(Academic and General Staff) 2000

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Enterprise Bargaining Agreement (Academic and General Staff) 2000

Part B - Employment Regulations

12. Operation of Awards and Agreement

12.1 Closed and comprehensive Agreement

12.1.1 This Agreement encompasses and deals with all matters provided for herein during its operation. The parties to this Agreement agree that there will be no further claims during the nominal life of this Agreement except where permitted by this Agreement.

12.1.2 This Agreement supersedes and replaces in its entirety any previous certified agreement covering employment with the University.

12.1.3 This Agreement operates to the exclusion of and wholly replaces any award (existing or future) of the Australian Industrial Relations Commission and any industrial agreement which may otherwise, but for this clause, apply to those staff whose employment falls within the scope of this Agreement. In particular, this Agreement displaces the following awards and Agreements, as varied from time to time:

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;
Universities and Affiliated Institutions Academic Research Salaries (Victoria and Western Australia) Award 1989;
Australian Universities Academic Staff (Contract of Employment and Other Matters) Interim Award 1988;
National Training Wage Interim Award 1994;
Academic Award Restructuring Agreement 1991;
Tertiary Education Superannuation Scheme - Superannuation Award 1988;
Higher Education Contract of Employment Award 1998;
Job Skills Trainee (Higher Education General Staff) Award 1992.

13. Performance-Based Contracts

13.1 The University may, in accordance with this clause, enter into performance-based contracts with members of staff employed in the manner described in sub-clauses 13.1.1 and 13.1.3. Such performance-based contracts shall set out key performance criteria or targets which must be met within defined time frames or under defined circumstances.

13.1.1 Contracts entered into pursuant to this clause may be offered if the contract involves an offer of employment to:

academic staff employed at or above Level E and who receive salary and cash equivalent loadings of $110,000 or more per annum; or
general staff employed at or above HEW Level 10 and who receive salary and cash equivalent loadings of $90,000 or more per annum.

13.1.2 Where the University intends to offer a person a performance-based contract in accordance with this clause it shall:

advise the person that the Union party to this Agreement is able to negotiate the terms of such a contract on his/her behalf; and
provide the person with a copy of this Agreement.

13.1.3 Where a person enters into a performance-based contract pursuant to sub-clause 13.1.1 above, the performance-based contract may contain a provision which stipulates that any or all of the following Agreement provisions relating to the subject matter(s) listed below shall not apply to the employment covered by the contract:
a) Redeployment, redundancy, consultation about change, discipline, unsatisfactory performance, performance management, salary packaging, grievance, annual leave loading, salary increases, termination of employment and regulation of mode of employment.

13.2 The staff member may elect to be represented by a Union delegate or another representative of their choice in any discussions regarding the contract of employment entered into pursuant to sub-clause 13.1.1 above.

13.3 In circumstances where a performance-based contract stipulates that any of the Agreement provisions relating to the subject matter listed in sub-clause 13.1.3 (a) above shall not apply, then it is a term of this Agreement that the provisions dealing with that or those subject matters shall not apply to the employment of the staff member. In such circumstances, the termination of the staff member will be in accordance with Division 3 of Part VIA of the Workplace Relations Act 1996, except that the required period of notice referred to in Section 170CM shall be stated in the contract.

13.4 For the purposes of the threshold salary levels provided in sub-clause 13.1.1 above, a motor vehicle provided to an existing staff member pursuant to the staff members contract of employment, shall be given a cash equivalent value and be included in the calculation of cash equivalent loadings.

13.5 For the avoidance of doubt, a performance-based contract offered to a staff member pursuant to this clause must:

13.5.1 in the case of an academic staff member, provide that the staff member's salary and cash equivalent loadings, during the continuance of the contract, entitle the staff member to salary and cash equivalent loadings of $110,000 or more per annum;

13.5.2 in the case of a general staff member, provide that the staff member's salary and cash equivalent loadings, during the continuance of the contract, entitle the staff member to salary and cash equivalent loadings of $90,000 or more per annum.

13.6 All applicable Award and Certified Agreement provisions which are not excluded pursuant to a contract, this clause or any exclusion appearing elsewhere in this Agreement shall continue to apply to the staff member's employment.

14. Mode of Employment

14.1 Application

14.1.1 This clause replaces the Higher Education Contract of Employment Award 1998 and the former Higher Education (Non-continuing Contract of Employment) Interim Award 1996, in their entirety.

