An overview of the proposed STAFF AGREEMENT Together we can make tomorrow better

Transcription

1 An overview of the proposed STAFF AGREEMENT Together we can make tomorrow better

2 A NEW ENTERPRISE AGREEMENT Our current Curtin University Academic, Professional and General Staff Agreement had a notional expiry date of 30 June 2016 but remains in effect until it is replaced. Curtin has negotiated extensively with the various bargaining representatives over the past 18 months to develop a new, updated agreement to cover academic, professional and general staff. From the outset of bargaining we highlighted that the higher education sector was changing rapidly and our new agreement needed to support us in remaining relevant and viable as a university. Our aims throughout the negotiations have been to reach an appropriate balance to: maintain fair working conditions and entitlements for our people, in line with contemporary standards and reflecting the University s values simplify processes wherever possible, without unduly compromising conditions of employment provide appropriate flexibility to deliver teaching and research outcomes in our increasingly competitive and rapidly evolving landscape. Following a collaborative and productive bargaining process, Curtin and the various other negotiating parties have now reached in-principle accord on a new agreement that the parties believe is fair and reasonable and will appropriately balance the interests of staff, students and our University. This summary document provides an overview of the proposed changes and the steps now required to get a new agreement approved. THE BARGAINING PROCESS TO DATE Our first bargaining meeting was held on 29 April A total of 36 formal negotiation meetings have been held across this 18-month period. Reports on bargaining meeting outcomes have been regularly provided via Curtin Weekly and the 'Latest News' section of the Enterprise Agreement website. The Chief Operating Officer and Provost have conducted open information sessions during this process. Regular Just Ask Me (JAM) sessions have been hosted by the Director, People and Culture throughout the bargaining process. These informal sessions have provided an opportunity to ask questions about any aspect of enterprise bargaining. Everyone has also been invited to provide feedback and input via a dedicated EBA feedback channel. THE NEXT STEPS Information sessions will be held to provide an overview and to answer questions about the proposed agreement. A confidential online ballot will be conducted to gauge support for the proposed agreement. Further information on how to vote will be sent to you by . If the majority of participants in the ballot vote to approve the agreement, an application will be made to the Fair Work Commission for formal approval. If the agreement is not approved through the ballot, negotiations will need to recommence. More detail about the voting process is available on page 6 and on the Enterprise Agreement website: ebastaff.curtin.edu.au 1

3 WHAT ARE THE KEY CHANGES? SCOPE COVERAGE The bargaining parties acknowledged that, as our University grows and changes and our plans for Greater Curtin take shape, some businesses may require independent agreements relating more closely to the different industries and sectors they are aligned with. In this context, a separate agreement will be created for Curtin Sport and Recreation. REMUNERATION You will receive the following salary increases prescribed by the agreement. Superannuation of 17% will be extended to all continuing staff below 0.5 time (part-time work fraction) and to fixed-term staff members, within the life of the new agreement, as outlined in the table below.* SALARY AND SUPERANNUATION INCREASES Increase 1 January 18 February 15 April 30 June Salary 0.6% increase to base salary 1.5% 0.4% increase to base salary 2% increase to base salary Superannuation for continuing staff at less than 0.5 FTE Superannuation for all fixed term staff members PLUS $400 PLUS $1,150 17% from 15 April 17% from 1 March *Note new superannuation arrangements for Curtin FM (see page 3). ACADEMIC MATTERS ACADEMIC ROLES This clause has been simplified and includes updated role definitions. There is now more clarity about the ways academic staff can be appointed to positions: by merit and for purposes of career development/advancement. HOURS OF WORK AND WORKLOAD (ACADEMIC STAFF) This clause has been streamlined and outdated references have been removed. The annual work allocation remains the same at 1,725 hours, but more detail is now provided (public holidays taken and annual leave booked is now included in the overall calculation). There is also scope for greater flexibility: maximum teaching delivery hours remain but the design of teaching workloads can now more easily accommodate teaching periods other than Curtin Bentley. Further, Higher Degree by Research (HDR) supervision may be allocated as either teaching or research. There is also greater clarity around the role of the Head of School in terms of workload allocation and the plans provided by staff for self-directed research. A review of workload allocation by the Pro Vice-Chancellor may now be sought. ACADEMIC PROBATION The confirmation period has been extended to three years to provide more time for new academic staff to demonstrate their capability for an ongoing appointment at Curtin. REVIEW OF REDUNDANCY DECISIONS (ACADEMIC STAFF) Academic staff may now seek a review of a redundancy decision by the Provost. The time taken to review the decision will be deducted from any redeployment period. 2

