Employment Conditions

17.1   Salaries (including allowances and overtime) shall be paid fortnightly by direct electronic transfer to the credit of an account nominated by the employee at such bank, building society or credit union approved by the Vice-Chancellor or nominee. Provided that where such form of payment is impractical or where some exceptional circumstances exist, payment may be made by cheque.

17.2   Payment of any allowance prescribed by this Agreement shall be effected no later than the second pay day following the pay period in which payment of the allowance was approved.

17.3   Payment for overtime worked in accordance with clause 24 – Overtime shall be effected not later than the second pay day following the pay period in which the overtime was worked.

17.4   A fortnight’s salary shall be computed by dividing the full time annual salary by 313 and multiplying the result by 12.

17.5   The hourly rate shall be computed as one seventy-fifth of the fortnight’s salary.

17.6   The University is not required to produce and distribute hard copy payslips to employees who have been provided with instruction on how to access electronic payslips and have been granted access to electronic payslips.

19.1   Training arrangements and salaries for designated positions shall be in accordance with Schedule H – Traineeships.

20.1   Nothing in this Agreement will prevent the full operation of the 'Supported Wage System' which means the Commonwealth Government System to promote employment for people who cannot work at full award wages because of a disability, as provided in the University’s Supported Wage Scheme policy.

20.2   A staff member covered by the supported wage system will be paid the greater of either $61 per week or a percentage of the relevant base salary rate for the class of work in which the person is performing which corresponds to the assessed percentage of capacity (10 - 90 %). Where a person's assessed capacity is 10%, he or she will receive a high degree of assistance and support.

21.1   This Agreement provides for a minimum salary increase of 6% to be paid in instalments as set out below.

21.2   Revised salary rates are set out at Schedule A – Classification Salary and Structure

22.1   Subject to satisfactory performance an employee shall proceed by annual increments from the minimum to the maximum of the salary range appropriate to the classification allocated to the position occupied in accordance with the following procedures.

22.2   Notwithstanding the provisions of subclause 22.1 of this clause the University may, in exceptional circumstances, advance an employee more than one increment or grant a special increment or increments in the salary range appropriate to the classification allocated to the position the employee occupies.

23.1   It is agreed that employees appointed to Level 1 shall have access to progression to Level 2 without promotion to a higher position where:

The University commits to ensuring Level 1 employees who meet the criteria noted above have access to Level 2 work. The University commits to the provision of accessible and relevant training for Level 1 employees, to enable such employees to progress to Level 2.

23.2   Employees appointed as cleaning staff are entitled to apply for progression to Level 2 in accordance with the University’s policy on Salary Progression - Cleaners Level 1 to Level 2.

23.3   An employee who holds a fixed term or ongoing appointment classified at Level 2, 3, 4, 5, 6, 7, 8 or 9 may make application to the Director, Human Resources, for a salary progression allowance provided that:

23.4   The Salary Progression Review Committee is responsible for assessing applications for salary progression lodged under subclause 23.3 of this clause.

23.5   Any determination made pursuant to subclause 23.3 of this clause shall be effective from the beginning of the first pay period on or after formal receipt of the application in Human Resources.

23.6   Any Salary Progression Allowance paid as a result of a successful application under the provisions of this clause will be calculated as the difference between the employee's current salary and the first incremental point of the next highest classification level. Provided that where the employee is currently paid at a salary protection point that is greater than the first incremental point of the next classification level the allowance will be the difference between the salary protection point and the first incremental point within the next highest classification that is greater than the salary protection point.

23.7   Salary Progression Allowances will be reviewed annually and may be incremented annually to a maximum of the penultimate substantive point of the salary range to which progression has occurred.

23.8   Continuous payment of a Salary Progression Allowance is subject to ongoing excellent performance and/or ongoing requirement for additional duties.

23.9   The provisions of this clause shall not apply to casual employees.

24.1   Subject to 24.2 the University may require an employee to work reasonable overtime at overtime rates.

24.2   An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

24.3   All work performed by direction of the Head or by a duly authorised senior employee -

shall be classed as overtime and, subject to the provisions of this clause, shall be paid for at the hourly rate prescribed by subclause 24.5 of this clause.

