INTRODUCTION

The Monash University enterprise agreement was certified by the Australian Industrial Relations Commission on 7 February 1996.

The document which follows details the agreement reached by Monash University, the National Tertiary Education Industry Union and the Asutralian Liquor Hospitality and Miscellaneous Workers Union. Benefits to staff include:

• 2% salary increase back-dated to 23 December 1995, the date the parties signed the agreement;
• a flexible fractional work arrangement for staff prior to retirement with considerable superannuation support from the University;
• clear guidelines for modes of employment;
• flexible leave arrangements for staff with family responsibilities; and
• improved redeployment processes for both general and academic staff.

The agreement also outlines improvements in the way the University operates, in addition to those listed above. The outcomes of these changes are providing commonality in conditions and increased efficiency and productivity. Some of the changes are:

• general staff annual leave loading to be in the last pay of each year;
• management of excessive leave entitlements;
• management of incremental progression for academic staff;
• changes to the university holiday arrangements; and
• changes to the working hours and tea break arrangements for trades and services central maintenance staff.

For further copies, the agreement can be found on the World Wide Web (http://www.monash.edu.au/emprel/enterprise.htm) or is available in hard copy from the Personnel Services Division. If you have any queries, please contact the Personnel Officer assigned to your faculty or group. If you are unsure who your Personnel Officer is, please call the general Personnel enquiries extension 56039.

MEMORANDUM OF AGREEMENT

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1. TITLE

This Agreement shall be referred to as the Monash University Enterprise Agreement 1995.

2. ARRANGEMENT

3. INTENT OF AGREEMENT

3.1 It is the intention of this Agreement to maintain and foster improved industrial relations at Monash University.

3.2 It is intended by this Agreement to further the parties’ aim of creating a harmonious industrial relations environment within which the unions and Monash University may bargain and consult at the enterprise level.

3.3 The basis of this Agreement is productivity and efficiency increases demonstrated in a form agreed by the parties.

4. OPERATION OF AGREEMENT

This Agreement shall come into force on the date of certification in the Australian Industrial Relations Commission and shall operate for a period of 12 months.

5. APPLICATION

This Agreement shall be binding to its terms upon Monash University, the National Tertiary Education Industry Union, and the Australian Liquor Hospitality and Miscellaneous Workers Union, their members and any employee eligible to be a member. It is comprehended by this agreement that it may be varied to include the Construction Forestry Mining Engineering Union, the Australian Manufacturing Workers Union and the Australian Workers Union within its scope. Such variation will be made if approved by the Commission pursuant to s170ML of the Industrial Relations Act 1988.

6. AWARDS

This Agreement operates in conjunction with the following awards:

• Australian Universities Academic and Related Staff (Salaries) Award 1987;
• Universities and Post Compulsory Academic Conditions Award 1995;
• Higher Education Workers Victoria (Interim) Award 1993;
• Victorian Post Compulsory and Higher Education Academic and Teaching Staff (Conditions of Employment) Interim Award 1990;
• Tertiary Education Superannuation Scheme (TESS) - Superannuation Award 1988;
• Universities and Affiliated Academic Research Salaries (Victoria and Western Australia) Award 1989; and
• Australian Universities Academic Staff (Contract of Employment and Other Matters) Interim Award 1988.

7. SALARY INCREASES

7.1 A 2% salary increase shall apply to all classifications covered by this Agreement and shall apply from the commencement of the first pay period on or after the date that all parties have signed this Agreement and all necessary documents required to complete an application for certification to the Australian Industrial Relations Commission.

7.2 Accordingly, notwithstanding any provision to the contrary in the Australian Universities Academic and Related Staff (Salaries) Award 1987 and the Higher Education Workers Victoria (Interim) Award 1993 total minimum salaries for academic, general and trades and service staff at Monash University shall be as set out in Column 2 of Schedule 1.

7.3 If Commonwealth salary supplementation is announced over and above the Higher Education cost indexation announced in the May 1995 Budget, the parties undertake to reopen salary negotiations at the earliest opportunity. Such negotiations will be subject to any conditions imposed on the University by the Commonwealth in respect of the additional salary supplementation provision.

7.4 Column 1 of Schedule 1 sets out total minimum amounts for all salaries and payments currently being paid prior to the commencement of this Agreement. Column 2 sets out amounts which will take effect at Monash University in accordance with 7.1 above.

7.5 The salaries provided for in this Agreement may be varied pursuant to Section 170ME of the Industrial Relations Act to reflect any increases agreed during the period of operation of the Agreement. Any such variation shall have effect only if it is agreed by the parties and approved by the Commission pursuant to Section 170ML.

7.6 Notwithstanding the above, no employee shall be paid a rate less than that which, but for the operation of the Agreement, would be payable under an award from the Commission.

7.7 The parties agree upon the importance of Commonwealth salary supplementation for salary increases. Where the union/s intend to seek increases in Commonwealth salary supplementation the parties agree to discuss University support for such an application.