4 EMPLOYMENT SUPPORTING STUDENT EMPLOYMENT FIXED-TERM EMPLOYMENT A new category of fixed-term employment has been created the Career Development Scheme. This scheme will provide opportunities for students and graduates to develop skills and gain valuable work experience. ABORIGINAL AND TORRES STRAIT ISLANDER (ATSI) EMPLOYMENT To support the strategic goals already outlined in Curtin s Reconciliation Action Plan, an aspirational target for the employment of Aboriginal and Torres Strait Islanders has now been included. EMPLOYMENT IN THE CENTRE FOR ABORIGINAL STUDIES The new agreement provides clarification in relation to the limited-term appointment of non-atsi staff members to the Centre for Aboriginal Studies. FIXED-TERM CONVERSION The conditions relating to the conversion of fixed-term staff from a fixed-term arrangement to a continuing status have been adjusted, with fixed-term staff members needing to demonstrate the capability to perform in an ongoing role. CURTIN FM Changes have been made to remove references to fixedterm employment for specific positions within Curtin FM. Superannuation for Curtin FM staff has been aligned with the relevant industry standard and future employees of Curtin FM will receive the government superannuation guarantee amount. LEAVE WA PUBLIC HOLIDAYS Staff members (other than trades staff members) will only be required to work on any Labour Day, Anniversary of the Sovereign or Western Australia Day if specifically directed by the University. The University may observe a limited service period over the December/January break of up to eight business days. Staff members will continue to receive four days paid leave regardless of the number of public holidays worked until the nominated expiry date of the agreement. ANNUAL LEAVE The new agreement allows for the more effective management of excess annual leave, with excess leave to now be defined as 30 days (rather than 40 days). FAMILY AND DOMESTIC VIOLENCE Curtin continues to support the use of personal leave, special leave and flexible work arrangements to deal with the impacts of family and domestic violence. The Family and Domestic Violence Leave and Support Procedures can be found at 3

5 PROCEDURES AND PROCESSES DISPUTE RESOLUTION The process is now clearer and more streamlined, ensuring that disputes are effectively and efficiently resolved at the lowest possible level in the least possible time in order to cause as little disruption as possible to all parties. MISCONDUCT/SERIOUS MISCONDUCT Definitions are now more closely aligned to those provided for in Fair Work legislation and, in doing so, the process is more streamlined and still incorporates appropriate procedural fairness and access to review. The Australian Code for the Responsible Conduct of Research (2007) is explicitly acknowledged in the agreement as providing the framework and principles underpinning the consideration of allegations of research misconduct across the University. UNSATISFACTORY PERFORMANCE The processes to address this have been simplified whilst retaining procedural fairness and access to review. CHANGE AND CONSULTATION The change management and consultation process has been simplified and provides greater clarity about transfer provisions to facilitate the retention of staff wherever possible. TRANSFER TO SUITABLE ALTERNATIVE EMPLOYMENT The definition for Suitable Alternative Employment has also been adjusted to align the transfer of professional and general staff to a suitable alternative position within one level up or down of their substantive level, or two levels lower by agreement. For transfers to a lower level, salary maintenance will be provided for 12 months. A review mechanism is included. Academic staff may be transferred to another suitable position at the equivalent level, if in line with their career aspirations. 4

