UTS Enterprise Bargaining

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Draft UTS EA 2010
Clauses Tabled by the CPSU

AWAs and ITEAs Show...

Change Management Show...

32	MANAGING CHANGE IN THE WORKPLACE
32.1	Principles
	All proposals for workplace change must be undertaken in accordance with this clause. The University and staff recognise that change will occur as the University evolves over time and as circumstances require. Many changes that take place in the workplace can be relatively minor and, as a consequence, will be addressed at the workplace level through direct local discussion and consultation with individual staff and/or the work group. The University and its staff will pursue ongoing improvements in the quality and cost effectiveness of University programs and support services, and in support of the University’s strategic objectives. The University will manage change in a proactive, transparent and constructive manner, so as to minimise any adverse effects on the University workplace community while ensuring that the University is able to adapt appropriately to changing circumstances. It is acknowledged that the sound management of workplace change is enhanced by the involvement of the people who will be affected by that change. Therefore staff that are likely to be affected by change, and the unions, will be meaningfully involved in the consideration of change proposals throughout the process, including the development of a formal proposal stage and consideration of implementation issues once the change is determined. Where practicable, the University will include staff that are on leave in the consultative process. The process described in this Clause applies to changes that could reasonably be expected to have a significant effect on staff. Significant effects may arise with, but are not limited to:
	(a)	the need to transfer staff to other work locations, such as from one campus to another*
	(b)	a reduction in the number of positions that is likely to lead to retrenchments
	(c)	a position or positions being made redundant
	(d)	outsourcing of existing services
	(e)	the alteration of working arrangements applicable to a work unit(s) (such as the introduction of shift work or new technology) or changes to organisational structure.
	* The University may only transfer a staff member to another work location at the same classification and salary level to perform duties commensurate with the employee’s skills, qualifications and experience and where such a transfer will not have a detrimental impact on the staff member’s employment or career prospects.
32.2	Consultation
	When a proposal for change of the nature described in sub-clause 32.1 is identified, the University will initiate a consultative process with all affected staff, and the unions, about the need for the change. Such consultation will be initiated in a timely manner prior to any final decision being made, and will involve one or more meeting(s) to which affected staff and the unions will be invited to allow discussion of issues. The University will provide relevant information and documentation to the affected staff and the unions as part of the consultation process. Consultation will occur with all relevant staff, and the unions and will cover:
	(a)	the nature of and rationale for the change
	(b)	the potential benefits for staff or possible adverse effects on staff, if any
	(c)	suggestions for avoiding or mitigating any potentially adverse effects on staff including any workload implications
	(d)	the timeframe for the proposed change process; and
	(e)	whether a post implementation review is appropriate.
32.3	Implementation
	Once the University decides to proceed with the proposed change in either its original or a revised form then the University will consult with the affected staff and the unions on strategies and timelines for the implementation of change. The University will also confer with staff and the unions on any measures necessary to mitigate any negative consequences for affected staff arising from the change.

33	REDUNDANCY
	Principles
	The University recognises that job security is important for staff and is committed to minimising the need for forced redundancies by exploring alternative measures to mitigate any negative consequences of the change.
33.1	Application
	The provisions of this Clause apply to all continuing staff.
33.2	Definition
	‘Redundant position’ means a position that is identified as surplus to the University's requirements for reasons of an economic, technological, structural or similar nature. Such reasons may include, but are not limited to:
	(a)	a decrease in student demand or enrolments in any academic course or subject or combination or mix of courses or subjects conducted on one or more campuses
	(b)	a decision to reduce or cease providing or to vary a service, function or activity conducted on one or more campuses
	(c)	financial exigency within an organisational unit or cost centre; or
	(d)	changes in technology or work methods.
33.3	Consultation
33.3.1	Where there is potential for the loss of positions or a position is made redundant, the University will consult with the affected staff, and the unions, with a view to reaching agreement on measures to avert job losses and/or minimise the adverse effects of job losses. Forced redundancies will be implemented as a last resort.
33.3.2	The measures referred to in sub clause 33.3.1 include reasonable retraining, natural attrition, limiting external recruitment action, expressions of interest in voluntary redundancy or other voluntary measures such as pre-retirement contracts, conversion to part-time employment (for a specified period of time unless otherwise agreed), redeployment, utilisation of leave entitlements, secondment.
33.3.3	As part of those discussions the University will provide the affected staff and the unions with relevant information, including
	(a)	the redundancies and the reasons for them
	(b)	the number and categories of staff likely to be affected; and
	(c)	the time when, or the period over which, the University intends to carry out the redundancies.
33.3.4	Following the discussions with the affected staff under sub-clause 33.3.1, the University will decide which measure(s) will be pursued to mitigate any negative consequences of the change.
33.4	Application for voluntary separation or redeployment
	The Vice-Chancellor may invite a staff member, whose position has been made redundant, to apply for voluntary separation (as provided under sub-clause 33.5) or redeployment (as provided under sub-clause 33.6). A staff member who has received an invitation from the Vice-Chancellor in accordance with this sub-clause will have five working days from the date of the Vice-Chancellor’s invitation to request a review of the University’s decision to make her/his position redundant in accordance with sub-clause 33.7.
33.5	Voluntary separation
	A staff member will have six weeks from the date of the Vice-Chancellor's invitation in which to submit an application for voluntary separation to the Vice-Chancellor. The Vice-Chancellor may decline a request for voluntary separation and the staff member will be advised of the reason(s) in writing for this decision and will be informed that their employment is to continue.
33.5.1	Voluntary separation benefit
	(a)	The amount paid for voluntary separation will consist of the following components:
		(i)	a lump sum of twelve weeks pay
		(ii)	severance pay at the rate of four weeks pay for each completed year of service
		(iii)	entitlements in the form of accrued annual leave and long service leave.
		’Pay‘ as referred to above in this sub-clause will be the staff member’s ordinary rate of pay as defined in Clause XX [Definitions].
	(b)	The final date of employment will be determined by the Dean or Director in consultation with the staff member.
	(c)	All payments under sub-clause 33.5.1(a) will be calculated on the basis of the pay applicable to the staff member’s average proportion of full-time employment over his/her last five years of service or his/her proportion of full-time employment at the date of cessation of employment, whichever is the greater.
	(d)	The benefits under 33.5.1(a) are in lieu of any notice period, access to a scheme of redeployment or other redundancy benefit.
33.6	Redeployment
33.6.1	A staff member will have six weeks from the date of the Vice-Chancellor’s invitation under 33.4 in which to respond with a written request for the redeployment option to the Vice-Chancellor. The redeployment option will provide for a period of up to 15 weeks of redeployment and retraining which will commence from the date of the staff member’s written request.
33.6.2	If after requesting the opportunity for redeployment and at the end of the 15 week period there is no offer to be redeployed then the staff member’s employment will be terminated and they will be provided with the voluntary separation benefits which would have been available to the staff member under sub-clause 33.5.1, excluding the lump sum of twelve weeks pay. There is no obligation on the staff member to complete the 15 week period of redeployment. A staff member may accept voluntary separation and end the period of redeployment before the end of the 15 week period. The voluntary separation benefit then available to the staff member will be reduced by the period of redeployment served (that is, from the commencement of the redeployment period to their final date of employment) up to a maximum equivalent to the lump sum of twelve weeks pay.
33.6.3	During the redeployment process, staff will continue to maintain existing rights and privileges under this agreement and will continue to be engaged in productive and meaningful employment within the University.
33.6.4	The staff member will participate fully in the redeployment process including, where applicable, by maintaining a proactive job search; making themselves available to be considered for redeployment to a vacancy and participating in training.
33.6.5	The University will provide assistance and support to staff seeking redeployment. Staff seeking redeployment will be considered ahead of other applicants for any vacancy or new position considered by the University or the staff member to be suitable. A suitable position will normally mean a position:
	•	at the same classification and salary .level of the staff member, and
	•	for which the staff member may have the necessary skills, qualifications and experience, or
	•	for which the staff member may acquire the necessary skills with a reasonable period of training/retraining.
33.6.6	Where a staff member is assessed by the University as being suitable to fill a vacancy or new position, the staff member will receive a formal offer of appointment to the position, which they may accept or reject. A staff member shall not unreasonably refuse to accept redeployment to a suitable position, or training/retraining following the identification of a suitable position. When a staff member accepts redeployment to a position, redundancy processes will cease.
33.6.7	Where a staff member is not assessed by the University as being suitable to fill a vacancy or new position, the staff member and the University may agree to a trial redeployment of up to three months to the position. During the trial period, the staff member and their supervisor will discuss the progress of the trial redeployment. Should either the University or the staff member find during the trial period that the position is unsuitable, the trial redeployment will cease and the staff member will be receive the voluntary separation benefits which would have been available to the staff member under sub-clause 33.5.1(a) excluding the lump sum of twelve weeks pay (unless the period of redeployment and the trial period served is less than twelve weeks in which case the balance of the lump sum will be paid).
33.6.8	Where a staff member accepts redeployment to a position which is at a lower level, the University will maintain the staff member’s salary at the level received prior to their position being declared redundant for a period of six months from the date of taking up the redeployment position.
33.6.9	Where a staff member accepts redeployment to a fixed-term position and there are then no further employment opportunities available at the conclusion of the fixed-term, the staff member’s employment will be terminated and they will be provided with the benefits available under voluntary separation less the lump sum of twelve weeks pay (refer to sub-clause 33.5.1(a)).
33.6.10	The voluntary separation benefits applicable to staff who request redeployment will be calculated on the staff member’s pay on the date of the staff member’s written request for redeployment.
33.7	Review
33.7.1	Within five working days of a staff member lodging an application for review in accordance with 33.4 a Reviewer will be appointed [refer to Clause XX, Reviewers and Investigators]. The role of the Reviewer will be to determine whether the process in 33.3.1 was followed or whether a genuine redundancy decision was made by the University.
33.7.2	The Reviewer will:
	(a)	conduct proceedings as expeditiously as possible consistent with the need for fairness
	(b)	allow the Vice-Chancellor and staff member to be assisted, if they so choose, by a representative of their choice who not a solicitor or barrister in private practice
	(c)	give the staff member adequate opportunity to put his/her case that fair process was not observed up to the point of the decision of the Vice-Chancellor to advise the staff member that his/her position is redundant or it is one position within a class of positions where one or more of those positions are redundant
	(d)	provide an opportunity for the staff member to be interviewed
	(e)	interview any person the Reviewer thinks fit to establish the facts of the particular case
	(f)	take into account other material the Reviewer believes appropriate to the case
	(g)	conclude the review within ten working days of the appointment of the Reviewer unless otherwise agreed between the Reviewer, the Vice-Chancellor and the staff member.
33.7.3	Within five working days (or longer period as agreed between the Vice-Chancellor and staff member) of completing the process under 33.7.2, the Reviewer will provide a report to the Vice-Chancellor and the staff member.
33.7.4	If the Reviewer finds that the University has acted appropriately in terms of its process in inviting the staff member to apply for voluntary redundancy or redeployment, the Vice-Chancellor will provide the staff member with ten working days to apply for voluntary separation (as provided under Clause 33.5) or redeployment (as provided under Clause 33.6).
33.7.5	If the reviewer finds that the University has not acted appropriately in terms of its process in inviting the staff member to apply for voluntary redundancy or redeployment, the Reviewer will report this fact to the Vice-Chancellor setting out reasons, specifically identifying what failures of the process had taken place.
33.7.6	If the Vice-Chancellor receives a report to the effect that the process was not observed, the Vice-Chancellor will reconsider his/her decision in light of the Reviewer’s report but may first take steps to remedy the perceived unfairness as seem to him/her reasonable.
33.8	Retrenchment
33.8.1	Following the close of the period for application referred to in 33.5, the Vice-Chancellor may formally advise in writing any staff member who has not applied for voluntary separation that the staff member is an excess staff member and that their employment will be terminated in accordance with this Clause. Such a termination is referred to as a ’retrenchment’.
33.8.2	Benefits on retrenchment
	(a)	A staff member will be given eight weeks notice (or equivalent compensation) prior to a retrenchment taking effect.
	(b)	On retrenchment, a staff member will receive a severance payment of four weeks for each completed year of service with the University.
	Payment will be the staff member’s ordinary rate of pay.
33.8.3	The action of the Vice-Chancellor under this Clause will be final. However, the provisions of this Clause do not exclude the jurisdiction of any external tribunal that would be competent to deal with the matter.
33.9	Leave and expenses
	A staff member who is granted voluntary separation or is retrenched will be entitled to up to one day’s time off with full pay per week for the purpose of seeking other employment including attendance at employment interviews. Where expenses to attend such interviews are not met by the prospective employer, the staff member will be entitled to reasonable local travel and other incidental expenses incurred in attending such interviews as determined by the head of school/unit (or equivalent). The University will reimburse reasonable costs and charges as determined by the Dean (or equivalent) associated with a program of retraining as an agreed measure to mitigate the effects of his/her position being surplus. This may also include reimbursement of expenses associated with counseling and books and equipment associated with retraining.
	Comments (Members only please)

