UNSW (Academic Staff)
Enterprise Agreement 2000
15 March 2000
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1.0
TITLE
This Agreement shall be known as the University of New South Wales (Academic Staff) Enterprise Agreement 2000.
2.0
ARRANGEMENT
Clause
Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Clause Title
Title
Arrangement
Definitions
Objects
Duration and Operation of Agreement
Application
Awards and Employment Related Documents
Implementation Committee and Consultation between the Parties
Managing Change in the Workplace
Redundancy Provisions
Casual Employment
Leave
Probationary Employment
Termination of Employment and Disciplinary Action
Special Studies Program Leave
Salary and Superannuation
Performance Based Incremental Progression
Salary Sacrificing Scheme
Voluntary Early Retirement
Termination of Employment on the Grounds of Ill Health
Staff Development
Academic Workloads
Cashing Out of Long Service Leave
Doctoral Fellows
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25
26
27
28
29
30
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Schedule 8
Schedule 9
Schedule 10
Dispute Settling Procedures
Equity
Staff Personnel Files
Occupational Health and Safety
No Extra Claims
Availability of Agreement
Academic Salary Rates for Full-Time Academic Staff
Casual Academic Salary Rates (Part-time non-Fractional)
Leave Entitlements
UNSW Position Classification Standards
Academic Incremental Progression Scheme
Guidelines for Appointment of Academic Research Staff
Salary Sacrificing Scheme
Relocation Allowances Associated with subclause 10.6.4
Tertiary Education Superannuation Scheme
Higher Education Continuing Employment Schedule
3.0
DEFINITIONS
3.1
In this Agreement the following definitions shall apply:
“academic” or “academic staff” shall mean all persons employed by the University as referred to in:
(i)
Schedule 4; or
(ii) Schedule 6; or
(iii) clause 11; or
clause 24.
“casual academic” shall mean an academic who is employed on a part-time (non-fractional) basis.
“consultation” shall mean that the parties will confer and that the views expressed by both parties shall be taken into account before final
decisions are made.
“continuous service” shall mean that period of service not including breaks in service of up to six weeks.
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“disciplinary action” shall mean action by the University to discipline an academic for unsatisfactory performance, misconduct or serious
misconduct and is limited to:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
counselling;
formal censure;
demotion by one or more classification levels or increments;
withholding of an increment;
suspension with or without pay;
termination of employment.
“misconduct” shall mean conduct which is not serious misconduct but nonetheless is conduct which is:
(i)
(ii)
misbehaviour of a kind which constitutes an impediment to the carrying out of an academic's duties or to an academic's colleague(s)
carrying out his/her duties; or
dereliction of the duties required of the academic office.
“negotiation” shall mean that the parties shall confer with a view to reaching a consensus on proposed changes.
“serious misconduct” shall mean:
(i)
serious misbehaviour of a kind which constitutes a serious impediment to the carrying out of an academic's duties or to an academic's
colleague(s) carrying out his/her duties; and/or
(ii) serious dereliction of the duties required of the academic office; and/or
(iii) conviction by a court of an offence which constitutes a serious impediment of the kind referred to in paragraph (i).
“ìthe Actî” shall mean the Workplace Relations Act 1996.
“the Deputy Vice-Chancellor” shall mean the Deputy Vice-Chancellor (Academic Affairs) or successor position.
“the Staff Association” shall refer to the UNSW Branch of the National Tertiary Education Industry Union (NTEU).
“the University” shall refer to the University of New South Wales (UNSW).
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“the Union” shall refer to the National Tertiary Education Industry Union (NTEU).
“the Vice-Chancellor”, with the exception of clauses 14.0 and 10.8, shall mean the Vice-Chancellor or his/her nominee. For clauses 14.0 and
10.8, “the Vice-Chancellor” shall mean the Vice-Chancellor or Acting Vice-Chancellor.
3.2
The parties agree to discuss the development of definitions for unsatisfactory performance and misconduct/serious misconduct and if agreement is
reached the parties will apply for inclusion as a variation to this Agreement in accordance with section 170MD of the Workplace Relations Act
1996.
4.0
OBJECTS
This Agreement represents the negotiated and agreed intentions of the parties to this instrument to:
a)
as indicated in the University Plan, provide for the participation of academics in examining in a serious and far reaching manner a range of
changes which might be implemented to keep UNSW on course to its mission of emphasising excellence in research and teaching, international
involvement and interaction with the community in order to earn world-wide recognition as a University of outstanding quality;
b)
increase employment and development opportunities in the University for Indigenous Australians as part of its commitment to reconciliation with
Indigenous Australian people;
achieve ongoing improvements in productivity, efficiency, effectiveness, quality, flexibility and equity;
support equal opportunity and anti-discrimination initiatives for academics and affirmative action for EEO groups, and work toward pay equity and
gender balance;
develop strategies that enhance the University's position as a leading tertiary education and research provider;
strengthen the University's ability to attract and retain academics of the highest quality by rewarding performance, achieving diversity and encouraging
strong staff commitment to the goals of the University;
ensure the development of appropriate consultation processes that enable the University to provide the highest quality of teaching, research and service to
the community;
create dialogue that ensures that the principles of equity, fairness and tolerance of diverse views are central to the ethos of the University community;
encourage staff to work together to ensure that the University can most effectively manage its own future;
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recognise and reflect the vital role and value of staff;
enable academics with family responsibilities to participate fully in the University by developing and extending employment options and support which
recognises issues affecting such academics and by encouraging and supporting varied work arrangements such as part-time work, job share and
working from home; and
provide a safe working environment in accordance with relevant legislation.
DURATION AND OPERATION OF AGREEMENT
5.1
The provisions of this Agreement shall take effect on and from the date of certification and shall remain in force until 13 March 2003.
The parties agree to reopen negotiations if or when the Federal Government changes its approach to the funding of salaries for higher education
employees. The negotiations will be directed towards varying this Agreement in accordance with section 170MD of the Act.
The parties agree to discuss during the life of the Agreement measures to reward and recognise staff which may include performance based
mechanisms.
5.2
The parties undertake to re-open negotiations at least three months prior to the expiry date of this Agreement with a view to negotiating and
settling any replacement agreement.
6.0
APPLICATION
6.1
This Agreement shall be binding upon:
(a)
the National Tertiary Education Industry Union; and
(b)
the University of New South Wales
and applies, according to its terms, to all academics employed by the University of New South Wales except as provided in subclause 6.2.
6.2
This Agreement shall exclude staff employed at the Institute of Languages.
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7.0
7.1
AWARDS AND EMPLOYMENT RELATED DOCUMENTS
This Agreement replaces and rescinds the University of New South Wales (Academic Staff) Enterprise Agreement 1997-98.
This Agreement shall be read in conjunction with the following Awards (or their successors as a result of any Australian Industrial Relations
Commission (AIRC) variation to the current Awards or action by the AIRC in accordance with Award Simplification) provided that if there is
any inconsistency between this Agreement and the Award, this Agreement shall prevail to the extent of the inconsistency:
Australian Universities Academic and Related Staff (Salaries) Award 1987;
Universities and Post Compulsory Academic Conditions Award 1995;
Australian Higher Education Practice Teaching Supervision Award 1990;
Higher Education Contract of Employment Award 1998; and the
Tertiary Education Superannuation Scheme (TESS) - Superannuation Award 1988.
The provisions of Schedule 9 and Schedule 10 of this Agreement will apply and will replace the Tertiary Education Superannuation Scheme Award 1988
and the Higher Education Contract of Employment Award 1998 respectively in their entirety.
The provisions of Schedule 4 of this Agreement (UNSW Position Classification Standards) will apply.
8.0
IMPLEMENTATION COMMITTEE AND CONSULTATION BETWEEN THE PARTIES
8.1
For the purposes of facilitating the implementation of this Agreement, an Implementation Committee will be established comprising equal
numbers of persons nominated by the Union and the University.
8.2
The Implementation Committee will meet at the request of a party to this Agreement to discuss issues arising out of, and to develop strategies to
support, the implementation of this Agreement.
The Implementation Committee will be cognisant of the special needs of EEO groups.
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The parties agree that the issue of appropriate remuneration for academics engaged in distance learning activities should be referred to the
Implementation Committee for consideration. If the parties reach agreement on this matter the parties further agree to vary this Agreement
accordingly.
The Implementation Committee will be involved in the further development of policy to support family friendly work arrangements.
The University recognises that employees may, from time to time, request that the University provide reasonable periods of time to consult with their
union representatives.
8.7
The Implementation Committee will investigate whether the University requires particular licences to be held by academic staff as part of their
employment conditions. If such cases exist, the Implementation Committee will discuss whether reimbursement to academic staff for such
licences should form a clause for any replacement enterprise agreement.
9.0
MANAGING CHANGE IN THE WORKPLACE
9.1
Principle
9.1.1
The parties to this Agreement acknowledge that sound management of workplace change requires the involvement of the people who will be
directly affected by that change.
This clause sets out processes to be followed in development of workplace change proposals. While affected staff should always be consulted, minor
workplace changes may be made through a less formal process.
Throughout any change process the University will strenuously explore options to avert job loss.
Job Security
The University is committed to the priority of maintaining the overall size of the academic workforce during the life of the Agreement.
Where the University wishes to restructure, it shall manage any proposed reductions in staff in accordance with this clause and where possible through
natural attrition, voluntary separations, fixed term retirement contracts, leave without pay, voluntary conversion to part time employment, long service
leave, secondment or internal transfer.
Forced retrenchments shall only be used as an absolute last resort. The University will use all reasonable endeavours to avoid forced retrenchments.
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The reasons for forced retrenchments, while governed by the provisions of subclause 10.2 of this Agreement, will normally be limited to:
a drop in student numbers sufficiently serious to make it necessary to reduce academic staff positions; and/or
where ongoing financial difficulties in a particular School/Faculty makes it necessary to reduce academic staff positions.
At the point that a drop in student numbers, and/or emerging financial difficulties suggest that job security could be affected, the University will give
reasonable notice of this to staff, within the context of subclause 9.2 of the Agreement.
9.2
Preliminary Consideration of Change
9.2.1
The parties accept that there often will be consideration of issues in Faculties and Schools prior to the development of a specific change proposal.
Where these considerations appear likely to lead to the development of a specific change proposal as envisaged in subclause 9.3, such discussions
should involve all academics liable to be directly affected as soon as practicable.
9.2.2
Where it can be reasonably anticipated by the University that a proposed change will have a significant impact on an academic’s work load, work
practices, working conditions or employment prospects, a specific change proposal will be developed as soon as practicable.
9.3
The Change Process
9.3.1 The change process will be initiated by the University issuing a Discussion Paper, as prescribed in subclause 9.3.4, to academics likely to be
directly affected that describes the proposed workplace change.
Academics likely to be directly affected will have an opportunity to discuss the change proposal and contribute to the process and the timeframe that will
be used by the University for developing and examining the proposal.
9.3.3 The Discussion Paper will normally be issued to employees at a meeting arranged for the purpose of allowing employees and the unions the
opportunity to initially comment on the change proposals. There will be at least 10 days notice of the meeting for unions to arrange
representation and adequate time for all employees affected to organise their participation in this meeting.
9.3.4 The Discussion Paper referred to in subclause 9.3.1 shall include where appropriate the extent, timeline and nature of the change proposal,
reasons for the change, the aim of the change, timeframe for consideration of the change proposal, any significant workload implications, and if
any of the points in subclause 9.3.6 are likely, relevant financial information including the likely number, if any, of redundancies or relocations
and whether the change proposal may have a disproportionate effect on a particular EEO group.
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9.3.5 An academic is entitled to seek the advice or assistance of his/her Union.
9.3.6 If it is anticipated that one or more of the following will occur:
(a)
relocating academics;
(b)
redundancies including voluntary separations;
(c)
changing hours of operation;
(d)
introducing significant technological change;
(e)
changing work practices;
significant change in the workload of an academic; or
(g)
outsourcing, or the transfer of university functions to a UNSW controlled entity.
the Head of the work unit concerned will advise the Manager, Employee Relations or nominee, who will forward a copy of the change document
to the Union.
In the circumstances referred to in subclause 9.3.6 affected academics will be involved in the examination of the change proposal.
This will include the opportunity for academics likely to be affected by the proposed change and the Union to:
receive the written change proposal and relevant information related to that proposal (including the changes proposed, implications for
academics, the number and categories of academics likely to be affected, rationale for the changes, relevant financial information, measures
proposed to mitigate adverse effects of the proposal on academics, and the timeframe for the change and for discussing the change);
hold a meeting(s) of academics to discuss and examine the change proposal and develop responses;
upon request, have a meeting or meetings with the relevant Head of the work unit to discuss the proposal; and
provide a response to the change proposal and to any further recommendation papers prepared by the University.
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9.3.8 Following the process in 9.3.1 to 9.3.7 above the University will issue documentation that sets out any changes recommended and the rationale
for such changes (the Recommendations Paper). Employees who may be directly affected and the Union will be issued with a copy of the
Recommendations Paper and will have an opportunity to comment on it.
As a result of the implementation of any recommendation resulting in changes referred to in subclause 9.3.6, any matter regarding the particular
employment conditions of an academic directly affected will be negotiated with that academic. The academic may request that the Union be a
party to those negotiations.
Potential Job Loss During Managing Change Process
Where it is envisaged, following the distribution of a Discussion Paper, that there is the potential for the loss of academic positions, the University will
consult with the academic(s) likely to be affected and the Union on the likely number and categories of positions that may be affected, ways to
avert potential job loss, or measures to minimise the adverse effects of job loss.
Measures referred to in subclause 9.4.1 may include leave without pay, long service leave, secondment, conversion to fractional employment, preretirement contracts, voluntary exit packages, or internal transfer.
Where it is envisaged that there will be a loss of academic positions, academics directly affected will be notified in writing and will be advised that they
have a period of at least 10 working days to submit an expression of interest in any of the measures referred to in subclause 9.4.2.
Where it appears likely that forced retrenchments might be necessary, the University will consult with the academic(s) directly affected and the Union
about the criteria that will be used to determine, as part of the clause 10.0 process, which position(s) are to be declared redundant.
An academic is entitled to seek the advice or assistance of his/her Union.
UNSW Corporate Entities
In the case of a University activity being transferred to a UNSW corporate entity the provisions of this Agreement will continue to prevail for both
existing and new employees to whom this Agreement would otherwise apply until new employment conditions for the employees of the controlled entity
have been formalised through the relevant industrial tribunal.
10.0
REDUNDANCY PROVISIONS
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10.1
The provisions of this clause will not apply in circumstances where the University and an academic negotiate a voluntary separation package as
part of the clause 9.0 process.
Where, following the clause 9.0 process, there is a recommendation from the Head of the work Unit or other appropriate officer to declare one or more
positions redundant which may lead to the termination of employment of one or more academics for reasons of a technological, structural,
economic or similar nature including:
(a)
a decrease in student load in any academic course or subject or combination or mix of courses or subjects conducted on one or more
campuses;
(b)
a decision to cease offering or to vary the academic content of any course or subject or combination or mix of courses or subjects
conducted on one or more campuses;
(c)
financial exigency within an organisational unit or cost centre; or
(d)
changes in technology or work methods,
the Director Human Resources will notify the affected academic(s) in writing that his/her position is to be declared redundant, his/her
employment may be terminated, the reason for this, and the time line for this action. The letter from the Director Human Resources will also
advise the academic(s) that he/she can:
seek to be redeployed (subclause 10.6); and/or
request a review of the decision to declare his/her position redundant in accordance with subclause 10.5.
The letter from the Director Human Resources will signal the commencement of the Transition Period.
10.3
The academic(s) may seek the advice or assistance of the Union.
10.4
Transition Period
10.4.1
An academic who has been advised in writing by the University that his/her position is declared redundant under subclause 10.2 will enter into a
Transition Period of 8 weeks.
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10.4.2
By no later than the end of the Transition Period, an academic shall, if no other arrangement has been mutually agreed between the University
and the academic, advise the University if he/she wishes to pursue either redeployment or a review of the decision to declare his/her position
redundant.
10.4.3
During the Transition Period an academic who has been advised in writing that his/her position has or may become redundant under subclause
10.2 shall have access to:
reasonable outplacement support;
a reasonable amount of time without loss of pay to attend job interviews or other job search activities; and
where agreed by the University, a program of retraining.
