[2011] FWAA 1970
DECISION
Fair Work Act 2009
s.185—Approval of enterprise agreement
UNSW Global Pty Limited
(AG2011/7071)
UNSW GLOBAL (UNSWIL LANGUAGE TEACHING EMPLOYEES)
ENTERPRISE AGREEMENT 2010
Educational services
DEPUTY PRESIDENT HAMILTON
MELBOURNE, 31 MARCH 2011
Application for approval of the UNSW Global (UNSWIL Language Teaching Employees)
Enterprise Agreement 2010.
[1]
An application has been made for approval of an enterprise agreement known as the
UNSW Global (UNSWIL Language Teaching Employees) Enterprise Agreement 2010 (the
Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
It has been made by UNSW Global Pty Limited. The agreement is a single-enterprise
agreement.
[2]
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.
[3]
The Agreement is approved and, in accordance with s.54, will operate from 7 April
2011. The nominal expiry date of the Agreement is 7 April 2013.
[4]
The National Tertiary Education Industry Union being a bargaining representative for
the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover
it. In accordance with s.201(2), I note that the Agreement covers the organisation.
DEPUTY PRESIDENT
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[2011] FWAA 1970
Printed by authority of the Commonwealth Government Printer
<Price code G, AE884884 PR508009>
2
UNSW GLOBAL PTY LIMITED (UNSWIL LANGUAGE
TEACHING EMPLOYEES) ENTERPRISE
AGREEMENT 2010
24 January 2011
PART 1 ARRANGEMENT
1.0
ARRANGEMENT
CLAUSE
NUMBER
CLAUSE TITLE
PART A
GENERAL MATTERS
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
Arrangement
Title
Interpretations and Definitions
Duration and Operation of Agreement
Application
Relationship with other Agreements and Awards
Implementation of Agreement
UNSW Global Policies
Dispute Settling Procedures
PARTB
SALARIES AND RELATED MATTERS
10.0
11.0
12.0
13.0
14.0
Salaries
Allowances
Superarmuation
Salary Sacrificing Scheme
Equalisation of Salary
PARTC
MODES OF EMPLOYMENT
15.0
16.0
Types of Employment
General Terms and Conditions of Employment
PARTD
HOURS OF WORK AND RELATED MATTERS
17.0
Hours of Work and Overtime
PARTE
WORKPLACE MANAGEMENT
18.0
19.0
20.0
21.0
22.0
Managing Change in the Workplace
Professional Development
Incremental and Accelerated Progression
Management of Unsatisfactory Performance and Misconduct
Probation
PARTF
LEAVE ENTIEMENTS AND CONDITIONS
23.0
24.0
25.0
26.0
General Leave Conditions
Annual Leave
Long Service Leave
Sick Leave
Page
1
2
2
5
5
6
6
6
7
8
8
9
10
10
11
13
15
18
21
21
22
23
24
25
26
28
1
27.0
28.0
29.0
30.0
31.0
32.0
33.0
34.0
35.0
Carer's Leave
Compassionate Leave
Parental Leave
Special Leave
Observation of Holy Days and Essential Religious or Cultural
Duties
Jury Leave and Witness Leave
Defence Forces Leave
Study and Examination Leave
Public Holidays
PARTG
OTHER MATTERS
36.0
37.0
38.0
39.0
40.0
41.0
42.0
Individual Flexibility Arrangement
Indigenous Employment and Equity
Implementation Committee
Compensation for Loss or Damage to Personal Property
Occupational Health and Safety (OH&S)
Union Arrangements
Employee Personnel Files
PARTH
SCHEDULE
Schedule I
Schedule 2
Schedule 3
Full-Time Salary Rates
Casual Salary Rates
Individual Flexibility Arrangement
2.0
29
29
30
35
36
36
36
37
37
38
38
38
39
39
39
40
41
42
44
TITLE
This agreement will be known as UNSW Global (UNSWIL Language Teaching Employees)
Enterprise Agreement 2010 (Agreement).
3.0
INTERPRETATIONS AND DEFINITIONS
3.1
References to Office Holders
In this Agreement a reference to a particular officer or to the holder of a particular office
includes a reference to the person for the time being occupying or acting in the office
concerned or to a nominee of the office holder.
3.2
Use of Language
For the purposes of this Agreement, words used in the singular include words in the plural
and vice versa, unless the context otherwise requires.
3.3
Defmitions
In this Agreement the following words mean:
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Term
Meaning
(a)
Act
Fair Work Act 2009 (Cth) as amended.
(b)
Chief Executive
Officer (CEO)
Chief Executive Officer ofUNSW Global Pty Limited.
(c)
consult and
consultation
UNSW Global will provide relevant information (orally or in
writing), the affected parties will confer, and the views
expressed will be taken into account before a final decision
is made by UNSW Global.
(d)
contact hours
the hours of work in which the employee is engaged in faceto-face teaching and supervision of students in scheduled
classes, laboratories, tours and excursions, including time
spent consulting with students inside scheduled teaching
programs, but does not include time spent in course
preparation and administration. Time allocated to required
in-service training will entail a reduction in contact hours
and preparation and administration related to those contact
hours.
(e)
continuous service
that period of service with the UNSW Global (or the
University of New South Wales [but not UNSW Asia])
including breaks in service of up to six (6) weeks.
(0
Director of Studies
(DOS)
a position to which responsibility for the overall
management, supervision and administration of a department
(division) within the Institute is assigned, and which may
include teaching duties.
(g)
employee
a staff member of UNSW Global Pty Limited whose
employment is covered by this Agreement in any class of
work which forms a substantial part of the duties of the
classifications of:
(i)
(ii)
(iii)
(iv)
(v)
(h)
employee
representative
Language Facilitator;
Senior/Specialist Teacher;
Principal Senior/Specialist Teacher;
Head of Studies (HOS); or
Principal Head of Studies (HOS).
a person, such as the Union or another employee, chosen by
an employee to undertake representations to UNSW Global
on their behalf, provided that the person is not a practicing
solicitor or barrister in private practice.
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(i)
Head of Studies
(HOS)
an employee who is assigned the responsibility for the
management of a significant program, activity or subcampus
and whose duties include teaching.
(j)
immediate family
(i) an employee's spouse or partner (including defacto
partner, former defacto partner and same gender partner) or;
(ii) an employee's child (including foster child, grandchild,
step-child, or a child for whom the employee is the legal
guardian);
(iii) an employee's parent (including foster parent, stepparent and parent in law), grandparent, step-grandparent, and
sibling (including sibling of a spouse); and
(iv) a person who lives in an employee's household.
(k)
Language
Facilitators
an employee engaged to conduct, teach, prepare and assess
language classes, and/or perform any or all of the following
duties as may be required by a Director of Studies: supervise
language laboratories, assess essays and assignments,
consult with students outside class times and prepare course
or teaching materials.
(I)
parties
UNSW Global and the National Tertiary Education Industry
Union (NTEU).
(m)
Principal Head of
Studies
an employee who, III addition to being assigned the
responsibility for the management of a significant program,
activity or sub-campus and whose duties include teaching, is
responsible for 20 or more classes (400 or more contact
hours). This is not a substantive appointment and is to apply
only where student class numbers reqUIre such an
appointment for a temporary period.
(n)
Principal Senior
Specialist Teacher
an employee who, in addition to performing the duties of a
Senior Specialist teacher, is responsible for 4 or more classes
(80 or more contact hours). This is not a substantive
appointment and is to apply only where student class
numbers require such an appointment for a temporary
period.
(0)
redundant position
a position that UNSW Global has decided it no longer
requires as part of its business.
(p)
service
service with New South Global Pty Ltd, the University of
New South Wales (UNSW) ([but not UNSW Asia]), and
with any other service recognised by UNSW Global for
servIce purposes.
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(q)
Senior/Specialist
Teacher
an employee who in addition to the duties defined for a
Language facilitator is assigned responsibilities which may
include some or all of the following duties for one or more
courses or activities: co-ordination of teaching and/or
teaching related activities, superviSIOn of language
facilitators including related administrative duties,
preparation and design of course structure and syllabus,
auditing syllabus across similar offerings of the Institute,
allocation of teaching duties, timetabling, in-service teacher
training and consultation, student selection, academic
counselling, study tour proposal co stings and liaison and
other associated administrative duties.
(r)
supervisor
a Director of Studies (DOS), or a nominee of the Director,
who may be a Head of Studies (HOS) or a Senior/Specialist
Teacher.
(s)
Union
the National Tertiary Education Industry Union (NTEU).
(t)
UNSW
University of New South Wales
(t)
UNSW Global Pty
Limited (UNSW
Global)
the employer of the employees covered by this Agreement.
4.0
DURATION AND OPERATION OF AGREEMENT
This Agreement will take effect seven (7) days after it is approved by Fair Work
Australia and will have a nominal term of two (2) years from the date it is approved
byFWA.
5.0
APPLICATION
(a)
This Agreement covers:
(b)
(i)
UNSW Global; and
(ii)
employees employed by UNSW Global.
This Agreement does not cover:
(1)
(ii)
(iii)
(iv)
(v)
an employee holding the position of Director, Institute of Languages (or
equivalent title);
an employee holding the position of Director of Studies (DOS) (or equivalent
title);
academic and general staff employed by the University of New South Wales
(UNSW);
other separate legal entities controlled by UNSW; or
other teaching or general staff employed by UNSW Global (eg; Foundation
Studies).
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(c)
Clause 21.0 - Management of Unsatisfactory Perfonnance and Misconduct - of this
Agreement will not apply to:
(i)
(ii)
an employee serving a period of probation; or
a casual employee.
6.0
RELATIONSIDP WITH OTHER AGREEMENTS AND AWARDS
(a)
This Agreement replaces and rescinds the UNSW Global (UNSWIL Language
Teaching Employees) Enterprise Agreement 2008.
