The University is committed to providing a working environment that fosters excellence in teaching, world-class research and best practice organisational professionalism and performance.

A key element to achieving these objectives is the University's Performance Management and Development Program. Staff will be provided with the opportunity to develop their skills and effectiveness within the University, and to promote improved performance and efficiency through their participation in the Performance Management and Development Program and appropriate staff development activities.

All staff are required to participate in the Performance Management and Development Program in accordance with the University’s policies and procedures, and will have access to a range of staff development opportunities. Supervisors, Reviewers and staff will undertake training in relation to the Performance Management and Development Program.

The performance of casual staff may be assessed in accordance with the Performance Management and Development Program for the purposes of determining their suitability for re-employment (whether as a casual staff member or otherwise) and applications for conversion under clause 55.

A General staff member whose performance is assessed as “outstanding” may be granted a performance progression payment in the form of an accelerated salary increment (including into the next classification level) for a twelve month period. The decision to grant a performance progression payment will be reviewed annually through the staff member’s Performance Management and Development evaluation.

The University will consult with staff through the Management and Staff Consultative Committee in relation to the operation of the Performance Management and Development Program.

Where a staff member receives an overall performance rating of “not meeting objectives” or otherwise fails to perform their duties to a satisfactory standard, the staff member’s Supervisor will be required to provide guidance, counselling and develop a performance improvement plan in consultation with the staff member. The performance improvement plan must specify:

1. the required performance standards (which must be reasonable having regard to the level and duties of the position);
2. the action required to remedy the deficiencies in the staff member’s performance, including any additional counselling, professional development or training that may be required; and
3. the time frame within which the necessary improvements are required.

Where attempts to improve a staff member’s performance through guidance, counselling and a performance improvement plan under clause 246 have not demonstrated adequate improvement, the staff member will receive written notification of their Supervisor’s concerns about their performance and a formal performance improvement plan will be established in consultation with the staff member. The performance improvement plan must specify:

1. the required performance standards (which must be reasonable having regard to the level and duties of the position);
2. the action required to rectify the deficiencies in the staff member’s performance, including any additional counselling, professional development or training that may be required; and
3. the time frame within which the necessary improvements are required.

The performance improvement plan must be signed by the staff member’s Supervisor and provided to the staff member concerned who will be provided with an opportunity to comment on it. The University will also issue a performance warning if the Supervisor considers that the staff member is at risk of having their employment terminated if their performance does not improve to the required standard. The performance warning will advise the staff member in general terms of the relevant provisions of this Agreement.

Where, in the opinion of the Supervisor the staff member’s performance does not improve to the required standard within the time frame specified in their performance improvement plan (or such further time frame as may be approved by their Supervisor), the Supervisor will provide a written report to the relevant Delegate setting out what constitutes the unsatisfactory performance and outlining the steps which have been taken under clause 247. The report will also be given to the staff member who will have ten days to respond, in writing, to the relevant Delegate.

The relevant Delegate will make a determination as to an appropriate course of action taking into account any response provided by the staff member under clause 249. Where the relevant Delegate determines that Disciplinary Action is warranted:

1. where the Disciplinary Action is in the form of counselling, a direction to participate in mediation or an alternative form of dispute resolution or a written warning, the relevant Delegate’s decision will be final; and
2. in any other case, the staff member must first be given the opportunity to have the alleged unsatisfactory performance examined by a Review Committee in accordance with clauses 326 to 329. A request for a review must be made within five working days of receipt of notice of the advice to the staff member of the proposed Disciplinary Action.

Where a staff member seeks a review, a Review Committee will be convened within ten working days of receipt of the staff member’s request. The Review Committee will review the proposal and prepare a report for the relevant Delegate within ten working days (or longer period as may be reasonably necessary for it to complete its review) in relation to:

1. whether the procedures that were followed afforded the staff member the procedural fairness afforded by clause 247 to 249, and if not, whether the outcome was affected by any procedural defect that may have occurred; and
2. whether the Disciplinary Action is reasonable in the circumstances.

The report of the Review Committee will be provided to the staff member and the relevant Delegate. If the Review Committee does not endorse the relevant Delegate’s proposed course of action, the Review Committee’s report will be submitted to a more senior Delegate than the Delegate who first determined the Disciplinary Action, except where the Delegate who first determined the matter was the Vice-Chancellor.

