Trades & Services Staff - Catering & Retail, Cleaning & Caretaking, & Miscellaneous Services Staff) 2000

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Monash University > Enterprise Bargaining > Trades & Services (Catering & Retail, Cleaning & Caretaking & Miscellaneous Services) 2000

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 3 - Salaries and Related Matters

23. CLASSIFICATIONS AND SALARY RATES

23.1 All positions will be classified in accordance with the criteria contained in the Position Classification Standards at Schedule 2 of this Agreement.

23.2 All staff covered by this Agreement will receive salary increases payable as follows:

Stage 1 - translation to the relevant HEW level salary rates applicable to general staff of the University immediately prior to 1 March 2000 (as set out in Column 4 of Schedule 2 of the Monash University Enterprise Agreement (Academic and General Staff) 1998) plus a 2% salary increase all payable as from the commencement of the first full pay period on or after 1 March 2000;
Stage 2 - a 3% salary increase payable as from the commencement of the first full pay period on or after 1 January 2001;
Stage 3 - a 4% salary increase payable as from the commencement of the first full pay period on or after 1 January 2002; and
Stage 4 - a 3.75% salary increase payable as from the commencement of the first full pay period on or after 1 March 2003.

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

24. APPRENTICE RATES

The base rates of pay for apprentices employed by the University will be determined as a percentage of the salary paid by the University to HEW level 3 staff at incremental step 1. The percentages to be applied for the determination of those rates of pay will be as follows:

1st year of apprenticeship - 50.0%
2nd year of apprenticeship - 60.0%
3rd year of apprenticeship - 75.0%
4th year of apprenticeship - 95.0%

The calculation of each of the above percentages will be made to the nearest five cents, any broken part of five cents in the result not exceeding two cents to be disregarded.

25. INCREMENTAL ADVANCEMENT - HEW LEVELS 1-4

25.1 Incremental advancement for staff who receive a salary prescribed for HEW Level 1-4 as provided by Schedule 3 of this Agreement, shall be automatic, provided performance is not unsatisfactory. An increment shall only be withheld in circumstances where the staff member is subject to the disciplinary provisions of this Agreement under clause 22.

Provided that this clause shall have no application to apprentices employed by the University.

25.2 For the purposes of this clause, a staff member shall be considered subject to the disciplinary provisions of this Agreement under clause 22 where:

proceedings have been commenced that may or may not result in the staff member being issued with a verbal or written warning;
the staff member has received a verbal or written warning; or
the staff member is subject to dismissal on notice or summary dismissal.

25.3 Where proceedings have been commenced that may or may not result in a staff member being issued with a verbal or written warning and a decision is made by the University not to issue any warning, the staff member's increment may only be withheld for the period from the commencement of proceedings until the decision is made not to issue any warning and such increment shall be paid retrospectively from when it was due.

25.4 Where a staff member has received a verbal or written warning, the period for which his/her increment may be withheld shall be at the discretion of the University but no longer than a period of twelve months from the date of the staff member's last warning. The anniversary of the date on which an increment is paid following any warning shall then serve as the date for any future automatic incremental advancement.

25.5 No increment shall be paid where a staff member is subject to dismissal on notice or summary dismissal.

25.6 If a staff member wishes to seek a review of a decision to withhold an increment, the staff member may make written application to his/her relevant Divisional Director or Dean and a nominee of the relevant union who shall consider the merits of the case.

26. INCREMENTAL ADVANCEMENT AND PERFORMANCE ENHANCEMENT - HEW LEVELS 5 AND ABOVE

26.1 Objectives of the performance enhancement scheme are:

To provide role clarity and reach agreement on annual goals and objectives of the position;
To provide feedback to the staff member and supervisor on a regular basis throughout the annual cycle;
To highlight developmental training needs for the individual relative to the position and for career development purposes;
To formally review performance and achievement of agreed goals and objectives at the end of the cycle based on self-assessment and discussion with the supervisor and/or Head of the Administrative Unit.
To plan goals and objectives and staff development/training activities for the next annual cycle.

