EXPLANATORY INFORMATION PROPOSED NEW UNSW AUSTRALIA (PROFESSIONAL STAFF) ENTERPRISE AGREEMENT 2015

Transcription

1 EXPLANATORY INFORMATION PROPOSED NEW UNSW AUSTRALIA (PROFESSIONAL STAFF) ENTERPRISE AGREEMENT 2015 The nominal term of the University of New South Wales (Professional Staff) Enterprise Agreement 2010 (2010 Agreement) expired on 22 December Since early 2014, the University has been in negotiations with the National Tertiary Education Industry (NTEU), the Public Service Association (PSA), United Voice and the Australian Manufacturing Workers Union (AMWU) (collectively referred to as the Employee Bargaining Representatives ) for an agreement to replace the 2010 Agreement. The University has reached agreement with the Employee Bargaining Representatives on a new enterprise agreement titled the UNSW Australia (Professional Staff) Enterprise Agreement 2015 (Proposed New Agreement), and now asks you to consider and vote on the Proposed New Agreement. The Proposed New Agreement contains a number of changes from the 2010 Agreement. Some of the changes made reflect changes that are necessary to comply with legislation, including the Fair Work Act 2009 (Cth) (Act). Other amendments have resulted from extensive negotiation and agreement between UNSW and the Employee Bargaining Representatives. The below summary explains the terms and effect of the Proposed New Agreement. It is also recommended that you read the Proposed New Agreement. If you have any questions regarding the Proposed New Agreement, please contact one of the following members of the Employee Relations team: Rachael Brady Adèle Tate Marianne Coulson Tanya McDonald r.brady@unsw.edu.au adele.tate@unsw.edu.au marianne.coulson@unsw.edu.au tanya.mcdonald@unsw.edu.au Alternatively, if you are a member of one of the unions that was an Employee Bargaining Representative, you can contact your union. Summary explaining the terms and effect of the Proposed New Agreement Clause number PART A Explanation of the terms and effect of the Proposed New Agreement GENERAL MATTERS 1.0 Arrangement This clause lists all of the clauses and schedules of the Proposed New Agreement. Page numbers for each clause of the Proposed New Agreement are also included. Error! Unknown document property name.1

2 2.0 Title This clause records that the title of the Proposed New Agreement is the UNSW Australia (Professional Staff) Enterprise Agreement Definitions and References This clause lists a number of definitions of terms contained in the Proposed New Agreement, including: - Act (Fair Work Act 2009 (Cth)) - base rate of pay - casual employee - consult or consultation - Dean - Divisional Head - Employee - Employee representative - Executive Delegate - full-time employee - FWC - immediate family - part-time employment - post-retirement employment contract - redundant position - senior manager - seven day continuous shift worker - supervisor - Union - University of UNSW 4.0 Duration and Operation of the Agreement 5.0 Application This clause identifies the duration of the Proposed New Agreement and the timeframe for commencing negotiations for a replacement agreement. The Proposed New Agreement will nominally expire on 17 March This clause also reflects the commitment of the parties to meet no later than 3 months before the expiry of the Proposed New Agreement to commence negotiations for a replacement agreement. This clause identifies who the Proposed New Agreement covers. In addition, this clause also lists persons who are not covered by the Proposed New Agreement. In addition, this clause states those Unions that will be covered by the Proposed New Agreement if the Fair Work Commission notes this matter in its approval decision, in accordance with section 201(2) of the Act. 6.0 Relationship with other Agreements and Awards This clause provides for the Proposed New Agreement to operate to the Error! Unknown document property name.2

3 exclusion of all other agreements and awards that would ordinarily apply. This clause also provides for the Proposed New Agreement to replace the 2010 Agreement. The clause also provides that the Agreement does not prevent the University engaging trainees and persons with disabilities under any supported wage system offered by the Commonwealth Government. 7.0 Accessibility of Agreement This clause provides that the Proposed New Agreement will be placed on the University s Human Resources website and be available for inspection upon request by any employee. 8.0 Employee Representation This clause provides that an employee may choose to be represented by an employee representative for any matter or process in the Proposed New Agreement. 9.0 University Policies This clause provides for the University to consult with employees and the Unions where University-wide policies, procedures and guidelines are developed or reviewed by the University which have a significant and substantial impact on employees. The dispute settling procedure in the Proposed New Agreement does not apply to disputes relating to the implementation of University policies, other than where the dispute is about the interpretation, application or operation of any provision of the Proposed New Agreement. University policies, procedures and/or guidelines are not incorporated into the Proposed New Agreement. A new subclause has been included to clarify that in the event of a direct conflict between the Proposed New Agreement and any policy, the terms of the Proposed New Agreement shall prevail Dispute Resolution Procedures This clause provides a dispute resolution procedure to settle disputes regarding the interpretation, application or operation of any provision of the Proposed New Agreement or in relation to the National Employment Standards set out in the Act. Key stages in the process are: - Notification of a dispute - First dispute meeting - Second dispute meeting - Referral of the dispute to the Fair Work Commission. Error! Unknown document property name.3

