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Without Prejudice
14 April 2000 Adrian Ryan Via Fax (02) 9212 4090
RE: NTEU LOG OF CLAIMS FOR GENERAL STAFF MEMBERS Dear Adrian, As requested at the NTEU general staff EB meeting of 29 March 2000, please find detailed below our response to the NTEU's log of claims regarding the current round of enterprise bargaining for general staff. 1. Salaries The University can not agree with the 19% salary claim included in the NTEU log of claims. We acknowledge that since the NTEU log was sent to the University, the NTEU have adjusted there claim which presently stands at 15% over three years. The University does not believe that a claim of this size can presently be achieved without causing negative impact upon staffing levels and the fabric of the University. We are however, willing to enter into genuine negotiations to try to find joint solutions that will achieve the best possible salary improvements for our staff. 2. Expiry Date The University intends to reach an agreement for a 36 month period expiring in 2003. 3. Awards The University can not agree with this request of the NTEU. The University believes that any new General staff agreement will only be read in conjunction with the UNE General staff Award 1999 and the Tertiary Education Superannuation Scheme (TESS) Superannuation Award 1988. 4. Employment Security a) Mode of Employment i) The terms and conditions of the HECE Award as revised last year are included in our UNE General Staff Award 1999. ii) The University does not employ any general staff (that would be included as part of an agreement resulting from this round of negotiations) on fixed term contracts that do not comply with HECE. iii) The University has agreed to offer an increase to casual loading from 21.87% to 25% subject to agreement of other casual staff conditions put forward by the University in recent negotiations. The University sees no benefit to its operations in changing the minimum call from 2 hours to 3 hours for casual general staff. The University will not agree to any loadings automatically being applied to fixed term contracts. a) Managing Change, Redeployment, Redundancy and Severance The University can not guarantee that there will be no job losses during the next three years. However, the University is investigating the possibility of agreeing to a policy of "no forced retrenchments" for general staff as part of this round of enterprise bargaining. This position would be dependent upon an agreement that would not require the retrenchment of staff to pay for salary increases. Generally, these matters require further discussion and must be considered against other conditions included in the enterprise bargaining process. The University intends to maintain its process of consultation with relevant staff and the union where a definite decision has been made to initiate changes that could have a direct substantial impact upon general staff. The University proposes that redundancy provisions as have already been determined in award negotiations should prevail and may be included as a consent variation to the award once ratified if consent is reached with all parties. Redeployment will remain the prerogative of the University. Our interest is to secure existing staff in employment where appropriate to the needs of the University. Similarly, the University reserves the right to transfer staff at their substantive HEO level. Any appointments within the University will continue to comply with the University's recruitment policies or in conjunction with workforce, succession and career development plans approved by the University. We require clarification with regard to your points (v) and (vi). b) Induction and Career Development The University has introduced a new induction process that will continue to be developed and revised as necessary. The University is committed to enhancing opportunities for career development and training. The University will be working on guidelines for workforce planning which is included in our draft for discussion. Some of the issues that may be included in the guidelines will assist in developing career paths as well as improved regulation of work requirements of general staff and ensuring that other entitlements such as annual leave are managed effectively. Examples of such issues may include:
Workforce planning will ensure that staffing adjustments can be made in an organisational context. This will also ensure appropriate duty statements are determined before adjustments are made. c) Probation The University believes that the recent negotiations with the NTEU over the new UNE General Staff Award 1999 have resulted in an agreed outcome with regard to this claim. 5. Workloads The University is keen to ensure that workloads are equitable, responsive, transparent, flexible, and relevant to the goals and objectives of the University. The University believes that through development of guidelines on workforce planning our requirements of general staff will be determined in accordance with these principles and will provide mutual benefit to both staff and the University. The University does not believe that more committees will be required for the purpose of reviewing staffing levels. The University sees no benefit in changing current ordinary hours for shift workers. The University is interested in exploring the possibility of linking classifications where the University sees benefit to its operations. Any disputes would be settled through the grievance and disputes settling procedures included in our final agreement. 6. Superannuation The University intends to maintain the status quo with regard to existing superannuation entitlements as well as restricting the number of funds available. However, we believe that there may be some administrative efficiencies that could be achieved in the processing of superannuation for casual staff as part of our new enterprise agreement. 7. Forms of Leave The University believes that matters associated with general leave provisions have been dealt with in the UNE General Staff Award 1999 and we see no need to re-negotiate these matters at this time. The University is satisfied with our current policy on study leave within our current economic climate and circumstances. We have included this clause in our draft proposal. The university would welcome discussion to include in our agreement a provision for the management of annual leave. 8. Gender Issues These matters are included in University of New England policy and/or awards. We do not believe that these issues require re-negotiation. The University remains committed to maintaining a family friendly workplace where flexible working arrangements can be made available that will not affect business operations. A statement to this effect is included in our draft proposal under the title of Flexible and Family Working Arrangements 9. Research Funding The University requires clarification regarding this claim with regard to General staff. The University can not agree to this claim. 10. Indigenous Employment Matters associated with encouragement of greater employment of indigenous staff are currently in operation and are part of University of New England policy. We do not believe that these matters belong in the final agreement but welcome discussion. 11. Moral, Intellectual Property Rights and Intellectual Freedom The University does not wish to include such matters as part of an enterprise agreement. 12. Ballot Processes The University can not agree to diminish its rights under the Workplace Relations Act 1996. 13. Voluntary Retirement The University already has a voluntary retirement policy and does not wish to include the policy within an enterprise agreement. 14. Union Rights The University does not wish to include such matters in our enterprise agreement. 15. Encouragement of Union Membership The University does not wish to include such matters in our enterprise agreement. 16. Grievance Procedures The University agrees to consider revising our procedures as discussed in recent EB meetings. 17. Dispute Resolution The University agrees to consider revising our procedures as discussed in recent EB meetings. 18. Reclassifaction The University will not agree to inclusion of reclassification procedures as part of an enterprise agreement. 19. Recruitment, Selection, Promotions and Appeals Procedures The University sees no benefit in including current Recruitment, Selection, Promotions and Appeals Procedures as part of the proposed agreement. The NTEU's claim for Career Development Leave does not appear to be sustainable as written. 20. Other Matters The University also reserves the right to add to, vary or amend items contained in our draft agreement document that was distributed to the CPSU and the GSCG and matters contained in this letter, as necessary, to conclude negotiations for a final agreement. Yours sincerely
Christopher Serow |