6 OBTAINING FURTHER INFORMATION DOCUMENTS Two versions of the proposed Curtin University Academic, Professional and General Staff Agreement can be downloaded from the Enterprise Agreement website: ebastaff.curtin.edu.au. The first shows tracked changes to the current agreement, so the difference between the two agreements can be compared. The second has the proposed changes incorporated. The document is also provided in Word format (protected view) for staff members with a disability. If you are unable to access the Enterprise Agreement website you can also request a copy via from ebafeedback@ curtin.edu.au. INFORMATION SESSIONS You will also have an opportunity to attend a number of open information sessions about the proposed agreement and the voting process. You will receive details about the dates/times of these sessions via Curtin Weekly, s and the Enterprise Agreement website. If you have further questions, please them to eba-feedback@curtin.edu.au 5

7 VOTING AND APPROVAL PROCESS GETTING THE INFORMATION TO MAKE YOUR DECISION Read this guide and/or the full copy of the proposed agreement. Visit the Enterprise Agreement website: ebastaff.curtin.edu.au. Attend an information session (see 'Consultation and Feedback' section of the Enterprise Agreement website for details). the bargaining team at Talk to the People and Culture team: INFORMATION ACCESS PERIOD BEGINS The Information Access Period ensures you are given the opportunity to access relevant documents and information and receive timely information prior to the voting period taking place. You will receive an notifying you of the start of the formal Information Access Period. CASTING YOUR VOTE All staff are eligible to vote, expect those that the current agreement doesn t cover. Information about the voting period and processes will be sent to you by and is also available on the Enterprise Agreement website: ebastaff.curtin.edu.au. Voting will be by confidential electronic online ballot, using the e-vote system. Simply vote 'yes' to approve the proposed agreement or 'no' if you don't want to approve the proposed agreement. APPROVAL PROCESS The outcome of the vote will be announced as soon as practical after voting closes. If the majority of eligible voters have voted yes then the agreement will be formally signed by the negotiating parties. Curtin then needs to apply to the Fair Work Commission for final approval. If the application is approved, the agreement will come into operation seven days after it is approved by the Fair Work Commission. 6

8 NAVIGATING WHAT'S CHANGED AND WHAT HASN'T MAJOR CHANGES: These clauses have changed significantly. This includes both the wording and the entitlement itself. MINOR CHANGES: These clauses have changed, but not significantly. This includes the wording and minor changes to the entitlement itself. ADMINISTRATIVE UPDATES ONLY: The entitlements in these clauses have not changed other than very minor edits to improve clause clarity, updates to allowance amounts or references to accommodate the new agreement details. CLAUSES REMOVED: These clauses are out of date and have been removed. MAJOR CHANGES TO PROVISIONS NAME OF CLAUSE Coverage of the Agreement Contract of Employment General Provisions Fixed-Term Employment Position Classification (Academic Staff) Salary and Increments Indigenous Employment Employment in CAS Academic Roles Hours of Work & Workload (Academic Staff) SUMMARY OF CHANGES Curtin Sport and Recreation staff members will now be covered under a separate Agreement aligned with fitness industry standards. The Agreement will contain transitional arrangements providing for the retention of key entitlements for continuing and fixed-term staff members. Clause simplified and the academic probation period has been extended to three years. Clause simplified. Additional fixed-term employment category - Career Development Scheme created for the employment of student/graduates. Clarity provided regarding payment of severance. Category of replacement staff member has been incorporated into category of "fill a position on a temporary basis". Adoption of minimum standards of academic levels (MSALS). Amended to reflect final agreed annual increase amounts. Level increment dates remain the same. Updated to reference Aboriginal and Torres Strait Islanders (ATSI). New clause recognising the Reconciliation Action Plan as the overarching strategic document for ATSI employment. Inclusion of an aspirational target, aiming for a 2% increase of ATSI employment levels at the University over the life of the Agreement. Language updated to reference Aboriginal and Torres Strait Islanders and clause amended to clarify the fixed-term and secondment arrangements for non-indigenous staff members employed within the Centre for Aboriginal Studies. Clause order change. Academic Roles moved in front of Hours of Work and Workload. Significant editing to simplify clause and update role descriptors. Clarification about movement of academic staff to other roles offered on basis of merit selection or also can be offered on the basis of career development/ transition/advancement plans. Definitions are updated and reference to Academic Workload Management System (AWMS) is removed. Annual hours of work allocated remains the same at 1,725 however clarification is provided about public holidays taken and annual leave hours booked as part of overall annual hours (Table 1). Flexibility for staff member/university to agree to allocate HDR supervision as research activity. Clarification that Head of School will determine workloads in consultation with staff members. Plans for self-directed research to be provided to the Head of School by November each year. Staff Members may seek a review of workload allocation by the Pro Vice-Chancellor. Reference to T&R emphasis has been removed. Teaching Academics teaching workload reduced from 75% to 70%. The full range of maximum teaching delivery hours for all academics is now expressed in Table 2. Maximums remain, however teaching may be delivered in a more flexible manner. Each type of academic role has different teaching/teaching-related/research percentage allocations ascribed to it. The requirement for Research Academics to undertake teaching delivery is clarified. 7

