DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

HIGHER EDUCATION INDUSTRY—GENERAL STAFF—AWARD 2010
[MA000007]

4 yearly review of modern awards – Higher Education Industry—General Staff—Award 2010 – modern award varied.

A. Further to the decision [[2020] FWCFB 690] issued by the Full Bench of the Fair Work Commission on 14 February 2020, the Higher Education Industry—General Staff—Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation from 4 May 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 4 May 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Higher Education Industry—General Staff—Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 4
4. Coverage 4
5. Individual flexibility arrangements 5
6. Requests for flexible working arrangements 7
7. Facilitative provisions 8
Part 2— Types of Employment and Classifications 9
8. Types of employment 9
9. Full-time employment 10
10. Part-time employment 10
11. Fixed-term employment 10
12. Casual employment 12
13. Incidents of fixed-term contract of employment 14
14. Classifications 16
Part 3— Hours of Work 17
15. Ordinary hours of work and rostering 17
16. Breaks 18
Part 4— Wages and Allowances 18
17. Minimum rates 18
18. Payment of wages 22
19. Salary movement within a classification level 23
20. Allowances 24
21. Superannuation 24
Part 5— Overtime and Penalty Rates 25
22. Overtime 25
23. Penalty rates 28
Part 6— Leave and Public Holidays 28
24. Annual leave 28
25. Personal/carer’s leave and compassionate leave 33
26. Parental leave and related entitlements 33
27. Community service leave 34
28. Unpaid family and domestic violence leave 34
29. Public holidays 34
Part 7— Consultation and Dispute Resolution 34
30. Consultation about major workplace change 34
31. Consultation about changes to rosters or hours of work 36
32. Dispute resolution 36
Part 8— Termination of Employment and Redundancy 37
33. Termination of employment 37
34. Redundancy 38
Schedule A —Classification Definitions 40
Schedule B —Summary of Hourly Rates of Pay 57
Schedule C —Summary of Monetary Allowances 68
Schedule D —List of employers bound by the Higher Education Contract of Employment Award 1998 [AP784204] 80
Schedule E —Apprentices 82
Schedule F —School-based Apprentices 90
Schedule G — Supported Wage System 91
Schedule I —Agreement to Take Annual Leave in Advance 94
Schedule J —Agreement to Cash Out Annual Leave 95
Schedule K —Part-day Public Holidays 96

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Higher Education Industry—General Staff—Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
General staff means all employees throughout Australia in the higher education industry, as defined, and employees of university unions and student unions, other than:

(a) persons employed as academic staff;

(b) persons employed principally to teach ELICOS, TESOL or other English language courses;

(c) persons principally employed in the operation of theatrical venues used predominantly for commercial purposes or production companies engaged in the production of theatrical, musical or other entertainments on a commercial basis; and

(d) persons primarily employed to teach TAFE subjects that may be offered by an employer bound by this award.

HEW means higher education worker.
higher education industry has the meaning given in clause 4.2.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
PACCT staff means professional, administrative, clerical, computing and technical employees by whatever name called.
seven day shiftworker means, for the purpose of the additional week of leave provided by the NES, a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays in an institution in which shifts are continuously rostered 24 hours a day 7 days a week.
standard rate means the weekly rate derived from the annual rate for a HEW 3.1 in clause 17.1.
University unions and student unions means associations of students, or of students and others, established primarily or exclusively for the purpose of providing representation or services to students.
weekly rate means the employee’s minimum annual salary for the class of work performed divided by 52.

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers employers throughout Australia in the higher education industry as defined, and University unions and Student unions as defined, and their employees engaged as general staff in the classifications listed in clause 17.1 in this award to the exclusion of any other modern award.

4.2 Higher education industry means educational institutions providing undergraduate and postgraduate teaching leading to the conferring of accredited degrees and performing research to support and inform the curriculum.

4.3 This award covers any employer which supplies labour on an on-hire basis in the higher education industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.3 operates subject to the exclusions from coverage in this award.

4.4 This award covers employers which provide group training services for apprentices and trainees engaged in the higher education industry and/or parts of that industry and those apprentices and trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award does not cover:

(a) employees excluded from award coverage by the Act;

(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.
NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances, as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’ (see section 65(5) and (5A)).
NOTE 3: Clause 6 is an addition to section 65.

6.2 Responding to the request

Before responding to a request made under section 65, the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days, stating whether the employer grants or refuses the request (section 65(4)).
NOTE 2: If the employer refuses the request, then the written response must include details of the reasons for the refusal (section 65(6)).

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances; and

(ii) if the employer can offer the employee such changes in working arrangements, set out those changes in working arrangements.

6.4 What the written response must include if a different change in working arrangements is agreed

If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee, then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

6.5 Dispute resolution

Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6, can be dealt with under clause 32—Dispute resolution.

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 A person under this award must be engaged in one of the following categories:

(a) full-time (fixed-term or continuing);

(b) part-time (fixed-term or continuing); or

(c) casual.

8.2 Requirement to state terms of engagement

Upon engagement, the employer must provide to the employee an instrument of appointment which stipulates the type of employment and informs the employee of the terms of engagement at the time of the appointment in relation to:

(a) for employees other than casual employees, the classification level and salary of the employee on commencement of the employment, and the hours or the fraction of full-time hours to be worked;

(b) for fixed-term employees, whether the term of the employment, the length and terms of any period of probation, and the circumstance(s) by reference to which the use of fixed-term contract for the type of employment has been decided for that employment;

(c) for part-time employees, the employer and the part-time employee will agree on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day;

(d) 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 required during the term will be paid for;

(e) for any employee subject to probationary employment, the length and terms of the probation; and

(f) other main conditions of employment including the identity of the employer, or the documentary, or other recorded sources from which the conditions derive, and the duties and reporting relationships to apply upon appointment that can be ascertained.

8.3 Nothing in this award:

(a) prevents an employee from engaging in additional work as a casual employee in work unrelated to, or identifiably separate from, the employee’s normal duties; or

(b) limits the number or proportion of employees that an employer may employ in a particular type of employment.

8.4 Probation

(a) The terms of engagement for a full-time, part-time or fixed-term employee may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract.

(b) As a condition incidental to employment on probation, an employee must be advised of, and given an opportunity to make response to, any adverse material about the employee which the employer intends to take into account in a decision to terminate the employment upon or before the expiry of the period of probation.

(c) Fixed-term employees only

Any second or subsequent fixed-term contract, with the same employer, must not contain a probationary period.

9. Full-time employment

Full-time employment means employment other than part-time, or casual.

10. Part-time employment

Part-time employment means employment for less than the normal weekly ordinary hours specified for a full-time employee, for which all award entitlements are paid on a pro rata basis calculated by reference to the time worked.

11. Fixed-term employment

11.1 Fixed-term employment means full-time or part-time employment for a specified term or ascertainable period, for which the instrument of engagement will specify the starting and finishing dates of that employment (or instead of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon the occurrence of which the term of the employment will expire).

