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Fair Work Act 2009
s.185—Enterprise agreement
The University of New England
(AG2024/5189)
UNE ACADEMIC AND ENGLISH LANGUAGE TEACHING STAFF
ENTERPRISE AGREEMENT 2024-2026
Educational services
DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 28 FEBRUARY 2025
Application for approval of the UNE Academic and English Language Teaching Staff
Enterprise Agreement 2024-2026
[1] An application has been made for approval of an enterprise agreement known as the
UNE Academic and English Language Teaching Staff Enterprise Agreement 2024-2026
(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.
[2025] FWCA 777
DECISION
AUSTRALIA FairWork Commission
[2025] FWCA 777
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[7] The National Tertiary Education Industry Union, being a bargaining representative for
the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to
cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the National
Tertiary Education Industry Union.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE528217 PR784857
THE FAIR WORK 4 COMMISSION OF AUSTRALI SSION THE SEAY
[2025] FWCA 777
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Annexure A
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2024/5189 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 Academic Staff Enterprise Agreement 2023 - 2026 ("the Agreement"): 1. A medically qualified full-time teaching and research academic employed in a full clinical department in a medical school and responsible for patient care at Level B will be paid at least the following rate of pay: Classification Salary Level B - Base $110,379.00 Level B - B+1 $112,770.00 2. Employees engaged as Tutors or Instructors in the English Language Centre will be engaged for a minimum of two hours on each occasion. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 21-2-2025 Date
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PART 1- COVERAGE AND TERM OF AGREEMENT ........................................................................... 4
1. Coverage ................................................................................................................................... 4
2. Duration of the Agreement ...................................................................................................... 5
3. Operation of the Agreement .................................................................................................... 6
4. Definitions ................................................................................................................................. 7
5. Principles of the Agreement .................................................................................................. 10
6. Joint Consultative Committee ............................................................................................... 12
PART 2 - WORKING ARRANGEMENTS .............................................................................................. 13
7. Terms and Categories of Employment ................................................................................. 13
8. Continuing Employment ........................................................................................................ 14
9. Fixed-Term Employment........................................................................................................ 15
10. Continuing Contingent Funded Employment ...................................................................... 20
11. Casual Employment ............................................................................................................... 22
12. Probation ................................................................................................................................. 29
13. Aboriginal and Torres Strait Islander Employment ............................................................ 31
14. Family and Flexible Working Arrangements ....................................................................... 32
15. Academic Workload ............................................................................................................... 35
16. Primary and Alternative Work Location ............................................................................... 42
17. Paid Outside Work .................................................................................................................. 46
18. Agreement Flexibility ............................................................................................................. 47
PART 3 - SALARY AND CLASSIFICATION ......................................................................................... 49
19. Salaries .................................................................................................................................... 49
20. Superannuation ...................................................................................................................... 50
21. Salary Packaging .................................................................................................................... 51
22. Classifications ........................................................................................................................ 52
PART 4- ENGLISH LANGUAGE TEACHER SPECIFIC MATTERS..................................................... 53
23. Classifications and Categories ............................................................................................. 53
24. Role Descriptors ..................................................................................................................... 54
25. Duties and Time Allocation ................................................................................................... 55
26. Higher Duties Allowance ....................................................................................................... 57
FlyJ
Draft
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27. Teaching Load ........................................................................................................................ 58
28. ELC Professional Development ............................................................................................ 59
PART 5. - LEAVE .................................................................................................................................. 60
29. Annual Leave .......................................................................................................................... 60
30. Long Service Leave ................................................................................................................ 62
31. Personal Leave ....................................................................................................................... 65
32. Parental leave ......................................................................................................................... 69
33. Jury and Witness Leave......................................................................................................... 76
34. Family and Domestic Violence Leave .................................................................................. 77
35. Gender Affirmation Leave ..................................................................................................... 79
36. Public Holidays ....................................................................................................................... 81
37. Close Down ............................................................................................................................. 82
PART 6 - WORKPLACE CHANGE ....................................................................................................... 83
38. Workplace Change ................................................................................................................. 83
39. Transfer ................................................................................................................................... 91
40. Redundancy ............................................................................................................................ 92
PART 7- PERFORMANCE DEVELOPMENT, REVIEW AND PROMOTION ....................................... 94
41. Performance, Planning, Development and Review (PPDR) Program ............................... 94
42. Incremental Progression ....................................................................................................... 97
43. Academic Promotion.............................................................................................................. 98
44. Special Studies Program ..................................................................................................... 101
PART 8 - PERFORMANCE, DISCIPLINE AND TERMINATION OF EMPLOYMENT ........................ 102
45. Unsatisfactory Performance ............................................................................................... 102
46. Misconduct and Serious Misconduct ................................................................................. 109
47. Resignation ........................................................................................................................... 117
48. Termination of Employment ................................................................................................ 118
49. Medical Retirement ............................................................................................................... 119
PART 9 - DISPUTES AND GRIEVANCES ......................................................................................... 122
50. Grievance Resolution........................................................................................................... 122
51. Dispute Resolution ............................................................................................................... 129
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PART 10 - MISCELLANEOUS ............................................................................................................ 131
52. Intellectual Freedom ............................................................................................................. 131
53. Union Matters ........................................................................................................................ 132
54. Delegates’ Rights ................................................................................................................. 135
55. Childcare Facility .................................................................................................................. 139
56. Right to Disconnect .............................................................................................................. 140
SCHEDULE A- SALARY RATES- FULL TIME ACADEMIC STAFF ................................................... 141
SCHEDULE B - SALARY RATES - CASUAL ACADEMIC STAFF ..................................................... 142
SCHEDULE C- SALARY RATES- ELC TEACHING STAFF .............................................................. 150
SCHEDULE D - ALLOWANCES ......................................................................................................... 153
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PART 1- COVERAGE AND TERM OF AGREEMENT
1. Coverage
1.1 This Agreement will be known as the UNE Academic and English Language Teaching Staff
Enterprise Agreement 2024-2026 (the 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 F, G and
Part 4 of this Agreement (Employees); and
(c) 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 Academic and ELC Teaching Staff Collective
Agreement 2020-2022 and operates to the exclusion of any modern award or other industrial
instrument.
3.2 This Agreement wholly displaces and operates to the exclusion of all Awards and all other
agreements that would otherwise apply to Employees and will be read and interpreted in
conjunction with the NES. 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 Academic and English Language Teaching Staff Enterprise Agreement
2020-2022.
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 its approval by the Fair Work Commission.
Confirmation Period is defined in clause 12.3(b).
Continuing employment is defined in clause 8.1.
Continuing Contingent employment is defined in clause 8.2.
Displaced Employee means an Employee whose position has been identified as surplus to
requirements in an organisational change.
Early Career Academic is defined in clause 12.2 for the purpose of clause 12.
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.
ELC means English Language Centre.
ELICOS means English Language Intensive Courses for Overseas Students.
Employee/s means the Employees referred to in clause 1.2(b) of this Agreement.
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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.
FWC means the Fair Work Commission.
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. Mandatory
People and Culture includes any successor to that directorate.
Merit Selection is defined in the Staff Recruitment Rule.
NEAS means National ELICOS Accreditation Scheme.
NES means the National Employment Standards within the meaning of the Fair Work Act.
NTEU means the National Tertiary Education Industry Union.
Part-Time employment is defined in clause 8.3.
PPDR means Performance, Planning, Development and Review.
Probation Period is defined in clause 12.3.
Representative means a member of the Union or other person who is not currently a practicing solicitor
or barrister in private practice.
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.
UNE and University mean the University of New England.
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Union means the National Tertiary Education Industry Union.
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 all forms 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 50Grievance Resolution. 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) protection and promotion of intellectual freedom within the University where Employees
are able to:
(i) participate in public debates relating to decision making processes and express
opinions about issues and ideas related to their discipline area or areas of
professional expertise and about higher education issues more generally;
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(ii) express opinions or comment 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;
(iii) pursue critical and open academic inquiry and to freely discuss, publish and
research;
(iv) express unpopular or controversial views which do not defame, harass, vilify or
intimidate; and
(v) participate in professional and representative bodies, including Unions, and
engage in community service without harassment, intimidation or unfair
treatment.
(e) 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;
(f) 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
(g) 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 A 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. 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 NTEU members; and
(b) 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;
(d) for any Employee subject to probationary employment, the length and terms of the
probation; and
(e) 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 types of employment
in accordance with clauses 8 to 11.
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8. Continuing Employment
Definitions
8.1 Continuing employment means all employment other than "fixed-term", or "casual". 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, 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). Other than for Research Only Academics, the
University will engage an Employee on a Fixed-Term contract for a minimum of 19 weeks. During
the term of employment, the staff member's employment is not terminable, by the University,
other than for Serious Misconduct, Unsatisfactory Performance or within the probationary period
(clause 12) 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
9.2 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) Specific task or project means:
(i) a definable work activity which has a starting time and which is expected to be
completed within an anticipated timeframe; 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.
(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 (including study leave) or is temporarily seconded away from (or
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performing work or duties other than) their usual work area or duties, 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
(B) a position the normal occupant of which is performing higher duties
pending the outcome of recruitment action for that 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) Early Career Academic Position (ECAP) means positions designed to attract talented
Early Career Academics from the University's own cohort of postgraduate students and
casual academic Employees and from elsewhere where appropriate. Such an
appointment would be for a period of 2 years. Eligibility to apply for ECAPs will be
restricted to applicant Employees who have:
(i) been awarded a PhD (or Professional Doctorate) over the last five years; or
(ii) been active candidates in their final year and have made satisfactory progress
toward completion of their PhD (or Professional Doctorate) during the preceding
2 years and performed regular casual teaching/research work for at least 5
years.
(e) Recent professional practice required is 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.
(f) Pre-retirement contract is 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.
(g) Fixed-term contract employment subsidiary to studentship is 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
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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.
Further Employment
9.3 The University will discuss, and the supervisor will advise fixed-term Employees about the
impending agreed end of their employment, and this will normally be no later than 4 weeks
before the end of their contract.
9.4 Where the University has decided to continue the position of a current Fixed-Term Employee
with the same or similar duties and at the same classification level, the incumbent Employee will
be offered a further contract, subject to having been 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
9.5 The University will not take any action to avoid an obligation under this clause.
9.6 A Fixed-Term Employee may apply for 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 been engaged for a minimum period of 18 months; and
the Employee has performed satisfactorily in that position.
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9.7 The University will not be required to offer conversion where it can demonstrate that there is no
ongoing requirement for the duties that have been undertaken in that position nor in a
substantially similar position.
9.8 If the University declines conversion in accordance with clause 10, it may at its discretion offer
an appointment to Continuing Contingent Employment.
9.9 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
9.10 Where a Fixed-Term Employee employed on a contract for a Specific Task or Project, Research,
ELC Teachers Continuing Contingent, (within the meaning of clause 9.2) seeks to continue their
employment, but whose contract of employment is not renewed 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 those duties are no longer
required by the University; or
(b) the Employee is employed on a Fixed-Term contract and the duties of the kind performed
in relation to work 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
9.11 Where an Employee refuses an offer of further employment, there will be no entitlement to
severance pay in clause 9.10.
9.12 Where the University informs an Employee in writing that further employment will be offered
within 6 weeks of the expiry of a period of Fixed-Term employment, then the University may
defer payment of severance benefits until the end of the further employment.
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9.13 Where an Employee receives a severance payment and is offered a subsequent contract 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 clauses 40 and 48
that apply to staff employed on a continuing contract of employment;
(b) The provisions of clause 50 (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.
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(e) At the end of the notice period (the employment relationship will cease and payment in
accordance with clause 9.10 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 they 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
(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, or 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 either by the hour and paid on an hourly basis;
or by the session and paid a rate that includes a specified amount of delivery time and a specified
amount of preparation time in accordance with Schedule B. In both cases, the rates include a
25% loading related to benefits for which a casual employee is not eligible, including forms of
paid leave, loadings, paid public holidays, notice of termination and redundancy/severance
benefits. Casual employees are entitled to paid long service leave (at Clause 30.3), unpaid
personal and family leave (at Clause 31.18) and unpaid parental leave in. this agreement (at
Clause 32.5), any paid parental leave the employee may be eligible for under legislation and
any recognition of service provisions in the Fair Work Act 2009.
11.2 Casual Employees will be paid for all hours worked as directed by their supervisor, including
marking. A Casual Employee will be engaged and paid for at least 2 hours of work on each
occasion they are required to attend work by the University, inclusive of any incorporated time
and payment for preparation or associated working time provided for in Schedule B.
11.3 Supervisors will encourage relevant casual staff to attend appropriate meetings of their work
units. Attendance at all relevant meetings will be remunerated in accordance with the casual
rates provided for Other Required Academic Activity.
11.4 Casual academics:
(a) will not be responsible for the employment or supervision (in terms of performance
management or discipline) of other staff; and
(b) should not have primary responsibility for the development of teaching and learning
materials.
11.5 Nothing in this Agreement prevents an Employee engaging in additional work as a Casual
Employee at the University in work unrelated to, or identifiably separate from, the Employee's
normal duties and hours of work, provided that prior approval is obtained from the casual
Employee's existing supervisor. Approval will not be unreasonably withheld. The provisions of
this Agreement to not work excessive hours should also be considered by Employees and
supervisors if engaging in additional casual work.
11.6 The University and the NTEU recognise that casual employment is not an appropriate
employment mode in all circumstances and is not a substitute for fixed term or continuing
employment. The University does not intend to use casual employment in circumstances which
require significant numbers of hours per week for the conduct of long term regular and
systematic work.
23
Professional development
11.7 Casual Employees who are engaged and perform work over a period of 13 weeks 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. 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. A Casual
Employee on multiple simultaneous engagements can only claim payment for professional
development once in every 12-month period.
Other casual employee entitlements
11.8 Casual Employees who obtain Continuing employment with the University immediately after a
Casual appointment (that is within 4 weeks of the last paid casual service, excluding casual
appointments solely to perform marking) at the same academic level as their casual work will be
appointed at no less than the relevant increment step immediately prior to appointment, as long
as they have performed 12 months paid service at that particular incremental step.
11.9 Casual Employees will, as appropriate and necessary, be provided with access to the following
resources and facilities a telephone, computer, an email account, a work desk and a library card.
11.10 Casual Employees will be eligible to apply for internally advertised University positions.
11.11 Where the University has a new or vacant position at classification Levels A or Band there are
existing Casual Employees at those level/s within the School, advertising of the position will be
limited in the first instance. Such positions will be advertised as an expression of interest, open
only to Employees who have been employed casually within the previous 12-month period.
Normal Merit Selection processes will apply and a successful candidate must meet all of the
advertised essential selection criteria. Where an appointment is not made following this process,
the position may then be advertised more broadly.
11.12 Notwithstanding the above, where it can be demonstrated that an eligible candidate is not
available within the School, the external advertising of a new or vacant position may occur
immediately.
Casual Employee Induction
11.13 All Casual Employees will be paid up to 3 hours at the Other Required Academic Activity rate
for the purpose of completing induction to the University. A Casual Employee will be expected
to complete re-induction once in every two-year period and will receive payment for this time
subject to demonstrating that induction has been completed.
24
11.14 Where the University directs a Casual Employee to undertake further mandatory training
required to perform the role in addition to the induction in clause 11.13, the Employee will be
paid at the Other Required Academic Activity rate.
11.15 A Casual Employee on multiple simultaneous engagements will only be paid for a single
induction once in every two-year period.
Decasualising Academic Employment
11.16 The University and NTEU share aspirations to:
(a) enhance access to more secure employment and career pathways for casual academic
staff; and
(b) reduce the University’s reliance on the work of casual academic staff.
Transitioning Casual Work to Ongoing Work
11.17 The University will create 14 Full Time Equivalent (FTE) new ongoing academic positions, at
least 4 in each faculty, by 30 June 2026 as follows:
(a) 6 positions by no later than 30 June 2025; and
(b) 14 positions by no later than 30 June 2026.