Contract of Employment Show...

First Aid Allowance Show...

Grandparent Leave Show...

Human Resources Policies, Procedures and Guidelines Show...

Individual Flexibility Arrangements Show...

X.1	Notwithstanding any other provision of this agreement, the University and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine needs of the University and the individual employee. The agreement between the University and the individual employee must be confined to a variation in the application of one or more of the terms listed in below. Salary Packaging A staff member may elect packaging of salary items that may be approved in accordance with University policy from time to time. Purchased Leave A staff member may apply to enter into an agreement with the University to purchase 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12-month period. The purchased leave will be funded through the reduction in the employee’s ordinary rate of pay. To calculate the purchased leave rate of pay, the employee’s ordinary salary rate will be reduced by the number of weeks of purchased leave and then annualised at a pro-rata rate over the 12 month period. Arrangements for when work is performed An employee may apply to vary his/her working arrangements in accordance with Clause 39 of this Agreement.
X.2	The University may agree to a request, provided the employee and the University genuinely agree to the arrangement without coercion or duress, and the employee is not disadvantaged in relation to their terms and conditions of employment. The agreement will be taken not to disadvantage the individual employee in relation to their terms and conditions of employment if:
	X.2.1	the agreement does not result, on balance, in a reduction in the overall terms and conditions of employment of the individual employee under this agreement; and
	X.2.2	the agreement does not result in a reduction in the terms and conditions of employment of the individual employee under any other relevant laws of the Commonwealth or any relevant laws of a State or Territory.
X.3	The University when seeking to enter into an agreement must provide a written proposal to that employee. Where the employee’s understanding of written English is limited the University must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
X.4	The University must ensure that the individual flexibility arrangement:
	(a)	is in writing; and
	(b)	includes the name of the University and employee; and
	(c)	is signed by the University and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
	(d)	includes details of:
		(i)	the terms of the enterprise agreement that will be varied by the arrangement; and
		(ii)	how the arrangement will vary the effect of the terms; and
		(iii)	how the agreement does not disadvantage the individual employee in relation to the terms and conditions of his or her employment as a result of the arrangement; and
	(e)	states the day on which the arrangement commences.
X.5	The University must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
X.6	The University or employee may terminate the individual flexibility arrangement:
	(a)	by giving no more than 28 days written notice to the other party to the arrangement and the agreement ceasing to operate at the end of the notice period; or
	(b)	if the University and employee agree in writing at any time.
X.7	The University is responsible for ensuring that all of the requirements of this clause are met.
X.8	The University will provide a copy of an employee’s flexibility arrangement made under this clause to a Union, upon the written request of the employee.
X.9	The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between the University and an individual employee contained in any other term of this agreement.
	Comments (Members only please)

Length of the Agreement Show...

Principles of Consultation at UTS Show...

Reviewers and Investigators Show...

Union Rights Show...

X.1	Union Representation
	Accredited union delegate shall mean an employee who has been elected, in accordance with the respective union’s rules, to one of the following:
	i.	the UTS CPSU Branch Committee, and/or
	ii.	the UTS NTEU Campus Executive, and/or
	iii.	a State or National Conference, Executive, Committee of Management or Council of the union.
	A list containing the names of such employees must be provided to the Director Human Resource Services at the commencement of this Agreement and then updated each year. The size of the UTS CPSU Branch Committee and the UTS NTEU Campus Executive cannot exceed the limits set out in the CPSU UTS Branch Charter and the State NTEU rules respectively.
X.2	Leave to Attend Trade Union Courses
	The University will grant union delegates leave to attend union training of up to ten days per year. Such leave shall count as service for all purposes.
X.3	Leave to External Union Meetings
	The University will grant accredited union delegates leave with pay to attend external union meetings of up to 5 days per year. The granting of leave will apply to the following activities undertaken by a Union delegate: Conferences of the Union, Meetings of the Union’s Executive, Committee of Management or Councils; Conference of the Unions NSW, and Conferences of the Australian Council of Trade Unions. Such leave shall count as service for all purposes.
X.4	Time Release
	No employee will be disadvantaged as a result of union activities conducted in accordance with responsibilities incurred as a result of implementation of this Agreement. A union delegate will be considered on duty and will be allowed reasonable time for the conduct of authorised union activities. Authorised union activities will include: attending an industrial tribunal as a participant or witness where the University is a party to the proceedings, attending a union seminar or delegates’ council or committee meeting; attending meetings with workplace management and a reasonable period of preparation time before such meetings, presenting information about the union at the completion of induction sessions for new employees, and distributing official union publications or other authorised material at the workplace.
X.5	Union meetings
	Unions may hold meetings of members on the premises of the University. Union meetings should be held during meal or other work breaks and may only be held during working hours if agreed between the union and the University.
X.6	Notices and resources
	Appropriate resources and facilities will be provided to union delegates to carry out union activities. Accessible office space with reasonable facilities for the union representatives.
X.7	Information to new staff
	At the conclusion of an induction session union officers shall have reasonable access to new employees who attend such sessions. The University will provide CPSU and NTEU membership forms to employees at induction sessions.
	Comments (Members only please)

Workloads Show...

