3 DEFINITIONS

This Clause contains definitions of relevant terms used in two or more Clauses of this Agreement.  Where a term is used in the context of a particular Clause, the definition for that term appears in the relevant Clause.

3.1 Use of singular and plural

For the purposes of this Agreement, unless the context otherwise requires, words in the singular include words in the plural and vice versa.

3.2 ‘AIRC’ or the ‘Commission’ refers to the Australian Industrial Relations Commission.

3.3 ‘Act’ means the Workplace Relations Act 1996 (Commonwealth) (as amended or replaced from time to time).

3.4 ‘Bullying’ includes behaviour aimed to demean, humiliate or intimidate staff either as individuals or as a group.  Supervisors have a role to play in the prevention of workplace bullying by taking action when instances of such behaviour come to their attention.  The University is opposed to workplace bullying.

3.5 ‘Consultation’ at UTS involves the timely provision of information about a matter requiring a decision, and opportunities for relevant parties to identify, seek clarification and respond to issues that are raised for the purposes of:

• achieving effective communication
• allowing decision-making by the University to be informed by the views of the parties who will be affected by the decision, and
• minimising the risks of conflict and misunderstanding.

While it is accepted that consultation may not lead to agreement by all of the parties, consultation does mean that the views that are expressed by them shall be taken into account before final decisions are made by the University.

3.6 ‘Deputy Vice-Chancellor’ means the person appointed as such to be the Deputy Vice-Chancellor of the University or equivalent position, and includes anyone fulfilling that role on a temporary basis, or any nominee of the Deputy Vice-Chancellor.

3.7 ‘Director, Human Resources’ means the person appointed as such to be the Director, Human Resources of the University or equivalent, and includes anyone fulfilling that role on a temporary basis, or any nominee of the Director, Human Resources.

3.8 ‘Ordinary rate of pay’ means salary a staff member is entitled to for performing his or her ordinary hours of work and does not include overtime, penalty rates, shift and other allowances or other payments of a like nature.

3.9 ‘Medical certificate’ means a certificate issued by a person registered or licensed as a practicing health practitioner and the certificate is issued in respect of the area of practice in which the practitioner is registered or licensed.

3.10 ‘Policy’ or ‘procedure’ means a University policy, procedure or guideline, as appropriate under the University policy framework.

3.11 ‘Representative’ means a person who is chosen by the staff member to assist or represent them, who may be a staff member or a union but who is not a barrister or solicitor in private practice.

3.12 ‘Staff’ or ‘staff member’ means one or more support staff employed by the University and covered by this Agreement (refer to Clause 9, Application).

3.13 ‘Supervisor’ means the person or position occupant so nominated in the staff member’s position description, letter of offer or as nominated by the University.  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 supervisor’s supervisor. 

3.14 ‘Union’ in this agreement means and refers either to the Community and Public Sector Union or the National Tertiary Education Industry Union.

3.15 'Unit Increment Date’ means the date on which staff within a work unit are eligible to incrementally progress.  This date will be either 1 April or 1 October as determined by a work unit.

3.16 ‘University’ means the University of Technology, Sydney as the employer.

3.17 ‘Vice-Chancellor’ means the person appointed as such to be the Vice-Chancellor of the University or equivalent, and includes anyone fulfilling that role on a temporary basis, or any nominee of the Vice-Chancellor.

3.18 A ‘Week’ is equal to five (5) working days within a 7-day cycle.

3.19 ‘Week’s pay’ means the ordinary time rate of pay per week for the staff member concerned.

3.20 Any ‘year of service’ is deemed to be twelve months from the anniversary date of commencement.

4 OBJECTIVES OF THE AGREEMENT

The University recognises the important contribution that support staff make to the advancement of the University’s strategic objectives.  This Agreement represents a set of consolidated, clear and effective industrial conditions of employment, to the mutual benefit of staff members and the University.

The objectives of this Agreement are to:

(a) foster cooperative and consultative relationships between the parties to this Agreement

(b) foster a mutually supportive relationship between staff and supervisors

(c) facilitate an environment for staff and supervisors to manage workplace issues at the local level

(d) provide a consultative framework in which the University can respond effectively, flexibly and in a timely manner to the challenges of a constantly changing environment

(e) provide staff with a flexible, secure and supportive working environment

(f) to achieve continuing improvements in productivity, quality and efficiency

(g) to support and implement the principles of equity, diversity, health and safety and sustainability

(h) support the effective implementation of the University’s Mission, the UTS Strategic Plan and those strategies and actions emanating from the Plan.

Although referred to in this Agreement, the University Mission and Strategic Plan do not form part of this Agreement.

5 RELATIONSHIP WITH AWARDS AND CERTIFIED AGREEMENTS

5.1 This Agreement constitutes a closed agreement between the parties and comprehensively regulates the relationship between the University and those staff whose employment is subject to the Agreement.

5.2 This Agreement is a Union Collective Workplace Agreement pursuant to Section 328 of the Workplace Relations Act 1996 (as amended) and rescinds and replaces the University of Technology Sydney Enterprise Agreement (Support Staff) 2004.  To remove any uncertainty, this Agreement wholly displaces and operates to the exclusion of all awards and other agreements that would otherwise apply to staff whose employment is regulated by the provisions of this Agreement.

5.3 Unless provided for by this Agreement, Protected Award Conditions (as defined under section 354 of the Act) including:

(a) rest breaks

(b) incentive-based payments and bonuses

(c) annual leave loadings

(d) observance of days declared by or under a law of the State of NSW to be observed generally within NSW as public holidays by workers in NSW and entitlements of staff to payment in respect of those days

(e) days to be substituted for, or a procedure for substituting days referred to in paragraph (d)

(f) monetary allowances for:

i. expenses incurred in the course of employment; or

ii. responsibilities or skills that are not taken into account in rates of pay for staff; or

iii. disabilities associated with the performance of particular tasks or work in particular conditions or locations

(g) loadings for working overtime or for shift work

(h) penalty rates

(i) outworker conditions

(j) any other matter specified in the Workplace Relations Regulations (Commonwealth) as varied from time to time

are expressly excluded by this Agreement.

5.4 This Agreement does not affect or impede the following:

•  National Training Wage Award 2000
• use or application of any supported wage system for staff with disabilities established by the Federal Government.

5.5 Nothing in this Agreement shall be taken as incorporating as a term of this Agreement, any policy, procedure, or guideline referred to in this Agreement.  If there is any inconsistency between a policy, procedure or guideline and the express terms of this Agreement, the express terms of this Agreement prevail.

6 HUMAN RESOURCES POLICIES, PROCEDURES AND GUIDELINES

6.1 The University and its staff recognise the importance of best practice in the implementation of policies, procedures and guidelines that are related to the conditions and benefits affecting employment of staff at the University.

6.2 The terms and conditions of employment for staff are outlined in this Agreement.  Policies, procedures and guidelines relating to conditions and benefits affecting employment are contained in the UTS Human Resources Manual.  These may be changed from time to time and they will apply in the form they are in as at the time of the relevant decision/action.

6.3 To support effective consultation and dissemination and in relation to the development and review of human resources policies, procedures and guidelines, a Policy Reference Group will be established consisting of:

• two staff members nominated by the Branch President of each Union
• four staff members elected by and from all staff covered by this Agreement

6.4 The Policy Reference Group will be invited and given sufficient time to provide their views on the development of new or revision of a particular human resources policy, procedure or guideline.

6.5 Where substantive changes to University human resources policies, procedures and guidelines are proposed that directly affect the employment conditions of staff, reasonable notice will be given and consultation with the Policy Reference Group will take place prior to any decision being made.

7 AUSTRALIAN WORKPLACE AGREEMENTS (AWAs)

The University may enter into AWAs with its staff.  Those AWAs may either operate to the exclusion of this certified agreement or prevail over the terms of this certified agreement to the extent of any inconsistency, as specified in each AWA.  At the time of offering an AWA, the University will offer genuine and informed choice between the AWA and this Agreement.  The University will advise of the right to appoint a bargaining agent and will allow at least seven days to consider the AWA as required.  The University will provide access to the Agreement.

8 LENGTH OF THE AGREEMENT

This Agreement will come into force on the date on which the Agreement is lodged in accordance with Section 347 of the Workplace Relations Act 1996 (as amended), and will continue to be in operation until 30 June 2009.

9 APPLICATION

9.1 This Agreement will be binding according to its terms upon:

(a) Community and Public Sector Union (CPSU), and

(b) National Tertiary Education Industry Union (NTEU), and

(c) University of Technology, Sydney, and

(d) Support staff employed by the University classified at levels 1 to 10 in accordance with the Agreement.

9.2 This Agreement does not apply to staff who are employed by the University as members of the Senior Staff Group and who are covered by the University of Technology Certified Agreement (Senior Staff Group) 2004 or any successor Agreement provided that this Agreement shall continue to apply to support staff employed at Levels 1 to 10, inclusive.

10 RESOLVING DISPUTES

Principles

10.1 The University and its staff have an interest in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner.  As far as possible disputes should be resolved at the level at which they arise and by the staff directly involved in the dispute.  Those who are party to a dispute must cooperate to ensure that the resolution procedures are carried out as quickly as is reasonably possible.  If the dispute relates to the application of this Agreement, the parties to the dispute or, where requested, their representative(s) will first attempt to resolve the matter at the workplace.

10.2 A dispute regarding the interpretation, application or operation of a provision of this Agreement, will be resolved using the procedures set out in this Clause.  Throughout this process the staff member(s) may choose to be assisted by or act through their chosen representative.

Procedures

10.3 Where a dispute arises under this Clause, the affected staff member(s) will provide the supervisor with written notice of the dispute.  Those involved in the dispute must meet and attempt to resolve the matter within five working days of receipt of the written notice or as soon as possible thereafter.

10.4 Where a dispute is not settled under sub-clause 10.3, or the matter is of such a nature that a direct discussion between the staff member(s) and the supervisor would be inappropriate, then the staff member(s) may take the matter up, in writing, with the next most senior University manager, who will attempt to resolve the matter, normally within ten (10) working days of it having been raised by the staff member(s).

10.5 Where a dispute is not settled under sub-clause 10.4, the affected staff member(s) may take the matter up, in writing, with the relevant Dean/Director who will consult with the Director, Human Resources (or nominee) in an attempt to resolve the matter.  The relevant Dean/Director and the Director, Human Resources (or nominee) will meet with the affected staff member(s) and/or their representative, if they so choose, within ten working days with a view to resolving the matter at dispute if possible.

10.6 Where the dispute is not resolved by the processes referred to above, either party to the dispute may refer the matter to the AIRC for resolution by mediation and/or conciliation and, if the dispute remains unresolved, by arbitration.  In dealing with the dispute the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.  During this process the staff member and the University may be represented, where requested, by a person or organisation of their choice.

10.7 Any dispute referred to the AIRC under this Clause should be dealt with by a member agreed by the parties to the dispute at the time or in default of agreement, a member nominated by either the head of the relevant AIRC panel or the AIRC President.

10.8 Subject to any legal right of appeal or review which might exist, (which in the case of the Commission dealing with the dispute, shall include the right to appeal to a Full Bench of the AIRC) the resolution of the dispute shall be binding on the parties to the dispute.

10.9 Except where an occupational hazard exists until the procedures in sub-clauses 10.3 to 10.5 have been exhausted:

(a) work shall continue in the normal manner

(b) no industrial action shall be taken by the University or the staff

(c) the University, the staff member or the staff member’s representative shall not take any other action likely to exacerbate the dispute.

11 PRINCIPLES OF CONSULTATION AT UTS

The University will consult with staff, and where a staff member so chooses their representative, on workplace relations issues, on the achievement of the Agreement’s objectives and about grievances or disputes arising from implementation.  In doing so, the University will take their views into account before making final decisions.

The University may use a variety of mechanisms to communicate and consult with staff to ensure that they are kept informed of issues in the workplace and are provided with the opportunity to contribute their views about changes to workplace matters that directly affect them and on how to improve operations, structures or processes at UTS generally.  Mechanisms for communication and consultation can include:

(a) communication from the Vice-Chancellor to staff on important University developments

(b) meetings of individual work units or groups at which feedback and the views of staff is sought

(c) meetings with relevant groups of staff and/or their representatives, where they so choose, to obtain their views on one or more particular issues

(d) focus groups to obtain the views of staff on one or more particular issues; and

(e) staff forums through which staff can be invited to contribute their views.

Managers and supervisors have a responsibility for ensuring that staff are informed of and consulted about changes at the local workplace level. 

All staff are encouraged to access information and to participate in consultation processes, to maintain personal awareness of institutional issues and developments and to use the opportunities available to provide their view on workplace matters that are of interest to them.