11.18 In addition to subclause 11.17, a maximum of a further 12 FTE new ongoing academic positions
may be created. A position will be created under this clause where, within the relevant
organisational unit (e.g. discipline, department, cluster), there is a pattern of excess casual
academic teaching and teaching related hours being performed, such hours being 1,035 hours
per annum or more over six trimesters. Excess hours can include casual academic teaching and
teaching related hours performed in 2023. The University will not take any action, or refrain from
acting, to avoid any obligation under this clause.
11.19 As regards subclause 11.18, the University will not be required to create a position where it
demonstrates that there is no reasonable future need for ongoing academic teaching work.
11.20 Positions appointed in accordance with this clause will be offered as ongoing employment at 1.0
FTE. A lesser fraction may be approved if an appointee requests it and provided such fraction
is not less than 0.4FTE.
11.21 Appointment to positions in accordance with this clause (other than those created by conversion
in accordance with subclause 11.31 below) will be on merit. Applicants must:
25
(a) have been awarded or have submitted a PhD in the discipline they are seeking to be
employed in (other than in circumstances where a PhD is not normally required for
appointment, in which case they will be required to demonstrate an equivalent
combination of qualifications and experience that demonstrates suitability to undertake
the duties of the position); and
(b) have casual teaching experience in the discipline they are seeking to be employed in
totalling at least two teaching sessions in an Australian higher education institution in the
previous two years; and
(c) not have held an ongoing academic position in a university in the previous three years.
11.22 Notwithstanding clause 11.20, the University may, at its discretion, accept an application from
an applicant who does not satisfy the requirements due to parental leave or other personal
reasons, or who is not a recent PhD graduate and has insufficient experience, if they otherwise
satisfy the requirements and are suitably qualified to perform the position for which they have
applied.
11.23 To ensure equitable opportunities for existing casual academic staff, all roles in accordance with
clause 11.17 (other than those created by conversion in accordance with subclause 11.34
below) will:
(a) be internally advertised at first instance; and
(b) ensure internal advertisements remain open for at least 10 business days; and
(c) ensure selection panels assess internal applicants and interview potentially suitable
candidates; and
(d) appoint qualified suitable internal applicants.
11.24 Where no internal applicant is suitable to be appointed to the position, the University may
advertise roles created in accordance with clause 11.17 externally.
11.25 Where no applicant is suitable to be appointed to a position following external advertising who
satisfy the criteria, the University may appoint applicants who otherwise demonstrate they meet
the requirements of the position.
11.26 To assess academic suitability, a person who is appointed to a position created in accordance
with clause 11.17 may be subject to a probationary period under clause 12.
11.27 Employees appointed to positions created in accordance with clause 11.17 will:
26
(a) incrementally progress; and
(b) be entitled to apply for and be promoted in accordance with the Agreement and
university policy.
11.28 Each academic position appointed to positions created in accordance with clause 11.17 will
primarily perform teaching work that was previously performed by casual staff.
11.29 The University will report annually to the Joint Consultative Committee on:
(a) the total number of full time equivalent positions (and headcount) established and
appointed to positions created in accordance with clauses 11.17 and 11.18 in the
previous 12 months, the disciplines in which they were established and their workload
role type;
(b) the total number of full time equivalent positions (and headcount) appointed to positions
created in accordance with clauses 11.17 and 11.18, the disciplines in which they were
established and the workload role type; and
(c) the FTE number variation in the volume of academic casual work performed over the
previous 12 months and over the life of the Agreement.
Conversion to Continuing Employment
11.30 An Employee must not be engaged and re-engaged nor have their hours reduced in order to
avoid any obligation under any conversion provisions of this Agreement.
11.31 Upon appointment, the University will advise a casual Employee in writing that, after serving
qualifying periods, they may have a right to apply for conversion.
11.32 The University will take reasonable steps to inform casual Employees of the conversion
provisions of this Agreement every six (6) months from the date of this Agreement taking effect.
11.33 The University acknowledges its obligations under the National Employment Standards (NES)
in respect of casual conversion for eligible Employees; and the rights of Employees to request
casual conversion in accordance with the NES.
11.34 To be eligible to apply for conversion under this Agreement, 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 equal at least 0.3FTE fraction; or
27
(b) over the immediately preceding period of at least 24 months.
11.35 For the purposes of these provisions, occasional and short-term work performed by a casual
employee in another classification, job or department will not:
(a) affect an employee’s eligibility for conversion; or
(b) be included in determining whether an Employee meets or does not meet the eligibility
requirements.
11.36 The University will not unreasonably refuse an application for conversion. However, it may refuse
an application on reasonable grounds, which will be limited to the following:
(a) the employee is a student, or has recently been a student, other than where their 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 another employee within 26 weeks (from the date of application);
(d) the employee has primary employment with the University or another employer;
(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.
Outcome of Application
11.37 An Employee will be notified in writing if their application has been approved or refused within 6
weeks of the application being submitted to People and Culture. If there is any delay in the
decision-making process, the employee will be notified and advised of the anticipated date of
the decision.
11.38 Where an application for conversion is approved the employee will be provided with a new
employment contract for a continuing or fixed term appointment.
11.39 Where an application for conversion is refused, the notification will include the reasons for
refusal.
11.40 Regular and systematic service that is the basis for conversion will count as service for the
purpose of calculating any entitlements relating to paid parental leave, notice of termination and
separation payments.
28
11.41 Employees converted under this clause will not have their casual service count as service for
the purpose of calculating entitlements except for:
(a) long service leave; and
(b) parental leave; and
(c) in accordance with the Fair Work Act 2009 (Cth).
29
12. Probation
12.1 The University is committed to ensuring due process with respect to all decisions made on the
continuation or otherwise of the employment of a probationary employee. To fulfil that
commitment, a probationary employee will be advised of and afforded the opportunity to submit
a written response to any adverse statements, findings or recommendations contained in a
probationary report before a decision is reached to which those findings and material may be
relevant.
12.2 An Early Career Academic means an Employee appointed to a Level A or Level B position who
has had less than 5 years' regular Continuing and/or Fixed-Term academic employment relevant
to the duties of the position.
12.3 Academic Employees (other than Casuals) will be subject to a Probation Period, comprising:
(a) a Standard Probation Period of 12 months and
(b) a Confirmation Period of up to a further 24 months, part or all of which will be waived by
the relevant Executive Dean on application by the Employee, supported by the
Employee's supervisor where the Employee is performing at a more than satisfactory
level. An Employee may elect to remain on their Confirmation Period notwithstanding a
waiver by their supervisor.
12.4 Nothing in this clause limits the University from agreeing to a lesser, or the full waiving of, the
Probationary Period.
12.5 Any second or subsequent Fixed-Term contract to the same or similar position will not contain
a Probation Period.
12.6 During a Probation Period an Employee will be required to demonstrate that they have
satisfactorily performed the duties and responsibilities as determined in their position description
and the Academic Employee Classification Standards. During the Probation Period an Early
Career Academic Employee will not be expected to perform at the same standard as an
experienced academic Employee and performance expectations will take this into account.
12.7 During the Probation Period, the Unsatisfactory Performance procedures as provided in clauses
45do not apply. During this time the supervisor will provide regular feedback and hold review
meetings to discuss progress and identify and address any performance concerns.
12.8 During the Probation Period, a formal appraisal of performance will be provided to the Employee
by the supervisor within 4 weeks of the expiry of the first 6 months of employment. The
supervisor must inform the Employee in writing of any deficiencies in performance that may
impact the continuation of the Employee's employment related to performance or capacity to do
30
the job. The Employee will be given reasonable opportunity to respond to the matters raised and
will be given reasonable opportunity and appropriate support to improve their performance.
12.9 If, following the steps above, the University forms the view that the appointment may be
terminated during a Standard Probation Period, the University will, no later than 4 weeks prior
to the expiration of the Standard Probation Period, advise the Employee in writing that the
employment may be terminated. An Employee will be advised of, and given an opportunity to
respond, and any response will be considered by the University prior to making a determination.
12.10 If the University determines to terminate the employment of the Employee during a Standard
Probation Period, the University will provide 2 weeks' notice or 2 weeks' pay in lieu of such
notice.
12.11 Notwithstanding clause 12.7 above, clause 45 of the Agreement will apply to an Employee during
their Confirmation Period, if the Employee’s employment commenced prior to the
commencement of this Agreement
31
13. Aboriginal and Torres Strait Islander Employment
General
13.1 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. 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.
13.2 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.
13.3 The University will report on the numbers 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.
13.4 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;
32
(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 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
13.5 The Committee established to oversee the implementation of the Aboriginal and Torres Strait
Islander Employment Strategy will include Union (NTEU & Community and Public Sector Union)
representation.
Selection Committees
13.6 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
13.7 An Employee who is required to substantially use an indigenous language in the course of their
employment (with a recognized 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
13.8 The University recognizes 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.
13.9 Aboriginal and Torres Strait Islander Employees will receive an additional 10 days of paid cultural
and ceremonial leave per calendar year to participate in recognized Aboriginal and Torres Strait
Islander activities of a cultural or ceremonial nature.
13.10 Leave under this clause will be non-cumulative.
14. Family and Flexible Working Arrangements
14.1 The University is committed to work strategies to assist Employees to balance work and
family/life responsibilities. Flexible working arrangements may be entered into in order to
33
accommodate the work requirements of the University and family and work life commitments of
Employees where there is mutual consent. Supervisors will reasonably consider requests for
these arrangements in line with this commitment.
14.2 Short term flexible arrangements normally for periods of less than 3 months, may include:
(a) flexible 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.
14.3 Longer term flexible working arrangements, where authorized, include provisions such as:
(a) flexible hours;
(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.
14.4 Employees wishing to make application for a short term or long-term flexible arrangements will
make an application to their supervisor. Supervisors will reasonably consider the application,
and only reject the applications on the grounds that the application cannot be accommodated
due to the work requirements of the University. Employees making an application for a long-
term flexible working arrangement should nominate the period required in the application. In the
event that the request cannot be accommodated, including alternative options explored by the
Employee and supervisor, then the Employee can make application again when circumstances
change, or a year after the original application.
34
14.5 Employees wishing to terminate flexible work arrangements prior to the nominated end of the
arrangement will be accommodated to the extent possible, given other arrangements which may
have already been entered into in the workplace.
35
15. Academic Workload
Application
15.1 The provisions of this clause apply to all Continuing and Fixed-Term Employees.
Workload Allocation
15.2 The Academic Workload Model (AWM) will:
(a) be consistent with a workload model that reflects the time taken to complete the work;
(b) be calculated using an hours-based model of annual hours of work of 1710 hours for a
full-time academic based on 37.5 hours a week (pro rata for part-time Employees);
(c) take into account all components of academic work, including teaching, research,
scholarship, and service as defined in Schedule E; and the Employee's academic work
role (clause 15.13);
(d) enable the allocation of work by way of a transparent, equitable and fair allocation
process that provides for consultation with the academic employee;
(e) enable workload and output monitoring;
(f) support the University's commitment to health and safety of academic employees and
consider individual circumstances such as family responsibilities.
Academic Workload Committee (AWC) and the AWM
Implementation
15.3 The University will maintain the establishment of an Academic Workload Committee (AWC).
15.4 The hours-based AWM approved on 26 May 2024 may be varied only in accordance with this
Agreement.
15.5 The AWM provides time-based allocations for specific academic tasks which apply to all such
work performed at the University. All academic staff will be allocated their workload in
accordance with the AWM to commence from the beginning of Trimester 1, 2025.
15.6 The AWC will have oversight of the AWM. and will have the following functions:
36
(a) monitoring implementation of the AWM;
(b) making representations to Deans and the Vice-Chancellor in respect of matters relating
to the AWM;
(c) reviewing, considering and advising on any alterations to the AWM, including alterations
suggested at the initiative of the AWC;
(d) making inquiries to inform itself in respect of any of its other functions.
15.7 No variation to the AWM as a whole, or variations for specific disciplines or faculties, will be
made without being reviewed and considered by the AWC. After consideration by the AWC, the
Vice-Chancellor may determine any variations to the AWM.
15.8 All proposed amendments to the AWM require consultation with affected Continuing and Fixed-
Term Academic Employees. All proposed amendments to the AWM with effect within a specific
discipline or faculty will require consultation with Continuing and Fixed Term Academic
Employees within that work unit.
15.9 A proposed amendment to the AWM will not commence until:
(a) the University has sought endorsement of the amendment by the affected Continuing
and Fixed-Term Academic Employees; and
(b) the amendment is endorsed by a majority of those who participate.
15.10 A proposed amendment to the AWM with effect within a specific discipline or faculty will not
commence until:
(a) the University has sought endorsement of the amendment by the affected Continuing
and Fixed-Term Academic Employees within the discipline or faculty; and
(b) the amendment is endorsed by a majority of those who participate.
15.11 In considering variations to the AWM, the AWC will consider and measure the following relevant
factors, including but not limited to:
(a) modes of delivery, including, for example, face-to-face teaching, on-line learning and
blended learning;
(b) the level of courses taught;
37
(c) preparation for teaching, curriculum development and the development of course
materials;
(d) the number of students taught for the time required for assessment, marking and student
consultation;
(e) supervision and mentoring of staff and students;
(f) research, scholarship, creative achievement;
(g) field work supervision;
(h) service to the University; and
(i) service to the community related to the academic’s area of expertise.
15.12 The AWC will be comprised of:
(a) Two University management representatives (one to be the chair);
(b) Three academic Employees nominated by the NTEU (one per Faculty);
(c) Three elected academic Employees (one elected from each Faculty);
(d) Three academic Employees appointed by the Vice-Chancellor (one per Faculty).
Academic Workload Roles
15.13 Each academic Employee will have an academic workload role that informs the basis of their
individual workload allocation.
15.14 There will be three designated academic workload roles: teaching focused, balanced and
research focused.
15.15 These roles will have proportions or ranges of the total 1710 hours allocated to the components
of the Workload Role, as follows unless otherwise agreed:
38
Workload Role Teaching and
teaching-related
activities %
Research, creative
achievement,
scholarship of
teaching and learning
and/or professional
activity %
Service and
administration %
Balanced Role 40%
An Employee may
agree to a teaching
allocation of more than
40%, provided that it is
for a fixed period of up
to 3 years and there is
genuine agreement.
40%
An Employee may
agree to a research
allocation of more than
40%, provided that it is
for a fixed period of up
to 3 years and there is
genuine agreement.
20%
Service and
administration
allocation may be
increased above 20%
for Employees with
significant service or
administration roles.
Teaching Focused
Role
50-70%
0-30%
10-30%
Research Focused
Role
0-30%
There is no
requirement for
Employees in this
category to have a
teaching allocation.
70%-100% 10-30%
15.16 The University will ensure the balanced role being the predominant type of academic workload
role over the life of the Agreement.
15.17 Existing Employees employed at the commencement of this Agreement will have an academic
workload role consistent with their existing role, unless by genuine agreement.
15.18 Teaching allocations can be averaged over a 2-year period with the genuine agreement of the
Employee. Averaged allocations will be reviewed and documented annually.
15.19 Balanced academics will not be required to teach for more than two out of three trimesters per
Academic Year, unless by genuine agreement.
15.20 Teaching Focused academics will not be required to teach for more than five out of six trimesters
over two consecutive Academic Years, unless by genuine agreement.
15.21 In allocating workload, consideration will be given to annual leave planning in accordance with
PPDR discussion
39
15.22 Employees in each academic role will be eligible for promotion and special studies program
within specified eligibility requirements as set out in University policy and procedures.
Allocating Individual Workload
15.23 In accordance with this clause, the Dean of each Faculty or delegate will be responsible for:
(a) implementation of the AWM; and
(b) on an annual basis allocating workloads for each Academic Employee within their
Faculty.
15.24 The percentage allocation to each component of the Workload Role:
(a) will be in accordance with an Employee’s appointed role unless otherwise agreed with
the Employee; and
(b) may be fixed for a period of up to five years by genuine agreement.
15.25 Academic Employees' workloads will normally be finalised six (6) weeks prior to the
commencement of the academic year.
