Macquarie University Enterprise Bargaining

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Macquarie University General Staff EA 2010
CPSU Tabled Clauses

Career Development Show...

x.1	The University will encourage the participation of general staff in relevant training and development activities during normal working hours. Where appropriate, the University will support further study, training and professional development outside normal working hours.
x.2	All continuing and fixed term Staff Members, who participate in the annual PDR process will discuss individual development needs with their supervisor and identify appropriate training opportunities for the coming year.
x.3	Supervisors will identify the training and development needs of casual and fixed term staff who do not participate in the annual PDR cycle. Supervisors will ensure staff have the necessary training and development opportunities to be able to perform their roles.
x.4	To further these objectives, the University will provide funding for general staff training and development activities. This funding will be administered by each budgetary unit and will be used for the following purposes:
	a)	Essential training and development including the full cost of approved training and development opportunities that are essential to the performance of the Staff Member’s current role.
	b)	Career developmental opportunities including the payment of at least 66% of the cost of an approved course of study that will enhance the Staff Member’s ability to develop beyond their current role.
	As far as possible, each budgetary unit will ensure that access to available funding for training and development opportunities is administered equitably.
x.5	Paid study leave is available to Staff Member’s undertaking an approved course of study on the following basis:
	a)	Paid leave of ½ of 1 hour for every hour of compulsory attendance to a maximum of 4 hours per week for Staff Member’s undertaking an approved course of study;
	b)	15 days paid leave per annum for attendance at residential schools when undertaking an approved distance education course;
	c)	An additional 10 days paid leave where an approved course involves a thesis or major project as well as course work;
	d)	10 days paid leave for qualifying studies entirely by thesis; and
	e)	For approved masters degree studies by research and thesis the total grant of paid leave shall be:
		i.	25 days for courses of 2 years minimum duration;
		ii.	35 days for courses of 3 years minimum duration;
	f)	for approved doctoral studies the total grant of paid study leave will be 45 days.
x.6	Where the University provides training and development activities during normal working hours, supervisors are responsible for ensuring that employees for whom the activities are appropriate have a reasonable opportunity to participate.
x.7	In addition to the options outlined in c.2, training and staff development measures may also include, but are not limited to:
	a)	on-the-job training;
	b)	provision of opportunities to undertake higher duties;
	c)	job rotation;
	d)	staff interchanges or secondments;
	e)	study visits interstate and overseas; and
	f)	inter-university visits.
x.8	Where the University provides the opportunity to participate in training and development activities, the University will reimburse a participating employee for any course or conference attendance fees and any necessary travel and accommodation expenses and allowance.
	Comment (Members only please)

Consultative Committee Show...

Dispute Settling Procedures Show...

x.1	It is agreed that the University, Unions and all Staff Members have an interest in the proper application of this Agreement, and in minimising and settling any disputes in a timely manner.
x.2	In the event of a dispute relating to this Agreement, the National Employment Standards or matters relating to a written policy of the University regarding employment, the Staff Member or relevant Union will raise the dispute with the University and attempt to resolve the matter in accordance with this clause. However, no University policy or part of a University policy shall constitute a term of this Agreement.
x.3	Where a dispute involves a Staff Member, the Staff Member will discuss the matter with the Staff Member's relevant Supervisor or where appropriate, a Staff Member who is more senior than the Staff Member's Supervisor and attempt to resolve the dispute within the workplace. A Staff Member may choose, at any stage, to be represented by their Union, or an organisation, association or person of their choice in relation to the dispute.
x.4	Where a dispute is not resolved under subclause x.3, at the written request of a party to the dispute, a Disputes Committee shall be convened within 5 working days of receipt of the request, unless agreed otherwise. The Disputes Committee shall consist of equal numbers of nominees of the parties to the dispute (i.e. 2 University and 2 Union nominees; or the Staff Member and their representative and 2 University nominees; or the Staff Member’s representative and 1 University nominee; etc).
x.5	The Disputes Committee shall meet and attempt to resolve the dispute within 5 working days of the Disputes Committee being convened. Any resolution shall be in the form of a written agreement subject, if necessary, to ratification by a party to the dispute.
x.6	If a dispute under this provision is unable to be resolved at the workplace, the parties to the dispute may agree to refer the dispute for mediation by an agreed private mediator.
x.7	Where the matter in dispute remains unresolved, and the steps in subclauses x.2 – x.6, where appropriate, have been taken, a party to the dispute may refer the dispute to the Fair Work Australia (FWA) for conciliation. If the matter cannot be resolved through conciliation, either party to the dispute may elect to have FWA arbitrate the matter.
x.8	If an application for arbitration is made, FWA may exercise any of it’s powers under the Fair Work Act. The decision of FWA will be implemented by the parties, subject to either party exercising a right of appeal against the decision of FWA to the Full Bench of FWA.
x.9	Until the steps in subclauses x.2 - x.8 have been concluded:
	a)	work shall continue in the normal manner;
	b)	no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; and
	c)	the University shall not change work, staffing or the organisation of work if such is the subject of the dispute, nor take any other action likely to exacerbate the dispute.
x.10	Decisions in accordance with this Agreement to terminate employment shall not be subject to further review or dispute.
	Comment (Members only please)

Environmental Sustainability Show...

x.1	The University is committed to demonstrating leadership in environmental sustainability by establishing systems and processes that will reduce its environmental footprint. To achieve this, the University and the Unions agree to work effectively together to develop a culture of environmental sustainability and to build community understanding of ecological issues.
x.2	To further the objectives referred to in subclause x.1 the University and the Unions agree to work through the [INSERT APPROPRIATE UNIVERSITY COMMITTEE]. The Committee will include one Staff Member nominated by the CPSU and one Staff Member nominated by the NTEU.
x.3	When planning buildings and refurbishment projects, the University will pay due regard to recognised energy efficiency standards and environmental best practice.
x.4	Staff Member’s who use public transport for regular commuting between their home and the University will be entitled to a Public Transport Allowance. The Allowance of $500 [OR AN AMMOUNT EQUIVILENT TO THE COST OF AN ANNUAL STAFF PARKING PERMIT] per annum will contribute towards the cost of applicable bus, train and ferry travel, as well as the purchase and maintenance of bicycles that are used by staff as the regular form of transportation between home and work. Staff Member’s who receive the Public Transport Allowance will not be eligible to apply for an annual staff parking permit.
x.5	The University commits to investigate the use of shuttle buses to support staff travelling to work. The University also commits to measures that encourage carpooling from home to work, and ensuring University vehicles are shared by staff that are scheduled to leave and return from the same university activity or event.
x.6	The University will provide staff with training on energy efficiency, waste minimisation, water use and efficient transportation.
x.7	Staff Members will not be disadvantaged by raising matters relating to waste, pollution or environmental mismanagement.
	Comment (Members only please)