24.4   An employee who is required to work rostered hours of duty in accordance with the provisions of clause 28, Shift Work – Conditions and Allowance as provided in this Agreement, shall not be paid at overtime rates for work performed during ordinary rostered hours of duty on a Saturday, Sunday or holiday.

24.6   Time off in lieu of payment may be granted where the employee so elects in writing. The time off will be determined on an hourly basis by dividing the amount to which the employee would otherwise be entitled at the prescribed rate by the employee’s normal hourly rate of pay.

24.8   No claim for payment or time off in lieu under the provisions of this clause shall be allowed in respect of any day on which the additional time worked amounts to less than 30 minutes. Provided that no employee shall be directed to work than less 30 minutes.

24.9   An employee who is required to return to duty —

For the purposes of this subclause, where an employee is required to return to duty more than once, each duty period shall stand alone in respect to the application of minimum period payment except where the second or subsequent return to duty is within any such minimum period.

24.10   The provisions of subclause 24.9 of this clause shall not apply in cases where it is customary for an employee to return to the place of employment to perform a specific job outside the prescribed hours of duty or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of prescribed hours of duty.

24.11   Where an employee is directed to work overtime at a place other than the usual headquarters and the time spent in travelling to and from that place is in excess of the time normally spent in travelling to and from the usual headquarters then such excess time shall be deemed to form part of the overtime worked.

24.12   Except as provided in subclause 24.10 of this clause, payment for overtime or the granting of time off in lieu of overtime shall not be approved in respect of:

24.15   Where an employee is required to work a continuous period of overtime which extends past midnight into the succeeding day, the time worked after midnight shall be included with that worked before midnight for the purpose of calculation of payment provided for in subclause 24.2 of this clause.

24.16   Where overtime is cancelled with less than four (4) hours' notice, an allowance of one (1) hour’s pay at the appropriate overtime rate shall be paid.

24.17   A break of at least 30 minutes, which shall not be reckoned as overtime, shall be made for meals between 7.00 am and 8.45 am, between 12.00 noon and 2.00 pm and between 4.30 pm and 6.30 pm when overtime is performed. Except in the case of an emergency, an employee shall not be compelled to work more than five hours’ overtime duty without a meal break. At the conclusion of a meal break the calculation of the five hour limit recommences.

24.18   An employee required to work overtime who purchases a meal shall be reimbursed for each meal purchased at the rate shown below, provided that the overtime worked when such a meal is purchased totals not less than two hours. Such reimbursement shall be in addition to any payment for overtime to which the employee is entitled.

These allowances will be varied on an annual basis each July to give effect to movements to the CPI Index for the March quarter of the relevant year.

25.1   If an employee is paid for work not subsequently performed or is otherwise overpaid, the Employer will, after consultation with the employee, make adjustments to the employee's subsequent fortnightly salary payments.

25.2   Overpayments will be recovered at a rate agreed between the University and the employee. The rate shall not be less than the rate at which it was overpaid or 10% of the employee’s fortnightly salary, whichever is the lesser amount per pay period. Provided that on application to the Director Human Resources the amount of repayment may be varied for reasons of financial hardship.

25.3   Provided where an employee ceases employment, any overpayment will be recovered from any monies due at cessation. This does not preclude the University’s legal right to pursue recovery of any outstanding monies.

26.1   The University will continue to make Employer superannuation contributions to UniSuper for all current and new employees for the life of this Agreement, as follows:

26.2   An employee may elect to forego the 3% employer superannuation contribution to the Award Plus Plan and receive a 3% non-superannuable salary loading in lieu.

26.3   Provided that the UniSuper Trust Deed so allows during the life of this Agreement, employees who are members of the Defined Benefit Plan (DBP) or Investment Choice Plan (ICP) may elect to receive any other superannuation flexibility so allowed. Provided that the total remuneration provided under this clause shall be the amount specified at 26.1.