11.2 Restriction on the use of fixed-term employment

The restriction on the use of fixed-term employment in clause 11.2 only applies to those employers in Schedule D—List of employers bound by the Higher Education Contract of Employment Award 1998 [AP784204] who were bound to the Higher Education Contract of Employment Award [AP784204] at the time of its making.

11.3 The use of fixed-term employment must 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 a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it will also include a period of employment provided for from identifiable funding external to the employer, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.

(b) Research means work activity by a person engaged on research only functions for a contract period not exceeding 5 years.

(c) Replacement employee means an employee:

(i) undertaking work activity replacing a full-time or part-time employee for a definable period for which the replaced employee is either on authorised leave of absence or is temporarily seconded away from their usual work area; or

(ii) performing the duties of:

• a vacant position for which the employer has made a definite decision to fill and has commenced recruitment action; or
• a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the employer and in progress 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) Pre-retirement contract

Where a full-time or a part-time employee declares that it is their intention to retire, a fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of employment for a period of up to 5 years.

(e) Fixed-term contract employment subsidiary to studentship

Where a person is enrolled as a student, employment under a fixed-term contract may be adopted as the appropriate type of employment for work activity, not within the description of another circumstance in the preceding paragraphs of clause 11.3, that is work within the student’s academic unit or an associated research unit of that academic unit and is work generally related to a degree course that the student is undertaking within the academic unit, provided that:
• a fixed-term contract employment will be for a period that does not extend beyond, or that expires at the end of, the academic year in which the person ceases to be a student, including any period that the person is not enrolled as a student but is still completing postgraduate work or is awaiting results; and
• an offer of fixed-term employment under clause 11.3(e) must not be made on the condition that the person offered the employment undertake the studentship.

12. Casual employment

12.1 Casual employment means employment where a person is engaged by the hour and paid on an hourly basis a payment that includes a loading related to award based benefits for which a casual employee is not eligible.

12.2 Casual loading

(a) For each hour worked, a casual employee must be paid:

(i) the minimum hourly rate; and

(ii) a loading of 25% of the minimum hourly rate,

for the classification in which they are employed.

12.3 Minimum engagement

The minimum period of engagement for a casual employee will be as follows:

(a) employees who are students (including postgraduate students) who are expected to attend the university on that day in their capacity as students will have a minimum engagement period of one hour;

(b) a student will be taken as being expected for attendance on any Monday to Friday during the main teaching weeks of the university, other than public holidays as applied at the relevant university;

(c) employees with a primary occupation elsewhere (or with the employer) have a minimum period of engagement of one hour; and

(d) all other casuals must have a minimum period of engagement of 3 hours.

12.4 Casual conversion

(a) General

(i) An employee must not be engaged and re-engaged nor have their hours reduced in order to avoid any obligation under this clause.

(ii) Upon appointment, the employer must advise a casual employee that, after serving qualifying periods, see clause 12.4(b), casual employees may have a right to apply for conversion and a copy of the conversion provisions of this award will be made available to such employees.

(iii) The employer must also take reasonable steps from time to time to inform casual employees of the conversion provisions of this award.

(iv) An eligible casual employee may apply in writing for conversion to non-casual employment in accordance with the conversion provisions of this award.

(b) Eligibility for conversion

(i) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a similar and identically classified position in the same department (or equivalent), either:

• over the immediately preceding period of 12 months and in those immediately preceding 12 months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or
• over the immediately preceding period of at least 24 months.

(ii) For the purposes of this clause occasional and short-term work performed by the employee in another classification, job or department must not:

• affect the employee’s eligibility for conversion;
• be included in determining whether the employee meets or does not meet the eligibility requirements.

(c) Application for conversion

The employer will not unreasonably refuse an application for conversion. However, it may refuse an application on reasonable grounds. Reasonable grounds include, but are not limited to, the following:

(i) 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;

(ii) the employee is a genuine retiree;

(iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application);

(iv) the employee has a primary occupation with the employer or elsewhere, either as an employee or as a self-employed person;

(v) the employee does not meet the essential requirements of the position; or

(vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular.

(d) Offer of non-casual employment

(i) The employer must determine an application for conversion either by offering conversion to non-casual employment or by rejecting the application. If the employer rejects the application, it must provide written reasons for rejecting it. If the application is accepted, the employee will be offered a non-casual position.

(ii) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. The conversion offer will also constitute (and include such other details as are required for) an instrument of engagement under the award.

(iii) Employees converted under this clause will not have their casual service count as service for the purpose of calculating any other existing entitlements except for:

• long service leave, if, at the time of conversion, the employer provides casual employees with an entitlement to long service leave. In such a case casual service with the employing institution would count for the purposes of any qualifying period for long service leave, but would not give rise to any paid leave entitlement in respect of that casual service, except where institutions, at the time of making this award, pay long service leave to casuals in relation to their casual service; and
• any applicable unpaid parental leave.

(e) Further applications

An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where:

(i) that rejection is solely based upon the ground set out in 12.4(c)(iii); and

(ii) that ground ceased to apply.

13. Incidents of fixed-term contract of employment

Clause 13 only applies to those employers who were bound to the Higher Education Contract of Employment Award 1998 [AP784204]. For a list of employers who were bound to the Higher Education Contract of Employment Award 1998 [AP784204] see Schedule D—List of employers bound by the Higher Education Contract of Employment Award 1998 [AP784204].

Without reducing any entitlement under the employee’s contract or under an award provision applicable to the employee on account of the employee’s continuous service, a fixed-term contract employee is entitled to benefits specified in clause 13.

13.1 Incremental advancement

A fixed-term employee who has a period of continuous service in a classification must be entitled to progress through that structure in the same way as an employee engaged as a full-time employee in the same or similar classification.

13.2 Notice of cessation or revocation of employment upon expiry of the contract

The employer will provide to a fixed-term employee, written notice of the employer’s intention to renew, or not to renew, employment with the employer upon the expiry of the contract. The notice will be the greater of:

(a) any entitlement to notice of the employer’s intention to renew, or not to renew, employment with the employee upon the expiry of the contract: or

(b) In addition to this notice, an employee over the age of 45 years at the time of the giving of notice and with not less than 2 years continuous service will be entitled to an additional week’s notice.

13.3 Where, because of circumstances relating to the provision of specific funding to support employment external to the employer and beyond its control, the employer is not reasonably able to give the notice required by clause 13.2, it will be sufficient compliance with clause 13 if the employer:

(a) advises those circumstances to the employee in writing by the latest time at which the notice would otherwise be required to be given; and

(b) gives notice to the employee at the earliest practicable date thereafter.

13.4 Severance pay

(a) A fixed-term employee whose contract of employment is not renewed in circumstances where the employee seeks to continue the employment will be entitled to a severance payment or retrenchment benefit payment howsoever called in accordance with the NES as it would apply to a full-time employee engaged in an equivalent classification in the following circumstances:

(i) employee is employed on a second or subsequent fixed-term contract to do work required for the circumstances described in clauses 11.3(a) or 11.3(b) and the same or substantially similar duties are no longer required by the employer; or

(ii) employee is employed on a fixed-term contract to do work required for the circumstances described in clauses 11.3(a) or 11.3(b) 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 duties.

