Human Resources

Part A ? Preliminaries

3.   Application of the Agreement

This Agreement shall apply at the University and shall be applicable to child care employees.

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4.   Parties and Persons Bound

4.1   This Agreement shall be binding according to its terms upon the following parties:

  1. the University; and
  2. the Child Care Centre employees.

4.2   The Agreement shall also bind all persons who, although not party to the Agreement, are employed subject to this Agreement.

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5.   Term

5.1   This Agreement shall commence operation 7 days after it is approved by the FWC and it shall have a nominal expiry date 3 years from the day that the FWC approves it.

5.2   This Agreement will continue to operate after its nominal expiry date unless it is terminated or replaced in accordance with the Fair Work Act 2009 (Cth).

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6.   Agreement Closed and Comprehensive

6.1   This Agreement encompasses and exclusively deals with all matters provided for herein during its operation. The parties to this Agreement agree that there will be no further claims in respect to this Agreement for its nominal life except as prescribed in:

6.2   This Agreement supersedes and replaces in its entirety The University of Western Australia Child Care Employees Agreement 2009-2012.

6.3   This Agreement prevails over all sector wide awards other than the Tertiary Education Superannuation Scheme - Superannuation Award 1988.

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7.   Aim of the Agreement

7.1   It is the objective of the parties to this Agreement to implement change and improvement that supports the provision of high quality child care.

7.2   Specifically, the key objectives are:

7.2.1   to recruit, develop and retain the highest quality staff;

7.2.2   to make decision-making structures and processes more responsive to the needs of the Child Care Services group;

7.2.3   to ensure fair treatment of staff;

7.2.4   to ensure continuous improvement in quality of service.

7.3   Management and employees are committed to co-operating positively to implement work practices that consider operational needs and are mutually beneficial.

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8.   Re-open Negotiations

8.1   The parties undertake to re-open negotiations at least three months prior to the expiry of this Agreement with a view to negotiating and settling any replacement Agreement.

8.2   A replacement Agreement will be negotiated within the following framework:

8.2.1   The parties undertake to continue the process of bargaining relating to the child care employees employed at the University. The parties shall make every reasonable effort in good faith to reach agreement during enterprise bargaining.

8.2.2   The parties agree that where arrangements reached through enterprise bargaining are such as to require being given legal force this will occur in accordance with the requirements of the Fair Work Act 2009 (Cth).

8.2.3   Agreements reached through enterprise bargaining shall not be based on the automatic flow-on of arrangements reached elsewhere through enterprise bargaining.

8.2.4   A purpose of enterprise bargaining shall be the achievement of productivity gains and improvements in efficiency, effectiveness, quality and flexibility. In that context:

  1. enterprise bargaining shall be directed towards initiatives that will achieve improvements in productivity, efficiency, effectiveness, quality, flexibility and equity;
  2. productivity gains must be genuinely attributable to workplace reform;
  3. there is to be no double counting of productivity gains already achieved or explicitly contemplated under existing agreements and other agreed arrangements;
  4. existing conditions and agreements shall continue to be recognised and implemented;
  5. arrangements to encourage equal opportunity and affirmative action shall be provided for; and
  6. the University shall provide relevant financial disclosure; provided that this shall not require the University to disclose confidential information, the disclosure of which would be inimical to its interests.

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9.   Definitions

9.1   Agreement   Means this agreement, being The University of Western Australia Child Care Employees’ Collective Agreement 2015.

9.2   Casual  

  1. Means an engagement specified as such at the time of appointment which is for a period not exceeding one month on a full-time or part-time basis provided that an appointment on an irregular basis may be for a period of up to twelve months in any instance.
  2. Notwithstanding subclause (a) a part-time employee who is employed on a regular basis may, with the consent of the University, elect to be paid as a “casual”.
  3. A loading of 25% of basic salary will be paid to casual appointees. The casual loading is in lieu of entitlements specifically excluded from this Agreement, including all leave entitlements, penalties and loadings for such appointments.
  4. Casuals shall be paid for not less than 3 consecutive hours per day.

9.3   Employee   Means any employee covered by this Agreement.

9.4   Fixed Term   Means an appointment for a specified period of time and specified as such at the time of the appointment.

9.5   FWC   Means the Fair Work Commission

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

9.7   Manager   Means Manager Child Care Services or nominee.

9.8   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 roster basis each week.

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

9.10   Senate   Means the Senate of The University of Western Australia constituted under the authority of The University of Western Australia Act 1911 (WA).

9.11   University   Means The University of Western Australia constituted under the authority of The University of Western Australia Act 1911 (WA).

9.12   Vice-Chancellor   Means the Vice-Chancellor of The University of Western Australia.

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