4 PART B SALARY AND RELATED MATTERS 11.0 Salaries This clause provides for salary increases under the Proposed New Agreement as follows: Salary Instalment Rate of Salary Increase Increase payable from the first full pay period on or after 12.0 Allowances First * 2% 3 January 2014 Second * 1% 4 July 2014 Third * 1.5% 2 January 2015 Fourth 1.5% 3 July 2015 Fifth 1.5% 1 January 2016 Sixth 1.5% 1 July 2016 Seventh 1.5% 1 January 2017 Eighth 1.5% 1 July 2017 Ninth 1.5% 1 January 2018 *Salary increases paid administratively by the University prior to the commencement of the Agreement. Rates of pay are set out in Schedules 1,2 and 3 of the Proposed New Agreement. This clause includes rates for Apprentices. This clause also provides for the University to deduct monies owing by employees arising from their employment under certain circumstances on termination of employment. This clause outlines some of the allowances payable under the Agreement, including the higher duties allowance and specific arrangements staff employed as Audio Visual Technicians/Theatre Technicians/Technicians. Further details on allowances payable under the Proposed New Agreement can be found at Schedule Superannuation This clause sets out the superannuation entitlements for employees who are to be covered by the Proposed New Agreement. Clause 13 of the 2010 Agreement provided that, for certain fixed-term contracts and for casuals, the University would make an employer superannuation contribution of 9%. This provision has now been amended in Error! Unknown document property name.4

5 the Proposed New Agreement to provide that the University will make employer contributions for those classes of employee in accordance with the Superannuation Guarantee (Administration) Act 1992 (as amended) Salary Sacrificing Scheme This clause allows for salary sacrificing arrangements, and is unchanged from the 2010 Agreement Equalisation of Salary This clause allows staff with irregular hours, e.g. sessional employees, to annualise their salary payments over an entire calendar year. PART C EMPLOYMENT ARRANGEMENTS 16.0 General This clause outlines the general arrangement applying to Part C of the Proposed New Agreement, including the ability to appoint employees on a casual, part-time or full-time basis Continuing Employment This clause defines continuing employment. Continuing employment means full-time or fractional-time employment that does not have a fixed end date or a contingency upon which the employment contract will come to an end. The Proposed New Agreement provides that all employment, other than fixed term employment and casual employment, will be continuing employment Continuing (Contingent Funded Research) Employment This clause in the Proposed New Agreement contains a number of changes. Specifically the eligibility criteria for Continuing (Contingent Funded Research) Employment (CCFRE) have been amended. Most notably, the minimum service fraction has been reduced from 0.5FTE to 0.2FTE. In addition, some changes have been made clarifying the basis upon which the University can refuse an application for a CCFRE appointment. Severance entitlements for employees whose CCFRE appointment has ceased have also been increased for employees with 10 years or more continuous service. This clause would take effect 3 months following the approval of the New Agreement by FWC Fixed Term Employment Error! Unknown document property name.5

