Enterprise Bargaining Agreement (Academic and General Staff) 2000

Part C - Salaries and Related Matters

21. Salary Increases

21.1 All University staff members to whom this Agreement applies will receive salary increases payable as follows:

21.1.1 Stage 1: 2% - payable as of the first full pay period on or after 1 March, 2000

21.1.2 Stage 2: 3% - payable as of the first full pay period on or after 1 January, 2001

21.1.3 Stage 3: 4% - payable as of the first full pay period on or after 1 January, 2002

21.1.4 Stage 4: 3.75% - payable as of the first full pay period on or after 1 March, 2003

21.2 The adjusted salary rates are set out in Schedule 2 of this Agreement. Column 1 of Schedule 2 sets out total minimum amounts for all salaries being paid prior to 1 March 2000. Columns 2, 3, 4 and 5 sets out the adjusted salary rates which will apply as a result of this Agreement.

22. Payment of Salaries

22.1 A staff member employed in a classification specified in Schedule 2 shall be paid salary within the salary range assigned to that classification in the Schedule, with the exception of staff members employed in accordance with clause 13.

22.2 Fortnightly Pay
All staff members shall be paid their salary on the basis of a fortnightly pay period and such payment shall be made fortnightly.

22.3 Method Of Payment
A staff member shall be entitled to have his/her salary paid directly into any bank, building society or credit Union account nominated by the staff member or, if the University so determines, by cheque.

22.4 Payment To Third Parties
Except in the case of a court order, payment of the salary of a staff member to a third party shall only be made on the written authority of the staff member.

22.5 Statement Of Salary Details
All salary payments shall be accompanied by a statement setting out the relevant details on which the payment is based. This statement shall include gross salary, tax payable, higher duties allowance if applicable, arrears and a full list of deductions authorised by the staff member specifying the amount of each deduction.

22.6 Pay-Day On A Public Holiday
Where a pay-day falls on a public holiday observed by the University salaries shall be paid on the preceding day on which the University is open for business.

23. Deductions Require Written Authority

The university shall make deductions from a staff member's salary for superannuation contributions on the written authority of the staff member. Such other deductions requested by the staff member and agreed to by the University shall also require the written authority of the staff member.

24. Advance Payment of Salaries

Where a staff member is due to commence a period of annual leave, parental leave, long service leave, or Outside Studies Program leave in excess of ten working days and the staff member requests advance payment for such leave, the University shall pay the staff member in advance provided that the staff member gives reasonable notice to the University. The staff member shall be entitled to advance payment for up to twelve weeks of the period of leave and four weeks notice shall be accepted by the University as reasonable notice, but the University may accept a lesser period of notice and may elect to make advance payment for a longer period. Where exceptional circumstances exist, advance payment may be made for periods of less than ten working days.

25. Adjustments to Salaries

25.1 Where a staff member's salary classification changes, the date of effect of the change shall be considered the date of appointment for the purpose of determining the date of effect of incremental increases.

25.2 Payment of salaries adjusted for incremental increases shall be made no later than the first pay-day on or after the date of the effect of the increase, provided that in the case of increases with effect from 1 January payment may be made on the first pay-day in February of the same calendar year.

25.3 In the case of a change in salary due to promotion, change in classification or payment of a higher duties allowance, payment of salary at the adjusted rate shall be made no later than the first available pay-day which allows at least ten working days between the date of receipt of salary change by the pay office and the pay-day.

26. Replacement of Salary

26.1 An underpayment to a staff member shall be corrected and full payment made to the staff member within two working days following notification by the staff member to the University of the underpayment except that by mutual agreement between the staff member and the University such payment may be made not later than the pay day for the next pay period.

26.2 A lost or damaged cheque shall be reissued by the University where possible within two working days of notification to the University by the staff member concerned.

27. Pro-rata payment

Where a staff member is entitled to paid leave in accordance with this Agreement and the staff member is employed on a fractional-time basis, the staff member shall not by reason of being a fractional-time staff member be required to serve a longer period of service to qualify for any leave entitlements or be granted any lesser period of leave but shall be paid pro rata for any such leave.

