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EB General StaffDraft EBA Clauses |
REVISED 1 JUNE 2000
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GENERAL STAFF WORKPLACE AGREEMENT 2000/2003
PART 1 - APPLICATION AND OPERATION OF AGREEMENT 1.1 This Agreement shall be known as The University of New England General Staff Workplace Agreement 2000/2003. Part One - Application and Operation of Agreement 2. Arrangement 5. Relationship with other Awards and Agreements 6. Definitions 7. Commitments Part Two - Managing Organisational Change 8. Managing Organisational Change 9. Administration of Employment Conditions Part Three - Salaries, Allowances and Related Matters 11. Payment of Salaries and Salary Packaging 12. Salary and Contingent Increases 13. Salary Rates 14. UNE Classification Descriptors 15. Salary Points within a Classification 19. Stand-Downs 20. Management of Emergencies and Disasters 21. Superannuation Part Four - Employment Status and Related Matters 24. Primary Place of Employment Part Five - Hours of Work Arrangements 25. Span of Hours 26. Cyclic Rostering 27. Flexible and Family Working Arrangements Part Six - Leave and Related Matters 30. Christmas Break 31. Annual leave 32. Maternity Leave Part Seven - Variation of Employment 34. Transfer 38. Retrenchment Pay Part Eight - Organisational Development 41. Organisational Development Part Nine - Workplace Risk Management Part Ten - Grievance and Dispute Resolution Procedures 43. Procedures for Settling Grievances 44. Industrial Dispute Settlement Procedures Part Eleven - Miscellaneous 45. No Extra Claims 46. Application of Workplace Relations Act 1996 47. Lodgement of Agreement with the AIRC Schedule A: Full-Time Salary Rates Schedule B: Casual Rates Schedule C: Apprentice Rates Schedule D: Student Rates Schedule E: 2%General Staff Productivity Contingent Salary Increase Schedule F: 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 Community and Public Sector Union (CPSU); 3.1.3 the National Tertiary Education Industry Union (NTEU); 3.1.3 all general staff employees up to and including the minimum rate for HEO 10, whose employment is subject to this Agreement. 3.2 General staff engaged at a salary level which exceeds the minimum rate for HEO 10 will have conditions of employment set out in an individual employment contract which may, at the discretion of the University, include specific entitlements contained in this agreement. 4.1 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: 5.1.1 rescinds and replaces the University of New England General Staff Enterprise Agreement 1998/1999 as certified by the AIRC on 3 June 1998 and all other awards and agreements binding upon the University, other than those named in this Agreement; 5.1.2 is to be read in conjunction with the University of New England General Staff (Interim) Award 2000 and the University of New England (Information Technology Officers) On-Call Conditions Agreement 1999. 5.1.3 shall operate to the exclusion of and override the Higher Education Contract of Employment Award 1998; and 5.1.4 does not affect or impede the National Training Wage Interim Award 1994. 5.2 In the event of any inconsistency between this Agreement and the provisions of the above listed Awards and Agreements, the provisions of this Agreement will prevail to the extent of any inconsistency. 5.3 Where this Agreement deals with a matter also dealt within one of the above listed Awards or Agreements 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 Workplace Relations Act 1996 as amended from time to time; 6.1.2 "AIRC" means the Australian Industrial Relations Commission; 6.1.3 "Award" means The University of New England General Staff (Interim) Award 2000; 6.1.4 "by agreement" shall mean that changes shall only be introduced with the approval of both parties; 6.1.5 "Consultation" means that the parties shall confer and the views expressed by either party shall be taken into account before final decisions are made by management; 6.1.6 "Cost centre" is an administrative term used to define a budgetary unit at the level of faculty, school or directorate; 6.1.7 "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; 6.1.8 "Negotiation" means that the parties will confer on the issue being considered and every attempt will be made to reach a mutually agreeable outcome; 6.1.9 "Ordinary rate of pay" means the gross rate of pay of an employee's substantive position free of all loadings, bonuses and allowances; 6.1.10 "Redundant position" means a position that is identified as surplus to the needs of the University; 6.1.11 "Redeployment" means the movement of an employee whose position has been declared redundant into another vacant position within the University; 6.1.12 "Retrenchment" means the termination of employment of an employee whose position has been declared redundant and who has elected to accept a retrenchment package; 6.1.13 "Shiftworker" means a person who is required to regularly perform duties on a continuous rotating shift over a 24 hour day seven (7) day week; 6.1.14 "Time-off-in-lieu" means time off in lieu of overtime and is accrued at a rate equal to the quantum of hours worked; 6.1.15 "Transfer" means the movement or relocation of an employee from one job or workplace to another at their substantive level; 6.1.16 "Union/s" means the Community and Public Sector Union and/or the National Tertiary Education Industry Union; 6.1.17 "University" means The University of New England; 6.1.18 "Vice-Chancellor" shall mean and refer to the chief executive officer of the University. 