred beyond the year in which it has been credited. Where annual leave is deferred, a specified period for the taking of such leave must be agreed in writing between the employee and the Head of School/Group. In such circumstances annual leave cannot normally be deferred for a period exceeding 11 months from 31 January.
38.2.2 All annual leave entitlements must be taken prior to an academic employee's cessation of employment (ie prior to resignation, retrenchment or completion of a fixed-term contract).
38.3 Accrual
38.3.1 Where an employee is granted and takes long service leave or maternity leave on half pay, annual leave entitlement to be credited at 1 January will accrue at half the normal rate during the period of leave.
38.3.2 Where an employee is granted and takes leave without pay, no annual leave entitlement will accrue during the period of leave without pay.
39.1 Entitlement
39.1.1 Academic employees (other than casual academic employees) employed at the date of certification of this agreement are eligible for long service leave, subject to the conditions outlined in this clause.
39.1.2 An existing academic holding full time or fractional appointments at the date of certification of this agreement who has completed ten years' service (whether continuous or broken periods) is entitled to three months' long service leave on full pay. After service of more than ten years and up to fifteen years, long service leave continues to accrue on the same pro rata basis (9.1 calendar days per annum). After more than fifteen years of service an academic is entitled to four months and fifteen days plus fifteen calendar days on full pay for each additional year of service.
39.1.3 Casual Academic Staff shall not be entitled to accrue long service leave.
39.1.4 Long service leave must be authorised by the appropriate Dean/Head of Cost Centre and authorised documentation provided to the relevant Personnel Officer.
39.2 Time of taking Long Service Leave
39.2.1 Subject to 39.2.2 of this Agreement, an academic employee who has qualified for long service leave may be entitled to take long service leave at a time of his or her choosing, provided that the staff member request such leave in writing at least twelve (12) months in advance, or in the absence of such notice, the Dean/Head of Cost Centre consents.
39.2.2 The Dean/Head of Cost Centre may require an employee to take long service leave, at a time convenient to the needs of the University, provided that:
39.2.2(a) the Dean/Head of Cost Centre shall give the employee written notice of at least three (3) months of the date on which leave must commence;
39.2.2(b) the employee shall not be required to take long service leave where they have given written notice of their intention to resign/retire from the University within the next six (6) months;
39.2.2(c) the minimum period of leave the University can require an employee to take shall be two (2) weeks;
39.2.2(d) in any case where an employee has taken leave pursuant to this subclause the Dean/Head of Cost Centre shall not require the employee to take a further period of long service leave for a period of three (3) months after the end of that period of leave.
40.1 Entitlement
40.1.1 Full-time employees shall be entitled to five (5) working days of sick leave on full pay in the first year of employment.
40.1.2 Full-time employees shall be entitled to ten (10) working days of sick leave on full pay in any subsequent year of employment.
40.1.3 Paid Sick Leave is not granted to casual employees.
40.1.4 Fractional employees shall be entitled to Sick Leave on a pro-rata basis.
40.1.5 An employee appointed in a temporary capacity for short term periods not exceeding six months shall be entitled to one working week of sick leave on full pay.
40.1.6 An employee is not entitled to Sick Leave with pay during the first three months of employment. However, after three months continuous service the employee may be reimbursed for any Sick Leave taken during that period.
40.1.7 Sick Leave credits may accrue for up to two years. The maximum accrual is twenty (20) days on full pay.
40.1.8 Where an employee has completed 20 years service or more, sick leave on full pay shall be granted as described in this clause to the extent that it is more advantageous to the employee than clause 34.1.2 and 34.1.7 above:
40.1.8(a) A period calculated by allowing the equivalent of two weeks for each completed year of service and deducting therefrom the amount of sick leave on full pay already taken by the employee during their service.
40.1.8(b) The maximum sick leave on full pay, which may be granted to an employee under this clause, shall be limited to one calender year less paid sick leave already during their service.
40.2 Notification of Absence
40.2.1 An employee unable to attend work due to illness shall inform the supervisor or other senior person as soon as is practicable stating the nature of the illness and the estimated duration of the absence.
40.2.2 If leaving work due to illness, an employee shall normally make appropriate notification before doing so, unless there are extenuating circumstances rendering this impossible.
40.2.3 It is the responsibility of the Head of School/Supervisor to monitor sick leave absences and provide required documentation and advice of such absences to the relevant Personnel Officer.
40.3 Approval of Sick Leave
40.3.1 The authorised supervisor approves applications for Sick Leave.
40.3.2 Absences on Sick Leave without pay are approved for up to one month by the relevant Personnel Officer or authorised nominee and for over one month by the Pro Vice-Chancellor (Academic) or authorised nominee.
