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Leave
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Leave
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25. Annual Recreation Leave
25.1 An employee shall be entitled to leave of absence for recreation of four weeks on full pay in each year of service. Entitlements to recreation leave will be credited one year in advance on the 1st day of January each year.
25.2 An employee, who is first appointed from a date after the 1st of January shall, for continuous service to the 31st December next following, be entitled to pro-rata recreation leave calculated at the rate of 5.77 hours per fortnightly pay period.
25.3 Leave shall as far as possible be cleared during the long vacation period or during student vacations at the convenience of the School.
25.4 The Head is responsible for managing leave arrangements within the School. By agreement with the Head an employee may carry forward up to 4 weeks annual recreation leave.
25.5 Annual leave must be cleared:
25.5.1 in the case of the first entitlement by the end of February in the year following commencement; and
25.5.2 within the calendar year it accrues thereafter.
25.6 An employee whose appointment is terminated for any reason during the year shall not be paid any annual recreation leave entitlement.
25.7 An employee is required to take accrued leave prior to the expiry of their appointment or resignation.
25.8 Where an employee who has already taken annual recreation leave entitlement for the year, or part thereof, resigns or is dismissed for any reason, the employee shall refund the value of the unearned portion of such leave calculated at the rate of 5.77 hours per fortnightly pay period.
25.9 Should any of the holidays referred to in Clause 26 – Public Holidays occur during the period an employee is absent on approved annual recreation leave, a day in lieu of each holiday shall be added to the period of annual recreation leave, provided that no day shall be added where any of the prescribed holidays fall on a Saturday or Sunday or a holiday not observed by the University.
25.10 The provisions of this clause shall not apply to casual employees.
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26. Public Holidays
26.1 Subject to the provisions of subclause 26.2 of this clause the following days shall be observed as holidays: New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Sovereign’s Birthday, Christmas Day, Boxing Day and such other days as may be declared State Public Service holidays or University holidays. Provided that whenever Labour Day, Foundation Day, or Sovereign’s birthday fall on a day other than a Monday, the next following Monday shall be the holiday instead of such day.
26.2 If, in terms of Senate resolutions 273/60 and 139/64, any of the days stated in sub-clause 26.1 of this clause are not observed as holidays on the appointed day one day’s leave in lieu will be granted in each case subject to its being taken between the Christmas and New Year holidays or immediately following the New Year holidays.
26.3 The provisions of subclause 26.2 shall not apply to casual employees.
26.4 Where an employee has worked less than the required number of open public holidays to qualify for paid leave for the Christmas closedown, the employee shall be deemed to be on annual leave for the requested number of days.
26.5 By agreement between the University and an employee involved in administration of students the above arrangement may be varied to better meet the operational requirements of the specific area. The arrangements in other areas of the University may be varied by direct consultation and agreement between the University and the employee and, where they choose, their employee representative.
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27. Long Service Leave
27.1 Subject to the provisions of this clause, an employee who has completed a period of ten years’ continuous service in the employ of the University is entitled to 13 weeks’ leave in accordance with the following:
27.1.1 the term ‘continuous service’ shall, subject to paragraph 27.1.2 (a) - (d), mean continuous service in the employment of The University of Western Australia only and shall include all absences on paid leave, including study leave, and any periods of leave without pay granted to take up an assignment with one of the international schemes for developing countries (UNESCO and WHO) to which Australia is a party or for any other purpose for which the University has given its approval;
27.1.2 continuous service does not include:
(a) any period exceeding two weeks during which the employee is absent on leave without pay except as provided at 27.1.1 above;
(b) subject to 27.1.2 (c) below, any period of service between the fifth anniversary date of the employee having accrued an entitlement to long service leave, or a deferred commencing date approved by the Vice-Chancellor pursuant to this clause, and the date on which the employee clears that entitlement;
(c) any service by an employee who has been granted a deferment for the taking of long service leave by the Vice-Chancellor because of impending retirement between a deferred commencing date approved by the Vice-Chancellor and the date the employee retires or clears a full entitlement to long service leave if the employee does not retire on the date nominated;
(d) any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave.
