PART A - APPLICABLE IN COMMON TO ALL TRADES AND SERVICES GENERAL STAFF
This Agreement shall be known as the Monash University Enterprise Agreement (Trades & Services General Staff) 1997.
Clause Subject
PART B
In this Agreement, unless otherwise specified, the following terms will have the meaning as specified herein:
4.1 This Agreement provides a series of changes, reforms and initiatives consistent with the University’s objective of achieving a competitive, world standard, internationally recognised higher education institution committed to the highest quality outcomes in teaching, learning, research and a wide range of professional and community activities.
4.2 It is intended by this Agreement to further the parties’ aim of creating a harmonious industrial relations environment within which Monash University, the staff of the University, and the union may bargain and consult at the enterprise or workplace level to their mutual benefit.
4.3 The basis of this Agreement is productivity and efficiency increases demonstrated in a form agreed by the parties.
4.4 The parties agree that enterprise bargaining needs to be consistent with and supportive of the University’s Monash Plan.
This Agreement shall come into force on 1 August 1997 and shall have an expiry date of 31 December 1999.
6. APPLICATION AND PARTIES BOUND
6.1 This Agreement shall be binding according to its terms upon Monash University, the Australian Liquor Hospitality and Miscellaneous Workers' Union, the Australian Manufacturing Workers Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Mining and Energy Union and the National Union of Workers.
6.2 This Agreement applies to all trades and services general staff of the University who are members or eligible to be members of the unions listed in subclause 6.1 above..
6.3 This Agreement will be submitted for certification under section 170LJ of the Workplace Relations Act 1996.
7.1 Operation of Awards
This Agreement applies in conjunction with the following awards whilst they are operative:-
7.2 Award Simplification Process
The parties agree that the provisions of awards as they stood at 31 December 1996 pertaining to staff governed by this Agreement shall remain in force until the nominal expiry date of this Agreement.
The parties will immediately commence discussions and negotiations on the development of a Monash University award aimed at standardising award conditions of all staff governed by this agreement. The award will be based on allowable award matters specified under section 89A of the Workplace Relations Act 1996 and will be the subject of an application to the Australian Industrial Relations Commission under section 49, Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996.
Conditions of employment which do not fall within the allowable award matters prescribed or which are not regarded as incidental to those matters will be subject to negotiations for a certified agreement.
The parties agree to conclude negotiations on the above prior to the nominal expiry date of this Agreement.
7.3 Performance Based Contracts
The University may, in accordance with this sub-clause, enter into contracts with certain members of staff employed in the manner described in subparagraph (a), which set out key performance criteria or targets which must be met within defined time frames or under defined circumstances ("performance-based contracts").
(a) Contracts entered into pursuant to this sub-clause may be offered only if the contract involves an offer of employment to trades and services general staff employed at or above HEW 10D who receive salary and cash-equivalent loadings of $90,000 or more.
(b) Where the University intends to offer a person a performance-based contract in accordance with this sub-clause it must:
(d) In circumstances where the performance-based contract stipulates that Clause 14 of this Agreement shall not apply, then it is a term of this Agreement that the nominated clause shall not apply to the employment.
7.4 Operative Clauses from previous Enterprise Agreement
The Monash University Enterprise Agreement 1995 will continue to be effective, except to the extent of any inconsistency with this Agreement, provided that the following provisions of the Monash University Enterprise Agreement 1995 will be of no effect as from the commencement of this Agreement:
8. PERFORMANCE MANAGEMENT AND INCREMENTAL PROGRESSION
8.1 A joint Performance Management and Incremental Progression Working Party will be established within the first twelve months of certification of this Agreement. At the first meeting of this working party, a process for the conduct of future meetings shall be determined.
8.2 The terms of reference of the working party shall be the development of a performance management system incorporating the following objectives:
8.4 If and when a performance management system is developed by the working party, and it is agreed by each of the parties to this Agreement, such performance management system shall apply in replacement of clauses 5 and 6 of the Monash University General Staff Award Restructuring Agreement 1993.