X.1	The parties recognise that overwork is a health and safety issue. Therefore workloads will be manageable and without risk to health and safety.
X.2	The University will ordinarily ensure that no staff member is assigned a workload which cannot reasonably be undertaken within the staff member’s ordinary hours of work and provide a balance between the staff member’s goals and aspirations and the goals, needs and commitments of the work unit.
X.3	It is the responsibility of the supervisor to ensure that unreasonable expectations are not put on staff that result in working excessive hours and it is the responsibility of employees to ensure they are not working excessive hours.
X.4	The allocation of work will be through a consultative and transparent process between supervisors and staff members and will ensure:
	i.	Manageable workloads within the ordinary hours of work for each staff member,
	ii.	Operational requirements are met,
	iii.	Cooperation to minimise the working of excess hours and contain the accrual of excessive flex time or TOIL,
	iv.	Accrued time-off and leave can be accessed without disruption to the operation of the University, and
	v.	Equity and adequate staffing in rostering arrangements.
X.5	A staff member may raise concerns in writing about the level of their workload with their supervisor in the first instance. This should be at, but limited to, their regular Performance Review and Development meeting with their supervisor. If the staff member’s workload concerns are appropriate then the staff member’s workload will be adjusted accordingly.
X.6	Where this does not resolve the staff member’s concerns, the staff member may refer the matters in writing to the Associate Dean or Director (and provide a copy to the supervisor). The Associate Dean or Director must consult with the supervisor and the Director of Human Resources before making a determination. If the Associate Dean or Director is the supervisor of the employee the matter will be referred to their next in-line Manager, who will consult with the supervisor and the Director Human Resources, and then make a determination. These determinations are subject to the dispute resolution procedures.
	Comments (Members only please)

AGREED ROLL OVER CLAUSES

The CPSU Bargaining Team and the University have agreed in principle to roll over the following clauses from the current Support Staff Agreement.

Your Bargaining Team has agreed, in principle, to roll over these clauses because they are in line with our claim to protect all current terms and conditions.

However the final say rests with members. We want YOUR feedback and will ask members to endorse these clauses at the next members meeting.

1. SUPERANNUATION Show...

2. INCREMENTAL PROGRESSION Show...

3. FLEXIBLE SALARY PACKAGING Show...

4. PUBLIC HOLIDAYS Show...

5. ANNUAL LEAVE Show...

Principles

Staff are encouraged to take annual leave to promote health and well-being. As far as practicable, security staff will take annual leave outside of teaching and examination periods. A staff member and her/his supervisor will discuss the staff member’s annual leave plans in the context of their annual workplan. A staff member may take leave as it accrues subject to their supervisor’s approval of the start and completion dates of that leave. A supervisor must normally approve annual leave prior to the staff member taking leave.

Eligibility and entitlement

All continuing and fixed-term staff are entitled to paid annual leave. Full-time staff are entitled to 20 working days per annum, accrued pro-rata on the basis of service. Service excludes periods of leave without pay.

A shift worker who works 26 or more ordinary shifts on Sunday and/or public holidays between 1 December one year and 30 November the next year will be entitled to an additional five days annual leave at their ordinary rate of pay.

A staff member may accumulate up to 40 days annual leave (pro-rata in the case of part-time staff). A staff member who has accumulated more than 40 days annual leave will be given notice of at least six months by his/her supervisor to take annual leave within twelve months of the date of the notice.. The supervisor’s direction will specify the commencement and termination dates of such leave which will reduce the staff member’s accumulated leave to less than 40 days on the staff member’s return to work. The staff member will be provided with the opportunity to propose alternative dates for the leave, provided that the total period of leave is no less that the period of the directed leave. The supervisor and staff member may agree to alternative dates for the leave, subject to operational requirements.

Where, in accordance with sub-clause 0, a supervisor directs or approves a staff member to take a period of annual leave, the staff member will be regarded as being on leave for the period specified or approved by the supervisor and the staff member’s leave credits will be reduced accordingly.

Comments (Members only please)

6. CHRISTMAS - NEW YEAR LEAVE Show...

7. LEAVE WITHOUT PAY Show...

8. ABSENCE FROM DUTY Show...

9. ORDINARY HOURS OF DUTY Show...

Work cycle

Full-time support staff will work 140 hours over a four-week cycle. The normal pattern of attendance is expected to be five seven-hour days per week, except where alternative hours arrangements are negotiated under this Clause. Except where expressly provided for under sub-clause 0, below, the maximum number of hours of work a week of a day staff member or shift staff member, paid at the ordinary rate of pay, is 35 hours. Except where expressly provided for at sub-clause 0, below, the maximum number of hours that may be worked each day before overtime applies is seven hours.

Part-time and casual staff will work the hours specified in their contract of employment over a fourweek cycle (or the contracted period in the case of casual staff).

Staff may be engaged as either day staff members or shift staff members.

Span of hours and working days

Day staff

Day staff perform their weekly hours of work paid at the ordinary rate of pay, within the span 7:00am to 7:00pm Monday to Friday excluding Public Holidays. All staff except those identified as shiftworkers in sub-clause 35.1 are categorised as day staff.

The supervisor will determine the actual hours to be worked by a staff member within the relevant span of hours specified in sub-clause 0 in accordance with the provisions of this Clause.

Established pattern of hours

’The established pattern of hours‘ is the pattern of hours within the span of hours worked by a staff member consistent with the custom and practice of the work unit. Where a supervisor proposes to temporarily or permanently change the established pattern of hours of a staff member within the span of hours set out in this agreement, the supervisor will give the staff member one month’s notice (or less if mutually agreed between the staff member and the supervisor) of the proposed change.

In an emergency situation supervisors will endeavor to give a minimum of 48 hours notice (or less if mutually agreed between the staff member and the supervisor) for a proposed temporary hours change.

Where a supervisor is satisfied that there is good and sufficient reasons as to why a staff member cannot work the changed hours then the staff member shall not be required to work the changed hours. Such good and sufficient reasons may include (but are not limited to) the personal, family and carer’s commitments of the staff member.

Alternative hours arrangements

Supervisors and staff members, including shift staff, may negotiate alternative working arrangements within the following parameters:

nine hours per day

45 hours per week

140 hours per four weeks.

Alternative hours arrangements must be worked within the ordinary span of hours for the staff member/s concerned.

Hours worked in excess of any of the limits in sub-clause 0 shall be treated as overtime. Alternative hours arrangements are not to be used as a mechanism for avoiding the payment of overtime.

Alternative working arrangements will take effect after they have been agreed in writing between the staff member and their supervisor, supported by the Dean or Director of the work unit and approved by the Director, Human Resources. A copy of the arrangements is to be kept on the staff member’s personal file.

Meal breaks and rest pauses

A staff member will not be required to work for more than five hours without taking an unpaid meal break of at least 30 minutes.

A staff member who works more than four hours in one day is entitled to a rest pause of ten minutes duration each day (excluding any unpaid meal break) to be taken at a time that is convenient to the work unit.

Part-time staff may vary average weekly hours over work cycle

Part-time staff may, by mutual agreement with their supervisor, work more or less than the average weekly hours, provided that, at the end of the four week cycle, the total hours worked equates to the appropriate fraction.

A part-time staff member’s fortnightly payment arrangements will not change as a result of a mutually agreed variation to average weekly hours as per sub-clause 0, and the staff member will continue to receive the normal fortnightly salary. Except that on termination any adjustment to hours / pay will be made.

Comments (Members only please)

10. OVERTIME Show...

All authorised time worked in the following circumstances shall be treated as overtime and shall be paid in accordance with sub-clauses 0 or 0 as appropriate.

Eligibility

The University can require staff to work reasonable overtime at overtime rates. Where possible, supervisors should give at least 48 hours notice that overtime is required.

Overtime will be payable to casual staff in respect of work performed on any day that is in excess of 20% of the ordinary weekly hours of an equivalent full-time staff member (ie seven hours). In respect of such hours, the staff member shall receive the greater of overtime rates or the casual loading.

Approval and claiming of overtime

Overtime or time off in lieu of overtime is not permitted without prior approval of the supervisor, unless otherwise determined by the supervisor. Overtime claims must be submitted at the end of the fourweek cycle in which the overtime was worked. Claims not made in accordance with this provision may be declined.

When overtime occurs

Subject to sub-clause 0, overtime occurs when a staff member (whether full-time, part-time or casual) is required to work:

			(a)	outside of the ordinary span of hours, as defined in sub-clause 0 or 0; or
			(b)	more than the daily or weekly hours specified in any alternative working arrangement made under sub-clause 0; or
			(c)	more than seven hours in any day (except where worked as an alternative working arrangement); or
			(d)	more than 35 hours in any week (except where worked as an alternative working arrangement); or
			(e)	more than 140 hours in the four week cycle (or more than 35 hours per week in the case of casual staff appointed for less than four weeks).