(b) Where an employer advises an employee in writing that further employment may be offered within 6 weeks of the expiry of a period of fixed-term employment, then the employing university may defer payment of severance benefits for a maximum period of 4 weeks from the expiry of the period of fixed-term employment.

(c) An employer, in a particular case, may make application to the Fair Work Commission to have the general severance payment or retrenchment benefit payment prescription varied if the employer obtains acceptable alternative employment for the employee.

13.5 Award entitlements and calculation of continuous service

(a) A fixed-term employee will be entitled to the same award terms and conditions in respect to award matters as would apply to a full-time or part-time employee engaged in an equivalent classification and working an equivalent proportion of normal weekly ordinary hours for the classification.

(b) For the purpose of this award, breaks between fixed-term appointments of up to 2 times per year and of up to 6 weeks, will not constitute breaks in continuous service.

(c) Periods of approved unpaid leave will not count for service, but will not constitute breaks in service for the purposes of clause 13.5.

13.6 Right of application for full-time or part-time employment

No employee employed on a fixed-term contract (other than an employee employed on a pre-retirement contract within the meaning of clause 11.3(d)) will be prevented from making application to an employer, nor having their application for employment within the terms of this award considered, solely because the employee has previously been employed on a fixed-term contract by the same employer.

14. Classifications

14.1 The higher education worker level classification standard set out in Schedule A—Classification Definitions shall be the primary determinant of the classifications of general staff positions. Positions will be classified at the level which most accurately reflects the work performed by the employee as required by the employer, taking into account the skills and responsibilities required to perform that work.

14.2 No employee shall refuse to perform duties reasonably required, consistent with the employee’s classification and which the employee is competent to perform.

Part 3—Hours of Work

15. Ordinary hours of work and rostering

15.1 Ordinary hours—employees other than shiftworkers

(a) Ordinary hours may be worked in a manner agreed over a 4 week cycle as follows:

(b) The classifications set out in the table in clause 15.1(a) must be read in conjunction with Schedule A—Classification Definitions.

15.2 Ordinary hours and roster cycles—shiftworkers

(a) The ordinary hours for shiftwork will:

(i) be worked continuously each shift (except for meal breaks);

(ii) not exceed 10 hours, inclusive of a meal break in any single shift; and

(iii) be rostered in accordance with clause 15.2(b).

(b) Rostering

(i) Shiftworkers’ ordinary hours will be worked in accordance with a roster provided by the employer at least 7 days in advance.

(ii) A shift or roster may be changed at any time to enable the functions of the employer to be carried out where an employee is absent due to illness or on account of a contingency which the employer could not have reasonably foreseen. The employee must be notified of the changed shift as soon as possible.

(iii) Where changes are made by the employer to the employee’s shift or roster, or the employee is transferred between rosters the employee must be notified at least 72 hours prior to the change becoming operative. If 72 hours’ notice is not provided, the employee will be entitled to a shift penalty rate of 150% of the minimum hourly rate.

(iv) Afternoon and night shift will attract a shift penalty rate in accordance with clause 23—Penalty rates.

(v) Ordinary hours for shiftwork may be rostered on a Saturday, Sunday or public holiday and will attract a penalty rate in accordance with clause 23—Penalty rates or in the case of a public holiday, clause 22—Overtime.

16. Breaks

16.1 Unpaid meal breaks

(a) An employee will not be required to work more than 5 consecutive hours without a meal break of at least half an hour.

(b) Time taken as meal breaks will not be paid for and will not be counted as time worked.

16.2 Paid rest breaks

Employees, other than PACCT staff, are entitled to two 10 minute paid rest breaks per day.

Part 4—Wages and Allowances

17. Minimum rates

17.1 Adult rates

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

¹ Hourly rates have been calculated by dividing the annual salary by 52 then dividing that weekly rate by 38 for other than PACCT staff.
² Hourly rates have been calculated by dividing the annual salary by 52 then dividing that weekly rate by 36.75 for PACCT staff.
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

17.2 Classification Levels

The Higher Education Worker Level classifications standards set out in Schedule A—Classification Definitions shall be the primary determinant of the classifications of general staff positions. Positions will be classified at the level which most accurately reflects the work performed by the employee as required by the employer, taking into account the skill and responsibilities required to perform that work.

17.3 Junior employee rates

(a) Clause 17.3 does not apply to employees who are required to hold a trade qualification or to employees employed in a position classified higher than HEW 3.

(b) Junior employees are to be paid a percentage of the appropriate adult rate for the position performed as follows:

17.4 Higher duties

(a) An employee is entitled to an allowance equal to the difference between the employee’s ordinary rate and the ordinary rate of the position temporarily filled, on a proportionate basis (i.e. proportion will equate with the proportion of duties of the higher position performed).

(b) A higher duties allowance is payable:

(i) where maximum salary of the employee does not exceed HEW 7 and higher duty is performed for more than 2 consecutive weeks; or

(ii) where maximum salary of the employee exceeds HEW 7 and higher duty is performed for more than 4 consecutive weeks.

(c) Junior employees will be paid an allowance equal to the difference between the salary rate for the employee’s age in their own position and salary rate for the employee’s age in the higher position (if an age classification does not exist, will be calculated in the normal manner for adult employees).

17.5 Mixed functions—catering and retail staff, children’s services staff, storage services, grounds/gardeners/farm staff and maintenance staff

(a) An employee engaged for more than 2 hours on duties carrying a higher rate than his/her ordinary classification must be paid the higher rate for each day.

(b) An employee engaged for less than 2 hours on duties carrying a higher rate than their ordinary classification must be paid the higher rate for the time so worked at the higher level.

17.6 Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule G— Supported Wage System.

17.7 National training wage

(a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2019. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Higher Education Industry—General Staff—Award 2020 and not the Miscellaneous Award 2010.

17.8 Apprentice rates of pay

The minimum award rates of pay for apprentices are set out in Schedule E—Apprentices.

17.9 School-based apprentices

For school-based apprentices, see Schedule F—School-based Apprentices.

18. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

18.1 An employee’s salary, including applicable allowances and overtime payments will be paid fortnightly by cheque or electronic funds transfer. Notwithstanding this, if an employer and the majority of employees agree, all employees must be paid by electronic funds transfer.

18.2 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii) all other amounts that are due to the employee under this award and the NES.

(b) The requirement to pay wages and other amounts under clause 18.2(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 18.2(b) allows the Commission to make an order delaying the requirement to make a payment under clause 18.2. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

19. Salary movement within a classification level

19.1 At the conclusion of each 12 month period, following the commencement date of this award or entry into a HEW level, full-time and part-time general employees will be eligible for movement to the next highest pay point within the HEW level, following a staff development/performance review.

19.2 Movement to the next pay point within a HEW level will only occur when a employee has, over the preceding 12 months:

(a) acquired and utilised additional skills, experience and competencies within the ambit of the classification and in accord with the priorities of the organisational unit and or employer. For this purpose the employee will be assessed against relevant criteria used in a staff development/performance review; and

(b) demonstrated satisfactory performance against the position classification standards within this award.