(b)
This Agreement wholly displaces and operates to the exclusion of the provisions of
any modem awards and agreements that would otherwise apply to employees whose
employment is regulated by the provisions of this Agreement.
(c)
It is the intention ofUNSW Global that negotiations on a replacement agreement will
commence three months prior to the nominal expiry of the Agreement.
7.0
IMPLEMENTATION OF AGREEMENT
(a)
A copy of this Agreement will be will be placed on the website and be available for
inspection upon request by any employee.
(b)
An employee may choose to be represented by the employee's union representative or
other representative in relation to any matter or process set out in this Agreement.
(c)
For the purposes of facilitating the implementation of this Agreement, an
Implementation Committee will be established (see clause 38.0).
8.0
UNSW GLOBAL POLICIES
(a)
UNSW Global will develop and/or maintain a range of policies, procedures and
guidelines on human resources matters (such as workplace bullying, code of conduct).
Where policies, procedures and guidelines which have a significant and substantial
impact on employees are developed or reviewed during the life of this Agreement,
UNSW Global will consult with employees as part of UNSW Global's general
consultation processes.
(b)
Disputes arising from the implementation of UNSW Global policies of the kind
referred to in subclause 8.0(a), other than disputes regarding the interpretation,
application or operation of any provision of this Agreement, will not be referred
through the disputes settling procedures of this Agreement.
(c)
Nothing in this Agreement will be taken as incorporating as a tenn of this Agreement
any UNSW Global policy, procedure or guideline referred to in it.
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9.0
DISPUTE SETTLING PROCEDURES
(a)
The following dispute resolution procedures must be followed to settle a dispute about
the interpretation, application or operation of any provision of this Agreement or in
relation to the National Employment Standards.
(b)
A reference to an employee in this clause may include more than one (1) employee.
Notification of Dispute
(c)
An employee, or the Union or employee representative acting on their behalf, will in
the first instance notify the CEO, in writing, of the dispute ("the dispute notification").
The dispute notification must include details of the dispute and the resolution sought
by the employee.
Dispute Meetings
(d)
The employee, and the Union or employee representative acting on their behalf, and
representatives of UNSW Global, will meet within five (5) working days of the
dispute notification to try to resolve the dispute, unless the parties agree in writing to a
different timeframe. Where a significant number of employees are party to the same
dispute, a subgroup of the employees, and the Union or employee representative
acting on their behalf, will meet with representatives ofUNSW Global within five (5)
working days of the dispute notification.
Second Dispute Meeting
(e)
Where a dispute is not resolved following the procedure in subclause 9 .O(d) and the
employee wishes to proceed with the dispute, the employee, or the Union or employee
representative acting on their behalf, must refer the dispute, in writing, to the CEO
("the referral notification") within five (5) working days of the holding of the meeting
referred to in subclause 9.0(d) above. The referral notification must include details of
the dispute and the resolution sought by the employee. The employee, andlor the
Union or employee representative acting on their behalf, and representatives of
UNSW Global, will meet within five (5) working days of the referral notification to
try to resolve the dispute, unless the parties agree in writing to a different timeframe.
Referral of Dispute to FWA
(f)
Where a dispute is not resolved following the procedures in subclauses 9.0(d) and
9.0(e), a party may refer the dispute to Fair Work Australia (FWA) for resolution by
mediation andlor conciliation, or where mediation andlor conciliation does not resolve
the dispute, by arbitration.
(g)
If an application for arbitration is made, FWA may exercise any of its powers under
the Act and as set out in this Agreement, and any additional powers granted to FWA
by agreement of the parties to the dispute. The decision of FWA will be implemented
by the parties, subject to either party exercising a right of appeal against a decision of
FWA.
(h)
As an alternative to FWA, the employee and UNSW Global may agree to refer the
matter to an external mediator or arbitrator in order to resolve the dispute. A mutually
7
agreed arbitrator may exercise such powers and functions granted by agreement ofthe
parties to the dispute.
General
(i)
Subject to subclause 9.00) below, while the dispute resolution procedures referred to
at subclause 9.0(d) and 9.0(e) is being conducted, UNSW Global will not change
work, duties, staffing or organisation of work which is the subject of the dispute.
G)
Clause 9.0(i) above does not apply where the matter in dispute is related to the
following clauses: clauses 18.5: - Process - Redeployment and Retrenchment; 21.0 Management of Unsatisfactory Performance and Misconduct; and 22.0 - Probationof this Agreement.
PART2
SALARY AND RELATED MATTERS
10.0 SALARIES
10.1
Salary Adjustments
(a) The salaries to be paid to employees covered by this Agreement are set out in
Schedule 1 - Full-Time Salary Rates (Per Annum) - and Schedule 2 - Casual Salary Rates
(Per Hour) - of the Agreement.
Salary
Increase
(b)
Date of Salary Increases
4.0%
1 January 2011
4.0%
1 January 2012
During the life of this Agreement, no further salary increases, other than those
prescribed at subclause 10. 1(a) above, are payable to employees under this
Agreement.
11.0 ALLOWANCES
The salary rates contained in Schedule 1 of this Agreement include all prescribed allowances,
other than those specified in clause 11.1 below (and elsewhere in this Agreement).
11.1
Higher Duties Allowance (HDA) and Appointment to a Higher Graded Position
(a)
A substantive position of an employee will be filled by an acting employee for any
vacancy arising for more than (5) days, except where there is no necessity to fill the
substantive position because the workload for that vacancy is sufficiently low due to
downturn in program activities.
(b)
A HDA will be paid to an employee who;
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(i)
is appointed by UNSW Global in an acting capacity to perform all of the
duties of a higher classified position for more than five (5) consecutive
working days; and
(ii)
performs the higher duties required to be performed during the appointment.
(c)
The rate of pay to apply for the HDA will be an amount equal to the difference
between the minimum salary of the higher classified position and the normal salary
received by the employee when in the substantive position.
(d)
"Salary" means the appropriate salary payable during the period the employee is
required to perform temporarily the duties of the higher classified position. Any
increases in salary during that period will be applied during the period of the
temporary position.
(e)
An employee may be appointed temporarily to a higher graded position which
becomes vacant. During that period, the employee will receive the appropriate salary
for the higher graded position. At the end of the period, the employee will revert to
their substantive position.
(f)
An employee who receives a HDA for a continuous period of six (6) months or more
will be entitled to receive payment of the higher classified position for the amount of
annual leave accrued during the period of the HDA, provided that annual leave is
taken not later than twelve (12) months after expiry of the HDA (eg; an employee
who has received payment of a HDA for nine (9) months will be entitled to receive
payment of the HDA for fifteen (15) days of accrued annual leave, regardless of
whether such leave is taken in one or more periods).
(g)
The payment referred to in 11.1 (f) above will not apply to any other form of leave.
11.2
First Aid Allowance
An employee appointed by UNSW Global as a First Aid Officer will be paid an
allowance of $600 per annum.
12.0 SUPERANNUATION
(a)
Where a current employee is an existing member of a Commonwealth or State
superannuation scheme or the Special Purposes Superannuation Scheme, UNSW
Global will make employer superannuation contributions in accordance with the
relevant scheme.
(b)
In all other cases, UNSW Global will make the following employer superannuation
contributions:
(i)
17% of ordinary time earnings if the employee is a continuing employee or is
employed on a fixed-term contract of two years or more; or
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(c)
(ii)
9% of ordinary time earnings if the employee is employed on a fixed-term
contract of less than two years or is a casual employee whose wages are $450
or more per calendar month.
(iii)
3% of ordinary time earnings if the employee is a casual employee who earns
less than $450 per calendar month but more than $2,135 in either of the six
month periods between I January and 30 June or 1 July and 31 December each
year.
Provided that UNSW Global's Trust Deed and Deed of Covenant with UniSuper so
allow, an employee who is a member of UniSuper and who is eligible to receive the
employer superannuation contribution specified in clause 12.0(b)(i) may elect to make
reduced employee superannuation contributions to increase take home salary or to
access any other superannuation flexibility so allowed by the relevant Trust Deed and
Deed of Covenant.
13.0 SALARY SACRIFICING SCHEME
(a)
By written agreement with UNSW Global, an employee may receive a non-monetary
benefit in lieu of salary provided that the total value of the non-monetary benefit and
salary is no less than the salary entitlement the employee would otherwise receive.
(b)
An employee may withdraw from the salary sacrificing arrangement by giving eight
(8) weeks notice.
(c)
If an agreement is made under subclause 13.0(a) any other payment calculated by
reference to the employee's salary and payable during employment, or on termination
of employment, will be calculated by reference to the substantive salary, i.e., the
amount including the value of the non-monetary benefit.
14.0 EQUALISATION OF SALARY
(a)
Equalisation of salary is a flexible payment of salary arrangement, available in
particular, but not exclusively, to those employees who are continuing employees
working on a sessional basis, which allows those employees' total annual hours of
employment to be equalised and paid over the entire calendar year.
(b)
An employee and UNSW Global may, by agreement, agree to equalise their salary so
that the annual earnings are paid in equal portions over the whole year, rather than
only those weeks where work is performed.
(c)
Where the above arrangement is entered into, the employee will be entitled to all
benefits to which he or she would otherwise have been entitled on the same
proportion as in subclause 14.0(b) above.
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PART C - MODES OF EMPLOYMENT
15.0 TYPES OF EMPLOYMENT
(a)
UNSW Global will employ an employee on terms that correspond with one or other
of the types of employment prescribed in clauses 15.1 to 15.4 (inclusive).
(b)
To avoid doubt, nothing in this clause prevents an employee engaging in additional
work as a casual employee in work unrelated to, or identifiably separate from, the
employee's normal duties.