27.2 long service leave shall normally be taken as soon as possible after it is due and must be cleared within five years of accrual. Provided that an employee who has given written notice of his or her retirement must not be required to take long service leave within 24 months of retirement. The Vice-Chancellor may approve deferment of taking long service leave beyond five years in exceptional circumstances.
27.3 without the approval of the Vice-Chancellor long service leave may not be accumulated beyond an entitlement to 13 weeks. Provided that an employee with an entitlement in excess of 13 weeks or who will accrue such an entitlement within 12 months of the certification of this Agreement retains the greater entitlement.
27.4 payment in respect of pro rata long service leave shall be made only to an employee whose employment ceases
27.4.1 by genuine retirement, retirement will be deemed genuine if the employee is of an age that he/she qualifies for state pension or he/she qualifies to access superannuation benefits and he/she intends to leave the paid workforce;
27.4.2 by death;
27.4.3 due to termination by the University for any reason other than serious misconduct, provided in each case that the employee had served the University for a continuous period of not less than five years;
27.5 Upon application by an employee, the Vice-Chancellor may approve of the taking by the employee –
27.5.1 of double the period of long service leave entitlement on half pay, in lieu of the period of long service leave entitlement on full pay; or
27.5.2 of half the period of long service leave entitlement on double pay, while preserving the balance of the long service leave entitlement as unpaid long service leave; or
27.5.3 of any portion of the employee's long service leave entitlement on full pay, or double such period on half pay or half such period on double pay provided that the proportions shall not be less than one day.
27.6 The University of Western Australia is a party to and honours an agreement with other tertiary institutions which provides for recognition of full-time continuous service with other Australian higher education institutions and other approved institutions in accordance with that agreement.
27.7 Time of Taking Long Service Leave
27.7.1 Where an employee gives not less than six months’ notice, the time of taking long service leave will be at his or her choosing, unless the University establishes in exceptional circumstances that arrangements cannot reasonably be put in place that would allow the leave to be taken at the requested time. If leave is denied on this basis the employee is deemed to have approval to defer taking long service leave. Alternate arrangements for clearing leave should be agreed within one month of notification that the leave has been denied and should be at the convenience of the employee unless impracticable.
27.7.2 Where an employee gives less than six months notice, the time of taking long service leave will be considered subject to the operational requirements of the University. Approval of leave shall not be unreasonably withheld. The requirement to provide six months notice does not apply where an employee applies for long service leave during a period of approved unpaid parental leave.
27.7.3 Where an employee has accumulated a long service leave entitlement in excess of 13 weeks, the Vice-Chancellor may give the staff member written notice to take that part of the leave in excess of 13 weeks, at a time convenient to the needs of the institution, provided that:
(a) the Vice-Chancellor shall give the employee written notice of at least six months of the date on which leave must commence;
(b) the employee shall not be required to take long service leave within 24 months of the intended date of retirement of the employee;
(c) the minimum period of leave the employer can require an employee to take shall be six weeks;
27.8 Transitional Arrangement
27.8.1 This sub clause provides transitional arrangements for the clearance of accrued long service leave entitlements. The provisions of this subclause apply to all employees employed as at 18 January 2005 who had an existing accrued long service leave entitlement or entitlements as of that date.
27.8.2 With effect from the 1 January 2005 the University will enforce the provisions of paragraph 27.1.2 (a) - (d) of this clause. Staff with one accrued entitlement as at 18 January 2005 are required to clear that entitlement within five years of 1 January 2005 and will continue to accrue leave within that five year period. Where an employee has two or more accrued entitlements, the employee must clear one entitlement within 5 years and the remainder of entitlements within 10 years of 1 January 2005. Employees who do not clear leave in accordance with this clause will cease to accrue service for long service leave purposes, from the dates contained in this sub-clause.
27.9 The entitlement of a staff member who takes long service leave will be based on the salary of the staff member at the time of commencement of leave.
27.10 The provisions of this clause shall not apply to casual employees.
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28. Parental Leave
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28.1 Definitions
28.1.1 “Employee” includes full time, part time, ongoing and fixed term contract employees.
