ENTERPRISE AGREEMENT CLAUSE …...ENTERPRISE AGREEMENT – CLAUSE EXPLANATIONS AND COMPARISONS | 1 +- The purpose of this document is to explain the terms of the proposed new enterprise

ENTERPRISE AGREEMENT – CLAUSE EXPLANATIONS AND COMPARISONS | 1

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The purpose of this document is to explain the terms of the proposed new enterprise agreement (Proposed Agreement) to staff who will be covered by it to make an informed

decision before voting in the ballot.

Helpful terms and definitions:

▪ The National Employment Standards (NES) are 10 minimum employment entitlements contained in the Fair Work Act 2009 (FW Act) that have to be provided to all

employees in Australia.

▪ An enterprise agreement is an agreement made at the enterprise level (e.g. University) under the FW Act that contains terms and conditions of employment, including

wages, for a period of up to four years from the date of approval by the Fair Work Commission (FWC).

▪ Awards are documents made by the FWC that set minimum employment standards which apply in addition to the NES. Where an enterprise agreement is in place, the

Awards don’t cover staff. By law, staff covered by an enterprise agreement need to be better off overall than staff covered by entitlements in the Awards.

The table below compares clauses in the Proposed Agreement with:

▪ Existing or equivalent clauses in the Current Agreement, and,

▪ Equivalent clauses in the two higher education Awards.

Although Awards do not cover staff of Monash University, the FWC must be satisfied that staff will be better off overall before approving the new Agreement. The table demonstrates that staff will be significantly better off overall under the Proposed Agreement compared with the Awards and the NES.

If you have any questions about this document or the voting process, please visit our intranet page or contact [email protected].

https://www.intranet.monash/hr/policies-and-agreements/enterprise-agreement-2019/enterprise-agreement-2019-next-steps-and-voting-process

mailto:[email protected]


Glossary of terms used in this document

▪ "Awards" means both the Higher Education Industry – Academic Staff – Award 2010, and the Higher Education Industry – General Staff – Award 2010. Where only one

of these Awards is relevant, they are referenced as the Academic Award or General Award

▪ "NES" means the National Employment Standards

▪ "FW Act" means the Fair Work Act 2009 (Cth)

▪ "Current Agreement" means the Monash University Enterprise Agreement (Academic and Professional Staff) 2014

▪ "Agreement" and "Proposed Agreement" mean the proposed Monash University Enterprise Agreement (Academic and Professional Staff) 2019.

CLAUSE EXPLANATIONS AND COMPARISONS TABLE

Clause Title Clause in Proposed Agreement

Clause in Current Agreement

Summary of Proposed Agreement clause Change vs Current Agreement clause Explanation as against Awards, NES, and FW Act

Title 1 1 Specifies the name of the Agreement Update to Agreement title to reflect the new dates of the Agreement

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Arrangement 2 2 Specifies the contents page for the Agreement Updated to reflect new clauses and clause title changes

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Definitions 3 3 Specifies definitions of terms used throughout the Agreement

– Definitions of misconduct and serious misconduct moved to relevant clauses

– Introduces definitions of Aboriginal and Torres Strait Islander staff members and Indigenous.

– Includes procedure of the University in the definition of University Policy.

– Other minor grammatical changes

The Awards include definitions of terms used throughout the Awards

Operation of Agreement

4 4 Specifies that the Agreement will have a nominal expiry date of 30 June 2022

Updated to reflect new nominal expiry date The FW Act requires an agreement to have a nominal expiry date not more than four years later than its commencement





Application and Parties Bound

5 5 Specifies that the Agreement binds the University, the NTEU, and academic and professional staff, and sets out the staff to which the Agreement does not apply

Additions to the list of senior Chancellery staff excluded. No substantive change.

The Awards provide for coverage in respect of employers throughout the higher education industry, University unions, and their employees covered by the classifications in the Awards

Availability of Agreement

6 6 Specifies that the Agreement will be displayed on the Monash HR homepage

Minor change - removes requirement to display hard copies

No equivalent clause in Awards or NES

Operation of Awards and Agreement

7 7 Specifies that the Agreement is closed and comprehensive and what happens if processes under the Current Agreement were commenced prior to the Proposed Agreement commencing

Minor grammatical changes. No substantive change.