(c)
An employee employed on a continuing or a fixed-term basis may be employed in
either a full time or a part-time capacity.
(d)
All entitlements of an employee employed on a part-time basis in this Agreement are
paid on a pro-rata basis calculated by reference to the time worked as a proportion of
the time worked by a full-time employee in the same classification.
15.1
Continuing Employment
(a)
Continuing employment means employment with no fixed end date. All employment
other than fixed-term employment and casual employment will be continuing
employment.
(b)
In recognition of the importance of attracting and retaining employees, UNSW Global
will, wherever reasonably practicable, use continuing employment in preference to
other forms of employment.
(c)
UNSW Global will invite and consider, in the first instance, any applications
submitted by existing casual, fixed term or continuing employees of UNS W Global to
try to fill any substantive UNSW Global positions of continuing employment.
15.2
Fixed-Term Employment
(a)
Fixed-term employment means full-time or part-time employment for a specified
period or task and which will not be terminated during the term of an employee's
employment contract, except:
(i)
where the position held by an employee is made redundant in accordance with
clause 18.0 - Managing Change in the Workplace - of this Agreement; or
(ii)
for unsatisfactory performance or for misconduct in accordance with clause
21.0 - Management of Unsatisfactory Performance and Misconduct - of this
Agreement, or
(iii)
during a probationary period in accordance with clause 22.0 - Probation - of
this Agreement.
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(b)
In relation to other matters contained in this Agreement, a fixed-term employee will
be entitled to the same terms and conditions of employment as would apply to a
continuing employee engaged in an equivalent classification and working an
equivalent fraction of full-time, except where specifically excluded by this
Agreement.
(c)
Where it is known by UNSW Global that work (and funding) is available for a period
often (10) weeks, with a total weekly hours of work of not less than ten (10) teaching
hours, UNSW Global will offer to employ a person for this period and for these
number of hours on fixed term employment and not on casual employment. Nothing
in this Agreement restricts the ability of UNSW Global in such circumstances to offer
fixed term employment for a further period or periods, such as twelve (12) months.
15.3
Part-time Employment
(a)
Part-time employment means hours of work of less than thirty-five (35) hours per
week but not normally less than 17'h hours per week.
(b)
An employee employed on a part-time basis may be required to perform the full range
of duties specified for the full-time position.
(c)
All entitlements of an employee employed on a part-time basis will be paid on a prorata basis calculated by reference to the time worked as a proportion of the time
worked by a full-time employee in the same classification.
15.4
Casual Employment
(a)
Casual employee means a language facilitator employed to teach or perform casual
teaching or teacher related duties and who is paid on an hourly rate of pay prescribed
in Schedule 1 of this Agreement. The casual rate of pay includes a casual loading of
the amount referred to at subclause 15 .4(b) below to compensate the casual employee
for employment benefits not available to such employees.
(b)
A casual employee will be paid, in addition to the hourly rate, the following casual
loading:
(i)
(ii)
24% payable from 1 January 2011 until 31 December 2011.
25% payable from 1 January 2012.
(c)
The casual hourly rate includes payment for 30 minutes of preparation, marking
and/or administration for each hour of face-to-face teaching.
(d)
A casual employee will be paid on the first pay day following the fortnightly pay
period in which a claim for the hours of casual employment work has been submitted
by the employee to UNSW Global.
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16.0 GENERAL TERMS AND CONDITIONS OF EMPLOYMENT
16.1
General
(a)
Full-time and part-time employees are required to give four (4) weeks of written
notice of resignation or be subject to the payment or forfeiture of four (4) weeks' pay
if notice is less than four (4) weeks, unless the CEO agrees to accept a shorter period
of notice.
(b)
Subject to the prior approval of the CEO, an employee will be entitled to engage in
part-time professional work in addition to their UNSW Global duties as defined by
their supervisor.
(c)
All employees will be provided with a signed copy of their contract of employment.
(d)
New employees will normally undertake an induction program during work-time to
familiarise them with the Institute and identify required duties and skills.
(e)
Each employee will be informed of the name and position of the person who is their
supervisor.
16.2.1 Position of Senior/Specialist Teacher
(a)
A Senior/Specialist teacher may be employed on either continuing or fixed term
employment.
(b)
During the period in which an employee employed in a position of Senior/Specialist
Teacher is required to co-ordinate two (2) or three (3) classes (40 to 60 contact hours
per week), the employee will be paid at not less than Step I of the Senior/Specialist
Teacher classification scale set out in Schedule I of this Agreement.
16.2.2 Position of Principal Senior/Specialist Teacher
During the period in which an employee employed in a position of Senior/Specialist
Teacher is required to co-ordinate four (4) or more classes (80 or more contact hours
per week), the employee will be paid, pro rata, the salary rate for Principal
Senior/Specialist Teacher set out at Schedule 1 of this Agreement.
16.2.3 Position of Principal Head of Studies
During the period in which an employee employed in a position of Head of Studies is
responsible for 20 or more classes (400 or more contact hours per week), the
employee will be paid, pro rata, the salary rate for Principal Head of Studies set out at
Schedule 1 of this Agreement.
16.3
Terms and Conditions of Fixed-term Employment
(a)
The letter of appointment of an employee appointed to a position for a fixed term will
include the following information:
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(i)
(ii)
(iii)
(iv)
(v)
duties and responsibilities to be performed;
salary classification;
commencing salary;
the dates on which the employee's fixed term appointment starts and
finishes; and
the name of the industrial instrument that governs the employee's conditions
of employment.
(b)
The letter of appointment of an employee appointed to a position for a fixed term will
not be processed for payment of salary and other purposes until the signed letter is
received by UNSW Global.
(c)
An employee appointed to a position for a fixed term will be entitled to all benefits of
this Agreement, except where a contrary intention is expressly stated in this
Agreement.
(d)
Where an employee appointed to a position for a fixed-term is subsequently appointed
to a continuing position in UNSW Global, the period of fixed-term employment will
be recognised for applicable leave purposes.
16.4
Notice of Cessation of a Fixed-term Contract
An employee appointed to a position for a fixed-term of one (1) year or more will be
provided with the following written notice by UNSW Global of whether or not their
fixed-term appointment will be renewed upon expiry of their current contract:
Period of Continuous Service
•
•
16.5
1 year or more but less than 2 years
2 years or over
Notice Period Required
at least 3 weeks
at least 4 weeks
Severance Payment
An employee appointed to a position for a fixed term (other than one employed to
replace a continuing employee absent on leave) whose contract is not renewed in
circumstances where the employee seeks to continue employment will be entitled to a
severance payment in accordance with subclause 16.6 hereunder where either of the
following circumstances apply:
(i)
the employee has had a period of continuous service of two (2) years or more
and is employed on a second or subsequent fixed term contract and the duties
are no longer required by the Institute; or
(ii)
where the employee is employed on a fixed term contract for two (2) years or
more and where the duties of the kind performed continue to be required, but
another person has been appointed to perform the same or substantially
similar duties.
14
16.6
Severance Pay Entitlements
Where an employee is entitled to severance payment, the following will apply:
Length of continuous service
Severance pay
2 years or more to less than 3 years
3 years or more to less than 4 years
4 years and over
4 weeks pay
5 weeks pay
6 weeks pay
PART D - HOURS OF WORK AND RELATED MATTERS
17.0
HOURS OF WORK AND OVERTIME
17.1
Ordinary Hours of Work
Ordinary hours of work for full-time employees will be thirty-five (35) hours per
week. Such hours will be worked between 8.00am and 10.00pm, Monday to Friday,
inclusive.
17.2
Meal Breaks
(a)
An employee will be entitled to a meal break of not less than thirty (30) minutes,
Monday to Friday, and, except with the prior permission of the relevant Director of
Studies, not more than one (1) hour will be allowed for each meal. Provided that
where, in such circumstances, an employee is required to work any portion of their
meal break, such time will count as part oftheir ordinary working hours.
(b)
An employee will not be required to work authorised overtime beyond 6.00pm
without a meal break of at least thirty (30) minutes, which will not count as time
worked. An employee will not be required to work more than five (5) hours without a
meal break.
17.3
Annual Teaching Hours
The annual teaching requirement for language teaching staff will be forty-one (41)
weeks (820 hours).
17.4
Contact Hours
(a)
The contact hours to be worked by the various classifications of employees are as
follows:
(i)
(ii)
(iii)
Language facilitators will be responsible for a maximum of 20 contact hours
per week;
Senior/Specialist Teachers will be responsible for a maximum of 14 contact
hours per week; and
Heads of Studies will be responsible for a maximum of 8 contact hours per
week.
15
(b)
An employee will be required to perform no more than six (6) hours per day of faceto-face teaching.
(c)
Notwithstanding the teaching contact hour arrangements referred to in subclause
17.4(a), an employee may make a request in writing to teach up to twenty-four (24)
contact hours in a normal working week. In such circumstances, the following
conditions will apply:
(i)
(ii)
(iii)
the number of contact hours and the period in which such hours are to be
worked must be agreed in advance between UNSW Global and the
employee;
the average teaching hours per week must be no more that twenty (20) for the
teaching term or the teaching year; and
any contact hours worked in excess of twenty (20) will not attract overtime
payment.
(d)
On any day, Monday to Friday, there will not be more than eight (8) hours between
the commencement and completion of duty, except that the employee and UNSW
Global agree to vary this arrangement.
17.5
Classes after 6.00pm
(a)
A full-time or part-time employee's weekly contact hours may be scheduled to include
evening teaching, provided that an employee will not be so scheduled for more than
two (2) evening classes in any week, except that an employee may, with the prior
approval of the Director of Studies, elect to work for more than two (2) evening
classes in any week.
(b)
Evening classes will be scheduled so as to conclude by not later than 9.00pm.
