Human Resources

Part A - Preliminaries

Part B – Appointments and Engagements

Part C – Employment Conditions

Part D – Performance Management and Development

Part E – Job Security and Managing Change

Part F – Dispute, Grievance and Review Procedures

Part G – Managing Unsatisfactory Performance and Misconduct

Part H – Employee Representation

Part I – Ceasing Employment

Part J – Other Matters

Part K – Equity and Diversity

3.   Application of the Agreement

3.1   This Agreement shall apply to:

3.1.1   The University of Western Australia (the University);

3.1.2   The National Tertiary Education Industry Union (NTEU); and

3.1.3   All persons whose employment is subject to this Agreement who may be classified as Academic, Academic Research and Academic Related staff.

3.2   This Agreement does not apply to:

3.2.1   Persons employed as Professional and General Staff;

3.2.2   Persons employed as Vice-Chancellor, Senior Deputy Vice-Chancellor, Deputy Vice-Chancellor or Pro Vice-Chancellor;

3.2.3   Persons employed in teaching non-award English Language courses;

3.2.4   Persons involved in the operation of child care facilities; or

3.2.5   Persons principally employed in:

(a)   The operation of theatrical and 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 Academic Staff Agreement 2010 (AG No 2010/18171).

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.   Academic Staff Consultative Committee (ACC)

4.1   Role of the Committee

The role of the Academic Staff Consultative Committee is to facilitate consultation between management and employees on workplace relations and human resource matters by:

4.1.1   Providing an open forum to raise workplace relations issues; and

4.1.2   Reviewing significant human resource policy initiatives and provide feedback on development and implementation of such initiatives.

The ACC will usually meet on a monthly basis.

4.2   Membership

The Committee comprises:

4.2.1   Senior Deputy Vice-Chancellor as Chair;

4.2.2   3 nominees of the Chair;

4.2.3   3 staff nominees of the NTEU; and

4.2.4   3 elected staff representatives.

Members appointed under part 4.2.3 shall have a 2 year term of office and may be reappointed for a subsequent term.

Members appointed under part 4.2.4 shall have a 2 year term of office and may be reappointed for a subsequent term after a nomination and election process as determined by the Chair.

The parties agree that where possible the Committee membership should be representative of gender diversity.

4.3   Elections

4.3.1   Elections for positions on the committee will occur in conjunction with the Academic Board elections. Where an elected member resigns during their term and a vacancy is created, endeavours will be made to fill the vacancy as soon as practicable. The process of the election will be the responsibility of the Chair.

4.4   Time Release

4.4.1   Subject to the operational requirements of the University, time release shall be provided to staff members of the ACC to perform those functions specified in this Agreement. In particular, staff representatives on the Academic Consultative Committee (ACC) will require time release to sit on committees and panels, for consultation, and in relevant negotiations.

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5.   Term

5.1   This Agreement shall take effect from the date of approval of this Agreement with Fair Work Australia under the provisions of the Fair Work Act 2009 and shall remain in force until 30 September 2016.

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6.   Agreement Closed and Comprehensive

6.1   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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7.   Aim of Agreement

7.1   The significant contribution made by employees in the advancement of the University’s strategic goals and priorities is recognised. It is the intention that this Agreement represents conditions of employment that seek to establish a basis and environment that is both supportive of employees and the achievement of the goals reflected in the University’s Strategic Plan 2014-2020. The University identifies a key capability of the Strategic Plan is to attract, develop and retain the highest quality academic and professional staff and to support development of their full potential.

7.2   It is the objective of the parties to this Agreement to implement and to support the University’s primary vision by advancing, transmitting and sustaining knowledge and understanding through the conduct of teaching, research and scholarship at the highest international standards for the benefit of international and national communities and the State of Western Australia.

7.3   In addition to the objectives identified in the University’s Strategic Plan, the objectives of this Agreement include the facilitation of:

7.3.1   Fair treatment of employees;

7.3.2   A flexible approach to change that reflects the demands in operational environments; and

7.3.3   A workplace culture that values work life balance.

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8.   Definitions

8.1   Act   Means the Fair Work Act 2009 as amended.

8.2   Employee Representative   Means a union representative or a person nominated by an employee to provide support and/or to make representations to the University on their behalf, and who is not a currently practising solicitor or barrister.

8.3   Fixed-term   Means an appointment made for a specified period in accordance with Schedule B – Fixed-term Employment.

8.4   Fractional   Means an appointment, other than as a casual, in which the appointee is required to work on academic duties for less than a full academic load for a full-time staff member of similar designation.

8.5   FTE   Means full-time equivalent.

8.6   FWC   Means Fair Work Commission.

8.7   Head   Dean, Head of School or Section or as otherwise defined under the University’s delegations but does not include Head of Discipline.

8.8   Ongoing Contingent Funded Research Contract of Employment   Means an appointment made in accordance with Schedule H.

8.9   President   Means President of the NTEU the University of Western Australia branch.

8.10   Registered Health Practitioner   Means a Health Practitioner who practices in a Health profession as defined under the Health Practitioner Regulation National Law (WA) Act 2010.

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

8.12   Senior Management Representative   Means the Senior Deputy Vice-Chancellor, Deputy Vice-Chancellors or Pro Vice-Chancellors; or

Deans or other members of the Senior Management Group as determined by the Vice-Chancellor after consultation with the President of the NTEU.

8.13   Special Grant   Means a sum of money made available to or by the University for the conduct of a specific project or programme and which is to be undertaken over a specified period of time.

8.14   Union   Means the National Tertiary Education Industry Union (NTEU).

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

8.16   Vice-Chancellor   Means 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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9.   Availability of Agreement

9.1   This Agreement shall be placed electronically on the World Wide Web available to University staff. A hard copy shall be available for inspection upon request by any employee of the University through Human Resources.

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10.   Indigenous Australian Employment

10.1   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.

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

10.3   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.

10.4   The objectives of the policy include:

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

10.4.2   Increasing the employment of Indigenous Australians, consistent with sub-clause 10.2, by fostering their employment and participation at all levels of work activity within the University.

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

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

10.5.2   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;

10.5.3   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

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

10.6   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 30 – 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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