28.1.2 “Primary Care Giver” is the employee who will assume the principal role for the care and attention of a child/children. The employer may require confirmation of primary care giver status.
28.1.3 “Replacement Employee” is an employee specifically engaged to replace an employee proceeding on parental leave.
28.1.4 ”Partner” means a person who is a spouse, de facto or same sex partner.
28.1.5 “Parental Leave” means the period of absence of up to 104 weeks provided for under this clause. The period of 104 weeks may include paid and unpaid parental leave. Annual and long service leave may be cleared concurrently during parental leave. During periods of concurrent leave clearance the absence is classified as leave for parental leave purposes.
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28.2 Entitlement to Parental and Partner Leave
28.2.1 An employee is entitled to a period of up to 104 weeks unpaid parental leave in respect of the:
(a) birth of a child to the employee or the employee’s partner; or
(b) adoption of a child who is not the birth child or the stepchild of the employee or the employee’s partner; is under the age of five (5); and has not lived continuously with the employee for six (6) months or longer.
28.2.2 An employee identified as the primary care giver of a child and who has completed twelve months continuous service at the University shall be entitled to 14 weeks paid parental leave. Paid parental leave will form part of the 104 week entitlement provided at paragraph 28.2.1.
28.2.3 The employee and the Head may agree to the 14 weeks paid parental leave being taken as 28 weeks on half pay. All leave accruals and superannuation contributions during the period of paid parental leave at half pay will be on a pro rata basis. Where a member of staff wishes to maintain superannuation contributions at a notional full-time rate, they will be responsible for making the necessary arrangements and for maintaining the notional full-time rate for both the employee’s and the employer’s contribution.
28.2.4 A pregnant employee can commence the period of parental leave any time up to 20 weeks before the expected date of birth. Any other primary care giver can commence the period of paid parental leave from the birth date or for the purposes of adoption from the placement of the child but no later than 14 weeks after the birth or placement of the child.
28.2.5 Paid parental leave for primary care purposes for any one birth or adoption shall not exceed 14 weeks except as provided at 28.7. The 14 week paid period shall commence when the employee proceeds on parental leave in accordance with paragraph 28.2.4 and conclude not more than 14 weeks after the date of birth. The conclusion of the paid leave period may be extended up to a further 22 weeks in accordance with subclause 28.7. The employee and the Head are to arrange the exact timing and duration of the leave.
28.2.6 The paid and unpaid parental leave entitlement up to a maximum of 104 weeks may be shared between partners assuming the role of primary care giver.
28.2.7 Parental leave may be taken concurrently by an employee and his or her partner for a maximum of two (2) weeks with the approval of the employer.
28.2.8 Where less than the standard parental leave is taken the unused portion of the period of paid or unpaid leave cannot be preserved in any way.
28.2.9 An employee may elect to receive pay in advance for the period of paid parental leave at the time the parental leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid parental leave.
28.2.10 An employee is eligible, without resuming duty, for subsequent periods of parental leave in accordance with the provisions of this clause. Provided that access to subsequent return to work bonus provisions contained at subclause 28.7 require the employee to return to work for a period of at least 12 months as specied at paragraph 28.7.4.
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28.3 Research Grant Funded Employees
28.3.1 An employee employed on a second or subsequent research grant funded contract whose employment ceases because of the expiry of the contract and he/she resumes employment and the break in service is 6 weeks or less, the break in service will not be deemed to interupt their continuous service for the purpose of calculating eligibility for parental leave. If an employee receives a severance payment in accordance with Schedule B – Fixed Term Employment, of this Agreement these provisions will not apply.
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28.4 Partner Leave
28.4.1 An employee who is not a primary care giver shall be entitled to a period of paid or unpaid partner leave of up to 2 weeks at the time of the birth or placement of a child/children to his or her partner. Partner leave can be taken as a minimum of 1 day at a time and up to 2 weeks in total. Partner leave is accessible from the date of birth and up to 3 months after the date of birth. To be entitled to paid partner leave the employee must have been employed by the University for 12 months or more at the time of birth. To be entitled to unpaid partner leave the employee must have been employed by the University for up to 12 months at the time of birth.
