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Fair Work Act 2009
s.185—Enterprise agreement
The University of New England
(AG2024/5187)
UNE PROFESSIONAL STAFF ENTERPRISE AGREEMENT 2023 - 2026
Educational services
DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 28 FEBRUARY 2025
Application for approval of the UNE Professional Staff Enterprise Agreement 2023 - 2026
[1] An application has been made for approval of an enterprise agreement known as the
UNE Professional Staff Enterprise Agreement 2023 - 2026 (Agreement). The application was
made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single
enterprise agreement.
[2] The Employer has provided written undertakings (Undertakings). A copy of the
Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of
accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[3] The views of each person who the Fair Work Commission knows is a bargaining
representative for the Agreement have been sought in relation to the Undertakings.
[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings
are taken to be a term of the Agreement.
[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections
186, 187, 188 and 190 of the Act as are relevant to this application for approval have been
met.
[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate
from 7 March 2025. The nominal expiry date of the Agreement is 30 June 2026.
[7] The National Tertiary Education Industry Union (NTEU) and the Community and
Public Sector Union (CPSU), being bargaining representatives for the Agreement, have given
notice to the Fair Work Commission that they want the Agreement to cover them. In
[2025] FWCA 775
DECISION
AUSTRALIA FairWork Commission
[2025] FWCA 775
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accordance with s 201(2) of the Act, I note that the Agreement covers the NTEU and the
CPSU.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE528215 PR784854
THE FAIR WORK 4 COMMISSION OF AUSTRALI SSION THE SEAY
[2025] FWCA 775
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Annexure A
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2024/5187 Applicant: University of New England Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Professor Chris Moran, Vice Chancellor and Chief Executive Officer have the authority given to me by University of New England to give the following undertakings with respect to the UNE Professional Staff Enterprise Agreement 2023 - 2026 ("the Agreement"): 1. For the purposes of the National Employment Standards, a shift worker is as defined by clause 2 of the Higher Education Industry-General Staff-Award 2020 (Award) 2. University of New England will pay employees in the following positions at least the base rate of pay to which they are entitled under the Award: a. adult building trades apprentices; b. adult electrical trades apprentice; C. adult metal and engineering trades apprentices; d. waiting apprentices. 3. University of New England will conduct a reconciliation, at monthly intervals, to establish whether the total wages of PACCT employees who worked outside the span of 8am to 6pm Monday to Friday on at least four occasions in the month in question were less than or equal to the total wages to which the employee would have been entitled under the Award. Where the reconciliation establishes that the employee was paid the same as or less under the Agreement than they would have been entitled under the Award for performing the same work, the employee will be paid in the following pay period the difference between the wages payable under the Award and the wages paid under the Agreement over the previous month, plus 1% of the difference. 4. Casual employees will be paid the relevant overtime rate for all hours worked outside the relevant span of hours contained in clause 15.1 of the Agreement, or beyond 35 hours per week. 5. University of New England will conduct a reconciliation, at monthly intervals, to establish whether the total remuneration under the Agreement of employees entitled to the following allowances was less than or equal to the total remuneration to which the employee would have been entitled under the Award: a. Cold work; b. Hot work-46℃ to 54℃;
[2025] FWCA 775
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C. Hot work-54℃ and over; d. Wet work; e. Height; f. Confined spaces; Boiler repairs-base; h. Boiler repairs-if inside; i. Insulation materials; i. Toxic substances; k. Dirty work; Asbestos; m. Bitumen work; n. Coloured mortar; 0. Second hand timber; p. Explosive power tools; q. Grindstone; r. Sleepover allowance; S. Computing quantities; t. Certificate. Where the reconciliation establishes that the employee was paid the same as or less under the Agreement than they would have been entitled under the Award for performing the same work, the employee will be paid in the following pay period the difference between the wages payable under the Award and the wages paid under the Agreement over the previous month, plus 1% of the difference. 6. University of New England will provide reconciliation reports to the Joint Consultative Committee in accordance with clause 6.6 of the Agreement in relation to the reconciliations conducted in accordance with undertakings 3 and 5 above. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 27-2-2025 Date
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Part 1 - Coverage and Term of Agreement ............................................................................................. 3
1. Coverage ................................................................................................................................... 3
2. Duration of the Agreement ...................................................................................................... 4
3. Operation of the Agreement .................................................................................................... 5
4. Definitions ................................................................................................................................. 6
5. Principles of the Agreement .................................................................................................... 8
6. Joint Consultative Committee ................................................................................................. 9
Part 2 - Working Arrangements ............................................................................................................. 10
7. Terms and Categories of Employment ................................................................................. 10
8. Continuing Employment ........................................................................................................ 11
9. Fixed-Term Employment........................................................................................................ 12
10. Continuing Contingent Funded Employment ...................................................................... 16
11. Casual Employment ............................................................................................................... 18
12. Aboriginal and Torres Strait Islander Employment ............................................................ 21
13. Family and Flexible Working Arrangements ....................................................................... 23
14. Primary and Alternative Work Location ............................................................................... 25
15. Agreement Flexibility ............................................................................................................. 28
Part 3 - Salaries and Classifications ...................................................................................................... 30
16. Salary and Allowances........................................................................................................... 30
17. Superannuation ...................................................................................................................... 31
18. Salary Packaging .................................................................................................................... 32
19. Classifications ........................................................................................................................ 33
20. Higher Duties Allowance ....................................................................................................... 35
Part 4 - Hours of Work ........................................................................................................................... 36
21. Ordinary Hours of Work ......................................................................................................... 36
22. Shift Work ................................................................................................................................ 38
23. Breaks ...................................................................................................................................... 40
24. Overtime .................................................................................................................................. 41
25. On-Call ..................................................................................................................................... 43
26. Call Back Arrangements ........................................................................................................ 44
27. Workloads ............................................................................................................................... 45
28. Disconnecting from Work ...................................................................................................... 47
Part 5 - Leave ........................................................................................................................................ 48
29. Annual Leave .......................................................................................................................... 48
30. Long Service Leave ................................................................................................................ 50
31. Personal Leave ....................................................................................................................... 53
32. Workers Compensation Leave and Make-Up Pay ............................................................... 55
FlyJ
Draft
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33. Parental Leave ........................................................................................................................ 56
34. Family/Carer's, Compassionate and Religious/Cultural Leave ......................................... 61
35. Jury and Witness Leave......................................................................................................... 63
36. Family and Domestic Violence Leave .................................................................................. 64
37. Study Leave ............................................................................................................................ 66
38. Gender Affirmation Leave ..................................................................................................... 67
39. Public Holidays ....................................................................................................................... 69
40. Close Down ............................................................................................................................. 70
Part 6 - Workplace Change ................................................................................................................... 71
41. Workplace Change ................................................................................................................. 71
42. Redeployment ......................................................................................................................... 77
43. Redundancy ............................................................................................................................ 78
44. Transfer ................................................................................................................................... 79
Part 7 - Performance development and review ..................................................................................... 80
45. Performance, Planning, Development and Review (PPDR) System ................................. 80
46. Secondment ............................................................................................................................ 82
47. Professional Development Fund .......................................................................................... 83
48. Incremental Progression ....................................................................................................... 84
Part 8 - Performance, Discipline and Termination of Employment ....................................................... 85
49. Unsatisfactory Performance ................................................................................................. 85
50. Misconduct and Serious Misconduct ................................................................................... 90
51. Resignation ............................................................................................................................. 96
52. Termination of Employment .................................................................................................. 97
53. Medical Retirement ................................................................................................................. 98
Part 9 - Disputes and Grievances ....................................................................................................... 100
54. Grievance Resolution........................................................................................................... 100
55. Dispute Resolution ............................................................................................................... 106
Part 10 - Miscellaneous ....................................................................................................................... 108
56. Intellectual Freedom ............................................................................................................. 108
57. Union Matters ........................................................................................................................ 109
58. Delegates’ Rights ................................................................................................................. 112
59. Childcare ............................................................................................................................... 115
SCHEDULE A- SALARY RATES-PROFESSIONAL EMPLOYEE SALARY RATES ...................... 116
SCHEDULE B - SALARY RATES- CASUAL PROFESSIONAL EMPLOYEE RATES ....................... 118
SCHEDULE C- APPRENTICE RATES ............................................................................................... 119
SCHEDULE D - ALLOWANCES ......................................................................................................... 120
SCHEDULE E- PROFESSIONAL EMPLOYEE CLASSIFICATION DESCRIPTORS ........................ 123
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Part 1 - Coverage and Term of Agreement
1. Coverage
1.1 This Agreement will be known as the UNE Professional Staff Enterprise Agreement 2023 - 2026
(Agreement).
1.2 This Agreement covers:
(a) the University of New England (the University);
(b) all employees who are employed in the classifications detailed in Schedules A, B, C and
E of this Agreement (Employees); and
(c) the Community and Public Sector Union (CPSU) and the National Tertiary Education
Union (NTEU) subject to section 201(2) of the Fair Work Act 2009 (Cth) (the Fair Work
Act) being met.
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2. Duration of the Agreement
2.1 This Agreement will take effect 7 days after its approval by the Fair Work Commission
(Commencement Date). The nominal expiry date of this Agreement is 30 June 2026.
2.2 The parties will use their best endeavours to meet no later than 3 months before the expiry of
this Agreement to determine resourcing, schedule meetings and commence negotiations for a
replacement agreement.
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3. Operation of the Agreement
3.1 This Agreement rescinds and replaces the UNE Professional Staff Collective Agreement 2019-
2022 and operates to the exclusion of any modern award or other industrial instrument.
3.2 Where there is an inconsistency between this Agreement and the NES, and the NES provides
a greater benefit, the NES provision will apply to the extent of any inconsistency.
3.3 While the parties recognise that the application of this Agreement requires University policies
and procedures to be followed, no legislation, University policy, rule, guidelines, procedure or
process referred to in this Agreement, is incorporated as a term of or forms part of this
Agreement.
3.4 During the nominal term of this Agreement there will be no extra claims in relation to matters
covered by this Agreement.
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4. Definitions
For the purposes of this Agreement, the following definitions apply:
Agreement means the UNE Professional Staff Enterprise Agreement 2023-2026.
Bullying means behaviour that demeans, humiliates or intimidates employees either as individuals or
as a group by: unwelcome and unreasonable behaviour that creates a hostile, uncomfortable or
offensive work atmosphere, and/or the misuse of relative and/or assumed power, including unjustifiable
differential treatment.
Campus means a physical location from which a course of study is being delivered. This location may
or may not be owned by the University.
Casual employment is defined in clause 11.1.
Commencement Date means 7 days after approval by the Fair Work Commission.
Continuing employment is defined in clause 8.
CPSU means the Community and Public Sector Union.
Displaced Employee means an Employee whose position has been identified as surplus to
requirements in an organisational change.
EDB means estimated date of birth, being the day certified by a medical practitioner to be the day on
which the Employee or the Employee's partner, as the case may be, is expected to give birth to a child.
Employee means the Employees referred to in clause 1.2.(b) of this Agreement.
Executive Officer means any senior officer of the University, at the level of Director or above, who
reports directly to the Vice-Chancellor, the Deputy Vice-Chancellor, the Deputy Vice-Chancellor
Research, the COO or the CFO.
Fair Work Act means the Fair Work Act 2009 (Cth) as amended or replaced from time to time.
Fixed-Term employment is defined in clause 9.1
Flexible Working Hours Arrangement means an agreement between an Employee and the University
for the Employee to work flexible working hours (start and finish times) in accordance with clause 13.
FWC means the Fair Work Commission of Australia.
Health and Safety Representative is a staff member who has completed current accredited Health
and Safety Representative training and has been elected by work group members to represent the work
group on the UNE Work Health and Safety Strategic Committee. A Health and Safety Representative
has the powers and functions as defined in Subdivision 5 (s68) of the Work Health and Safety Act 2011
(NSW).
JCC means the Joint Consultative Committee established in accordance with clause 6.2.
Merit Selection is defined in the Staff Recruitment Rule.
NES means the National Employment Standards within the meaning of the Fair Work Act.
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People and Culture includes any successor to that function.
Representative means a member of the Union or other person who is not currently a practicing solicitor
or barrister in private practice.
NTEU means the National Tertiary Education Industry Union.
Part-Time employment is defined in clause 8.2.
PPDR means Performance, Planning, Development and Review.
Senior Executive Officer means any senior officer of the University, above the level of Director, who
reports either directly to the Vice-Chancellor or directly to the Deputy Vice-Chancellor.
TOIL means time off in lieu of overtime.
UNE and University mean the University of New England.
Union means the CPSU or NTEU.
VC means Vice Chancellor and Chief Executive Officer of UNE or nominee.
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5. Principles of the Agreement
5.1 This Agreement
(a) is designed to assist the University to achieve its strategic objectives;
(b) outlines initiatives that will ensure the sustainability, ongoing growth and viability of the
University as well as build a positive workplace culture with conditions of employment
and remuneration consistent with the higher education sector;
(c) values job security, provides work life balance and recognises performance at the
organisational and individual level; and
(d) aims to ensure that the University is able to adapt to change and improve effectiveness
while providing a meaningful and fair work environment for Employees.
5.2 The University and its Employees are committed to the:
(a) maintenance of a safe and healthy workplace and learning environment where all
participants are treated with dignity and respect;
(b) prevention and elimination of workplace Bullying and the University commits to providing
staff with information and training about Bullying and the options for staff to deal with an
allegation of Bullying, including by making a complaint in accordance with Clause 54
Grievance Procedures. This commitment to prevent and eliminate Bullying is also
supported by the Prevention of Harassment, Bullying and Discrimination Policy and
related procedures;
(c) prevention and elimination of all forms of discrimination under relevant anti-
discrimination legislation, including discrimination on the basis of race, colour, sex,
gender identity, intersex status, sexual preference, age, physical or mental disability,
marital or relationship status, family responsibilities, pregnancy, religion, political
opinion, trade union membership and activity, national extraction or social origin and will
continue to work to help prevent and eliminate any such discrimination;
(d) recognition of the intellectual property and moral rights of the University and Employees
as provided by common law, legislation and policy, including provision for appropriate
sharing of proceeds (after costs) from the commercialisation of intellectual property
between the creators of the intellectual property and the University;
(e) observance of legislative obligations relating to employment conditions at the University
and specifically the University is committed to the observance of legislative obligations
relating to workplace surveillance and record-keeping legislation; and
(f) the implementation of this Agreement.
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6. Joint Consultative Committee
6.1 The University is committed to open discussion and direct consultation with Employees and
Unions about workplace issues. It is recognised that there will be significant consultation during
the period of the Agreement on matters involving implementation of this Agreement, operational
and cultural change and matters affecting Employees generally or in a particular case. Such
matters will be discussed in a spirit of cooperation and trust to ensure that Employees and the
Unions have an opportunity to raise workplace issues, to receive all relevant information on
issues that affect them, to have an opportunity to contribute their views on those issues and to
have meaningful involvement in decision making.
6.2 Joint Consultative Committee (JCC) will be established within 20 working days of the
commencement of this Agreement for the purpose of implementing and monitoring this
Agreement.
6.3 The JCC will be the forum through which UNE, its Employees and the Unions consult generally
on matters affecting Employees including the development, variation or revocation of any
employment related University policies. The JCC will meet a minimum of 6 times per year.
Additional meetings can be convened at the request of any member of the JCC. The JCC will
meet during ordinary hours. Union representatives will be given time release from normal duties
for this role. If after going through the consultation process the University does not agree to any
suggestions for changes to draft policy provided by members of the JCC, the University will
provide the reasons as to why suggestions were not incorporated into the new or amended
policy. The Vice Chancellor (VC) has final approval of all employment related policies.
6.4 The JCC will comprise:
(a) 3 CPSU members;
(b) 3 NTEU members; and
(c) up to 4 University nominees.
6.5 Additional employees may attend by agreement of the JCC.
6.6 The Chair will rotate through the parties at each meeting. The University will call for agenda
items and will distribute agendas, papers and action items at least 10 working days prior to each
scheduled meeting.
6.7 The University will provide appropriate administrative support to the JCC.
6.8 In November of each year, the JCC will schedule the dates of its meetings for the following year.
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Part 2 - Working Arrangements
7. Terms and Categories of Employment
7.1 Upon employment, the University will provide to the Employee a contract of employment,
including a position statement (other than for Casual Employees), that stipulates the type of
employment and informs the Employee of the terms of engagement. The contract will include:
(a) for Employees, other than Casuals, the classification level and salary of the Employee
(which will normally be at the first salary point of a classification unless a higher
increment can be justified based on previous relevant full-time equivalent continuing or
fixed-term employment), and the hours or the fraction of full-time hours to be worked;
(b) for a Fixed-Term Employee, the term of the employment;
(c) for Casual Employees, the duties required, the number of hours required, the rate of pay
for each class of duty required and a statement that any additional duties will be paid for;
and
(d) other main conditions of employment including the duties and reporting relationships to
apply upon appointment.
7.2 The University will engage a person as an Employee on one of more of the following types of
employment: Continuing, Fixed-Term, Continuing Contingent or Casual basis in accordance with
clauses 8-11.
7.3 Where practicable and in accordance with this Agreement, it is the University's preference to
offer continuing employment opportunities and promote job security.
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8. Continuing Employment
Definitions
8.1 Continuing employment means all employment other than Fixed-Term or Casual
employment. Continuing Employment may be full-time or Part-Time.
8.2 Continuing Contingent Employment means employment pursuant to clause 10.
8.3 Part-Time employment means employment for less than the normal weekly ordinary hours
specified for a full-time Employee, for which all entitlements are paid on a pro-rata basis
calculated by reference to the time worked.
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9. Fixed-Term Employment
Definition
9.1 Fixed-Term employment may be full-time or Part-Time, and means 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 in lieu of a finishing date, the instrument of
engagement 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).
9.2 During the term of employment, the contract is not terminable, by the University, other than for
Serious Misconduct, Unsatisfactory Performance or Employees within the Probationary Period
of employment subject to the provisions of this Agreement. Nothing in this Agreement prevents
the University from not requiring an Employee to attend for work where it pays the balance of a
Fixed-Term contract.
Categories of Fixed-term employment
9.3 The use of Fixed-Term employment will be limited to the employment of an Employee engaged
on work activity that comes within the description of one or more of the following circumstances:
(a) A Specific task or project is:
(i) a definable work activity which has a starting time and which is expected to be
completed within an anticipated timeframe and does not replace existing
Continuing positions; and/or
(ii) a period of employment provided for from an identifiable funding external to the
University, 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.
Unless there are exceptional circumstances, the term of the contract will be for the full
period of the funding provided in sub-clause 9.3(a)(ii).
(b) Research means work activity by a person engaged on research-only functions, which
is provided for from an identifiable funding source external to the University, 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. An Employee engaged in
accordance with this subclause (after the commencement of this Agreement) will
automatically convert to Contingent Continuing Employment after 2 years.
(c) Replacement Employee means an Employee:
(i) undertaking work activity 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 (or performing work or duties
other than) their usual work or duties area, or has reduced their fraction of
employment for a definable period of time; or
(ii) performing the duties of:
(A) a vacant position pending a recruitment process; or
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(B) a position the normal occupant of which is performing higher duties
pending the outcome of recruitment action for the vacant higher duties
position;
until a full-time or Part-Time Employee is engaged for the vacant position or
vacant higher duties position as applicable.
(d) 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, industry or commercial experience, such a person may be engaged
on a fixed-term contract. For the purpose of this paragraph, practical, industry or
commercial practice will be considered as recent only when it has occurred in the
previous 2 years.
(e) 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 mutually agreed as the appropriate type of employment for a
period of up to 5 years.
(f) Fixed-term contract employment subsidiary to studentship - where a person is
enrolled as a student, employment under a fixed-term contract may be adopted as the
appropriate type of employment for work activity, not within the description of another
circumstance in the preceding paragraphs of this sub clause, that is work generally
related to a degree course that the student is undertaking within the academic unit,
provided that:
(i) such fixed-term contract employment expires at the end of, the academic year in
which the person ceases to be a. student, including any period that the person
is not enrolled as a student but is still completing postgraduate work or is awaiting
results; and
(ii) that an offer of fixed-term employment under this paragraph will not be made on
the condition that the person offered the employment undertake the studentship.
(g) Apprenticeship or Traineeship - an apprentice or trainee employed pursuant to an
apprenticeship or traineeship approved by the relevant State or Territory training
authority.
Notice of Cessation or Renewal of Employment upon Expiry of Contract
9.4 The University will advise, and the supervisor will discuss with, Fixed-Term Employees about
the impending termination or renewal of their contract, and this will be no later than 4 weeks
before the end of their contract.
Further Employment
9.5 Where the University has decided to continue the position with the same or similar duties and at
the same classification level, the incumbent will be offered further employment in that position,
provided the incumbent was employed in the relevant position through Merit Selection process
and has performed satisfactorily in that position. Where an employee refuses the offer of further
employment, there will be no entitlement to severance pay.
Conversion to Continuing Employment
9.6 The University will not take any action to avoid an obligation under this clause.
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9.7 A Fixed-Term Employee can apply for and will be offered conversion to Continuing employment
in their position provided the following criteria are met:
(a) the Employee was previously subject to Merit Selection for an advertised position; or
(b) either:
(i) the Employee is on a second or subsequent contract and has served a minimum
period of 12 months; or
(ii) the Employee has served a minimum period of 18 months in the role; and
(c) the Employee has performed satisfactorily in that position.
9.8 The University will not be required to offer conversion where it demonstrates that there is no
ongoing requirement for the duties that have been undertaken in that position nor in a
substantially similar position.
9.9 If the University declines conversion in accordance with this clause, it may at its discretion offer
an appointment to Continuing Contingent Employment.
9.10 The University will determine the application within 20 working days of the application being
made, and write to the employee confirming the conversion to Continuing employment, or
demonstrating the duties are no longer required in accordance with this clause.
Severance Pay
9.11 Where a Fixed-term Employee employed on a contract for a Specific Task or Project, or
Research (within the meaning of sub-clause 9.3) seeks a further contract of employment, but
this is not offered in the following circumstances:
(a) the Employee is employed on a second or subsequent Fixed-Term contract with the
same or substantially similar duties and classification and that position is no longer
required by the University; or
(b) the Employee is employed on a Fixed-Term contract and the same or substantially
similar duties and classification continue to be required but another person has been
appointed, or is to be appointed, to the same or substantially similar position,
the Employee will be entitled to a severance payment as follows:
Period of continuous service Severance Pay
Up to the completion of 2 years 4 weeks' pay
Over 2 years and up to the completion of 3 years 6 weeks' pay
Over 3 years and up to the completion of 4 years 7 weeks' pay
Over 4 years 8 weeks' pay
9.12 Where an Employee refuses an offer of further employment, there will be no entitlement to
severance pay in clause 9.11.
9.13 Where the University informs an Employee in writing that further employment will be offered
within 6 weeks of the expiry of Fixed-Term employment, then the University may defer payment
of severance benefits until the end of the further employment.
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9.14 Where an Employee receives a severance payment and is offered a subsequent contract of
employment within 6 weeks of the end of the initial contract for which severance was paid, the
period of continuous service commences from the first day of the subsequent contract.
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10. Continuing Contingent Funded Employment
10.1 The University may appoint Employees to Continuing (Contingent Funded) positions and may
convert existing Fixed Term Employees to Continuing (Contingent Funded) positions in
accordance with this clause, as an alternative to appointing Employees to Fixed Term positions
in accordance with clause 9.
10.2 “Contingent Funding” is limited-term funding provided from an external source or combination
of such sources, but not funding that is part of an operating grant from government or funding
comprised of payments of fees made by or on behalf of students.
10.3 The University may offer an existing Fixed Term Employee or prospective Employee Continuing
(Contingent Funded) employment where their position is funded by Contingent Funding.
10.4 An Employee may apply for the University to convert their Fixed Term position to a Continuing
(Contingent Funded) position where the position is funded by Contingent Funding.
10.5 The following provisions do not apply to staff on Continuing (Contingent Funded) employment:
(a) Notice, redundancy, redundancy review and any other provisions of clause 42, 43, or 52
that apply to staff employed on a continuing contract of employment;
(b) The provisions of clause 54 (grievances) to the extent the grievance relates to any matter
arising out of the operation of this clause.
10.6 Where the funding that supports a staff member’s Continuing (Contingent Funded) employment
ceases:
(a) The University may transfer the staff member to another equivalent position.
(b) If a transfer opportunity does not exist, the staff member will be provided with a minimum
of four weeks’ notice of termination, or five weeks if the staff member is over 45 years of
age, which the University may pay out in lieu of notice.
(c) If, during the notice period, the contingent funding for the position is renewed, the notice
period ceases to apply and employment continues.
(d) If an application for renewal of the funding is still pending, then by mutual agreement the
period of employment for the position funded may continue for any period of up to 12
weeks to facilitate continuity of service. If the funding for the position is renewed, the
Employee’s employment will continue and there will be no entitlement to any severance
payment or payment in lieu of notice.
(e) At the end of the notice period the employment relationship will cease and payment in
accordance with clause 9.11 of the Agreement (Severance) will be paid to the Employee.
10.7 It is not the intention of this clause that the conditions of employment of a staff member be worse
than had he/she been employed on a fixed-term position subject to contingent funding.
Accordingly, the University will not terminate the employment of a staff member on Continuing
(Contingent Funded) employment unless:
(a) the contingent funding that supports the position ceases or is insufficient; or
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(b) the inherent nature of the work required has changed significantly and the skills and
experience of the staff member will not enable them to complete the requirements of the
position; or
(c) termination is under the probation, performance management, disciplinary provisions of
this Agreement.