27.1   For the purpose of this clause:

“Availability” will not include situations in which employees carry paging devices, mobile telephones or make their telephone numbers available only in the event that they may be needed for casual contact or recall to work. Subject to clause 28.2.1 recall to work under such circumstances would constitute emergency duty in accordance with subclause 27.8 of this clause.

27.2   An employee who is authorised by the Head, or by a duly authorised senior employee, to be on “out of hours contact” during that person’s period off duty shall be paid an allowance in accordance with the following formulae for each hour or part thereof that person is on “out of hours contact”

On Call
Level 4 minimum weekly rate    x     1    x 18.75
                                                 37.5     100

Availability
Level 4 minimum weekly rate    x     1    x 18.75  x   50 
                                                 37.5     100       100

Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is made in accordance with the provisions of clause 28 – Shift Work – Conditions and Allowance of this Agreement when the employee is recalled to work.

27.3   Where an employee is required to be “on call” or “available” the University shall, if necessary, arrange for a telephone to be installed at the employee’s residence and shall pay connection, disconnection and rental charges involved. If the employee so required to be “on call” or “available” has a telephone already connected the University shall pay all rental charges. Provided that where the University supplies the employee with a mobile telephone the University is not required to pay any rental charges on the employee’s home telephone.

27.4   Where an employee rostered for “on call” or “availability” is recalled for duty during the period for which the employee is on “out of hours contact” then the employee shall receive payment of hours worked in accordance with subclause 28.2 of this Agreement. The “on call” or “availability” allowance prescribed by subclause 27.2 of this clause shall not be paid in addition to any overtime paid in these circumstances.

27.5   Time spent travelling to and from the place of duty, where an employee rostered “on call” or “availability” is actually recalled to duty, shall be included with actual duty performed for the purposes of overtime payment.

27.6   The minimum payment provisions provided in subclause 24.9 of this Agreement shall not apply to an employee rostered for “out of hours contact” duty.

27.7   An employee in receipt of an “out of hours contact” allowance and who is recalled to duty shall not be regarded as having performed emergency duty in accordance with subclause 27.8 of this clause.

27.8.   Where an employee is called on duty to meet an emergency at a time when he or she would not ordinarily have been on duty, and no notice of such call was given prior to completion of usual duty on the last day of work prior to the day on which called on duty, then if called to duty:

27.9   Time spent travelling to and from the place of duty where an employee is actually recalled to perform emergency duty shall be included with actual duty performed for the purpose of overtime payment.

27.10   An employee recalled to work to perform emergency duty shall not be obliged to work for the minimum period if the work is completed in less time, provided that an employee called out more than once within any such minimum period shall not be entitled to any further payment for the time worked within that minimum period.

28.1.1   An employee engaged on shifts shall work a 75 hour fortnight, exclusive of meal breaks, on the basis of not more than ten shifts of 7.5 hours duration.

Provided also that whenever an agreed alteration to the number of hours per shift has occurred then the allowance per shift shall be varied on a pro rata basis to reflect any variation to other than 7.5 hours.

28.1.2   Meal breaks shall be for a period of at least thirty (30) minutes but not greater than one (1) hour for each meal.

28.1.3   Employees may be rostered to work on any of the seven (7) days of the week provided that in any roster period no employee shall be rostered for more than six (6) consecutive days.

28.1.4   Roster periods shall begin on Mondays and continue for at least fourteen (14) consecutive days. Rosters shall be available to employees at least three (3) clear working days prior to the commencement of the roster.

28.1.5   A roster may only be altered on account of a contingency which the Head could not have been reasonably expected to foresee. When a roster is altered, the employee concerned shall be notified of the changed shift on the day before the changed shift commences.

28.1.6   An employee shall not be rostered for duty until at least eight (8) hours have elapsed from the time the employee’s previous rostered shift ended.

28.1.7   An employee shall not be rostered permanently on one shift unless the employee so elects in writing.

28.2.1   An employee required to work an afternoon or night shift of 7.5 hours shall, in addition to the ordinary rate of salary, be paid a loading equal to 15% of the first salary point for Level 2 for the period of 7.5 hours for each afternoon or night shift worked.