14.1.2 A staff member shall be engaged on terms that correspond with one or other of the types of employment prescribed in this clause and in accordance with this Agreement. Nothing in this Agreement covering employees to which this Agreement applies, shall limit the number or proportion of employees that the University may employ in a particular type of employment.

14.2 Continuing Contract of Employment

14.2.1 'Continuing employment' means that the letter of offer (contract of employment) contains a commencing date and no end date.

14.2.2 A continuing contract of employment may be either full-time or fractional (part-time). In the case of a continuing fractional contract, the salaries, allowances and other entitlements under this Agreement applicable to an equivalent full-time staff member apply to the fractional staff member on a proportionate basis according to the fraction of time worked.

14.3 Fixed-Term Contracts

14.3.1 'Fixed-term employment' means employment for a specified term or ascertainable period, for which the instrument of engagement will specify the starting and finishing dates of that employment, (or in lieu of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon the occurrence of which the term of employment shall expire), and for which, during the term of employment, the contract is not terminable by the University, other than during or at the completion of a probationary period, or for cause based upon serious or wilful misconduct.

14.3.2 A fixed-term contract of employment may be either full-time or fractional (part-time). In the case of a fixed-term fractional contract, the salaries, allowances and other entitlements under this Agreement applicable to an equivalent full-time staff member apply to the fractional staff member on a proportionate basis according to the fraction of time worked.

14.4 Use of Fixed-term Employment
The use of fixed-term employment shall be limited to the employment of a staff member engaged on work activity that comes within the description of one or more of the following circumstances as specified in sub-clauses 14.5-14.13.

14.5 Specific Task or Project
"Specific task or project" shall mean a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it shall also include a period of employment provided for from identifiable funding external to the University, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.

14.6 Research
"Research" means work activity by a person engaged on research only functions for a contract period not exceeding five years.

14.7 Replacement Employee

14.7.1 "Replacement Employee" means a staff member:

undertaking work activity replacing a full-time or part-time staff member for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded or transferred within or outside the University; or
performing the duties of:
1. a vacant position for which the University has made a definite decision to fill and has commenced recruitment action, until a full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable; or
2. a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the University and in progress for that vacant higher duties position until a full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable; or
3. a staff member who has returned from a period of parental leave or other authorised leave and who wishes to be employed on a fractional basis for a defined period. The replacement fixed term staff member may be employed to cover the difference in hours arising from such an arrangement.

14.8 Recent Professional Practice Required
Where a curriculum in professional or vocational education requires that work be undertaken by a person to be engaged who has recent practical or commercial experience, such a person may be engaged for a fixed period not exceeding two years.

14.9 Pre-Retirement Contract

14.9.1 Where a full-time or a part-time employee declares that it is his/her intention to retire, a fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of employment for a period of up to five years.

14.9.2 Fractional fixed-term contracts may be offered as provided by clause 35 of this Agreement.

14.10 Student Employment

14.10.1 Where a person is enrolled as a student, employment under a fixed-term contract may be adopted as the appropriate type of employment for work activity, not within the description of another circumstance in the preceding sub-clauses, subject to:

the work being within the student's academic unit or an associated research unit of that academic unit and is work generally related to a degree course that the student is undertaking within the academic unit; and
such fixed-term contract employment shall be for a period that does not extend beyond, or that expires at the end of, the academic year in which the person ceases to be a student, including any period that the person is not enrolled as a student but is still completing postgraduate work or is awaiting results; and
that an offer of fixed-term employment under this paragraph shall not be made on the condition that the person offered the employment undertake the studentship.

14.11 New Organisational Area

14.11.1 A fixed-term contract may be offered in the case of employment in a new organisational area, for up to two years prior to or from the establishment of any such area. A further fixed-term contract of a maximum of 12 months may be offered subsequent to the initial contract.

14.11.2 For the purpose of this sub-clause a new organisational area shall mean:

a group of three or more positions established in relation to a new area of academic work; or
a new staff member position organised in a new geographical location outside existing campuses; or
a new staff position organised distinctly from existing schools or centres and not created from the merger or division of or movement of work from an existing unit(s).