28. Annual Leave Loading

28.1 All staff members subject to this Agreement, except casual and sessional staff, shall be entitled on the pay day preceding the date of leave accrual, (15 December) to an annual leave loading equal to 17-1/2 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.

28.2 Staff members whose employment commences after 15 December in any accrual 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 accrual year, provided that the maximum payment is in the proportion that such number of months bears to twelve months.

28.3 Staff members whose employment is terminated prior to 15 December in any accrual year will be entitled to a pro rata bonus payment for the number of completed months of continuous service in that accrual 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.

29. Payment of Annual Leave Loading

All eligible staff shall receive payment for their annual leave loading in the pay period in which 15 December occurs, unless the staff member's employment ceases prior to this date, in which case, payment shall be made on a pro-rata basis, at the time of cessation of employment.

30. Voluntary Scheme for the Substitution of Annual Leave Loading for Extra Holidays

30.1 Participation in the following scheme is voluntary. Entry into and exit from the scheme is open in January of each year.

30.2 Staff participating in this scheme will receive three and one half (3.5) days' leave in addition to annual leave. These three and a half extra days leave will be taken in accordance with normal University leave processes, but are non-cumulative and must be taken prior to 31 December in any given year.

30.3 The additional three and one half (3.5) days leave granted pursuant to this clause will not attract penalty rates if staff work on any one of these days.

30.4 In return for the granting of these additional three and one half (3.5) days leave the staff member shall forfeit his/her entitlement to the payment of annual leave loading in the year in which the leave is taken. From the date of certification, any enactment, award or agreement giving a staff member participating in this scheme an entitlement to annual leave loading shall cease to have effect, and annual leave loading shall cease to be paid to a staff member participating in this scheme.

31. Salary Packaging

31.1 Salary packaging arrangements shall be available to all continuing and fixed term contract staff, provided the fixed term contract is for a period of twelve months or more. This arrangement is not available to casual and sessional staff.

31.2 Notwithstanding the rates for various classifications as listed in Schedule 2 in this Agreement, the parties agree a staff member will be able to enter into negotiation with respect to an individual remuneration package which may result in his/her cash salary being reduced in favour of a mix of benefits and cash salary.

31.3 A staff member who negotiates an individual remuneration package will be required to enter into an agreement with the University that sets out the terms and conditions applying to the provision of salary and benefits package. Such terms and conditions will include the following:

31.3.1 The superannuable salary for both rate of contribution and benefit purposes is calculated by reference to the appropriate salary and incremental point for the classification as contained in Schedule 2 of this Agreement; and

31.3.2 For periods of paid leave the staff member retains the reduced salary and benefits; and

31.3.3 The salary for calculation of annual leave loading is the appropriate salary and incremental point for the classification as contained in Schedule 2 of this Agreement.

31.4 The items which may be salary packaged are as determined by the University from time to time but may include:

31.4.1 payment of University car parking fees;

31.4.2 payment of fees for University - provided childcare;

31.4.3 the staff member's contribution to the Unisuper Fund;

31.4.4 payment of fees for membership of the University Sports and Recreation Association.

31.5 The parties agree that if legislation or other changes result in increased cost of salary packaging to the University, the University may elect, at its discretion, to either discontinue salary packaging or offer the staff member a new salary package where the staff member meets the additional cost. Where the staff member does not accept the new offer, the University will elect to discontinue salary packaging.

31.6 Notwithstanding anything contained within this clause, the staff member's salary rate as specified in Schedule 2 of this Agreement will be used as the figure in relation to which the following entitlements are calculated:

31.6.1 termination payments, including superannuation, annual leave and long service leave entitlements;

31.6.2 calculation of redundancy benefits;

31.6.3 calculation of early retirement benefits; and

31.6.4 overtime and shift payments.

31.7 Each staff member who enters into an agreement in accordance with the provisions of sub-clause 31.3 above shall be entitled to renegotiate any salary and benefits package arising from such an agreement.

