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General Staff Agreement

Preliminaries

 
 General Staff Agreement 2009
 
 Part A - Preliminaries

Part A - Preliminaries

1. Title

This Agreement shall be known as The University of Western Australia General Staff Agreement 2009.

 

 

2. Arrangement

Part A – Preliminaries

1.   Title
2.   Arrangement
3.   Application of Agreement
4.   General Staff Consultative Committee
5.   Term
6.   Agreement Closed and Comprehensive
7.   Aim of the Agreement
8.   Definitions
9.   Indigenous Australian Employment
10.   Availability of Agreement


Part B – Appointments/Terminations/Classifications

11.   Appointments
12.   Contract of Service
13.   Termination
14.   Working Arrangements

15.   Part-time Working Arrangements
16.   Classification Structure


Part C – Employment Conditions

Section 1: Salaries

17.   Payment of Salaries, Allowances and Overtime
18.   Salaries

19.   Training Rate
20.   Employees Eligible for Supported Salary
21.   Salary Increases
22.   Incremental Progression
23.   Salary Progression
24.   Overtime
25.   Overpayments
26.   Superannuation

Section 2: Allowances

27.   Out of Hours Contact
28.   Shiftwork : Conditions and Allowance
29.   Higher Duties Allowance
30.   Travelling Allowance
31.   Payment of Hire for Use of an Employee’s Own Vehicle
32.   First Aid: Conditions and Allowance
33.   Other Allowances

34.   Uniforms and Protective Clothing

Section 3: Leave Provisions

35.   Absence on Account of Illness, Injury or Caring
36.   Annual Recreation Leave
37.   Additional Leave Entitlements
38.   Employee Funded Extra Leave
39.   Holidays and Christmas Closedown
40.   Long Service Leave
41.   Short/Compassionate/Bereavement/Ceremonial Leave
42.   Leave Without Pay
43.   Parental Leave

Section 4: Other Provisions

44.   Performance of Duties
45.   Intellectual Property
46.   Intellectual Freedom
47.   Workloads


Part D – Performance Management and Development

48.   Professional Development Review


Part E – Job Security and Managing Change

49.   Consultation on Organisational Change
50.   Job Security
51.   Redundancy


Part F – Disputes and Grievances

52.   Grievance Settlement Procedure
53.   Dispute Settling Procedure


Part G – Workplace Relations and Related Matters

54.   Workplace Relations Training Leave
55.   Leave to Attend Workplace Relations Matters
56.   Right of Entry
57.   Union Representation


Part H – Equity and Diversity, Health and Safety

58.   Anti-discrimination
59.   Workplace Bullying
60.   Gender Pay Equity
61.   Family Friendly Workplace


Part I – Schedules

Schedule A – Classification and Salary Structure
Schedule B – Broad Level Classification Descriptors
Schedule C – Position Classification Review
Schedule D – Travelling Allowance
Schedule E – Redeployment, Redundancy and Retrenchment
Schedule F – Categories of Employment
Schedule G – Conversion process for casual staff
Schedule H – Traineeships
Schedule I – Reviews

 

 

3. Application of the Agreement

3.1   This agreement is binding according to its terms upon:

3.1.1   The University of Western Australia

3.1.2   The Community and Public Sector Union (CPSU)

3.1.3   The Liquor, Hospitality and Miscellaneous Union (LHMU)

3.1.4   The Australian Manufacturing Workers Union (AMWU)

3.1.5   The National Tertiary Education Industry Union (NTEU).

3.1.6   All University employees to whom this agreement applies who may be classified as General Staff.

3.2   This Agreement does not apply to

3.2.1   persons employed as Academic Staff;

3.2.2   persons employed in teaching non-award English Language courses;

3.2.3   persons involved in the operation of child care facilities; or

3.2.4   persons principally employed in:

(a)   The operation of theatrical venues used predominantly for commercial purposes; or
(b)   Production companies engaged in the production of theatrical, musical or other entertainment on a commercial basis.

3.3   This Agreement is a Union Collective Workplace Agreement pursuant to Section 328 of the Workplace Relations Act 1996 as amended and supersedes and replaces The University of Western Australia General Staff Agreement 2006 (AG No 06156754).