8. CONSULTATION ABOUT CHANGE

8.1 The parties recognise that the formal collegiate processes for decision making as established by the university will continue to operate.

8.2 The University undertakes to consult with unions and staff where a proposed significant or substantial change will affect staff.

8.3 If a decision to proceed is made by the University, then management will consult or negotiate as appropriate with unions and staff about the implementation of that change, particularly where the change is likely to have an impact on the work, conditions or career prospects of staff. The consultations or negotiations as appropriate will be conducted within a frame work which acknowledges the statutory obligations and responsibilities of the University management and there will be no union power of veto over the University’s decision making processes.

8.4 For the purpose of this Agreement, "negotiation" shall be defined as "discussion between the parties to this Agreement with the intent of reaching agreement".

9. FLEXIBILITY FOR EMPLOYEES WITH FAMILY RESPONSIBILITIES

9.1 Eligibility for Leave

9.1.1 A Monash staff member (except casual/sessional employees) with responsibilities for the care of a family member shall be entitled to use special family leave provisions for absences relating to the illness of the family member.

9.1.2 For the purpose of this clause family member shall mean either:

• a member of the staff member’s household; or
• a member of the staff member’s immediate family.
• “Immediate family” includes spouse, child, parent, grandparent, grandchild, sibling, or any other person with whom the University is satisfied that the employee has a bona fide immediate family relationship. “Spouse” includes spouse, defacto spouse, former spouse and former defacto spouse. “De facto spouse” means a person of the opposite or same sex who lives with the staff member as husband, wife or partner of the staff member on a bona fide domestic basis although not legally married to that person. “Child” includes a dependent or adult child (including an adopted, step or ex-nuptial child).

9.2 Periods of Paid or Unpaid Leave

A staff member, is entitled to access sick leave credits to a maximum of five working days in any one calendar year to support a member of the employee’s family who is ill.

In addition a staff member, by arrangement with the University, may access:

9.2.1 up to a maximum of five days’ annual leave in single days;

9.2.2 make up time, whereby a staff member may choose to perform additional work at ordinary time to make up for time lost; or

9.2.3 unpaid leave.

9.3 Paid special family leave provisions as outlined above will not be cumulative from year to year.

9.4 Access to 9.2.2 and 9.2.3 for family leave purposes is only available to staff with less than 40 days annual leave credit.

9.5 After 31 December 1996, staff members seeking access to sick leave for family leave purposes should have an annual leave credit of less than 40 days.

9.6 Notification

All absences relating to special family leave must be supported by the production of satisfactory evidence of illness of the family member such as a medical certificate or statutory declaration.

9.7 This clause (clause 9) shall not override any rights conferred on any employee .by any award of the Australian Industrial Relations Commission in force from .time to time, and specifically relating to family leave.

9.8 Review after Commission Determination

The parties agree that the Implementation Committee (refer clause 20 of this Agreement) will review this clause 9 - Flexibility for Employees with Family Responsibilities - in the light of any Commission determination arising from the current application to make an Award pursuant to the Family Leave test case decision of 15 February 1995. Any consequent variation to this clause shall have effect only if it is agreed by the parties and approved by the Commission pursuant to Section 170ML of the Industrial Relations Act.

10. STAFF DEVELOPMENT AND TRAINING

10.1 Within six months of the certification of this Agreement the Implementation Committee (refer clause 20) will review the Monash University general staff job rotation scheme and other measures to assist in the development and training of staff with the objective of reaching agreement upon a variation to this Agreement. Such variation shall have effect only if it is agreed by the parties and approved by the Commission pursuant to Section 170ML of the Industrial Relations Act.

10.2 The parties agree to negotiate, within six months of the date of certification, upon guidelines for the training of academic supervisors in the context of Commissioner Bryant’s April 1995 Academic Second Tier Award Decision and in reference to the joint AHEIA and NTEU statement on supervisor training.

10.2.1 The parties agree that the nominated supervisor of all academic staff members for the purpose of clause 7(a) of the Universities and Post Compulsory Academic Conditions Award 1995, will be the relevant immediate academic line manager unless the University nominates or the academic staff member requests the nomination of an alternative supervisor.

11. REDEPLOYMENT FOR ACADEMIC AND GENERAL STAFF

The parties agree to the adoption of the following policy.

11.1 Introduction

The intention of the policy is to adopt a positive approach through which:

• movement of staff can be facilitated from areas with declining need to areas with greatest existing or emerging need;
• staff members and the University have opportunity to use existing skills and expertise to advantage; and
• opportunities will be provided for staff to acquire additional skills and experience.

11.2 Definitions

Redeployment may occur as a result of:

• management initiated major changes to the structure/role of an administrative unit or work unit which significantly affects the duties of staff members;
• financial exigency where there is not the capacity at the budget unit level to fund existing positions; or
• relocation of primary campus imposing major inconvenience to a staff member eg. through additional travel.

