Varied ANU Enterprise Agreement 2005-2008

Explanatory Notes

Higher Education Workplace Relations Requirments (HEWRRs)

(Advice from the Department of Education, Science and Training)

To be eligible for the increase in assistance funding under s.33-15(1)(b) of the Higher Education Support Act 2003 under the Commonwealth Grant Scheme (CGS) (5% in 2006 and 7.5% in later years) Higher Education Providers workplace arrangements, including collective and individual workplace agreements and workplace policies and practices, are to comply with the Higher Education Workplace Relations Requirements (HEWRRs) detailed below.

Universities must meet the following requirements to the satisfaction of the Minister for Education, Science and Training.

To qualify for the increase in CGS funding, Universities have in place certified agreement(s) and workplace policies and practices that comply with the HEWRRs by 31 August of the previous year.

1. Choice in Agreement Making
Universities must provide employees with genuine choice and flexibility in agreement making by offering AWAs to all new employees employed after 29 April 2005 and to all other employees by 31 August 2006. Until 30 June 2006, Universities are exempt from offering AWAs to casual employees engaged for a period of less than one month.

Certified agreements made (or varied) and certified after 29 April 2005 are to include a clause that expressly allows for AWAs to operate to the exclusion of the certified agreement or prevail over the certified agreement to the extent of any inconsistency.

2. Direct relationships with employees
Workplace agreements, policies and practices must provide for direct consultation between employees and Universities on workplace relations and human resources matters. The involvement of third parties representing employees must only occur at the request of an affected employee.

Workplace relations consultative committees and associated committee processes must include direct employee involvement. Employee involvement in negotiations and discussions on workplace relations and human resources issues must not be restricted to third party representation only.

3. Workplace Flexibility
Workplace agreements, policies and practices are to facilitate and promote fair and flexible arrangements. Universities must have working arrangements and conditions of employment which are tailored to the circumstances of the University and which benefit both the University and its employees.

Workplace agreements should expressly displace previous workplace agreements and relevant awards.

Workplace agreements, policies and practices are not to inhibit the capacity of the University and its employees to respond to changing circumstances. Workplace agreements, policies and practices must not limit or restrict Universities ability to make decisions and implement change in respect of course offering and associated staffing requirements, including not placing limitations on the forms and mix of employment arrangements.

Workplace agreements must be simple, flexible and principle-based documents which avoid excessive detail and prescription.

4. Productivity and Performance
Workplace agreements, policies and practices must support organisational productivity and performance and must include a fair and transparent performance management scheme which rewards high performing individual staff. Consistent with this, workplace agreements, policies and practices must also include efficient processes for managing poor performing staff.

5. Freedom of Association
Workplace agreements, policies and practices must be consistent with freedom of association principles contained in the Workplace Relations Act 1996 and must neither encourage nor discourage union membership.

Universities must not use CGS funds to pay union staff salaries, or fund union facilities and activities.

Specific changes to meet these requirements are outlined below.

Summary Table: Between Current and New Enterprise Agreement with University Policy to comply with the HEWRRs:

Current Clause	New Clause/Schedule	HEWRR Response	Policy	Comments
1 – Title	1	Include the word “Varied” to identify current Enterprise Agreement (EA) from new one		Maintains status quo
2 – Arrangement	2	Changed as per new EA structure		Maintains status quo
3 – Objectives of the Agreement	3.1, 3.3 (a) to (g)	Workplace Flexibility		New goal and principle based provisions
4 – Operation of the Agreement	4	End date of EA included, 4.2 deleted		Maintains status quo
5 – Application	5	5.1 amended to mention staff, orig. 5.2 new clause re effect of AWAs on EA 5.3 moved to new Sch.1, 5.4 new re policies and procedures	Yes	AWAs will override terms of the EA, references the effect of policies and procedures
6 – Closed and Comprehensive	6	Principle Based		List of awards affecting employment conditions removed
7 – Anti – Discrimination	7	Principle Based		Maintains status quo
8 – General Staff Appointments	Schedule 1 - Part two Employment	Create Workplace Flexibility	Yes	Increases the types of employment which the University offers
	8 Indigenous Employment	Principle Based	Yes	Supports increase in Indgenous employment
9 – Standard Appointment	Schedule 1 - Part two Employment	Create Workplace Flexibility	Yes	Maintains status quo
	9 Freedom of Association	Freedom of Association	Yes	Supports choice of union membership staff representation and training for staff reps. University not to fund unions from CGS.
10 Fixed Term Appointments	Schedule 1 - Part two Employment	Create Workplace Flexibility	Yes	Increases the types of employment which the University offers
	10 USCC-SC	Staff Committees	Yes	Reflects University consultative committees with direct staff involvement
11 Part time Employment	Schedule 1	Create Workplace Flexibility	Yes	Maintains status quo
	11 Employment General Principle	Create Workplace Flexibility	Yes	Describes the manner the University may employ staff
12 Casual Employment	17.4 and Schedule 2.3	Create Workplace Flexibility	Yes	Provides greater scope for employment options
	12 Genuine Choice	Create Workplace Flexibility	Yes	University may offer AWAs which offer different terms and conditions of employment
13 – Classifications	14 Classifications and Technical Staff Pool	Productivity and Performance and Workplace Flexibility	Yes	A principle based clause which is condensed and includes application of secondary classification descriptors
	13 Employment Agreements	Create Workplace Flexibility		Explains the nature of Employment Agreements which may be offered to staff
14 – General Staff Recruitment and Engagement	11 Employment General Principle	Create Workplace Flexibility	Yes	Describes the manner the University may employ staff
	14 Classifications and Technical Staff Pool	Productivity and Performance and Workplace Flexibility	Yes	A principle based clause which is condensed and includes application of secondary classification descriptors
15 – Casual/sessional academic staff recruitment	Deleted		Yes
	15 Probation	Create Workplace Flexibility	Yes	Describes probation conditions
16 – Senior Management Contracts	Sch 1.1	Productivity and performance based contracts		Describes the manner the University may employ staff
	16 Delegates and supervisors	Productivity, Performance and Workplace Flexibility	Yes	Definition of functions
17 – Other than Senior management contracts	13 Employment Agreements	Condensed into clause 13 with RACSE		Explains the nature of Employment Agreements which may be offered to staff
	17 Employment Conditions	Productivity, Performance and Workplace Flexibility		Provides for agreement salary movements including contingencies and other payments. Maintains the status quo
18 – Probation	15 Probation	Create Workplace Flexibility	Yes	Explains the nature of Employment Agreements which may be offered to staff
	18 Incremental Salary Progression	Productivity, Performance and Workplace Flexibility	Yes	Provides for Performance based increases
19 – Supervisors	16 Delegates and supervisors	Productivity, Performance and Workplace Flexibility	Yes	Definition of functions
	19 Superannuation	Principle Based Payments	Yes	Maintains the status quo
20 – Salaries	17, Schedule 2	Principle Based		Maintains status quo
	20 Salary Deductions and Salary Sacrifice	Principle Based	Yes	Maintains the status quo
21 – Incremental Salary Progression	18, Schedule 4	Principle Based	Yes	Maintains status quo
	21 Ordinary Hours	Workplace Flexibility and Principle Based	Yes	Maintains the status quo except for Security staff
22 – Superannuation	19 Superannuation	Principle Based Payments	Yes	Maintains the status quo