3.4   Nothing in this Agreement shall be taken as incorporating as a term of this Agreement, any policy, procedures or guideline referred to in this Agreement.

 

 

4. General Staff Consultative Committee (GCC)

4.1   Role of the Committee

The role of the General Staff Consultative Committee is to facilitate consultation between management and employees on workplace relations and human resource matters by:

4.1.1   Providing an open forum to raise workplace relations issues; and

4.1.2   Reviewing significant human resource policy initiatives and provide feedback on development and implementation of such initiatives.

The GCC will usually meet on a quarterly basis.

4.2   Membership

The committee comprises:

4.2.1   Director Human Resources as Chair

4.2.2   Three nominees of the Chair;

4.2.3   Three employee nominees from the Unions: one from the CPSU, one from the NTEU and one from the LHMU; and

4.2.4   Three elected employee representatives.

Members appointed under part 4.2.3 shall have a one-year term of office and may be reappointed for a subsequent term.

Members appointed under part 4.2.4 shall have a one-year term of office and may be reappointed for a subsequent term after a nomination and election process as determined by the Chair.

4.3   Elections

4.3.1   Elections for positions on the committee will occur annually. Where an elected member resigns during their term and a vacancy is created, endeavours will be made to fill the vacancy as soon as practicable. The process of the election will be the responsibility of the Chair.

4.4   Time release

4.4.1   Subject to the operational requirements of the University, time release shall be provided to employees of the GCC to perform those functions specified in this Agreement. In particular, employee representatives on the General Staff Consultative Committee (GCC) will require time release to sit on committees and panels, for consultation, and in relevant negotiations.

 

 

5. Term

This Agreement shall take effect from the date of lodgement of this Agreement with the Workplace Authority under the provisions of the Workplace Relations Act 1996 as amended and shall remain in force until 31 December 2009.

 

 

6. Agreement Closed and Comprehensive

6.1   This Agreement is a closed and comprehensive agreement and wholly displaces any award (existing or future) or any agreement which, but for the operation of this agreement would apply.

 

 

7. Aim of the Agreement

7.1   The significant contribution made by employees in the advancement of the University’s strategic goals and priorities is recognised. It is the intention that this agreement represents conditions of employment that seek to establish a basis and environment that is both supportive of staff and the achievement of the goals reflected in the University’s Operational Priorities Plan for 2009-2013.

7.1.1   The University's Operational Priorities Plan 2009-2013 identifies four priority areas:

(a)   Education
(b)   Research and Research Training
(c)   External Relations and Community Engagement
(d)   People and Resources

7.1.2   A priority objective of the OPP is to attract, develop and retain the highest quality staff, supporting development of their full potential, within a ‘One Staff One University’ philosophy.

7.2   It is the objective of this Agreement to implement change in accordance with this Plan and to support the University’s primary vision of advancing, transmitting and sustaining knowledge and understanding through the conduct of teaching, research and scholarship at the highest international standards for the benefit of international and national communities and the State of Western Australia.

7.3   In addition to the objectives identified in the University’s OPP the objectives of this agreement include the facilitation of:

7.3.1   fair treatment of employees;

7.3.2   a flexible approach to change that reflects the demands in operational environments; and

7.3.3   a workplace culture that values work/life balance.

 

 

8. Definitions

8.1   Academic Year   Means the timetable as set out for the relevant School or section

8.2   Act   Means the Workplace Relations Act 1996 as amended.

8.3   Afternoon Shift   Means a shift commencing at or after 12 noon and before 6.00 pm.

8.4   AIRC   Means the Australian Industrial Relations Commission.

8.5   Casual   Means an engagement specified as such at the time and is employed by the hour and paid on an hourly basis in accordance with the appropriate classification. The amount of casual loading is outlined at Schedule F – Categories of Employment.

8.6   Day Shift   Means a shift commencing at or after 6.00 am and before 12 noon.

8.7   Employee Representative   Means a person nominated by an employee to provide support and/or to make representations to the University on their behalf, and who is not currently a practising solicitor or barrister.

8.8   Employer   Means The University of Western Australia constituted under authority of the University of Western Australia Act 1911.

8.9   Fixed Term   Means a fixed term appointment as defined in Schedule F – Categories of Employment.

8.10   Funds Available   Means the sum of money which is allocated for the payment of salary, salary related allowances and on-costs.