Reasonable travel and other expenses associated with (a), (b) and (c) shall be paid by the University, as determined by the Vice-Chancellor.
10.5
The Review
10.5.1
An academic who has been advised pursuant to subclause 10.2 that his/her position has been made redundant may apply to the Deputy ViceChancellor within 10 working days of such advice for a Review of that decision. The academic should indicate the basis upon which a Review
is sought.
10.5.2
Upon receiving such an application the Deputy Vice-Chancellor will immediately refer it to a Review Committee as described below.
10.5.3
The Review Committee
(a)
The Committee shall comprise of:
a nominee of the Deputy Vice-Chancellor;
the President of the Staff Association or nominee; and
a Chairperson who is mutually agreed by the parties within 5 working days or, failing that, one of the elected academic representatives of
the Academic Board or elected Presiding Members of the Faculties on the Academic Board. When the Chairperson comes from the
Academic Board he/she will be nominated by the President of the Academic Board with the agreement of the President of the Staff
Association and should not be a member of the same School as the academic concerned.
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(b)
The Committee must be convened within 7 working days of the matter being referred to the Deputy Vice-Chancellor and should complete
its deliberations within 15 working days.
(c)
Terms of Reference
The Committee shall consider whether the University, in coming to the decision to declare an academic’s position redundant:
complied with clauses 9.0 and 10.0;
acted fairly, properly, without discrimination and in accordance with the rules of natural justice; and
used fair and objective criteria to determine which position(s) should be declared redundant.
The Committee shall:
act in accordance with the principles of natural justice;
provide the academic with the opportunity to establish his/her case through a written and/or verbal submission;
allow the academic to be assisted in the presentation of his/her case by a UNSW colleague, or Union official or employee;
allow the academic to see all documentation and hear all verbal submissions provided to the Committee, and have the opportunity to
respond to such documents and submissions; and
(v)
seek further material and documentation or interview other persons it believes appropriate.
If the Committee does not complete its deliberation within the timeframe referred to above, it must make application to the Deputy ViceChancellor for an extension of time, putting forward the grounds for the extension, and outlining the timeframe in which it will reach a
conclusion.
In the event that the Deputy Vice-Chancellor declines the request for an extension of time, the Committee will have 5 working days to
conclude its deliberations and deliver to the Vice-Chancellor a report based on its findings to that date.
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(f)
The Committee shall, after considering the information, provide a report with recommendation(s) to the Vice-Chancellor, to take into
account in making a determination.
(g)
Following a Review the Vice-Chancellor may choose to extend the time-frame for investigating possible redeployment of the academic by
2 weeks, if the academic wishes to be considered for redeployment.
10.6
Redeployment
10.6.1
An academic may notify the University at any stage during the Transition Period that he/she seeks redeployment.
The University shall investigate redeployment alternatives for an academic who has been notified of redundancy and who seeks to be redeployed, and
will make him/her aware of appropriate academic vacancies in teaching and research.
The University shall offer the academic redeployment to a suitable vacant position at the same classification level and for which he/she has the skills and
qualifications.
10.6.4
Where an academic is redeployed to a permanent position elsewhere that involves a geographic relocation, the University will compensate
him/her for all reasonable relocation expenses in accordance with Schedule 8 of this Agreement.
10.6.5
Where an academic is redeployed to a lower level position, placed on a program of retraining or otherwise maintains an employment relationship
with the University but in circumstances which would provide a reduced income, salary shall be maintained during the arrangement for a period
of 12 months.
10.7
Entitlement Period
10.7.1
An academic who has been notified by the University that his/her position has been made redundant under subclause 10.2 or who negotiates a
voluntary exit package under clause 9.0 will be entitled to be paid upon termination 22 weeks of salary (the Entitlement Period).
10.7.2
An academic who is retrenched, instead of receiving payment for 22 weeks under subclause 10.7.1, may apply to work all or part of the 22
weeks, provided that there are appropriate duties for him/her to undertake, which are mutually agreed and which will result in sufficient work
being available to occupy the time during which he/she is employed. If the University has no work for the academic he/she will receive the 22
weeks payment in accordance with subclause 10.9.1(b).
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Where the academic works for part of the 22 weeks he/she will receive, on retrenchment, payment for the balance of the 22 weeks of the
Entitlement Period not worked.
10.8
Retrenchment
10.8.1
The Vice-Chancellor may formally advise in writing any academic given notice under subclause 10.2 who has not elected to pursue one of the
options under subclause 10.5 or 10.6 above by the end of the Transition Period that his/her position has been made redundant, that his/her
employment is terminated and he/she shall be retrenched.
10.8.2
An academic who seeks redeployment or a Review but is unsuccessful in gaining redeployment or a favourable decision through the Review
process may be notified by the Vice-Chancellor in writing that he/she shall be retrenched.
10.9
Payments on termination
10.9.1
An academic who negotiates a voluntary separation during the clause 9.0 process or who is retrenched in accordance with clause 10.0 will
receive on termination of employment the following payments:
for a retrenched academic, payment in lieu of any unexpired period of the 8 week Transition Period; or for an academic who negotiates a
voluntary separation package in accordance with clause 9.0 the payment of the equivalent of 8 weeks salary;
payment in lieu of any unexpired period of the 22 week Entitlement Period;
payment of severance on the basis of 3 weeks salary for every completed year of service to a maximum of 52 weeks;
payment on a pro-rata basis for long service leave calculated on completed years of service;
payment of any recreation leave subject to subclause 1.4 of Schedule 3 of this Agreement; and
(f)
10.9.2
payment of any pro-rata leave loading.
All payments under subclause 10.9.1 shall be calculated on the academic’s salary at the date of cessation of employment. An academic who has
converted from full-time to fractional employment will receive payment based on the full-time salary for his/her service up to the conversion to
fractional employment and his/her payment from then on will be based on his/her fractional salary for the remaining period.
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10.9.3
“Salary” wherever it appears in this clause of the Agreement shall mean the amount paid to an academic including any salary supplementation,
market loading, clinical loading or responsibility allowance paid to him/her at the time that he/she is advised of his/her retrenchment.
10.9.4
If an academic retrenched in accordance with subclause 10.8 takes certified sick leave during the Transition Period or Entitlement Period, the
Transition Period shall be extended by up to a maximum of 8 weeks and the Entitlement Period shall be extended by up to 22 weeks, provided
that the sick leave is in accordance with the sick leave provisions of Schedule 3 of this Agreement.
10.9.5
Where the University agrees to a period of further employment prior to termination for a voluntary exit package or retrenchment which is
greater than 22 weeks, the academic shall be entitled to terminate his/her employment earlier than that agreed date and shall then forfeit payment
specified in subclause clause 10.9.1(b) but shall still be entitled to payment on termination described in subclause 10.9.1(c), (d), (e), and (f).
11.0
CASUAL EMPLOYMENT
Workforce
The parties do not believe that it would be in the interests of students, academics or the University generally for there to be a significant increase
in casual academic levels across the University.
Therefore the University will provide to the Union upon its request, but not more than twice a year (usually mid Session 1 and mid Session 2), a
list of casual academics by name, classification, work unit and hours worked for a particular pay period, for the purpose of monitoring the overall
use of casual academics across the University.
If the NTEU identify from the list provided by the University, a significant increase in the use of casual academics across the University, the
Union may then seek from the University:
11.2
(a)
confirmation of the increase in the use of casual academics;
(b)
the reason for the increased use of casual academics; and
(c)
the effect of any identified increase in the use of casual academics on the full-time and part-time academic profile.
Contract of Employment
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11.2.1 A casual academic may not be employed for teaching duties for more than an average of 8 hours per week in any one semester where lecturing
and/or tutoring duties are performed, and an average of 10 hours per week where demonstrating duties only are performed.
11.2.2 Casual academics should not be responsible for the engagement or supervision of other staff.
11.2.3 Casual academics are not expected to engage in research duties. For the purpose of this subclause preparation for teaching and course/subject
development is not regarded as research.
11.2.4
A casual academic who performs full subject coordination work shall be paid at the appropriate casual lecturer rate in Schedule 2 (1a to 1d) for
each hour of teaching.
11.2.5
Casual academic staff should only be involved in administration to the extent that it is necessary to support their teaching related function.
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11.3
Recruitment and Appointment
11.3.1
Advertisement and recruitment should as far as practicable reflect the procedures for fractional and full-time academics and may include
advertisement in advance and preparation of an eligibility list to draw on as required. Such a list would be advertised with a specific lifetime.
Even genuine "emergency" situations should comply where possible.
11.3.2
The University will inform applicants for a casual position that if they do not hear from the University within a specified time, they should
conclude that they have not been successful in gaining a position.
11.4
Offers of Employment
11.4.1
A person who is offered casual academic employment for a continuous period of more than 4 weeks will be given a written offer of employment
which will include:
(a)
a statement of duties to be performed;
(b)
relevant pay rates for each duty;
(c)
rights with respect to superannuation;
(d)
sources that can be contacted for further information about his/her employment including Human Resources Department, Equity Unit and
Salaries Section;
(e)
notification of the requirement to disclose other academic employment at the University as per subclause 11.5.3; and
(f)
an information sheet about the University generally.
11.5
Conditions
11.5.1
Casual academics shall be paid on a fortnightly basis in accordance with the offer of employment and the salary rates prescribed in Schedule 2.
11.5.2
Information regarding the employment procedures and terms and conditions of employment of casual academics including issues associated
with such employment shall be disseminated to all academics involved in the employment and supervision of casual academics.
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11.5.3
When responding to an offer of employment made under subclause 11.3 a casual academic must disclose any other academic employment
which is currently held at the University.
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11.6
Definitions and Duties
11.6.1 Lecturing and Tutoring
(a)
“Lecture” or “tutorial” means any educational delivery described as a lecture or tutorial respectively in a course or unit outline, or in an official
timetable issued by the University. A lecture or tutorial may be face to face teaching or tutoring respectively or equivalent delivery through a
different mode.
A tutorial is a supplementary form of education delivery where matters already covered elsewhere in a course are discussed, clarified or
elaborated. A tutorial is conducted in a small group to enable effective student participation. A tutorial is conducted in accordance with
guidelines issued by the lecturer in charge of the subject. Responsibility for the course rests with the lecturer in charge of the subject not the
casual academic.
The hourly rate of pay for lecturing or tutoring contained in Schedule 2 shall encompass the following activities in addition to the delivery of
lectures and/or tutorials:
(i) preparing of lectures or tutorials;
(ii) up to 20 minutes of marking for each one hour of teaching. The marking is for the group of students for whom the casual academic has direct
responsibility (e.g. 60 contact hours means that twenty hours of marking must be undertaken before further costs are incurred by the
University)
Academics in Schools/Departments will establish a time formula for marking in relation to different types of assessments within the
Schools/Departments. This formula will be used and reviewed every second year by the School/Department;
(iii) administration of relevant records of the students for whom the casual academic is responsible; and
(iv) informal consultation with students.
(b)
The total hours of work under this clause shall not normally exceed two extra hours for every hour of teaching time, however may involve more
than two hours in the case of 1a and 1b of Schedule 2.
11.6.2 Marking
22
Marking beyond that outlined in subclause 11.6.1 above, including marking of subject or course wide examinations, essays or other assessment tasks
shall be paid at the appropriate hourly marking rate as set out in Schedule 2.
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Demonstrating and Other Duties
Demonstration
(a)
Demonstration involves the performance of such duties as the conduct of practical classes by setting up or supervising the correct method of use
of equipment; issuing prepared instructions about experimental procedures or projects from the lecturer; supervising undergraduate students in
carrying out experiments or laboratory work and being a source of technical advice.
The hourly rate of pay for demonstrating and other duties encompasses one hour of student contact time only. Any work required outside the one
hour (marking, giving a lecture or tutorial, attending a meeting or lecture, preparation time or other duties) shall be paid as appropriate in
accordance with Schedule 2 of this Agreement.
Responsibility for the course rests with the lecturer in charge of the subject not the casual performing demonstrating or other duties.
Other Duties
(b)
Other duties includes all other that is required by the University to be performed by the casual academic, being work in the nature of, but not
limited to:
(i)
attendance at lectures, formally designated student consultation and student supervision;
(ii)
attendance at meetings including School and/or Faculty meetings as required by the Head of the academic unit;
(iii)
the conduct of practical classes, workshops, student field excursions;
(iv)
the conduct of clinical sessions other than for the Faculty of Medicine;
(v)
the conduct of performance and visual art studio sessions;
(vi)
development of teaching and subject materials such as the preparation of subject guides, reading lists, and basic activities associated with
subject coordination; and
(vii)
musical coaching, repetiteurship, and musical accompanying other than with special educational service specified in subclause 11.6.4.
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Additional Casual Duties
(c)
Any additional casual duties which the casual academic is required to perform beyond those outlined in subclauses 11.6.1, 11.6.2, and 11.6.3(a) and
(b) above shall be paid for separately at the appropriate rate contained in Schedule 2.
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11.6.4 Music Accompanying with Special Education Service
A casual academic required to provide music accompanying with directly associated non contact duties in the nature of preparation shall be paid at a rate
for each hour of music accompanying delivered according to Schedule 2. Music accompanying with special education service means the provision of
music accompaniment to one or more students or staff in the course of teaching by another member of the academic staff in circumstances where the
accompanist deploys educational expertise in repertoire development or expression for student concert or examination purposes but does not include
concert accompanying, vocal coaching or musical directing.
12.0
LEAVE
The provisions relating to various forms of leave that appear in Schedule 3 of this Agreement shall apply.
PROBATIONARY EMPLOYMENT
The provisions of clause 14.0 of this Agreement shall apply to any probationary employee.
A new employee may have a formal probationary period of up to 12 months and will be advised accordingly in the letter of appointment.
14.0
TERMINATION OF EMPLOYMENT AND DISCIPLINARY ACTION
14.1
Process
14.1.1
All decisions to discipline or terminate the employment of an academic for reasons other than in clauses 9.0, 10.0 or 20.0, must be in accordance
with this clause. Disciplinary action may take one of several forms (defined at clause 3) and will be determined by the Deputy Vice-Chancellor
or the Vice-Chancellor as prescribed by this clause. Provided that in the case of misconduct disciplinary action will be limited to (i) to (v) of
clause 3.
Disciplinary action should be used as a last resort.
14.1.2
Except as specifically provided herein to the contrary, the terms of this Agreement shall cover exhaustively the subject matter concerned, and
are to the exclusion of:
(a)
State and Territory law in respect of any matter subject to this Agreement; and
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(b)
any law of the Commonwealth or an internal Territory of the Commonwealth, in respect of which the Australian Industrial Relations
Commission has power to make an award which is not consistent with that law by reason of section 121 of the Act in respect of any matter
subject to this Agreement to the extent that this Agreement is not consistent with that law.
Provided that the provisions in this Agreement shall be subject to and shall not affect the operation of:
(i)
any law empowering a State or Commonwealth industrial tribunal to order re-instatement of or compensation to an academic or to
otherwise deal with the dismissal of that academic;
(ii)
any other law empowering any court or tribunal external to an employer which has jurisdiction to deal with any causes of action or
claims arising from actions taken by the University pursuant to this Agreement.
14.1.3
Any procedural requirements imposed by laws referred to in subclause (b) above are entirely displaced and extinguished by force of this
Agreement.
14.1.4
The University must not terminate the employment of an academic unless the academic has been given notice and/or compensation as required
by 170CM of the Act provided that:
14.1.5
(a)
the University may terminate without notice the employment of an academic found to have engaged in conduct of a kind envisaged in
section 170CM(1)(c) of the Act such that it would be unreasonable to require the University to continue employment during a period of
notice; and
(b)
greater notice and/or compensation specified in the academic's contract of employment or in this Agreement shall prevail over section
170CM of the Act.
This Agreement is to be read in conjunction with Division 3 of Part VIA of the Act provided that an academic shall be entitled to the benefit of:
(a)
any provision in this Agreement which is more favourable to the academic than any corresponding provision in the Act ; or
any procedural step required by the Agreement in addition to the required procedural steps of the Act.
14.1.6
Nothing in this clause shall be construed as excluding the jurisdiction of any external court or tribunal which, but for this clause, would be
competent to deal with the matter.