No Extra Claims

8 8 Specifies that no extra claims relating to matters covered by the Agreement will be made during the operation of the Agreement

No change No equivalent clause in Awards or NES

Re-opening of Negotiations

9 9 Specifies that negotiations for a new agreement will commence three months prior to 30 June 2022

Clause dealing with a review of Professional Staff Position Classification Descriptors deleted as obsolete


University Policies

10 10 Specifies that staff are subject to University policies and procedures but they don't form part of the Agreement, and for matters dealing with intellectual freedom






Independent Reviewers

11 11 Specifies the process for selecting independent reviewers

Provisions for composition and procedures of review and appeal committees removed and replaced by new related clauses (54 and 61) providing option for Independent Reviewer or Independent Review Panel chaired by Independent Reviewer. Clause now deals just with the method of selecting the Independent Reviewer but is substantively the same as previously for selecting of the Chair of committees.


Dispute Resolution Procedure

12 12 Specifies the process that will be followed in relation to disputes about the Agreement or the NES

No change The FW Act requires a dispute resolution clause to be included about disputes in relation to the NES or the Agreement

Consultation About Change

13 13 Specifies the process that will be followed in relation to proposed significant or substantial change that will affect staff

– Recognition of staff option to be represented by a representative for the purposes of consultation.

– Constitutes a single consultation term together with clause 82 – Changes to Rosters or Hours of Work.

The FW Act requires a consultation clause to be included in relation to a decision to introduce major workplace change.

Job Security 14 14 Specifies commitments to the goal of maintaining the overall workforce size during the nominal period of operation.


Performance-Based Contracts (PBCs)

15 15 Specifies employment of staff with salaries at Level E/HEW10 or above and that certain provisions of the Agreement will not apply to such staff

Changes to salary threshold numbers and that some of the annual leave clauses dealing with excess annual leave and the cash out of annual leave will apply to such staff






Mode of Employment

16 16 Specifies the various methods that staff may be employed, namely continuing, fixed term, and casual/sessional

Minor consequential changes. No substantive change.

The Awards provide for clauses dealing with the various modes of employment

The proposed agreement includes additional fixed term categories than the Awards

Seasonal Employment

17 New clause Specifies seasonal employment for professional staff, which is employment to work one or more periods or seasons in each year

New clause No equivalent clause in Awards or NES

Annualised Hours Employment

18 New clause Specifies annualised hours employment for professional staff, which is employment for a specific number of ordinary hours within a calendar year


Periodic Academic Employment

19 New clause Specifies periodic employment for academic staff for work needed for discrete teaching periods less than 1.0 FTE and more than 0.3 FTE averaged across the year, and provides an alternative to sessional engagement.






Teaching Fellows

20 17 Specifies a new category of academic staff member – "Teaching Fellow" – with rights to a process for conversion to continuing employment after a three-year fixed term. Provides that the University intends to offer at least 20 teaching fellow positions each year.

Clause substantially redrafted including to provide:

– that there will be no more appointments to Scholarly Teaching Fellow positions under clause 17 of the Current Agreement

– a larger pool of applicants

– for conditions relating to appointments of new Teaching Fellows under the Agreement at Level A or B and a process for conversion after three years

– for a two-year probation upon conversion

– a graduated severance pay scale if conversion is unsuccessful


Continuing (Contingent Funded) Employment

21 18 Specifies circumstances in which fixed term staff appointed to research-only positions may apply to be employed on a continuing (contingent funded) contract, and terms and conditions regarding employment in such positions

Length of continuous service for severance payment under Table A clarified.






Fixed-Term Notice, Renewal and Severance

22 19 Specifies:

– notice regarding intention to renew or not renew a fixed term contract

– exceptions to the notice period in certain circumstances

– eligible specific task or project academic staff may apply for conversion to continuing employment

– process and criteria that may be applied in consideration of applications for conversion to continuing employment

– entitlements to severance pay in various circumstances

– transitional provisions applying to staff who commenced fixed-term employment in the period 22/11/05-29/1/10.

– Clarification that a fixed term staff member who is entitled to severance pay and is subsequently employed in a casual role will be entitled to severance pay

– Addition that a fixed term staff member who gains a continuing appointment of any kind and any pre-retirement staff member is not entitled to severance pay

– New process for eligible fixed-term staff to apply for conversion to continuing employment

– Clarification of the periods of continuous service required for notice under Tables B and E

– Clarification of the length of continuous service required for severance payment under Tables C, D, and F.