10.8 Severance payments will not be made where the staff member:
(a) declines an offer of further employment or redeployment where funding for his/her
position ceases; or
(b) resigns.
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11. Casual Employment
General
11.1 Casual Employment means a person engaged by the hour and paid on an hourly basis. A casual
Employee will be paid a casual loading of 25% in addition to the base hourly rate for all work
performed in accordance with Schedule B. The casual loading is paid in lieu of benefits for which
a casual employee is not eligible. The minimum period of engagement of a casual Employee will
be three (3) hours.
11.2 A casual Employee will only be entitled to overtime where hours worked are in excess of ten
(10) hours per day. Each day will stand-alone.
11.3 Nothing in this Agreement prevents an Employee engaging in additional work as a Casual
Employee at UNE in work unrelated to, or identifiably separate from, the Employee's normal
duties and hours of work subject to the approval of their supervisor (which will not be
unreasonably withheld). The payment of overtime under clauses 24.3 to 24.5, Minimum Break
Following Overtime, does not apply to such additional casual work. The provisions of this
Agreement to not work excessive hours should also be considered by Employees and
supervisors if engaging in additional casual work.
11.4 Causal Employees will be eligible to apply for internally advertised University positions.
Induction
11.5 All Casual Employees will be paid up to 3 hours at their standard hourly rate for the purpose of
completing induction to the University. A Casual Employee will be expected to complete re
induction once in every 2-year period and will receive payment for this time subject to
demonstrating that induction has been completed.
11.6 Where the University directs a Casual Employee to work more than the minimum hours for which
payments are provided for in clause 11.6, or to undertake further mandatory training required to
perform the role, the Employee will be paid at their standard hourly rate.
11.7 A Casual Employee on multiple simultaneous engagements will only be paid for a single
induction once in every 2-year period.
Professional Development
11.8 Casual Employees who have completed or have confirmed by their supervisor that they will be
engaged for 420 hours or more across a 12-month period will have access to up to 7 hours per
annum of paid time at their standard hourly rate for the purpose of professional development to
assist the Casual Employee to undertake the tasks they are performing at the University.
11.9 To gain access to the professional development the Casual Employee will need to request and
obtain approval from their supervisor. In requesting approval the Casual Employee will need to
identify how the professional development will support them in their current role at the University.
11.10 A Casual Employee on multiple simultaneous engagements will only be paid for professional
development once in every 12-month period.
Conversion
11.11 An Employee must not be engaged and re-engaged nor have their hours reduced in order to
avoid any obligation under the conversion provisions of this Agreement.
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11.12 Upon appointment, the University will advise a casual Employee that, after serving qualifying
periods, they may have a right to apply, in writing, for conversion.
11.13 The University will also take reasonable steps from time to time to inform casual Employees of
the conversion provisions of this Agreement.
11.14 An eligible Casual Employee may apply in writing for conversion to non-casual employment in
accordance with the conversion provisions of this Agreement.
11.15 To be eligible to apply for conversion, a Casual Employee must be employed on a regular and
systematic basis in the same or a similar and identically classified position in the same
department (or equivalent), either:
(a) over the immediately preceding 12 months, provided the average weekly hours worked
during the period equalled at least 50% fraction; or
(b) over the immediately preceding period of at least 24 months.
11.16 For the purposes of these provisions, occasional and short-term work performed by the Casual
Employee in another classification, job or department will not:
(a) affect the Employee's eligibility for conversion; or
(b) be included in determining whether the Employee meets or does not meet the eligibility
requirements.
11.17 The University will not unreasonably refuse an application for conversion. However it may refuse
an application on reasonable grounds, including, but not limited to, the following:
(a) the Employee is a student, or has recently been a student, other than where the
Employee's status as a student is irrelevant to their engagement and the work required;
(b) the Employee is a genuine retiree;
(c) the Employee is performing work which will either cease to be required or will be
performed by a non-casual employee, within 26 weeks (from the date of application);
(d) the Employee has a primary occupation with the University or elsewhere, either as an
Employee or as a self-employed person;
(e) the Employee does not meet the essential requirements of the position; or
(f) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular.
11.18 The University must determine an application for conversion either by offering conversion to
non-casual employment (either a Continuing or Fixed-Term appointment, on a Part-Time or full-
time basis) or by rejecting the application and providing written reasons for rejection.
11.19 Conversion may be to either a Continuing appointment or a Fixed-Term appointment. The offer
of conversion will indicate the hours and pattern of work which, subject to due consideration of
the employer's operational requirements and the desirability of offering the Employee work which
is as regular and continuous as is reasonably practicable, will be consistent with the Employee's
casual engagement. The conversion offer will also constitute (and include such other details as
are required for) a contract of employment under clause 7.1 of this Agreement.
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11.20 Conversion may be, but is not required to be, to part-year, annualised hours or seasonal
employment. This may occur where by custom and practice the work has been performed by
Casual Employees on such a basis, or otherwise by agreement between the Employee and the
University.
11.21 Employees converted under this clause will not have their casual service count as service for
the purpose of calculating any other existing entitlements except for:
(a) long service leave in accordance with the applicable long service leave legislation; and
(b) any applicable unpaid parental leave in accordance with legislation; and
(c) in accordance with the Fair Work Act 2009.
11.22 An Employee whose application for conversion is rejected will not be entitled to apply again
within 12 months except where:
(a) that rejection is solely based upon the ground set out in clause 11.17(c); and
(b) that ground ceased to apply.
11.23 A dispute arising from the application of this clause will be dealt with in accordance with the
dispute procedures set out in clause 55 of this Agreement.
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12. Aboriginal and Torres Strait Islander Employment
General
12.1 The University is one of the largest employers in the region, employing 1339 (1226.2 FTE) staff
as at 1 June 2024, excluding casual staff. As such the University can play a major role in
Aboriginal and Torres Strait Islanders employment in the area. The University is committed to
encouraging, fostering and realising Aboriginal and Torres Strait Islander employment and
having an active role in implementing the aims of the National Indigenous Higher Education
Workforce Strategy.
12.2 During the life of this agreement the University will implement an Aboriginal and Torres Strait
Islander Employment Strategy, with the aims of the strategy being to increase the number and
dispersion of Aboriginal and Torres Strait Islander staff within the University to working age
population parity. The University will, over the life of this Agreement, use its best endeavours to
increase Aboriginal and Torres Strait Islander representation in employment throughout the
University to 43 FTE, excluding casual staff.
12.3 The University will report on the number of Aboriginal and Torres Strait Islander staff, the number
of full-time equivalent positions they occupy, the numbers of how many are professional staff
and academic staff, gender, and its efforts to achieve this target at each meeting of the JCC.
12.4 In addition to the employment strategy, the University will continue to:
(a) recognise Aboriginal and Torres Strait Islander cultural practices and identity;
(b) ensure policies and procedures support the elimination of racism in the workplace, and
make the institution culturally responsive and responsible;
(c) provide staff development, training and mentoring of Aboriginal and Torres Strait
Islander Employees;
(d) provide for training on the implementation of employment strategies and cultural diversity
programs for managers and staff;
(e) provide Aboriginal and Torres Strait Islander Fixed-term Employees displaced in
connection with organisational change with support to seek alternative employment
opportunities within the University;
(f) recognise additional cultural load undertaken by Aboriginal and Torres Strait Islander
Employees on behalf of the University and ensure that where the University calls staff
on to perform cultural duties these are recognised in workload allocation, noting that no
Aboriginal or Torres Strait Islander Employee is obliged to perform such duties; and
(g) maintain effective links with relevant Aboriginal and Torres Strait Islander communities
and agencies.
Consultation
12.5 The Committee established to oversee the implementation of the Aboriginal and Torres Strait
Islander Employment Strategy will comprise Aboriginal and Torres Strait Islander Union (NTEU
& CPSU) representation.
Selection Committees
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12.6 Where practicable, recruitment panels for positions within the Oorala Aboriginal Centre and
Identified Aboriginal and Torres Strait Islander positions will comprise at least 50% Aboriginal
and Torres Strait Islander membership, including the Aboriginal and Torres Strait Islander
Employment Officer or their representative.
Indigenous Language Allowance
12.7 An Employee who is required to substantially use an indigenous language in the course of their
employment (with a recognised proficiency in any one of the Aboriginal or Torres Strait
languages) will be paid an allowance as set out in Schedule D.
Cultural and Ceremonial Leave
12.8 The University recognises the importance of cultural and ceremonial activities, such as NAIDOC
week for Aboriginal and Torres Strait Islander Employees and supports their participation in such
activities.
12.9 Aboriginal and Torres Strait Islander Employees will receive an additional 10 days of paid cultural
and ceremonial leave per calendar year to participate in recognised Aboriginal and Torres Strait
Islander activities of a cultural or ceremonial nature.
12.10 Leave under this clause will be non-cumulative.
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13. Family and Flexible Working Arrangements
13.1 The University acknowledges that having a work/life balance is a key contributor to the health,
wellbeing and engagement of staff, and acknowledges the support that such a commitment will
provide to gender equity. The purpose of the flexible working hours arrangement is to assist staff
to attain work/life balance and meet family needs and responsibilities while at the same time
ensuring the University's operational requirements are met.
13.2 Short term flexible arrangements normally for periods of less than 3 months, may include:
(a) flexible working hours (start and finish times) for a defined period;
(b) short breaks of an hour or two to resolve personal or crisis situations or to attend
appointments off campus;
(c) leave scheduled to accommodate family, carer or other commitments;
(d) reduced hours for short, defined periods to enable family, carer or other commitments to
be managed;
(e) planned work programs to avoid unplanned roster changes or the need to work late.
13.3 Longer term flexible working arrangements include provisions such as:
(a) flexible working hours (start and finish times);
(b) Part-Time employment;
(c) special arrangements (including leave), e.g. for non-custodial parents and for those with
elder care responsibilities;
(d) return to work following parental leave;
(e) addressing the specific needs of nursing mothers and new parents;
(f) balancing work and life.
13.4 To access flexible working arrangements, Employees must apply in writing to their supervisor,
setting out the nature and duration of the arrangements they are seeking. Such application must
be in accordance with this clause and consistent with University policy.
13.5 For a flexible working hours arrangement, the ordinary hours of work will be a maximum of 140
hours over a 4-week period. An Employee may work for a maximum of 10 hours in one day,
excluding meal breaks. The Employee must be on duty for all core time periods stipulated in
University policy and attend or perform work at specific times in accordance with directions from
their supervisor.
13.6 The University will reasonably consider applications for a flexible working arrangement made in
accordance with this clause and may only refuse such an application on reasonable business
grounds. If the University refuses the request, the written response must include details of the
reasons for refusal. If the application is refused, the University will also explore possible
alternative options submitted by the Employee.
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13.7 In the event of multiple applications for flexible working arrangements, the University may give
priority to applications in the following circumstances:
(a) the Employee is a parent, or has responsibility for the care, of a child who is school age
or younger;
(b) the Employee is a carer within the meaning of the Carers (Recognition) Act 2010 (NSW);
(c) the Employee has a disability;
(d) the Employee is experiencing violence from a member of their family; or
(e) the Employee has a right, in accordance with legislation, to request flexible working
arrangements.
13.8 Where it is agreed between the University and the Employee to work a flexible working
arrangement, the agreement must be in writing.
13.9 Where the flexible working arrangement is no longer meeting the University's business
requirements or the individual needs of the Employee, either party may provide 4 weeks' notice
in writing to cease the arrangement.
13.10 This clause is not intended to limit in any way the operation of (and is intended to satisfy the
University's obligations under) legislation, including the Fair Work Act.
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14. Primary and Alternative Work Location
14.1 All Employees, including casual Employees, will have their primary work location specified:
(a) for Employees employed following commencement of the Agreement – in their letter of
offer of employment;
(b) for Employees employed prior to commencement of the Agreement – if requested, in a
written confirmation.
14.2 The primary place of employment will be a Campus of the University.
14.3 An Employee directed to work at a place other than their primary work location will be either:
(a) provided transportation to and from that place at the University’s expense; or
(b) reimbursed for reasonable travel expenses in accordance with University policy; or
(c) where travelling by way of private vehicle approved in accordance with University policy,
be paid the relevant mileage rate as applicable under that policy.
14.4 Where an Employee is directed to work at a place other than their primary work location, any
time in addition to the Employee’s usual travel time to their primary work location will be
considered time worked.
14.5 Where an employee’s Primary Work Location changes during their employment, this will be
confirmed in writing.
14.6 Where the University proposes a permanent change to an employee's primary work location, it
will do so in accordance with the major change provisions of clause 41. As a mitigation against
job loss, if the affected employee agrees to this change of location, or voluntarily applies for and
is appointed to a position, which entails a change to their current primary place of employment
outside of Armidale, the University will pay reasonable costs of removal of personal effects
consistent with University policy. For the avoidance of doubt, if during an organisational change
an employee does not agree to a change in location as a mitigation against job loss, the
provisions of clause 41 Organisational Change apply.
Applying for an alternative work location arrangement
14.7 For the purposes of this clause, an Alternative Work Location is a location other than the
Employee’s primary place of work specified in accordance with clause 14.1 above.
14.8 Subject to subclause 14.11 and 14.12, ongoing and fixed term Employees will be entitled to
apply for and be approved to work at an Alternative Work Location for up to 2 days per week.
Approval of more than 2 days will be at the University’s discretion. A part-time Employee’s
entitlement will be calculated on a pro rata basis.
14.9 An Employee who wishes to apply for an Alternative Work Location arrangement must make a
written application to their Supervisor setting out the nature of the proposed arrangement,
including:
(a) the proposed duration of the arrangement;
(b) The times and days of the proposed Alternative Work Location arrangement;
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(c) The expected or usual Alternative Work Location; and
(d) The reasons for requesting the Alternative Work Location arrangement.
14.10 A Supervisor must advise the Employee of the outcome of their application in writing within 10
working days and provide reasons if the request is declined.
14.11 A Supervisor may approve an application to work from an Alternative Work Location where
reasonable operational grounds allow that to occur. Reasonable operational grounds which may
prevent approval include:
(a) An inability for any of the Employee’s work to be performed remotely, for example where
necessary equipment is required to be located (or necessary tasks are required to be
performed) at the Employee’s primary work location;
(b) An inability for the Employee’s work to be adequately supervised while being performed
at the Alternative Work Location;
(c) Work health and safety considerations; or
(d) Performance concerns that make working from an Alternative Work Location
undesirable.
14.12 In determining a request to work from an Alternative Work Location, a Supervisor must consider
at least:
(a) the nature of the Employee’s role;
(b) appropriate and effective communication with office-based Employees;
(c) the need to ensure adequate interaction with colleagues;
(d) the operational requirements of the work unit including hours of work, scheduling of work,
and the possibility of rotation of alternative working arrangements within teams;
(e) privacy and security; and
(f) health and safety.
14.13 A Supervisor will use their best endeavours to accommodate any reasonable request by an
Employee to work from an Alternative Work Location.
14.14 An Alternative Work Location arrangement will be reviewed:
(a) 3 months after its commencement; and
(b) then, every 6 months or at the request of an Employee.
14.15 An Alternative Work Location arrangement will be recorded in writing, signed by the Employee
and the delegated officer of the University, and placed in the Employee’s employment file.
14.16 For the avoidance of doubt, all provisions of this Agreement continue to apply to an Employee
with an Alternative Work Location arrangement, including provisions relating to hours of work
and career progression.
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Terminating an Alternative Work Location arrangement
14.17 An Employee may terminate an Alternative Work Location arrangement at any time by providing
their Supervisor with at least 10 working days’ notice in writing.
14.18 A Supervisor may terminate or temporarily adjust an Alternative Work Location arrangement
following consultation with the Employee if:
(a) the arrangement becomes impractical having regard to the requirements of the
Employee’s role and/or work unit; or
(b) the Supervisor reasonably considers the arrangement is adversely impacting the
Employee’s work performance.
14.19 Any termination of an Alternative Work Location arrangement will take effect no sooner than 10
days from the date of notification of its termination, unless there are work health and safety or
behavioural concerns justifying a shorter notice period.
14.20 If an Employee with an Alternative Work Location arrangement is appointed to a different
position within the University, their existing arrangement will cease. The Employee will be
entitled to apply for an Alternative Work Location arrangement working in their new position in
accordance with this clause.
Further applications
14.21 In addition to any other rights prescribed by this Agreement, an Employee whose application for
an Alternative Work Location arrangement is declined or terminated may within the six months
after that declinature or termination make a further application for such an arrangement only
where circumstances have changed in relation to the matters referred to in subclause 14.11 and
14.12.
Ad hoc arrangements
14.22 Nothing in this clause limits an employee requesting, and their supervisor approving, a short-
term ad hoc Arrangement of no more than four weeks. Such requests maybe made at short
notice and will not be unreasonably refused.
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15. Agreement Flexibility
15.1 Notwithstanding any other provision of this agreement, the University and an individual
Employee may agree to make an individual flexibility arrangement to vary the effect of certain
terms of this Agreement to meet the genuine needs of the University and the individual
Employee. The agreement between the University and the individual Employee must be
confined to a variation of one or more of the matters listed below:
(a) overtime rates for HEO Level 8 or above; and
(b) penalty rates for HEO Level 8 or above.
15.2 The University and the Employee must have genuinely made the arrangement without coercion
or duress. An arrangement under this clause can only be entered into. after the individual
Employee has commenced employment with the University.
15.3 The arrangement must be confined to a variation of the matters in clause 15.1 and result in the
Employee being better off overall than they would have been if no individual flexibility agreement
had been agreed to. The agreement will be taken not to disadvantage the individual employee
in relation to their terms and conditions of employment if:
(a) The agreement does not result, on balance, in a reduction in the overall terms and
conditions of employment of the individual employee under this Agreement; and
(b) The agreement does not result in a reduction in the terms and conditions of employment
of the individual employee under any other relevant laws of the Commonwealth or any
relevant laws of a State or Territory.
15.4 The University when seeking to enter into an arrangement must provide a written proposal to
that Employee. Where the Employee's understanding of written English is limited, the University
must take measures, including translation into an appropriate language, to ensure the Employee
understands the proposal.
15.5 The University must ensure that the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the University and the Employee;
(c) is signed by the University and the individual 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;
(ii) details 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 their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
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15.6 The University must give the Employee a copy of the individual flexibility agreement within 14
days after it is agreed to.
15.7 The University or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement and
the agreement ceasing to operate at the end of the notice period; or
(b) if the University and Employee agree in writing – at any time.
15.8 The University will provide a copy of an Employee's flexibility arrangement made under this
clause to a Union, upon the written request of the Employee.
15.9 The right to make an arrangement pursuant to this clause is in addition to, and is not intended
to otherwise affect, any provision for an agreement between the University and an individual
Employee contained in any other term of this agreement.
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Part 3 - Salaries and Classifications
16. Salary and Allowances
16.1 The salary and casual rates are set out in Schedules A - C of this Agreement. Part-Time
Employees will receive salary entitlements on a pro-rata basis.
Salary increases
16.2 In the first full pay period following 1 July 2023, the University paid an increase of 2%
administratively to all classifications covered by this Agreement.
16.3 In the first full pay period following 1 July 2024, the University paid an increase of 3%
administratively to all classifications covered by this Agreement.
16.4 Upon approval of this Agreement the University will pay the following salary, with each rate
compounding onto the previous salary:
(a) 3% from the first full pay period to commence on or after 1 July 2025;
(b) 5.2% from the last full pay period on or before 30 June 2026.
16.5 Employees will be paid fortnightly, in arrears, by electronic funds transfer into a bank, credit
union or other financial institution account nominated by the Employee and acceptable to the
University.
16.6 Apprentices will be paid rates in accordance with the following percentages of the salary
prescribed for the first step of HEO Level 3:
(a) 1st year - 45%
(b) 2nd year - 60%
(c) 3rd year- 75%
(d) 4th year - 90%.
16.7 All rates of pay contained in this Agreement are inclusive of annual leave loading entitlements
specified in any legislation, award or industrial agreement.
16.8 Employees are eligible for allowances in accordance with Schedule D.
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17. Superannuation
17.1 The University will make 17% employer superannuation contributions for all Continuing and
Fixed Term Employees
17.2 Subject to legislative limitation, UniSuper is the default superannuation fund of this Agreement.
The University will provide information about UniSuper as part of its onboarding process for new
Employees
17.3 Employees who are currently contributory members of the State Superannuation Scheme or the
State Authorities Superannuation Scheme will continue to be entitled to the legislative provisions
covering those schemes.
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18. Salary Packaging
Employees may participate in packaging of salary for superannuation and other items approved in
accordance with University policy and procedures from time to time, and subject to requirements of the
Australian Taxation Office and relevant legislation. If the employment of an employee who has entered
into a salary packaging agreement with the University is terminated for any reason, then any payments
resulting from the termination will be paid at the rate of the pre-salary-sacrifice salary. This includes but
is not limited to annual leave, long service leave, redundancy and notice.
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19. Classifications
19.1 All professional staff, excluding Casual staff, will have a position statement approved by the
Executive Officer. A position statement must include the position dimensions, objective, duties,
qualifications and selection criteria and to whom the position holder reports.
19.2 All professional staff positions will be classified according to the Professional Employee
Classification Descriptors as set out in Schedule E and University policy and procedures.
19.3 Positions will be classified at the level which most accurately reflects the work required to be
performed, taking into account the duties and responsibilities of the position.
19.4 Position statements will be developed or amended by the supervisor, in consultation with the
incumbent Employee (where there is an incumbent). Staff in the work area, whose work directly
interacts with the position being reviewed, will be notified of proposed changes.
Re-classification
19.5 Where an Employee believes there has been a significant change to their duties and
responsibilities and the level of their position has therefore changed, they may apply (with
reasons), through their supervisor, for a review of the position description and classification by
People and Culture. The supervisor will provide comment on the application prior to forwarding
the application to People and Culture in a timely manner.
19.6 A position will not usually be considered for re-classification under clause 19.5 within 12 months
of its last review, unless a significant workplace change has taken place or the incumbent has
vacated the position.
19.7 The position classification review will be:
(a) of the position, not the incumbent Employee;
(b) based solely on the assessment of the position statement documentation against the
Professional Employee Classification Descriptors as set out in Schedule E and
University policy and procedures and does not incorporate any assessment of the
personal attributes or performance of the occupant of the position;
(c) undertaken irrespective of the funding source; and
(d) transparent, with the outcomes documented.
19.8 A change in work performed does not of itself constitute a case for re-classification. Re
classification may be appropriate where the duties and responsibilities of the position have been
affected by ongoing change. Some other changes may be better addressed by a higher duties
allowance. Where a set of duties are only for a fixed-term or where the supervisor and Employee
agree that the duties are temporary, a higher duties allowance will be paid for the duration as an
alternative to re-classification.
19.9 Where there is an incumbent Employee in a position which is re-classified to a higher level, the
incumbent will retain the position. The effective date of the new classification level and
remuneration will be the date on which the position statement and application for review was
lodged with People and Culture.
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19.10 Where there is an incumbent Employee in a position, and the position is re-classified to a lower
level, the incumbent will retain the position and their remuneration level, access to increments
and general pay rises will be maintained for the duration of their occupancy of the position.
19.11 Appeals
(a) Should an Employee not agree with the outcome of the evaluation, the matter may be
referred to the Director, People and Culture for review by the Classification Appeals
Committee.
(b) Appeals for review must be notified within ten (10) working days from notification of the
classification outcome.
(c) Appeals must be in writing to the Director, People and Culture and must describe the
reasons for the appeal and provide any supporting documentation.
(d) Where the Classification Appeals Committee is established, it will comprise:
(i) The Director, People and Culture (or nominee);
(ii) an employee nominated by the University;
(iii) an employee nominated by the CPSU; and
(iv) an employee nominated by the NTEU.
(e) The University will provide all Committee members with appropriate training in position
classification prior to any Committee proceedings.
(f) Appeals will be dealt with in a timely matter and the Committee will publish reasons for
its decision.
(g) If the Classification Appeals Committee cannot reach agreement, the determination of
the Director, People and Culture will stand, subject to the dispute resolution procedures
at clause 55.
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20. Higher Duties Allowance
20.1 An Employee who temporarily performs the duties of a higher classified position will be entitled
to be paid an allowance at the rate equal to the difference between the Employee's salary and
the minimum salary for the higher graded position (or pro rata if undertaking part of the duties of
a higher classification), subject to performing such duties for a period of:
(a) 5 consecutive working days or more; or
(b) where necessary because of the working arrangements – for 5 working days or more
over a period of two weeks from the initial date of performing higher duties,
and for a maximum period of 26 weeks continuous duty or more if appropriate, or to cover an
Employee on leave or otherwise absent from duties or while recruitment action is occurring to
fill a position. Part-Time Employees should be given equal consideration.
20.2 An Employee who is recognised as the deputy or assistant of a more senior Employee and
whose normal duties include deputising for the senior Employee will not be eligible for higher
duties allowance except if they perform the duties for 10 consecutive working days or more.
20.3 Leave taken will be paid at the higher duties rate when such leave is taken during the period of
higher duties or, for annual leave, immediately following the period of higher duties.
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Part 4 - Hours of Work
21. Ordinary Hours of Work
21.1 Ordinary hours of work means 70 hours per fortnight for Full-Time Employees and pro-rata for
Part-Time employees.
21.2 Ordinary hours will be worked within the span of hours for the position:
(a) as 7 hours per day; or
(b) in accordance with a Flexible Working Hours Arrangement pursuant to clause 13.
