1
Fair Work Act 2009
s.185—Enterprise agreement
Murdoch University
(AG2024/558)
MURDOCH UNIVERSITY ENTERPRISE AGREEMENT 2023
Educational services
DEPUTY PRESIDENT O’NEILL MELBOURNE, 22 MARCH 2024
Application for approval of the Murdoch University Enterprise Agreement 2023
[1] An application has been made for approval of an enterprise agreement known as the
Murdoch University Enterprise Agreement 2023 (the Agreement). The application was made
pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murdoch University.
The Agreement is a single enterprise agreement. The Agreement covers two employers, the
second being Innovative Chiropractic Learning Pty Ltd. The employers are single interest
employers within the meaning of s.172(5)(b) of the Act.
[2] The Applicant has only filed one form F17 on behalf of the employers. However, noting
that they are single interest employers, I dispense with compliance with rule 24(1) in accordance
with rule 6.
[3] The Applicant has provided written undertakings. A copy of the undertakings is attached
in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any
employee covered by the Agreement and that the undertakings will not result in substantial
changes to the Agreement. The undertakings are taken to be a term of the agreement.
[4] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[5] The National Tertiary Education Industry Union (NTEU) being a bargaining
representative for the Agreement, has given notice under s.183 of the Act that it wants the
Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the
organisation. The NTEU supports approval of the Agreement.
[2024] FWCA 1036
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2024] FWCA 1036
2
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
29 March 2024. The nominal expiry date of the Agreement is 31 July 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE523927 PR772663
THE FAIR WORK 0 MISSION THE SEAI
[2024] FWCA 1036
3
Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter No.
AG2024/558
Applicants:
Murdoch University
Innovative Chiropractic Leaming Pty Ltd
Section 185 - Application for approval of a single enterprise agreement
Undertaking -Section 190
I, Professor Andrew Deeks, Vice Chancellor, have the authority given to me by Murdoch
University and Innovative Chiropractic Learning Pty Ltd trading as Murdoch University
Chiropractic Clinic (ICL) to give the following undertakings with respect to the Murdoch
University Enterprise Agreement 2023 (Agreement):
1. Clause 5 - Definition of Seven Day Shift Worker
The University undertakes that a Seven Day Shift Worker as defined in clause 5 is a shift
worker for the purposes of the NES.
2. Clause 22.3 - Annual leave
ICL undertakes that, if an employee of ICL is regularly rostered to work their ordinary hours
outside 7.30 am - 9.00 pm Monday to Friday and/or 8.00 am - 4.30 pm Saturday, they are a
shift worker for the purposes of the NES and entitled to accrue an additional week of annual
leave while so rostered.
3. Clause 22.13 - Direction to Take Excess Leave
The University and ICL undertake that:
(a) the reference in paragraph 22.13(b) to ' thirty (30) days' shall be replaced with 'eight
weeks or ten weeks for a Seven Day Shift worker'; and
(b) the reference in paragraph 22.13(c) to 'four (4) weeks (or 20 days)' shall be
replaced with 'six weeks'.
4. Schedule 5 (Murdoch Active) Overtime
(a) The University undertakes to pay Murdoch Active Employees overtime at the
prescribed rates as per Schedule 5 for work performed in excess of 37.5 hours per
week or an average of 37.5 hours per week over a four week period (where such
averaging of hours has been agreed with the Employee).
3453-0197-4571, V. 1
IN THE FAIR WORK COMMISSION FWC Matter No. AG2024/558 Applicants: Murdoch University Innovative Chiropractic Learning Pty Ltd Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Professor Andrew Deeks, Vice Chancellor, have the authority given to me by Murdoch University and Innovative Chiropractic Learning Pty Ltd trading as Murdoch University Chiropractic Clinic (ICL) to give the following undertakings with respect to the Murdoch University Enterprise Agreement 2023 (Agreement): Clause 5 - Definition of Seven Day Shift Worker The University undertakes that a Seven Day Shift Worker as defined in clause 5 is a shift worker for the purposes of the NES. 2. Clause 22.3 - Annual leave ICL undertakes that, if an employee of ICL is regularly rostered to work their ordinary hours outside 7.30 am - 9.00 pm Monday to Friday and/or 8.00 am - 4.30 pm Saturday, they are a shift worker for the purposes of the NES and entitled to accrue an additional week of annual leave while so rostered. 3. Clause 22.13 - Direction to Take Excess Leave The University and ICL undertake that: (a) the reference in paragraph 22.13(b) to 'thirty (30) days' shall be replaced with 'eight weeks or ten weeks for a Seven Day Shift worker'; and (b) the reference in paragraph 22.13(c) to 'four (4) weeks (or 20 days)' shall be replaced with 'six weeks'. 4. Schedule 5 (Murdoch Active) Overtime (a) The University undertakes to pay Murdoch Active Employees overtime at the prescribed rates as per Schedule 5 for work performed in excess of 37.5 hours per week or an average of 37.5 hours per week over a four week period (where such averaging of hours has been agreed with the Employee). 3453-0197-4571. v. 1
[2024] FWCA 1036
4
(b) The University undertakes that, if a Part-time Employee in Murdoch Active works in
excess of their agreed hours of work, the University will review the payments
received by the Employee for the relevant pay period and, if the Employee has
been paid less than the amount they would have received under the Fitness
Industry Award 2020, had they been paid at the applicable Award rate for those
hours, the University will make a payment to the Employee so that they are no
worse off.
5. Schedule 6 (ICL) Overtime
(a) ICL undertakes to pay ICL Employees overtime at the prescribed rates as per
Schedule 6 for work performed in excess of 37 .5 hours per week or an average of
37.5 hours per week over a four week period (where such averaging of hours has
been agreed with the Employee).
(b) ICL undertakes that, if a Part-time Employee in ICL works in excess of their agreed
hours of work, ICL will review the payments received by the Employee for the relevant
pay period and, if the Employee has been paid less than the amount they would have
received under the Health Professionals and Support SeNices Award 2020, had they
been paid at the applicable Award rate for those hours, ICL will make a payment to
the Employee so that they are no worse off.
6. Clause 13.5(c) TOIL
The University undertakes that when accrued TOIL is paid out for any reason, it will be paid
at the applicable overtime rate/s.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
atru
Signature
Professor Andrew J Deeks
19 March 2024
Date
3453-0197-4571, V. 1
(b) The University undertakes that, if a Part-time Employee in Murdoch Active works in excess of their agreed hours of work, the University will review the payments received by the Employee for the relevant pay period and, if the Employee has been paid less than the amount they would have received under the Fitness Industry Award 2020, had they been paid at the applicable Award rate for those hours, the University will make a payment to the Employee so that they are no worse off. 5. Schedule 6 (ICL) Overtime (a) ICL undertakes to pay ICL Employees overtime at the prescribed rates as per Schedule 6 for work performed in excess of 37.5 hours per week or an average of 37.5 hours per week over a four week period (where such averaging of hours has been agreed with the Employee) (b) ICL undertakes that, if a Part-time Employee in ICL works in excess of their agreed hours of work, ICL will review the payments received by the Employee for the relevant pay period and, if the Employee has been paid less than the amount they would have received under the Health Professionals and Support Services Award 2020, had they been paid at the applicable Award rate for those hours, ICL will make a payment to the Employee so that they are no worse off. 6 Clause 13.5(c) TOIL The University undertakes that when accrued TOIL is paid out for any reason, it will be paid at the applicable overtime rate/s. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature Professor Andrew J Deeks 19 March 2024 Date 3453-0197-4571. V. 1
Murdoch University
Enterprise Agreement 2023 1 | P a g e
Note - this agreement is to be read together with an undertaking given by the
employer. The undertaking is taken to be a term of the agreement. A copy of it
can be found at the end of the agreement.
Murdoch
University
MU
Murdoch University
Note - this agreement is to be read together with an undertaking given by the employer. The undertaking is taken to be a term of the agreement. A copy of it can be found at the end of the agreement.
Murdoch University Enterprise Agreement 2023 2 | P a g e
Murdoch University Enterprise
Agreement 2023
Contents Page
Contents Page ........................................................................................................................................................ 2
1 Agreement Title ................................................................................................................................................. 4
2 Parties to the Agreement................................................................................................................................... 4
3 Term of the Agreement ..................................................................................................................................... 4
4 Stand-alone Agreement, Natural Justice and Procedural Fairness ..................................................................... 4
5 Definitions ......................................................................................................................................................... 5
6 Aboriginal and Torres Strait Islander Employment ............................................................................................ 7
7 Types of Employment ........................................................................................................................................ 8
8 Fixed Term Employment .................................................................................................................................... 8
9 Casuals (Professional Employees) .................................................................................................................... 11
10 Probation (Professional Employees) ................................................................................................................ 11
11 Hours of Work (Professional Employees) ......................................................................................................... 12
12 Shift Work (Professional Employees) ............................................................................................................... 13
13 Overtime (Professional Employees) ................................................................................................................. 15
14 Academic Matters (Academic Employees) ....................................................................................................... 16
15 Duties, Training & Development ...................................................................................................................... 21
16 Remuneration.................................................................................................................................................. 22
17 Classification.................................................................................................................................................... 23
18 Superannuation ............................................................................................................................................... 24
19 Salary Packaging .............................................................................................................................................. 25
20 Supported Wage Employees, Trainees & Apprentices ..................................................................................... 25
21 Allowances ...................................................................................................................................................... 25
22 Annual Leave ................................................................................................................................................... 30
23 Personal Leave ................................................................................................................................................. 32
24 Family and Domestic Violence Leave ............................................................................................................... 33
25 Compassionate Leave ...................................................................................................................................... 33
26 Public Holidays & Limited Service Period ......................................................................................................... 34
Ngala kwop biddi. Building a brighter future, together.
Murdoch University Enterprise Agreement 2023 3 | P a g e
27 Long Service Leave ........................................................................................................................................... 35
28 Parental Leave ................................................................................................................................................. 36
29 Other Leave ..................................................................................................................................................... 39
30 Termination of Employment ............................................................................................................................ 42
31 Redeployment and Redundancy ...................................................................................................................... 43
32 Misconduct / Serious Misconduct .................................................................................................................... 45
33 Unsatisfactory Performance ............................................................................................................................ 47
34 Dispute Resolution Procedure ......................................................................................................................... 49
35 Individual Flexibility Agreement ...................................................................................................................... 50
36 Consultation .................................................................................................................................................... 51
37 Union Matters ................................................................................................................................................. 53
38 Outsourcing ..................................................................................................................................................... 55
39 Grievance Procedure ....................................................................................................................................... 55
Schedule 1 – Annual Base Salary (Professional Employees) .................................................................................. 57
Schedule 2 – Annual Base Salary (Academic Employees) ...................................................................................... 59
Schedule 3 – Academic Employee Classification Descriptors ................................................................................ 67
Schedule 4 – Professional Employee Classification Descriptors ............................................................................ 70
Schedule 5 – Murdoch Active ............................................................................................................................... 86
Schedule 6 – Innovative Chiropractic Limited (ICL) ............................................................................................... 88
Schedule 7 – The Animal Hospital at Murdoch University (TAHMU) ..................................................................... 90
Signatories ........................................................................................................................................................... 91
Murdoch University Enterprise Agreement 2023 4 | P a g e
1 Agreement Title
This Agreement is called the Murdoch University Enterprise Agreement 2023 (Agreement).
2 Parties to the Agreement
2.1 This Agreement covers:
a) Murdoch University (ABN 61 616 369 313);
b) Employees of the University who are engaged in positions set out in Schedule 1,
Schedule 2, Schedule 3 or Schedule 4 including employees engaged in Murdoch Active;
c) Innovative Chiropractic Learning Pty Ltd trading as Murdoch University
Chiropractic Clinic (ICL) (ABN 58 107 431 050);
d) Employees of ICL; and
e) The National Tertiary Education Union (NTEU), subject to section 201(2) of the Fair
Work Act being met.
2.2 The Agreement does not cover:
a) The Vice Chancellor;
b) All members of the Senior Leadership Team (including but not limited to, the
Chief People Officer, Chief Financial Officer, Chief Experience Officer and Deputy
Vice Chancellors) and Professional Staff Directors (or equivalent) who are
employed above the classifications set out in this Agreement;
c) University Employees classified in levels above the classifications set out in this
Agreement;
d) Employees engaged in the University's commercial activities in childcare,
hospitality, retail, theatres, cinemas, or any other operation not primarily
involving teaching and research or directly supporting teaching and research.
3 Term of the Agreement
3.1 This Agreement will operate seven (7) days from the date it is approved by the Fair Work
Commission (Commencement Date). This Agreement will have a nominal expiry date of 31
July 2026, unless this is varied by agreement and in accordance with the Fair Work Act.
3.2 The parties will endeavour to commence negotiations for a replacement agreement by
no later than the nominal expiry date of this Agreement, unless otherwise agreed.
4 Stand-alone Agreement, Natural Justice and Procedural Fairness
4.1 This Agreement operates to the exclusion of any modern award or other
industrial instrument, with the exception of Clause 11 – Fixed Term Contracts
which incorporates specific provisions of the Higher Education Academic Staff
Award (2020) and the Higher Education General Staff Award (2020).
Murdoch University Enterprise Agreement 2023 5 | P a g e
4.2 This Agreement replaces the Murdoch University Enterprise Agreement 2018.
4.3 University policy, procedures or guidelines referred to in this Agreement do not form part
of this Agreement.
4.4 Where there is inconsistency between the Agreement and the National Employment
Standards (NES) and the NES provides a greater benefit, the NES provision will apply to
the extent of the inconsistency.
4.5 The Agreement will be implemented in accordance with the principles of natural justice
and procedural fairness.
4.6 Right to disconnect
a) Employees will have a right to disconnect from work outside their agreed working hours,
unless the Employee is in receipt of an availability or on-call allowance and, except for
emergencies and critical incidents.
b) The right to disconnect in no way implies a fixed span of hours for Academic Employees
or a constraint for academic flexibility.
5 Definitions
The following definitions will apply throughout this Agreement:
Academic Employee means an Employee appointed to a position at classifications listed in Schedule 3.
Base Hourly Rate is the hourly rate of pay for ordinary hours of work excluding allowances, penalties,
loadings and overtime. The base hourly rate is calculated by dividing the annual base salary listed in
Schedule 1 or 2 by 26.0833 and then dividing by 75.
Consultation means conferring between the University and the affected Employee(s) and their
representative in such a way that the participants have the opportunity to contribute to and influence the
decision.
Employee means an Academic Employee or a Professional Employee, as defined in this Agreement.
Employee Couple means two Employees of the University who are each the spouse, de-facto or same sex
partner of the other.
Employer means the University and ICL except where the context makes it clear that ‘employer’ is
referring to either the University or ICL.
External Funding means identifiable funding external to the University, but not funding that is part of an
operating grant from government, or funding comprised of payment of fees made by or on behalf of
students.
Fair Work Act means the Fair Work Act 2009 (Cth) as amended.
First Nations means Employees who identify as Aboriginal and Torres Strait Islander Peoples.
FTE means full time equivalent.
Immediate Family means:
i) A spouse, de facto partner including same sex partner, child, parent, grandparent,
Murdoch University Enterprise Agreement 2023 6 | P a g e
grandchild or sibling of the Employee; or
ii) A child, parent, grandparent, grandchild or sibling of the Employee’s spouse or de facto
partner including same sex partner; and
iii) With regard to Aboriginal and Torres Strait Islander Employees and for the purposes of
personal leave, ‘family’ includes an equivalent kinship relationship.
‘In writing’ when used in the context of the Agreement will include email and SMS (text)
correspondence.
Limited Service Period means the holiday period surrounding December and January each year when the
University only offers a limited amount of its services.
NES means the National Employment Standards set out in the Fair Work Act, as amended.
Perinatal Death means the death of a foetus of twenty-two (22) or more weeks of gestation; or the death
of an infant within twenty-eight (28) days of birth.
Partner means a person who is a spouse, de facto or same sex partner of a primary care giver.
Primary caregiver means a person who assumes the principal role of providing care and attention to the
child.
Professional Employee means an Employee, who is not an Academic Employee and who is appointed to a
classification listed in Schedule 4.
Research Code means the Australian Code for the Responsible Conduct of Research.
Research Studies Program (RSP) means a program of research or scholarly activity or professional
development undertaken during a period when an Employee is relieved of other University duties.
Seven (7) day shift worker means:
i) A Professional Employee who works over seven (7) days of the week and is regularly
rostered to work on Sundays and public holidays on shifts which are continuously
rostered twenty-four (24) hours a day seven days a week; or
ii) an Employee who has been receiving an additional week of annual leave immediately prior
to the commencement of the 2018 Agreement and continues to be engaged on shift work.
Suitable alternative employment means a position as an Employee of the University:
i) that has employment conditions comparable to that of the Employee’s substantive
position; and
i) that requires similar experience, qualifications and skills including where a reasonable
level of retraining provided by the University may be required; and
ii) where the ordinary hours of duty and pattern of hours are reasonably similar to those
worked by the Employee in the redundant position; and
iii) which is within a reasonable commuting distance of the Employee’s current place of
work; and
iv) in the case of an Academic Employee:
A. is consistent with their career experience or specialisation; and
Murdoch University Enterprise Agreement 2023 7 | P a g e
B. has a salary not less than their current position.
v) in circumstances where there is a transfer of business, as defined by the Fair Work Act, and
an Employee is offered and accepts alternative employment as defined by the Fair Work Act
with the new employer.
University means Murdoch University (ABN 61 616 369 313) and Innovative Chiropractic Learning Pty Ltd
trading as Murdoch University Chiropractic Clinic (ABN 58 107 431 050).
2018 Agreement means the Murdoch University Enterprise Agreement 2018.
6 Aboriginal and Torres Strait Islander Employment
6.1 The University acknowledges that its campuses are situated on Nyungar Boodjar. The
University respects and acknowledges the traditional and continuing spiritual
relationship, cultural heritage practices and beliefs that form Kura, Yeye, Boorda (the
past, present and future). The University will:
a) Respect and acknowledge the Traditional Owners of the land on which the
University campuses are situated;
b) Respect and protect the rights of its and Aboriginal and Torres Strait Islander
students and staff; and
c) Promote a fair and inclusive educational and work environment for Aboriginal and
Torres Strait Islander Employees and students.
6.2 The University recognises the importance of First Nations Employees participating in
cultural or ceremonial business. The University, in consultation with Aboriginal and Torres
Strait Islander staff and students, has developed and approved a Reconciliation Action Plan
(RAP).
6.3 Consistent with the principles set out in the RAP, the University will:
a) Promote knowledge of the histories and cultures of Aboriginal and Torres Strait
Islander peoples at the University; and
b) Promote and develop career pathways for Aboriginal and Torres Strait Islander
persons.
6.4 The University Senate monitors the implementation of the RAP. The RAP does not form
part of this Agreement.
6.5 Increase employment of First Nations employees across the University to 3% of full-time
equivalent staff (FTE) by the nominal expiry date of the Agreement, this being 35 FTE staff
based on 2022 Department of Education employment data.
6.6 Failure to achieve the objective set out in Clause 6.5 will not be regarded as a breach of the
Agreement provided that the University has demonstrated reasonable endeavours to meet
the objective.
Murdoch University Enterprise Agreement 2023 8 | P a g e
7 Types of Employment
The University may choose to employ Full time and Part time Employees (on a continuous ongoing basis
or Fixed term basis) and Casual Employees in accordance with the provisions of this clause.
7.1 A Full time Employee will work:
a) For Academic Employees, an average of 37.5 hours per week; and
b) For Professional Employees, ordinary hours as determined under clause 11 – Hours
of Work.
7.2 A Part time Employee:
a) will work less than 37.5 hours per week;
b) will work a regular pattern of hours as determined by the University and advised to
the Employee on commencement. These hours can be varied by agreement from
time to time;
c) who is a Professional Employee will work ordinary hours as determined under clause
11 – Hours of Work; and
d) will receive, on a pro rata basis, the same conditions as a Full time Employee unless
otherwise specified in the Agreement.