14.11.3 A fixed-term contract offered in the circumstances described in sub-clause 14.11.1 above will be subject to the following conditions:

the letter of offer of employment includes an understanding that should the position or substantially the same position occupied by the staff member continue beyond the maximum contract period (three years) the staff member shall, subject only to satisfactory performance, be offered continuing employment in that position (or in another agreed position) at the conclusion of the contract period;
where a fixed-term staff member employed in this circumstance is not offered further employment, he/she will receive on cessation of employment five weeks severance pay for employment up to two years, and seven weeks severance pay for employment between two and three years. This sub-clause will replace any entitlement to severance pay elsewhere in this Agreement.

14.12 Disestablished Organisational Area

14.12.1 Where an organisational work area or part of an organisational work area consisting of 3 or more staff members has been the subject of a decision by the University to discontinue that work within 36 months a fixed-term contract of employment may be offered to work in that area provided that:

the letter of offer of employment includes an undertaking that subject to satisfactory performance, should the decision to discontinue the work area be reversed, or should for any other reason that staff member's position or substantially the same position continue beyond a 36 month period, the staff member shall be offered that work on a continuing basis; and
should a position not be offered under sub-clause 14.12.1 (a) upon request by the staff member, the University will, for three months prior to the expiry of the contract, make reasonable attempts to identify other employment opportunities within the University.

14.13 Post graduate Fellows
Post graduate fellows may be engaged for employment at the University on terms as specified under clause 74 of this Agreement.

14.14 Casual Employment (general staff only)
"Casual employment" shall mean a person engaged by the hour. Casual staff shall be engaged in accordance with clause 87 of this Agreement.

14.15 Sessional Employment (academic staff only)
"Sessional employment" shall mean casual academic teaching staff who are appointed to undertake a single or specific number of sessions related to demonstrating, tutoring, lecturing, marking, supervision, academic research assistance, music accompanying with special educational service, undergraduate clinical nurse education or other required academic activity. Appointments may be for up to a calendar year. Minimum payment for these services is based on a sessional or hourly rate as specified in Schedule 2 of this Agreement.

14.16 Incidents of Fixed-Term Contract of Employment
Without derogating from any entitlement under the staff member's contract, a fixed-term contract staff member, other than an apprentice shall be entitled to:

14.16.1 Incremental Advancement.
A fixed-term staff member who has a period of continuous service in a classification which has an incremental structure shall be entitled to progress through that structure in the same way as a staff member engaged as a continuing staff member in the same or similar classification under this Agreement.

14.16.2 Notice of Cessation Or Renewal of Employment Upon Expiry of Contract.
The University shall provide to a fixed-term staff member, a written notice of the University's intention to renew, or not to renew, employment with the University upon the expiry of the contract. Such notice shall be the greater of:

any contractual entitlement to notice of the University's intention to renew, or not to renew, employment with the staff member upon the expiry of the contract; or
Period of Continuous Service Period of Notice
- Up to 3 years - 2 weeks
- 3 years but less than 5 years - 3 weeks
- 5 years or over - 4 weeks
In addition to the notice prescribed under sub-clause (a) or (b), a staff member over the age of 45 years at the time of the giving of notice and with not less than two years continuous service shall be entitled to an additional week's notice.

14.17 Exceptions/variations to requirement to provide notice

14.17.1 Where, because of circumstances relating to the provision of specific funding to support employment (external to the University and beyond its control), the University is not reasonably able to give the notice required by sub-clause 14.16, it shall be sufficient compliance with sub-clause 14.16 if the University:

advises those circumstances to the staff member in writing at the latest time at which the notice would otherwise be required to be given; and
gives notice to the staff member at the earliest practicable date thereafter.

14.18 Entitlement to Severance Pay

14.18.1 A fixed-term staff member who is employed in accordance with either sub-clause 14.5 (Specific Task or Project) or 14.6 (Research) whose contract of employment is not renewed in circumstances where the staff member seeks to continue the employment, shall be entitled to a severance payment as provided in sub-clause 14.19 below in the following circumstances:

a staff member who is employed on a second or subsequent fixed-term contract and the same or substantially similar duties are no longer required by the University; or
a staff member who is employed on a fixed-term contract and the duties of the kind performed continues to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties.