21.3 Except as provided in clause 21.4, the span of hours of work of Employees (other than shift
workers) will be as set out below:
Type of Employee Span of Hours
Teaching and Learning support staff (other than
administrative staff)
8.30am & 9.30pm
Library Staff 7.00am & 9.30pm (Mon-Fri)
Information Technology Staff 7.00am & 9.30pm (Mon-Fri)
Technical & Research Staff 7.00am & 10.15pm
Farm Staff 6.00am & 7.00pm
All other Employees (other than Casuals but
including administrative staff)
6.00am & 7.00pm (Mon-Fri)
21.4 An employee's span of hours of work will be as follows for those times when the Employee is
involved in essential work for the conduct of and preparation for:
(a) University exams;
(b) Graduation;
(c) residential schools;
(d) orientation week;
(e) open and career days (including Information Weekend); and
(f) such other occasions or categories as may be recommended by the Joint Consultative
Committee (JCC) and approved by the University.
Type of Employee Span of Hours
Teaching and Learning support staff (other than
administrative staff)
7.00am & 10.30pm
Library Staff 7.00am & 9.30pm
Information Technology Staff 7.00am & 9.30pm
Technical & Research Staff 7.00am & 10.15pm
Farm Staff 5.30am & 6.30pm
All other Employees (other than Casuals but
including administrative staff)
6.00am & 7.00pm
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21.5 Ordinary hours worked on a weekend or gazetted public holiday will be paid as follows:
(a) all time worked on a Saturday will be paid at the ordinary rate of pay plus a penalty of
50% of the ordinary rate of pay for the first two hours and 100% of the ordinary rate of
pay thereafter;
(b) all time worked on a Sunday will be paid at the ordinary rate of pay plus a penalty of
100% of the ordinary rate of pay; and
(c) all time worked on a gazetted public holiday will be paid at the ordinary rate of pay plus
a penalty of 150% of the ordinary rate of pay.
21.6 The penalty rates in this clause and clause 24- Overtime are not cumulative. Where an
Employee is entitled to more than one penalty rate, the Employee will receive the highest single
rate and not both.
21.7 Employees are entitled to a minimum of 4 days off per fortnight, 2 of which will be a consecutive
Saturday and Sunday or such other days as agreed (except where the Employee is doing
essential work in clause 21.4).
21.8 In allocating days off, a supervisor will take into account the operational requirements of the
University, fairness and equity considerations between staff and the Employee's personal
circumstances such as community, religious/cultural and family/carer obligations.
21.9 Where agreed, Employees may have their ordinary daily hours or part thereof rostered on any
20 days within a 28-day cycle.
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22. Shift Work
22.1 The ordinary hours of work for Employees engaged in shift work are 70 hours per fortnight
averaged over a full shift roster (24 hours a day, 7 days a week).
22.2 The ordinary hours for shift workers:
(a) will be worked continuously each shift (except for breaks);
(b) not exceed 10 hours, exclusive of meal breaks in any single shift; and
(c) will be rostered as follows:
Type of Shift Shift Description Shift Rate
Early Morning Shift Any shift, Monday to Friday,
where the ordinary hours of duty
commence at or after 4.00 am
and before 6.00 am
The ordinary rate plus 10%
Day Shift Any shift, Monday to Friday,
where the ordinary hours of duty
commence not earlier than 6.00
am and before 10.00 am
The ordinary rate
Early Afternoon Shift Any shift, Monday to Friday
where the ordinary hours of duty
cease at or after 7.00pm
The ordinary rate plus 10%
Afternoon Shift Any shift, Monday to Friday,
where the ordinary hours of duty
cease at or after 9.00pm and
before midnight
The ordinary rate plus 12%
Night Shift Any shift, Monday to Friday,
where the ordinary hours of duty
cease at or after midnight and
before 6.00am
The ordinary rate plus 15%
Permanent Night Shift Any shift system in which shifts
are worked which do not rotate
or alternate with other or
another shift so as to give the
Employee at least one third of
their working time off night shifts
in each roster period
The ordinary rate plus 30%
Saturday Shift Any shift on a Saturday The ordinary rate plus 50%
Sunday Shift Any shift on a Sunday The ordinary rate plus100%
Public Holiday Any shift on a Public Holiday The ordinary rate plus150%
Ending on a Public Holiday Any shift that ends on a Public
Holiday
The ordinary rate plus 100%
22.3 The shift rates in this clause and clause 24 - Overtime are not cumulative. Where an Employee
is entitled to more than one penalty rate, the Employee will receive the highest single rate and
not both.
22.4 Shift workers will be entitled to a paid crib break of 20 minutes.
22.5 The following provisions apply to rostering:
39
(a) shift rosters will be readily accessible and will indicate days of work and commencement
and cessation times of ordinary hours of work for respective shifts for Employees;
(b) rosters will, where possible, be notified at least 7 days prior to becoming operative;
(c) changes to an Employee's shift or roster will, where possible, be notified at least 72
hours before they become operative;
(d) a shift or roster may be changed at any time to enable the functions of the University to
be carried out where another Employee is absent from duty due to illness or in an
emergency. The Employee must be notified of the shift change as soon as possible.
Overtime is payable where the Employee is required to work hours in excess of ordinary
hours for shift workers (clause 22.1) or on a day which the Employee was rostered to
have off;
(e) places in shifts or rosters may be interchanged by agreement between Employees and
the University, provided that the University will not incur additional shift or overtime
penalties as a consequence of the interchange.
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23. Breaks
Meal and Tea Breaks
23.1 An Employee will not normally be required to work more than 5 continuous hours without an
unpaid meal break of at least 30 minutes. Such break may be:
(a) waived to a maximum period of 6 hours where there is agreement between the Employee
and their supervisor; or
(b) taken in a manner otherwise agreed between the Employee and their supervisor within
the 5-hour period.
23.2 Employees are entitled to a maximum of 2 paid tea breaks of 10 minutes each day, which must
be taken on site. Untaken tea breaks cannot be taken as flexitime or time-off-in-lieu.
Minimum Break Following Overtime
23.3 Where an Employee is required to work overtime they will, wherever reasonably practical, be
given at least 10 consecutive hours off duty between the end of one period of duty and the
beginning of the next.
23.4 Where an Employee is instructed to work without having a 10-hour break between the
completion of one period of work and the commencement of work on the next, they will be paid
at overtime rates for all time worked until such 10-hour break is taken.
23.5 The provisions of this sub-clause will apply in the case of shift workers as if 8 hours were
substituted for 10 hours.
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24. Overtime
24.1 The University must not require an Employee to work overtime unless the request is reasonable
and reasonable notice is given of the request.
24.2 An Employee may refuse to work overtime, without disadvantage to their employment, in
circumstances where the working of such overtime would result in the Employee working hours
which are unreasonable having regard to:
(a) any risk to Employee health and safety;
(b) the Employee's personal circumstances including any family responsibilities;
(c) the needs of the University;
(d) the notice (if any) given by the University of the overtime and by the Employee of their
intention to refuse it; and
(e) any other matter in sub-section 62(3) of the Fair Work Act 2009.
24.3 Unless in an emergency, all overtime worked must be authorised in writing in advance by the
appropriate supervisor. Shift penalties will not apply where overtime is paid.
24.4 Unless there is agreement between the supervisor and the Employee regarding flexible working
arrangements, including but not limited to time-off-in-lieu, overtime is payable for all authorised
work performed outside the span of, or in excess of, ordinary hours (including shift workers) as
follows:
Time Worked Overtime Rate
Monday to Saturday 150% of the ordinary rate of pay for the first two
hours; and
200% of the ordinary rate of pay thereafter
Sunday 200% of the ordinary rate of pay
Public Holidays 250% of the ordinary rate of pay
24.5 Payment of overtime will be calculated to the nearest 15-minute block.
24.6 Where a flexible working arrangement applies, the maximum number of ordinary hours that can
be worked each day before overtime applies will be 10 hours excluding meal breaks. Each day
will stand alone.
24.7 A Casual Employee will only be entitled to overtime where hours worked are in excess of 10
ordinary hours per day excluding meal breaks. Each day will stand-alone. Where a Casual
Employee is entitled to overtime, they will receive the greater of the overtime rate or the Casual
salary rate, not both.
24.8 If an Employee is instructed to report for overtime on a day when he/she would not have to work,
and on reporting for duty finds that there is no work, the Employee will be paid a minimum
payment of 3 hours at the appropriate overtime rate.
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24.9 Part-Time Employees who agree to work above their contract hours will either be entitled to time
in lieu or be paid at 125% until the number of ordinary hours for a full time Employee have been
worked, provided that normal overtime pay applies for work performed outside of or in excess
of ordinary hours of work.
Time off in lieu of Overtime
24.10 An Employee may choose, with the consent of their supervisor, to take time off in lieu of payment
for overtime at a time or times agreed. This agreement should be in writing. A maximum of 35
hours may be accrued at any one time. The Employee will take the time off within four weeks of
accrual if practical or at a time otherwise agreed with their supervisor within 6 months of its
accrual.
24.11 If an Employee takes time off in lieu of payment for overtime then time off in lieu is calculated
using the same formula as the applicable overtime rate.
24.12 Where time in lieu has not been taken within the 6-month period referred to in 24.11, the
employee will be paid for the overtime at the applicable rate. Where time in lieu has not been
taken prior to the termination of the employee's employment, the University will pay the
employee for the overtime hours that would have been payable upon termination of employment.
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25. On-Call
25.1 On-call means an Employee is required to be immediately contactable by phone and ready to
return for duty within 30 minutes if required outside their ordinary hours of work, either at their
residence or at the University.
25.2 While On-call an Employee will receive an allowance for each 24-hour rostered period. The
allowance will be 30% of the employee's ordinary daily rate of pay (excluding any bonuses and/or
allowances). Superannuation is not payable on an On-call allowance.
25.3 Where an Employee is able to rectify a fault remotely, if:
(a) the log on time is less than 30 minutes, the Employee will not receive an overtime
payment; or
(b) a log on session of longer than 30 minutes is necessary, any overtime payable will be
paid at the rate of 150%.
25.4 Where an Employee is required to return to the University whilst On-call, the Employee will
receive an overtime payment in accordance with clause 24 for work time and up to a total of 30
minutes travel time. The payment will be for at least 3 hours (inclusive of travel time). Any
additional return to the University, for the same or related problem, within the 3-hour period will
not attract further payment. Overtime will be paid to the nearest 15 minutes.
25.5 Where an Employee is required to rectify a fault remotely, the normal 10-hour break provisions
will apply as if they had returned to the University.
25.6 Rostered On-call periods for Employees will normally be on a weekly basis and where possible
arranged annually. No Employee is to be rostered On-call for more than an annual average
equivalent to 1 week on call for every 3 weeks worked unless mutually agreed between the
Employee and the Executive Officer or nominee.
25.7 Equity considerations and the personal preferences of Employees will be considered and where
possible facilitated when determining On-call rosters. The intention is to give Employees
responsibility for the self-management of the process so their lifestyle preferences can be better
accommodated. The final arbiter of the roster will be the relevant Executive Officer or nominee.
25.8 In the event an Employee rostered On-call is sick during a rostered period, the Employee must
notify their supervisor who will organise a substitute person to take over the roster.
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26. Call Back Arrangements
26.1 Call Back means an Employee may nominate themselves to be able to be called back to perform
extra duties outside of their ordinary hours of duty. The Employee will not be On-call but may be
contacted if the need arises.
26.2 Employees available for Call Back will receive additional remuneration only in cases where they
are required to return to the University.
26.3 Where an Employee is called back at any time outside of their normal working hours, the
appropriate overtime rate will be paid for a minimum of 3 hours inclusive of a maximum of 30
minutes total travelling time.
26.4 Any additional call back within the 3-hour period, for the same or related problem, will not attract
further payment. For example, if an Employee is called back at 6.00 pm on a Monday evening
and then called back again for the same or related problem at 7.00 pm on the same evening,
only one minimum payment of 3 hours will be paid. Where a single call back extends beyond
the 3-hour minimum, normal overtime rates will be paid for the additional time worked.
26.5 Where an Employee is required to use their own vehicle for a call back to their workplace they
will be paid mileage allowance for the return journey unless other suitable travel arrangements
have been agreed between the Employee and their supervisor.
26.6 Nothing in this clause restricts the use of flexible working arrangements and/or time off in lieu of
overtime as provided for in this Agreement.
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27. Workloads
27.1 The parties recognise that overwork is a health and safety issue. Therefore workloads will be
manageable and without risk to health and safety. The University will ensure that workloads are
sustainable, equitable, transparent, and the time allocated accurately reflects the time taken to
perform the work
27.2 An Employee performing a role requiring interaction with members of the public will not be
required to do so alone, unless there has been consultation with the Employees involved and a
risk assessment being completed.
27.3 The University will ordinarily ensure that no Employee is assigned a workload which cannot
reasonably be undertaken within the Employee's ordinary hours of work and provide a balance
between the Employee's goals and aspirations and the goals, needs and commitments of the
work unit.
27.4 An Employee’s workload will take into account:
(a) the Employee’s need for maintaining an appropriate and safe balance between work and
personal life;
(b) the Employee’s appointment fraction (for part-time Employees);
(c) the nature of the Employee’s role, including the operational requirements of the position
and its Position Description;
(d) the Employee’s skills, capabilities, Professional Development needs and training.
27.5 It is the responsibility of the supervisor and the head of the work unit to ensure that unreasonable
expectations are not put on Employees that result in working excessive hours and it is the
responsibility of Employees to ensure they are not working excessive hours.
27.6 The ongoing management of workloads will occur in consultation with Employees, including by
way of Performance Planning, Development and Review discussions.
27.7 Nothing in this clause prevents an Employee from working reasonable overtime in accordance
with clause 24 of the Agreement.
27.8 An Employee may raise concerns in writing about the level of their workload with their supervisor
in the first instance. Workload concerns should be resolved informally at the level at which they
arise by the Employee who has raised the concerns and their supervisor. Alternatively, the
Employee may request a Performance Planning, Development and Review meeting to more
formally advise their supervisor of their workload issues and seek to resolve these. If the
Employee's workload concerns are appropriate then the Employee's workload will be adjusted
accordingly.
27.9 Where the Performance Planning, Development and Review meeting does not resolve the
Employee's concerns, the Employee may refer the matters in writing to the Head of the Cost
Centre (and provide a copy to the supervisor). The Executive Officer must consult with the
supervisor and the Director, People and Culture before making a determination. If the Executive
Officer is the supervisor of the Employee the matter will be referred to their next in-line Manager,
who will consult with the supervisor and the Director, People and Culture, and then make a
determination which will be provided in writing to the Employee within five working days of being
made.
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47
28. Disconnecting from Work
28.1 The University does not expect or require an Employee to respond to communication including
emails or phone calls outside of their ordinary or rostered hours of work, including when on
leave, except:
(a) pursuant to a relevant Clause of this Agreement such as during any period of authorised
overtime, call back, or on-call arrangement; or
(b) in the case of an emergency or time-critical operational situation, for example, serious
and imminent risks to staff, students or major university equipment.
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Part 5 - Leave
29. Annual Leave
29.1 An Employee, other than a Casual Employee, will be entitled to 5 weeks (6 weeks for shift
workers) annual leave on full pay for each completed year of service, or on a pro rata basis for
any period of service which is less than one completed year.
29.2 Part-Time Employees will be eligible for annual leave on a pro-rata basis. Casual Employees
are not entitled to annual leave.
29.3 The Employee's supervisors and their managers will ensure that Employees are able to take
their annual leave entitlement for each year, including by discussing any planned leave in their
Performance Planning Development and Review discussions.
29.4 Subject to clause 29.5, Employees are required to submit a leave application to their supervisor
in advance of the leave being taken. Annual leave must not be taken unless prior approval is
obtained from the relevant supervisor. The relevant supervisor will not unreasonably delay or
withhold approval.
29.5 Annual Leave will be granted without the need to submit a leave application to their supervisor
in advance of the leave being taken if the leave is for the purposes of attending to a personal
emergency situation not covered by other leave entitlements in this Agreement. The Employee
may be asked for evidence that would satisfy a reasonable person upon returning to work.
29.6 Annual leave may not be taken in advance of the entitlement accruing.
29.7 Annual leave accrues on a daily basis.
29.8 Where an Employee has accrued excessive paid annual leave of more than 8 weeks, the
following provisions apply:
(a) The University will confer with the Employee and genuinely try to reach agreement on
how to reduce or eliminate the excessive leave accrual. If agreement is reached, the
agreement will be recorded in a leave plan.
(b) If agreement cannot be reached (including because the Employee refuses to confer),
the University may direct the employee in writing to take one or more periods of paid
annual leave.
(c) If the University directs an Employee to take a period of paid annual leave, the University
must:
(i) give the direction at least four weeks before the leave is to commence;
(ii) ensure each period of paid annual leave is at least one continuous week in
length;
(iii) ensure the Employee’s paid annual leave balance at the end of the period of
leave is at least six weeks.
29.9 Normally, the Employee's last day of duties is their termination date. Any leave entitlements will
be paid out upon termination of employment. Annual leave may be taken immediately prior to
resignation or retirement but will not alter an agreed termination date.
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29.10 If an Employee, who is eligible for personal leave, produces a satisfactory medical certificate to
the effect that he/she has been incapacitated while on annual leave, the University will re credit
the Employee with an equivalent period of annual leave.
29.11 Where an Employee is granted and takes long service leave or parental leave on half pay,
annual leave entitlement will accrue at half the normal rate during the period of leave.
29.12 An Employee may seek to cash out an amount of annual leave in accordance with University
policy. Any cashing out of annual leave cannot exceed an amount of leave that must be taken
at the time that payment is made.
29.13 An Employee may apply to enter into an agreement with the University to purchase between 5
days (1 week) and 20 days (4 weeks) additional annual leave in a 12-month period. The
purchased leave will be funded through the reduction in the Employee's ordinary rate of pay. To
calculate the purchased leave rate of pay, the Employee's ordinary salary rate will be reduced
by the number of weeks of purchased leave and then annualised at a pro rata rate over the 12-
month period.
29.14 If the employment of an Employee who has entered into a purchased leave agreement with the
University is terminated for any reason, then any payments resulting from the termination will be
paid at the rate of the pre-purchased-leave salary. This includes but is not limited to annual
leave, long service leave, redundancy and notice. In this Agreement the Employee's salary is
inclusive of leave loading, and is included in this final payment on termination.
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30. Long Service Leave
Entitlement
30.1 An Employee who has completed 10 years' service at the University (whether continuous or
broken periods) will be entitled to long service leave. Part-Time Employees will receive
entitlements on a pro rata basis.
30.2 Service as a full time Continuing or Fixed-term Employee accrues an entitlement to 65 paid
working days long service leave after 10 years or 6.5 working days per annum. After 15 years
of service, long service leave will accrue at the rate of 10.8705 paid working days for each
additional year of service.
30.3 Service as a Casual Employee after 9 May 1985 accrues an entitlement to 43 paid working days
long service leave after 10 years. Casual service in excess of 10 years will accrue long service
leave at the rate of 4.3 working days per annum. Casual Employees, whose service is less than
full time, will receive entitlements on a pro rata basis.
30.4 Public holidays occurring during a long service leave period will be regarded as part of the long
service leave.
30.5 Where an Employee (other than a Casual Employee) with not less than 5 completed years of
service dies, resigns as a result of pressing domestic or personal necessity, or whose
employment is terminated by the University for reasons other than Unsatisfactory Performance
or Serious Misconduct, the University will pay to the Employee or the Employee's personal
representative a proportionate amount on the basis of 65 days for 10 years' service.
30.6 Where an Employee with 10 completed years of service resigns or whose employment is
terminated, the Employee will be entitled to be paid the monetary value of the leave.
Time of Taking long service leave
30.7 Subject to clause 30.9, where an Employee who has qualified for long service leave provides at
least six (6) months written notice, the time of taking long service leave will be at their choosing,
subject to approval by the relevant supervisor. Where at least 6 months written notice has been
provided, approval for leave can only be withheld where there are exceptional circumstances
not to grant the leave at the requested time. The decision not to approve leave due to exceptional
circumstances can only be made within 30 calendar days of the date the written leave application
is received. If no response to the Employee's leave application is provided within this timeframe,
the application for leave will be deemed to be granted.
30.8 Where approval cannot be granted on the basis of the original request due to exceptional
circumstances, the Employee will be advised of the reason for the leave not being approved in
writing and:
(a) an acceptable alternative time for the taking of long service leave will be discussed and
agreed between the employee and the supervisor in the period not exceeding 9 months
from the date of the original request; or
(b) if such an alternative time for the taking of the long service leave cannot be agreed within
9 months of the date of the original application, the application for long service leave
must be approved and the leave taken 9 months after the date of the original leave
application.
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30.9 Where an Employee gives less than 6 months' notice, an application for long service leave will
only be approved if the Executive Officer consents.
30.10 The University and an Employee may agree that the Employee may take long service leave at
half pay and the period of long service leave is therefore doubled.
30.11 Where an Employee has accumulated a long service leave entitlement in excess of 100 days,
the Executive Officer may give the Employee written notice to take up to 65 days of such leave,
at a time convenient to the needs of the University, provided that:
(a) the Employee is given written notice of at least 12 months of the date on which leave
must commence;
(b) the Employee is not required to take long service leave within 24 months of written notice
of their retirement;
(c) the minimum period of leave the University can require an Employee to take will be 30
days; and
(d) in any case where an Employee has taken leave pursuant to this sub clause the
Executive Officer will not require the Employee to take a further period of long service
leave for a period of 2 years after the end of that period of leave.
Recognition of Prior University Service
30.12 Prior continuous service with other Australian universities or a partially or wholly UNE-owned
company or controlled entity will be recognised as service for long service leave provided that:
(a) only service from 1 January 1969 will be taken into account for eligibility purposes;
(b) the Employee, within 6 months following their commencement at UNE, provides
appropriate evidence to UNE's People and Culture Directorate of prior service;
(c) except as provided in clause 30.15 such prior service will not accrue a long service leave
entitlement but will be included as qualifying service for determining when the Employee
is eligible to take long service leave and at what rate the long service leave will accrue;
(d) there is not more than 2 months between the cessation of employment with a releasing
university and the commencement of employment with UNE. In this case service will be
deemed to have been continuous but any other break in employment whilst at a previous
or releasing university or at UNE will not count as service for accrual or service purposes;
(e) unless agreed otherwise with the relevant Senior Executive Officer, the Employee will
be required to serve at least 5 years with UNE before being permitted to take accrued
long service leave or be paid in lieu, if applicable, on termination of employment; and
(f) the only prior continuous service in other Australian universities recognised by UNE will
be that which has been recognised by the releasing institution. Prior service with
organisations other than Australian universities will not be recognised even if it has been
recognised by the releasing institution.
30.13 Subject to the above clauses, prior service in the former Armidale College of Advanced
Education will be taken into account when calculating an Employee's service eligibility for long
service leave provided that there has not been a break in continuous employment of more than
2 months.
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30.14 Upon termination of employment of an Employee, UNE will either pay out any long service leave
entitlements owing at termination or if the Employee so wishes, pay the equivalent of any
accrued long service leave directly to the receiving Australian university, provided that the
receiving university agrees and will recognise the accrued long service leave.
30.15 Where a person is employed, and that person’s previous Australian university employer will
transfer to UNE the monetary equivalent of their accrued long service leave, UNE will recognise
the previous service and the accrued long service leave with that employer for future long service
leave entitlements with UNE. In such cases clause 30.12(c) above will not apply. Where such
recognition is given, UNE may require a commitment, at the time of employment, about when
the accrued leave will be taken.
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31. Personal Leave
General
31.1 Personal leave is an entitlement available to an Employee who is suffering from, or recovering
from, a personal illness, injury or incapacity. It is the responsibility of Employees to access
personal leave for this purpose only, and it is the responsibility of the University to manage
personal leave absences.
31.2 Paid personal leave is not granted to Casual Employees.
31.3 Where a public holiday, which would otherwise be a working day, falls during a period of personal
leave, the absence on the public holiday will not be treated as personal leave.
31.4 Unused personal leave will not be paid out at the end of employment.
Entitlement
31.5 The anniversary date for the purpose of credit of personal leave entitlement is:
(a) for staff employed at the time the Agreement comes into effect, their current anniversary
date; or
(b) for staff employed after the Agreement comes into effect, their anniversary of
appointment.
31.6 Employees will be entitled to 15 days paid personal leave per annum. Untaken paid
personal leave will accumulate from year to year.
31.7 Personal leave balances will be available on Webkiosk.
31.8 Part-Time Employees will be entitled to personal leave on a pro rata basis.
Additional Personal Leave
31.9 Additional paid personal leave will be approved by the VC in exceptional circumstances if an
Employee is seriously ill and suffering hardship and has used up all of their paid personal leave
entitlement.
31.10 In such circumstances the Employee will need to provide sufficient documentation from a
medical professional and a return-to-work plan. Such a plan may include but is not limited to:
Part-Time, reduced duties, job sharing and other reasonable adjustments to their duties.
Leave Management
31.11 An Employee absent from work because of personal illness or incapacity will, as soon as
practicable, inform the University of their inability to attend for work, and indicate the estimated
duration of the absence. The University will protect the privacy and maintain confidentiality of
information given by an Employee.
31.12 An Employee who is absent from work on personal leave for more than 3 consecutive days, or
for 6 or more occasions within a 12-month period, will be required to provide their supervisor
with a medical certificate. For the purpose of this sub-clause, the 12-month period will be based
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on an Employee's anniversary date for the purpose of credit of personal leave entitlement (see
clause 31.5).
31.13 Medical certificates will be accepted from the following registered health practitioners: doctor,
chiropractor, osteopath, optometrist, physiotherapist, psychologist, midwife, dentist or
pharmacist. The University will also accept up to two statutory declarations in a 12-month period
as evidence from the Employee, provided the absence is for a period of a single day and sets
out why the Employee was unable to obtain a medical certificate.