19.3 If the requirements above are not met at the conclusion of the period referred to in clause 19.2, then the employee will not progress until such time as the requirements are met.

19.4 Movement to the next highest pay point will be effective from the anniversary date of employment. In cases where a staff development/performance review is delayed, the anniversary date must not be changed and any increase in salary will be paid retrospectively to the anniversary date, unless the delay is related to the acquisition of new skills and greater responsibilities and/or competencies, in which case the date of acquisition will be the effective date.

19.5 An employee who has been absent in excess of 3 months, in aggregate, will have the review delayed by the period of absence. Any resultant increase will also be delayed by the period of absence.

19.6 An annual staff development/performance review must be conducted for all full-time and part-time employees, except those on the highest salary point within their classification. The review will be confidential.

The aims of this review will at least include:

(a) assessment of performance and use of skills against the position classification standards; and

(b) identification of the development and training needs of the employee in order to:

(i) enable the acquisition and use of new skills, experience and knowledge in accordance with the short and long term priorities of the organisational unit and/or the employer;

(ii) identify performance objectives; and

(iii) ensure continued satisfactory performance within the ambit of the classification.

20. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

20.1 Allowances are payable to an employee in addition to their ordinary rate of pay.

NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

21. Superannuation

21.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation legislation.

21.2 Employer contributions

(a) An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

(b) Employers who, before 12 September 2008 made contributions of 3% to the Tertiary Education Superannuation Scheme for the benefit of employees for whom they were not required to pay the superannuation guarantee charge, must continue to make such contributions as if the Tertiary Education Superannuation Scheme – Superannuation Award 1988 [AP799601] continued to apply.

21.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 21.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 21.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.

21.4 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or (b) to one of the following superannuation funds or its successor:

(a) Unisuper; or

(b) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme.

(c) a superannuation fund or scheme which the employee is a defined benefit member of.

21.5 Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or (b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and

(ii) the employee remains employed by the employer.

Part 5—Overtime and Penalty Rates

22. Overtime

22.1 An employee will be paid overtime for all authorised work performed outside of, or in excess of, the ordinary or rostered hours as follows:

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

22.2 Employee recalled to duty

An employee recalled to work overtime which is not continuous with their ordinary hours of duty must be paid a minimum of 2 hours at the appropriate overtime rate specified in clause 22.1.

22.3 Minimum break following overtime

(a) An employee who has worked overtime will be given a minimum break of ten hours between the end of one period of duty and the beginning of the next.

(b) An employee required by an employer to resume or continue to work without having a ten hour break off duty is entitled to:

(i) be absent from duty without loss of pay until a ten hour break has been taken; or

(ii) be paid at 200% of the minimum hourly rate until released from duty.

22.4 Time off instead of paid overtime

An employee will be paid overtime or provided with time off instead of paid overtime for all authorised work performed outside of, or in excess of, the ordinary or rostered hours as follows:

(a) A HEW 6 or below will be eligible to receive paid overtime in accordance with clause 22.1 or time off instead of payment for overtime in accordance with clause 22.5.

(b) A HEW 7 or HEW 8 will not be eligible for paid overtime but may take time off instead of paid overtime, at a mutually agreed time, calculated in accordance with the relevant overtime rate.

(c) A HEW 9 or above will not, except as provided in clause 22.4, be entitled to paid overtime or time off instead of paid overtime. By agreement with the employer, the employee will be provided with time off instead of paid overtime at the rate of one hour for each hour of overtime worked when the employee is specifically required to work additional hours and it would be unreasonable for time off instead of paid overtime not to be provided.

22.5 Time off instead of paid overtime—HEW 6 or below

The following provisions apply to employees classified as HEW 6 or below.

(a) An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

EXAMPLE: By making an agreement under clause 22.5 an employee who worked 2 overtime hours at the rate of time and a half is entitled to 3 hours’ time off.

(c) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 22.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 22.5(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(g) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.5 will apply, including the requirement for separate written agreements under clause 22.5(b) for overtime that has been worked.

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 22.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.5.

22.6 Rates not cumulative

The penalty rates within clause 22 and in the penalty rates clause and in clause 15.2(b)(iii) are not cumulative. Where an employee is entitled to more than one penalty rate, the employee will be entitled to the highest single penalty rate.

23. Penalty rates

23.1 Definitions

(a) Day shift commences at or after 6.00 am and finishes at or before 6.00 pm.

(b) Afternoon shift finishes after 6.00 pm and at or before midnight.

(c) Night shift finishes after midnight and at or before 8.00 am.

23.2 An employee will be paid the following penalty rates for all ordinary hours worked by the employee during the following periods:

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

23.3 Rates not cumulative

The penalty rates within clause 23, clause 22—Overtime and clause 15.2(b)(iii) are not cumulative. Where an employee is entitled to more than one penalty rate, the employee will be entitled to the highest single penalty rate.

Part 6—Leave and Public Holidays

24. Annual leave

24.1 Annual leave is provided for in the NES, subject to the provisions of clause 24.

24.2 For the purposes of the NES an employee entitled to 5 weeks’ annual leave means a 7 day shiftworker.

24.3 Annual leave loading

(a) Annual leave loading will be paid at a rate of 17.5% of the ordinary rate of pay paid during the leave period, up to the limit of payment equal to the Australian Bureau of Statistics’ weekly earnings for all males (Australia) for the preceding May quarter.

(b) Shiftworkers on annual leave will be paid the greater of:

(i) shift penalties an employee would have received had they not been on annual leave; or

(ii) the 17.5% annual leave loading as prescribed.

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see section 16 and 90 of the Act).

24.4 Close down

(a) Christmas/New Year close down

(i) Employees may be required to take annual leave during a period of Christmas/New Year close down, for days other than public holidays (including any substituted days) falling during that period.

(ii) Employees with insufficient accrued annual leave will take leave without pay.

(b) Seasonal stand down of residential colleges staff

Employees engaged in domestic work in, or in connection with, residential colleges may be stood down without pay during official term breaks, semester breaks and the Christmas/Summer vacation, provided that:

(i) an employee will be given as much notice as practicable of the start and finish of any stand down period; notice must be at least one week and be in writing. Once notice is given, the stand down period must not be varied unless by mutual consent between the employer and the employee;

(ii) an employee may take accrued annual leave or long service leave during term breaks, semester breaks and the Christmas/Summer vacation;

(iii) all periods of stand down must count for the purpose of accrual of sick leave, annual leave and long service leave;

(iv) if appropriate work is available for an employee during any period of stand down, the existing employee will be offered such employment (whether on a full-time or casual basis) before any additional employee is employed; the employee who has been stood down may refuse an offer of employment without prejudice to their normal employment relationship;

(v) for the purpose of clause 24.4(b) appropriate work will mean work as is available that the employee is capable of performing. Remuneration for the work will be at the rate of pay applicable to the work being performed; and

(vi) no employee will have their employment terminated on the grounds of work not being available due to a term break, semester break or Christmas/Summer vacation.