(c)
The starting time for any formal commitment will not be before 11.00am on the day
after an evening commitment finishing after 8.00pm, unless the employee, with the
prior approval of the supervisor, elects to vary this arrangement.
17.6
Overtime
(a)
Subject to subclauses 17.4(c), 17.6(b) and 17.6(c), an employee authorised to work in
any of the following circumstances will be paid the applicable overtime rate set out in
subclause I 7. 6(c):
(i)
(ii)
(iii)
(iv)
(b)
more than the number of ordinary hours per week set out in clause 17.1; or
more than the contact hours set out in clause 17.3; or
outside the daily span of hours as outlined in clause 17.1 (i.e., before 8.00am
or after 1O.00pm, Monday to Friday, inclusive); or
on Saturday or Sunday or a public holiday.
The overtime arrangements referred to in subclause 17.6(a) will not apply to
employees who elect to undertake duties associated with accredited language tests,
including CULT, PEAT, IELTS, TOEFL, TOBIC, and OET or to teaching duties for
16
any PEAT workshops outside of an employee's ordinary hours of work.
teaching duties will be paid in accordance with this subclause 17 .6(c) below.
Such
(c)
The payment of teaching duties in relation to PEAT workshops outside of ordinary
hours of work will be paid at the applicable rate set out in Schedule 1 of this
Agreement and not at overtime rates.
(d)
The payment of work, or the rates of pay giving rise to such payment, associated with
the delivery of accredited language tests for IELTS, TOEFL, TOBIe, and OET will
not be made through any provisions under this Agreement, but in accordance with
contractual arrangements made between UNSW Global and the relevant external
agency for such tests.
(e)
Where overtime is worked, an employee will be paid at the following rates:
(i)
Monday to Saturday
•
(ii)
Sunday
•
(iii)
two and a half times the ordinary rate of pay.
The minimum payment of overtime will be three (3) hours, at the overtime rates in
clause 17 .6( e), where overtime is worked:
(i)
(ii)
17.7
double the ordinary rate of pay; and
Public holidays
•
(f)
one and a half times the ordinary rate of pay for the first two hours and
double the ordinary rate of pay thereafter;
on a Saturday or a Sunday; or
on a public holiday.
Meal Allowance
An employee authorised to work in either of the following circumstances will be paid
a meal allowance, following current UNSW Global practice, in addition to any
overtime payment:
(i)
for a period of two (2) hours beyond their normal finishing time and beyond
6.00pm; or
(ii)
overtime for more than five (5) hours on a Saturday, Sunday or a public
holiday;
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17.8
Variation to Hours of Work
With the approval of the relevant Director of Studies, an employee may vary their
contracted hours per week. An employee who requests a reduction in their number of
hours of work on a temporary basis may not be guaranteed a return to their original
number of hours of work on the cessation of such temporary reduction, unless an
agreement to return to the original number of hours has been made prior to the
reduction in hours taking effect.
17.9
Class Sizes
(a)
UNSW Global will apply the regulations provided for by governing bodies (including
NEAS, DIAC) in relation to class sizes and student ratios, provided that where there is
an inconsistency between the regulations and any applicable legislation (ESOS Act),
the applicable legislation will apply to the extent of any inconsistency.
(b)
It is recognized by subclause 17.9(a) above that changes are occurring to both the
National Code and to the Peak body, NEAS, and that the changes in regulatory
requirements will be incorporated by this clause. Current legislative & industry
regulated requirements include a student class ratio to classroom space (2m2 per
student) for international students, and NEAS accredited classes of 18 students. Class
sizes for core UNSWIL courses not covered by specific regulations will be no more
than 20 without prior agreement by the teacher.
(c)
For the purposes of subclause 17.9(b), "core UNSWIL courses" refers to MEP, EAP;
GPE; Modern Languages; and Language Teacher Education current courses (but does
not include study tours or new course initiatives).
PART E WORKPLACE MANAGEMENT
18.0 MANAGING CHANGE IN THE WORKPLACE
This clause will not apply to a casual employee although a casual will not be excluded
from relevant information and from attending a meeting held pursuant to this clause
due to their employment status.
18.1
General principle
(a)
The sound management of workplace change requires the involvement of the people
who will be affected by that change.
(b)
An employee's union representative or other representative will have the same rights
to consultation and access to documentation as conferred on an employee under this
clause.
(c)
UNSW Global will consider any proposal to minimise or eliminate the need for
retrenchments at any time, provided that nothing in this clause prevents an employee
expressing an interest in redeployment, voluntary redundancy, a pre-retirement
18
contract (in appropriate circumstances) or other options for consideration by UNSW
Global. Retrenclnnents will only occur as a last resort.
18.2
Minor workplace change
UNSW Global will consult with employees who may be directly and significantly
affected by minor workplace change issues prior to the formal implementation of any
change. UNSW Global will allow a reasonable time frame for consultation to take
place.
18.3
Major Workplace Change
(a)
Major workplace change occurs in situations that have a major and substantial impact
on the employee, such as, but not limited to:
(i)
(ii)
(iii)
(iv)
(b)
possible forced job losses;
outsourcing;
significant restructuring across an entire organisational unit; or
relocation to another campus that involves unreasonable additional travel.
Where major workplace change is proposed UNSW Global will:
(i)
(ii)
meet and consult with directly affected employees; and
provide a detailed workplace change proposal (in writing) to directly affected
employees as part of the consultation process.
(c)
The detailed workplace change proposal will include an outline of the proposed
changes, the reasons for the change proposal, the impact on employees, and the likely
timeframe for consultation and implementation.
(d)
Directly affected employees (and any chosen employee representative(s)) will have an
opportunity to respond to the proposed change and UNSW Global will consider any
altemative(s) put forward. Directly affected employees will be advised formally of
any changes to the original proposal prior to implementation.
(e)
In filling positions in any new structure UNSW Global will ensure that:
(f)
(i)
employees employed on a continuing or fixed-term contract basis, whose
positions remain in the new structure and are not significantly changed, will
continue to hold their positions in accordance with their contract of
employment; and
(ii)
employees whose positions do not remain in the new structure will be given
first opportunity to apply for any new positions that have been created or made
vacant in the restructure.
Where, following the processes referred to at subclause 18.3(e) above, an employee
does not hold a position in the new structure, UNSW Global may place the employee
in a position elsewhere within UNSW Global at the same or higher salary level where
the employee is considered to hold the necessary skills, qualifications and experience
19
for the position. Where no such placement is made by UNSW Global, the provisions
of subclause 18.4 will apply.
18.4
Implementation of Redundancies
Where a decision is made by the CEO to declare a position redundant following the
completion of processes referred to in clause 18.3 above, the redundancy and
redeployment provisions of subclause 18.5 will apply, subject to subclause 18.6
below. Where an application is made by UNSW Global to FWA pursuant to subclause
18.7 below, the redundancy and redeployment provisions of clause 18.5 will not apply
until the UNSW Global's application has been determined by Fair Work Australia
(FWA).
18.5
Process - Redeployment and Retrenchment
(a)
Where UNSW Global declares a position redundant following the process set out
above, the employee holding that position will be advised in writing by the CEO that
the employee must elect to seek redeployment within a period of two (2) weeks or be
retrenched. Where the employee elects to seek redeployment, the employee will
undertake a redeployment process for a period of ten (10) weeks from the date of
election. Where UNSW Global and the employee cannot identify an agreed suitable
alternative position within the ten (10) week redeployment period, the employee will
be retrenched.
(b)
At any time during the redeployment period of ten (10) weeks, the employee may
elect to terminate the redeployment process and be retrenched.
(c)
The redeployment placement will be on the basis of a trial period. Where the
redeployment trial is unsuccessful, the employee will be retrenched and receive the
entitlements at subclause 18.5(f) below.
(d)
An employee who does not elect redeployment in accordance with clause 18.S(a)
above will be given written notice of not less than ten (10) weeks of the date of
retrenchment, or at the election of the employee, ten (10) weeks' payment in lieu of
notice, provided that UNSW Global may place the employee on paid leave (not being
annual leave or long service leave) during the notice period.
(e)
An employee who elects to work part or all of the ten (10) week notice period
(including through a redeployment process) will only receive on retrenchment
payment for the balance of the ten (10) weeks not worked.
(f)
An employee who is retrenched will be entitled to:
(i)
(ii)
(iii)
(iv)
a severance payment based on three (3) weeks salary for every completed year
of continuous service to a maximum of S2 weeks;
payment for accrued annual leave in accordance with subclause 24.1;
payment on a pro-rata basis for leave loading in accordance with subclause
24.4; and
payment for any long service leave in accordance with subclause 2S.0(a) of
this Agreement
20
18.6
Redeployment to a Lower Level Position
An employee who agrees to be redeployed to a position at a level lower than their
previous salary level will receive salary maintenance at their previous rate of pay for
twelve (12) months.
18.7
Acceptable Alternative Employment
(a)
Consistent with the principle to minimise or eliminate the need for retrenchments,
UNSW Global may apply to the FWA to have the severance payment or retrenchment
benefit varied or waived, where UNSW Global obtains acceptable alternative
employment for an employee.
(b)
Until such time as UNSW Global's application is determined by the FWA, an
employee who is the subject of the application must not unreasonably refuse to
comply with a direction by UNSW Global to perform work, whether at the same or
another work unit, which is appropriate for the employee to perform.
19.0 PROFESSIONAL DEVELOPMENT
An employee will meet annually with their supervisor to review and discuss their
work in the past year, their work in future years and the employee's own personal
career development. The major areas for discussion will include:
(i)
how the employee's position links to the wider plans of the work unit and of
UNSW Global;
(ii)
allocated duties within the work unit and the employee's development needs
associated with meeting the goals of the work unit and UNSW Global; and
(iii)
support needed by the employee from the work unit and from UNSW Global
to achieve personal career goals.