	22 Flexible Working Arrangements	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
23 – Salary Sacrificing	20 Salary Deductions and Salary Sacrifice	Principle Based	Yes	Maintains the status quo
	23 Overtime and Shifts, Schedule 3	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
24 – Allowances	Schedule 3	Principle Based	Yes	Maintains the status quo
	24 Breaks, Schedule 4	Principle Based	Yes	Maintains the status quo
25 – Payment of Salaries	17	Principle Based	Yes	Maintains the status quo
	25 Workloads	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
26 – Ordinary Hours	21 Ordinary Hours	Workplace Flexibility and Principle Based	Yes	Maintains the status quo except for Security staff
	26 Principles Applying to Leave, Schedule 4	Workplace Flexibility and Principle Based	Yes	Maintains the status quo with the exception of security staff
27 – Overtime	23 Overtime and Shifts, Schedule 3	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
	27 Annual Leave, Schedule 4	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
28 – Shift Work	23 Overtime and Shifts, Schedule 3	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
	28 Personal Leave, Schedule 4	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
29 – Breaks	24 Breaks, Schedule 4	Principle Based		Maintains the status quo
	29, 53 Long Service Leave, Schedule 4	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
30 – Flexible working arrangements	22 Flexible Working Arrangements	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
	30 Parental Leave, Schedule 4	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
31 – Workloads	25 Workloads	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
	31 Study Leave and staff Representative Training, Schedule 4	Principle Based	Yes	Maintains the status quo
32 – Periods between Fixed term appointments	13 Employment Agreements	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
	32 Other Types of Leave, Schedule 4	Principle Based	Yes	Maintains the status quo
33 – Periods of leave	30 Parental Leave, Schedule 4	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
	33 Public Holidays and University Closure	Principle Based	Yes	Maintains the status quo
34 – Provisions applying to all leave	26 Principles Applying to Leave, Schedule 4	Workplace Flexibility and Principle Based	Yes	Maintains the status quo with the exception of security staff
	34 Career and Performance Development	Productivity and Performance Based	Yes	A fair and transparent performance management scheme
35 – Annual Leave	27 Annual Leave, Schedule 4	Workplace Flexibility and Principle Based	Yes	Maintains the status quo
	35 Outside Studies Program	Principle Based	Yes	Maintains the status quo
36 – Personal Leave	28 Personal Leave, Schedule 4	Principle Based	Yes	Maintains the status quo
	36 Multi Skilling	Workplace Flexibility and Principle Based		Maintains the status quo
37 – Parental Leave	30 Parental Leave, Schedule 4	Principle Based	Yes	Maintains the status quo
Schedule 6 – Occupational Health and Safety agreement	37 Occupational Health and Safety Cooperation	Principle Based	Yes	Maintains the status quo
38 – Taking other forms of leave in relation to the birth, adoption or guardianship of a child	30 Parental Leave, Schedule 4	Principle Based	Yes	Maintains the status quo
	38 Uniforms and Protective Clothing	Principle Based		Maintains the status quo
39 – Long Service Leave	29 and 53 Long Service Leave	Principle Based	Yes	Maintains the status quo
	39 Amenities	Principle Based		Maintains the status quo
40 – War service sick leave	32 Other Types of Leave, Schedule 4	Principle Based	Yes	Maintains the status quo
	40 First Aid, Schedule 4	Principle Based		Maintains the status quo
41 – Leave for Defence service training	32 Other Types of Leave, Schedule 4	Principle Based	Yes	Maintains the status quo
	41 Job Security	Workplace Flexibility and Principle Based		Recognition of USCC-SC
42 – Jury and Witness service	32 Other Types of Leave, Schedule 4	Principle Based	Yes	Maintains the status quo
	42 Managing Change	Workplace Flexibility and Principle Based		Recognition of USCC-SC, staff choice to be represented
43 – Public Holidays and University Closure	33 Public Holidays and University Closure	Principle Based		Maintains the status quo
	43 Redundancies	Workplace Flexibility and Principle Based		Maintains the status quo – but clarifies the role of the Director Human resources in approving extension of redeployment period
44 – Leave without pay	32 Other Types of Leave, Schedule 4	Principle Based	Yes	Maintains the status quo