31.14 The University may require an Employee who has taken more than 25 days personal leave in
any 12-month period of employment to undertake a medical examination for the purposes of
obtaining an opinion on the Employee's medical condition. For the purpose of this sub clause,
the 12-month period will be based on an employee's anniversary date for the purpose of credit
of personal leave entitlement (see clause 31.5).
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32. Workers Compensation Leave and Make-Up Pay
32.1 Employees who are injured at work and submit a workers' compensation claim will be paid from
their personal leave entitlements pending the determination of the claim. Where the claim has
been subsequently approved by the insurers, then the Employee's personal leave record will be
adjusted.
32.2 An Employee who receives workers compensation will be entitled to leave on full pay less any
amount of weekly workers compensation paid to the Employee during the incapacity of an
Employee until the incapacity ceases, or until the expiration of an aggregate 26 weeks;
whichever may first occur.
32.3 Paid leave will be exclusive of any personal leave entitlement due and owing to the Employee.
32.4 If an Employee receives monies in settlement of or pursuant to a judgment for a civil claim to
damages in connection with the incapacity, the Employee will repay any payments made under
this clause.
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33. Parental Leave
General
33.1 In this clause:
(a) Parent includes stepparent, co-parent, biological, adoptive or foster parent;
(b) Partner means spouse, former partner, de facto or same sex partner;
(c) Primary Carer means the person who most meets the child's needs, including but not
limited to supervision.
(d) Placement of a child has the same meaning in relation to leave entitlements as the
Adoption of a child.
(e) Adoption means the placement of a child below 16 years of age in the care of an adult
with the view to adoption, including for the purpose of a surrogacy arrangement.
(f) Estimated date of birth (EDB) means the day certified by a medical practitioner to be
the day on which the Employee or the Employee's partner, as the case may be, is
expected to give birth to a child.
(g) Surrogacy/Surrogate means an arrangement whereby an employee surrogate gives
birth to a child for an Intended Parent (IP) and not intending to be a primary carer.
33.2 Full-time Continuing Employees are entitled to parental leave in accordance with this clause.
33.3 Part-Time Continuing Employees are entitled to parental leave on a pro-rata basis.
33.4 A Fixed-term Employee will only be granted that proportion of paid and/or unpaid parental leave
where the period of leave falls within the time span of their contract of employment. If the fixed-
term Employee is subsequently employed under another contract, he or she may extend the
date for return from parental leave over the second contract.
33.5 Casual Employees are not entitled to paid parental leave as prescribed in this clause but are
eligible to take up to 52 consecutive weeks unpaid parental leave where the Casual Employee
has been employed on a regular and systematic basis during a period of at least 12 months and
who, but for the expected birth or expected placement of a child, would have a reasonable
expectation of ongoing employment on a regular and systematic basis.
Entitlements
PARENTAL
LEAVE TYPE
ENTITLEMENT CONDITIONS
Primary
Carer
Leave for the
primary carer
on the birth of
a child
Up to 52 weeks in total, consisting of:
• 26 weeks on full pay plus 26
weeks unpaid, or
• 52 weeks on half pay, or
• any combination of full pay, half
pay and/or leave without pay
agreed between the Employee and
the University which is equivalent
Leave may commence up to 20
weeks before and must commence
no later than the actual date of
birth.
A pregnant Employee who requires
leave to deal with sickness as a
result of pregnancy and who is
within 6 weeks of the EDB may
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to 26 weeks full pay but not
exceeding 52 weeks total leave.
Where both parents are employed by the
University, the paid leave component of
parental leave may be shared by both
parents (that is, a maximum combined
payment between both parties of 26
weeks’ pay) to a maximum combined
absence of 52 weeks, provided that the
parental leave conditions are met. In this
event, only one Employee can be on
maternity leave at any one time.
elect to use personal leave or
commence primary carer leave.
Additional leave beyond 52 weeks can be
negotiated on the birth of a child with a
disability, congenital illness or in the case of a
multiple birth. Paid leave to be taken in the
period between 3 months prior to and 3
months after the EDB.
Surrogacy
Leave for a
surrogate
giving birth
to a child
they are not
the Intended
Parent of.
• A Staff Member who is a surrogate
will be entitled to 6 weeks’ paid
leave for the purpose of childbirth
and recovery from childbirth.
• Nothing prevents a surrogate from
accessing primary carer leave if
the surrogacy agreement between
a surrogate and intended parent
ends and the Employee becomes
the primary carer of the child.
Paid leave to be taken in the period
between 3 weeks prior to and 6
weeks after the EDB
Partner
To give care
and support
8 weeks in total, consisting of
• 3 weeks on full pay plus
• up to 5 weeks unpaid
where the primary carer is not employed by
UNE, an additional period, or periods of
leave without pay provided the total
absence on partner leave will not exceed
52 weeks
Paid leave to be taken in the period
between 3 months prior to and 3
months after the EDB
Adoption
Leave for the
primary carer
on the
placement of
a child
52 weeks in total consisting of
• 26 weeks full pay, or
• any combination, mutually agreed,
equivalent to 26 weeks full pay and
remainder unpaid but not
exceeding 52 weeks total leave
Leave to commence up to 2 weeks
before placement and must
commence no later than on the
date of placement of the child
Foster
Primary carer
of a child 5
years or
younger on
long term
placement
In any one 12-month period leave
consisting of:
• 105 hours paid leave; or
• 210 hours leave on half pay
Leave to be taken from the time the
child enters their care
Foster
Primary carer
of a child 5
years or older
In any one 12-month period leave
consisting of:
• 56 hours paid leave; or
• 105 hours leave on half pay
Leave to be taken from the time the
child enters their care
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on long term
placement
Child
Rearing
Care of pre-
school age
children up to
6 years
Consisting of:
• 52 weeks unpaid,
• further unpaid leave, An Employee
may apply for an extension to child
rearing leave beyond the 52
weeks.
In addition to and following on from
any form of parental leave, 52
weeks unpaid child rearing leave
will be made available to
employees for the care of pre-
school age children.
Applications will be assessed taking
into account any special
circumstances that may apply
together with the University's
operational requirements. Approval
will not be unreasonably withheld.
Return to work plan to be
negotiated.
Prenatal Consisting of paid leave totalling 21 hours
for a pregnant woman
Can be accessed after 12 weeks of
pregnancy
Postnatal An employee who is breastfeeding will be
entitled to regular breaks in paid time for
lactation purposes.
Clean, private space with access to
a refrigerator will be provided for
the purpose of breast feeding
and/or expressing milk during
breaks.
33.6 The University will not refuse employment, or affect the employment of an Employee, or take
any other action that disadvantages an Employee on the grounds of pregnancy, possible
pregnancy, breastfeeding, a request for parental leave or a possible request for leave essential
to addressing work and family responsibilities.
Fixed-Term Employees
33.7 The University must not refuse to re-engage a Fixed-Term Employee because:
(a) the Employee or Employee's partner is pregnant; or
(b) the Employee is or has been immediately absent on parental leave.
Conditions
33.8 The paid component of any primary carer or adoption leave must be taken first, and cannot be
interspersed with other types of leave. Accrued annual and long service leave can be utilised to
extend the period of paid leave.
33.9 Unless otherwise permitted in accordance with the National Employment Standards, parental
leave cannot be taken in broken periods unless mutually agreed for career development
purposes.
33.10 Parental leave does not break continuity of service.
33.11 Only the paid portion of any parental leave taken will count for service or accrual for the
calculation of annual or long service leave entitlements.
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33.12 All leave accruals and employer superannuation contributions during the period of paid parental
leave at half pay will be on a pro rata basis.
33.13 If requested by an Employee, any paid portion of parental leave or adoption leave may be paid
as a lump sum. Employees will be advised that this may have a negative effect on their
superannuation and tax obligations.
33.14 If a pregnancy terminates by miscarriage or still birth after 20 weeks of pregnancy have elapsed,
or the child dies shortly after birth, an Employee will be entitled to a maximum of 6 weeks paid
maternity leave.
33.15 If a pregnancy terminates by miscarriage before 20 weeks of pregnancy, an Employee is entitled
to use personal leave or compassionate leave to cover any absence.
33.16 An Employee who becomes pregnant while on parental leave is entitled to a further period of
parental leave. The normal conditions contained in this clause apply to the second period of
parental leave but any remaining parental leave from the former pregnancy lapses as soon as
the new period of parental leave begins.
Replacement Employees
33.17 A replacement Employee is an Employee specifically engaged or temporarily promoted or
transferred, as a result of an Employee proceeding on parental leave.
33.18 All replacement Employees recruited to fill a vacancy due to parental leave, are to be informed,
upon appointment, that employment is the result of a vacancy due to parental leave and is
subject to termination or variation according to the parental leave arrangements exercised by
the Employee being replaced.
Return to work
33.19 Except in the case of a position being made redundant, an Employee returning to duty from
parental leave will be entitled to return to their substantive position. If the substantive position is
redundant, the provisions of the workplace change clause will apply.
33.20 Subject to operational requirements of the University, an Employee, may upon application,
return to work Part-Time until the child reaches school age before resuming full-time work.
33.21 Once an Employee has returned to work, any further working arrangements will be considered
through the Family and Flexible Working Arrangements.
Documentation
33.22 Appropriate certification relating to the birth, adoption or fostering of the child must be produced
if required by the University.
33.23 For partner or primary carer leave, appropriate documentation (which may be a
statutory· declaration) will be required to prove the relationship to the child.
Implementation
33.24 All paid parental leave entitlements pursuant to this clause will be centrally funded by the
University.
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33.25 While an Employee is on parental leave, and unless otherwise requested, the Employee will be
regularly updated on developments in the University. This may include providing the Employee
with relevant University information such as newsletters and minutes of meetings. An Employee
on parental leave may also:
(a) access professional development opportunities, activities and functions; or
(b) make application and be considered for internal jobs or secondment opportunities where
they indicate that they are available to take up any resulting offers.
33.26 Employees returning from parental leave will receive a briefing from their supervisor on the latest
changes and developments in their position and work area.
33.27 An Employee during their parental leave will be consulted concerning any significant change in
responsibilities proposed for the Employee's substantive position.
33.28 Where an Employee is unable to perform their normal duties due to pregnancy or breastfeeding,
the University will facilitate appropriate adjustments to their duties and/or work location.
Notice Requirements
33.29 Employees are required to provide the following notice and documentation to the University (but
an Employee's entitlement to parental leave will not be affected if the Employee is unable to
provide the required period of notice due to circumstances beyond the Employee's control):
Event Period of Notice
Expected date of birth (EDB) 10 weeks
Date parental leave is to commence and length
of leave to be taken unless the expected date of
birth or adoption/fostering of a child takes place
earlier than the expected date
4 weeks
Intention to extend leave including intended
period of extended leave (within the provisions of
this agreement)
14 days prior to expiration of original leave
Intention to return to work at expiration of leave 4 weeks
Intention to return to work where the pregnancy
terminates otherwise than by birth of a living child
or the Employee gives birth to a living child but
the child later dies
4 weeks
Request for child rearing leave 3 months
Application for extension of child rearing leave 3 months prior to expiration of original child
rearing leave
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34. Family/Carer's, Compassionate and Religious/Cultural Leave
34.1 A full-time Continuing Employee will be credited with 10 days non-cumulative leave with pay on
1 January each year (or pro rata in the Employee's first year of employment calculated from the
date of the Employee's appointment) for the mixed purposes of family/carers leave,
compassionate/bereavement leave, religious and cultural leave. A Part-Time or Fixed-Term
Employee will receive an entitlement on a pro rata basis. Casual Employees are not entitled to
paid leave but are entitled to unpaid absences of up to 2 days per occurrence for carer
responsibilities, or bereavement/compassionate reasons.
34.2 Family /Carer's, Compassionate and Religious/Cultural Leave is available where an Employee
is unable to attend work because of:
(a) family/carer responsibilities - providing care or support to an immediate family member
who requires care or support because of:
(i) a personal illness, or a personal injury;
(ii) an emergency affecting the immediate family member;
(iii) the unexpected temporary absence of the usual carer, including the unexpected
closure of a child's school; or
(iv) a genuine need to provide support to the primary carer of a newborn or adopted
child; or
(b) bereavement/compassionate reasons where:
(i) a member of an Employee's immediate family contracts or develops a personal
illness that poses a serious threat to their life, or sustains a personal injury that
poses a serious threat to their life, or dies; or
(ii) a person of importance in the Employee's culture dies,
(iii) a close personal friend, or colleague of an Employee dies;
(iv) 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;
(v) the Employee, or the Employee's spouse or de facto partner, has a miscarriage;
or
(vi) other reasons of a compassionate nature, given in writing and accepted by the
University; or
(c) religious, ceremonial and/or cultural reasons such as attendance or participation in
particular religious, ceremonial or cultural activities, including: undertaking the
observances of a religion followed by the Employee, or where, an Employee is a member
of an Aboriginal or Torres Strait Islander community, participating in the ceremonial and
cultural life of that community.
34.3 Applications for family/carer's, compassionate and religious/cultural Leave, including
appropriate supporting evidence, must be made in writing and accepted by the University.
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34.4 For the purposes of this clause, immediate family member of an Employee means a child
(including an adopted child, stepchild or child for whom the Employee is a legal guardian or
equivalent), spouse, de facto partner, former spouse or partner, parent, parent in-law,
grandparent, grandchild, sibling of the Employee or a member of the Employee's household or
Aboriginal kinship structure.
34.5 In addition to the 10-day non-cumulative family/carer's, compassionate and religious/cultural
Leave entitlement in clause 34.1 above, an Employee who has exhausted their entitlement may:
(a) use any available paid personal leave entitlement for family/carer responsibilities, but
not for additional bereavement/compassionate, religious, ceremonial and or cultural
reasons;
(b) take an additional 2 days of unpaid leave per occasion for an unexpected emergency;
and
(c) take an additional 2 days of paid leave per occasion for compassionate/bereavement
reasons.
34.6 An Employee who is leaving work or unable to attend work due to the need to take family/carer's,
compassionate and religious/cultural Leave will inform their supervisor as soon as practicable,
stating the nature of the leave requested and the estimated duration of the absence.
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35. Jury and Witness Leave
35.1 An Employee required to attend jury service will be deemed to be on duty on normal pay and
the Employee will pay to the University any fee paid to them for jury service other than for
expenses.
35.2 An Employee called as a witness by summons or subpoena or called as a witness in legal
proceedings on a matter relating to University business, will be deemed to be on-duty on normal
pay. The Employee will pay to the University any fee paid to them for their role as a witness
other than for expenses.
35.3 An Employee subpoenaed, summonsed or called as a witness in legal proceedings not relating
to University business will be required to cover any absence as either leave without pay or
annual leave.
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36. Family and Domestic Violence Leave
36.1 The University recognises Employees may experience violent, threatening or other abusive
behaviour in their family and domestic life that may affect their attendance at work.
36.2 An Employee who is experiencing family and domestic violence may access up to 20 days leave
in a 12-month period for activities such as arranging safe housing, attending court hearings,
accessing police services, attending counselling and appointments with medical, financial or
legal professionals.
36.3 Paid family and domestic violence leave:
(a) will be available in full, from the date of commencement of Employment;
(b) is available in full at the start of each 12-month period of the Employee’s employment;
(c) does not accumulate from year to year; and
(d) is available in full to part-time and casual Employees.
36.4 Family and domestic violence leave may be taken as a single continuous 20 days period,
separate periods of one or more days or any separate periods to which the Employee and the
University agree, including periods of less than one day. Leave does not accrue from year to
year and unused leave is not paid out on termination of employment.
36.5 If an Employee has exhausted their paid family and domestic violence leave entitlement, they
may apply for additional paid leave for reasons related to domestic violence, granted at the
discretion of the Director, People and Culture.
36.6 In addition to the leave available in 36.2and 36.5above, an Employee is entitled to access annual
leave, personal/carer's leave and long service leave for reasons related to domestic violence.
36.7 An Employee who is unable to attend work for reasons of domestic violence must notify their
supervisor as soon as reasonably practicable, or alternatively they may directly notify People
and Culture.
36.8 The University may require evidence to substantiate the request for family and domestic violence
leave. Specific examples of evidence required to satisfy a reasonable person include a court
order, police report, hospital incident report or incident report from a registered social and
community organisation or other evidence accepted by the University acting reasonably. Any
evidence provided will be treated confidentially
36.9 In addition to leave under this clause, an Employee experiencing domestic violence may:
(a) use the University's EAP program;
(b) apply for flexible working arrangements, in accordance with clause 13 of this Agreement;
(c) request to make changes to the Employee’s:
(i) place of work;
(ii) telephone number; or
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(iii) email address; and/or
(d) request other measures be taken
which requests will not be unreasonably refused.
36.10 Applications by an Employee under this clause may be made directly to their supervisor or if
preferred the Director, People and Culture.
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37. Study Leave
37.1 Employees are eligible to apply for study leave, examination leave and graduation leave.
Approval is subject to the course of study being relevant to the Employee's current work or
career development. The provision of time-off without loss of pay for study leave, examination
leave and graduation leave for an Employee will be in accordance with the relevant University
policy and at the discretion of the University.
37.2 Where appropriate, Employees may attend formal courses/training where mutually agreed
between the supervisor and the Employee concerned.
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38. Gender Affirmation Leave
Principles
38.1 The University will support staff who are undergoing gender affirmation in a safe, positive and
inclusive manner. The University acknowledges that transitioning can be a lengthy period of
time, starting from the day that a person makes the decision to commence gender affirmation.
Entitlement
38.2 Employees (other than Casual Employees) are entitled to access up to 20 days paid gender
affirmation leave per annum.
38.3 A Staff Member can apply for approval to take up to 10 days’ gender affirmation leave in
advance, reducing their future gender affirmation leave entitlement by the same amount. The
request will include the reason(s) why the Staff Member seeks to take the leave in advance. A
request to take gender affirmation leave in advance will not be unreasonably refused.
38.4 Gender affirmation leave may be used for:
(a) social affirmation (for example, changing the Employee's pronouns and/or name);
(b) medical affirmation (for example, surgery and/or hormone therapy, attendance at
medical and/or counselling appointments, and rest and recovery from medical
procedures); and/or
(c) legal affirmation (for example, legally changing the Employee's name and/or gender
marker on personal identification documents such as the Employee's passport, birth
certificate, driver licence, and banking documentation).
38.5 A part-time Employee is entitled to paid gender affirmation leave on a pro rata basis.
38.6 The University will protect the privacy and maintain confidentiality of information given by an
Employee under this clause.
38.7 Paid gender affirmation leave:
(a) is available in full at the start of the Employee’s employment;
(b) does not accrue or accumulate from year to year; and
(c) is available to Continuing and Fixed-Term Employees (including in full to Part-Time
Employees).
38.8 Gender affirmation leave may be taken as a single continuous period, separate periods of one
or more days or any separate periods to which the Employee and the University agree, including
periods of less than one day.
38.9 Nothing in this clause prevents, in the case of subclause 38.2 and 38.3 entitlements being
exhausted:
(a) an Employee requesting and the University (Director People & Culture) agreeing to grant
additional paid leave in addition to the entitlement in this clause; or
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(b) an Employee from accessing their personal or annual leave entitlements in accordance
with this Agreement.
(c) Where an Employee requests additional paid leave in accordance with clause 38.9.a)
above, the University will take into account any information provided by the Employee in
support of the request in deciding whether to grant that leave including information
setting out expected periods of additional leave required. Requests will not be
unreasonably refused.
38.10 Employees must provide the University (either their supervisor or Director People & Culture)
with notice of the need for gender affirmation leave and the expected duration of leave as soon
as reasonably practicable.
38.11 The University may require evidence to substantiate the request for gender affirmation leave.
An example of evidence required to satisfy a reasonable person includes a medical certificate
from the Employee’s registered health practitioner.
Additional Support
38.12 In addition to the above, the University will support any Employee by:
(a) updating University records in relation to gender, name, title etc (noting that the
University may require evidence such as statement from registered medical practitioner
or psychologist, official document such as passport, birth certificate, gender recognition
certificate or similar);
(b) providing a new staff photo ID card, where requested; and
(c) communicating with the staff member’s supervisor and colleagues, where requested by
the staff member.
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39. Public Holidays
39.1 An Employee (other than Casual Employees) will be entitled to observe the following days as
holidays without loss of pay: New Year's Day, Australia Day, Good Friday, Easter Saturday,
Easter Sunday, Easter Monday, Anzac Day, King’s Birthday, Labour Day, Christmas Day,
Boxing Day and any other day/s declared a public holiday in New South Wales under the Public
Holidays Act 2010 (NSW) (excluding declared local holidays, for example Armidale Cup Day).
39.2 An Employee who without reasonable excuse fails to attend for work on the working day before
and/or after a holiday will not be entitled to be paid for such holiday.
39.3 Where time off in lieu of a public holiday applies, such time should be agreed in advance, to be
taken at a mutually agreed time between the Employee and the supervisor/manager.
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40. Close Down
Christmas
40.1 Employees (other than Casual Employees) will be entitled to leave on ordinary pay between and
including the period of Christmas Day and New Year's Day (Christmas break) in recognition of
the University's annual close down and substitution for declared local public holidays.
40.2 The University may, in the interests of providing a continuing service to its students, require
certain Employees to work over the close down. Should an Employee be required to work during
the Christmas close down they will accrue time off equivalent to the quantum of time worked.
Such time off should normally be taken within 4 weeks of the Christmas break at a time mutually
agreed between the Employee and their supervisor.
40.3 Any day which falls during the Christmas break and is declared as a public holiday will form part
of the Christmas close-down.
Additional Period
40.4 The University may designate an additional close-down of some or all of the University's
operations at any time during the year. Staff will be entitled to their ordinary pay during any such
close down.
40.5 The provisions of this clause do not apply to Casual Employees.
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Part 6 - Workplace Change
41. Workplace Change
Application
41.1 Definitions
(a) 'Change Proposal’ is a formal document developed by the University to propose changes
in the workplace.
(b) ‘Displaced Employee’ means an employee whose position has been made redundant in
a new proposed structure following the implementation of a Change Proposal, who has
not been successfully placed in the new structure.
41.2 The provisions of this clause apply if the University proposes:
(a) to introduce a major workplace change, being a workplace change that has significant
effects on Employees; or
(b) a minor change; or
(c) to introduce a change to the regular roster or ordinary hours of work of Employees.
41.3 An Employee will be entitled to be represented during workplace change and Employee
Representatives will have the same rights to consultation and access to relevant information as
an impacted Employee/s.
41.4 The University will ensure that sufficient and relevant information is provided to the affected
Employees (and their Employee Representative(s)) to allow them to understand the extent and
nature of the change proposal; reasons for making the proposed change; timeframe for change;
and, the details of likely Employee impacts, including possible redundancies and relocations at
all stages below.
Minor workplace Change
41.5 In cases where the change in the workplace is relatively minor, it will be addressed at the
workplace level through direct local discussion and consultation with employees and/or the Head
of School/Executive Officer with a view to reaching agreement on mutually acceptable solutions
and alternatives.
Major Workplace Change
41.6 A major workplace change has significant effects on Employees if it is anticipated that one or
more of the following may occur:
(a) termination of employment due to redundancy and retrenchment;
(b) major change in the composition, structure or size of the University's workforce (not
including reporting line changes);
(c) reduction in the workforce of a school or cost centre which will have a significant impact
on the school or cost centre;
72
(d) the restructuring of jobs which will have a negative impact on Employees;
(e) Outsourcing of existing work performed by UNE Employees at the time this Agreement
is approved;
(f) Significant alterations to work arrangements including the introduction or removal of shift
work, or the relocation of staff to another campus; or
(g) significant changes to student numbers, to the academic year pattern, or any other
significant change likely to give rise to reductions in staffing or major changes to
workloads.
41.7 Job security is important to Employees and the University. The University will treat involuntary
redundancies as a last resort after giving genuine consideration to other measures or options to
mitigate against retrenchment, including any measures proposed by affected Employees or their
representatives..
41.8 Prior to 30 June 2026, except in exceptional circumstances, an Employee will not be subject to
more than one workplace change process that results in the Employee being notified that their
employment may be terminated as a result of a proposed major change. This limitation will not
apply to voluntary separation, including calls for expressions of interest in voluntary redundancy.
41.9 The University will consider options to minimise or eliminate the need for retrenchments during
an organisational change process including, but not limited to:
(a) reducing numbers through natural attrition;
(b) inviting expressions of interest for voluntary redundancy;
(c) pre-retirement contracts;
(d) changes of fraction;
(e) leave without pay;
(f) long service leave; and/or
(g) redeployment.
41.10 The University will manage workplace change in a transparent and constructive manner so as
to avoid and minimise any adverse effects on employees. The views of staff and the Unions will
be valued and taken into account by the University.
41.11 Employees who are likely to be affected by major change, together with the Unions or other
Representatives, will be genuinely consulted meaningfully involved in the consideration of
change proposals throughout the process. This includes all stages, from the development of a
formal proposal to implementation issues once the change is determined. The University will
include Employees who are on leave in the consultative process. For Employees at work,
reasonable time for the development of responses to the change proposal will be considered to
be part of normal duties.
41.12 Recognising the sound development of workplace change requires the involvement of the
Employees who are anticipated to be affected by change, and their unions (or other
representative), the University, will engage in preliminary fact finding, data gathering and
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informal discussions with a range of stakeholders including potentially affected Employees prior
to issuing a formal proposal for major workplace change (Step 1 - Consultation).
