Interpretation

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In this Agreement, the terms “includes” and “including” are to be interpreted without limitation, and unless the contrary intention appears, a reference to:

1. legislation or a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
2. a clause or schedule is a reference to a clause of or schedule to this Agreement and a reference to this Agreement includes any schedules;
3. guidelines means guidelines as introduced, altered or replaced by the University from time to time;
4. a policy means a University policy as introduced, altered or replaced by the University from time to time;
5. a procedure means a University procedure as introduced, altered or replaced by the University from time to time;
6. a Code of Conduct means a University Code of Conduct as introduced, altered or replaced by the University from time to time; and
7. a position includes a person appointed to act in the position on a temporary basis.

Term of Agreement

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This Agreement commences operating seven days after it is approved by Fair Work Australia and its nominal expiry date is 31 May 2012.

Application of Agreement

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This Agreement covers and is binding upon the University, the National Tertiary Education Industry Union and the Community and Public Sector Union and all staff employed by the University to work in the classifications set out in Schedule 2 other than:

1. the Vice-Chancellor, Deputy Vice-Chancellors and Deans;
2. any member of Academic staff whose annual remuneration (including salary and loadings but excluding superannuation) exceeds the relevant Level E Professorial salary rate and applicable loadings specified in Schedule 1 (as adjusted from time to time) by at least 50%;
3. any member of General staff or English Language Teaching staff whose annual remuneration (including salary and loadings but excluding superannuation) exceeds the relevant HEO Level 10 salary rate specified in Schedule 1 (as adjusted from time to time) by at least 50%; and
4. staff to whom one or more of the following awards apply: Entertainment and Broadcasting – Live Theatre and Concert Award 1998, Entertainment and Broadcasting – Live Theatre and Concert Award (State) 1998 or Entertainment and Broadcasting – Theatre Managers’ Live Theatre Award 1998 or any successor to these awards.

For the purposes of paragraph (b), “applicable loadings” means the loading or loadings to which the staff member would be entitled if employed in a Level E Professorial position under this Agreement.

Individual Flexibility Arrangements

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1. The University and any member of staff covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this Agreement if:
   1. the arrangement permits the staff member to work a reduced number of weeks over a 12 month period and take additional leave, with a proportionate reduction in their Salary and any loadings to which they are entitled;
   2. the arrangement meets the genuine needs of the University and staff member in relation to one or more of the matters referred to in paragraph (i) of this clause; and
   3. the arrangement is genuinely agreed to by the University and the staff member.
2. The University must ensure that the individual flexibility arrangement:
   1. is in writing;
   2. includes the name of the University and the staff member;
   3. is signed by the University and the staff member and, if the staff member is under 18 years of age, is signed by a parent or guardian of the staff member; and
   4. includes details of the terms of this Agreement that will be varied by the arrangement and how they will be varied.
3. The University must ensure that the terms of any individual flexibility arrangement:
   1. are about permitted matters under section 172 of the Fair Work Act 2009 (Cth);
   2. are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth);
   3. result in the staff member being better off overall than he or she would be if no arrangement was made; and
   4. do not result in the staff member being provided with any payment or benefit that is inconsistent with the National Employment Standard under the Fair Work Act 2009 (Cth).
4. The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to by them.
5. The University or the staff member may terminate the individual flexibility arrangement:
   1. by giving 28 days written notice to the other party to the agreement; or
   2. if the University and staff member agree in writing – at any time.

Anti-discrimination

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The University is committed to employment practices that help prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, trade union membership and activity, national extraction or social origin.

Objectives

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The initiatives in this Agreement have been negotiated to reflect the University’s core values and to give effect to the Parties’ commitment to:

1. ensuring that staff of outstanding quality and international standing are attracted, rewarded fairly and reasonably; developed, retained and supported to contribute to our reputation nationally, regionally and internationally;
2. ensuring quality and sustainability in meeting the needs of our stakeholders;
3. providing a rewarding, fair, flexible and inclusive working environment for staff;
4. integrity, professionalism and collegiality in our staff;
5. ensuring gender equity in all work practices, including in relation to the allocation of work, and the implementation of policies to promote gender pay equity;
6. achieving and maintaining a healthy and safe working environment that is free from bullying and harassment including by ensuring compliance with all relevant occupational health and safety legislation; and
7. ensuring that the University is in a strong position to face the challenges in the Higher Education sector and continue to achieve its strategic goals and priorities.

Indigenous Australians Employment Strategy

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Reflecting the Parties’ commitment to the principles of Aboriginal and Torres Strait Islander Self-Determination, social and restorative justice and cultural affirmation, an Aboriginal and Torres Strait Islander employment strategy will be implemented with the objectives of:

1. maximising staff development along with the transfer of job skills and information in order to increase Indigenous knowledge, independence, remuneration, job security and self-sufficiency;
2. increasing, encouraging and fostering Indigenous employment and participation at all levels of work activity;
3. facilitating and encouraging the direct involvement of Indigenous staff members in determining their own career strategies, goals and objectives; and
4. establishing clear targets (including targeted timelines) for Indigenous staff to comprise at least two per cent of each Academic and General staff.

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Staff representation in the monitoring and implementation of the strategy will be facilitated by Union representation on the Indigenous Education Advisory Committee, chaired by the Deputy Vice-Chancellor (Education) who has responsibility for all indigenous matters, University-wide.

Availability of Agreement

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A copy of this Agreement will be placed on the University’s website and will also be available for inspection by staff at each campus of the University.

Relationship to other agreements, awards and policies

Agreements and awards

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This Agreement is a closed and comprehensive agreement and wholly displaces any awards and agreements which, but for the operation of this Agreement, would apply.

University policies etc

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Any policies, guidelines, procedures and Codes of Conduct of the University (whether referred to in this Agreement or not) do not form part of this Agreement. The University will consult with the Management & Staff Consultative Committee and through the University's collegial processes in relation to the introduction or amendment of policies, guidelines, procedures and Codes of Conduct that have a significant and substantial impact on matters pertaining to the employment of staff under this Agreement, including for example, policies dealing with recruitment and selection, academic promotion and performance management and development.

No extra claims

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This Agreement is closed and comprehensive. There will be no further claims in relation to the matters covered by this Agreement during its nominal life except where permitted by this Agreement.