15.26 In allocating individual workload:
(a) Unless by genuine agreement between the Employee and supervisor, no Employee will
be required to teach outside the hours of 8am to 6pm, Monday to Friday, with the
exception of intensive teaching periods.
(b) An Employee will only teach on weekends or public holidays where there is mutual
agreement. Such agreements may include arrangements to take time-off-in-lieu.
(c) No Employee will be required to teach overseas unless stated in the Employee's contract
of employment or with the genuine agreement of the Employee.
15.27 In addition, the Faculty Dean or delegate will take into account the following factors in making
an allocation of work to an Employee:
(a) the Workload Role of the Employee (that is, whether they hold a Balanced Role, a
Teaching-Focused Role or a Research-Focused Role);
(b) the Employee's research plan, service responsibilities and professional development
objectives for the coming year as agreed during PPDR discussions;
40
(c) The Employee’s previous allocation in each component of their role;
(d) The Employee’s career objectives, in particular their objectives for the next year;
(e) the total number of teaching hours worked without a break;
(f) the need to avoid unreasonable intensification of workloads through allocation of
excessive volume of tasks at particular points during the year;
(g) the need to ensure a variety of tasks rather than an excessive focus on a particular kind
of task;
(h) any reasonable accommodation for disability;
(i) any pro rata reduction of hours across all components of academic work to
accommodate periods taken as long service leave, leave for special studies program
and any significant unplanned leave (e.g. sick leave);
(j) any approved annual leave, including approved annual leave in a 4-week block; and
(k) the Employee's family needs and responsibilities.
Changing Academic Roles
15.28 An Employee may request to transition:
(a) to a Teaching Focused Workload Role at any time; or
(b) otherwise, between Academic Workload Roles after 3 years within the role.
15.29 Where an Employee requests to transition from a Teaching Focused role to a Balanced role or
Research Focused role, they must:
(a) submit and have approved by their immediate supervisor, Head of School and the
relevant Dean a research plan with measurable research performance targets; and
(b) be satisfactorily performing in their current academic role.
In relation to clause 15.29(a)approval will not be unreasonably withheld.
41
15.30 Requests to transition from a Teaching Focused role are approved by the Dean of the relevant
faculty and will be subject to the research priorities, resources and operational needs of the
Faculty.
Review of Individual Workload Allocation
15.31 If an individual academic Employee has a concern that their workload allocation is excessive or
unreasonable, they may raise and have considered by the Head of School or delegate, issues
related to their academic work allocation having regard to the AWM, their Academic Role and
factors in clause 15.27.
15.32 If, after five (5) working days, the matter remains unresolved, an Employee may request that the
Faculty Dean review their workload allocation. Such requests should be made in writing, and the
Faculty Dean or delegate will complete the review and provide a response to the Employee
within ten (10) working days of receiving the written request for review.
15.33 If the Employee is not satisfied with the outcome of the review, they may invoke clause 51,
Dispute Resolution Procedures.
42
16. Primary and Alternative Work Location
16.1 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.
16.2 The primary place of employment will be a Campus of the University.
16.3 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.
16.4 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.
16.5 Where an employee’s Primary Work Location changes during their employment, this will be
confirmed in writing.
16.6 The University will pay reasonable costs of removal of personal effects consistent with University
policy where:
(a) An employee voluntarily applies for and is appointed to a position which entails a change
to their current primary place of employment outside of Armidale;
(b) 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 ClauseError! Reference
source not found.. As a mitigation against job loss the affected employee agrees to this
change of location. 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 Error! Reference source not found.Consultation on
Organisational Change apply.
43
16.7 Principles of availability
It is acknowledged that from time-to-time employees will undertake a range of duties that either
necessitate or benefit from absences from campus. Academic Employees will be reasonably
available for interaction and consultation with students and colleagues and will attend scheduled
meetings at the University. Consistent with clause 16.1 above, academic Employees will advise
their supervisor of their general activities and approval for any extended absences from campus,
and be contactable during these times.
Applying for an alternative work location arrangement
16.8 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 16.1 above.
16.9 Subject to subclause 16.12 and 16.13 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.
16.10 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;
(c) The expected or usual Alternative Work Location; and
(d) The reasons for requesting the Alternative Work Location arrangement.
16.11 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.
16.12 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;
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(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.
16.13 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.
16.14 A Supervisor will use their best endeavours to accommodate any reasonable request by an
Employee to work from an Alternative Work Location.
16.15 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.
16.16 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.
16.17 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
16.18 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.
16.19 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.
16.20 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.
16.21 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
16.22 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 16.12 or
16.13.
Ad hoc arrangements
16.23 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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17. Paid Outside Work
17.1 Any potential additional work an Employee proposes to undertake on behalf of the University,
with income apportioned fairly between the Employee and the University, will be discussed with
their supervisor in the context of their academic workload agreement and must be subject to
approval by the relevant Executive Dean or Executive Principal where appropriate, before such
additional work may be commenced.
17.2 Employees proposing to undertake work in addition to their usual position for a third party outside
the University are referred to the applicable University policy and procedures.
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18. Agreement Flexibility
18.1 Notwithstanding any other provision of this agreement, the University and an individual
Employee may agree to vary the application 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 in the application of one
or more of the terms listed below:
(a) Salary Packaging - An employee may elect packaging of salary for superannuation and
other items that may be approved in accordance with University policy from time to time.
(b) Purchased Leave-An employee may apply to enter into an agreement with the University
to purchase either 10 days (2 weeks) or 20 days (4 weeks) additional 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.
18.2 The University and the Employee must have genuinely agreed to the arrangement without
coercion or duress, and the Employee is better off overall than they would have been if no
agreement were entered into.
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.
18.3 The University when seeking to enter into an agreement 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.
18.4 The University must ensure that the individual flexibility arrangement:
(a) is in writing;
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(b) includes the name of the University and Employee;
(c) is signed by the University and Employee and if the Employee is under 18 years of age,
signed by a parent or guardian of the Employee;
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions
of their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
18.5 The University must give the Employee a copy of the individual flexibility arrangement within 14
days after it is agreed to.
18.6 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.
18.7 The University is responsible for ensuring that all of the requirements of this clause are met.
18.8 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.
18.9 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 - SALARY AND CLASSIFICATION
19. Salaries
19.1 The salary and casual rates are set out in Schedules A, Band C of this Agreement. Part time
Employees will receive salary entitlements on a pro-rata basis.
19.2 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.
19.3 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.
19.4 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; and
(b) 5.2% from the last full pay period to commence on or before 30 June 2026.
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.
19.5 Employees will be entitled on 31 December of each year to an annual leave loading of 17.5% of
4 weeks salary with a maximum payment equal to the Statistician's average weekly earnings of
all males (Australia) for the May quarter preceding the date of accrual. Employees commencing
employment after 1 January or ceasing employment prior to 31 December in any year will be
paid the above entitlement on a pro rata basis.
19.6 Employees are eligible for allowances in accordance with Schedule D.
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20. Superannuation
20.1 The University will make 17% employer superannuation contributions for all Continuing and
Fixed Term Employees.
20.2 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
20.3 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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21. Salary Packaging
Employees may participate in packaging of salary for superannuation and other items that may be
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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22. Classifications
All Academic Employees' positions will be classified in accordance with the Academic Employee
Classification Standards in Schedules F and G.
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PART 4- ENGLISH LANGUAGE TEACHER SPECIFIC MATTERS
23. Classifications and Categories
23.1 On appointment, English Language Teachers will be placed on a salary level commensurate
with the level for their qualifications and experience:
(a) Category A commences at a minimum of Level 4 with a maximum of Level 10;
(b) Category B commences at a minimum of Level 3 with a maximum of Level 10; and
(c) Category C commences at a minimum of Level 2 with a maximum of Level 10.
23.2 Employees will be assigned to one of the following categories based on their qualifications and
experience:
(a) Category A - Doctoral or Master's Degree in Applied Linguistics or a TESOL-related field,
Bachelor's Degree and Diploma in Education or equivalent;
(b) Category B - Bachelor's Degree in TESOL-related field and Diploma in Education or
equivalent; or Bachelor's Degree in Education plus recognised TESOL certification;
(c) Category C- Bachelor's Degree and recognised TESOL certification; or Bachelor's
Degree including TESOL practical and theoretical pedagogy.
23.3 Employees will be accredited with teaching experience and be allocated a higher salary in
accordance, with the following:
(a) 1 increment for each year of full-time equivalent TESOL teaching or equivalent; or
(b) 1 increment for each 2 years of full-time equivalent teaching in other languages to a
maximum of 3 increments.
23.4 Whenever practical, teaching positions will be offered as Continuing positions and/or Continuing
Contingent positions and/or Fixed-term positions. Wherever practical, the ratio of hours taught
by Continuing and/or Continuing Contingent and/or Fixed-term Employees to hours taught by
Casual Employees will not be less than 3:1.
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24. Role Descriptors
Academic Manager
24.1 The Academic Manager is an experienced English Language Intensive Courses for Overseas
Students (ELICOS) teacher with additional language centre management experience. The
Academic Manager ensures the development and maintenance of high-quality operations of the
English Language Centre (ELC), makes a proactive, substantial and strategically significant
contribution to the work of the management team of the ELC, and demonstrates leadership in
developing and maintaining quality assurance mechanisms covering all academic aspects of
ELC operations.
Head Teacher
24.2 The Head Teacher is an experienced ELICOS teacher and is responsible for coordinating the
teaching of all ELC programs. The Head Teacher carries out related supervisory, administrative
and professional duties as necessary to ensure the continued provision of English language
programs of the highest quality, and participates proactively and effectively in development
activities to enhance the professional standards of the ELC.
English Language Teachers
24.3 English Language Teachers are responsible for designing, teaching, evaluating and
documenting effective courses or course components of general, academic and specific purpose
English programs for international students from non-English speaking backgrounds. They
perform related administrative and professional duties required to ensure the continued
provision of English language programs of the highest quality, support students, and actively
participate in professional development activities to enhance the professional activity of the ELC.
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25. Duties and Time Allocation
25.1 Full -time teaching Employees are appointed for 35 hours per week allocated as:
(a) a maximum of 20 hours face-to-face teaching (and/or supervision of students in
scheduled classes, tutoring and excursions); and
(b) other non-teaching duties for the balance of the working week, including but not limited
to professional development, preparation for teaching, marking, student advice,
administrative tasks, attendance at meetings, program and resource development.
25.2 The allocation for part-time ELC teachers is on a pro-rata basis as follows:
EFT Classroom Teaching Non-Teaching Duties
1.0 20 hours 15 hours
0.9 18 hours 13.5 hours
0.8 16 hours 12 hours
0.7 14 hours 10.5 hours
0.6 12 hours 9 hours
0.5 10 hours 7.5 hours
0.4 8 hours 6 hours
0.3 6 hours 4.5 hours
25.3 The casual teaching rate as referred to in Schedule C includes 1 hour of face-to-face teaching
and 45 minutes of non-teaching duties.
25.4 In cases where the workload involved in discharging the responsibilities of teaching a particular
module is agreed.by the ELC Director to be exceptionally demanding, Fixed-Term and/or Casual
teaching Employees will be paid an appropriate number of hours at the non teaching rate, while
Continuing and/or Continuing-contingent teaching Employees may be provided with an
appropriate number of hours taken as time-in-lieu during non-teaching periods.
25.5 Coordinators of teaching or study tour programs are responsible for the design, preparation
(where necessary including teaching materials), assessment, evaluation and reporting of
specific programs, together with all associated administrative tasks. In cases where the workload
involved in such program coordination is agreed by the ELC Director to be exceptionally
demanding, Fixed Term and/or Casual teaching Employees will be paid an appropriate number
of hours at the non-teaching rate, while Continuing and/or Continuing contingent teaching
Employees may be provided with an appropriate number of hours taken as time-in-lieu during
non-teaching periods.
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25.6 During reduced or non-teaching periods it is expected that Employees will engage in
professional activity appropriate to the ELC, including, but not limited to, development of
programs, preparation for future teaching, revision of materials, review of course records,
syllabus and materials development and/or review, evaluation and report writing.
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26. Higher Duties Allowance
26.1 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 and fractional Employees should be given equal consideration.
26.2 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.
26.3 Leave 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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27. Teaching Load
National ELICOS Accreditation Scheme (NEAS) guidelines state that there will be no more than 18
students in a class. In cases of study tours and other groups not covered by NEAS guidelines, there will
be no more than 20 students in a class, unless the supervisor has consulted with the responsible
Employees and ensured that appropriate support is in place.
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28. ELC Professional Development
28.1 The University is committed to the on-going development of English Language Teachers, and
will support professional development activities that will enhance an employee's career
development within the University.
28.2 Continuing and Fixed-term English Language Teachers will have access to an amount to support
them attending professional development activities. The available amount will be calculated as
an amount equivalent to 2 % of the Professional Staff Development Fund each calendar year
during the life of this agreement (for example if the amount in the Professional Staff Development
Fund is $200,000 in a calendar year, the total amount available to English Language Teachers
as a group in the same calendar year will be $4,000). This amount will be maintained in a fund
separate to the Professional Staff Development Fund.
28.3 Funding will be facilitated through the People and Culture and will provide support for
professional development activities that have been identified through the annual performance
planning and review process.
28.4 The purpose of this fund is not to replace normal directorate funded professional development
activities, but rather to provide access to enhanced development activities identified as integral
to a staff member's professional development.
28.5 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. Agreement
to fund a development activity in any one year should not be construed as agreement to continue
such funding in subsequent years.
28.6 Casual English Language Teachers are entitled to access professional development in
accordance with clause 11.7of this Agreement.
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PART 5. - LEAVE
29. Annual Leave
29.1 A full-time Employee employed under Schedule A will be entitled to 4 weeks’ 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 ELC teaching staff, employed under Schedule C, will be entitled to 140 hours 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.
29.3 ELC teaching staff, employed under Schedule C and employed prior to 13 October 2014 will be
entitled to an additional 35 hours of annual leave per annum for the duration of their current
appointment.
29.4 Part-time Employees will be eligible for annual leave on a pro-rata basis. Casual Employees are
not entitled to annual leave.
29.5 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.
29.6 Subject to clause 29.7, 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.
29.7 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.
29.8 Annual leave may not be taken in advance of the entitlement accruing.
29.9 Annual leave accrues on a daily basis.
29.10 Where an Employee has accrued excessive paid annual leave of more than 8 weeks, the
following provisions apply:
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(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.
29.11 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.
29.12 If an Employee who is eligible for sick leave, produces a satisfactory medical certificate to the
effect that they have been incapacitated while on annual leave, the University will re-credit the
Employee with an equivalent period of annual leave.
29.13 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.
29.14 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.
29.15 An Employee may apply to enter into an agreement with the University to purchase between 10
days (2 weeks) 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.
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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.
Taking long service leave
30.7 Subject to clause 30.9, an Employee who has qualified for long service leave may be entitled to
take long service leave at a time of his or her choosing, provided that the Employee requests
such leave in writing at least 6 months in advance, or in the absence of such notice, the
Executive Officer consents.
30.8 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.
30.9 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:
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(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;
(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
30.10 Prior continuous service with other Australian universities will be counted as service for the
purposes of calculating long service leave entitlements 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 Human Resource Services (People and Culture)
Directorate of prior service;
(c) 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;
(d) except as provided in clause 30.13such 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;
(e) unless agreed otherwise with the relevant Senior Executive 9tticer, 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.
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30.11 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.
30.12 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 a receiving Australian university, provided that the
receiving university agrees and will recognise the accrued long service leave.
30.13 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 30.10(d)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
Personal illness or incapacity
31.1 Employees other than Casual Employees will be entitled to paid personal leave when they are
unable to attend work due to personal illness or incapacity, and do not receive workers'
compensation payments in respect of the absence:
(a) employees will be credited with 10 days paid leave in their first year of employment,
credited 12 months in advance, or a pro rata amount where the contract is less than 1
year;
(b) employees will be credited with an additional 40 days paid leave per annum in their
second year of employment, credited 12 months in advance;
(c) employees will be credited with an additional 40 days paid leave per annum in their third
year of employment, credited 12 months in advance; and
(d) employees will be credited with 10 days paid leave per annum for subsequent years of
employment, credited 12 months in advance.