The Awards also provide for the required notice of non-renewal and when severance pay is payable (and to be paid in accordance with the NES)

Casual Staff Career Progression

23 20 Specifies that:

– casual staff must not be engaged or have their hours reduced to avoid obligations under the clause or Schedule 4

– the University will advise staff that they may have a right to apply for conversion to non-casual employment and provide a web link on appointment to the conversion provisions of the Agreement

– casual staff may apply for conversion in accordance with Schedule 4

– Minor change to replace the obligation to provide a copy of the Agreement provisions with a requirement to provide a web link

– Removal of requirement to take reasonable steps from time to time to inform casual staff of the conversion provisions






Intercampus Work, Travel and Transfers

24 21 Specifies that staff will be attached to a designated campus or location and the circumstances in which staff may perform duties or be transferred or seconded to other positions

Staff may be attached to locations of the University other than campuses. No substantive change.


Salary Increases

25 22 Specifies that increases to salaries over the life of the Agreement

Dates and figures updated to reflect new increases

The Agreement salaries are substantially higher than salaries in the Awards. For example, a Level C Step 6 academic staff member has a salary 47 per cent higher than the Academic Award, and a HEW 5 Step 1 professional staff member has a salary 41.1 per cent higher than the General Award





Payment of Salaries and Deductions


– the process by which salaries will be paid fortnightly and deductions made

– the process by which underpayments and overpayments will be handled

– the payment of Teaching Associates and the minimum engagement period applying

– payment in advance for specified leave

– payments due on termination of employment to be paid within a minimum specified period of time

Addition of minimum engagement period for Teaching Associates and requirement to pay termination payments within 14 days

– The Awards also provide that payments will be fortnightly

– The FW Act allows the Agreement to set out circumstances where deductions may be made

– The Academic Award also provide equivalent minimum engagement for Teaching Associates

– The Awards also provide for a minimum period within which termination payments must be made

Payment of Increments

27 24 Specifies the process by which salary classification changes and salary increases due to increment, promotions or reclassification will be paid [Note: incremental progression is dealt with in clause 71]

No change Incremental progression under the Awards is subject to the priorities of the institution as assessed against the criteria used for staff development/performance reviews





Annual Leave Loading

28 25 Specifies an entitlement to 17.5 per cent annual leave loading for staff except casual professional and Teaching Associate staff, and how it will be paid


Agreement clause substantially the same as Award clauses

Salary Packaging

29 26 Specifies the process by which fixed term and continuing staff may negotiate individual salary packages in a mix of benefits and cash salary


Superannuation 30 27 Specifies superannuation arrangements, including 17 per cent employer superannuation contributions for all continuing and fixed term staff from the first pay period to commence on or after 1 September 2022

– Extension of 17 per cent superannuation to all fixed term and continuing staff from the first pay period to commence on or after 1 September 2022

– Increase of ability of University to exercise flexibility in coverage and contribution under the Deed of Covenant from five per cent to 10 per cent


The Awards provide for 9.5 per cent employer superannuation contributions

On-Call and Call-Back for Professional IT Staff

31 28 Specifies the situation in which continuing or fixed term HEW 1-9 IT staff may be rostered on call and associated entitlements

– Clarification that the clause applies to professional staff only

– Clarification that staff may be rostered on call any hours on a University holiday

– Other minor grammatical and consequential changes






Conditions for Monash University 12 Hour Shift Roster for Engineering Services Officers (ESOs)

32 29 Specifies that the current arrangements for ESOs engaged in continuous shift work will apply and details of the arrangements are set out in relevant policy as at 22 November 2005

Deletion of requirement that the continuous shift work be performed in the boiler house located at Clayton Campus


Voluntary Reduced Working Year

33 30 Specifies how staff can apply to work a voluntary reduced working year to extend leave options for personal and/or family responsibility reasons, and the conditions associated with working in this way

– Clarification that applications to take leave are subject to approval, even where at least three months' written notice is given

– Clarification of how leave accrued prior to entry into the scheme is affected and how leave accrues during the scheme


Pre-Retirement 34 31 Specifies how staff may apply to reduce their fractions when they are within three years or less of being eligible to receive retirement benefits under their superannuation scheme, but with employer superannuation contributions maintained.