(c) Clause 24.4(b) does not confer any right to stand down any employee employed with the same employer before 1 January 2010 who was not subject to a stand down provision in an award before 1 January 2010.

24.5 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(i) state the amount of leave to be taken in advance and the date on which the leave is to commence; and

(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

NOTE: An example of the type of agreement required by clause 24.5 is set out at Schedule I—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule I—Agreement to Take Annual Leave in Advance.

(c) The employer must keep a copy of any agreement under clause 24.5 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.5, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

24.6 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.6.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.6.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 24.6 must state:

(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii) the date on which the payment is to be made.

(e) An agreement under clause 24.6 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 24.6 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 24.6.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.6.
NOTE 3: An example of the type of agreement required by clause 24.6 is set out at Schedule J—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule J—Agreement to Cash Out Annual Leave.

24.7 Excessive leave accruals: general provision

NOTE: Clauses 24.7 to 24.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 24.2).

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 24.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 24.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

24.8 Excessive leave accruals: direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 24.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 24.8(a):

(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.7, 24.8, 24.9 or otherwise agreed by the employer and employee) are taken into account; and

(ii) must not require the employee to take any period of paid annual leave of less than one week; and

(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c) The employee must take paid annual leave in accordance with a direction under clause 24.8(a) that is in effect.

(d) An employee to whom a direction has been given under clause 24.8(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 24.8(d) may result in the direction ceasing to have effect. See clause 24.8(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

24.9 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 24.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 24.9(a) if:

(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii) the employee has not been given a direction under clause 24.8(a) that, when any other paid annual leave arrangements (whether made under clause 24.7, 24.8, 24.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 24.9(a) must not:

(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.7, 24.8, 24.9 or otherwise agreed by the employer and employee) are taken into account; or

(ii) provide for the employee to take any period of paid annual leave of less than one week; or

(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv) be inconsistent with any leave arrangement agreed by the employer and employee.

(d) An employee is not entitled to request by a notice under clause 24.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 24.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 24.9(a).

24.10 Payment of annual leave on termination

Payment of the base salary instead of annual leave will be made for any entitlement to annual leave accrued but not taken on termination. Where termination of employment is due to the employee’s death, payment will be made to the employee’s estate.

25. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES, save that the entitlement will be 3 days of compassionate leave for each permissible occasion.

26. Parental leave and related entitlements

26.1 Parental leave and related entitlements are provided for in the NES.

26.2 The NES is supplemented by maintaining an entitlement to payment, in relation to maternity leave, adoption leave or paternity leave for employees in the classifications under this award of employers who were entitled to payment for maternity leave, paternity leave or adoption leave in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

(a) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and

(b) that would have entitled the employee to paid maternity leave, paternity leave or adoption leave.

27. Community service leave

Community service leave is provided for in the NES.

28. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

29. Public holidays

29.1 The entitlement to public holidays is set out in the NES.

29.2 Substitution of public holidays where employer holidays provided

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

29.3 Part-day public holidays

For provisions relating to part day public holiday see Schedule K—Part-day Public Holidays.

Part 7—Consultation and Dispute Resolution

30. Consultation about major workplace change

30.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(i) the introduction of the changes; and

(ii) their likely effect on employees; and

(iii) measures to avoid or reduce the adverse effects of the changes on employees; and

(c) commence discussions as soon as practicable after a definite decision has been made.

30.2 For the purposes of the discussion under clause 30.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

30.3 Clause 30.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

30.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 30.1(b).

30.5 In clause 30 significant effects, on employees, includes any of the following:

(a) termination of employment; or

(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c) loss of, or reduction in, job or promotion opportunities; or

(d) loss of, or reduction in, job tenure; or

(e) alteration of hours of work; or

(f) the need for employees to be retrained or transferred to other work or locations; or

(g) job restructuring.

30.6 Where this award makes provision for alteration of any of the matters defined at clause 30.5, such alteration is taken not to have significant effect.

31. Consultation about changes to rosters or hours of work

31.1 Clause 31 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

31.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

31.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 31.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

31.4 The employer must consider any views given under clause 31.3(b).

31.5 Clause 31 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

32. Dispute resolution

32.1 Clause 32 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

32.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

32.3 If the dispute is not resolved through discussion as mentioned in clause 32.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

32.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 32.2 and 32.3, a party to the dispute may refer it to the Fair Work Commission.

32.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

32.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

32.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 32.

32.8 While procedures are being followed under clause 32 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

32.9 Clause 32.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

33. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

33.1 Notice of termination by an employee

(a) Clause 33.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

Table 1—Period of notice

Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given	Column 2 Period of notice
Not more than 1 year	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c) In clause 33.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 33.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 33.1(b), then no deduction can be made under clause 33.1(d).

(f) Any deduction made under clause 33.1(d) must not be unreasonable in the circumstances.

33.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 33.2 is to be taken at times that are convenient to the employee after consultation with the employer.

34. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

34.1 Transfer to lower paid duties on redundancy

(a) Clause 34.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 34.1(c).

(c) If the employer acts as mentioned in clause 34.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

34.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 34 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

34.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 34.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 34.3(b).

(d) An employee who fails to produce proof when required under clause 34.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 33.2.

Schedule A—Classification Definitions
A.1 Definitions
A.1.1 Definition 1: Supervision

Close supervision: clear and detailed instructions are provided. Tasks are covered by standard procedures. Deviation from procedures or unfamiliar situations are referred to higher levels. Work is regularly checked.
Routine supervision: direction is provided on the tasks to be undertaken with some latitude to rearrange sequences and discriminate between established methods. Guidance on the approach to standard circumstances is provided in procedures, guidance on the approach to non-standard circumstances is provided by a supervisor.
Checking is selective rather than constant.
General direction: direction is provided on the assignments to be undertaken, with the occupant determining the appropriate use of established methods, tasks and sequences.
There is some scope to determine an approach in the absence of established procedures or detailed instructions, but guidance is readily available.
Performance is checked by assignment completion.
Broad direction: direction is provided in terms of objectives which may require the planning of staff, time and material resources for their completion. Limited detailed guidance will be available and the development or modification of procedures by the employee may be required. Performance will be measured against objectives.

A.1.2 Definition 2: Qualifications

Within the Australian Qualifications Framework:
(a) Year 12

Completion of a senior secondary certificate of education, usually in Year 12 of secondary school.

(b) Trade certificate

Completion of an apprenticeship, normally of 4 years’ duration, or equivalent recognition, e.g. Certificate III.

(c) Post-trade certificate

A course of study over and above a trade certificate and less than a Certificate IV.

(d) Certificates I and II

Courses that recognise basic vocational skills and knowledge, without a Year 12 prerequisite.

(e) Certificate III

A course that provides a range of well-developed skills and is comparable to a trade certificate.

(f) Certificate IV

A course that provides greater breadth and depth of skill and knowledge and is comparable to a 2 year part-time post-Year 12 or post-trade certificate course.

(g) Diploma

A course at a higher education or vocational educational and training institution, typically equivalent to 2 years full-time post-Year 12 study.