9 Superannuation Employment (Professional and General) Annual leave Personal Leave/ Special Leave/ Flexible Work Arrangements Public Holidays Change Management & Consultation Misconduct or Serious Misconduct Managing Unsatisfactory Performance Review of Redundancy Decisions (Academic Staff) Dispute Resolution Procedure Superannuation of 17% extended to continuing staff members below 0.5 time fraction (April 2020) and fixed-term staff members (March 2021). Curtin FM is recognised as separate business model from Curtin University. Reference to specific positions within clause have been removed. Superannuation for future employees of Curtin FM will be the government superannuation guarantee rate, currently 9.5%. Definition of excess annual leave is reduced from 40 days to 30 days. Staff members now able to access personal leave, special leave and flexible work arrangements to address the impacts of family and domestic violence. Family and Domestic Violence Leave and Support Procedures are at Staff members (except trades staff) will only work the three public holidays currently identified in the agreement if specifically required to by the University. The University may observe a Limited Service period of up to eight business days over December/January each year. For this Agreement, staff receive a minimum of four days of paid leave over limited service period, regardless of number of public holidays worked. Clause is simplified and focused on key rights and obligations. Transfer within one level for Professional & General staff members. Salary maintenance for 12 months will apply for transfer to lower level position. Academic staff may be transferred to another suitable position at the equivalent level if in line with their career aspirations. Clause is simplified and focused on key rights and obligations. Definitions of Misconduct and Serious Misconduct are updated, aligning more closely with Fair Work Act and Regulations. Research Code defined as Australian Code for Responsible Conduct of Research (2007) principles underpin research misconduct investigations. University can more readily deal with matters that have been admitted in part or full. Review provisions available for termination and demotion. Clause simplified with administrative detail removed. Review provisions remain. Review provisions available for termination and demotion. Significant editing to simplify this clause. Academic staff may now seek a review of a redundancy decision by the Provost. The Provost will assess whether the job is genuinely redundant. The review time period will be deducted from any redeployment period. Clause simplified and focused on key rights and obligations. Greater alignment with Fair Work Act. University may continue with business as usual operations and processes including change during a dispute - other than that which is directly related to the staff member(s) and the dispute they have raised. 8