– May apply where within three years or less of being eligible for retirement benefit, rather than five years.

– Fixed term up to 3 years rather than five years in length

– Deletion of provision that nothing in the clause affects the entitlements of staff whose employment was governed by a similar but superseded scheme entered into prior to 25 May 2001


Exchange of Annual Leave Loading for Extra Leave

35 32 Specifies that staff may forfeit their entitlement to annual leave loading in exchange for receiving 3.5 days' leave in addition to annual leave






Individual Flexibility Arrangements

36 33 Specifies how staff and the University may agree to vary the effect of terms of the Agreement dealing with structuring of pattern of working hours, accelerated annual leave arrangements, additional unpaid parental or carer's leave, and dates for deeming of annual leave

No change This clause satisfies the requirement in the FW Act that the Agreement include a flexibility term

Requests for Flexible Working Arrangements

37 New clause Specifies the process by which applications for flexible working arrangements made under section 65 of the FW Act will be handled

New clause The Awards include the same clause as the Agreement

Definitions and General Conditions


– for definitions of terms used in the leave clauses

– for the evidence requirements applying for leave

– the situations in which leave applies to casuals and Teaching Associates and their service counts for leave and other purposes

– the types of leave that count as service and where service is treated as continuous

Minor grammatical and consequential changes. No substantive change.

The Awards provide for where casuals and Teaching Associates are entitled to leave

Continuity of Leave

39 35 Specifies that leave commenced prior to commencement of the Agreement will continue on terms that applied at the commencement of their leave






Annual Leave 40 36 Specifies entitlement to annual leave, conditions regarding taking the leave, how excess annual leave (EAL) will be managed, and the cash out of annual leave.

– Clarification that applications to eliminate EAL must eliminate the EAL by no later than the following 30 June to avoid the rostering and deeming of annual leave


The NES and the Awards provide for an entitlement to annual leave

The Awards provide different and less beneficial processes for directing staff to take excess leave

Sick and Carer's Leave

41 37 Specifies entitlement to sick and carer's leave and conditions regarding taking the leave


The Agreement provides for more beneficial entitlements to sick and carer's leave (30 days on appointment and 15 days per year), compared to 10 days under the Awards and NES

Long Service Leave

42 38 Specifies entitlement to long service leave and conditions regarding taking the leave

– Recognition of prior service with CSIRO, University companies, Australian inter-university bodies, and the TAFE Board for both academic and professional staff

– Removal of capacity to take leave at double pay and to reduce leave credits by twice the amount of leave taken


Provides for more beneficial long service leave entitlements than under the NES (13 weeks leave after 10 years' service compared to 13 weeks after 15 years' service under any applicable award derived conditions under the NES).





Parental Leave 43 39 Specifies entitlement to various forms of parental leave and conditions regarding taking the leave

– Extension of parental leave where a staff member takes on primary care arising from a permanent care order

– Ability to access parental leave where there is a surrogacy arrangement with approval of the Chief HR Officer

– Clarifications regarding when a person who assumes primary care for a child born or placed with their spouse or domestic partner is entitled to unpaid parental leave

– Clarification regarding when a staff member may request to access a further period of unpaid parental leave after the first 12 months

– Averaging of employment fraction during subsequent periods of leave applies where the staff member returns on a reduced fraction from prior parental leave or other leave immediately following that parental leave.

– Lump sum payment in lieu as the sole return-to-work conversion option applying for an unexpired entitlement to leave at 60 per cent pay

– Option to transfer an unexpired leave at 60per cent pay entitlement to a staff member who is a spouse/partner has been removed


The NES and the Awards provide for an entitlement to unpaid parental leave. The Agreement is substantially more beneficial and includes paid parental leave for staff with more than 24 months' service of 52 weeks' pay (14 weeks at full pay and 38 weeks at 60 per cent pay)





Other Leave 44 40 Specifies various other forms of leave not covered by the other leave clauses

Minor wording/terminology changes. No substantive change.

