Human Resources

Part E - Other Provisions

40.   Dispute Settlement Procedure

40.1   The parties agree that all employees and the University have an interest in the proper application of this agreement. Disputes arising under the operation or application of this Agreement or the National Employment Standards are to be dealt with in accordance with this clause. At any stage of the dispute, an employee may seek the advice and/or be accompanied or represented by the Union or an employee representative.

40.2   Where a dispute arises an employee, the Union or an employee representative shall notify the University of the existence of a dispute and shall discuss the dispute with the appropriate representative of management and attempt to reach agreement within five (5) working days.

40.3   If the dispute is not able to be resolved at 40.2 above, the employee(s), the Union or the employee representative may refer the dispute to the Director or nominee and attempt to reach agreement within a further five (5) working days.

40.4   Where the dispute is not resolved by the Director or nominee to the satisfaction of the employee, and all agreed steps for resolving the dispute have been taken, the dispute may be referred to FWA for resolution. Resolution may be sought by mediation and/or conciliation and, where the matter remains unresolved, arbitration.

40.5   Where arbitration is necessary, FWA may exercise procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.

40.6   The period for resolving a dispute may be extended by agreement between the University and the employee, the Union or the employee's representative.

40.7   While these dispute settling procedures are taking place, working arrangements as they existed prior to the dispute will continue, unless an employee has reasonable concern about an imminent risk to their health or safety.

40.8   The parties agree to implement the outcomes of arbitrated decisions of FWA arising from disputes raised under this clause.

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41.   Grievance Procedures

41.1   The procedure for resolving grievances is as follows:

41.2   An employee with a grievance shall first discuss it with their immediate supervisor.

41.3   If the employee is not satisfied with the outcome of action taken under 41.2 above then the employee may refer the grievance to the Director.

41.4   The Director shall consider the matter as soon as practicable and inform the employee within two working days either of the decision in the matter or of the action proposed.

41.5   If the employee is not satisfied with the outcome of action taken under 41.4 above then the employee may notify the Vice-Chancellor or nominee, or the relevant union. Where the employee elects to notify the relevant union, the conduct of negotiations in relation to the grievance will thereafter be left in the hands of the union.

41.6   The Vice-Chancellor or nominee, on being notified of the existence of a grievance, shall act promptly to have the matter resolved.

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42.   Consultation on Organisational Change

42.1   Principle

The parties to the agreement recognise that sound management of organisational change is important for the operational performance and the working environment of the University.

In line with the spirit of collegiality, consultation shall be held with staff prior to any decision on organisational change. This should occur before any draft proposals for change.

When organisational change is proposed, all relevant staff directly affected by the change (including those on paid or unpaid leave) and their Union have a right to be engaged in the consultation process.

42.2   Definition of Organisational Change

Organisational change is defined as change that has an impact on the way work is performed with significant effects on University staff. Significant effects can be defined as:

  • termination of employment;
  • major changes in the composition, operation or size of the employer's workforce or in the skills required;
  • the elimination or diminution of job opportunities, promotion opportunities or job tenure;
  • the alteration of hours of work, including rosters or ordinary hours of work; and
  • the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where the agreement makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

42.3   Preliminary discussion with staff

The parties accept that there will often be informal discussions or consideration of issues, which may, or may not, lead to organisational change prior to the development of a specific change proposal. Such informal discussions or considerations are part of the consultation process.

When informal discussions lead to the development of a specific change proposal, such discussions should involve staff likely to be directly affected as soon as practicable. A staff member will be considered to be directly affected when the proposed change falls within the definition of organisational change.

42.4   Consultation

The intent of a consultation process is to provide staff and/or their Union with a genuine opportunity to influence the decision maker. Consultation does not remove the University's prerogative to manage, but allows for a better informed decision making process. The University shall engage in formal consultation with the staff potentially affected by the change at the earliest appropriate time after a proposal for change has been initiated.

When the University proposes to make any change that is likely to have significant effects on its staff, it will notify the affected staff and their respective Unions about the proposed changes and the timetabling of the formal consultation process.

The University will notify the Union when a formal consultation process commences and Union members are entitled to seek advice or assistance from the Union at any stage of the consultation process.

Formal consultation shall include but not be limited to:

42.4.1   circulation of specific written proposals for consideration;

42.4.2   provision of opportunity for written responses or alternatives from affected staff and/or their Union;

42.4.3   meetings of management, staff and the relevant Union party(ies) to discuss and examine the change proposal and alternatives; and

42.4.4   The ongoing provision of information to staff and relevant union parties over the duration of the change process.

The University shall give serious consideration to the issues raised by all participants in the consultation process.