11.3 Eligibility

The following staff are eligible to be redeployed:

• members of staff who have continuing appointments;
• members of staff who have fixed term appointments (excluding casual appointments); and

Members of staff who hold continuing or fixed term appointments, and who are affected by reorganisation will remain respectively, continuing or contract appointees and enjoy those entitlements provided under their current awards.

11.4 Procedures

Once the Dean or divisional head has consulted with Personnel Services Division and staff have been designated by Personnel Services Division as requiring redeployment they will be informed by their supervisor/head of administrative unit and given names of whom they may consult for advice.

The following procedures will then occur:

11.4.1 The staff member will be interviewed to ascertain career interests, experience, knowledge, career aspirations and training needs including some discussion on level of skills. Assistance by a trained adviser will be provided in developing a resumé, letter of application, and interview skills, together with a personal career plan.

11.4.2 A trained adviser will give assistance on steps considered necessary to provide appropriate training activities for the staff member. This will be provided with a view to enhancing his/her skills within or beyond the timeframe identified for redundancy notice in the University's redundancy provisions.

It will be ascertained at this stage whether training or retraining would enable the staff member to remain with the department/administrative unit or whether consideration of redeployment elsewhere in the University may be necessary.

11.4.3 Staff being considered for redeployment will be informed of potential vacancies and provided with details including position descriptions and selection criteria. Deans and heads of administrative units will be informed of this policy requirement by memorandum from the Director of Personnel Services Division.

11.4.4 Where the staff member applies for a position about to be advertised, and satisfies the selection criteria, the convenor of the selection committee will interview the staff member prior to the advertisement being placed.

11.4.5 In the event that the interview confirms that the staff member satisfies the selection criteria, or would with reasonable training, a transfer will be effected at the earliest possible mutually acceptable date for all parties.

11.4.6 Where the position is at a classification level less than their tenured or contracted level, they may access the relevant University salary maintenance provisions.

11.4.7 In the event of an unsuccessful interview, the relevant officer of Personnel Services Division should first be satisfied of the validity of the decision, in which case the staff member may then be given feedback in the normal way by the convenor of the selection committee. If the decision is not accepted as valid and the staff member is considered to satisfy the selection criteria, then:

• the supervisor of the work unit where the vacancy exists will be required to employ the staff member for a three month trial period, with salary and on-costs being met by the staff member's original work unit; and
• the staff member may be required to take up the vacancy for an initial three month trial period.

The trial period will focus on the skill match of the staff member against the position occupied (and any potential vacancies which arise) and his/her ability to meet the selection criteria, if appropriate, with a reasonable level of training relevant to the position (or potential vacancy).

11.5 Where a staff member does not apply for a vacancy which in the opinion of the University represents an appropriate and reasonable redeployment then the University may make a formal offer of redeployment to that position.

11.6 A staff member who:

• declines a formal offer of redeployment other than on reasonable grounds such as geographic location relative to the previous work location or a fundamental mismatch of skills and experience; or
• has been unsuccessful in securing a position by redeployment or transfer;

may, after a period normally of three months, be declared surplus to the University's staffing requirements and subject to the redundancy provisions of the applicable academic or general staff award.

11.7 Redeployment pursuant to this clause will be deemed to have concluded when the staff member:

• accepts an offer of an alternative position, provided the position is permanent if the staff member is a continuing employee, or the position will continue until the expiration of the employee's fixed-term appointment;
• is declared surplus under the relevant award by the University.

11.8 Access to the University's grievance procedures is available to staff members who consider themselves aggrieved by this process.

11.9 The Implementation Committee (refer to clause 20) will meet on a regular basis to monitor the redeployment of union members.

11.10 During the application of these redeployment processes, and any trial redeployment, a member will retain his/her current salary, classification and incremental range.

11.11 Union members have the right to Union representation throughout all stages of this redeployment process.

11.12 Responsibility for redeployment processes is vested with Personnel Services Division whose officers will work to encourage co-operation between all parties involved and to seek to ensure swift resolution of redeployment situations.

12. FRACTIONAL APPOINTMENT SCHEME FOR RETIREMENT PLANNING PURPOSES

Academic or general staff who wish to reduce their time commitment during the latter part of their careers at the University may wish to apply for the voluntary fractional employment scheme detailed below.

12.1 Participation in the scheme is voluntary.

12.2 Staff are eligible to participate in the scheme when they are within five years or less of being eligible to receive a retirement benefit from their superannuation scheme. Staff need not be full-time (1.0) to be eligible.

12.3 Fractional appointments are to be limited to fractions of not less than 0.3 and not more than 0.8 of full-time.

12.4 Eligible employees will transfer to a fixed-term appointment with the University paying a subsidy to maintain employer SSAU and TESS contributions (or equivalent State Superannuation provisions) at the rate applicable for the former substantive continuing appointment.

