Enterprise Bargaining

Heads of Agreement document

A Heads of Agreement document setting out the NTEU and the University’s intentions with regard to a new certified agreement has been signed off by the parties.

The Heads of Agreement records the in-principle agreement reached with the NTEU on 35 key issues that have been the subject of negotiation in 2004, including the agreement reached in December 2004 on salary increases to occur during the life agreement.

We anticipate recommencing negotiations shortly with the aim of agreeing on the final form of an agreement for certification by the AIRC.

Heads of Agreement

1. Australian Workplace Agreements

The parties agree to incorporate a clause enabling the use of AWAs in the final Agreement. The clause is to be in accordance with section 33-15(1)(b) of the Higher Education Support Act 2003 to satisfy the HEWR requirements of the federal government, i.e. “The University may offer AWAs in accordance with the Workplace Relations Act 1996.”

2. Workloads – Academic Staff

The final Agreement will provide for a process and guidelines incorporating the following principles:

quantification of total annual work hours;
proportional distribution of hours between teaching, research and other areas of academic activity;
quantification of total annual work hours and proportional distribution of hours will also be reflected in the academic staff engagement profile;
a process will be established to resolve staff member’s concerns with workload issues;
all departments/centres of the University will be required to develop an academic workload model reflecting these principles.

3. Workloads – General Staff

The Agreement will provide for a workload review committee for general staff. This committee shall consist of two persons nominated by the NTEU and two persons nominated by the University. The Committee will be charged with reviewing identified general staff workload problems at the work unit or occupational category level. Individual disputes over workload will be resolved through the dispute resolution procedures. Implementation of the recommendations flowing from the Committee will occur in a reasonable timeframe.

The Agreement will provide that general staff will not be compelled to work ‘unreasonable overtime’ as defined by the Reasonable Hours Test Case. The overtime provision in the Enterprise Agreement will be amended to include a process for an agreed timeframe for the taking of approved TOIL.

4. Grievance Procedures

The final Agreement will provide for a streamlined and user-friendly grievance resolution process that intends all parties are accorded natural justice. It is intended that this procedure will prevent grievances from becoming entrenched and will, where possible, resolve them in a conciliatory, informal and effective manner without undue delay. Where this is not possible there will be access to a conciliation and/or investigation process.

This process will allow a staff member to consult a trained adviser to assist staff in the resolution of grievances. The role of the advisers will be to act fairly and impartially to provide information and support in confidence to staff members of the University who perceive that they may have a grievance. Staff will be entitled to be represented by the NTEU at all stages of the process.

5. Parental Leave

The final Agreement will provide for Maternity Leave benefits for eligible staff for a maximum period of 14 weeks at full pay followed by a maximum of 38 weeks leave at 60% of full time pay (pro rata payment for part time staff). The right of and requirements for return, partner leave, allied forms of leave, implementation and other details will be negotiated as part of the final Agreement.

The parties agree that with effect from 28 October 2004, a Maternity Leave Policy consistent with the above agreed clause will be operable pending the certification of an agreement containing a final agreed clause. The parties agree that there will be no retrospective operation of this policy.

6. Payment of Salaries

Option for staff member to access his/her individual salary statements via a secure Monash University web site or receive a printed pay advice slip.

7. Performance Management

The final Agreement will include a single clause to apply to all general staff levels, which replaces the current 3-tiered system and based on the current performance management arrangements for HEW levels 5-7.

A focus on staff development including access to training & opportunities for career development will be part of negotiations for a final Agreement.

8. Postgraduate Fellow

Clause to be deleted in its entirety

9. Termination and Discipline Action for Unsatisfactory Performance and Behaviour – General Staff

The parties agree to redraft the existing general staff disciplinary procedures into “plain English”. The redrafted disciplinary process will:

not substantially change the current process;
not remove any existing rights that staff have under the process;
be written in plain English;
set out the process to be followed in a clear way so that it could be readily understood by all staff.

10. Job Security

The parties agree to include in its entirety clause 19 Job Security from the Monash University Enterprise Agreement (Academic & General Staff) 2000, with the exception of subclause 19.5, which will be amended to read: “This clause shall cease to have effect from the nominal expiry date of this agreement, that is, 31 March 2008.”

11. General Staff Classification Linking

The parties agree to introduce an extended linking system for general staff classifications. Consideration will be given to extending the linking process up to HEW level 7. The parties will consult and agree on the levels that are to be available for linking. Included in this discussion will be consideration of allowing a staff member or supervisor to initiate a request for a position to be linked.