10 MINOR CHANGES TO PROVISIONS NAME OF CLAUSE SUMMARY OF CHANGES Date & Period of Operation Nominal expiry date change to 30 June Definitions Renegotiation of agreement Implementation of agreement Recruitment, Selection & Appointment Position classification (Professional and General) Curtin Research Contracts Allowances Occupational Health and Safety (OHS) representative Parental Leave Work Planning and Performance Review (WPPR) Student Evaluation of Teaching Workplace Rehabilitation Personnel Files Casual Employment Casual Employment in Abacus Labs and Library Changes to some definitions of terms used in the Agreement. Three-month timeframe for commencement of renegotiations removed, replaced with negotiations to commence on or before nominal expiry date. Clause updated to consolidate all references to IMCC in the Agreement into this one clause. Clause simplified with the removal of administrative processes now provided in guidelines. Appeal rights maintained in the Agreement. Clause simplified. Position classification review and appeal mechanisms remain in the Agreement. Curtin Research Contracts will only apply to staff members employed prior to the operation of this Agreement. Clarification of the duties required to be completed upon which the OHS representative allowance is received. Change to definition of partner to reference same sex partners. Clarification of the period of parental leave at half-pay that counts as continuous service. Linkage of childcare assistance break clauses. Change to this clause to incorporate another clause: student evaluation of teaching. Included in WPPR clause see above. Clause clarified University will ensure suitable alternative employment is consistent with medical advice. Workplace bullying University Health and Safety Policy reinforces zero tolerance for bullying: edu.au/local/docs/policy/health_and_safety_policy.pdf. The Workplace Respect website provides further information and avenues of support: culture/policies-employment- Updated and renamed Employment Records electronic records to be retained securely by the University and staff member may access their records. Requirement to provide estimate of casual hours to be worked in contract removed. Specific reference to periods of casual employment removed. CLAUSES REMOVED NAME OF CLAUSE Availability of Agreement Flexible Delivery Leave for Career Break Staff Assistance Program Occupational Safety & Health Definition: Clause 3 SUMMARY OF CHANGES No longer required as is available on University website. Flexible delivery is now business as usual at Curtin University. Refers to a former scheme which is no longer in use, as it has been replaced by other leave provisions and flexible working arrangements. This information is provided to staff through other means (policies, programs, activities etc). Reference to OSH allowance has been moved to the Allowances clause. Director, People and Culture definition removed as is self explanatory. 9

11 NO CHANGE TO ENTITLEMENT/ADMINISTRATIVE UPDATES OR DRAFTING CHANGES NAME OF CLAUSE Title Arrangement Employment Academic Staff Variation of Agreement Continuing Employment Casual Employment Workload (Professional & General) Hours of Work (Professional and General Staff) Flexitime Individual Flexibility Arrangements Overtime Shiftwork General Provisions Shiftwork Security Staff Supported Wage System Allowances Allowances (Academic Staff) Allowances (Professional and General Staff) Repayment on Early Resignation Recovery of Outstanding Debts Long Service Leave Compassionate Leave Leave Without Pay Study Leave Workplace Relations Leave Defence Force Leave Jury/Witness Service Leave Community Service Leave Academic Study Program Salary Packaging Staff & Organisational Development Healthy Lifestyle Program Protective Clothing Staff Member Representation Professional Indemnity Intellectual Freedom Redeployment & Redundancy (Professional & General) Redeployment & Redundancy (Academic Staff) Resignation by Staff Member Termination by the University Termination on the Grounds of Ill Health Pre-retirement arrangements Voluntary Early Retirement SUMMARY OF CHANGES Updated Updated Updated removal of old transitional arrangements Updates to allowance amounts to reflect current rates and future annual increases Updates to allowance amounts to reflect current rates and future annual increases. Updates to allowance amounts to reflect current rates and future annual increases.. Minor editing to clarify over 45 year old provisions Minor editing 10

12 Disclaimer Information in this publication is correct at the time of printing but may be subject to change. This material does not purport to constitute legal or professional advice. Curtin accepts no responsibility for and makes no representations, whether express or implied, as to the accuracy or reliability in any respect of any material in this publication. Except to the extent mandated otherwise by legislation, Curtin does not accept responsibility for the consequences of any reliance which may be placed on this material by any person. Curtin will not be liable to you or to any other person for any loss or damage (including direct, consequential or economic loss or damage) however caused and whether by negligence or otherwise which may result directly or indirectly from the use of this publication. Copyright information Except as permitted by the Copyright Act 1968 this material may not be reproduced, stored or transmitted without the permission of the copyright owner. All enquiries must be directed to Curtin University. This publication is available in alternative formats on request. CRICOS Provider Code 00301J 2933IC