Leaving Employment at Macquarie Show...

x.1	Pre-retirement Contracts
x.1.1	The University and a Staff Member may agree to enter into a pre-retirement contract that will expire on a mutually agreed date. Such contracts will be made in accordance with University requirements in place from time to time.
x.1.2	If a Staff Member enters into a pre-retirement contract, it will be on the basis of a fixed-term contract with no expectation of further employment at the cessation of the contract.
x.1.3	Clause 3.7.9(b) will not apply to the termination of contracts made under this clause.
x.1.4	A Staff Member, who accepts the offer of a pre-retirement contract, will not be eligible for a severance or redundancy payment prior to entering a contract made under this clause or on cessation of the pre-retirement contract unless such payments are specified in the pre-retirement contract.
x.1.5	It is the Staff Member’s responsibility to seek independent financial advice.
x.2	Redundancy, Redeployment and Retrenchment
	Voluntary Separation
x.2.1	Where, as a consequence of the managing change process (clause 4.14), it has been decided to make one or more positions redundant in a specified area the University will invite Staff Members in that area to apply for voluntary separation.
x.2.2	Individual Staff Members will have 6 weeks from the date of the invitation to submit an application for voluntary separation to the University.
x.2.3	All applications for voluntary separation will be treated confidentially and no Staff Member will suffer any disadvantage by making an application.
x.2.4	Where a Staff Members’ position has been identified as redundant, but the Staff Member does not wish to leave employment, the University will assist the Staff Member to identify a suitable substitution (‘job swap’) with another Staff Member who has applied for voluntary separation or wishes to leave employment with the University on equivalent terms. Suitability will be based on the criteria set out in x.2.13.
x.2.5	The University must accept an application for voluntary separation in circumstances where the Staff Member’s position has been identified as redundant and they have made an application for voluntary separation in accordance with this clause. In all other circumstances the University may reject an application for voluntary separation.
x.2.6	Where the University accepts an application for voluntary separation, the University will consult with the Staff Member and agree on the final date of employment.
	Voluntary Separation Benefit
x.2.7	The amount paid for voluntary separation will consist of:
	a)	a lump sum payment of 20 weeks salary;
	b)	an additional lump sum calculated on length of Continuous Service with the University (see table in clause x.2.20) (with the total amount payable under (a) and (b) not exceeding 72 weeks pay); and
	c)	all entitlements for accrued annual and long service leave.
x.2.8	All payments for voluntary separation will be calculated at the Staff Member’s ordinary rate of pay (excluding loadings) at the date of cessation.
	Redundancy, Redeployment and Retrenchment
x.2.9	Where, following the process referred to in x.2.1 – x.2.5, it has been determined to make specific positions redundant as a consequence of the Managing Change process (clause 4.14) the University will inform affected Staff that if redeployment is not possible they will be retrenched.
x.2.10	The University will provide 6 months notice of its intention to retrench the Staff Member. The Staff Member may seek a review of the University's decision in accordance with clauses x.2.23 to x.2.28 (Redundancy Review).
x.2.11	The University will pay for up to two counselling sessions from an independent financial advisor nominated by the University for a Staff Member whose position has been made redundant.
x.2.12	The University will take all reasonable steps during the notice period to identify positions to which the Staff Member may be redeployed. To this end, the University:
	a)	Will maintain a register of all vacant positions; and
	b)	Give priority consideration to the placement of a Staff Member eligible for redeployment.
x.2.13	Where the University identifies a position that may be suitable, it will:
	a)	review the skills needed to perform the essential requirements of the position;
	b)	assess if the Staff Member has the necessary skills or is able to be retrained to perform in the position; and
	c)	where it is assessed that the Staff Member is able to be retrained, provide such training as is necessary.
x.2.14	Where, in accordance with the criteria listed above (x.2.13 (a)-(c)), a position is identified as suitable, the University will offer to redeploy the Staff Member accordingly.
x.2.15	The Staff Member will not refuse a reasonable offer of redeployment or training.
x.2.16	Where a Staff Member is redeployed to a lower classified position, the Staff Member will receive maintenance of salary payments from the date of transfer for a period of 12 months. The salary maintenance will not include payment of Allowances that were particular to the previous position and not relevant to the new position.
x.2.17	If at the end of the 6 months notice period the University has been unable to redeploy the Staff Member then, as a last resort, the Staff Member’s employment will be terminated and the retrenchment benefit paid.
x.2.18	If requested by a retrenched Staff Member, the University will provide a letter certifying that he/she is the occupant of a position deemed to be surplus to the requirements of the University.
x.2.19	A Staff Member will be allowed up to one day’s time off without loss of pay for each week of notice to attend necessary employment interviews. The Staff Member, at the request of the University, will be required to provide proof of attendance at an interview or payment will not be made for the time absent.
	Retrenchment Benefit
x.2.20	A Staff Member who is retrenched will be entitled to the following payments:
	a)	Payment in respect of Continuous Service with the University as follows provided that the total payment does not exceed the equivalent of 52 weeks pay.
	Payment is based on the length of continuous service. Where- Up to 1 year, it is 4 weeks severance pay 1 year and less than 2 years, 8 weeks severance pay 2 years and less than 3 years, 12 weeks severance pay 3 years and less than 4 years, 15 weeks severance pay 4 years and less than 5 years, 18 weeks severance pay after 5 years, 18 weeks plus 2 weeks’ pay for each additional year of Continuous Service or proportionate for part thereof.
	b)	Entitlement in the form of accrued annual and long service leave. For a Staff Member with more than 5 years Continuous Service but less than 10 years, a proportionate entitlement will be paid in respect of long service leave.
	Payment will be at the Staff Member’s ordinary rate of pay (excluding loadings).
x.2.21	If, during the period of notice, a Staff Member, whose position has been made redundant under clause x.26.2, resigns their employment or agrees that redeployment is not an option, they will still be entitled to payments under clause x.26.2 plus a payment for the balance of the notice period or 4 weeks pay whichever is the lesser.
	Re-employment after Redundancy or Retrenchment
x.2.22	A Staff Member who has received a Voluntary Redundancy or a Retrenchment package will not be re employed in any capacity, by the University, within two years of the last day of duty of the Staff Member. Re-employment in the work unit from which the Staff Member was made redundant or retrenched is precluded for a period of three years.
	Redundancy Review
x.2.23	A Staff Member who elects to seek a review of the decision to declare his/her position redundant must apply to the Director, Human Resources within 7 working days of receipt of the redundancy notice.
x.2.24	On receipt of a request for a Review the Director, Human Resources will establish a Redundancy Review Committee (RRC). The RRC will comprise:
	a)	a Chair appointed by the Vice-Chancellor from a pool agreed between the Vice-Chancellor and the Chair of the SCG ( or JCC). The Chair will be external to the Staff Member’s Division/Office or may be external to the University;