The Agreement includes other forms of leave not included in the NES or Awards, including accompanying spouse overseas leave, ceremonial leave, professional staff study leave, religious purposes leave, relocation leave, repatriation leave, sporting leave, and workplace relations training leave

University Holidays

45 41 Identifies:

– the days that the University observes as holidays and how they may be substituted or otherwise declared by the Vice-Chancellor

– the University and a staff member may agree to substitute holidays

– holiday arrangements applying to staff working outside Victoria either in Australia or overseas

– Allows for substitution of holidays under the FW Act or by declaration by the Vice-Chancellor

– Provision for the University and a staff member to agree to substitute holidays

– Staff working outside Victoria in Australia entitled to holidays in accordance with the NES, but additional annual leave accrued to offset any shortfall in holidays in comparison with staff working in Victoria.

The Awards provide for public holidays in accordance with the NES





Christmas/New Year Closedown Arrangements

46 42 Specifies the days that are included in the Christmas/New Year Closedown, how staff who work Labour Day, Queen's Birthday and/or Melbourne Cup accrue paid time off, and how a surplus or shortfall in paid time off is treated.

Minor grammatical changes and clarification that Labour Day, Queen’s Birthday, and Melbourne Cup Day are normal working days with no holiday penalties payable. No substantive change.

The NES provides for substitution of public holidays (such as for closedown arrangements) in accordance with State laws (or procedures under State laws) or enterprise agreements

Leave or Make-up Pay to Incapacitated Staff Members

47 43 Specifies entitlements to make-up pay or leave where staff are receiving workers' compensation payments, and conditions regarding the pay and leave



Occupational Welfare

48 44 Specifies the process that can be followed where a staff member engages in seriously inappropriate behaviour that might otherwise be subject to disciplinary action or ill-health retirement, including accessing leave to undertake rehabilitation, counselling or treatment

Inclusion of failing to complete the relevant rehabilitation/counselling program without resolution of the behaviour as grounds to seek recourse to other provision of the Agreement

Inclusion of ability to rely on a refusal to attend an interview or assessment as evidence if the University uses other provisions of the Agreement


Occupational Health and Safety

49 45 Specifies the NTEU to nominate a person to attend the Monash University OHS Committee, statistical reports on bullying, information to be provided to elected health and safety representatives (HSRs), and maintenance of HSR training records.







Fitness for Work

50 New clause Specifies circumstances in which the University can direct staff to take leave and provide medical clearances, request staff to attend independent medical examinations, and the process by which medical reports will be considered in relation to a staff member's ability to perform the inherent requirements of their role where the University has a reasonable concern about the staff member's health and wellbeing/fitness for work


Family Violence 51 46 Specifies support the University provides to staff experiencing family violence, including leave and flexible working arrangements

– Extension of paid leave to long term casuals

– Approval of staff requests for support subject to the endorsement of the Chief HR Officer in all instances, including paid family violence leave.

– Staff requests for support may be submitted to HR Business Partners, as well as supervisor and family violence contact officers.

– Staff member may apply to substitute paid family violence leave for past accrued leave taken due to family violence they experienced.

The Awards and NES provide for only up to 5 days' unpaid leave

Environmental Sustainability

52 47 Specifies a commitment to improving the sustainability performance of the University

Deletion of non-binding principles that are not relevant to the employment relationship






Redundancy - Academic Staff

53 48 Specifies the process by which academic staff positions may be declared redundant, including redeployment options and relevant termination payments

– Six months’ notice of termination applies regardless of staff member’s age

– Review Committee clauses superseded by new clause 54

The Agreement provides for far more beneficial terms regarding redundancy than the Awards and the NES, including up 52 weeks' severance pay for academic staff plus 26 weeks' notice plus four weeks Option Period and payment of LSL after one years' service

Academic Redundancy Review

54 New clause Specifies process for applying for a review of a decision to terminate employment for redundancy during the four-week Option Period

Review by Independent Reviewer (IR), unless staff member opts for an Independent Review Panel (IRP):

– Review on the papers

– Procedural discretion and obligations of the IR and IRP prescribed.

– Composition of IRP prescribed.

– Report and recommendations of the IR or IRP delivered to both the Vice-Chancellor and the applicant staff member.






Redundancy - Professional Staff

55 49 Specifies the process by which professional staff positions may be declared redundant, including redeployment options and relevant termination payments

– Notice of redundancy to include grounds for redundancy and commences Notice Period of 4-5 weeks

– Staff member determines whether to apply for redeployment or Early Separation within the Notice Period

– Termination of employment and redundancy payment on expiry of the Notice Period if staff member doesn’t elect Early Separation or redeployment is unsuccessful

– Age-based redundancy payment replaced by a scale of service-based redundancy payments.