20.0 INCREMENTAL AND ACCELERATED PROGRESSION
(a)
Incremental progression through the steps detailed in Schedule I of this Agreement
will occur annually. Progression will continue to the top step of the relevant salary
range for the position, except where a determination is made under subclause 20.0(d).
(b)
Where an employee's performance is recognised as being of an exceptionally high
standard, the CEO may approve accelerated progression of two or more steps.
(c)
Where the employee's performance is not satisfactory and a supervisor proposes to
withhold an increment from an employee entitled to incremental progression, the
supervisor will:
(i)
(ii)
advise the employee of the reasons for the proposed withholding of the
increment; and
give the employee an opportunity to respond to the reasons provided; and
21
(iii)
(d)
allow sufficient opportunity (usually at least three (3) months) for the
employee to improve performance to the standard required to progress to the
next incremental step.
Where the steps referred to in clause 20.0(c) have been carried out and the supervisor
remains of the view that the increment should be withheld, the supervisor, through the
Director of Studies, will make a recommendation to the CEO who will make a final
determination.
21.0 MANAGEMENT OF UNSATISFACTORY PERFORMANCE AND
MISCONDUCT
21.1
General
The procedures set out in this clause 21.0 must be followed before a decision to
terminate an employee on the grounds of unsatisfactory performance or serious
misconduct. It is noted that repeated misconduct can constitute serious misconduct.
An employee may choose to be represented by the Union or other representative at
any stage of the process in this clause.
21.2
Management of Unsatisfactory Performance
(a)
Where performance concerns have been discussed at an early stage with an employee,
but such discussions have not led to sufficient improvement in the employee's
performance and UNSW Global wishes to formalise the concerns, it will:
advise the employee in writing of the deficiencies in performance and identifY
the performance standard required;
(ii) provide the employee with an opportunity to respond to the concerns and to
raise any mitigating circumstances; and
(iii) if still concerned having considered any response by the employee, provide the
employee with:
A. an outline of the performance deficiencies and the performance standard
required;
B. a reasonable opportunity and timeframe to improve performance to the
standard required; and
C. guidance, assistance or counselling necessary to improve performance.
(i)
(b)
Where the supervisor believes that the employee's performance remains
unsatisfactory following the steps set out in subclauses 21.2(a) above, the supervisor
will advise the employee in writing of the deficiencies in performance, and of any
further proposed action. The employee will have an opportunity to make a response
to the supervisor's assessment.
21.3
Management of Allegations of Misconduct or Serious Misconduct
(a)
Where a matter of possible misconduct arises, it will normally be discussed by the
supervisor (or where relevant the supervisor's supervisor) with the employee to
determine whether it can be resolved through guidance, counselling or other
appropriate action in the first instance.
22
(b)
Where the discussion in subclause 21.3(a) has not resolved a matter, or where such
discussion would be inappropriate due to the serious nature of the allegation(s), a
supervisor (or where relevant the supervisor's supervisor) will detail the allegation(s)
of misconduct or serious misconduct in writing and give the employee an opportunity
to respond to the allegation( s) and to raise any mitigating circumstances.
(c)
Where an allegation(s) of misconduct or serious misconduct have been made against
an employee, UNSW Global may direct the employee to be absent from the
workplace on full pay pending the resolution of the matter.
(d)
The relevant Director of Studies will consider the employee's response to the
allegation(s) and any other relevant material, and advise the employee of any
proposed action.
21.4
Recommendation to Terminate Employment
(a)
Where, following the procedures outlined in subclauses 21.2 or 21.3, the Director of
Studies proposes to terminate the employment of an employee, the Director will
prepare a recommendation for consideration by the CEO.
(b)
The recommendation will clearly set out the reasons for the recommendation, the
steps taken by UNSW Global in accordance with subclauses 21.2 or 21.3 and any
response made by the employee, including mitigating circumstances and any other
relevant material.
(c)
A copy of the recommendation will be provided to the employee, who will have a
period of five (5) working days after being provided with a copy of the
recommendation to provide to the CEO a submission in response to the
recommendation.
(d)
The CEO will make a final determination as to whether the employment should be
terminated, having taken into account both the recommendation of the Director of
Studies and any response by the employee.
22.0 PROBATION
(a)
An employee may be required to serve a period of probation at the commencement of
employment of up to 6 months.
(b)
Any second or subsequent fixed term contract will not contain a period of probation
where the employment is a continuation of the initial fixed-term employment.
(c)
An employee will be advised of, and given an opportunity to make response to, any
adverse material about their performance or conduct which UNSW Global intends to
take into account in a decision to terminate the employment upon or before the expiry
of the period of probation.
23
PART F LEAVE ENTITLEMENTS AND CONDITIONS
23.0 GENERAL LEAVE CONDITIONS
(a)
In the event of the death of an employee, the monetary value of all annual and long
service leave for which the employee was eligible at the time of death will be paid to
their legal personal representative, unless paid by UNSW Global to the employee's
widow or widower or to the guardian ofthe infant children of the employee.
(b)
UNSW Global may direct an employee to take accrued long service leave provided
that it provides the employee with reasonable notice of the timing of the leave and
takes into consideration any wishes of the employee in relation to the timing of the
leave. UNSW Global may only direct an employee to take long service leave if:
(i)
(ii)
(iii)
(iv)
(v)
the employee has a minimum long service leave entitlement of 100 working
days; and
the employee is not within 2 years of their stated retirement date; and
a minimum period of 1 month of long service leave is taken; and
the employee's wishes about the duration of the leave are taken into
consideration by UNSW Global; and
the employee has not taken long service leave at the direction of UNSW
Global in the previous 2 years.
(c)
Where an employee takes long service leave or paid maternity leave at half pay, the
employee's entitlement to annual leave will accrue at half the rate described in
subclause 24.1 below.
(d)
Absence on any form of approved leave does not break continuity of service with
UNSW Global.
(e)
Absence on any form of paid leave will count as service for all purposes.
(f)
Absence on unpaid parental leave will count as service for long service leave purposes
where the employee has completed 10 years of service with UNSW Global (or
UNSW) and the period of the unpaid parental leave taken is less than 6 months. All
other forms of unpaid leave will not count as service.
(g)
Any entitlements of an employee employed on part-time basis in this Agreement will
be paid on a pro-rata basis calculated by reference to the time worked as a proportion
of the time worked by a full-time employee in the same classification.
(h)
Except where an express provision applies, the provisions of clauses 24.0 - 35.0 of
this Agreement will not apply to a casual employee.
24
24.0 ANNUAL LEAVE
24.1
Entitlement
(a)
An employee will be entitled, after the completion of each 12 months of service, to
take 4 weeks of annual leave at their base rate of pay in addition to any public holiday
occurring while the employee is on annual leave.
(b)
Annual leave will accrue fortnightly, provided that where the services of an employee
terminate for any reason, credit will be given for periods of less than one fortnight in
computing any leave that may be due.
24.2
Illness during annual leave
If an employee, who is eligible for sick leave, produces a satisfactory medical
certificate to the effect that they have been incapacitated for a period of 1 week or
more while on annual leave, UNSW Global will re-credit the employee with an
equivalent period of annual leave. No such re-credit will be granted to an employee
on annual leave immediately prior to retirement, resignation or termination of
employment.
24.3
Notice of Annual Leave
An employee is required to submit an application to take annual leave at least 2 weeks
prior to proposed commencement of such leave. Provided that nothing shall prevent
UNSW Global approving a period of annual leave where a shorter period of notice is
provided by an employee.
24.4
Annual Leave Loading
(a)
Employees will be paid an annual leave loading equivalent to 17.5% of 4 weeks at the
base rate of pay.
(b)
Broken service during a year does not attract the annual leave loading. For example,
if an employee resigns and is subsequently re-employed during the same year, only
the service from the date of re-employment attracts the annual leave loading, subject
to the above conditions.
(c)
The annual leave loading is to be calculated on the base rate of pay in force on the
date when the employee is proceeding on annual leave, or at the base rate of pay in
force on the date the annual leave loading is paid.
(d)
Part-time employees who satisfY the above conditions will be eligible for payment of
annual leave loading on a pro rata basis.
24.5
Payment of Annual Leave Loading on Termination
The following arrangements will apply in respect to the payment of annual leave
loading on termination:
25
(i)
Upon retirement or termination by UNSW Global for any reason other than
misconduct, an employee who has not been paid an annual leave loading to
which they are entitled will be paid the loading that would have been payable
had the retirement or termination not occurred.
(ii)
On resignation or dismissal for misconduct, annual leave loading is not
payable when an employee is granted annual leave to credit, or the monetary
value thereof.
25.0 LONG SERVICE LEAVE
25.1
Eligibility
(a)
An employee will be eligible for long service leave as follows:
(i)
After 10 years service (whether continuous or broken) to 3 months' leave on
full payor 6 months' leave on half pay.
(ii)
After 15 years service (whether continuous or broken) to 4 months and 15
days' leave on full payor 9 months' leave on half pay.
(iii)
For service between 10 years and 15 years (whether continuous or broken),
leave will accrue proportionately on the basis of subclause 25.0(a)(i) above.
(iv)
For service in excess of 15 years (whether continuous or broken), leave
additional to that prescribed in subclause 25.0(a)(ii) above, pro-rata at a rate of
2 months and 15 days on full payor 5 months on half pay, for each completed
5 years of service.
(v)
Where an employee has completed at least 5 years continuous service, but less
than 10 years continuous service, and their employment is terminated by
UNSW Global for any reason, other than:
• for serious and wilful misconduct, or
• by the employee on account of illness, incapacity, or domestic or other
pressing necessity, or
• by reason of the death of the employee,
the employee will be entitled to a proportionate amount of long service leave
on the basis of 3 months for 15 years of service. For the purposes of the
application of this provision, it will be interpreted in the same manner as the
similar provision in the New South Wales Long Service Leave Act, 1955, as
amended.