	b)	one Staff Member appointed by the Vice-Chancellor; and
	c)	one Staff Member selected by the affected Staff Member’s union.
x.2.25	The RRC will be convened within 10 working days of the request for review being received by the Director, Human Resources. The RRC’s role will be to review documentation relevant to the decision to declare a position redundant and report whether:
	a)	fair and objective criteria were used to identify the redundant position; and
	b)	in the case of more than one redundancy, the University acted fairly and properly in the selection of Staff against the criteria.
x.2.26	The RRC:
	a)	will allow the Staff Member and/or, if they so choose, their Staff representative to address the reasons for requesting a review, to respond to any documentation before the RRC and to answer any questions from the RRC;
	b)	may seek further material and meet with other Staff or representatives of the University it considers necessary.
x.2.27	The RRC will provide a report of its findings to the Director, Human Resources who will forward the report and associated materials to the appropriate Deputy Vice-Chancellor or equivalent for consideration and decision.
x.2.28	The Deputy Vice-Chancellor or equivalent may:
	a)	request the Head reconsider the criteria used to identify redundant positions;
	b)	review the Staff chosen for retrenchment; and/or
	c)	confirm that the redundancy and retrenchment will proceed as advised.
x.3	Termination of Employment
x.3.1	All decisions to terminate the employment of a Staff Member will be made in accordance with the relevant clauses in this Agreement.
	Provision of Notice
x.3.2	The University will not terminate the employment of a Staff Member without providing appropriate notice or pay in lieu as per the relevant clauses of this Agreement or letter of appointment, except in the case of serious misconduct (see clause 4.21).
x.3.3	The period of notice (or pay in lieu of such notice) will be as set out below: A fixed-term Staff Member whose contract of employment is not renewed at the expiry of the contract will be entitled to a severance payment as set out below provided: the amount of severance pay is based on the length of continuous service. Where- Up to 1 year, it is zero weeks severance pay 1 year and up to the completion of 2 years, 4 weeks severance pay 2 years and up to the completion of 3 years, 6 weeks severance pay 3 years and up to the completion of 4 years, 7 weeks severance pay 4 years and over, 8 weeks severance pay.
x.3.4	Where the Staff Member has completed at least 2 years Continuous Service with the University and is over 45 years of age, they will receive an additional week of notice.
x.3.5	Upon termination of employment for any reason whatsoever, the University will be entitled to deduct from any monies due to the Staff Member other than monies due in lieu of accrued annual leave, any monies owing by the Staff Member to the University.
x.4	Abandonment of Employment
x.4.1	Where a Staff Member is absent from duty for a continuous period of 5 working days without advising their Supervisor or having approval from the University, or without apparent good cause, the Director, Human Resources or nominee will make reasonable attempts to contact the Staff Member requesting reasons for the unauthorised absence from duty. Correspondence sent to the Staff Member will detail the effect that not responding to the University’s request may have on their employment.
x.4.2	If the Staff Member or, if they so choose, their representative fails to respond to the University’s correspondence within 10 working days or the response fails to establish a reasonable cause for the absence then the University may terminate the Staff Member’s employment. Date of termination will be the last day the Staff Member was present at work. The Staff Member will be paid leave owed at the date of termination.
x.4.3	A Staff Member will not be deemed to have abandoned employment where the University has withheld approval for leave. An unauthorised absence in this situation will be regarded as possible misconduct and handled in accordance with clause 4.21 (Misconduct and Serious Misconduct).
x.5	Termination on the Grounds of Illness
x.5.1	If the University believes there is doubt regarding a Staff Member’s capacity to perform the duties of their position due to serious illness, the University may require the Staff Member to undergo a medical examination by a medical practitioner agreed to by the University and the Staff Member. The cost of the medical examination will be borne by the University. The University will provide written notice of not less than one month that the medical examination is required. A statement setting out the inherent duties performed by the Staff Member will be provided to the practitioner to assist in the assessment.
x.5.2	Copies of the medical report will be provided to the Staff Member and University.
x.5.3	If the medical report finds that the Staff Member will be able to resume and perform the inherent requirements of their substantive position within a 12 month period, the University will proceed with a return to work plan (or amended plan depending on the circumstance). Not withstanding the above, a Staff Member who has not returned to work within 24 months of commencing leave, may be terminated by the University in accordance with subclause x.5.6(a) or x.5.6(b).
x.5.4	If the medical report finds that the Staff Member will be unable to perform the inherent requirements of his or her substantive position within a 12 month period, the University will proceed to terminate the Staff Member’s employment.
x.5.5	The University will support an application to the Staff Member’s superannuation fund for ill health retirement or temporary disability benefit under the rules of the superannuation fund. If the Staff Member proceeds with this action, the requirement for a medical examination will lapse. If the medical report has been obtained prior to the Staff Member making this decision, it may be used as evidence in this process.
x.5.6	If the Staff Member is a member of a superannuation fund which does not provide for ill health retirement or temporary disability benefit, or the fund declines to provide such benefits, the University will offer in writing:
	a)	to allow the Staff Member the opportunity to submit a resignation and, if the resignation is offered, will accept it immediately; or
	b)	where no resignation is forthcoming within 28 days of the written advice, to terminate the employment of the Staff Member with payment in lieu of notice of 6 months salary (for a continuing appointment, an existing convertible appointment or a fixed-term of more than one year) or 2 months salary or to the end of the fixed-term, whichever is smaller (for a fixed-term of less than 1 year).
x.5.7	If, within 14 days of the medical report being made available, the Staff Member (or, if they so choose, their representative) so requests, the University will take no further action until the findings of the report are confirmed by a review panel. The review panel will consist of 3 medical practitioners, one appointed by the University, one by the President of the state branch of the Australian Medical Association and one by the Staff Member. The practitioners will not have been involved in preparing the original report or the Staff Member’s course of treatment.
x.5.8	The University may consider a Staff Member’s refusal to undergo a medical examination in accordance with these procedures as prima facie evidence that such a medical examination would have found that the Staff Member was unable to resume duty and may act accordingly. No penalties in terms of misconduct will be enacted under this clause, and all outstanding entitlements will be paid to the exiting Staff Member.
x.5.9	These provisions do not displace or override any existing or future applicable workers’ compensation schemes, legislation or relevant industrial instruments.
x.6	Resignation
	A continuing or fixed-term staff member may resign from their employment with the University by the giving (in writing) of reasonable notice.
	Comment (Members only please)