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28.5 Birth of a child
28.5.1 An employee shall provide the employer with a medical certificate from a registered medical practitioner naming the employee, or the employee’s partner confirming the pregnancy and the estimated date of birth
28.5.2 If the pregnancy results in other than a live child or the child dies in the weeks immediately after the birth, the entitlement to the 14 week paid parental leave period as provided at paragraph 28.2.3 remains intact.
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28.6 Adoption of a child
28.6.1 An employee seeking to adopt a child shall be entitled to two (2) days unpaid leave to attend interviews or examinations required for the adoption procedure. Employees working or residing outside the Perth metropolitan area are entitled to an additional day’s unpaid leave. The employee may take any paid leave entitlement in lieu of this leave.
28.6.2 If an application for parental leave has been granted for the adoption of a child, which does not eventuate, then the period of paid or unpaid parental leave is terminated. Employees may take any other paid leave entitlement in lieu of the terminated parental leave or return to work.
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28.7 Return to Work Bonus
28.7.1 An employee who has continuous service of greater than 12 months but less than 5 years is entitled to 104 weeks leave, including 14 weeks paid parental leave, provided for at paragraph 28.2.3 of this clause, plus a return to work bonus of up to the equivalent of an additional 12 weeks salary.
28.7.2 An employee who has continuous service of 5 years or more is entitled to 104 weeks, including 14 weeks paid parental leave, as provided for at paragraph 28.2.3 of this clause, plus a return to work bonus of up to the equivalent of an additional 22 weeks salary.
28.7.3 The return to work bonus will be used to facilitate re-entry of the primary care giver into the workplace and could be used in any of the following ways:
(a) to offset associated costs, such as childcare (allowance);
(b) working reduced hours (graduated return to work program);
(c) to re-establish an academic career (paid into an approved University account); or
(d) the staff member shall be entitled to access all or part of the return to work bonus prior to returning to work, as additional paid parental leave.
28.7.4 An employee who applies to access the return to work bonus is required to enter into a written agreement with the University requiring him or her to:
(a) return to work for a period of at least twelve (12) months following his or her return to work; or
(b) repay all monies received or paid as the return to work bonus where the employee has failed to return to work for a minimum of 12 months.
28.7.5 Where an employee does not return to work for at least 12 months, in accordance with 28.7.4 above, the University is entitled to deduct the monies to be repaid from any outstanding entitlements that would normally be paid on termination of employment. This does not preclude the University’s legal right to pursue recovery of monies paid in accordance with 28.7 when the employee has not fulfilled the return to work requirements. The recovery of the return to work bonus may be varied for compassionate circumstances determined by the Vice-Chancellor.
28.7.6 Return to work at a fraction equal to or greater than 50% of the fraction the employee held prior to commencing parental leave will meet the requirements for return to work under this clause. Provided that the Vice-Chancellor may approve a lesser fraction as meeting the requirements for return to work.
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28.8 Other leave entitlements
28.8.1 An employee proceeding on unpaid parental leave may elect to substitute any part of that leave with accrued annual leave or long service leave for the whole or part of the period of unpaid parental leave. The aggregate of leave entitlements shall be no more than 104 weeks.
28.8.2 Where all other leave entitlements have been exhausted, an employee may apply for leave without pay following parental leave in accordance with the relevant clause in the Agreement. The employer’s approval is required for such an extension.
28.8.3 An employee on parental leave is not entitled to paid sick leave and other paid absences other than as specified in 28.8.4 and 28.8.5.
28.8.4 Should the birth or adoption result in other than the arrival of a living child, the employee shall be entitled to such period of paid sick leave or unpaid leave for a period certified as necessary by a registered medical practitioner. Such paid sick leave cannot be taken concurrently with paid parental leave.
28.8.5 Where a pregnant employee not on parental leave suffers illness related to the pregnancy or is required to undergo a pregnancy related medical procedure the employee may take any paid sick leave to which the employee is entitled or unpaid leave for a period as certified necessary by a registered medical practitioner.