(b)
A casual employee will be eligible for long service leave as provided for in the New
South Wales Long Service Leave Act, 1955, as amended.
(c)
If an employee has an entitlement to long service leave under subclause 25.0(a)(i)-(iv)
above, but prior to entering upon such leave has their employment terminated by
dismissal or by notice duly given by either party, the employee will be entitled to
26
receive the monetary value of the leave at credit computed at the rate of salary which
such employee was receiving immediately prior to the termination of employment.
(d)
In addition to the conditions specified in subclauses 23.0(e) and 23.0(f) above:
(i)
(ii)
(iii)
(e)
Where an employee is granted leave for service in the Australian Defence
Forces, such service will be counted as ordinary service in computing long
service leave;
Any period of leave without pay not exceeding 6 months will count for long
service leave purposes where an employee has completed 10 or more years
service, but where such period of leave without pay exceeds 6 months, the
whole period of leave without pay will not count as service;
UNSW Global may from time to time agree that certain periods of leave
without pay taken after 1 July 1971 may count as service.
Eligibility for long service leave will be determined taking into account prior
continuous paid service with UNSW Global, New South Wales universities, and with
any other Australian universities which grant transferability of service with Australian
universities for long service leave to employees employed by those universities,
provided that:
(i)
prior continuous paid service with another or other Australian
university/universities prior to 1 January 1969, will not be taken into account
when determining eligibility for long service leave;
(ii)
if an employee has availed himself or herself of long service leave or is
eligible to be paid, or has been paid, in lieu of long service leave by the
releasing university, the employee will not accrue any entitlement to leave
for the period of service with the releasing university for which leave has
been paid, or for which there is eligibility for payment, but, subject to these
conditions, such a period will be included as qualifying service for
determining when the employee is eligible to take long service leave under
this Agreement;
(iii)
there is not more than 2 months between the cessation of employment with a
releasing university and the commencement of employment with UNSW
Global, in which case continuity of service will be deemed not to have been
broken for the purposes of long service leave. However, the period between
the 2 contracts of employment will not be taken into account in determining
length of service for long service leave;
(iv)
the employee will be required to serve at least 5 years with UNSW Global
(including service with UNSW) before being permitted to take accrued long
service leave, or to be paid in lieu on termination of employment, except that
in eligible cases, payment in lieu of such leave will be made when an
employee:
(a) dies;
(b) retires on or after 60 years of age, or such other age as the retirement
provisions of the Superannuation Act, 1916, may provide; or
27
(c) receives an invalid or breakdown pension under the provisions of the
Superannuation Act, 1916; and
(v)
these conditions will not apply to employees on short-term appointments at
UNSW Global, however, when an employee is appointed to a position which
is not short-term full recognition for all prior continuous service will be
given in accordance with these conditions.
(vi)
Service with the Universities of the South Pacific or Papua New Guinea or
the Papua New Guinea Institute of Technology or any recognised University
in New Zealand, may also be recognised for determining long service leave
eligibility.
26.0 SICK LEAVE
(a)
An employee who satisfies UNSW Global that they are unable to perform their duties
by reason of personal illness or personal incapacity (not being illness or incapacity
caused by injury arising out of or in the course of their employment) will, subject to
the conditions specified in this clause, be entitled, during such illness or incapacity, to
sick leave with pay for which ever is greater of the periods specified in (i) or (ii)
below hereunder:
(i)
2 weeks during the first year of service;
3 weeks in the second year of service;
6 weeks in any subsequent year of service.
(ii)
A period calculated by allowing 2 weeks for each completed year of service
and by deducting from this calculation, the number of days of sick leave
previously allowed during the whole of the employee's service.
(b)
If any sick leave absence exceeds 3 consecutive working days, the employee will
provide a certificate by a medical practitioner as to the nature of the illness or
incapacity involved.
(c)
UNSW Global may require an employee to produce a certificate from a medical
practitioner for any sick leave absence (subsequent to such requirement being made)
stating that the employee is unable to attend for duty on a day or days in respect of
which he or she claims sick leave.
(d)
An employee absent from duty due to personal illness or personal incapacity will:
(i)
inform their supervisor as soon as practicable of their inability to attend for
duty; and
(ii)
state the estimated duration of the absence.
28
27.0 CARER'S LEAVE
27.1
Interpretation
Carer's leave refers to the use of part of an employee's entitlement to sick leave for
the purposes of caring for an "immediate family" member (as defined in clause 3.0 of
this Agreement).
27.2
Entitlement to Carer's leave
(a)
Carer's leave is available as follows:
(i)
(ii)
In the first two years of employment, the employee can take up to 10 days of
available sick leave as carer's leave in any year for each ofthe first 2 years.
In the third and subsequent years of employment, the employee can take up to
12 days of available sick leave as carer's leave per year.
(b)
If the current year's entitlement to sick leave is exhausted, accumulated sick leave may
be accessed for carer's leave.
(c)
If all accessible leave for the purpose of carer's leave is exhausted, an employee may,
with the approval of the Director of Studies, take leave without pay to cover the
absence.
27.3
Conditions of Carer's Leave
To be entitled to carer's leave, the following conditions apply:
(a)
An employee would normally be responsible for the care and support of the person
concerned.
(b)
The employee will not be entitled to take carer's leave where another person has
carer's leave to care for the same person.
(c)
Any absence for carer's leave must be supported by a medical certificate or other
satisfactory evidence confirming the requirement for care by another, subject to
subclause 27.3(d) below.
(d)
A full-time employee will be entitled to a maximum of 21 hours each year for the
purpose of caring for an immediate family member without having to provide a
medical certificate.
28.0 COMPASSIONATE LEAVE
(a)
An employee is entitled to 3 days of paid compassionate leave for each occasion
when:
29
• a member of the employee's immediate family; or
• a member of the employee's household; or
• a person who is related by blood or marriage or who has a strong affinity with
the employee by way of traditional or ceremonial affiliation
contracts or develops a personal illness that poses a serious threat to their life, or
sustains a personal injury that poses a serious threat to their life, or dies.
(b)
An employee who is on a period of approved leave at the time of death of a person
referred to at subclause 28.0(a) above may apply for up to 3 days of compassionate
leave and be recredited the other period of leave, provided that such recrediting of
leave will not occur more than once in anyone calendar year.
(c)
An employee may convert accrued annual leave or long service leave to extend the
period of compassionate leave for up to an additional 20 working days.
(d)
An employee who makes application for compassionate leave may be requested by
UNSW Global to provide evidence or details of the circumstances giving rise to the
application.
29.0 PARENTAL LEAVE
29.1
Maternity Leave
(a)
An employee who becomes pregnant is entitled to a period of up to 52 weeks of
maternity leave. Such leave will be taken within the period from 20 weeks before the
expected date of delivery to 52 weeks after the commencement of the period of paid
leave.
(b)
By agreement with UNSW Global, the maternity leave may be taken in more than one
consolidated period.
29.2
Adoption Leave
(a)
An employee who adopts a child is entitled to a period of up to 52 weeks of adoption
leave, commencing from the date of placement of the child.
(b)
Adoption leave may not be accessed for a child who has been living with the partner
(including same-sex partner) of an employee prior to the employee adopting the child.
29.3
Conditions for Maternity and Adoption Leave
(a)
Where an employee takes maternity leave in accordance with subclause 29.1 above,
26 weeks of the leave will be on full pay, in addition to any public holiday occurring
while the employee is on parental leave. The remaining period of the leave will be
unpaid.
(b)
Where an employee takes adoption leave for a child under the age of 5 years in
accordance with subclause 29.2 above, 26 weeks of the leave will be on full pay, in
addition to any public holiday occurring while the employee is on parental leave. The
30
remaining period of the leave will be unpaid. Where the child is 5 years or older, the
entitlements set out in clause 29.5 will apply to the employee.
(c)
For part-time employees, the paid portion of the leave will be paid at the
proportionate part-time rate of pay. Where a full-time employee has converted to
part-time employment prior to going on maternity leave for reasons related to the
pregnancy, the employee will be paid at the full-time rate of pay.
(d)
An employee may elect to take the 26 weeks of paid maternity or adoption leave
entitlement over a period of 52 weeks at half pay. All leave accruals during the
period of paid maternity or adoption leave at half pay will be calculated on a pro rata
basis.
(e)
In addition to the period of 52 weeks of leave referred to in subclause 29.1 and 29.2,
an employee may apply to UNSW Global for additional unpaid leave.
(f)
In the case of maternity leave, where the birth mother and her partner are both
employed at UNSW Global, the period of 52 weeks may be shared between both,
including paid and unpaid leave.
(g)
In the case of adoption leave for a child under 5 years, where both parents are both
employed at UNSW Global, the period of 52 weeks may be shared between both,
including paid and unpaid leave.
29.4
Partner Leave
An employee will be entitled to partner leave as follows:
(a)
An employee will be entitled to 2 weeks of paid partner leave, to be taken during the
period 3 weeks prior to and 3 months after the expected birth or placement of the
child. For part-time employees, the paid portion of the leave will be paid at the
appropriate part-time rate of pay.
(b)
In addition to the 2 weeks paid leave set out in subclause 29.4(a), an employee whose
partner (including same-sex partner) has given birth to a child will be entitled to a
further unbroken period of 50 weeks of unpaid partner leave.
(c)
In addition to the periods of partner leave referred to in subclauses 30.4(a) and (b), an
employee may apply to their supervisor for additional unpaid partner leave.
29.5
Foster Parent Leave
(a)
From the time that the child enters their care an employee acting as the primary carer
of a foster child on a long term placement will be entitled to 52 weeks of unpaid leave
minus any period of paid leave pursuant to subclauses 29.5(b)(i) and (ii) below.