12.5 The staff member will make superannuation employee contributions at the level appropriate to his/her new fraction of appointment. The University will also provide a subsidy payment sufficient to ensure the retention of superannuation benefits appropriate to the former substantive continuing appointment.

12.6 The workload and pattern would be determined by the head of the administrative unit and approved by the head of the administrative group, according to a role and responsibilities, agreed between the Head and the staff member, appropriate to the fraction of full-time appointment.

12.7 Further reductions in fraction, within the specified limits, may be agreed at any time, to a new fraction of not less than 0.3.

12.8 Annual leave, sick leave and long service leave will accrue at the new fractional rate with adjustment of entitlement to provide fully for prior service. The fraction of appointment may be adjusted for a period to facilitate clearing any excess annual and long service leave credits ie. over 40 days and 136.5 days respectively.

12.9 Staff will transfer to a fixed-term fractional contract of no greater than five years in length. Further fixed-term contracts may follow.

12.10 The Deputy Vice-Chancellor, on the recommendation of the Dean or equivalent, may approve a request for early retirement with supplementary payment based on an appropriate scheme being available and any benefit normally being determined against the former substantive appointment with the retirement benefit reduced by supplementary payments made under this scheme.

12.11 This above scheme operates in addition to the existing “Part-time (Fractional) Appointment Prior to Retirement Scheme”.

13. INCREMENTAL PROGRESSION SCHEME FOR ACADEMIC STAFF

13.1 Annual salary incremental progression will be automatic for academic staff unless the following process is undertaken with an individual staff member. This scheme does not prohibit supervisors from discussing performance issues with their staff on a regular basis.

13.2 Where a supervisor forms a view that the performance of a staff member may require improvement then the following process may be activated which, at its conclusion, may result in the withholding of an increment.

13.3 The process will include the following steps:

13.3.1 The supervisor will provide the staff member with a copy of this process and notice of at least two working days of intent to conduct a meeting under these procedures. At that meeting the supervisor will apprise the staff member orally and in writing, of the supervisor’s concerns about his/her performance. The staff member will be provided with the opportunity to respond.

13.3.2 If the supervisor still considers that performance is less than satisfactory, then the supervisor will:

• counsel the staff member;
• provide appropriate support and assistance, including facilitating the provision of professional development if appropriate;
• develop, with the staff member, agreed objectives, consistent with the staff member’s classification and position description and the Position Classification Standards; and
• agree with the staff member upon a timeline of a minimum of one semester, or equivalent duration, within which reasonable improvement toward satisfactory performance should be achieved.

(13.3.1 and 13.3.2 may occur at the same meeting, by agreement between the supervisor and the staff member.)

13.3.3 If satisfactory performance is not achieved by the conclusion of the timeline then the supervisor may submit to the Vice-Chancellor (or delegate from the Vice-Chancellery) a report and a recommendation that incremental advancement be withheld. At the time of submitting the report and recommendation the supervisor will advise the staff member of this action.

13.3.4 The Vice-Chancellor (or delegate) may determine to reject the supervisor’s report and recommendation, in which case the supervisor will ensure that all records relating to 13.3.1, 13.3.2 and 13.3.3 are destroyed.

13.3.5 If the Vice-Chancellor (or delegate) does not determine to reject the report and recommendation then:

• the Vice-Chancellor (or delegate) will provide the staff member with sufficient access to the report and recommendation, to allow the staff member to prepare an informed response;
• the staff member will be allowed 10 working days in which to submit a written response; and
• at the conclusion of the 10 working days the Vice- Chancellor (or delegate) will proceed to consider the report and recommendation together with any response from the staff member and any other information which the Vice- Chancellor (or delegate) deems appropriate.

13.3.6 If the Vice-Chancellor (or delegate) approves the withholding of an increment then the staff member will be advised of the decision and provided with a copy of the supervisor’s report and recommendation.

13.3.7 An aggrieved staff member may access an appeals committee within 10 working days of a decision to not award the increment being made if he/she:

• contests the merit of the supervisor’s actions during this process by submitting mitigating circumstances; and/or
• contests the merits of a recommendation to withhold an increment.

13.3.8 The appeals committee will comprise:

• an academic supervisor from another faculty, nominated by the Vice-Chancellor (or delegate);
• an academic staff member, nominated by the Vice- Chancellor (or delegate), from a pool agreed between the Vice-Chancellor (or delegate) and the NTEU Branch; and
• an academic staff member, nominated by the NTEU Branch.

13.3.9 Supervisors will receive agreed training, if appropriate, prior to any utilisation of this process.

13.3.10 The supervisor and/or the staff member may access the advice and assistance of agreed, and appropriately trained, facilitators to assist in this process.

13.3.11 Throughout the above process the supervisor and/or the staff member may elect to be supported by a person of his/her choosing. This person may be an officer of the AHEIA or the NTEU, but may not be a practising barrister or solicitor.