7.1 To assist the University in achieving its Strategic objectives the parties aim to create a workforce that has a culture of consultation, participation, trust, flexibility, teamwork and continuing improvement; a culture where work practices are flexible and based on skill and ability; where employees are well trained, committed and accountable for their job responsibility. The objective of this strategy is to achieve real and sustainable productivity enhancement, through improvement in income generation, quality of service, delivery of service, work organisation and training. 7.2 The parties recognise that significant organisational and operational change has taken place within general staff areas of the University over the past five years due to changing market conditions, student, staff and community service expectations and changes to government funding and budget constraints. In adapting to its changing environment, the University will implement a strategy of continuous improvement which is designed to: 7.2.1 provide the best available service to its students, staff and community; 7.2.2 incorporate quality assurance as an integral part of the business; and 7.2.3 increase productivity with minimal additional costs to the University or its customers. 7.3 It is the purpose of this Agreement to support these customer service and productivity objectives and to provide meaningful and responsible roles to general staff of the University through the implementation of workforce planning strategies. 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. 8.2.1 The parties agree that where the carrying out of the University's responsibilities and obligations will 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 general staff workforce which will have a significant impact within a cost centre is to occur; 8.2.1(b)The restructuring of work required of general 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 general staff workload are to occur. 8.2.2 By agreement between the parties, clause 8.3 may be implemented where circumstances other than these apply. 8.2.3 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. 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 Head of Cost Centre has identified a possible need for organisational change, he/she shall inform relevant staff within their respective Cost Centre through normal consultative procedures followed in the particular 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 Head of Cost Centre in order to facilitate completion of the particular workplace change process expeditiously. 8.1.1(c) Once the 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 analyses including the following matters:
8.3.1(d) Once the draft document has been developed, it shall be provided to the affected staff and the Unions 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 of the proposed change. 8.3.1(f) After consultation meeting(s), if the Head of Cost Centre decides to proceed with the change, the 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 Unions for comment. If necessary further meetings shall take place to finalise the managing change document. 8.3.1(h) Once affected staff and the Unions have been provided with the managing change document in accordance with step (d), then subclauses (e), (f) and (g) will 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, the workplace change shall be implemented by the Head of Cost Centre in accordance with its terms and relevant employment conditions. 9. Administration of Employment Conditions 9.1 The University will consult with the parties to ensure that changes, other than administrative changes, to employment policies have been considered before the policy is implemented by the University. 10.1 The parties agree that the University has the right to review any area of activity within the University's operations. PART THREE - SALARIES, ALLOWANCES AND RELATED MATTERS 11. PAYMENT OF SALARIES AND SALARY PACKAGING 11.1 General 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. 11.2 In exceptional circumstances, cheques may be drawn at the discretion of the University. 11.3 In order to improve efficiencies in the payroll process, the parties are committed to the implementation of initiatives such as the production of electronic payslips (where possible) and remote data entry. Where an electronic payslip is produced, no paper copy with be provided. 11.4 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 development of a salary-packaging policy. 11.5 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. 12. SALARY AND CONTIGENT INCREASES 12.1 For employees covered by this Agreement the following salary increases will apply: 12.1.1 1% from the first pay period to commence on or after 1 May 2000; 12.1.2 2% from the first pay period to commence on or after 1 July 2001; 12.1.3 2% from the first pay period to commence on or after 1 July 2002; 12.1.4 2% from the first pay period to commence on or after the 31 December 2002; 12.2 In addition to the final 2% increase as prescribed in clause 12.1.4, the University undertakes to supplement this increase, with a further 3%. This additional salary offer is shall be broken up as follows: 12.2.1 2% salary increase tied to the achievement of general staff efficiencies as outlined in Schedule E; and 12.2.2 1% salary increase subject to the University achieving an increase in available funds from the contingency targets and goals outlined in Schedule F. 12.3 The additional increases prescribed in subclauses 12.2.1 and 12.2.2, if applicable, will take effect from the first pay period to commence on or after the 31 March 2003. 