26.2 The process

The first incremental step shall be automatic. Incremental progression beyond the first step shall be based on an assessment of satisfactory performance in accordance with the following provisions:

The staff member and the Supervisor shall meet to agree on goals and objectives to be pursued during the forthcoming annual cycle and to familiarise them with the requirements for future incremental progression
Three months before the increment of a staff member falls due, or the anniversary of appointment in cases where the staff member has reached the top of the incremental scale for his/her classification, the Supervisor shall convene a meeting at a mutually agreeable time, to discuss the staff member's performance over the past review period and to identify factors which demonstrate the staff member's enhancement and/or acquisition of relevant skills. This meeting shall also be used to identify skills which may need to be developed or acquired over the ensuing review period.
When a Supervisor/Head of Administrative Unit is satisfied that the staff member's performance and development merits the granting of an increment for which he/she is eligible, that increment shall be paid at the appropriate due date.
An increment may be withheld if the supervisor/Head of Administrative Unit identifies factors where the staff member has not satisfactorily met the agreed goals and objective of the cycle under review. The supervisor/Head of Administrative Unit shall write a report which clearly identifies these factors and the improvement in performance and/or skills required to achieve these goals and objectives. The report shall be prepared and made available to the staff member as soon as possible after the meeting referred to in clause 26.2(b) above. A copy of the report will also be forwarded to the Head of the Administrative Unit and Divisional Director (Student and Staff Services).
One month before an increment falls due, the staff member who is in receipt of the advice pursuant to clause 26.2(d) above shall again meet with his/her supervisor/Head of Administrative Unit to discuss the issues identified. In the event that in the intervening period there has been no satisfactory progress towards the plan outlined in the report, the staff member will be advised of the reasons that an increment will be withheld, in writing.

26.3 This scheme is applicable to all staff members at HEW levels 5 and above inclusive of those at the top of their incremental scales.

26.4 Consideration will be given to granting accelerated increments within the staff member's HEW level in cases where it can clearly be demonstrated by the supervisor that the staff member has consistently exceeded the required performance level. Administrative units must have the capacity to fund such payments from within existing resources.

26.5 Review of decision to withhold an increment

If the staff member wishes to seek a review of the decision to withhold an increment, the staff member may make written application to the relevant Divisional Director or Dean and a nominee of the relevant union who shall consider the merits of the case.

An increment shall not be withheld other than by utilising these procedures. Nor shall it be withheld in circumstances where a staff member can demonstrate that he/she has been unreasonably denied staff development and/or training and such denial was directly related to the staff member failing to attain satisfactory performance in the position.

27. ABSORPTION OF LEADING HAND ALLOWANCES

27.1 A staff member who is in receipt of a leading hand allowance as at the date of certification of this Agreement will be subject to the following provisions:

Where the total of the staff member's salary rate (as specified under clause 23 of this Agreement) plus the leading hand allowance exceeds the highest incremental step of the staff member's HEW level as at the date of certification of this Agreement, the staff member will continue to be paid his/her existing leading hand allowance in addition to salary until the staff member ceases employment as a leading hand; or

Where the total of the staff member's salary (as specified under clause 23 of this Agreement) plus the leading hand allowance equates to the highest incremental step of the staff member's HEW level as at the date of certification of this Agreement, the staff member's salary will be translated to that incremental step and the leading hand allowance will be absorbed accordingly; or

Where the total of the staff member's salary (as specified under clause 23 of this Agreement) plus the leading hand allowance is less than the highest incremental step of the staff member's HEW level, the staff member's salary will be translated to the incremental step which least exceeds the total of the staff member's wage rate plus the leading hand allowance and the leading hand allowance will be absorbed accordingly.

27.2 Subject to the foregoing, all leading hand allowances will be abolished and will cease to be paid as at the date of certification of this Agreement.

28. RECLASSIFICATION OF POSITIONS

28.1 Reclassification to a higher level occurs through progressive job redesign involving a significant degree of increased responsibility or job complexity. Reclassification relates to the position requirements and not the performance of the individual.

28.2 Where the requirements of the position indicate a reclassification of the position is appropriate, a position description is prepared in the preferred university format, signed by the staff member, approved by the supervisor and head of administrative unit, and then forwarded, with a letter of request for review of the classification, to the appropriate university officer. Requests for review of classification shall be dealt with and concluded expeditiously and ordinarily within six weeks of lodgement.

28.3 Reclassification to a higher level will normally be at the minimum step of the new level.

28.4 Staff members aggrieved by a classification decision utilising the above avenues may make application to the Classification Review Committee. The position description submitted for review of the classification will be examined by the Committee which will comprise the following members trained in the use of the Position Classification Standards:

the university Deputy Vice-Chancellor and Vice-President (Resources) (or his/her nominee);
a nominee of the Dean/Divisional Director of the area in which the staff member is located; and
a nominee of the union.