7.3 A Casual Employee will be engaged and paid by the hour.
a) Casual Professional Employees will be paid the applicable Base Hourly Rate in
accordance with the classification in Schedule 1 plus a 25% loading in accordance
with clause 9.
b) Casual Academic Employees will be paid the applicable casual hourly rates listed in
Schedule 2 of this Agreement. These rates are inclusive of a 25% casual loading.
c) Casual Employees are not entitled to redundancy pay, or any paid or unpaid leave
entitlements unless expressly provided by this Agreement or as required by relevant
legislation.
7.4 A Fixed term Employee will be engaged in either a full time or a part time capacity in
accordance with Clause 8 of this Agreement.
8 Fixed Term Employment
8.1 Fixed Term Employment means full or part time employment for a specified term or
ascertainable period, for which the instrument of engagement will specify the starting and
finishing dates of that employment (or instead of a finishing date, will specify the
circumstance(s) or contingency relating to a specific task or project, upon the occurrence
of which the term of the employment will expire).
8.2 The Use of Fixed Term Employment
a) For the purposes of Fixed Term contracts under this Agreement, the terms of Clause
11 of the Higher Education Industry Academic Staff Award 2020 and the terms of
clause 11 of the Higher Education Industry General Staff Award 2020 will apply, as
Murdoch University Enterprise Agreement 2023 9 | P a g e
follows.
b) The use of Fixed Term Employment must be limited to the employment of an Employee
engaged on a work activity that comes within the description of one or more of the
following circumstances:
(i) Specific Task or Project: means a definable work activity which has a
starting time and which is expected to be completed within an anticipated
timeframe. Without limiting the generality of that circumstance, it will also
include a period of employment provided for from identifiable funding
external to the employer, not being funding that is part of an operating
grant from government or funding comprised of payments of fees made by
or on behalf of students.
(ii) Research: means the Employee is engaged to perform research only
functions for a contract period not exceeding five (5) years;
(iii) Replacement Employee: the Employee is engaged as a replacement
employee either:
a) Undertaking work replacing a full-time or part-time employee for
a definable period for which the replaced employee is either on
authorised leave of absence or is temporarily seconded away
from their usual work area, or performing the duties of:
i. a vacant position for which the University has made a
definite decision to fill and has commenced recruitment
action; or
ii. a position the normal occupant of which is performing
higher duties pending the outcome of recruitment action
initiated by the University and in progress for the higher
duties position;
until a full time or part time Employee is engaged for the vacant
position, or vacant higher duties position, as applicable.
(iv) Recent Professional Practice Required: where a curriculum in
professional or vocational education requires that work be undertaken
by a person to be engaged who has recent practical or commercial
experience, the person may be engaged for a fixed period not exceeding
two (2) years;
(v) Pre-Retirement Contract: where a full-time or a part-time Employee
declares that it is their intention to retire, a Fixed term contract expiring
on or around the relevant retirement date may be adopted as the
appropriate type of employment for a period of up to five (5) years;
(vi) Fixed-Term Contract Subsidiary to Studentship: where an Employee is
enrolled as a student, they may be employed on a Fixed term contract if
it is the appropriate employment type and is work within the student’s
academic unit or an associated research unit of that academic unit and
is work generally related to a degree course that the student is
undertaking within the academic unit provided that:
a) a Fixed term contract employment will be for a period that does
not extend beyond, or that expires at the end of, the academic
year in which the person ceases to be a student, including any
Murdoch University Enterprise Agreement 2023 10 | P a g e
period that the person is not enrolled as a student but is still
completing postgraduate work or is awaiting results; and
b) an offer of Fixed term employment under Clause 8 must not be
made on the condition that the person offered the employment
undertake the studentship.
8.3 The University must inform a Fixed term Employee no less than four (4) weeks prior to their
end date of their Fixed term contract whether the University intends to:
a) continue the position; or
b) not renew their fixed term contract.
8.4 Where the University has made a decision to continue the position of a current Fixed term
Employee on a fixed term or continuing basis with the same or substantially similar duties,
the Employee will be offered further employment in that position.
8.5 Severance Pay
a) A Fixed term Employee employed on a contract for:
(i) a specific task or project (as per Clause 8.2.b (i); or
(ii) a research only function (as per Clause 8.2.b (ii);
who has not secured employment with the University at the expiry of their contract because,
following their second or subsequent Fixed term contract, the same or substantially similar
duties are not required by the University, will be entitled to receive the following amount of
severance pay on termination of employment:
Period of continuous service Severance pay
More than 1 but not more than 2 years 4 weeks
More than 2 but not more than 3 years 6 weeks
More than 3 but not more than 4 years 7 weeks
More than 4 years 8 weeks
b) Where the University offers, and an Employee does not accept, suitable alternative
employment, the severance pay in clause 8.5(v) will not be paid, subject to the requirements
of the Fair Work Act.
c) Where the University advises an Employee in writing that further employment may be offered
within six (6) weeks of the expiry of a period of eligible fixed term employment, then the
University may defer payment of severance benefits in this clause for a maximum period of
four (4) weeks from the expiry of the period of Fixed term employment.
d) Where a Fixed term Employee upon termination of their employment is identified as being
eligible for redundancy pay under the Fair Work Act, the greater amount of either the
severance pay under this clause, or redundancy pay under the Fair Work Act will apply.
e) For the avoidance of doubt, where a severance payment has been erroneously applied to an
Employee who is eligible for redundancy pay, the amount of severance pay provided will be
offset against the entitlement to redundancy pay.
Murdoch University Enterprise Agreement 2023 11 | P a g e
9 Casuals (Professional Employees)
9.1 Application of Casual Loading on Penalty Rates
a) Where a shift, overtime, or public holiday penalty in this Agreement is applicable to a
Casual Professional Employee, the penalties will be applied in the following manner:
(Base hourly rate of pay x Penalty) + (25% of the base hourly rate of pay)
9.2 Minimum Engagement
The minimum period of engagement for a Casual Professional Employee will be as follows:
a) Employees who are students (including postgraduate students) who are expected to
attend the University on that day in their capacity as students will have a minimum
engagement period of one (1) hour;
b) Employees with a primary occupation with the University or another campus-based
entity have a minimum period of engagement of one hour; and
c) all other Casual Employees must have a minimum period of engagement of three (3)
hours.
9.3 Conversion
a) Casual Professional Employees may apply in writing for conversion to other
employment types in accordance with this clause.
b) To be eligible to apply for conversion, a Casual Professional Employee must be
employed:
(i) with the University for a period of at least twelve months; and
(ii) on a regular and systematic basis in a substantially similar position over the
immediately preceding period of six (6) months.
Such conversion will not unreasonably be withheld.
10 Probation (Professional Employees)
10.1 Professional Employees’ employment (other than Casual Professional Employees and
Academic Employees) will be subject to a probationary period of up to six (6) months from
the date of their commencement with the University.
10.2 Periods of unpaid or unauthorised leave will extend the probationary period by the
relevant amount of leave taken.
10.3 At any time during the probationary period, the University may elect to terminate the
Professional Employee’s employment with the required written notice in Clause 30 –
Termination of Employment.
10.4 Fixed term Professional Employees on second or subsequent fixed term contracts with
the University will not be subject to a further probationary period.
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10.5 If termination of employment is proposed during probation, evidence-based reasons will
be provided to the Employee within a reasonable timeframe prior to the proposed
termination and will be consistent with reasonable and properly communicated
probationary goals and expected outcomes.
10.6 This does not include matters relating to conduct, which will be addressed in accordance
with Clause 32, nor where a new matter arises within the four-week period preceding
the end of the probation period.
11 Hours of Work (Professional Employees)
11.1 Ordinary Hours
a) Professional Employees’ ordinary hours of work are 37.5 hours per week. Where
the University and the Employee agree, these hours may be averaged and worked
over a four-week cycle.
b) Full time Professional Employees normally work no less than 7.5 ordinary hours in
any one day, unless otherwise agreed.
c) Ordinary hours are to be worked between the span of hours of Monday to Friday,
6:00am to 8:30pm.
d) The span of ordinary hours may be increased by up to one (1) hour either side of
the above span of hours where there is agreement with the University and the
majority of Professional Employees within a work area, or by an individual
Professional Employee.
11.2 Meal Breaks
a) Professional Employees are entitled to the following breaks:
(i) Unpaid meal break between thirty (30) minutes and sixty (60) minutes for
work shifts greater than five (5) hours. The break will be taken close to the
middle of the working day or as agreed.
(ii) Paid tea breaks of up to ten (10) minutes will be available for morning
and afternoon tea.
(iii) Professional Employees working overtime must have an unpaid meal
break of between thirty (30) minutes and sixty (60) minutes after each
five (5) hours of work.
11.3 Flexible Working Hours
a) Any Full time or Part time Employee may request a flexible working hours arrangement
provided the arrangement is consistent with this clause and University policy as
amended from time to time.
b) A change in working arrangements may include, but is not limited to, changes in hours
of work, changes in patterns of work, and/or changes in locations of work.
c) Where the University and the Professional Employee reach agreement on a flexible
working hours arrangement, the agreement must be captured in writing.
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d) A flexible working hours arrangement must be reasonable and fall within the
University’s ordinary working hours. For Professional Employees, rostered ordinary
hours of work can be arranged as necessary in compliance with Clause 11.1.
e) It is the responsibility of the supervisor and Professional Employee to ensure
Professional Employees’ contracted hours of work are completed during the applicable
roster cycle.
f) Should the University not be able to accommodate a flexible working arrangement
request, the University will refuse on reasonable business grounds and will inform the
employee in writing of the reasons.
g) If a flexible working arrangement is no longer meeting operational requirements and
is required to be terminated, the Employee will be provided with the reasonable
business grounds in writing at least eight (8) weeks prior to ceasing the arrangement.
h) Nothing in this clause precludes an Employee from applying for a flexible working
arrangement in accordance with the National Employment Standards or applicable
legislation.
11.4 Reasonable Additional Hours
a) From time to time, Professional Employees may be required to work reasonable
additional hours to their rostered hours to meet operational requirements.
b) In determining whether the additional hours are ‘reasonable’, a range of
factors must be taken into account, including (but not limited to):
(i) any risk to the Professional Employee’s health and safety;
(ii) the Professional Employee’s personal circumstances including
family responsibilities;
(iii) the operational requirements of the workplace;
(iv) the notice (if any) given for the need to work the additional hours and
the Professional Employee’s intention to refuse it; and
(v) any other relevant matter.
c) Professional Employees who work reasonable additional hours will be entitled
to overtime in accordance with Clause 13.
11.5 Professional Employees’ start and finish times, roster cycles and hours of work will be
advised by the University from time to time in accordance with the terms of this
clause.
11.6 Professional Employees will be provided with at least four (4) weeks’ notice in writing
of a variation to the pattern of hours they normally work unless the Professional
Employee agrees to a shorter notice period.
12 Shift Work (Professional Employees)
12.1 Where a Professional Employee is required to work shift work, the roster cycle will ensure
that the Employee’s ordinary hours of work will be an average of 37.5 hours per week over
the applicable roster cycle. Provided that any shift:
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a) will not exceed ten and a half (10.5) hours in duration (exclusive of meal break) on any
day of the roster period (other than a Security Officer); or
b) for a Security Officer, will not exceed eight (8) hours in duration (exclusive of meal
break) on any day of the roster period; and
c) no Professional Employee will be required to be rostered for:
(i) more than one (1) shift in any twenty-four (24) hour period;
(ii) more than ten (10) shifts per fortnight; and
(iii) more than six (6) consecutive days (unless otherwise agreed with an
Employee) in any roster period.
12.2 For Professional Employees’ who work shift work, ordinary hours will be worked in
accordance with rosters set in advance by the University.
12.3 For the purposes of this clause, a Professional Employee must be provided a break in duty
of at least ten (10) hours between rostered shifts, or by agreement, this break can be eight
(8) hours.
12.4 Twenty-four (24) hours’ notice must be given to a Professional Employee where
the University requires a change to any shift roster, unless otherwise agreed.
12.5 Shift rosters may change due to operational circumstances. Any permanent changes to shift
rosters will be subject to consultation with the relevant Employee(s).
12.6 Professional Employees who work shift work will be paid the following shift allowances when
working ordinary hours within the defined shifts:
a) Saturday and Sunday Shift – Ordinary hours worked on a Saturday will be paid at
150% of the Professional Employee’s base hourly rate, and on a Sunday will be paid
at 175% of the Professional Employee’s base hourly rate for each hour worked.
b) Afternoon Shift – Ordinary hours finishing after 6pm and at or before midnight on
any weekday will be paid at 115% of the base hourly rate for each hour worked.
c) Rotating Night Shift – Ordinary hours finishing after midnight and at or before 8am
on any weekday will be paid at 115% of the base hourly rate for each hour worked.
d) Non-Rotating Night Shift- An Employee who finishes work after midnight and
before 8.00am on any weekday will be paid at 130% of the base hourly rate for
each hour worked.
e) Public Holiday Shift – An Employee required to work ordinary hours on any public
holiday will be paid at 250% of the Employee’s base hourly rate for each hour
worked.
12.7 The shift allowances will be applied to the Employee’s applicable base hourly rate contained
in Schedule 1 in respect to ordinary hours worked, other than Afternoon and Night shift
allowances which will be applied to the base hourly rate of level 3 step 10.
12.8 The penalty rates within this clause and Clause 13 – Overtime are not cumulative. Where
an Employee is entitled to more than one penalty rate, the Employee will be entitled to the
highest single penalty rate.
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12.9 To be clear, Professional Employees will either receive overtime pay or shift penalties, but
not both.
13 Overtime (Professional Employees)
13.1 Where the University requires Professional Employees to work additional hours:
a) in excess of the ordinary hours prescribed in Clause 11.1; or
b) for Professional Shift Employees, in excess of the hours prescribed in Clause 12.1,
then they will be paid for these additional hours at the rates set out below, subject to
Clause 9.1 for Casual Professional Employees:
When Rate relative to base hourly rate
Monday to Friday 150% for the first (3) hours and 200% thereafter.
Saturday (before 12pm) 150% for the first (3) hours and 200% thereafter.
Saturday (12pm onwards)
onwards)
200%
Sunday 200%
Public Holiday 250%
13.2 All overtime is to be calculated and applied to Professional Employees’ applicable base hourly
rate of pay in Schedule 1 for each hour worked.
13.3 A Professional Employee whose maximum salary exceeds the base annual salary of Level 7
step 40 is not entitled to paid overtime as prescribed within this clause but is entitled to
time off in lieu.
13.4 Overtime must be authorised in advance by a Professional Employee’s supervisor.
13.5 Time off in lieu of overtime (TOIL)
a) A Professional Employee may request, and the University may agree to time off in lieu
instead of payment for overtime under this clause.
b) When time off is taken, time will be calculated using the same formula as the
applicable overtime rate.
c) If time in lieu is not taken within two (2) months of its accrual for any reason,
payment for the time will be made to the Employee, unless otherwise agreed by the
University.
d) The University will support an Employee to take their time off in lieu wherever
possible, subject to the University’s operational requirements.
13.6 Rest periods after working overtime
a) A Professional Employee who works overtime beyond the ordinary hours of duty is
entitled to a ten (10) hour break, without loss of salary, before returning to duty.
b) If the Professional Employee is required to continue, or return to work, without such
break, the Employee shall be paid at 200% at the Employee’s base hourly rate until
released from duty for at least ten (10) consecutive hours.
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13.7 Recalled to Work
a) A recall to work is classified as an overtime type, and only applies to Employees who are
not receiving an on-call or availability allowance – for this engagement, please refer to
Clause 21.7.
b) An Employee may be recalled to work if they are directed by the University to return to
work after they have completed their ordinary hours of work. For example, an Employee
finishes work at 4pm and due to an emergency is requested to return to work at 10pm.
c) For the avoidance of doubt, a recall to work does not apply where overtime is worked at
a time continuous with ordinary hours of work.
d) If an Employee is required to return to work, overtime and minimum engagement periods
apply. For the purposes of calculating payment, each period of recall will stand alone,
except where the second or subsequent return to duty falls within the same minimum
engagement period.
e) An Employee recalled to work overtime will be paid at the prescribed overtime rate for a
minimum period as per the below:
Day Recalled to Duty Minimum Period to be Paid
Saturday, Sunday or Public Holiday 3 hours
Monday to Friday (prior notice given) 1.5 hours
Monday to Friday (no prior notice given) 2.5 hours.
14 Academic Matters (Academic Employees)
The provisions of this clause will apply to Academic Employees only.
14.1 Academic Workloads
The following subclause applies to Full time and Part time Academic Employees.
a) The scope of academic work will include a reasonable combination of activities in the
three core activities identified in the Murdoch University 2023-2030 Strategy, Ngala
Kwop Biddi, Building a brighter future, together: Education, Research, and Engagement.
b) The nature of tasks within these three core areas is varied and includes academic and
administrative work, allocated tasks and self-determined tasks. For academic workload
purposes, the tasks are broadly categorised as teaching, research, and service.
c) The University will take reasonably practicable steps to ensure that Academic Employees
have sufficient and reasonable time to perform their allocated and self-determined
tasks, and that they are not required to work excessive or unreasonable hours.
d) The workload allocation assumes that an Academic Employee will take four (4) weeks of
annual leave (i.e., 20 days) and 10 days of Public Holidays or days in lieu of Public
Holidays; therefore, the number of hours of work per year is 1,725. Workload allocation
for a Part-time Academic Employee will be calculated on a pro-rata basis.
e) Each School Dean (or equivalent) will develop and maintain a workload model for their
School/area consistent with the terms of this Agreement. Workload models will:
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i) be developed in consultation with all Academic Employees of the respective
Schools/areas;
ii) use allocations for Teaching, Research and Service that reflect the time
reasonably required to do the work;
iii) accommodate scholarship; and
iv) be reviewed in consultation with Academic Employees on an annual basis.
f) Workloads will be allocated to Academic Employees in accordance with the workload
model, following consultation with Academic Employee(s), which takes account of the
following:
i) the academic role undertaken by the particular Academic Employee;
ii) an equitable and transparent distribution of workload within the School, and
across Colleges;
iii) work and safety obligations;
iv) the Murdoch University 2023-2030 Strategy, Ngala Kwop Biddi, Building a
Brighter Future Together.
v) the operational requirements of the University; and
vi) planned leave.
g) An Academic Employee will have a workload allocation that reasonably combines
Teaching, Research and Service according to the balance of load agreed between the
Academic Employee and their supervisor. It is recognised that an Employee may at times,
by agreement, focus more intensively on a particular type of academic activity, in which
case the respective allocations will be amended accordingly.
h) All Academic Employees will be provided with reasonable opportunity to build and
maintain a research and teaching profile. The research and teaching workload allocation
will be sufficient to enable the research plan and teaching tasks agreed between the
Academic Employee and the School Dean (or equivalent).
i) As soon as practicable, but no later than thirty (30) days before the commencement of
each relevant teaching period, the School Dean (or equivalent) or their nominee and
each Academic Employee will agree on an individual workload allocation for that
teaching period. The annual percentage of workload allocated to each of the three types
of tasks (as described in (b)) will not change after being published, except by agreement,
but there may be an adjustment of tasks within each component of load.
j) Each year, prior to the commencement of teaching, School/area workload allocations
will be made available to all Academic Employees in a readily accessible and standardised
format. In order to respect the privacy of Academic Employees, this format will only
include the indicative percentage assigned to Teaching, Research, and Service to each
academic employee.
k) If an Academic Employee is dissatisfied with their workload allocation, they may seek a
review by the Head of College (or equivalent) or their nominee.
l) If the Academic Employee’s workload concern remains unresolved, it will be referred to
the Workload Reference Group.
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m) The Workload Reference Group will be constituted by the DVC-Education (or nominee),
DVC-Research (or nominee), and two NTEU nominees. It will normally meet within one
fortnight of receipt of a referral in accordance with l) above, including circumstances
where the application of the workload model may have caused an adverse consequence
for an individual Employee. In order to prevent delays in the allocation of work, the
Workload Reference Group will normally provide a report to the affected Employee/s
and their line manager within three weeks of the referral. If the Workload Reference
Group does not resolve the issue, they will refer the case to the Vice Chancellor for
further consideration.
n) If the matter remains unresolved the Employee may pursue the matter through another
relevant jurisdiction including as a dispute in accordance with Clause 34.
14.2 Academic Probation
a) All new Academic Employees (other than Casual Academic Employees) will be
appointed on a period of probation.