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28.9 Notice and Variation
28.9.1 The employee shall give not less than 10 weeks notice in writing to the employer of the date the employee proposes to commence paid or unpaid parental leave stating the period of leave to be taken, except in unforeseen circumstances.
28.9.2 An employee seeking to adopt a child shall not be in breach of subclause 28.9.1 by failing to give the required period of notice if such failure is due to the requirement of the adoption agency to accept earlier or later placement of a child, or other compelling circumstances.
28.9.3 An employee proceeding on parental leave or other leave entitlements under this clause is required to give 6 weeks written notice of intention to reduce or extend the period of leave stated in the original application.
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28.10 Transfer to a Safe Job
28.10.1 Where illness or risks arising out of pregnancy or hazards connected with the work assigned to the pregnant employee make it inadvisable for the employee to continue in her present duties, the duties shall be modified or the employee may be transferred to a safe position at the same classification level until the commencement of parental leave.
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28.11 Replacement Employee
28.11.1 Prior to engaging a replacement employee the employer shall inform the person of the temporary nature of the employment and the entitlements relating to the return to work of the employee on parental leave.
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28.12 Return to Work
28.12.1 An employee shall confirm the intention to return to work by notice in writing to the employer not less than 6 weeks prior to the expiration of parental leave. An application to resume duty within six weeks after the day on which the pregnancy terminates must be supported by a certificate from a registered medical practitioner, indicating that the employee is fit to resume duty. The early return to duty is subject to Faculty, School or Section convenience.
28.12.2 Where an employer has made a definite decision to introduce major changes that are likely to have a significant effect on the employee’s position the employer shall notify the employee while they are on parental leave.
28.12.3 An employee on return to work from parental leave will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee’s skill and abilities as the substantive position held immediately prior to proceeding on parental leave. Where the employee was transferred to a safe job the employee is entitled to return to the position occupied immediately prior to transfer.
28.12.4 An employee may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position at the same classification level. The duration of return to work on a part-time basis shall be negotiated between the Head and the employee. Return to work on a part-time basis is subject to Faculty, School or Section convenience and will be confirmed in writing by the Head.
28.12.5 Subject to the employer’s approval an employee who has returned on a part time basis may revert to full time work at the same classification level within two (2) years of the recommencement of work.
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28.13 Effect of Parental Leave on the Contract of Employment
28.13.1 An employee employed for a fixed term contract shall have the same entitlement to parental leave, however the period of leave granted shall not extend beyond the term of that contract.
28.13.2 Paid parental leave will count as qualifying service for all purposes under this agreement. Absence on unpaid parental leave shall not break the continuity of service of employees but shall not be taken into account in calculating the period of service for any purpose under this agreement.
28.13.3 An employee on parental leave may terminate employment at any time during the period of leave by written notice in accordance with the Agreement.
28.13.4 An employer shall not terminate the employment of an employee on the grounds of the employee’s application for parental leave or absence on parental leave but otherwise the rights of the employer in respect of termination of employment are not affected.
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28.14 Casual work whilst on Parental Leave
28.14.1 Employees shall be permitted to undertake:
(a) Occasional casual employment incidental to their substantive position with the University whilst on parental leave without pay
(b) Fractional employment combined with paid leave to a maximum of 1 full-time equivalent
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28.15 Part-time employees
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28.16 Casual employees
28.16.1 The provisions of this clause shall not apply to casual employees.
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29. Leave Without Pay or Secondment
29.1 The Vice-Chancellor, on the recommendation of the Head, and by agreement with an employee, may grant an employee leave of absence without pay, provided that for fixed term employees leave without pay will not be approved for any period which exceeds the term of the appointment.
29.2 Leave without pay or secondment may be granted where:
29.2.1 the work to be undertaken during the leave without pay or secondment has relevance to the officer’s teaching and/or research in the University; and/or
29.2.2 the period of leave without pay or secondment will be beneficial to the University and the school/section concerned; and/or
29.2.3 the Vice-Chancellor is satisfied that adequate relief is available.