9.1 Notwithstanding the rates for various classifications in the relevant award or 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 or her salary being reduced in favour of a mix of benefits and cash salary.
9.2 All staff covered by this Agreement may salary package certain items. These items are as determined by the University from time to time but may include:
9.4 Notwithstanding anything contained within this clause, the employee'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:
9.7 In the event of a staff member withdrawing from the salary package arrangements in accordance with subclause 9.5 above, the University will determine the transitional arrangements such that no overpayment of salary occurs to a staff member as a result of the withdrawal.
10. MANAGEMENT OF ANNUAL LEAVE
The following initiative is being implemented to contain annual leave liabilities to a manageable level and is designed to ensure that members of staff take appropriate action to manage their own annual leave credits.
The accrual and taking of annual leave shall be in accordance with the following principles:
10.1 Staff members are expected to take leave accrued over a twelve month period, as early as possible upon its accrual.
10.2 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 mutualagreement that will specify when, within that half year, sufficient leave will be taken to avoid the accumulated leave exceeding 40 working days at the conclusion of the half year period.
10.3 If the staff member and the supervisor are unable to agree upon the arrangements for the taking of leave then the matter will be referred to the line manager of the supervisor who may direct the taking of the excessive annual leave and the staff member’s annual leave record shall be adjusted accordingly. The staff member may appeal the line manager’s direction to the Head of the Budgetary Unit or equivalent.
10.4 A staff member may apply to his or her Head of the Budgetary Unit for approval to accumulate leave up to a maximum of 40 days and such approval shall not be unreasonably withheld.
10.5 Commencing 1 January 1999, where a staff member’s annual leave balance exceeds 40 working days at either 1 February or 1 August of each year, that staff member shall immediately be deemed to be absent from his or her employment on annual leave and his or her annual leave balance will be adjusted accordingly until the balance is reduced to 30 working days.
10.6 The University will not be liable to compensate a staff member who suffers a loss of annual leave accruals as a result of subclause 10.5. Further, the University will not be liable for payment of leave in excess of 30 working days in the event of termination of employment of the staff member except where:
11. MANAGEMENT OF LONG SERVICE LEAVE
11.2 From 1 January 1998, staff who have or will have a long service leave balance in excess of 136.5 calendar days by 31 December 1998 will be formally requested by his/her supervisor to enter into a mutual agreement that will specify when, prior to 31 December 1998, sufficient leave will be taken to avoid the accumulated leave exceeding 136.5 calendar days.
11.3 From 1 January 1999, staff who have or will have a long service leave balance in excess of 109.2 calendar days by 31 December 1999, will be formally requested by his/her supervisor to enter into a mutual agreement that will specify when, prior to 31 December 1999, sufficient leave will be taken to avoid the accumulated leave exceeding 109.2 calendar days.
11.4 If the staff member and the supervisor are unable to agree upon the arrangements for the taking of leave then the matter will be referred to the line manager of the supervisor who may direct the taking of the excessive long service leave and the staff member’s long service leave record shall be adjusted accordingly. The staff member may appeal the line manager’s direction to the Head of the Budgetary Unit or equivalent.
11.5 Commencing 1 January 2000, where a staff member’s long service leave balance exceeds 109.2 calendar days at either 1 February or 1 August of each year, that staff member shall immediately be deemed to be absent from his or her employment on long service leave and his or her long service leave balance will be adjusted accordingly until the balance is reduced to 109.2 calendar days.
11.6 The University will not be liable to compensate a staff member who suffers a loss of long service leave accruals as a result of subclause 11.5. Further, the University will not be liable for payment of leave in excess of 109.2 calendar days in the event of termination of employment of the staff member, except where the termination precedes the agreed date under either subclause 11.2 or 11.3 or the date determined by the line manager or on appeal to the Head of the Budgetary Unit or equivalent under subclause 11.4.
11.7 Upon application by a staff member, the Head of the Budgetary Unit may approve the taking by the staff member of double the period of long service leave entitlement on half pay, in lieu of the period of long service leave entitlement on full pay, or of any portion of the staff member’s long service leave entitlement on full pay or double such period on half pay.
