AWA Lunch Box Session1 AUSTRALIAN WORKPLACE AGREEMENT - PROCESS LUNCH BOX SESSION ON AUSTRALIAN WORKPLACE AGREEMENT - PROCESS

AWA Lunch Box Session 1

LUNCH BOX SESSION ON

AAUSTRALIAN USTRALIAN WWORKPLACE ORKPLACE AAGREEMENT - PROCESSGREEMENT - PROCESS


The Session will cover:The Session will cover: Background Terms of AWA and EA Special AWA Benefits Making the decision Duration of the AWA Approval process Questions


What is an AWA?What is an AWA?


•An AWA is an Australian Workplace Agreement; an individual written agreement between Australian Catholic University (as the employer) and a staff member.

•An AWA will set out the terms and conditions of employment which the staff member and ACU have agreed on.

•An AWA is offered as an alternative form of regulation to the collective Enterprise Agreement or the Awards.

•It is NOT a new Contract of Employment.

• An AWA does not override State or Territory O H & S or Workers’ Compensation Laws.


Why have I been offered an Why have I been offered an AWA?AWA?


The Higher Education Workplace Reform Higher Education Workplace Reform

Requirements (HEWRRs)Requirements (HEWRRs) for all Universities were

introduced on 29 April 2005 by the Commonwealth

Government. The HEWRRs require that the University

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.


• This means that the University must offer an AWA to all staff.

• An existing staff member is free to accept or decline an AWA.

• Most staff members have now received an offer of an AWA.

• From 1 December ‘05 all new staff have been offered an AWA prior to commencing at ACU.

• For some new staff, employment may be conditional upon signing an AWA.


How is an AWA different to How is an AWA different to the EA?the EA?


AWAAWA::• Individual focus.• Individual and the University

and/or their bargaining agent/s can negotiate.

• Will apply only to the staff member who signs it.

• Lodged with the Workplace Authority

• Can introduce certain flexibilities into the regulation of employment that may be tailored to the work needs of an individual staff member and/or the University.

Enterprise AgreementEnterprise Agreement:• Collective focus.• Group or group representatives

and the University negotiate. • Applies to all staff members in

group (except those with existing AWAs) covered by the agreement.

• Lodged with the Workplace Authority.

• Because of collective focus, can exclude or prevent flexibility desired by a particular staff member or by the employer.


What options do I have under What options do I have under an AWA?an AWA?


• For continuing or fixed-term General and Academic Staff, a number of Special AWA Benefits are currently available for negotiation.

• These will be broadened in range over time.

• However, the needs and capacities of local work areas/workgroups to accommodate these arrangements must be considered in some cases.

• These Special AWA Benefits are not available to casual staff and teachers in Centres. Not all Benefits are available to Senior Staff.


Special AWA Benefits Special AWA Benefits (1)(1)

Salary averaging – a staff member who works for less than 52 weeks a year may average salary to provide for predictable and consistent income over the year.

Inclusion of annual leave loading in regular salary – a staff member may have their annual leave loading paid as a component of fortnightly earnings and so marginally enhance their take-home pay and superannuation contributions across the whole year.

Encashment of long service leave – a staff member may encash the value of all or part of long service leave entitlement, subject to standard taxation requirements.



Purchase of additional recreational leave – a staff member who has a personal need for additional leave, may “purchase” up to ten additional days recreation leave by foregoing an equivalent amount of annual salary.

Extended working hours - GS members – currently a staff member in the frontline service areas of Student Administration, ITCS and Library may elect to work an extra 30 minutes a day (37.5 weekly hours) thus increasing annual workload, income and superannuation contributions by 7.14%.

Deferred salary scheme – a staff member may receive 80% of annual salary for 4 years to take a year of leave funded by the amount of salary foregone.



Choosing a pathway to retirement – a staff member may wish to fix a definite retirement date and to arrange conditions of employment which will provide a transitional arrangement tailored to their personal circumstances.

Please access the • Interim Pre-Retirement Contract, • Fixed-Term Retirement Transition Contract and • Post-Retirement Contract Policies

for further details.


Each Special Benefit has a supporting Policy available on the PREOD website at:

http://my.acu.edu.au/14299http://my.acu.edu.au/14299

If considering Special AWA Benefits:If considering Special AWA Benefits:

1. Read the relevant Policy/s

2. Where necessary, discuss the implications of the benefit/s for you and for your work unit with your supervisor.


How and when do I How and when do I decide if I want an decide if I want an

AWA ?AWA ?


