Human Resources

Part A - Preliminaries

1.   Title

This Agreement shall be known as The University of Western Australia ELICOS Teachers Agreement (2015).

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2.   Arrangement

Part A – Preliminaries

  1. Title
  2. Arrangement
  3. Application of the Agreement
  4. Term
  5. Agreement Closed and Comprehensive
  6. Aim of Agreement
  7. Definitions
  8. Indigenous Australian Employment

Part B – Appointments/Terminations

  1. Vacancies
  2. Appointments
  3. Contract of Service
  4. Termination
  5. Termination of Employment on the Grounds of Ill Health
  6. Hours of duty
  7. Part-Time Employees

Part C – Salaries and Additional Payments

  1. Salaries and Allowances
  2. Salary Packaging
  3. Gender Pay Equity
  4. Payment of Salaries
  5. Salary Increases
  6. Professional Development Review
  7. Incremental Progression
  8. Accelerated Increments
  9. Higher Duties Allowance
  10. Employees Eligible for a Supported Salary

Part D – Leave

  1. Personal Leave (Sick and Carer’s)
  2. Annual Leave
  3. Employee Funded Extra Leave
  4. Holidays and Christmas Closedown
  5. Long Service Leave
  6. Short, Compassionate/Bereavement, Ceremonial/Cultural Leave
  7. Leave Without Pay
  8. Parental and Partner Leave
  9. Community and Other Leave Entitlements
  10. Veterans’ Leave
  11. Time off for Study Purposes
  12. Leave for International Sporting Events
  13. Workplace Relations Training Leave
  14. Leave to Attend Workplace Relation Matters

Part E – Other Provisions

  1. Dispute Settlement Procedure
  2. Grievance Procedures
  3. Consultation on Organisational Change
  4. Performance of Duties
  5. Accredited Representatives of Union
  6. Right of Entry
  7. Equal Employment Opportunity and Affirmative Action, and Occupational Health and Safety
  8. Anti-discrimination
  9. Family Friendly Provision
  10. Availability of Agreement
  11. Re-open Negotiations
  12. Superannuation
  13. Professional Development
  14. Prevention of Workplace Bullying
  15. Intellectual Freedom
  16. Flexible Work Arrangements
  17. Signatories

Part F – Schedules

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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 National Tertiary Education Industry Union (NTEU); and

3.1.3   All University employees to whom the agreement applies who teach non-award English Language courses.

3.2   This Agreement does not apply to the University’s Academic and Professional and General Staff or persons principally:

3.2.1   involved in the operation of child care facilities, or

3.2.2   employed in –

(a)   the operation of theatrical or University Club 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 an Enterprise Agreement pursuant to Section 172 of the Fair Work Act 2009 and supersedes and replaces The University of Western Australia ELICOS Teachers Agreement 2011 (AG2011/3272).

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

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4.   Term

This Agreement shall take effect from the beginning of the first pay period commencing on or after the date of approval of this Agreement by FWA under the provisions of the Fair Work Act 2009 as amended and shall have a nominal expiry date of 31 December 2016.

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5.   Agreement Closed and Comprehensive

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.

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6.   Aim of the Agreement

6.1   The significant contribution made by employees in the advancement of the University's strategic goals and priorities is recognised. lt 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 Strategic Directions. In addition to the objectives identified in the University's Strategic Plan, the objectives of this Agreement include:

6.1.1   to support the University in attracting the highest quality international students by providing excellent English language programmes to ensure international students meet the University's English language proficiency requirements;

6.1.2   to concentrate on the teaching of and research into the teaching and learning of the English language;

6.1.3   to increase the University's funding base;

6.1.4   to develop and direct resources preferentially to areas of particular strength, importance and opportunity;

6.1.5   to build strategic partnerships and alliances; and

6.1.6   to improve collaboration within the University;

The parties also agree that the objectives will not be limited to the measures set out in this subclause.

6.2   In addition to the objectives identified in the University’s Strategic Plan the objectives of this agreement include the facilitation of:

6.2.1   fair treatment of employees;

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

6.2.3   a workplace culture that values work/life balance.

6.3   It is recognised that an important factor in reaching the above objectives is the development of a working environment where all parties are involved with the decision-making process. The University, employees and their Unions are committed to co-operating positively to implement work practices that are flexible and mutually beneficial.

6.4   The parties are seeking a co-operative approach and have identified common goals in which to achieve objectives. The common goals come under 5 headings:

6.4.1   supporting high performance teaching and research;

6.4.2   University efficiency and effectiveness;

6.4.3   providing a working environment which is conducive to quality output; and

6.4.4   reviewing current conditions.

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7.   Definitions

Act

Fair Work Act 2009

Casual

An employee employed on an hourly basis as follows:

(i)   on regular hours for up to 5 weeks;

(ii)   on irregular hours (as and when required) for up to 12 months;

Centre

Centre for English Language Teaching.

ELICOS

English Language Intensive Courses for Overseas Students.

FWC

Fair Work Commission

Fixed Term

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

Director

Head of School or Section or as otherwise defined under the University’s delegations.

NEAS

National ELT Accreditation Scheme.

Teaching Term

A teaching term applies to General English, Academic English, Business English and IELTS Preparation and is a continuous five-week teaching period with defined start and end dates. In the context of these courses, a ten-week teaching module will comprise two five-week terms.

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.

Registered Health Practitioner

Means a Health Practitioner who practices in a Health Profession as defined under the Health Practitioner Regulation National Law Act 2009.

Senate

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

TESOL

Teaching English to Speakers of Other Languages.

Union

National Tertiary Education Industry Union.

University

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

Vice-Chancellor

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.

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8.   Indigenous Australian Employment

8.1   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.

8.2   The Indigenous Employment Steering Committee will continue to operate as a partnership between the School of Indigenous Studies and the University.

8.3   The University will take active measures over the life of the Agreement to achieve the target for employment of Indigenous Staff Members as provided at 2.3 of the 2014-2016 Mission-based Compact made between the University and the Commonwealth.

8.4   The objectives of the policy include:

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

8.4.2   Increasing the employment of Indigenous Australians, consistent with subclause 8.3, by fostering their employment and participation at all levels of work activity within the University.

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

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

8.5.2   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;

8.5.3   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

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

8.6   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 31 – 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.

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