The Agreement provides for far more beneficial terms regarding redundancy than the Awards and the NES, including up 52 weeks' pay for professional staff in addition to four weeks' notice

Redeployment Process - Academic and Professional Staff

56 50 Specifies the process to be followed where redeployment and potential redeployment will be undertaken

– Candidates to be directly informed in writing of opportunities for redeployment prior to advertisement



Termination of Employment on the Grounds of Ill-Health - Academic Staff

57 51 Specifies the process to be followed for academic staff to have their employment terminated because of ill-health, including attending a medical examination, the staff member’s option for review of the medical examination assessment, and what happens where the staff member applies for temporary disability benefits






General Matters 58 52 Specifies definitions used in the unsatisfactory performance, misconduct and serious misconduct, review of decision, and research code clauses, and other general principles about how those clauses will operate

– Definitions added to the clause and definitions of misconduct and serious misconduct moved from definitions clause in the Current Agreement

– Clause has been redrafted whilst retaining protections regarding rights to procedural fairness and natural justice (amongst others)


Unsatisfactory Performance

59 New clause Specifies the process that will be followed where the University considers that a staff member's performance is unsatisfactory

– Separate clauses for academic and professional staff have been consolidated

– Streamlined process


Misconduct and Serious Misconduct

60 New clause Specifies the process that will be followed where the University considers that staff may have engaged in misconduct or serious misconduct

– Separate clauses for academic and professional staff have been consolidated

– Streamlined process






Review of Decision - Termination of Employment or Demotion

61 New clause Specifies the process to be followed where a staff member seeks a review of a decision to terminate their employment or to demote

– Establishes processes for review by Independent Reviewer (IR), unless staff member opts for review by Independent Review Panel (IRP)

– Review on the papers

– Procedural discretion and obligations of the IR and IRP prescribed

– Composition of IRP prescribed

– Disciplinary Appeals Committee superseded for professional staff

– Misconduct Investigation Committee and Unsatisfactory Performance Review Committee superseded for academic staff


Termination of Employment and Disciplinary Action – Academic Staff

- 53 Clause deleted Clause deleted No equivalent NES or Award clauses

Professional Staff Disciplinary Procedures

- 54 Clause deleted Clause deleted No equivalent NES or Award clauses

Breaches of the Research Code

62 55 Specifies the process that will be followed where there may be breaches of the Australian Code for the Responsible Conduct of Research

Clause has been redrafted to clarify the interaction between the Agreement and the Code, including that the University will conduct a process in accordance with the Code






Employment Related Grievance Resolution Procedure

63 56 Specifies how the University will deal with employment related grievances, as well as matters that cannot be brought as grievances

– Deletion of role of grievance advisers



Workplace Bullying

64 57 Specifies a definition of workplace bullying and what will happen where complaints of bullying are made

– Bullying may apply to any person in the workplace

– Addition that staff may consider first discussing the behaviour directly and informally with the person involved and that early reporting of concerns is encouraged

– Independent investigators may be either internal or external



Probationary Employment Principles - Academic Staff

65 58 Specifies how probation will be set for academic staff, how it may be extended for parental leave, and how probation will be reviewed and confirmed or employment terminated

– Inclusion of potential to extend probation period by any period of parental leave

– Clarification of circumstances in which employment may be terminated during the probationary period

– Clarification that staff may be suspended with or without pay during any investigation of alleged serious misconduct, and that the non-probationary suspension provisions of clause 60 apply where suspension is without pay


The Awards provide that staff may be subject to reasonable probation period.

The Agreement is more beneficial than the Academic Award, including as it provides for an appeal to an Appeals Committee.





Academic Workloads

66 59 Specifies how academic work will be allocated, the development and content of academic workload models for the allocation of teaching and other activities, what constitutes an unreasonable workload, how workloads may be reviewed, and the role of the Academic Workloads Advisory Committee

– Inclusion that all workload models will comply with the provisions and be implemented within three months of the commencement date of the Agreement

– Inclusion of "industry engagement" as an example of "other activities"



Summer Teaching Period

67 60 Specifies how summer teaching periods will be conducted, including requirements regarding the number of teaching periods academic staff may undertake teaching and associated administrative duties and consideration of the impact on professional staff workload and leave arrangements

Consequential inclusion of "Teaching Fellows"


Outside Study Program (OSP)

68 61 Specifies how the University recognises service when considering applications for OSP



Online Teaching and Learning

69 62 Specifies that online teaching and learning will be governed by University policy and what the policy must include


Working Off-Shore

70 63 Specifies that working off-shore will be governed by University policy and what the policy must include

Clause title amendment. No substantive change.


