The University of Melbourne Collective Agreement 2010
Part H: Staff Development
- Performance Development Framework (PDF)
- Elements of the Performance Development Framework
- Performance Improvement Measures
- Review of the Performance Development Framework
61.1 For academic staff, the supervisor is normally the Head of Department but may be another staff member normally of Level C or comparable rank. Where the Head of Department is not the supervisor, the academic staff member will be notified in writing. Academic staff members may request the nomination of an alternative supervisor.
61.2 For professional staff the supervisor will be nominated by the Head of the Organisational Unit.
61.3 Prior to undertaking the supervisory responsibilities of the Performance Development Framework, each supervisor must have completed training in the Performance Development Framework and methods of giving feedback. Normally this will occur within three months of the appointment of the supervisor.
62. Performance Development Framework (PDF)
62.1 The Performance Development Framework (PDF) establishes a series of discussions and documentation of a staff member’s performance expectations, development activities and review of achievements over a period of time.
62.2 The PDF provides a basis for decision making in relation to career development, professional development, performance objectives, reward and recognition for performance and decisions in regard to bonus payments, loadings, linked advancement, accelerated increments and incremental advancement. While PDF outcomes will be considered as part of, they will not be the sole determinant of, academic probation.
62.3 All decisions relating to probation, performance improvement and disciplinary action for unsatisfactory performance must be made in accordance with the procedures defined in this Agreement.
Application of the Performance Development Framework
62.4 The Performance Development Framework applies to all continuing and fixed term staff members.
62.5 The Performance Development Framework does not apply to casual staff members (except for clause 61). The performance of casual staff members is managed consistent with clause 30.
62.6 The Performance Development Framework will be introduced and explained to new staff as part of the probation process to establish an understanding of the University’s PDF policy, their expected performance standards and performance support mechanisms, including professional development.
62.7 All new staff shall participate in a training program on the operation of the Performance Development Framework. Supervisors must undertake training in both the PDF process and the skills required to lead the process.
63. Elements of the Performance Development Framework
63.1 The PDF will involve at least one performance review and one feedback discussion per 12-month period for eligible staff members. Where a fixed-term staff member is engaged for 12 months or less the review will be undertaken at least 2 weeks prior to the expiry of his or her fixed-term contract.
63.2 The principal elements to be covered in performance reviews and feedback discussions are:
- review of the role and/or responsibilities of the staff member, including objectives and skills and/or knowledge acquisition set in previous feedback discussions;
- consideration of the workload of the staff member (although staff members may raise workload issues with their supervisors whenever there is a concern or problem);
- acknowledgement of initiatives and achievements of the staff member;
- a plan which includes staff or professional development activities and future performance objectives;
- feedback to the staff member on his or her performance against previously determined objectives and whether performance has been unsatisfactory, satisfactory, good or outstanding;
- where appropriate, advice as to whether an increment will be awarded; and
- feedback and coaching to the staff member on specific areas requiring development, which should be clearly documented where performance is unsatisfactory.
63.3 Outcomes of feedback discussions shall be documented and the staff member may and supervisor must retain copies.
63.4 Details of performance reviews and feedback discussions shall remain confidential between staff members, their supervisors and subsequent supervisors, provided that where reasonably required in order to assist in the implementation of the PDF, details of the review outcomes may be shared with more senior managers in the relevant department or Budget Division. However, information shall be available to decision makers in pursuit of clauses 66, 67 and 68 (withholding increments, nonconfirmation of probation and unsatisfactory performance) and, if required, to facilitate the management of reward and recognition of performance in accordance with clause 62.2.
63.5 Performance objectives and development plans will take into account the individual circumstances of the staff member and career objectives of the staff member, the operational requirements of the Department and should be aligned with the position description and performance standards of the employment level and take into account work fraction and comparative workloads.
64. Performance Improvement Measures
Non-application to probation
64.1 These performance improvement measures clauses shall not apply in relation to decisions regarding probation.
Action to be taken where performance is unsatisfactory: Performance Improvement Plan (PIP)
64.2 Where a supervisor can demonstrate that a staff member's performance is unsatisfactory, he or she will schedule a review and feedback session to discuss with the staff member the elements of performance which are unsatisfactory.
64.3 If those discussions do not resolve the matter, the supervisor may develop a Performance Improvement Plan (PIP) in consultation with the staff member.
64.4 Staff members are entitled to have a Representative, which may include a Union Representative, assist them at any point in this process.
64.5 Prior to the implementation of the PIP, the staff member must be provided with an opportunity to comment on the draft objectives.
64.6 The PIP shall include:
- a clear statement of performance objectives;
- details of what is necessary to achieve the identified performance objectives;
- the time frame in which they are to be reached (which shall be no greater than 6 months unless otherwise agreed between the staff member and the supervisor);
- detail the provision of developmental or other support relevant to improving performance. Such support may include, but shall not be limited to, guidance, counselling and consideration of work allocation ;
- specification of regular performance review meetings during the course of the PIP;
- a copy of this clause and clause 68 (detailing the potential penalties which may be imposed if no performance improvement is forthcoming).
64.7 Copies of all documentation associated with the PIP, including signed minutes of the performance review meetings, will be provided to the staff member.