Sub-clause 0(a) does not apply in the case of a rostered shift. Sub-clause 0(e) does not apply to excess hours worked as part of a flexitime scheme [refer to sub-clause 39].

Rates payable for overtime

All overtime worked on a Monday to Saturday will be paid at:

			(a)	150% of the staff member’s ordinary rate of pay for the first two consecutive hours, and
			(b)	200% of the ordinary rate of pay for the rest of the overtime where more than two hours overtime is worked on any one occasion.

All overtime worked on a Sunday will be paid at 200% of the ordinary rate of pay.

Whenever overtime is worked on a Saturday or Sunday, a minimum payment of three hours at the appropriate rate will be made, except where alternative arrangements are in place at the date of certification of this Agreement. However, the minimum payment will not apply when overtime is worked immediately before or after a rostered shift.

Time off in lieu of overtime

In lieu of payment, and subject to the agreement of the University, a staff member may take time off in lieu of overtime.

Time off in lieu of overtime will accrue at the rate equivalent to the amount of overtime that would otherwise have been paid.

Time off in lieu of overtime will normally be taken within one month of the overtime being worked but may otherwise be added to annual leave with the agreement of the faculty/division head.

Minimum break

A staff member is to be allowed at least ten consecutive hours off duty between work on successive days, without loss of pay for ordinary working time occurring during the break.

A staff member who is instructed to commence duty before having had the minimum break is entitled to be paid at double time until released from duty. Upon release from duty, the staff member is entitled to ten consecutive hours off duty without loss of pay for ordinary time occurring during the break.

Where a staff member is called back to work overtime and the period of work lasts less than three hours, the call back does not count for the purpose of determining whether ten consecutive hours off duty have elapsed.

Meal allowance during overtime

Staff who are required to work overtime consistent with the provisions of this Agreement on any day shall receive a meal allowance in accordance Schedule 4 of this Agreement. Meal allowances will be adjusted annually in line with the rates payable by the NSW Public Service. The adjusted meal allowance will be effective from the pay period commencing on or after 1 April.

Comments (Members only please)

11. PAYMENT FOR WORK ON PUBLIC HOLIDAYS Show...

12. ON-CALL Show...

To ensure that the University operates effectively at all times, staff may need to be 'on-call' outside normal working hours to perform duties relating to the maintenance of equipment and systems and the provision of critical services. Staff required to remain contactable and available to perform extra duty outside their normal hours of duty should receive compensation for such duty.

Staff will be paid an allowance for the time they are on-call. The times during which a staff member is expected to make themselves available to be on-call will normally be specified four weeks in advance by their supervisors, however, a shorter period of advanced notice may be agreed between the staff member and supervisor.

In the scheduling of on-call responsibilities for staff, individual circumstances, family commitments and required expertise and skills will be taken into consideration. Staff shall, where practicable, be periodically relieved from any requirement to be on-call.

The on-call allowance for all staff will be set at 2% of the hourly rate for Level 7 Step 5 as applies from time to time. The daily rates provided in Schedule 4 will apply.

The University will provide the staff member with a mobile telephone and other equipment required to fulfil their responsibilities during the period they are on-call unless other arrangements are agreed between the staff member and supervisor. If a mobile telephone is not provided, a staff member who is on-call will be reimbursed for all work related calls made from their personal telephone connections during the period they are on-call.

Prior to the commencement of any period of on-call, the supervisor will discuss arrangements for the staff member’s transport if called-back to duty. For travel between work and home when called back to duty, the staff member will be paid a mileage allowance and reimbursed for any toll and parking fees (if the staff member chooses to use his/her own car), or be provided with University taxi vouchers, or reimbursed for taxi fares.

Payment for work performed while on call will be in accordance with the table below:

Name of work performed while on-call	Description of work	Payment
'Remote call-out'	occurs when a staff member performs duties outside their ordinary hours and such duties are performed remotely without returning to the workplace.	150% of the staff member’s ordinary rate of pay for the time taken to set up equipment for use and actual time on duty, accumulated over a fortnight pay period. A one-hour minimum payment will normally apply.
'Call-back'	occurs when a staff member is required to return to the workplace outside their ordinary hours to perform duties.	200% of the staff member’s ordinary rate of pay for actual travel time to and from the workplace and time on duty. A three hour minimum payment will normally apply. Staff who live outside the Sydney metropolitan area will not be expected to return to duty on call-back more than once on a particular day.

Comments (Members only please)

13. EQUITY Show...

14. INTELLECTUAL FREEDOM Show...

15. PROVISION OF PERSONAL INFORMATION Show...

16. MANAGING UNSATISFACTORY PERFORMANCE Show...

Application
51.1	The procedures outlined in this Clause apply to all continuing and fixed-term staff employed by the University. This Clause does not apply to casual and probationary staff.
51.2	It is expected that supervisors will have provided regular feedback on performance as part of the performance review processes at UTS and will deal promptly and fairly with issues. Supervisors will provide guidance and counselling and, where appropriate, staff development, to address performance issues when these are first identified.
51.3	The procedures of this Clause must be followed before disciplinary action against a staff member for unsatisfactory performance may be taken. However, where a matter that may involve unsatisfactory performance has been dealt with in good faith as though it were a case of misconduct under Clause 0, the procedures of this Clause are not required, but the procedures of Clause 0 including notice periods and review procedures, must be followed. Nothing in this Clause prevents the relevant Dean, Director, Head of Division or the Vice-Chancellor from referring a question of possible unsatisfactory performance to a supervisor or Manager for appropriate action.
Definition
51.4	‘Disciplinary action’ means action by the University to discipline a staff member for unsatisfactory performance in accordance with the provisions of this Agreement and may include one or more of the following:
	(a)	formal censure
	(b)	formal counselling
	(c)	demotion by one or more classification levels or increments
	(d)	withholding of an increment
	(e)	suspension with pay
	(f)	termination of employment.
Procedures
51.5	Where a supervisor forms a view that the performance of a staff member is unsatisfactory, the supervisor will:
	(a)	inform the staff member that action is being, or may be, taken in accordance with this Clause
	(b)	counsel the staff member on the nature of the improvement required and the time within which reasonable improvement is expected, and
	(c)	make a record of the counselling given and provide a copy to the staff member.
51.6	A staff member may choose to be accompanied by a representative of the staff member’s choosing at any counselling or meeting convened in accordance with this Clause, provided that person is not a barrister or solicitor in private practice.
51.7	When performance issues are identified as part of the University’s performance review processes and the staff member has been advised in accordance with sub-clause 51.5(b), the procedures outlined in that process for dealing with performance issues may be deemed to satisfy the requirements of sub-clause 51.5.
51.8	Where a supervisor believes that the processes referred to in 51.5 have not produced the desired improvements in performance, the supervisor will make a report to the Dean or Director (as appropriate) and, at the same time, provide a copy to the staff member. The Dean or Director will review the report and any response provided by the staff member and may decide to:
	(a)	take no further action
	(b)	refer the matter back to the supervisor to ensure that the steps referred to in subclause 51.5 are complied with in substance and in a manner appropriate to the circumstances; or
	(c)	refer the report to the Deputy Vice-Chancellor. The report will state clearly the aspects of performance viewed as unsatisfactory and the record of attempts to remedy the problem/s.
51.9	The Dean or Director will provide the staff member with a copy of the report at the time it is referred to the Deputy Vice-Chancellor. The staff member may, within ten working days of receipt of the report by the Deputy Vice-Chancellor, submit to the Deputy Vice-Chancellor a written response to the report.
51.10	Upon receipt of the report and any written response from the staff member, the Deputy Vice-Chancellor will first be satisfied that:
	(a)	appropriate steps have been taken to bring the unsatisfactory nature of performance to the staff member's attention
	(b)	an adequate opportunity to respond was given
	(c)	any response was taken into account, and
	(d)	a reasonable opportunity has been afforded to remedy the performance problem.
51.11	Following consideration of the report and any written response from the staff member, the Deputy Vice-Chancellor may then:
	(a)	take no further action
	(b)	refer the matter back to the supervisor (via the Dean or Director) to ensure that the steps referred to in sub-clause 51.5 are complied with in substance and in a manner appropriate to the circumstances, or
	(c)	recommend to the Vice-Chancellor that disciplinary action be taken.
51.12	The Deputy Vice-Chancellor will advise the staff member in writing of his/her recommendation in relation to disciplinary action. Following receipt of the Deputy Vice-Chancellor’s written advice, the staff member has five working days to submit, in writing, a request for a review of the process leading to the Deputy Vice-Chancellor’s recommendation.
51.13	If the staff member does not request a review of the process leading to the Deputy Vice-Chancellor’s recommendation, the Deputy Vice-Chancellor will refer his/her recommendation to the Vice-Chancellor. The Vice-Chancellor will consider the recommendation and determine if any disciplinary action is to be taken. The Vice-Chancellor will advise the staff member, in writing, of her/his decision and the operative date of any disciplinary action to be taken.
Review
51.14	Where a staff member requests a review of the Deputy Vice-Chancellor’s recommendation in accordance with sub-clause 51.12, a Reviewer will be appointed within ten working days [refer to Clause53, Reviewers and Investigators]. .
51.15	The Reviewer will:
	(a)	conduct proceedings as expeditiously as possible consistent with the need for fairness;
	(b)	allow the Deputy Vice-Chancellor and staff member to be assisted, if they so choose, by an agent of his/her choice who is not a solicitor or barrister in private practice;
	(c)	give the staff member adequate opportunity to put his/her case that fair process was not observed up to the point of the recommendation by the Deputy Vice-Chancellor to advise the staff member that his/her performance is unsatisfactory;
	(d)	provide an opportunity for the staff member to be interviewed;
	(e)	conduct all interviews in the presence of the staff member and the Deputy Vice-Chancellor and, where applicable their representatives;
	(f)	ensure that the staff member and the Deputy Vice-Chancellor have the right to ask questions, to make submissions and to present and challenge evidence;
	(g)	interview any person the Reviewer thinks fit to establish the facts of the particular case;
	(h)	take into account other material the Reviewer believes appropriate to the case;
	(i)	keep a record of the interviews and proceedings;
	(j)	provide a report together with a record of proceedings to the Vice-Chancellor and the staff member within ten working days of completion of the proceedings; and
	(k)	conclude the proceedings within ten working days of the appointment of the Reviewer unless otherwise agreed between the Investigator, the Deputy Vice-Chancellor and the staff member.
51.16	If the Reviewer concludes that the procedures set out in sub-clause 51.5 to 51.10 were not properly followed the Vice-Chancellor will consider the Deputy Vice-Chancellor’s recommendation in light of the Reviewer’s report and may first take steps to remedy any perceived unfairness as may seem to the Vice-Chancellor reasonable.
51.17	The Vice-Chancellor will then decide if disciplinary action is to be taken. The Vice-Chancellor will advise the staff member in writing of her/his decision, and of the operative date of any disciplinary action to be taken. If the Vice-Chancellor decides there has been no unsatisfactory performance, she/he will immediately advise the staff member in writing, and may, by mutual agreement with the staff member, publish the advice in an appropriate manner.
51.18	If the Reviewer concludes that the procedures set out in sub-clauses 51.5 to 51.10 were followed properly, the Vice-Chancellor will consider Reviewer’s report and the Deputy Vice-Chancellor’s recommendation and decide if disciplinary action is to be taken. The Vice-Chancellor will advise the staff member in writing of her/his decision, and of the operative date of any disciplinary action to be taken.
51.19	The action of the Vice-Chancellor under this Clause will be final. However, this Clause does not exclude the jurisdiction of any external tribunal that would be competent to deal with the matter.
	Comments (Members only please)