40.4 Health Certificates
40.4.1 A health certificate shall be required where a sick leave absence exceeds three consecutive working days.
40.4.2 A health certificate (as described in 34.4.3 below) will be accepted from a registered health professional.
40.4.3 The University will accept certificates, which comply with principles established by the New South Wales Medical Board to ensure quality, accuracy and truthfulness in medical certificates.
40.5 Management of Sick Leave
40.5.1 The University shall manage sick leave in a fair and equitable way, which takes account of the circumstances and results of individual absences. The following are reasons why the University must manage sick leave:
40.5.1(a) To ensure that absences from employment do not adversely affect the workplace, other employee workload and the student body.
40.5.1(b) Enable the University to identify absences from employment due to illness, which are spurious.
40.5.1(c) Allow the University to maintain a sufficient record of sick leave if medical retirement is to be considered.
40.5.2 Abuse of sick leave will constitute misconduct.
40.6 Sick Leave without Pay
40.6.1 Sick leave in excess of two working weeks during the first year of service shall not be paid and shall be taken as sick leave without pay. Sick leave without pay shall not count towards incremental progression, or towards service for the purposes of accrual of any leave entitlements.
40.7 Workers Compensation
40.7.1 Where an employee has applied for time off as part of workers' compensation claim, all absences are initially debited against the employee's sick leave entitlement.
40.7.2 Where the claim is accepted by the University's insurance company, subject to ongoing medical reviews and insurance excess, the insurance company will refund to the cost centre costs associated with the employee's absences from the workplace. In such circumstances, absences related to workers' compensation would be re-credited against sick leave entitlements.
40.7.3 Where an employee has applied for time off as part of a workers' compensation claim, and the claim has been denied, all absences associated with the claim will remain debited against the employee's sick leave record, or other leave if no sick leave is available.
41.1 Maternity leave is available to a female academic employee, other than a casual academic. Maternity leave may be paid or unpaid leave.
41.2 Eligibility
41.2.1 An academic employee, other than a casual academic, is eligible for paid maternity leave if they have completed 12 months continuous service with the University at the date of confinement.
41.2.2 If an academic employee has more than one position, the appointment date, applicable to all positions under this clause, shall be the earliest appointment date of any position. An academic employee, other than a casual academic, who has not completed 12 months paid service at the date of confinement since the last appointment date, is eligible for maternity leave without pay.
41.2.4 Maternity Leave must be authorised by the appropriate Dean/Head of Cost Centre and authorised documentation provided to the relevant Personnel Officer.
41.3 Entitlement
41.3.1 An academic employee eligible for paid maternity leave, is entitled to 12 weeks paid leave. In addition, an academic employee is also entitled to take any combination of unpaid maternity leave, or accrued annual leave or long service leave, so long as the total period of leave taken does not exceed 12 months for any one confinement.
41.3.2 An academic employee who is not eligible for paid maternity leave, is entitled to take any combination of maternity leave without pay, or accrued annual leave, so long as the total period of leave taken does not exceed 12 months for any one confinement.
41.3.3 A fractional academic employee is entitled to paid maternity leave at a rate proportional to their fraction of full-time employment.
41.3.4 Where an employee requires leave to deal with sickness as a result of pregnancy they may choose or be required to progress onto maternity leave.
42.1 Paid paternity leave is paid leave which may be granted to a staff member at the time of birth of a child to give care and support to the mother, during the period immediately following the birth.
42.2 Unpaid paternity leave is unpaid leave, which may follow paternity leave, to allow staff to undertake their responsibilities in relation to their dependent children. Unpaid paternity leave is to enable the parent who is on leave to be the child's primary caregiver.
42.3 Eligibility
42.3.1 Staff members are eligible for paid paternity leave if they have completed 12 months continuous service at the University (with the exception of casual staff) at the time the leave is to commence.
42.3.2 Paternity Leave must be authorised by the appropriate Dean/Head of Cost Centre and authorised documentation provided to the relevant Personnel Officer.
42.4 Entitlement
42.4.1 Paternity leave comprises a total of five consecutive working days paid leave. An additional period of up to 51 weeks unpaid leave may be available where the staff member is to be the primary care-giver of the newborn child.
42.4.2 Fractional academic employees are eligible for paternity leave on a pro rata basis.
42.5 Commencement of Leave
42.5.1 Paid paternity leave may be taken during the period one week before the anticipated date of birth to 5 weeks after the birth. The unpaid paternity leave ceases on the child's first birthday.
42.6 Continuity of Service
42.6.1 Approved paternity leave shall not break continuity of employment. However, the portion of leave taken as unpaid leave shall not count as service for the purposes of calculating any annual, long service or sick leave entitlements.