12.4 Any retrospective salary increase shall only be paid to those continuing and fixed term employees employed by the University at the time of certification. 13.1 The salary rates contained in Schedule A are payable to full time employees covered by this Agreement and include the above salary increases and are inclusive of the roll-up of annual leave loading. 13.2 Apprentice rates 13.2.1 Apprentices will be paid rates in accordance with the following percentages of the salary prescribed for the first step of HEO Level 3: 1st year 45% 2nd year 60% 3rd year 75% 4th year 90% 13.2.2 Apprentice rates are prescribed in Schedule C of this Agreement. 13.3 Casual rates 13.1 Casual rates are payable to casual employees and are set out in Schedule B of this Agreement. 13.2 Casual employees shall be paid at casual rates that incorporate a casual loading of 22.5% on top of the base hourly rate. The casual loading is in lieu of all other entitlements including but not limited to annual leave, sick leave, overtime, shift penalties, long service leave accrual and service, annual leave loading and working irregular hours. 14. UNE CLASSIFICATION DESCRIPTORS 14.1 Employees covered by this Agreement shall be classified in accordance with the UNE Classification Descriptors. 15. SALARY POINTS WITHINA CLASSIFICATION 15.1 Movement within salary points 15.1.1 At the conclusion of each 12 month period, following an employee's entry into a classification, an employee will be eligible for movement to the next highest salary point within the classification. 15.1.2 Movement to the next salary point within the classification will only occur when the supervisor/manager has advised Personnel Services in writing that, over the preceding 12 months, the employee: 15.1.2(a) has acquired and used additional skills, experience and knowledge within the ambit of the classification and in accordance with the priorities of the organisational unit. For this purpose, the employee will be assessed against relevant criteria used in the Goal Setting and Performance Review System, and 15.1.2(b) has demonstrated satisfactory performance against the relevant classification description. 15.1.3Movement to the next highest salary point will not be effeced retrospectively. 15.2 Staff development/performance review 15.2.1 An annual Goal Setting and Performance Review System shall be conducted for all employees. The review shall be confidential, and, without limiting the scope, is intended to identify: 15.2.1(a) the new and enhanced skills required by the University, if any, together with proposed competency levels required where appropriate; 15.2.1(b) any development anticipated by the University for the employee in his/her position both in the short term and the longer term; 15.2.1(c) the performance objectives required; 15.2.1(d) current performance; 16.1 As part of the Award Restructuring process (1993), the University replaced the existing classifications structure with 10 classification bands covering all general staff. These bands are differentiated by very broad classification descriptors, determined in 1994. 16.2 During the life of this Agreement the University will develop and implement a policy on the linking of HEO levels. 16.3 On the certification of this Agreement and as a "one-off" payment, an employee of the University who has completed more than one year service at the top salary step of HEO Level 1 at the date of certification will be reclassified and appointed at the base step of HEO Level 2. 17.1 The purpose of this provision is to recognise and appropriately compensate nominated members of staff who are required to remain on-call for extended periods of time in order to maintain the effective operation of the University. 17.2 "On-call" means the situation in which a staff member is required to be contactable and available for duty at all times during a rostered period for emergency, remote monitoring, maintenance and/or breakdown work. A staff member "on-call" will not be required to remain at his/her home. 17.3 This provision does not apply to staff members covered by the University of New England (Information Technology Officers) On-call Conditions Agreement 1999/2002. 17.4 Payments of on-call allowance 17.4.1 While "on-call" a staff member shall receive an allowance for each 24 hour rostered period. The allowance shall equate to 15% of the staff member's ordinary daily rate of pay (excluding any bonuses and/or allowances). The on-call allowance is not subject to calculation for superannuation purposes. 17.5 Payments of overtime for employees on-call 17.5.1 Where a staff member is able to rectify a fault remotely and the "log on" time is less than 30 minutes, the staff member will not receive an overtime payment. 17.5.2 Where a staff member is able to rectify a fault remotely and a "log on" session of longer than 30 minutes is necessary, any overtime payable will be paid at the rate of time and one half. 17.5.3 Where a staff member is required to return to the University at any time outside of their normal working hours, overtime will be paid for a minimum of two hours. 17.5.4 Any additional return to the University within a minimum overtime period will not attract further payment. 17.5.5 Overtime will be paid to the nearest quarter hour (15 minutes). 17.5.6 Where a staff member is required to rectify a fault remotely, the normal 10 hour break provisions will apply as if they had returned to the University. 