The Varied Australian National University Enterprise Agreement 2005 – 2008

Part Seven – Staff Relations

50. Review of Decisions

50.1 A staff member may seek a review of decisions made in relation to their employment at the University.

50.2 This clause is limited to decisions concerning the following employment matters under this Agreement:

50.2.1 Termination of employment for reasons of underperformance, serious misconduct or redundancy;

50.2.2 Demotion;

50.2.3 Disciplinary action for other than termination of employment or demotion;

50.2.4 Withholding of increments for reasons of underperformance;

50.2.5 Annulment of a probationary employment;

50.2.6 Refusal to convert employment from casual to either fixed term or standard employment;

50.2.7 Refusal to grant an extension of the redeployment or notice period for a general staff member due to personal/sick leave; and

50.2.8 Other circumstances as may be determined from time to time by the University.

50.3 This clause does not apply to “Ceasing Employment as a Result of Ill Health” 

50.4 Principles for Review of Decisions

50.4.1  Definitions for this clause
‘Vice-Chancellor’ also means his or her nominee; ‘Executive’ means the Vice-Chancellor, Deputy Vice-Chancellor, Pro-Vice Chancellor or other executive manager as determined by the Vice-Chancellor; ‘Decision Maker’ means the person who made the decision which gave cause to the staff member lodging their application; ‘Representative’ means a person nominated by the staff member to represent them, but does not mean a practising barrister or solicitor; ‘Parties’ mean the University and the staff member; and ‘Days’ means working days.

50.4.2 The Review Committee will apply the principles of natural justice. The terms of reference will take into account whether or not the staff member was given a fair go all round.

50.4.3 Terms of Reference and Principles of Review
The terms of reference for a review will, in all cases, be the consideration of whether:

(a) the University followed the procedures which were applicable to the original decision;

(b) there is sufficient evidence to support the original finding and/or decision;

and, where relevant;

(c) whether any proposed disciplinary action was in proportion to the findings of the original decision making process;

(d) whether discrimination or victimisation influenced the original decision making process, and

(e) in the case of redundancies, whether the University used fair and objective criteria to determine which position(s) was/were declared excess to requirements.

50.5 Commencing a Matter

50.5.1 A staff member must, within 5 days of the date of notification of a decision in relation to clause 50.2, request a review of decision in writing to a member of the Executive outlining their reasons by reference to the terms of reference in 50.4.

50.5.2 When the member of the Executive receives an application to review cases other than termination of employment or demotion, he or she must make a determination within 10 days.

50.5.3 If the matter is complex, the member of the Executive has a conflict of interest, or it relates a termination of employment or demotion, it will be referred to a Review Committee within 5 days.

50.6 Review Committee

50.6.1 Within 15 days of the matter being referred to the Chair of the Review Committee, the committee will convene and review the decision, and provide a written report outlining the findings to the member of the Executive.

50.6.2 The Chair may request an extension of time from the member of the Executive or, if the request is declined and once so advised, the Review Committee will have five (5) days to hand the written report to the member of the Executive.

50.6.3 The member of the Executive will then consider the report, assess the application and make a determination, advise the staff member of their determination and provide them with a copy of the report.

50.7 Review Committee Composition

50.7.1 The Review Committee will comprise three (3) members, including a nominee from the University, a nominee from the USCC-SC Chair, and a Chairperson agreed by the nominators.

50.7.2 When establishing a review Committee, if the USCC-SC Chair fails to make a nomination within five (5) days, the University will nominate a staff member.

50.7.3 Staff Review Committee nominees will be allowed necessary time from their normal duties to ensure the review process is conducted within the time lines.

50.8 Powers and Notification

50.8.1 The member of the Executive has five (5) days to notify the staff member, their supervisor and the original decision maker of their findings, within the Terms of Reference, and the actions to be taken. The member of the Executive may determine that:

(a) the original decision was appropriate and that it stands. If the decision relates to a termination of employment, the staff member will be provided with payment for the unexpired part of any notice period between the initial notification of termination of employment and the outcome of the review; or

(b) the original decision making process was procedurally   incorrect, or there was insufficient evidence, or discrimination or victimisation influenced the decision. The matter will be reconsidered in accordance with the appropriate decision making process, consistent with the findings of the review; or

(c) the proposed disciplinary action is not appropriate under the circumstances and advise what alternate disciplinary action/s, if any, will apply; or

(d) the original decision is inappropriate and make another finding. Where the staff member would have received benefits had it not been for the original decision, the University will make any necessary arrangements to ensure that the staff member receives any remuneration or other benefits to which they are entitled.

50.9 Review Process

50.9.1 Where it considers that discrimination or victimisation may have influenced the original decision, the Review Committee may seek and take into account any further material it believes appropriate.

50.9.2 During the review process the staff member and/or the member of the Executive:

(a) may appoint and be represented by a representative of their choice;

(b) will have an opportunity to review the other party’s evidence and written submissions prior to submissions being made;

(c) will have a right to see all documentation provided to the Committee. If information has been given in confidence, that confidence will be respected;

(d) may wish to obtain further information in relation to, or arising from, documents provided to the Committee. In these circumstances, the Chair will be approached and he or she will endeavour to obtain the information requested;

(e) will have an opportunity to present evidence and make written and/or oral submissions; and

(f) hear all such oral submissions; respond to any such further material or submissions; and ask questions of any person who was interviewed by the Committee.

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