The Committee will act in accordance with the following terms of reference in reviewing a classification decision:

Only written submission will be considered before commencing its review;
Further clarification or information to assist in the review process may be requested;
The incumbent or immediate supervisor(s) may be interviewed;
The workplace may be visited where appropriate;
Requests for review will be dealt with and concluded expeditiously and preferably within one month of lodgement; and
Account will be taken of relativities with other comparable positions across the university.

28.5 Provided that none of the above shall have application to apprentices where employed by the University.

29. LINKING

29.1 HEW levels 1 to 2

Staff members appointed to HEW level 1 shall have access to progression to HEW level 2 without promotion to a higher position where:

they have the skill, achieved either through training or experience, or a combination of both, to warrant such progression; and
they perform duties which require the skill levels at HEW level 2.

29.2 HEW levels 3 to 4

Staff members appointed to HEW level 3 shall have access to progression to HEW level 4 without promotion to a higher position where they can show:

a requirement to perform, or demonstration of having performed in the current position, a range of duties which require the skill levels at the higher level (eg. multi-skilling); and
attainment of the appropriate skill level, achieved through training or a combination of both, to warrant such progression; and
effective performance as per the relevant Position Classification Standard level for at least one year.

30. PAYMENT OF SALARIES AND DEDUCTIONS

30.1 Fortnightly Pay

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

30.2 Method of Payment

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

30.3 Payment to Third Parties

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

30.4 Statement of Salary Details

All salary payments shall be accompanied by a statement setting out the relevant details on which the payment is based. This statement shall include gross salary, tax payable, higher duties allowance if applicable, arrears and a full list of deductions authorised by the staff member specifying the amount of each deduction, as well as current annual leave and long service leave accruals but not the staff member's bank account details.

30.5 Pay-Day On A Public Holiday

Where a pay-day falls on a public holiday observed by the university salaries shall be paid on the preceding day on which the university is open for business.

30.6 Deductions from Salary

The university shall make deductions from a staff member's salary for superannuation contributions on the written authority of the staff member. Such other deductions requested by the staff member and agreed to by the university shall also require the written authority of the staff member. Provided that a staff member not attending for duty on other than authorised paid leave shall lose his/her pay for the time of such non-attendance rounded up where necessary to the nearest quarter of an hour.

30.7 Advance Payment of Salaries

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

30.8 Adjustments to Salaries for Incremental Increases

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

30.9 Adjustments to Salaries Due to Promotion, Reclassification or Higher Duties Appointment

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

30.10 Underpayment of Salary

An underpayment to a staff member shall be corrected and full payment made to the staff member in the next pay period following notification by the staff member to the University of the underpayment except that by mutual agreement between the staff member and the University such payment may be within 2 days of such notification on the grounds of special circumstances or hardship. The University may issue an off-line cheque in discharge of any underpayment provided that no staff member may be charged for any off-line cheque issued.

30.11 Lost or Damaged Cheques

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

31. REMUNERATION PACKAGING

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

31.2 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:

payment of University car parking fees;
payment of fees for University-provided childcare;
the staff member's contribution to the Superannuation Scheme for Australian Universities; and
payment of Monash Sport fitness gym membership fees.

31.3 The parties agree that if legislation or other changes result in increased cost of salary packaging to the University, the University may elect to discontinue salary packaging, unless the staff member pays the additional cost, in which case the University is obliged to continue the salary packaging option.

31.4 Notwithstanding anything contained within this clause, the staff member's salary rate as specified in Schedule 3 of this Agreement will be used as the figure in relation to which the following entitlements are calculated:

termination payments, including superannuation, annual leave and long service leave entitlements;
calculation of redundancy benefits;
calculation of early retirement benefits;
calculation of annual leave loading;
overtime and shift payments.

31.5 Each staff member who enters into an agreement in accordance with the provisions of clause 31.1 above shall be entitled to withdraw from, or renegotiate, any salary and benefits package arising from such an agreement on the occurrence of any of the following events:

where any change to laws affecting all or some of the elements of the salary and benefits package involves a financial disadvantage to the staff member if he/she continued the salary and benefits package;
the staff member's divorce or separation;
where the staff member is unfit for duty due to illness or injury and has exhausted his/her entitlement to paid leave at full rates of pay;
where the staff member takes extended leave including parental leave and has exhausted his or her entitlement to paid leave at full rates of pay;
any other events or circumstances approved by the University.

