Human Resources

Part A - Preliminaries

3.   Application of the Agreement

3.1   This Agreement is binding according to its terms upon:

3.1.1   The University of Western Australia (the University);

3.1.2   The Community and Public Sector Union (CPSU);

3.1.3   United Voice;

3.1.4   The Australian Manufacturing Workers Union (AMWU);

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

3.1.6   All University employees to whom this Agreement applies who may be classified as Professional and General Staff.

3.2   This Agreement does not apply to:

3.2.1   Persons employed as Academic Staff;

3.2.2   Executive Directors and the University Librarian;

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 Act and supersedes and replaces The University of Western Australia Professional and General Staff Agreement 2010 (AG No 2010/18162).

3.4   Policy, procedures or guidelines referred to in this Agreement are not incorporated as a term of the Agreement.

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4.   Professional and General Staff Consultative Committee (PGCC)

4.1   Role of the Committee

The role of the PGCC 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 PGCC will usually meet on a quarterly basis.

4.2   Membership

The committee comprises:

4.2.1   Director, Human Resources as Chair;

4.2.2   3 nominees of the Chair;

4.2.3   3 employee nominees from the Unions: 1 from the CPSU or nominee of the CPSU, 1 from the NTEU and 1 from United Voice; and

4.2.4   3 elected employee 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 annually. 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 employees of the PGCC to perform those functions specified in this Agreement. In particular, employee representatives on the PGCC 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 the Agreement with Fair Work Australia under the provisions of the Act as amended and shall remain in force until September 30, 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 the 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   Academic Year   Means the timetable as set out for the relevant School or Section.

8.2   Act   Means the Fair Work Act 2009.

8.3   Afternoon Shift   Means a shift commencing at or after 12 noon and before 6.00 pm.

8.4   Casual   Means an engagement specified as such at the time and is employed by the hour and paid on an hourly basis in accordance with the appropriate classification.

The amount of casual loading is outlined at Schedule F – Categories of Employment.

8.5   Day Shift   Means a shift commencing at or after 6.00 am and before 12 noon.

8.6   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 currently a practising solicitor or barrister.

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

8.8   FWC   Means Fair Work Commission.

8.9   Fixed-term   Means a fixed-term appointment as defined in Schedule F – Categories of Employment.

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

8.11   FTE   Full-Time Equivalent.

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

8.13   Level   Means a classification level from the 10 level structure set out in accordance with Schedule A – Classification and Salary Schedule.

8.14   Night Shift   Means a shift commencing at or after 6.00 pm and before 6.00am.

8.15   Ongoing Contingent Funded Research Contract   Means an appointment made in accordance with Schedule F – Categories of Employment.

8.16   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.

8.17   President   Means President of the NTEU UWA branch.

8.18   Pre Translation   Means a member of the professional and general staff employee covered by this Agreement who was an employee of the University as at 19 April 1994 and who has been continually employed on an ongoing or fixed-term capacity since that date.

8.19   Research Grant   Means a sum of money made available to the University for the conduct of a specific research project or programme which is to be undertaken over a specified period of time.

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

8.21   Salary Horizon   Means the maximum salary that a pre translation employee could have attained for the classification of the position occupied as at 19 April 1994.

8.22   Salary Protection Point (SPP)   Means those identified points on the Salary Schedule (shown at Schedule A – Classification and Salary Schedule) that can be accessed by pre translation employees in order to protect their previous salary horizon.

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

8.24   Union   Means:

  • The Community and Public Sector Union (CPSU); and/or
  • United Voice; and/or
  • The Australian Manufacturing Workers Union (AMWU); and/or
  • The National Tertiary Education Industry Union (NTEU).

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

8.26   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/her nominee.

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9.   Availability of Agreement

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 subclause 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 41 – 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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