(b)
An employee will be entitled to paid foster parent leave of:
(i)
3 weeks on full payor 6 weeks leave on half pay if the child is younger than
five years; or
31
(ii)
2 weeks on full payor 4 weeks leave on half pay if the child is five years and
over.
29.6
General Conditions of Parental Leave
(a)
Unless it is impracticable, an employee will provide their supervisor with at least 10
weeks' notice ofthe intention to take parental leave and at least 4 weeks' notice of the
date when the parental leave will commence.
(b)
An employee who has taken maternity leave will not be eligible for partner leave in
respect of the same child.
(c)
All forms of paid parental leave may be taken by either parent, except that where both
parents are employed by UNSW Global, one employee's paid adoption leave
entitlement will be reduced by any period of paid adoption leave taken by the
employee's partner (including same-sex partner).
(d)
Appropriate certification relating to the birth or adoption of the child and, where
appropriate, the employee's legal responsibility must be produced if required by
UNSW Global.
(e)
Ifrequested by an employee, any paid portion of parental leave may be paid as a lump
sum.
(f)
UNSW Global will consider any request by an employee pursuant to subclause
29.3(e) and subclause 29.12(a) having regard to UNSW Global's circumstances and,
provided the request is genuinely based on the employee's parental responsibilities,
may only refuse the request on reasonable grounds related to the effect on the work
unit or UNSW Global's business. Such grounds might include cost, lack of adequate
replacement staff, loss of efficiency and the impact on customer service.
29.7
Fixed-term Appointments
(a)
An employee employed on a fixed-term contract of employment will cease to have an
entitlement to parental leave upon the expiration of the contract, except as provided
for in subclauses 29.7(b) and (c) below.
(b)
An employee employed on a fixed term contract of employment whose contract
expires when she is at least 20 weeks' pregnant, and whose employment is not
continued beyond the expiry date of the contract, will be entitled to payment of the
full paid maternity leave in accordance with subclause 29.3 unless:
(i)
(ii)
(c)
she was offered and refused another contract of employment broadly
comparable to her existing position; or
a significant majority of the duties and responsibilities of the existing position
are no longer being performed.
An employee employed on a fixed term contract who is on maternity leave at the
expiry of the contract and who is subsequently employed on a further employment
contract for the same position after a gap in time, not being longer than the period of
32
parental leave would have been, will be entitled to the full paid maternity leave
entitlement subject to fulfilling the eligibility requirements set out in this clause.
29.8
Casual Employees
(a)
A casual employee who is pregnant will be entitled to 14 weeks of maternity leave on
full pay and 38 weeks of unpaid maternity leave provided that:
(i)
she has been employed by UNSW Global on a regular and systematic basis for
a continuous period of at least 24 months, including breaks in service not
exceeding 4 months, immediately prior to the pregnancy; and
(ii)
she has not accessed paid maternity leave from any other employer for the
pregnancy.
All other casual employees employed on a regular and systematic basis for several
periods of employment or on a regular and systematic basis for an ongoing period of
employment during a period of at least 12 months, and has a reasonable expectation of
ongoing employment, will be entitled to take up to 52 weeks of unpaid leave.
(b)
Notwithstanding subclause 29.8(a), a casual employee will not have an entitlement to
re-employment at the end of a period of approved maternity leave.
(c)
A casual employee who takes maternity leave will remain an employee of UNSW
Global for the period of maternity leave.
(d)
Where a casual employee declares a desire to return to work following a period of
maternity leave but work no longer exists, the employee will cease employment as at
the last day of maternity leave. However, the work unit in which the casual employee
was employed will give reasonable consideration to the employee for suitable casual
work.
(e)
A casual employee who receives paid maternity leave will be paid at a fortnightly rate
of pay equal to the average fortnightly rate of pay the employee was paid over the 12
months immediately preceding the date on which maternity leave is commenced. The
full amount of the maternity leave will be paid to the casual employee at the
commencement of the maternity leave.
29.9
Continuity of Service and Other Conditions of Employment
(a)
Incremental progression will continue during periods of paid parental leave and where
the employee has either been at work or on paid leave for at least 6 months of the
previous 12 month period.
(b)
An employee may elect to cover any of the period of unpaid parental leave by taking
accrued annual leave and/or long service leave.
29.10 Unplanned Cessation of Parental Leave
(a)
If parental leave has commenced, or has been approved but not commenced:
33
(i)
in the case of maternity leave, the pregnancy of the employee terminates other
than by the birth of a living child, or the employee's child dies during the
period that the staff member is on leave; or
(ii)
in the case of adoption leave, the child dies during the period that the
employee is on such leave.
(b)
In each of the circumstances referred to at subclauses 29.l0(a), parental leave will
cease on the date of the death of the child or the date of the unplanned cessation.
Commencing the following day, an employee will be entitled to be absent from duty
on special maternity/adoption leave for a period of up to 14 weeks payable at their
base rate of pay. Unless an earlier date is agreed between the employee and the
University, the employee will return to duty at the completion of this period.
(c)
In addition to the 14 weeks of paid leave provided for in subclause 39.5.6(b), an
employee may apply for and be granted further leave such as sick leave,
compassionate leave, annual leave, or long service leave as prescribed in this
Agreement.
(d)
Documentation will be required to support any period of leave pursuant to subclause
29.l0(a) above.
29.11 Resumption of duty
(a)
On finishing parental leave, an employee is entitled to resume work in the position he
or she held immediately before commencing parental leave except that:
(i)
if the employee was transferred to a safe job because of her pregnancy, the
relevant position is the position held immediately before the transfer;
(ii)
if the employee began working part-time because of the pregnancy, the
relevant position is the position held immediately before the employee began
working part-time;
(iii)
if immediately before starting parental leave the employee was acting in or
temporarily performing the duties of a position for a period equal to or less
than the parental leave, then the relevant position is the position held by the
employee immediately before taking the acting or temporary position.
(b)
An employee on parental leave will be consulted in accordance with clause 18 Managing Change in the Workplace - of this Agreement concerning any significant
workplace change affecting the position they held before commencing parental leave.
(c)
If that position no longer exists, UNSW Global will employ the employee in a
position commensurate with the classification and duties of the position the employee
was performing immediately prior to taking parental leave.
34
(d)
If no such position is identified, the employee may be retrenched with the appropriate
retrenchment benefit in accordance with clause 18 - Managing Change in the
Workplace - of this Agreement.
(e)
An employee may negotiate with UNSW Global to return to work from a period of
parental leave earlier than the date originally approved.
29.12 Return to Work on a Part-Time Basis
(a)
A full-time employee on a period of parental leave may return to work on a part-time
basis for a defined period following the completion of the parental leave. An
employee may request to extend the defined period until the child reaches school age.
(b)
An application to return to work on a part-time basis must be made at least 8 weeks
prior to the completion ofthe parental leave.
(c)
If it is not practicable for an employee to resume work on a part-time basis in the
position which he or she held prior to taking parental leave, the employee will be so
advised. If in such circumstances UNSW Global identifies a suitable vacant position
to which the employee may be placed on a part-time basis, and the employee agrees,
the employee will be placed in the alternate position and be paid the appropriate
proportion of the salary applicable to their former substantive position for the period
of part-time employment.
(d)
At the conclusion of the period of part-time employment, the employee will return to
their substantive position on a full-time basis. If the former position occupied by the
employee prior to taking parental leave no longer exists, the provisions of subclause
29.l1(c) and (d) will apply.
30.0 SPECIAL LEAVE
(a)
Special leave with pay of up to 3 days per year may be given to an employee on
account of special circumstances or emergencies. Applications for special leave will
be considered on their merits.
(b)
Special circumstances or emergencies:
(c)
(i)
may include situations such as where the employee's home has been damaged
by fire, flood or other mishap, burglary, or where the employee is to take part
in state emergency services activities.
(ii)
do not include situations such as moving house, care of an immediate family
member, attendance at union state or national conferences or similar events or
other private business that the employee was aware of in advance sufficient to
use other forms of leave.
There is no entitlement to special leave if the leave sought coincides with any other
period ofleave.
35
31.0 OBSERVATION OF HOLY DAYS AND ESSENTIAL RELIGIOUS
OR CULTURAL DUTIES
An employee of UNSW Global will be granted annual leave or long service leave
(where the employee has an entitlement to annual leave or long service leave) or leave
without payor leave from accrued flexible working hours for the purpose of
observing holy days or attend essential religious or cultural duties associated with a
particular religious faith or culture.
32.0 JURY LEAVE AND WITNESS LEAVE
32.1
Jury leave
(a)
An employee required to serve as a juror will:
(i)
notify their supervisor of the dates of any absence from work expected as a
result of that service.
(ii)
provide UNSW Global with proof of the dates of attendance, and the monies
received for the jury service, other than any travel allowance.
(b)
UNSW Global will pay to the employee their full salary for the period of jury service,
but the employee is required to pay UNSW Global the money received for the jury
service, other than any travel allowance.
32.2
Witness leave
(a)
An employee required to attend as a witness should notify UNSW Global through
their supervisor of the dates of any absence from work.
(b)
An employee required as a witness by UNSW Global, or directly in a matter relating
to a UNSW Global award or industrial agreement, will be regarded as being on duty
and consequently there will be no loss of payor leave for the absence from work.
(c)
An employee called as a witness by a party other than UNSW Global, or in a matter
unrelated to UNSW Global, may choose to take leave without payor take annual
leave. Where this occurs, the employee must notify their supervisor in advance.
33.0 DEFENCE FORCES LEAVE
33.1
Amount of Leave
An employee may be granted paid leave to attend Defence Forces Reserves Training
programs or courses on the following basis:
Service
Navy
Army
Air Force
Annual Traininl!