17. DISCIPLINARY ACTION FOR MISCONDUCT Show...

Application
52.1	The procedures outlined in this Clause apply to all staff (other than casual staff) employed by the University.
Definition
52.2	‘Misconduct’ means:
	(a)	serious misbehaviour of a kind which constitutes a serious impediment to the carrying out of a staff member’s duties or to a staff member’s colleagues carrying out their duties; or
	(b)	conviction by a Court of competent jurisdiction of an offence of a kind that may be reasonably regarded as constituting a serious impediment to the discharge by the staff member of his or her functions or duties, or to the staff member’s colleagues carrying out their functions or duties; and/or
	(c)	serious dereliction of duties.
52.3	‘Disciplinary action’ means any action by the University to discipline a staff member for misconduct and may include one or more of the following:
	(a)	formal censure
	(b)	formal counselling
	(c)	demotion by one or more classification levels or increments
	(d)	withholding of an increment
	(e)	suspension with pay
	(f)	termination of employment.
Procedures
52.4	The Vice-Chancellor must follow the procedures of this Clause before taking disciplinary action against a staff member for misconduct. However, where a matter that may involve misconduct has been dealt with in good faith as if it were a case of unsatisfactory performance under Clause 0, the procedures of this Clause are not required, but the procedures of Clause 0, including notice periods and review procedures, must be followed.
52.5	The Vice-Chancellor will consider any allegation/s of misconduct. If the Vice-Chancellor believes the allegation/s warrant further investigation then the Vice-Chancellor will:
	(a)	notify the staff member in writing and in sufficient detail to enable the staff member to understand the precise nature of the allegation/s, and to properly consider and respond to them, and
	(b)	require the staff member to submit a written response within ten working days.
52.6	If the staff member denies in part or full the allegation/s, or fails to submit a written response to any allegations, the Vice-Chancellor will:
	(a)	arrange for the matter to be investigated; or
	(b)	counsel and/or censure the staff member for unsatisfactory behaviour and take no other action; or
	(c)	take no further action.
52.7	If the staff member admits in full the allegation/s, and the Vice-Chancellor is of the view that the conduct amounts to misconduct, then the Vice-Chancellor may take disciplinary action, subject to following the procedure described in sub-clause 52.8.
52.8	Before deciding to take disciplinary action, the Vice-Chancellor will:
	(a)	invite the staff member to advise within five working days, in writing, any matters that he or she may wish the Vice-Chancellor to take into account at the time a decision as to disciplinary action is considered
	(b)	have regard to any such matters brought to attention by the staff member when deciding whether any disciplinary action should be taken, and
	(c)	advise the staff member of that decision and of the operative date of any disciplinary action to be taken.
52.9	Where the Vice-Chancellor is of the view that there has been no misconduct and decides to take no further action under sub-clause 52.6, the Vice-Chancellor will immediately advise the staff member in writing and may, by agreement with the staff member, publish the advice in an appropriate manner.
Investigation of misconduct
52.10	Where a matter is referred for investigation in accordance with sub-clause 52.6(a), an Investigator will be appointed within ten working days [refer to Clause 53, Reviewers and Investigators].
52.11	The Investigator will investigate the facts relating to the alleged misconduct, including whether any mitigating circumstances are evident.
52.12	The Investigator will:
	(a)	conduct proceedings as expeditiously as possible consistent with the need for fairness
	(b)	provide an opportunity for the staff member and the Vice-Chancellor, should they so choose, to be assisted in the proceedings (but not by a person who is a solicitor or barrister in private practice)
	(c)	provide an opportunity for the staff member to be interviewed by the Investigator and ensure that he/she has adequate opportunity to answer any allegations of misconduct and put his/her case
	(d)	conduct all interviews in the presence of the staff member and the Vice-Chancellor and, where applicable their representatives
	(e)	ensure that the staff member and the Vice-Chancellor have the right to ask questions, to make submissions and to present and challenge evidence
	(f)	interview any person the Investigator thinks fit to establish the facts of the particular case and take into account any material the Investigator believes appropriate to the case
	(g)	keep a record of proceedings and
	(h)	provide a report together with a record of proceedings to the Vice-Chancellor and the staff member within ten working days of completion of the proceedings
	(i)	conclude the investigation within ten working days of the appointment of the investigator unless otherwise agreed between the Investigator, the Vice-Chancellor and the staff member.
52.13	On receipt of the report of the Investigator, and having considered the findings on the facts related to the alleged misconduct, including any findings as to whether any mitigating circumstances are evident, the Vice-Chancellor may take disciplinary action.
52.14	If, having considered the investigator’s findings on the facts, the Vice-Chancellor is of the view that there has been no misconduct the Vice-Chancellor will immediately advise the staff member in writing. The Vice-Chancellor may, by agreement with the staff member, publish the advice in an appropriate manner.
Suspension
52.15	The Vice-Chancellor may suspend a staff member with pay if the Vice-Chancellor is of the view that it would be unreasonable to continue the staff member’s attendance at work pending further investigation.
52.16	During any period of suspension the staff member may be excluded from the University, however, he/she will be permitted reasonable access to the University for the preparation of his/her case and to collect personal property.
Other matters
52.17	This Clause in no way constrains the University from carrying out other or further investigations relating to the consequences of conduct of a staff member or former staff member when required in the public interest, eg inquiring into the truth of research results.
52.18	The action of the Vice-Chancellor under this Clause will be final. However, this Clause does not exclude the jurisdiction of any external tribunal that would be competent to deal with the matter.
	Comments (Members only please)