Parking Fees Show...

Performance Development and Review Show...

Position Classification Show...

x.1	The University will classify General Staff positions up to and including Level 9 in accordance with Schedule 5 of this Agreement.
x.2	General Staff positions within the level 10 bands will be classified using a recognised external job evaluation method.
x.3	The University may refer a position description for review of its classification level in accordance with the descriptors, as found at Schedule 5 of this Agreement. Position descriptions will be developed by the Supervisor in consultation with the incumbent (where there is an incumbent). Staff in the work area, whose work directly interacts with the position being reviewed, will be notified of proposed changes.
x.4	A Staff Member is entitled to apply to have their position reviewed in order to establish the appropriate classification level of that position.
x.5	A position description is used as the basis for determining the appropriate classification level of a position against the classification standards. A position description will include information on the following:
	a)	the purpose of the position and its overall context within the workplace;
	b)	the degree of task complexity;
	c)	the scope for decision-making;
	d)	the level of knowledge, experience and skill required;
	e)	the challenges and problem solving within the position; and
	f)	the relationship of the position to other positions within the work unit.
x.6	The review of the position will be undertaken by a Classifications Committee, comprising of:
	a)	two (2) employees nominated by the Director Human Resources with experience in the area of the position being considered for re/classification, but not the supervisor of the position;
	b)	one (1) general staff employee nominated by the CPSU;
	c)	one (1) general staff employee nominated by the NTEU; and
	d)	an experienced independent person jointly selected by the University and the Unions who shall be the chair of the committee.
	Members of the Classification Committee will be drawn from a pool of staff from a range of staff across different areas of the University who are trained in the use of the descriptors.
x.7	The position classification review will be:
	a)	of the position not the incumbent;
	b)	applied consistently for all positions covered by salary Levels 1 to 9;
	c)	based on an assessment of the position description documentation against the classification standards as set out in Schedule 5; and
	d)	transparent, with the outcomes documented.
x.8	The Re-classification process may result in any of the following being recommended in writing:
	a)	no change; or
	b)	reclassification to a higher level.
x.9	The effective date of a new classification level and remuneration for a position that has been upgraded as a result of a classification review will be the date on which the application for review was lodged with the Human Resources Office.
x.10	A Staff Member may appeal the position classification review outcome by submitting a statement (including the grounds and reasons for the appeal of the position classification review outcome) to the Director, Human Resources. The review will be examined by a committee comprising:
	a)	a representative of the University,
	b)	a representative of the relevant Union, and
	c)	an experienced independent person jointly selected by the University and the Union who shall be the Chair of the Committee.
	The Committee will consider the written application for review of a classification result and determine the appropriate classification level. The reasons for the Committee's decision, particularly where a case has been unsuccessful, should be set out in a way that can be passed on directly to the employee.
	Comment (Members only please)

Purchased Leave Show...

x.1

A staff member, other than a staff member employed on a casual basis, may purchase either 5 days (35 hours) or 10 days (70 hours) additional leave in a 12 month period by completing a Purchased Leave Application Form [Schedule x].

x.2

The purchased leave must taken within a specified 12 month period, set out in the Purchased Leave Application Form, and will not attract any leave loading.

x.3

The purchased leave will count as continuous service for all purposes.

x.4

The purchased leave will be funded through a reduction in the staff member’s ordinary rate of pay.

x.5

Purchased leave is subject to the following provisions:

The purchased leave cannot be accrued and will be refunded where it has not been taken in the specified 12 month period.

All other paid leave taken during the specified 12 month purchased leave period (i.e. personal leave, annual leave, long service leave, etc) will be paid at the purchased leave rate of pay.

Personal leave cannot be taken during a period of purchased leave.

The purchased leave rate of pay will be the salary for all purposes including superannuation and shift loadings.

Higher Duties Allowance will not be paid when a period of purchased leave is taken.

At the conclusion of the specified 12 month period the Staff Member will automatically revert to their ordinary rate of pay.

Insert in Definitions:

Purchased leave rate of pay means the rate of pay a staff member receives when their ordinary salary rate has been reduced to cover the cost of purchased leave. To calculate the purchased leave rate of pay, the staff member’s ordinary salary rate will be reduced by the number of days of purchased leave and then annualised at a pro rata rate over the 12 month period.

SCHEDULE X

PURCHASED LEAVE APPLICATION FORM

I [NAME, POSITION & EMPLOYEE NUMBER] wish to purchase 5 days/10 days leave in accordance with Clause x of the Macquarie University Professional (General) Staff Agreement.

I understand that:

The purchased leave must be taken within 12 months of the commencement date of my application and cannot be accrued;

ii.

Purchased leave rate of pay means the rate of pay I will receive when my ordinary salary rate has been reduced to cover the cost of purchased leave. To calculate the purchased leave rate of pay, my ordinary salary rate will be reduced by the number of days of purchased leave and then annualised at a pro rata rate over the 12 month period;

iii.

All other paid leave taken during the 12 month purchased leave period (i.e. personal leave, annual leave, long service leave, etc) will be paid at the purchased leave rate of pay;

iv.