13 calendar davs
14 calendar dayS
16 calendar days
School, class or course of instruction
13 calendar days
14 calendar dayS
16 calendar days
36
33.2
Additional Leave
(a)
Additional leave not exceeding four (4) calendar days in any period of 12 months may
be approved on written certification of its necessity by the employee's Commanding
Officer.
(b)
Any further leave may be granted and deducted from the employee's accrued annual
leave and! or long service leave or taken as leave without pay.
(c)
UNSW Global will consider on a case-by-case basis an application submitted by an
employee for paid leave in addition to the provisions referred to at subclauses (a) and
(b) above where UNSW Global is reimbursed for the employee's absence through a
scheme funded by the Commonwealth Government.
33.3
Refusal of Leave
UNSW Global may refuse an application for leave if it would be inconvenient to the
work unit to grant the leave requested.
34.0 STUDY AND EXAMINATION LEAVE
(a)
Where a supervisor approves a course of study being undertaken by an employee
which has direct relevance to their position, study time of half an hour for each one
hour of class contact time (or equivalent for distance education) is available up to a
maximum of four hours per week.
(b)
In addition to the study time referred to in subclause 34.0(a), additional time off may
be granted for the purpose of attending examinations required in the course of study.
35.0 PUBLIC HOLIDAYS
(a)
An employee will be entitled to observe the following days, or days proclaimed as
holidays in substitution for those days, without loss of pay:
New Year's Day
Australia Day
Canberra Day (UNSW@ADFAonly)
Good Friday
Easter Monday
Anzac Day
Queen's Birthday
Labour Day
Christmas Day
Boxing Day
August Bank Holiday (to be taken on the first weekday after Boxing Day) and
all other proclaimed Public Holidays for the state of NSW and the ACT (as
applicable)
37
(b)
Where a public holiday prescribed in this clause occurs during the period an employee
is absent on annual leave or sick leave, no deduction will be made for that day from
the employee's annual or sick leave entitlement.
(c)
All working days between Christmas Day and New Years Day will be deemed
concessionalleave.
PART G OTHER MATTERS
36.0 INDIVIDUAL FLEXIBILITY ARRANGEMENT
(a)
UNSW Global and an employee may agree to make an individual flexibility
arrangement to vary the effect of terms of the Agreement on any of the following
matters:
(i) salary sacrificing scheme; and
(ii) equalisation of salary.
(b)
The terms and conditions that apply to making an individual flexibility arrangement
are set out at Schedule 3 of this Agreement.
37.0 INDIGENOUS EMPLOYMENT AND EQUITY
(a)
UNSW Global is committed to implementing an Equal Employment Opportunity
Strategy and an Indigenous Employment Strategy as part of its overall Human
Resources Strategy during the life of this Agreement.
(b)
A key objective of the Equal Employment Opportunity Strategy will emphasise
programs to support the development of female staff into senior positions within
UNSW Global and measures to support the needs of staff with disabilities or family
responsibilities.
(c)
A key objective of the Indigenous Employment Strategy will be to work towards
achieving particular targets in relation to increasing employment and career
development opportunities for indigenous Australians.
38.0 IMPLEMENTATION COMMITTEE
(a)
The parties agree that for the purposes of facilitating the implementation of this
Agreement, an Implementation Committee will be established which will:
(i)
comprise two employees nominated by the Union and two management
representatives nominated by UNSW Global;
(ii)
meet at the request of either party to this Agreement to discuss issues arising
out of, and to develop strategies for, the implementation of this Agreement;
and
(iii)
be cognisant of the special needs ofEEO groups.
38
(b)
UNSW Global will provide reasonable paid time to those employees referred to in
clause 37(a)(i) to attend meetings held by the Implementation Committee.
(c)
UNSW Global will upon request provide information to employees twice-yearly on
the number of employees employed on continuing, fixed term and casual
employment.
39.0 COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
(a)
UNSW Global will compensate an employee to the extent of damage sustained to
personal property where such damage is sustained:
(i)
due to the negligence of UNSW Global, another employee, or both, in the
execution of their duties;
(ii)
by a defect in UNSW Global's materials or equipment, or
(iii)
where an employee has protected or attempted to protect UNSW Global's
property from loss or damage.
(b)
For the purposes of this clause, personal property means an employee's clothes,
spectacles, hearing-aid or tools of trade which are ordinarily required for the
performance of duties.
(c)
This clause will not apply when an employee is entitled to payment under the relevant
workers' compensation legislation for such damage.
40.0 OCCUPATIONAL HEALTH AND SAFETY (OH&S)
(a)
UNSW Global is committed to meeting its statutory obligations under the prevailing
OH&S legislation applying to UNSW Global.
(b)
UNSW Global will ensure that consultation and provision of information relating to
OH&S is a priority.
(c)
UNSW Global will orgauise a meeting of its OH&S Committee to deal with any
OH&S concerns raised by employees, upon request from an employee (or their
chosen representative).
(d)
UNSW Global will provide and maintain adequate first-aid facilities (see subclause
11.2 for details on the allowance payable to an employee serving as a First Aid
Officer).
41.0 UNION ARRANGEMENTS
(a)
An employee who has been appointed by the Union to act as an employee
representative will be allowed reasonable paid time by UNSW Global to conduct their
representative activities.
39
(b)
An employee appointed to act as an employee representative will be allowed
reasonable paid leave of absence by UNSW Global to attend a training course or
courses relevant to their duties as an employee representative. The maximum number
of hours of paid time that UNSW Global will approve for attendance at a training
course or courses will be seventy (70) per annum, regardless of the number of
employees appointed to act as an employee representative.
42.0 EMPLOYEE PERSONNEL FILES
An employee will be able to view their personnel file and should be advised of any
adverse reports or documents relating to performance placed on that file.
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PARTH
SCHEDULE 1
FULL-TIME SALARY RATES (PER ANNUM)
LANGUAGE FACILITATOR
Step Current
Salary
Rates
48,401
1
2
51,642
55,029
3
4
58,414
61,799
5
6
65,181
68,569
7
From 1 January 2011
From 1 January 2012
50,337
53,708
57,230
60,751
64,271
67,788
71,312
52,350
55,856
59,519
63,181
66,842
70,500
74,164
SENIOR/SPECIALIST TEACHER
Step Current
Salary
Rates
1
2
74,055
75,426
From 1 January 2011
From 1 January 2012
77,017
78,443
80,098
81,581
PRINCIPAL SENIOR/SPECIALIST TEACHER
Current Salary
Rate
78,854
From 1 January 2011
From 1 January 2012
82,008
85,288
From 1 January 2011
From 1 January 2012
85,573
87,712
88,996
91,220
HEAD OF STUDIES
Step
1
2
Current
Salary
Rates
82,282
84,338
PRINCIPAL HEAD OF STUDIES
Current Salary
Rate
89,140
From 1 January 2011
From 1 January 2012
92,706
96,414
41
SCHEDULE 2
CASUAL SALARY RATES (PER HOUR)
LANGUAGE FACILITATOR - CLASSROOM
Step Current Salary
Rates
(i)
$60.32
(ii)
$70.20
From 1 January 2011
(24%)
$63.36
$73.74
From 1 January 2012
$65.55
$77.45
(i) Rate payable for:::: 3 years FTE experience
(ii) Rate payable for> 3 years FTE experience
LANGUAGE FACILITATOR - NON CLASSROOM
Step Current Salary
Rates
(i)
(ii)
$37.96
$40.89
From 1 January 2011
From 1 January 2012
$39.87
$42.95
$41.88
$45.12
(ii) Rate payable for:::: 3 years FTE experience
(ii) Rate payable for> 3 years FTE experience
SENIOR/SPECIALIST TEACHER - CLASSROOM
Current Salary Rate
$70.20
From 1 January 2011
From 1 January 2012
$73.74
$77.45
SENIOR/SPECIALIST TEACHER - NON-CLASSROOM
Current Salary Rate
$46.28
From 1 January 2011
From 1 January 2012
$48.61
$51.06
CASUAL CULT(*) AND PEAT(**) HOURLY MARKING RATE
Current Salary Rate
$55.90
From 1 January 2011
From 1 January 2012
$58.72
$61.68
(*) Combined University Language Test - English test for students ofNESB for university
entrance
42
(* *) Professional English Assessment Test - test for overseas trained teachers
PEAT WORKSHOP TEACHING RATE (OUTSIDE OF ORDINARY
HOURS OF WORK)
Current Salary Rate
$72.40
From 1 January 2011
From 1 January 2012
$76.05
$79.88
43
SCHEDULE 3
INDIVIDUAL FLEXIBILITY ARRANGEMENT
(1)
UNSW Global and an employee covered by this Agreement may agree to make an
individual flexibility arrangement to vary the effect of terms of the Agreement as
follows and on the terms stated:
(a) Any of the following matters:
(i)
salary sacrificing scheme; and
(ii)
equalization of salary.
(b) the arrangement meets the genuine needs of UNSW Global and an employee
in relation to one (1) or more of the matters mentioned in paragraph (a) above;
and
(c) the arrangement is genuinely agreed to by UNSW Global and the employee.
(2)
UNSW Global must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if
no arrangement was made.
(3)
UNSW Global must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the names ofUNSW Global and the employee; and
(c) is signed by UNSW Global and the 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 Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and
conditions of their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
(4)
UNSW Global must give the employee a copy of the individual flexibility
arrangement within 14 days after it is agreed to.
(5)
UNSW Global or the employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the
arrangement; or
(b) if UNSW Global and the agree in writing - at any time.
44
SIGNATURES OF BARGAINING REPRESENTATIVES
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Signed for and on behalf of
UNSW Global Pty Limited
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in the presence of
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[Print name1
Date
45