Step 1 - Consultation on Major Workplace change
41.13 Where the University has developed a formal proposal for major workplace change, the
University will engage in formal consultation with directly affected Employees and their
Representative/s (including their unions) regarding the proposed major workplace change.
41.14 The consultation period is the period before a final decision is made, where Employees and the
Unions and other Representatives are given the opportunity to:
(a) express their views on the proposed change;
(b) provide alternative options to the change, including proposals to mitigate against
redundancy/retrenchment; and
(c) have real and meaningful input into the change process and the final decision.
41.15 Formal consultation will commence with a preliminary meeting held with directly affected
Employees and their relevant Representative/s to present the proposal. Following this meeting,
a written proposal will be distributed to directly affected Employees and/or their relevant
Representative for the purpose of consultation under this clause. The written proposal will set
out:
(a) the underlying rationale for the change;
(b) the objectives and aims of the proposed change;
(c) information about the proposed major change;
(d) potential significant impacts of the change on Employees;
(e) identification of any work that will remain from positions proposed to be made redundant,
and proposals for the redistribution of that work within the workloads of remaining staff;
(f) the proposed organisational chart/s;
(g) key responsibilities of positions in the new structure;
(h) the WHS risk assessment, where appropriate; and
(i) any measures that the University is considering in order to avert or mitigate any material
adverse effect of the proposed major change on the affected Employees.
41.16 Unless otherwise agreed, the written proposal referred to in sub-clause 41.16 will be provided
at least five working days prior to any further meeting with the Employees to discuss the proposal
and ten also be provided to the Union/s or other Representative. The timeframe for consultation
will not be less than 10 working days, unless otherwise agreed. At the request of any party, the
timeframe for consultation will be increased from 10 to up to 20 working days. By agreement the
timeframe for consultation may be increased to more than 20 working days.
41.17 Throughout the consultation period, the University will provide the opportunity to meet and
genuinely consult with the affected Employees and their Representatives on the proposed
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change and any potential alternative proposals. Additional meetings may be organised by the
University to facilitate open discussion and will also be arranged if requested by an affected
Employee or the Unions.
41.18 During the consultation period, the University will invite submissions from affected Employees
and their Union or other Representatives, which may include proposed options to mitigate
adverse effects and/or job loss, for example, proposals for:
(a) transfer within the University, including the provision of reasonable retraining by the
University) (transfer within the University will be in accordance with the provisions of
Clause 44);
(b) taking leave, early retirement, Fixed-Term pre-retirement contract, or Part-Time
employment and/or job sharing;
(c) voluntary redundancy (with payments per clause 43).
41.19 Any proposal will be genuinely considered and a written response demonstrating such provided
to staff and the unions within 10 working days.
41.20 The University will give prompt and genuine consideration to matters and proposals raised
during the stated formal consultation period by Employees and their Union or other
Representatives before deciding whether to proceed with the proposed change, either in its
original or revised form and issuing a final workplace change plan. Position descriptions for
positions relevant to the change process will need to be drafted and provided to staff for
feedback prior to finalising any change document.
41.21 Following the consultation period, the University will distribute a final workplace change plan to
the directly affected Employees and their Representative(s), which will include consideration of
matters raised during the consultation period by Employees and an implementation plan with
proposed timeframes.
41.22 Where any work remaining from a position/s proposed to be made redundant cannot be
accommodated within the available workload/s of remaining ongoing Employee/s, the position/s
will not be made redundant and the Employee/s will not be retrenched.
Step 2 - Implementation of Major Workplace change
41.23 The University will continue to consult with and support directly affected Employees during the
implementation of major workplace change, including opportunities for avoiding or mitigating any
adverse outcomes for affected Employees. Where an Employee's position has become
redundant, the University will take all reasonable steps to avoid forced retrenchments. Where
practicable the University will achieve reductions through appropriate voluntary measures as
outlined in sub-clause 41.21.
41.24 In filling positions in any new structure, the University will determine whether a continuing
position matches a position in the new structure; that is that the key responsibilities of a position
are not significantly changed. Where a position is matched and one Employee is occupying the
position, they will be directly placed into the position. Where positions are not matched, the
Employee will be a Displaced Employee.
41.25 Where matched and there are more Employees than available positions that they are eligible to
be matched to, the positions will be filled by a merit process using fair, transparent and objective
criteria limited to the remaining Employees. Employees who are not successful through this
process will be a Displaced Employee.
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41.26 Following matching, any unfilled positions in the proposed structure will be advertised through
an expression of interest process, limited to continuing staff impacted by the proposed change,
before commencing recruitment through an open recruitment process. This will occur as follows:
(a) A continuing Employee who is a Displaced Employee as a result of the final change plan,
will be given the opportunity to apply for any unfilled positions through an expression of
interest process (EOI) and, following an assessment of the Employee’s suitability for the
position, if appointable they will be appointed.
(b) Employees who have been matched and placed into a new position, may apply for any
unfilled positions at a higher level through the EOI process. In the event they are
unsuccessful in gaining a position at a higher level through the EOI, they will continue to
hold the position in which they were placed. In the event they are successful in gaining
a position at a higher level through the EOI process, the position they were initially placed
into will be advertised through a subsequent EOI process limited to continuing staff
impacted by the proposed change. -
41.27 Where, arising from the process referred to at sub-clause 41.26 (a) an Employee has not
submitted an EOI in any positions in the new structure or whose expression of interest is
unsuccessful, the University may seek to transfer the Employee into a position in the new
structure or elsewhere within the University in accordance with the provisions of Clause 44.
41.28 Where a Displaced Employee is not successful through the EOI process outlined in sub clause
41.26 or a transfer is not possible in accordance with sub-clauses 41.27, a Displaced Employee
will be offered redeployment or redundancy in accordance with clauses 43 and 44.
41.29 Where a new position cannot be filled by a Displaced Employee, (or where it cannot be otherwise
filled by a person in the redeployment "pool" with the appropriate skills), the position/s may be
advertised externally.
41.30 At any time during a change process, where potential redundancies have been identified,
Employees will be encouraged to seek professional financial advice regarding their options. To
assist in this decision-making, the University will allow Employees to meet, during work time,
with a qualified financial planner or accountant and will reimburse costs to a maximum of $300,
subject to provision to the University of a receipt in an acceptable form.
41.31 Where an Employee's position does not continue in accordance with clause 41.29, an Employee
may apply through the Director, People and Culture for:
(a) access to appropriate support from within the University to assist in seeking alternative
employment; and
(b) approval for up to one day a week (plus travel time) to attend interviews for alternative
employment, without loss of pay.
Change to Ordinary Hours of Work or Changes to Rosters
41.32 Where the University proposes to change an Employee's regular roster or ordinary hours of work
(except where an Employee has irregular, sporadic or unpredictable working hours), the
University will:
(a) provide information to the directly affected Employees and their Union or
Representatives about the change;
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(b) invite the directly affected Employees and their Representatives to give their views about
the impact of the proposed change (including any impact in relation to their family or
caring responsibilities); and
(c) consider any views given by the Employees about the impact of the change, including
any impacts on family and caring responsibilities and other work arrangements in place
with the University.
Post-Change Review
41.33 Within 12 months of a decision to proceed with a change proposal under this clause, the
University will review the change against the rationale, expected outcomes, and likely effects of
the change on staff and from the formal change paper. As part of that review:
(a) the University will invite Staff Members from the affected unit and the Unions to comment
on implementation of the change;
(b) the University will assess and advise whether any work remaining from any position(s)
made redundant by the change has been successfully accommodated within the
available workload/s of remaining ongoing Employee/s in accordance with clause 27;
and
(c) if any work remaining from any position(s) made redundant by the change has not been
successfully accommodated within the available workloads of remaining ongoing
Employees, the University will propose remedial action to address workload
intensification, including the creation of new positions.
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42. Redeployment
42.1 Following the implementation of the change process, and after placing any Displaced
Employees within the new structure, the University will invite, in writing, any other Displaced
Employees to elect, within 10 working days, whether he or she wishes to be considered for
redeployment within the University or to be retrenched.
42.2 Where an Employee elects to be considered for redeployment, the University will take all
reasonable steps, during a period of 6 months commencing from the date when the notice of
election is received, to identify a position or positions within the University to which the Displaced
Employee may be redeployed. At the end of the 6-month period, where the Employee has been
unable to be redeployed into a suitable position, the University will proceed to retrench the
Employee in accordance with clauses 43.3 to 43.5.
42.3 A redeployment review period of up to 3 months may apply before the appointment is confirmed.
The assessment for suitability of redeployment into a particular position will be based on the
Employee's skills, abilities and qualifications, and capacity to satisfactorily perform the duties of
the position. A redeployment review will be for the purpose of ensuring that the Employee can
reasonably fulfill the job requirements.
42.4 During the periods referred to in clauses 42.1 and 42.2 the Displaced Employee will be provided
with work in either their present workplace or some other workplace and may undertake such
training identified by the supervisor as likely to assist in redeployment.
42.5 A Displaced Employee who has elected to be considered for redeployment will not refuse a
reasonable offer of redeployment or training. Any approved costs associated with retraining will
be paid for by the University.
42.6 A Displaced Employee may be redeployed to a position classified up to 2 levels lower than that
of the position previously occupied in which case the Employee's existing salary will be frozen
until the pay rate for the top step of the lower classified position overtakes the rate.
42.7 A Displaced Employee who elects to be considered for redeployment but for whom a Continuing
position has not been identified within the period referred to in clause 41.2 will be retrenched.
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43. Redundancy
43.1 Redundancy occurs when the University decides it no longer wishes the job the Employee has
been doing (or substantially similar job) to be done by anyone and this is not due to the ordinary
and customary turnover of labour.
43.2 An Employee will not be disadvantaged as a result of their position being made redundant in
accepting future employment at the University at any point through a Merit Selection process.
Redundancy Pay
43.3 The minimum value of the redundancy pay will be the greater of the redundancy pay prescribed
in the National Employment Standards (NES) or no less than 2 weeks for every completed year
of continuous service (Part - Time service will be calculated on a pro rata basis).
43.4 Where an Employee has completed at least 5 years continuous service with the University the
Employee will be entitled to an additional 4 weeks' pay.
43.5 The maximum redundancy pay payable under clauses 43.3 and 43.4 will be no more than 52
weeks.
43.6 Employees who elect retrenchment within the 10-day consideration period specified in sub
clause 43.1 will be entitled to a further 24 weeks lump sum payment, in addition to the standard
redundancy payments as prescribed in clauses 43.3 to 43.5 above.
Notice Period
43.7 An Employee who is retrenched will be entitled to 5 weeks payment in lieu of notice in addition
to the retrenchment payment.
43.8 Letter of Certification - an Employee who is the occupant of a position deemed to be surplus to
the requirements of the University may request an official letter from the University certifying that
this is the case.
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44. Transfer
Notwithstanding any other provision of this Agreement, the University reserves the right to transfer any
Employee to perform duties commensurate with the Employee’s skills, competence and training at their
current salary and classification level, where such transfer is reasonable and does not involve a change
to the Employees' primary place of employment. The University will manage the transfer in a transparent
manner and will consult with the Employee and give genuine consideration to any objections an
Employee may raise before deciding whether or not to proceed with the transfer. Any suitability
assessment will be based on whether the Employee after a reasonable period of time with access to
training would be able to satisfactorily perform the duties.
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Part 7 - Performance development and review
45. Performance, Planning, Development and Review (PPDR) System
45.1 The University is committed to providing all Employees with the opportunity to be involved in the
planning process within their work unit and to develop personal skills that complement their work
unit's goals.
45.2 The University is also committed to providing all Employees with career development
opportunities when they are available.
45.3 The University will ensure that individual Employees (excluding Casual Employees) have an
opportunity to participate in the PPDR System.
45.4 The PPDR System is designed to provide all Employees with an opportunity to plan and discuss
career and development options with their supervisor.
45.5 The UNE PPDR System will:
(a) be conducted collaboratively between Employees and their supervisors with a view to
achieving engagement by both parties in the Employee’s overall work allocation, skills
development and career progression;
(b) enhance the flexibility, performance and efficiency of Employees in all required skills,
while encouraging innovation and diversity, and in particular develop and build
leadership, management and supervisory and technical skills;
(c) provide effective and fair processes for the assessment of Employees performance,
including the opportunity for Employees to contribute fully to the process, respond to
comments and suggestions with reference to duty statements and position descriptions
and position classification standards and associated tasks;
(d) provide appropriate career development and training, and encourage and facilitate
professional growth, skills acquisition, job satisfaction and career planning;
(e) ensure performance expectations and workload are reasonable, transparent and
appropriate to the Employee's classification level, experience and University practices,
and that relevant information and support is available;
(f) align individual Employee performance with their position, the University's strategic goals
and the goals of the work unit, and develop appropriate professional development for
Employees, taking into account differences in work unit practice and culture;
(g) provide a mechanism for constructive recognition, support and feedback within a
supportive, respectful and collegial working environment.
45.6 A supervisor who identifies unacceptable performance by an Employee and wishes to take
disciplinary action must follow clause 49 Unsatisfactory Performance of this Agreement.
45.7 The PPDR system applies to all Employees (excluding casual employees) and includes
assessments of Employee performance for the purpose of:
(a) professional and career development (formative appraisal);
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(b) incremental progression;
(c) performance;
(d) cyclical performance review; and
(e) reclassification.
Supervisors
45.8 Each Employee will be advised in writing of their nominated supervisor. For the purpose of the
PPDR, supervisors will be competent in the work unit/discipline of the Employee. Employees
may make a case to the relevant Senior Executive for an alternative supervisor to be designated
for the purpose of performance management. Employees who make such a case will not be
unreasonably refused.
45.9 Supervisors are responsible for implementing the PPDR System for all Employees who report
to them. In addition, each supervisor will regularly meet with all Employees who report to them,
both on an individual and group basis. The supervisor will support their Employees in thinking
innovatively and creatively about their future direction and that of their work unit or discipline.
45.10 Supervisors will discuss with their Employees the following matters:
(a) workplace and external developments that affect the Employees and their unit;
(b) opportunities for initiatives, innovation and engagement that would directly involve the
Employees, including realignment of their activities and priorities to best support
University strategies;
(c) review of problems or issues that have arisen in the past and solutions that can be
implemented by the Employees to prevent or mitigate future problems/issues;
(d) training and professional development needs of the Employees; and
(e) any other matter that any Employee raises.
45.11 Employees should discuss career development opportunities with their supervisor.
45.12 A written record will be kept of such discussions and held in the University’s record management
system for future discussions with affected Employees if required.
45.13 Career development opportunities that may be appropriate through the PPDR System may
include, on-the-job coaching, internal temporary transfers, attendance at training and
professional development courses, networking and mentor relationships, job rotation or project
work, researching, secondments, higher duties, additional leave, including professional
development leave and career break leave, involvement in internal or external committees, and
work or study fellowships.
45.14 All supervisors will undertake training in relation to PPDR. This training will be completed prior
to the PPDR process being initiated by the supervisor. It is the expectation that all Employees
will familiarise themselves with the University Performance Planning, Development and Review
policy and processes.
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46. Secondment
46.1 Secondment at the same or higher substantive level may be offered by the University or may be
requested by an Employee and agreed to by the University.
46.2 Prior to initiating a secondment, consideration will be given to the suitability of staff:
(a) currently being considered for redeployment into positions; and
(b) who have applied to the University secondment register (for secondments where the
duration is 6 months or less).
46.3 A secondment not filled through the process above must be advertised through an expression
of interest.
46.4 A secondment must not exceed 12 months, except where a strong business case supports a
secondment for a period exceeding 12 months, and has VC, or nominee, approval.
46.5 Staff on secondment will return to their substantive position at the end of the agreed secondment
period.
46.6 The University will ensure fair reallocation of work usually performed in the substantive position
of a seconded Employee by:
(a) backfilling the position;
(b) revising work priorities in respect of the work usually performed in the substantive
position of the seconded Employee;
(c) arranging that work be performed by other Employees; or
(d) any combination of the above
46.7 The University will ensure planning in respect of the fair reallocation of work prior to the
commencement of the Employee’s secondment.
46.8 The University secondment policy and procedures will apply for all secondments.
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47. Professional Development Fund
47.1 The University is committed to the on-going development of professional Employees, and will
support professional development activities that will enhance an Employee's career
development within the University. A separate fund specifically for use by professional
Employees will be made available centrally to support Employees attending professional
development activities.
47.2 A minimum amount of funding of $200,000 will be available each calendar year during the life of
this Agreement. Funding will be facilitated through the Workforce Strategy and Development
unit of People and Culture and will provide support for professional development activities that
have been identified through the annual PPDR process.
47.3 The purpose of this fund is not to replace normal school or directorate funded professional
development activities, but rather to provide access to enhanced development activities
identified as integral to a staff member's professional development.
47.4 Supervisors will ensure that professional development forms an integral part of each Employee's
annual performance planning and review process. Funds will be allocated on the basis of agreed
training and development needs and in accordance with the University guidelines up to a
maximum of $5,000 per Employee per annum. Agreement to fund a development activity in any
one year should not be construed as agreement to continue such funding in subsequent years.
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48. Incremental Progression
48.1 At the conclusion of each 12-month period following an Employee's entry into a classification an
Employee will be eligible for movement to the next highest salary point within the classification.
48.2 An Employee will proceed by annual increment to the next salary point within the applicable
classification subject to demonstrating satisfactory performance in PPDR or as determined by
their supervisor, and where appropriate, acquiring and using additional skills, experience and
knowledge within the ambit of the classification.
48.3 The withholding of an increment will not be the first indication to an Employee that the supervisor
has concerns about their performance. An increment can only be withheld where:
(a) a supervisor has concerns that an Employee's performance would not justify the award
of an increment;
(b) the Employee has previously been informed of the concerns in writing and has been
given a reasonable opportunity to respond to the concerns; and
(c) the Employee has been given a reasonable opportunity to improve the performance to
the standard required to progress to the next incremental step and their performance
has not improved.
48.4 If the supervisor still has concerns about the Employee's performance then the provisions of
clause 49 must be initiated as Unsatisfactory Performance.
48.5 An Employee's increment will be withheld until their performance improves to a sufficient
standard for the increment to be granted. There will be no retrospective payment of an increment
following such performance improvement.
48.6 Where the outcome of a Dispute procedure or Unsatisfactory Performance procedures identify
that movement between salary points should have occurred, adjustment to salaries and
entitlements will be paid retrospectively following the Employee's anniversary date.
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Part 8 - Performance, Discipline and Termination of Employment
49. Unsatisfactory Performance
General
49.1 Employees are entitled to natural justice and procedural fairness in connection with the
management of Unsatisfactory Performance.
49.2 Employees may choose to bring a support person or their Representative to meetings held in
connection with this clause.
49.3 Unless otherwise stated, performance management will occur in a timely manner and within
nominated timeframes, unless delayed on reasonable grounds, in which case an explanation for
the delay will be provided.
49.4 Unsatisfactory Performance means a level of performance which is unacceptable, including:
(a) the failure of an Employee to perform the work of the position or appointment at a
standard which would be reasonably required having regard to the duties, nature and
purpose of the position; and/or
(b) a failure to meet expected standards in the workplace, for example:
(i) persistent, unsupported absence or lateness, or persistent unavailability;
(ii) persistent substantiated complaints by students or other Employees about not
achieving the required and reasonable standard of work duties and
responsibilities or meeting deadlines; and/or
(iii) inadequate completion of administrative tasks or other responsibilities without
reasonable justification.
49.5 The procedural steps of this clause do not apply to Casual Employees or Employees within the
first 6 months of employment, as the provisions of clause 52.1 apply to Employees within the
first six months of employment.
Monitoring and Feedback
49.6 Performance monitoring and feedback is provided to Employees on an ongoing basis, through
regular discussions with their supervisor (including during the PPDR process (clause 45)).
Stage 1 - Informal process
49.7 If a performance concern with an Employee is identified, the supervisor will consider if the
concern is Unsatisfactory Performance. If not considered to be unsatisfactory performance,
further feedback and support will be available via clause 45.
49.8 Where the supervisor considers the concern is Unsatisfactory Performance, the supervisor will
make an assessment to determine whether the concern:
(a) has been the subject of a previous performance improvement plan within the previous
12 months on the same or similar matter and may therefore be referred to a Decision
Maker under clause 49.17;
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(b) has been the subject of a previous informal performance management process at stage
1 within the previous 12 months and may therefore commence the procedures from
clause 49.10;
(c) should be referred to another University process under the agreement (e.g. Misconduct
or Serious Misconduct), or other appropriate action should be taken; or
(d) is Unsatisfactory Performance to be dealt with in accordance with the procedure from
clause 49.9.
Initial Meeting
49.9 If a supervisor concludes that performance of an Employee is Unsatisfactory Performance, the
supervisor will address the issue(s) promptly, and in consultation with the Employee. This will
involve meeting with the Employee and outlining the required standard of work, the nature of the
improvement(s) required, the time within which reasonable improvement is expected, and any
appropriate guidance, training and development or variation of work allocation is considered
necessary to assist the Employee to address the performance concern.
Stage 2 - Formal Process - Performance Improvement Plan
49.10 If following Stage 1, the supervisor forms the view that the Employee's performance has not
improved to the required standard within a reasonable period of time, the supervisor will meet
with the Employee to explain the concern in specific terms (e.g. what the problem is and how it
impacts the workplace), that consideration is being given to implementing a performance
improvement plan and provide the Employee with an opportunity to respond (orally or in writing)
within 5 working days.
49.11 The supervisor will consider the Employee's response to determine the appropriate way to
proceed. If the supervisor still identifies the concern as Unsatisfactory Performance, then the
supervisor will develop a performance improvement plan as outlined in sub-clause 49.12 below.
49.12 A performance improvement plan will be developed by the supervisor in consultation with the
Employee (where the Employee elects to participate) and will:
(a) clarify roles and responsibilities of the Employee;
(b) reflect the performance expectations and what is to be achieved;
(c) the time period that the Employee has to improve their performance considering the
nature of the work (with performance improvement milestones, where appropriate);
(d) where appropriate, include strategies and allocation of resources for training or
professional development to assist the Employee to meet the performance expectations;
(e) contain a mid-review meeting date and set a final review meeting date to provide a
reasonable amount of time for the Employee to improve; and
(f) include a warning to the Employee that failure to improve may lead to Disciplinary Action
up to and including termination of employment.
49.13 The Employee will be given an opportunity to comment on the performance improvement plan
prior to finalisation by the supervisor.
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49.14 The supervisor will monitor the improvement plan and meet with the Employee as appropriate
to provide feedback about their progress.
49.15 Mid-way through the review period the Employee and supervisor will meet and the supervisor
will provide formal written feedback to the Employee about their progress.
Stage 3 - Review Meeting
49.16 If at the review date the supervisor determines that the Employee has demonstrated the required
improvement, the supervisor will confirm this with the Employee in writing.
49.17 If at the review date the supervisor determines that the Employee has not demonstrated the
required improvement, the matter will be referred to the relevant Senior Executive to consider
Disciplinary Action.
Decision
49.18 The Senior Executive will advise the Employee in writing of the details of Unsatisfactory
Performance and provide copies of relevant documents to the Employee.
49.19 The Employee will have 5 working days to make a written submission to the Senior Executive,
including any mitigating circumstances.
49.20 The Senior Executive will consider the details of the Unsatisfactory Performance, the
Employee's response, the supervisor's application of the process from clause 49.10 to clause
49.15 and relevant documents prior to making a determination.
49.21 The Senior Executive will determine whether there is Unsatisfactory Performance and what, if
any, disciplinary action should be taken. The Senior Executive may in their discretion determine
that the matter:
(a) should be referred to the supervisor for a further review period;
(b) where there is substance in the allegations, reprimand the Employee and/or recommend
counselling. A copy of the formal notice of reprimand is recorded on the Employees
personnel file; or
(c) where the seriousness of the matter warrants, recommend to the Vice-Chancellor
disciplinary action, which is limited to:
(i) demotion to a lower-level position with the resulting reduction in salary for
persistent and unresolved unsatisfactory performance; or
(ii) withholding a salary increment for up to one (1) year; or
(iii) that consideration is given to termination of employment.
49.22 The Employee will be notified in writing of the determination by the Senior Executive and advised
that they may seek a review of the decision in accordance with clause 49.23.
49.23 A review of the action taken in accordance with sub-clause 49.21(c) must be on one or more of
the following grounds:
(a) there is insufficient evidence to support the finding of unsatisfactory performance;
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(b) the procedures of this clause have not been followed;
(c) the proposed disciplinary action is unreasonable in light of the level of unsatisfactory
performance;
(d) mitigating circumstances.
49.24 Where there is a referral to the Vice-Chancellor, the Employee may, within 5 working days of
notification, request a review by a review panel. The request for review must be in writing to the
Vice-Chancellor.
49.25 Where the Employee seeks a review of the decision, in accordance with sub-clause 49.24, the
Vice-Chancellor must establish a review panel within 10 working days to consider the case for
review.
49.26 Where an Employee does not seek a review of a recommendation, in accordance with sub
clause 49.23 within five working days, the Vice-Chancellor will consider the recommendations
of the Senior Executive and any written response from the Employee and will determine such
action as is deemed appropriate in accordance with this clause. The Vice-Chancellor will advise
the Employee in writing of their decision within ten working days form the receipt of the written
advice, in accordance with sub-clause 49.21(c).
Review Panel
49.27 A review panel will be constituted as follows:
(a) a Chairperson (who is not a union official) appointed by the Vice-Chancellor as agreed
between the University and the CPSU or NTEU;
(b) a relevant Senior Executive; and
(c) an Employee nominated by the relevant union.