12.1 Productivity Initiatives
As a result of productivity initiatives incorporated in this Agreement and its Appendices, all staff members to whom this Agreement applies will receive salary increases payable as follows:
13.1 The parties recognise the need to improve customer service by providing greater accessibility for staff and students to University services. This will be achieved by introducing the following processes:
The supervisor shall be responsible to ensure that the staff member is given the opportunity to take any time accrued as soon as operationally convenient.
It is recognised that workloads may fluctuate according to seasonal demands.
14. WORK PERFORMANCE AND CONDUCT
14.1 Where disciplinary action is necessary for continuing unsatisfactory performance, the management representative shall notify the staff member of the reason. The first warning must be verbal and will be recorded on the staff member’s personal file. The management representative shall inform the staff member that a union representative may be present if desired by either party.
14.2 If the need for disciplinary action continues, the matter will be discussed with the staff member and a second warning will be given to him/her in writing and recorded on his/her personal file. The management representative shall inform the staff member that a union representative may be present if desired by either party.
14.3 If the need for disciplinary action continues after the second warning, the relevant management representative will again meet with the staff member and, if necessary, a final warning will be issued to the staff member in writing. The management representative shall inform the staff member that a union representative may be present if desired by either party.
14.4 In the event that there is a need for disciplinary action after the final warning, then the staff member’s employment may be terminated. No dismissals are to take place without appropriate management authorisation.
14.5 Summary dismissal of a staff member may still occur for acts of serious and wilful misconduct. If a dispute should arise over any disciplinary action taken (excluding summary dismissals or other terminations of employment), the dispute settling procedures of this Agreement shall apply and any resolution achieved shall be accepted by the parties as final.
14.6 If after any warning a period of twelve months elapses without any further warnings being issued or other disciplinary action undertaken, that warning and all adverse reports relating to that warning are required to be removed from the staff member’s personal file.
16. PAYMENT OF ANNUAL LEAVE LOADING
16.1 The parties agree that from 1 January 1998, staff subject to this Agreement will receive a payment for their annual leave loading on the last pay day preceding the end of the calendar year. Staff will receive a payment of all outstanding annual leave loading entitlements as at 31 December 1997 on the last pay day prior to 31 December 1997.
16.2 Before the last pay period prior to 31 December 1997 current arrangements for annual leave loading will remain unchanged.
17. DISPUTE SETTLING PROCEDURES
17.1 Where any dispute arises as to the application of this or any preceding agreement:
17.1.2 Where a dispute is not resolved under subclause 17.1.1 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 management nominees; and
- two union nominees.
17.4 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.
Copies of this Agreement shall be displayed in a well-publicised and easily accessible place on each campus of Monash University including the University’s Homepage on the World Wide Web, and be available for inspection upon request by any staff member.
The parties agree not to pursue any extra claims relating to any matters covered by this Agreement during the period of operation of this Agreement, unless the Agreement specifically contemplates such extra claim(s).
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 in accordance with this clause and as provided in clauses 6.2 and 7 of this Agreement.
Signed for and on behalf of
MONASH UNIVERSITY
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Application
The terms of this Appendix shall apply to trades and services general staff employed within the Halls of Residence, whose classifications or occupations are covered by the scope or jurisdiction of the following former state award (as preserved pursuant to the Higher Education Workers Victoria (Interim) Award 1993) and who are eligible for membership of at least one of the unions signatory to this Agreement, whether they are union members or not:
SECTION ONE
This Section applies to all trades and services general staff employed within the scope of the Application clause above, on or before the date of certification of this Agreement.
1.1 Span Of Hours
The parties confirm that the former State Boarding School Employees Award conditions shall continue to apply for the purposes of this clause and note that there will be no formal span of hours for work to be performed.
