Human Resources

Part C - Employment Conditions - Remuneration

17.   Payment of Salaries, Allowances and Overtime

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 no 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.

17.6.1   In circumstances where an employee does not have access to electronic payslips, arrangements may be made for receipt of a hard copy payslip.

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18.   Salaries

18.1   Salary Payments

18.1.1   All Professional and General staff employed by The University will be paid no less than the minimum rate prescribed for the appropriate classification level of their position.

18.1.2   The salary rate listed in Level 10 shall be the guaranteed minimum rate payable to employees at this level. The remuneration payable to all future appointments to Level 10 occurring after the date of this Agreement shall be as agreed between the University and the appointee but shall not be less than that prescribed for Level 10 from time to time.

18.1.3   Apprentices are to be paid the following percentage rate of the first point of Level 3:

1st year 42%
2nd year 55%
3rd year 75%
4th year 88%

18.1.4   Provided that an adult apprentice shall not be paid at a rate less than the Adult Minimum Wage.

18.1.5   Students employed on a casual basis in the University Library to perform general clerical and library functions are to be paid 80% of the first point of Level 2.

18.2   Salary Packaging

18.2.1   Notwithstanding the salaries contained in subclause 18.1 and Schedule A and any other provision of this Agreement the salary that would otherwise be applicable to an employee shall be reduced by such amount as is agreed between the employee and the University to the extent necessary to provide a package for the employee containing the reduced salary and packaged items.

18.2.2   Where the University and an employee enter into a salary packaging agreement, by acting in accordance with the salary packaging agreement, the University shall be taken to have satisfied its obligation under subclause 18.1 and Schedule A – Classification and Salary Schedule of this Agreement.

18.2.3   Each employee who elects to salary package will be required to enter into a Salary Packaging Agreement with the University.

18.2.4   In respect of an employee who enters into a salary packaging agreement, the salary rate that would otherwise be applicable to the employee under subclause 18.1 and Schedule A – Classification and Salary Schedule of this Agreement shall be used as the basis to calculate entitlements in respect of:

(a)   Higher duties allowance;

(b)   Leave loading;

(c)   Outstanding leave due upon termination of employment;

(d)   Redundancy/early retirement payments;

(e)   Overtime (including commuted overtime); and

(f)   Shift work.

18.2.5   While an employee who has entered into a salary packaging agreement is on any form of paid leave during employment including, for example, Annual Leave and Long Service Leave, the employee shall continue to be paid in accordance with the terms of the salary packaging agreement.

18.2.6   An employee shall continue to be paid in accordance with the terms of the salary packaging agreement during any form of paid leave.

18.2.7   This Agreement will be varied to the extent necessary to give effect to legislative changes associated with salary packaging.

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19.      Training Rate

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

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20.      Employees Eligible for a Supported Salary

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 according to the National Minimum Wage Order, as adjusted from time to time, the greater of either $78 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.

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21.   Salary Increases

21.1   This Agreement provides for a salary increase to be paid in instalments as set out below:

Increase Effective from beginning of
2.0% Administrative payment September 2013
$500 one-off payment (pro-rata and excluding casuals) The first full pay period after lodgement.
0.75% The first full pay period after lodgement.
3.0% September 2014
3.0% September 2015
3.25% September 2016

21.2   Revised salary rates are set out at Schedule A- Classification and Salary Schedule.

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22.   Incremental Progression

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:

22.1.1   The employee’s supervisor shall discuss performance of duties no later than 1 month before an increment is due.

22.1.2   The employee’s supervisor, following discussion with the employee, shall submit an incremental report recommending either payment or deferral of the increment provided that where the employee’s supervisor fails to submit an incremental report the employee’s increment will proceed automatically.