49.28 The panel members will not have been materially involved in any way in the process.
49.29 The panel will convene no later than ten (10) working days (where practicable) from the date of
receipt of the request for review, unless the Vice-Chancellor and the affected Employee mutually
agree an alternative timeframe.
49.30 The review panel will:
(a) conduct proceedings in private, unless the Employee and the University agree
otherwise;
(b) allow the Employee and the University to be assisted and/or represented by a person of
their choice who is an Employee of the University, or by an officer of a relevant employer
association or the NTEU or CPSU (but not a solicitor or barrister in private practice);
(c) provide an opportunity for the Employee to be interviewed, and ensure an adequate
opportunity to put a case;
(d) interview any other person and consider any further material as it believes appropriate
to establish the facts of the case;
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(e) provide the right for the Employee (and their representative) and the relevant Senior
Executive (and their representative) to be present during the conduct of interviews; ask
questions of interviewees; make submissions; and present and challenge evidence.
(Where the Employee is unable to attend, the Committee may either proceed or elect to
reconvene);
(f) conduct all proceedings as expeditiously as possible consistent with the principles of
procedural fairness;
(g) take into account any mitigating circumstances or other relevant matters which the
Employee may bring to the review panel's attention;
(h) keep a record of the proceedings (but not its own deliberations) which will be available
to either party on request; and
(i) make its report available to the Vice-Chancellor and the Employee within ten (10)
working days of the conclusion of the proceedings.
49.31 The Review Panel Report will include findings relating to:
(a) whether there was sufficient evidence to support the finding of Unsatisfactory
Performance;
(b) whether the process was properly followed; and/or
(c) whether the formal reprimand or recommended disciplinary action is commensurate with
the level of Unsatisfactory Performance.
49.32 Upon receipt of the review panel's Report, the Vice-Chancellor will consider the report of the
review Panel, any recommendations of the Senior Executive and any written response from the
Employee and:
(a) uphold or dismiss the recommendation of the review panel; and/or
(b) where appropriate, determine the process for reconsidering the matter; and/or
(c) take any appropriate disciplinary action in accordance with this clause.
49.33 The Vice-Chancellor will advise the Employee in writing of their decision within five working days.
49.34 A decision under this clause is final, subject to the jurisdiction of any court or tribunal which, but
for this clause, would have jurisdiction to deal with the matter.
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50. Misconduct and Serious Misconduct
General
50.1 Employees are entitled to natural justice and procedural fairness in connection with the
management of Misconduct or Serious Misconduct allegations.
50.2 Employees may choose to bring a support person or their Representative to meetings held in
connection with this clause.
50.3 The management of allegations of Misconduct or Serious Misconduct will occur in a timely
manner and within nominated timeframes, unless delayed on reasonable grounds, in which case
an explanation for delay will be provided.
50.4 Disciplinary Action for Misconduct or Serious Misconduct will only be taken in accordance with
this clause, except where an Employee is a Casual Employee or within the probationary period.
Definitions
50.5 Misconduct means conduct of kind which is unsatisfactory, including:
(a) conduct of a kind that constitutes an impediment to the carrying out of the Employee's
duties or to other Employee's carrying out their duties; or
(b) a dereliction of duties.
Examples of Misconduct may include but are not limited to:
(i) a breach of the UNE Code of Conduct that is not minor;
(ii) a breach of the Australian Code for the Responsible Conduct of Research (as
amended or replaced) or UNE Code of Conduct for Research Rule; or
(iii) a failure to follow a reasonable and lawful direction.
50.6 Serious Misconduct means:
(a) wilful conduct of a kind that constitutes a serious impediment to the carrying out of an
Employee's duties or to other Employee's carrying out their duties; or
(b) serious dereliction of duties.
Examples of Serious Misconduct may include but are not limited to:
(i) wilful or deliberate conduct that causes serious or imminent risk to the health or
safety of a person;
(ii) conviction by a Court of an offence which constitutes a serious impediment of
the kind referred to in paragraph 50.6.(a);
(iii) theft, fraud, assault;
(iv) serious or repeated Bullying or harassment, including sexual harassment;
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(v) repeated incidents of Misconduct;
(vi) serious breach of the Australian Code for the Responsible Conduct of Research
2018 (as amended or replaced) or UNE Code of Conduct for Research Rule;
and
(vii) wilful or serious breaches of the UNE Code of Conduct.
50.7 Remedial Action may include one or more of the following:
(a) guidance,
(b) counselling,
(c) a requirement to undertake development activities,
(d) a requirement to attend training and/or coaching,
(e) informal warning,
(f) mediation and/or
(g) an alternative and agreed dispute resolution.
50.8 Disciplinary Action is limited to:
(a) formal written censure, reprimand or warning;
(b) a requirement to attend training;
(c) where appropriate the reallocation of duties or transfer to another role, which may result
in a reduction in level and subsequent reduction in salary;
(d) reducing salary by one or more increments;
(e) withholding a salary increment for up to 1 year;
(f) termination of employment. Termination of employment will only occur in accordance
with this Agreement for Serious Misconduct.
50.9 Procedures
For the purposes of this clause, a University Officer will mean the Employee's supervisor or a relevant
Employee of UNE who has had no prior involvement in the process of the alleged Misconduct or Serious
Misconduct. The University Officer will act impartially and without bias.
Assessment
50.10 Where there is an allegation/s of Misconduct or Serious Misconduct, the University Officer will
make an initial assessment of any allegations and arrange preliminary inquiries as they consider
appropriate to determine an appropriate course of action to deal with the matter. This will include
talking to the Employee who is the subject of the allegations.
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50.11 In determining an appropriate course of action, the University Officer in consultation with the
Director, People and Culture (or nominee) and the Director Research Services (or nominee) (in
relation to allegations concerning a breach of the Australian Code for the Responsible Conduct
of Research or UNE Code of Conduct for Research Rule) may deal with the matter as follows:
(a) dismissing the matter and notifying the Employee in writing;
(b) if referring the matter to an alternative process under the Agreement (e.g. Unsatisfactory
Performance) or other University Procedure/s, or the Australian Code for the
Responsible Conduct of Research (where there are allegations of a breach of the Code);
(c) referring the matter to the Employee’s supervisor for Remedial Action;
(d) referring the matter to the Director, People and Culture (or nominee) for investigation in
accordance with this clause.
Notification
50.12 Where the matter is referred to Director, People and Culture (or nominee) (hereafter referred to
as 'the Delegate') they will notify the Employee in writing of the allegations in sufficient detail to
enable the Employee to understand the precise nature of the allegation/s. The Employee will be
given a minimum of 10 working days to respond to the allegations.
50.13 If the Employee does not respond, without reasonable explanation, or admits the allegations of
Misconduct or Serious Misconduct in full, the Delegate may refer the matter to the relevant
Senior Executive to determine the appropriate Disciplinary or Remedial Action, after giving the
Employee and opportunity to respond to the proposed outcome..
50.14 If the Employee has admitted the allegations in full as per 50.13 above, in determining the matter,
if the Senior Executive:
(a) is of the view that there has been no conduct that amounts to Misconduct or Serious
Misconduct they will advise the Employee in writing and the matter be closed; or
(b) is of the view that there has been conduct that amounts to Misconduct or Serious
Misconduct the Employee will be informed of the findings and any proposed Disciplinary
Action. The Employee will be given 5 working days to respond; or
(c) is of the view there is merit to the allegations, but it is not Serious Misconduct or is not
of a serious or significant nature, refer the matter back to Executive Officer to take
Remedial Action.
50.15 The Senior Executive will consider any response from the Employee in clause 50.14(b). Where
the relevant Senior Executive is satisfied that an Employee has engaged in Misconduct or
Serious Misconduct, they may take appropriate action as set out below:
(a) Disciplinary Action in the form of one or more of the following:
(i) formal written censure, reprimand or warning;
(ii) requirement to attend training.
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(b) referral of the matter to the Vice-Chancellor for consideration of taking Disciplinary Action
in the form of:
(i) withholding a salary increment for up to one (1) year;
(ii) reducing salary by one or more increments; or
(iii) the reallocation of duties, or a transfer to another role, where appropriate, which
may result in a reduction in level and subsequent reduction in salary; or
(iv) that consideration is given to termination of employment. Termination of
employment will only occur in accordance with Agreement in cases of serious
misconduct.
Investigation
50.16 If the Employee denies the allegations of Misconduct or Serious Misconduct in part or in full, the
Delegate will make such further inquiries as necessary which may include the appointment of
an investigator to investigate the allegations and report to the relevant Delegate on their findings.
50.17 The Employee must be given a reasonable opportunity to respond to any matters, including new
matters, or variations to the initial allegations resulting from the investigation process. A copy of
the Investigator’s Report will be provided to the Employee within 5 working days of it being
provided to the Delegate. If the Investigators Report contains sensitive or private details in
respect to any person involved in the investigation, the Report may be redacted to an extent
necessary to protect such details.
50.18 In determining the matter, if the Delegate:
(a) is of the view that there has been no conduct that amounts to Misconduct or Serious
Misconduct they will advise the Employee in writing and the matter will be closed; or
(b) is of the view that there has been conduct that amounts to Misconduct or Serious
Misconduct they will establish a Misconduct Investigation Committee.
Misconduct Investigation Committee
50.19 Where a Misconduct or Serious Misconduct matter is referred to a Misconduct Investigation
Committee (MIC or the Committee), the Delegate will convene the Committee within ten (10)
working days (where practicable).
50.20 Where such a Committee is established, it will comprise:
(a) a chairperson (who is not a union official) appointed by the Vice-Chancellor from a list of
chairpersons agreed between the University and CPSU or NTEU;
(b) an Employee nominated by the University; and
(c) an Employee nominated by the CPSU or NTEU.
50.21 The terms of reference of the Committee are to report on the facts relating to the allegation/s
that have been denied in the alleged Misconduct or Serious Misconduct matter, including
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whether there are any mitigating circumstances evident, and make a finding as to whether
Misconduct or Serious Misconduct has occurred, and to recommend appropriate action.
50.22 The Committee will:
(a) Conduct proceedings:
(i) as efficiently as possible including in a timely manner and within nominated
timeframes;
(ii) so as to minimise any risk to the health and safety (including arising from
psychosocial hazards) to all persons involved in the Misconduct Investigation
Committee; and
(iii) in private, unless the Employee and the University agree otherwise;
(b) allow the Employee and the University to be assisted and/or represented by a person of
their choice who is an Employee of the University, or by an officer of a relevant employer
association or the NTEU or the CPSU (but not a solicitor or barrister in private practice);
(c) provide an opportunity for the Employee to be interviewed, and ensure an adequate
opportunity to answer the allegation/s and to put a case;
(d) interview any other person and consider any further material as it believes appropriate
to establish the merits or facts of the case;
(e) subject to (a), provide the right for the Employee (and their representative) and the
Delegate (and their representative) to:
(i) be present during the conduct of interviews;
(ii) where the Committee considers it appropriate, ask questions of interviewees;
(iii) make submissions;
(iv) present evidence; and
(v) where the Committee considers it appropriate, challenge evidence (where the
Employee is unable to attend, the Committee may either proceed or elect to
reconvene);
(f) conduct all proceedings as expeditiously as possible consistent with the principles of
procedural fairness;
(g) keep a record of the proceedings (but not its own deliberations) which will be available
to either party on request; and
(h) make its report available to the Vice-Chancellor and the Employee within ten (10)
working days of the conclusion of the proceedings.
Actions following the Committee's Report
50.23 The Employee will be notified of the proposed Disciplinary Action and be given ten (10) working
days after being sent the Investigation Committee's report or a recommendation in accordance
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with clause 50.15(b) to write to the Vice-Chancellor and raise any concerns about the process
or to outline any mitigating circumstances or other factors that they wish to have taken into
account prior to a final decision being made.
50.24 The Vice-Chancellor will consider the report, its recommendations and any written response
from the Employee and will determine such action as he/she deems appropriate. For matters
that have been before a Misconduct Investigation Committee, if the Vice- Chancellor believes
that the matter(s) may constitute Serious Misconduct he/she may request the record of the
proceedings of the Investigation Committee and any other information used by the Investigation
Committee to make its findings before making a decision.
50.25 Once a determination is made, the Employee will be advised of the decision and of the operative
date of any Disciplinary Action to be taken. Where the decision is that there has been no
Misconduct or Serious Misconduct the advice may, by agreement with the Employee, be
published in an appropriate manner.
50.26 All decisions of the Vice-Chancellor under this clause will be final, provided that nothing in this
clause will be construed as excluding the jurisdiction of any external court or tribunal which, but
for this clause, would be competent to deal with the matter.
Suspension
50.27 The Vice-Chancellor may suspend the Employee at any time during the Misconduct/Serious
Misconduct process. The decision to suspend may only be made with pay subject to clause
50.28 and the Employee will be advised in writing of the reasons for the suspension. The Vice-
Chancellor may remove the suspension at any time.
50.28 An Employee may be suspended if:
(a) the Vice-Chancellor considers that there is a possibility of a serious and imminent risk to
another person or to the University's property or reputation or that the allegations are
sufficiently serious and are likely to amount to Serious Misconduct; or
(b) the Employee has been notified that the relevant Senior Executive proposes to
recommend the termination of the Employee's employment; or
(c) the Employee has refused or failed to respond to allegations of Serious Misconduct.
50.29 During any period of suspension the Employee may be excluded from the University provided
that they will be permitted reasonable access to the University, subject to prior approval on each
occasion by a specified University officer, for preparation of their case and to collect personal
property.
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51. Resignation
51.1 A Continuing or Fixed-Term Employee may resign from their employment with the University by
giving notice in writing of their intended resignation.
51.2 The required period of notice (unless a lesser period is agreed with the University) will be:
HEO1 through to HEO5 2 weeks
HEO6 through to HEO10 4 weeks
51.3 Unless otherwise agreed, an Employee will forfeit pay equivalent to the notice period (or part
thereof dependent on length of notice given) where the required notice period is not provided to
the University.
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52. Termination of Employment
52.1 The University may, without reference to any other clause within this Agreement, with
appropriate notice, terminate the employment of an Employee within the first 6 months of
employment on the basis that the Employee is unable to satisfactorily meet the requirements of
the position in which they were employed.
52.2 Except as otherwise provided for in this Agreement, the Employee must be given the following
minimum period of notice (or payment in lieu of notice, or a combination of notice and payment
in lieu of notice) as follows:
Period of continuous service Period of notice
Up to the completion of 3 years 3 weeks
More than 3 years and up to the
completion of 5 years
4 weeks
More than 5 years 5 weeks
52.3 The period of notice, or payment in lieu thereof, in this clause will not apply where employment
is terminated as a consequence of Serious Misconduct such that it would be unreasonable to
require the University to continue employment during a period of notice.
52.4 The University may terminate the employment of Casual and Casual student Employees on the
giving of 1 hours' notice.
52.5 On termination of employment, or earlier during the notice period on request, Employees must
return all University property to the University.
52.6 If an Employee is absent for a period of more than 5 working days without reasonable
explanation, reasonable attempts will be made to contact them, then the Employee may be
deemed to have abandoned their employment.
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53. Medical Retirement
53.1 Where the University believes that the capacity of an Employee to perform the duties of his/her
position is in serious doubt due to health reasons, the University may require, in writing, any
Employee to undergo a medical examination by a medical practitioner chosen by the University,
for the purpose of providing a report to the University.
53.2 The University will provide the Employee with written notice of the medical examination, of not
less than 4 weeks. A shorter period may be mutually agreed having regard to the availability of
medical services. Agreement will not be unreasonably withheld.
53.3 When the written notice is given, it will contain a copy of this clause, and the Employee may
elect during the notice period in clause 53.2 to apply to their superannuation fund for ill-health
retirement or temporary disability benefit. Where an Employee applies to their superannuation
fund, the provisions of clauses 53.15 to 53.17 apply.
53.4 The cost of the medical examination and the reasonable expenses of the Employee in attending
the examination will be borne by the University.
53.5 The relevant position statement/classification descriptor and a statement of the University's
concerns will be provided to the medical practitioner as a basis for assessment. The Employee
will be provided with a copy of these and given an opportunity to provide a response, including
material from the Employee's own registered health practitioner, to the medical practitioner.
53.6 Subject to the provision of medical certificates, the Employee will be on paid personal leave
during the notice period. If the Employee's entitlement to personal leave has been exhausted,
they can use annual leave or long service leave, if applicable, or if all paid leave entitlements
have been exhausted, remain on leave without pay. Additional personal leave may be approved
in accordance with clauses 31.9 to 31.10.
53.7 The purpose of the assessment is to determine whether:
(a) the Employee is able to perform the duties of their position; or
(b) the Employee is not currently able to perform the duties of their position. The assessment
will include the extent of the· incapacity, expected duration, and whether reasonable
accommodation measures could address the issues. If reasonable accommodation
measures are recommended these should be described, and
this determination is to be included in the medical report.
53.8 A copy of the medical report made by the medical practitioner will be made available to the
University, the Employee and the Employee's doctor.
53.9 If the medical examination reveals that the Employee is unable to perform their duties and is
unlikely to be able to resume them within a reasonable period, being not less than 12 months,
the University may medically retire the Employee, noting:
(a) the Vice Chancellor will make the final determination on whether or not the Employee
should be medically retired;
(b) prior to taking action to medically retire an Employee, the University may offer the
Employee the opportunity to submit a resignation and, if such a resignation is offered,
will accept it and not proceed with action to medically retire the Employee; and
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(c) the Employee will receive payment in lieu of notice of 26 weeks.
53.10 The University may construe a failure by an Employee to undergo a medical examination in
accordance with these procedures within 8 weeks of a written notification to do so as prima facie
evidence that such a medical examination would have found that the Employee is unable to
perform their duties and is unlikely to be able to resume them within 12 months. The University
may then medically retire the Employee, provided that such a refusal by an Employee in these
circumstances will not constitute misconduct nor lead to any greater penalty or loss of
entitlements than would have resulted from an adverse medical report.
Review
53.11 An Employee may, within 14 days of receiving the medical report in accordance with clause 53.8
request a further medical examination and report with a review of the findings in the initial report
by a registered medical practitioner agreed by the University and the Employee, or where the
Employee requests the relevant Union. The registered medical practitioner, where practicable,
should specialise or have experience in the area related to the illness or injury. The cost of the
medical examination and the reasonable expenses of the Employee in attending the
examination will be borne by the University.
53.12 The Employee may provide relevant information to the reviewing practitioner.
53.13 A copy of the medical report made by the medical practitioner pursuant to clause 53.11 will be
made available to the University, the Employee and the Employee's doctor.
53.14 The Vice Chancellor or nominee will make a final determination on whether or not the Employee
should be medically retired considering the further report. The University will not medically retire
an Employee unless the findings of the initial report are confirmed by the review process.
Superannuation applications
53.15 Where an Employee has elected to apply to their superannuation fund for ill-health retirement or
temporary disability benefit the University will suspend any action under this clause while an
application is under consideration, provided the fund provides its decision within a reasonable
period of time.
53.16 Where the superannuation fund decides that the Employee, following a period of receipt of a
temporary disability benefit, is capable of resuming work and the University elects to dispute this
decision, the University may proceed in accordance with this clause without further recourse to
the provisions of clause 50.15.
53.17 Pending the superannuation fund's decision, and subject to the provision of medical certificates,
the Employee may use accrued leave entitlements, or if all paid leave entitlements have been
exhausted, remain on leave without pay.
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Part 9 - Disputes and Grievances
54. Grievance Resolution
Operation of clause
54.1 This clause is to be read in conjunction with the University's policies that refer to harassment,
Bullying, unlawful discrimination or vilification. This clause does not cover the resolution of
disputes relating to the correct application, implementation or interpretation of the terms of this
Agreement, as these disputes are industrial disputes settled in accordance with clause 55. This
clause does not apply to grievances between students and Employees. Decisions relating to
appointment of staff, or decisions about which there is a designated alternative appeal/review
procedure, will not be covered by this clause. A grievance does not relate to any interpersonal
dispute which does not relate to employment issues.
54.2 A grievance may relate to:
(a) issues relating to employment;
(b) unfair treatment;
(c) the workplace or workplace related behaviour of another Employee, including:
(i) Bullying;
(ii) harassment;
(iii) unlawful discrimination or vilification.
54.3 This clause does not apply to:
(a) grievances between students and Employees;
(b) decisions relating to appointment of staff, or decisions about which there is a designated
alternative appeal/review procedure;
(c) any interpersonal dispute which does not relate to an employment issue(s).
54.4 A grievance may not be brought to the University later than six (6) months after the date on
which the action (last action or pattern of actions) is alleged to have taken place, unless the Vice
Chancellor or their delegate agrees for the University to deal with the grievance..
54.5 Definitions
(a) Complaint means an informal concern expressed by an Employee about an issue
relating to their employment.
(b) Complainant means the Employee(s) who has/have lodged a complaint or grievance.
(c) Grievance means a formal complaint by an Employee(s) about a problem or concern in
relation to something affecting their employment with the University, which the
Employee/s is seeking to resolve.
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(d) Investigating Officer means a relevant senior Employee of UNE not associated with
the grievance who investigates a grievance. An Investigating Officer may utilise any
additional resources as deemed appropriate to complete the investigation.
(e) Principles of Natural Justice means adherence to the principles of procedural fairness,
including the processes set out in this clause; the keeping of appropriate records in
confidence; and the provision in a timely manner to all relevant parties of allegations,
evidence, and documentation.
The process also includes the following principles of natural justice:
(i) the University Member, the Investigating Officer, and the Senior Executive must
act impartially and without bias;
(ii) all parties have a reasonable opportunity to respond and provide evidence;
(iii) only matters of relevance to the complaint or grievance will be considered; and
(iv) the complaint or grievance must be dealt with in a timely manner.
(f) Respondent means one or more persons who are the subject of the complaint or
grievance.
(g) University Conciliator means a relevant University Officer who does not have a direct
interest in the matter.
54.6 Principles
(a) The University is committed to maintaining and developing a harmonious, fair and
productive working environment.
(b) Timelines are outlined throughout this clause. Where it is not possible to meet these
timelines, a timely explanation for the delay and revised timeline must be provided to the
parties to the Grievance or Complaint.
(c) The University will provide all parties to an accepted Complaint or Grievance under this
clause regular communication at least monthly unless otherwise agreed. The
communication will detail the status of the Complaint or Grievance, estimated timelines
and the opportunity for parties to provide feedback and ask questions.
(d) Complaint and grievance resolution is an integral part of a supervisor's duties. It is the
primary responsibility of supervisors to identify, respond to and address problems in the
workplace and to take all reasonable steps to ensure that victimisation of either a
complainant or a respondent does not occur.
(e) Confidentiality must be respected in terms of record keeping and disclosure and must
be maintained at all times by all parties within the constraints of the need to investigate
a grievance fully.
(f) Complainants and respondents may be accompanied by a support person of their choice
at any meeting with the University Conciliator or Investigating Officer or other University
Officer where a complaint or grievance is to be discussed.
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(g) Parties to a complaint or grievance should engage in the procedures for complaint or
grievance resolution in good faith and focus on achieving resolution of the concerns
raised.
(h) Victimisation of a complainant, respondent or any other person with a legitimate
involvement in a grievance resolution process will not be tolerated by the University.
(i) If after a grievance form is submitted and the Director, People and Culture, believes that
having reviewed a submitted grievance that the matter is frivolous or vexatious the
complainant will be notified in writing detailing why the determination has been made
and that the Complaint or Grievance will not proceed.
(j) If the determination is that the grievance is not frivolous or vexatious, the grievance will
proceed through the formal resolution process as set out in clauses 54.7 - 54.11 below.
The Director, People and Culture will make such a determination within 10 working days
of the receipt of the staff grievance form..
(k) If a University Officer forms the opinion that the grievance is of a potentially criminal
nature, then the grievance will be referred to the Director, People and Culture, who will
determine whether the police should be notified.
54.7 Step 1 - Complaint
(a) In the first instance, Employees should seek to resolve a Complaint informally at the
local work area through:
(i) direct discussions with the other party or parties involved; or
(ii) referral to their supervisor (or if the Complaint is about the Employee's
supervisor, the next level of management or an appropriately trained and
nominated office-holder with a separate reporting line from the supervisor) or
People and Culture, who will seek to resolve the matter by informal means,
including assisted/facilitated discussions between the parties and arranging
mediation by a trained mediator (with consent of both parties). Wherever
possible, such resolution methods must be attempted within ten business days
of the Complaint being made.
(b) If a complaint cannot be resolved in this way by the complainant or the complainant can
demonstrate to the Director, People and Culture that it is not appropriate for the
complainant to attempt informal resolution of the Complaint, an Employee may proceed
directly to Step 2 below.
54.8 Step 2- Grievance
(a) To seek formal resolution of a grievance, the complainant must submit a completed Staff
Grievance Form to People and Culture, along with any associated supporting
documentation and evidence including the following:
(i) the nature of the complaint(s);
(ii) attempts made to resolve the complaint; and
(iii) the complainant's preferred remedy to resolve the complaint.
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(b) In submitting the Staff Grievance Form and supporting material, the complainant accepts
that insufficient information provided in the documentation may restrict the ability to
address the complaint fully. The Director, People and Culture (or nominee) may ask for
further information prior to proceeding to Step 3 – Conciliation.
(c) If the Director, People and Culture (or nominee) refers the allegations made in the
Grievance to an alternative process under this Agreement the complaint will not proceed
through this clause. For example, if the alleged actions or behaviours may amount to
misconduct, in which case the matter will be addressed in accordance with the relevant
Misconduct/Serious Misconduct procedures.
(d) Upon the conclusion of any other process referred to above, the Grievance or Complaint
will resume at Step 2.