43.1 Eligibility
43.1.1 For the purpose of this clause an "academic employee" shall mean a person who will be the primary caregiver.
43.1.2 An academic employee, other than a casual academic, is eligible for adoption leave if they have completed 12 months continuous service at the date of adoption.
43.1.3 Adoption leave must be authorised by the appropriate Dean/Head of Cost Centre and authorised documentation provided to the relevant Personnel Officer.
43.2 Entitlement
43.2.1 An academic employee eligible for adoption leave is entitled to up to 6 weeks paid leave. In addition, an academic employee is also entitled to take any combination of accrued annual leave, long service leave or adoption leave without pay so long as the total period of leave taken does not exceed 12 months for any one adoption.
43.2.2 Where an absence on adoption leave exceeds 6 weeks, the academic employee may request payment for the adoption leave to be paid at half pay for the first twelve weeks of the absence.
43.2.3 A fractional academic employee is entitled to paid adoption leave at a rate proportional to their fractional appointment.
44. FAMILY AND COMMUNITY LEAVE
44.1 An academic employee (other than a casual academic) who has completed twelve (12) continuous months of service at the University shall be credited with eight (8) working days Family and Community Leave with pay on 1 January each year for the mixed purposes of family/carer leave, compassionate/bereavement leave, religious, ceremonial and cultural leave.
44.2 Family and Community leave is non-cumulative.
44.3 Any Family and Community Leave must be authorised by the appropriate Head of School/Supervisor and authorised documentation provided to the relevant Personnel Officer.
44.4 The Family and Community leave is available where an academic employee (other than a casual academic) is unable to attend work because of:
44.4.1 unexpected family/carers responsibilities including caring for an ill or incapacitated child, spouse, partner (including same sex partner), parent, grandparent, grandchild or other family or household member, and providing care during the unexpected temporary absence of the usual carer, including during the unexpected closure of a child's school; or
44.4.2 bereavement/compassionate reasons on account of the death of an academic employees spouse, partner (including same sex partner), parent, grandparent, grandchild, child, sibling, or other reasons of a compassionate nature given in writing and accepted by the University; or
44.4.3 Religious, ceremonial and/or cultural reasons such as for an academic employee to attend or participate in particular religious, ceremonial or cultural activities. Activities may include:
44.4.3(a) an employee may take leave for the purpose of undertaking the observances of a religious persuasion followed by the employee.
44.4.3(b) an employee who is a member of an Aboriginal or Torres Strait Islander community may take leave for the purpose of participating in the ceremonial and cultural life of that community.
Such requests must be given in writing with reasonable notice and accepted by the University.
44.5 Notwithstanding the above provision, in circumstances the University may grant where an employee has used up all their family and community leave entitlement, additional leave for the sole purpose of bereavement at the rate of 3 days per bereavement.
44.6 An academic employee who is unable to attend work due to the need to take Family and Community leave shall inform their supervisor or Head of School as soon as practicable stating the nature of the leave requested and the estimated duration of the absence.
44.7 If leaving work due to the need to take Family and Community leave, an employee shall inform their supervisor or Head of School before doing so, unless there are extenuating circumstance rendering this impossible.
45.1 An academic required to attend for jury service shall be reimbursed by the University for an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of salary he/she would have received in respect of the ordinary time he/she would have worked had she/he not been on jury service.
45.2 An academic employee subpoenaed, summoned or called as a witness in legal proceedings not relating to University business will be required to cover any absence as either leave without pay or annual leave.
PART 7 - VARIATION OF EMPLOYMENT
Notwithstanding any other provision of this Agreement the University reserves the right to transfer any member of academic staff to perform at their current substantive classification level duties for which they are reasonably qualified.
47.1 Unless a reduced period of notice is acceptable and approved by the relevant Dean/Head of Cost Centre, an employee shall provide at least six (6) months notice of their intention to resign from the University
47.2 The University may withhold pay and any accrued entitlement, where the notice given by the employee of their resignation is unacceptable to the University.
48.1 The University may terminate employment of any employee (other than a casual employee) by the giving of two (2) weeks notice.
48.2 The University may terminate the employment of casual staff on the giving of one (1) hours notice.
49.1 An employee who is absent from work without explanation and does not, without reasonable justification, inform the Supervisor/Head of School or Head of Cost Centre of the reason for such absence for a period of 3 days or more may be deemed to have terminated their employment.
Any retrenchment of an employee (other than a casual employee) that takes effect on or after the date of certification of this Agreement will take place in accordance with the provisions of this clause.