29.3 If an employee of the academic staff is granted leave without pay to take up an appointment under an international scheme of assistance for developing countries (e.g. UNESCO, WHO) to which Australia is a party, the leave is counted as qualifying service for all leave purposes. In addition, the University continues to pay its share of superannuation contributions for the period involved provided members undertake in writing to pay their share of such contributions and to return and serve the University for at least two years immediately following the expiration of the leave.
29.4 Except as provided in subclause 29.3 any period which exceeds two weeks during which an employee is on leave of absence granted under this clause shall not, for any purpose, be regarded as part of the period of service of that employee unless the Senate, on the recommendation of the Vice-Chancellor, otherwise determines.
29.5 For periods of leave without pay in excess of six months, employees are required to give six months’ notice in writing, confirming their intention to return to the University at the end of the leave period.
29.6 The provisions of this clause shall not apply to casual employees.
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30. Absence on Account of Illness, Injury or Caring
30.1 An employee shall be entitled to leave of absence in accordance with the provisions of this clause in the case of personal illness or injury or to supervise the convalescence of another person whose care is the responsibility of the employee.
30.2 An employee who is unfit for duty as a consequence of an illness or injury or who is absent to supervise the convalescence of a person whose care is the responsibility of the employee shall inform his or her supervisor, or arrange for the supervisor to be so informed, as soon as practicable.
30.3 Where five or more consecutive working days are involved the application must be supported by a certificate from a registered medical or dental practitioner.
30.4 An employee who is unable to resume duty on the expiration of an approved period of leave must apply for a subsequent period of leave which is to be supported by a certificate from a registered medical or dental practitioner.
30.5 The Vice-Chancellor may direct the employee to attend a medical practitioner for examination, or send a registered medical practitioner to attend on and examine the employee where:
30.5.1 the Head has reasonable doubt that the employee is absent due to illness
30.5.2 there is reason to doubt the fitness of the employee to be in the workplace either in relation to the safety and well being of themselves and/or others in the workplace.
30.6 The basis for determining and the entitlement to leave of absence on the grounds of illness which an employee may be granted shall be ascertained by crediting the employee concerned with the following cumulative period:
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Leave on Full Pay |
| On date of appointment |
46.87 hours |
| On completion of six months' service |
46.88 hours |
| On completion of twelve months' service |
93.75 hours |
| On completion of each additional twelve months' service |
93.75 hours |
provided that an employee employed on a short-term contract for a period less than six months shall be credited 7.5 hours sick leave for each month of service.
30.7 Debits for leave pursuant to this clause shall be on the basis of working hours and shall not include any of the holidays occurring during the period of leave.
30.8 An employee absent from duty on account of illness or injury for a period of more than three months shall not be permitted to resume duty unless a registered medical practitioner has certified that the employee is fit to resume work.
30.9 An employee who is duly absent on leave without pay is not eligible for leave of absence on account of illness or injury under this clause during the currency of that leave without pay.
30.10 Where an employee who has been retired on medical grounds subsequently resumes duty, the employee's sick leave credit at the date of the employee's retirement shall be reinstated.
30.11 Where an employee who has resigned is subsequently reappointed, the employee shall for the purposes of this clause be regarded as a new appointee as from the date of the employee's reappointment, provided that where an employee is reappointed within eight weeks the employee shall retain existing entitlements.
30.12 Solely for administrative purposes, when calculating leave entitlements under this clause a full time academic’s hours of work will nominally be 37.5 per week.
30.13 The provisions of this clause shall not apply to casual employees.
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31. Jury Service
31.1 An employee who is required to serve on a jury shall be granted leave with pay, for such period as is necessary for the employee to carry out duties as a juror. An employee is not entitled to receive any jurors fees, other than for travel.
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32. Compassionate/Bereavement/Ceremonial/Cultural Leave
32.1 For the purposes of this clause
32.1.1 Compassionate/Bereavement Leave provides leave at the time of death of a member of the employee's immediate family or on other compassionate grounds such as providing support and care to another person whose care is the responsibility of the employee.