28.2.2   Work performed during ordinary hours on a Saturday or a Sunday shall be paid for at the rate of time and one half (1.5) and on a holiday at double time and one half (2.5). These rates shall be paid in lieu of the shiftwork allowance prescribed in paragraph (1) of this subclause. Provided that, subject to agreement between the Head and the employee, work performed during ordinary rostered hours on a holiday may be paid for at the rate of time and one half (1.5) and the employee may, in addition, be allowed a day’s leave with pay to be added to the employee’s annual leave or to be taken at some other time within a period of one (1) year if the employee so agrees. The number of days of leave in lieu accumulated under this subclause shall not at any time exceed five (5) days.

28.2.3   An employee rostered off on a holiday shall be paid at ordinary rates for such day, or, subject to agreement between the Head and the employee, be allowed a day’s leave with pay in lieu of a holiday to be taken at some other time within a period of one (1) year.

28.2.4   An employee engaged on shift work who is rostered to work regularly on Sundays and/or holidays shall be allowed one week’s leave annually in addition to the normal entitlement to annual recreation leave.

28.2.5   Additional leave prescribed by paragraphs 28.2.2, 28.2.3 and 28.2.4 of this subclause shall not attract payment of the annual recreation leave loading.

28.2.6   Work performed by an employee in excess of the ordinary hours of the employee’s shift or on a rostered day off shall be paid for in accordance with the provisions of clause 27 – Out of Hours Contact.

28.2.7 (a)   Where an employee, other than Security Staff, begins or ceases a shift and no public transport is available between the employee’s residence and the University, the employee shall be reimbursed the appropriate rate of hire prescribed in clause 30 – Travelling Allowance if the employee uses a motor vehicle for the journey between the employee’s residence and the University and/or return.

28.2.7 (b)   Where an employee, other than Security Staff, begins or ceases a shift and no public transport or alternative transport is available between the employee’s residence and the University, the employee shall, with the prior agreement of the Head, be entitled to a taxi fare to and from the University and the employee’s place of residence.

29.1   An employee, other than a relieving employee classified above Level 3, who is directed by the Head or duly authorised senior employee to act in an office which is classified higher than the employee’s own office and who performs the full duties and accepts the full responsibilities of the higher office for a period of five consecutive working days or more, shall, subject to the provisions of this clause, be paid an allowance equal to the difference between the employee’s own salary and the salary the employee would receive if the employee were permanently appointed to the office in which the employee is so directed to act.

29.2   Where the full duties of a higher office are temporarily performed by two or more employees they shall each be paid an allowance as determined by the Vice-Chancellor or nominee. Where an employee is directed to perform a portion of the duties and responsibilities of the position in which the employee is required to act then the allowance prescribed by this subclause shall be varied on a pro rata basis to the full allowance which would otherwise be payable.

29.3   Where a relieving employee classified above Level 3 acts in an office or offices classified one class higher than the employee’s own office for a continuous period exceeding four weeks, the employee shall be paid a higher duties allowance as prescribed in subclause 29.1 of this clause for all that part of such period in excess of four weeks.

29.4   Where a relieving employee classified above Level 3 acts in an office classified two or more classes higher than the employee’s own office, the employee shall be paid a higher duties allowance as prescribed in subclause 29.1 of this clause.

29.5   Where an employee who has qualified for payment of a higher duties allowance under this clause is required to act in another office or other offices classified higher than the employee’s own office for periods less than five consecutive working days without any break in acting service, the employee shall be paid a higher duties allowance for such periods. Provided that payment shall be made at the highest rate the employee has been paid during the employee’s term of continuous acting or at the rate applicable to the office in which the employee is currently acting, whichever is the less.

29.6   Where an employee is directed to act in an office which has an incremental range of salaries, the employee shall be entitled to receive an increase in higher duties allowance equivalent to the annual increment the employee would have received had the employee been permanently appointed to such office. Provided that acting service with allowances for acting in offices of the same classification or higher than the office during the eighteen months preceding the commencement of so acting shall aggregate as qualifying service towards such an increase in the allowance.