22.1.3   Where deferment of an increment is recommended the report shall detail the steps which have been undertaken to address unsatisfactory performance or behaviour in accordance with the University’s procedures and Schedule K – Unsatisfactory Performance for handling unsatisfactory job performance and unsatisfactory job-related behaviour. The employee shall be informed by the supervisor of the reasons therefore and be entitled to reply in writing and to have the reply considered by the Director, Human Resources. The Director, Human Resources shall review the report and consult with the Head before determining whether the recommendation to withhold an increment will be approved. The Head and the employee will be informed of the decision by the Director, Human Resources.

22.1.4   In the event that an increment is deferred the supervisor shall counsel the employee and identify the steps the employee should take to improve their performance.

22.1.5   The decision to defer an increment shall be reviewed within a period not exceeding 4 months of the date of deferral.

22.1.6   Any subsequent approval for payment of an increment shall be effective from the date approval to proceed is granted. Thereafter, future annual increments shall become due on the original anniversary date.

22.1.7   Subject to Clause 42 – Leave Without Pay, the date of incremental adjustment of salaries shall be the anniversary of:

(a)   Appointment of a new employee;

(b)   Appointment of an employee to a vacant position at a higher level;

(c)   Reclassification of an employee’s position to a higher level; or

(d)   Advancement of an employee to a higher level pursuant to this Agreement.

22.2   Notwithstanding the provisions of subclause 22.1 of this Clause the University may, in exceptional circumstances, advance an employee more than 1 increment or grant a special increment or increments in the salary range appropriate to the classification allocated to the position the employee occupies.

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23.   Salary Progression

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:

23.1.1   They have the skill, achieved either through training or experience, or a combination of both, to warrant such progression; and

23.1.2   They perform duties which require the skill levels at Level 2.

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:

23.3.1   The employee has been at the top of the salary range or at the salary protection point of the substantive level held for a minimum period of 12 months; and

23.3.2   The employee is not subject to unsatisfactory work performance or work related behaviour procedures.

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.

23.8.1   Employees in receipt of a Salary Progression Allowance are entitled to continued payment of the allowance during periods of paid leave.

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

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24.   Overtime

24.1   Subject to subclause 24.3 the University may require an employee to work reasonable overtime at overtime rates.

24.2   The Overtime rates in this Clause do not apply to either Security Shift Work Employees or Non-Security Shift Work Employees.

24.3   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:

24.3.1   Any risk to employee health and safety;

24.3.2   The employee’s personal circumstances including any family responsibilities;

24.3.3   The needs of the workplace or enterprise;

24.3.4   The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

24.3.5   Any other relevant matter.

24.4   All work performed by direction of the Head or by a duly authorised senior employee before the normal starting time or after the normal finishing time on any working day, Monday to Friday inclusive or on a Saturday, Sunday or holiday, by an employee who works the normal hours of duty as stated in this Agreement shall be classed as overtime. Subject to the provisions of this Clause, shall be paid for at the hourly rate prescribed by subclause 24.5 of this Clause.

24.5   Payment for overtime shall be calculated on an hourly basis in accordance with the formulae -

Weekdays For the first three hours on any one week day
 fortnightly salary   x   3 
75    2 
  After the first three hours on any one week day
 fortnightly salary   x   2 
75    1 
 
Saturdays For the first three hours on any Saturday
 fortnightly salary   x   3 
75    2 
  After the first three hours or after 12 noon, whichever is the earlier, on any Saturday
 fortnightly salary   x   2 
75    1 
 
Sundays  
 fortnightly salary   x   2 
75    1 
 
Holidays: Employees referred to in subclause 24.3.1:  
During normal hours of duty (in addition to the normal day’s pay) –
 fortnightly salary   x   3 
75    2 
During hours outside of normal hours of duty –
 fortnightly salary   x   5 
75    2 
Employees referred to in subclause 24.3.2:  
During ordinary rostered hours of duty –
NIL
During hours outside of ordinary rostered hours of duty –
 fortnightly salary   x   5 
75    2 

24.5.1   For the purpose of this subclause “fortnightly salary” shall not include any personal allowance, special allowance or higher duties allowance unless otherwise approved by the Vice-Chancellor. Provided that a special allowance or higher duties allowance shall be included in “fortnightly salary” when overtime is worked on duties for which these allowances are specifically paid.