Performance Development

71 64 Specifies the process and objective of performance review and development, including how incremental advancement works and appointment of supervisors

Minor grammatical change. No substantive change.

No equivalent clause in Awards or NES (except as regards the basis for incremental progression - see explanation at clause 27)





Professional Staff Workloads

72 65 Specifies the process by which professional staff workloads are set, taking reasonable and positive steps to ensure excessive or unreasonable hours are not worked, and how workloads may be reviewed

– Inclusion that the University will take particular care of the health and wellbeing of staff with public-facing duties



Professional Staff Position Classifications

73 66 Specifies how professional staff positions are classified, requirements regarding position descriptions, and how staff can apply for reclassifications or dispute the outcome of reclassification applications

– Clauses dealing with applying for reclassification and disputed position descriptions and classifications are consolidated into this clause

– Applications for reclassification to a Monash HR representative rather than a Classification Committee

– Determination of applications for reclassification within 14 days

– Any appeals against the outcome of reclassification applications required to be lodged within five days.


The General Award includes the general staff classifications

Progression through Classification Levels

- 67 Clause deleted Clause deleted. Substantive elements moved to clause 73.

No equivalent NES or Award clauses

Job Redesign 74 68 Specifies the process that will be followed where a job redesign occurs as a result of organisational change or through change in the nature of duties required to be performed


Disputed Classifications

- 69 Clause deleted. Substantive elements moved to clause 73.

Clause deleted. Substantive elements moved to clause 73.






Classification Linking

- 70 Clause deleted Clause deleted because it is considered redundant and unnecessary.

No equivalent NES or Award clauses

Aboriginal and Torres Strait Islander Employment

75 71 Specifies commitments regarding Aboriginal and Torres Strait Islander employment, including best endeavours to achieve employment targets and an Indigenous Employment Working Party

Clause has been substantially redrafted to reflect the commencement of the Pro Vice-Chancellor (Indigenous) and the Monash Aboriginal and Torres Strait Islander Framework 2019-2030, and provides new employment targets for 2020-2023.


Hours of Duty 76 72 Specifies the ordinary hours of duty for professional staff, including flexible working hours arrangements. Ordinary hours are 36.75 per week (and may be averaged over 28 consecutive days) and other than for shift workers (as defined) are to be worked Monday to Friday between 8am and 6pm for staff employed prior to 7 October 2014 and 8am to 8pm for staff employed since that date.

– Inclusion of clause dealing with flexible working hours arrangements

– Other minor consequential changes

The General Award includes an 8am to 6pm span for PACCT staff, and other spans ranging from 6am to 7.30pm for other staff

Span of Hours 77 73 Specifies circumstances where staff and the University may agree to establish or have established arrangements for extended shifts


Meal Breaks 78 74 Specifies meal breaks No change The Awards include an equivalent provision





Overtime and Time Off In Lieu

79 75 Specifies how and when overtime is paid, and how and when staff may take time off in lieu of being paid overtime

Minor grammatical and consequential changes. No substantive change.

The General Award contains equivalent entitlements to overtime except that a HEW 7 under the General Award is not eligible for overtime payments (but is under the Agreement). The time off in lieu of overtime (TOIL) provisions of the General Award and the Agreement are broadly similar except as noted in Appendix 1.

Shift Work 80 76 Specifies the circumstances in which shift work may be performed, definitions regarding shift work, payment for shift work, notice of shift changes, the arrangements for shift rosters, and additional annual leave for eligible shift staff.

– Inclusion of a definition of shift worker


The General Award includes provisions allowing for shift work and associated payments that are equivalent to the Agreement

Travelling, Meal, Vehicle and Related Expenditure

81 77 Specifies when and how the University will reimburse staff for reasonable expenses while on University business, including while travelling, as well as use of a corporate credit card, cash advances, and vehicle allowance


The Awards include similar entitlements to reimbursement for reasonable expenses





Changes to Rosters or Hours of Work

82 78 Specifies how consultation will occur where the University proposes a change to rosters or ordinary hours of work


The FW Act requires a consultation clause to be included in relation to a proposal to change rosters or ordinary hours of work.