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14.2
(a)
Disciplinary Action for Unsatisfactory Performance
An academic supervisor must make every effort to resolve instances of possible unsatisfactory performance through guidance, counselling,
appropriate academic staff development, and/or appropriate work allocation before a possible report is made to the Deputy Vice-Chancellor.
Where a supervisor is of the view that the performance of an academic is unsatisfactory, the supervisor shall first counsel the academic on the
nature of the improvement required and the time within which reasonable improvement can be expected. The academic may request the
supervisor to seek the view of specific colleagues. A record of the counsel given shall be kept and a copy supplied to the academic concerned.
If the supervisor believes that it is appropriate, he/she may direct the academic to undertake a course of professional development or other
appropriate program(s) designed to assist in improving performance.
During this process the academic may be assisted by or seek the advice of the Union.
(b)
Where a supervisor believes that counselling and other appropriate development and guidance has not produced the desired improvements in
performance within a reasonable timeframe prescribed in subclause 14.2(a), the supervisor may make a formal report to the Deputy ViceChancellor that the performance of the academic is unsatisfactory. Such a report shall state clearly the aspects of performance seen as
unsatisfactory and the record of attempts to remedy the problem(s).
(c)
The supervisor shall provide the academic with a copy of the report at the time it is submitted to the Deputy Vice-Chancellor. The academic
shall be entitled to 10 working days to submit to the Deputy Vice-Chancellor a written response to the supervisor’s report.
(d)
Upon receipt of the supervisor’s report and any written response from the academic, the Deputy Vice-Chancellor may:
(i)
take no further action and advise the academic in writing, and may, with the agreement of the academic, publish the advice in an appropriate
manner; or
(ii)
refer the matter back to the supervisor with an indication of further action that should be undertaken to attempt to resolve the matter; or
(iii) counsel and/or censure the academic and take no further disciplinary action; or
(iv) refer the matter to an Unsatisfactory Performance Review Committee as referred to in subclause 14.2 unless the academic elects in writing
to have the Vice-Chancellor determine the matter without reference to the Unsatisfactory Performance Review Committee.
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(e)
14.2.1
(a)
The Deputy Vice-Chancellor will advise the supervisor and academic in writing of any decision made in accordance with subclause 14.2(d).
Unsatisfactory Performance Review Committee
Where the matter is referred to an Unsatisfactory Performance Review Committee, the Committee will report to the Vice-Chancellor and the
academic within 15 working days from the date on which the matter was referred to it by the Deputy Vice-Chancellor.
If the Committee does not complete its deliberation within the timeframe referred to above, it must make application to the Deputy ViceChancellor for an extension of time, putting forward the grounds for the extension, and outlining the timeframe in which it will reach a
conclusion.
In the event that the Deputy Vice-Chancellor declines the request for an extension of time, the Committee will have 7 working days to conclude
its deliberations and deliver to the Vice-Chancellor a report based on its findings to that date.
(b)
The terms of reference of the Committee shall be to report to the Vice-Chancellor on:
(i)
whether there is sufficient evidence to support the allegation of unsatisfactory performance;
(ii)
whether the procedures of subclause 14.2 have been followed; and
(iii) whether there are any mitigating circumstances.
(c)
(d)
The academic concerned will have 5 working days to make a further written comment to the Vice-Chancellor on the Committee’s report before
the Vice-Chancellor makes a decision.
The Vice-Chancellor, having taken due account of the Committee’s report and the academic’s further written comment, may then decide to:
(i)
take no further action and advise the academic in writing, and may, with the agreement of him/her publish the advice in an appropriate
manner; or
(ii)
take disciplinary action, if warranted, as defined in clause 3 of this Agreement.
(e)
The Vice-Chancellor shall advise the academic and the supervisor in writing of any decision made in accordance with subclause 14.2.1(d).
14.2.2
Composition of Unsatisfactory Performance Review Committee
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The Committee shall comprise:
a nominee of the Deputy Vice-Chancellor;
the President of the Staff Association or nominee; and
a Chairperson who is mutually agreed by the parties within 5 working days, or failing that, one of the elected academic representatives of the
Academic Board or elected Presiding Members of the Faculties on the Academic Board. When the Chairperson comes from the Academic
Board he/she will be nominated by the President of the Academic Board with the agreement of the President of the Staff Association and
should not be a member of the same School as the academic concerned.
14.2.3
Role of Unsatisfactory Performance Review Committee
A Committee established in accordance with subclause 14.2.2 shall consider the report of unsatisfactory performance by:
(a)
providing an opportunity for the academic to be interviewed by it and ensure that he/she has adequate opportunity to answer any allegation(s) of
unsatisfactory performance. The Committee may take into account such further materials as it believes appropriate to substantiate or otherwise the
facts in dispute;
(b)
interviewing any person or seeking further material that it requires to establish the merits or facts of the particular case;
(c)
allowing the academic to be assisted or represented by an agent of his/her choice who is an academic of the University (but not if such a person is a
currently practicing solicitor or barrister), or by an officer or employee of the Union;
(d)
conducting all interviews in the presence of the academic, the academic's advocate where the academic is represented, and the University’s
advocate;
(e)
conducting proceedings as expeditiously as possible so as to comply with the requirements of subclause 14.2.1 and with the need for fairness;
(f)
conducting proceedings in camera unless otherwise agreed by the academic and the University;
(g)
ensuring that the academic or his/her representative and the University’s advocate have the right to ask questions of interviewees, and to make
submissions. The academic shall have the right to present and challenge evidence; and
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(h)
keeping a taped record of the proceedings (but not its own deliberations), which shall be available on request to either party.
14.3 Disciplinary Action for Misconduct/Serious Misconduct
(a)
An allegation(s) of misconduct/serious misconduct will normally be resolved by the academic supervisor through guidance, counselling,
conciliation, or other appropriate action that may include staff development.
(b)
Where it is not appropriate for an allegation of misconduct/serious misconduct to be resolved in accordance with subclause 14.3(a) or where an
allegation has not been resolved in accordance with subclause 14.3(a) then a report of the allegation shall be made to the Deputy Vice-Chancellor.
The report shall provide information about the nature and details of the misconduct or serious misconduct allegation(s), and what steps were taken
to resolve the issue.
(c)
Suspension
If a report of an allegation of misconduct/serious misconduct is of a kind envisaged by section 170CM(1)(c) of the Act such that it would be
unreasonable for the University to continue the employment of the academic, the Deputy Vice-Chancellor may suspend the academic about
whom an allegation(s) has been made on full pay, or without pay. Further, the Deputy Vice-Chancellor may at any stage reconsider the issue of
the suspension of the academic.
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Provided that:
(i)
where suspension without pay occurs at a time when the academic is on paid leave of absence the academic shall continue to receive a
salary for the period of leave of absence;
(ii)
the academic may engage in paid employment or draw on any recreation leave or long service leave credits for the duration of the
suspension without pay; and
(iii)
the Deputy Vice-Chancellor may at any time direct that salary be paid on the ground of hardship.
During any period of suspension the academic may be excluded from the University, provided that he/she shall be permitted reasonable access to
the University for the preparation of his/her case and to collect personal property.
Where an academic has been suspended without pay pending a determination on disciplinary action by the Vice-Chancellor, then any lost income
shall be reimbursed if there is found to be no misconduct or serious misconduct. However, a decision taken by the Vice-Chancellor at his/her
discretion not to dismiss or impose another penalty shall not be construed as an admission that there was no conduct justifying suspension without
pay.
(d)
The Deputy Vice-Chancellor may refer a matter of alleged misconduct or serious misconduct back to the academic’s supervisor or other
appropriate University employee to attempt to resolve the matter through guidance, counselling, conciliation or other appropriate action.
(e)
If the Deputy Vice-Chancellor believes the report referred to in subclause 14.3(b) warrants further investigation, he/she shall:
(f)
(i)
notify the academic in writing and in sufficient detail to enable the academic to understand the precise nature of the allegation(s), and to
properly consider and respond to them; and
(ii)
require the academic to submit a written response within 10 working days.
If an allegation(s) is admitted by the academic and the Deputy Vice-Chancellor is of the view that the admitted conduct amounts to misconduct or
serious misconduct the Deputy Vice-Chancellor may counsel and/or censure the academic for the conduct, or refer the admission to the ViceChancellor who shall determine what disciplinary action will be taken.
32
(g)
If an allegation(s) is denied by the academic, the Deputy Vice-Chancellor shall investigate the matter. If the Deputy Vice-Chancellor is of the
view that there has been no misconduct or serious misconduct, having investigated the matter, he/she shall immediately advise the academic in
writing, and may, by agreement with the academic, publish the advice in an appropriate manner. Otherwise, the Deputy Vice-Chancellor may:
(i)
take no further action; or
(ii)
counsel and/or censure the academic; or
(iii)
refer the matter to the Misconduct Investigation Committee.
The Deputy Vice-Chancellor will advise the academic in writing of any decision made in accordance with this subclause.
The academic can, as an alternative to the Misconduct Investigation Committee, elect to have the matter investigated by an Investigator agreed by
the University and the academic or have the Deputy Vice-Chancellor’s report referred directly to the Vice-Chancellor who may deal with the
matter in accordance with subclause 14.3(j).
If the academic decides to have the allegation(s) referred to an Investigator, the University and the academic will also need to agree on the terms
of reference for the investigation. If agreement can not be reached between the University and the academic within 10 working days over the
appointment of an Investigator or the terms of reference for the investigation, the Deputy Vice-Chancellor shall take action in accordance with
subclause 14.3(g) (i),(ii) or (iii). If an Investigator is appointed, his/her task will be to investigate the allegation(s) in accordance with the terms
agreed by the University and the academic, and report to the Vice-Chancellor.
If the academic after being notified in writing has not responded to the allegation(s), the Deputy Vice-Chancellor, after investigating the matter
him/herself (including investigating possible reasons for the academic providing no response), may:
take no further action; or
counsel and/or censure the academic; or
refer the matter to a Misconduct Investigation Committee; or
(iv)
report to the Vice-Chancellor who shall take action in accordance with subclause 14.3(j).
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(i)
Copies of reports to the Vice-Chancellor from the Deputy Vice-Chancellor, the Misconduct Investigation Committee, or an Investigator will be
made available to the academic concerned who shall have the opportunity to make a written comment to the Vice-Chancellor in response to the
report within 5 working days of receipt of the copy of the report.
(j)
The Vice-Chancellor, on receipt of a report from a Misconduct Investigation Committee, or Investigator or Deputy Vice-Chancellor, and after
having considered any response to that report from the academic in accordance with subclause 14.3(i), may decide to:
(k)
(i)
take no further action and advise the staff member in writing, and may, with the agreement of the staff member publish the advice in an
appropriate manner; or
(ii)
if warranted, take disciplinary action, as defined in clause 3 and consistent with subclause 14.1.1.
The Vice-Chancellor shall advise the academic and the supervisor in writing of any determination made in accordance with subclause 14.3(j).
14 3.1 Misconduct Investigation Committee
(a)
The Committee shall report its findings to the Vice-Chancellor and the academic within 15 working days from the date on which the matter was
referred to it by the Deputy Vice-Chancellor.
If the Committee does not complete its deliberations within the timeframe referred to above, it must make application to the Deputy ViceChancellor for an extension of time, putting forward the grounds for the extension, and outlining the timeframe in which it will reach a
conclusion.
In the event that the Deputy Vice-Chancellor declines the request for an extension of time, the Committee will have 7 working days to conclude
its deliberations and deliver to the Vice-Chancellor a report based on its findings to that date.
(b)
The terms of reference of the Committee shall be to report to the Vice-Chancellor on:
(i) whether there is sufficient evidence to support the allegation(s) of misconduct and/or serious misconduct;
(ii) whether the procedures of subclause 14.3 have been followed; and
(iii) whether there are any mitigating circumstances.
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(c)
If, having considered the Committee's report, the Vice-Chancellor is of the view that there has been no misconduct or serious misconduct he/she
shall immediately advise the academic in writing, and may, by agreement with the academic, publish the advice in an appropriate manner.
(d)
The Vice-Chancellor, having taken due account of the Committee’s report and its findings related to the alleged misconduct or serious
misconduct, may take disciplinary action.
(e)
This clause in no way constrains the University from carrying out other investigations relating to the consequences of conduct of an academic or
former academic when required in the public interest, eg inquiring into the truth of research results.
14.3.2
Composition of the Misconduct Investigation Committee
The Committee shall comprise:
a nominee of the Deputy Vice-Chancellor;
the President of the Staff Association or nominee; and
a Chairperson who is mutually agreed by the parties within 5 working days, or failing that, one of the elected academic representatives of the Academic
Board or elected Presiding Members of the Faculties on the Academic Board. When the Chairperson comes from the Academic Board he/she will
be nominated by the President of the Academic Board with the agreement of the President of the Staff Association and should not be a member of
the same School as the academic concerned.
14.3.3
Role of the Misconduct Investigation Committee
A Committee established in accordance with subclause 14.3.2 shall:
provide an opportunity for the academic to be interviewed by it and ensure that he/she has adequate opportunity to answer any allegation(s). The
Committee may take into account such further materials as it believes appropriate to substantiate or otherwise the facts in dispute;
interview any person or seek further material that it requires to establish the merits or facts of the particular case;
allow the academic to be assisted or represented by an agent of his/her choice who is an academic of the University (but not if such a person is a
currently practicing solicitor or barrister), or by an officer or employee of the Union;
35
conduct all interviews in the presence of the academic, the academic's advocate where the academic is represented, and the University’s advocate;
conduct proceedings as expeditiously as possible so as to comply with the requirements of subclause 14.2.1 and with the need for fairness;
conduct proceedings in camera unless otherwise agreed by the academic and the University;
ensure that the academic or his/her representative and the University’s advocate have the right to ask questions of interviewees, and to make submissions.
The academic shall have the right to present and challenge evidence; and
keep a taped record of the proceedings (but not its own deliberations), which shall be available on request to either party.
15.0
SPECIAL STUDIES PROGRAM LEAVE
15.1
An academic shall be entitled to apply to undertake a Special Studies Program (SSP) provided that it will commence no sooner than three years
after entry on duty. The period of three years may be reduced if prior service at another university has been recognised for this purpose.
15.2
The University shall recognise prior continuous paid service with other Australian higher education institutions as qualifying service when
considering applications for SSP. Provided that if an academic has taken a period of time on SSP at another university, that period shall be
considered.
15.3
Eligibility for recognition of prior service with another University shall be dependent upon continuity of employment between the other
University and UNSW.
15.4
If there is not more than two months between the cessation of employment with another university and commencement with UNSW continuity
shall be deemed not to have been broken, but the period between cessation and commencement shall not be taken into account in determining
length of service for the purposes of this clause.
SALARY AND SUPERANNUATION
16.1
Salary
This Agreement provides for a salary increase of:
2% for all academics to whom the Agreement applies from 1 January 1999 (already paid);
1% from the commencement of the full pay period immediately following certification;
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2% from 12 May 2000;
2% from 2 March 2001;
2% from 1 March 2002; and
3.5% from 20 December 2002
(b)
Accordingly, notwithstanding any provision to the contrary in the Australian Universities Academic and Related Staff (Salaries) Award 1987,
the total minimum salaries for academics at the University shall be as set out in Schedule 1 for full-time academics and Schedule 2 for casual
academics. Fractional academics shall be paid at a pro rata rate based on the appropriate full-time salary.
(c)
Notwithstanding the above, no academic shall be paid a rate less than that which, but for the operation of this Agreement, would be payable
under an award of the Australian Industrial Relations Commission which applies to that academic.
Superannuation
16.2.1 The University will maintain, for existing staff, the current employer contributions and arrangements for superannuation that are in effect as of
the date of certification of this Agreement.
16.2.2 For new staff employed during the nominal term of this Agreement, the University will provide the same superannuation employer contributions
and arrangements as are currently provided to academic staff.
16.2.3 Subclause 16.2.2 will end as a term of this Agreement on the nominal expiry date of this Agreement.
37
17.0
PERFORMANCE BASED INCREMENTAL PROGRESSION
17.1
The provisions of this clause shall override the relevant provisions of the Australian Universities Academic and Related Staff (Salaries) Award
1987.
17.2
An academic will be entitled to progress by annual increments to the top of the relevant salary range in accordance with the provisions of the
Academic Salary Incremental Progression Scheme (April 1996) appearing at Schedule 5 of this Agreement.
17.3
Increments where approved will be paid from either 1 January or 1 July.