54.9 Step 3 - Conciliation
(a) If the Complainant can demonstrate to the University Conciliator that it is not appropriate
for the grievance to be conciliated or a party to the grievance elects not to participate,
the University Conciliator can refer the grievance to the Director, People and Culture for
investigation in accordance with clause Step 4 below.
(b) The University Conciliator will, where practicable or unless otherwise agreed, initiate
conciliation discussions with the Complainant and the Respondent within five (5) working
days of receipt of the grievance or referral.
(c) The University Conciliator is not required to provide the respondent with a copy of the
Staff Grievance Form, but is required to provide the following:
(i) the relevant details of the complaint to enable the respondent to formulate a
response in the case of an investigation;
(ii) all associated documentation and evidence provided by the complainant;
(iii) a copy of the processes set out in this clause through which the matter is to be
resolved;
(iv) opportunities to put their case and respond to the grievance during the
investigation.
(d) The University Conciliator must hold conciliation discussions with both the complainant
and respondent (independently or together where appropriate).
(e) During these discussions, the University Conciliator will:
(i) keep a record of proceedings;
(ii) identify the key concerns of each party;
(iii) convey to the complainant and respondent an appropriate course of action to
resolve the grievance; and
(iv) confirm with the complainant if the course of action has resolved the grievance.
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(f) Where the steps taken in Step 3 result in an agreed resolution between the complainant
and the respondent, the University Conciliator will record on the Staff Grievance Form
the outcome and course of action for resolving the grievance, and provide a copy of the
form to the· complainant and respondent, and record the documents in accordance with
UNE records management protocols.
(g) Where the steps taken in Step 3 do not result in an agreed resolution, the University
Conciliator will record this on the Staff Grievance Form, including any matters that have
been resolved through that process. Then the University Conciliator will ask the
complainant if they wish to have the grievance investigated using the process set out in
Step 4. If the complainant agrees in writing, then the University Conciliator will
immediately notify the Director, People and Culture and provide copies of the Staff
Grievance Form to the Complainant and the Respondent.;
54.10 Step 4 - Investigation
(a) The Director, People and Culture will appoint an Investigating Officer to progress the
investigation process within 10 working days of Step 3 concluding, and provide a copy
of the Staff Grievance Form and any supporting documentation to the Investigating
Officer.
(b) The Investigating Officer will provide the complainant and the respondent with a copy of
the processes set out in this clause by which the matter is to be investigated and advise
them in writing of:
(i) the nature of the grievance;
(ii) the name of the Investigating Officer investigating the grievance;
(iii) their opportunity to clarify immediately any matter regarding the grievance.
(c) The Investigating Officer will provide the respondent with the:
(i) full and precise details of the grievance to enable the respondent to formulate a
response;
(ii) time, date and place for the interview or for participating in a telephone
conference instead of attending an interview;
(iii) right to be accompanied by a support person;
(iv) right to provide a written submission (written submissions must arrive at least
one working day prior to the date of the interview as advised in the notice).
(d) The respondent will be granted at least ten (10) working days to prepare for the interview
and/or provide a response in writing to the complaint.
(e) Where the respondent fails to attend and/or participate in the interview and does not
provide a written submission, without reasonable explanation, then the Investigating
Officer may proceed to determine the matter in the absence of the respondent.
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(f) Within ten (10) working days of the interview, the Investigating Officer will provide a
report, including recommendations for resolution of the grievance, to the relevant Senior
Executive.
54.11 Stage 5 - Outcome of the Investigation
(a) Within ten (10) working days of receipt of the Investigating Officer's report, a Senior
Executive will respond to the report's recommendations.
(b) The Senior Executive may recommend that the:
(i) Investigating Officer's recommendations be implemented in full;
(ii) Investigating Officer's recommendations be implemented in part;
(iii) Investigating Officer's recommendations be set aside;
(iv) grievance be dismissed.
(c) Where the Senior Executive determines that the alleged action/s or behaviour/s may
amount to misconduct or serious misconduct, the matter will be referred to the
Misconduct/Serious Misconduct clause in this Agreement.
(d) The decision of the Senior Executive will be recorded on the Staff Grievance Form. A
copy will be provided to the complainant and respondent and recorded in accordance
with UNE record management protocols.
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55. Dispute Resolution
55.1 The following industrial dispute procedure must be used to settle any industrial dispute which
may arise about the application of, or matters arising under, this Agreement or the National
Employment Standards.
55.2 An Employee may be represented by their union or a person of their choice at any stage of the
Dispute Resolution process.
55.3 Until the procedures described in sub-clause 55.4have been completed:
(a) work must continue in the normal manner prevailing at the time of the dispute, unless
there is a genuine risk to health and safety.;
(b) nothing must be changed which is the subject of the dispute except to the extent
necessary to address:
(i) work health and safety risks;
(ii) undue disruption to the work of the University; or
(iii) significant negative financial impact to the University.
(c) Notwithstanding sub-clause (b) above, the University must not dismiss an Employee
where that dismissal arises out of the subject matter of the dispute;
(d) no industrial action will be taken about the dispute (where it is necessary for an Employee
to stop work in response to an imminent and serious risk to health and safety, it will not
be taken to be industrial action for the purpose of this clause); and
(e) no action will be taken which may exacerbate the dispute.
55.4 If there is an industrial dispute the following procedure must be followed:
(a) In the first instance, an Employee/s and/or their NTEU/CPSU representative/s, and the
University representative/s will discuss the dispute and attempt to reach Agreement
within seven calendar days of the dispute first being notified in writing unless agreed
otherwise.
(b) At the election of either party to the dispute, where they believe it would be beneficial to
have further discussion, within seven days or other agreed timeframe, at least one
further meeting will be held to attempt to resolve the matter.
(c) Should the dispute not be resolved by the process referred to at 52.3(a) and (b), the
matter may be referred by any party to the dispute to the Fair Work Commission (FWC)
for resolution by conciliation, or where conciliation does not resolve the dispute by
arbitration. In resolving the dispute the FWC can exercise any of its powers under the
Fair Work Act 2009 (Cth). The parties to the dispute will be bound by and implement any
recommendation or decision of the FWC subject to any right of appeal.
(d) Any referral to the FWC for resolution must occur within 21 clear calendar days of the
date on which the parties agree the dispute not resolved (unless the parties agree in
writing to a different timeframe) otherwise the dispute will be deemed to have elapsed.
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55.5 Nothing in this clause prevents the parties to the dispute from agreeing to refer an unresolved
dispute to a person or body other than FWC for resolution, in which case the parties agree to be
bound by any recommendation to resolve the dispute, made by the agreed person or body. Such
agreed person or body may exercise such powers and functions as the parties agree are
appropriate at the time.
55.6 Any error in classification, category of employment, pay rate or entitlement under this Agreement
will be remedied as soon as possible after it is identified through the process outlined in this
clause. A remedy under this clause will be from the later of:
(a) the date on which the error occurred; or
(b) six years prior to the referral of the dispute to the Fair Work Commission.
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Part 10 - Miscellaneous
56. Intellectual Freedom
56.1 The University is committed to act in a manner consistent with the protection and promotion of
intellectual freedom within the University.
56.2 An exercise of intellectual freedom is not misconduct or serious misconduct and is not subject
to any disciplinary action under this Agreement or under any University policy, procedure, Code
of Conduct, or contract of employment.
56.3 Intellectual freedom includes the right, without fear of harassment, intimidation or unfair
treatment, to:
(a) participate in public debates and express opinions about issues and ideas related to an
Employee’s discipline area or areas of professional expertise and about higher education
issues more generally including University governance;
(b) express opinions or comments outside their discipline or areas of professional expertise
as long as they do so on their own behalf and do not claim to represent the University;
(c) pursue critical and open academic inquiry and to freely discuss, publish and research;
(d) express of unpopular or controversial views; and
(e) participate in professional and representative bodies, including Unions, and engage in
community service;
56.4 Intellectual freedom rights do not include any right to vilify, harass or otherwise act unlawfully
nor are they intended to protect any person engaging in these forms of behaviour from the
operation of relevant laws.
56.5 The University will encourage Staff to participate actively in the operation of the University and
in the community. The University will take all reasonable steps to ensure that all governing
bodies within the University operate in a transparent and accountable manner, encouraging
freedom of expression and thought.
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57. Union Matters
Office Facilities
57.1 The University will provide to the NTEU and CPSU, free of charge, access to secure offices
connected to power, phone lines etc. for the purpose of carrying out the legitimate business of
the Unions as the representatives of Employees in relation to the matters included in this
Agreement. The NTEU and CPSU will pay for any costs associated with telephones, faxes and
internet access and the University will pay for the cost of power and water.
57.2 The University will provide access to notice boards to each the NTEU and CPSU in each
University building for the display of materials authorised by the Unions.
Employee Inductions
57.3 The University will give the Unions reasonable notice of the times and places it intends to
conduct inductions. At the conclusion of an induction session Union officers will have reasonable
access to new Employees who attend such sessions. The University will provide CPSU and
NTEU membership forms to Employees at induction sessions.
57.4 Where Employee Inductions are digital rather than face to face, the University will invite the
Unions to provide material about Union membership, including a video recording, contact details
and links to membership applications, which will be distributed by the University during its online
induction and training courses
Payroll Deductions
57.5 As a service to its Employees, the University will provide for the deduction of Union dues from
salary at a rate or amount advised from time to time as payable under the Union's rules, where
this has been authorised by the Employee. There will be no charge to the Employee for this
service. The Employee or a Union will be entitled to cancel the arrangement by advice in writing.
57.6 The University will not increase the amount (or where applicable the rate), if any, of charge for
any such deduction.
57.7 The University will provide to any Union member, where the Union member has authorised this,
for the deduction of an amount from each pay in favour of Australian People for Health Education
and Development Abroad (APHEDA).
Union Rights
57.8 Accredited Union delegate will mean an Employee who has been identified by the relevant union
as such, being one of the following:
(a) the members of the UNE CPSU Branch Committee,
(b) the members of the UNE NTEU Branch Committee, and/or
(c) a State or National Conference, Executive, Committee of Management or Council of the
Union.
A list containing the names of such Employees must be provided to the Director, People and
Culture at the commencement of this Agreement and then updated each year. The size of the
110
UNE CPSU Branch Committee and the UNE NTEU Campus Executive cannot exceed the limits
set out in the CPSU UNE Branch Charter and the State NTEU rules respectively.
57.9 The Branch President of the NTEU and the CPSU will be provided with recognition of their Union
activities through time release of 20% of their workload allocation. The University will pay for the
allocation centrally by reimbursing the cost centre.
57.10 The University will grant accredited Union delegates leave with pay to attend Union training of
up to 5 days per year. Such leave will count as service for all purposes.
57.11 The University will grant accredited Union delegates leave with pay to attend external Union
meetings of up to 5 days per year. The granting of leave will apply to the following activities
undertaken by a Union delegate: Conferences of the Union, Meetings of the Union's Executive,
Committee of Management or Councils; Conference of the Unions NSW, and Conferences of
the Australian Council of Trade Unions.
57.12 Such leave will count as service for all purposes.
57.13 Each March and September, the University will provide to the Unions a list of the names, job
titles, categories of employment (Professional/Academic), and University email address of each
employee in a format which allows the list to be sorted by any of these categories.
57.14 The Union will only use the information provided for contacting employees on legitimate union
business. It will ensure that no one apart from paid union officials or elected senior officers of
the Union Branch (President, Vice Presidents) have access to the information.
57.15 The Union will not use this information to contact an employee if the employee has, directly in
writing, requested that the union does not contact the Employee. The unions will include advice
of this from time to time in material provided to Employees.
57.16 The University will not prevent, or cause to be prevented, communications between the Unions
and any Employee, including the delivery of email or access to an internet site.
57.17 The University may agree to the secondment of a Staff Member to the Staff Member’s Union for
up to 6 months in the first instance, and if agreed, for a further period of up to 6 months. The
Union is required to meet all costs of the secondment, including salary, superannuation, leave
accrual and salary on costs. Service whilst on secondment to a union will count as continuing
service for leave and incremental purposes.
Time Release
57.18 No Employee will be disadvantaged as a result of Union activities conducted in accordance with
responsibilities incurred as a result of implementation of this Agreement.
57.19 A Union delegate will be considered on duty and will be allowed reasonable time with pay for
the conduct of authorised Union activities, including representing staff in relation to this
Agreement.
57.20 Authorised Union activities will include: attending an industrial tribunal as a participant or witness
where the University is a party to the proceedings, attending a Union seminar or delegates'
council or committee meeting; attending meetings with workplace management and a
reasonable period of preparation time before such meetings, presenting information about the
Union at the completion of induction sessions for new Employees, and distributing official Union
publications or other authorised material at the workplace.
111
57.21 Unions may hold meetings of members on the premises of the University. Union meetings will
be held during meal or other work breaks and may only be held during working hours if agreed
between the Union and the University.
57.22 Union delegates will have reasonable access to University facilities including, but not limited to
telephones, fax machines, internet access, e-mail and meeting rooms, and may utilise their office
facilities to carry out their duties as a Union delegate.
57.23 The parties to the Agreement acknowledge that the purpose of sub-clauses 57.1 to 57.14 above
and clause 6 are to benefit the University's Employees by facilitating the provision of effective
and accessible industrial representation.
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58. Delegates’ Rights
58.1 Clause 58 provides for the exercise of the rights of workplace delegates set out in section 350C
of the FW Act.
NOTE: Under section 350C(4) of the FW Act, UNE is taken to have afforded a workplace delegate the
rights mentioned in section 350C(3) if the employer has complied with clause 58.
58.2 In clause 58:
(a) delegate’s organisation means the employee organisation in accordance with the rules
of which the workplace delegate was appointed or elected; and
(b) eligible employees means members and persons eligible to be members of the
delegate’s organisation who are employed by the employer in the enterprise.
58.3 Before exercising entitlements under clause 58, a workplace delegate must give UNE written
notice of their appointment or election as a workplace delegate. If requested, the workplace
delegate must provide UNE with evidence that would satisfy a reasonable person of their
appointment or election.
58.4 An employee who ceases to be a workplace delegate must give written notice to UNE within 14
days.
58.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to
be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining
representative under section 176 of the FW Act or is assisting the delegate’s
organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of UNE under
which eligible employees are entitled to be represented and which concerns their
industrial interests.
58.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of
representing their industrial interests under clause 58.5. This includes discussing
membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours
or work breaks, or before or after work.
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58.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) UNE must provide a workplace delegate with access to or use of the following workplace
facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible
by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the
employer to communicate with eligible employees and by eligible employees to
communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) UNE is not required to provide access to or use of a workplace facility under clause
58.7.a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of
the facility at the time or in the manner it is sought; or
(iii) UNE does not have access to the facility at the enterprise and is unable to obtain
access after taking reasonable steps.
58.8 Entitlement to reasonable access to training
UNE must provide a workplace delegate with access to up to 5 days of paid time during normal
working hours for initial training and at least one day each subsequent year, to attend training
related to representation of the industrial interests of eligible employees, subject to the following
conditions:
(a) In each year commencing 1 July, UNE is not required to provide access to paid time for
training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests
paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount
the workplace delegate would have been paid for the hours the workplace delegate
would have been rostered or required to work on that day if the delegate had not been
absent from work to attend the training.
(d) The workplace delegate must give UNE not less than 5 weeks’ notice (unless UNE and
the delegate agree to a shorter period of notice) of the dates, subject matter, the daily
start and finish times of the training, and the name of the training provider.
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(e) If requested by UNE, the workplace delegate must provide UNE with an outline of the
training content.
(f) UNE must advise the workplace delegate not less than 2 weeks from the day on which
the training is scheduled to commence, whether the workplace delegate’s access to paid
time during normal working hours to attend the training has been approved. Such
approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends,
provide UNE with evidence that would satisfy a reasonable person of their attendance
at the training.
(h) Training in accordance with this clause is in substitution of, and not additional to, leave
in accordance with clause 57.10.
58.9 Exercise of entitlements under clause 58
(a) A workplace delegate’s entitlements under clause 58 are subject to the conditions that
the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of UNE, including
reasonable codes of conduct and requirements in relation to occupational health
and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to
freedom of association.
(b) Clause 58 does not require UNE to provide a workplace delegate with access to
electronic means of communication in a way that provides individual contact details for
eligible employees.
(c) Clause 58 does not require an eligible employee to be represented by a workplace
delegate without the employee’s agreement.
NOTE: Under section 350A of the FW Act, UNE must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the
FW Act or clause 58.
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59. Childcare
59.1 The University is committed to providing equal employment opportunities and to identifying and
removing barriers to participation and progression in employment.
59.2 The University undertakes to maintain a childcare facility on campus for the life of this
Agreement.
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SCHEDULE A- SALARY RATES-PROFESSIONAL EMPLOYEE SALARY
RATES
Unless otherwise prescribed, the minimum salaries payable to full-time professional staff will be
as set out below:
Salary as at
first full pay
period on or
after 1 July
2022
From first
full pay
period on or
after 1 July
2023
From first
full pay
period on
or after 1
July 2024
From first full
pay period
on or after 1
July 2025
From last
full pay
period on
or before
30 June
2026
HEO 10 127,061 129,602 133,490 137,495 144,645
HEO 9.4 127,014 129,554 133,441 137,444 144,591
HEO 9.3 124,456 126,945 130,753 134,676 141,679
HEO 9.2 121,614 124,046 127,768 131,601 138,444
HEO 9.1 118,775 121,151 124,785 128,529 135,212
HEO 8.5 118,605 120,977 124,606 128,345 135,019
HEO 8.4 114,503 116,793 120,297 123,906 130,349
HEO 8.3 110,403 112,611 115,989 119,469 125,681
HEO 8.2 106,298 108,424 111,677 115,027 121,008
HEO 8.1 102,199 104,243 107,370 110,591 116,342
HEO 7.5 102,053 104,094 107,217 110,433 116,176
HEO 7.4 99,329 101,316 104,355 107,486 113,075
HEO 7.3 96,599 98,531 101,487 104,532 109,967
HEO 7.2 93,873 95,750 98,623 101,582 106,864
HEO 7.1 91,147 92,970 95,759 98,632 103,761
HEO 6.5 91,077 92,899 95,685 98,556 103,681
HEO 6.4 89,021 90,801 93,525 96,331 101,340
HEO 6.3 86,972 88,711 91,373 94,114 99,008
HEO 6.2 84,915 86,613 89,212 91,888 96,666
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HEO 6.1 82,859 84,516 87,052 89,663 94,326
HEO 5.5 82,802 84,458 86,992 89,602 94,261
HEO 5.4 80,053 81,654 84,104 86,627 91,131
HEO 5.3 77,305 78,851 81,217 83,653 88,003
HEO 5.2 74,557 76,048 78,330 80,679 84,875
HEO 5.1 71,806 73,242 75,439 77,703 81,743
HEO 4.4 71,774 73,209 75,406 77,668 81,707
HEO4.3 69,944 71,343 73,483 75,688 79,623
HEO4.2 68,112 69,474 71,558 73,705 77,538
HEO 4.1 66,282 67,608 69,636 71,725 75,455
HEO 3.5 66,160 67,483 69,508 71,593 75,316
HEO 3.4 64,812 66,108 68,091 70,134 73,781
HEO 3.3 62,534 63,785 65,698 67,669 71,188
HEO 3.2 60,264 61,469 63,313 65,213 68,604
HEO 3.1 57,993 59,153 60,927 62,755 66,019
HEO 2.3 57,788 58,944 60,712 62,533 65,785
HEO 2.2 56,828 57,965 59,703 61,495 64,692
HEO 2.1 55,227 56,332 58,021 59,762 62,870
HEO 1.4 55,087 56,189 57,874 59,611 62,710
HEO 1.3 53,576 54,648 56,287 57,976 60,990
HEO 1.2 51,917 52,955 54,544 56,180 59,102
HEO 1.1 50,260 51,265 52,803 54,387 57,215
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SCHEDULE B - SALARY RATES- CASUAL PROFESSIONAL EMPLOYEE
RATES
Casual Staff Rates
1. The hourly rates payable to Casual professional staff will be as follows (this includes a casual
loading of 25%):
HEO Level
Hourly rate as at
first full pay period
on or after 1 July
2022
From first full
pay period on
or after 1 July
2023*
From first
full pay
period on or
after 1 July
2024
From first full
pay period on
or after 1 July
2025
Last full pay
period on or
before 30
June 2026
1 33.94 34.62 35.66 36.73 38.64
2 37.29 38.04 39.18 40.35 42.45
3 39.18 39.96 41.16 42.40 44.60
4 44.76 45.66 47.02 48.44 50.95
5 48.5 49.47 50.95 52.48 55.21
6 55.95 57.07 58.78 60.54 63.69
7 61.56 62.79 64.67 66.62 70.08
8 69.03 70.41 72.52 74.70 78.58
9 80.22 81.82 84.28 86.81 91.32
10 85.82 87.54 90.16 92.87 97.70
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SCHEDULE C- APPRENTICE RATES
1. The minimum annual salary payable to apprentices covered by this Agreement will
be as follows:
Description
Salary as
at first full
pay period
on or after
1 July
2022
From first
full pay
period on or
after 1 July
2023*
From first
full pay
period on
or after 1
July 2024
From first
full pay
period on or
after 1 July
2025
From last
full pay
period on
or before
30 June
2026
HEO
Apprentice
Level 1
(45% of
HEO LEVEL
3.1) 26,097 26619 27418 28240 29709
HEO
Apprentice
Level 2
(60% of
HEO LEVEL
3.1)
34,797 35493 36558 37654 39612
HEO
Apprentice
Level 3
(75% of
HEO LEVEL
3.1)
43,497 44367 45698 47069 49516
HEO
Apprentice
Level 4
(90% of
HEO LEVEL
3.1) 52,196 53240 54837 56482 59419
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SCHEDULE D - ALLOWANCES
1. At the date this Agreement comes into effect, the following allowances will be
paid, to Employees where appropriate in table 1 at the rates set out in table 2
below:
Table 1 - Allowance Application
Allowance Application
Meal Allowances Where an Employee is required to continue working in excess of 2
hours immediately after normal finishing time (except where overtime
work ceases no later than 6.00pm)
Where an Employee is required to work overtime for more than 5 hours
on weekends or public holidays.
Where an Employee is required to commence duty on or before
6.00am being 1 hour before the Employee's usual starting time.
Motor Vehicle
Allowance
Where an Employee is required and has been duly authorised in
advance by the University to use their own vehicle in connection with
the University business.
A motor vehicle allowance will not be paid to an Employee who
receives an annual motor vehicle allowance to compensate for the
continuous use of such employee's private motor vehicle in
connection with University
business.
Tool Allowance Where an Employee is engaged as qualified tradesperson within a
trades area of the University and is required to provide their own
tools.
Uniform and
Protective
Clothing
Allowance
Where an Employee is required to wear protective clothing or a uniform
and such protective clothing or uniform is not provided by the
University.
Travel Allowance
-Meal
Where an Employee will be absent from the University and this
absence does not extend overnight, reimbursement of actual costs
incurred will be made subject to provision of receipts. The
allowances will be paid where the
Employee leaves before or returns later than the following times:
Breakfast
Lunch
Dinner
Time of
leaving
Time of returning
7.00 am
1.30 pm
6.30 pm
Travel allowance
-
Accommodation
Where an Employee is absent from the University on University
business and the absence extends overnight but does not exceed
14 days.
First Aid
Qualification
Costs paid to obtain and/or maintain the qualification for an
Employee formally appointed as a First Aid Officer.
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Table 2 – Allowance Rates
Allowance
Type
As at 30 June
2022
First full pay
period
following 1
July 2023
First full pay
period
following 1
July 2024
First full pay
period
following 1
July 2025
Last full pay
period on or
before 30
June 2026
Meal
Allowance
$21.61 $22.04 $22.70 $23.38 $24.60
Motor vehicle
allowance (per
kilometre)
$0.87 $0.89 $0.91 $0.94 $0.99
Tool
Allowance -
Carpenter,
Drainer,
Mechanical
fitter, Plumber,
Welder (per
fortnight)
$44.77 $45.67 $47.04 $48.45 $50.97
Tool
Allowance -
Electrical
Fitter (per
fortnight)
$25.63 $26.14 $26.93 $27.73 $29.18
Tool
Allowance -
Painter (per
fortnight)
$11.12 $11.34 $11.68 $12.03 $12.66
Uniform and
Protective
Clothing
Allowance
(per fortnight)
$16.99 $17.33 $17.85 $18.39 $19.34
Travel
Allowance -
Meal -
Breakfast (per
day)
$24.02 $24.50 $25.24 $25.99 $27.34
Travel
Allowance -
Meal - Lunch
(per day)
$30.02 $30.62 $31.54 $32.49 $34.17
Travel
Allowance -
Meal - Dinner
(per day)
$48.02 $48.98 $50.45 $51.96 $54.67
2. The First Aid Allowance is an annual allowance and will be increased as per the
salary increases provided by this Agreement.
Allowance
Type
As at 30 June
2022
First full pay
period
following 1
July 2023
First full pay
period
following 1
July 2024
First full pay
period
following 1
July 2025
Last full pay
period on or
before 30
June 2026
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First Aid
Allowance
(per annum)
$1,016.55 $1,036.88 $1,067.99 $1,100.03 $1,157.23
Health and Safety Representative
3. Staff elected as Health and Safety Representatives (see Definitions) will be paid an
allowance equivalent to the First Aid allowance.
Working Offshore Allowances
4. This allowance only covers overseas placements and short assignments (e.g. attending
graduation ceremonies, teaching duties), and does not override other specific provisions
for study leave, conference attendance and research/fieldwork. Ongoing costs for long
term placements, which involves a change in residency status, will be negotiated with
the Employee.