18.1 Staff members may nominate themselves as being able to be "called back" to perform extra duties outside of their ordinary hours of duty. In such cases, the staff member's name will be placed on an availability list kept within their work area. The staff member will not be "on call" but may be contacted if the need arises. 18.2 Staff members available for "call back" will receive additional remuneration only in cases where they are called back to the University. 18.3 Payments for call backs 18.3.1 Where a staff member is called back at any time outside of their normal working hours, overtime will be paid for a minimum of two hours. 18.3.2 Any additional call back within a minimum overtime period will not attract further payment. For example, if a staff member is called back at 6.00 pm on a Monday evening and then called back again at 7.00 pm on the same evening, only one minimum payment of 2 hours will be paid. Except that, where the second call extends beyond the 2 hour minimum normal overtime rates will be paid for the additional time worked. 18.3.3 Nothing in this policy restricts the use of flexible working arrangements and/or time of in lieu of overtime. Any such arrangements must adhere to the University's policies and procedures. 19.1 Nothing in this Agreement shall prohibit the University from standing down employees with or without pay. 20. MANAGEMENT OF EMERGENCIES AND DISASTERS 20.1 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). 20.2 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. 20.3 During an emergency or disaster, any employee can be required to perform duties outside their ordinary daily hours to deal with an emergency or disaster and shall be paid at the rate of time and one half for the period of duties performed. 20.4 The determination of an emergency or disaster shall be made by the Vice Chancellor (or their nominee). 21.1 The University will maintain the current level of superannuation contributions for all employees (other than casual employees) until the nominal expiry date of this Agreement. 21.2 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 FOUR - EMPLOYMENT STATUS AND RELATED MATTERS 22.1 The University may employ persons: 22.1.1 on a continuing or fixed term basis as full-time or part-time employees, or 22.1.2 as casual or student employees. 22.2 The University will inform the employee in writing of the basis of their employment. 22.3 The provisions of subclauses 22.4 to 22.9 override clause 10 and Part 5 of the Award. 22.4 Continuing employment 22.4.1 "Continuing employment" shall mean and refer to employment with no specified end date. 22.5 Fixed term employment 22.5.1 "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 the specific circumstances related to the finishing of that employment. 22.5.2 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. 22.5.3 The provision of clause 37 of this Agreement will not apply to fixed term employees. 22.6 Full-time employment 22.6.1 "Full-time employment" means all employment other than "part-time", 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. 22.7 Part time employment 22.7.1 "Part-time employment" means employment for less than the normal weekly ordinary hours specified for a full-time employee, for which all award entitlements are paid on a pro-rata basis calculated by reference to the time worked. Part-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. 22.7.2 At the time of engagement the University and the regular part-time employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of work the employee will work and the actual starting and finishing times each day. 22.7.3 Any agreed variation to the regular pattern of work will be recorded in writing. 22.8 Casual Employment 22.8.1 "Casual employment" shall mean a person engaged by the hour and paid on an hourly basis that includes a loading related to award based benefits for which a casual employee is not eligible. 22.8.2 Casual employment has no span of hours and non minimum or maxmimum hours of work. Casual employees will be paid one hour for each hour or part thereof. 22.9 Student Employment 22.9.1 Student employment is a separate category of employment. The hours a student employee works are subject to availability, relevant to their study timetable requirements. Student employees shall be paid an all-inclusive rate (detailed in Schedule D) regardless of days worked. 23.1 The parties recognise the unique circumstances associated with the geographic location of the University of New England. It is also recognised that attracting, developing, retaining and renewal of high quality staff is a core objective of the University. 23.2 In order to achieve this objective, the University will implement a workforce planning policy and procedure within twelve (12) months from certification of this Agreement. 24. PRIMARY PLACE OF EMPLOYMENT 24.1 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 24.2 Where staff may have to undertake duties at other locations this will be determined after consultation. 24.3 Employees shall attend their primary place of employment as reasonably required by their supervisor to carry out their duties. PART FIVE - HOURS OF WORK ARRANGEMENTS 25.1 The quantum of ordinary hours may be rostered by the University and worked between 5:00am and 10:30pm on any day Monday to Sunday. 26.1 All staff covered by this Agreement may have their ordinary daily hours or part thereof rostered on any twenty (20) days within a twenty-eight (28) day cycle. 