1.2 Non-Continuing Employment
1.2.1 As the Halls of Residence is fully self funding, receiving no income from any other source either directly or indirectly, all costs and expenditure associated with the Halls of Residence annual operation must be recouped for the most part from student accommodation rental income. The accommodation rental fees, maintenance schedules, cleaning requirements, food service requirements and other services and facilities offered to the residents are generally fixed for a period of one year only. As operational changes can be and are made on a yearly basis, the Director of the Halls of Residence reserves the right to employ staff on fixed term appointments.
1.2.2 A fixed term appointment is made where the Director of the Halls of Residence so determines following appropriate advice and consideration which may include:
for a specific period of time.
1.2.6 Provided there remains an on-going requirement and consideration is given to items expressed under subclause 1.2.2, there shall be no limit to the number of times an employee may be offered additional fixed term appointments.
1.2.7 Employees on current fixed term appointments, at the end of their current appointment, may be offered a new fixed term appointment on either a full-time or fractional time basis without the need to be appointed through an open externally advertised selection process.
SECTION TWO
This Section applies to any person first employed, within the scope of the Application clause above, after the date of certification of this Agreement.
2.1 Casual Employment
2.1.1 Where a person is ready, willing and available to work the number of hours required by the Halls of Residence, such hours being less than 38 hours per week, he or she may be offered casual employment.
2.1.2 All persons employed as casual employees shall be employed on a fixed term contract which shall specify the start date and the end date of the offer of employment.
2.1.3 Casual employees are not entitled to paid sick leave.
2.1.4 Casual employees are not entitled to paid annual leave.
2.1.5 Casual employees are not entitled to be paid an annual leave loading.
2.1.6 Casual employees are not entitled to be paid overtime or shift allowances.
2.1.7 A casual employee will be rostered for and paid for a minimum of two hours on any single engagement, except for students of the University who may be rostered for one hour engagements, provided a minimum of two hours are rostered during any pay period.
2.1.8 If a conference and/or function scheduled outside term time, is cancelled or the numbers attending reduced, due to circumstances outside the control of management, casual employees rostered to work at that function and/or conference may have their rosters reduced accordingly, provided that affected employees will be notified at the earliest possible opportunity. An employee reporting for work as a result of not having been notified will be paid for a minimum engagement.
2.2 Penalty Rates
2.2.1 The casual penalty rate for casual employees for working Monday to Friday shall be ordinary time plus 25%.
2.2.2 Weekend penalty rates for casual employees shall be as follows:
1. Application
The terms of this Appendix shall apply to trades and services general staff employed on any campus within the University’s Facilities and Services Division (Services) whose classifications or occupations are covered by the scope or jurisdiction of the following former state awards (as preserved pursuant to the Higher Education Workers Victoria (Interim) Award 1993) and who are eligible for membership of at least one of the unions signatory to this Agreement, whether they are union members or not:
2.1 It is a principle of this agreement that there is a commitment to employment security.
2.2 The parties agree that there are to be no changes to the cleaning operations at the Clayton Campus for the duration of this Agreement and that there shall be no reduction in the number of cleaners at Clayton as a result of changes implemented as a result of this Agreement.
2.3 In changes to staffing levels, consultation with staff, their Unions and their appointed representatives will be undertaken at the earliest possible time.
3. Hours of Work and Tea Break Arrangements
3.1 The parties agree that that services staff covered by this agreement will work to standard start and finish times in their respective areas at each campus which would still entitle employees to a Rostered Day Off.
3.2 Morning Tea Break
Three hour cleaning staff at Clayton will not to be entitled to a paid morning tea break.
4. Consultation about Change
The University undertakes to consult with the union(s) and staff where a proposed significant or substantial change will affect staff.
If a decision to proceed is made by the University, then management will consult or negotiate as appropriate with the union(s) 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.
For the purpose of this Agreement, "negotiation" shall be defined as "discussion between the parties to this Agreement with the intent of reaching agreement".
5. Work at campuses other than the staff members usual campus
Should a staff member be required to work at a campus other than the staff member's usual campus, it is expected that the staff member would start and finish at his/her usual campus except in circumstances where it suited the staff member to start or finish at the other campus.