You can decide on your own

OR

Seek your own advice from a trusted advisor

OR

Appoint a Bargaining Agent to advise/assist you.

ACU cannot assist you to make the decisionACU cannot assist you to make the decision


• A Bargaining Agent may assist you in relation to the making, variation or termination of an AWA.

• A bargaining agent is a person you choose; they can be a friend, relative, solicitor, union representative or any other person whose advice you trust.

• Their appointment must be made in writing, with a copy of this appointment provided to ACU.


• ACU has adopted the practice of offering AWAs in a generic template form.

• Each offer is made for a fixed period (21 days)

• An information kit, which includes the template of the AWA offered and an Information Statement for Employees (Australian Workplace Agreements) issued by the Workplace Authority, accompanies the offer.

• This information statement from the Workplace Authority provides details to you on the process of making, varying and terminating an agreement.

• If you wish to accept the offer, you must do so within the period specified for acceptance.


•After acceptance PREOD will prepare a personalised AWA for signature, first by the staff member, then by the University.

•A staff memberstaff member must consider this personalised offer for a minimumminimum of 7 days before signing.

•If you wish, you may waive this 7 day period by completing the Waiver for included with the personalised AWA.

•When the AWA is signed by the appropriate University officer it is then lodged with the Workplace Authority.

•After the AWA is lodged the staff members supervised will be notified by email and a cope of the AWA sent to the staff member.


What if I don’t want an AWA What if I don’t want an AWA now but change my mind now but change my mind

later?later?


You are free to accept or decline an AWA offer.You are free to accept or decline an AWA offer.

• If you decline the offer, the conditions in the EA will continue to apply to your employment until the EA is terminated in accordance with the Act;

– except, if your employment is conditional upon acceptance of an AWA, then the EA will not apply.

• You may approach ACU at any time if you decline an AWA but later change your mind, or if your circumstances change.

• The University may agree to, or may decline, a proposal for an AWA put to it by an existing or a prospective staff member or his/her bargaining agent.


What happens when the What happens when the AWA expires or is AWA expires or is

terminated?terminated?


•An AWA comes into operation on the day the Agreement is lodged with the Workplace Authority (unless it has to be modified to meet the Fairness Test).

•An AWA must have a nominal expiry date, which cannot be more than five years after the date the AWA was lodged.

(Existing ACU AWAs, offered between the 30th November 2005 and the 1st April 2006 all have a nominal expiry date of 29th February 2008.)

•However, an AWA does not cease to operate until it is replaced by another AWA or terminated in accordance with the Act.


• An AWA will cease to operate if you separate from employment with ACU.

• After an AWA passes its nominal expiry date it is possible for either ACU or the staff member to end the AWA or for them to agree to its termination.

• Casual staff – the same AWA will apply on each casual/sessional engagement until the AWA ceases to operate. Five years from the date of lodgement.

– Offers of employment during the operation of this AWA will depend on the availability of work.


An AWA may be varied or terminated once it is An AWA may be varied or terminated once it is operational.operational.

• A staff member and ACU can change the terms of the AWA by making a variation agreement. The procedure for making a variation agreement is the same as for making an AWA.

• If a staff member and ACU both wish to end the AWA, a termination agreement can be entered into. The procedure for making a termination agreement is the same as for making an AWA.


• If your AWA is terminated and you and the University do not enter into a new AWA, your conditions of employment will be those contained in appropriate University policies and determinations. These are not inconsistent with either the EA or the AWA templates.

• The formal regulation of you employment will be through the Australian Fair Pay and Conditions Standards (AFPCS) and any protected Award conditions.

• Details of the AFPCS and protected Award conditions are set out in the Information Statement for Employees issued by the Workplace Authority.


The new Fairness Test

• On 28 May the Government introduced the Workplace Relations Amendment (A Stronger Safety Net) Bill 2007.

• Following amendment, the Bill was passed by Parliament on 20 June 2007.

The key amendments were to establish:• The Fairness Test (which applies retrospectively), and• The Workplace Authority (formerly the Office of the Employment

Advocate) and the Workplace Ombudsman


The Fairness Test• The Fairness Test is intended to provide “fair” compensation (which can be

monetary or non-monetary) in lieu of the modification or exclusion of any one or more protected award conditions that apply to an employee.