31.6 Any withdrawal from any agreement by the staff member in accordance with clause 31.5 shall be notified in writing to the University and shall be effective immediately upon receipt of such written notification by the University.

31.7 In the event of a staff member withdrawing from the salary package arrangements in accordance with clause 31.5 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.

32. COMPENSATION FOR CLOTHES AND INCIDENTALS

32.1 A staff member whose clothes, spectacles, or hearing aid(s) have been accidentally spoilt by acid, sulphur or other deleterious substances, shall be paid such amount to cover the loss thereby suffered by him/her as may be agreed upon between the staff member and the University.

32.2 A staff member shall be reimbursed by the University to a maximum of $1,093.00 for loss of clothes by fire or breaking and entering whilst securely stored at the University's direction in a room or building on the University's premises, job or workshop or in a lock-up

33. FIRST AID ALLOWANCE

33.1 A staff member who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body shall be paid a weekly allowance of $9.80 if he/she is appointed by the University to perform first aid duty.

33.2 It is the responsibility of the University as monitored by the appropriate Zone Occupational Health and Safety Committees and First-Aid Co-ordinators to ensure that adequate numbers of staff are appointed to perform first-aid duties. The minimum numbers required at each level of first-aid competency are to be determined by consideration of the number of people, buildings and floors in an area, the nature of the work being performed, and the hours of work (including work outside ordinary hours) and occupancy. Allowance is also to be made for absences due to leave or other reasons and unavailability due to other commitments.

34. SUPERANNUATION

34.1 The University will maintain for existing staff, the current employer contributions and arrangements for superannuation that are in effect as of the date of certification of this Agreement.

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

34.3 Clause 34.2 above will cease operation as a term of this Agreement on the nominal expiry date of this Agreement.

35. TERTIARY EDUCATION SUPERANNUATION SCHEME (TESS)

The following provisions of this clause relate only to that component of the University's contributions to superannuation funds in respect of a staff member that would otherwise be payable under the Tertiary Education Superannuation Scheme - Superannuation Award 1988 were it not for this Agreement.

35.1 Definitions

For the purposes of this clause:

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

"Ordinary time earnings" means:

the rate of salary prescribed in this Agreement for the staff member's classification; and
any other payment that is superannuable at the date of commencement of this Agreement or which subsequently becomes superannuable whether by agreement or by arbitration.

"Casual staff member" means a staff member who is employed for less than 100 hours by the University between 1 January and 30 June or 1 July and 31 December in any one year.

35.2 Contributions to the Fund

35.2.1 The University shall contribute to the fund in respect of each staff member subject to this Agreement a payment of 3 per cent of ordinary time earnings. Provided that where the contract of a staff member is such that the staff member will not necessarily be employed by the University for 100 hours or more between 1 January and 30 June or 1 July and 31 December in any one year, the University shall not be liable to make regular deductions. In such cases the University shall assess retrospectively, in January or July as the case may be, whether the staff member is or is not a casual staff member for the purposes of this clause. If the staff member is not excluded by reason of being a casual staff member, then the University shall forward 3 per cent of the ordinary time earnings of the staff member during the relevant period to the Fund not later than two months after the end of the relevant qualifying period.

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

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

35.2.3 If the staff member's salary whilst on paid leave is less than 100 per cent of ordinary time earnings, the University's contributions during that period shall be 3 per cent of that salary.

35.3 Cessation of Contributions

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

35.4 Staff Member Contributions

Staff members subject to this Agreement who are admitted to membership of the Scheme who wish to make contributions to the Fund additional to those being paid by the University pursuant to clause 35.2 above shall be entitled to authorise the University to deduct from the staff member's wages or salary amounts specified by the staff member in accordance with the terms of the Trust Deed governing the Fund and any regulations made thereunder.

35.5 Exemptions

The terms of this clause shall not apply to:

casual staff members as defined in this clause; and
staff members in respect of whom the University contributes or is required to contribute a superannuation payment to a State or Commonwealth or Territory Government Superannuation Scheme, provided that staff members in respect of whom the University, by virtue of its adherence to the Trust Deed of the Fund, is required to contribute to Division A, B or C of the Fund shall not be exempt.

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