6 The provisions of this clause are substantially similar to the clause in the 2010 Agreement. Key entitlements such as severance pay and notice periods are unchanged from the 2010 Agreement. The clause has been changed to provide clarification for how fixed-term contracts may be terminated during the term of the contract, in relation to certain fixed-term employees who are excluded under the Agreement from the operation Clause 29 - Managing Change in the Workplace; Clause 31 - Probation; Clause 34 - Management of Unsatisfactory Performance; or Clause 35 - Management of Misconduct or Serious Misconduct. The clause also now provides that an employee who applies for conversion from fixed-term to continuing employment must be advised of the outcome of the application within 30 days Casual Employment This clause outlines the terms applicable to casual employment including maximum hours, duties, responsibilities and casual marking. The casual loading of 25% that applies to casual employment has been retained in the Proposed New Agreement. There has been no substantive change made to this clause Job Evaluation and Broadbanded Positions This clause provides the arrangements for evaluating salary classifications for positions Level 1-9, using the UNSW Classification Descriptors. This clause has been amended to remove the reference to a Job Evaluation Panel. The clause provides that all staff delegated to perform job evaluation and/or assess re-evaluation applications are required to be appropriately trained in the UNSW Classification descriptors and in job evaluation. The process for applying for re-evaluation of a position has been re-drafted and now includes provision for: - Either a supervisor or an employee may apply for the re-evaluation of an employee s position; - Prior to making an application for re-evaluation, an employee may request that their supervisor provide them with a written description of their current position for the purposes of the job evaluation (such as a position description); - Unless exceptional circumstances exist, position re-evaluations to be completed and the employee advised of the outcome within 8 weeks from the date the application and supporting documentation is received by Human Resources; - An employee cannot make a further application for re-evaluation within 12 months; - A successful re-evaluation will apply from the date of submission of the application, unless the Director, Human Resources (or nominee) can determine that the position has changed from an identifiable date; - Where a decision is made not to reclassify a position, the Director, Human Resources (or nominee) will, upon request, provide written Error! Unknown document property name.6

7 reasons for the decision or, if the employee requests, meet with the employee to discuss the outcome of the re-evaluation within a reasonable period following the decision being made. Minor drafting amendments are also made in the broadbanding subclause, which now also includes specific broadbanding arrangements for UNSW Canberra employees under Schedule 6. PART D HOURS OF WORK, SHIFTWORK AND OVERTIME 22.0 Ordinary Hours This clause provides for the ordinary hours of work arrangements for positions which are classified under either 35 or 38 hours per week as set out in Schedule 5, and this clause is unchanged from the 2010 Agreement Span of Hours This clause provides for span of hours as set out in Schedule 5 as well as flexible work arrangements Clause 23.1(c) has been amended to clarify the working hours for employees performing audio visual technician and/or theatre technician and related duties and allows for a shift of up to 12 ordinary hours, provided that an average of 38 hours per week is worked over 2 weeks. A new subclause provides for no loss of flex-time hours accrued under a flexible work arrangement without a reasonable opportunity to take the hours Changes to the Established Pattern of Hours 25.0 Shift Rosters 26.0 Meal Breaks This clause provides for notification of changes to established pattern of hours. This clause outlines shift roster provisions, including accessibility, notifications, variations, and roster-swaps Shift Penalties This clause provides for meal break provisions. This clause establishes shift penalties as set out in Schedule 7 of the Proposed New Agreement. Error! Unknown document property name.7

8 28.0 Overtime This clause provides the entitlements applicable to overtime. There are no changes to the clause from the 2010 Agreement. PART E WORKPLACE AND ORGANISATIONAL CHANGE 29.0 Managing Change in the Workplace This clause outlines the principles and processes by which minor workplace change and major workplace change is managed at the University. The process includes consultation with employees who are significantly affected by workplace change and provides for additional obligations on the University in relation to major workplace change, including providing a written workplace change proposal to directly affected employees and providing employees with an opportunity to respond and requiring the University to consider any alternative proposed. Minor changes have been made to the clause to ensure that the Proposed New Agreement complies with the consultation requirements as set out in the Act in relation to any proposed changes to regular rosters or ordinary hours of work. A new subclause under major workplace change clarifies the criteria that must be met to place an employee in another position during a workplace change process. The clause also includes provision for staff who elect to seek redeployment (following a formal workplace change process) to access reasonable paid time-off to attend job interviews, and/or a period of retraining, during the 10 week redeployment period. PART F PERFORMANCE MANAGEMENT AND REWARDS 30.0 Workloads This clause provides for raising and resolving concerns over workloads Probation The University may require a new employee to serve a formal probationary period not exceeding six months, and for an employee at Level 10 or above a probationary period of up to 12 months may be applied. Any second or subsequent fixed-term contract with the University will not contain a probationary period Incremental and accelerated progression Error! Unknown document property name.8