29.7   Where an employee who is in receipt of an allowance granted under this clause and has been so for a continuous period of twelve months or more, proceeds on:

the employee shall continue to receive the allowance for the period of leave. Provided that this subclause shall also apply to an employee who has been in receipt of an allowance for less than twelve months if during the employee’s absence no other employee acts in the office in which the employee was acting immediately prior to proceeding on leave and the employee resumes in the office immediately after leave. For the purpose of this subclause the expression “normal annual leave” shall mean an annual period of recreation leave of four weeks (five weeks in the case of regular shift workers), and shall include any of the holidays and leave in lieu accrued during the preceding twelve months taken in conjunction with such annual recreation leave.

29.8   Where an employee who is in receipt of an allowance granted under this clause proceeds on:

the employee shall not be entitled to receive payment of such allowance for the whole or any part of the period of such leave.

30.1   An employee who travels on University business shall be reimbursed actual reasonable expenses subject to the provision of receipts.

30.2   Where an overnight stay is involved an employee who claims reimbursement on the basis of actual expenses may claim an allowance of $20 per day for incidental expenses for which no receipts are required. Provided that where an overnight stay is involved, the maximum amounts to be paid by the University for accommodation, meals and incidental expenses shall not exceed that shown in Schedule D – Travelling Allowance.

30.3   An employee may apply to the Head for a cash advance to cover accommodation, meals and incidental expenses.

31.1   An employee who is not required (as a term of employment) to supply and maintain a motor vehicle for use when travelling on official business, but when requested by the Head or an authorised employee voluntarily consents to use a vehicle and who is not in receipt of an allowance provided by subclause 31.2 of this clause shall for journeys travelled on official business approved by the Head or an authorised employee be reimbursed all expenses incurred in accordance with the appropriate rates set out in University Policy – Payment of Hire for Use of an Employee’s Own Vehicle.

31.2   The Vice-Chancellor or nominee may authorise a commuted amount for the hire of motor vehicles or any other conveyance belonging to an employee.

31.3   Where an employee in the course of a journey travels through two or more of the separate areas, payment of hire at the rates prescribed by University Policy – Payment of Hire for Use of an Employee’s Own Vehicle shall be made at the appropriate rate applicable to each of the separate areas to be traversed.

31.4   The Vice-Chancellor may increase the rates prescribed by University Policy – Payment of Hire for Use of an Employee’s Own Vehicle in any case in which the Vice-Chancellor is satisfied that they are inadequate.

31.5   The rates of hire for the use of an employee’s own vehicle on official business shall be as shown in University Policy – Payment of Hire for Use of an Employee’s Own Vehicle.

32.1   A staff member who is appointed to act as a First Aid Attendant shall receive an allowance of $10.00 per week for such duties and responsibilities. The minimum qualifications of a First Aid Attendant shall be a current St John’s Ambulance Association Certificate or a current Red Cross First Aid Certificate.

Employees within Facilities Management are eligible for the following allowances:

34.1   Where an employee is required by the University to wear protective clothing (e.g. dust coats, laboratory coats, overalls, gloves) or a uniform the said protective clothing or uniform shall be supplied free of charge.

34.2   Three sets of protective clothing or three uniforms shall be supplied on appointment.

34.3   An employee issued with protective clothing or uniforms shall be responsible for the care and maintenance except where infectious and/or hazardous materials are handled.

34.4   The protective clothing or uniforms supplied pursuant to subclause 34.2 of this clause shall remain the property of the employer. The loss of such articles due to any cause arising out of the neglect or misuse of the employee, may be a charge against the salary of the employee, provided that no charge shall be made in respect of reasonable wear and tear.

34.5   Notwithstanding subclause 34.2 protective clothing and/or uniforms will be replaced at no expense to the employee, when damaged through reasonable wear and tear.

35.1   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.