(i) For new Academic Employees, the period of probation will be twelve (12)
months. Prior to the expiry of probation, the University may elect to extend this
period by up to a further twelve (12) months; or
(ii) For Fixed term Academic Employees whose contract length is twelve (12)
months or less, the period of probation will be six (6) months.
b) At any time during the probationary period, the University may elect to terminate the
Academic Employee’s employment with the required period of written notice as set
out in Clause 30 – Termination of Employment.
c) If termination of employment is proposed during probation, evidence-based reasons
will be provided to the Employee within a reasonable timeframe prior to the
proposed termination and will be consistent with reasonable and properly
communicated probationary goals and expected outcomes.
d) This does not include matters relating to conduct, which will be addressed in
accordance with Clause 32, nor where a new matter arises within the four-week
period preceding the end of the probation period.
e) For Fixed term Employees, any second or subsequent fixed term contract that
commences within six (6) weeks of the end of the previous contract will not contain a
period of probation.
14.3 Academic Freedom
a) The University is committed to the preservation and protection of the scholarly values
of Academic Freedom. Academic Freedom means the freedom of Academic Employees
to engage in critical enquiry, intellectual discourse, and public controversy without fear
or favour.
b) An Academic Employee will not be taken to be exercising academic freedom where they:
i) fail to observe or recognise their responsibility to reflect scholarly norms,
including that others may have differing opinions in the context of a robust
exchange of views; or
ii) deny or interfere with another person’s exercise of academic freedom; or
iii) engage in bullying, harassment, vilification, or intimidation.
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c) An Academic Employee will not be disciplined for misconduct or serious misconduct, or
subjected to any other punitive action, where academic freedom is exercised in
accordance with this clause.
14.4 Academic Promotion
The University will maintain a policy regulating Academic Promotion as amended from time
to time. The policy will provide Academic Employees the right to apply for promotion. The
policy will include provisions that ensure promotion applications are assessed by an
appropriate committee (as determined by the policy), and that Academic employees can
seek a review of promotion decision, where a promotion is denied.
14.5 Availability for Consultation
a) Academic Employees who have teaching responsibilities will ensure that they are
reasonably available to consult with students and Employees outside contact hours.
The requirement to be reasonably available to consult with students and Employees
also applies to casual Academic Employees, having regard to the hours for which they
are contracted to work.
b) Academic Employees will promptly answer communications from students and
Employees.
14.6 Casual Academic Employees
a) Casual Academic Employees will be entitled to:
(i) have reasonable access to University facilities for the purposes of
preparation, marking and student consultation, such facilities may include
a workstation, telephone, networked computer, and email access; and
(ii) a minimum engagement of two (2) hours for academic duties will apply to
casual academic employees. This includes any associated working time for
a task.
(iii) a minimum of three (3) hours payment for attendance at induction
sessions required by University; and
(iv) payment for meetings for which their attendance is required by their
immediate supervisor; and
(v) reasonable access to staff development opportunities.
b) Unless expressly authorised by a Casual Academic Employee, the University will not
include publications or creative works of Casual Academic Employees in any report, list,
promotional material or grant application.
14.7 Research Studies Program (RSP)
a) Academic Employees can apply for RSP in accordance with the relevant University
policy, as amended from time to time.
b) Academic Employees who are eligible to apply for RSP in accordance with the relevant
University policy may also apply for funds in respect of travel relevant to facilitate the
program.
c) Approval of RSP, and any related funds, is at the discretion of the University in
accordance with the relevant University policy, as amended from time to time.
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14.8 Termination on Grounds of Ill Health
a) Nothing in this clause is intended to preclude an Academic Employee from initiating
separation from employment on medical grounds or from applying to their
superannuation fund for ill-health retirement or temporary disability benefit.
b) The University may require an Academic Employee to undergo an independent
medical examination by a suitably qualified medical practitioner nominated by the
University where it has concerns that the Academic Employee is no longer fit to
perform the inherent requirements of their role.
c) The University will consult with the Academic Employee about the choice of medical
practitioner, and the timing of the appointment prior to booking the medical
examination, however, retains the right to appoint the medical practitioner if
agreement cannot be reached.
d) The cost of the medical examination will be the responsibility of the University.
e) The University will provide the Academic Employee with two (2) weeks written notice
of the requirement to attend a medical examination. The Academic Employee must
provide their written consent to allow the medical practitioner to provide the medical
report to the University.
f) A refusal to undergo the medical examination will not constitute misconduct and will
not lead to any greater penalty or loss of entitlements than would have resulted from
an adverse medical assessment.
g) Where an Academic Employee refuses to undergo the medical examination, without
a valid reason, the University is entitled to determine that the Academic Employee
will be unable to perform their duties for at least twelve (12) months.
h) If the Academic Employee applies to their superannuation fund for ill health
retirement or temporary disability benefit the direction to attend for a medical
examination will be suspended for a maximum period of three (3) months to allow the
Academic Employee’s application to their superannuation Fund to be processed.
i) Where an Academic Employee attends a medical examination under Clause 14.8(d),
the Employee will be provided with a copy of the medical report.
j) If the medical practitioner’s opinion is that the Academic Employee is no longer fit to
perform the inherent requirements of their role, the University may terminate the
employment of the Academic Employee:
(i) in accordance with the notice required by the Academic Employee’s
contract of employment (this notice may be paid in lieu); or
(ii) where no notice is specified by the Academic Employee’s contract of
employment, the lesser of a period of six (6) months’ notice or the balance of
a fixed term contract (if the Academic Employee is employed on a fixed term
basis). The University may provide notice, payment in lieu notice or a
combination of notice and payment in lieu of notice.
k) Prior to taking action to terminate the employment of an Academic Employee, the
University may offer the Employee the opportunity to submit a resignation on the
grounds of ill health.
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14.9 Casual Academic Conversion
a) The University will create and fill 36 FTE ongoing academic positions (Positions) over the
nominal term of the Agreement in accordance with the following provisions.
b) The Positions may be full-time or part-time, with a minimum fraction of 0.5FTE.
c) A general principle for the program is that positions will include teaching work that was
previously performed by casual employees.
d) Positions will be advertised to internal eligible applicants as defined in subclause (g)
below.
e) If there is an eligible internal applicant who is appointable, they will be appointed to the
Position.
f) If no eligible internal applicant is appointable to a Position, the University may advertise
the position externally without restriction and in accordance with the general principles
of this clause.
g) An eligible internal applicant for a Position must:
i) be a Casual Academic who has been employed casually for a period totalling at
least two (2) teaching sessions within the previous two (2) years; or
ii) be a fixed-term academic who has held a casual academic position at the
University within the previous two (2) years.
h) Appointments to Positions will be made at a minimum of level A step 3, provided that an
appointment will be made at a minimum of level A step 6 if the successful applicant holds
a doctoral qualification.
i) The University recognises the importance of job security and to this end will use
reasonable endeavours to reduce by 20% the proportion of Casual Academic
Employees as a proportion of all Academic Employees on an FTE basis by the nominal
expiry date of the Agreement.
j) For the avoidance of doubt, the University shall not be in breach of this clause if it
has taken reasonable endeavours to meet the terms of the clause. This will include
creation and advertisement of all the Positions in sub-clause a) such that the positions
will be filled unless there is an insufficient number of appointable eligible internal
applicants.
k) The University will report annually on progress made towards complying with this
clause.
15 Duties, Training & Development
15.1 The University will comply with its primary duty of care under the WA Work Health & Safety
Act 2020 and related regulations to provide a safe and healthy workplace and is committed
to ensuring, as far as is reasonably practicable, the health and safety of Employees,
including through promoting and providing training in work health and safety.
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15.2 While at work an Employee will as far as reasonably practicable:
a) take reasonable care for their own health and safety and endeavour to ensure that their
acts or omissions do not adversely affect the health and safety of other persons;
b) promptly report incidents, injuries and hazards;
c) comply with all lawful and reasonable instructions from their employer in relation to
workplace health and safety; and
d) cooperate with the University’s applicable workplace health and safety policies and
procedures.
15.3 Employees may be required to undertake training aimed at maintaining, enhancing or broadening
their work skills and performance consistent with the requirements of their position, as directed
by their Employer. Where the University requires such training, the University will provide it to
the Employee.
15.4 Employees are to participate in discussions about their performance, contribution and
development with their direct supervisor in accordance with the relevant University policy, as
amended from time to time.
16 Remuneration
16.1 The base salary rates payable to Employees for each classification of work are set out in
Schedules 1 and 2 of this Agreement. Casual Academic Employee rates of pay are also set
out in Schedule 2.
16.2 Salary Step Progression within a Level
a) At the end of each twelve (12) months’ continuous service, an Employee will be
eligible for progression from one step to the next within their classification level
which will be processed subject to completion of their Annual Career
Development Conversation (ACDC) or equivalent within the preceding year.
b) If an Employee is not required to complete an ACDC, or the supervisor does not
initiate an ACDC, the step progression will automatically apply, unless the
Employee is deemed ineligible under subclause c.
c) An Employee will be deemed ineligible for an increment increase and an
increment will be withheld only where the University can demonstrate that an
Employee is underperforming, and provided the Employee has been given a
reasonable opportunity to remedy the alleged performance deficits.
d) Where the University determines an Employee is underperforming, the salary step
progression will be withheld for a period of twelve (12) months unless otherwise
notified.
e) Employees will only be eligible to progress one step at each anniversary date.
16.3 Salary Increases
a) The remuneration listed in Schedule 1 and 2 contains the following increases that
will be effective from the beginning of the first pay period commencing on or after
the following dates:
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First full pay period on or after: Increase
1 January 2024 3%
1 July 2024 2%
1 January 2025 2%
1 July 2025 2%
1 January 2026 2%
1 July 2026 2%
If the Agreement does not commence operation until after 1 January 2024, the
increase will be back paid to Employees who are employed as at the date the
Agreement commences operation.
16.4 Frequency of Pay
Salaries (including allowances and overtime) will be paid fortnightly by electronic funds
transfer to an acceptable financial institution nominated by the Employee.
16.5 Deductions
a) Where an Employee is for any reason overpaid, the University will advise the
Employee and the Employee will provide written authorisation for the deduction
of the overpayment against their salary in the following pay unless the University
and the Employee agree to alternative arrangements to pay back such
overpayment.
b) The deduction is principally for the Employee’s benefit, to ensure that no
overpayment or debt remains owed to the University.
c) A dispute about a deduction or hardship to an Employee who has been overpaid
may be dealt with in accordance with Clause 34 - Dispute Resolution Procedure.
16.6 Clinical Loadings
An employee will be paid the equivalent of any clinical loading which may be applicable in
accordance with any modern award.
17 Classification
17.1 The University will be responsible for determining the classification level and step of each
Employee consistent with the classification descriptors as set out in Schedules 3 and 4.
17.2 Broad banding of classifications will be a matter for the relevant University policy,
as amended from time to time.
17.3 Professional Employees Reclassification
a) Professional Employees have the ability to apply for reclassification of their position
where there have been significant changes to their duties and responsibilities or
where they believe their substantive position is incorrectly classified.
b) An Employee may not re-apply for reclassification in the same role within twelve
(12) months since their previous application.
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c) Reclassification requests will be administered in accordance with the relevant
University policy, as amended from time to time.
d) The effective date of a successful application for reclassification will be the date the
Employee made their application for reclassification.
e) Any determination will be notified to the Employee in writing.
f) Where a Professional Employee has been unsuccessful in their application for
reclassification, they may appeal the determination of the original application on
reasonable grounds within five (5) business days.
g) The determination will be reviewed by the University's Chief People and Culture
Officer or their nominee. The Professional Employee will be notified of the final
decision in writing within five (5) business days of the lodgement of their appeal.
h) The University retains the right to determine the duties, responsibilities and skills
required of each position.
18 Superannuation
18.1 The University will make employer superannuation contributions based on the Employee’s
contracted salary as follows:
a) Continuing Employees and Fixed term Employees: 17%.
b) Casual Employees: minimum contribution required by superannuation legislation.
18.2 The University’s preferred fund is UniSuper. If an Employee does not choose an alternate
complying fund to receive employer superannuation contributions and the University is not
otherwise required by law to make contributions to an alternate fund, the University will
make contributions to UniSuper.
18.3 In respect of a year of income, Employees to whom the 17% employer contribution rate
applies may make a request to the University for an adjustment to the employer contribution
rate for superannuation. The University must make the adjustment where:
a) the adjustment does not cause the rate to exceed 17%;
b) the adjustment is in compliance with superannuation legislation and other relevant
arrangements with external superannuation providers;
c) any reduction in superannuation contributions will be paid as non-superannuable
salary; and
d) the arrangement will not result in the University being worse off.
18.4 Where payments that are subject to superannuation are made by the University to
an Employee in excess of the Employee’s contracted salary, those payments will
attract employer contributions at the legislated superannuation contribution rate.
18.5 For the purposes of this clause, the term ‘Employee’s contracted salary’:
a) includes ordinary time earnings as defined by superannuation legislation which
includes an Employee’s base salary (whether paid in accordance with or in excess of
this Agreement), shift penalty payments and salary based allowances; but
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b) does not include other payments, including but not limited to, payments for
overtime, or any payment made pursuant to sub-clause 18.3, or any other
payments to an Employee that are outside this Agreement.
19 Salary Packaging
The University and an Employee may enter into a salary packaging agreement in accordance with the
relevant University policy, as amended from time to time, and subject to the requirements of the
Australian Taxation Office (ATO) and relevant legislation. Any salary packaging arrangements will
be subject to limits imposed by the ATO and will be captured in writing through a salary packaging
agreement.
20 Supported Wage Employees, Trainees & Apprentices
20.1 Nothing in this Agreement will prevent the full operation of a Supported Wage System, which
means the Commonwealth Government System to promote employment for people who
cannot work at full capacity because of a disability.
20.2 An Employee covered by the Supported Wage System will be paid the greater of $102 per
week or a percentage of the relevant base salary rate for the class of work they are
performing which corresponds to their assessed percentage of capacity (10-90%). A high
degree of assistance and support will be provided to Employees whose assessed capacity is
10%.
20.3 If a trainee is directly engaged in employment through the University, the University will pay
the trainee an additional 25% above the base wage in accordance with the employee’s
applicable National Training Wage Schedule.
20.4 If the University enters into an Apprenticeship agreement with a Training Provider, the
Apprentice will be engaged in accordance with the terms and conditions of the Higher Education
Industry General Staff Award 2020 and paid in accordance with the pay rates in the relevant
Schedule of this Agreement.
20.5 For the avoidance of doubt, the percentages outlined in the Higher Education Industry General
Staff Award 2020 will be applied to the relevant classification and pay rate schedules outlined in
this Agreement.
21 Allowances
The following allowances apply to Professional and Academic Employees:
21.1 Motor Vehicle
An Employee required by their immediate supervisor to use their own personal motor vehicle
in the course of their employment will be paid an allowance (cents per kilometre travelled) in
accordance with the applicable University policy as amended from time to time.
21.2 Business Travel Expenses
a) Employees may be required to travel in the course of their employment for business
related purposes including for attending conferences. All business travel is to be
approved in accordance with the relevant University policy, as amended from time
to time.
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b) Where business travel is approved, the University will pay to Employees reasonable
expenses actually incurred during the approved travel. Employees will be required
to retain appropriate documentation such as receipts, which substantiates the
incurring of any business travel expenses.
c) The University will determine the method of payment, which may be cash paid in
advance or on substantiation, or the use of credit cards or debit cards in the name
of the University or some other commercially recognised method of
reimbursement.
21.3 Indigenous Language Allowance
a) A Full time Employee who is required by the University to use an Indigenous
language in the course of their employment will be paid an allowance of:
(i) $1,862 per annum for Level 1 – Elementary Level. This is for Employees who
are capable of using minimal knowledge of language for the purpose of
simple communication.
(ii) $3,727 per annum for Level 2. Level 2 represents a level of ability for the
ordinary purposes of general business, conversation, reading and writing.
b) For the purpose of this clause, Indigenous language will mean a recognised
proficiency in any one of the Aboriginal or Torres Strait languages.
The following allowances in Clauses 21.4 to 21.8 apply to Professional Employees only:
21.4 First Aid
a) Professional Employees other than Casuals will be paid a First Aid allowance of
$23.50 per week if they hold:
(i) a current accredited First Aid Training Certificate; and
(ii) are nominated by the University as a First Aid Attendant.
Nominations may change from time to time at the University’s discretion.
21.5 Higher duties
a) A Professional Employee, who is directed by the University to act in a higher
classified position from time to time for a minimum of five (5) consecutive work
days, will be paid an allowance equal to the difference between the Employee’s
current classification base salary and the applicable classification of the base salary
of the higher position for duration of the higher duties period.
b) A Professional Employee will continue to be paid the allowance in Clause 21.5(a) for
the first four (4) weeks of a period of paid leave if the Employee has been receiving
a higher duties allowance for:
(i) a continuous period of twelve (12) months at the time of taking paid
leave; or
(ii) less than twelve (12) months at the time of taking paid leave if during
the Professional Employee's absence, no other Professional Employee
acts in the position in which the Professional Employee was acting
immediately before taking leave, and the Professional Employee
Murdoch University Enterprise Agreement 2023 27 | P a g e
resumes the position immediately after that leave.
21.6 Temporary Special Allowance
a) A Professional Employee requested by the University to undertake a project or
other special duties in addition to, or in lieu of their normal duties, may, at the
discretion of the University be paid a temporary special allowance, in accordance
with the relevant University policy as amended from time to time.
b) Any allowance is not guaranteed and will only be intended to reward Employees
who undertake work that is not normally part of their substantive position.
c) A Professional Employee will continue to be paid the allowance in Clause 21.6(a) for
the first four (4) weeks of a period of paid leave if the Employee has been receiving
the allowance for a continuous period of twelve (12) months at the time of taking
paid leave.
21.7 On Call Allowance
a) A Professional Employee is defined as being On Call when they are required by the
University or their Leader to be contactable via telephone to immediately return to
duty outside of the Employee’s ordinary hours of work for a specified period. E.g.,
8pm – 5am.
b) Where the Employee is required to be On Call, the Employee will be paid an
allowance for each hour, or part hour, for being On Call.
c) The value of the On Call Allowance is 18.75% of the base hourly rate for classification
Level 4 Step 10 in Schedule 1.
d) For the avoidance of doubt, an Employee cannot receive an On Call allowance when
they are engaged during ordinary hours of work.
e) Casual Professional Employees are not entitled to an On Call Allowance.
21.7.1 Work Performed when an On Call Allowance Applies
a) If the Employee is required to complete work or attend the workplace
when On Call, they will cease to be paid the On Call allowance and will
be paid at the applicable overtime rate for all time worked (including
any travel) as per Clause 13.
b) Upon completion of work activities, the Employee will revert to being
paid the On Call allowance until such time as they are no longer on call
and overtime will cease to be paid.
c) For absolute clarification, where an Employee is in receipt of an On Call
allowance, the Employee is not entitled to be paid the minimum
engagement rates of Clause 13.7 – Recall to Work.
21.8 Availability Allowance
a) A Professional Employee is defined as being Available when they are required by the
University or their Leader to be contactable via telephone to return to duty within a
three-hour (3) period outside of ordinary working hours, after being notified of the
Murdoch University Enterprise Agreement 2023 28 | P a g e
need to return. For example, an employee receiving an Availability allowance may be
contacted at 9pm to return to duty and has until 12am to do so.
b) Where the Employee is required to be Available, the Employee will be paid for each
hour, or part hour, for being Available.
c) The value of the Availability allowance is 9.375% of the base hourly rate for
classification Level 4 Step 10 in Schedule 1.
d) For the avoidance of doubt, an Employee cannot receive an Availability allowance
when they are engaged during ordinary hours of work.
e) Casual Professional Employees are not entitled to an Availability allowance.
21.8.1 Work Performed when Availability Allowance Applies
a) If the Employee is required to complete work or attend the workplace
when in receipt of an Availability allowance, they will cease to be paid
the Available rate and will be paid at the applicable overtime rate for
all time work (including any travel) as per Clause 13.
b) Upon completion of work activities, the Employee will revert to being
paid as per the Availability allowance and overtime will cease to be
paid.
c) For absolute clarification, where an Employee is in receipt of an
Availability allowance, the Employee is not entitled to be paid the
minimum engagement rates of Clause 13.7 – Recall to Work.