(h) Advanced diploma

A course at a higher education or vocational educational and training institution, typically equivalent to 3 years full-time post-Year 12 study.

(i) Degree

A recognised degree from a higher education institution, often completed in 3 or 4 years, and sometimes combined with a one year diploma.

(j) Postgraduate degree

A recognised postgraduate degree, over and above a degree as defined above.
NOTE: Previously recognised qualifications obtained prior to the implementation of the Australian Qualifications Framework continue to be recognised. The above definitions also include equivalent recognised overseas qualifications.

A.1.3 Definition 3: Classification dimensions

(a) Training level

The type and duration of training which the duties of the classification level typically require for effective performance. Training is the process of acquiring skills and knowledge through formal education, on the job instruction or exposure to procedures.

(b) Occupational equivalent

Examples of occupations typically falling within each classification level.

(c) Level of supervision

This dimension covers both the way in which employees are supervised or managed and the role of employees in supervising or managing others.

(d) Task level

The type, complexity and responsibility of tasks typically performed by employees within each classification level.

(e) Organisational knowledge

The level of knowledge and awareness of the organisation, its structure and functions that would be expected of employees at each proposed classification level, and the purposes to which that organisational knowledge may be put.

(f) Judgment, independence and problem solving

Judgment is the ability to make sound decisions, recognising the consequences of decisions taken or actions performed. Independence is the extent to which an employee is able (or allowed) to work effectively without supervision or direction. Problem solving is the process of defining or selecting the appropriate course of action where alternative courses of actions are available.
This dimension looks at how much of each of these 3 qualities applies at each classification level.

(g) Typical activities

Examples of activities typically undertaken by employees in different occupations at each of the classification levels.

A.2 Classifications
A.2.1 Higher Education Worker Level 1 (HEW 1)

(a) Training level or qualifications

(i) Employees at the base of this level would not be required to have formal qualifications or work experience upon engagement.
(ii) Employees engaged at the base of this level will be provided with structured on the job training in addition to up to 38 hours of induction which must provide information on the higher education institution, conditions of employment, training to be made available and consequent career path opportunities, physical layout of the institution/work areas, introduction to fellow workers and supervisors, work and documentation procedures, work health and safety, equal opportunity practices and extended basic literacy and numeracy skills training where required/necessary to enable career path progression.

(b) Occupational equivalent

Cleaner, labourer, trainee for Level 2 duties.

(c) Level of supervision

Close supervision or, in the case of more experienced employees working alone, routine supervision.

(d) Task level

Straightforward manual duties, or elements of Level 2 duties under close supervision and structured on the job training. Some knowledge of materials, e.g. cleaning chemicals and hand tools, may be required. Established procedures exist.

(e) Organisational knowledge

Will provide straightforward information to others on building or service locations.

(f) Judgment, independence and problem solving

Resolve problems where alternatives for the employee are limited and the required action is clear or can be readily referred to higher levels.

(g) Typical activities

Perform a range of industrial cleaning tasks, move furniture, assist trades personnel with manual duties.

A.2.2 Higher Education Worker Level 2 (HEW 2)

(a) Training level or qualifications

Level 2 duties typically require a skill level which assumes and requires knowledge, training or experience relevant to the duties to be performed; or Completion of Year 12 without work experience; or Completion of Certificates I or II with work related experience; or an equivalent combination of experience and training.

(b) Occupational equivalent

Administrative assistant, security patrol officer.

(c) Level of supervision

Routine supervision of straightforward tasks; close supervision of more complex tasks (see task level below).

(d) Task level

Perform a range of straightforward tasks where procedures are clearly established. May on occasion perform more complex tasks.

(e) Organisational knowledge

Following training, may provide general information/advice and assistance to members of the public, students and other employees which is based on a broad knowledge of the employee’s work area/responsibility, including knowledge of the functions carried out and the location and availability of particular personnel and services.

(f) Judgment, independence and problem solving

(i) Solve relatively simple problems with reference to established techniques and practices. Will sometimes choose between a range of straightforward alternatives.
(ii) An employee at this level will be expected to perform a combination of various routine tasks where the daily work routine will allow the latitude to rearrange some work sequences, provided the prearranged work priorities are achieved.

(g) Typical activities

(i) Administrative positions at this level may include duties involving the inward and outward movement of mail, keeping, copying, maintaining and retrieving records, straightforward data entry and retrieval.
(ii) Security officers may be involved in a range of patrol duties, including responding to alarms, following emergency procedures and preparing incident reports.

A.2.3 Higher Education Worker Level 3 (HEW 3)

(a) Training level or qualifications

(i) Level 3 duties typically require a skill level which assumes and requires knowledge or training in clerical/administrative, trades or technical functions equivalent to:

• completion of a trades certificate or Certificate III;
• completion of Year 12 or a Certificate II, with relevant work experience; or
• an equivalent combination of relevant experience and/or education/training.

(ii) Persons advancing through this level may typically perform duties which require further on the job training or knowledge and training equivalent to progress toward completion of a Certificate IV or Diploma.

(b) Occupational equivalent

Tradesperson, technical assistant/technical trainee, administrative assistant.

(c) Level of supervision

In technical positions, routine supervision, moving to general direction with experience. In other positions, general direction. This is the first level where supervision of other employees may be required.

(d) Task level

Some complexity. Apply body of knowledge equivalent to trade certificate or Certificate III, including diagnostic skills and assessment of the best approach to a given task.

(e) Organisational knowledge

Perform tasks/assignments which require knowledge of the work area processes and an understanding of how they interact with other related areas and processes.

(f) Judgment, independence and problem solving

Exercise judgment on work methods and task sequence within specified timelines and standard practices and procedures.

(g) Typical activities

(i) In trades positions, apply the skills taught in a trades certificate or Certificate III, including performance of a range of construction, maintenance and repair tasks, using precision hand and power tools and equipment. In some cases this will involve familiarity with the work of other trades or require further training.
(ii) In technical assistant positions:

• assist a technical officer in operating a laboratory, including ordering supplies;
• assist in setting up routine experiments;
• monitor experiments for report to a technical officer;
• assist with the preparation of specimens; and
• assist with the feeding and care of animals.

(iii) In administrative positions perform a range of administrative support tasks including:

• standard use of a range of desktop based programs, e.g. word processing, established spreadsheet or database applications, and management information systems (e.g. financial, student or human resource systems). This may include store and retrieve documents, key and lay out correspondence and reports, merge, move and copy, use of columns, tables and basic graphics;
• provide general administrative support to other employees including setting up meetings, answering straightforward inquiries and directing others to the appropriate personnel; and
• process accounts for payment.

(iv) Employees would be expected to perform a greater range and complexity of tasks as they progressed through the level and obtained further training.

A.2.4 Higher Education Worker Level 4 (HEW 4)

(a) Training level or qualifications

Level 4 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) completion of a diploma level qualification with relevant work related experience; or
(ii) completion of a Certificate IV with relevant work experience; or
(iii) completion of a post-trades certificate and extensive relevant experience and;
(iv) on the job training; or
(v) completion of a Certificate III with extensive relevant work experience; or
(vi) an equivalent combination of relevant experience and/or education/training.