13.3.12 This process will not be utilised for staff on probation.

14. CHRISTMAS/NEW YEAR CLOSEDOWN ARRANGEMENTS

14.1 Queen’s Birthday will become a normal working day for all staff across all campuses of the University.

14.2 For all academic staff, general staff covered by the Monash Agreement, and general staff subject to the conditions of the former PACCT Award, Labour Day, Queen’s Birthday, and Melbourne Cup Day will all be normal working days and holiday penalty payments will not apply for time worked on those days. In exchange, the University will grant five non-cumulative University holidays which will be taken on the days falling between Christmas Day and New Year’s Day, excluding any Saturday or Sunday or public holiday. The shortfall of such days available between Christmas Day and New Year’s Day, will be granted by the University prior to the next closedown period. Each year, existing general staff employed subject to the conditions of the former PACCT Award at the Gippsland campus as at the date of certification of this Agreement, will be granted by the University an additional half day of special leave prior to each closedown period. The additional half day of special leave will be non-cumulative from year to year and will not be subject to any pay-in-lieu arrangement upon termination. Gippsland based staff who take annual leave on Labour Day will not be granted the half-day of special leave (refer to 14.10 below). The University indicates that it may seek a review of the provision of the half day special leave in a future round of enterprise bargaining in the context of its objective of uniform leave conditions across the University.

14.3 When an academic staff member or Monash Agreement general staff member leaves the employ of the University at any campus prior to the commencement of the closedown period, then he/she will receive payment in lieu of working Labour Day, Queen’s Birthday, and/or Melbourne Cup Day at the rate of one and one-third day’s pay for each of those days worked. A general staff member, subject to the conditions of the former PACCT Award, leaving the employ of the University prior to the commencement of the closedown period will receive payment in lieu of working Labour Day and/or Queen’s Birthday at the rate of one and one-half day’s pay for each of those days worked, and will receive one day’s pay-in-lieu if he/she worked on Melbourne Cup Day.

14.4 For trades and services general staff, Labour Day, Queen’s Birthday, and Melbourne Cup Day will also be normal working days. In exchange the University will grant four non-cumulative University holidays which will be taken on the days falling between Christmas Day and New Year’s Day, excluding any Saturday or Sunday or public holiday. Where there are only three such days available between Christmas Day and New Year’s Day, the remaining balance of one University holiday will be granted by the University prior to the next closedown period. In addition, trades and services general staff may be required to take an accrued RDO or a day’s annual leave or leave without pay at the end of the closedown period to ensure that they resume duty on the same date as their supervisors, where those supervisors are not trades and services general staff.

14.5 The following provisions will apply regarding payment for time worked by trades and services general staff on those days:

14.5.1 time worked will be paid at the rate of time and one-half where Labour Day, Queen’s Birthday, and/or Melbourne Cup Day are not specified as holidays under the staff member’s applicable award conditions;

14.5.2 time worked will be paid at a rate which equates to the difference between single-time and the holiday penalty prescribed under the staff member’s applicable award conditions, where Labour Day, Queen’s Birthday, and/or Melbourne Cup Day are specified as holidays under those award conditions and the holiday penalty prescribed exceeds double-time; and,

14.5.3 time worked will be paid at the rate of single-time where the staff member’s applicable award conditions do specify Labour Day, Queen’s Birthday, and/or Melbourne Cup Day as holidays but the holiday penalty prescribed under those award conditions is double- time or less.

14.6 When a trades and services general staff member leaves the employ of the University prior to the commencement of the closedown period, then he/she will receive payment in lieu of working Labour Day, Queen’s Birthday, and/or Melbourne Cup Day at the rate of one day’s pay for each of those days worked.

14.7 Provided further that any trades and services general staff who were employees of Chisholm Institute at the date of merger with Monash and who have remained employees of the University since that time will be subject to the same arrangements which apply to academic and Monash Agreement general staff, except that they will be covered by the provisions applying to trades and services staff generally regarding payment for time worked on Labour Day, Queen’s Birthday, and/or Melbourne Cup Day.

14.8 All references to Melbourne Show Day as a holiday in any award or agreement applying to University staff will be rendered nugatory and void.

14.9 Applications for annual leave on Queen’s Birthday by any staff member will ordinarily be approved.

14.10 Recognising that Gippsland Campus general staff may currently access the Labour Day public holiday, the University agrees that an application for annual leave from a Gippsland based general staff member for the day nominated as Labour Day will ordinarily be approved. Gippsland based staff who take annual leave on Labour Day will not be granted the half-day of special leave as outlined in 14.2 above.

15. GUIDELINES TO ASSIST IN DETERMINING APPROPRIATE MODE OF EMPLOYMENT

The following guidelines are for assisting line management in deciding the appropriate mode of employment. The contents of this clause do not remove any obligation upon the University in relation to modes of employment under any current award or agreement.