50.1 Procedure and Severance Payment
Where the University has made a definite decision that there will be retrenchments, the University will initially notify the Union of the situation, and provide details of:
- the circumstances giving rise to the retrenchments;
- the particular employees that may be surplus to the University's requirements;
50.2 Where the retrenchments will arise from a definite decision to develop a proposal for change, the University will inform the Union to that effect and invite it to discuss the matter in accordance with management of change procedures included in this agreement.
In other circumstances, the University will invite the employee to discuss the operation of this Part in the particular circumstances.
50.3 The University will provide at least eight (8) weeks notice to excess employees of the date on which their employment will be terminated due to retrenchment and will provide them with the following options:
(a) To elect to leave within 5 working days, at which time they will receive an amount equal to the balance of the eight (8) weeks pay in lieu of the period of notice; or
(b) To elect to work out the notice period.
Provided that an employee who elects option (a) will receive an additional two- (2) weeks pay.
50.4 In addition to the period of notice referred to in clause 42.3, academic staff will be paid a retrenchment payment of:
(i) A sum calculated at the rate of one week's salary for each year of completed service with the University, and
(ii) Payment of any accrued long service leave and annual leave entitlement;
Academic staff over 45 years of age will receive an additional two- (2) weeks pay.
50.5 Without taking into account long service leave entitlements, the maximum pre-tax severance payment (inclusive of notice period) upon retrenchment of any academic employee shall not exceed fifty two (52) weeks of pay.
50.6 Severance payments shall not apply to the termination or expiration of fixed term contracts or to casual staff.
50.7 All benefits under this clause shall be calculated on the academic employee's base salary rate as provided by this agreement at the time of the University giving written notice of retrenchment.
51.1 The University may require, in writing, an academic staff member whose capacity to perform their duties is in doubt to undergo a medical examination by a medical practitioner chosen in accordance with Superannuation Fund requirements. The University shall meet any such medical examination expenses.
51.2 Procedures for medical retirement shall be in accordance with University policy
The University reserves the right, as a condition of employment, to deduct any monies owing to the University by an employee from final salary payments.
PART 8 - DISCIPLINARY PROCEDURES
53. UNSATISFACTORY PERFORMANCE PROCEDURES
53.1 General Principles
53.1.1 The University's commitment to sound management practices requires that it ensure all employees are aware of what constitutes an acceptable standard of performance of, and attitude to, their duties. It is also the responsibility of all employees to adhere to their contract of employment by performing their duties to an acceptable standard, and obeying all reasonable instructions of their supervisor.
53.1.2 These procedures are to assist Heads of Schools/supervisors who are faced with a problem of unsatisfactory work performance in the work place. The procedures are also intended to provide an employee whose work performance is identified as unsatisfactory with a clear understanding of the process and their rights and obligations under that process.
53.1.3 All persons and/or their representatives should be present at all formal meetings.
53.1.4 All persons involved in any action initiated under these procedures are obliged to maintain the strictest confidentiality at all times.
53.1.5 The relevant Personnel Officer shall be advised of, and included in, the disciplinary process.
53.1.6 The Personnel Officer will keep sufficient written records of all proceedings throughout the disciplinary process.
53.2 Definitions
53.2.1 Employee means a member of academic staff other than an employee employed on a casual basis.
53.2.2 Supervisor means the officer to whom the employee is accountable.
53.2.3 Representative means a member of the staff of the University, or an official of the relevant Union, a close family member, none of whom is a practising member of the legal profession (eg a barrister or solicitor) and who is nominated by an employee for the purpose of these procedures. There may be instances where staff request representation which may not conform to the above and due consideration will be given to the request.
53.2.4 Termination of Employment means termination of the employment of an employee at the initiative of the University.
53.2.5 Unsatisfactory Performance means a level of performance considered by the University to be unacceptable. Unsatisfactory performance may include, but is not limited to:
- Unsatisfactory, inefficient or negligent performance of the specified duties of the position held
- Persistent absence from/lateness in arriving at/cancellation of lectures, tutorials and other formal contact with students.
- Persistent complaints by students, or other staff about teaching, availability, and meeting deadlines
- Two consecutive failures of an employee to meet agreed goals contained within the University's annual Goal Setting and Performance Review.
- Insufficient evidence of scholarly activities over a prolonged period of time as publications, conference papers, renewed lecture series or updated reading lists, taking into account the overall workload and other activities of the staff member
- Inadequate completion of administrative tasks or other school/university responsibilities
53.3 Documentation
53.3.1 The relevant Personnel Officer shall be responsible for the keeping of all formal documentation.
53.3.2 No documentation relating to an employee's performance will be held on their Staff Personal File unless the employee has first been given a copy of the document and had an opportunity to reply to any matters raised therein.