21.9 Overtime Meal Allowance
a) An Employee will be entitled to a meal allowance of $19.00 if:
(i) On a weekday when the Employee works approved overtime beyond the
ordinary hours of work for more than two (2) hours; or
(ii) On a Saturday or Sunday, where the Employee has worked approved overtime
for more than five (5) hours.
b) A meal allowance will not be paid where:
(i) the Employee can reasonably return home for a meal and then resume duty;
or
(ii) A meal is provided by the University.
21.10 Cultural Workload Allowance
21.10.1 Definition of Cultural Load
Cultural load means, but is not limited to, the following expectations placed on First
Nations employees:
a) they undertake First Nations- related work that is not a fundamental
requirement of their role (for example, participation as a First Nations
member on University committees, or on First Nations panels) which is in
Murdoch University Enterprise Agreement 2023 29 | P a g e
addition to their substantive duties, and which non-First Nations colleagues
are not required to undertake;
b) they provide education and guidance to non-First Nations colleagues on
topics related to racism, First Nations issues, history and/or culture; or
c) they represent First Nations peoples both within the University, and across
wider Australia.
21.10.2 Cultural load and allowance
a) The University acknowledges that First Nations Employees may undertake
additional components of workload related to cultural load within the
workplace, especially in settings where there are few or no other First
Nations Employees.
b) The University recognises that some First Nations Employees may make a
personal decision not to apply for a cultural allowance, but it is nevertheless
recognised that all First Nations Employees contribute to cultural
responsibilities within the University.
c) To acknowledge the additional workload component imposed by cultural
load, the University will pay a cultural allowance to Employees who
voluntarily and formally take on cultural responsibilities in addition to their
substantive duties. This allowance will be equivalent to an additional 10% of
a full-time workload of 1725 hours as per the following:
i) for Full-Time Employees, an hourly rate of $51.85 per hour for a
maximum of 172.5 hours per annum; and
ii) for Part Time Employees, an hourly rate of $51.85 per hour for the
pro-rata equivalent of a full-time workload per annum.
d) For the purpose of this clause, a cultural allowance will only be payable
where a request is made by the Employee to the Pro Vice Chancellor First
Nations and is subsequently approved for payment.
e) Should any Employee in receipt of a cultural workload allowance decide they
no longer wish to perform the duties associated with this allowance, the
Employee will be required to notify the Pro Vice Chancellor First Nations. Any
cultural allowance the Employee is in receipt of will cease at this time.
f) Cultural allowance payments will be paid for a period of two (2) years after
which the Employee will be required to reapply for the allowance, or for the
period in which the Employee remains within their role, whichever is lesser.
g) For the avoidance of doubt, if an Employee is in receipt of a cultural
allowance and changes roles within the University, the Pro Vice Chancellor
First Nations will conduct a review on the allowance to ensure it remains
applicable to the Employee.
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22 Annual Leave
22.1 Employees, other than Casual Employees will accrue four (4) weeks’ annual leave per annum.
22.2 Part time Employees will receive a pro rata entitlement.
22.3 Seven Day Shift Worker
a) A Seven Day Shift Worker as defined by the Agreement will accrue an
additional week of annual leave for each completed year of continuous
service.
b) Where an Employee engaged as a shift worker has been in receipt of a week
of additional annual leave from the period immediately prior to 10 August
2018, and continues to be engaged in shift work, the Employee will continue
to accrue an additional week of annual leave.
c) For the avoidance of doubt, this week of annual leave will be accrued in addition to
the week of additional annual leave provided for Seven Day Shift Workers in Clause
22.3(a) (making a total of six (6) weeks’ annual leave).
22.4 An Employee may request to take annual leave at a time convenient to them and as agreed
with the University. When authorising annual leave, the University will take into account the
operational requirements of the workplace and will not unreasonably refuse or revoke
authorisation for the taking of annual leave.
22.5 Payment of annual leave will be based on the pay an Employee would have received in
respect of the ordinary hours the Employee would have worked had the Employee not been
on leave during the relevant period.
22.6 An Employee who takes personal leave during any period of annual leave can apply for, and
will be granted, personal leave to replace the annual leave (this includes carer’s leave). The
University will need to be notified as soon as the need arises to take such leave and any claim
to personal leave will be in accordance with Clause 23.
22.7 An Employee’s accrued and untaken annual leave entitlement will be paid out on termination
of employment. Where termination of employment is due to the Employee’s death, such
payment will be made to the Employee’s estate.
22.8 An Employee may request to access up to a full year’s leave entitlement in advance which
will be granted by the University subject to operational requirements of the workplace.
22.9 Where an Employee has:
a) taken annual leave in advance of it being accrued, and
b) they have a negative entitlement when their employment ends,
the Employee is required to repay the overdrawn entitlement. The University may deduct the
amount of the overdrawn entitlement from any amount the University owes the Employee on
termination of employment. The Employee must sign any authorisation necessary for this to
occur.
22.10 Annual leave will not accrue during any period of unpaid leave or unauthorised absence.
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22.11 Leave Loading
a) Employees, excluding Casual employees, will accrue annual leave loading equal to
17.5% of four (4) weeks’ salary per calendar year.
b) Annual leave loading is paid in November or the first pay period in December of
each year.
c) The maximum amount of leave loading payable will be equal to the Australian
Bureau of Statistics ‘Average Weekly Earnings’ for all males in the May quarter
immediately preceding payment.
d) An Employee who commences after 1 January in any year is entitled to a pro rata
annual leave loading for the period of service in that year.
e) Where an Employee ceases employment prior to the annual payment of leave
loading, they will be entitled to a pro rata payment of annual leave loading on
termination.
f) When Professional Employees who work shift work are on annual leave, they will be
paid the greater of:
(i) shift penalties a Professional Employee would have received had they not
been on annual leave; or
(ii) the 17.5% annual leave loading as prescribed.
22.12 Cash Out of Annual Leave
a) Employees may request by separate written agreement to cash out an amount of
annual leave which they have accrued providing it is authorised by the University
and they have a minimum remaining leave balance of four (4) weeks after cashing
out the leave.
b) Payment of cashed out annual leave will be based on the pay an Employee would
have received in respect of the ordinary hours the Employee would have worked
had the Employee not been on leave during the relevant period.
22.13 Direction to take excess annual leave
a) The University will use a leave management plan in the first instance to encourage
Employees to use their leave.
b) If a leave management plan cannot genuinely be agreed with an Employee who
has accrued in excess of thirty (30) days of annual leave they can be directed to
take annual leave, or a pro rata amount for a Part time Employee.
c) The minimum remaining leave balance following a direction to take annual leave
must be no less than four (4) weeks (or 20 days) of annual leave, or a pro rata
amount for a Part time Employee.
d) The University will provide Employees with a minimum two (2) months’ notice prior
to the date they are required to take the annual leave.
e) As an alternative to clause 22.15(b), Employees may elect to cash out excess leave
in accordance with clause 22.12.
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22.14 Purchased Leave for Professional Employees
a) Subject to operational requirements and University policy, Professional Employees
can purchase up to an additional four (4) weeks of annual leave per year.
b) If a request to purchase additional leave is granted, the Professional Employee’s
salary will be reduced on a pro rata basis to reflect the number of hours purchased
by way of flexible remuneration arrangements.
c) The purchased leave must be used within twelve (12) months of purchase or the
entitlement will lapse, in which case the University will pay the Professional
Employee the amount for the unused purchased leave.
d) Subject to agreement with the University, over a four-year period a Professional
Employee may elect to receive 80% of the salary they would otherwise be entitled
to receive in order to access to up to twelve (12) months leave in the fifth year.
Such leave will be paid at 80% of the salary the Professional Employee would
otherwise be entitled to receive.
23 Personal Leave
23.1 Employees, other than Casual Employees, are entitled to accrue twelve (12) days paid
personal leave per annum progressively throughout the year.
23.2 Part time Employees will receive a pro rata entitlement.
23.3 On commencement of this Agreement, Employees will have continued access to their
accrued but untaken personal leave entitlement.
23.4 Personal leave is available to Employees when they are unfit for work due to personal illness
or injury.
23.5 An Employee is also entitled to use personal leave for carer’s leave to provide care or support
to a member of the Employee’s Immediate Family, or a member of the Employee’s
household, who requires care or support because of a personal illness, or personal injury,
affecting the member; or an unexpected emergency affecting the member.
23.6 Employees are required to notify the University (their immediate supervisor unless otherwise
advised) for the need to take personal leave as soon as possible after becoming aware of the
need for the leave. Where possible, Employees should advise the University of the expected
duration of the absence.
23.7 Employees are required to provide evidence to substantiate the need for personal leave.
The evidence required is evidence which would satisfy a reasonable person that the leave
is for the purpose for which it is being taken. Generally, reasonable evidence will be a
medical certificate from a suitably qualified medical practitioner or where appropriate, a
statutory declaration.
23.8 The University has the right to request evidence on any occasion, including but not limited
to where a pattern of absences exists, however in most cases, evidence will not be sought
for absences of three (3) consecutive days or less.
23.9 Untaken paid personal leave will accumulate from year to year.
23.10 An Employee who is absent from work and receiving workers’ compensation payments is
not entitled to access personal leave.
Murdoch University Enterprise Agreement 2023 33 | P a g e
23.11 Additional Personal Leave
a) Where an Employee has exhausted all accrued personal leave and requests to take
more personal leave, the Employee may apply to access an additional five (5) days
of personal leave in a particular calendar year.
b) This additional personal leave will not accrue from year to year.
c) Requests will be managed in accordance with the relevant University policy, as
amended from time to time.
d) Additional personal leave requested by an Employee will not be unreasonably
refused.
24 Family and Domestic Violence Leave
24.1 The University recognises Employees may face situations of violence and/or abuse in their
personal life that may affect their attendance at work. The University is committed to
provide support to Employees who are victims of domestic / family violence.
24.2 An Employee, including a Casual Employee, who is a victim of domestic violence may access
up to ten (10) days per year (non-accumulative) of paid leave for medical appointments, legal
proceedings and other activities related to domestic violence. This leave can be taken
consecutively, in single days or half days.
24.3 Employees will provide the University with notice of the need for leave, and the expected
duration of leave, as soon as possible after becoming aware of the need for leave.
24.4 Employees may be required to provide evidence to substantiate the need for this leave. The
evidence required is evidence that would satisfy a reasonable person that the leave is for
the purpose for which it is being taken. Specific examples of types of evidence that may
satisfy a reasonable person include a court order, police report, hospital incident report or
incident report from a social and community service organisation registered with the
Women’s Council for Domestic and Family Violence Services. Any evidence provided will be
treated confidentially.
24.5 Nothing in this clause prevents Employees from accessing their personal leave
entitlements for the purposes outlined in Clause 23.
25 Compassionate Leave
25.1 An Employee will be entitled to paid compassionate leave of up to three (3) days, on each
permissible occasion (as defined in the Fair Work Act), when:
a) a member of the Employee’s Immediate Family, or a member of the Employee’s
household, dies, or contracts or develops a life-threatening illness or injury;
b) a child is stillborn, where the child would have been a member of the Employee’s
Immediate Family, or a member of the Employee’s household, if the child had been born
alive; or
c) the Employee or their current spouse or de facto partner has a miscarriage.
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25.2 An Employee is required to give the University notice of the taking of leave as soon
as possible and advise the duration, or expected duration, of the leave.
25.3 If requested by the University, an Employee is required to provide evidence that
would satisfy a reasonable person of the circumstances that require the leave.
26 Public Holidays & Limited Service Period
26.1 An Employee is entitled to be absent on any public holiday without loss of pay if regularly
rostered to work ordinary hours on the day the public holiday falls.
26.2 The University may agree to substitute a public holiday for another day, in which case the
substituted day will be treated as the public holiday.
26.3 The University may request an Employee to work on a Public Holiday if the request is
reasonable. An Employee may refuse such a request if it is not reasonable as set out in the
Fair Work Act.
26.4 Where the University conducts its normal operations on Labour Day, Western Australia Day
and the Sovereign’s Birthday public holidays, Employees may be requested to work on those
nominated days. If an Employee works these nominated public holidays, they will be entitled
to:
a) Payment of their base hourly rate for their ordinary hours worked; and
b) An additional day in lieu for each nominated day worked.
b) These days in lieu are to be taken during a Limited-Service Period and do not
accumulate past the end of each calendar year.
c) For Professional Employees, the days off in lieu are provided for in lieu of any
overtime entitlements contained in Clause 13 and shift work entitlements Clause 12.
26.5 At the discretion of the University, Employees may be granted an additional two (2) paid days
in lieu per calendar year. These days in lieu are to be taken during a Limited-Service Period
and do not accumulate from year to year. Part time Employees will receive this entitlement
on a pro-rata basis.
26.6 Limited-Service Period – Close Down
a) At the discretion of the Vice Chancellor, the University may annually implement a
Limited-Service Period over the December/January holiday period of up to two (2)
weeks to commence and end on dates set by the Vice Chancellor.
b) During such a period, Employees are required to take annual leave, or accrued time
off in lieu of overtime (TOIL), long service leave, days in lieu and, if authorised, time
accrued through a flexible working arrangement. Employees will only be authorised
to take unpaid leave during such periods if they have exhausted all available paid
leave entitlements.
c) The University may, in the interests of providing a seamless, quality service to its
students/customers, require certain Employees to work over the Limited-Service
Period provided work on public holidays is by request only.
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d) Where Employees work during this period, the days made available in Clauses
26.4(b) and 26.5 can be accessed at an alternative agreed time.
e) An employee who does not have sufficient accrued leave to cover a Limited-Service
Period and who does not have work available for that period will be entitled to take
annual leave in advance.
26.7 Optional Limited-Service Period
a) The University may designate an additional optional limited-service period at any
time during the year.
b) The University may request an Employee take annual leave during such periods.
c) Any leave taken during a designated optional limited-service period under this
subclause must be agreed between the Employee and the University.
26.8 The provisions of this clause will not apply to Casual Employees.
27 Long Service Leave
27.1 Accrual and payment of Long Service Leave
a) For the purposes of this clause, Casual Employees will receive Long Service Leave in
accordance with the Long Service Leave Act 1958 (WA) and the provisions of this
clause are only applicable to Full and Part-time Employees.
b) Employees will accrue a Long Service Leave entitlement on completion of the
following qualifying period of continuous service:
Cohort Period of
Continuous
Service
Leave Accrual Subsequent Period of
Continuous Service
Subsequent
Leave Accrual
Professional and ICL
Employees
(Part or Full Time)
7 years 13 weeks 7 years 13 weeks
Academic
Employees
(Part or Full Time)
10 years 13 weeks 7 years 13 weeks
c) All payments made in respect to Long Service Leave , or payment in lieu thereof, will
be at the substantive base salary or hourly rate of pay applicable to the Employee at
the date the leave commences or is paid out.
27.2 Taking of Long Service Leave
a) Subject to agreement with the University, to provide Employees with an opportunity to
use Long Service Leave in a way which best suits their individual circumstances, an
Employee may:
i) take Long Service Leave in shorter periods, including by the day;
Murdoch University Enterprise Agreement 2023 36 | P a g e
ii) take half their period of Long Service Leave and receive double the payment
they would have otherwise received;
iii) receive half the payment and take double the period of Long Service Leave
they would otherwise have been entitled to take; or
iv) receive pay in lieu of taking all or some of their Long Service Leave entitlement.
b) Long Service Leave will normally be taken as soon as possible after it becomes due and
taken at a time mutually agreed between the University and Employee.
c) For the avoidance of any doubt, if a Public Holiday falls during an approved period of Long
Service Leave, the Employee will not be required to take Long Service Leave for that day.
27.3 Access to Pro Rata Long Service Leave
a) A lump sum payment for pro rata Long Service Leave will be paid on termination where:
i) for all Employees: an Employee genuinely retires at or over the age of fifty-five
(55) and has completed at least twelve (12) months’ continuous service;
ii) for all Employees: an Employee’s employment ends due to reasons of ill health
subject to reasonable evidence and the Employee has completed at least five (5)
years of continuous service;
iii) for all Employees: an Employee has died and the Employee has completed at least
five (5) years continuous service (the entitlement to be paid out to the Employee’s
estate);
iv) for Academic or ICL Employees: an Employee has at least seven (7) years' but less
than 10 years’ continuous service and their employment is terminated for any
reason other than serious misconduct, however, the pro rata entitlement will be
calculated in accordance with the Long Service Leave Act 1958 (WA), rather than
this Agreement;
v) for Professional or Murdoch Active Employees: an Employee has at least seven (7)
years’ continuous service and their employment is terminated for any reason.
28 Parental Leave
28.1 Employees will be entitled to unpaid parental leave and related entitlements in
accordance with Part 2-2 of the Fair Work Act.
In addition to the entitlements, where in the Fair Work Act, an Employee qualifies for the
unpaid parental leave in Clause 28.1, they will be entitled to paid leave in accordance with
following table:
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Types of Parental Leave Purpose of the Leave
Maximum Duration
for 12 months service
Eligible Employees
Paid Parental Leave To be the Primary Caregiver of
a new child.
Twenty-six (26) weeks Employees must have
competed twelve (12)
months’ continuous
service by the date of
birth or adoption of the
child. Casual Employees
are not entitled to paid
leave.
Paid Adoption Leave To be the Primary Caregiver of
a new child.
Twenty-six (26) weeks
Paid Partner Leave Available to non-primary
caregiver.
Twenty (20) days
a) Paid leave entitlements will commence on either the first working day after the
birth or adoption of the child and will be paid to the Employee on the usual
fortnightly basis, noting that paid parental leave can commence earlier when one
of the following apply:
(i) A pregnant Employee any time within six (6) weeks before the expected
date of birth of their child; or
(ii) A pregnant Employee up to twenty (20) weeks prior to the expected date
of birth where a registered health practitioner certifies that absence from
work is necessary on medical grounds;
b) Or later when the following applies:
(i) A Primary Caregiver, other than a pregnant Employee, with an
entitlement to paid parental leave pursuant to Clause 28.2; within
twenty six (26) weeks following the date of birth or placement of the
child.
c) If a pregnant Employee wants to work in the six (6) weeks before the expected date
of birth the University may request a medical certificate that states:
(i) they can continue to work; and
(ii) it’s safe for them to do their normal job.
d) Paid parental or adoption leave can be taken at half pay for up to fifty-two (52)
weeks, as agreed between the University and the Employee.
e) Employees receiving payments under this clause will not be entitled to receive such
payments if the Employee's partner is receiving payments as a Primary Caregiver.
f) An Employee employed on a fixed term contract is entitled to parental leave under
this clause, however the period of leave granted shall not extend beyond the term
of that contract.
g) To be eligible for second and subsequent period of paid parental leave, an
Employee must return to work on each occasion for a qualifying period of at least
twelve (12) months continuous service.
h) If an Employee has changed from Full time to Part time or vice versa, any second
and subsequent paid leave entitlement will be based on an average weekly
Murdoch University Enterprise Agreement 2023 38 | P a g e
ordinary hours for the previous twelve (12) months.
i) If the pregnancy of an Employee results in a medically defined late pregnancy
miscarriage, a stillbirth, or a perinatal death, the pregnant Employee retains an
entitlement to take up to fourteen (14) weeks paid parental leave.
(i) This paid parental leave is subject to the Employee providing a certificate
from an appropriate registered health practitioner stating that the
Employee is unfit to return to work, and specifying the period for which
they are unfit to return to work.
(ii) For the avoidance of doubt, this entitlement to paid parental leave is
separate to any entitlement to Personal Leave.
28.2 The paid and unpaid parental leave entitlement may be shared between Employee Couples
assuming the role of Primary Caregiver in accordance with the relevant University policy, as
amended from time to time.
28.3 Where an Employee utilises paid parental or adoption leave and paid partner leave, the
maximum payment to the Employee will not exceed twenty-six (26) weeks’ pay.
28.4 Employees with less than twelve (12) months continuous service may apply to take up fifty-
two (52) weeks of special unpaid parental leave in accordance with the relevant University
policy, as amended from time to time.
28.5 Where an Employee takes paid parental or adoption leave in accordance with this clause, the
twenty-six (26) week paid period will run concurrently with the Employee's entitlement to
unpaid parental leave under the Fair Work Act.