18.0
SALARY SACRIFICING SCHEME
18.1
Definitions
"Salary" means the salary, leave or other like payment prescribed for an academic from time to time in accordance with any award, certified
agreement or contract of employment for any work performed and for any leave taken or other absence by the academic during employment.
“ÌScheme”î means the salary sacrificing scheme for child care benefit, superannuation and the benefits listed in Schedule 7 of this Agreement as
well as any other benefits agreed by the parties.
"Amount" is the difference between Salary and the amount specified by the University from time to time as the value of the benefit received by
the academic under the University’s Scheme.
18.2
18.3.
By written agreement with the University, an academic may receive in lieu of Salary:
(a)
the benefit of services under the University’s child care scheme; and the benefit of an additional employer contribution to superannuation in
lieu of an academic’s contribution (where the Scheme allows this); or any other benefit (cash payment made for the benefit of the academic)
as agreed by the parties during the life of this Agreement.
(b)
an amount ("Amount") being the difference between Salary and the amount specified by the University from time to time as the value of the
benefit received by the academic under the University’s Scheme.
An academic will be entitled to enter into a salary sacrificing arrangement with the University pursuant to subclause 18.2 on the date of
appointment for new academics, or, on a fixed annual date for all other academics.
38
18.4
If an agreement is made under subclause 18.2 any other payment calculated by reference to the academic’s Salary and payable during
employment, or on termination of employment shall be calculated by reference to the Salary and not to the Amount.
18.5.
An agreement under subclause 18.2 will terminate if:
(a)
at any time the ìAmountî in subclause 18.2(b) is negative.
(b)
the academic withdraws from the Scheme by giving 8 weeks notice of an intention to withdraw from the Scheme.
18.6
Where an academic elects to receive a benefit as provided for in this clause every award and contract of employment applicable to that academic
and the University is varied as necessary so as to give effect to this clause.
18.7
Each academic who agrees to the Scheme shall enter into a written agreement which sets out the terms and conditions applying to the Scheme.
The agreement should clarify the impact on the academic’s net pay, any new legal obligations associated with the sacrificing arrangements, and
make provision for the academic to receive updates on the Scheme.
19.0
VOLUNTARY EARLY RETIREMENT
Where the University chooses to offer a voluntary early retirement scheme, it shall consult with the Union, and shall provide as a minimum a lump sum
benefit of two weeks salary for each year of service with a maximum payment of 52 weeks salary. This benefit will be additional to the academic’s other
entitlements on retirement.
20.0
TERMINATION OF EMPLOYMENT ON THE GROUNDS OF ILL HEALTH
(a)
The Vice-Chancellor may require, in writing, any academic whose capacity to perform the duties of his or her office is in doubt to undergo a
medical examination by a medical practitioner chosen by the Vice-Chancellor at the expense of the University.
(b)
The Vice-Chancellor shall provide an academic with written notice that he/she must present within two months for a medical examination.
Where the academic elects to apply to the academic’s superannuation fund, prior to the expiry of the period of notice, for ill-health retirement or
temporary disability benefit pursuant to the rules of the superannuation fund, the requirement for a medical examination under subclause (a)
hereof shall lapse and no further action shall, subject to subclause (c) be taken by the Vice-Chancellor under this clause.
39
(c)
Where the superannuation fund decides that the academic, 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 in accordance with this clause without further
recourse to the provisions of subclause (b) hereof.
(d)
A copy of the medical report made by the medical practitioner pursuant to subclause (a) shall be made available to the Vice-Chancellor and to the
academic.
(e)
If the medical examination reveals that the academic is unable to perform his/her duties and is unlikely to be able to resume them within a
reasonable period, being not less than 12 months, the Vice-Chancellor may, subject to subclause (f) terminate the employment of the academic in
accordance with the notice required by the academic's contract of employment or where no notice is specified a period of 6 months. Prior to
taking action to terminate the employment of an academic, the Vice-Chancellor may offer the academic the opportunity to submit a resignation
and, if such a resignation is offered, shall accept it forthwith and not proceed with action to terminate employment.
(f)
If within 14 days of the report being made available, if the academic or a person acting on his/her behalf so requests, the Vice-Chancellor shall
not terminate the employment of academic in accordance with subclause (e) unless and until the findings of the report are confirmed by a panel
consisting of three medical practitioners, one of whom shall be appointed by the University, one by the academic or by a person acting on his/her
behalf, and one by the President of the NSW Branch of the Australian Medical Association. The Panel shall not include the practitioner who
made the initial report.
(g)
In making an assessment as to whether or not an academic is unable to perform his/her duties and is unlikely to be able to resume them within a
reasonable period, the medical practitioner or panel of medical practitioners appointed pursuant to this clause shall as far as possible apply the
same standards as are used by the academic’s superannuation scheme, if any, in determining qualification for the payment of a disablement
pension or other similar benefit.
(h)
These provisions shall not displace or override any existing workers compensation schemes or awards whether State or Federal, including
WorkCare and WorkCover, or the provisions contained in any workers compensation legislation that may be enacted.
(i)
The Vice-Chancellor may construe a failure by an academic to undergo a medical examination in accordance with these procedures within 3
months of a written notification to do so as prima facie evidence that such a medical examination would have found that the academic is unable to
perform his/her duties and is unlikely to be able to resume them within 12 months, and may act accordingly; provided that such a refusal by an
academic in these circumstances shall not constitute misconduct nor lead to any greater penalty or loss of entitlements than would have resulted
from an adverse medical report.
21.0
STAFF DEVELOPMENT
40
21.1
Staff Development
(a)
UNSW is committed to providing development programs which offer academics the opportunity to develop his/her skills and effectiveness within
the University, and to promote improved performance and efficiency through staff development.
(b)
Staff development procedures will be compatible with the development of equal opportunity and affirmative action policies, and offer academics
the opportunity for impartial appraisal of his/her performance and provide avenues to develop in identified areas where appropriate.
41
(c)
Staff development programs should include components for:
(i)
new academics;
ongoing staff development including to support staff in addressing work demands and any changes in work practices;
training of Heads of academic units;
training of supervisors in staff assessment techniques;
training of conciliators;
programs and consultative services on teaching and teaching development; and
(vii)
confidential services to assist in the evaluation of teaching for the purposes of improvement.
(d)
Academics who have not previously held a teaching post should be encouraged to attend an induction program. The teaching loads of such
academics should make appropriate allowance for this.
21.2
Academic Staff Supervision
(a)
Each academic should have a nominated supervisor who shall be the Head of the academic unit in which the academic is employed, provided that
the Vice-Chancellor may delegate in writing another academic classified at Level C or above to be supervisor of one or more academics.
Academics may request the nomination of an alternative supervisor.
(b)
Supervisors will be expected to provide academic and administrative leadership and are responsible for monitoring the performance of academics
and for providing assistance to academics whose performance is assessed as requiring improvement. Wherever possible supervisors shall be
competent in the areas of expertise of the academics for whom they are responsible.
The supervisor should receive as soon as practicable appropriate training in academic staff assessment techniques and the provisions of this Agreement.
21.3
Supervisor Training
42
Supervisor training programs should be developed in consultation with the Union and should incorporate:
(a)
induction programs for supervisors upon appointment;
(b)
the development of an ongoing annual program of supervisor training;
training directed towards assessment of job performance rather than individual characteristics;
training which includes equal opportunity and affirmative action policies and guidelines; and
training on academic staff assessment techniques and the provisions of this Agreement.
The Union will have the opportunity to send a representative to training programs.
22.0
ACADEMIC WORKLOADS
The University is committed to:
a fair level and distribution of workload for staff recognising the diversity of the University;
a transparent process of work allocation that is generally supported by the academics of the Unit; and
providing an opportunity for academics to be consulted about workload allocation.
22.2
The University will attempt to avoid increases in or inequitable distribution of overall workload of academics especially where academics are
affected by any restructuring/change process.
Academics will not normally be required to undertake scheduled teaching on weekends or public holidays or after 9.30pm. An academic can be required
by the University to undertake weekend teaching as a last resort. However, an academic shall only engage in scheduled teaching on public
holidays or after 9.30pm where they agree to undertake this teaching.
The supervisor will consult with academics concerned when teaching in these times is proposed. Consultation will seek to address any issues of
concern raised by the academic about teaching during such times, including the academic’s family responsibilities.
43
Scheduled teaching on weekends, public holidays or after 9.30pm will be specifically recognised in the allocation of total workload by the work
unit.
22.4
The parties agree that the current University practice of conducting teaching sessions outside the traditional teaching periods that are arranged
directly between the Head of the academic work unit with the agreement of the academic will continue.
22.5
An academic will, where possible, have a consolidated period (excluding periods of annual leave) in which scheduled teaching is not allocated.
The University will consult with the academic to ensure that adequate time is provided to undertake his/her full range of duties.
22.6
An academic may seek to have his/her workload reviewed by raising the matter first through normal University channels and if unresolved the
matter can be further reviewed by a committee comprising two University nominees and two Union nominees.
23.0
CASHING OUT OF LONG SERVICE LEAVE
23.1
An academic who has a long service leave accrual in excess of 3 months may apply to convert part or all of that amount of long service leave in
excess of 3 months long service leave to a monetary equivalent of long service leave.
23.2
This subclause will override any provision of the NSW Long Service Leave Act 1955 which is inconsistent with this clause.
24.0
DOCTORAL FELLOWS
24.1
A graduate student of the University can apply to be appointed as a Doctoral Fellow if he/she is enrolled on a full-time basis as a Doctoral
candidate at the University of New South Wales.
The University agrees to offer no more than 100 Doctoral Fellow positions during the life of this Agreement. Further the University agrees to
review this clause and discuss its findings with the Union during the life of this Agreement.
24.2
An offer of appointment as a Doctoral Fellow normally will be offered for a period of 12 months and can be renewed depending on:
(a)
the supervisor’s view of Doctoral progress;
(b)
feedback from students of the appointee’s teaching ability; and
(c)
availability of funds.
44
A Doctoral Fellow will be responsible to the Head of School or nominee and may be asked to perform up to 6 hours per week of duties each Session (or
168 hours per year) that include:
laboratory instruction and demonstrating;
giving tutorials;
assisting in field trips;
assignment and exam marking;
being available for student consultation; and
giving lectures (not to exceed 6 per Session).
Where teaching and related duties are required, a 6 hour load should be considered as the equivalent of:

two independent lectures or tutorial contact hours; or

three repeat tutorial contact hours; or
six laboratory contact hours
24.4
A Doctoral Fellow, during the period of his/her appointment, will undertake appropriate training provided by the University, in consultation with
the relevant supervising academic or other senior academic in such developmental areas as:
general approach to teaching;
discipline specific approach to teaching; and
evaluation and improvement of teaching method.
45
24.5
As well as performing the required designated duties, a Doctoral Fellow will be expected to pursue diligently the degree for which he/she is
enrolled or other activities as appropriate.
24.6
A Doctoral Fellow may terminate the contract with the giving of one month’s written notice.
24.7
A Doctoral Fellow will be paid an annual salary of not less than 50% of Level A, Step 1.
24.8
The following provisions of this Agreement will not apply to the Doctoral Fellow position as described in this clause:
Clauses 10, 13, 15, 17, 18, 19, 20, and 23.
25.0
DISPUTE SETTLING PROCEDURES
25.1
Where any dispute arises as to the requirements established by this Agreement:
(a)
In the first instance an accredited representative(s) of the Union and a representative(s) from the University shall attempt to resolve the
dispute.
(b)
Where a dispute is not resolved under subclause 25.1(a) above, at the request of either party a Disputes Committee shall be convened
within one working week, unless agreed otherwise. The Disputes Committee shall consist of:
two (2) nominees of the Union; and
two (2) nominees of the University.
(c)
25.2
The Disputes Committee shall attempt to resolve the matter.
Should the dispute not be resolved by the processes referred to in subclause 25.1, the matter may be referred, with the agreement of the parties, to
another person agreed between the parties for mediation or arbitration.
Should the dispute not be resolved by the processes referred to above or if either party refuses to engage in the processes, the matter may be referred by
either party to the Australian Industrial Relations Commission (AIRC) for conciliation and if conciliation does not resolve the dispute, for
arbitration.
46
25.4
Where the AIRC determines that it does not have jurisdiction to arbitrate, each party is entitled to seek a recommendation during conciliation to
resolve the dispute.
25.5
The parties agree that pending the outcome of the procedures contained in this clause normal work shall continue and no party shall take or
continue any action to aggravate the matter in dispute.
25.6
It is acknowledged that if the dispute relates to an alleged ambiguity or uncertainty in this Agreement either party may at any time apply for
variation of the Agreement to eliminate the alleged ambiguity or uncertainty, or AIRC may act on its own motion to take steps to vary the
Agreement.
26.0
EQUITY
The parties are committed to providing an equal opportunity workplace and to taking anti-discrimination initiatives. The University will consult with
academics and the Union about this commitment and in particular measures to:
improve the ratio of women academics, especially at senior academic levels;
improve the ratio of indigenous academics;
improve the participation of women in decision-making bodies;
provide a workplace which is family friendly through employment options which recognise issues affecting academics with family
responsibilities;
investigate and address gender pay inequities and keep relevant data to enable effective intra-University and inter-University comparisons; and
address the needs of academics with disabilities.
A report shall be provided by the University on such progress to the annual consultation with women.
The University will encourage supervisors to consider favourably applications for flexible employment arrangements in recognition of family
responsibilities including temporary or ongoing conversion to part-time work, job share, and children on campus.
26.3
The University agrees to conduct a pay equity study covering academic staff.
47
STAFF 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.
48
OCCUPATIONAL HEALTH AND SAFETY
28.1
The University is committed to meeting its statutory obligations under the Occupational Health and Safety Act (1983) as amended and other
relevant State and Federal legislation.
28.2
The University will ensure that the unions have the opportunity to nominate an appropriate number of representatives onto the various University
Occupational Health and Safety Committees.
28.3
The University will ensure that employees, and in particular Health and Safety Committee members and representatives, receive appropriate
training in occupational health and safety that may include but will not be limited to:
Hazardous substances;
Ergonomic/office safety;
Safety committee induction;
Dangerous Goods;
Manual handling;
Ionising and non-ionising radiation;
Laser safety;
Bio-hazards and related matters;
Operating plant and equipment; and
Emergency Evacuation Procedures (EEP).
28.4
An employee, appointed by the University as a First-Aid Officer, will be paid an allowance of $420 per annum.
29.0
NO EXTRA CLAIMS
During the term of this Agreement the parties agree not to pursue any further claims in relation to matters covered by this Agreement except where this is
specifically contemplated in the Agreement.
30.0
AVAILABILITY OF AGREEMENT
A copy of this Agreement shall be kept in an easily accessible place at each campus of the University and be available for inspection upon request by any
academic.
49
50
Signed for and
on behalf of the
National Tertiary Education Industrial Union
____________________________________
in the presence of
____________________________________
date
____________________________________
Signed for and
on behalf of
The University of New South Wales
____________________________________
in the presence of
____________________________________
date
___________________________________
51
SCHEDULE 1
ACADEMIC SALARY RATES FOR FULL-TIME STAFF
(Note - fractional academic staff will be paid at a pro rata rate)
LEVEL A (ASSOCIATE LECTURER)
Step
Current
Increase
Increase
Increase
Increase
Increase
Increase
Annual
2%
1%
2%
2%
2%
3.5%
Salary
1
JANUAR
Y 1999
17
MARCH
2000
12 MAY
2000
1
34092
34774
35122
35824
36540
37271
38576
2
36021
36741
37109
37851
38608
39380
40758
3
37967
38726
39114
39896
40694
41508
42960
4
39915
40713
41120
41943
42782
43637
45165
5
41497
42327
42750
43605
44477
45367
46955
6 *
43079
43941
44380
45268
46173
47096
48745
7
44661
45554
46010
46930
47869
48826
50535
8
46242
47167
47639
48591
49563
50554
52324
*
2 MARCH 1 MARCH
2001
2002
20 DEC
2002
minimum payment for an academic who holds or gains a relevant doctoral qualification; or is required to carry out “full subject coordination”
activities; or is required to prepare and deliver lectures on a regular basis; or is required to develop subject material.
“Full subject coordination” means when either one person is solely responsible for organising the teaching of a subject on a continuing basis, or when a
person cooperating with others in a subject is personally responsible for organising the work of one or more other academics on a continuing basis.