The objectives of linking are:

to allow work units to design jobs where staff can use a wider range of skills and exercise a greater level of responsibility than is currently possible within the existing classification structure; and
to provide an avenue for access to a higher classification level, based on staff members developing and using their skills on the job, without having to necessarily leave their present job or work unit; and
to encourage general staff career development to the benefit of both staff and University.

In order to access the higher classification level the following criteria will need to be met:

the competency requirements for progression established for the occupational group and/or work unit are satisfied by the staff member;
the quality of work performed by the staff member is consistent with work required of the higher level and the position description; and
there is work consistently available at the higher level.

Consideration will be given to determining the quantum of work done at the higher level, which the individual is required to carry out prior to moving to the higher level.

Work units must make reasonable efforts to consider jobs for linking. This may require an expansion or restructure of a job and may include:

similar but more complex work;
more responsibility in terms of resources;
more complex work through addition of new duties; and
working with a reduced level of supervision.

The parties will agree on a process for the implementation of this clause as it applies to individual positions. Such a process will also make provision for dispute resolution and would allow staff members to be assisted by the NTEU.

12. General Staff Career Development

The parties are committed to assisting staff to develop satisfying and rewarding careers at Monash University. We recognise that there are many factors that underpin job satisfaction and career development opportunities. Whilst Monash already provides a range of programs, services and support to general staff, the University is firmly committed to continuous improvement in this area.

The parties agree that a Joint Monash University/NTEU Consultative Committee on General Staff Career Development will be established to look into ways to further enhance general staff career development. The Consultative Committee will, as appropriate, make written recommendations to the Director of the Student & Staff Services Division.

Some of the issues for the Committee to consider will include:

the partner ship model of career development;
the role of the performance management system in relation to career development;
career planning and development tools for staff as a whole and for specific groups such as new employees, women, indigenous staff;
national or other relevant accredited training and other learning and development opportunities that may enhance the ability and skill of Monash University general staff;
a range of workplace development options such as mentoring, coaching on-the-job and secondments;
training appropriate to the development of an individual’s role; and
the operation of the proposed linking of classification levels.

The Committee will be convened within three months of the certification of the Agreement.

13. Purpose of Heads of Agreement and Timing of Final Agreement

The parties agree that this Heads of Agreement document includes any and all substantial changes sought and agreed to by the parties to the final Agreement. No further substantial changes will be sought or made to the final Agreement by either party in the drafting process. Any and all changes made in the drafting process will be limited to changes, which arise as a consequence of the changes identified in this Heads of Agreement.

The parties agree that the terms of this Heads of Agreement will be elaborated and incorporated into a final Agreement for certification in the Australian Industrial Relations Commission. This Agreement will be closed and comprehensive and cover the field in respect of all claims and/or issues under the Agreement. It is agreed that there will be no further claims during the nominal life of this Agreement except where permitted by this Agreement. This shall not prevent disputes or grievances being raised utilizing the procedures provided for in this Agreement.

The parties aim to conclude negotiations on a final Agreement as soon as practicable and note that intensive work will be required by all parties to meet this aim.

14. On-Line Teaching and Learning

The University undertakes to develop a policy on on-line teaching which will include a provision that sessional academic staff members should not have sole academic responsibility for the development of an on-line teaching course.

15. Study Leave

To be inserted in the General Staff Career Progression clause .

Staff holding appointments of 0.5 fraction or more are eligible to apply for up to 4 hours per week during work hours to attend approved courses of study, including examinations. For the purposes of approval of study leave the Dean/Divisional Director or delegate must consider the course of study to be of relevance and benefit to the department/University as well as the staff member.

16. Working Offshore

The University undertakes to develop an offshore work policy that addresses the following:

reasonable right to refuse off-shore work;
communication with immediate family;
work-related travel;
right to direct staff to return to Australia, where the University forms the view that it is unsafe for the staff member to remain offshore;
casual staff would not be expected to work offshore.

17. Occupational Welfare

The Occupational Welfare clause will be amended to ensure the processes enable a staff member to get the appropriate assistance.

18. General Staff Classification

The parties agree to adopt the HEW descriptors as amended in the HEGSS Award variation decision.

The University will endeavor to ensure that staff have access to training, on a demonstrated needs basis, in PD writing and this may involve a variety of modes of training.