(b) Occupational equivalent

Technical officer or technician, administrative above Level 3, advanced tradespersons.

(c) Level of supervision

In technical positions, routine supervision to general direction depending upon experience and the complexity of the tasks. In other positions, general direction. May supervise or co-ordinate others to achieve objectives, including liaison with employees at higher levels. May undertake stand-alone work.

(d) Task level

May undertake limited creative, planning or design functions; apply skills to a varied range of different tasks.

(e) Organisational knowledge

Perform tasks/assignments which require proficiency in the work area’s rules, regulations, processes and techniques, and how they interact with other related functions.

(f) Judgment, independence and problem solving

(i) In trades positions, extensive diagnostic skills.
(ii) In technical positions, apply theoretical knowledge and techniques to a range of procedures and tasks.
(iii) In administrative positions, provide factual advice which requires proficiency in the work area’s rules and regulations, procedures requiring expertise in a specialist area or broad knowledge of a range of personnel and functions.

(g) Typical activities

(i) In trades positions:

• work on complex engineering or interconnected electrical circuits; and/or
• exercise high precision trades skills using various materials and/or specialised techniques.

(ii) In technical positions:

• develop new equipment to criteria developed and specified by others;
• under routine direction, assist in the conduct of major experiments and research programs and/or in setting up complex or unusual equipment for a range of experiments and demonstrations; and/or
• demonstrate the use of equipment and prepare reports of a technical nature as directed.

(iii) In library technician positions:

• undertake copy cataloguing;
• use a range of bibliographic databases;
• undertake acquisitions; and/or
• respond to reference inquiries.

(iv) In administrative positions:

• may use a full range of desktop based programs, including word processing packages, mathematical formulae and symbols, manipulation of text and layout in desktop publishing and/or web software, and management information systems;
• plan and set up spreadsheets or database applications;
• be responsible for providing a full range of secretarial services, e.g. in a faculty;
• provide advice to students on enrolment procedures and requirements; and/or
• administer enrolment and course progression records.

A.2.5 Higher Education Worker Level 5 (HEW 5)

(a) Training level or qualifications

Level 5 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

• completion of a degree without subsequent relevant work experience; or
• completion of an advanced diploma qualification and at least one year’s subsequent relevant work experience; or
• completion of a diploma qualification and at least 2 years’ subsequent relevant work experience; or
• completion of a Certificate IV and extensive relevant work experience; or
• completion of a post-trades certificate and extensive (typically more than 2 years’) relevant experience as a technician; or
• an equivalent combination of relevant experience and/or education/training.

(b) Occupational equivalent

Graduate (i.e. degree) or professional, without subsequent work experience on entry (including inexperienced computer systems officer), administrator with responsibility for advice and determinations, experienced technical officer.

(c) Level of supervision

In professional positions, routine supervision to general direction, depending on tasks involved and experience. In other positions, general direction and may supervise other staff.

(d) Task level

Apply body of broad technical knowledge and experience at a more advanced level than Level 4, including the development of areas of specialist expertise. In professional positions, apply theoretical knowledge, at degree level, in a straightforward way. In administrative positions, provide interpretation, advice and decisions on rules and entitlements.

(e) Organisational knowledge

Perform tasks/assignments which require proficiency in the work area’s rules, regulations, policies, procedures, systems, processes and techniques, and how they interact with other related functions, in order to assist in their adaptation to achieve objectives, and advise, assist and influence others.

(f) Judgment, independence and problem solving

In professional positions, solve problems through the standard application of theoretical principles and techniques at degree level. In technical positions, apply standard technical training and experience to solve problems. In administrative positions, may apply expertise in a particular set of rules or regulations to make decisions, or be responsible for co-ordinating a team to provide an administrative service.

(g) Typical activities

(i) In technical positions:

• develop new equipment to general specifications;
• under general direction, assist in the conduct of major experiments and research programs and/or in setting up complex or unusual equipment for a range of experiments and demonstrations;
• under broad direction, set up, monitor and demonstrate standard experiments and equipment use; and/or
• prepare reports of a technical nature.

(ii) In library technician positions:

• perform at a higher level than Level 4, including:
• assist with reader education programs and more complex bibliographic and acquisition services; and/or
• operate a discrete unit within a library which may involve significant supervision or be the senior employee in an out-posted service.

(iii) In administrative positions:

• responsible for the explanation and administration of an administrative function, e.g. HECS advice, records, determinations and payments, a centralised enrolment function, the organisation and administration of exams at a small campus.

(iv) In professional positions and under professional supervision:

• work as part of a research team in a support role;
• provide a range of library services including bibliographic assistance, original cataloguing and reader education in library and reference services; and/or
• provide counselling services.

A.2.6 Higher Education Worker Level 6 (HEW 6)

(a) Training level or qualifications

Level 6 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) a degree with subsequent relevant experience; or
(ii) extensive experience and specialist expertise or broad knowledge in technical or administrative fields; or
(iii) an equivalent combination of relevant experience and/or education/training.

(b) Occupational equivalent

Graduate or professional with subsequent relevant work experience (including a computer systems officer with some experience), line manager, experienced technical specialist and/or technical supervisor.

(c) Level of supervision

In professional positions, general direction; in other positions, broad direction. May have extensive supervisory and line management responsibility for technical, administrative and other non-professional employees.

(d) Task level

Perform work assignments guided by policy, precedent, professional standards and managerial or technical expertise. Employees would have the latitude to develop or redefine procedure and interpret policy so long as other work areas are not affected. In technical and administrative areas, have a depth or breadth of expertise developed through extensive relevant experience and application.

(e) Organisational knowledge

Perform tasks/assignments which require proficiency in the work area’s existing rules, regulations, policies, procedures, systems, processes and techniques and how they interact with other related functions, and to adapt those procedures and techniques as required to achieve objectives without impacting on other areas.

(f) Judgment, independence and problem solving

Discretion to innovate within own function and take responsibility for outcomes; design, develop and test complex equipment, systems and procedures; undertake planning involving resources use and develop proposals for resource allocation; exercise high level diagnostic skills on sophisticated equipment or systems; analyse and report on data and experiments.

(g) Typical activities

(i) In technical positions:

• manage a teaching or research laboratory or a field station;
• provide highly specialised technical services;
• set up complex experiments;
• design and construct complex or unusual equipment to general specifications;
• assist honours and postgraduate students with their laboratory requirements; and/or
• install, repair, provide and demonstrate computer services in laboratories.

(ii) In administrative positions:

• provide financial, policy and planning advice;
• service a range of administrative and academic committees, including preparation of agendas, papers, minutes and correspondence; and/or
• monitor expenditure against budget in a school or small faculty.

(iii) In professional positions:

• work as part of a research team;
• provide a range of library services, including bibliographic assistance, original cataloguing and reader education in library and reference services;
• provide counselling services;
• undertake a range of computer programming tasks;
• provide documentation and assistance to computer users; and/or
• analyse less complex user and system requirements.