6. Management of leave
6.1 Minimum periods of annual leave
Periods of annual leave will be for periods of no less than 5 working days except where annual leave is taken in accordance with and pursuant to Clause 9 of the Monash University Enterprise Agreement 1995.
6.2 Sick Leave
For any sick leave in excess of three aggregate working days in any year of service, a staff member must provide proof of illness.
7. Non-Continuing Employment Review Process
7.1 The University notes the Higher Education (Non-continuing Contract Employment) Interim Award 1996. The parties note their concerns with the practice of employing staff either:
will, as early as possible but no later than the commencement of the notice period specified in their contract or 5 weeks before the expiry of their term of appointment, whichever is the earlier, be advised whether they will:
7.5 Provided that the following staff shall be excluded from the operation of this provision:
1. Application
The terms of this Part of this Appendix shall apply to trades and services general staff employed within the Sports and Recreation Association, whose classifications or occupations are covered by the scope or jurisdiction of the following former state award (as preserved pursuant to the Higher Education Workers Victoria (Interim) Award 1993) and who are eligible for membership of at least one of the unions signatory to this Agreement, whether they are union members or not:
The shift allowances payable to staff shall be those as specified in the former State Building Services Award.
3. Span of Hours
The span of hours for ordinary time of work shall be 6.30 a.m. to 6.00 p.m. Penalty rates are not payable during these hours.
4. Rostered Day Off
Permanent part-time staff will be eligible to receive one rostered day off per month on the basis of accrued time worked up each month.
5. Overtime
The overtime rates, current as at date of effect of this Agreement, will continue to apply.
6. Minimum Engagement
Casual staff will be provided with a minimum period of employment on each appointment as follows:
7. Meal Breaks
- Week days (Monday to Friday) - 2 hours
- Weekends (Saturday and Sunday) - 3 hours
7.1 Meal Break
8.1 Staff and the union will consult with management with a view to increasing productivity in order to reduce the average number of hours cleaning per week from 220 hours to 200 hours. These hours are assessed as the average weekly figure calculated over the period 1/1/98 to 31/12/98.
8.2 Staff will maintain the increased productivity so as to ensure the average number of hours cleaning per week is a maximum of 200 hours as per subclause 8.1 above.
8.3 If the number of cleaning hours is achieved at or below the targeted level, as specified in subclause 8.1 above, it is agreed that during the nominal period of operation of this Agreement management will not contract out cleaning services without first reaching agreement with the cleaning staff of the Sports and Recreation Association and the union.
8.4 It is further agreed that the target number of hours specified in subclause 8.1 above is based on the requirements for cleaning areas which are currently the responsibility of the cleaning staff of the Sports and Recreation Association. If further areas are added to the cleaning schedule, the target number of hours may be adjusted by agreement between management, staff and the union.
9. Non- Continuing Employment Review Process
Management, staff and the union agree to the principles of the 'Non-continuing employment review process' as detailed in Attachment 1. It is agreed that where the provisions of Attachment 1 are to be implemented, consultation as required will occur prior to changing the employment status of any staff member.
1. Application
The terms of this Part of this Appendix shall apply to trades and services general staff employed within the Sports and Recreation Association, whose classifications or occupations are covered by the scope or jurisdiction of the following former state award (as preserved pursuant to the Higher Education Workers Victoria (Interim) Award 1993) and who are eligible for membership of at least one of the unions signatory to this Agreement, whether they are union members or not:
2.1 Nine-day fortnight
Staff will be eligible to take a 10 minute tea break in the morning and afternoon, resulting in a 10 minute per day productivity increase over the established work practice.
4. Overtime
The overtime rates, current as at date of effect of this Agreement, will continue to apply.
5. Minimum Engagement
Effective from the date of operation of this Agreement the minimum period of employment on Sundays will be 3 hours.
6. Re-allocation of Duties
It is agreed that as a recognised productivity increase the gardening position previously held by Philip Twining is now abolished and the duties of that position will be re-allocated to the remaining grounds staff.