Higher Duties Allowance

83 79 Specifies circumstances in which staff will be paid a higher duties allowance where they act in a position of a higher classification

Minor grammatical change. No substantive change.

The General Award include similar entitlements to a higher duties allowance

Overtime Meal Allowance

84 80 Specifies when staff will be paid an overtime meal allowance and quantum of the allowance

– Allowance has been updated

– Clause has been redrafted to make it simpler to understand and apply

The allowance in the Agreement is more beneficial than the General Award ($20.30 compared to $16.61)

Motorcycle and Bicycle Allowance

85 81 Specifies where professional staff may be reimbursed for petrol and oil for use of their privately owned or hired motorcycle, or paid an allowance for the use of their privately owned or hired bicycle

Minor grammatical and clarifying changes. No substantive change.

The General Award includes an entitlement to a vehicle allowance

Sleep-over Allowance

86 82 Specifies where professional staff will be entitled to a sleep-over allowance when they are required to sleep-over on University premises

Minor clarifying change. No substantive change.

The General Award include similar entitlements to a sleep-over allowance

Camping Allowance

87 83 Specifies where academic staff are entitled to an allowance for camping overnight in the course of authorised field duty

Minor clarifying change. No substantive change.

No equivalent clause in Academic Award or NES





Clinical Loadings

88 84 Specifies eligibility and quantum of clinical loadings for professorial and other eligible staff

Allowances have been updated No equivalent clause in Academic Staff Award or NES

Annual Salary Rates

Schedule 1 Schedule 1 Specifies salaries and salary increases payable over the life of the Agreement

– Salaries have been updated to reflect salary increases

– Provision for Academic Research Assistant annual rates removed

The salaries set out in the Agreement are substantially higher than the Awards

Teaching Associate Sessional Rates and Casual Academic Research Assistant Rates

Schedule 2 Schedule 2 Specifies rates of pay for Teaching Associates and casual academic Research Assistants

Rates of pay have been updated to reflect salary increases

The rates of pay in the Agreement are substantially higher than the Academic Award. Note: The Academic Award specifies hourly casual rates for particular types of activity and notes these are "including the casual loading". Although not expressly stated, the Agreement rates for Teaching Associates are also inclusive of the casual loading (these were incorporated into the rates in predecessor enterprise agreements).

Teaching Associate Sessional Rates Descriptors

Schedule 3 Schedule 3 Specifies the Teaching Associate sessional rate descriptors for various academic activities

Minor consequential change. No substantive change.

The Academic Award also includes sessional rate descriptors





Part-Year, Seasonal and Annualised Hours Terms

Schedule 4 Schedule 4 Specifies (a) eligibility for casual staff conversion and the grounds upon which conversion may be refused, and (b) terms and conditions regarding part-year, seasonal, and annualised hours employment


The Awards provide for processes for casual staff to apply to convert to non-casual employment

Professional Staff Position Classification Descriptors

Schedule 5 Schedule 5 Specifies the position classification descriptors for each Higher Education Worker level

No change The General Staff award includes the general staff classification descriptors

APPENDIX 1

Award Time off in lieu (TOIL) Entitlement Agreement Time off in lieu (TOIL) Entitlement

HEW 1-6 Yes – must be paid out if not taken within six months or on termination of employment

HEW 1-7 Yes, if agreed - may be forfeited if not taken within six months but Chief HR Officer may approve alternative arrangements for taking TOIL. No payment for accrued TOIL on termination of employment.

HEW 7-8 Yes but no requirement to take TOIL within six months, no entitlement to be paid out after six months or on termination of employment

HEW 8-10+ No entitlement to TOIL but is allowed time off equivalent to the period of overtime worked.

HEW 9+ No entitlement to paid overtime or TOIL unless agreed by the employer. No entitlement to payout of any TOIL on termination of employment

HEW 8-10+ No entitlement to TOIL but is allowed time off equivalent to the period of overtime worked.

Documents

ENTERPRISE AGREEMENT CLAUSE …...ENTERPRISE AGREEMENT – CLAUSE EXPLANATIONS AND COMPARISONS | 1 +- The purpose of this document is to explain the terms of the proposed new enterprise