Enterprise Bargaining Agreement (Academic and General Staff) 2000

Part A - Preliminaries

1. Title

The Agreement shall be known as the Monash University Enterprise Agreement (Academic and General Staff) 2000.

2. Arrangement

Clause Number & Name Page Number

3. Definitions

3.1 "Act" means the Workplace Relations Act 1996 (the Act) as amended.

3.2 "Chief Executive Officer " means the Vice-Chancellor and President of the University, or where applicable, a college director, or a person acting in a Chief Executive Officer's position, or as his/her nominee.

3.3 "Council" means the governing council of Monash University.

3.4 "Dean" means the University officer appointed as chairperson of the faculty presiding over the educational and administrative affairs of the faculty.

3.5 "Deputy Vice-Chancellor (Resources)" means the University Officer having responsibility for general staff matters or his/her nominee.

3.6 "Disciplinary action- academic staff" means action by the University to discipline a member of academic or general staff for unsatisfactory performance, misconduct or serious misconduct and is limited to:

3.6.1 Formal censure or counseling;

3.6.2 Demotion by one or more classification levels or increments;

3.6.3 Withholding of an increment;

3.6.4 Suspension with or without pay;

3.6.5 Termination of employment.

3.7 "Employee" means, consistent with the context, any or all of the full-time and fractional time academic and general staff employed on a continuing, fixed-term or casual basis by Monash University.

3.8 "Injury" shall have the same meaning as is ascribed to it under the Workers' Compensation Act 1958 or the Accident Compensation Act 1985 whichever is applicable.

3.9 "Misconduct" shall mean conduct which is not serious misconduct but which is nonetheless conduct which is unsatisfactory.

3.10 "Ordinary rate of pay" means the salary payable in accordance with the relevant classification as set out in Schedule 2 of this Agreement.

3.11 "Parental leave" means maternity, paternity or adoption leave.

3.12 "Remuneration" means all payments made by Monash University to staff for work performed, including salary/wages and the cash value of items such as mobile telephone/s, computers, car, superannuation, etc.

3.13 "Representative" means a friend, colleague or Union official but not a practicing barrister or solicitor.

3.14 "Serious misconduct" shall mean:

3.14.1 Misbehavior of a kind which constitutes a serious impediment to the carrying out of an academic or general staff member's duties or to an academic or general staff member's colleagues carrying out their duties; and/or

3.14.2 Serious dereliction of the duties required of the academic office or general staff member's position; and/or

3.14.3 Conviction by a court of an offence which constitutes a serious impediment of the kind referred to in sub-clause 3.14.1 above.

3.15 "Staff member" means academic and general staff however employed by the University.

3.16 "Supervisor" means the person who is responsible for the day-to-day supervision of the staff member.

3.17 "Spouse" means spouse, defacto spouse, former spouse and former defacto. "De facto spouse" means a person of the opposite or same sex who lives with the staff member as husband, wife or partner of the staff member on a bona fide domestic basis although not legally married to that person.

3.18 "Termination of employment" means termination of employment at the initiative of the University.

3.19 "Trades and services staff" means employees of Monash University who are covered by the Higher Education Workers Victoria (Interim) Award 1993 and whose terms and conditions of employment are subject to the former state awards and agreements as preserved pursuant to clause 7 and Schedule D of the Higher Education Workers Victoria (Interim) Award 1993 except for those who were covered by the following:

3.19.1 The former state Professional, Administrative, Clerical, Computing and Technical Staff (Colleges of Advance Education) Award (PACCT Award), the former state registered Nurses Award, or the former state Universities General Staff Award; or

3.19.2 The industrial agreement between Monash University and ACUSA (referred to as the "Monash Agreement").

3.20 "University" means Monash University, body politic and corporate established under the Monash University Act 1958 and comprises all of its campuses in Australia wherever situated.

4. Intention of Agreement

4.1 "The emerging vision for Monash 2020 is of a self-reliant, broad based, global University and learning organisation, conducting innovative teaching and research of international quality and relevance, and engaged actively with the diverse regions, communities, industries and professions which it serves." ('Leading the Way - Monash 2020')

4.2 The defining themes of Monash are 'Innovation', 'Engagement' and 'Internationalisation'.

4.3 In pursuit of this vision, the University intends to take control of its resources and its future, as unconstrained as possible by the limits of public funding and policy.

4.4 Strategic Directions for the University include educating scholars and professionals and advancing and applying knowledge. A further strategic direction involves the Monash environment. In this respect, Monash is determined to adopt staffing policies and management approaches which create a working environment attractive to high achievers and which establish Monash as a preferred employer.

4.5 The parties agree that it is an objective of the University to provide all staff with an opportunity to work

4.5.1 In an environment which values the activities and contributions of each staff member;

4.5.2 In an internationally well regarded, high quality institution that provides a satisfying and exciting working environment that truly embraces change;

4.5.3 For a fair reward, on the basis of engagement, that is tailored to the individual and encourages high performance;

4.5.4 Where there are flexible employment arrangements which provide opportunities for high quality research, scholarship, teaching and professional engagement;

4.5.5 Where there is commitment to staff development;

4.5.6 Where there is a commitment to recognise and protect their moral and intellectual property rights; and

4.5.7 Where there is a commitment to equity and the principles of gender equity and equal employment opportunity are given practical effect throughout the University.

4.6 In accordance with relevant anti-discrimination legislation, the University will not discriminate on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, trade union membership & activity, national extraction or social origin and will work to help prevent and eliminate any such discrimination.

4.7 The parties will cooperate in the further development of Indigenous employment strategies in conjunction with Indigenous communities.