53.3.3 Groups/Schools are not authorised to hold material relating to the proceedings; however, a copy of relevant documentation may be held in confidence by the Supervisor within a Group/School for the duration of any action arising from these procedures. Any information held by the Supervisor shall be forwarded to the Personnel Officer at the conclusion of these procedures.
53.3.4 It is incumbent upon any person holding documentation during these procedures to ensure that the documentation is held in confidence and securely.
53.3.5 The employee should sign all records of interview and a statement included next to the signature that states that the employee has sighted the summary. If the employee does not agree with the record of interview, s/he may request a note be included to that effect. Employees have a right to make a written response to the report. Failure to sign the record does not invalidate the record of interview.
53.3.6 The University shall in accordance with the State Records NSW Guidelines, retain all formal documentation on the employees personnel file for a period of five years after the last action relating to the specific case. Records outside this period will be destroyed.
53.4 Procedures
53.4.1 The affected employee has the right to nominate a Union delegate or another staff representative to accompany the employee through all stages of the process.
53.4.2 The relevant Personnel Officer shall attend all formal meetings in accordance with these procedures.
53.4.3 Where a supervisor is of the view that the performance of an academic is unsatisfactory, the supervisor shall first counsel the employee on the nature of the improvement required and the time within which reasonable improvement can be expected. A record of the counselling given shall be kept and a copy supplied to the staff member concerned. If the supervisor believes it appropriate, he/she shall direct the employee to undertake a course of professional development or other appropriate program(s) designed to assist in improving performance.
53.4.4 Where a supervisor believes that counselling has not produced the desired improvements in performance, the supervisor shall make a formal report to the Dean that the performance of a staff member is unsatisfactory. Such a report shall state clearly the aspects of performance seen as unsatisfactory and the record of attempts to remedy the problem.
53.4.5 The supervisor shall provide the employee with a copy of the report at the time it is submitted to the Dean. The employee shall be entitled to 10 working days to submit to the Dean a written response to the supervisor's report.
53.4.6 Upon receipt of the supervisor's report and any written response from the employee, the Dean shall first satisfy himself/herself that appropriate steps have been taken to bring the unsatisfactory nature of performance to the employee's attention, that an adequate opportunity to respond was given, that any response was taken into account, that a reasonable opportunity has been afforded to remedy the performance problem. The Dean may consult with colleagues of the employee. The employee will be notified prior to such consultation-taking place and has the right to register any concerns regarding such consultation
53.4.7 The Dean may then decide to:
- Take no further action and notify the member of staff and the supervisor of this decision in writing.
- Dismiss the matter and notify the member of staff and the supervisor of this decision in writing.
- Refer the matter back to the supervisor to ensure that the steps referred to in subclauses 53.4.3 through to 53.4.5 above are complied with in substance and in a manner appropriate to the circumstances and advise the staff member accordingly.
- Forward a written report to the Vice-Chancellor detailing the process undertaken and recommending that disciplinary action be taken.
53.4.8 Should a report be provided to the Vice-Chancellor, s/he shall advise the academic in writing of the Dean's report, and any proposed disciplinary action.
53.4.9 Nothing in this clause prevents the Vice-Chancellor or Dean/Head of Cost Centre, on his or her own initiative, referring a question of possible unsatisfactory performance to a supervisor for appropriate action.
53.4.10 If the employee challenges the outcome, grievance/dispute resolution procedures as provided in the Academic Staff Enterprise Agreement may be initiated at the agreed appropriate step in those procedures.
53.5 Disciplinary Action
53.5.1 Disciplinary action may include any of the following:
- that the employee's salary increment be withheld for up to one year;
- that the employee be demoted to a lower level position with the resulting reduction in salary;
- That the employee's services are terminated.
53.6 Notice Period
53.6.1 Where an employee's employment is terminated, the employee must be given notice in accordance with their contract of employment or clause 170 CM (2) of the Workplace Relations Act 1996, whichever is greater.
54. MISCONDUCT AND SERIOUS MISCONDUCT PROCEDURES
54.1 General Principles
54.1.1 The University's commitment to sound management practices requires that it ensure all employees are aware of what constitutes an acceptable standard of workplace conduct and attitude to their duties. It is also the responsibility of all employees to adhere to the University's Code of Conduct
54.1.2 These procedures are to assist supervisors who are faced with a problem of misconduct in the work place. The procedures are also intended to provide an employee whose work conduct is identified as unsatisfactory with a clear understanding of the process and their rights and obligations under that process.
54.1.3 All persons and/or their representatives should be present at all formal meetings.
54.1.4 All persons involved in any action initiated under these procedures are obliged to maintain the strictest confidentiality at all times.