42.5   Consultation on Organisational Change Implementation

Where a decision is being made to implement organisational change the University will:

42.5.1   issue to directly affected staff and the relevant party(ies) documentation setting out the change. The documentation will include, where appropriate, the extent and nature of the change proposal, reasons for making the change, the aim of the change, timeframe for change, and any relevant financial information;

42.5.2   consult staff members who may be affected, and the relevant party(ies) about the change proposal;

42.5.3   meet and confer with staff members and the relevant party(ies) concerned and endeavour to reach agreement about the implementation of that change, including means of avoiding or mitigating detrimental outcomes for affected staff.

42.6   Consultation on Change to Hours of Duty, Regular Rosters or Ordinary Hours of Work

For a change to the employees' regular roster or ordinary hours of work, the employer is required to:

(a)   provide information to the employees about the change; and

(b)   invite the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

(c)   consider any views given by the employees about the impact of the change.

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43.   Performance of Duties

The Vice-Chancellor or nominee may direct an employee to carry out such duties as are reasonable and within the limits of the employee’s skill, competence and training.

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44.   Accredited Representatives of the Union

Where an employee covered by this agreement requires assistance regarding their employment conditions, they may seek the assistance of an accredited representative of the Union. Accredited representatives of the Union shall, upon notification thereof to the Vice- Chancellor or nominee, be recognised as accredited representatives of the members of the Union and shall be allowed reasonable time during working hours to interview the Vice- Chancellor or the Vice-Chancellor’s representatives on matters affecting the employees whom they represent.

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Upon giving notice to the University, Union officials or duly accredited representatives of the Unions party to this Agreement shall have the right to enter the University’s premises during working hours, including meal breaks. Such entry shall be for the purpose of discussing with employees covered by this Agreement, matters relating to their employment conditions for the purpose of investigating complaints concerning the application of this Agreement. Provided that the union official or duly accredited representative shall in no way unduly interfere with the work of the employee/s.

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46.   Equal Employment Opportunity and Affirmative Action, and Occupational Health and Safety

Nothing in this Agreement shall undermine the operation of Equal Employment Opportunity, Affirmative Action and Occupational Health and Safety principles and policies adopted by the University and with legislative requirements.

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47.   Anti-discrimination

The University values fairness, equity and diversity. Respect and diversity are integral parts of the workplace. The University is committed to preventing and eliminating discrimination on the basis of race, colour, sex, sexual orientation and gender identity, age, disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

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48.   Family Friendly Provision

48.1   The University is committed to providing a work and study environment, which is responsive to the issues of combining work and family responsibilities and consistent with the University’s commitment to responding to International Labor Organisation (ILO) Convention 156 - Workers with Family Responsibilities whilst having regard to overall operational requirements.

48.2   The parties agree that family-friendly provisions shall apply to both heterosexual and same sex relationships.

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49.   Availability of agreement

Copies of this agreement shall be kept in easily accessible places within the University and be available for inspection upon request by any employee of the University.

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50.   Re-open negotiations

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

50.2   A replacement agreement will be negotiated within the following framework:

50.2.1   The parties undertake to continue the process of bargaining relating to the ELICOS teachers employed at the University. The parties shall make every reasonable effort in good faith to reach agreement during enterprise bargaining.

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

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

  • enterprise bargaining shall be directed towards initiatives that will achieve improvements in productivity, efficiency, effectiveness, quality, flexibility and equity;
  • productivity gains must be genuinely attributable to workplace reform;
  • there is to be no double counting of productivity gains already achieved or explicitly contemplated under existing agreements and other agreed arrangements;
  • common national classification structures shall be retained;
  • existing awards, conditions and agreements shall continue to be recognised and implemented;
  • arrangements to encourage equal opportunity and affirmative action shall be provided for;
  • 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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51.   Superannuation

51.1   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:

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

51.1.2   a 17% employer superannuation contribution for fixed term employees with continuous service of two years or more; or

51.1.3   the Superannuation Guarantee employer contribution for all other employees.

51.2   An employee may elect to forego the 3% employer superannuation contribution to the Award Plus Plan and receive a 3% non-superannuable salary loading in lieu.

51.3   Provided that the UniSuper Trust Deed so allows during the life of this Agreement, employees who are members of the Defined Benefit Plan (DBP) or Investment Choice Plan (ICP) 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 51.1.

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52   Professional Development

52.1   An Employee will be entitled to one week of paid Professional Development Leave when they:

52.1.1   Take four weeks annual recreation leave as a single annual absence.

52.1.2   Maintain a performance level assessed as satisfactory by the Director. Prior discussion and documentation of unresolved performance issues will be required to support the denial of this entitlement, and.

52.1.3   Agree to the proposed Professional Development outcomes, following discussion with the Director of Studies, which will contribute to the achievement of the Centre.