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.

24.7   Where an employee is required to work overtime on a regular basis a commuted overtime allowance may be agreed. Such allowance may only be established with the express agreement of both the employee and the University.

24.7.1   In negotiating or reviewing the allowance the employee may request the involvement of an employee representative.

24.7.2   The allowance will be based on the overtime provisions contained in this Clause and will have regard for the anticipated hours of overtime to be worked. The basis of the calculation will be recorded and signed by the employee and his/her supervisor.

24.7.3   Any allowance agreed will be reviewed at the request of either the employee or the University and in any event, at least every 12 months from the date the allowance commenced.

24.7.4   Any allowance agreed will not be superannuable and will not be included in the calculations of annual recreation leave loading.

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 less than 30 minutes.

24.9   An employee who is required to return to duty—

24.9.1   On a Saturday, Sunday or holiday, shall be entitled to payment for overtime at the prescribed rate for a minimum period of three hours; or

24.9.2   Before or after the prescribed hours of duty on any week day, shall be entitled to payment for overtime at the prescribed rate for a minimum period of—

(a)   1.5 hours when prior notice has been given; and

(b)   2.5 hours when prior notice has not been given.

24.9.3   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 workplace 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 workplace 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:

24.12.1   An employee whose maximum salary, or maximum salary and allowance in the nature of salary, exceed(s) the amount determined from time to time as set out for Level 7 in Schedule A – Classification and Salary Schedule;

24.12.2   An employee whose work is not subject to close supervision.

24.13   Notwithstanding the provisions of subclause 24.12 of this Clause, where from the nature of the duties required or from other relevant circumstances it appears just and reasonable, any such employee as is referred to in that subclause shall, with the special approval of the Vice-Chancellor, be paid overtime or granted time off in lieu as prescribed by this Clause.

24.13.1   When an employee not subject to close supervision is directed by the Head or by a duly authorised senior employee to carry out specific duties involving the working of overtime, and provided such overtime can be reasonably determined, such employee shall be entitled to payment or time off in lieu of overtime worked in accordance with this Clause.

24.14   Where an employee performs overtime duty after the time at which the employee’s normal hours of duty end on 1 day and before the time at which the employee’s normal hours of duty are to commence on the next succeeding day for a period which results in the employee not being off duty between these times for a continuous period of not less than 10 hours, the employee is entitled to be absent from duty without loss of salary until, from the time of ceasing overtime duty, the employee has been off duty for a continuous period of 10 hours. Provided that when an employee is required to return to or continue work without such break the employee shall be paid at double the ordinary rate until released from duty, until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

24.14.1   The provisions of this subclause shall not apply to employees on call.

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 this Clause.

24.16   Where overtime is cancelled with less than 4 hours' notice, an allowance of 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 5 hours’ overtime duty without a meal break. At the conclusion of a meal break the calculation of the 5 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 2 hours. Such reimbursement shall be in addition to any payment for overtime to which the employee is entitled.

  $
Morning meal 9.63
Midday meal 11.84
Evening meal 14.24

These allowances will be varied each July to give effect to CPI annual movements released with the March quarter figures.

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25.   Overpayments

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.

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26.   Superannuation

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:

26.1.1   a 17% employer superannuation contribution for full-time and part-time employees, in accordance with existing University of Western Australia eligibility provisions; or

26.1.2   a 17% employer superannuation contribution for fixed-term employees with continuous service of 2 years or more; or

26.1.3   the Superannuation Guarantee employer contribution for all other employees.

26.2   An employee may elect to forego the 3% employer superannuation contribution payable to the member’s UniSuper accumulation account 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 Division (DBD) or Accumulation 2 Plan 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.

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