27. FLEXIBLE AND FAMILY WORKING CONDITIONS 27.1 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. Arrangements, where authorised, may include provisions such as flexible rostering arrangements, fractional employment, salary averaging, job rotation, secondment, 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 by the University. Individual arrangements shall be confirmed in writing, by the Personnel Officer, for a fixed term and lodged with Personnel Services. 28.1 Overtime shall only apply to employees up to and including HEO 7. 28.2 Unless flexible working arrangements have been agreed, all overtime paid to employees shall be paid at the rate of time and a half for the first four hours and double time thereafter for hours worked in excess of the ordinary daily hours. 28.3 Overtime, penalties and allowances shall not apply to casual employees. 28.4 Shift penalties shall only apply to shiftworkers as provided for in the Award. 28.5 All other penalties and loadings included within the Award shall not apply during the life of this Agreement. 28.6 Nothing in this Agreement shall prohibit the University and an employee by mutual consent entering into time-off-in-lieu arrangements. PART SIX - LEAVE AND RELATED MATTERS 29. PUBLIC HOLIDAYS, PARENTAL LEAVE, FAMILY AND COMMUNITY LEAVE, JURY AND WITNESS LEAVE, LONG SERVICE LEAVE, SICK LEAVE 29.1 Public holidays, parental leave, family and community leave, jury and witness leave, long service leave and sick leave shall all be as provided in the Award. 30.1 General staff (other than casual staff) shall be entitled to leave on full pay between and including the period of Christmas Day and New Years Day. 30.2 Should a general staff employee be required to work during such Christmas break they will accrue time off equivalent to the quantum of time worked. Such time off should normally be taken within four (4) weeks of the Christmas break at a time mutually agreed between the employee and their Supervisor/Manager. 30.3 Any public holiday gazetted during the Christmas break will form part of the Christmas break. 31.1 An employee, other than a casual employee or a shiftworker, shall be eligible to an additional one week of annual leave in addition to the annual leave entitlement provided in clause 26 of the Award. 31.2 This additional one week of annual leave shall not attract or be subject to annual leave loading. 31.3 The additional one week of annual leave shall be taken as directed by the University. 31.4 It is a condition of this Agreement that the additional one week of annual leave can only be taken by the employee in the year after the year of service in which the additional one week of annual leave has accrued in. 31.5 The parties to this Agreement agree to implement a strategy during the life of this agreement which will lower the accrual limit of annual leave to a maximum of 5 weeks. 32.1 In addition to existing entitlements included in the Award, flexible-working arrangements (including part-time work) may be entered into to accommodate individual staff during maternity leave for a period of not more than six (6) months. Such arrangements may only be entered into where there is mutual agreement between the individual and University. 32.2 Any time worked will not extend the entitlement to paid maternity leave. 33.1 The University may require a shutdown of all resources of the University, or part of the University, at any other time as determined by the Vice Chancellor. A shutdown period may require general staff to cease using University resources. Shutdown periods will occur without loss of ordinary pay and will be deducted from annual leave accruals. PART SEVEN - VARIATION TO EMPLOYMENT 34.1 Notwithstanding any other provision of this Agreement the University reserves the right to transfer any member of general staff into any reasonable position at their current substantive classification. 35.1 The University may terminate employment of any employee (other than a casual and student employee) by the giving of two (2) weeks notice. 35.2 The University may terminate the employment of casual and student employee on the giving of one (1) hours notice. 36.1 An employee who is absent from work without explanation and does not, without reasonable justification, inform the Supervisor 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. 37.1 In accordance with the University's Strategic Plan 1997 - 2000, the University is committed to developing and retaining high quality staff. To this end, the University agrees to no forced retrenchments for general staff, up to and including staff employed at the minimum rate of HEO 10, during the life of this Agreement. 37.2 The University reserves the right to transfer any existing general staff members to any reasonable position within the University that is commensurate with the employee's skills, competence and training at their current salary classification level. Transfers may involve the staff member being relocated in more than one position as required by the University. Probationary periods of up to three months may apply before the appointment is confirmed. 37.3 From the date of certification of this Agreement, where a position or the duties of a position are no longer required, and the incumbent has not already been transferred to another position, the incumbent may: 37.3.1 elect to be redeployed to another position within the University, which is not more than two (2) levels below their present position, if the present level is not available. Such redeployed employees shall retain their salary for all purposes (including superannuation) on a personal basis until the salary of the lower level position reaches that level; or 37.3.2 elect to accept an offer from the University of a retrenchment package. 37.4 In accepting redeployment, an employee agrees to be retained as required by the University. 