Personal leave cannot be taken during a period of purchased leave;

The purchased leave rate of pay will be the salary for all purposes including superannuation and shift loadings;

vi.

Higher Duties Allowance will not be paid when a period of purchased leave is taken;

vii.

My application must be submitted 12 weeks prior to the commencement date of the 12 month purchased leave period;

viii.

At the conclusion of the 12 month purchase leave period I will automatically revert to my ordinary rate of pay.

Commencement Date:	Conclusion Date:
Signature:	Date:

Comment (Members only please)

Travel Allowances Show...

Types of Employment Show...

x.1

A Staff Member will normally be employed in the types of employment prescribed in this clause. There shall be no limit on the number or proportion of Staff Members that the University may employ in a particular type of employment.

Continuing Employment

x.2

“Continuing” employment means employment on a full or part time basis with no specified end date. Continuing employment is subject to termination by the resignation, retirement or death of a Staff Member; by abandonment of employment; by the position being declared redundant; or by the Staff Member’s employment being otherwise terminated by the University in accordance with relevant provisions of this Agreement.

Full-time Employment

x.3

For General Staff, full time employment means 70 ordinary hours per fortnight; for Academic Staff, full time employment means a nominal 70 ordinary hours per fortnight.

x.4

Full time employment may be offered to a Staff Member on a continuing or fixed term appointment.

Part-time Employment

x.5

Part time employment means employment for less than the normal weekly ordinary hours specified for a full time Staff Member in the same classification and for which all Agreement entitlements are paid on a pro rata basis calculated by reference to the fraction worked. Part time employment may be offered to a Staff Member as a continuing or fixed term appointment.

x.6

Where employment is to be part time, the offer of employment made by the University will specify the fraction of ordinary hours of work for which employment is offered.

Job Sharing

x.7

Job sharing is a voluntary arrangement where two Staff Members, working part-time, share all the duties and responsibilities of a continuing or fixed-term full-time position.

Fixed Term Employment

x.8

“Fixed Term” employment means:

employment for a specified term or ascertainable period, for which the instrument of appointment will specify the starting and finishing dates; or

employment in connection with a specific task or project, which will terminate upon the occurrence of a specified contingency related to the task or project; or

a period of employment to teach NCELTR courses.

x.9

Fixed term contracts may be terminated by the University:

during a probationary period in accordance with clause x.x, (Probation) of this Agreement; or

where the Staff Member’s position has become redundant because external funding essential to the employment ceases or the work is no longer required to be undertaken; or

for cause based on unsatisfactory performance or serious misconduct.

x.10

For the purpose of this clause, breaks between fixed term appointments of up to three months in total in any 12 month period will not constitute breaks in Continuous Service.

Restriction on Use of Fixed Term Appointments

x.11

The use of fixed-term employment must be limited to the employment of an employee engaged on work activity that comes within the description of one or more of the following circumstances:

Specific task or project means a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it will also include a period of employment provided for from identifiable funding external to the employer, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.

Research means work activity by a person engaged on research only functions for a contract period not exceeding five years.

Replacement employee means an employee:

undertaking work activity replacing a full-time or part-time employee for a definable period for which the replaced employee is either on authorised leave of absence or is temporarily seconded away from their usual work area; or

ii.

Performing the duties of:

a vacant position for which the employer has made a definite decision to fill and has commenced recruitment action; or

a position in which the normal occupant is performing higher duties pending the outcome of recruitment action initiated and/or in progress by the employer for that vacant higher duties position.

Until a full-time or part-time employee is engaged for the vacant position or vacant higher duties position as applicable.

Pre-retirement contract

Where a full-time or a part-time employee declares that it is their intention to retire, a fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of employment for a period of up to five years.

Fixed-term contract employment subsidiary to studentship

Where a person is enrolled as a student, fixed-term contract employment may be adopted as the appropriate type of employment for work activity, not within the description of another circumstance in the preceding paragraphs of this clause, that is work within the student’s academic unit or an associated research unit of that academic unit and is work generally related to a degree course that the student is undertaking within the academic unit, provided that:

such fixed-term contract employment will be for a period that does not extend beyond, or that expires at the end of, the academic year in which the person ceases to be a student, including any period that the person is not enrolled as a student but is still completing postgraduate work or is awaiting results; and

ii.

that an offer of fixed-term employment under this paragraph must not be made on the condition that the person offered the employment undertake the studentship.

Notice of Cessation or Re-offer of Fixed Term Employment

x.12

Sub-clause 3.7.11 applies where a Staff Member has a fixed-term contract that commenced after this Agreement came into operation (whether or not the Staff Member was previously employed by the University on a fixed-term contract or otherwise).

A fixed term Staff Member may be offered a further contract of employment. Unless such an offer is made and accepted, or the Staff Member’s employment is terminated earlier in accordance with clause 3.7.9, the Staff Member’s employment will end on the specified end date or occurrence of the contingency specified in the contract of employment. Where the University makes a determination to continue a position with the same or substantially similar duties, or where there have only been inconsequential changes to the position, the Staff Member will be offered further employment in the position provided that:

he/she was initially appointed through an externally advertised competitive selection process; and

he/she is demonstrating satisfactory performance in all aspects of the position; and

in the case of substantially similar duties, the University is satisfied that he/she has the capacity to meet any new duties or competencies that may be required.

x.13

The University will provide to a fixed term Staff Member a written notice (including by email) of 5 weeks of its intention to offer, or not to offer, further employment with the University upon the expiry of the contract except where:

the Staff Member is on a pre retirement contract; or

the Staff Member is on a fixed term contract of less than six months.

x.14

Where, because of circumstances relating to the provision of specific funding to support employment, external to the University and beyond its control, the University is not reasonably able to give the notice required by clause 1.1.12 above, it will be sufficient compliance with this clause if the University:

advises those circumstances to the Staff Member in writing at the latest time at which the notice would otherwise be required to be given, and

gives notice to the Staff Member at the earliest practicable date thereafter.