14.19 Severance Pay

14.19.1 Calculation of severance pay entitlements - Academic staff
Length of continuous service Severance pay

Up to the completion of 2 years - 4 weeks pay
2 years and up to the completion of 3 years - 6 weeks pay
3 years and up to the completion of 4 years - 7 weeks pay
4 years and over - 8 weeks pay

14.19.2 Calculation of severance pay entitlements - General staff
Length of continuous service Severance pay

Less than one year nil
1 year and up to the completion of 2 years - 4 weeks pay
2 years and up to the completion of 3 years - 6 weeks pay
3 years and up to the completion of 4 years - 7 weeks pay
4 years or over - 8 weeks pay

14.19.3 In addition to the relevant severance pay as provided in sub-clauses 14.19.1 or 14.19.2 above, research grant funded staff not including casual or sessional staff, will be entitled an additional 2 weeks severance pay for each year of continuous service in excess of four years.

14.19.4 For the purpose of this Agreement, breaks between fixed-term appointments of up to two times per year and of up to six weeks shall not constitute breaks in continuous service.

14.19.5 Periods of approved unpaid leave shall not count for service, but shall not constitute breaks in service for the purpose of this clause.

14.20 Offer of Further Employment

14.20.1 Where the University advises a staff member in writing that further employment may be offered within six weeks of the expiry of a fixed-term contract, the University may defer payment of severance benefits for a maximum period of four weeks from the expiry of the period of fixed-term employment.

14.20.2 The University, in a particular case, may make application to the Australian Industrial Relations Commission to have the general severance payment or retrenchment benefit payment prescription varied if the University obtains acceptable alternative employment for the staff member.

14.21 Transitional Provisions

14.21.1 Clauses 14.4-14.13 and 14.22 of this Agreement do not apply during the term of the existing contract of a fixed-term contract entered into, on or before 30 June 1998, or to a staff member whose employment is the subject of a form of fixed-term contract in force as at 30 June 1998.

14.21.2 A staff member who is employed on a second or subsequent fixed-term contract which commenced prior to 30 June 1998 and who would have been entitled to severance pay under the terms of the former Higher Education (Non-continuing Contract of Employment) Interim Award 1996, shall be entitled to severance pay in accordance with sub-clause 14.19 above if no further contract is offered.

14.22 Requirement to State Terms of Engagement

14.22.1 Upon engagement, the University will provide to the staff member an instrument of appointment which stipulates the type of employment and informs the staff member of the terms of the engagement at the time of the appointment in relation to:

for staff members other than casual staff members, the classification level and salary of the staff member on commencement of the employment, and the hours or the fraction of full-time hours to be worked;
for a fixed-term staff member, whether the term of the employment, the length and terms of any period of probation and the circumstance(s) by reference to which the use of fixed-term contract for the type of employment has been decided for that employment;
for casual staff members, the duties required, the number of hours required, the rate of pay for each class of duty required and a statement that any additional duties required during the term will be paid for;
for any staff member subject to probationary employment, the length and terms of the probation;
other main conditions of employment including the documentary, or other recorded sources from which such conditions derive, and the duties and reporting relationships to apply upon appointment can be ascertained.

14.23 Designated Campus

14.23.1 Each staff member of the University will be attached to a designated campus of the University and not be assigned unreasonable responsibilities on other campuses. However, it is recognised that there is a need for staff members to travel from time to time between campuses to meet academic and operational requirements and the following policy applies:

in the event that a regular and convenient shuttle bus service is not available, the University shall, where possible, provide vehicles for the use of staff members travelling between campuses;
should a staff member use his/her own vehicle for travel between campuses, the University shall reimburse the staff member at the rate per kilometre set by the University.

14.23.2 Staff members of the University required to travel between campuses shall be provided with reasonable and comparable amenities for the duties to be undertaken at the campuses they visit.

15. Conversion Process

15.1 Fixed term contract staff shall be converted to continuing status, subject to the following criteria being met:

15.1.1 The incumbent was appointed to the relevant position through a competitive and open selection process;

15.1.2 The incumbent has served more than four years in substantially the same position and has received a contract renewal during this period (except in the case of a single contractual period of four or more years duration in which case a contract renewal is not required). Where a staff member has successfully gained promotion or their position has been reclassified, the period following such promotion or reclassification shall be included in determining the qualifying period;

15.1.3 The position to be converted to continuing must be substantially the same as that which the incumbent has performed in sub-clause 15.1.2 above in terms of level, duties and salary. For the purposes of this sub-clause, the reclassified or promoted position shall be regarded as being substantially the same position; and

15.1.4 There must be a record of satisfactory performance in the position as defined by the applicable performance management process.