35.2   For ongoing employees, leave in accordance with this clause will be calculated on the following cumulative basis:

35.3   An employee employed on a fixed term contract for a period of 12 months or more shall be credited with the same entitlement as an ongoing employee. An employee employed on a fixed term contract for a period of less than 12 months shall be credited with the same entitlement calculated on a pro rata basis for the period of the contract.

35.4   For part-time employees, entitlements and payments under this clause shall be calculated on a pro-rata basis according to the number of hours worked each fortnight.

35.5   An application for leave of absence where three or more consecutive working days are involved is to be supported by satisfactory medical evidence.

35.6   An employee who is unable to resume duty on the expiration of a period of approved leave needs to apply for a subsequent period of leave which is to be supported by a certificate from a registered medical or dental practitioner.

35.7   Debits for leave pursuant to this clause can be made on the basis of hours or part hours provided that all leave debited will be processed to the nearest 15 minutes and holidays occurring during the period of leave shall not be debited.

35.8   Where the Head has reasonable grounds to doubt an employee’s absences under this clause, they shall notify the Director of Human Resources who may require the employee to provide medical certificates for all future absences under this clause for a reasonable period of time, not exceeding 12 months. The period may subsequently be reviewed at the request of the employee.

35.9   Where an employee is ill—

35.10   No leave of absence on account of illness or injury shall be granted with pay if the illness or injury has been caused by the misconduct of the employee or in any case of absence from duty without sufficient cause.

35.11   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:

Any cost of such further certificate will be met by the University.

35.12   Where an employee who has been retired on medical grounds subsequently resumes duty, and where the break in service exceeds two weeks, the employee’s sick leave credit at the date of the employee’s retirement shall be reinstated.

35.13   The provisions of this clause shall not apply to casual employees.

36.1   Accrued leave is the leave that an employee is entitled to from a previous calendar year.

36.2   Pro rata leave is the proportion of leave that an employee is entitled to in the current calendar year, either from the date of commencement, or to the date of cessation.

36.3   An employee shall be entitled to recreation leave of 150 hours on full pay for each completed year of service. Entitlements to recreation leave are credited on a pro-rata basis of 5.77 hours per fortnightly pay period.

36.4   A part-time employee shall be granted annual recreation leave in accordance with this clause, however payment to a part-time employee proceeding on annual recreation leave shall be calculated having regard for any variations to the employee’s ordinary working hours during the accrual period.

36.5   An employee who, during an accrual period, was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee’s ordinary working hours at the time of commencement of annual leave, may elect to take a lesser period of annual leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of annual leave.

36.6   The time during which an employee may take annual recreation leave shall in every case be such as is approved by the Head. Annual recreation leave will normally be taken in periods of at least 37.5 hours provided that the minimum period of leave that can be debited is one (1) hour.

36.7   Where the convenience of the school/section will be served thereby, the entitlement of an employee to annual leave for recreation may be allowed to accumulate -

36.8   If after one month’s continuous service an employee resigns or the employee’s appointment is terminated through no fault of the employee, the employee shall be paid one third of one week’s pay at the ordinary rate of salary in respect of each completed month of continuous service.

36.9   An annual recreation leave loading of an amount determined in accordance with subclause 36.9.1 shall accrue to an employee in respect of each entitlement of annual recreation leave.

36.10   Should any of the holidays referred to in clause 39 – Holidays and Christmas Closedown occur during the period an employee is absent on 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, Sunday or a holiday not observed by the University.

36.11   The provisions of this clause shall not apply to casual employees.

The University will provide leave to staff with pay for the following reasons in accordance with the University’s policy. The provisions of this clause do not extend to casual employees.

38.1   Purchased Leave Scheme

38.2   Participation in the scheme is for a period of 12 months and is to be re negotiated annually (preferably at the beginning of the calendar year).

38.3   Purchased leave counts as service for all purposes.

38.4   All annual and purchased leave must be taken at mutually agreed times during the 12 month period, with the timing subject to approval. A record of the purchased leave shall be kept by the School or Faculty. Where an employee has been unable to take purchased leave, the employee’s salary/wage shall be adjusted at the expiry of the 12 month period in which the leave was to be taken.