Conversion from Fixed Term to Continuing Employment

x.15

A Staff Member on a fixed term contract will be offered continuing employment in circumstances where the University has determined that continuing work of the same or substantially similar duties and requisite funding are available and:

the current contract is the second or subsequent consecutive fixed term appointment for the Staff Member; or

the period of fixed term employment has exceeded a continuous period of two (2) years;

and the following two requirements are met:

the Staff Member was originally appointed following a competitive merit based selection process; and

the performance of the Staff Member since appointment has been satisfactory.

x.16

The provisions of subclause x.15 do not apply to fixed term contracts for:

Academic positions at Level D or above;

General Staff positions above level 9; and

English language teaching positions at category 3 or above.

Severance Pay for Fixed Term Staff Member

x.17

Where a fixed-term Staff Member is terminated prior to the expiry of his or her fixed-term contract in accordance with sub clause 3.7.9(b), the University will pay the Staff Member the lesser of:

the salary which the Staff Member would have received if they had continued employment until the expiry of the fixed-term contract; or

the retrenchment benefit payable under subclause 6.2.17.

x.18

A fixed term Staff Member whose contract of employment is not renewed at the expiry of the contract will be entitled to a severance payment in accordance with subclause 1.1.19 or 3.7.21 below, except where:

the Staff Member was replacing another Staff Member on leave or secondment from the workplace; or

the Staff Member was on a pre retirement contract; or

the position was a senior management position.

x.19

The University, in a particular case, may make an application to the AIRC to have the severance payment entitlement varied if it obtains acceptable alternative employment for the Staff Member.

x.20

Where a Staff Member is entitled to a severance payment in accordance with subclause 1.1.17 above, the following payments will apply:

Length of Continuous Service	Severance pay
More than 1 year but less than 2 years	4 weeks' pays
2 years or more but less than 3 years	6 weeks’ pay
3 years or more but less than 4 years	7 weeks’ pay
4 years or more but less than 5 years	8 weeks’ pay
5 years or more but less than 6 years	9 weeks’ pay
6 years or more but less than 7 years	10 weeks’ pay
7 years or more but less than 8 years	11 weeks’ pay
8 years or more but less than 9 years	12 weeks’ pay
9 years or more but less than 10 years	15 weeks' pay
10 years or more	20 weeks' pay

x.21

Where a fixed-term Staff Member with between five and ten years of Continuous Service is entitled to a severance payment, he or she will be entitled to a payment in lieu of long service leave calculated at the pro-rata rate of two months for ten years of Continuous Service.

x.22

Periods of continuing employment prior to commencing a fixed term contract, casual employment or approved unpaid leave will not count as Continuous Service for the purposes of clauses 1.1.19 or 3.7.21, but will not constitute breaks in Continuous Service.

x.23

Where the University advises a Staff Member in writing that further employment may be offered within six weeks of the expiry of a period of fixed term employment, the University may defer payment of severance benefits for a maximum period of four weeks from the expiry of the period of fixed term employment.

Casual Employment

x.24

A Staff Member employed on a casual basis will be paid the applicable casual hourly salary rate provided for in Schedule 2 of this Agreement. The hourly rate includes a loading of 25% that is paid in compensation for the casual nature of the appointment and for all forms of leave (excluding long service leave) and any other relevant entitlements.

x.25

Notwithstanding the provisions of subclauses 1.1.25 to 1.1.30, a casual Staff Member will not have any expectation of continuing employment.

General Staff Casual Employment Conversion Arrangements

x.26

A casual General Staff Member will be offered conversion to continuing or fixed term employment, as appropriate if the Staff Member has been employed by the University on a regular and systematic basis in the same or a similar and identically classified position in the same work unit and either:

the employment was during the immediately preceding period of twelve months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50 percent of the ordinary weekly hours of a full time Staff Member; or

worked on a regular and systematic basis in the same work unit over the immediately preceding twenty four months.

x.27

For the purposes of this clause casual work performed by the Staff Member in another classification, job or work unit shall not:

affect the Staff Member’s eligibility for conversion; nor

be included in determining whether the Staff Member meets eligibility requirements.

x.28

The University will not unreasonably refuse an application for conversion. Reasonable grounds for refusal include but are not limited to the following:

the Staff Member is a student, or has recently been a student, other than where her/his status as a student is irrelevant to his/her engagement and the work required;

the Staff Member is a genuine retiree;

the Staff Member is performing work which will either cease to be required or will be performed by a non casual Staff Member, within twenty six (26) weeks from the date on which the application of conversion is made;

the Staff Member has a primary occupation with the University or elsewhere, either as a Staff Member or as a self employed person;

the Staff Member does not meet the essential requirements of the position; or

the work subject to the application for conversion is ad hoc, intermittent, unpredictable or involves hours that are irregular.

x.29

While the University will consider applications for conversion from casual to fixed-term or continuing employment, approval will be at the discretion of the University. If the application is rejected, the University will provide written reasons for rejecting it.

x.30

Conversion may be to either a continuing appointment or to a fixed term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the University’s operational requirements and the desirability of offering the Staff Member work which is as regular and continuous as is reasonably practicable, will be consistent with the Staff Member’s casual engagement.

x.31

A Staff Member whose application for conversion is rejected will not be entitled to apply again within 12 months except where:

that rejection is solely based upon the ground set out in clause 1.1.27(c) above; and

that ground ceased to apply.

Seasonal Employment of General Staff

x.32

“Seasonal employment of General Staff” means employment offered on a continuing or fixed term basis to work one or more periods or seasons in each calendar year.

x.33

During the periods of the calendar year that a seasonal Staff Member is not required to perform work, they will be deemed to be stood down without pay. Any such stand down period will not count as service for any purpose, although it will not break the continuity of service.

Conversion to Part-Time Employment for a Fixed Period

x.34

A Staff Member may apply to temporarily convert from full time to part time employment. Written applications at least three (3) months prior to the proposed date of conversion, should include the following information:

the fraction of the appointment proposed to be worked;

the duration of the proposed conversion to part time employment which will be no longer then 3 years;

the reason for the application; and

a recommendation from the Supervisor.

x.35

At the conclusion of the period of part time employment, the Staff Member shall resume their substantive full time appointment.

x.36

While the University will consider applications for conversion to part time employment for a fixed period, approval will be at the discretion of the University.