31.2 Leave untaken in the year of accrual is added to an Employee's entitlement on their anniversary
date.
31.3 The anniversary date for the purpose of credit of personal leave entitlement is:
(a) for staff employed prior to 20 October 2014, the anniversary date is their current
anniversary date; and
(b) for staff employed after 20 October 2014, their anniversary of appointment.
31.4 Where a public holiday, which would normally be a working day, falls during a period of personal
leave, the absence on the public holiday will not be treated as personal leave.
31.5 No payment is made in lieu of unused leave on termination.
31.6 The University may require an Employee who has taken more than 25 days' personal leave in
any one year of employment to undertake a medical examination for the purposes of obtaining
an opinion on the Employee's medical condition.
31.7 Additional paid personal leave may be approved by the relevant Senior Executive Officer in
exceptional circumstances if an Employee is seriously ill and suffering substantial hardship and
has used up all of their paid personal leave entitlement.
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Workers Compensation Leave and Make-Up Pay
31.8 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.
31.9 An Employee 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.
31.10 Paid leave will be exclusive of any personal leave entitlement due and owing to the Employee.
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.
Family/Carer's, Compassionate and Religious/Cultural Leave
31.11 An Employee (other than a Casual Employee) is entitled to use their personal leave credits for
family/carer responsibilities.
31.12 An Employee (other than a Casual Employee) is entitled to use up to 10 days of their personal
leave credits in any year of service for bereavement/compassionate reasons, or religious,
ceremonial and/or cultural reasons.
31.13 Where an Employee has exhausted their personal leave entitlement, a further 2 days of unpaid
Family/Carers per occasion will be available in the event of an unexpected emergency.
31.14 In the event that an Employee has exhausted their sick leave entitlement, an additional 2 days
of paid bereavement/compassionate leave per occasion will be available to Employees.
31.15 Family/carers responsibility leave is to care for a member of their immediate family or household
who is ill or incapacitated and require care and support or who require care due to an unexpected
emergency:
(a) Employees with shared responsibility for the care of a family member may not access
this entitlement on the same day or days, unless they can demonstrate exceptional
circumstances to the University's satisfaction; and
(b) to assist Employees with family responsibilities, a supervisor may agree to them:
(i) taking up to 2 weeks annual leave in single days; or
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(ii) taking unpaid leave or undertaking additional work to make up for time taken to
care for a family member who is ill or incapacitated.
31.16 Bereavement/compassionate leave can be taken in the event of:
(a) the death of a member of the Employee's immediate family;
(b) a member of the Employee's immediate family contracts or develops a personal illness
that poses a serious threat to his or her life or sustains a personal injury that poses a
serious threat to his or her life;
(c) a child is stillborn, where the child would have been a member of the Employee's
immediate family, or a member of the Employee's household, if the child had been born
alive; or
(d) the Employee, or the Employee's spouse or de facto partner, has a miscarriage.
It can also be accessed where a person of importance in the Employee's culture dies, or for
other reasons of a compassionate nature, given in writing and accepted by the University.
31.17 Leave can be taken for religious, ceremonial and/or cultural reasons such as attendance or
participation in particular religious, ceremonial or cultural activities. Activities may include:
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.
Casual Employees
31.18 Subject to providing notification and medical certificates or other documentation as specified in
clause 31.22, Casual Employees are entitled to be unavailable to attend work, or to leave work:
(a) if they need to care for members of their immediate family or household who are sick
and require care and support, or who require care due to an unexpected emergency, or
the birth of a child; or
(b) upon the death in Australia of an immediate family or household member; or
(c) for other bereavement / compassionate reasons as detailed in clause 31.16.
31.19 The Employee and their supervisor will agree on the period for which the Employee will be
entitled to be unavailable to attend work. If agreement cannot be reached, the Employee will be
entitled to be unavailable to attend work for up to 48 hours (i.e. 2 days) per occasion. No payment
will be made for any period of non-attendance.
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31.20 The University will not fail to re-engage a Casual Employee because they accessed the
entitlements provided for in this clause. The rights of the University to engage or not to engage
Casual Employees are otherwise not affected.
Notification and supporting evidence
31.21 For the purpose of the family/carers, compassionate and religious/cultural leave provisions,
immediate family member of an Employee means a child (including an adult child, grandchild,
adopted child, stepchild or child for whom the Employee is a legal guardian or equivalent),
spouse, partner (including same sex partner), former spouse or partner, parent, parent-in-law,
grandparent, sibling or other family or household member.
31.22 An Employee who is unable to attend work due to personal illness or incapacity, family/carer
responsibilities, bereavement/compassionate reasons, or religious, ceremonial and/or cultural
reasons must:
(a) notify their supervisor of their intended absence and its estimated duration as early as
practicable on the first day of their absence (or as soon as practicable thereafter where
due to exceptional circumstances notification cannot be provided on the first day of the
Employee's absence); and
(b) provide a medical certificate (or in the case of an absence due to an unexpected
emergency, bereavement/compassionate reasons, or religious, ceremonial and/or
cultural reasons, a statutory declaration or other documentation that is acceptable to the
University):
(i) for any single period of absence of 5 working days or more; and
(ii) if requested to do so, for any absence after taking 5 separate periods of personal
or carer's leave in one year of employment without providing a medical
certificate, after being notified that they have taken 5 such periods of leave and
that certificates are required for future absences.
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32. Parental leave
32.1 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.
32.2 Full-time Continuing Employees are entitled to parental leave in accordance with this clause.
32.3 Part time Continuing Employees are entitled to parental leave on a pro-rata basis.
32.4 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, they may extend the date for
return from parental leave over the second contract.
32.5 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.
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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 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
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 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.
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maternity leave at any
one time.
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
Paid leave to be taken in the period
between 3 months prior to and 3
months after the EDB
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leave will not exceed 52
weeks
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 on long term
placement
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
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.
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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.
32.6 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
32.7 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. Further Conditions
32.8 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.
32.9 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.
32.10 Parental leave does not break continuity of service.
32.11 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. ,·
32.12 All leave accruals and employer superannuation contributions during the period of paid parental
leave at half pay will be on a pro rata basis.
32.13 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.
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32.14 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.
32.15 If a pregnancy terminates by miscarriage before 20 weeks of pregnancy, an Employee is entitled
to use sick leave or compassionate leave to cover any absence.
32.16 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
32.17 A replacement Employee is an Employee specifically engaged or temporarily promoted or
transferred, as a result of an Employee proceeding on parental leave.
32.18 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
32.19 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.
32.20 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.
32.21 Once an Employee has returned to work, any further working arrangements will be considered
through clause 14
Documentation
32.22 Appropriate certification relating to the birth, adoption or fostering of the child must be produced
if required by the University.
32.23 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
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32.24 While an Employee is on parental leave, 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.
32.25 Employees returning from parental leave will receive a briefing from their supervisor on the latest
changes and developments in their position and work area.
32.26 An Employee during their parental leave will be consulted concerning any significant change in
responsibilities proposed for the employee's substantive position.
32.27 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
32.28 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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33. Jury and Witness Leave
33.1 An Employee required to attend jury service will be deemed to be on duty on normal pay; the
Employee will pay to the University any fee paid to them for jury service other than for expenses.
33.2 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 for their role as a witness other than
for expenses.
33.3 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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34. Family and Domestic Violence Leave
34.1 The University recognises Employees may experience violent, threatening or other abusive
behaviour in their family and domestic life that may affect their attendance or performance at
work.
34.2 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.
34.3 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.
34.4 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.
34.5 Leave does not accrue from year to year and unused leave is not paid out on termination of
employment.
34.6 If an Employee has exhausted their family and domestic violence leave entitlement:
(a) they are entitled to access annual leave, personal/carers leave and long service leave
for reasons related to family or domestic violence; and
(b) where all paid leave is exhausted, may apply for additional paid leave for reasons related
to family or domestic violence, granted at the discretion of the Director, People and
Culture.
34.7 An Employee who is unable to attend work for reasons of family or domestic violence must notify
their supervisor as soon as practicable. The University may require proof of domestic violence
such as agreed documentation from the police, a court, a medical practitioner, a domestic
violence support service, lawyer, counselling professional or statutory declaration.
34.8 An employee experiencing family or domestic violence may also:
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(a) use of the University’s EAP program;
(b) flexible working arrangements, in accordance with this Agreement;;
(c) request to make changes to the Employee’s
(i) place of work;
(ii) telephone number; or
(iii) email address; and/or
(d) request other measures be taken
which requests will not be unreasonably refused.
34.9 Applications by an Employee under this clause may be made directly to their supervisor or if
preferred the Director People and Culture.
34.10 36.7. An Employee who is unable to attend work for reasons of family or domestic violence
must notify their supervisor as soon as reasonably practicable, or alternatively they may directly
notify People and Culture,
34.11 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.
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35. Gender Affirmation Leave
Principles
35.1 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
35.2 Employees (other than Casual Employees) are entitled to access up to 20 days paid gender
affirmation leave per annum.
35.3 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.
35.4 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).
35.5 A part-time Employee is entitled to paid gender affirmation leave on a pro rata basis.
35.6 The University will protect the privacy and maintain confidentiality of information given by an
Employee under this clause.
35.7 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).
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35.8 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.
35.9 Nothing in this clause prevents, in the case of entitlements under subclause 35.2 and 35.3 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
(b) an Employee from accessing their personal or annual leave entitlements in accordance
with this Agreement.
35.10 Where an Employee requests additional paid leave in accordance with clause 35.9(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.
35.11 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.
35.12 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
35.13 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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36. Public Holidays
36.1 Employees (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).
36.2 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.
36.3 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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37. Close Down
Christmas
37.1 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.
37.2 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.
37.3 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
37.4 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.
37.5 The provisions of this clause do not apply to Casual Employees.
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PART 6 - WORKPLACE CHANGE
38. Workplace Change
38.1 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.
38.2 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.
38.3 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.
38.4 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
38.5 In cases where changes in the workplace are relatively minor, as a consequence they will be
addressed at the workplace level through direct local discussion and consultation with
Employees and/or Head of School/Executive Officer with a view to reaching agreement on
mutually acceptable solutions and alternatives.
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Major workplace change
38.6 A major workplace change has significant effects on Employees if it is anticipated that one or
more of the following:
(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;
(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.
Principles regarding Major Workplace Change
38.7 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.
38.8 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.
38.9 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;
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(c) pre-retirement contracts;
(d) changes of fraction;
(e) leave without pay;
(f) long service leave; and/or
(g) redeployment.
38.10 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.
38.11 Employees who are likely to be affected by major change, together with their Representatives,
will be genuinely consulted and 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.
38.12 Recognising the sound development of workplace change requires the involvement of the
Employees who are anticipated to be affected by change, and their union (or other
representatives), the University, will engage in preliminary fact finding, data gathering and
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
38.13 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.
38.14 The consultation period is the period before a final decision is made, where Employees and the
NTEU 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.
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38.15 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) where possible redundancies are identified, the document will include the rationale for
the redundancy being genuine, and specify the fair and objective criteria that will be the
basis of selecting staff to be identified as excess employees;
(e) potential significant impacts of the change on Employees;
(f) 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;
(g) the proposed organisational chart/s;
(h) key responsibilities of positions in the new structure;
(i) the WHS risk assessment, where appropriate; and
(j) 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.
38.16 Unless otherwise agreed, the written proposal referred to in clause 38.13will be provided at least
ten working days prior to any further meeting with the Employees to discuss the proposal and
will also be provided to the NTEU 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.
38.17 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
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 NTEU.
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38.18 During the consultation period, the University will invite submissions from affected Employees
and their 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 39);
(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 40).
38.19 Any proposal will be genuinely considered and a written response demonstrating such provided
to staff and the unions within 10 working days.
38.20 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. In the case of English
language teachers, position descriptions for positions relevant to the change process will be
drafted and provided to staff for feedback prior to finalizing any change document.
38.21 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.
38.22 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
38.23 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 clause 38.18.
38.24 Existing continuing employees will continue to hold the position where the duties of a position
are not significantly changed.
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38.25 Where the duties of a position are significantly changed, or there are new position/s created,
potentially redundant employees will be considered first for those positions prior to commencing
a recruitment process.
38.26 Fair, transparent and objective criteria will be used to place employees in remaining positions.
38.27 An employee potentially facing retrenchment may seek, and will then be provided with:
(a) access to appropriate support from within the University to assist in seeking alternative
employment; and/or
(b) one day a week (or pro rata) (plus travel time), without loss of pay, to attend job
interviews or other job search activities, with further leave subject to the approval of the
relevant supervisor.
38.28 Where expenses to attend such interviews are not met by the prospective employer, the
employee will be entitled to reasonable travel and other incidental expenses incurred in
attending such interviews as determined by the Vice-Chancellor.
38.29 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/accountant and will reimburse costs to a maximum of $300
upon the presentation of an invoice/receipt.
Retrenchment Review
38.30 Where an employee has been formally advised of their retrenchment, the employee may apply
to the Vice Chancellor to review the decision that they be retrenched ("the application for review")
(by the process referred to in 38.31 to 38.33) on the basis of alleged failure to apply the
provisions of this clause. This application for review must be received by the Vice Chancellor
no more than five working days after the date of the formal advice of retrenchment.
38.31 Within 10 working days (where practicable) of receipt of the employee's application for review,
the Vice-Chancellor will convene a Retrenchment Review Committee consisting of:
(a) A Chairperson (who is not a union official) agreed between the Vice-Chancellor and the
NTEU who is chosen from a list of Chairpersons agreed between the University and the
NTEU;
(b) An employee nominated by the University; and
(c) An employee nominated by the NTEU.
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38.32 The Retrenchment Review Committee will consider the application for review, and any response
to the application by the University in reply, and the provisions of this clause. The Committee
will provide a report ("the Report") to the Vice-Chancellor on whether or not the provisions of this
clause were followed in respect of the applicant's termination; in particular whether:
(a) there is a genuine redundancy;
(b) fair and objective criteria have been used to select the employee making the application
for review as an excess employee; and
(c) genuine and adequate consideration has been given to measures to avert or mitigate
the adverse effects of termination of employment on the employee making an application
for review.
38.33 The Vice-Chancellor will consider the Report and make a determination about the application
for review ("the determination"). In making the determination the Vice-Chancellor will take such
steps as they deem necessary, including:
(a) confirming the retrenchment;
(b) rescinding the retrenchment; or
(c) taking steps to remedy any unfairness as seems reasonable to them.
38.34 The Vice-Chancellor's determinations will be made as soon as is practicable, and their decisions
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.
Change to Ordinary Hours of Work or Changes to Rosters
38.35 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 the NTEU or Representatives
about the change;
(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
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(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.
Finalisation of workplace change process
38.36 Following completion of the consultation process and, where appropriate, any retrenchment
review, a final workplace change document will be provided to all employees and the NTEU.
The workplace change process is then finished.
Post-Change Review
38.37 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 under clause 38.15 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 38.21;
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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39. Transfer
Transfers will only occur by mutual agreement.
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40. Redundancy
40.1 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.
40.2 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 an open and competitive
merit selection process.
Redundancy Pay
40.3 The minimum value of the redundancy pay will be no less than 2 weeks for every completed
year of continuous service (part time service will be calculated on a pro rata basis).
40.4 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.
40.5 The maximum retrenchment package payable under sub clauses 40.3and 40.4will be no more
than 52 weeks.
40.6 An Employee will receive redundancy payments as per clause 40or the redundancy pay due
under the National Employment Standard, whichever is the greater.
Notice Period
40.7 An Employee who is retrenched will be entitled to 26 weeks payment in lieu of notice in addition
to the retrenchment payment.
40.8 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.
Academic Expenses
40.9 Any reasonable costs and charges as determined by the Vice-Chancellor associated with a
programme of retraining as an agreed measure to mitigate the effects of an Employee's position
being surplus will be reimbursed to the Employee.
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Teaching Focused Role
40.10 If as a result of a workplace change, an academic position is made redundant, the position
cannot be replaced by a Teaching Focused position within a two-year period of the position
being made redundant.