38.5   The employer will assess each application for purchased leave on its merits and give consideration to the personal circumstances of the employee seeking the arrangement as well as to operational requirements.

38.6   Payment to an employee proceeding on annual leave, in excess of the current year’s entitlement, or long service leave shall be calculated on a pro rata basis having regard for any prior periods of full-time or part-time employment.

38.7   Sick leave or any other paid leave shall be paid at the reduced rate.

38.8   An employee who is required to work overtime shall be entitled to payment in accordance with the provisions of clause 24 – Overtime of this Agreement and such payment shall be based on the full-time rate of pay applicable to the classification of the position occupied.

38.9   During the period an employee participates in the scheme, their superannuation contributions will reduce to the level based on their actual salary for that year. Provided that if the employee wishes to maintain superannuation contributions at a notional full-time rate, they will be responsible for making the necessary arrangements and for maintaining both the notional full-time rate for the employee’s and the employer’s contribution.

38.10   Deferred Salary Scheme

38.11   Employees are responsible for informing themselves of all implications of the deferred salary scheme before entering into such an arrangement.

38.12   The period of leave taken in accordance with this clause shall not constitute a break in service and shall count as service for all purposes. However the leave shall not count as service for salary increments.

38.13   An employee may elect to maintain superannuation contributions based on the full-time rate, or to alter contributions to the appropriate proportion of the new salary. An employee who elects to maintain contributions based on the full-time rate shall be responsible for paying the difference between the employer's proportional contribution and the employer's contribution based on the full-time rate.

38.14   An employee may withdraw in writing from this scheme prior to completing the required period of service, in which case a lump sum payment of salary foregone to that time will be made. The employee shall not be entitled to an equivalent absence from duty. Where it is no longer possible to offer the deferred salary scheme, the scheme will cease with effect from that date.

38.15   The following breaks in service will not be considered withdrawal from the scheme, but will be deemed to be non-participatory periods:

• secondments where the outside organisation pays;
• leave without pay;
• sick leave without pay greater than three months;
• parental leave.

Periods of non-participatory service will delay the commencement of the leave year by the length of that non-participatory period. Employees will be paid their normal salary during non-participatory periods.

38.16   Periods deemed to be participatory include:

• approved leave while in receipt of Workers' Compensation;
• sick leave without pay less than or equal to three months, with salary in the final year adjusted accordingly;
• long service leave;
• sick leave with pay;
• annual leave.

38.17   An employee may not work for the University during the period of leave provided under this sub-clause.

39.1   Subject to the provisions of subclauses 39.1.1 and 39.1.2 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 holidays or University holidays. Provided that:

39.2   If, in terms of Senate resolutions 273/60 and 139/64, any of the days stated in subclause 39.1 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 normally being taken between the Christmas and New Year holidays or immediately following the New Year holidays. Provided that leave in lieu accrued under this clause can be cleared at an alternative time agreed to by the employee and the employer.

39.3   Notwithstanding the foregoing, and in accordance with subclause 24.2.5 (b) of this agreement, security officers shall be required to take one day's leave in lieu of each of Easter Tuesday and the special New Year's Day at a time mutually convenient and not necessarily during the Christmas closedown.

39.4   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 take either annual leave, accrued time in lieu or leave without pay for the required number of days.

39.5   An employee who is required to work on an appointed holiday shall, subject to the provisions of clause 24.6, be paid or granted equivalent time off in lieu as prescribed in clause 24.8 for the time so worked.

39.6   By agreement between the University and the employees in the Perth International Arts Festival and employees involved in the 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.

40.1   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' long service leave on full pay.

40.2   For each and every subsequent period of seven years’ continuous service an employee shall be entitled to an additional 13 weeks' long service leave on full pay.

40.3   An employee shall take long service leave accrued in accordance with subclauses 40.1 and 40.2 of this clause at any time within five (5) years of the leave becoming due at a time(s) mutually agreed.