The Protected Award Conditions are listed in the Act, and include: – Penalty rates;

– public holidays; – loadings for annual leave, shift and overtime; – monetary allowances;

– incentive based payments and bonuses; – outworker conditions; and, – rest breaks.

• The relevant awards at ACU are: The Australian Catholic University National General Staff Award, 2003, and The Higher Education Academic Staff Core Conditions of Employment Award, 2005.


The Fairness TestThe Fairness Test will be applied by the Workplace Authority to all AWAs:

– For employees earning less than $75,000 per annum (full time or full time equivalent base salaries – pro rata) which were;

– Lodged on or after 7 May 2007; and,

– Which cover employees who work in occupations or industries which are regulated by awards, and

– Which exclude or modify one or more protected award conditions


The Fairness Test

Several of the AWA templates developed by ACU do modify protected award conditions (eg. the rolling up of annual leave loading into salary).

Where a staff member and ACU agree on the terms of an AWA which does modify one or more protected award conditions, the AWA will be assessed by the Workplace Authority as part of the approval process.


What is the approval What is the approval

process for an process for an

AWA?AWA?


• The staff member either considers the personalised AWA for a minimum of 7 days or waives this period in writing, before signing. Signature must be witnessed;

• ACU executes the accepted AWA, so making it an approved agreement, and lodges it with the Workplace Authority,

together with a declaration that the correct procedures for making a AWA have been followed. Lodgement with the Workplace Authority must be within 14 days of ACU executing the AWA;

• The Workplace Authority will assess the AWA under the Fairness Test if there is any modification of a protected award condition;

• If the AWA fails the Fairness Test, the Workplace Authority will advise how it can pass the test and the University has a further 14 days to vary the AWA and re-lodge it;

• When the AWA passes the Fairness Test the Workplace Authority issues a receipt for lodgement to the University

and the staff member.


• The AWA comes into operation on the day the approved Agreement is lodged with the Workplace Authority;

• The Workplace Authority also considers whether the AWA contains Prohibited Content and may alter or vary the AWA, if any is found.

• The University must provide of copy of the lodged AWA to the Staff member as soon as practicable after the AWA is lodged.


Prohibited ContentProhibited Content

• Prohibited content is content that cannot be included in AWAs. A term of an agreement that contains prohibited content is void and cannot be enforced.

• Details of the matters which are Prohibited Content in an AWA are set out in the Information Statement for Employees issued by the OEA and included in the information kit.

• The Information Statement for Employees is also available at The Workplace Authority website:

http://www.workplaceauthority.gov.au/http://www.workplaceauthority.gov.au/


Further information on Further information on AWAsAWAs


The Workplace Authority is the agency responsible for the lodgment of AWAs.

You may wish to refer to the Workplace Authority (formerly the OEA) website for further information:

http://www.workplaceauthority.gov.au/http://www.workplaceauthority.gov.au/

Further information on AWAs including the AWA policy and AWA Templates are available from the

PREOD web site at: http://my.acu.edu.au/14295http://my.acu.edu.au/14295


Thank you for your attendanceThank you for your attendance

Should you or any of the staff members who report to you require further assistance regarding Australian

Workplace Agreements, enquires should be directed to the Personnel Relations and Equal Opportunity

Directorate through the special email address that has been established for this purpose:

[email protected]@acu.edu.au


Nominated SupervisorsNominated Supervisors


Role of Supervisor Role of Supervisor (1)(1)

If a staff member wishes to access Special Benefits If a staff member wishes to access Special Benefits through an AWA:through an AWA:

• Discuss the benefit requirements with the staff member;

• Assess impact on work unit to determine if requirements can be accommodated;

• Make a recommendation to the Executive Team Member.


Role of Supervisor Role of Supervisor (2)(2)

Ongoing:Ongoing:

• Monitor terms and conditions of staff where these differ from staff working under the EA

PREOD can provide advice and assistance PREOD can provide advice and assistance where requiredwhere required

Documents

AWA Lunch Box Session1 AUSTRALIAN WORKPLACE AGREEMENT - PROCESS LUNCH BOX SESSION ON AUSTRALIAN WORKPLACE AGREEMENT - PROCESS