15.1 Academic Mode of Employment

15.1.1 CONTINUING OR TENURABLE APPOINTMENT

15.1.1.1 A continuing appointment may be either full-time or fractional time.

15.1.1.2 A continuing appointment is made where the Dean so determines, following appropriate advice and consideration which may include:

• advice from the head of the administrative unit and/or a faculty committee;
• advice from a staffing budgets sub-committee;
• projection of on-going student demand;
• staff experience profile;
• the desirability of obtaining the best possible applicant;
• recognition of the sector-wide tenure ratios as established by the Australian Industrial Relations Commission; and/or
• the over-riding control of the Vice-Chancellor.

15.1.1.3 The head of the administrative unit shall initiate a review of a position which has been filled on a fixed-term, casual or sessional basis for five consecutive years. If the position is found to be on-going, it shall normally be filled by a continuing appointment and, if so, will be advertised in accordance with University policy.

The requirement to advertise may be waived to allow the appointment of the incumbent subject to:

• the position having been filled by the incumbent on a fixed-term basis following external advertisement; and
• the approval of the relevant Dean and Deputy Vice-Chancellor.

Staff members will be free to apply and reapply in open competition for any advertised vacant position on completion of, or during, their appointment.

15.1.1.4 A full-time or fractional-time continuing employee shall be given by the University written advice of:

• the date on which the employment is to commence;
• the classification of the employee;
• the salary rate of the employee;
• a statement of the required duties and responsibilities;
• the terms and conditions of employment applicable to the employee; and
• the hours of duty and time of attendance of the employee, if fractional time.

15.1.2 FIXED-TERM APPOINTMENT

15.1.2.1 Subject to the considerations detailed in 15.1.2.2 below, fixed-term appointments will normally be for three years, and may be renewed for up to a further three years. Grant funded recurrent appointments are normally for the period for which funding is guaranteed or are annually renewable within the funding period.

15.1.2.2 A fixed-term appointment is made where the Dean so determines following appropriate advice and consideration which may include:

• a report from the head of the administrative unit and/or advice from a faculty committee;
• advice from a staffing budgets sub-committee;
• projections of on-going student demand;
• staff experience profile;
• recognition of the sector-wide tenure ratios as established by the Australian Industrial Relations Commission;
• the desirability of obtaining the best possible applicant; and/or
• the over-riding control of the Vice-Chancellor.

15.1.2.3 A full-time or fractional-time fixed-term employee shall be given by the University written advice of:

• the date on which the employment is to commence;
• the date on which the employment is to terminate;
• the classification of the employee;
• the salary rate of the employee
• a statement of the required duties and responsibilities;
• the terms and conditions of employment applicable to the employee; and
• the hours of duty and time of attendance of the employee, if fractional time.

15.1.3 SESSIONAL APPOINTMENT

15.1.3.1 Sessional staff are casual staff who are appointed to undertake a single or specific number of sessions related to demonstrating, tutoring, lecturing, marking, supervision or other duties. Appointment may be up to a full academic year. Payment for these services is based on a sessional or hourly rate specified in Schedule 1 of this Agreement.

15.1.3.2 A sessional academic staff member who is engaged for lectures, tutorials or demonstrations for 60% of the time or more of the teaching contact hours expected of a full-time staff member of similar designation for one term (or semester) shall be engaged as a fractional continuing or fixed-term employee.

15.2 General Staff Mode of Employment

General staff positions and appointments can either be continuing, fixed- term or casual. In considering which alternative, the Head of administrative unit should be cognisant of the following:

• contract appointments are not a substitute for the proper use of probationary review and assessment procedures;
• the need to offer career advancement to competent experienced staff; and
• the importance of providing continuity and retaining expertise.

15.2.1 CONTINUING APPOINTMENT

A continuing appointment may be either full-time or fractional-time. A continuing appointment is made where the Dean or General Manager so determines following appropriate advice and consideration which may include:

• current and projected work demands;
• a report from the head of budgetary group; and/or
• the desirability of obtaining the best possible applicant.

A proposal to fill a vacant post with a continuing appointment must be approved by the Dean or General Manager.

A full-time or fractional-time continuing employee shall be given by the University written advice of:

• the date on which the employment is to commence;
• the classification of the employee;
• the salary rate of the employee;
• a statement of the required duties and responsibilities;
• the terms and conditions of employment applicable to the employee; and
• the hours of duty and time of attendance of the employee, if fractional time.

15.2.2 FIXED-TERM APPOINTMENT

A fixed-term appointment may be either full-time or fractional time for a specific period of time.

A fixed-term appointment is made where the dean or general manager so determines following appropriate advice and consideration which may include:

• current and projected work demands;
• a report from the head of budgetary group; and/or
• the desirability of obtaining the best possible applicant.

A proposal to fill a vacant post with a fixed-term appointment must be approved by the Dean or General Manager.

On engagement, a fixed-term employee shall be given written advice of the following by the University:

• the date on which the employment is to commence;
• the date on which the employment is to terminate;
• the classification of the employee;
• the salary rate of the employee;
• a statement of the required duties and responsibilities;
• the terms and conditions of employment applicable to the employee; and
• the hours of duty and time of attendance of the employee, if fractional time.