18. SEPARATION FROM EMPLOYMENT ON MEDICAL GROUNDS Show...

Application
54.1	The procedures outlined in this Clause apply to all staff covered by this Agreement, excluding casuals. Nothing in this Clause is intended to preclude a staff member from initiating separation from employment on medical grounds or from applying to their superannuation fund for ill-health retirement or temporary disability benefit.
Procedures
54.2	If the Vice-Chancellor believes there is doubt regarding a staff member’s capacity to perform the duties of their office, the Vice-Chancellor may require the staff member to undergo a medical examination. The University will choose a medical practitioner to conduct the medical examination at the expense of the University. The Vice-Chancellor will provide a staff member with written notice of not less than two months, except in exceptional circumstances, that a medical examination is required.
54.3	If, within the notice period referred to in sub-clause 54.2, the staff member elects to apply to their superannuation fund for ill-health retirement or temporary disability benefit and provides the Vice-Chancellor with evidence of the application and co-operates with the superannuation fund in the processing of the application, the requirement for a medical examination will lapse. In this case, subject to the provisions of this Clause, the Vice-Chancellor will take no further action until such time as the superannuation fund has reached a decision on the application.
54.4	Where the superannuation fund decides that the staff member, following a period of receipt of a temporary disability benefit, is capable of resuming work and the Vice-Chancellor elects to dispute this decision, the Vice-Chancellor may proceed to provide the staff member with written notice of not less than two months, except in exceptional circumstances, that a medical examination is required.
Medical report
54.5	Where a medical examination is conducted in accordance with this Clause, the practitioner conducting the examination will be asked to advise whether the staff member is unable to perform his or her duties and is unlikely to be able to resume those duties within a reasonable time, being not less than twelve months. A copy of the medical practitioner’s report will be made available to the Vice-Chancellor. The Vice-Chancellor will supply a copy of the report to the staff member, together with written advice that an application to refer the report to a panel of medical practitioners for confirmation may be made within 14 days of the medical report being supplied to the staff member.
54.6	Notwithstanding the provisions of sub-clause 54.5, where a staff member has been continually absent from employment on account of a medical condition which has been the subject of examination under sub-clause 54.5, and the absence has been for a period of not less than two years, the University may terminate the staff member’s employment under the provisions of sub-clauses 54.11 and 54.12.
54.7	A staff member (or person acting on their behalf) may request that the findings of the medical examination referred to in sub-clause 54.5 be confirmed by a panel of medical practitioners in accordance with sub-clause 54.9 below. The Vice-Chancellor must receive such a request within 14 days of the medical report being supplied to the staff member.
54.8	If such a request is received, the Vice-Chancellor will not terminate the employment of the staff member unless and until the panel confirms the findings of the report.
54.9	Where a request pursuant to sub-clause 54.7 is received, the required panel will consist of three medical practitioners, as follows:
	(a)	one medical practitioner appointed by the University
	(b)	one medical practitioner appointed by the staff member or a person acting on his/her behalf; and
	(c)	one medical practitioner appointed by the President of the New South Wales Branch of the Australian Medical Association.
	This panel will not include the practitioner who made the initial report. Every effort will be made to appoint a panel no later than seven days from the staff member's request being received by the Vice-Chancellor.
54.10	In making an assessment as to whether or not a staff member is unable to perform his/her duties and is unlikely to be able to resume them within twelve months, the medical practitioner or panel of practitioners, as far as possible, will apply the same standards of permanent incapacity as contained in the trust deeds of the staff member's superannuation scheme, if any, in determining qualification of a disablement pension or other similar benefit.
Separation from employment
54.11	If the medical examination reveals that the staff member is unable to perform his or her duties and is unlikely to be able to resume them within twelve months, and a request pursuant to sub-clause 54.7 has not been received, the Vice-Chancellor may terminate the staff member’s employment. In this case, the University will provide six months notice or pay in lieu thereof.
54.12	The University may, at its option, pay compensation in lieu of notice equal to the total amounts that the University would have been liable to pay to the staff member if the staff member’s employment had continued until the end of the required period of notice. Prior to taking action to terminate the employment of a staff member, the Vice-Chancellor may offer the staff member the opportunity to submit a resignation. If a resignation is offered, the Vice-Chancellor will accept it immediately and will not proceed with action to terminate employment.
54.13	The Vice-Chancellor may construe a failure by a staff member to undergo a medical examination as prima facie evidence that a medical examination would have found the staff member unable to perform their duties and unlikely to be able to resume them within twelve months. In this case, the Vice-Chancellor may act in accordance with sub-clause 54.11. However, such a failure by a staff member in these circumstances will not constitute misconduct nor lead to any greater penalty or loss of entitlements than would have resulted from an adverse medical report.
54.14	These provisions will not displace or override any existing workers' compensation schemes or awards whether State or Federal, including WorkCover, or the provisions contained in any workers' compensation or relevant discrimination legislation that may be enacted.
54.15	Medical records shall be provided to the Director, Human Resources for appropriate confidential filing.
	Comments (Members only please)

19. TERMINATION OF EMPLOYMENT Show...

20. CLASSIFICATION DESCRIPTORS Show...

CLASSIFICATION DIMENSIONS

The descriptors use seven dimensions to describe the work at each level of the 10 level structure.

Dimension definition

Training level or qualification
The type and duration of training which the duties of the classification level typically require for effective performance. Training is the process of acquiring skills and acknowledge through formal education, on the job instruction or exposure to procedures.

Task level
The type, complexity and responsibility of tasks typically performed by staff within each proposed classification level.

Judgement, independence and problem solving
Judgement is the ability to make sound decisions, recognising the consequences of decisions taken or action performed. Independence is the extent to which a position holder is able (or allowed) to work effectively without supervision or direction. Problem solving is the process of defining or selecting the appropriate course of action where alternative courses of action are available. This dimension looks at how much of each of these three qualities applies at each classification level.

Level of supervision
This dimension covers both the way in which staff are supervised or managed and the role of staff in supervising or managing others.

Organisational knowledge
The level of knowledge and awareness of the organisation, its structure and functions that would be expected of staff at each proposed classification level, and the purposes to which that organisational knowledge may be put.

Typical activities
Examples of activities typically undertaken by staff in different occupations at each of the classification levels.

Occupational equivalent
Occupations typically falling within each classification level.

TRAINING LEVEL OR QUALIFICATION

Within the Australian Qualifications Framework,

Year 12 Completion of a Senior Secondary Certificate of Education, usually in Year 12 of secondary school

Trades Certificate Completion of an apprenticeship, normally of 4 years duration, or equivalent recognition eg Certificate III

Post-trade Certificate A course of study over and above a Trade Certificate and less than a Certificate IV

Certificates I and II Courses that recognize basic vocational skills and knowledge, without a Year 12 prerequisite

Certificate III A course that provides a range of well-developed skills and is comparable to a trade certificate

Certificate IV A course that provides greater breadth and depth of skill and knowledge and is comparable to a two year part-time post-Year 12 or post-trade certificate course

Diploma A course at a higher education or vocational educational and training institution, typically equivalent to two years full-time post-Year 12 study

Advanced diploma A course at a higher education or vocational educational and training institution, typically equivalent to three years full-time post-Year 12 study

Degree A recognised degree from a higher education institution, often completed in 3 or 4 years, and sometimes combines with a one year diploma

Postgraduate Degree A recognised postgraduate degree, over and above a degree as defined above.

Note: Previously recognised qualifications obtained prior to the implementation of the Australian Qualifications Framework continue to be recognised. The above definitions also include equivalent recognised overseas qualifications.

TRAINING LEVEL OR QUALIFICATIONS

Level descriptor

1.	Staff at the base of this level would not be required to have formal qualifications or work experience upon engagement. Staff engaged at the base of this level will be provided with structured on the job training in addition to up to 38 hours of induction to the higher education industry which shall provide information on the higher education institution, conditions of employment, training to be made available and consequent career path opportunities, physical layout of the institution/work areas, introduction to fellow workers and supervisors, work and documentation procedures, occupational health and safety, equal opportunity practices and extended basic literacy and numeracy skills training where required/necessary to enable career path progression.
2.	Perform duties at a skill level which assumes and requires knowledge, training or experience relevant to the duties performed, or
	•	completion of Year 12 without work experience, or
	•	completion of Certificates I or II with related work experience, or
	•	an equivalent combination or experience and training.
3.	Perform duties at a skill level which assumes and requires knowledge or training in clerical/administrative, trades or technical functions equivalent to:
	•	completion of a Trades Certificate;
	•	completion of Year 12 or a Certificate II, with relevant work experience; or
	•	equivalent relevant experience or combination of relevant experience and/or education/training.
	Persons advancing through this level may typically perform duties which require further on the job training or knowledge and training equivalent to progress toward completion of an Certificate IV or Diploma.
4.	Perform duties at a skill level which assumes and requires knowledge or training equivalent to:
	•	completion of a Diploma level qualification with relevant work related experience, or
	•	completion of a Certificate IV with relevant work experience, or
	•	completion of a Post-Trades Certificate and extensive relevant experience and on the job training; or
	•	completion of a Certificate III with extensive relevant work experience, or
	•	an equivalent combination of relevant experience and/or education/training.
5.	Perform duties at a skill level which assumes and requires knowledge or training equivalent to:
	•	completion of a Degree without subsequent relevant work experience; or
	•	completion of an advanced diploma qualification and at least one years subsequent relevant work experience, or
	•	completion of a Diploma qualification and at least 2 years subsequent relevant work experience; or
	•	completion of a Certificate IV and extensive relevant work experience, or
	•	completion of a post-trades certificate and extensive (typically more than 2 years) relevant experience as a technician, or
	•	an equivalent combination of relevant experience and/or education/training.
6.	Perform duties at a skill level which assumes and requires knowledge or training equivalent to:
	•	a Degree with subsequent relevant experience; or
	•	extensive experience and specialist experience or broad knowledge in technical or administrative fields; or
	•	an equivalent combination of relevant experience and/or education/training.
7.	Perform duties at a skill level which assumes and requires knowledge or training equivalent to:
	•	a Degree with at least 4 years subsequent relevant experience; or
	•	extensive experience and management expertise in technical or administrative fields; or
	•	an equivalent combination of relevant experience and/or education/training.
8.	Perform duties at a skill level which assumes and requires knowledge or training equivalent to:
	•	Postgraduate qualification and extensive relevant experience; or
	•	extensive experience and management expertise; or
	•	an equivalent combination or relevant experience and/or education/training.
9.	Perform duties at a skill level which assumes and requires knowledge or training equivalent to:
	•	Postgraduate qualification and extensive experience; or
	•	extensive management experience and proven management expertise; or
	•	an equivalent combination or relevant experience and/or education/training.
10.	Perform duties at a skill level which assumes and requires knowledge or training equivalent to:
	•	proven expertise in the management of significant human and material resources; in addition to, in some areas
	•	Postgraduate qualification and extensive relevant experience.