52
LEVEL B (LECTURER)
Step
Increase
3.5%
Current
Increase
Increase
Increase
Increase
Increase
Annual
2%
1%
2%
2%
2%
Salary
1
JANUARY
1999
17
12 MAY
2000
2 MARCH
2001
1
MARCH
2002
20 DEC
2002
MARCH
2000
1
48677
49651
50147
51150
52173
53216
55079
2
50503
51513
52028
53069
54130
55213
57145
3
52327
53374
53907
54985
56085
57207
59209
4
54154
55237
55789
56905
58043
59204
61276
5
55978
57098
57669
58822
59998
61198
63340
6
57805
58961
59551
60742
61957
63196
65408
LEVEL C (SENIOR LECTURER)
Step
Current
Increase
Increase
Increase
Increase
Increase
Increase
Annual
2%
1%
2%
2%
2%
3.5%
Salary
1
JANUAR
Y 1999
17
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
62658
63912
65190
67471
MARCH
2000
1
59629
60822
61430
53
2
61455
62684
63311
64577
65869
67186
69538
3
63279
64545
65190
66494
67824
69180
71601
4
65106
66408
67072
68414
69782
71178
73669
5
66929
68268
68950
70329
71736
73171
75732
6
68757
70132
70833
72250
73695
75169
77800
Increase
Increase
Increase
Increase
LEVEL D (ASSOCIATE PROFESSOR)
Step
Current
Increase
Increase
Annual
2%
1%
2%
2%
2%
3.5%
Salary
1
JANUAR
Y 1999
17
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
MARCH
2000
1
71799
73235
73967
75447
76956
78495
81242
2
74231
75716
76473
78002
79562
81154
83994
3
76665
78198
78980
80560
82171
83815
86748
4
79099
80681
81488
83118
84780
86475
89502
Increase
Increase
Increase
Increase
Increase
LEVEL E (PROFESSOR)
Step Current
Increase
Annual
2%
1%
2%
2%
2%
3.5%
Salary
1
JANUARY
1999
17
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
MARCH
2000
54
1
92487
94337
95280
97186
99129
101112
104651
55
CLINICAL LOADINGS $/YEAR
Current
Increase
Increase
Increase
Increase
Increase
Increase
Rate
2%
1%
2%
2%
2%
3.5%
1 JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
16329
16492
16822
17159
17502
18115
16009
2000
All clinical loadings and professorial merit differentials shall be superable and shall be paid to academics entitled thereto during periods of study leave,
recreation leave and long service leave.
56
SCHEDULE 2
CASUAL ACADEMIC SALARY RATES (Part-time non-Fractional)
CASUAL LECTURER – Per one-hour lecture
1. a
Current
Rate
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
163.30
166.56
169.89
175.84
MARCH
2000
155.40
158.51
160.10
Paid to a distinguished person for a single lecture for each of a small group of lectures; or where a lecture involves 4 hours of associated working time.
1.b
Current
Rate
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
130.64
133.25
135.91
140.67
MARCH
2000
124.32
126.81
128.07
Paid where the lecturer assumes significant responsibility for planning and developing a unit of a large part of a unit as well as lecturing, or where a
lecture or small group of lectures calls for special expertise; or where a lecture involves 3 hours of associated working time.
1.c
Current
Increase
Increase
Increase
Increase
Increase
Increase
57
Rate
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
97.98
99.94
101.94
105.50
MARCH
2000
93.24
95.10
96.06
Paid as the normal rate for a lecture which consists of up to 1 hour of delivery and 2 hours of associated working time.
1.d
Current
Rate
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
65.32
66.62
67.96
70.34
MARCH
2000
62.16
63.40
64.04
Paid for a 'repeat' lecture, covering the subject matter of a lecture given within a period of 7 days to another group of students.
2.
CASUAL TUTORIAL – Per one-hour tutorial
2.a
Current
Rate
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
2000
58
66.50
67.83
68.51
69.88
71.28
72.70
75.25
Tutorial involves 1 hour of delivery and up to 2 hours of associated working time
2.b
Current
Rate
44.33
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
45.22
45.67
46.58
47.51
48.46
50.16
2000
Repeat tutorial involves 1 hour delivery and 1 hour of associated working time, provided that the hourly rate in a repeat tutorial applies to the subsequent
delivery of substantially the same subject matter in a tutorial within a period of 7 days and any marking and student consultation reasonably
contemporaneous with it.
2.c
Current
Rate
79.53
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
81.12
81.93
83.57
85.24
86.95
89.99
2000
Tutorial involves 1 hour of delivery and up to 2 hours of associated working time in circumstances where the casual academic holds a relevant doctoral
qualification.
2.d
59
Current
Rate
53.02
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
54.08
54.62
55.71
56.83
57.96
59.99
2000
Repeat tutorial involves 1 hour delivery and 1 hour of associated working time, in circumstances where the casual academic holds a relevant doctoral
qualification provided that the hourly rate in a repeat tutorial applies to the subsequent delivery of substantially the same subject matter in a tutorial
within a period of 7 days and any marking and student consultation reasonably contemporaneous with it.
3.
DEMONSTRATION AND OTHER DUTIES - Per Hour
3.a
Current
Rate
22.78
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
23.24
23.47
23.94
24.42
24.90
25.78
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
17 MARCH
12 MAY
2 MARCH
1 MARCH
2002
20 DEC
2002
2000
Other duties or demonstration rate
3.b
Current
Rate
60
26.51
1999
2000
2000
2001
27.04
27.31
27.86
28.41
28.98
30.00
Other required duties or demonstration where full subject coordination duties are required as part of normal duties, or the casual academic holds a
relevant doctoral qualification.
4.
CASUAL MARKING – Per hour
4.a
Current
Rate
31.08
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
31.70
32.02
32.66
33.31
33.98
35.17
2000
Paid for marking requiring a significant exercise of academic judgment appropriate to an academic at Level B, or as a supervising examiner.
61
4.b
Current
Rate
22.17
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
22.61
22.84
23.30
23.77
24.24
25.09
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
27.04
27.31
27.86
28.41
28.98
30.00
2000
Paid for routine marking
4.c
Current
Rate
26.51
2000
Routine marking where the casual academic holds a relevant doctoral qualification
5.
CLINICAL
5.a
Clinical sessions (Faculty of Medicine)
Current
Increase
Increase
Rate
2%
1%
1
JANUARY
17 MARCH
2000
Increase
Increase
Increase
Increase
2%
2%
2%
3.5%
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
62
1999
93.24
95.10
96.06
97.98
99.94
101.94
105.50
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
45.22
45.67
46.58
47.51
48.46
50.16
MUSIC ACCOMPANYING
6a.
Current
Rate
44.33
2000
Music accompanying involves 1 hour delivery and 1 associated work time.
63
6b.
Current
Rate
53.02
Increase
Increase
Increase
Increase
Increase
Increase
2%
1%
2%
2%
2%
3.5%
1
JANUARY
1999
17 MARCH
12 MAY
2000
2 MARCH
2001
1 MARCH
2002
20 DEC
2002
54.08
54.62
55.71
56.83
57.96
59.99
2000
Music accompanying involves 1 hour delivery and 1 associated work time in circumstances where full subject coordination duties are required as part of
normal duties, or the casual academic holds a relevant doctoral qualification.
64
SCHEDULE 3
LEAVE ENTITLEMENTS
1.0
RECREATION LEAVE
1.1
Definitions
"Year of service" for the purposes of calculating recreation leave entitlements, means the year commencing on 1 January each year.
“Accumulated recreation leave” means leave carried over from previous year(s) as untaken leave.
“Accrued recreation leave” means leave accrued in relation to service in the current year of service.
Minimum Leave Entitlement
Full-time academics are entitled to a minimum recreation leave of 20 working days per annum on full pay accrued at the rate of 1 and 2/3 days per month
of service. Part-time academics are entitled to recreation leave on the same basis as full time academics, and will be paid on a pro rata basis.
1.3
Taking Accrued Recreation Leave
Available recreation leave will normally be taken in those periods between the completion of examination duties in one Session and the commencement
of enrolment or teaching preparation duties for the next Session.
Recreation leave may be taken at other times with the approval of the academic's Dean or Head of School.
1.4
Reporting of Recreation Leave Taken
No report is required where recreation leave due for the current year of service is taken in full in the periods specified in 1.3 above. In the absence of
documentation referred to in 1.5 below, the University shall deem such leave as having been taken during the current year of service.
When accumulated recreation leave is taken the academic shall report this to the University so that the leave balance can be adjusted accordingly.
1.5
Accumulation of Leave
65
An academic who applies for the crediting of untaken accrued recreation leave will only be credited to a maximum of 50 days of accumulated leave. An
academic whose accumulated leave balance is 50 days or more shall not be entitled to apply for the crediting of untaken accrued recreation leave
until the accumulated balance falls below 50 days
A claim for credit of untaken accrued leave shall be:
a)
in writing and specify the dates on which leave was taken and the total number of days of leave taken during the year; and
b)
submitted to the Dean or Head of School prior to the beginning of Session 1 following the year of service in which the leave accrued.
The Dean or Head of School shall either approve the claim and forward it to the Human Resources Department, or advise the academic in writing of the
reasons for not approving the claim and forward the unsupported claim to the Human Resources Department with all relevant documentation. The
academic may then request that the matter be decided by the Disputes Committee as defined in clause 25 of this Agreement.
Directing the Taking of Accumulated Recreation Leave
The University may direct an academic to take up to 15 days accumulated leave in any calendar year (in addition to accrued leave) provided:
the timing of the leave is discussed with the academic;
a minimum of three months written notice is given;
the academic is allowed to take the leave in one block unless otherwise agreed; and
the University ensures the leave periods are completely free of any work duties
1.6
Payment of Recreation Leave at Termination of Service
On termination of service, payment shall be made for accrued and accumulated leave, to a maximum of 50 days, at the current rate of salary.
1.7
Annual Leave Loading
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1.7.1 An academic subject to this Agreement shall be entitled on the pay day preceding the date of leave accrual, 1 January, to an annual leave (bonus)
payment equal to 17.5 per cent of salary for the period of leave accrued, with a maximum payment equal to the Statistician's average weekly total
earnings of all males - (Australia) for the September quarter preceding the date of accrual.
1.7.2 An academic whose employment commences after 1 January in any year will be entitled on the pay day preceding the date of accrual to a pro rata
bonus payment for the number of completed months of continuous service in that year, provided that the maximum payment is in the proportion
that such number of months bears to twelve months.
1.7.3
An academic whose employment is terminated prior to 31 December in any year will be entitled to a pro rata bonus payment for the number of
completed months of continuous service in that year, provided that the maximum payment is in the proportion that such number of months bears
to twelve months and is based on average weekly total earnings for the September quarter of the preceding year.
2.0.
LONG SERVICE LEAVE
2.1
Eligibility
2.1.1
An academic is eligible for long service leave, subject to the conditions outlined below.
2.1.2
An academic holding full-time or fractional appointments who has completed ten years' service (whether in continuous or broken periods) is entitled
to three months' long service leave on full pay. After service of more than ten years and up to fifteen years, long service leave continues to accrue on
the same pro rata basis (nine calendar days per annum). After more than fifteen years of service an academic is entitled to four months and fifteen
days plus fifteen calendar days on full pay for each additional year of service.
2.1.3
Casual academics (referred to as part-time teaching academics) are eligible after ten years of service for two months of long service leave. Long
service leave continues to accrue at the rate of six days per annum. The rate of pay for casual academics on long service leave is determined by the
proportion of a full-time load actually worked by the casual academic and the rate of pay immediately prior to the commencement of the leave.
2.1.4
At the option of the academic long service leave may be taken at half pay, which reduces the accrued long service leave eligibility by only half of the
period taken.
2.1.5
In certain circumstances an academic who has completed at least five years but less than ten years of continuous service may, upon cessation of
employment, be entitled to a proportionate amount of long service leave calculated at the rate of three months for fifteen years of service. Such an
entitlement shall not occur if the academic's services are terminated by the University for reasons of serious misconduct.
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2.2
Calculation
2.2.1
The monetary value of long service leave will be calculated at the rate of salary the academic is receiving immediately prior to taking the leave, or, if
the leave is not taken, at the substantive rate of salary on cessation of employment.
2.2.2
If an academic has been employed at the University partly on a full-time basis and partly on a fractional basis, the long service leave entitlement
depends on the academic's employment basis on the day immediately prior to taking the leave (or at the date of termination). If on that date the
academic is full-time, the leave is paid as a full-time academic. If the academic is part-time on that date, the leave is paid at a fractional rate (of the
full-time equivalent), proportional to the academic's part-time and full-time service.
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2.3
Effect of Other Leave
2.3.1
Various other types of leave may affect the calculation of long service leave eligibility.
2.3.2
Generally, leave without pay does not count as service within the first ten years of employment. After the initial period of ten years of service,
however, any period of leave without pay of less than six months will be counted as service for the purpose of long service leave accrual. If a period
of leave without pay exceeds six months the whole period of leave will not generally count as service for long service leave purposes. Exceptions
may be made if an academic takes such leave to engage in other employment and the other employer is willing to pay to the University an
appropriate percentage of the academic's salary specifically to cover the academic's accrual of long service leave.
2.3.3
Paid leave, whether recreation, special, military, compassionate, SSP, parental, or long service, will count as service for the accrual of long service
leave.
2.3.4
Sickness of one week or more occurring during a period of long service leave will, upon the production of a medical certificate, be treated as sick
leave and an equivalent period of long service leave will be recredited.
2.3.5
Leave granted for any reason with pay or part pay shall not affect entitlement to long service leave.
2.3.6
Periods of long service leave shall count as service for the purposes of assessing further long service leave.
2.4
Prior Service
Prior service with any institute of higher education in Australia as defined in section 4 of the Higher Education Act (NSW) 1975 shall be recognised for any
academic appointed on or after 1 June 1988, for the purpose of determining long service leave eligibility (except to the extent that long service leave was paid
out by the previous institution). 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.
2.5
Applications
2.5.1
Applications for recognition of prior service must be made in writing and should be submitted as early as possible, in view of the time which is often
required to confirm various types of prior service and to calculate the appropriate amount to be recognised.
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2.5.2
2.6
An academic who wishes to take long service leave should submit a written application to the Head of School or Department at least six months in
advance. The Head should refer the application with a recommendation to the Human Resources Department.
Timing of long service leave
An academic who has qualified for it may take long service leave when he or she chooses, provided that six months written notice has been given or that
otherwise the Vice-Chancellor consents. When a member has accumulated more than 4.5 months leave entitlement, the Vice-Chancellor may give her or him
written notice to take up to three months of it, at a time convenient to the University, provided that:
3.0
3.1
(a)
the Vice-Chancellor gives the written notice at least 12 months before the leave must begin;
(b)
the member is not required to take long service leave within 24 months of her or his intended retirement;
(c)
the minimum period of the leave to be taken is 6 weeks; and
(d)
in a case where a member has already taken a period of long service leave in these circumstances, he or she will not be required to take any
more for 2 years after the year of the previous period.
SICK LEAVE
An academic, may, subject to the production of a medical certificate, be granted sick leave of up to twenty two working days on full pay and up to
twenty two working days on half pay in any twelve month period.
Alternatively, sick leave may be accrued at the rate of five days for each completed year of service (from which is deducted the total amount of sick
leave taken including the full-time equivalent of any leave taken on half pay).
The sick leave available to an academic on any occasion is calculated on the basis of the alternative favourable to the academic.
3.2
An exception to the conditions set out above is made for a member of the Professorial Superannuation Scheme, who, in the event of serious
illness or breakdown, is entitled to up to six months leave on full salary and thereafter up to six months leave on half salary on production of a
medical certificate. This leave will not be granted within two years of the date of entry on duty as a professor if the University is of the opinion
that the illness or breakdown was due to causes existing at or before that date.
4.0
BEREAVEMENT LEAVE
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Leave on full pay of three working days per year shall be granted to an academic in the event of the death of a member of the immediate family.
"Immediate family" shall be as defined in subclause 6.1 of this Schedule (eg spouse; child; parent; sibling; parent-in-law; foster parent; step child;
grand parent and grand child).
4.2
Such leave is granted by the Vice-Chancellor or nominee on the recommendation of the academic's supervisor.