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PART 7- PERFORMANCE DEVELOPMENT, REVIEW AND PROMOTION
41. Performance, Planning, Development and Review (PPDR) Program
41.1 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.
41.2 The University is also committed to providing all Employees with career development
opportunities when they are available.
41.3 The University will ensure that individual Employees (excluding Casual Employees) have an
opportunity to participate in the PPDR Program.
41.4 The PPDR Program is designed to provide all Employees with an opportunity to plan and discuss
career and development options with their supervisor.
41.5 The UNE PPDR Program 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;
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(g) provide a mechanism for constructive recognition, support and feedback within a
supportive, respectful and collegial working environment.
41.6 A supervisor who identifies unacceptable performance by an employee and wishes to take
disciplinary action must follow clause 45Unsatisfactory Performance of this Agreement.
41.7 The PPDR Program applies to all employees (excluding Casual. Employees), and includes
assessments of Employee performance for the purpose of:
(a) professional and career development (formative appraisal);
(b) incremental progression;
(c) academic probation;
(d) performance;
(e) cyclical performance reviews; and
(f) promotion.
Supervisors
41.8 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.
41.9 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.
41.10 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;
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(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.
41.11 Employees should discuss career development opportunities with their supervisor.
41.12 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.
41.13 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.
41.14 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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42. Incremental Progression
42.1 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.
42.2 An Employee will proceed by annual increment to the next salary point within the applicable
classification subject to demonstrating satisfactory performance, and where appropriate,
acquiring and using additional skills, experience and knowledge within the ambit of the
classification.
42.3 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.
42.4 If the supervisor still has concerns about the Employee's performance then the provisions of
clause 45must be initiated as Unsatisfactory Performance.
42.5 An Employee's increment will be withheld until their performance improves sufficient for the
increment to be granted. There will be no retrospective granting of an increment prior to such
performance improvement.
42.6 Where the outcome of a Dispute or Unsatisfactory Performance procedure identifies that
movement between salary points should have occurred, adjustment to salaries and entitlements
will be paid retrospectively to the Employee's anniversary date.
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43. Academic Promotion
43.1 Academic Promotion will be conducted annually in accordance with University’s Academic
Promotion policy.
Automatic progression from Level A to Level B
43.2 Upon proven attainment of a relevant Doctoral Qualification, any fixed-term or continuing Level
A Academic staff member will be appointed to a minimum of Level A+7 from the next pay period.
43.3 Without limiting the ability for Level A Academic staff to apply for promotion to Level B, Level A
Academic staff holding a relevant Doctoral Qualification and demonstrating satisfactory
performance will automatically progress to Level B (Base) after 12 months at Level A+7.
Academic Promotion to Levels B to E
43.4 The Academic Promotions Committee will comprise:
Ex Officio
• Deputy Vice-Chancellor (Chair} (or Nominee)
• Deputy Vice-Chancellor (Research) (or Nominee}
• Executive Principal (Education Futures) (or Nominee}
• Chair of Academic Board (or Nominee}
By Appointment
• One academic staff member from each Faculty appointed by the Vice-Chancellor;
• One additional member may be nominated by the Vice-Chancellor if deemed
appropriate to allow for equity, and/or discipline balance and/or benchmarking
purposes; and
• One external member nominated by the Vice-Chancellor (for Level D& E applications).
Observers
• An NTEU observer (at any academic level) appointed by the NTEU
• An equity observer appointed by the Director, Human Resources will be present at the
Promotions Committee and the Promotions Appeals Committee.
Appointed Members
43.5 The University will call for expressions of interest annually from academic staff to sit on the
Promotion Committee.
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43.6 All members of a Promotions Committee will normally hold an appointment at least at Level D
(for promotions to Level B and C) or Level E (for promotions to Level D and E). In appointing
members of a Promotions Committee, the requirements of clause 43.7 will be considered.
43.7 The final composition of the Promotions Committee is approved by the Vice Chancellor, or
nominee, taking into consideration the following:
(a) all those submitting an expression of interest will either be appointed to a Committee or
be a reserve member;
(b) composition of the Committee must consider and reflect equity and diversity including
gender, teaching, research and service experience;
(c) where insufficient expressions of interest are received, or where equity and diversity
composition cannot be met, the Vice-Chancellor can appoint directly;
(d) where a promotion application is submitted by an employee who identifies as an
Aboriginal or Torres Strait Islander, the Vice Chancellor may invite an additional member
who identifies as an Aboriginal or Torres Strait Islander to the relevant Committee for
consideration of that particular application;
(e) academic staff who have applied unsuccessfully for promotion in the previous year are
ineligible for membership of any Promotions Committee in that year; and
(f) academic staff applying for promotion in the current promotions round are ineligible for
membership of any Promotions Committee in that year.
43.8 The composition of any Promotion Committee established prior to the commencement of this
Agreement will not be affected by this clause.
Subsequent applications
43.9 Unless otherwise agreed, an applicant who has been unsuccessful in two consecutive years in
their bid for a promotion cannot apply in the following year.
Academic Promotion Appeals
43.10 Academic Promotion appeals will be conducted as required and in accordance with University
policy.
43.11 The Promotions Appeals Committee will comprise:
(a) one Professor (Chair) nominated by the Vice-Chancellor; and
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(b) two Professors or Associate Professors appointed by the Vice-Chancellor. Additional
members may be co-opted where necessary, e.g. to ensure gender balance. All
members will have served on previous Promotion Committees, but must not have been
involved in any aspect of an applicant's case to be reviewed.
43.12 Additional members may be co-opted where necessary, for example, to ensure gender balance.
All members will have served on previous Promotion Committees, but must not have been
involved in any aspect of an applicant's case to be reviewed.
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44. Special Studies Program
44.1 The objective of the Special Studies Program is to strengthen the University by fostering the
intellectual, professional, and career development of its academic employees. The University is
committed to the on-going development of its academic employees by providing the opportunity
for engagement with professional programs and development activities, research or scholarship
to enhance their own research, teaching and administrative/service expertise, aligned with the
strategic directions of their School and the University as a whole.
44.2 Employees who hold a continuing position (full-time or fractional), and who have held such a
position for at least three years, are eligible to apply for (pro-rata for part-time employees) to
participate in the Special Studies Program. Eligible employees are encouraged to continue to
apply to participate in the Special Studies Program at regular intervals (e.g.: every 3 years) and
in accordance with University policy and procedure.
44.3 Applications will be assessed in accordance with University policy and procedure using fair,
equitable and objective criteria.
44.4 Employees who are approved to participate in the Special Studies Program will have their hours
workload allocation reduced across all components of academic work on a pro rata basis to
accommodate the period of time taken for the Special Studies Program as per subclause 15.27.
44.5 An Employee who is participating in the Special Studies Program will have their ordinary duties
(including workplace attendance requirements) varied in accordance with the terms of their
participation in the Special Studies Program.
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PART 8 - PERFORMANCE, DISCIPLINE AND TERMINATION OF
EMPLOYMENT
45. Unsatisfactory Performance
General
45.1 Employees are entitled to natural justice and procedural fairness in connection with the
management of Unsatisfactory Performance.
45.2 Employees may choose to bring a support person or their Representative to meetings held in
connection with this clause.
45.3 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.
45.4 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.
45.5 This clause does not apply to Casual Employees or within the first 6 months of employment
(clause 48.2) or during a probation period (clause 12.3).
Monitoring and Feedback
45.6 Performance monitoring and feedback is provided to Employees on an ongoing basis, through
regular discussions with their supervisor (including during the PPDR process (clause 38)).
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Stage 1- Informal process
45.7 If a performance concern with an Employee is identified, the supervisor will consider if the
concern is Unsatisfactory Performance.
45.8 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 45.18;
(b) has been the subject of a previous informal performance management process at clause
45.9within the previous 12 months and may therefore commence the procedures from
clause 45.10;
(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 45.9.
Initial Meeting
45.9 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 considered
necessary to assist the Employee to address the performance concern.
Stage 2 - Formal Process - Performance Improvement Plan
45.10 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.
45.11 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 clause 45.12below.
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45.12 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.
45.13 The Employee will be given an opportunity to comment on the performance improvement plan
prior to finalisation by the supervisor.
45.14 The supervisor will monitor the performance improvement plan and meet with the Employee as
appropriate to provide feedback about their progress.
45.15 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
45.16 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.
45.17 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
45.18 The senior Executive will advise the Employee in writing of the details of Unsatisfactory
Performance and provide copies of relevant documents to the Employee.
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45.19 The Employee will have 5 working days to make a written submission to the Senior Executive,
including any mitigating circumstances.
45.20 The Senior Executive will consider the details of the Unsatisfactory Performance, the
Employee's response, the supervisor's application of the process from clause 45.10to clause
45.15and relevant documents prior to making a determination.
45.21 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.
45.22 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 45.23.
45.23 A review of the action taken in accordance with clause 45.21(c) must be on one or more of the
following grounds:
(a) there is insufficient evidence to support the finding of unsatisfactory performance;
(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.
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45.24 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.
45.25 Where the employee seeks a review of the decision, in accordance with clause 45.24, the Vice
Chancellor must establish a Review Panel within 10 working days to consider the case for
review.
45.26 Where an employee does not seek a review of a recommendation, in accordance with clause
45.23within 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 from the receipt of the written
advice, in accordance with clause 45.21(c).
Review Panel
45.27 A Review Panel will be constituted as follows:
(a) a Chairperson (who is not a union official) agreed between the Vice-Chancellor and the
NTEU (such a list will be reviewed on an annual basis, or more regularly if required, by
the Joint Consultative Committee);
(b) an Employee nominated by the University; and
(c) an Employee nominated by the NTEU.
45.28 The panel members will not have been materially involved in any way in the process.
45.29 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.
45.30 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 (but not a solicitor or barrister in private practice);
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(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;
(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 all 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.
45.31 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.
45.32 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.
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45.33 The Vice-Chancellor will advise the Employee in writing of their decision within five working days.
45.34 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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46. Misconduct and Serious Misconduct
General
46.1 Employees are entitled to natural justice and procedural fairness in connection with the
management of Misconduct or Serious Misconduct allegations.
46.2 Employees may choose to bring a support person or their Representative to meetings held in
connection with this clause.
46.3 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.
46.4 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 first six months of
employment or during a Standard Probationary Period (clause 12.3(a)
Definitions
46.5 Misconduct means conduct of a kind which is unsatisfactory, including:
(a) conduct of a kind that constitutes an impediment to the carrying out of an employee's
duties or to other employees 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 Research Rule; or
(iii) a failure to follow a reasonable and lawful direction.
46.6 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 employees carrying out their duties; or
(b) a serious dereliction of duties.
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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 44.6.(a);
(iii) theft, fraud, assault;
(iv) serious or repeated bullying or harassment, including sexual harassment;
(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;
(vii) wilful or serious breaches of the UNE Code of Conduct.
46.7 Remedial Action may include one or more of the following:
(a) guidance,
(b) counselling,
(c) a requirement to undertake reasonable development activities,
(d) a requirement to attend reasonable training and/or coaching,
(e) informal warning,
(f) mediation and/or
(g) an alternative and agreed dispute resolution.
46.8 Disciplinary Action is limited to:
(a) formal written censure, reprimand or warning;
(b) a requirement to attend training;
(c) withholding a salary increment for up to one (1) year;
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(d) demotion to a lower level position with the resulting reduction in salary;
(e) termination of employment. Termination of employment will only occur in accordance
with the Agreement for Serious Misconduct.
Procedures
46.9 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
46.10 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. The University Officer will clearly
state to the Employee that the discussion is part of a preliminary assessment of Misconduct or
Serious Misconduct.
46.11 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 UN E Code of Conduct for Research Rule} may deal with the matter as follows:
(a) dismissing the matter and notifying the Employee in writing;
(b) referring the matter to an alternate 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
46.12 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.
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46.13 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.
46.14 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.
46.15 The Senior Executive will consider any response from the Employee in clause 46.14(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.
(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; or
(ii) demotion to a lower level position with the resulting reduction in salary; or
(iii) that consideration is given to termination of employment. Termination of
employment will only occur in accordance with Agreement in cases of Serious
Misconduct.
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Investigation
46.16 If the Employee denies the allegations of Misconduct or Serious Misconduct in full or in part, 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.
46.17 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 Investigator’s 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.
46.18 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
46.19 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).
46.20 Where such a Committee is established, it will comprise:
(a) A Chairperson (who is not a union official) agreed between the Vice-Chancellor and the
NTEU, from a list of Chairpersons agreed between the University and NTEU (such list
will be reviewed on an annual basis, or more regularly if required, by the Joint
Consultative Committee-);
(b) an Employee nominated by the University; and
(c) an Employee nominated by the NTEU.
46.21 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
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.
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46.22 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 (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
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(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
46.23 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
with clause 46.15(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.
46.24 The Vice-Chancellor will consider the report, its recommendations and any written response
from the Employee and will determine such action as they deem appropriate. For matters that
have been before a Misconduct Investigation Committee, if the Vice- Chancellor believes that
the matter(s) may constitute serious misconduct they 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.
46.25 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.
46.26 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
46.27 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
46.28 and the Employee will be advised in writing of the reasons for the suspension. The Vice
Chancellor may remove the suspension at any time.
46.28 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
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(c) the Employee has refused or failed to respond to allegations of Misconduct or Serious
Misconduct.
46.29 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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47. Resignation
47.1 A Continuing, Continuing Contingent or Fixed Term Employee may resign from their
employment with the University by giving the required period of notice in writing of their intended
resignation.
47.2 The required period of notice (unless otherwise agreed between the University and the
Employee) will be:
Level Notice
Level A through to Level C 4 weeks
Level D and Level E 8 weeks
47.3 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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48. Termination of Employment
48.1 All decisions to terminate employment will only occur in accordance with the terms of this
Agreement.
48.2 Within the first 6 months of employment, the University may terminate the employment of a non-
probationary academic for obvious and substantial, or obvious and repeated, and demonstrated
unsuitability for the position.
48.3 Except as otherwise provided for elsewhere in this Agreement, the Employee must be given the
following minimum period of notice or payment in lieu 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
48.4 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.
48.5 The University may terminate the employment of Casual Employees on the giving of 1 hour’s
notice.
48.6 On termination of employment, or earlier during the notice period on request, Employees must
return all University property to the University.
48.7 If an employee is absent for a period of more than 5 working days without reasonable
explanation following reasonable attempts to contact them, the Employee may be deemed to
have abandoned their employment.
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49. Medical Retirement
49.1 Where the University believes that the capacity of an Employee to perform their duties is in
serious doubt due to health reasons, the University may require, in writing, an Employee to
undergo a medical assessment by a medical practitioner chosen by the University, for the
purpose of providing a report to the University.
49.2 The University will provide the Employee with written notice of the medical examination of not
less than 4 weeks. The written notice will also contain a copy of this clause and a statement that
an Employee may wish to contact their superannuation fund about temporary or permanent
disability. A shorter period of notice may be mutually agreed having regard to the availability of
medical services. Agreement will not be unreasonably withheld.
49.3 When the written notice is given, the Employee may elect during the notice period in
clause49.2to 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
49.24 and 49.25apply.
49.4 The cost of the medical examination and the reasonable expenses of the Employee in attending
the examination will be borne by the University.
49.5 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.
49.6 Subject to the provision of medical certificates as may be required, the Employee will remain 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.
49.7 The medical practitioner will be asked to provide a report (First Report) about their assessment,
the purpose of which is to determine whether the Employee is fit or not to perform the Employee's
duties and is likely or not to be able to resume them within a reasonable period being no less
than 12 months. If it is a temporary incapacity (i.e. of a duration of less than 12 months), 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.
49.8 A copy of the report made by the medical practitioner will be made available to the University,
the Employee and the Employee's doctor.
49.9 If the First Report 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
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may, subject to clauses 49.10 and 49.11terminate the employment of the Employee in
accordance with the notice required by the Employee's contract of employment, or where no
notice is specified a period of 26 weeks. The Employee will receive payment in lieu of notice.