Where a staff member’s Supervisor or a relevant Delegate becomes aware of allegations that the staff member may have engaged in Misconduct or Serious Misconduct:

1. the Supervisor or relevant Delegate may undertake or arrange such preliminary investigations or enquiries as they consider necessary to determine an appropriate course of action to deal with the matter;
2. the Supervisor or relevant Delegate may, in the case of less serious matters, seek to resolve the matter directly with the staff member concerned through guidance, counselling, warning, mediation or another form of dispute resolution;
3. in cases other than those which are dealt with under clause 253(b), the staff member will be provided with allegations in sufficient detail to ensure that they have a reasonable opportunity to respond. The staff member will be given ten days to respond to the allegations. If the staff member admits the allegations in full, the relevant Delegate may take Disciplinary Action. In other cases the relevant Delegate may appoint an Investigator to investigate the allegations and report to the relevant Delegate on their findings of fact and any other matters requested by the relevant Delegate. The Investigator will determine the procedure to be followed in conducting the investigation, subject to the requirement that such procedure must allow the staff member concerned with a reasonable opportunity to respond to the allegations against them, including any new matters, or variations to the initial allegations resulting from the investigation process. The Investigator will provide a written report to the relevant Delegate and a copy to the staff member; and
4. where the relevant Delegate is satisfied that a staff member has engaged in Misconduct or Serious Misconduct, the relevant Delegate may take Disciplinary Action against the staff member, provided that:
   1. before taking Disciplinary Action the relevant Delegate must be satisfied that the staff member has been given a reasonable opportunity to respond to the allegations against them;
   2. in any case of Disciplinary Action other than counselling, a direction to participate in mediation or an alternative form of dispute resolution or a written warning, the staff member must be given notice of the proposed Disciplinary Action and an opportunity to have the allegations examined by a Review Committee in accordance with clauses 326 to 329. A request for a review must be made within five working days of receipt of notice of the proposed Disciplinary Action; and
   3. a staff member’s employment may be terminated only if they have engaged in Serious Misconduct, as defined in clause 3 of this Agreement.
5. Any time after the staff member’s Supervisor or a relevant Delegate becomes aware of allegations that the staff member may have been engaged in Misconduct or Serious Misconduct under clause 255, the relevant Delegate may suspend the staff member with or without pay. A staff member may be suspended without pay only if:
   1. the relevant Delegate considers that there is a possibility of a serious and imminent risk to another person or to the University's property or that the allegations are sufficiently serious that it is considered possible that the staff member may be dismissed if the allegations are proven; or
   2. the staff member has been notified that the relevant Delegate proposes to recommend the termination of the staff member’s employment and the staff member has requested a review in accordance with clause 253(d)(ii).
6. Where a staff member is suspended without pay, the following will apply:
   1. if the suspension occurs at a time when the staff member is on paid leave, he or she will continue to receive Salary for the period of paid leave;
   2. the staff member may engage in paid employment or draw on any annual leave or long service leave credits during the suspension without pay;
   3. the relevant Delegate may at any time direct that Salary be paid on the ground of hardship;
   4. the staff member may request a review of the decision to suspend them without pay. Such review will be conducted by a person appointed by the University from a panel of reviewers established for this purpose. Such review will be conducted within five days of receipt of the request from the staff member, and a determination will be made within ten days of receipt of the request. The suspension without pay will continue during the review period; and
   5. any lost salary and other entitlements will be reimbursed if the decision to suspend without pay is overturned or it is determined by the relevant Delegate that the alleged misconduct is not substantiated. If it is determined that the alleged misconduct is partly substantiated, the relevant Delegate may exercise a discretion to reimburse all or part of the lost Salary and entitlements.
7. A staff member who is excluded from the University will be permitted reasonable access to the University for the preparation of their case and to collect personal property.

Where a staff member seeks a review, a Review Committee will be convened within ten working days of receipt of the staff member’s request. The Review Committee will review the proposal and prepare a report for the relevant Delegate within ten working days (or such longer period as may be reasonably necessary for it to complete its review) in relation to:

1. whether any Misconduct or Serious Misconduct occurred, and any factors in mitigation;
2. whether the procedures that were followed afforded the staff member the procedural fairness afforded by clause 253, and if not, whether the outcome was affected by any procedural defect that may have occurred; and
3. whether the Disciplinary Action is reasonable in the circumstances.

A Review Committee convened under this clause 254 may treat evidence given to the Investigator, and the report of the Investigator insofar as it constitutes direct report of the facts, as evidence.

The report of the Review Committee will be provided to the staff member and the relevant Delegate. If the Review Committee does not endorse the relevant Delegate’s proposed course of action, the Review Committee’s report will be submitted for final determination by a more senior Delegate than the Delegate who first determined the Disciplinary Action (except where the relevant Delegate who first determined the matter was the Vice-Chancellor). The limitations specified in clause 253(d)(iii) apply to any final determination made under this clause 255.

The Review of Actions and Decisions and Dispute Resolution procedures of this Agreement do not apply to any matter in relation to which a staff member has access to a review by a Review Committee or to any finding or action by a relevant Delegate under clauses 247 to 255.