A.2.7 Higher Education Worker Level 7 (HEW 7)

(a) Training level or qualifications

Level 7 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) a degree with at least 4 years’ subsequent relevant experience; or
(ii) extensive experience and management expertise in technical or administrative fields; or
(iii) an equivalent combination of relevant experience and/or education/training.

(b) Occupational equivalent

Senior librarian, technical manager, senior research assistant, professional or scientific officer, senior administrator in a small less complex faculty.

(c) Level of supervision

Broad direction. May manage other employees including administrative, technical and/or professional employees.

(d) Task level

Independently relate existing policy to work assignments or rethink the way a specific body of knowledge is applied in order to solve problems. In professional or technical positions, may be a recognised authority in a specialised area.

(e) Organisational knowledge

Detailed knowledge of academic and administrative policies and the inter-relationships between a range of policies and activities.

(f) Judgment, independence and problem solving

Independently relate existing policy to work assignments, rethink the way a specific body of knowledge is applied in order to solve problems, adapt procedures to fit policy prescriptions or use theoretical principles in modifying and adapting techniques. This may involve stand-alone work or the supervision of employees in order to achieve objectives. It may also involve the interpretation of policy which has an impact beyond the immediate work area.

(g) Typical activities

(i) In a library, combine specialist expertise and responsibilities for managing a library function.
(ii) In student services, the training and supervision of other professional employees combined with policy development responsibilities which may include research and publication.
(iii) In technical manager positions, the management of teaching and research facilities for a department or school.
(iv) In research positions, acknowledged expertise in a specialised area or a combination of technical management and specialised research.
(v) In administrative positions, provide less senior administrative support to relatively small and less complex faculties or equivalent.

A.2.8 Higher Education Worker Level 8 (HEW 8)

(a) Training level or qualifications

Level 8 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) postgraduate qualifications or progress towards postgraduate qualifications and extensive relevant experience; or
(ii) extensive experience and management expertise; or
(iii) an equivalent combination of relevant experience and/or education/training.

(b) Occupational equivalent

Manager (including administrative, research, professional or scientific), senior school or faculty administrator, researcher.

(c) Level of supervision

Broad direction, working with a degree of autonomy. May have management responsibility for a functional area and/or manage other employees including administrative, technical and/or professional employees.

(d) Task level

Work at this level is likely to require the development of new ways of using a specific body of knowledge which applies to work assignments, or may involve the integration of other specific bodies of knowledge.

(e) Organisational knowledge

The employees will be expected to make policy recommendations to others and to implement programs involving major change which may impact on other areas of the institution’s operations.

(f) Judgment, independence and problem solving

Responsible for program development and implementation. Provide strategic support and advice (e.g. to schools or faculties) requiring integration of a range of university policies and external requirements, and an ability to achieve objectives operating within complex organisational structures.

(g) Typical activities

(i) Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources.
(ii) Manage a function or development and implementation of a policy requiring a high degree of knowledge and sensitivity.
(iii) Manage a small or specialised unit where significant innovation, initiative and/or judgment are required.
(iv) Provide senior administrative support to schools and faculties of medium complexity, taking into account the size, budget, course structure, external activities and management practices within the faculty or equivalent unit.

A.2.9 Higher Education Worker Level 9 (HEW 9)

(a) Training level or qualifications

Level 9 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) postgraduate qualifications and extensive relevant experience; or
(ii) extensive management experience and proven management expertise; or
(iii) an equivalent combination of relevant experience and/or education/training.

(b) Occupational equivalent

Manager (including administrative, research, professional or scientific), senior school or faculty administrator, senior researcher.

(c) Level of supervision

Broad direction, working with a considerable degree of autonomy. Will have management responsibility for a major functional area and/or manage other employees including administrative, technical and/or professional employees.

(d) Task level

Demonstrated capacity to conceptualise, develop and review major professional, management or administrative policies at the corporate level. Significant high level creative, planning and management functions. Responsibility for significant resources.

(e) Organisational knowledge

Conceptualise, develop and review major policies, objectives and strategies involving high level liaison with internal and external client areas. Responsible for programs involving major change which may impact on other areas of the institution’s operations.

(f) Judgment, independence and problem solving

Responsible for significant program development and implementation. Provide strategic support and advice (e.g. to schools or faculties or at the corporate level) requiring integration of a range of internal and external policies and demands, and an ability to achieve broad objectives while operating within complex organisational structures.

(g) Typical activities

(i) Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources.
(ii) Manage a function or development and implementation of a policy requiring a high degree of knowledge and sensitivity and the integration of internal and external requirements.
(iii) Manage a small and specialised unit where significant innovation, initiative and/or judgment are required.
(iv) Provide senior administrative support to the more complex schools and faculties, taking into account the size, budget, course structure, external activities and management practices within the faculty or equivalent unit.

A.2.10 Higher Education Worker Level 10 (HEW 10)

(a) Training level or qualifications

Duties at or above this level typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) proven expertise in the management of significant human and material resources; and
(ii) in some areas postgraduate qualifications and extensive relevant experience.

(b) Occupational equivalent

Senior program, research or administrative manager.

(c) Level of supervision

Broad direction, operating with a high overall degree of autonomy. Will have substantial management responsibility for diverse activities and/or employees (including administrative, technical and/or professional employees).

(d) Task level

Complex, significant and high level creative planning, program and managerial functions with clear accountability for program performance. Comprehensive knowledge of related programs. Generate and use a high level of theoretical and applied knowledge.

(e) Organisational knowledge

Bring a multi-perspective understanding to the development, carriage, marketing and implementation of new policies; devise new ways of adapting the organisation’s strategies to new, including externally generated, demands.

(f) Judgment, independence and problem solving

Be fully responsible for the achievement of significant organisational objectives and programs.

(g) Typical activities

(i) Manage a large functional unit with a diverse or complex set of functions and significant resources.
(ii) Manage a more complex function or unit where significant innovation, initiative and/or judgment are required.
(iii) Provide senior administrative support to the most complex schools and faculties in large institutions, involving complex course structures, significant staff and financial resources, outside activities and extensive devolution of administrative, policy and financial management responsibilities to this position.

Schedule B—Summary of Hourly Rates of Pay
B.1 Adult full-time and part-time employees
B.1.1 Adult full-time and part-time employees other than PACCT staff—ordinary, shiftwork and penalty rates

B.1.2 Adult full-time and part-time employees other than PACCT staff—overtime rates

¹ Overtime rates not payable to HEW 7, 8 or 9 and above in accordance with clauses 22.4(b) and 22.4(c).

B.1.3 Adult full-time and part-time PACCT staff—ordinary, shiftwork and penalty rates

B.1.4 Adult full-time and part-time PACCT staff—overtime rates

¹ Overtime rates not payable to HEW 7, 8 or 9 and above in accordance with clauses 22.4(b) and 22.4(c).

B.2 Adult casual employees
B.2.1 Adult casual employees other than PACCT staff—ordinary, shiftwork and penalty rates

B.2.2 Adult casual PACCT staff—ordinary, shiftwork and penalty rates