31.8 It is the University's intention that where a staff member who has participated in salary packaging for a period of 2 years or more, wishes to withdraw from the arrangement, the University will agree to such withdrawal, subject to the withdrawal not contravening the taxation status of the scheme, for either the University or the staff member.

31.9 The University shall advise all interested staff members to seek their own independent financial advice prior to entering into salary packaging arrangements.

31.10 The University will provide an opportunity for all staff to attend information sessions about the salary packaging arrangements.

31.11 In the event that salary packaging arrangements are provided to the staff member by a third party, the University shall exercise its best endeavours to avoid or minimise any loss suffered by the staff member which the University becomes aware of, or which may arise, as a result of the staff member relying on general advice given by the third party or any loss suffered by the staff member as a result of incorrect administration of the scheme by the third party.

31.12 Where the University elects to vary the items which may be offered generally to staff for inclusion in salary packaging arrangements, the University and the Union will enter into expeditious consultation prior to such changes being implemented.

31.13 Nothing in this clause shall be taken to effect the method or basis of calculation for which Union deductions are made which remains a matter for the Union.

32. Superannuation

32.1 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.

32.2 For new staff employed during the nominal term of this Agreement, the University will provide the same superannuation contributions and arrangements as are currently provided to existing staff.

32.3 Sub-clause 32.2 will end as a term of this Agreement on the nominal expiry date of this Agreement.

33. Tertiary Education Superannuation Scheme (TESS)

This clause relates only to that component of the University contributions to superannuation funds in respect of a staff member that would be payable under the TESS Award were it not for this Agreement.

33.1 Definitions
For the purposes of this clause, the following definitions shall apply:

33.1.1 "The Fund" means UniSuper, a superannuation fund formed by the merger of the Tertiary Education Superannuation Scheme and the Superannuation Fund for Australian Universities in accordance with the successors fund provisions of the Superannuation Industry (Supervision) Act 1993 (Cth.).

33.1.2 "Ordinary time earnings" means:
(a) the rate of salary prescribed in this Agreement for the staff member's classification; and
(b) any other payment that is superannuable at the date of commencement of this Agreement or which subsequently becomes superannuable whether by agreement or by arbitration.

33.1.3 "Casual staff member" means:

in respect of academic staff- a staff member 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.
in respect of general staff- a staff member who is employed for less than 100 hours by the University between 1 January and 30 June or 1 July and 31 December in any one year.

33.2 Contributions to the Fund

33.2.1 The University shall contribute to the fund in respect of each staff member subject to this Agreement a payment of 3 per cent of ordinary time earnings. Provided that where the contract of a staff member is such that the staff member will not necessarily exceed the criteria set out in sub-clause 33.1 3 of this Agreement, the University shall not be liable to make regular deductions. In such cases the University shall assess retrospectively, in January or July as the case may be, whether the staff member is or is not a casual staff member for the purposes of this clause. If the staff member is not excluded by reason of being a casual staff member, then the University shall forward 3 per cent of the ordinary time earnings of the staff member during the relevant period to the Fund not later than two months after the end of the relevant qualifying period.

33.2.2 Contributions are to be made whilst staff members are receiving pay, including:

periods of paid absence; and
whilst on workers compensation provided the staff member is receiving "make-up pay" under the provisions of this Agreement or under the provisions of a relevant Act.

33.2.3 If the staff member'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.

33.3 Cessation of Contributions
Where a staff member ceases employment the University shall not be liable to make contributions with respect to that staff member after the last date of employment.

33.4 Staff Member Contributions
Staff members subject to this Agreement 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 sub-clause 33.2.2 above shall be entitled to authorise the University to deduct from the staff member's wages or salary amounts specified by the staff member in accordance with the terms of the Trust Deed governing the Fund and any regulations made thereunder.

33.5 Exemptions
The terms of this clause shall not apply to:

33.5.1 casual and sessional staff members as defined in this clause; and

33.5.2 staff members 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 staff members in respect of whom the University, by virtue of its adherence to the Trust Deed of the Fund, is required to contribute to Division A, B or C of the Fund shall not be exempt.