The parties agree that with a devolved classification system there is a need for consistency of evaluation. Accordingly, the University will undertake an audit of Faculty/Division Based Classification Committee outcomes. The results of this audit and other relevant issues (e.g. the relationship between the PD and the Proposal Form) will be discussed with the NTEU on a confidential basis with a view to refining the process.

The parties agree that in regard to the future operation of the general staff classification procedure, where the content of an initial PD or proposal form that would form the basis of the classification remains disputed after 2 months, these matters will be resolved in accordance with the grievance procedure. For the purpose of determining the effective date of any successful outcome, if a disputed initial PD or proposal form is not resolved at the conclusion of two months, the date of effect will be no later than the conclusion of the two month period.

19. Workplace Bullying

The parties agree to incorporate a clause that states that the University will have a Workplace Bullying policy and that the policy will define workplace bullying; that workplace bullying is unacceptable behaviour and acknowledge the University’s commitment to the provision of information and training and to manage any incidents of workplace bullying in a fair and timely manner. The clause in the final Agreement will require the Workplace Bullying policy to include the following definition of workplace bullying, with the proviso that this definition may be varied by the University’s Occupational Health and Safety Policy Committee during the life of the certified Agreement.

Workplace Bullying Definition:

Bullying is defined as repeated unreasonable behaviour directed towards an employee or student, or a group of employees or group of students, that creates a risk to health and safety.

Bullying does not include any legitimate or reasonable use of performance management processes, disciplinary action, allocation of work in compliance with systems, implementation of organizational change or downsizing, action taken to transfer or redeploy a staff member or a decision not to promote or reclassify a staff member.

20. Intercampus Work, Travel and Transfers

The final Agreement will provide a consolidated clause that sets out the rights and requirements of staff in relation to intercampus work, travel and transfers. This will incorporate the existing provisions. Recognition will also be given that where travel between campuses is required, a planned, consultative approach will be adopted to avoid undue hardship, unreasonable requirements or disruption to University staff.

21. Indigenous Employment

The final Agreement will include provisions that assist in the implementation of the University’s Indigenous Employment Strategy, including the appointment of an Advanced Indigenous Employment Adviser and a commitment that the University will actively seek to secure the appointment of at least 10 Indigenous Australian staff per year.

22. Family Friendly Workplaces

The parties agree to recognise same sex relationships throughout the final Agreement where appropriate.

23. Employment – Research Staff

The parties agree to recognise appropriate prior service of research only staff with a previous employer for the purpose of determining access to entitlements and terms and conditions of employment that would otherwise be available to continuing staff.

24. Intellectual Freedom

The University proposes the following clause for incorporation into an intent clause in a final Agreement:

“Without derogating from or limiting the employment obligations of staff, including the obligations to comply with reasonable and lawful requests, the University encourages staff to contribute to public debate and advocacy in areas of expertise and in more general areas relating to social justice, human rights, education and a sustainable environment.”

25. Intellectual Property

The final Agreement will provide for a Committee, incorporating NTEU representation, to review the University’s Intellectual Property Statute and associated regulations and policies. The review will include consideration of the moral and intellectual property rights including economic rights (if applicable) of staff employed in research, teaching or related activities, including the production of on-line teaching and learning materials.

26. Performance Based Contracts

The parties agree to amend the provision for performance based contracts to be offered if the contract involves an offer of employment to:

General staff level HEW 10 who receive salary and cash equivalent loadings of $102,024 or more per annum (indexed in accordance with salary increases paid over the nominal life of the Agreement); or
Academic staff Level E who receive salary and cash equivalent loadings of $124,696 or more per annum (indexed in accordance with salary increases paid over the nominal life of the Agreement).

All existing performance based contracts will remain operative.

27. Redundancy – General Staff

In the interests of equity of conditions for all general staff the parties agree to delete the existing schedule 4 – Redundancy – General Staff Members (Former PACCT Award).

28. Length of Final Agreement

The final Agreement will operate from the date of certification until no later than 31 March 2008.

29. Superannuation

The University proposes the following clause for incorporation into a final Agreement:

29.1 The University will maintain, for existing staff, the current employer contributions and arrangements for superannuation that are in effect as of the date of certification of this Agreement, including UniSuper as the required recipient fund.

- For new staff employed during the life of this Agreement, the University will provide the same superannuation contributions and arrangements as are currently provided to existing staff, as stated in sub-clause 2.1.