49.10 However, prior to taking action to terminate the employment of an Employee, the University will
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 terminate employment.
49.11 If the Employee wishes to review the findings contained in the First Report, the Employee must
do so by giving the University written notice of an appeal within 14 days of the First Report being
made available, and the Vice-Chancellor will not terminate the employment of the Employee in
accordance with clause 49.9while the appeal process is underway.
Review
49.12 An independent specialist agreed to between the University and the Employee, or where the
Employee requests the NTEU, will be appointed to carry out a second assessment and provide
a Second Report. The registered medical practitioner where practicable, should specialize or
have experience in the area related to the illness or injury.
49.13 Every effort will be made by the University, the Employee and the NTEU as applicable to appoint
the specialist no less than 7 calendar days from the Employee's appeal being received by the
Vice-Chancellor. If agreement cannot be reached within this period, the President of the NSW
Branch of the AMA or of the relevant college of specialists will be asked to nominate an
appropriate independent specialist.
49.14 The nominated specialist cannot include any practitioner who has made any other medical
assessment or report relating the medical retirement process for this Employee, or who has
otherwise treated this Employee.
49.15 The cost of the second assessment by the independent specialist will be borne by the University.
49.16 The Employee will remain on paid sick leave during the notice period. If the Employee's
entitlement to sick leave has been exhausted, they can use annual leave or long service leave
if applicable.
49.17 Before making an assessment, the independent specialist will be provided with the relevant
position statement/classification descriptor, a statement of the University’s concerns, and the
First Report. The Employee will be able to provide the independent specialist with their
responses, including material from the Employee's own registered health practitioner or
specialist. The independent specialist is to be provided with this information from the employer
and Employee within 7 calendar days of the appointment of the independent specialist.
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49.18 The independent specialist will be asked to assess whether the Employee (whether on the
grounds identified in the First Report or otherwise) is fit or not to perform the Employee's duties
and is likely or not to be able to resume them within a reasonable period being no less than 12
months.
49.19 The independent specialist will make their assessment of the Employee, and provide a written
report (Second Report) to the University regarding the Employee's fitness to perform their duties.
In making their assessment, they may make further enquiries as they deem necessary. They
will be requested to do so as expeditiously as possible, and no longer than 4 weeks after they
receive the information in clause 49.17.
49.20 The University will provide the Second Report to the Employee.
49.21 If the Second Report confirms the findings of the First Report, or states that the Employee
(whether on the grounds identified in the First Report or otherwise) is not fit to perform the
Employee's duties and is unlikely to be able to resume them within a reasonable period being
no less than 12 months, then the University may provide the Employee with written notice of
termination of the Employee's employment effective immediately, in which case the Employee
will receive payment in lieu of the notice period applicable to their contract of employment.
49.22 If the Second Report does not confirm the findings of the First Report, or provides that the
Employee is fit to perform their duties, or will become so fit within a reasonable period being no
more than 12 months, then the University will rely on the Second Report as the basis on which
to determine the Employee's return to work.
49.23 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 terminate the Employee's employment, 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.
Superannuation Applications
49.24 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.
49.25 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 to seek the First Report.
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PART 9 - DISPUTES AND GRIEVANCES
50. Grievance Resolution
Operation of clause
50.1 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 51. 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.
50.2 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.
50.3 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).
50.4 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.
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50.5 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.
(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.
50.6 Principles
(a) The University is committed to maintaining and developing a harmonious, fair and
productive working environment.
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(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.
(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 grievance will not proceed. If the determination is that the Complaint or
Grievance is not frivolous or vexatious, the grievance will proceed through the formal
resolution process as set out in clauses 50.9 to 50.1148.12 below. The Director People
and Culture will aim to make such a determination within 5 working days of the receipt
of the staff grievance form.
(j) 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.
50.7 Step 1 – Complaint
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(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
Human Resource Services, who will seek to resolve the matter by informal
means, including by assisted/facilitated discussions between the parties and
arranging mediation by a trained mediator (with the consent of both parties).
Wherever possible, such resolution methods must be attempted within ten business
days of the Complaint being made.
(b) If the 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.
50.8 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.
(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 of Human Resources (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 or Serious Misconduct, the matter will be addressed in accordance with the
relevant Misconduct/Serious Misconduct procedures in this Agreement.
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(d) Upon the conclusion of any other process referred to above, the Grievance or Complaint
will resume at Step 2.
50.9 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 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 by 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; and
(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 3result 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 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 the Respondent.
50.10 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).
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(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.
(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.
50.11 Step 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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51. Dispute Resolution
51.1 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.
51.2 An Employee may be represented by their union or a person of their choice at any stage of the
Dispute Resolution process.
51.3 Until the procedures described in clause 51.4have 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.
51.4 If there is an industrial dispute the following procedure must be followed:
(a) In the first instance, an Employee/s and/or their NTEU 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.
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(c) Should the dispute not be resolved by the process referred to at clauses 51.4(a) and
51.4(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 date
on which the parties agree the dispute has not resolved (unless the parties agree in
writing to a different timeframe) otherwise the dispute will be deemed to have lapsed.
51.5 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.
51.6 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
52. Intellectual Freedom
52.1 The University is committed to act in a manner consistent with the protection and promotion of
intellectual freedom within the University.
52.2 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.
52.3 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;
52.4 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.
52.5 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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53. Union Matters
Office Facilities
53.1 The University will provide to the NTEU, free of charge, access to secure offices connected to
power, phone lines etc. for the purpose of carrying out the legitimate business of the Union as
the representatives of Employees in relation to the matters included in this Agreement. The
NTEU will pay for any costs associated with telephones, faxes and internet access and the
University will pay for the cost of power and water.
53.2 The University will provide access to notice boards to the NTEU in each University building for
the display of materials authorised by the Unions.
Employee Inductions
53.3 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 NTEU
membership forms to Employees at induction sessions.
53.4 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
53.5 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 the Union will be entitled to cancel the arrangement by advice in
writing.
53.6 The University will not increase the amount (or where applicable the rate), if any, of charge for
any such deduction.
Union Rights
53.7 Accredited union delegate means an Employee who has been identified by the NTEU as such,
being one of the following:
(a) the UNE NTEU Campus Executive, and/or
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(b) 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
UNE NTEU Campus Executive cannot exceed the limits set out in the State NTEU rules.
53.8 The Branch President of the NTEU 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.
53.9 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.
53.10 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.
53.11 Such leave will count as service for all purposes.
53.12 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.
53.13 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.
53.14 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.
53.15 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.
53.16 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.
134
Time Release
53.17 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.
53.18 Union delegates 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.
53.19 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.
53.20 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.
53.21 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.
53.22 The University will set aside funding at the rate of 25% of one Senior Lecturer salary for the
purpose of reimbursing Schools or Directorates for the cost of accredited Union delegates
participating in NTEU activities. This will be held in a special purpose account and
reimbursement would be made on request by the relevant Executive Officer, via the Chief
Financial Officer.
53.23 The parties to the Agreement acknowledge that the purpose of sub-clauses 53.1to 53.15above
and clause 6are to benefit the University's Employees by facilitating the provision of effective
and accessible industrial representation.
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54. Delegates’ Rights
54.1 Clause 54 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 54.
54.2 In clause 54:
(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.
54.3 Before exercising entitlements under clause 54, 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.
54.4 An employee who ceases to be a workplace delegate must give written notice to UNE within 14
days.
54.5 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
136
(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.
54.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of
representing their industrial interests under clause 54.5. 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.
54.7 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
54.7(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.
137
54.8 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.
(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 53.9.
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54.9 Exercise of entitlements under clause 54
(a) A workplace delegate’s entitlements under clause 54 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 54 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 54 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 54.
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55. Childcare Facility
55.1 The University will maintain, or make adequate provision for, a childcare facility on campus for
the life of this agreement.
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56. Right to Disconnect
56.1 This clause provides for the exercise of an employee’s right to disconnect under section 333M
of the FW Act.
56.2 UNE will not directly or indirectly prevent an employee from exercising their right to disconnect
under the FW Act.
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SCHEDULE A- SALARY RATES- FULL TIME ACADEMIC STAFF
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
E $193,686.00 $197,559.72 $203,486.51 $209,591.11 $220,489.84
D b+3 $165,834.00 $169,150.68 $174,225.20 $179,451.96 $188,783.46
D b+2 $160,771.00 $163,986.42 $168,906.01 $173,973.19 $183,019.80
D b+1 $155,709.00 $158,823.18 $163,587.88 $168,495.51 $177,257.28
D base $150,646.00 $153,658.92 $158,268.69 $163,016.75 $171,493.62
C b+5 $144,321.00 $147,207.42 $151,623.64 $156,172.35 $164,293.31
C b+4 $140,517.00 $143,327.34 $147,627.16 $152,055.98 $159,962.89
C b+3 $136,725.00 $139,459.50 $143,643.29 $147,952.58 $155,646.12
C b+2 $132,923.00 $135,581.46 $139,648.90 $143,838.37 $151,317.97
C b+1 $129,130.00 $131,712.60 $135,663.98 $139,733.90 $147,000.06
C base $125,329.00 $127,835.58 $131,670.65 $135,620.77 $142,673.05
B b+5 $121,534.00 $123,964.68 $127,683.62 $131,514.13 $138,352.86
B b+4 $117,736.00 $120,090.72 $123,693.44 $127,404.24 $134,029.27
B b+3 $113,939.00 $116,217.78 $119,704.31 $123,295.44 $129,706.81
B b+2 $110,138.00 $112,340.76 $115,710.98 $119,182.31 $125,379.79
B b+1 $106,346.00 $108,472.92 $111,727.11 $115,078.92 $121,063.02
B base $102,546.00 $104,596.92 $107,734.83 $110,966.87 $116,737.15
A b+7 $97,479.00 $99,428.58 $102,411.44 $105,483.78 $110,968.94
A b+6 $94,192.00 $96,075.84 $98,958.12 $101,926.86 $107,227.06
A b+5* $90,902.00 $92,720.04 $95,501.64 $98,366.69 $103,481.76
A b+4 $87,608.00 $89,360.16 $92,040.96 $94,802.19 $99,731.91
A b+3 $84,318.00 $86,004.36 $88,584.49 $91,242.03 $95,986.61
A b+2 $80,265.00 $81,870.30 $84,326.41 $86,856.20 $91,372.72
A b+1 $76,216.00 $77,740.32 $80,072.53 $82,474.71 $86,763.39
A base $72,166.00 $73,609.32 $75,817.60 $78,092.13 $82,152.92
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SCHEDULE B - SALARY RATES - CASUAL ACADEMIC STAFF
The minimum salaries paid to employees employed on a casual basis will be at the rates provided in
this clause. These rates are derived from three base rates calculated using the following formulae:
Rate applicable for possession of a relevant doctoral qualification
The base rate applicable where the employee possesses a relevant doctoral qualification is determined
by reference to the sixth step of the full-time Level A scale and calculated as follows:
Sixth step of the full-time Level A scale /52 + 25%
37.5
Lecturing and higher marking rate
The base rate applicable to lecturing, full unit co-ordination, or for purposes of the higher marking rate
is determined by reference to the second step of the full-time Level B scale and calculated as follows:
Second step of the full-time Level B scale /52 + 25%
37.5
Rate applicable to all other duties
The base rate applicable to all other duties including tutoring rates is determined by reference to the
second step of the full-time Level A scale and calculated as follows:
Second step of the full-time Level A scale /52 + 25%
37.5
Definitions
Lecture/Tutorial
(a) "Lecture" or "tutorial" means any educational delivery described as a lecture or tutorial
respectively in a course or unit outline, or in an official timetable issued by the University.
A lecture or tutorial may be face to face teaching or tutoring respectively or equivalent
delivery through a different mode.
(b) A tutorial is a supplementary form of education delivery where matters already covered
elsewhere in a course are discussed, clarified or elaborated. A tutorial is conducted in a
small group to enable effective student participation. A tutorial is conducted in
143
accordance with guidelines issued by the lecturer in charge of the unit. Responsibility for
the course rests with the lecturer in charge of the unit not the casual employee.
Demonstration
(a) A "demonstration" (howsoever called) involves the performance of such duties as the conduct
of practical classes by setting up or supervising the correct method of use of equipment; issuing
prepared instructions about experimental procedures or projects from the lecturer; supervising
undergraduate students in carrying out experiments or laboratory work and being a source of
technical advice.
(b) The hourly rate of pay for demonstrating and other duties encompasses one hour of student
contact time only. Any work required outside the one hour (marking, giving a lecture or tutorial,
attending a meeting or lecture, preparation time or other duties) will be paid as appropriate in
accordance with Schedule B of this Agreement.
(c) Responsibility for the course rests with the lecturer in charge of the unit not the casual
performing demonstrating or other duties.
Higher Marking
Higher marking means marking as a supervising examiner, honours level or above, or requiring a
significant exercise of academic judgement at level B status.
Musical Accompanying with Special Educational Services
The term 'musical accompanying with special educational services' means the provision of musical
accompaniment to one or more students or staff in the course of teaching by another member of the
employees in circumstances where the accompanist deploys educational' expertise in repertoire
development or expression for student concert or examination purposes, but does not include concert
accompanying, vocal coaching or musical directing.
Ph.D. rate
This rate is applicable where the employee possesses a relevant doctoral qualification. Payment of
Relevant Doctoral Qualification Rate must be supported by documentation from the supervisor of the
casual employee advising of the qualification and relevance of the qualification to the activity being
undertaken.
Undergraduate Clinical Nurse Education
The term "undergraduate clinical nurse education" means the conduct of undergraduate nurse education
in a clinical setting.
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Unit Coordination rate
This rate is applicable where the duties include full unit coordination and the activity is related to that
unit.
Other Required Academic Activity
For the purposes of this clause, "other required academic activity" will include work that a person, acting
as or on behalf of the employer of a casual employee, requires the employee to perform and that is
performed in accordance with any such requirements, being work of the following nature:
(a) the conduct of practical classes, demonstrations, workshops, student field excursions;
(b) the conduct of clinical sessions other than clinical nurse education;
(c) the conduct of performance and visual art studio sessions;
(d) musical coaching, repetiteurship, and musical accompanying other than with special
educational services;
(e) development of teaching and unit materials such as the preparation of unit guides and reading
lists and basic activities associated with unit co-ordination;
(f) consultation with students;
(g) supervision;
(h) attendance at lectures;
(i) attendance at Faculty and/or School meetings, and/or a meeting with a unit
coordinator/supervisor as required; and
(j) directed to attend at (rather than deliver) lectures or other teaching activities.
The above list is not intended to be exhaustive, but is provided by way of examples and guidance.
Casual Lecturing
A casual employee required to deliver a lecture (or equivalent delivery through face-to-face teaching
mode) of a specific duration and related associated non -contact duties in the nature of lecture
preparation, contemporaneous marking, student consultation and administration of records associated
with that group of students will be paid at a rate for each hour of lecture delivered, according to the
following table:
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Casual
Lecturing
Delivery
Time
(hours)
Associated
Working
Time
(hours)
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
Basic
Lecture
1 2 $204.51 $208.60 $214.85 $221.30 $232.81
Developed
Lecture
1 3 $272.68 $278.13 $286.48 $295.07 $310.41
Specialised
Lecture
1 4 $340.86 $347.68 $358.11 $368.85 $388.03
Repeat
Lecture
1 1 $136.34 $139.07 $143.24 $147.54 $155.21
The hourly rate in a repeat lecture applies to a second or subsequent delivery of substantially the same
lecture in the same subject matter, within a period of seven (7) days and any marking and student
consultation contemporaneous with it.
A casual employee who performs full or the majority of unit co-ordination work will be paid at the
appropriate casual Lecture rate for each hour of teaching.
Casual Tutoring
A casual employee required to deliver and present tutorials (or equivalent delivery through other than
face-to-face teaching mode) of a specified duration and related associated non contact duties in the
nature of preparation, contemporaneous marking, student consultation and administration of records
associated with that group of students will be paid at a rate for each hour of tutorial delivered or
presented, according to the following table:
Casual
tutoring
Delivery
Time
Associated
Working
Time
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
Tutorial 1 hour 2 hours $146.5623 $149.49 $153.98 $158.60 $166.84
Repeat
Tutorial
1 hour 1 hour $97.7156 $99.67 $102.66 $105.74 $111.24
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The following rates are applicable where the employee possesses a relevant doctoral qualification.