15.2 This conversion process shall not apply to:

15.2.1 Research/grant funded staff;

15.2.2 Staff on performance-based contracts in accordance with clause 13 of this Agreement;

15.2.3 Professorial appointments as listed below:

Professors appointed for a fixed-term, Professorial Fellows, Adjunct Professors, Research Professors, Professors appointed conjointly, Deans or above;

15.2.4 General staff who receive salary in excess of that prescribed for Level 10, as provided in Schedule 2 of this Agreement;

15.2.5 Staff with contracts in accordance with sub-clause 14.11 of this Agreement (i.e. establishment of new organisational area.); and

15.2.6 Staff who are subject to disciplinary action under the relevant provision of this Agreement.

16. Internal Transfers

16.1 Where there are genuine reasons, as an adjunct to normal employment procedures and without limiting the application of the redeployment/redundancy provisions or the job redesign principles of this Agreement, a staff member may as determined by the University, after consultation with the staff member, be transferred or seconded to a suitable position within the University.

16.2 A suitable position will be determined by the University and will be a position that is:

16.2.1 at the same classification level of the staff member; and

16.2.2 which requires the skills and experience consistent with the skills and experience of the staff member being transferred or seconded, or where the University decides that the staff member will acquire the necessary skills within a three month period with adequate training, such training to be provided by the University; and

16.2.3 which is to be filled at the same time fraction of the staff member's existing time fraction unless the staff member agrees to a varied time fraction.

16.3 Entitlement to payment of allowances shall be determined as appropriate to the transferred position.

16.4 On transfer and/or secondment, the staff member will retain current employment status, conditions and salary range for the classification.

16.5 In all discussions relating to an internal transfer, a staff member has the right to be accompanied by his/her Union representative or a colleague of his/her choice.

16.6 Removal of Household Goods
Where a staff member is required by the University to perform all or the major part of the duties of the staff member at a campus or component of the University other than at the staff member's previous place of work with the University and the staff member elects to relocate to a residence closer to, or where the staff member commutes by public transport and the staff member elects to relocate to a residence more convenient for travelling to such a new place of work than the previous residence of the staff member, the staff member shall be entitled to leave on full pay for up to two working days for the purpose of removal of household goods.

17. Consultation About Change

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

17.2 The University undertakes to consult with the Union and staff where a proposed significant or substantial change will affect staff.

17.3 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.

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

18. Implementation and Monitoring Committee

18.1 An Implementation and Monitoring Committee will be formed to:

18.1.1 facilitate the implementation of the provisions of this Agreement; and

18.1.2 monitor the implementation of this Agreement; and

18.1.3 review the implementation of this Agreement; and

18.1.4 where the parties to this Agreement agree, resolve disputes arising from this Agreement; and

18.1.5 monitor the change management processes of this Agreement; and

18.1.6 where the parties to this Agreement agree, be the forum for consultation/negotiation between the parties to this Agreement in accordance with sub-clause 17.2 and 17.3.

18.2 The Implementation and Monitoring Committee will comprise three representatives from each party to this Agreement. Each party is entitled, should they wish, to be accompanied by an industrial officer.

18.3 The Implementation and Monitoring Committee will meet at least once in every quarter unless the members of the Committee decide otherwise. A special meeting of the Committee shall be convened at the request of one of the parties.

18.4 Where the University proposes to amend existing University policies or establish new policies which directly relate to staff conditions, the University will comply with its obligations to consult and provide information under clause 17 of this Agreement in a timely manner.

18.5 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.

18.6 Where appropriate, members of the Committee may be briefed on:

18.6.1 the University's strategic planning; and

18.6.2 relevant decisions of the University Council and Academic Board; and

18.6.3 University budget planning considerations and processes.

18.7 Issues to be addressed during the life of this Agreement by the Implementation and Monitoring Committee are:

18.7.1 grievance procedures;

18.7.2 multi-campus issues in relation to travel time and related conditions;

18.7.3 resources provided to sessional staff by the University;

18.7.4 salary packaging options;

18.7.5 employment practices for sessional staff;

18.7.6 probationary employment principles: academic staff; and

18.7.7 review of travelling allowance and related expenditure, meal and vehicle allowance rates.