Comment (Members only please)

Union Rights Show...

x.1	In recognising that unions are the legitimate representatives of Staff, the University will assist unions by providing appropriate support for authorised union activities.
x.2	Union meetings
x.2.1	Unions may hold meetings of members on the premises of the University. Adequate notice will be given to the University of the intention to hold formal meetings. Paid union meetings in work time will be available to all staff who are members of the union, with adequate notice given to supervisors of the starting and finishing times of those meetings. When the parties are not involved in enterprise bargaining, union meetings in paid work time will be limited to one meeting per month of all union members. During enterprise bargaining, union meetings will occur as required by union members.
x.3	Notices and resources
x.3.1	Adequate facilities will be provided to union representatives to represent Staff of the University. These will include:
	(i)	telephone, fax, computer, printer, email and web resources. There will be no surveillance by the University of e-mail or web communication with University employees initiated by a Staff Member who is a union member or union representative or by an official of the union,
	(ii)	a notice board or access to staff notice boards for material authorised by the union. This is to include electronic notice boards and web pages,
	(iii)	workplace conference or meeting facilities for meetings with members,
	(iv)	internal University mail system (including electronic mail) for the distribution, to Staff Members within the University of union publications or electronic communications, free of charge and without undue delay,
	(v)	accessible office space with reasonable facilities for the union representatives and officials on campus.
x.4	Time Release
x.4.1	There will be no reduction in salary or conditions as a consequence of time release.
x.4.2	In the interest of promoting active participation in the implementation of this Agreement and the process of the Macquarie University Consultative Committee, the University agrees to provide:
	(i)	40% time release to the President of the CPSU Branch;
	(ii)	40% time release to the President of the NTEU Branch.
x.4.3	Additionally, in order to facilitate participation by Union representatives in the MUCC, the University will provide, each year, an amount equivalent to 50% of the maximum salary of a position at Level 5 to allow a reduction of their ordinary workload for such representation.
x.4.4	Any Staff Member who has been appointed as a union representative will be considered on duty and will be allowed reasonable time for the conduct of Union activities. No Staff Member will be disadvantaged as a result of such union activities.
x.4.5	No Staff Member will be disadvantaged as a result of Union activities conducted in accordance with responsibilities incurred as a result of the implementation of this Agreement. Involvement shall be recognised as a contribution to the University or service to the profession for the purposes of any University promotion scheme.
x.4.6	Where negotiations take place outside the hours of 9am to 5pm and union delegates are required to make child care arrangements beyond their normal arrangements, the costs of such arrangements shall be borne by the University.
x.5	Leave to Attend Trade Union Courses
x.5.1	The University will grant to a union member leave to attend a trade union training course after consultation with the relevant union. Leave of up to maximum of 20 days in any two years is allowed. Such leave shall count as service for all purposes.
x.5.2	A union representative shall be considered to be on duty where he/she is:
	(i)	required to attend an industrial tribunal as a participant or witness where the University is a party to the proceedings,
	(ii)	attending a trade union training course, seminar or conference;
	(iii)	attending delegates meetings of Branch committee meetings;
	(iv)	attending external meetings.
	Examples of external meetings are:
	•	the Union's Higher Education Representative Committee and division/state Executive,
	•	State and/or National Council meetings,
	•	peak union conferences,
	•	union working parties.
	When a Staff Member has to travel to attend a conference or meeting, such leave will also apply to reasonable travelling time to and from the venue of the conference or meeting.
x.6	Secondment to unions
x.6.1	The services of a Staff Member may be loaned by the University to the Staff Member’s union for up to three years in the first instance and if necessary for a further period or periods up to a maximum of five years.
x.6.2	The loan of service is subject to the following conditions:
	(i)	the union is required to meet all on-costs, including superannuation;
	(ii)	the University will submit an account to the Union for recovery of costs not met by the union.
x.6.3	Service whilst on loan to unions will count as service for all purposes.
x.7	Information to new staff
x.7.1	On appointment or at the time of the first salary payment to a Staff Member, the University will supply the Staff Member with:
	(i)	a notice from the University advising the Staff Member which union(s) has coverage; and
	(ii)	Union membership application forms and information if this has been supplied to the University by the union.
x.7.2	The unions will be informed of all formal induction sessions for new Staff Members by the University, and will be permitted to distribute union information and speak at those sessions.
	Comment (Members only please)

Unsatisfactory Performance Show...

