Human Resources

Part C - Employment Conditions - Other Provisions

44.   Performance of Duties

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

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45.   Flexible Work Arrangements

45.1   This Clause constitutes the flexibility term referred to in section 202 of the Act.

45.2   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:

45.2.1   The taking of purchased leave in addition to that provided for in Clause 38 – Employee Funded Extra Leave.

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

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

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

45.3.1   Are about permitted matters under section 172 of the Act; and

45.3.2   Are not unlawful terms under section 194 of the Act; and

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

45.4   The employer must ensure that the individual flexibility arrangement:

45.4.1   Is in writing; and

45.4.2   Includes the name of the employer and employee; and

45.4.3   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

45.4.4   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

(d)   States the day on which the arrangement commences.

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

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

45.6.1   By giving no more than 28 days written notice to the other party to the arrangement; or

45.6.2   If the employer and employee agree in writing — at any time.

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46.   Intellectual Freedom

46.1   The University is 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.

46.2   Intellectual freedom includes:

46.2.1   The rights of all employees 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;

46.2.2   The rights of employees to pursue critical and open inquiry and to discuss freely, teach, assess, develop curricula, publish and research;

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

46.2.4   The right of all employees to participate in professional and representative bodies, including industrial associations and to engage in community service without fear of harassment, intimidation or unfair treatment;

46.2.5   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, employees will act in a professional and ethical manner and will not harass, vilify, intimidate or defame the institution or its employees.

46.3   In relation to governance, the University will encourage employees 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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47.   Workloads

47.1   The University acknowledges that workload for all employees needs to be reasonable and within the scope of agreed position descriptions. The University and employees recognise the importance of a balance between working life and family/social responsibilities and workload demands should fit within this principle. The University will use its best endeavours to ensure the workload of all employees is reasonable.

47.2   Whether work is divided into teams or allocated to individuals, each supervisor is responsible for ensuring workload is fair, equitable and manageable. Balancing workload elements is a matter of judgement between the supervisor and the employee or group of employees. The total workload for each employee should be clearly understood.

47.3   Primary indicators of unreasonable workload may include ongoing need to work excessive hours and inability to clear accrued leave.

47.4   Other factors that may be considered when assessing whether workload is unreasonable include:

47.4.1   Nature of the work;

47.4.2   Work patterns;

47.4.3   Environment in which the work is performed;

47.4.4   Volume of work;

47.4.5   Employee turnover;

47.4.6   Level of employee performance; and

47.4.7   Distribution of tasks within a team of work unit.

Unreasonable workloads

47.5   The General Staff Consultative Committee may be used as a forum to facilitate consultation between management and employees or employee representatives on matters concerning unreasonable workloads.

47.6   If a staff member is concerned with their workload, the staff member may request a workload review by discussing it with their supervisor.

47.7   If the issue is not satisfactorily resolved through this process, the staff member may use the Dispute Settlement Procedures to attempt to resolve the issue. The parties will take into account factors from 47.3 and 47.4 above when assessing a dispute.

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