9 This clause provides for incremental progression and accelerated progression based on satisfactory or exceptional performance Professional Development This clause outlines professional development discussions encompassing past work, future work, and the employee s own personal career development. The provisions have been amended in the Proposed New Agreement to include the option for an employee to discuss their own interests in relation to further development and training. A new subclause has been included which provides that the University may advertise some positions to internal applicants only and that where this occurs, casuals employed on a regular and systemic basis for a period of 6 months or more will be entitled to apply. PART G MANAGEMENT OF DISCIPLINARY MATTERS AND TERMINATION OF EMPLOYMENT This clause provides that the procedures in clauses 34 and 35 must be followed before a decision to terminate an employee on the grounds of unsatisfactory performance or serious misconduct. It also provides that clauses 34 and 35 do not apply to an employee at Level 10 or above, a casual employee or an employee serving a period of probation Management of Unsatisfactory Performance This clause outlines the processes for managing unsatisfactory performance. The clause remains unchanged from the 2010 Agreement Management of Misconduct or Serious Misconduct This clause outlines the management of allegations of misconduct or serious misconduct. There are no changes to the clause from the 2010 Agreement. PART H LEAVE ENTITLEMENTS AND CONDITIONS 36.0 General Leave Conditions 37.0 Annual Leave Some minor drafting changes have been made to the clause. In all other respects, the clause remains unchanged from the 2010 Agreement. Error! Unknown document property name.9

10 This clause provides for an employee s entitlement to annual leave. This clause includes provision for the accrual and taking of annual leave, payment of annual leave and annual leave loading and is substantially similar in application to the same clause in the 2010 Agreement. A provision has been included to reflect applicable legislation, such that where an employee is eligible for another form of leave during all or part of a period on which an employee is on annual leave, subject to complying with requirements for access to that leave, any annual leave will be re-credited for the period of the other form of leave Long Service Leave This clause provides for long service leave entitlements. This clause sets out the terms applicable to the accrual and taking of long service leave, for long service leave entitlements and application. This clause is substantially similar in application to the same clause in the 2010 Agreement Provisions regarding the cashing out of long service leave have been removed in order to comply with the Act and applicable legislation and references to the applicable legislation for casuals in the Australian Capital Territory have been inserted Personal Leave 39.1 Sick Leave This clause is introductory and is unchanged from the 2010 Agreement. This clause provides for an employee s sick leave entitlement. This clause includes provisions for the accrual and taking of sick leave. Amendments have been made to this clause in relation to subclause , relating to the requirement to produce a medical certificate for sick leave absences, including to require the University to review a direction that an employee produce medical certificates for all sick leave absences, within 12 months of issuing the direction, to consider whether there is still a reasonable basis for the direction to continue Carer s Leave This clause provides for an employee s entitlement to access their sick leave for the purposes of caring for an immediate family member in certain specific circumstances. Some minor amendments have been made to this clause to ensure compliance with the Act Compassionate Leave This clause which provides for an employee to take three (3) days of paid compassionate leave for each occasion when a member of the employee s immediate family, or a member of the employee s household, or a person who is related by blood or marriage or who has a strong affinity with the employee by way of traditional or ceremonial affiliation, contracts or develops a personal illness that poses a serious threat to their life, or sustains a Error! Unknown document property name.10

11 personal injury that poses a serious threat to their life, or dies Domestic Violence Leave This clause has been amended to improve the arrangements for supporting an employee who experiences domestic violence. The clause provides the employee with access to paid domestic violence leave (up to 10 days) to attend medical appointments, legal proceedings, seek safe housing or to attend any other activities related to dealing with domestic violence and its consequences Parental Leave This clause outlines the entitlements for paid and unpaid parental leave and arrangements for an employee returning to work after a period of parental leave. A new provision has been inserted to provide that any parental leave absence (paid or unpaid) taken by an employee with the first 12 months of the birth of the child would count as service for the purposes of long service leave. A minor amendment has been made to ensure compliance with the Act. An additional provision has been inserted such that any return to work on a part-time basis following absence on paid parental leave provisions will be read in conjunction with clause 46 Request for Flexible Work Arrangements - in a way that is beneficial to the employee to best support flexibility on return from parental leave Special Leave Special leave with pay of up to three (3) days per year may be given to an employee on account of special circumstances or emergencies, including situations such as where the employee s home has been damaged by fire, flood or other mishap, burglary, or where the employee is to take part in state emergency services activities. Special leave circumstances do not include situations such as moving house, care of an immediate family member, attendance at union state or national conferences or similar events or other private business that the employee was aware of in advance sufficient to use other forms of leave Observation of Holy Days And Essential Religious or Cultural Duties This clause provides access to annual or long service leave, or leavewithout-pay to an employee for purposes of observing hold days or attend essential religious or cultural duties associated with a particular religious faith or culture. Error! Unknown document property name.11