x.1	This clause will apply to all fixed-term and continuing Staff Members of the University.
x.2	Where a Staff Member's Supervisor has formed the view that the Staff Member’s performance is unsatisfactory:
	a)	the Supervisor will write to the Staff Member outlining their view of the unsatisfactory performance, and then meet with the Staff Member to discuss those areas of performance that have been identified as unsatisfactory;
	b)	at the meeting the Staff Member will be given a reasonable opportunity to respond to the criticism made of his/her performance, as well as the opportunity to provide a written response up to five (5) working days following the meeting. The Staff Member may use a maximum of eight (8) hours of work time to prepare the written response.
	c)	the Supervisor will determine and advise the Staff Member if the view originally formed is still valid, and if so what improvements are required for performance to be satisfactory;
	d)	where reasonable and appropriate the Staff Member will be provided with training and/or development; and
	e)	the Staff Member will be given a reasonable period of time, which, depending on the circumstances shall not normally be more than three months, to improve those areas of performance identified as being unsatisfactory.
x.3	A Staff Member is entitled to be accompanied to any meeting by a representative of their choice. The Staff Member and their chosen representative may withdraw to consult if required. The Staff Member’s chosen representative may participate in the meeting but may not answer for the Staff Member.
x.4	At the end of the period specified in subclause x.2(e) the Supervisor will meet with the Staff Member and review their performance. Following that review:
	a)	where the Supervisor determines that all aspects of the Staff Member's performance are now satisfactory it will be recorded and no further action will be taken; and
	b)	where the Supervisor determines any aspect of the Staff Member’s performance remains unsatisfactory, the Supervisor will:
		i.	make a report to the Head within 5 working days of meeting with the Staff Member; and
		ii.	provide a copy of the report to the Staff Member.
x.5	Not withstanding sub-clause x.4, if at any time during the Unsatisfactory Performance process the Supervisor determines that all aspects of the Staff Member’s performance are now satisfactory, the Supervisor will inform the Staff Member in writing that the unsatisfactory performance action has concluded and no further action will be taken.
x.6	The Staff Member may provide a written response to the report to the Head. Any response by the Staff Member must be provided within 5 working days of the Staff Member receiving the report specified in sub-clause x.4 (b) ii.
x.7	The Head:
	a)	will review the report and any response from the Staff Member;
	b)	may seek further information from the Staff Member or Supervisor regarding the report or the response from the Staff Member; and
	c)	will, if requested by the Staff Member, seek input from up to 3 colleagues nominated by the Staff Member in the Faculty or Office in which the Staff Member works, and give them a reasonable opportunity to provide such input.
x.8	Having regard to the report and any further information obtained in the process referred to in subclause x.7, the Head will either:
	a)	refer the matter back to the Supervisor for a further review period, which, depending on the circumstances shall not normally be more than three months, with directions that the Supervisor must comply with before the matter is referred back to the Head to be dealt with under this sub-clause; or
	b)	determine that all aspects of the Staff Member’s performance are now satisfactory and that the unsatisfactory performance action has concluded and no further action will be taken; or
	c)	provide a report to the Manager, Employee Relations which:
		i.	identifies the aspects of performance the Head regards as unsatisfactory;
		ii.	records the attempts to remedy the unsatisfactory performance; and
		iii.	includes the Staff Member’s responses and, if sought, colleagues' responses.
x.9	If the Head provides a report to the Manager, Employee Relations:
	a)	the Head will also provide a copy of the report to the Staff Member; and
	b)	the Staff Member will have 10 working days from receipt of the Report to provide a written response to the report to the Manager, Employee Relations.
x.10	If the Manager, Employee Relations receives a report they will:
	a)	consider the report, any response to the report from the Staff Member and review the processes undertaken by the Supervisor and Head; and
	b)	determine whether the processes have been complied with in substance and in a manner appropriate to the circumstances. On the basis of that determination, the Manager, Employee Relations may decide to:
		i.	take no further action; or
		ii.	refer the matter back to the Supervisor or Head with directions which either or both of them must comply with before the matter is referred back to the Manager, Employee Relations to be dealt with under this subclause x.10; or
		iii.	refer the matter to an Unsatisfactory Performance Reviewer (UPR).
x.11	If the Manager, Employee Relations decides to refer the matter under subclause (iii), the Manager, Employee Relations will appoint a UPR. The UPR will be either:
	a)	a current or former Member of Fair Work Australia or its predecessor tribunal; or
	b)	a legal practitioner, holding a current Practicing Certificate, selected from a pool of practitioners agreed to by the University and the Unions.
x.12	The UPR will conduct a fact finding investigation into the alleged unsatisfactory performance.
x.13	Within four (4) weeks of commencing the investigation, the UPR will provide a report to the Director, Human Resources and the Staff Member. The report will briefly set out the facts on which the UPR relies on reaching the conclusions set out in the report.
x.14	The Director, Human Resources will consider all reports, responses and associated materials and will determine to:
	a)	take no further action; or
	b)	refer the matter back to the Supervisor or Head with directions which either or both of them must comply with before the matter is referred back to the Director, Human Resources to be dealt with under this subclause; or
	c)	take disciplinary action which is limited to:
		i.	counselling;
		ii.	written warning;
		iii.	formal censure;
		iv.	withholding of an increment;
		v.	varying the Staff Member’s duties/removing any Administrative position;
		vi.	demotion by one or more salary steps or one or more classification levels; or
		vii.	termination of employment.
x.15	The Director, Human Resources will advise the Staff Member in writing of his/her determination under subclause x.14.
x.16	If the Director, Human Resources determines to terminate the employment of the Staff Member, the period of notice shall be as determined under sub-clause x.x of this Agreement.
x.17	A determination made by any Supervisor or officer of the University to take no further action concludes the Unsatisfactory Performance process. However, it will not prevent the University from relying on the relevant unsatisfactory performance in any future performance matter.
	Comment (Members only please)

Workloads Show...

x.1	The University does not encourage or condone a workplace culture that requires staff to work hours that are regularly in excess of their ordinary working hours. Workloads will be fairly distributed and allocated by a transparent process that is supported by staff in a work unit and without risk to health and safety.
x.2	A Staff Member’s workload will be comprised of activities described in their position description and will take into consideration the employee’s level of appointment and ordinary hours of work as well as the importance of maintaining an appropriate balance between work and family life.
x.3	Should a staff member or group of staff have a concern about their workload, the matter should initially be raised with their immediate supervisor. The supervisor will examine the concerns raised and attempt to resolve the matter. Indicators of an unreasonable workload may include:
	a)	an ongoing requirement to work excessive hours;
	b)	unsustainable work patterns;
	c)	inequitable distribution of tasks within a team or work unit;
	d)	inability to take annual leave;
	e)	excessive work volume;
	f)	high levels of staff turnover;
	g)	decline in staff members motivation or performance.
	If after 10 days the matter remains unresolved to the satisfaction of the Staff Member(s) or their supervisor, either may make a written request to the Head for a workload assessment.
x.4	Upon receipt of a written request the Head will undertake a workload assessment in consultation with the relevant supervisor and Staff Member(s). In carrying out a work load assessment the Head may also seek the assistance of the Director of Human Resources.
x.5	The workload assessment will consider what data and evidence is required to establish the actual workload situation, including:
	a)	actual hours worked, whether authorised or not;
	b)	changes in staffing levels over time;
	c)	changes in volume of work generally, and in any measurable transactions or relevant student/staff ratios;
	d)	changes to the nature and requirements of work;
	e)	the impact of deadlines and the temporal arrangement of work cycles;
	f)	patterns of TOIL accrual, use of sick leave, and other forms of leave;
	g)	employee experiences and attitudes.
x.6	The Head shall prepare and finalise a report within four (4) weeks of receiving a written request for a work load assessment. The report will:
	a)	address the specific concerns raised by the supervisor or Staff Member(s);
	b)	contain findings in respect of the relevant factual information referred to above (subclause x.5 (a) – (g)); and
	c)	make appropriate recommendations.
	Upon finalisation, the report will be made available to the relevant supervisor and Staff Member(s) and will be subject to the Dispute Settling Procedures of this Agreement.
x.7	Where, following a workload assessment, it is established that the Staff Member(s) is/are undertaking an unreasonable workload the University will be required to find ways of adjusting the Staff Member(s)' workload(s).
	Comment (Members only please)

Work Related Travel Show...

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