	44 Managing Underperformance and Misconduct Principles	Productivity Performance and Principle Based	Yes	Staff choice to be represented, Maintains the status quo
45 – Special Conditions for NARU, Warramunga Seismic Array and Siding Spring Observatory	17	Principle Based	Yes	Maintains the status quo
	45 Underperformance and Misconduct Defined	Productivity Performance and Principle Based	Yes	Maintains the status quo
46 – Indigenous employment	8	Principle Based	Yes	Maintains the status quo
	46 Managing Underperformance	Productivity Performance and Principle Based	Yes	Maintains the status quo
47 – Compensation for loss or damage to personal property	Deleted	Elimination of Prescription and Detail	Yes	Maintains the status quo
	47 Managing Misconduct and Serious Misconduct	Productivity Performance and Principle Based	Yes	Maintains the status quo
48 – Career and performance development	34 Career and Performance Development	Productivity and Performance Based	Yes	A fair and transparent performance management scheme
	48 Grievance Resolution	Principle Based	Yes	Maintains the status quo
49 – Study courses for general staff	31 Study Leave and staff Representative Training, Schedule 4	Principle Based	Yes	Maintains the status quo
	49 Dispute Avoidance and Settlement	Principle Based	Yes	Maintains the status quo
50 – Outside studies program – recognition of prior service	35 Outside Studies Program	Principle Based	Yes	Maintains the status quo
	50 Review of Decisions	Facilitates and supports fair and flexible Workplace arrangements	Yes	Extends the scope include the University Executive otherwise Maintains the status quo
51 – Multi-skilling and staff transfer	36 Multi Skilling	Workplace Flexibility and Principle Based		Maintains the status quo
	51 Ceasing Employment	Principle Based	Yes	Maintains the status quo
52 – Graduate Recruitment and Development program	Schedule 1	Workplace Flexibility	Yes	Maintains the status quo
	52 Principles related to Notice Periods	Principle Based	Yes	Maintains the status quo
53 – Student Internships	Schedule 1	Workplace Flexibility	Yes	Maintains the status quo
	53 Long Service Leave Payments on	Workplace Flexibility	Yes	Maintains the status quo
54 – Apprentices and Trainees	Schedule 1	Workplace Flexibility	Yes	Maintains the status quo
	54 Expiry of Fixed Term Employment	Workplace Flexibility	Yes	Provides scope to consider extending the employment relationship at the end of a fixed term appointment
55 – Occupational health and safety cooperation	37 Occupational Health and Safety Cooperation	Principle Based	Yes	Maintains the status quo
	55 Severance Payments	Workplace Flexibility	Yes	Retains current severance arrangements up to the date of certification of the varied Enterprise Agreement. The varied Enterprise Agreement will provide for severance payments keep that are in line with community standards. It also redefines the rights to obtain severance payments
56 – Uniforms and protective clothing	38 Uniforms and Protective Clothing	Principle Based		Maintains the status quo
	56 Resignation	Principle Based		Maintains the status quo
57 – Amenities	39 Amenities	Principle Based		Maintains the status quo
	57 Ceasing Employment as a Result of Ill Health	Workplace Flexibility	Yes	Extends the scope of the University to require staff member to attend medical examination if their illness may result in immediate harm to staff or others, otherwise maintains the status quo
58 – First Aid	40 First Aid, Schedule 4	Principle Based		Maintains the status quo
	58 Voluntary Retirement Schemes	Principle Based and facilitates Workplace Flexibility	Yes	Provides scope for the University to introduce such schemes
From this point forward the following numbered clauses no longer exist in the new EA. The new EA provisions are set out below.
Current Clause	New Clause	HEWRR Editing changes	Policy	Comments
59 – Job Security	41 Job Security	Workplace Flexibility and Principle Based		Recognition of USCC-SC
60 – Technical Staff Pool	14 Classifications and Technical Staff Pool	Productivity and Performance and Workplace Flexibility	Yes	A principle based clause which is condensed and includes application of secondary classification descriptors
61 – Managing Change	42 Managing Change	Workplace Flexibility and Principle Based		Recognition of USCC-SC, staff choice to be represented
62 – General Staff Redundancy	43 Redundancies	Workplace Flexibility and Principle Based		Maintains the status quo
63 – Academic redundancy	43 Redundancies	Workplace Flexibility and Principle Based		Maintains the status quo
