Enterprise Bargaining Agreement
(Trades & Services Staff - Catering & Retail, Cleaning & Caretaking, & Miscellaneous Services Staff) 2000

Part 2 - Conditions applying in common to all trades and services staff

Section 1 - Communication, Consultation and Dispute Resolution

9. Introduction of Major Change in the Workplace
10. Joint Consultative Committee
11. Dispute Settling Procedures

This Part shall apply in common to all trades and services staff except where otherwise expressly provided.

9. INTRODUCTION OF MAJOR CHANGE IN THE WORKPLACE

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 framework 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".

10. JOINT CONSULTATIVE COMMITTEE

10.1 A Joint Consultative Committee (JCC) shall be established comprising a maximum of two local representatives from the staff covered by each of Parts 3, 4, and 5 of this Agreement and no more than an equal number of nominees of the University. The purpose of the Committee is to establish consultative arrangements in a structured forum, examining issues covered in this clause. The Committee will be responsible for determining its own meeting times but shall meet no more frequently than two-monthly (except where otherwise required on an ad hoc basis).

The Committee will:

• ensure the smooth implementation of the matters covered by this Agreement;
• develop and recommend principles relating to flexible work arrangements to enable the introduction of such arrangements during the life of this Agreement; and
• develop a trades and services staff training programme and facilitate the implementation of that programme for the particular staff covered.

In addition, the Committee will monitor the distribution of position descriptions to trades and services staff (as defined).

10.2 The training programme developed by the Committee shall be consistent with:

• the current and future skill needs of the University;
• the size, structure and nature of the operations of the University; and
• the need to develop vocational skills relevant to the University through courses conducted by accredited educational institutions and providers.

In facilitating the implementation of that programme, the Committee shall be responsible for:

• dissemination of information on the training programme and availability of training courses and career opportunities to staff members
• the recommendation of individual staff members for training; and
• monitoring and advising management and staff on the on-going effectiveness of the training programme.

10.3 Within a period of six months from the date of certification of this Agreement, either of the parties signatory to this Agreement shall be entitled to refer any existing local custom and practice arrangements to the Committee. Any existing local custom and practice arrangement so referred shall be documented and shall apply as University policy where the members of the Committee are agreed.

11. DISPUTE SETTLING PROCEDURES

11.1 Where any dispute arises as to the application of this Agreement:

11.1.1 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 within 2 weeks of the dispute first being raised.

11.1.2 Where a dispute is not resolved under clause 11.1.1 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.

11.1.3 The Committee shall convene within one week of the matter being referred to it and 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.

11.2 Industrial action

Until the procedures described in clause 11.1 above have been exhausted:

1. work shall continue in the normal manner;
2. no industrial action shall be taken by management or the union(s);
3. 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
4. the subject matter of the dispute shall not be taken to the Australian Industrial Relations Commission by the union(s) or management.

11.3 Should the dispute not be resolved by the processes referred to in clause 11.1 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.

11.4 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.