37.5 The duties of any new position to be undertaken by the employee will be classified through the University's normal classification process. 37.6 The provisions of this clause do not apply to persons engaged on fixed term contracts. 38.1 The minimum redundancy package which may be negotiated with an employee as provided for in subclause 36.3.2 of this Agreement shall be no less than the entitlement provided for in subclause 13.3 of the Award. 38.2 No severance shall be payable on the termination or expiration of a fixed term contract. 39.1 The University may require, in writing, a general 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. 39.2 Procedures for medical retirement shall be in accordance with University policy. 40.1 The University reserves the right as a condition of employment to deduct any monies owing to the University by an employee from salary payments. PART EIGHT - ORGANISATIONAL DEVELOPMENT 41. ORGANISATIONAL DEVELOPMENT 41.1 The parties are committed to training and development needs of general staff employees and the University in relation to objectives, priorities and training matters listed below. 41.2 Objectives 41.2.1 Ensure that the current and future skill requirements of University general staff employees are maintained and extended in accordance with the University's Strategic Plan 1997-2002. 41.2.2 Ensure that the skills and contributions of general staff are effectively used. 41.3 Priorities 41.3.1 The University is committed to: 41.3.1(a) Strategies to build leadership, management and supervisory skills of general staff; 41.3.1(b) Transparent training and professional development policy, strategies and framework to support organisational needs and particularly the Goal Setting and Performance Review Process; 41.3.1(c) Strategies for implementation of quality and continuous improvement planning and processes; 41.3.1(d) Enhancement of current arrangements for the employment transition program; 41.3.1(e) Strategies to develop general staff understanding of University policies and procedures. 41.3.2 General staff are committed to: 41.3.2(a) participating in the strategies of the University to develop and build up their leadership, management and supervisory skills; 41.3.2(b) undertaking necessary training and professional development to support organisational needs and participating in the Goal Setting and Performance Review process; 41.3.2(c) participating in the development of and continuous improvement of quality planning and processes; 41.3.2(d) familiarising and understanding themselves with University policies and procedures. 41.4 Training & organisational development matters to be implemented 41.4.1 The Organisational Development Unit will develop strategies for the provision of training to employees and their managers in accordance with the priorities above. 41.5 Formal courses 41.5.1 Where appropriate, and at the sole discretion of the University, formal courses may be provided to general staff employees where mutually agreed between the department Cost Centre Manager and the individual concerned and address specific operating needs of the University. Such formal courses must be approved by the department Cost Centre Manager and will only be provided where the University is satisfied that such formal courses will add value to its operations, is within budgetary guidelines and achieves specified departmental objectives included in the University's Strategic Plan 1997 - 2002. 41.6 Study time and examination leave 41.6.1 In addition to training matters identified at the annual goal setting and performance review, all fulltime general staff employees are eligible to apply for Study Time to assist in attending lectures, tutorials and residential schools. Entitlement is subject to the University approving that the course of study is genuinely relevant to the employee's current work or for other reasons as mutually agreed between the department Manager/Dean and the individual concerned. Time off for study is at the discretion of the University and is subject at all times to the University's operating needs. PART NINE - WORKPLACE RISK MANAGEMENT 42.1 The University is committed to meeting its statutory obligations under the Occupational Health and Safety Act (1983) as amended and regulations, the Injury Management and Workers Compensation Act (1998) as amended, associated Acts or regulations, and various Acts and regulations relating to the protection of the environment as enacted from time to time. 42.2 The parties agree that the development and maintenance of optimum health and safety standards for the employees of the University are vital for the long-term well being and career progression of employees and the workplace standard of the University. 42.3 The parties agree that during the life of this Agreement the OH&S impact of proposed workplace changes shall be monitored and reviewed with the assistance of the University's Occupational Health & Safety Committee. To ensure optimum effectiveness in the monitoring process, relevant details of proposed changes to a place of work (which could affect the health and safety of persons at that place of work) shall be provided to the Occupational Health and Safety Committee for review prior to implementation. 42.4 The parties are committed to reducing the level of work-related injuries and related absenteeism. 