28.6 Transfer to a Safe Position
a) If illness, risks arising out of pregnancy, or hazards connected with the work
assigned to the Employee make it inadvisable for the pregnant Employee to
continue in her present duties:
(i) the duties will be modified; or
(ii) the Employee may be transferred to a safe position at the same
classification level until the Employee commences Parental Leave.
b) The University and the pregnant Employee will comply with the requirements set
out in the NES relating to Transfer to a Safe Position.
28.7 Partner Leave
a) An Employee who is not a Primary Caregiver is entitled to a period of paid partner
leave listed in Clause 28.2.
b) If an Employee’s partner has a pregnancy that terminates, gives birth to a stillborn
child or the child dies following the birth, the Employee is entitled to such a period
of paid personal leave or unpaid leave for a period certified as necessary by a
registered medical practitioner, subject to availability of such leave.
28.8 Return to Work
a) An Employee returning to work from parental leave is entitled to return to their pre-
parental leave position or where that position no longer exists an available position
for which the Employee is qualified and suited nearest in status and pay to their pre-
Murdoch University Enterprise Agreement 2023 39 | P a g e
parental position.
b) Employees returning from parental leave have the right to request flexible working
arrangements (this can include seeking part time work). Any such requests will be
managed in accordance with the relevant provisions of the Fair Work Act. Such
requests must be made at least six (6) weeks prior to the expected return date.
c) An Employee who has returned to work on a part time basis may revert to full time
employment at the same classification level within twelve (12) months of returning
from parental leave. The University and an Employee may agree to set a fixed date
for the Employee to revert to full time employment within the twelve (12) month
period.
28.9 Child Rearing Leave
a) In addition to any other form of parental leave, a further fifty-two (52) weeks child
rearing leave without pay may be granted by the University to an Employee for the
purpose of the primary care of pre-school age children up to the age of six (6) years.
b) A request for child rearing leave must be made in writing at least three (3) months
in advance of the planned commencement of such leave.
28.10 Paid parental leave counts as service with the University. Unpaid parental leave will not
break the continuity of service however will not count towards service-based
entitlements within this Agreement.
28.11 Casual Employees will not be entitled to the paid leave entitlements in this clause.
29 Other Leave
29.1 Study Leave (Professional Employees only)
a) Full time Professional Employees may apply for paid study leave of up to five (5)
hours per week (inclusive of travelling time) to attend lectures, tutorials,
laboratory practicals and examinations of an approved course of study held
during normal working hours. Part time Employees are entitled to a pro-rata
entitlement.
b) Casual Employees are not entitled to Study leave.
c) Study Leave is subject to:
(i) the relevant University policy, as amended from time to time;
(ii) the Professional Employee undertaking an acceptable study load in their
own time;
(iii) the Professional Employee making satisfactory progress with their
studies; and
(iv) the course of study being relevant to the Professional Employee's career
development and of substantial value to the University.
d) For the purposes of this clause, approved courses of study are:
(i) Degree and/or Diploma courses conducted by an accredited University;
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(ii) Diploma and/or Certificate courses conducted by the Vocational
Educational Training providers; and
(iii) Such other courses and /or subjects as approved by the University.
29.2 Cultural and Ceremonial Leave
a) Full-time Employees (pro rata for Part-time) who identify, and are accepted, as
members of First Nations communities will be entitled to:
(i) paid leave up to a maximum of five (5) working days per calendar year;
and
(ii) leave without pay of up to a maximum of ten (10) working days per
calendar year.
b) The leave is to be used for the purposes of fulfilling ceremonial obligations of a
traditional or urban nature and may include relevant cultural events, NAIDOC
week, initiation, birthing and naming, funerals and smoking or cleansing and
sacred site or land ceremonies.
c) Employees must provide their immediate supervisor with notice of the need to
take the leave and outline the nature and length of the leave required.
d) If the leave entitlement in Clause 29.2(a) is not used during the relevant calendar
year, it does not accumulate from year-to-year.
29.3 International Sports Leave
a) A Full-time Employee (pro-rata for Part-time) may be granted by their immediate
supervisor up to a maximum of ten (10) days special paid leave per year if required
to attend a sporting event due to being chosen to represent Australia as a
competitor or as an official, provided that the event must be a recognised
international sport of national significance and/or a world/international
competition.
29.4 Jury Service
a) Employees will be paid where they are required to attend jury service during their
ordinary hours of work. However, the University will only pay the difference
between the Employee's normal salary for their ordinary hours of work and the
amount they receive from the Court.
29.5 Defence Forces Reserve Training
a) An Employee is entitled to paid leave to participate in Defence Force Reserve
Training. A Full-time Employee (pro-rata for Part-time) can access up to:
(i) a maximum ten (10) days paid leave per annum; and
(ii) any additional unpaid leave in accordance with the relevant University
policy, as amended from time to time.
b) At least four (4) weeks prior to the training commencing, the Employee will provide
the written notice from the Defence Force of the need for them to attend.
c) An Employee accepted as a member of the Defence Force Reserves, or the cadet
force must inform the University in writing as soon as practicable.
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29.6 Leave for Defence Forces Service
a) An Employee is entitled to take a period of unpaid leave for the purpose of fulfilling
defence forces service as required by relevant legislation.
29.7 Emergency Services Leave
a) An Employee may be granted paid leave to participate in a voluntary emergency
management activity (as defined in the Fair Work Act).
b) An Employee who is a member of a recognised emergency management body (as
defined in the Fair Work Act) must inform the University in writing as soon as
practicable after they commence employment with the University.
c) If an Employee wishes to take leave to participate in a voluntary emergency
management activity, they must inform the University as soon as practicable the
reason for the absence and the likely length of the absence and may be required
to provide evidence that they will be engaging in a voluntary emergency
management activity.
29.8 Short Leave (Professional Employees only)
a) Short Leave can be taken for matters of a personal and pressing nature, which arise
without notice and require immediate attention.
b) Professional Employees to take short leave, must request to take the leave, which
will be reviewed by a Head of a School or Business unit.
c) The leave will only be granted where there is sufficient case for the need to take the
leave and the University agrees.
d) Short leave will not exceed two (2) consecutive paid working days or three (3) paid
days in a calendar year.
e) Part-time Professional Employees will receive short leave on a pro-rata basis. Casual
Employees are not entitled to short leave.
29.9 Leave Without Pay
a) Subject to operational requirements and approval by the University, Employees
may request to take a period of leave without pay to enable an extended period of
absence from the workplace if their paid leave is insufficient to cover the period.
This clause does not apply to Casual Employees
29.10 Gender Affirmation Leave
a) The University celebrates diversity and is committed to the promotion of inclusion
and belonging. The University will support Employees who are affirming their
gender (also but not only referred to as transitioning) in the workplace in a safe,
positive, and inclusive manner.
b) Employees are encouraged to consult with their Leader in the first instance to
discuss a plan for their gender affirmation leave. Alternately, if they do not feel
comfortable in doing so, People and Culture can be contacted for assistance. All
requests for gender affirmation leave will be treated with utmost confidentiality.
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c) All Employees, including Part time and Casual Employees, will be entitled to access
thirty (30) days of paid leave per calendar year for gender affirmation leave
purposes. This leave is non-accruing and is provided in addition to other
entitlements afforded to staff.
d) For clarification casual employees will receive up to 30 days paid leave based on
their rostered work pattern.
e) Leave may be taken for any reason related to gender affirmation including but not
limited to:
i) Attending medical appointments
ii) Attending counselling
iii) Receiving medical or surgical procedures
iv) Surgery recovery
v) Updating legal and identification documents
vi) Any other reason relating to supporting the affirmation of an Employee
f) The University may require supporting documentation for leave applications.
g) Nothing in this clause precludes an Employee from accessing other paid leave
entitlements such as personal leave should they exhaust their entitlement under
this clause.
h) In addition to the above, the University will support Employees who are
undertaking gender affirmation by updating relevant University records and
information as permitted by law.
29.11 Volunteer Leave
a) Full-time Employees will be eligible for up to two (2) paid days per calendar year to
be used for volunteering purposes when selected from the prescribed list of
volunteering for the University where appropriate.
b) This leave is non-cumulative and must be agreed with the supervisor prior to being
taken.
c) Part-time Employees are entitled to pro-rated volunteer leave.
d) Casual Employees are not entitled to this leave.
30 Termination of Employment
30.1 Either the University or an Employee may terminate the employment by providing written
notice (or payment in lieu of notice, or a combination of notice and payment in lieu of notice)
of:
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Employment Type Notice Period
Casual Professional Employee One (1) hour
Casual Academic Employee One (1) day
Probation Employee
(6 months or less continuous service)
Two (2) weeks
Continuous and Fixed Professional Employee with
greater than six (6) months continuous service (Full
time or Part time)
Four (4) weeks
Continuous Academic Employees Three (3) months or the end of the
teaching period, whichever is
greater.
30.2 The University will be required to provide Employees (other than Casual Employees) an
additional week of notice to Employees aged forty-five (45) years of age or older who have
completed at least two (2) years continuous service with the University.
30.3 A period of notice given by an Employee who has terminated their employment can only
be reduced by agreement with the University.
30.4 If the Employee does not provide the required notice in this clause, the University may
withhold an amount in lieu of the remaining period of notice from any monies otherwise
owing to the Employee as permitted by law.
30.5 Nothing in this clause prevents the University terminating an Employee’s
employment without notice for serious misconduct.
30.6 On termination of employment, or earlier during the notice period on request, Employees
must return all the company property to the University.
31 Redeployment and Redundancy
31.1 Redundancy occurs when the Employee’s employment is terminated at the initiative of the
University because the University no longer requires the job done by the Employee to be
done by anyone, except where this is due to the ordinary and customary turnover of labour.
The University will make all reasonable efforts to ensure involuntary redundancy will be an
option of last resort. The University will comply with its consultation obligations in
accordance with Clause 36 – Consultation, in the event of Redundancy.
31.2 In appropriate circumstances, the University may choose to seek expressions of interest from
Employees to volunteer for redundancy before moving to an involuntary redundancy process.
31.3 This clause does not apply to Employees with less than twelve (12) months continuous
service, Probationary Employees, Fixed term Employees, or Casual Employees.
31.4 Redeployment and Retraining
a) The University will redeploy an Employee into a suitable alternate role that the Employee
is capable of performing and the Employee will not unreasonably refuse such
redeployment.
b) An Employee may need to undergo reasonable retraining as part of any redeployment.
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c) Where there is more than one redeployee suited to an available role, a fair and
transparent selection process will take place and be confined to the relevant redeployee
cohort.
d) Redeployment provisions apply to all ongoing Employees, including those with less than
twelve months’ service and probationary Employees.
e) Where the University offers an Employee:
(i) Suitable Alternative Employment; or
(ii) a lesser position with a lower classification and lower salary and the
Employee accepts the lesser position,
subject to the requirements in the Fair Work Act, the Employee will not be entitled to the
severance payments outlined in clause 31.8.
31.5 For Professional Employees who accept the position offered under clause 31.4 (e)(ii):
a) the Employee will have their pre-redeployment substantive base salary rate maintained
(with any applicable salary increase and step progression) for a period of twelve (12)
months from the date that the Employee is advised in writing that their position is
redundant; and
b) After the twelve (12) months has concluded, the Employee’s salary will be set at the
applicable classification level and step of the redeployment position.
31.6 In the event of an Employee’s employment being terminated due to redundancy, the
University will give at least fourteen (14) days’ advance written notice of redundancy to an
affected Employee, including outlining the reason(s) for the redundancy.
a) In these circumstances, an Employee may request to terminate their employment
immediately during this period of notice of redundancy. Subject to agreement with the
University, the Employee’s employment will terminate and they will receive severance
payments in accordance with clause 31.8.
31.7 Employees are entitled to be represented by their Employee representative throughout this
process.
31.8 Severance Payments
Where an Employee has been notified in writing that their employment will be terminated
due to redundancy, the Employee will be entitled to the following:
a) Termination Notice
(i) For Academic Employees: twenty-six (26) weeks’ pay in lieu of notice.
(ii) For Professional Employees employed prior to the commencement date of
the 2018 Agreement: twenty-six (26) weeks’ pay in lieu of notice; or
(iii) For Professional Employees employed on or after the commencement date
of the 2018 Agreement: thirteen (13) weeks’ pay in lieu of notice.
b) By mutual agreement, an Employee may work part or all of the period of notice,
with any balance of the unused notice period paid out in lieu on termination.
c) The termination notice provided for in this sub-clause is in lieu of any period of
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termination notice provided in Clause 30 Termination of Employment.
d) Redundancy Payments
In addition to the termination notice in Clause 31.8(a), an Employee will receive a
redundancy payment based on three (3) weeks’ pay for each completed year of
service to a maximum of:
(i) Fifty-six (56) weeks’ pay for Academic Employees; or
(ii) Sixty-three (63) weeks’ pay for Professional Employees employed prior to the
commencement date of the 2018 Agreement; or
(iii) Fifty-six (56) weeks‘ pay for Professional Employees employed on or after the
commencement date the 2018 Agreement.
e) Leave Entitlements
(i) An Employee will also receive payment for accrued and pro-rata annual
leave including applicable leave loading.
(ii) Employees with three (3) years’ service or more will be eligible for pro-rata
Long Service leave entitlements.
f) Calculation of Payments
All payments under this clause are based on an Employee's substantive base salary
rate of pay, at the time of termination of employment.
32 Misconduct / Serious Misconduct
32.1 Misconduct includes, but is not limited to:
a) negligence in the performance of an Employee’s duties; or
b) misbehaviour; or
c) refusal to carry out a lawful and reasonable instruction; or
d) unauthorised absence; or
e) a breach of the University’s Staff Code of Conduct and Code of Ethics, policies or
procedures, as amended from time to time.
32.2 Serious Misconduct includes, but is not limited to:
a) wilful or deliberate behaviour that is inconsistent with the continuation of an
Employee’s employment; or
b) conduct that causes an imminent and serious risk to the health and safety of a person,
animal or environment, except where the Employee is able to show that, in the
circumstances the conduct engaged in by the Employee was not conduct that was
unreasonable; or
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c) the Employee in the course of the Employee’s employment engaging in theft, fraud or
assault; or
d) the Employee being intoxicated at work; or
e) circumstances where the Employee has engaged in repeated misconduct; or
f) a serious breach of the Research Code.
32.3 The University can take disciplinary action against an Employee for misconduct or
serious misconduct.
32.4 The University will not make a finding of Serious Misconduct against an Academic Employee
if they were validly exercising their academic freedom in accordance with Clause 14.3 of
this Agreement:
a) where an Employee is alleged to have engaged in misconduct and/or serious
misconduct and the University decides to pursue the allegations, the University will
inform the Employee of the allegations;
b) conduct an investigation where the Employee is provided with a reasonable
opportunity to respond to the allegations; and
c) at the conclusion of any investigation provide the Employee with a summary of
findings letter.
32.5 At any time during the investigation process the Employee may be suspended with pay or
directed to perform suitable alternative duties.
32.6 Upon completion of an investigation, the University will consider the findings and determine
what disciplinary action, if any, is to be taken.
32.7 If the University is satisfied that an Employee has engaged in misconduct and/or serious
misconduct, it may take such disciplinary action as it considers appropriate in the
circumstances. The University may determine the appropriate course of disciplinary action,
which will be notified to the Employee. Such disciplinary action may include but is not limited
to:
a) providing the Employee with a formal written warning / censure; or
b) termination of employment (only in cases of serious misconduct).
32.8 Nothing in this clause precludes the University from terminating the employment of an
Employee without notice for serious misconduct.
32.9 Independent review
a) Where the University is considering termination of employment for misconduct or
serious misconduct, the Employee may lodge a request for independent review within
two (2) working days of receiving notice of the University's intention to terminate their
employment.
b) If the Employee lodges a request for independent review, the University will refer the
matter to an independent reviewer.
c) During the independent review process, the Employee will remain employed on a
period of unpaid leave.
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d) A pool of external independent reviewers will be agreed between the University and
the NTEU. The selection of a reviewer from this pool will be agreed with NTEU on each
relevant occasion, within five (5) working days of the Employee lodging their review.
e) The University will provide a written brief to the independent reviewer, with
associated documents, supporting the University's proposal to terminate the
employment of the Employee, within five (5) days of the parties agreeing who is
conducting the review.
f) The Employee will provide a written brief to the independent reviewer, with
associated documents, supporting the Employee's position as to why their
employment should not be terminated, within five (5) days of the University
submitting its brief to the independent reviewer.
g) The independent reviewer will then consider the briefs and materials provided by the
Employee and the University. In considering the materials, the independent reviewer
will determine whether or not the briefs and materials show:
(i) there is a valid reason for termination of employment,
(ii) the University has provided the Employee with procedural fairness, and
(iii) termination of employment would be a fair outcome.
h) In conducting their review, the independent reviewer will not be required to speak to
witnesses and will make a determination based on the materials provided by the
Employee and the University.
i) The independent reviewer will provide a report to the University and the Employee
within seven (7) days of receiving the brief and materials from the Employee. In
certain complex instances, the independent reviewer may request an extension of
time for providing their report.
j) Once the independent reviewer has provided their report, the University will make a
decision on whether terminating the Employee's employment would be appropriate
in the circumstances.
k) Where the University decides against termination of employment the Employee will
be reinstated to their position and paid all salary forgone during the period of
suspension without pay.
32.10 The provisions of this clause 32 do not apply to Casual or Probationary Employees.
33 Unsatisfactory Performance
33.1 If an Employee is not meeting and maintaining performance expectations, the University
can take action to remedy unsatisfactory or poor performance.
33.2 The University will make reasonable attempts to assist an Employee to improve
their performance. Without limitation, such measures might include:
a) discussing the matter informally with the Employee; and / or
b) placing the Employee on a performance improvement plan; and / or
c) arranging formal performance counselling for the Employee; and / or
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d) directing the Employee to undertake training or professional development.
33.3 The University will advise the Employee of the measure(s) to assist the Employee to improve
their performance, the areas to improve and the timeframes to improve.
33.4 If the Employee does not or is unwilling to improve their performance within a reasonable
timeframe, or the University considers that an Employee’s unsatisfactory performance
warrants disciplinary action, the University will:
a) advise the Employee of where it believes the Employee's performance has been
unsatisfactory and provide the Employee an opportunity to respond to the
concerns prior to making any disciplinary decision;
b) consider the Employee's response to the unsatisfactory performance issues raised
including any relevant mitigating circumstances; and
c) provide the Employee with advance notice of any disciplinary meeting(s) and the
opportunity to have a support person to be present.
33.5 Where the University determines disciplinary action is warranted for unsatisfactory
performance, the University may:
a) provide the Employee with a formal written warning / censure; and / or
b) terminate the Employee's employment with notice in accordance with the
Employee’s instrument of employment.
33.6 Independent review
a) Where the University is considering termination of employment for poor
performance, the Employee may lodge a request for independent review within
two (2) working days of receiving notice of the University's intention to terminate
their employment.
b) If the Employee lodges a request for independent review, the University will refer the
matter to an independent reviewer.
c) During the independent review process, the Employee will remain employed on a
period of unpaid leave.
d) A pool of external independent reviewers will be agreed between the University and the
NTEU. The selection of a reviewer from this pool will be agreed with NTEU on each
relevant occasion, within five (5) working days of the Employee lodging their review.
e) The University will provide a written brief to the independent reviewer, with
associated documents, supporting the University's proposal to terminate the
employment of the Employee, within five (5) days of the parties agreeing on an
independent reviewer.
f) The Employee will provide a written brief to the independent reviewer, with
associated documents, supporting the Employee's position as to why their
employment should not be terminated, within five (5) days of the University
submitting its brief to the independent reviewer.
g) The independent reviewer will then consider the briefs and materials provided by the
Employee and the University. In considering the materials, the independent reviewer
will determine whether or not the briefs and materials show:
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(i) there is a valid reason for termination of employment,
(ii) the University has provided the Employee with procedural fairness, and
(iii) termination of employment would be a fair outcome.
h) In conducting their review, the independent reviewer will not be required to speak to
witnesses and will make a determination based on the materials provided by the
Employee and the University.
i) The independent reviewer will provide a report to the University and the Employee
within seven (7) days of receiving the brief and materials from the Employee. In certain
complex instances, the independent reviewer may request an extension of time for
providing their report.
j) Once the independent reviewer has provided their report, the University will make a
decision on whether terminating the Employee's employment would be appropriate
in the circumstances.
k) Where the University decides against termination of employment the Employee will
be reinstated to their position and paid all salary forgone during the period of
suspension without pay.