30. Allowances

The University is prepared to revise allowances as per the following:

Vehicle allowance as per Australian Taxation Office guidelines as at 1 July each year.
Accommodation allowances as per the Australian Tax Office guidelines.
On-call and call-back allowances and conditions as per the Information Technology Services Guidelines will be introduced for the nominal life of this Agreement.

31. Managing Change

The final Agreement will include the following addition to the existing clause 17.2.

“The significant and substantial change will include, but not be limited to, outsourcing or contracting out and changes to university employment policies that have a significant and substantial impact on staff terms and conditions of employment.”

32. Employment – Research Staff

32.1 The university commits to establish within 6 months of the certification of the Agreement a committee to review employment issues relating to research staff. Such a review will be chaired by the Deputy Vice-Chancellor (Research) and will include NTEU representation.

32.2 The final Agreement will specify that a research only academic staff member who has a break in service of not greater than 3 months shall be considered to have served continuously for the purposes of determining eligibility for long service leave. Such breaks in service will not count towards accrual of additional entitlements.

32.3 The final Agreement will include a clause providing for employer superannuation contributions at 17% for designated research only staff wholly funded by research grants after 12 months continuous service. The implementation of this clause will be in accordance with the policy on superannuation in the staff handbook and deed of covenant with the exception that the 24 month requirement will be reduced to 12 months.

33. Casual Employment

The parties agree that over the life of the Agreement the total full-time equivalent number of academic sessional staff of the University will reduce as a proportion of the total full-time equivalent number of academic staff employed by the University.

The parties agree to a target reduction of an average 5% of the above proportion but this target will allow for normal seasonal fluctuations. The bench-mark date for these purposes is the date of execution of this Heads of Agreement.

The final Agreement will also provide an increase in the casual staff loading to 23%. The University will also provide casual and sessional staff with the facilities and resources appropriate for the fulfillment of their duties.

The Agreement will incorporate improved provisions for casual staff as per the agreement reached by the parties in relation to the NTEU claim in C no’s 2002/4410 to 4425, 4428 to 4433, and 4990 to 4998.

34. Salaries

The parties agree to a 24.5% salary increase to be paid in 9 instalments. Base salary rates will be increased during the life of the Agreement in accordance with the following schedule:

2% – first full pay period to commence on or after 1 March 2004 (already paid administratively – to be absorbed)
2% – first full pay period to commence on or after 1 September 2004 (already paid administratively – to be absorbed)
1.5% – first full pay period to commence on or after 31 December 2004 (to be paid administratively – to be absorbed)
3.5% – first full pay period to commence on or after 1 September 2005
3% – first full pay period to commence on or after 31 March 2006
3.5% – first full pay period to commence on or after 30 June 2006
3% – first full pay period to commence on or after 31 March 2007
3% – first full pay period to commence on or after 30 September 2007
3% – first full pay period to commence on or after 31 March 2008

35. Coverage of Final Agreement

The parties agree that the final Agreement will cover staff members to be defined as academic or general staff however employed by the University in Australia with the exception of the following staff member/s:

those appointed as Vice-Chancellor, Deputy Vice-Chancellor, two Vice-Presidents and successor positions;
those employed as defined trades and services staff

Monash University staff who are subject to the management and direction of Monyx Education Services Pty Ltd, including those employed in and about the Churchill Campus and Monash Leisure Centre, will be excluded from this agreement 12 months after the nominal expiry date of this agreement and/or following the certification of an enterprise agreement between Monyx Education Services Pty Ltd and the NTEU which specifically covers those staff, whichever is the earlier .”

The parties agree to include a facilitative provision in the final Agreement for the possible transfer of selected miscellaneous trades and services staff to general staff coverage .

Signed: …………………………….	Signed: …………………………….
Date: …………………………….	Date: …………………………….
Dr Carol Williams	Professor Alan Lindsay
President, Monash NTEU Branch	Deputy Vice-Chancellor, Academic

Signed: …………………………….	Signed: …………………………….
Date: …………………………….	Date: …………………………….
Mr Matthew McGowan	Mr Peter Marshall
Secretary, Victorian Division NTEU	Divisional Director, Student & Staff Services

Signed: …………………………….
Date: …………………………….
Mr Grahame McCulloch
General Secretary, NTEU

This entry was posted on Tuesday, February 8th, 2005 at 11:26 pm and is filed under Academic & Professional staff, News. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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