Payment of Relevant Doctoral Qualification.
Casual
Tutoring
(with
PhD)
Delivery
Time
Associated
Working
Time
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
Tutorial 1 hour 2 hours $174.81 $178.31 $183.65 $189.16 $199.00
Repeat
Tutorial
1 hour 1 hour $116.54 $118.87 $122.43 $126.11 $132.66
The following rates are applicable where the duties include full unit coordination.
Casual
Tutoring
with Full Unit
Coordination
Delivery
Time
Associated
Working
Time
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
Tutorial 1 hour 2 hours $204.51 $208.60 $214.85 $221.30 $232.81
Repeat
Tutorial
1 hour 1 hour $136.34 $139.07 $143.24 $147.54 $155.21
The hourly rate in a repeat tutorial applies to a second or subsequent delivery of substantially the same
tutorial, in the same subject matter within a period of seven (7) days and any marking and student
consultation contemporaneous with it.
Casual Marking
Casual staff performing marking that is not contemporaneous within a lecture, tutorial or other teaching
session will be paid by the hour for marking.
147
Casual Marking 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
Standard
Marking
$48.86 $49.83 $51.33 $52.87 $55.62
Marking as a
supervising
examiner, hons
level or above, or
requiring
significant
exercise of
academic
judgment at level
B status
$68.16 $69.52 $71.61 $73.76 $77.59
Ph.D. rate $58.27 $59.44 $61.22 $63.06 $66.34
Unit
Coordination
Rate
$68.16 $69.52 $71.61 $73.76 $77.59
Musical Accompanying with Special Educational Services
For musical accompanying, the casual employee will be paid for each hour of accompanying, as well as
for one hour of preparation time for each hour of accompanying delivered as provided below:
Musical
Accompanying
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
Musical
Accompanying
(1 hour of
delivery and 1
hour
preparation
time)
$97.72 $99.67 $102.66 $105.74 $111.24
Ph.D. rate $116.54 $118.87 $122.43 $126.11 $132.66
Unit
Coordination
Rate
$136.34 $139.07 $143.24 $147.54 $155.21
148
Undergraduate Clinical Nurse Education
A casual employee required to provide undergraduate clinical nurse education will be paid for each hour
of clinical education delivered, together with directly associated non-contact duties in the nature of
preparation, contemporaneous marking and student consultation according to the following table:
Undergraduate
Clinical Nurse
Education
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
Little
preparation
required (1 hour
of delivery and
0.5 hours
associated
working time)
$73.28 $74.75 $76.99 $79.30 $83.42
Normal
preparation
required (1 hour
of delivery and
1 hours
associated
working time)
$97.72 $99.67 $102.66 $105.74 $111.24
Ph.D. rate -
Little
preparation
required (1 hour
of delivery and
0.5 hours
associated
working time)
$87.41 $89.16 $91.83 $94.59 $99.51
Ph.D. rate -
Normal
preparation
required (1 hour
of delivery and
1 hours
associated
working time)
$116.54 $118.87 $122.43 $126.11 $132.66
Unit
Coordination
Rate - Little
$102.25 $104.30 $107.43 $110.65 $116.40
149
preparation
required (1 hour
of delivery and
0.5 hours
associated
working time)
Unit
Coordination
Rate - Normal
preparation
required (1 hour
of delivery and
1 hours
associated
working time)
$136.34 $139.07 $143.24 $147.54 $155.21
Other Required Academic Activity
A casual employee required to perform any other required academic activity will be paid at an hourly
rate as prescribed in the following tables for each hour of such activity delivered as required and
demonstrated to have been performed.
Other
Required
Academic
Activity
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
Other required
academic
activity
$48.86 $49.83 $51.33 $52.87 $55.62
Ph.D. rate $58.27 $59.44 $61.22 $63.06 $66.34
Unit
Coordination
Rate
$68.13 $69.49 $71.58 $73.73 $77.56
150
SCHEDULE C- SALARY RATES- ELC TEACHING STAFF
1. The salary rates for ELC Teaching Staff will be:
ELC Salary
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
1 $67,954.00 $69,313.08 $71,392.47 $73,534.25 $77,358.03
2 $70,688.00 $72,101.76 $74,264.81 $76,492.76 $80,470.38
3 $74,567.00 $76,058.34 $78,340.09 $80,690.29 $84,886.19
4 $77,373.00 $78,920.46 $81,288.07 $83,726.72 $88,080.51
5 $80,185.00 $81,788.70 $84,242.36 $86,769.63 $91,281.65
6 $82,992.00 $84,651.84 $87,191.40 $89,807.14 $94,477.11
7 $85,814.00 $87,530.28 $90,156.19 $92,860.87 $97,689.64
8 $89,253.00 $91,038.06 $93,769.20 $96,582.28 $101,604.56
9 $92,500.00 $94,350.00 $97,180.50 $100,095.92 $105,300.90
10 $95,447.00 $97,355.94 $100,276.62 $103,284.92 $108,655.73
2. The minimum salary payable for an employee appointed _to the position of Head Teacher will
be a percentage based on the total salary for Level 10 as outlined below:
Position Percentage
based on
salary of
level 10
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
Head
Teacher
(ELC) Step
1
110% $104,991 $107,090.82 $110,303.54 $113,612.65 $119,520.51
Head
Teacher
(ELC) Step
2
112.50% $107,377 $109,524.54 $112,810.28 $116,194.58 $122,236.70
Head
Teacher
(ELC) Step
3
114.50% $109,286 $111,471.72 $114,815.87 $118,260.35 $124,409.89
151
3. The minimum salary payable for an employee appointed to the position of Academic Manager
will be a percentage based on the total salary for Level 10 as outlined below:
Academic
Manager
(ELC)
Percentage
based on
salary of
level 10
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
Step 1 115% $109,764.00 $111,959.28 $115,318.06 $118,777.60 $124,954.04
Step 2 120% $114,535.00 $116,825.70 $120,330.47 $123,940.39 $130,385.29
Step 3 125% $119,309.00 $121,695.18 $125,346.04 $129,106.42 $135,819.95
Step 4 130% $124,081.00 $126,562.62 $130,359.50 $134,270.28 $141,252.34
CASUAL ENGLISH LANGUAGE TEACHER SALARY RATES
4. A casual employee will be paid the following minimum rates. The casual rate includes a 25%
loading in lieu of annual leave, annual leave loading, sick leave and other leave.
a. The casual teaching rate includes one hour of face-to-face teaching and a three-
quarters of an hour non-teaching duties.
This rate is determined by reference to the second step of the full-time Teacher salary
scale and is calculated as follows:
Step 2 salary/52.179 + 25%
20 (full time teaching contact hrs)
b. For each hour of non-teaching duties performed
This rate is determined by reference to the second step of the full-time Teacher salary
scale and is calculated as follows:
Step 2 salary/52.179 + 25%
35hrs/wk
Position 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
Rate 1 -
Teaching
$84.67 $86.37 $88.96 $91.63 $96.39
152
Rate 2 - Non-
teaching
$48.39 $49.35 $50.83 $52.36 $55.08
153
SCHEDULE D - ALLOWANCES
1. The allowances contained in this Schedule will be increased in line with agreed salary increases.
A UNE Official, that is an email, will be sent to all affected employees advising of these
increases.
Unit Course Co-Ordinator
2. Where an employee at Level A is required to undertake the co-ordination of a teaching unit for
an approved teaching term, the employee will be paid an allowance for the duration of such
duties which equates to the difference between the employee's substantive salary and Base
Level B.
3. Where an employee below Level C is required to co-ordinate awards for an approved teaching
term or act as course convenor, the employee will be paid an allowance for the duration of such
duties, which equates to the difference between the employee's substantive salary and Base
Level C.
4. Employees who have undertaken any of the above duties for more than one year will be entitled
to incremental advancement within the appropriate classification.
Health & Safety Representative
5. Staff elected as Health and Safety Representatives (see Definitions - clause 4) will be paid an
allowance equivalent to the First Aid allowance.
Working Offshore
6. This clause 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.
7. 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.
8. 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.
Other
9. The following allowances will be paid to employees where appropriate in table 1 at the rates set
out in table 2 below.
154
TABLE 1 – Allowance Application
Allowance Current Rate at Expiration
of Previous Agreement
Application
Motor Vehicle Any size engine – 87 cents
per kilometre
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 staff's private
motor vehicle in connection with University
business.
Travel-Meal Breakfast-$24.02
Lunch-$30.02
Dinner-$48.02
per day
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 staff leaves before or
returns later than the following times:
Meal Time of
Leaving
Time of
Returning
Breakfast 7:00am
Lunch 1:30pm
Dinner 6:30pm
Travel-Accommodation Actual costs, up to the
allowable Australian Tax
Office rates as adjusted by
the ATO will apply, based
on actual
receipts/documentation
provided.
Where an employee is absent from the
University on University business and the
absence extends overnight but does not
exceed fourteen days (14 days).
First Aid Qualification Actual cost of
training/certification
Costs paid to obtain and/or maintain the
qualification for an employee formally
appointed as a First Aid Officer
Table 2 – Allowance Rate
155
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
Motor vehicle
allowance (per
kilometre)
$0.87 $0.89 $0.91 $0.94 $0.99
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
First Aid Allowance
10. 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
First Aid
Allowance
(per annum)
$1,016.55 $1,036.88 $1,067.99 $1,100.03 $1,157.23
Indigenous Language Allowance
11. In accordance with clause 13.7, the following allowances will apply:
156
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
157
SCHEDULE E - DEFINTIONS
1. Teaching and related activities
Teaching is a scholarly activity that engages students in learning. It is informed and enriched by research
and scholarship, consultancy and/or professional practice. In the UNE context teaching aims to ensure
that students are provided with effective learning opportunities regardless of location.
Teaching encompasses a wide range of approaches including face-to-face teaching with large and small
groups, technology-mediated teaching, one-to-one and small group consultations, supervising students'
experience in work- based settings, advising students, assessing students' work, providing feedback on
students' progress, preparing teaching and course materials, facilitating students learning from peers,
building learning activities and resources, and contributing to curriculum design and development.
UNE is committed to the fundamentals of online, blended and on campus delivery such that it provides
rich learning experiences that can be accessed and used by both on and off campus students.
Teaching and related activities, include, but are not limited to:
a) ongoing development of new and revised curriculum, pedagogy, maintaining
currency and further development of course and unit content, identifying and
preparing teaching and learning materials, setting text books and other required
resources, assessment and unit/course learning resources for delivery on-campus,
online and at other campuses and delivery sites, both in Australia and overseas;
b) delivery to students through lectures, tutorials, laboratory classes, teaching
intensive schools, practicums, clinical education and training, work integrated
learning, project-based learning, performance, online presentations, research
projects, fieldwork and team teaching as required for all approved UNE units and
delivery modes;
c) effective engagement with students through positive on-campus interactions, high
standard online interaction and through professional technology-based
communication both synchronous (e.g. telephone, teleconferencing, virtual
classrooms) and asynchronous (email, discussion forums, social media);
d) setting, assessing, marking of all required student work including assignments,
quizzes, exams, portfolios, performances, clinical competency, projects and all
other approved assessable items;
e) engaging in professional development activities focused on teaching and
pedagogical practice, both as a teacher and as a student.
2. Research, creative achievement, scholarship and/or professional activity
158
Research encompasses a diverse range of activities, the purpose of which is the advance of knowledge
in a particular discipline or field. It refers to expected research activities, commitments and outputs in
each discipline.
Research related work includes, but is not limited to:
a) developing research ideas and concepts, research themes and specific projects;
b) writing research proposals, grant applications and securing external funding;
c) gaining required ethics, permits or other approvals prior to conducting research related
activities;
d) undertaking research projects;
e) supervision of honours and postgraduate research students;
f) supervising, mentoring and directing the research activities of other research staff;
g) leading the research activities of a university research centre or institute;
h) publication of research monographs, book chapters and peer reviewed research journal
articles;
i) presentation of research outcomes and results to academic peers at significant national and
international conferences;
j) acting as an invited reviewer or editor for research publications;
k) conducting original and creative performance work.
Scholarship of teaching and learning, creative achievement and professional activity encompasses a
diverse range of activities, the purpose of which is to inform the quality, innovation, currency and
evidence base of teaching and learning. The Scholarship component of academic work encompasses
the scholarly activities commitments and outputs that are in addition to the scholarly activities
incorporated in the teaching component of academic work.
Scholarship activities include but are not limited to:
a) attending and presenting at relevant workshops, seminars and/or conferences;
b) publishing papers in professional journals;
c) maintaining currency with existing teaching techniques and implementing unit delivery
through new approved teaching and learning technologies and platforms as required; and
d) leading initiatives and projects to support colleagues to improve the quality of teaching and
learning.
3. Service, leadership and administration
Service refers to the role of an employee as a citizen of the University, the community and relevant
profession. Service utilises an employee's expertise and must be relevant to the University's strategic
objectives.
159
Service to the University, the community and an academic employee's profession will endeavour to
enhance the reputation of the University. It is expected that Service to the community will foster
relationships between the University and a range of organisations in the community. In particular it
should explore prospective partnerships between University colleagues and outside organisations
through activities such as collaboration on projects of regional significance to the University and its
partner organisations.
Service and engagement related work, includes, but is not limited to:
a) Service to research related activities at the university including assessing grant
applications, examining theses, serving on ethics panels and serving as a member
on other approved university research related committees and panels as required;
b) Service in research also includes all work of a similar nature with other universities
and all research related service with national and international professional
discipline-based societies and associations;
c) Service to teaching and learning development including assessing teaching and
learning grant applications, serving on school, divisional or university education or
course committees, contributing to other university committees such as academic
board, and any IT related committee related to teaching and learning delivery
enhancement. Similar service in teaching and learning at a national and
international level is also recognised;
d) Supervision of other academic teaching staff, including fixed-term and casual staff;
e) Service to the university through engagement with any other approved university
committees or designated key activities such as open days, course and program
promotion events;
f) Any other service by way of significant academic engagement with an industry,
discipline or profession at a local, national or international level;
g) Service in community, government or corporate engagement related to an
academic's area of expertise;
h) Service to an approved regional engagement or development committee;
i) Service to improving Indigenous engagement at the university.
Administration includes, but is not limited to:
Course direction and course or unit coordination and all required activities related to the leadership of
courses, units and other elements of curricula, including:
a) preparing course and unit profiles and documentation
b) formal and informal advice to students, including administrative communication
c) course and unit grade submission reporting, and accountability for the integrity of
assessment results;
d) unit and course review, remediation and enhancement reporting
e) internal and external accreditation requirements;
160
f) management of guest and casual teaching staff for the course or unit
g) liaison with library, AV, learning technology and other teaching support services required
for high quality unit delivery
h) managing appeals, grievances or other student disciplinary matters;
i) initial investigation and identification of matters concerning academic integrity
j) liaison with professional bodies and industry partners where these inform course and unit
content;
k) liaison with third parties contracted to deliver UNE courses or units, where relevant.
161
SCHEDULE F -ACADEMIC EMPLOYEE CLASSIFICATION STANDARDS
LEVEL A
General Standard
A Level A academic is expected to make contributions to the teaching effort of the institution, particularly
at undergraduate and graduate diploma level and to carry out activities to develop their scholarly,
research and/or professional expertise relevant to the profession or discipline.
Specific Duties
Specific duties required of a Level A academic may include:
• Conduct of tutorials, practical classes, demonstrations, workshops, student field excursions,
clinical sessions and/or studio sessions.
• Preparation and delivery of lectures and seminars provided that skills and experience
demonstrate this capacity.
• Conduct of research.
• Involvement of professional activity.
• Consultation with students.
• Marking and assessment primarily connected with units in which the academic teaches.
• Production of teaching materials for students for whom the academic has responsibility.