33.7 The provisions of this clause 33 do not apply to Casual or Probationary Employees.
34 Dispute Resolution Procedure
34.1 If a dispute arises about any matters arising under this Agreement or in relation to the
NES, the following procedure will be followed:
a) In the first instance, as soon as it is practicable:
(i) In the case of a dispute initiated by an Employee, the Employee will raise
the concern(s) with their immediate supervisor.
(ii) In the case of a dispute initiated by the NTEU, the NTEU will raise the
concern with the appropriate member of the University's People & Culture
team.
(iii) The Employee or the NTEU will put the concern(s) in writing.
(iv) The parties will make a genuine attempt to promptly resolve the matter
within five (5) working days, or a different timeframe as agreed.
b) If the concern(s) are not resolved by the immediate supervisor or appropriate
member of the People & Culture team, the concern will be referred to the
supervisor once removed. The parties will make a genuine attempt to promptly
resolve the matter within five (5) working days, or a different timeframe as
agreed.
c) If the above procedure is followed and the concern continues to remain
unresolved (for either party), the matter will be referred to the Senior Manager
of Employee Relations for further assistance and resolution. The parties will make
a genuine attempt to promptly resolve the matter within five (5) working days, or
a different timeframe as agreed.
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d) If the dispute is not settled, it can be referred, by either party, to the Fair Work
Commission for conciliation only after steps in 34.1(a), (b) and (c) have been
followed and a minimum of fifteen (15) working days have passed since the
commencement of the dispute. If the dispute is not referred to the Fair Work
Commission within five (5) days after the fifteen (15) days have past, the
dispute will lapse.
e) The parties are committed to resolving the dispute by conciliation.
f) Once conciliation has occurred, and if the dispute continues to be
unresolved, either party may request for the Fair Work Commission to
arbitrate the dispute once the parties have exhausted all attempts to
conciliate an agreed outcome.
g) While the parties are trying to resolve the dispute using the procedures in
this clause:
(i) an Employee will continue to perform their work as they would normally
unless they have a reasonable concern about an imminent risk to their
health or safety; and
(ii) an Employee will comply with a direction given by the Employer to perform
other available work unless:
A. the work is not safe; or
B. applicable workplace health and safety legislation would not permit
the work to be performed; or
C. the work is not appropriate for the Employee to perform; or
D. there are other reasonable grounds for the Employee to refuse to
comply with the direction.
34.2 At any stage during this procedure, either party to the dispute may be represented by
a representative of their choosing.
35 Individual Flexibility Agreement
35.1 The University and an Employee covered by this Agreement may agree to make an
individual flexibility arrangement to vary the following terms of the Agreement:
a) arrangements about when work is performed for a Professional Employee;
b) overtime rates for a Professional Employee;
c) penalty rates for a Professional Employee;
d) allowances; and/or
e) leave loading.
The arrangement must meet the genuine needs of the University and the Employee in
relation to 1 or more of the matters mentioned above and must be genuinely agreed to
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by the Employer and Employee.
35.2 The University must ensure that the terms of the individual flexibility arrangement:
a) are about permitted matters under section 172 of the Fair Work Act; and
b) are not unlawful terms under section 194 of the Fair Work Act; and
c) result in the Employee being better off overall than the Employee would be if
no arrangement was made.
35.3 The University must ensure that the individual flexibility arrangement:
a) is in writing; and
b) includes the name of the Employer and Employee; and
c) is signed by the Employer and Employee and if the Employee is under 18 years
of age, signed by a parent or guardian of the Employee; and
d) includes details of:
(i) the terms of the Agreement that will be varied by the arrangement;
and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms
and conditions of his or her employment as a result of the
arrangement; and
e) states the day on which the arrangement commences.
35.4 The University must give the Employee a copy of the individual flexibility arrangement
within fourteen (14) days after it is agreed to.
35.5 The University or Employee may terminate the individual flexibility arrangement:
a) By giving no more than twenty-eight (28) days written notice to the other party
to the arrangement; or
b) if the University and the Employee agree in writing – at any time.
36 Consultation
36.1 This clause has application where the University decides to introduce a major change to
production, program, organisation, structure or technology in relation to its enterprise that
is likely to have a significant effect on the Employees; or proposes to introduce a change to
the regular roster or ordinary hours of work of Employees.
36.2 For the purpose of this clause:
a) Employees may appoint an Employee representative, which can include the
NTEU. The University will recognise the representative once advised by the
Employee for the purposes of the process outlined in this clause; and
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b) The University is not required to disclose any confidential or commercially
sensitive information to relevant Employees, or the Employee's representative.
c) Significant effects are:
(i) redundancy;
(ii) changes to the composition, operation or size of the University's
workforce (including a School, Business unit or work area);
(iii) job restructuring;
(iv) the loss of continuing employment;
(v) the need for significant skills retraining; or
(vi) the transfer of Employees to another campus.
provided that where this Agreement makes provision for variation of any of these matters,
the variation is deemed not to have significant effect.
36.3 Major Change
a) The University must notify the relevant Employees and the NTEU of a
definitive proposal to introduce the major change that is likely to have a
significant effect on the Employees.
b) For the purposes of this clause, a definitive proposal means a written proposal to
introduce a major change within the University which the University Senior
Leadership Team, or its approved nominee, has formally approved. A definitive
proposal does not include discussions, ideas or thoughts about possible change,
c) As soon as practicable after making its decision as per Clause 36.3(a) to introduce
major change, the University must discuss with the relevant Employees the
introduction of the change, the effect the change is likely to have on the Employees
and any measures it is taking to avert or mitigate the adverse effects of the change
on the Employees.
d) The University will allow a reasonable time for consultation and give prompt and
genuine consideration to matters raised about the major change by the relevant
Employees and their Representative(s). Timeframes for consultation will be no less
than five (5) working days and no more than twenty (20) working days. These
timeframes can be altered with agreement between the University, relevant
Employees and their nominated Representative(s), or at its discretion the University
can set a longer timeframe for consultation if it so chooses. In setting the timeframes
the University will have regard to the scale and complexity of the change involved.
e) For the purposes of the discussion, the University will provide to the relevant
Employees:
i) all relevant information about the change (subject to Clause 36.2(b), including
the nature of the change proposed;
ii) any proposed changes to staffing, work operations, or modes or scheduling of
teaching delivery;
iii) how required remaining work will be reasonably accommodated consistent
with work health and safety obligations;
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iv) information about the expected effects of the change on the Employees; and
v) any other matters likely to affect the Employees.
f) The University will genuinely consider the matters raised about the major change
by the relevant Employees and their nominated representatives before
implementation of the major change.
36.4 Change to regular roster or ordinary hours of work
a) The University must notify the relevant Employees of the proposed change to their
regular roster or ordinary hours of work.
b) As soon as practicable after proposing to introduce the change, the University must
discuss with the relevant Employees the introduction of the change.
c) For the purposes of the discussion, the University will provide the relevant
Employees:
i) All relevant information about the change, including the nature of the
change proposed; and
ii) Information about the expected effects of the change on the Employees.
d) The University must invite the relevant Employees to give their views about the
impact of the change (including any impact in relation to their family or caring
responsibilities).
e) The University must give prompt and genuine consideration to matters raised
about the change by the relevant Employees before implementing a final decision
about the change.
36.5 Relevant Employees means the Employees who may be affected by a change in Clause 36.1.
37 Union Matters
37.1 Accredited Union Representatives
a) Employees authorised by NTEU will, upon notification to the Chief People Officer
, be recognised as Accredited Union Representatives. The number of accredited
Union representatives will be limited to a number agreed to by the University
and the NTEU.
37.2 Workplace Engagement Group
a) The Workplace Engagement Group will meet at least quarterly to discuss
matters arising from this Agreement including:
(i) workplace issues arising from this Agreement from time to time;
(ii) policies referenced in this Agreement;
(iii) by agreement, significant human resource policy initiatives
affecting conditions of employment; and
(iv) other matters as raised by either party.
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b) This group will be made up of up to three (3) University appointed
representatives and up to three (3) Accredited Union Representatives.
c) The NTEU will advise the names and role of the Accredited Union
Representatives a minimum forty-eight (48) hours prior to the meeting.
37.3 Either party may request to bring more than three (3) representatives in light of the nature of
the issue to be discussed and any such request shall not be unreasonably refused. This does
not include invited or nominated guests attending in a non-representative capacity by
agreement between the parties.
37.4 Union Business
a) Employee union representatives accredited by the Union will, in consultation
with their manager or supervisor, be entitled to a reasonable release from
normal duties, without loss of pay, to:
i) consult, liaise or negotiate with nominated representatives on matters of
concern to union members; and
ii) consult, liaise or negotiate with union members.
b) An Employee who has been appointed as a union representative will be
allowed reasonable time off during working hours to represent members of
their union in regard to processes and matters under this Agreement.
c) Agreed arrangements for NTEU elected officer time release (0.2FTE unless
otherwise agreed) will be documented through an exchange of letters between
the University and NTEU. The NTEU will provide reasonable advance notice of
the proposed distribution and commencement of the time release between the
elected officer positions, including any variations.
d) All union members will be able to participate in union meetings if they choose.
e) The University will reasonably endeavour to ensure union members can access
accredited union officials during ordinary working hours.,
f) No Employee will be disadvantaged as a result of union activities conducted in
accordance with responsibilities incurred due to bargaining for, or
implementation of, an enterprise agreement.
g) Information about the NTEU will form part of online Employee inductions.
h) The NTEU agrees that meetings will be organised at times of least disruption to
the University’s operations.
i) The provisions of this clause will not apply to Casual Employees.
37.5 Union Training Leave
a) A full-time Accredited Union Representative (pro-rata for Part-time Employees) with
twelve (12) months' continuous service with the University will, subject to the
provisions of this clause and the operational requirements of the University, be
granted up to five (5) days paid leave in any calendar year, or ten (10) days paid leave
in a two (2) year period to attend NTEU training courses or seminars.
b) Leave will be granted at the Employee's ordinary rate of pay.
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c) Where a public holiday or rostered day off falls during the duration of the course, a
day off in lieu of that day will not be granted.
d) An application by an Employee will be submitted to the Dean/Director for approval
at least four (4) weeks before the commencement of the course, provided that the
Dean/Director may agree to a lesser period of notice.
e) All applications for leave will be accompanied by a statement from the NTEU
indicating that the Employee has been nominated for the course. The application
must provide details as to the subject, commencement date, length of course,
venue and the authority that is conducting the course.
f) The University will not be liable for any expenses associated with an Employee’s
attendance at union training courses.
g) Leave granted in accordance with this clause will include any reasonable travelling
time immediately before or after the course.
h) This clause does not apply to Casual Employees.
37.6 Payroll Deduction
a) Upon the written request of an Employee, the University will deduct union
membership fees from the Employee’s salary. There shall be no charge to the
Employee or the NTEU for this service. This arrangement may be terminated by
either the Employee or the NTEU by two (2) weeks written notice to the University.
38 Outsourcing
38.1 The University will consult with the Workplace Engagement Group if a new outsourcing proposal
is under consideration and will genuinely consider the NTEU’s views before the proposal is
released under the workplace change provisions.
39 Grievance Procedure
39.1 All Employees have a right to express any genuine grievance(s) which may arise in the
workplace, and they will be appropriately addressed. The University is committed to
ensuring workplace grievances are resolved in a manner appropriate to the circumstances.
39.2 Grievances will be addressed through a simple, fair and transparent process which ensures,
so far as is reasonably practicable, that:
a) All Employees have an avenue to raise grievances including but not limited to
bullying, harassment or discrimination;
b) All parties are afforded natural justice and procedural fairness;
c) All parties have the opportunity to access appropriate supports to address the
impact and effects of unacceptable behaviour in the workplace;
d) Matters are addressed promptly and confidentially, as appropriate to the
circumstances;
e) The Employee is advised in writing of the reasons for any delays in finalisation of
the process; and;
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f) Key outcomes and communications are appropriately documented and filed.
39.3 The University will maintain a Grievance Policy and Procedure consistent with the provisions
set out in this clause.
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Schedule 1 – Annual Base Salary (Professional Employees)
First full pay period on or after:
3% 2% 2% 2% 2% 2%
Level Step 1/01/2024 1/07/2024 1/01/2025 1/07/2025 1/01/2026 1/07/2026
1 10 $51,765 $52,801 $53,857 $54,934 $56,032 $57,153
20 $53,457 $54,527 $55,617 $56,729 $57,864 $59,021
30 $55,155 $56,258 $57,383 $58,531 $59,701 $60,895
2 10 $56,851 $57,988 $59,148 $60,331 $61,538 $62,768
20 $57,701 $58,855 $60,032 $61,233 $62,457 $63,707
30 $58,549 $59,720 $60,914 $62,132 $63,375 $64,642
3 10 $59,680 $60,874 $62,091 $63,333 $64,600 $65,892
20 $61,374 $62,602 $63,854 $65,131 $66,434 $67,762
30 $63,067 $64,328 $65,614 $66,927 $68,265 $69,631
40 $64,767 $66,063 $67,384 $68,731 $70,106 $71,508
50 $66,464 $67,793 $69,149 $70,532 $71,942 $73,381
4 10 $67,757 $69,112 $70,494 $71,904 $73,342 $74,809
20 $70,019 $71,420 $72,848 $74,305 $75,791 $77,307
30 $72,279 $73,725 $75,199 $76,703 $78,237 $79,802
40 $73,702 $75,176 $76,680 $78,213 $79,778 $81,373
50 $74,280 $75,765 $77,281 $78,826 $80,403 $82,011
5 10 $74,460 $75,949 $77,468 $79,017 $80,598 $82,210
20 $77,283 $78,828 $80,405 $82,013 $83,653 $85,326
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30 $80,107 $81,709 $83,344 $85,010 $86,711 $88,445
40 $82,935 $84,594 $86,286 $88,012 $89,772 $91,567
6 10 $84,239 $85,924 $87,643 $89,396 $91,183 $93,007
20 $86,497 $88,227 $89,992 $91,792 $93,627 $95,500
30 $88,761 $90,536 $92,346 $94,193 $96,077 $97,999
40 $91,023 $92,843 $94,700 $96,594 $98,526 $100,496
7 10 $92,105 $93,947 $95,826 $97,743 $99,697 $101,691
20 $94,935 $96,834 $98,771 $100,746 $102,761 $104,816
30 $97,759 $99,714 $101,708 $103,743 $105,817 $107,934
40 $101,478 $103,508 $105,578 $107,690 $109,844 $112,040
8 10 $105,674 $107,787 $109,943 $112,142 $114,385 $116,672
20 $109,631 $111,824 $114,060 $116,342 $118,668 $121,042
30 $114,720 $117,015 $119,355 $121,742 $124,177 $126,661
40 $119,241 $121,626 $124,059 $126,540 $129,071 $131,652
50 $120,939 $123,358 $125,825 $128,341 $130,908 $133,526
9 10 $121,812 $124,249 $126,733 $129,268 $131,854 $134,491
20 $124,640 $127,133 $129,676 $132,269 $134,915 $137,613
30 $127,468 $130,018 $132,618 $135,270 $137,976 $140,735
10 10 $132,804 $135,460 $138,169 $140,932 $143,751 $146,626
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Schedule 2 – Annual Base Salary (Academic Employees)
Annual Base Salary Rates for Academic Employees (excluding Casuals):
First full pay period on or after:
3% 2% 2% 2% 2% 2%
Level Step 1/01/2024 1/07/2024 1/01/2025 1/07/2025 1/01/2026 1/07/2026
A 1 $73,829 $75,305 $76,811 $78,348 $79,915 $81,513
2 $77,946 $79,505 $81,095 $82,717 $84,371 $86,059
3 $82,063 $83,704 $85,378 $87,086 $88,828 $90,604
4 $86,180 $87,904 $89,662 $91,455 $93,284 $95,150
5 $89,528 $91,318 $93,145 $95,008 $96,908 $98,846
6 $92,872 $94,730 $96,624 $98,557 $100,528 $102,539
7 $96,219 $98,143 $100,106 $102,108 $104,151 $106,234
8 $99,562 $101,554 $103,585 $105,656 $107,770 $109,925
B 1 $104,623 $106,715 $108,849 $111,026 $113,247 $115,512
2 $108,488 $110,658 $112,871 $115,128 $117,431 $119,779
3 $112,341 $114,588 $116,880 $119,218 $121,602 $124,034
4 $116,207 $118,531 $120,901 $123,319 $125,786 $128,302
5 $120,066 $122,467 $124,916 $127,415 $129,963 $132,562
6 $123,932 $126,411 $128,939 $131,518 $134,148 $136,831
C 1 $127,788 $130,343 $132,950 $135,609 $138,321 $141,088
2 $131,651 $134,284 $136,969 $139,709 $142,503 $145,353
3 $135,510 $138,220 $140,984 $143,804 $146,680 $149,614
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4 $139,372 $142,159 $145,002 $147,902 $150,860 $153,878
5 $143,228 $146,093 $149,015 $151,995 $155,035 $158,136
6 $147,094 $150,036 $153,036 $156,097 $159,219 $162,403
D 1 $153,530 $156,600 $159,732 $162,927 $166,186 $169,509
2 $158,676 $161,849 $165,086 $168,388 $171,756 $175,191
3 $163,823 $167,099 $170,441 $173,850 $177,327 $180,873
4 $168,971 $172,350 $175,797 $179,313 $182,899 $186,557
E 1 $197,290 $201,236 $205,261 $209,366 $213,553 $217,824
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Casual Academic Employees – Casual Rates (inclusive of casual loading):
Lectures
A Casual Academic Employee required to deliver a lecture (or equivalent delivery through other than face to
face teaching mode) of a specified duration and relatedly provide directly associated non-contact duties in the
nature of preparation, contemporaneous marking and student consultation, will be paid at a rate for each hour
of lecture delivered, according to the following table.
The hourly rate in a repeat lecture applies to a second or subsequent delivery of substantially the same lecture
in the same subject matter within a period of seven (7) days, and any contemporaneous marking and student
consultation reasonably contemporaneous with it.
From the date of operation of this Agreement the term “lecture” means a class (however described and regardless
of delivery mode) in which the main ideas of a course are provided to students, and normally involves the delivery
of learning content aimed at comprehensively describing and explaining course concepts, body of knowledge,
ideas, or skills.
First full pay period on or after:
3% 2% 2% 2% 2% 2%
1/01/2024 1/07/2024 1/01/2025 1/07/2025 1/01/2026 1/07/2026
Basic
Lecture
(1 hour of
delivery time
and 2 hours of
associated
working time) $208.63 $212.80 $217.06 $221.40 $225.83 $230.35
Developed
Lecture
1 hour of
delivery time
and 3 hours of
associated
working time) $278.17 $283.73 $289.41 $295.20 $301.10 $307.12
Specialised
Lecture
(1 hour of
delivery time
and 4 hours of
associated
working time) $347.72 $354.67 $361.76 $369.00 $376.38 $383.91
Repeat
Lecture
(1 hour of
delivery time
and 1 hour of
associated
working time)
$139.08 $141.87 $144.70 $147.60 $150.55 $153.56
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Tutoring
A Casual Academic Employee required to deliver or present a tutorial (or equivalent delivery through other than
face to face teaching mode) of a specified duration and relatedly provide directly associated non-contact duties in
the nature of preparation, contemporaneous marking and student consultation will be paid at a rate for each hour
of tutorial delivered or presented, according to the following table:
The hourly rate in a repeat tutorial applies to a second or subsequent delivery of substantially the same tutorial
in the same subject matter within a period of seven (7) days, and any contemporaneous marking and student
consultation.
For the purposes of this Agreement, the term "tutorial" means any education delivery described as a tutorial in a
course or unit outline, or in an official timetable issued by the employer.
