Human Resources

Part B ? Appointments / Terminations / Classifications

10.   Vacancies

10.1   Vacant positions covered by the terms and conditions of this Agreement will not be filled until they have been advertised in a way that the Vice-Chancellor deems necessary. An advertisement on the University’s web site for a period of at least one week will be deemed to constitute the advertisement of a vacancy.

10.2   Notwithstanding the provisions of subclause (10.1) of this clause, the Vice-Chancellor may appoint a person not already in the employ of the University to a vacancy covered by the terms and conditions of the Agreement if in the opinion of the Vice-Chancellor:

10.2.1   it would be expedient or desirable, in the interests of the University, to appoint such a person; and/or

10.2.2   there is no person already in the employ of the University suitable, qualified or capable to perform the duties of the vacancy.

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11.   Appointments

11.1   Where a position is to be filled on an ongoing or fixed term basis, a written offer of appointment will be made, but need not be provided to a casual employee. Every employee who is given a letter of appointment shall have the following included in the letter:

11.1.1   the title of the position;

11.1.2   if the position is part time, the employment fraction;

11.1.3   the salary range applicable for the position;

11.1.4   the commencing salary;

11.1.5   whether the position is ongoing or fixed term, in which case it shall specify the term for which the position is being offered; and

11.1.6   any probationary period applicable.

11.2   All initial appointments to positions covered by the terms and conditions of this Agreement shall be subject to:

11.2.1   completion of a pre-employment childcare worker medical examinations and vaccinations as required by the Health Department of Western Australia;

11.2.2   evidence of date of birth in the form of a certified copy of birth registration, an extract therefrom or other documents acceptable to the Vice-Chancellor;

11.2.3   evidence of ability to work in Australia where the appointee is not an Australian citizen; and

11.2.4   evidence of a current Working With Children Card valid in Western Australia

11.3   Any fees payable in connection with the production of the certificates or documents referred to in subclause (11.2) of this clause shall be the responsibility of the appointee.

11.3.1   Any fees payable in connection with the production of the Nominated Supervisor or Certified Supervisor certificates in accordance with the Education and Care Services National Law (WA) Act 2012 and the Education and Care Services National Regulations 2012 will be paid for by the University.

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12.   Contract of Employment

12.1   Except as otherwise provided in this clause the contract of service for ongoing employees shall be by the month and may be terminated by not less than four weeks’ notice on either side given in writing on any day or by the payment or forfeiture, as the case may be, of four week’s salary, provided that:

  1. during any probationary period the contract of service may be terminated by one week’s notice on either side given in writing on any day or by the payment or forfeiture, as the case may be, of one week’s salary;
  2. a lesser period of notice may be given at any time if the University and the employee mutually agree.

12.1.2   The contract of service for a casual employee shall be by the hour and may be terminated by one hour’s notice on either side.

12.1.3   This clause does not affect the right of the University to dismiss an employee for misconduct.

12.1.4   An employee who holds an ongoing appointment and whose position becomes surplus to requirements shall be treated in accordance with Schedule E – Redeployment, Redundancy and Retrenchment.

12.1.5   An employee who holds a fixed term appointment and whose position becomes surplus to requirements shall be treated in accordance with Schedule F – Redundancy for Employees on Fixed Term contracts.

  1. the period of notice to be given by the University is increased by 1 week if the Employee is over 45 years of age and has completed at least 2 years’ continuous service with the University at the end of the day the notice is given.

12.2   Probation

12.2.1   Every appointee, except one engaged on a casual or fixed term appointment of less than twelve months shall in the first instance be appointed on probation only and may be continued in such probationary appointment for a period of three months. On the expiry of the period of probation the Vice-Chancellor may, on the recommendation of the Manager, confirm or annul the appointment or extend the period of probation for a further period or periods not exceeding three months, but so that in any event the total period of probation shall not exceed six months. Should an appointee on probation have the period of probation extended the appointee shall be notified of the reason in writing not less than two weeks prior to the conclusion of the initial probationary period.

12.2.2   Where there are concerns with the employee's capacity to perform the requirements of the position, the employee shall be alerted of these and given the opportunity to address the concerns.

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13.   Termination

13.1   Where the Vice Chancellor decides to terminate in accordance with clause 12 – Contract of Employment of this Agreement, other than in the case of a casual employee or an employee on probation, the employee shall be advised in writing of the decision and the reason for it.

13.2   Any application alleging unfair dismissal can only be referred to the FWC in accordance with the Fair Work Act 2009 (Cth).

13.3   The provisions of subclause 13.2 shall not apply to probationary employees or to casual or fixed term employees at the expiry of the term.

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14.   Working Arrangements

14.1   Hours of Duty

14.1.1   The ordinary hours of duty shall be 37.5 hours per week to be worked in one period of 7.5 hours per day (exclusive of meal breaks) between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive.

14.1.2   Provisions shall be made for Educators who are responsible for the developmental program and associated documentation to be given a minimum of 3 hours per week during normal hours of duty as non-contact programming time.

14.1.3   The implementation of the working of ordinary hours referred to in 14.1.1 above shall be agreed at Child Care Services to reflect work demands and the needs of clients.

14.1.4   Employees will ordinarily be required to participate in no less than 6 staff meetings, in service courses or parent evenings as required to a maximum of 12 in a 12 month period.