Grant supported staff may be appointed for up to the period for which grant funds are generated.

15.2.3 CASUAL APPOINTMENT

15.2.3.1 A casual appointment is engaged by the hour and paid an hourly loading.

15.2.3.2 The engagement of a casual employee is limited to 16 weeks at any one time, but where casual work continues to be available an employee may be offered a further contract for employment as a casual employee.

15.2.3.3 On engagement a casual staff member shall be given by the University written advice of:

• the classification;
• the wage rate;
• the expected hours of duty and time of attendance; and
• the terms and conditions of employment applicable to the staff member.

15.2.3.4 The casual staff member will be paid for a minimum of three hours whether or not the time for which the person is hired for that engagement is less than three hours, other than for students of the University for whom the three hours may be worked over the fortnightly payroll period.

16. PAY EQUITY STUDY

The parties are committed to gender pay equity including participation in a national pay equity study subject to commonwealth funding of the study.

17. CONTRACTING OUT

The University undertakes to consult with affected employees and the relevant union/s prior to taking any formal decision to contract out. Such consultation will take place within a reasonable timeframe on the understanding that the union/s will not have a power of veto over any subsequent decision to contract out.

18. CHANGES TO WORKING HOURS/TEA BREAK ARRANGEMENTS FOR TRADES & SERVICES MAINTENANCE STAFF

18.1 The current arrangement for trades and services general staff of the Works Branch of Facilities and Services Division, Clayton Campus (excluding garden maintenance staff) is to work a 38-hour week over a 19-day month with an 8.00am start, a paid 10-minute morning tea break currently taken at 10.00am at the workshops facility, an unpaid 30-minute lunch break, a paid 10-minute afternoon tea break currently taken at 3.00pm in the workshops facility, and a 4.30pm finish.

18.2 The following changes to working hours and tea break arrangements will apply to the staff referred to in 18.1:

18.2.1 That staff will work an average 38-hour week over a nine-day fortnight;

18.2.2 That staff will commence duty at 7.50am and take an unpaid 30- minute lunch break;

18.2.3 That staff will continue to take a paid 10-minute morning tea break, with the option of continuing to take this at the workshops facility or at the location of their job site;

18.2.4 That staff will cease duty daily at 4.47pm;

18.2.5 That staff will continue to be entitled to a paid 10-minute afternoon tea break which will be scheduled to commence at 10 minutes prior to finishing time ie. 4.37pm; and

18.2.6 That staff may elect to leave the University prior to finishing time either at the commencement of, or during the afternoon tea break.

18.3 These revised arrangements are however subject to the following conditions:

• the introduction of a swipe-card time recording system for staff sign- on and sign-off purposes;
• RDOs may not be taken in advance of the accrual of the entitlement;
• RDOs will be rostered on the basis of the work requirements of the staff member’s particular work unit;
• staff may in exceptional circumstances be required to report for duty on a day rostered as an RDO without the payment of overtime or other penalties, provided that that RDO is transferred to a mutually agreed time at a later date but not later than the next accrued RDO; and
• the revised working hours and tea break arrangements will not extend to Monash Agreement general staff of the Works Branch.

18.4 In addition, a joint committee comprising equal numbers of management and trades staff delegates will be established to oversee the implementation and operation of the revised working hours and tea break arrangements, including the provision of supervision for the increased span of hours and the feasibility of taking of annual leave in conjunction with RDOs. After six months, the joint committee will review the effectiveness of this new nine- day fortnight arrangement. If the majority of the members of the Joint Committee agree that this new arrangement is not operating effectively, (ie no improvements in productive time or minimisation of reasonable supervisory problems are not being minimised) then the nine-day fortnight arrangement will be abolished and staff will return to the arrangement as outlined in clause 18.1 above.

19. LEAVE MATTERS

19.1 Management of excessive leave entitlements

19.1.1 Any staff member who has an accumulated annual leave entitlement in excess of 30 working days as at 31 December 1995 will be formally requested by his/her supervisor to enter into a mutual agreement that will specify when, within the 1996 calendar year, the excess leave will be taken, such that at 31 December 1996 the staff member will have an annual leave credit of less than 40 days.

19.1.2 After 31 December 1996, at the commencement of each half year any staff member with an annual leave entitlement in excess of 30 days will be formally requested by his/her supervisor to enter into a mutual agreement that will specify when, within that half year, sufficient leave will be taken to avoid the accumulated leave entitlement exceeding 40 working days at the conclusion of the half year period.

19.1.3 If the staff member and the supervisor are unable to agree upon the time of taking leave then the matter will be referred to the line manager of the supervisor or Dean or Director, Personnel Services who may direct the taking of the excessive annual leave, and the staff member’s annual leave record will be adjusted accordingly.