First full pay period on or after:
3% 2% 2% 2% 2% 2%
1/01/202
4 1/07/2024 1/01/2025 1/07/2025 1/01/2026 1/07/2026
Tutorial
(1 hour
delivery and
2 hours
associated
working
time) $149.90 $152.90 $155.95 $159.07 $162.25 $165.50
Tutorial
Subject
Coordinator
or holds a
relevant
doctoral
qualification
(1 hour
delivery and
2 hours
associated
working
time)
$178.59 $182.17 $185.81 $189.53 $193.32 $197.18
Repeat
Tutorial
(1 hour
delivery and
1 hour
associated
working
time) $99.93 $101.93 $103.96 $106.04 $108.17 $110.33
Repeat
Tutorial
Subject
Coordinator
or holds a
relevant
doctoral
qualification
(1 hour
delivery and
1 hour
associated
working
time)
$119.07 $121.45 $123.88 $126.35 $128.88 $131.46
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Marking
All marking except contemporaneous marking in lecturing/tutoring will be paid according to the following table for
all time worked.
First full pay period on or after:
3% 2% 2% 2% 2% 2%
1/01/2024 1/07/2024 1/01/2025 1/07/2025 1/01/2026 1/07/2026
Marking All All $49.97 $50.97 $51.99 $53.03 $54.09 $55.17
Marking -
Subject
Coordination or
where the
employee holds
a relevant
doctoral
qualification $59.53 $60.72 $61.93 $63.17 $64.44 $65.72
Significant
Marking -
Marking as a
supervising
examiner, or
marking
requiring a
significant
exercise of
academic
judgement
appropriate to
and academic at
Level B status $69.55 $70.94 $72.36 $73.80 $75.28 $76.79
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Clinical Undergrad (per hour)
A Casual Academic Employee required to provide undergraduate clinical nurse education will be paid for each hour
of clinical education delivered, together with directly associated non-contact duties in the nature of preparation,
contemporaneous marking and student consultation, according to the following table:
Note: These rates are not based on any specific Level/Step from Schedule 1. The rates above include the casual
loading.
First full pay period on or after:
3% 2% 2% 2% 2% 2%
1/01/2024 1/07/2024 1/01/2025 1/07/2025 1/01/2026 1/07/2026
Little
Preparation
(1 hour of
delivery and
0.5 hours
associated
working time) $61.79 $63.03 $64.29 $65.55 $66.86 $68.20
Little
Preparation -
Subject
Coordination
or where the
employee
possesses a
relevant
doctoral
qualification
(1 hour of
delivery and
0.5 hours
associated
working time)
$69.10 $70.48 $71.89 $73.33 $74.79 $76.29
Normal
Preparation
(1 hour of
delivery and 1
hour
associated
working time) $82.85 $84.51 $86.20 $87.92 $89.68 $91.47
Normal
Preparation -
Subject
Coordination
or where the
employee
possesses a
relevant
doctoral
qualification
(1 hour of
delivery and 1
hour
associated
working time)
$92.13 $93.97 $95.85 $97.77 $99.72 $101.72
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Other Rates (per hour)
A Casual Academic Employee required to perform any other required academic activity will be paid at an
hourly rate for each hour of such activity delivered as required and demonstrated to have been performed.
For the purposes of this clause "other required academic activity" will include work that a person, acting as or on
behalf of the employer of a Casual Employee, requires the Employee to perform and that is performed in
accordance with any such requirement, being work of the following nature:
a) The conduct of practical classes, demonstrations, student field excursions;
b) The conduct of performance sessions;
c) Musical coaching, repetiteurship and musical accompanying other than with special educational service;
d) Development of teaching and course material such as the preparation of course guides and reading lists;
e) Consultation with students;
f) Attendance at school/area and/or faculty meetings as required; and
g) Required attendance at lectures and other teaching activities.
The above list is not intended to be exhaustive and is provided by way of examples and guidance.
First full pay period on or after:
3% 2% 2% 2% 2% 2%
1/01/2024 1/07/2024 1/01/2025 1/07/2025 1/01/2026 1/07/2026
Other Duties $49.97 $50.97 $51.99 $53.03 $54.09 $55.17
Other Duties -
Subject
Coordination or
where the
employee holds a
relevant doctoral
qualification $59.53 $60.72 $61.93 $63.17 $64.44 $65.72
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Calculation of Academic Employees Casual Rates
The Casual Academic Employee rates in this schedule are calculated from three (3) base rates calculated using the
following formulae:
The base rate applicable to lecturing or for the purposes of the higher marking rate is determined by reference to
the full-time Level B Step 2 scale, calculated as follows:
The base rate applicable to other duties involving full subject coordination or possession of a relevant Doctoral
qualification is determined by reference to the full-time Level A Step 6 scale, calculated as follows:
The base rate applicable to all other duties including tutoring rates is determined by reference to the full-time Level
A Step 2 scale, calculated as follows:
(Level B Step 2 Annual Base Salary / 52 weeks) + 25% casual loading = Casual Hourly Rate
37.5 hours
(Level A Step 6 Annual Base Salary / 52 weeks) + 25% casual loading = Casual Hourly Rate
37.5 hours
(Level A Step 2 Annual Base Salary / 52 weeks) + 25% casual loading = Casual Hourly Rate
37.5 hours
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Schedule 3 – Academic Employee Classification Descriptors
Academic Employee Classification Descriptors:
These classification descriptors exist to inform the classification of the University’s academic positions. The levels
are differentiated by level of complexity, degree of autonomy, leadership requirements of the position and level of
achievement of the academic. The responsibilities of Academic Employees may vary according to the specific
requirements of the University to meet its objectives, to different discipline requirements and/or to individual staff
development.
An Academic Employee appointed to a particular level may be assigned and may be expected to undertake,
responsibilities and functions of any level up to and including the level to which the academic is appointed or
promoted. In addition, an academic may undertake elements of the work of a higher level in order to gain experience
and expertise consistent with the requirements of the University’s promotion processes.
TEACHING OR TEACHING AND RESEARCH:
Level A
A Level A academic will work with support and guidance from more senior academic staff and is expected to develop
their expertise in teaching and research with an increasing degree of autonomy. A Level A academic will normally have
completed 4 years of tertiary study or equivalent qualifications and experience and may be required to hold a relevant
higher degree.
A Level A academic will normally contribute to teaching at the institution at a level appropriate to the skills and
experience of the staff member, engage in scholarly, research and/or professional activities appropriate to their
profession or discipline, and undertake administration primarily relating to their activities at the institution. The
contribution to teaching of Level A academics will be primarily at undergraduate and graduate diploma level.
Level B
A Level B academic will undertake independent teaching and research in their discipline or related area. In research
and/or scholarship and/or teaching a Level B academic will make an independent contribution through professional
practice and expertise and coordinate and/or lead the activities of other staff, as appropriate to the discipline.
A Level B academic will normally contribute to teaching at undergraduate, honours and postgraduate level, engage in
independent scholarship and/or research and/or professional activities appropriate to their profession or discipline.
They will normally undertake administration primarily relating to their activities at the institution and may be required
to perform the full academic responsibilities of and related administration for the coordination of an award program
of the institution.
Level C
A Level C academic will make a significant contribution to the discipline at the national level. In research and/or
scholarship and/or teaching they will make original contributions, which expand knowledge or practice in their
discipline.
A Level C academic will normally make a significant contribution to research and/or scholarship and/or teaching and
administration activities of an organisational unit or an interdisciplinary area at undergraduate, honours and
postgraduate level. They will normally play a major role or provide a significant degree of leadership in scholarly,
research and/or professional activities relevant to the profession, discipline and/or community and may be required
to perform the full academic responsibilities of and related administration for the coordination of a large award
program or a number of smaller award programs of the institution.
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Level D
A Level D academic will normally make an outstanding contribution to the research and/or scholarship and/or teaching
and administration activities of an organisational unit, including a large organisational unit, or interdisciplinary area.
A Level D academic will make an outstanding contribution to the governance and collegial life inside and outside of
the institution and will have attained recognition at a national or international level in their discipline. They will make
original and innovative contributions to the advancement of scholarship, research and teaching in their discipline.
Level E
A Level E academic will provide leadership and foster excellence in research, teaching and policy development in the
academic discipline within the institution and within the community, professional, commercial or industrial sectors.
A Level E academic will have attained recognition as an eminent authority in their discipline, will have achieved
distinction at the national level and may be required to have achieved distinction at the international level. A Level E
academic will make original, innovative and distinguished contributions to scholarship, researching and teaching in
their discipline. They will make a commensurate contribution to the work of the institution.
Research academic staff (inclusive of creative disciplines)
Level A
A Level A research academic will typically conduct research/scholarly activities under limited supervision either
independently or as a member of a team and will normally hold a relevant higher degree.
A Level A research academic will normally work under the supervision of academic staff at Level B or above, with an
increasing degree of autonomy as the research academic gains skills and experience. A Level A research academic may
undertake limited teaching, may supervise at undergraduate levels and may publish the results of the research
conducted as sole author or in collaboration. They will undertake administration primarily relating to their activities
at the institution.
Level B
A Level B research academic will normally have experience in research or scholarly activities, which have resulted in
publications in refereed journals or other demonstrated scholarly activities.
A Level B research academic will carry out independent and/or team research. A Level B research academic may
supervise postgraduate research students or projects and be involved in research training.
Level C
A Level C research academic will make independent and original contributions to research, which have a significant
impact on their field of expertise.
The work of the research academic will be acknowledged at a national level as being influential in expanding the
knowledge of their discipline. This standing will normally be demonstrated by a strong record of published work or
other demonstrated scholarly activities.
A Level C research academic will provide leadership in research, including research training and supervision.
Level D
A Level D research academic will make major original and innovative contributions to their field of study or research,
which are recognised as outstanding nationally or internationally.
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A Level D research academic will play an outstanding role within their institution, discipline and/or profession in
fostering the research activities of others and in research training.
Level E
A Level E research academic will typically have achieved international recognition through original, innovative and
distinguished contributions to their field of research, which are demonstrated by sustained and distinguished
performance.
A Level E research academic will provide leadership in their field of research, within his or her institution, discipline
and/or profession and within the scholarly and/or general community. They will foster excellence in research, research
policy and research training.
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Schedule 4 – Professional Employee Classification Descriptors
Definition 1: Supervision
Close supervision: clear and detailed instructions are provided. Tasks are covered by standard procedures. Deviation
from procedures or unfamiliar situations are referred to higher levels. Work is regularly checked.
Routine supervision: direction is provided on the tasks to be undertaken with some latitude to rearrange sequences
and discriminate between established methods. Guidance on the approach to standard circumstances is provided in
procedures, guidance on the approach to non-standard circumstances is provided by a supervisor.
Checking is selective rather than constant.
General direction: direction is provided on the assignments to be undertaken, with the occupant determining the
appropriate use of established methods, tasks and sequences.
There is some scope to determine an approach in the absence of established procedures or detailed instructions, but
guidance is readily available.
Performance is checked by assignment completion.
Broad direction: direction is provided in terms of objectives which may require the planning of staff, time and material
resources for their completion. Limited detailed guidance will be available and the development or modification of
procedures by the employee may be required. Performance will be measured against objectives.
Definition 2: Qualifications
Within the Australian Qualifications Framework:
Year 12
Completion of a senior secondary certificate of education, usually in Year 12 of secondary school.
Trade certificate
Completion of an apprenticeship, normally of 4 years’ duration, or equivalent recognition, e.g. Certificate III.
Post-trade certificate
A course of study over and above a trade certificate and less than a Certificate IV.
Certificates I and II
Courses that recognise basic vocational skills and knowledge, without a Year 12 prerequisite.
Certificate III
A course that provides a range of well-developed skills and is comparable to a trade certificate.
Certificate IV
A course that provides greater breadth and depth of skill and knowledge and is comparable to a 2 year part-time post-
Year 12 or post-trade certificate course.
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Diploma
A course at a higher education or vocational educational and training institution, typically equivalent to 2 years full-time
post-Year 12 study.
Advanced diploma
A course at a higher education or vocational educational and training institution, typically equivalent to 3 years full-time
post-Year 12 study.
Degree
A recognised degree from a higher education institution, often completed in 3 or 4 years, and sometimes combined
with a one-year diploma.
Postgraduate degree
A recognised postgraduate degree, over and above a degree as defined above.
NOTE: Previously recognised qualifications obtained prior to the implementation of the Australian Qualifications
Framework continue to be recognised. The above definitions also include equivalent recognised overseas qualifications.
Definition 3: Classification dimensions
Training level
The type and duration of training which the duties of the classification level typically require for effective performance.
Training is the process of acquiring skills and knowledge through formal education, on the job instruction or exposure
to procedures.
Occupational equivalent
Examples of occupations typically falling within each classification level.
Level of supervision
This dimension covers both the way in which employees are supervised or managed and the role of employees in
supervising or managing others.
Task level
The type, complexity and responsibility of tasks typically performed by employees within each classification level.
Organisational knowledge
The level of knowledge and awareness of the organisation, its structure and functions that would be expected of
employees at each proposed classification level, and the purposes to which that organisational knowledge may be put.
Judgment, independence and problem solving
Judgment is the ability to make sound decisions, recognising the consequences of decisions taken or actions performed.
Independence is the extent to which an employee is able (or allowed) to work effectively without supervision or
direction. Problem solving is the process of defining or selecting the appropriate course of action where alternative
courses of actions are available.
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This dimension looks at how much of each of these 3 qualities applies at each classification level.
Typical activities
Examples of activities typically undertaken by employees in different occupations at each of the classification levels.
Classifications
Higher Education Worker Level 1 (HEW 1)
Training level or qualifications
Employees at the base of this level would not be required to have formal qualifications or work experience upon
engagement.
Employees engaged at the base of this level will be provided with structured on the job training in addition to up to 38
hours of induction which must provide information on the higher education institution, conditions of employment,
training to be made available and consequent career path opportunities, physical layout of the institution/work areas,
introduction to fellow workers and supervisors, work and documentation procedures, work health and safety, equal
opportunity practices and extended basic literacy and numeracy skills training where required/necessary to enable
career path progression.
Occupational equivalent
Cleaner, labourer, trainee for Level 2 duties.
Level of supervision
Close supervision or, in the case of more experienced employees working alone, routine supervision.
Task level
Straightforward manual duties, or elements of Level 2 duties under close supervision and structured on the job training.
Some knowledge of materials, e.g. cleaning chemicals and hand tools, may be required. Established procedures exist.
Organisational knowledge
Will provide straightforward information to others on building or service locations.
Judgment, independence and problem solving
Resolve problems where alternatives for the employee are limited and the required action is clear or can be readily
referred to higher levels.
Typical activities
Perform a range of industrial cleaning tasks, move furniture, assist trades personnel with manual duties.
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Higher Education Worker Level 2 (HEW 2)
Training level or qualifications
Level 2 duties typically require a skill level which assumes and requires knowledge, training or experience relevant to
the duties to be performed; or Completion of Year 12 without work experience; or Completion of Certificates I or II with
work related experience; or an equivalent combination of experience and training.
Occupational equivalent
Administrative assistant, security patrol officer.
Level of supervision
Routine supervision of straightforward tasks; close supervision of more complex tasks (see task level below).
Task level
Perform a range of straightforward tasks where procedures are clearly established. May on occasion perform more
complex tasks.
Organisational knowledge
Following training, may provide general information/advice and assistance to members of the public, students and other
employees which is based on a broad knowledge of the employee’s work area/responsibility, including knowledge of
the functions carried out and the location and availability of particular personnel and services.
Judgment, independence and problem solving
Solve relatively simple problems with reference to established techniques and practices. Will sometimes choose
between a range of straightforward alternatives.
An employee at this level will be expected to perform a combination of various routine tasks where the daily work
routine will allow the latitude to rearrange some work sequences, provided the prearranged work priorities are
achieved.
Typical activities
• Administrative positions at this level may include duties involving the inward and outward movement of mail,
keeping, copying, maintaining and retrieving records, straightforward data entry and retrieval.
• Security officers may be involved in a range of patrol duties, including responding to alarms, following
emergency procedures and preparing incident reports.
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Higher Education Worker Level 3 (HEW 3)
Training level or qualifications
Level 3 duties typically require a skill level which assumes and requires knowledge or training in clerical/administrative,
trades or technical functions equivalent to:
• completion of a trades certificate or Certificate III;
• completion of Year 12 or a Certificate II, with relevant work experience; or
• an equivalent combination of relevant experience and/or education/training.
Persons advancing through this level may typically perform duties which require further on the job training or
knowledge and training equivalent to progress toward completion of a Certificate IV or Diploma.
Occupational equivalent
Tradesperson, technical assistant/technical trainee, administrative assistant.
Level of supervision
In technical positions, routine supervision, moving to general direction with experience. In other positions, general
direction. This is the first level where supervision of other employees may be required.
Task level
Some complexity. Apply body of knowledge equivalent to trade certificate or Certificate III, including diagnostic skills
and assessment of the best approach to a given task.
Organisational knowledge
Perform tasks/assignments which require knowledge of the work area processes and an understanding of how they
interact with other related areas and processes.
Judgment, independence and problem solving
Exercise judgment on work methods and task sequence within specified timelines and standard practices and
procedures.
Typical activities
In trades positions, apply the skills taught in a trades certificate or Certificate III, including performance of a range of
construction, maintenance and repair tasks, using precision hand and power tools and equipment. In some cases this
will involve familiarity with the work of other trades or require further training.
In technical assistant positions:
• assist a technical officer in operating a laboratory, including ordering supplies;
• assist in setting up routine experiments;
• monitor experiments for report to a technical officer;
• assist with the preparation of specimens; and
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• assist with the feeding and care of animals.
In administrative positions perform a range of administrative support tasks including:
• standard use of a range of desktop based programs, e.g. word processing, established spreadsheet or database
applications, and management information systems (e.g. financial, student or human resource systems). This
may include store and retrieve documents, key and lay out correspondence and reports, merge, move and
copy, use of columns, tables and basic graphics;
• provide general administrative support to other employees including setting up meetings, answering
straightforward inquiries and directing others to the appropriate personnel; and
• process accounts for payment.
Employees would be expected to perform a greater range and complexity of tasks as they progressed through the level
and obtained further training.
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Higher Education Worker Level 4 (HEW 4)
Training level or qualifications
Level 4 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
• completion of a diploma level qualification with relevant work related experience; or
• completion of a Certificate IV with relevant work experience; or
• completion of a post-trades certificate and extensive relevant experience and;
• on the job training; or
• completion of a Certificate III with extensive relevant work experience; or
• an equivalent combination of relevant experience and/or education/training.
Occupational equivalent
Technical officer or technician, administrative above Level 3, advanced tradespersons.
Level of supervision
In technical positions, routine supervision to general direction depending upon experience and the complexity of the
tasks. In other positions, general direction. May supervise or co-ordinate others to achieve objectives, including liaison
with employees at higher levels. May undertake stand-alone work.
Task level
May undertake limited creative, planning or design functions; apply skills to a varied range of different tasks.
Organisational knowledge
Perform tasks/assignments which require proficiency in the work area’s rules, regulations, processes and techniques,
and how they interact with other related functions.
Judgment, independence and problem solving
In trades positions, extensive diagnostic skills.
In technical positions, apply theoretical knowledge and techniques to a range of procedures and tasks.
In administrative positions, provide factual advice which requires proficiency in the work area’s rules and regulations,
procedures requiring expertise in a specialist area or broad knowledge of a range of personnel and functions.
Typical activities
In trades positions:
• work on complex engineering or interconnected electrical circuits; and/or
• exercise high precision trades skills using various materials and/or specialised techniques.
• In technical positions:
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• develop new equipment to criteria developed and specified by others;
• under routine direction, assist in the conduct of major experiments and research programs and/or in setting up
complex or unusual equipment for a range of experiments and demonstrations; and/or
• demonstrate the use of equipment and prepare reports of a technical nature as directed.
In library technician positions:
• undertake copy cataloguing;
• use a range of bibliographic databases;
• undertake acquisitions; and/or
• respond to reference inquiries.
In administrative positions:
• may use a full range of desktop-based programs, including word processing packages, mathematical formulae
and symbols, manipulation of text and layout in desktop publishing and/or web software, and management
information systems;
• plan and set up spreadsheets or database applications;
• be responsible for providing a full range of secretarial services, e.g. in a faculty;
• provide advice to students on enrolment procedures and requirements; and/or
• administer enrolment and course progression records.