TASK LEVEL

1.	Straightforward manual duties, or elements of Level 2 duties under close supervision and structured on the job training. Some knowledge of materials, eg. cleaning chemicals and hand tools, may be required. Established procedures exist.
2.	Perform a range of straightforward tasks where procedures are clearly established. May on occasion perform more complex tasks.
3.	Some complexity. Apply body of knowledge equivalent to Trade Certificate or Certificate III, including diagnostic skills and assessment of the best approach to a given task.
4.	May undertake limited creative, planning or design functions; apply skills to a varied range of different tasks.
5.	Apply body of broad technical knowledge and experience at a more advanced level than Level 4, including the development of areas of specialist expertise. In professional positions, apply theoretical knowledge, at a Degree level, in a straightforward way. In administrative positions, provide interpretations, advice and decisions on rules and entitlements.
6.	Perform work assignments guided by policy, precedent, professional standards and managerial or technical expertise. Staff would have the latitude to develop or redefine procedure and interpret policy so long as other work areas are not affected. In technical and administrative areas, have a depth or breadth of expertise developed through extensive relevant experience and application.
7.	Independently relate existing policy to work assignments or rethink the way a specific body of knowledge is applied in order to solve problems. In professional or technical positions, may be a recognised authority in a specialised area.
8.	Work at this level is likely to require the development of new ways of using a specific body of knowledge which applies to work assignments, or may involve the integration or other specific bodies of knowledge.
9.	Demonstrated capacity to conceptualise, develop and review major professional, management or administrative policies at the corporate level. Significant high level creative, planning and management functions. Responsibility for significant resources.
10.	Complex, significant and high level creative planning, program and managerial functions with clear accountability for program performance. Comprehensive knowledge or related programs. Generate and use a high level of theoretical and applied knowledge.

JUDGEMENT, INDEPENDENCE AND PROBLEM SOLVING

1.	Resolve problems where alternatives for the job holder are limited and the required action is clear or can be readily referred to higher levels.
2.	Solve relatively simple problems with reference to established techniques and practices. Will sometimes choose between a range of straightforward alternatives. A staff member at this level will be expected to perform a combination of various routine tasks where the daily work routine will allow the latitude to rearrange some work sequences, provided the prearranged work priorities are achieved.
3.	Exercise judgement on work methods and task sequence within specified time lines and standard practices and procedures.
4.	In trades positions, extensive diagnostic skills. In technical positions, apply theoretical knowledge and techniques to a range of procedures and tasks. In administrative positions, provide factual advice which requires proficiency in the work area’s rules and regulations, procedures requiring expertise in a specialist area or broad knowledge of a range of personnel and functions.
5.	In professional positions, solve, problems through the standard application of theoretical principles and techniques at degree level. In technical positions, apply standard technical training and experience to solve problems. In administrative positions, may apply expertise in a particular set of rules or regulations to make decisions, or be responsible for coordinating a team to provide an administrative service.
6.	Discretion to innovate within own function and take responsibility for outcomes; design, develop and test complex equipment, systems and procedures; undertake planning involving resources use and develop proposals for resource allocation; exercise high level diagnostic skills on sophisticated equipment or systems; analyse and report on data and experiments.
7.	Independently relate existing policy to work assignments, rethink the way a specific body of knowledge is applied in order to solve problems, adapt procedures to fit policy prescriptions or use theoretical principles in modifying and adapting techniques. This may also involve stand alone work or the supervision of others in order to achieve objectives. It may also involve the interpretation of policy which has an impact beyond the immediate work area.
8.	Responsible for program development and implementation. Provide strategic support and advice (eg. to schools or faculties) requiring integration of a range of university policies and external requirements, and an ability to achieve objectives operating within complex organisational structures.
9.	Responsible for significant program development and implementation. Provide strategic support and advice (eg. to schools or faculties or at the corporate level) requiring integration of a range of internal and external policies and demands , and an ability to achieve broad objectives while operating within complex organisational structures.
10.	Be fully responsible for the achievement of significant organisational objectives and programs.

LEVEL OF SUPERVISION

Definitions

Close Supervision. Clear and detailed instructions are provided. Tasks are covered by standard procedures. Deviation from procedures on unfamiliar situations are referred to higher levels. Work is regularly checked.

Routine Supervision. Directions provided on the tasks to be undertaken with some latitude to rearrange sequences and discriminate between established methods. Guidance on the approach to standard circumstances is provided in procedures, guidance on the approach to non standard circumstances is provided by a supervisor. Checking is selective rather than constant.

General Direction. Direction is provided on the assignments to be undertaken, with the occupant determining the appropriate use of established methods, tasks and sequences. There is some scope to determine an approach in the absence of established procedures or detailed instruction, but guidance is readily available. Performance is checked by assignment completion.

Broad Direction. Direction is provided in terms of objectives which may require the planning of staff, time and material resources for their completion. Limited detailed guidance will be available and the development or modification of procedures by the staff member may be required. Performance will be measured against objectives.

LEVEL OF SUPERVISION

Level descriptor

1.	Close supervision or, in the case of more experienced staff working alone, routine supervision.
2.	Routine supervision of straightforward tasks; close supervision of more complex tasks.
3.	In technical positions, routine supervision, moving to general direction with experience. In other positions, general direction. This is the first level where supervision of other staff may be required.
4.	In technical positions, routine supervision to general direction depending upon experience and the complexity of the tasks. In other positions, general direction. May supervise or coordinate others to achieve objective, including liaison with staff at higher levels. May undertake stand alone work.
5.	In professional positions, routine supervision to general direction, depending on tasks involved and experience. In other positions, general direction and may supervise other staff.
6.	In professional positions, general direction; in other positions, broad direction. May have extensive supervisory and line management responsibility for technical, clerical, administrative and other non-professional staff.
7.	Broad direction. May manage other staff including administrative, technical and/or professional staff.
8.	Broad direction, working with a degree of autonomy. May have management responsibility for a functional area and/or manage other staff including administrative, technical and/or professional staff.
9.	Broad direction, working with a considerable degree of autonomy. Will have management responsibility for a major functional area and/or manage other staff including administrative, technical and/or professional staff.
10.	Broad direction, operating with a high overall degree of autonomy. Will have substantial management responsibility for diverse activities and/or staff (including administrative, technical and/or professional staff).

ORGANISATIONAL KNOWLEDGE

1.	May provide straightforward information to others on building or service locations.
2.	Following training, may provide general information/advice and assistance to members of the public, students and other staff which is based on a broad knowledge of the staff member's work area/responsibility including knowledge of the functions carried out and the location and availability of particular personnel and services.
3.	Perform tasks/assignments which require knowledge of the work area processes and an understanding of how they interact with other related areas and processes.
4.	Perform tasks/assignments which require proficiency in the work area's rules, regulations, processes and techniques and how they interact with other related functions.
5.	Perform tasks/assignments which require proficiency in the work area's rules, regulations, policies, procedures, systems, processes and techniques and how they interact with other related functions.
6.	Perform tasks/assignments which require proficiency in the work area's existing rules, regulations, policies, procedures, systems, processes and techniques and how they interact with other related functions, and to adapt those procedures and techniques as required to achieve objectives without impacting on other areas.
7.	Detailed knowledge of academic and administrative policies and the interrelationships between a range of policies and activities.
8.	The employee would be expected to make policy recommendations to others and to implement programs involving major change which may impact on other areas of the institution's operations.
9.	Conceptualise, develop and review major policies, objectives and strategies involving high level liaison with internal and external client areas. Responsible for programs involving major change which may impact on other areas of the institution’s operations.
10.	Bring a multi perspective understanding to the development, carriage, marketing and implementation of new policies; devise new ways of adapting the organisation's strategies to new, including externally generated demands.