18.7.8 The above provisions of this clause will cease to have effect from the nominal expiry date of this Agreement.

18.8 The University will not employ sessional staff to teach 60 per cent or more of a full time teaching load, except for a duration of less than one semester. This provision is subject to the review of employment practices for sessional staff referred to in sub-clause 18.7 above. It is acknowledged by the parties that the review outcome may provide for the deletion, amendment or retention of this provision. The parties commit to completing the review within a year of the certification of this Agreement.

19. Job Security

19.1 The University is committed to maintaining the overall size of the workforce during the life of this Agreement.

19.2 Reductions in funding to higher education by the Federal Government have placed and will continue to place significant pressures on the efforts of staff to maintain and extend the highest quality research and teaching.

19.3 The impact of this reduced funding and structural change already undertaken has resulted in significant job losses. It is acknowledged that further significant job losses may seriously damage the capacity of the University to maintain the quality of its research, teaching and community service. The enhancement of job security will contribute positively to staff commitment and productivity. Maintenance or improvement of staffing levels where required for the quality of the teaching and research programs continues to be a key concern for University budget managers.

19.4 Wherever possible widespread redundancies are to be avoided and compulsory retrenchments are a last resort which should be avoided if at all possible. The University does, however, reserve the right to use targeted redundancies, albeit as a last resort, as reductions in staff become necessary in some areas where restructuring occurs.

19.5 This clause shall cease to have effect twelve months after the nominal expiry date of this Agreement.

20. Termination of Employment and Disciplinary Action- Academic Staff

20.1 All decisions to discipline or terminate the employment of a staff member must be in accordance with this clause.

20.2 Except as specifically provided herein to the contrary, the terms of this Agreement shall cover exhaustively the subject matter concerned, and are to the exclusion of:

20.2.1 State and Territory law (including any written or unwritten law pursuant to which the Visitor to the University may exercise any jurisdiction or power) in respect of any matter subject to this clause; and

20.2.2 any law of the Commonwealth or an internal Territory of the Commonwealth, in respect of which the Australian Industrial Relations Commission has power to make an award which is not consistent with that law by reason of section 121 of the Act (including any written or unwritten law pursuant to which the Visitor to the University may exercise any jurisdiction or power) in respect of any matter subject to this Agreement to the extent that this Agreement is not consistent with that law.

20.3 Provided that the provisions in this Agreement shall be subject to and shall not affect the operation of:

20.3.1 any law empowering a State or Commonwealth industrial tribunal to order re-instatement of or compensation to a staff member or to otherwise deal with the dismissal of that staff member;

20.3.2 any other law empowering any court or tribunal external to the University (other than a Visitor to the University) which has jurisdiction to deal with any causes of action or claims arising from actions taken by the University pursuant to this Agreement.

20.4 Any procedural requirements imposed by laws referred to in sub-clause 20.2 are entirely displaced and extinguished by force of this Agreement.

20.5 The University must not terminate the employment of a staff member unless the staff member has been given notice and/or compensation as required by section 170CM of the Act, provided that:

20.5.1 The University may terminate without notice the employment of a staff member found to have engaged in conduct of a kind envisaged in section 170CM (1) (c) of the Act such that it would be unreasonable to require the University to continue employment during a period of notice;

20.5.2 Greater notice and/or compensation specified in the staff member's contract of employment or in this Agreement shall prevail over the terms of section 170CM of the Act.

20.6 This Agreement is to be read in conjunction with Division 3 of Part VIA of the Act provided that a staff member shall be entitled to the benefit of:

20.6.1 any clause in this Agreement which is more favourable to the staff member than any corresponding provision in the Act;

20.6.2 any procedural step required by this Agreement in addition to the required procedural steps of the Act.

20.7 Disciplinary action should be used as a last resort. A supervisor must make every effort to resolve instances of possible misconduct or unsatisfactory performance through guidance, counselling and appropriate staff development, or appropriate work allocation before a possible report to the Vice-Chancellor, or Dean as in sub-clause 66.2. At the request of the staff member, a supervisor must consult with colleagues in the Department before making a formal report to the Vice-Chancellor under sub-clause 66.1.2.

20.8 Disciplinary action may only be taken by the Vice-Chancellor, or Dean as in sub-clause 66.2, and only in accordance with this Agreement.

20.9 In cases involving misconduct, disciplinary action shall be limited to the scope of sub-clauses 3.6.1- 3.6.4.