It may, in certain circumstances, be appropriate for an academic to request a period of leave without pay for compassionate reasons or to meet ceremonial and
religious requirements regarding bereavement. Each application will be dealt with on its merits by the Vice-Chancellor or nominee, taking into
account the recommendation of the Dean of the Faculty or nominee.
4.4
5.0
5.1
If an employee is on a period of approved leave at the time of the death of an immediate family member, he/she may apply for up to 3 days
bereavement leave and be recredited the other period of leave.
PARENTAL LEAVE
Interpretation
“adoption”, in relation to a child, is a reference to a child who:
(a)
(b)
(c)
is not the natural child or the step-child of the academic or the academic’s spouse
is less than 5 years of age; and
has not lived continuously with the academic for 6 months or longer;
“continuous service” includes any period of paid leave and any period of leave or absence authorised by the University under this Agreement;
“estimated date of birth” means the day certified by a medical practitioner to be the day on which the medical practitioner expects the academic
or the academic’s spouse, as the case may be, to give birth to a child;
“parental leave” means leave provided for by this clause to cover situations of maternity leave, adoption leave, paternity leave, and special
maternity leave;
“spouse” includes a defacto spouse or same sex partner.
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5.2
Entitlement to Parental Leave
5.2.1 An academic, other than a casual academic, is entitled to take up to 52 consecutive weeks of unpaid leave minus any period of paid leave taken
under subclause 5.3 in respect of:
(a)
the birth of a child to the academic or the academic’s spouse; or
(b)
the placement of a child with the academic with a view to the adoption of the child by the academic.
5.2.2 An academic is not entitled to take parental leave unless he/she has given the University;
in the case of maternity leave at least 10 week’s written notice of the estimated date of birth and at least 4 weeks notice of the expected date of
commencing maternity leave;
in the case of paternity leave 10 week’s written notice of the intention to commence leave;
in the case of adoption leave at least 14 days notice of the intention to commence leave.
5.2.3 An academic is not entitled to take parental leave at the same time as the academic’s spouse but this subclause does not apply to:
(a)
one week’s parental leave taken by the spouse immediately after the birth of the child; or
(b)
three week’s parental leave taken by the academic and the academic’s spouse at the time the child has been placed with them or with a
view to his/her adoption of the child.
5.2.4 The entitlement to parental leave is reduced by any period of parental leave taken by the academic’s spouse in relation to the same child, except
the periods of leave referred to in subclause 5.2.3 (a) and (b) above.
5.2.5 An academic may elect to take a period of recreation leave or long service leave to which there is an entitlement, instead of unpaid parental leave.
The period of recreation leave or long service leave so taken shall be treated as part of parental leave.
5.2.6 An academic shall be entitled to up to two days unpaid leave where he/she is required to attend compulsory interviews or examination as part of
the adoption procedure.
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5.2.7 An academic shall be entitled to unpaid special maternity leave, or paid sick leave if such leave is available and they have an entitlement to it, in
the event of a pregnancy terminating before the expected birth date or for a pregnancy related illness. The leave in this subclause will be subject
to the provision of a medical certificate and will be in addition to the leave as set out in subclause 5.2.
5.3
Entitlement to Paid Parental Leave
5.3.1 A female academic, other than a casual female academic, is entitled to take paid leave of up to 12 consecutive weeks, (or 24 consecutive weeks at
half pay) in respect of the birth of a child of the academic.
5.3.2 An academic other than a casual academic is entitled to take paid leave of up to 3 consecutive weeks, (or 6 consecutive weeks at half pay) in
respect of the placement of a child with the academic with a view to the adoption of the child.
Where an academic returns to work earlier than the period of 12 weeks paid leave the academic’s entitlement to paid leave will be reduced accordingly.
5.3.4 An employee whose spouse has given birth will be entitled to one weeks annual leave.
5.3.5 Payment for this leave shall be made in accordance with the substantive salary. Where the academic converted temporarily to a reduced hours
position due to the pregnancy, the relevant salary shall be the substantive salary paid immediately prior to the reduction of hours.
5.4
Medical Certificate
A female academic who has given notice of her intention to take maternity leave, is to provide to the University a certificate from a medical
practitioner stating her estimated date of birth.
5.5
Notice of Spouse’s Parental Leave
An academic who has given notice of his or her intention to take parental leave or who is actually taking parental leave is to notify the University of
particulars of any period of parental leave taken or to be taken by the academic’s spouse in relation to the same child, and any other details as required by
the relevant legislation.
5.6
Notice of Parental Leave Details
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5.6.1 An academic who has given notice of his/her intention to take parental leave is to notify the University of the dates on which he/she wishes to start
and finish leave.
5.6.2 An academic is entitled to extend a period of parental leave once, provided that:
(a)
the application is in writing;
(b)
the application is made at least 14 days prior to the end of the original leave; and
(c)
the application indicates the period of the extension.
If the information provided in accordance with relevant legislation in the original leave application has changed, revised documentation shall be
required to support the application for an extension of leave.
An academic may not extend the parental leave a second time unless approved by the Vice-Chancellor.
5.7
Return to Work after Parental Leave
5.7.1 On finishing parental leave, an academic is entitled to resume work in the position he /she held immediately before commencing parental leave
except that:
(a)
if the academic was transferred to a safe job because of her pregnancy, the relevant position is the position held immediately before the
transfer;
(b)
if the academic began working part-time because of the pregnancy, the relevant position is the position held immediately before the
academic began working part-time;
(c)
if immediately before starting parental leave the academic 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 academic immediately before taking the acting
or temporary position.
5.7.2 The academic may apply to return to part-time employment for a defined period following the parental leave, before resuming his/her previous
full-time employment.
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5.7.3 An academic may apply to return to work from maternity leave earlier than the leave dates indicated if:
(a)
the pregnancy terminates otherwise than by the birth of a living child; or
(b)
the academic gives birth to a living child but the child later dies.
The academic shall resume work at a date advised in writing by the University, but that day must be no later than 4 weeks after the University
received the academic’s application to return to work.
5.8
Effect of Parental Leave on Employment
5.8.1 Absence on parental leave shall not break continuity of service.
5.8.2 Absence on paid parental leave shall count as service for all purposes.
5.8.3 Absence on unpaid parental leave will not count as service for the purposes of long service leave unless the academic has completed 10 years
service with the University and the period of unpaid parental leave taken is less than 6 months.
5.8.4 Absence on unpaid parental leave will not count as service for recreation leave.
5.8.5 The University will continue to pay its contribution to the academic’s superannuation fund during periods of paid parental leave provided that the
applicable superannuation scheme allows for such payments.
6.0
CARER’S LEAVE
This clause is based on the Personal/Carer's Leave Test Case November 1995.
6.1
Interpretation
“carer’s leave” refers to the use of part of an academic’s entitlement to sick leave for the purposes of caring for an immediate family member as
defined below.
“immediate family” covers:
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6.2
(a)
a spouse (including a former spouse, a de facto spouse, a former de facto spouse, and same sex partner);
(b)
a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, parent-in-law, foster parent, grandparent,
grandchild or sibling of the academic;
(c)
a relative, who lives with the academic in the same household.
Entitlement to Carer’s leave
Carer’s leave is available as follows:
6.3
(a)
In the first year of employment, the academic can take up to 6 days of available sick leave as carer’s leave.
(b)
In the second year of employment, the academic can take up to 8 days of available sick leave as carer’s leave.
(c)
In the third and subsequent years of employment, the academic can take up to 12 days of available sick leave as carer’s leave.
(d)
If the current year's entitlement to sick leave is exhausted, accumulated sick leave may be accessed for carer’s leave.
(e)
If all accessible leave for the purpose of carer’s leave is exhausted, an academic may, with the approval of the Vice-Chancellor or nominee,
take leave without pay to cover the absence.
Conditions of Carer’s Leave
To be entitled to carer’s leave, the following conditions must be met:
(a)
Normally the academic must be responsible for the care and support of the person concerned.
(b)
The academic will not be entitled to take carer’s leave where another person has carer’s leave to care for the same person.
All absences for carer’s leave, apart from 3 single day absences per year, must be supported by a medical certificate stating the illness of the
person concerned and that the illness is such as to require care by another.
7.0
OBSERVATION OF HOLY DAYS AND ESSENTIAL RELIGIOUS OR CULTURAL DUTIES
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An academic shall be granted recreation leave or long service leave (where the academic has an entitlement to recreation leave or long service leave) or
leave without pay for the purpose of observing holy days or to attend essential religious or cultural duties associated with a particular religious faith or
culture.
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8.0
SPECIAL LEAVE
Paid leave of up to 3 days per year may be given to an academic on account of special circumstances or emergencies. Applications for special leave will
be considered on its merits.
Special circumstances or emergencies:
(a)
may include situations such as where the academic’s home has been damaged by fire, flood or other mishap, burglary, or where the academic is to
take part in State Emergency Service activities;
(b)
do not include situations such as moving house, care of an immediate family member; arranging conferences or similar events or other private
business that the academic 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 of leave.
9.0
JURY LEAVE AND WITNESS LEAVE
9.1
Jury Leave
An academic required to serve as a juror will:
(a)
notify his/her supervisor of the dates of any absence from work expected as a result of that service.
(b)
provide the Human Resources Department with proof of the dates of attendance, and the money received for the jury service, other than any travel
allowance.
The University will pay full salary for the period of jury service, but the academic is required to pay the University the money received for the jury
service, other than any travel allowance. The academic may retain the payment for jury service by choosing to have an equivalent amount deducted from
his/her credit for recreation leave.
9.2
Attendance as a Witness
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9.2.1 An academic required to attend as a witness should notify the Human Resources Department through his/her supervisor of the dates of any
absence from work expected as a result.
9.2.2 An academic required as a witness by the University, or directly in a matter relating to a University award or industrial agreement in the
Australian Industrial Relations Commission, is treated as being on duty, and there is no loss of pay or leave for the absence from work.
9.2.3 An academic called by a party other than the University, or in a matter unrelated to the University, may choose to take leave without pay or take
recreation leave. Where this occurs the academic must notify his/her supervisor in advance. Witness fees and expenses may be retained by the
academic.
10.0
MILITARY LEAVE
Leave for part-time military service will be granted to academics who serve in the Naval, Army or Air Force Reserves. Leave will be given at a time
convenient to the University. Applications for military leave should be accompanied by evidence of the purpose and necessity for the leave. A certificate
of attendance at the training camp or school must be forwarded to the Human Resources Department on return to normal duties.
11.0
PUBLIC HOLIDAYS
Academics (other than casual academics) shall be allowed 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;
Good Friday;
Easter Monday,
Anzac Day;
Queen's Birthday;
Labour Day;
Christmas Day;
Boxing Day; and
other proclaimed public holidays for the State.
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SCHEDULE 4
UNSW POSITION CLASSIFICATION STANDARDS (PCSs)
The UNSW Position Classification Standards (PCSs) describe the broad categories of responsibilities associated with academics at different levels. The
standards are not exhaustive of all tasks in academic employment, which is by its nature multi-skilled and involves an overlap of duties between levels.
The appointment or promotion of an academic to a particular level does not prohibit the University from requiring that academic to undertake duties
associated with a lower level provided those duties are commensurate with, and appropriate to, the skills and qualification of the academic.
Academics at all levels can expect to make a contribution to a diversity of functions within the University. Such functions include teaching, research,
participation in professional activities and participation in the academic planning and the governance of the University. The balance of the functions will
vary according to level and position over time.
Where a dispute arises as to the appropriate duties of an academic, such a dispute shall be dealt with in accordance with clause 25 of this Agreement.
Should it prove to be the case that the academic has been performing duties at a higher classification, the remedies will be specifically limited to:
payment of an allowance calculated to adjust the salary of the academic to at least the minimum point on the next highest scale, but no more than the
salary of the person whose duties are taken over; or
removing the higher level duties from the academic.
Provided that the University may decide that reclassification of the academic to a higher level is an appropriate remedy.
When an Associate Lecturer is required to take over the duties of a Lecturer for a period longer than 5 continuous working days, a higher duties
allowance shall be paid to adjust the salary to at least the minimum point on the Lecturer’s scale, but no more than the salary of the person whose duties
are taken over.
LEVEL A (ASSOCIATE LECTURER)
General Standard
A Level A academic is expected to make contributions to the teaching effort of the institution, particularly at undergraduate and graduate diploma level
and to carry out activities to develop his/her scholarly, research and/or professional expertise relevant to the profession or discipline.
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Specific Duties
Specific duties required of a Level A academic may include:
The conduct of tutorials, practical classes, demonstrations, workshops, student field excursions, clinical sessions and/or studio sessions.
The preparation and delivery of lectures and seminars provided that skills and experience demonstrate this capacity.
The conduct of research.
Involvement in professional activity.
Consultation with students.
Marking and assessment primarily connected with subjects in which the academic teaches.
Production of teaching materials for students for whom the academic has responsibility.
Development of subject material with appropriate guidance from the subject or course coordinator.
Limited administrative functions primarily connected with subjects in which the academic teaches.
Acting as subject coordinators provided that skills and experience demonstrate this capacity.
Attendance at departmental and/or faculty meetings and/or membership of a limited number of Committees.
A Level A academic will not be required to teach primarily in subjects which are offered only at Masters level or above.
A Level A academic shall work with support and direction from academics classified at Level B and above and with an increasing degree of autonomy as
the academic gains in skill and experience.
The most complex levels of subject coordination should not be carried out by a Level A academic.
Skill Base
A Level A academic will normally have completed four years of tertiary study in the relevant discipline and/or have equivalent qualifications and/or
professional experience. In many cases a position at this level will require an honours degree or higher qualifications, an extended professional degree,
or a three-year degree with a postgraduate diploma. In determining experience relative to qualifications, regard is had to teaching experience, experience
in research, experience outside tertiary education, creative achievement, professional contributions and/or contributions to technical achievement.
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LEVEL B (LECTURER)
General Standard
A Level B academic is expected to make contributions to the teaching effort of the institution and to carry out activities to maintain and develop his/her
scholarly, research and/or professional activities relevant to the profession or discipline.
Specific Duties
Specific duties required of a Level B academic may include:













The conduct of tutorials, practical classes, demonstrations, workshops, student field excursions, clinical sessions and studio sessions.
Initiation and development of subject material.
Acting as subject coordinators.
The preparation and delivery of lectures or seminars.
Supervision of the program of study of honours students or of postgraduate students engaged in course work.
Supervision of major honours or postgraduate research projects.
The conduct of research.
Involvement in professional activity.
Development of course material with appropriate advice from and support of more senior academics.
Marking and assessment.
Consultation with students.
A range of administrative functions the majority of which are connected with the subjects in which the academic teaches.
Attendance at departmental and/or faculty meetings and/or membership of a number of committees.
Skill Base
A Level B academic shall have qualifications and/or experience recognised by the institution as appropriate for the relevant discipline area. In many
cases a position at this level will require a doctoral or masters qualification or equivalent accreditation and standing. In determining experience relative
to qualifications, regard is had to teaching experience, experience in research, experience outside tertiary education, creative achievement, professional
contributions and/or to technical achievement.
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LEVEL C (SENIOR LECTURER)
General Standard
A Level C academic is expected to make significant contributions to the teaching effort of a department, school, faculty or other organisational unit or an
interdisciplinary area. An academic at this level is also expected to play a major role in scholarship, research and/or professional activities.
Specific Duties
Specific duties required of a Level C academic may include:
The conduct of tutorials, practical classes, demonstrations, workshops, student field excursions, clinical sessions and studio sessions.
Initiation and development of course material.
Course coordination.
The preparation and delivery of lectures and seminars.
Supervision of major honours or postgraduate research projects.
Supervision of the program of study of honours students and of postgraduate students engaged in course work.
The conduct of research.
Significant role in research projects including, where appropriate, leadership of a research team.
Involvement in professional activity.
Consultation with students.
Broad administrative functions.
Marking and assessment.
Attendance at departmental and/or faculty meetings and a major role in planning or committee work.
Skill Base
A Level C academic will normally have advanced qualifications and/or recognised significant experience in the relevant discipline area. A position at
this level will normally require a doctoral qualification or equivalent accreditation and standing. In determining experience relative to qualifications,
regard shall be had to teaching experience, experience in research, experience outside tertiary education, creative achievement, professional contributions
and/or to technical achievement. In addition a position at this level will normally require a record of demonstrable scholarly and professional
achievement in the relevant discipline area.