12 42.0 Jury leave and Witness Leave This clause provides procedures for employees called to jury duty and required to attend as a witness Defence Forces Leave The provisions of this clause are substantially similar in application to the same clause in the 2010 Agreement. This clause has been modified to comply with applicable legislation and provides for paid and unpaid entitlements Study and Examination Leave This clause provides for study and exam leave for a course of study directly relevant to an employee s position, and provides that an employee and their supervisor may negotiate reasonable flexible arrangements for study not directly relevant to their position Public Holidays This clause provides the observed Public Holidays. PART I OTHER ITEMS 46. Request for Flexible Work Arrangements This new clause allows an employee to submit a written request for a flexible work arrangement. A flexible work arrangement may include flexible working hours, part-time work, job-sharing, and/or changes to the start and/or finish time of work Individual Flexibility Arrangement The Act requires enterprise agreements to include a flexibility term that enables an employee and the employer to agree to an arrangement varying the effect of the agreement in relation to the employee and employer. This clause allows the University and an employee to vary the terms of the Agreement in relation to the taking of annual leave and long service leave Union Arrangements This clause outlines particular operational provisions for Union representatives and meetings. Error! Unknown document property name.12

13 49.0 Indigenous Employment The provisions of this clause have been amended to include reference to the University s Mission Based Compacts Agreement with the Commonwealth Government (MBC Agreement) and its aspirations in relation to indigenous employment. The Proposed New Agreement also provides a mechanism for the University to meet with the Union in relation to the MBC Agreement and the University s Indigenous Employment Plan and objectives. The remainder of the clause is substantially similar in application to the clause in the 2010 Agreement Employment Equity This clause provides that the University is committed to implementing an equity and diversity strategy during the life of this Agreement and for the University to consult with the Union up to twice a year, upon request, about improving gender equity. This clause is substantially similar in application to the same clause in the 2010 Agreement Workplace Bullying This new clause has been inserted into the Proposed New Agreement. The clause states that the University considers workplace bullying to be inappropriate and unacceptable behaviour. In the clause, the parties acknowledge that processes for dealing with workplace bullying complaints are contained in University policy and legislation Staff Personnel Files This clause provides an employee access to view their personnel file and to be advised of any adverse reports or documents relating to performance placed on the file Work Health and Safety This is a new clause which provides a mechanism for the University to meet with the Union, upon request, up to two times per year, to discuss work health and safety. In addition, the clause provides that the University will identify on its website its work health and safety work groups and the health and safety representatives of each work group. Schedule 1 General Staff Salary rates (35 hour week) This Schedule sets out the annual salary rates applicable to a 35 hour week, Error! Unknown document property name.13

14 under the Proposed New Agreement, based on the pay increases detailed in subclause Schedule 2 General Staff Salary rates (38 hour week) This Schedule sets out the annual salary rates applicable to a 38 hour week, under the Proposed New Agreement, based on the pay increases detailed in subclause Schedule 3 Casual Rates of Pay This Schedule sets out the casual salary rates payable under the Proposed New Agreement, based on the pay increases detailed in subclause Schedule 4 Allowances This Schedule details a number of allowances payable and, where applicable, the basis upon which allowances will be adjusted. Schedule 5 Hours and Span of Work This Schedule sets out the hours and span of work for different categories of employees covered by this Agreement. Amendments have been made to insert provisions for technicians and instructors employed within the School of Aviation. Schedule 6 Collapsed Incremental Steps for Broadbanded Positions This Schedule sets out the incremental steps that are applied to broadbanded positions. The Schedule has been amended to provide specific provisions for broadbanded positions at UNSW Canberra. Schedule 7 Shift Penalties This Schedule details shift penalties/loadings. A minor amendment has been made to reference technicians. Schedule 8 Individual Flexibility Arrangement This Schedule outlines the specific requirements for individual flexibility arrangements under the Proposed New Agreement. This Schedule is unchanged from the 2010 Agreement. Schedule 9 Recognition of prior service for long service leave This clause provides for the circumstances in which UNSW will recognise prior service with UNSW, as well as prior service with other identified Universities or Institutions, for the purposes of long service leave Error! Unknown document property name.14

15 entitlements. The clause also details the criteria that applies to the recognition of prior service. Schedule 10 UNSW Classification Descriptors This Schedule outlines standards, duties and skills for each professional level of appointment, from Level 1-9. This Schedule is unchanged from the 2010 Agreement. Error! Unknown document property name.15