(a) Immediate family covers:
(i) a spouse (including a former spouse, a defacto spouse, a former defacto spouse and same sex partner)
(ii) a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, parent in law, foster parent, grandparent, grandchild or sibling of the employee.
(iii) a relative, who lives with the employee in the same household.
32.1.2 Ceremonial/Cultural Leave provides leave for legitimate ceremonial or cultural purposes to meet the employees’ customs, traditional law and participation in ceremonial or cultural activities.
32.2 An employee is entitled to 3 days leave per calendar year for compassionate, bereavement, ceremonial or cultural purposes. Leave granted under this clause is non cumulative year to year.
32.3 An employee employed on a fixed term contract of more than 12 months shall be eligible for leave in accordance with this clause, and an employee employed on a fixed term contract of less than twelve months shall be eligible for pro rata leave in accordance with this clause.
32.4 Fractional employees are eligible for leave in accordance with this clause, on a pro rata basis proportional to their fraction.
32.5 In addition to the leave provided under this clause for ceremonial and cultural purposes employees who are Indigenous Australians are entitled to an additional 2 days leave in accordance with the provisions of Clause 10 – Indigenous Australians Employment.
32.6 The provisions of this clause shall not apply to casuals.
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33. Defence Force Leave
33.1 The University may approve leave of absence to an employee who is a volunteer member of the Defence Force Reserves or the Cadet Force for the purpose of attending a training camp, school, class or course of instruction.
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34. Performance of Duties
34.1 The Vice-Chancellor or nominee may direct an employee to carry out such duties as are reasonable and within the limits of the employee’s skill, competence and training.
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35. Intellectual Property
35.1 The University's Intellectual Property Regulations, as varied or replaced, apply to and regulate intellectual property rights as between the University and its employees covered by this Agreement.
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36. Intellectual Freedom
36.1 The University is committed to act in a manner consistent with the protection and promotion of intellectual freedom within the University and in accordance with the University’s Code of Ethics and Code of Conduct.
36.2 Intellectual freedom includes:
36.2.1 the rights of all employees to express opinions about the operations of the University and higher education policy more generally;
36.2.2 the rights of employees to pursue critical and open inquiry and to discuss freely, teach, assess, develop curricula, publish and research.
36.2.3 the right to participate in public debates and express opinions about issues and ideas related to their discipline area;
36.2.4 the right of all employees to participate in professional and representative bodies including industrial associations and to engage in community service without fear of harassment, intimidation or unfair treatment;
36.2.5 the right to express unpopular or controversial views, although this does not mean the right to harass, vilify or intimidate.
36.3 In the exercise of Intellectual Freedom, employees will act in a professional and ethical manner and will not harass, vilify, intimidate or defame the institution or its employees.
36.4 In relation to governance, the University will encourage employees to participate actively in the operation of the institution and in the community. The University will ensure that all governing bodies operate in a transparent and accountable manner, encouraging freedom of expression and thought. This does not prevent a University committee from considering a matter ‘in camera’.
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37. Workloads
37.1 The scope of academic work includes teaching, research, administration and service to the University and broader community. This requires flexibility in work patterns to match teaching and research requirements and individual interests.
37.2 Academic workload models will be developed by a school through collaborative discussions involving all of its academic staff and will be determined prior to the commencement of each academic year.
37.3 School academic workload models will be made available to all academic staff in a school and be in such a form that enables an academic employee to compare their workload.
37.4 A school’s academic workload model may include the following activities:
37.4.1 teaching (including student contact and teaching administration responsibilities)
37.4.2 International teaching load (unless additional loadings are received)
37.4.3 Postgraduate supervision
37.4.4 Research outputs
37.4.5 Service within the University; and
37.4.6 Service within the broader Community
37.5 To assist Early Career academics to establish a research track record these employees will, as far as possible, not have administrative roles.
37.6 The University recognises that the ratio of Students (EFTSU) to non casual staff (non casual FTE) with teaching duties is a measure of the demand on staff time. The University recognises that if this is allowed to increase unreasonably it can compromise the quality of the University’s teaching and research programs. The University will use its best endeavours to ensure reasonable workload.
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