54.1.5 The relevant Personnel Officer shall be advised of, and included in, the disciplinary process.
54.1.6 The Personnel Officer will keep sufficient written records throughout all proceedings.
54.2 Definitions
54.2.1 Employee means a member of academic staff other than an employee employed on a casual basis.
54.2.2 Supervisor means the officer to whom the employee is accountable.
54.2.3 Representative means a member of the staff of the University, or an official of the relevant Union, or a close family member who is not a practising member of the legal profession (eg a barrister or solicitor) who is nominated by an employee for the purpose of these procedures. There may be instances where staff request representation which may not conform to the above and due consideration will be given to the request.
54.2.4 Act means any action, word or omission or combination thereof.
54.2.5 Termination of Employment means termination of the employment of an employee at the initiative of the University.
54.2.6 Misconduct means behaviour, attitude or particular act of an employee that is considered by the University to be unacceptable. Misconduct may include, but is not limited to:
- misbehaviour or acts which constitute an impediment to the carrying out of the employee's work or that of other staff, or which is detrimental to students or members of the public;
- Failure to comply with a reasonable instruction given by a person who has a supervisory responsibility for the employee.
54.2.7 Serious Misconduct means wilful or deliberate actions of an employee that are unacceptable to the University. Serious misconduct may include, but is not limited to:
- More than two (2) misconduct offences of a similar nature.
- willful or deliberate behaviour by an employee that is inconsistent with continuation of the contract of employment;
- Unauthorised use of UNE facilities for private gain.
- conduct which causes an imminent and serious risk to the health and safety of any person, or the reputation, viability, or profitability of the employers business;
- any of the following in the course of employment:
(i) Theft;
(ii) Fraud;
(iii) Assault;
(iv) Refusal to carry out a lawful and reasonable instruction which was consistent with the employee's contract.
54.3 Documentation
54.3.1 The relevant Personnel Officer shall be responsible for the keeping of all formal documentation.
54.3.2 No documentation relating to an employee's misconduct will be held on their Staff Personnel File unless the employee has first been given a copy of the document and had an opportunity to reply to any matters raised therein.
54.3.3 Groups/Schools are not authorised to hold material relating to the proceedings; however, a copy of relevant documentation may be held in confidence by the Supervisor within a Group/School for the duration of any action arising from these procedures. Any information held by the Supervisor shall be forwarded to the Personnel Officer at the conclusion of these procedures.
54.3.4 It is incumbent upon any person holding documentation during these procedures to ensure that the documentation is held in confidence and securely.
54.3.5 The employee should sign all records of interview and a statement included next to the signature that states that the employee has sighted the summary. If the employee does not agree with the record of interview, s/he may request a note be included to that effect. Employees have a right to make a written response to the report. Failure to sign the record does not invalidate the record of interview.
54.3.6 The University shall in accordance with the State Records NSW Guidelines, retain all formal documentation on the employee's personnel file for a period of five years after the last action relating to the specific case. Records outside this period will be destroyed.
54.4 Procedures for Misconduct
54.4.1 At all stages of these procedures the affected employee has the right to nominate a Union delegate or another staff representative to accompany the employee at all meetings.
54.4.2 The relevant Personnel Officer shall attend all formal meetings in accordance with these procedures.
54.4.3 Where a supervisor is of the view that the conduct of an employee is unacceptable, the supervisor shall first counsel the employee on the nature of the improvement required and, if appropriate, the time within which reasonable improvement can be expected.
54.4.4 A record of the counselling given shall be kept and a copy supplied to the staff member concerned.
54.4.5 If the supervisor believes it appropriate, s/he shall direct the employee to undertake a course of professional development or other appropriate program(s) designed to assist in improving conduct.
54.4.6 Where a supervisor believes that counselling has not produced, or can not produce the desired improvements in conduct, the supervisor shall make a formal report to the Dean that the conduct of a staff member is unsatisfactory. Such as report shall state clearly the aspects of conduct seen as unsatisfactory and the record of attempts to remedy the problem.
54.4.7 The supervisor shall provide the employee with a copy of the report at the time it is submitted to the Dean. The employee shall be entitled to 10 working days to submit to the Dean a written response to the supervisor's report.
54.4.8 Upon receipt of the supervisor's report and any written response from the employee, the Dean shall first satisfy himself/herself that appropriate steps have been taken to:
- bring the unsatisfactory nature of conduct to the employee's attention;
- ensure that an adequate opportunity to respond was given;
- ensure that any response was taken into account;
- ensure that a reasonable opportunity has been afforded to remedy the conduct problem; and
The Dean may consult with colleagues of the employee. The employee will be notified prior to consultation taking place and has the right to register any concerns regarding such consultation
54.4.9 The Dean may then decide to:
- Take no further action and notify the member of staff and the supervisor of this decision in writing.