4.8 The objectives of the Indigenous Australian Employment Strategy shall be to:

4.8.1 maximise staff development along with the transfer of job skills and information in order to increase Indigenous knowledge, independence, remuneration, job security and self sufficiency; and

4.8.2 encourage and foster Indigenous Australian employment and participation at all levels of work activity; and

4.8.3 facilitate and encourage the direct involvement of Indigenous Australian staff in determining their own career strategies, goals and objectives.

4.9 The intention of this Agreement is to provide for productivity and efficiency based pay increases to academic and general staff and to ensure that terms and conditions of employment are equitable and facilitative of the University's strategic focus.

5. Operation of Agreement

This Agreement shall come into force on the date of certification in the Australian Industrial Relations Commission and shall have a nominal expiry date of 30 June 2003.

6. Application and Parties Bound

This Agreement shall be binding upon Monash University, the National Tertiary Education Industry Union and their officers and members and upon academic and general staff of the University (excluding trades and services staff) whether members of the Union or not. The Agreement will be certified under Section 170LJ of the Workplace Relations Act 1996.

7. Availability of Agreement

Copies of this Agreement shall be displayed in a well-publicised and easily accessible place on each campus of Monash University including the University's Student and Staff Services Homepage on the World Wide Web, and will be available for inspection upon request by any staff member.

8. No Extra Claims

The parties agree not to pursue any extra claims relating to any matters covered by this Agreement during the period of operation of this Agreement, unless this Agreement specifically contemplates such extra claim.

9. Preservation Clause

9.1 Engineering Service Officers
The current arrangements for Engineering Service Officers (ESOs) engaged in continuous shift work in the boiler house located on the Clayton Campus as specified in the Monash University Boiler House 12 Shift Roster for Engineering Services Officers in Schedule 8 of this Agreement will be preserved and are to prevail where inconsistent with any provisions in this Agreement.

9.2 Patents- Victoria College of Pharmacy staff only
Income arising from patents payable to any staff member at the Victoria College of Pharmacy shall be governed by the procedures in force from time to time at the University, except that income payable to any staff member as a result of patents applied for or taken out by the Victoria College of Pharmacy prior to 14 November 1992 shall be governed by the procedures in force prior to that date.

9.3 Carparking

9.3.1 Arrangements in existence prior to 14 November 1992 for general staff at the Victoria College of Pharmacy regarding the provision of parking and the allocation of designated spaces for staff members shall remained unchanged provided that the University continues to own the land on which the car parking spaces are located.

9.3.2 For general staff at the Gippsland campus, car parking arrangements prior to 1 July 1990 shall continue to be provided free of charge except by arrangement with the Union, or on two years notice.

9.4 Flexible Hours

9.4.1 A general staff member at the Victoria College of Pharmacy prior to 14 November 1992 who works under a flexible working hours arrangement or has an entitlement to rostered days off or the like shall be entitled to retain these arrangements.

9.4.2 Any general staff at the Gippsland campus prior to 1 July 1990 who works under any flexible working hours arrangement or rostered days off under a nine-day fortnight working arrangement, or the like, shall be entitled to retain these arrangements. Whilst it is recognised that the nine-day fortnight arrangement is granted at management discretion on a case by case basis as vacancies arise, the University undertakes to ensure that positions will not arbitrarily or without due cause be converted from nine to ten-day fortnights nor shall new positions be established as ten-day fortnight positions arbitrarily or without due cause. Each situation will be defined prior to an offer of appointment being made. The University notes that the nine-day fortnight arrangement where approved was originally implemented in conjunction with staff compliance with a thirty-six and three quarters of an hour working week at no additional direct cost.

9.5 Hours of Work
The policy on hours of work in place at the Victoria College of Pharmacy for general staff employed prior to 14 November 1992 shall continue to apply.

10. Re-opening of Negotiations

The parties undertake to re-open negotiations not less than six months prior to the expiry of the period of this Agreement with a view to negotiating and settling any replacement Agreement. The parties undertake not to seek to re-open matters covered by this Agreement during its life except in accordance with this clause.

11. Dispute Settling Procedures

11.1 Where any dispute arises as to the application of this Agreement:

11.1.1 In the first instance, an accredited representative(s) of the Union and the appropriate representative(s) of management shall discuss the dispute and attempt to reach agreement within two weeks of the dispute first being raised.

11.1.2 Where a dispute is not resolved under sub-clause 11.1.1 above, at the request of either party, a Disputes Committee shall be convened within one working week unless agreed otherwise. The Disputes Committee shall consist of:

two management nominees; and
two Union nominees

11.1.3 The Disputes Committee shall convene within one week of the matter being referred to it and shall attempt to resolve the matter within one working week of its first meeting. Any resolution shall be in the form of a written Agreement subject, if necessary, to ratification by either party.

11.2 Industrial Action

11.2.1 Until the procedures described in sub-clause 11.1 above have been exhausted:

work shall continue in the normal manner;
no industrial action shall be taken by management or the Union;
management shall not change work, staffing or the organisation of work if such is the subject of the dispute, nor take any other action likely to exacerbate the dispute; and
the subject matter of the dispute shall not be taken to the Australian Industrial Relations Commission by the Union or management.

11.3 Should the dispute not be resolved by the processes referred to in sub-clause 11.1 above the matter may be referred to the Australian Industrial Relations Commission for conciliation or arbitration by either party in which case the parties shall be bound by any recommendation or decision of the Commission.

11.4 It is acknowledged that if the dispute relates to an alleged ambiguity or uncertainty in this Agreement any party may at any time apply for variation of the Agreement to eliminate the alleged uncertainty or ambiguity or the Australian Industrial Relations Commission may act of its own motion to take steps to vary the Agreement.