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Higher Education Worker Level 5 (HEW 5)
Training level or qualifications
Level 5 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
• completion of a degree without subsequent relevant work experience; or
• completion of an advanced diploma qualification and at least one year’s subsequent relevant work experience;
or
• completion of a diploma qualification and at least 2 years’ subsequent relevant work experience; or
• completion of a Certificate IV and extensive relevant work experience; or
• completion of a post-trades certificate and extensive (typically more than 2 years’) relevant experience as a
technician; or
• an equivalent combination of relevant experience and/or education/training.
Occupational equivalent
Graduate (i.e. degree) or professional, without subsequent work experience on entry (including inexperienced
computer systems officer), administrator with responsibility for advice and determinations, experienced technical
officer.
Level of supervision
In professional positions, routine supervision to general direction, depending on tasks involved and experience. In other
positions, general direction and may supervise other staff.
Task level
Apply body of broad technical knowledge and experience at a more advanced level than Level 4, including the
development of areas of specialist expertise. In professional positions, apply theoretical knowledge, at degree level, in
a straightforward way. In administrative positions, provide interpretation, advice and decisions on rules and
entitlements.
Organisational knowledge
Perform tasks/assignments which require proficiency in the work area’s rules, regulations, policies, procedures, systems,
processes and techniques, and how they interact with other related functions, in order to assist in their adaptation to
achieve objectives, and advise, assist and influence others.
Judgment, independence and problem solving
In professional positions, solve problems through the standard application of theoretical principles and techniques at
degree level. In technical positions, apply standard technical training and experience to solve problems. In
administrative positions, may apply expertise in a particular set of rules or regulations to make decisions, or be
responsible for co-ordinating a team to provide an administrative service.
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Typical activities
In technical positions:
• develop new equipment to general specifications;
• under general direction, assist in the conduct of major experiments and research programs and/or in setting
up complex or unusual equipment for a range of experiments and demonstrations;
• under broad direction, set up, monitor and demonstrate standard experiments and equipment use; and/or
• prepare reports of a technical nature.
In library technician positions:
• perform at a higher level than Level 4, including:
• assist with reader education programs and more complex bibliographic and acquisition services; and/or
• operate a discrete unit within a library which may involve significant supervision or be the senior employee in
an out-posted service.
In administrative positions:
• responsible for the explanation and administration of an administrative function, e.g. HECS advice, records,
determinations and payments, a centralised enrolment function, the organisation and administration of exams
at a small campus.
• In professional positions and under professional supervision:
• work as part of a research team in a support role;
• provide a range of library services including bibliographic assistance, original cataloguing and reader education
in library and reference services; and/or
• provide counselling services.
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Higher Education Worker Level 6 (HEW 6)
Training level or qualifications
Level 6 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
• a degree with subsequent relevant experience; or
• extensive experience and specialist expertise or broad knowledge in technical or administrative fields; or
• an equivalent combination of relevant experience and/or education/training.
Occupational equivalent
Graduate or professional with subsequent relevant work experience (including a computer systems officer with some
experience), line manager, experienced technical specialist and/or technical supervisor.
Level of supervision
In professional positions, general direction; in other positions, broad direction. May have extensive supervisory and line
management responsibility for technical, administrative and other non-professional employees.
Task level
Perform work assignments guided by policy, precedent, professional standards and managerial or technical expertise.
Employees would have the latitude to develop or redefine procedure and interpret policy so long as other work areas
are not affected. In technical and administrative areas, have a depth or breadth of expertise developed through
extensive relevant experience and application.
Organisational knowledge
Perform tasks/assignments which require proficiency in the work area’s existing rules, regulations, policies, procedures,
systems, processes and techniques and how they interact with other related functions, and to adapt those procedures
and techniques as required to achieve objectives without impacting on other areas.
Judgment, independence and problem solving
Discretion to innovate within own function and take responsibility for outcomes; design, develop and test complex
equipment, systems and procedures; undertake planning involving resources use and develop proposals for resource
allocation; exercise high level diagnostic skills on sophisticated equipment or systems; analyse and report on data and
experiments.
Typical activities
In technical positions:
• manage a teaching or research laboratory or a field station;
• provide highly specialised technical services;
• set up complex experiments;
• design and construct complex or unusual equipment to general specifications;
• assist honours and postgraduate students with their laboratory requirements; and/or
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• install, repair, provide and demonstrate computer services in laboratories.
In administrative positions:
• provide financial, policy and planning advice;
• service a range of administrative and academic committees, including preparation of agendas, papers, minutes
and correspondence; and/or
• monitor expenditure against budget in a school or small faculty.
In professional positions:
• work as part of a research team;
• provide a range of library services, including bibliographic assistance, original cataloguing and reader education
in library and reference services;
• provide counselling services;
• undertake a range of computer programming tasks;
• provide documentation and assistance to computer users; and/or
• analyse less complex user and system requirements.
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Higher Education Worker Level 7 (HEW 7)
Training level or qualifications
Level 7 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
• a degree with at least 4 years’ subsequent relevant experience; or
• extensive experience and management expertise in technical or administrative fields; or
• an equivalent combination of relevant experience and/or education/training.
Occupational equivalent
Senior librarian, technical manager, senior research assistant, professional or scientific officer, senior administrator in a
small less complex faculty.
Level of supervision
Broad direction. May manage other employees including administrative, technical and/or professional employees.
Task level
Independently relate existing policy to work assignments or rethink the way a specific body of knowledge is applied in
order to solve problems. In professional or technical positions, may be a recognised authority in a specialised area.
Organisational knowledge
Detailed knowledge of academic and administrative policies and the inter-relationships between a range of policies and
activities.
Judgment, independence and problem solving
Independently relate existing policy to work assignments, rethink the way a specific body of knowledge is applied in
order to solve problems, adapt procedures to fit policy prescriptions or use theoretical principles in modifying and
adapting techniques. This may involve stand-alone work or the supervision of employees in order to achieve objectives.
It may also involve the interpretation of policy which has an impact beyond the immediate work area.
Typical activities
In a library, combine specialist expertise and responsibilities for managing a library function.
In student services, the training and supervision of other professional employees combined with policy development
responsibilities which may include research and publication.
In technical manager positions, the management of teaching and research facilities for a department or school.
In research positions, acknowledged expertise in a specialised area or a combination of technical management and
specialised research.
In administrative positions, provide less senior administrative support to relatively small and less complex faculties or
equivalent.
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Higher Education Worker Level 8 (HEW 8)
Training level or qualifications
Level 8 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
• postgraduate qualifications or progress towards postgraduate qualifications and extensive relevant experience;
or
• extensive experience and management expertise; or
• an equivalent combination of relevant experience and/or education/training.
Occupational equivalent
Manager (including administrative, research, professional or scientific), senior school or faculty administrator,
researcher.
Level of supervision
Broad direction, working with a degree of autonomy. May have management responsibility for a functional area and/or
manage other employees including administrative, technical and/or professional employees.
Task level
Work at this level is likely to require the development of new ways of using a specific body of knowledge which applies
to work assignments, or may involve the integration of other specific bodies of knowledge.
Organisational knowledge
The employees will be expected to make policy recommendations to others and to implement programs involving major
change which may impact on other areas of the institution’s operations.
Judgment, independence and problem solving
Responsible for program development and implementation. Provide strategic support and advice (e.g. to schools or
faculties) requiring integration of a range of university policies and external requirements, and an ability to achieve
objectives operating within complex organisational structures.
Typical activities
Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources.
Manage a function or development and implementation of a policy requiring a high degree of knowledge and sensitivity.
Manage a small or specialised unit where significant innovation, initiative and/or judgment are required.
Provide senior administrative support to schools and faculties of medium complexity, taking into account the size,
budget, course structure, external activities and management practices within the faculty or equivalent unit.
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Higher Education Worker Level 9 (HEW 9)
Training level or qualifications
Level 9 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
• postgraduate qualifications and extensive relevant experience; or
• extensive management experience and proven management expertise; or
• an equivalent combination of relevant experience and/or education/training.
Occupational equivalent
Manager (including administrative, research, professional or scientific), senior school or faculty administrator, senior
researcher.
Level of supervision
Broad direction, working with a considerable degree of autonomy. Will have management responsibility for a major
functional area and/or manage other employees including administrative, technical and/or professional employees.
Task level
Demonstrated capacity to conceptualise, develop and review major professional, management or administrative
policies at the corporate level. Significant high level creative, planning and management functions. Responsibility for
significant resources.
Organisational knowledge
Conceptualise, develop and review major policies, objectives and strategies involving high level liaison with internal and
external client areas. Responsible for programs involving major change which may impact on other areas of the
institution’s operations.
Judgment, independence and problem solving
Responsible for significant program development and implementation. Provide strategic support and advice (e.g. to
schools or faculties or at the corporate level) requiring integration of a range of internal and external policies and
demands, and an ability to achieve broad objectives while operating within complex organisational structures.
Typical activities
Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources.
Manage a function or development and implementation of a policy requiring a high degree of knowledge and sensitivity
and the integration of internal and external requirements.
Manage a small and specialised unit where significant innovation, initiative and/or judgment are required.
Provide senior administrative support to the more complex schools and faculties, taking into account the size, budget,
course structure, external activities and management practices within the faculty or equivalent unit.
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Higher Education Worker Level 10 (HEW 10)
Training level or qualifications
Duties at or above this level typically require a skill level which assumes and requires knowledge or training equivalent
to:
• proven expertise in the management of significant human and material resources; and
• in some areas postgraduate qualifications and extensive relevant experience.
Occupational equivalent
Senior program, research or administrative manager.
Level of supervision
Broad direction, operating with a high overall degree of autonomy. Will have substantial management responsibility for
diverse activities and/or employees (including administrative, technical and/or professional employees).
Task level
Complex, significant and high level creative planning, program and managerial functions with clear accountability for
program performance. Comprehensive knowledge of related programs. Generate and use a high level of theoretical and
applied knowledge.
Organisational knowledge
Bring a multi-perspective understanding to the development, carriage, marketing and implementation of new policies;
devise new ways of adapting the organisation’s strategies to new, including externally generated, demands.
Judgment, independence and problem solving
Be fully responsible for the achievement of significant organisational objectives and programs.
Typical activities
Manage a large functional unit with a diverse or complex set of functions and significant resources.
Manage a more complex function or unit where significant innovation, initiative and/or judgment are required.
Provide senior administrative support to the most complex schools and faculties in large institutions, involving complex
course structures, significant staff and financial resources, outside activities and extensive devolution of administrative,
policy and financial management responsibilities to this position.
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Schedule 5 – Murdoch Active
1) Ordinary Hours
The ordinary hours of work are:
Any five days of the week Monday – Sunday as per the below:
a) 5.00 am and 11:00 pm, Monday to Friday; and
b) 6.00 am and 9:00 pm on Saturday and Sunday.
2) Casual Employee Minimum Engagement Periods
a) The minimum engagement for a Professional Casual Employee will be:
Casual Employee Minimum engagement period
A Casual Employee engaged as a gym instructor, trainer, umpire,
sports official, coach, or team manager.
1 hour
All others 3 hours
3) Casual Loading
a) For each ordinary hour worked on Monday to Friday, a Casual Employee must be paid a loading of 25% of
the minimum hourly rate for the work being performed.
b) For each ordinary hour worked on Saturday, Sunday or a public holiday, a Casual Employee must be paid:
i) the minimum hourly rate; and
ii) a loading of 30% of the minimum hourly rate, for the work being performed.
4) Weekend ordinary hour penalty rates
a) For all ordinary hours worked on a Saturday a Full-time or Part-time Employee will be paid 125% of the
minimum hourly rate applicable to their classification and pay point.
b) For all ordinary hours worked on a Sunday a Full-time or Part-time Employee will be paid 150% of the
minimum hourly rate applicable to their classification and pay point.
5) Broken Shifts
a) For the purpose of Murdoch Active, a broken shift is defined as a shift on any day that is broken into two or
more parts with a break of greater than one hour between shifts.
i) The shift should not be broken into more than two parts. If this occurs, overtime is applicable as
per Clause 13.
ii) The total length of the shift (combined) should not be less than the applicable minimum
engagement period to that employee type.
iii) The span of hours from the start of the first shift to the end of the second shift should not exceed
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twelve hours in duration, or overtime in accordance with Clause 12 is applicable.
iv) An Employee who works a broken shift will receive an allowance per day equal to the amount
awarded by the Fitness Industry Award 2020.
6) Overtime Provisions
Where the University requires a Murdoch Active employee to work additional hours:
a) In excess of the hours prescribed as outlined above in this Schedule or;
b) In excess of ten hours per day or;
c) Where an Employee is required to work more than five (5) hours without having a lunch break of a
minimum of thirty (30) minutes in duration or;
d) For an Employee Defined as a Shift Worker, in excess of the hours prescribed in Clause 12
They will be paid for additional hours based on the minimum rate of pay at the rate of:
When Rate relative to base hourly rate
Monday to Saturday 150% for the first (2) hours and 200%
thereafter.
Sunday 200%
Public Holiday 250%
e) Where an Employee is required by the University to resume work without a ten consecutive hour break
between shifts (excluding a broken shift), a rate of 200% will be paid on the minimum hourly rate.
All overtime is to be calculated and applied to Professional Employees’ applicable base hourly rate of pay in
Schedule 1 for each hour worked.
A Professional Employee whose maximum salary exceeds the base annual salary of Level 7 step 40 will not receive
overtime but will receive TOIL provisions, in accordance with Clause 13.
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Schedule 6 – Innovative Chiropractic Limited (ICL)
1) Ordinary Hours
The ordinary hours of work are between:
i) 7.00 am and 6:00pm, Monday to Friday; and
ii) 8.00 am and 4:00 pm on Saturday.
2) Weekend penalty rates
a) For all ordinary hours worked on a Saturday a Full-time or Part-time Employee will be paid 175% of the
minimum hourly rate applicable to their classification and pay point.
b) A Casual Employee who works on a Saturday or Sunday will be paid 175% of the minimum hourly rate
applicable to their classification and pay point for all time worked.
3) Shift Penalty Rates
a) In order to receive shift penalties, an Employee must meet the definition of a Shift Worker under Clause 12 –
Shift Workers. Shift penalty rates will be paid on the minimum hourly pay rate of the Employee in accordance
with Clause 12.
4) Overtime Provisions
Where the University requires an ICL employee to work additional hours:
a) In excess of the hours prescribed above in this Schedule; or
b) For an Employee defined as a Shift Worker, in excess of the hours prescribed in Clause 12
They will be paid for additional hours at the rate of:
When Rate relative to base hourly rate
Monday to
Friday
150% for the first (3) hours and 200% thereafter.
Saturday
(before
12pm)
175% for the first (3) hours and 200% thereafter.
Saturday
(12pm
onwards)
200%
Sunday 200%
Public Holiday 250%
c) All overtime is to be calculated and applied to Professional Employees’ applicable base hourly rate of pay in
Schedule 1 for each hour worked.
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d) A Professional Employee whose maximum salary exceeds the base annual salary of Level 7 step 40 and above
is not entitled to paid overtime as prescribed within this clause but will be entitled to TOIL -in accordance with
Clause 13. Overtime must be authorised in advance by a Professional Employee’s supervisor.
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Schedule 7 – The Animal Hospital at Murdoch University (TAHMU)
1. Application
The provisions of the Schedule apply to all Employees of Murdoch University who are bound by:
a) the Agreement, and
b) are employed in positions located in TAHMU; and
c) To the extent that there is any inconsistency between the provisions of the Schedule and provisions
included elsewhere in the Agreement; the provisions of the Schedule will prevail.
2. Public Holidays and Limited Service Period
The provisions of Clause 26 of the Agreement are varied as follows:
a) Critical business activities within TAHMU (e.g., Emergency Critical Care) will remain open during the
Limited Service Period that is observed in other parts of the University between Christmas and New
Year.
b) Employees will be advised a minimum of twenty-eight days (28) in advance of any temporary
shutdown requirement.
c) Should an Employee be reasonably requested to work during the Limited Service Period, the
following provisions shall apply:
i) Days in lieu of public holidays and gifted days that are accrued in accordance with Clause 26 of
the Agreement are entitled to be taken, either consecutively or as single days, within six (6)
months of being accrued. Should gifted days not be taken at this time, they will be paid out to
the employee.
ii) Should an Employee agree to work a public holiday, the Employee may elect to agree in writing
to be paid a 250% penalty rate instead of accruing time off in lieu of these days.
3. Shift Work
Night Shift – Ordinary hours finishing after midnight (12am) and at or before 8am on any weekday will be
paid at 130% of the base hourly rate.
4. Hours of Work
Ordinary hours are to be worked between the span of hours Monday to Friday, 6.00am to 8.30pm.
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Signatories
Murdoch University
Signed for and on behalf of Murdoch University:
Full Name: Professor Andrew John Deeks
Position: Vice Chancellor and President
Address: 90 South Street, Murdoch, WA 6150
Date:
Employees
Signed for the Employees:
Full Name:
Position: Employee Representative, National Tertiary Education
Industry Union
Address:
Date:
26/02/2024
Damien Cahill
1/120 Clarendon Street, South Melbourne VIC 3205
29/02/2024
- General Secretary
e
3453-0197-4571, v. 1
IN THE FAIR WORK COMMISSION
FWC Matter No.
AG2024/558
Applicants:
Murdoch University
Innovative Chiropractic Learning Pty Ltd
Section 185 – Application for approval of a single enterprise agreement
Undertaking – Section 190
I, Professor Andrew Deeks, Vice Chancellor, have the authority given to me by Murdoch
University and Innovative Chiropractic Learning Pty Ltd trading as Murdoch University
Chiropractic Clinic (ICL) to give the following undertakings with respect to the Murdoch
University Enterprise Agreement 2023 (Agreement):
1. Clause 5 – Definition of Seven Day Shift Worker
The University undertakes that a Seven Day Shift Worker as defined in clause 5 is a shift
worker for the purposes of the NES.
2. Clause 22.3 – Annual leave
ICL undertakes that, if an employee of ICL is regularly rostered to work their ordinary hours
outside 7.30 am - 9.00 pm Monday to Friday and/or 8.00 am - 4.30 pm Saturday, they are a
shift worker for the purposes of the NES and entitled to accrue an additional week of annual
leave while so rostered.
3. Clause 22.13 – Direction to Take Excess Leave
The University and ICL undertake that:
(a) the reference in paragraph 22.13(b) to ‘thirty (30) days’ shall be replaced with ‘eight
weeks or ten weeks for a Seven Day Shift worker’; and
(b) the reference in paragraph 22.13(c) to ‘four (4) weeks (or 20 days)’ shall be
replaced with ‘six weeks’.
4. Schedule 5 (Murdoch Active) Overtime
(a) The University undertakes to pay Murdoch Active Employees overtime at the
prescribed rates as per Schedule 5 for work performed in excess of 37.5 hours per
week or an average of 37.5 hours per week over a four week period (where such
averaging of hours has been agreed with the Employee).
-
3453-0197-4571, v. 1
(b) The University undertakes that, if a Part-time Employee in Murdoch Active works in
excess of their agreed hours of work, the University will review the payments
received by the Employee for the relevant pay period and, if the Employee has
been paid less than the amount they would have received under the Fitness
Industry Award 2020, had they been paid at the applicable Award rate for those
hours, the University will make a payment to the Employee so that they are no
worse off.
5. Schedule 6 (ICL) Overtime
(a) ICL undertakes to pay ICL Employees overtime at the prescribed rates as per
Schedule 6 for work performed in excess of 37.5 hours per week or an average of
37.5 hours per week over a four week period (where such averaging of hours has
been agreed with the Employee).
(b) ICL undertakes that, if a Part-time Employee in ICL works in excess of their agreed
hours of work, ICL will review the payments received by the Employee for the relevant
pay period and, if the Employee has been paid less than the amount they would have
received under the Health Professionals and Support Services Award 2020, had they
been paid at the applicable Award rate for those hours, ICL will make a payment to
the Employee so that they are no worse off.
6. Clause 13.5(c) TOIL
The University undertakes that when accrued TOIL is paid out for any reason, it will be paid
at the applicable overtime rate/s.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
____________________________
Signature
____________________________
Date
Professor Andrew J Deeks
19 March 2024