64 – Application for Underperformance/Misconduct	44 Managing Underperformance and Misconduct Principles	Productivity Performance and Principle Based	Yes	Staff choice to be represented, Maintains the status quo
65 – Definitions	45 Underperformance and Misconduct Defined	Productivity Performance and Principle Based	Yes	Maintains the status quo
66 – Managing underperformance	46 Managing Underperformance	Productivity Performance and Principle Based	Yes	Maintains the status quo
67 – Managing Misconduct and serious misconduct	47 Managing Misconduct and Serious Misconduct	Productivity Performance and Principle Based	Yes	Maintains the status quo
68 – Grievance resolution	48 Grievance Resolution	Principle Based	Yes	Maintains the status quo
69 – Review of Decisions	50 Review of Decisions	Facilitates and supports fair and flexible Workplace arrangements	Yes	Extends the scope include the University Executive otherwise Maintains the status quo
70 – Dispute avoidance and settlement	49 Dispute Avoidance and Settlement	Principle Based	Yes	Maintains the status quo
71 – Staff representation	9 Freedom of Association	Freedom of Association	Yes	Supports choice of union membership staff representation and training for staff reps. University not to fund unions from CGS.
72 – Staff training courses	9, 31 and Schedule 4	Freedom of Association and Study Leave for General Staff and Staff Representatives	Yes	Maintains the status quo.
73 – Circumstances of employment ending	51 Ceasing Employment	Principle Based	Yes	Maintains the status quo
74 – Minimum notice period for termination of employment	52 Principles related to Notice Periods	Principle Based	Yes	Maintains the status quo
	53 Long Service Leave Payments on	Workplace Flexibility	Yes	Maintains the status quo
75 – Expiry of a fixed term appointment	54 Expiry of Fixed Term Employment	Workplace Flexibility	Yes	Extends the scope to consider the employment relationship at the end of a fixed term appointment
76 –Severance pay	55 Severance Payments	Workplace Flexibility	Yes	Retains current severance arrangements up to the date of certification of the varied Enterprise Agreement. The varied Enterprise Agreement will provide for severance payments keep that are in line with community standards. It also redefines the rights to obtain severance payments
77 – Resignation	56 Resignation	Principle Based		Maintains the status quo
78 – Ceasing employment as a result of ill health	57 Ceasing Employment as a Result of Ill Health	Workplace Flexibility	Yes	Extends the scope of the University to require staff member to attend medical examination if their illness may result in immediate harm to staff or others, otherwise maintains the status quo
79 – Voluntary early retirement	58 Voluntary Retirement Schemes	Principle Based and facilitates Workplace Flexibility	Yes	Provides scope for the University to introduce schemes
Schedules
	Schedule 1 – Categories of Employment	Workplace Flexibility	Yes	Maintains current categories but allows for additional fixed –term employment schemes
Schedule 1 – Minimum Standards for Academic Levels		Principles based	Yes	Moved to policy documents
Schedule 2 – General staff position classification standards		Principles based	Yes	Secondary & SAO Descriptors and glossary to be attached with Classifications policy. Primary descriptors unchanged Secondary Descriptors removed Corrects errors in secondary descriptors and change
Schedule 3 – Salaries	Schedule 2 - salaries	Workplace Flexibility	Yes	Maintains the status quo Tables for Graduates, Trainees and Apprentices, Supported salary rates for disability also included
Schedule 4 – Allowances Schedule 5 – 38 hour week for staff members employed in the hospitality stream at University House Schedule 8 – Application of supported wage system for staff with a disability	Schedule 3 - overtime, shift work, loadings and allowances	Principle based – details moved to Schedules	Yes	Maintains the status quo
	Schedule 4 - leave and breaks entitlements	Principle based – details moved to Schedules	Yes	Maintains the status quo
	Schedule 5 – redundancy entitlements	Principle based – details moved to Schedules	Yes	Maintains the status quo

Varied ANU Enterprise Agreement 2005-2008

Explanatory Notes

Higher Education Workplace Relations Requirments (HEWRRs)

(Advice from the Department of Education, Science and Training)

Summary Table: Between Current and New Enterprise Agreement with University Policy to comply with the HEWRRs:

Current Clause