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LEVEL D (ASSOCIATE PROFESSOR)
General Standard
A Level D academic is expected to make a significant contribution to all activities of the organisational unit or interdisciplinary area and play a
significant role within his/her profession or discipline. Academics at this level may be appointed in recognition of distinction in his/her disciplinary area.
Specific Duties
Specific duties required of a Level D academic may include:












The conduct of tutorials, practical classes, demonstrations, workshops, student field excursions, clinical sessions and studio sessions.
The development of and responsibility for curriculum/programs of study.
Course coordination.
The preparation and delivery of lectures and seminars.
Supervision of major honours or postgraduate research projects.
Supervision of the program of study of honours students and of postgraduate students engaged in course work.
The conduct of research, including, where appropriate, leadership of a large research team.
Significant contribution to the profession, and/or discipline.
High level administrative functions.
Consultation with students.
Marking and assessment.
Attendance at departmental and faculty meetings.
Skill Base
A Level D academic will normally have the same skill base as a Level C academic. In addition there is a requirement for academic excellence which
may be evidenced by an outstanding contribution to teaching and/or research and/or the profession.
LEVEL E (PROFESSOR)
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General Standard
A Level E academic is expected to exercise a special responsibility in providing leadership and in fostering excellence in research, teaching, professional
activities and policy development in the academic discipline within the department or other comparable organisational unit, within the institution and
within the community, both scholarly and general.
Specific Duties
Specific duties required of a Level E academic may include:
 Provision of a continuing high level of personal commitment to, and achievement in, a particular scholarly area.
 The conduct of research.
 Fostering the research of other groups and individuals within the department or other comparable organisational unit and within the discipline and
within related disciplines.
 Development of research policy.
 Supervision of the program of study of honours students or of postgraduate students engaged in course work.
 Supervision of major honours or postgraduate research projects.
 Making a distinguished personal contribution to teaching at all levels.
 The conduct of tutorials, practical classes, demonstrations, workshops, student field excursions, clinical sessions and studio sessions.
 The preparation and delivery of lectures and seminars.
 Consultation with students.
 Marking and assessment.
 Playing an active role in the maintenance of academic standards and in the development of educational policy and of curriculum areas within the
discipline.
 Developing policy and being involved in administrative matters within the department or other comparable organisational unit and within the
institution.
 Participating in and providing leadership in community affairs, particularly those related to the discipline, in professional, commercial and industrial
sectors where appropriate.
Skill Base
A Level E academic shall have the same skill base as a Level D academic but will be recognised as a leading authority in the relevant discipline area.
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SCHEDULE 5
ACADEMIC INCREMENTAL PROGRESSION SCHEME
1.0
INTRODUCTION
1.1
An academic shall be entitled to progress by annual increments to the top of the relevant salary range, subject to the provisions of this schedule.
It is envisaged that most academics. will satisfy the progression criteria set out below and receive an increment each year. There is also provision
for accelerated progression in accordance with the provisions of this schedule.
1.2
Schedule 1 shows the increments in the current salary ranges for Levels A, B, C and D.
2.0
COMMON DATES FOR PAYMENT OF INCREMENTS
2.1
Increments are paid from either 1 January or 1 July.
2.1.1
The increment date for an academic who has not been promoted since first appointment is 1 January if they entered on duty from 1 October to 31
March inclusive, or 1 July if they entered on duty from 1 April to 30 September inclusive.
2.1.2
The increment date for an academic who has been promoted is 1 January if the effective date of his/her promotion was from 1 October to 31
March inclusive, or 1 July if the effective date of his/her promotion was from 1 April to 30 September inclusive.
2.2
If an academic wants to submit one report for both incremental progression and annual report of activities for tenure review purposes, the tenure
review process should be programmed to
coincide with the timing for submission for incremental progression ie. mid November for 1 January
increment date or mid May for 1 July increment date.
3.0
PROGRESSION CRITERIA FOR INCREMENTS
3.1
To be eligible for an increment an academic must have satisfactorily:
 undertaken such teaching duties as may have been allocated by the Head of School in consultation with the academic
 contributed, through research, scholarly writing, publication, creative work in the arts, professional practice or in other ways to the
advancement of and application of knowledge
 participated in the administration of the institution and/or provided leadership and undertaken such administrative duties in the organisational
unit as might have been assigned by the Head of School
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 participated in the scheme for academic staff development review for development purposes (provided that it was in operation in the academic
unit in the previous twelve months) and undertaken such professional or personal development activities as might have been agreed during that
process
 contributed service to the relevant discipline through professional activity, continuing education, consultancy, conference organisation or other
similar activity relevant to the work of the institution
Satisfactory performance means performance at a standard appropriate to the academic's level of appointment, and consistent with the academic's duties
and the UNSW Position Classification Standards set out in Schedule 4. It is recognised that an academic’s duties may not span all the
progression criteria in a single twelve-month period.
3.3
The supervisor must take into account equal opportunity issues when assessing the academic's performance for the award or denial of an
increment.
4.0
APPROVAL OF INCREMENTS
4.1
The authority to grant or withhold an increment rests with the
supervisor”).
4.2
The authority to grant two increments rests with the relevant Dean.
supervisor nominated under subclause 21.2 of this Agreement (“the nominated
The authority to grant more than two increments rests with a sub-committee of the Qualifications Committee.
5.0
REVIEW PROCESS FOR INCREMENTS
5.1
To apply for an increment an academic must complete an “Application for Academic Salary Incremental Progression” and submit it to her or his
nominated supervisor. The applicant should provide sufficient details of performance and achievements to support her or his application.
5.2
A nominated supervisor may request additional information from any applicant, and should endeavour to obtain similar amounts or levels of
information from all applicants.
5.3
All completed applications must reach the Human Resources Department six weeks before the relevant common increment date.
5.4
One Increment
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When a nominated supervisor is satisfied that one increment is justified, he or she will approve the application and forward it to the Human Resources
Department and will also send a copy to the applicant.
5.5
Two Increments
When a nominated supervisor considers that an applicant has demonstrated outstanding achievement in the previous twelve months, he or she may
recommend accelerated progression of two increments. In such cases the nominated supervisor will forward the application with her or his
recommendation to the relevant Dean. After consideration of the recommendation the Dean will forward the completed application to the Human
Resources Department and a copy to the applicant.
5.6
More than two increments
When a nominated supervisor considers that an applicant has demonstrated exceptionally outstanding achievement in the previous twelve months, he or
she may recommend accelerated progression of more than two increments. In such cases the nominated supervisor will forward the application with her
or his recommendation to the relevant Dean. The Dean will consider the recommendation and if he or she endorses the application, will forward the
completed application to the Human Resources Department. The Department will arrange for the application to be considered by a sub-committee of the
Qualifications Committee, and subsequently advise the applicant of the outcome.
5.7
No increment
5.7.1
When a nominated supervisor believes that an applicant has not satisfied the progression criteria he or she will:
inform the applicant of specific concerns in relation to the progression criteria;
give the applicant an opportunity to raise any mitigating circumstances or state any other academic or professional development not previously
mentioned; and
if still convinced that an increment should be withheld, advise the applicant in writing of the decision giving reasons in relation to the progression
criteria and send the completed application, together with a copy of the advice to the applicant, to the Manager, Industrial Relations
Advisory Unit.
A nominated supervisor may find it useful to consult with the relevant Dean and the Manager, Industrial Relations Advisory Unit if she/he is considering
withholding an increment.
6.0
APPEAL AGAINST WITHHOLDING OF INCREMENT
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6.1
An academic may appeal against a decision to withhold an increment.
6.2
If a decision has been taken to withhold an increment the academic will be advised by the Human Resources Department that he or she has the
right to appeal against such a decision.
6.3
If an academic wishes to appeal against a decision to withhold an increment he or she must notify the Director, Human Resources of her or his
intention in writing, within 10 working days of the date of advice from the Human Resources Department.
6.4
An appeal against a decision to withhold an increment will be considered by an appeal committee, whose decision will be final.
6.5
An appeal will be dealt with as expeditiously as possible and natural justice will be given to the academic.
6.6.
An appeal committee will act in accordance with natural justice and will allow for the staff member to nominate a support person to be in
attendance. The staff member will be allowed to make a submission and respond to material put to the Committee, appear before the Committee
and remain present during the Committee process prior to the Committee deliberating and making a determination.
6.7
An appeal committee will consist of:
 the Deputy Vice-Chancellor (Academic Affairs)
 a member of the Academic Board nominated by the President of the Board after consultation with the President of the UNSW Staff
Association
 a nominee of the UNSW Staff Association.
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SCHEDULE 6
GUIDELINES FOR APPOINTMENT OF ACADEMIC RESEARCH STAFF
NHMRC Research Fellows, Post Doctoral Fellows and above, the various categories of ARC Research Fellows and Research Associates and the ViceChancellor's Post Doctoral Research Fellows will be recognised as academics. These appointees will have titles within the range Research Associate
(or Post Doctoral Fellow)#, Research Fellow, Senior Research Fellow, Associate Professor and Professor, according to his/her standing against
normal academic levels A to E as shown in the table below.
Level
Standard Academic Title
Title for Research Academics
A
Associate Lecturer
Research Associate or Post Doctoral
Fellow
B
Lecturer
Senior Research Associate or Research
Fellow
C
Senior Lecturer
Senior Research Fellow
D
Associate Professor
E
Professor
Senior Research Fellow, Associate
Professor
Senior Research Fellow, Professor
# Note:
The distinction between Research Associate and Postdoctoral Fellow is likely to be both discipline and qualification specific.
In addition, University research academics, other than those referred to in subclause 1 above, should have his/her title and status as academic confirmed
if they:
have primary or significant responsibility for leading a research project(s) provided that in the case of a Level A academic research appointment, the
conduct of research may be under limited supervision either as a member of a team or independently and the academic demonstrates
intellectual contribution to research as is the norm for the discipline; or
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have received his/her Fellowship through a rigorous selection process; or
are regarded internationally or nationally as experts in his/her field of study or research; or
are otherwise recognised as occupying an academic research position by the University.
Other research positions should only be considered as academic and receive the titles as specified in point 1 above, if they can demonstrate that they meet
the criteria outlined in point 2 above. Otherwise these staff will hold a title of either Research Assistant, Research Officer or Senior Research
Officer and will be considered to be general staff.
Specifically the following research academics shall be covered by this Agreement:
Australian Research Council Funded Positions
Australian Post Doctoral Fellowships
Australian Research Fellowships
Queen Elizabeth II Fellowships
Senior Research Fellowships*
ARC Research Associates **
ARC Senior Research Associates **
Level A
Level B
Level B
Level C-E
Level A
Level B
National Health and Medical Research Council Funded Positions
Australian Post Doctoral Fellowships
Research Fellows
Senior Research Fellows
Principal Research Fellows
Senior Principal Research Fellows
RD Wright Fellows*
CJ Martin Fellows*
Neil Hamilton Fairley Research Fellows*
Australian Applied Health Sciences Fellows*
Public Health Post Doctoral Fellows*
Inserm Exchange Fellowships*
Peter Doherty Fellows*
Level A
Level B
Level C
Level D
Level E
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Other UNSW Positions
Vice-Chancellor’s Fellowship
Postdoctoral Research Fellows
Senior Research Fellows
* indicates that academic Level will be determined on appointment.
** indicates that academic status dependent on satisfying one of the criteria in point 2.
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SCHEDULE 7
SALARY SACRIFICING SCHEME
The parties to this Agreement agree that the following items can be included in the University Salary Sacrificing Scheme as prescribed in clause 18 of
this Agreement.
Motor vehicles
Motor vehicles running costs
Mortgage payments
Personal loan repayments
Investment loan repayments
Rental payments
Bridge and road tolls
Utility expenses (eg. gas, electricity, water)
University club and other areas which are FBT exempt
School fees
Professional development expenses
Mobile phones
Work related expenses
Health, life and disability insurances
General insurances
Notebook computers
Home office expenses
Airport lounge memberships
Car parking
Child minding expenses
Credit cards
Professional expenses
Development travel
Financial advice
Income protection insurance
Briefcases
Computer software
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SCHEDULE 8
RELOCATION ALLOWANCES ASSOCIATED WITH SUBCLAUSE 10.6.4
1 - DEFINITIONS
For the purposes of this Schedule “prescribed expenses” means:
(i)
legal fees;
(ii)
agent’s commission;
(iii) stamp duty;
(iv) fees associated with the transfer of title;
(v)
expenses relating to the execution or discharge of a first mortgage; and
(vi) any reasonable costs as determined by the Vice-Chancellor of advertising for sale of a dwelling-house.
2 - PAYMENTS
(a)
The Vice-Chancellor may authorise the payment to an academic of the reasonable costs incurred in the conveyance of himself or herself and his or
her dependents, including reasonable costs for removal of furniture and personal effects.
(b)
The Vice-Chancellor may authorise the payment to the academic of an allowance comprising two-thirds of the expenses necessarily incurred by the
academic in residing at a hotel or boarding-house while waiting to:
(c)
(i)
commence or continue his or her journey to the new locality; or
(ii)
secure a place of residence in that locality.
Subject to subclause (d) hereof, an allowance under subclause (b) hereof, shall not be paid in respect of a period exceeding:
(i)
1 week in the case of paragraph (b)(i) applying; or
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(ii)
4 weeks in any other case.
(d)
Where the Vice-Chancellor is satisfied that an academic to whom subclause (b) hereof applies is unable to secure a place of residence in the new
locality after having made all reasonable efforts to do so, the Vice-Chancellor may extend the period in respect of which an allowance under that
subclause would otherwise be payable to that academic for such further period, not exceeding 4 weeks, as the Vice-Chancellor may determine.
(e)
Where the Vice-Chancellor is satisfied that in the circumstances of a particular case it is just and equitable to do so, he or she may authorise the
payment to an academic to whom subclause (b) hereof applies of an allowance at a rate per week determined by the Vice-Chancellor for a period
not exceeding 5 weeks after the expiration of the periods referred to in subclauses (c) and (d) hereof.
(f)
The Vice-Chancellor may authorise the payment to an academic to whom subclause (b) hereof applies of such amount as the Vice-Chancellor may
in a particular case determine for the purpose of compensating that academic for expenses necessarily incurred by him or her in respect of:
(g)
(i)
the storage of his or her furniture and effects while waiting to secure a place of residence in the new locality; and
(ii)
the cartage of the furniture and effects from the place of storage to the academic’s place of residence in that locality.
An academic who is entitled to receive the expenses and allowances payable under this Schedule is also entitled to be paid an incidentals allowance
to compensate the academic for:
(i)
the value of the increased depreciation of, and the additional wear and tear on, the basic household furniture and effects resulting from
the transfer; and
(ii)
the cost of the replacement or alteration of carpets, linoleum, curtains, blinds, and household effects necessitated by the transfer;
(iii) incidental costs associated with establishing a new place of residence (eg telephone, gas reconnection).
(h)
The depreciation allowance payable under this Schedule is such an amount as may be determined by the Vice-Chancellor.
(i)
An academic who is entitled to receive expenses and allowances under this Schedule is, subject to subclause (m) hereof, also entitled to receive a
property allowance for reimbursement of prescribed expenses incurred by him or her;
(i)
in the sale of the dwelling house:
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(ii)
(1)
owned and occupied by him or her;
(2)
which he or she was purchasing under a contract of sale providing for vacant possession; or
(3)
which he or she was constructing for his or her own permanent occupation, on completion of construction, at the date on which it
became necessary to move to the new locality;
in the purchase of a dwelling-house, or land for the purpose of erecting a dwelling-house on the land, for his or her own permanent
location permanent occupation in the new locality; or
(iii) both in the sale of the dwelling-house referred to in paragraph (i) hereof and in the purchase of a dwelling-house or land referred to in
paragraph (ii) hereof.
(j)
The property allowance payable under this clause in respect of a sale, purchase, or sale and purchase, is, subject to subclause (k) hereof, an amount
which is equal to the actual expenses incurred.
(k)
Where an academic is the owner jointly or in common with another person not being a person referred to in subclause (n) hereof, the property
allowance payable under this clause shall not exceed an amount which is equal to the proportion of the prescribed expenses for which he or she is
responsible.