40.4   Upon application by an employee, the Vice-Chancellor may approve of the taking by the employee -

40.5   An employee who clears any pro-rata long service leave entitlement as provided for at subclause 40.4.4 of this clause shall not be liable to repay any monies representing pro-rata long service leave should the employee subsequently resign prior to the full entitlement accruing.

40.6   An employee who, during an accrual period, was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee’s ordinary working hours at the time of commencement of long service leave, may elect to take a lesser period of long service leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of long service leave.

40.7   Any holiday occurring during the period in which an employee is on long service leave shall be treated as part of the long service leave and extra days in lieu thereof shall not be granted.

40.8   A lump sum payment for the monetary equivalent of a long service leave entitlement accrued in accordance with this clause and for any pro rata long service leave based on continuous service of a lesser period than that prescribed by this clause for a long service leave entitlement shall be made in the following cases.

40.9   A calculation of the amount due for long service leave accrued and for pro rata long service leave shall be made at the rate of salary of an employee at the date of retirement, resignation or death, whichever applies, and no such payment shall exceed the equivalent of twelve months’ salary.

40.10   The expression “continuous service” in this clause includes any period during which an employee is absent on full pay or part pay from his duties, but does not include:

40.11   The University will recognise service with other public universities and other public institutions where the institutions have reciprocal arrangements with the University.

40.12   The provisions of this clause shall not apply to casual employees

41.1   For the purposes of this clause:

41.2   The Head, or a senior employee duly authorised by the Head may, upon sufficient cause being shown, grant an employee employed in that school/section leave of absence not exceeding 15 consecutive hours, but any leave granted under the provisions of this clause shall not exceed, in aggregate, 22.5 hours in any one calendar year.

41.3   The minimum period of leave that can be taken is one (1) hour.

41.4   An employee employed on a fixed term contract of more than twelve 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 short leave in accordance with this clause.

41.5   Part-time employees are eligible for short leave in accordance with this clause, on a pro rata basis calculated in accordance with the following formula:

41.6   Leave in accordance with this clause that is granted for the purpose of providing care or support to another person whose care is the responsibility of the employee may be for a period of three (3) consecutive days.

41.7   Leave granted in accordance with this clause for the purpose of providing care or support to another person whose care is the responsibility of the employee may be approved in conjunction with any other leave that may be accessed for family responsibility purposes.

41.8   The provisions of this clause shall not apply to casual employees.

42.1   Subject to the provisions of subclause 42.2 of this clause, the Vice-Chancellor or nominee, on the recommendation of the Head, and by agreement with the employee, may grant an employee leave of absence without pay for a period not exceeding twelve (12) months in the first instance. For fixed term employees leave without pay will not be approved for any period which exceeds the term of the appointment.

42.2   Every application for leave without pay will be considered on its merits and may be granted provided that the following conditions are met:

42.3   Any period that 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.

42.4   The provisions of this clause shall not apply to casual employees.

The Vice-Chancellor or nominee may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training.

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.

46.1   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.

46.2   Intellectual freedom includes:

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.

46.3   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’.

47.1   The University acknowledges that workload for all employees needs to be reasonable and within the scope of agreed position descriptions. The University and employees recognise the importance of a balance between working life and family/social responsibilities and workload demands should fit within this principle. The University will use its best endeavours to ensure the workload of all employees is reasonable.

47.2   Whether work is divided into teams or allocated to individuals, each supervisor is responsible for ensuring workload is fair, equitable and manageable. Balancing workload elements is a matter of judgement between the supervisor and the employee or group of employees. The total workload for each employee should be clearly understood.

47.3   Primary indicators of unreasonable workload may include ongoing need to work excessive hours and inability to clear accrued leave.

47.4   Other factors that may be considered when assessing whether workload is unreasonable include nature of the work, work patterns, environment in which the work is performed, volume of work, employee turnover and level of employee performance.

47.5   The General Staff Consultative Committee may be used as a forum to facilitate consultation between management and employees or employee representatives on matters concerning unreasonable workloads.