• Development of unit material with appropriate guidance from the unit or course co-ordinator.
• Limited administrative functions primarily connected with units in which the academic
teaches.
• Acting as unit co-ordinators provided that skills and experience demonstrate this capacity.
• Attendance at departmental and/or Faculty meetings and/or membership of a limited
number of Committees.
A Level A academic will not be required to teach primarily in units which are offered only at Masters
level or above.
A Level A academic will work with support and direction from employees classified at Level B and above
and with an increasing degree of autonomy as the academic gains skill and experience. The most
complex levels of unit co-ordination should not be carried out by a Level A academic.
Skill Base
A Level A academic will normally have completed four years of tertiary study in the relevant discipline
and/or have equivalent qualifications and/or professional experience. In many cases a position at this
level will require an honours degree or higher qualifications, an extended professional degree, or a three-
year degree with a postgraduate diploma. In determining experience relative to qualifications, regard is
162
had to teaching experience, experience in research, experience outside tertiary education, creative
achievement, professional contributions and/or contributions to technical achievement.
163
LEVEL B
General Standard
A Level B academic is expected to make contributions to the teaching effort of the institution and to carry
out activities to maintain and develop their scholarly, research and/or professional activities relevant to
the profession or discipline.
Specific Duties
Specific duties required of a Level B academic may include:
• Conduct of tutorials, practical classes, demonstrations, workshops, student field excursions,
clinical sessions and studio sessions.
• Initiation and development of unit material.
• Acting as unit co-ordinators.
• Preparation and delivery of lectures and seminars.
• Supervision of the programme of study of honours students or of postgraduate students
engaged in course work.
• Supervision of major honours or postgraduate research projects.
• The conduct of research.
• Involvement in professional activity.
• Development of course material with appropriate advice from and support of more senior
staff.
• Marking and assessment.
• Consultation with students.
• A range of administrative functions the majority of which are connected with the units which
the academic teaches.
• Attendance at departmental and/or Faculty meetings and/or membership of a number of
committees.
Skill Base
A Level B academic will have qualifications and/or experience recognised by the institution as
appropriate for the relevant discipline area. In many cases a position at this level will require a doctoral
or masters qualification or equivalent accreditation and standing. In determining experience relative to
qualifications, regard is had to teaching experience, experience in research, experience outside tertiary
education, creative achievement, professional contributions and/or to technical achievement.
164
LEVEL C
General Standard
A Level C academic is expected to make significant contributions to the teaching effort of a department,
School, Faculty or other organisational unit or an interdisciplinary area. An academic at this level is also
expected to play a major role in scholarship, research and/or professional activities.
Specific Duties
Specific duties required of a Level C academic may include:
• Conduct of tutorials, practical classes, demonstrations, workshops, student field excursions,
clinical sessions and studio sessions.
• Initiation and development of course material.
• Course co-ordination.
• Preparation and delivery of lectures and seminars.
• Supervision of major honours or postgraduate research projects.
• Supervision of the programme of study of honours students and of postgraduate students
engaged in course work.
• The conduct of research.
• Significant role in research projects including, where appropriate, leadership of a research
team.
• Involvement in professional activity.
• Consultation with students.
• Broad administrative functions.
• Marking and assessment.
• Attendance at departmental and/or Faculty meetings and a major role in planning or
committee work.
Skill Base
A Level C academic will normally have advanced qualifications and/or recognised significant experience
in the relevant discipline area. A position at this level will normally require a doctoral qualification or
equivalent accreditation and standing. In determining experience relative to qualifications, regard will be
had to teaching experience, experience in research, experience outside tertiary education, creative
achievement, professional contributions and/or to technical achievement. In addition a position at this
level will normally require a record of demonstrable scholarly and professional achievement in the
relevant discipline area.
165
LEVEL D
General Standard
A level D academic is expected to make a significant contribution to all activities of the organisational
unit or interdisciplinary area and play a significant role within their profession or discipline. Academics
at this level may be appointed in recognition of distinction in their disciplinary area.
Specific Duties
Specific duties required of a Level D academic may include:
• The conduct of tutorials, practical classes, demonstrations, workshops, student field
excursions, clinical sessions and studio sessions.
• The development of and responsibility for curriculum/programs of study.
• Course co-ordination.
• The preparation and delivery of lectures and seminars.
• Supervision of major honours or postgraduate research projects.
• Supervision of the program of study of honours students and of postgraduate students
engaged in course work.
• The conduct of research, including, where appropriate, leadership of a large research team.
• Significant contribution to the profession, and/or discipline.
• High level administrative functions.
• Consultation with students.
• Marking and assessment.
• Attendance at departmental and Faculty meetings.
Skill Base
A Level D academic will normally have advanced qualifications and/or recognised significant experience
in the relevant discipline area. A position at this level will normally require a doctoral qualification or
equivalent accreditation and standing. In determining experience relative to qualifications, regard will be
had to teaching experience, experience in research, experience outside tertiary education, creative
achievement, professional contributions and/or to technical achievement. A position at this level will
normally require a record of demonstrable scholarly and professional achievement in the relevant
discipline area. In addition there is a requirement for academic excellence which may be evidenced by
an outstanding contribution to teaching and/or research and/or the profession.
166
LEVEL E
Geneal Standard
A Level E academic is expected to exercise a special responsibility in providing leadership and in
fostering excellence in research, teaching, professional activities and policy development in the
academic discipline within the department or other comparable organisational unit, within the institution
and within the community, both scholarly and general.
Specific Duties
Specific duties required of a Level E academic may include:
• Provision of a continuing high level of personal commitment to, and achievement in, a
particular scholarly area.
• The conduct of research.
• Course coordination.
• Fostering the research of other groups and individuals within the department or other
comparable organisational unit and within the discipline and within related disciplines.
• Development of research policy.
• Supervision of the program of study of honours students or of postgraduate students
engaged in course work.
• Supervision of major honours or postgraduate research projects.
• Making a distinguished personal contribution to teaching at all levels.
• The conduct of tutorials, practical classes, demonstrations, workshops, student field
excursions, clinical sessions and studio sessions.
• The preparation and delivery of lectures and seminars.
• Consultation with students.
• Marking and assessment.
• Playing an active role in the maintenance of academic standards and in the development
of educational policy and of curriculum areas within the discipline.
• Developing policy and being involved in administrative matters within the department or
• other comparable organisational unit and within the institution.
• Participating in and providing leadership in community affairs, particularly those related to
the discipline, in professional, commercial and industrial sectors where appropriate.
Skill Base
A Level E academic will normally have advanced qualifications and/or recognised significant experience
in the relevant discipline area. A position at this level will normally require a doctoral qualification or
equivalent accreditation and standing. In determining experience relative to qualifications, regard will be
had to teaching experience, experience in research, experience outside tertiary education, creative
achievement, professional contributions and/or to technical achievement. A position at this level will
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normally require a record of demonstrable scholarly and professional achievement in the relevant
discipline area. In addition there is a requirement for academic excellence which may be evidenced by
an outstanding contribution to teaching and/or research and/or the profession. A Level E academic will
be recognised as a leading authority in the relevant discipline area.
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SCHEDULE G-ACADEMIC (RESEARCH-ONLY) EMPLOYEE CLASSIFICATION STANDARDS
LEVEL A
General Standard
A Level A research-only academic is expected to contribute towards the research effort of the institution
and to develop the employee's research expertise through the pursuit of defined projects relevant to the
particular field of research.
Specific Duties
Specific duties required of a Level A research-only academic may include:
• The conduct of research under limited supervision either as a member of a team or, where
appropriate, independently, and the production or contribution to the production of
conference and seminar papers and publications from that research.
• Involvement in professional activities including, subject to availability of funds, attendance
at
• conferences and seminars in the field of expertise.
• Limited administrative functions primarily connected with the area of research of the
academic.
• Development of a limited amount of research-related material for teaching or other purposes
• with appropriate guidance from other staff.
• Occasional contributions to teaching in relation to the employee's research project(s).
• Experimental design and operation of advanced laboratory and technical equipment or
conduct of advanced research procedures.
• Attendance at meetings associated with research or the work of the organisational unit to
• which the research is connected and/or at departmental and/or Faculty meetings and/or
membership of a limited number of committees.
• Advice within the field of the employee's research to postgraduate students.
A Level A research-only academic will work with support, guidance and/or direction from staff classified
at Level B and above and with an increasing degree of autonomy as the research academic gains in
skill and experience.
Skill Base
A Level A research-only academic will normally have completed four years of tertiary study in the
relevant discipline or have equivalent qualifications or research experience. In many cases a position at
this level will require an honours degree or higher qualifications or equivalent research experience.
Research experience may have contributed to or resulted in publications, conference papers, reports or
professional or technical contributions which give evidence of research potential.
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LEVEL B
General Standard
A Level B research-only academic is expected to carry out independent and/or team research within the
field in which they are appointed and to carry out activities to develop the employee's research expertise
relevant to the particular field of research.
Specific Duties
Specific duties required of a Level B research-only academic may include:
• The conduct of research as a member of a team or independently, and the production of
conference and seminar papers and publications from that research.
• Supervision of research-support staff involved in the employee's research.
• Guidance in the research effort of junior members of research-only employees in their
research area.
• Contribution to the preparation, or where appropriate individual preparation, of research
• proposal submissions to external funding bodies.
• Involvement in professional activities including, subject to availability of funds, attendance
at conferences and seminars in the field of expertise.
• Administrative functions primarily concerned with the employee's areas of research.
• Occasional contributions in the teaching program within the field of the employee's
research.
• Co-supervision, or where appropriate supervision, of major honours or postgraduate
research projects within the field of the employee's area of research.
• Attendance at meetings associated with research or the work of the organisational unit to
which the research is connected and/or at departmental and/or Faculty meetings and/or
membership of a limited number of committees.
Skill Base
A Level B research-only academic will normally have completed a relevant doctoral qualification or have
equivalent qualifications or research experience. In addition they may be expected to have had post-
doctoral research experience which has resulted in publications, conference papers, reports or
professional or technical contributions which give evidence of research ability.
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LEVEL C
General Standard
A Level C research-only academic is expected to make independent or original contributions to the
research effort within the employee's field of research expertise and to the organisational unit or inter-
disciplinary area of which the employee is part. An academic at this level is expected to play a major
role in research including the exercise of some leadership in research.
Specific Duties
Specific duties required of a Level C research-only academic may include:
• The conduct of research and the production of conference and seminar papers and
publications from that research.
• Supervision of research-support staff and administrative staff involved in the employee's
research.
• Supervision, where appropriate, of the research of less senior research-only employees.
• Involvement, where appropriate, in the promotion of research links with outside bodies.
• Preparation of research proposal submissions to external funding bodies.
• Significant role in research projects including, where appropriate, leadership of research
teams or management of projects.
• Responsibility for the oversight of financial management of grants received for the
employee's research projects.
• Involvement in professional activities including, subject to availability of funds, attendance
at conferences and seminars in the field of expertise.
• Occasional contributions to the teaching program within the field of the employee's
research.
• Supervision of major honours or postgraduate research projects within the field of the
employee's area of research.
• Various research-related administrative functions.
• Attendance at meetings associated with research or the work of the organisational unit to
which the research is connected and/or at departmental and/or Faculty meetings and/or
membership of a limited number of committees.
Skill Base
A Level C research-only academic will normally have a relevant doctoral qualification or have equivalent
accreditation and standing together with subsequent research experience. A position at this level will
require a demonstrated strong record of publications, conference papers, reports and/or professional
and/or technical contributions in the relevant discipline area.
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LEVEL D
General Standard
A Level D research-only academic is expected to make major original contributions to the research
enterprise of the area in which they are appointed and to play a significant role within their profession or
discipline. Academics at this level may be appointed in recognition of marked distinction in their area of
their research or scholarship.
Specific Duties
Specific duties required of a Level D research-only academic may include:
• The conduct of independent research in which the academic may work as part of a team
and the production of conference and seminar papers and publications from that research.
• Supervision of research-support staff and administrative staff.
• A major role in all aspects of major research projects including management and/or
leadership of a large research project or teams.
• Supervision of the research of less senior research-only employees.
• Promotion of research links with outside bodies.
• Preparation of research proposal submissions to external bodies.
• Involvement in professional activities including, subject to availability of funds, attendance
at conferences and seminars in the field of expertise.
• Occasional contributions to the teaching program within the field of the employee's
research.
• Supervision of major honours or postgraduate research projects.
• Higher level research-related administrative functions.
• Some involvement in the development of research policy.
• Attendance at meetings associated with research or the work of the organisational unit to
which the research is connected and/or departmental and/or Faculty meetings and a major
role in planning and committee work.
• Significant contribution to the discipline in which the research efforts of the academic are
undertaken.
Skill Base
A Level D research-only academic will normally have the same skill base as a Level C research-only
academic. In addition there will be a requirement for academic excellence and outstanding contribution
to research and scholarship.
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LEVEL E
General Standard
A Level E research-only academic is expected to exercise a special responsibility in providing leadership
and in fostering excellence in research in the employee's area of research, in the organisation unit,
within the institution and within the scholarly and general community.
Specific Duties
Specific duties required of a Level E academic may include:
• Provision of a continuing high level of personal commitment to and distinguished
achievement in a particular area of research or scholarship.
• Fostering the research of other groups and individuals within the organisational unit and
more broadly within the institution.
• Development of research policy.
• Preparation of research proposal submissions to external bodies.
• Responsibility for the oversight of financial management of grants.
• The conduct of independent research in which the academic may provide leadership within
a team and the preparation of conference and seminar papers and publications from that
research.
• Supervision of research and administrative staff and other employees responsible to the
Level E research-only academic.
• Making a distinguished personal contribution to the conduct of research at all levels.
• Management of large research projects or teams.
• Developing policy and being involved in administrative matters within the department or
other comparable organisational unit and within the institution.
• Participating in community and professional activities related to the employee's disciplinary
area, including involvement in commercial and industrial sectors where appropriate.
• Involvement in professional activities including, subject to availability of funds, attendance
at conferences and seminars in the field of expertise.
• Occasional contributions to the teaching program within the field of the employee's
research.
• Supervision of major honours or postgraduate research projects.
• Attendance at meetings associated with research or the work of the organisational unit to
which the research is connected and/or departmental and/or Faculty meetings and a major
role in planning and committee work.
Skill Base
A Level E research-only academic will have the same skill base as a Level D research-only academic
but will be recognised as a leading authority in the area of research and scholarship.
Signed for and on behalf of:
University of New England
a.
a
| ature Dater [— “|
Professor Chris Moran
Vice-Chancellor & CEO
—_1_uwversity of New England——},—____
Full Name Authority to Sign
Address: University of New England, Elm Avenue, Armidale, NSW, 2351
Signed in the presenceof:
Ba= _ ZO “\2.2024-
Signature of witness Date
LISA Boa
Full Name
174
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: B2 20.12.2024 Signature of witness Date LISA BURR Full Name 174
175
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
Damien Cahill General Secretary
20/12/2024
1/120 Clarendon Street, South Melbourne VIC 3205
Renee Veal
20/12/2024
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2024/5189
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 respectto
the UNE Academic Staff Enterprise Agreement 2023 - 2026 ("the Agreement"):
A medically qualified full-time teaching and research academic employedin full
clinical departmentin a medical school and responsible for patient care at Level B
will be paid at least the following rate of pay:
Classification Salary
Level B - Base $110,379.00
Level B - B+1 $112,770.00
Employees engaged as Tutors or Instructors in the English Language Centrewill
be engagedfor a minimum of two hours on each occasion.
These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
Signature
Al-R-KOZE
Date
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2024/5189 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 Academic Staff Enterprise Agreement 2023 - 2026 ("the Agreement"): 1. A medically qualified full-time teaching and research academic employed in a full clinical department in a medical school and responsible for patient care at Level B will be paid at least the following rate of pay: Classification Salary Level B - Base $110,379.00 Level B - B+1 $112,770.00 2. Employees engaged as Tutors or Instructors in the English Language Centre will be engaged for a minimum of two hours on each occasion. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 21-2-2025 Date