- Dismiss the matter and notify the member of staff and the supervisor of this decision in writing.
- Refer the matter back to the supervisor to ensure that the steps referred to in subclause 50.4.3 through to 50.4.7 are complied with in substance and in a manner appropriate to the circumstances and advise the staff member accordingly.
- Forward a written report to the Vice-Chancellor detailing the process undertaken and recommending that disciplinary action be taken and advise the staff member accordingly.
54.4.10 Should a report be provided to the Vice-Chancellor, s/he shall advise the academic in writing of the Dean's report and the process to be initiated. The Vice Chancellor may:
- dismiss the matter; or
- take no further action; or
- Establish a Misconduct Review Committee and may suspend the academic with pay.
54.4.11 Should a Misconduct Review Committee be established it should consist of:
- one management representative;
- one union representative; and
- One chair agreed between the Union and the University.
The Misconduct Review Committee shall be established and convened within 10 working days.
54.4.11 The Misconduct Review Committee shall review the process and facts associated with the specific case and provide a report on its findings to the Vice Chancellor within ten (10) working days on establishment of the Committee. The report may include recommendations for disciplinary action.
54.4.12 The Vice-Chancellor will determine what action should be taken and inform the staff member of the proposed course of action.
54.4.13 Nothing in this clause prevents the Vice-Chancellor or Dean/Head of Cost Centre, on his or her own initiative, referring a question of possible misconduct to a supervisor for appropriate action.
54.4.14 If the employee challenges the outcome, grievance/dispute resolution procedures as provided in the Academic Staff Enterprise Agreement may be initiated at the agreed appropriate step in those procedures.
54.5 Procedure for Serious Misconduct
54.5.1 The Vice-Chancellor shall consider any allegation of serious misconduct. If he/she believes such allegations warrant further investigation the Vice-Chancellor shall:
54.5.1(a) notify the academic employee in writing and in sufficient detail to enable the employee to understand the precise nature of the allegations, and to properly consider and respond to them;
54.5.1(b) require the employee to submit a written response within 10 working days.
54.5.2 At the time of notifying the academic the Vice-Chancellor may suspend the employee on full pay, or may suspend the employee without pay if the Vice-Chancellor is of the view that the alleged conduct amounts to conduct of a kind envisaged in section 170CM(1)(c) of the Act such that it would be unreasonable to require the employer to continue employment during a period of notice.
54.5.3 During any period of suspension the employee may be excluded from the institution, provided that he or she shall be permitted reasonable access to the institution for the preparation of his or her case and to collect personal property.
54.5.4 Following receipt of the employee's written response, the Vice-Chancellor shall determine, on the basis of all information available to him/her and within 10 working days, whether or not the conduct amounts to gross misconduct.
54.5.5 Where the Vice-Chancellor is of the view that there has been no serious misconduct he/she shall immediately advise the employee in writing, and may, by agreement with the employee, publish the advice in an appropriate manner. The employee will be paid any outstanding salary or benefit(s) that was withheld whilst the employee was suspended.
54.5.6 Should the Vice Chancellor require further action, a Serious Misconduct Review Committee will be established consisting of:
- one management representative;
- one union representative; and
- One chair agreed between the Union and the University.
54.5.7 The Serious Misconduct Review Committee shall review the process and facts associated with the specific case and provide a report on its findings to the Vice Chancellor within ten (10) working days.
54.5.8 Where the Vice-Chancellor is of the view that the conduct amounts to serious misconduct he/she shall advise the academic in writing and the employee's services will be terminated without notice.
54.5.9 Where the Vice-Chancellor determines that the conduct does not constitute serious misconduct but does amount to misconduct, he/she shall advise the employee in writing of the decision and the nature and operative date of any disciplinary action.
54.6 Disciplinary Action for Misconduct
54.6.1 Disciplinary action for misconduct may include any of the following:
- censure of the academic employee;
- that the employee's salary increment be withheld for up to one year
- that the employee be demoted to a lower level position with the resulting reduction in salary
54.7 Disciplinary Action for Serious Misconduct
54.7.1 Disciplinary action for serious misconduct shall result in the academic employee's services being summarily terminated.
PART 9 - GRIEVANCE & DISPUTE SETTLING PROCEDURES
55. PROCEDURES FOR SETTLING GRIEVANCES
55.1 A grievance is a complaint made by an employee about their workplace, or another employee, or a decision affecting their employment. This clause does not cover industrial disputes in accordance with clause 47 or grievances between students and employees. For the purpose of this clause, employee means academic, teaching, research and general staff.