7. Work Practice Review
Work practices, job structure and delineation and equipment requirements have been and will continue to be revised through discussions between management and staff with a view to generating productivity savings.
8. Daylight Saving Arrangements
To assist in the alleviation of the problems of working in hot conditions and thus increase productivity, during daylight saving time each year, where it is appropriate to the type of work being undertaken (as assessed by management and staff), staff will commence work at 7.00 a.m. and cease work at 3.56 p.m.
9. Non- Continuing Employment Review Process
Management, staff and the union agree to the principles of the Non-Continuing Employment Review Process as detailed in Attachment 1. It is agreed that where the provisions of Attachment 1 are to be implemented, consultation as required will occur prior to changing the employment status of any staff member.
1. Application
The terms of this Appendix shall apply to trades and services general staff employed within the Sports and Recreation Association, whose classifications or occupations are covered by the scope or jurisdiction of the following former state award (as preserved pursuant to the Higher Education Workers Victoria (Interim) Award 1993) and who are eligible for membership of at least one of the unions signatory to this Agreement, whether they are union members or not:
The rate of payment for casual staff during the core span of hours shall be time and a quarter, as specified in the former State General Shops Award. Other penalty rates remain as per the award.
3. Span of Hours
The span of hours for ordinary time of work shall be those as specified by the former State General Shops Award and includes 7.00 a.m. to 9.00 p.m. (Monday to Friday). Penalty rates are not payable during these hours.
The following table compares the existing conditions and the new conditions (specific conditions for these and any time periods not mentioned in the table are as per the award).
| Time | Current Conditions | New Conditions |
4. Meal Break
A 30 minute meal break will be taken as necessary to ensure that shifts do not include a period which exceeds 5 continuous working hours without a meal break.
5. Minimum Engagement
The minimum period of engagement will be reduced from 3 hours to 2 hours.
6. Staff Meetings
Staff will attend at least 3 staff meetings a year to facilitate communication, consistency of customer service and other related work matters. Staff will not be paid for attending such meetings.
7. Introduction of New Work Practices
7.1 Hire/Loan Equipment Procedures
Management, staff and the union agree to the principles of the Non-Continuing Employment Review Process as detailed in Attachment 1. It is agreed that where the provisions of Attachment 1 are to be implemented, consultation as required will occur prior to changing the employment status of any staff member.
1. Application
The terms of this Part of this Appendix shall apply to trades and services general staff employed within the University Union whose classifications or occupations are covered by the scope or jurisdiction of the following former state award (as preserved pursuant to the Higher Education Workers Victoria (Interim) Award 1993) and who are eligible for membership of at least one of the unions signatory to this Agreement, whether they are union members or not:
2.1 A "seasonal worker" shall be defined as an employee whose terms of engagement are
variable in accordance with the seasonal work requirements of their place of employment. Seasonal workers employed prior to or on the date of certification of this Agreement shall receive a loading equivalent to 8% of the base rate for their classification except where a higher penalty rate or loading is prescribed herein.
Seasonal workers first employed after the date of certification of this Agreement shall receive a loading equivalent to 4 % of the base rate for their classification except where a higher penalty rate or loading is prescribed below.
2.2 All seasonal work will be rostered for a period of not less than two weeks. During the currency of the roster, working arrangements will only be varied where agreement is reached between the staff member and management. A "roster" includes work performed on Monday - Friday, but excludes any work performed on Saturday and Sunday.
2.3 If a function, scheduled outside term time, is cancelled due to circumstances outside the control of management, employees rostered to work at that function may have their rosters reduced accordingly, provided that affected employees will be notified at the earliest possible opportunity. An employee reporting for work as a result of not having been notified will be paid as for a minimum engagement.
2.4 New rosters will be posted at least one week prior to the end of the current roster.
2.5 A seasonal worker will be rostered for a minimum of three hours on any single engagement, except for students of the University who may be rostered for one hour engagements, provided a minimum of three are rostered during any pay period.