52.2   Employees will be entitled to 5 Flexible Activity Days per year.

52.2.1   The following are allowable activities, which employees may undertake on such days:

Full day activities

Reading and research

Evaluate currency of materials developed, filed and stored at home

Curriculum development

Create context-specific, tailored classroom materials

Revise programmes, rubric and assessment tasks

Half day activities

Reading and research

Read and research books and academic journals for discussion and prepare presentation

Comprehensive source and analysis of new publications, resources and online sites

Preview new authentic audio visual material for class use e.g. documentaries, DVD's, Youtube

Curriculum development

Review and update education excursion activities for use within modules

52.2.2   Employees may undertake activities not on this agreed list only with the approval of the Director or the Director of Studies.

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53.   Prevention of Workplace Bullying

53.1   Workplace bullying is defined as repeated, unreasonable or inappropriate behaviour directed towards an employee, or a group of employees, that creates a risk to health and safety.

53.2   A workplace situation may be identified as bullying if an employee or employees are harmed, intimidated, threatened, victimised, undermined, offended, degraded, or humiliated, whether alone or in front of other employees, students or visitors to the University.

53.3   The University acknowledges that all employees have the right to dignity at work in an environment free from bullying. The University is committed to the reduction and elimination of workplace bullying at the University and developing an inclusive workplace culture.

53.4   The University encourages all employees to report workplace bullying.

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54.   Intellectual Freedom

54.1   The parties to this Agreement are committed to act in a manner consistent with the protection and promotion of intellectual freedom within the University and in accordance with the University's Code of Ethics and Code of Conduct.

54.2   Intellectual freedom includes:

54.2.1   the rights of all staff to be consulted in decision-making processes and structures within their institution, including the right to express opinions about the operations of that institution and higher education policy more generally;

54.2.2   the rights of staff to pursue critical and open inquiry and to discuss freely, teach, assess, develop curricula, publish and research;

54.2.3   the right to participate in public debates and express opinions about issues and ideas related to their discipline area;

54.2.4   the right of all staff to participate in professional and representative bodies, including unions, and to engage in community service without fear of harassment, intimidation or unfair treatment;

54.2.5   the right to express unpopular or controversial views, although this does not mean the right to harass, vilify or intimidate.

In the exercise of Intellectual Freedom, staff will act in a professional and ethical manner and will not harass, vilify, intimidate or defame the institution or its staff.

54.3   In relation to governance, the University will encourage staff to participate actively in the operation of the institution and in the community. The University will ensure that all governing bodies operate in a transparent and accountable manner, encouraging freedom of expression and thought. This does not prevent a University committee from considering a matter 'in camera'.

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55.   Flexible Work Arrangements

55.1   This clause constitutes the flexibility term referred to in section 202 of the Fair Work Act 2009.

55.2   An employee and the University may agree to make an individual flexibility arrangement to vary the terms of this Agreement, which will be confined to the following:

55.2.1   The taking of purchased leave in addition to that provided for in clause 28.

55.3   The arrangement meets the genuine needs of the employer and employee; and

55.4   The arrangement is genuinely agreed to by the employer and employee.

55.5   The employer must ensure that the terms of the individual flexibility arrangement:

55.5.1   are about permitted matters under section 172 of the Fair Work Act 2009; and

55.5.2   are not unlawful terms under section 194 of the Fair Work Act 2009; and

55.5.3   result in the employee being better off overall than the employee would be if no arrangement was made.

55.6   The employer must ensure that the individual flexibility arrangement:

55.6.1   is in writing; and

55.6.2   includes the name of the employer and employee; and

55.6.3   is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and

55.6.4   includes details of:

(a)   the terms of the enterprise agreement that will be varied by the arrangement; and

(b)   how the arrangement will vary the effect of the terms; and

(c)   how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and

55.6.5   states the day on which the arrangement commences.

55.7   The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

55.8   The employer or employee may terminate the individual flexibility arrangement:

55.8.1   by giving no more than 28 days written notice to the other party to the arrangement; or

55.8.2   if the employer and employee agree in writing - at any time.

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56.   Signatories

Signed for and on behalf of
The University of Western Australia
 
…………………………………………………
  Vice-Chancellor
 
In the presence of …………………………………………………
 
Date : …………………………………………………
 
 
Authorised in accordance with Rule 21 of the registered rules of the National Tertiary Education Industry Union (NTEU)
 
…………………………………………………………… …………………………
Signature of NTEU General Secretary
Grahame McCulloch
National Tertiary Education Industry Union
Date
 
 
………………………… …………………………………………………
Address:
1st Floor, 120 Clarendon Street
SOUTHBANK VIC 3006
 
 
…………………………………………………………… …………………………
  Date
 
 
Witness name: …………………………………………
 
Witness Address: ……………………………………………………………………………………

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