42.5 The parties agree to the trialing and implementation of a number of initiatives to improve the occupational health and safety of University employees. Such initiatives will continue to be monitored through the University's Occupational Health and Safety Committee and will include but are not limited to: 42.5.1 the provision of a mechanism for OHS consultation which will include: 42.5.1(a) the establishment of Cost Centre/Building OHS committees to enhance consultation on OHS matters and to make recommendations to the Cost Centre managers on the local implementation of policies and procedures; 42.5.1(b) as an alternative to the provisions of 41.5.1(a), a network of adequately trained and resourced Cost Centre nominated staff to assist managers/supervisors in implementing programmes of risk identification, risk assessment, risk control and injury management programmes within the cost centre management plans. 42.5.2 the provision of education programmes to enable managers and staff to fulfil their responsibilities under the Occupational Health and Safety, Injury Management and Environment legislation. Particular focus will be given to: 42.5.2(a) provisions of the Occupational Health and Safety, Injury Management and Workers Compensation and the Protection of the Environment (Operations) Acts. 42.5.2(b) Occupational Health and Safety Regulations 2000 (when gazetted) 42.5.2(c) Hazardous Substances and Manual Handling regulations or its replacement; 42.5.1(d) Occupational Health and Safety codes of practice; and 42.5.1(e) OHS audits. PART TEN - GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES 43. PROCEDURES FOR SETTLING GRIEVANCES 43.1 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 44 or grievances between students and employees. For the purpose of this clause, employee means academic, teaching, research and general staff. 43.2 If a complaint which may be dealt with under clause 43 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/s choose to deal with the matter as an industrial dispute the procedures outlined in clause 44 must be followed. 43.3 When an employee reports a grievance it must be taken seriously and the employee must be treated fairly. 43.4 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. 43.5 An employee who has a grievance about another employee should try and settle the grievance directly with the other employee. 43.6 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. 43.7 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. 43.8 At any time while trying to settle 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. 43.9 If an employee cannot settle a grievance themselves the following process must be followed: 43.9.1 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. 43.9.2 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/s/staff representative. 43.9.3 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. 43.9.4 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 44. 44. INDUSTRIAL DISPUTE SETTLEMENT PROCEDURE 44.1 The University and the union/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 union/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. 44.2 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. 44.3 When a dispute is being settled in accordance with this procedure: 44.3.1 work must continue in the current manner; 44.3.2 the University and the union/s must not change anything which is subject of the dispute; 44.3.3 the University and the union/s must not take any industrial action about the dispute; and 44.3.4 the University and the union/s must not take any action to make the dispute worse. 44.4 Following this procedure does not restrict the rights of the University and the union/s to exercise their rights under statutory provisions. 44.5 If there is an industrial dispute the following procedure must be followed: 44.5.1 In the first instance, an accredited representative(s) of the union/s and the appropriate representative(s) of the University shall discuss the dispute and attempt to reach agreement within fourteen (14) calendar days of the dispute first being raised. 44.5.2 Where a dispute is not resolved under clause (a) above, at the request of either party, a Disputes Panel shall be convened within fourteen (14) calendar days unless agreed otherwise. The Dispute Panel shall consist of two (2) University nominees and two (2) union/s nominees. 44.5.3 The Disputes Panel shall convene within fourteen (14) 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. 44.5.4 Should the dispute not be resolved by the processes referred to above, the matter may be referred by either party to the Australian Industrial Relations Commission for resolution including, inter alia, by conciliation or arbitration, in which case the parties shall be bound by any recommendation or decision of the Commission. PART ELEVEN - MISCELLANEOUS 45.1 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. 46. APPLICATION OF WORKPLACE RELATIONS ACT 1996 46.1 Nothing in this Agreement shall prohibit the variation of this Agreement in accordance with section 170MD of the Act. 46.2 Either party may make application to terminate this Agreement in accordance with section 170MHA of the Act after passing of the Agreements nominal expiry date. 46.2 Nothing in this Agreement shall prohibit the University from applying the provisions of Part VID of the Act. 47. LODGEMENT OF AGREEMENT WITH THE AIRC 47.1 The parties to the above arrangements agree that a copy of this certified Agreement shall be lodged with the AIRC as part of the file relating to Case Number of 2000.
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Maintained by Industrial Relations
& Workplace Change.
© 1999 University of New England,
Armidale, NSW 2351.
Last revised: 15 March 2000
Email:rwood@metz.une.edu.au