2.6 There will be no minimum number of engagements per week and the number of engagements may vary between rosters.
2.7 Where seasonal work variations are such that the seasonal worker is not required for the time set down in the roster, they will be advised at least one week prior to the next roster on which they will be required.
2.8 Periods or roster cycles during which a seasonal worker is not engaged will not count as service, but neither will they act to interrupt the continuity of service.
2.9 (i) A seasonal worker may be offered additional hours during the period of a roster, (ie Monday- Friday). Such work will be paid at the normal seasonal work rate provided it does not lead to a seasonal worker exceeding 76 hours during the currency of any roster.
Work performed in excess of the stated limit shall attract the appropriate overtime rate as provided in subclause (ii) below.
(ii) Overtime worked from Monday to Friday will be paid at the rate of time-and- a-half for the first three hours, double-time thereafter.
2.10 Seasonal workers will be entitled to:
2.12 Seasonal workers first employed after the date of certification of this Agreement shall not be entitled to any loadings provided under subclause 2.1 for the following public holidays: Good Friday, Easter Monday and Easter Tuesday, except where those days are worked by the staff member in which case the applicable penalty rate shall apply.
2.13 Clause 9 of the Monash University Enterprise Agreement 1995 is extended to seasonal workers.
3. Casual loadings
A casual worker is engaged by the hour and paid an hourly loading. Casual workers employed prior to or on the date of certification of this Agreement shall receive a loading of 31.33% of the base rate for their classification for each hour worked.
Casual workers first employed after the date of certification of this Agreement shall receive a loading of 25% of the base rate for their classification for each hour worked.
4. Multi-Hire Arrangements
All staff may elect to earn extra income by being re-engaged as multi-hire employees to work on Saturday and Sunday. The following rates of pay shall apply:
(i) full-time and seasonal staff employed prior to or on the date of certification of this Agreement:
No employee shall be required to work more than 5 consecutive hours without a break for a meal. However, a staff member may elect to work up to six consecutive hours without a break for a meal. A meal break shall be of at least 30 minutes duration but not more than one hour.
6. Leave Reserved
1. Application
The terms of this Part of this Appendix shall apply to trades and services general staff employed within the University Union whose classifications or occupations are covered by the scope or jurisdiction of the following former state awards (as preserved pursuant to the Higher Education Workers Victoria (Interim) Award 1993) and who are eligible for membership of at least one of the unions signatory to this Agreement, whether they are union members or not:
a) ‘Part-time casual’ staff employed prior to or on the date of certification of this Agreement shall receive a loading equivalent to 12% of the base rate for their classification.
b) ‘Part-time casual’ staff first employed after the date of certification of this Agreement shall receive a loading equivalent to 10 % of the base rate for their classification.
3. Weekend penalty rates
All work performed on a week-end shall incur the following penalty rates:
a) full-time and ‘part-time casual’ staff employed prior to or on the date of certification of this Agreement:
4.1 All staff members first employed after the date of certification of this Agreement shall be entitled to:
5. Leave reserved
1. Application
The terms of this Part of this Appendix shall apply to trades and services general staff not previously employed prior to the date of certification of this Agreement within the University Union whose classifications or occupations are covered by the scope or jurisdiction of the following former state awards (as preserved pursuant to the Higher Education Workers Victoria (Interim) Award 1993) and who are eligible for membership of at least one of the unions signatory to this Agreement, whether they are union members or not:
The following penalty rates shall apply:
(a) for all work performed on a week day by full-time and part-time staff: time and a half
(b) for all work performed by any staff on
Saturday - time and one quarter for all hours worked.3. Meal breaks
Sunday - time and three quarters for all hours worked.
No staff member shall be required to work more than 5 consecutive hours without a break for a meal. However, a staff member may elect to work up to 5 and 1/2 consecutive hours without a break for a meal. A meal break shall be of at least 30 minutes duration but not more than one hour.
4. Labour Day, Queens Birthday and Melbourne Cup Day
Work performed on Labour Day, Queens Birthday and Melbourne Cup Day by staff first employed after the date of certification of this Agreement shall be at ordinary time only and the provisions of subclause 14.5 of the Monash University Enterprise Agreement 1995 shall not apply.