65. Review of the Performance Development Framework
65.1 During the life of the Agreement, the parties agree to review the PDF and implement the outcomes of that review, in accordance with Schedule 6 to this Agreement.
66.1 An increment shall be awarded if a staff member has participated in the performance development framework and their performance has been assessed as satisfactory or better and the increment ceiling has not yet been reached.
66.2 No increment shall be deferred or denied due to a failure of the supervisor to conduct an annual review and feedback discussions under the Performance Development Framework.
66.3 An increment shall be deferred if a staff member has participated in the Performance Development Framework and has been assessed as unsatisfactory and is subject to a performance improvement process under clause 64.
66.4 An increment may be deferred if a staff member has not participated in the Performance Development Framework because of unpaid absence from the workplace for an extended period, for purposes not connected to the work that he or she has undertaken for the University, provided that the period of deferral of an increment shall be no more than the period of unpaid absence
66.5 An increment shall be denied:
- if a staff member has refused to participate in the Performance Development Framework; or
- if a staff member's performance remains unsatisfactory following the completion of a PIP.
66.6 Where an increment is deferred under clause 66.3 and where the staff member has reached the agreed standard of performance within six (6) months of the deferral and has demonstrated satisfactory performance for a period of six (6) consecutive months, an increment shall be awarded from the date on which it is agreed that the staff member's performance was satisfactory. Should the staff member not reach the agreed standard, the staff member shall be advised of the reasons in writing, and the increment shall be denied.
67.1 Clause 67.3 and 67.7 to 67.9 apply to all appointments other than casuals and continuing academic staff.
67.2 Before the end of the probation period specified in a staff member's contract of employment, a decision must be made as to whether the staff member should continue in employment with the University.
67.3 The probation periods for academic staff on fixed-term contracts and professional staff will be:
|Duration of employment||Maximum probation|
|Up to one year||Three months|
|More than one year||Six months|
67.4 Probation criteria must be in writing and be:
- specified as definable goals and included in the staff member's contract of employment;
- related to the position description for the position;
- related to the level and time frame of the appointment of the staff member; and
- designed to ensure that the staff member will work productively in the University.
Role of supervisor during probation period
67.5 The supervisor must support the new staff member by:
- setting and clarifying probation criteria;
- establishing goals in the Performance Development Framework which are consistent with the probation criteria;
- meeting the staff member at regular intervals to monitor progress;
- providing reasonable counselling and coaching;
- providing reasonable training and professional development;
- documenting progress and ensuring that the staff member sees and has the opportunity to comment on any probation reports; and
- alerting the staff member to the possibility of termination if it appears that the criteria are not being met and supporting the staff member in achieving the required performance goals.
Probation and Confirmation Decisions
67.6 Staff members shall be advised of, and given an opportunity to make response to, any adverse material about the staff member which the University intends to take into account in a decision to terminate the employment upon or before the expiry of the period of probation.
67.7 The supervisor must make a recommendation as to whether the staff member will be confirmed normally no less than ten working days before the end of the probation period.
67.8 Where the recommendation is that the staff member not be confirmed, the staff member must have an opportunity to comment on the recommendation before it is acted on.
67.9 In making a decision not to confirm the staff member, the Vice-Chancellor must be satisfied that the probation procedures have been followed, and that the staff member was given appropriate support to achieve the desired standard.
67.10 Any staff member in a probationary period, or their supervisor, may seek an early decision in relation to the probation, subject to clause 67.12.
Confirmation of continuing academic staff
67.11 The confirmation period for continuing academic staff members is a maximum of five years unless extended in accordance with clause 67.15 below. The determinants of whether appointment should be confirmed are whether the staff member achieves the probation objectives and has established the capacity to undertake an academic career. The principles and procedures in clauses 67.4 and 67.5 apply to the confirmation process.
67.12 The employment of the staff member may be terminated only:
- on the same basis as a confirmed continuing academic staff member; or
- if her or his performance is rated unsatisfactory, through an early decision not to confirm; or
- at the end of the confirmation period in accordance with this clause.
67.13 A recommendation by the Head of Department to confirm or not confirm must be made six months prior to the end of the probation period. The staff member may see and comment on the recommendation of the Head.
67.14 A committee of senior academic staff will review the recommendation of the Head of Department.
67.15 The committee of senior academic staff who determine the matter, may recommend that the Provost:
- confirm the appointment;
- not confirm; or
- extend the confirmation period by up to one year.
67.16 In the event that non-confirmation is recommended the staff member will be:
- advised of the grounds for non-confirmation;
- provided a minimum of six months notice of termination of employment; or
- at the discretion of the University, given payment in lieu of notice or part payment and part notice.
67.17 Within 10 working days of the receipt of advice of the recommendation not to confirm, the academic staff member may seek a review of that recommendation or decision by the Review and Appeals Committee established at clause 69 (the procedures in which shall be adapted to this clause). The grounds for review are the outcome of the committee’s deliberations was materially affected by a procedural irregularity; and in the case of early termination for unsatisfactory performance, under clause 67.12 there is insufficient evidence to support a finding of unsatisfactory performance. The Review and Appeals Committee will make recommendations to the Vice-Chancellor who shall determine the matter.
67.18 Prior to the Vice-Chancellor determining the matter, the staff member may comment on the grounds for the decision. The Vice-Chancellor will take into account any submission of the staff member.