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Definitions

Definitions

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In this Agreement:

Agreement means the University of Sydney Enterprise Agreement 2009-2012.

Academic staff member means a person who has been employed as a member of the University’s Academic staff.

CET means the University of Sydney Centre for English Teaching.

Consultation means a process by which the parties exchange information about a matter or issue, hold discussions to explain points of view, and take into account the views of the other party/parties. Consultation does not necessarily mean that agreement can be reached.

Continuous Service means a period of employment with the University under an unbroken contract of employment or an unbroken series of contiguous contracts, including periods of approved paid and unpaid leave. Except as otherwise specified in this Agreement, periods of unpaid leave and periods of casual service do not count as service for any purpose.

Contract Research Position means an Academic or General staff position that is Externally Funded, where the funding has been provided for the purposes of undertaking research.

Contract Research Staff are staff appointed to Contract Research Positions. General Staff who are not research staff, may be Contract Research Staff provided that their position is Externally Funded.

Delegate means:

  1. the holder of an office to which authority has been delegated by the University Senate in relation to the management of matters pertaining to staff employment, performance and/or conduct; or
  2. the holder of an office to which authority has been delegated under a relevant University policy or Code of Conduct, including the University’s Policy on Reporting Corruption, Maladministration or Serious and Substantial waste of Money and the Code of Conduct for Responsible Research Practice.

Delegated Officer (Staffing) means the Director Human Resources and such other person or persons appointed by the Vice-Chancellor to exercise the functions of Delegated Officer (Staffing) under this Agreement from time to time.

Designated Staff Representative means the staff member appointed by and from the Union-nominated members of the Management & Staff Consultative Committee under clause 313(b).

Disciplinary Action means any one or more of the following:

  1. counselling;
  2. a direction to participate in mediation or an alternative form of dispute resolution;
  3. a written warning (including, where appropriate, a final warning);
  4. withholding of a salary increment or reduction of salary within the applicable salary range; or
  5. termination of employment.

English Language Teaching staff means qualified language teachers employed to work within the CET in the classifications of Language Teacher, CET Education Manager or CET Deputy Director or qualified language teachers employed to perform the substantial duties of those classifications.

External Funding means funding from identifiable sources external to the University, excluding funding from a government operating grant or student fees (other than Continuing Education student fees), but including:

  1. short-term and non-discretionary bequests; and
  2. income received by the Centre for Continuing Education, Health Science Clinics, Veterinary Clinics and such other units as may be determined by the University from time to time in consultation with the Management & Staff Consultative Committee.

For the purposes of this Agreement, a position is “Externally Funded” if more than 50% of the costs (including on costs) of the position are provided from an identifiable source of external funding.

Full-time staff member means a staff member (other than a casual staff member) whose ordinary hours of work are 35, 37.5 or 38 hours per week as set out in clause 113.

Funding Contingent Continuing Employment means full-time or part-time employment under a contract that is ongoing, subject to the continuing need and sufficient funding (in the case of Academic or General staff) or student fee funding (in the case of English Language Teaching staff) for the staff member’s position.

General Staff member means a person who has been employed by the University in one of the classifications described in Schedule 2 and who is not a member of the University’s Academic or English language teaching staff.

HEO means Higher Education Officer and HEO Level means a General staff classification level set out in Schedule 2 to this Agreement.

Immediate Family means a Partner or former Partner of the staff member, a child, step-child, grandchild, step-grandchild, parent, step-parent, grandparent, step-grandparent, brother (including half-brother), sister (including half-sister), step-brother or step-sister of the staff member or their Partner or former Partner.

Investigator means a person (who may, but need not be, a University staff member) appointed by the University to conduct investigations in relation to matters pertaining to staff performance or conduct, applications for review of actions or decisions or disputes.

Misconduct means conduct or behaviour of a kind which is unsatisfactory. Examples of conduct or behaviour which may constitute Misconduct include:

  • a breach of the University’s Code of Conduct or the University’s Code of Conduct for Responsible Research Practice; or
  • a refusal or failure to carry out a lawful and reasonable instruction.

Ordinary Rate of Pay means the hourly rate of payment that the staff member receives on the basis of their classification, plus, in the case of General staff, any higher duties allowance payable at the relevant time.

Parties means the University, National Tertiary Education Industry Union and the Community and Public Sector Union.

Partner means the spouse or de facto partner of a staff member, and includes a partner of the same sex.

Part-time staff member means a staff member (other than a casual staff member) whose ordinary working hours are fewer than those applicable to an equivalent full-time staff member.

Representative means a friend, colleague or Union official (but not a practising barrister or solicitor in private practice) chosen by a staff member to represent them.

Review Committee means a committee convened in accordance with clauses 326 to 329 for the purposes of clauses 250, 253 and 283.

Reviewer means a staff member appointed to conduct the staff member’s Performance Management and Development review in accordance with the University’s Performance Management and Development procedures.

Salary means, in relation to a particular staff member, the annual rate of payment that the staff member receives on the basis of their classification (pro-rata where applicable). For the purposes of calculating payments (other than superannuation payments) to be made during leave, in lieu of leave and on termination of employment, “Salary” means the annual rate of payment that the staff member receives on the basis of their classification and also includes any loadings and allowances which have been paid on a regular and continuous basis up to the time of taking leave or termination other than the allowances specified in Schedule 3 (unless otherwise specified) or any extraneous payments, provided that:

  1. in the case of payments during leave, loadings and allowances will be paid only if the relevant loading or allowance would have continued to be paid had the staff member remained on duty; and
  2. in the case of payments in lieu of leave and on termination of employment, loadings and allowances will be paid only if the relevant loading or allowance has been paid for a continuous period of 12 months.

Payments in lieu of leave and termination payments do not include employer superannuation contributions.

Serious Misconduct means:

  1. serious misbehaviour of a kind that constitutes a serious impediment to the carrying out of a staff member’s duties or to other staff carrying out their duties; or
  2. a serious dereliction of duties.

Examples of conduct which may constitute Serious Misconduct are:

  • a serious breach of the University’s Code of Conduct or the University’s Code of Conduct for Responsible Research Practice; theft;
  • fraud;
  • assault;
  • serious or repeated bullying or harassment, including sexual harassment;
  • persistent or repeated acts of misconduct; or
  • conviction of an offence that constitutes a serious impediment to the carrying out of a staff member’s duties.

Supervisor means the Head of a School, Organisational Unit or other budget unit. Staff will be notified in writing of the name of their Supervisor. In matters involving a perceived or actual conflict of interest for the staff member’s nominated Supervisor or in other matters in relation to which the University considers it appropriate, a reference to a Supervisor means a person appointed by the University to exercise the functions that would otherwise be exercised by the staff member’s nominated Supervisor.

Union(s) means the National Tertiary Education Industry Union and/or the Community and Public Sector Union.

University means the University of Sydney.

Vice-Chancellor means the Vice-Chancellor and Principal of the University, or in a matter involving a perceived or actual conflict of interest for the Vice-Chancellor, a person appointed by the Vice-Chancellor to exercise the functions that would otherwise be exercised by the Vice-Chancellor in respect of that matter.

Year of Employment means, except as otherwise specified in this Agreement, a period of 12 months’ paid service commencing from the anniversary of the date that the staff member commenced continuing or fixed term employment with the University, and does not include any period of casual employment.