19.1.4 After 31 December 1996 where 19.1.1, 19.1.2 and 19.1.3 have taken place, the only circumstance in which an annual leave entitlement could exceed 40 days would be with the specific approval of the Vice-Chancellor, on the prior recommendation of the relevant Dean(s) or the General Manager.

19.1.5 Where a staff member considers that the limitation of annual leave credits beyond 40 days is unreasonable and caused by circumstances not within his/her control, he/she may appeal to the Vice-Chancellor.

19.2 Payment of annual leave loading.

19.2.1 Currently all staff receive a payment for their annual leave loading on the last pay day preceding the end of the calendar year, except for Monash Agreement general staff located at the Caulfield, Clayton and Peninsula campuses who receive a pro-rata annual leave loading payment as they take their annual leave during the year.

19.2.2 The parties agree that from 1 January 1997, Monash Agreement general staff located at the Caulfield, Clayton and Peninsula campuses, will receive a payment for their annual leave loading on the last pay day preceding the end of the calendar year. These staff will receive a payment of all outstanding annual leave loading entitlements as at 31 December 1996 on the last pay day prior to 31 December 1996.

19.2.3 Before the last pay period prior to 31 December 1996 current arrangements for annual leave loading will remain unchanged.

19.3.Existing leave conditions for academic staff.

Within six months of the certification of this Agreement the Implementation Committee (refer clause 20 of this Agreement) will review Monash University policies on the provision of leave for academic staff with the objective of preparing draft clauses for the codification of existing leave conditions by variation to this Agreement. Such variation shall have effect only if it is agreed by the parties and approved by the Commission pursuant to Section 170ML of the Industrial Relations Act.

20. IMPLEMENTATION OF AGREEMENT

A Joint Consultative Committee titled the “Implementation Committee” will be established to monitor at a policy level the implementation of this Agreement. The membership will consist of:

• up to six University management representatives, one of whom shall be convenor;
• up to four University employees nominated by the NTEU;
• up to two University employees nominated by the ALHMWU; and
• each party to this Agreement shall have the right to nominate to the Committee one official from the relevant union or the AHEIA who shall be a non-voting participant.

The Committee will meet upon the request of one of the parties; shall form sub- committees, as appropriate, to deal with matters specific to one union or one section of staff; and will report its findings to the Deputy Vice-Chancellor.

21. DISPUTE SETTLING PROCEDURES

21.1 Where any dispute arises as to the application of this or any preceding Agreement:

21.1.1 In the first instance an accredited representative(s) of the union(s) and the appropriate representative(s) of management shall discuss the dispute and attempt to reach agreement.

21.1.2 Where a dispute is not resolved under clause 21.1.1 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 nominees of management; and
• two nominees of the union(s).

21.1.3 The Disputes Committee shall attempt to resolve the matter within one working week of its first meeting. Any resolution shall be in the form of a written agreement subject, if necessary, to ratification by either party.

21.2 INDUSTRIAL ACTION

Until the procedures described in clause 21.1 above have been exhausted:

• work shall continue in the normal manner;
• no industrial action shall be taken by management or the union(s);
• management shall not change work, staffing or the organisation of work if such is the subject of the dispute, nor take any other action likely to exacerbate the dispute; and
• the subject matter of the dispute shall not be taken to the Australian Industrial Relations Commission by the union(s) or management.

21.3 Should the dispute not be resolved by the processes referred to in clause 21.1 above the matter may be referred to the Australian Industrial Relations Commission for conciliation or arbitration by either party in which case the parties shall be bound by any recommendation or decision of the Commission.

21.4 It is acknowledged that if the dispute relates to an alleged ambiguity or uncertainty in this Agreement any party may at any time apply for variation of the Agreement to eliminate the alleged uncertainty or ambiguity or the commission may act of its own motion to take steps to vary the Agreement.

21.5 In addition, where, further agreements are reached under Part VIB, Division 2 of the Act, such agreements shall include appropriate dispute settling procedures.

22. AVAILABILITY OF AGREEMENT

Copies of this Agreement shall be kept in a well-publicised and easily accessible place on each campus of Monash University and be available for inspection upon request by any employee of Monash University.

23. RE-OPEN NEGOTIATIONS

The parties undertake to re-open negotiations not less than three months prior to the expiry of the period of this Agreement with a view to negotiating and settling any replacement Agreement. The parties undertake not to seek to re-open matters covered by this Agreement during its life except as provided in clauses 7, 9, 10 and 19.

Schedule 1

Each rate below shall be applied and paid in the same manner as if it were the corresponding rate in the relevant award or agreement which applied previous to this Agreement.

* Any Level A academic required to carry out full subject co-ordination duties as part of his or her normal duties, or whom upon appointment holds or during appointment gains a relevant doctoral qualification, shall be paid a salary no lower than this salary point.

Maintained by Pauline Whalley
Approved by the Assistant General Manager, Personnel Services. Updated 19 December, 1997

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