5. Long service leave
Leave shall be in accordance with the provisions of the University’s long service leave regulations, provided that a staff member may take long service leave in blocks of a minimum of two weeks. Payment shall be at the staff member’s base rate, excluding any loadings.
6. Leave Reserved
1. Application
The terms of this Appendix shall apply to trades and services general staff employed on any campus within the University’s Facilities and Services Division whose classifications or occupations are covered by the scope or jurisdiction of the following former state awards (as preserved pursuant to the Higher Education Workers Victoria (Interim) Award 1993) and who are eligible for membership of at least one of the unions signatory to this Agreement, whether they are union members or not:
It is a principle of this Agreement that there is a commitment to employment security.
The parties agree that there would be a minimum core level of trades staff at each of the campuses as set out in Table 1 of this Appendix, and that there shall be no reduction in staffing levels as a result of changes implemented during the nominal period of operation of this Agreement.
3. Hours of work and Tea Break Arrangement
This clause replaces the provisions of clause 18 of the Monash University Enterprise Agreement 1995 in their entirety.
3.1 Hours of work per week
The parties agree that trades and services general staff will work an average 38 hour week over a nine day fortnight, Monday to Friday, within the span of hours.
3.2 Starting time
There will be standard start and finish times at each campus agreed between the parties.
3.3 Morning and Afternoon tea break and lunch
Morning tea break:
Staff will continue to take a paid 10 minute morning tea break to commence at 10.00 am where practicable.
It is agreed that the morning tea break by trades and services general staff could be taken at the location of their current job provided that:
Staff will continue to take a paid ten minute afternoon tea break which will be scheduled to commence at ten minutes prior to normal finishing time.
Staff may elect to leave the University prior to normal finishing time either at the commencement of, or during the afternoon tea break.
Lunch
Staff will take an unpaid thirty minute lunch break, normally commencing at 12.30 pm.
4. Swipe Card and Rostered Day Off
The provisions of clause 3 above, are however subject to the following conditions:-
5.1 The parties agree that training programmes will be provided particularly with the introduction of new technology.
5.2 Computer training will be provided for all trades and services general staff for the successful implementation of the Building and Engineering Information Management System (BEIMS) for Monash maintenance, minor works and asset management.
5.3 The specific objectives of BEIMS are to:
6. Consultation about change
The University undertakes to consult with union(s) and staff where a proposed significant or substantial change will affect staff.
If a decision to proceed is made by the University, then management will consult or negotiate as appropriate with union(s) 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.
For the purpose of this Appendix, "negotiation" shall be defined as "discussion between the parties to this Agreement with the intent of reaching agreement".
7. Work at campuses other than the staff member’s usual campus
Should a staff member be required to work at another campus other than the staff member’s usual campus, it is expected that the staff member would start and finish at his/her usual place of employment except in circumstances where it suited the staff member to start or finish at the other campus.
8. Identification
The parties agree that identification of trades and services general staff on overalls and work shirts is an important security arrangement when working in other departments/faculties across the campuses and will be provided by the university, including the sewing of identification on clothing.
It is also agreed that contractors working at various campuses should have identification and a Monash security card indicating their authorisation to be working at the University.
9. Management of Leave
9.1 Minimum periods of annual leave
Periods of annual leave will be for periods of no less than 5 working days except where annual leave is taken in accordance with and pursuant to Clause 9 of the Monash University Enterprise Agreement 1995.
9.2 Sick leave
Subject to any superior award entitlement, staff members are entitled to 12 working days sick leave in the first year of service with the University and 15 working days sick leave in the second and each subsequent year of service. It is also agreed that up to 3 days sick leave per annum could be taken without providing proof of illness.
10. Non-Continuing Employment Review Process
10.1 The University notes the Higher Education (Non-continuing Contract Employment) Interim Award 1996. The parties note their concerns with the practice of employing staff either:
10.5 Provided that the following staff shall be excluded from the operation of this provision: