1. Title

1.1 This Agreement shall be referred to as the University of Melbourne Collective Agreement 2010

2. Application and Parties Bound

2.1 This Agreement has been negotiated primarily between the University and the National Tertiary Education Industry Union.

2.2 This Agreement will be binding in its terms upon the following persons and organisations (“the parties”):

• the University of Melbourne;
• the National Tertiary Education Industry Union;
• the Community and Public Sector Union;
• the Communications, Electrical, Electronic, Information, Postal, Plumbing and Allied Services
• Union of Australia (Electrical and Plumbing Divisions);
• the Construction Forestry Mining and Energy Union;
• the Liquor & Hospitality Miscellaneous Union; and,
• staff members of the University whether members of the unions named above or not, with the exception of the following staff members:
  • those appointed as Vice-Chancellor, Provost, Deputy Vice-Chancellor, Pro Vice-Chancellor, Assistant Vice-Chancellor, Dean (for the duration of the appointment), Senior Vice-Principal, Executive Director and University Secretary.

For the avoidance of doubt, this Agreement will not apply to employment by separate organisations associated with the University, such as the Melbourne Theatre Company, for

1. the operation of theatrical venues used predominantly for commercial purposes; or
2. production companies engaged in the production of theatrical, musical or other entertainments on a commercial basis.

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3. Period of Operation

Date of commencement

3.1 This Agreement is a single-enterprise agreement under s 172(2) of the Fair Work Act 2009 (Cth) and, in accordance with s.54(1) of the Act, will take effect seven days after the Agreement is approved by Fair Work Australia.

Date of nominal expiry

3.2 This Agreement has a nominal expiry date of 30 June 2012.

3.3 The parties agree to commence negotiations for a replacement enterprise agreement three months prior to the nominal expiry date of this Agreement.

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4. Objectives

4.1 The objectives of this Agreement are to:

• provide staff with fair and equitable conditions of employment and working conditions which are tailored to the circumstances of the University;
• assist the University to effectively manage its operations;
• provide mechanisms to reward high performing individual staff and collective achievements and efficient and fair processes for improving performance;
• support the strategic direction of the University, including the ongoing implementation of Growing Esteem; and
• maximise the University’s core activities of teaching and learning, research and knowledge partnerships.

4.2 The following principles of Growing Esteem are relevant to this Agreement:

1. Most academic staff will be expected to contribute to the research performance of their department so that the department is a national leader in the research field. However, as Growing Esteem is concerned with the aggregate performance of a department, the University recognises that some academic staff may make stronger contributions in areas other than research;
2. Research expectations of academic staff will be made clear, will be reasonable having regard to their individual circumstances (including family commitments and level of appointment), and entail a reasonable time frame; and
3. Academic staff members may choose their research fields, provided that this is relevant to the discipline area in which they are engaged and is supported by appropriate funding, unless they are employed on a contract which links them to a specific research project or task.

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5. Definitions of interpretation

Interpretation

5.1 In interpreting this Agreement, each definition in clause 5.2 is taken to include any replacement position title or organisational unit title adopted by the University after commencement of this Agreement.

Definitions

5.2 The following definitions apply to the Agreement

Agreement

The University of Melbourne Collective Agreement 2010

Apprentice or Trainee

A staff member employed pursuant to an apprenticeship or traineeship approved by a relevant state or commonwealth training authority.

Budget Division

A Faculty or major administrative unit to which funds are devolved for further application.

Bullying

Repeated, unreasonable behaviour directed toward a staff member, or a group of staff, that may create a risk to health and safety, as defined in the University’s Management of Workplace Bullying and Occupational Violence policy.

Casual staff member

A person engaged by the hour and paid on an hourly basis that includes a loading related to Agreement-based benefits which a casual staff member is not eligible to receive.

Continuing employment

Ongoing employment with no fixed end date. All employment other than fixed-term employment and casual employment will be continuing employment.

Consultation

conferring and taking into account views expressed before final decisions are made, and includes a bona fide opportunity to influence the decision maker.

Dean or equivalent

The Dean of a Faculty appointed or elected under section 29 of the University of Melbourne Act 1958 and Statute 5.3 of the University of Melbourne Statutes or acting Dean or a Head of a Budget Division or acting Head of a Budget Division or delegate.

Department

An organisational unit established by Council for the purpose of organising the activities of the University and includes academic and administrative departments.

Deputy Vice-Chancellor

A Deputy Vice-Chancellor appointed under section 15 of the University of Melbourne Act 1958 and Statute 2.5 of the University of Melbourne Statutes or delegate approved by Council or an acting Deputy Vice-Chancellor.

DEEWR

The Federal Government’s Department of Education, Employment and Workplace Relations.

Disciplinary action

Action by the University to discipline a staff member for unsatisfactory performance, misconduct or serious misconduct in accordance with Part I of this Agreement.

Executive Director

A senior professional staff member, formerly Vice-Principal, reporting to a Dean, the Senior Vice-Principal or his or her delegate, the Provost or a Deputy Vice-Chancellor, or acting Executive Director.

Faculty or equivalent

A Budget Division.

Fair Work Act

The Fair Work Act 2009 (Cth) as in force and amended from time to time.

Favouritism

The improper or corrupt favouring or advantaging of one staff member or a group of staff over others, without regard to merit.

Fixed-Term Employment

Employment for a specified term or ascertainable period, for which the instrument of engagement will specify the starting and finishing dates of that employment, (or in lieu of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon the occurrence of which the term of the employment shall expire), and for which, during the term of employment, the contract is not terminable by the University, other than during a probationary period, or for cause based upon serious or wilful
misconduct.

Fixed-term position

Any position filled on a fixed-term basis.

Full time employment

For professional staff, employment for the full weekly ordinary hours.

FWA

Fair Work Australia.

Head of Department

A member of the academic or professional staff who is appointed as having responsibility for the academic and/or administrative affairs of a Department or equivalent organisational unit or acting Head of Department or delegate approved by Council.

Immediate family or household member

includes:

• a member of the employee’s household; or
• a member of the employee’s immediate family including:
  • a partner of the staff member; and
  • a dependent child or an adult child (including an adopted child, a foster child, a stepchild or an ex-nuptial child);
  • a parent, a foster parent, grandparent, grandchild; and
  • a sibling of the staff member or of the partner of the staff member; and
  • a relative who has taken the place of a parent and is residing with the staff member at the time of the illness or death; and
  • a person for whom the employee has caring responsibilities arising from an kinship relationship of equivalent status to the relationships identified above.

Indigenous Australian

A person of Aboriginal or Torres Strait Islander descent who identifies as such and whose identity as an Indigenous Australian is accepted by the community with which he or she is associated.

Individual Flexibility Arrangement

An agreement between the University and an individual staff member under clause 10 of this Agreement.

Knowledge partnerships

refers to projects that the University engages in with external constituencies which involve the development, exchange and application of knowledge and expertise for mutual benefit.

NTEU

The National Tertiary Education Industry Union.

Organisational unit

The Department, School, Faculty, Centre, Institute or Division or part thereof, or other grouping.

Partner

A person of the opposite or the same sex who lives with the staff member on a bona fide domestic basis although he or she may not be legally married to that person (including a former spouse, a de facto spouse and a former de facto spouse).

Part-time employment

For professional staff, employment to work a fixed number of hours per week, which is less than the ordinary weekly hours of a full time staff member in the same classification. Part-time employment means, for academic staff, employment to perform a workload less than the ordinary workload for a full time staff member in the same classification, and that would be expected to be performed in less than the ordinary hours worked by a full-time staff member.

Performance-based contract

A contract of employment that may be offered to a staff member in the circumstances described at clause 41 of this Agreement

Permanent Care

An arrangement where a child is placed through a Permanent Care Program by the Department of Human Services.

Professional staff

Staff employed by the University other than academic staff.

Pro-rata

Apart of a payment or accrual dependant on time fraction or a period of service.

Provost

A Provost appointed under section 15 of the University of Melbourne Act 1958 and Statute 2.5 of the University of Melbourne Statutes or delegate approved by Council, and includes an Acting Provost.

Representative

A person chosen by the staff member but not a practising barrister or solicitor.

Research Continuing Employment (Contingent-Funded)

Continuing employment subject to special terms and conditions as set out in Clause 27.

Staff member

Academic or professional staff however employed by the University.

Supervisor

The person who is responsible for the day-to-day supervision of a staff member as nominated by the University.

Termination of employment

Termination of employment at the initiative of the University.

Trades and Services staff

Professional staff employed in the Department of Property and Campus Services who are engaged as carpenters, painters, builders, labourers or trades assistants, plasterers, electricians, plumbers, mechanical/electrical technicians, electrical
mechanics or gardeners or horticultural technicians.

Union

The relevant union or unions identified in clause 2.2 or all of those unions as the context requires.

University

The University of Melbourne.

Vice-Chancellor

The Vice-Chancellor or Chancellor of the University, the acting Vice-Chancellor, a delegate approved by Council, or the Vice-Chancellor's nominee.

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6. Relationship to Awards, Other Agreements and University Statutes and Policy

6.1 This Agreement constitutes a comprehensive and closed agreement and operates to the exclusion of and wholly replaces any existing enterprise agreements, awards or future awards which may otherwise, but for this clause, apply to those staff whose employment falls within the scope of this Agreement.

Relationship to University statutes and policy

6.2 University policies and procedures, as varied from time to time apply to all staff but do not form part of this Agreement.

6.3 The University will consult with staff and the NTEU when developing or significantly varying University policies and procedures.

7. Access to Agreement

7.1 A copy of this Agreement shall be made available to each staff member of the University.

7.2 The University will make this Agreement easily accessible on its website.

8. Further claims

8.1 The parties to this Agreement agree that at least until such time as this Agreement has passed the nominal expiry date set out in this Agreement, they will not pursue any extra claims nor undertake industrial action concerning matters raised in negotiations leading to the making of this Agreement, matters not raised or contemplated prior to the making of this Agreement nor matters included in this Agreement. For the avoidance of doubt, this does not preclude the parties from making claims under clause 3 or from implementing and applying any of the provisions of this Agreement.

9. Australian Workplace Agreements (AWAs) / Indivudual Transitional Employment Arrangements (ITEAs)

9.1 The University will, within one month of the approval of this Agreement, provide to each staff member who would but for the operation of an AWA or ITEA be covered by this Agreement, an offer to terminate the AWA or ITEA. Thereafter, the University will facilitate any request of any such staff member for termination of his or her AWA or ITEA.

9.2 Notwithstanding the termination of an AWA or ITEA pursuant to this clause, the employee shall not, as a consequence of that termination, thereafter suffer any demotion, or reduction or loss of remuneration (other than a reduction or loss resulting from the termination of a superannuation or salary packaging arrangement possible under the AWA or ITEA which is not possible under this Agreement) and the University shall apply the terms of this Agreement to the staff member.

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10. Individual Flexibility Arrangements

10.1 This clause constitutes the flexibility term referred to in section 202 of the Fair Work Act.

10.2 The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if:

1. the arrangement deals with structuring a pattern of working hours (within the span of hours in this Agreement) to enable professional staff members to work on a full-time or fractional seasonal basis for a portion of a year receiving salary payments averaged across the whole year. Provided that the staff member will be eligible for overtime in the same manner as other staff in respect of any hours worked outside the agreed ordinary hours specified in the arrangement;
2. the arrangement meets the genuine needs of the University and the staff member in relation to the matter mentioned in paragraph (a); and
3. the arrangement is genuinely agreed to by the University and staff member.

10.3 The University must ensure that:

1. agreement to a flexibility arrangement may not be a precondition of employment, reclassification or promotion;
2. the staff member is advised that they are entitled to have a Representative negotiate a flexibility arrangement on their behalf, providing that the arrangement does not require the consent of a third party as specified in section 203(5) of the Fair Work Act; and
3. the employee and their Representative must have at least three working days to consider the proposal.

10.4 The University must ensure that the terms of the individual flexibility arrangement:

1. are about permitted matters under section 172 of the Fair Work Act;
2. are not unlawful terms under section 194 of the Fair Work Act; and
3. result in the staff member being better off overall than the staff member would be if no arrangement was made.

10.5 The University must ensure that the individual flexibility arrangement:

1. is in writing; and
2. includes the name of University and staff member; and
3. is signed by the University and the staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; and
4. includes details of:
   1. the terms of this enterprise agreement that will be varied by the arrangement; and
   2. how the arrangement will vary the effect of the terms; and
   3. how the staff member will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
5. states the day on which the arrangement commences.

10.6 The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to and keep a copy of the arrangement as a times and wages record.

10.7 The University or the staff member may terminate the individual flexibility arrangement:

1. by giving no more than 28 days written notice to the other party to the arrangement; or
2. if the University and the staff member agree in writing—at any time.

10.8 This clause relates to reaching individual agreement to change the effect of provisions in the Agreement. The right to make an agreement pursuant to the clause is in addition to, and does not in any way affect or limit flexibilities or changes that arise from applying the terms of the Agreement.

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