5. The University will pay and arrange for all necessary travel expenses, accommodation,
workers compensation and other relevant insurances, medical examinations, visa
arrangements, and any other requirements for approved offshore travel and
employment.
7 Employees working overseas on a short-term basis will be entitled to actual costs paid
for accommodation and travel; and for meals and incidentals, up to the maximum
applicable Australian Taxation Office rates, based on actual receipts/documentation
provided.
Indigenous Languages
8 In accordance with clause 12.7, the following annual allowances will apply:
Level As at 30
June
2022
First full
pay period
following 1
July 2023
First full
pay period
following 1
July 2024
First full
pay period
following 1
July 2025
Last full
pay period
on or
before 30
June 2026
Level 1 Elementary level –
this level of
accreditation is
appropriate for
Employees who are
capable of using
minimal knowledge
of language for the
purpose of simple
communication.
$2,377.86 $2,425.42 $2,498.18 $2,573.13 $2,706.93
Level 2 Level 2 represents a
level of ability for the
ordinary purposes of
general business,
conversation, reading
and writing.
$4,757.72 $4,852.87 $4,998.46 $5,148.41 $5,416.13
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SCHEDULE E- PROFESSIONAL EMPLOYEE CLASSIFICATION
DESCRIPTORS
LEVEL 1
TRAINING LEVEL DESCRIPTOR
Appointment at the base of this level does not require formal qualifications or work experience upon
engagement.
Appointment at the base of this level will require structured on-the-job training in addition to up to 38
hours of induction to the higher education industry which will 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, occupational health and safety, equal opportunity
practices and extended basic literacy and numeracy skills training where required/necessary to enable
career path progression.
TASK LEVEL DESCRIPTOR
Tasks at this level are likely to be repetitive tasks, covered by established procedures, which usually
require less than one month of on-the-job training to achieve competence. Tasks require the ability to
follow clear instructions. Some knowledge of materials, e.g. cleaning chemicals and hand tools, may be
required. Tasks may be associated with manual duties or elements of level 2 duties performed under
close supervision in conjunction with structured on-the-job training.
JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING
At this level it is expected that Employees will have the ability to resolve problems where: the situations
encountered are repetitive, the alternatives for the job holder are limited and readily learned, the required
action is clear or can be readily referred to higher levels.
LEVEL OF SUPERVISION
Supervision received:
Close supervision or, in the case of more experienced Employees working alone, routine supervision.
ORGANISATIONAL KNOWLEDGE, RELATIONSHIPS AND IMPACT
Perform tasks which are basically self-contained, with the impact of established procedures on other
people or work areas being the concern of more senior Employees. May provide straightforward
information to others on building or service locations.
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LEVEL 2
TRAINING LEVEL DESCRIPTOR
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 10 with relevant work experience; or
completion of Year 12 without relevant work experience; or
completion of Certificates I or II with work-related relevant experience; or an equivalent
combination of experience and training.
TASK LEVEL DESCRIPTOR
Perform a range of straightforward tasks, where procedures are clearly established.
Tasks at this level are likely to require the performance of a range of similar duties governed by
instructions and established procedures. Employees may occasionally perform more complex tasks for
which detailed procedures exist and where assistance or advice is normally provided. Task competency
can be acquired through on the job training and/or short courses.
JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING
At this level it is expected that problems encountered will be similar and the relevant response will be
covered by established techniques, procedures or instructions. The choices to be made between
alternate actions are straightforward or follow familiar patterns and assistance will be available when
unusual circumstances are encountered or when established responses are not effective.
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.
Positions are accountable for their own work which is performed within established practices, methods
and procedures, with more complex tasks performed occasionally.
LEVEL OF SUPERVISION
Supervision received:
Routine supervision of straightforward tasks. Close supervision of more complex tasks.
ORGANISATIONAL KNOWLEDGE, RELATIONSHIPS AND IMPACT
Following training, may provide straightforward information/advice and assistance to members of the
public, students and other Employees which is based on a 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.
Perform tasks which may involve relaying information on requirements or procedures where
interpretation or problem solving is not required.
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LEVEL 3
TRAINING LEVEL DESCRIPTOR
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 Ill; or
completion of Year 12 or a Certificate 11, 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.
TASK LEVEL DESCRIPTOR
Tasks at this level are likely to be of a routine nature within established work routines. Experience and
knowledge of routine technical skill/assistance may be required. Tasks require some theoretical
knowledge and the interpretation of rules, guidelines, procedures and instructions. Tasks should have
some degree of complexity and variety. Guidance or development would normally be provided before
new tasks or situations are handled.
JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING
At this level it is expected that Employees will have the ability to:
exercise judgement on work methods and task sequences within specified timelines and
established practices and procedures,
provide solutions or courses of action within established guidelines or policy, identify routine
problems,
meet set priorities,
use discretion in routine problem solving,
assist in identifying ways to improve performance of tasks.
LEVEL OF SUPERVISION
Supervision received:
Procedural direction where-
tasks have clearly defined objectives, tasks have clearly defined procedures,
guidelines and work routines are clearly defined,
decisions are made between a range of straightforward alternatives.
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Supervision given:
This is the first level where supervision of other Employees may be required. The supervision is of a
routine nature within highly defined procedures.
ORGANISATIONAL KNOWLEDGE, RELATIONSHIPS AND IMPACT
Perform tasks which may involve:
(a) knowledge and sensitivity to identify the consequences of routine decisions or courses
of action on people, work areas,
(b) provision of information to Employees and work areas which is accurate and easily
understood within established guidelines,
(c) the ability to communicate with people and liaise with work areas,
(d) clear understanding of the role and function of own work area,
(e) some knowledge of the University's organisation,
(f) knowledge of the work area processes and an understanding of how they interact with
other related areas and processes.
127
LEVEL 4
TRAINING LEVEL DESCRIPTOR
Level 4 duties typically require a skill level which assumes and requires knowledge or training equivalent
to:
completion of a diploma level qualification; 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 Ill with extensive relevant work experience; or an equivalent
combination of relevant experience and/or education/training.
TASK LEVEL DESCRIPTOR
Tasks at this level are likely to be varied, some of a routine nature with a degree of complexity. Tasks
require the application of any or all of the following within the work area:
a sound knowledge of policies and procedures,
some specialist knowledge or skills or a broad knowledge with depth in some areas, ability to
understand principles and reasoning behind policies,
some knowledge of planning, co-ordination and evaluation, limited creative, planning, analysis
or design functions.
JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING
At this level it is expected that Employees will have the ability to:
do basic analysis and resolve more difficult problems within established guidelines/procedures,
identify and monitor priorities,
investigate and research straightforward matters which need clarification or resolution or use in
planning for technical purposes
interpret and apply relatively straightforward rules, legislation or policies,
make recommendation on courses of action to be taken, for authorisation by others, take
responsibility for own tasks and coordination of specified tasks.
LEVEL OF SUPERVISION
Supervision received:
Procedural direction where-
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guidance is available in situations where courses of action are not defined or too complex,
supervision is limited when established rules, procedures and guidelines are provided and
understood,
may work independently on specific task areas.
Supervision given:
may supervise other Employees within a work area,
may work in a team requiring co-ordination of Employees and tasks.
ORGANISATIONAL KNOWLEDGE, RELATIONSHIPS AND IMPACT
Perform tasks/assignments which may:
involve providing advice or information which may influence the actions of others or outcomes
of work areas/projects,
involve negotiating and liaising with a range of people, working towards agreed outcomes,
involve providing guidance and advice to resolve work-related problems, taking into
consideration the needs of people, the objectives of the work area/project and University
policies,
involve co-ordinating the activities of a range of Employees, including those of a more senior
level to contribute to a project,
involve demonstrating a sound knowledge of the role and function of immediate work area and
an awareness of the role of other work units,
require proficiency in the project task or work area's rules, regulations, processes and
techniques, and how they interact with other related functions/objectives of project.
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LEVEL 5
TRAINING LEVEL DESCRIPTOR
Level 5 duties typically require a skill level which assumes and requires knowledge or training equivalent
to:
completion of a degree; or
completion of a diploma qualification and subsequent relevant work experience; or completion
of a Certificate IV or post-trades certificate and extensive relevant work
experience; or
an equivalent combination of relevant experience, and/or education/ training.
TASK LEVEL DESCRIPTOR
Tasks at this level are likely to be of a more varied and complex nature. The following skills may be
required:
knowledge of theoretical principles, procedures and techniques, as applied to a range of
common or predicted circumstances,
ability to apply some specialist knowledge or technical expertise,
ability to manage a range of functions within a particular functional area, ability to coordinate
and manage a small functional team,
ability to meet organisational goals,
ability to develop task methodologies or procedures within policy guidelines,
ability to analyse and research, provide interpretation, specialist advice and decisions on rules
and entitlements or technical tasks or systems,
practical demonstration to Employees/students specialist knowledge or technical expertise.
JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING
At this level it is expected that Employees will have the ability to:
demonstrate analytical and problem-solving skills within more complex rules and guidelines or
technical situations,
draw conclusions and provide recommendations to senior Employees on complex issues,
provide information for planning and review of work area/project,
make regular operational decisions, such as provision of services/resources to other work areas
or projects,
utilise initiative in immediate work area/project,
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demonstrate knowledge of organisation and management techniques.
LEVEL OF SUPERVISION
Positions at this level are generally responsible for work outcomes within standard practices and
respond to specific directions related to objectives and broad work unit priorities.
Supervision received:
General direction-
procedural direction may be necessary in the absence of detailed knowledge of procedures and
policies, and techniques such as at graduate entry,
direction is limited when defined policy or guidelines are available,
direction should be sought in situations which require clarification of policy outcomes and
complex problems,
direction should be provided to establish clear objectives and goals.
Supervision given:
supervision of others may be required,
co-ordinate activities and Employees and allocate tasks in a team.
ORGANISATIONAL KNOWLEDGE, RELATIONSHIPS AND IMPACT
Perform tasks/assignments which may:
involve providing detailed advice/information/solutions to problems in the context of complex
but standard circumstances,
involve liaising and negotiating on a range of activities/issues and assess impact on others and
work area or monitoring of project milestones/objectives,
involve demonstrating an understanding of the role of the work area and its function within the
broader organisation,
involve demonstrating an understanding of a range of policies,
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.
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LEVEL 6
TRAINING LEVEL DESCRIPTOR
Level 6 duties typically require a skill level which assumes and requires knowledge or training equivalent
to:
a degree with 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.
TASK LEVEL DESCRIPTOR
Tasks at this level are likely to require interpretation, of precedent, policy and professional standards.
This may include:
application of knowledge of theoretical principles, procedures and techniques, as applied to
either predicted or irregular circumstances,
latitude to develop or redefine procedures,
application of significant specialist knowledge or technical expertise, developing and
establishing protocols to enable new procedures,
responsibility for analysis, support, maintenance and some development of system functionality,
management of specialised teams, equipment and facilities or some front-line management of
functional teams or day-to-day running of projects.
JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING
At this level it is expected that Employees will have the ability to:
solve both common and unusual problems,
identify responses to new or unique circumstances/technical problems for consideration by
others, including making recommendations to senior Employees,
apply theoretical or technical expertise to design, review, develop or test complex equipment,
systems or procedures,
make operational decisions such as provision of services/resources to other work
areas/projects,
exercise high level diagnostic, analytic and reporting skills,
apply discretion to innovate within own functional area taking responsibility for outcomes.
LEVEL OF SUPERVISION
Supervision received: General direction.
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Supervision given:
may have extensive supervisory responsibility for Employees performing a set of related functions,
may have some line management responsibility for Employees performing a set of related functions.
ORGANISATIONAL KNOWLEDGE, RELATIONSHIPS AND IMPACT
Perform tasks/assignments which may:
involve providing authoritative advice in recurring but unusual circumstances,
involve providing advice/information, including interpretation, which would normally have a
substantial influence at the individual or work group level,
involve adapting procedures and techniques as required to achieve objectives,
involve introducing change in the functional area, liaising/negotiating with other areas where
necessary, and demonstrating an awareness of the impact of outcomes on the broader
organisation,
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
or project outcomes,
involve providing leadership and guidance in the operational planning of technical, research,
administrative activities for centres/schools/faculties.
133
LEVEL 7
TRAINING LEVEL DESCRIPTOR
Level 7 duties typically require a skill level which assumes and requires knowledge or training equivalent
to:
a degree with substantial relevant experience; or
extensive relevant experience and management expertise; or
an equivalent combination of relevant experience and/or education/training.
TASK LEVEL DESCRIPTOR
Tasks at this level are likely to require considerable interpretation, enhancement or development of
procedures/policies. This may include:
application of substantial theoretical or technical knowledge and experience,
recognition as an authority in a specialised area of theoretical, policy operational or technical
complexity,
responsibility for design and development of system modules,
development of new or enhanced services/programs, management and leadership of work
units, project teams.
JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING
At this level it is expected that Employees will have the ability to:
solve new or unique problems or analyse situations/complex technical problems and provide
solutions,
be responsible for independently monitoring, reviewing and developing procedures in own
functional area/work area/project team,
cross organisational, functional or specialist boundaries to co-ordinate actions and propose
initiatives,
focus on objectives rather than procedures and precedents,
interpret policy which has an impact beyond the immediate functional area,
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 standalone
work or the supervision of others in order to achieve objectives.
LEVEL OF SUPERVISION
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Supervision received:
General direction to broad direction.
Supervision given:
Positions at this level frequently take a leading role in creating and maintaining a high level of teamwork
and co-operation within the work unit. Participation in multi-disciplinary teams is common.
may have considerable management responsibility for Employees performing a related set of functions,
usually with distinct areas of expertise,
management at this level includes the allocation of responsibilities, review of performance and
establishment of program procedures and priorities,
provide advice to Employees at higher levels on program objectives, organisational structures, budget
expenditure.
ORGANISATIONAL KNOWLEDGE, RELATIONSHIPS AND IMPACT
Perform tasks which may involve:
demonstrating a detailed knowledge of the interrelationships between a range of diverse policies
and activities,
developing strategies which co-ordinate the interests of separate units to achieve shared
outcomes,
developing and enhancing system modules impacting across broad areas compliant with quality
controls and within existing guidelines,
providing substantial and authoritative technical advice across a broad range of technical areas
or in a key area of specialisation,
sharing some accountability for the decisions taken, without normally being responsible for final
authorisation,
negotiating solutions where a range of interests must be accommodated.
135
LEVEL 8
TRAINING LEVEL DESCRIPTOR
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
a range of management expertise or substantial technical expertise; or
an equivalent combination of relevant experience and/or education/training.
TASK LEVEL DESCRIPTOR
Tasks at this level are likely to require integration of substantial theoretical and technical knowledge of
a number of functional areas to facilitate one or more of the following:
management of significant programs,
development and implementation of policies, programs, initiatives or systems,
development of new ways of using or integrating specific bodies of knowledge, management of
a broad range of resources,
responsible for high level systems, systems analysis and business analysis and for leading,
managing, administering significant university systems.
JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING
At this level it is expected that Employees will have the ability to:
develop and implement programs, priorities, policies and procedures within given role
objectives,
lead the design, development and implementation of solutions to complex technical
problems/new systems/significant projects,
have some latitude in the initial definition of role objectives/ services/projects,
set objectives across a range of functional areas, taking account of planning directions, commit
the University to significant budget expenditure or to a public policy stance, subject to formal
authorisation, and
provide strategic support and advice (e.g., to schools or faculties) requiring integration of a
range of university policies, external requirements or expert specialist knowledge, and an ability
to achieve objectives operating within complex organisational structures.
LEVEL OF SUPERVISION
Supervision received: Broad direction.
Supervision given:
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may advise on and have substantial influence over the establishment of priorities, programs,
organisational structures and budget for a major functional area,
will have scope to reset priorities and resources within overall program objectives,
may have considerable management responsibility for Employees working across a range of
functions.
ORGANISATIONAL KNOWLEDGE, RELATIONSHIPS AND IMPACT
Responsibilities at this level may require a thorough knowledge of University wide policies; the external
environment (e.g. government legislation, codes, guidelines and requirements); and/or diverse
research/technical and teaching activities.
Perform tasks which may involve:
playing a leading role in developing policies and co-ordinating the interests and activities of
several functional areas,
providing expert advice which may impact on: a broad range of functional areas; or a specialist
technical area that has a broad impact across the university; or complex technical support and
solutions to significant functions of the university or projects,
implementing programmes or functions which may impact upon other areas of the University.
137
LEVEL 9
TRAINING LEVEL DESCRIPTOR
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 management expertise/substantial technical expertise;
or
an equivalent combination of relevant experience and/or education/ training.
TASK LEVEL DESCRIPTOR
Tasks at this level require Employees to conceptualise, develop and review major professional,
specialist, management or administrative policies/projects at the senior management level. Significant
high level creative, planning, theoretical knowledge and management functions. Responsibility for
significant resources.
JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING
At this level it is expected that Employees will have the ability to:
commit the University to significant budget expenditure or to a public policy stance,
be responsible for significant program/project development and implementation and complex
problem solving involving and impacting upon key interests across the whole University,
be involved in the initial definition of role objectives, program/project development or
implementation responsibilities,
achieve broad objectives whilst operating within complex organisational structures, provide
strategic support and substantial technical expertise/advice (e.g. to schools or faculties) at the
senior management level, requiring integration of a range of internal and external policies and
demands or special technologies.
LEVEL OF SUPERVISION
Broad to open direction or broad direction with substantial management responsibilities.
ORGANISATIONAL KNOWLEDGE, RELATIONSHIPS AND IMPACT
Perform tasks which may involve:
being responsible for proposing and implementing programs/projects involving major change
which may impact on other areas of the institution's operations,
high level liaison with internal and/or external client areas, including framing the relevant internal
consultation and negotiation strategies,
conceptualising, developing and reviewing major policies, objectives and strategies involving
high level liaison with internal and/or external client areas.
138
LEVEL 10
TRAINING LEVEL DESCRIPTOR
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; in addition
to, in some areas,
postgraduate qualifications and extensive relevant experience; or
an equivalent combination of relevant experience and/or education/ training.
TASK LEVEL DESCRIPTOR
Tasks at this level are likely to require Employees to conceptualise, develop, review and be accountable
for the operation of major professional, management, specialist or administrative policies/projects at the
corporate level. Significant and high-level creative planning, programme and managerial functions and
highly developed analytical skills with clear accountability for programme performance. Responsible for
significant resources. Generate and use a high level of theoretical and applied knowledge. Responsible
for providing strategic technical leadership to senior managers for major university projects.
JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING
At this level it is expected that Employees will have the ability to be responsible and accountable for the
achievement of significant organisational objectives and programs/complex and significant technical
issues. Responsible and accountable for setting and reviewing longer term performance criteria and
objectives. Responsibility for approving and committing substantial budget expenditure within the
parameters of the University's financial delegations.
LEVEL OF SUPERVISION
Open direction.
ORGANISATIONAL KNOWLEDGE, RELATIONSHIPS AND IMPACT
Perform tasks which may involve responsibility for approving the development or significant amendment
of policies/programs/projects which impact across the University.
Communicate a vision of significant, broad policies/programs/projects that impact across the University
Authorise significant expenditure and commit the University to significant contractual obligations, taking
into account the University's Delegations of Authority.
Signed for and on behalf of:
University of New England
EE
AO. )2-EF
nature [ Date 7
Professor Chris Moran
Vice-Chancellor & CEO
| University of New England |
Full Name Authority to Sign
Address: University of New England, Elm Avenue, Armidale, NSW, 2351
Signed in the presenceof:
~
Bex 20-12-2024,
Signature of witness Date
UsA Boee
Full Name
139
Signed for and on behalf of: University of New England 20.12.24 Signature Date 1 7 Professor Chris Moran Vice-Chancellor & CEO - University of New England Full Name Authority to Sign Address: University of New England, Elm Avenue, Armidale, NSW, 2351 Signed in the presence of: B 20.12.2024 Signature of witness Date LISA BURR Full Name 139
Signed for and on behalf of: Community and Public Sector Union 19 December 2024 Signature Date Troy wright Branch Assistant Secretary Full Name Authority to Sign 160 Clarence Street Sydney Address: Signed in the presence of: 19/12/24 Signature of witness Date LISA NELSON. Full Name 140
141
Signed for and on behalf of:
National Tertiary Education Industry Union
__________________ __________________
Signature Date
__________________ __________________
Full Name Authority to Sign
Address: ___________________________________________________________
Signed in the presence of:
__________________ __________________
Signature of witness Date
__________________
Full Name
20/12/2024
Damien Cahill General Secretary
1/120 Clarendon Street, South Melbourne VIC 3205
20/12/2024
Renee Veal
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2024/5187
Applicant:
University of New England
Section 185 — Application for approval of a single enterprise agreement
Undertaking — Section 190
|, Professor Chris Moran, Vice Chancellor and Chief Executive Officer have the authority
given to me by University of New England to give the following undertakings with respect to
the UNE Professional Staff Enterprise Agreement 2023 - 2026 ("the Agreement"):
1. For the purposes of the National Employment Standards, a shift worker is as
defined by clause 2 of the Higher Education Industry-General Staff-Award 2020
(Award)
2. University of New England will pay employeesin the following positions at least
the base rate of pay to which they are entitled under the Award:
a. adult building trades apprentices;
b. adult electrical trades apprentice;
C. adult metal and engineering trades apprentices;
d. waiting apprentices.
3. University of New England will conduct a reconciliation, at monthly intervals, to
establish whether the total wages of PACCT employees who workedoutside the
span of 8am to 6pm Mondayto Friday on at least four occasions in the month in
question wereless than or equal to the total wages to which the employee would
have been entitled under the Award. Where the reconciliation establishes that the
employee was paid the same asor less under the Agreement than they would
have beenentitled under the Award for performing the same work, the employee
will be paid in the following pay period the difference between the wages payable
under the Award and the wages paid under the Agreement over the previous
month, plus 1% of the difference.
4. Casual employees will be paid the relevant overtime rate for all hours worked
outside the relevant span of hours contained in clause 15.1 of the Agreement, or
beyond 35 hours per week.
5. University of New England will conduct a reconciliation, at monthly intervals, to
establish whether the total remuneration under the Agreement of employees
entitled to the following allowances wasless than or equalto the total remuneration
to which the employee would have beenentitled under the Award:
a. Cold work;
b. Hot work—46°C to 54°C;
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2024/5187 Applicant: University of New England Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Professor Chris Moran, Vice Chancellor and Chief Executive Officer have the authority given to me by University of New England to give the following undertakings with respect to the UNE Professional Staff Enterprise Agreement 2023 - 2026 ("the Agreement"): 1. For the purposes of the National Employment Standards, a shift worker is as defined by clause 2 of the Higher Education Industry-General Staff-Award 2020 (Award) 2. University of New England will pay employees in the following positions at least the base rate of pay to which they are entitled under the Award: a. adult building trades apprentices; b. adult electrical trades apprentice; C. adult metal and engineering trades apprentices; d. waiting apprentices. 3. University of New England will conduct a reconciliation, at monthly intervals, to establish whether the total wages of PACCT employees who worked outside the span of 8am to 6pm Monday to Friday on at least four occasions in the month in question were less than or equal to the total wages to which the employee would have been entitled under the Award. Where the reconciliation establishes that the employee was paid the same as or less under the Agreement than they would have been entitled under the Award for performing the same work, the employee will be paid in the following pay period the difference between the wages payable under the Award and the wages paid under the Agreement over the previous month, plus 1% of the difference. 4. Casual employees will be paid the relevant overtime rate for all hours worked outside the relevant span of hours contained in clause 15.1 of the Agreement, or beyond 35 hours per week. 5. University of New England will conduct a reconciliation, at monthly intervals, to establish whether the total remuneration under the Agreement of employees entitled to the following allowances was less than or equal to the total remuneration to which the employee would have been entitled under the Award: a. Cold work; b. Hot work-46℃ to 54℃;
Hot work—54°C and over;
Wet work;
Height;
Confined spaces;
Boiler repairs—base;
Boiler repairs—if inside;
Insulation materials;
Toxic substances;
Dirty work;
Asbestos;
Bitumen work;
Coloured mortar;
Second hand timber;
Explosive powertools;
Grindstone;
Sleepoverallowance;
Computing quantities;
Certificate.
Where the reconciliation establishes that the employee was paid the same as or
less under the Agreement than they would have been entitled under the Award for
performing the same work, the employeewill be paid in the following pay period
the difference between the wages payable under the Award and the wagespaid
under the Agreement over the previous month, plus 1%of the difference.
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University of New England will provide reconciliation reports to the Joint
Consultative Committee in accordance with clause 6.6 of the Agreementin relation
to the reconciliations conducted in accordance with undertakings 3 and 5 above.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
2
Signature
24¢-A- dons
Date
C. Hot work-54℃ and over; d. Wet work; e. Height; f. Confined spaces; g. Boiler repairs-base; h. Boiler repairs-if inside; i. Insulation materials; j. Toxic substances; k. Dirty work; 1. Asbestos; m. Bitumen work; n. Coloured mortar; 0. Second hand timber; p. Explosive power tools; q. Grindstone; r. Sleepover allowance; S. Computing quantities; t. Certificate. Where the reconciliation establishes that the employee was paid the same as or less under the Agreement than they would have been entitled under the Award for performing the same work, the employee will be paid in the following pay period the difference between the wages payable under the Award and the wages paid under the Agreement over the previous month, plus 1% of the difference. 6. University of New England will provide reconciliation reports to the Joint Consultative Committee in accordance with clause 6.6 of the Agreement in relation to the reconciliations conducted in accordance with undertakings 3 and 5 above. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 27-2-2025 Date