55.2 If a complaint which may be dealt with under clause 47 has been dealt with in good faith as if it were a grievance, either the University or the union/s may choose at any time deal with the complaint as an industrial dispute. If the University or the union choose to deal with the matter as an industrial dispute the procedures outlined in clause 39 must be followed.
55.3 When an employee reports a grievance it must be taken seriously and the employee must be treated fairly.
55.4 Cost Centre Heads and supervisors are responsible for trying to prevent problems and for settling grievances in the workplace. Most grievances can be settled informally in the workplace.
55.5 An employee who has a grievance about another employee should try and settle the grievance directly with the other employee.
55.6 If the grievance cannot be settled between the parties, the parties should seek grievance mediation as provided for in the University's Grievance Mediation Policy and Procedures.
55.7 If a decision which affects the employment of an employee is the subject of the grievance, the University will not implement the decision until this procedure has been followed or until the grievance is settled.
55.8 At any time while trying to settled the grievance, an employee may consult with anyone they choose, including their union representative. Further, at any time while trying to settle the grievance, an employee may have anyone they choose present, including their union representative, but not a solicitor or a barrister.
55.9 If an employee cannot settle a grievance themselves the following process must be followed:
55.9.1 An aggrieved member of general staff shall raise the issue formally with their Supervisor or Supervisors' Supervisor or relevant Personnel Officer and may include a Union/s delegate or another staff representative in discussions.
55.9.2 If not resolved, the matter shall be referred to a conference of the individual; the Head of Cost Centre; the relevant Personnel Officer and a nominated Union staff representative.
55.9.3 Should the matter remain unresolved, a further meeting shall be convened between the individual; a representative from the Industrial Relations Unit; a Union/s or staff representative and may include the relevant Head of Cost Centre and/or the relevant Personnel Officer.
55.9.4 If the grievance still remains unresolved and if the individual wishes, the complaint may become an industrial dispute. Such matters are to be dealt with as provided in clause 38.
56. INDUSTRIAL DISPUTE SETTLEMENT PROCEDURES
56.1 The University and the union/s/s agree that this Industrial Dispute Procedure must be used to settle any industrial dispute which may arise. An industrial dispute means a dispute between the University and one or more staff or union/s/s which is about the terms of employment of one or more employees by this Agreement, including a dispute over the interpretation or implementation of this Agreement.
56.2 If the University and the union/s do not agree that a dispute is an "industrial dispute", the matter will be referred to a mutually agreed arbitrator for a speedy decision as to whether the dispute is an industrial dispute.
56.4 Procedures for Settling Grievances of Parties other than an Individual
56.4.1 Where any dispute arises as to the application of this Agreement the following process shall apply:
56.4.1(a) In the first instance, an accredited representative(s) of the union and the appropriate representative(s) of the University shall discuss the dispute and attempt to reach agreement within fourteen (15) calendar days of the dispute first being raised.
56.4.1(b) Where a dispute is not resolved under clause (a) above, at the request of either party, a Disputes Panel shall be convened within fourteen (15) calendar days unless agreed otherwise. The Dispute Panel shall consist of two (2) University nominees and two (2) union nominees.
56.4.1(c) The Disputes Panel shall convene within fourteen (15) calendar days of the matter being referred to it and shall attempt to resolve the matter with one working week of its first meeting. Any resolution shall be in the form of a written Agreement subject, if necessary, to ratification by either party.
56.4.2 Should the dispute not be resolved by the processes referred to above, the matter may be referred to the Australian Industrial Relations Commission for conciliation or arbitration by either party in which case the parties shall be bound by any recommendation or decision of the Commission.
56.4.3 No industrial action of any kind shall be pursued by either party whilst these procedures are being followed, up to and including the initial hearing of the issue before the Australian Industrial Relations Commission.
PART 10 - MISCELLANEOUS
57.1 The parties agree that there will be no extra claims made for increases in wages, salaries or allowances or in relation to matters covered by this Agreement except where this is specifically contemplated in the terms of this Agreement.
58. APPLICATION OF WORKPLACE RELATIONS ACT 1996
58.1 Nothing in this agreement shall prohibit the variation of this agreement in accordance with section 170MD of the Act.
58.2 Either party may make application to terminate this Agreement in accordance with section 170MHA of the Act after passing of the Agreement's nominal expiry date.
58.3 Nothing in this agreement shall prohibit the University from applying the provisions of Part VID of the Act.
59. LODGMENT OF AGREEMENT WITH THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
The parties to the above arrangements, agreed that a copy of this Certified Agreement shall be lodged with the Australian Industrial Relations Commission as part of the file relating to Case Number of 2000.
Maintained by Industrial Relations &
Workplace Change
© 1999 University of New England, Armidale, NSW
2351.
Last revised: 1 June 2000
Email:rwood@metz.une.edu.au