(l)
An application by an academic for a property or an incidentals allowance under this Schedule shall be accompanied by sufficient evidence of the
payment by the academic of the prescribed expenses.
(m) Except on the decision of the Vice-Chancellor, an academic is not entitled to the payment of a property allowance in respect of:
(i)
a sale referred to in paragraph (i)(i) hereof; or
(ii)
a purchase referred to in paragraph (i)(ii) hereof which is effected:
(1)
more that 2 years after the date on which the academic takes up duty in new locality; or
(2)
after the date on which he or she receives notification that he or she is being transferred back to the old locality.
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(n)
For the purpose of this Schedule, it is immaterial that the dwelling-house or land is purchased, sold or owned;
(i)
(ii)
in the case of a married academic, solely or jointly or in common with:
(1)
the spouse of that academic;
(2)
a dependant of that academic; or
(3)
the spouse and a dependant of that academic; or
in the case of any other academic, solely or jointly or in common with a dependant.
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SCHEDULE 9
1.
TERTIARY EDUCATION SUPERANNUATION SCHEME
Definitions
"The Fund" means the Tertiary Education Superannuation Scheme (TESS).
(b)
"Ordinary time earnings" means: the rate of salary prescribed by this Agreement, and any other payment that is superable.
(c)
“TESS” means the Tertiary Education Superannuation Scheme and any fund renamed or established as a result of the merger of TESS and SSAU.
2.
Contributions to the Fund
(a)
The University shall contribute to the Fund in respect of each academic subject to this Agreement a payment of 3 per cent of ordinary time
earnings. Provided that where the contract of an academic is such that the academic will not necessarily exceed the criteria set out in subclause
5(a), the University shall not be liable to make regular payments. In such cases the University shall assess retrospectively, in January or July as
the case may be, whether the academic is or is not a casual employee for the purposes of this clause. If the academic is not excluded by reason of
being a casual employee, then the University shall forward 3 per cent of the ordinary time earnings of the academic during the relevant period to
the Fund not later than two months after the end of the relevant qualifying period.
(b)
Contributions are to be made whilst academics are receiving pay, including:
(i)
(ii)
periods of paid absence; and
whilst on workers compensation provided the academic is receiving 'make-up pay' under the provisions of a relevant award or under the
provisions of a relevant Act.
(c)
If the academic's salary whilst on paid leave is less than 100 per cent of ordinary time earnings, the University's contributions during that period
shall be 3 per cent of that salary.
3.
Cessation of contributions
Where an academic ceases employment the University shall not be liable to make contributions with respect to that academic after the last date of
employment.
4.
Employee contributions
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Academics subject to this clause who are admitted to membership of the Scheme who wish to make contributions to the Fund additional to those
being paid by the University pursuant to clause 6 of this Agreement shall be entitled to authorise the University to deduct from the academic's
wages or salary amounts specified by the academic in accordance with the terms of the Trust Deed governing the Fund and any regulations made
thereunder.
5.
Exemptions
The provisions of this clause shall not apply to:
(a)
an academic who earns less than $1000 between 1 January and 30 June or 1 July and 31 December in any one year; and
NOTE: the figure of $1000 shall be increased in January each year by the percentage increase in average weekly earnings for the previous year
ending in September, rounded to the nearest dollar.
(b)
Academics in respect of whom the University contributes or is required to contribute a superannuation payment to a State or Commonwealth or
Territory Government Superannuation Scheme provided that academics who contribute to SSAU shall not be exempt.
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SCHEDULE 10
1.
HECE AWARD SCHEDULE
APPLICATION
This Schedule replaces entirely the Higher Education Contract of Employment Award 1998.
2.
CONTRACT OF EMPLOYMENT
The University shall engage an academic on terms that correspond with one or other of the types of employment prescribed in this clause and in
accordance with this Schedule.
To avoid doubt nothing in this Schedule prevents an employee engaging in additional work as a casual employee in work unrelated to, or identifiably
separate from, the employee’s normal duties.
Nothing in this Schedule shall limit the number or proportion of academics that the University may employ in a particular type of employment.
2.1
Full-time employment
“Full-time employment” means all employment other than “fixed-term”, “part-time”, or “casual”. Full-time employment may contain a
reasonable probationary period that is directly related to the nature of the work to be carried out under the contract. As a condition
incidental to employment on probation, an academic shall be advised of, and given an opportunity to make response to, any adverse
material about the academic which the University intends to take into account in a decision to terminate the employment upon or before the
expiry of the period of probation.
2.2
Part-time employment
“Part-time employment” means employment for a fraction of the normal weekly workload for a full-time academic, for which all award
entitlements are paid on a pro-rata basis calculated by reference to the time worked. Part-time employment may contain a reasonable
probationary period that is directly related to the nature of the work to be carried out under the contract. As a condition incidental to
employment on probation, an academic shall be advised of, and given a opportunity to make response to, any adverse material about the
academic which the University intends to take into account in a decision to terminate the employment upon or before the expiry of the
period of probation.
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2.3
Fixed-term employment
“Fixed-term employment” means employment for a specified term or ascertainable period, for which the instrument of engagement will
specify the starting and finishing dates of that employment, (or in lieu of a finishing date, will specify the circumstance(s) or contingency
relating to a specific task or project, upon the occurrence of which the term of the employment shall expire), and for which, during the term
of employment, the contract is not terminable, by the University, other than during a probationary period or for cause based upon serious or
wilful misconduct.
Probationary Employment
Fixed-term employment may contain a reasonable probationary period that is directly related to the nature of the work to be carried out
under the contract. As a condition incidental to employment on probation, an academic shall be advised of, and given an opportunity to
make response to, any adverse material about the academic which the University intends to take into account in a decision to terminate the
employment upon or before the expiry of the period of probation.
Any second or subsequent fixed-term contract, with the University, shall not contain a probationary period.
CIRCUMSTANCES OF FIXED-TERM EMPLOYMENT
The use of “fixed-term employment” shall be limited to the employment of an academic engaged on work activity that comes within the
description of one or more of the following circumstances:
2.3.1
Specific task or project
“Specific task or project” shall mean a definable work activity which has a starting time and which is expected to be completed within an
anticipated timeframe. Without limiting the generality of that circumstance it shall also include a period of employment provided for from
identifiable funding external to the University, not being funding that is part of an operating grant from government or funding comprised of
payments of fees made by or on behalf of students.
2.3.2
Research
“Research” means work activity by a person engaged on research only functions for a contract period not exceeding five years.
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2.3.3
Replacement academic
“Replacement Academic” means an academic:
undertaking work activity replacing a full-time or part-time academic for a definable period for which the latter is either on authorised leave
of absence or is temporarily seconded away from his/her usual work area; or
performing the duties of:
a vacant position for which the University has made a definite decision to fill and has commenced recruitment action; or
a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the
employer and in progress for that vacant higher duties position
until a full-time or part-time academic is engaged for the vacant position or vacant higher duties position as applicable.
2.3.4
Recent professional practice required
Where a curriculum in professional or vocational education requires that work be undertaken by a person to be engaged who has recent
practical or commercial experience, such a person may be engaged for a fixed period not exceeding two years.
2.3.5
Pre-retirement contract
Where a full-time or a part-time academic declares that it is his or her intention to retire, a fixed term contract expiring on or around the
relevant retirement date may be adopted as the appropriate type of employment for a period of up to five years.
2.3.6
Student employment
Where a person is enrolled as a student, employment under a fixed-term contract may be adopted as the appropriate type of employment for
work activity, not within the description of another circumstance in the preceding paragraphs of this subclause, that is work within the
student’s academic unit or an associated research unit of that academic unit and is work generally related to a degree course that the student is
undertaking with the academic unit, provided that:
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such fixed-term contract employment shall be for a period that does not extend beyond, or that expires at the end of, the academic year in
which the person ceases to be a student, including any period that the person is not enrolled as a student but is still completing
postgraduate work or is awaiting results; and
that an offer of fixed-term employment under this paragraph shall not be made on the condition that the person offered the employment
undertake the studentship.
2.3.7
Executive staff
“Executive staff” means each Deputy Vice-Chancellor, Pro Vice-Chancellor, Dean and the Rector of the Australian Defence Force Academy,
Canberra, while in his/her position as Deputy Vice-Chancellor, Pro Vice-Chancellor,
Dean, and the Rector of the Australian Defence Force Academy, Canberra.
A Dean who holds a substantive academic position may only be terminated as an employee of the University (rather than having their
position of Dean terminated) by compliance with clause 10 or 14 of this Agreement.
For the purpose of this paragraph a Dean shall mean the Head of a Faculty or Division of equivalent status approved as Dean by the
University Council or other delegated University decision-making body.
New organisational area
A fixed-term contract may be offered in the case of employment in a new organisational area, for up to two years prior to or from the
establishment of any such area. A further fixed-term contract of a maximum of 12 months may be offered subsequent to the initial
contract.
For the purpose of this subclause a new organisational area shall mean:
a group of not less than three positions established in relation to a new discipline or sub-discipline of academic work not previously
offered; or
another new academic function organised either in a new geographic location outside Sydney or organised distinctly from existing schools
or centres and not created from the merger or division of or movement of work from an existing unit(s).
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A fixed-term contract offered in the circumstances described in subclause 2.3.8(a) above will be subject to the following conditions:
the letter of offer of employment includes an understanding that should the position or substantially the same position occupied by
the academic continue beyond the maximum contract period (three years) the academic shall, subject only to satisfactory
performance, be offered continuing employment in that position (or in another agreed position) at the conclusion of the
contract period;
should a position not be offered under subclause 2.3.8(b)(i), upon request by the academic, the University will, for three months
prior to the expiry of the contract, make reasonable attempts to identify other employment opportunities within the
University; and
(iii)
where a fixed-term academic employed in this circumstance is not offered further employment, he/she will receive on
cessation of employment 5 weeks severance pay for employment up to two years, and seven weeks severance pay for
employment between two and three years. This subclause will replace any entitlement to severance pay elsewhere in this
Schedule.
Disestablished organisational area
Where an organisational work area consisting of at least 3 academics has been the subject of a decision by the University to discontinue that
work within 36 months, fixed-term contract employment may be offered to work in that area provided that:
the letter of offer of employment includes an undertaking that subject to satisfactory performance, should the decision to discontinue the
work area be reversed, or should for any other reason the employee’s position or substantially the same position continue beyond a 36
month period, the academic shall be offered that work on a continuing basis.
should a position not be offered under subclause 2.3.9(a), upon request by the academic, the University will, for three months prior to the
expiry of the contract, make reasonable attempts to identify other employment opportunities within the University.
2.4
Casual employment
“Casual employment” shall mean a person engaged by the hour and paid on an hourly basis pursuant to clause 11 of this agreement.
3.
REQUIREMENT TO STATE TERMS OF ENGAGEMENT
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Upon engagement, the University shall provide to the academic an instrument of appointment that stipulates the type of employment and informs the
academic of the terms of engagement at the time of the appointment in relation to:
3.1
for academics other than casual academics, the classification level and salary of the academic on commencement of the employment, and the hours
or the fraction of full-time hours to be worked;
3.2
for a fixed-term academic, whether the term of the employment, the length and terms of any period of probation, and the circumstance(s) by
reference to which the use of fixed-term contract for the type of employment has been decided for that employment;
3.3
for any academic subject to probationary employment, the length and terms of the probation;
for casual academics:
a statement of duties to be performed;
the number of hours required;
a statement that additional duties required will be paid for;
relevant pay rates for each duty;
rights with respect to superannuation;
sources that can be contacted for further information about employment including the Human Resources Department and the Equity and
Diversity Unit;
notification of the requirement to disclose other academic employment at the University as per subclause 11.5.3 of this agreement; and
an information sheet about the University generally.
3.5
for all academics, other main conditions of employment including the documentary, or other recorded sources from which such conditions derive,
and the duties and reporting relationships to apply upon appointment can be ascertained.
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4. INCIDENTS OF FIXED-TERM CONTRACT OF EMPLOYMENT
Without derogating from any entitlement under the academic's contract or under an award provision applicable to the academic on account of the
academic's continuous service, a fixed-term contract academic shall be entitled to the benefits as set out in paragraphs 4.1.1, 4.1.2 and 4.1.3.
For the purposes of paragraphs 4.1.1 and 4.1.2, a fixed-term contract academic also includes an academic whose current fixed-term contract
commenced prior to 30 June 1998.
4.1.1 Incremental advancement
A fixed-term academic who has a period of continuous service in a classification which has an incremental structure, shall be entitled to progress through
that structure in the same way as an academic engaged as a full-time academic in the same or similar classification under a relevant award.
4.1.2 Notice of cessation or renovation of employment upon expiry of contract
The University shall provide to a fixed-term academic, other than an academic described in paragraphs 2.3.3, 2.3.5 and 2.3.6, a written notice of its
intention to renew, or not to renew, employment with the University upon the expiry of the contract. Such notice shall be the greater of:
4.1.2(a)
any entitlement to notice of the University’s intention to renew, or not renew, employment with the University upon the expiry of the
contract; or
4.1.2(b)
period of continuous service
Up to 3 years
3 years but less than 5 years
5 years or over
period of notice
at least 2 weeks
at least 3 weeks
at least 4 weeks
In addition to this notice, an academic over the age of 45 years at the time of the giving of notice and with not less than two years continuous
service shall be entitled to an additional one weeks notice.
4.1.2(c)
Where, because of circumstances relating to the provision of specific funding to support employment, external to the University and
beyond its control, the University is not reasonably able to give the notice required by this subclause, it shall be sufficient compliance with
this subclause if the University:
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advises those circumstances to the academic in writing at the latest time at which the notice would otherwise be required to be given, and
gives notice to the academic at the earliest practicable date thereafter.
4.1.3 Severance pay
A fixed-term academic whose contract of employment is not renewed in circumstances where the academic seeks to continue the employment shall be
entitled to a severance payment in accordance with paragraph 4.1.4 below in the following circumstances:
where the academic is employed on a second or subsequent fixed term contract in the circumstances described in paragraphs 2.3.1 and 2.3.2 and where
the same or substantially similar duties are no longer required by the University; or
where the academic is employed on a fixed-term contract in the circumstances described in paragraphs 2.3.1 and 2.3.2 and where the duties of the kind
performed in relation to the work continue to be required but another person has been appointed, or is to be appointed, to the same or substantially
similar duties; or
where the fixed-term contract commenced prior to 30 June 1998.
The University, in a particular case, may make application to the Australian Industrial Relations Commission to have the general severance payment or
retrenchment benefit payment prescription varied if it obtains acceptable alternative employment for the academic.
4.1.4
Severance pay entitlements
Where an academic is entitled to a severance payment in accordance with paragraph 4.1.3 above, the following payments will apply:
Length of Continuous Service
Up to the completion of 2 years
2 years and up to the completion of 3 years
3 years and up to the completion of 4 years
4 years and over
Severance pay
4 weeks pay
5 weeks pay
7 weeks pay
8 weeks pay
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4.1.5 Deferment of payment
Where the University advises an employee in writing that further employment may be offered within six weeks of the expiry of a period of fixed-term
employment, then the University may defer payment of severance benefits for a maximum period of four weeks from the expiry of the period of fixedterm employment.
4.2
Award entitlements and calculation of continuous service
In relation to other matters contained in this Agreement, a fixed-term academic shall be entitled to the same terms and conditions of employment as
would apply to a full-time or part-time academic engaged in an equivalent classification and working an equivalent fraction of full-time except where
specifically excluded by this Agreement.
For the purpose of this Agreement and for the purpose of determining which provisions under this Agreement apply to fixed-term academics, breaks
between fixed-term appointments of up to two times per year and of up to six weeks shall not constitute breaks in continuous service.
Periods of approved unpaid leave shall not count for service, but shall not constitute breaks in service for the purposes of this clause.
5.
TRANSITIONAL PROVISIONS
Clauses 2 and 3 of this Schedule do not apply during the term of the existing contract of a fixed-term academic engaged on or before 30 June 1998, or to
an academic whose employment is the subject of a form of fixed-term contract in force as at 30 June 1998.
6.
SAVINGS PROVISION
Except where a contrary intention expressly appears, nothing in this Schedule shall diminish the rights of any academic under any award (except the
Higher Education Contract of Employment Award 1998), or any agreement, or contract binding on the University in respect of the academic.
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