14.1.5   First Aid courses will be paid for by the University. Employees will not be eligible for overtime or time off in lieu (TOIL) when attending these courses.

14.2   Conversion to 50/52 Employment

14.2.1   A full-time employee has the option of converting to a 50 week paid year. This involves working 46 weeks over a negotiated 12 month period. Within that 12 month period, an employee is entitled to have 2 weeks of paid absence in addition to the normal 4 weeks' annual leave, with a commensurate reduction in total salary rate for the 12 months.

14.2.2   All full-time employees are eligible to apply to the Manager for agreement to work a 50 week year.

14.2.3   Participation in the 50 week year scheme is for a period of one year and is to be renegotiated annually (usually at the beginning of the year). A maximum of two employees may participate in any one year.

14.2.4   When agreement is reached for an employee to work a 50 week year, the salary will be paid at the rate of 50/52 of the full-time salary for that twelve-month period. During the period, all annual, sick, carer's and long service leave will continue to accrue.

14.2.5   All six weeks leave must be taken by mutual agreement during the period for which agreement to participate in the scheme has been reached. All six weeks' leave will be paid at a salary rate of 50/52 of the full-time salary.

14.2.6   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.

14.2.7   Sick leave or any other paid leave shall be paid at the rate of 50/52 of full-time salary.

14.2.8   Leave shall be taken in line with rosters developed by the Manager and shall count as service for long service leave and increment purposes. All 6 weeks' leave taken during the period of a 50 week appointment will be paid at the rate of 50/52 of full-time salary.

14.2.9   During the period an employee participates in the 50 week scheme, their superannuation contributions will reduce to the level based on their actual salary for that year, provided that if an employee wishes to maintain superannuation contributions at a notional fulltime 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 University's contribution.

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15.   Part-time Employees

15.1   An employee may be appointed in a part-time capacity to work less than the normal hours of duty of 37.5 worked on a regular roster as prescribed by Clause 9 - Definitions of this Agreement.

15.2   The rate of salary for an employee appointed to work part-time shall be calculated pro rata to the salary appropriate to the class of work for which the employee is engaged in the proportion which the hours of work bear to 37.5.

15.3   An employee appointed to work part-time shall be allowed entitlements in accordance with the provisions of this Agreement in the proportion that the hours worked bear to 37.5. Specifically the following shall apply to part-time employees:

15.3.1   Hours of duty

  1. Except as agreed between the University and the employee, the parameters for the working of ordinary hours shall be the same as the span of hours provided in Clause 14.1 – Hours of Duty.
  2. The employee appointed to work part-time shall be informed of the prescribed weekly and daily hours, which will constitute the ordinary working hours of the employee.
  3. If agreement is reached to vary an employee’s ordinary working hours, time worked to 7.5 hours on any day is not to be regarded as overtime, but as an extension of the ordinary hours for that day and shall be paid at the normal rate of pay.
  4. Additional days worked, up to a total of five days per week, are also regarded as an extension of the contract and shall be paid at the normal rate and leave entitlements shall accrue accordingly.

15.3.2   Annual Increments

  1. Where incremental steps are provided in the salary scale an employee appointed to work part-time shall be allowed annual increments in accordance with Clause 18 - Increments of this Agreement, subject to meeting the usual performance standards.

15.3.3   Leave

  1. An employee appointed to work part-time shall be allowed entitlements in accordance with the provisions of this Agreement in the proportion that the hours worked bear to 37.5.
  2. Payment to an employee proceeding on annual leave and long service leave shall be calculated on a pro rata basis having regard for any variations to the employee’s ordinary working hours during the accrual period.
  3. Sick leave and any other paid leave shall be paid at the current salary, but only for those hours or days that would normally have been worked had the employee not been on sick leave.

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16.   Conversion of Employment Status of Existing Employees

16.1   During the life of this Agreement, at the end of each calendar year the University will make available the equivalent of two (2) full time ongoing positions to all employees employed on a fixed term contract, who have a minimum of two years continuous service.

16.2   Subsequent offers will be made to employees based on length of service. No other criteria will apply.

16.3   Notwithstanding the above, a maximum of seven full time equivalent (FTE) positions will be on an ongoing employment basis within the coverage of this Agreement.

16.4   The provisions of this clause shall not apply to casual employees or to employees undergoing an unsatisfactory performance management process.

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17.   Classification Structure

All positions pursuant to this Agreement will be classified as outlined in Schedule A – Classification Salary and Structures.

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18.   Increments

18.1   Date of Increment

18.1.1   Where incremental steps are provided in the salary scale the date of incremental adjustment of salaries shall be the anniversary of appointment as a new employee.

18.2   Incremental progression

18.2.1   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:

  1. the employee’s supervisor shall discuss performance of duties not later than one month before an increment is due;
  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;
  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 for handling unsatisfactory job performance and unsatisfactory job-related behaviour. The employee shall be informed by the supervisor of the reasons thereof 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 Director of Student Services before determining whether the recommendation to withhold an increment will be approved. The Manager and employee will be informed of the decision by the Director, Human Resources;
  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;
  5. the decision to defer an increment shall be reviewed within a period not exceeding four (4) months of the date of deferral;
  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.

18.2.2   Notwithstanding the provisions of subclause 18.1.1 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.

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