8.11   Head   Dean, Head of School or Section or as otherwise defined under the University’s delegations but does not include a Head of Discipline.

8.12   Level   Means a classification level from the ten level structure set out in accordance with Schedule A – Classification and Salary Structure.

8.13   Night Shift   Means a shift commencing at or after 6.00 pm and before 6.00 am.

8.14   Ongoing Contingent Funded Research Contract   Means an appointment made in accordance with Schedule F – Categories of Employment

8.15   Part-Time   Means an engagement in which the appointee is required to work a certain number of hours, but less than 37.5 hours per week on a regular basis each week.

8.16   Pre Translation Employee   Means a member of the general staff, covered by this Agreement who was an employee of the University as at 19 April 1994 and has been continually employed on an ongoing or fixed term capacity since that date.

8.17   Research Grant   Means a sum of money made available to the University for the conduct of a specific research project or programme which is to be undertaken over a specified period of time.

8.18   Salary Horizon   Means the maximum salary that a pre translation employee could have attained for the classification of the position occupied as at 19 April 1994.

8.19   Salary Protection at Point (SPP)   Means those identified points on the salary schedule (shown Schedule A – Classification Salary and Structure) that can be accessed by pre translation employees in order to protect their previous salary horizon.

8.20   Satisfactory medical evidence   A certificate from a registered doctor, dentist, physiotherapist, chiropractor or clinical psychologist.

8.21   Senate   Means the Senate of The University of Western Australia constituted under the authority of The University of Western Australia Act 1911.

8.22   Union   Means:

  • The Community and Public Sector Union (CPSU); and/or
  • The Liquor, Hospitality and Miscellaneous Union (LHMU); and/or
  • The Australian Manufacturing Workers Union (AMWU); and/or
  • The National Tertiary Education Industry Union (NTEU).

8.23   University   Means The University of Western Australia constituted under the authority of the University of Western Australia Act 1911.

8.24   Vice-Chancellor   Means the Vice-Chancellor of The University of Western Australia or a person acting in the Vice-Chancellor’s position, or as his or her nominee.

 

 

9. Indigenous Australian Employment

9.1   The University is committed to furthering the employment of Indigenous Australians. The University will during the life of this Agreement continue to develop and promote the University’s Indigenous Employment and Career Development Policy consistent with the University’s Workforce Diversity Strategy and the operational needs of the University.

9.2   The Indigenous Employment Steering Committee will continue to operate as a partnership between the School of Indigenous Studies and the University. Aspirational targets for the employment of Indigenous Australians are as detailed in the University Operational Priorities Plan 2006 – 2008.

9.3   The objectives of the policy include:

9.3.1   Maximising staff development and career planning opportunities by promoting the transfer of job skills and information in order to increase Indigenous staff's knowledge, independence, remuneration, job security and self-sufficiency; and

9.3.2   Increasing the employment of Indigenous Australians, consistent with sub-clause 9.2, by fostering their employment and participation at all levels of work activity within the University.

9.4   In the pursuit of these objectives it is envisaged that the University will:

9.4.1   Respect and consider the cultural, social and religious systems practiced by Indigenous Australians;

9.4.2   Support participation of Indigenous Australians in activities of a cultural and ceremonial nature, recognising that the provision of paid leave for such purposes has a direct impact on the effectiveness of Indigenous Australians as employees and is therefore of direct benefit to the University;

9.4.3   Ensure employees are supported by institutional policies and procedures aimed at eliminating racism in the workplace and making the institution culturally responsive and responsible; and

9.4.4   Recognise the importance of NAIDOC week activities for Indigenous Australians and support their participation in these activities as legitimate staff development.

9.5   In support of the participation of Indigenous Australians in activities of a cultural or ceremonial nature in addition to the leave entitlements prescribed at clause 41 – Short/Compassionate/Bereavement/Ceremonial/Cultural Leave an additional 2 days ceremonial/cultural leave is available to Indigenous Australians in any one calendar year. Leave provided under this clause does not accumulate year to year.

 

 

10. Availability of Agreement

This agreement shall be placed electronically on the world wide web available to University staff. A hard copy shall be available for inspection upon request by any employee of the University through Human Resources.

 

 
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