TYPICAL ACTIVITIES

1.	Perform a range of industrial cleaning tasks, move furniture, assist trades personnel with manual duties.
2.	Administrative positions at this level may include duties involving the inward and outward movement of mail, keeping, copying, maintaining and retrieving records, straightforward data entry and retrieval. Security Officers may be involved in a range of patrol duties, including responding to alarms following emergency procedures and preparing incident reports.
3.	In trades positions, apply the skills taught in a Trade Certificate or Certificate III, including performance of a range of construction, maintenance and repair tasks using precision hand and power tools and equipment. In some cases this will involve familiarity with the work of other trades or require further training. In technical assistant positions:
	•	assist a technical officer in operating a laboratory, including ordering supplies.
	•	assist in setting up routine experiments
	•	monitor experiments for report to a technical officer
	•	assist with the preparation of specimens
	•	assist with the feeding and care of animals.
	Staff would be expected to perform a grater range and complexity of tasks as they progressed through the level and obtained further training. In administrative positions, perform a range of administrative support tasks including:
	•	standard use of a range of desk-top based programs eg. word processing, established spreadsheet or database applications, and management information systems (eg. Financial, student or human resource systems). This may include store and retrieve documents, key and lay out correspondence and reports, merge, move and copy, use of columns, tables and basic graphics
	•	provide general administrative support to other staff including setting up meetings, answering straight forward inquiries and directing others to appropriate personnel
	•	process accounts for payment.
4.	In trades positions:
	•	work on complex engineering or interconnected electrical circuits
	•	exercise high precision trades skill using various materials and/or specialised techniques.
	In technical positions:
	•	develop new equipment to criteria developed and specified by others
	•	under routine direction, assist in the conduct of major experiments and research programs and/or in setting up complex or unusual equipment for a range of experiments and demonstrations
	•	demonstrate the use of equipment and prepare reports of a technical nature as directed.
	In library technician positions:
	•	undertake copy cataloguing
	•	use a range of bibliographic databases
	•	undertake acquisitions
	•	respond to reference inquires.
	In administrative positions:
	•	may use a full range of desktop based programs, including word processing packages, mathematical formulae and symbols, manipulation of text and layout in desktop publishing and/or web software, and management information systems* plan and set up spreadsheets or data base applications
	•	be responsible for providing a full range of secretarial services, eg in a faculty
	•	provide advice to students on enrolment procedures and requirements
	•	administer enrolment and course progression records.
5.	In technical positions:
	•	develop new equipment to general specifications
	•	under general direction, assist in the conduct of major experiments and research programs and/or in setting up complex or unusual equipment for a range of experiments and demonstrations
	•	under broad direction, set up, monitor and demonstrate standard experiments and equipment use
	•	prepare reports of a technical nature.
	In library technician positions:
	•	perform at a higher level than Level 4 including:
	•	assist with reader education programs and more complex bibliographic and acquisition services
	•	*operate a discrete unit within a library which may involve significant supervision or be the senior staff member in an out-posted service.
	In administrative positions:
	•	responsible for the explanation and administration of an administrative function eg. HECS advice, records, determinations and payment, centralised enrolment function, the organisation and administration of exams at a small campus.
	In professional positions and under professional supervision:
	•	work as part of a research team in a support role
	•	provide a range of library services including bibliographic assistance, original cataloguing and reader education in library and reference services
	•	provide counselling services.
6.	In technical positions:
	•	manage a teaching or research laboratory or a field station
	•	provide highly specialised technical services
	•	set up complex experiments
	•	design and construct complex or unusual equipment to general specifications
	•	assist honours and postgraduate students with their laboratory requirements
	•	install, repair, provide and demonstrate computer services in laboratories.
	In administrative positions:
	•	provide financial, policy and planning advice
	•	service a range of administrative and academic committees, including preparation of agendas, papers, minutes and correspondence
	•	monitor expenditure against budget in a school or small faculty.
	In professional positions:
	•	work as part of a research team
	•	provide a range of library services, including bibliographic assistance, original cataloguing and reader education in library and reference services,
	•	provide counselling services
	•	undertake a range of computer programming tasks
	•	provide documentation and assistance to computer users
	•	analyse less complex user and system requirements.
7.	In a library, combine specialist expertise and responsibility for managing library function: In student services, the training and supervision of other professional staff combined with policy development responsibilities which may include research and publication In technical manager positions, the management of teaching and research facilities for a department of school In research positions, acknowledged expertise in a specialised area or a combination of technicalmanagement and specialised research In administrative positions, provide less senior administrative support to relatively small and less complex faculties or equivalent.
8.	Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources; manage a function or development and implementations of a policy requiring a high degree of knowledge and sensitivity; management of a small and specialised unit where significant innovations, initiative and/or judgement are required; provide senior administrative support to schools and faculties of medium complexity, taking into account the size, budget, course structure, external activities and management practices within the faculty or equivalent unit.
9.	Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources; manage a function or development and implementation or a policy requiring a high degree of knowledge and sensitivity and the integration of internal and external requirements; manage a small and specialised unit where significant innovations, initiative and/or judgment are required; provide senior administrative support to the more complex schools and faculties, taking into account the size, budget, course structure, external activities and management practices within the faculty or equivalent unit.
10.	Manage a large functional unit with a diverse or complex set of functions and significant resources; manage a more complex function or unit where significant innovations, initiative and/or judgement are required; provide senior administrative support to the most complex schools and faculties in large institutions, involving complex course structures, significant staff and financial resources, outside activities and extensive devolution of administrative, policy and financial management responsibilities to this position.

OCCUPATIONAL EQUIVALENT

1.	Cleaner, labourer, trainee for Level 2 duties.
2.	Administrative assistant, security patrol officer.
3.	Tradesperson, technical assistant/technical trainee, administrative assistant.
4.	Technical officer or technician, administrative above Level 3, advanced tradesperson.
5.	Graduate (i.e. degree) or professional, without subsequent work experience on entry (including inexperienced computer systems officer); administrator with responsibility for advice and determinations; experienced technical officer.
6.	Graduate or professional with subsequent relevant work experience (including a computer systems officer with some experience); line manager; experienced technical specialist and/or technical supervisor.
7.	Senior librarian, technical manager, senior research assistant, professional or scientific officer, senior administrator in a small less complex faculty.
8.	Manager (including administrative, research, professional or scientific), senior school or faculty administrator, researcher.
9.	Manager (including administrative, research, professional or scientific), senior school or faculty administrator, senior researcher.
10.	Senior program, research or administrative manager.

Comments (Members only please)

Application
52.1 The procedures outlined in this Clause apply to all staff (other than casual staff) employed by
the University.
Definition
52.2 ‘Misconduct’ means:
(a) serious misbehaviour of a kind which constitutes a serious impediment to the
carrying out of a staff member’s duties or to a staff member’s colleagues carrying out
their duties; or
(b) conviction by a Court of competent jurisdiction of an offence of a kind that may be
reasonably regarded as constituting a serious impediment to the discharge by the
staff member of his or her functions or duties, or to the staff member’s colleagues
carrying out their functions or duties; and/or
(c) serious dereliction of duties.
52.3 ‘Disciplinary action’ means any action by the University to discipline a staff member for
misconduct and may include one or more of the following:
(a) formal censure
(b) formal counselling
(c) demotion by one or more classification levels or increments
(d) withholding of an increment
(e) suspension with pay
(f) termination of employment.
Procedures
52.4 The Vice-Chancellor must follow the procedures of this Clause before taking disciplinary
action against a staff member for misconduct. However, where a matter that may involve
misconduct has been dealt with in good faith as if it were a case of unsatisfactory
performance under Clause 0, the procedures of this Clause are not required, but the
procedures of Clause 0, including notice periods and review procedures, must be followed.
52.5 The Vice-Chancellor will consider any allegation/s of misconduct. If the Vice-Chancellor
believes the allegation/s warrant further investigation then the Vice-Chancellor will:
(a) notify the staff member in writing and in sufficient detail to enable the staff member to
understand the precise nature of the allegation/s, and to properly consider and
respond to them, and
(b) require the staff member to submit a written response within ten working days.
52.6 If the staff member denies in part or full the allegation/s, or fails to submit a written response
to any allegations, the Vice-Chancellor will:
(a) arrange for the matter to be investigated; or
(b) counsel and/or censure the staff member for unsatisfactory behaviour and take no
other action; or
(c) take no further action.
52.7 If the staff member admits in full the allegation/s, and the Vice-Chancellor is of the view that
the conduct amounts to misconduct, then the Vice-Chancellor may take disciplinary action,
subject to following the procedure described in sub-clause 52.8.
52.8 Before deciding to take disciplinary action, the Vice-Chancellor will:

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