This Agreement shall be known as the University of Wollongong (Academic Staff) Enterprise Agreement 2005.
3.1 This Agreement shall operate from the date of certification and shall remain in force until three years after the date of certification.
3.2 This Agreement supersedes and replaces in entirety the previous certified agreements covering academic employees of the University.
3.3 This Agreement operates to the exclusion of any awards which would otherwise, but for this Clause, apply to academic employees whose employment falls within the scope of this Agreement.
3.4 During the period of operation of this Agreement the parties to this Agreement agree that there shall be no further claims made by either party.
3.5 While the University recognises that the application of the Agreement requires policies and procedures to be followed nothing in this Agreement shall be taken as incorporating as a term of this Agreement, or being subject to any process in this Agreement, any University policy, procedure or process referred to in this Agreement.
5.1 The University may enter into AWAs with its academic employees. Those AWAs may either operate to the exclusion of this Agreement or prevail over the terms of this Agreement to the extent of any inconsistency, as specified in each AWA.
5.2 At the time of offering an AWA the University will offer a genuine and informed choice between the AWA and this Agreement. The University will provide the academic employee with access to this Agreement.
5.3 At the time of offering an AWA the University will advise any academic employee of their rights to appoint a bargaining agent and will allow the academic employee at least 14 days to consider the AWA as required. 6.1 There will be a Consultative Committee to consult on the implementation of this Agreement. In addition, the Consultative Committee may act as one of the forums for discussion of workplace change, workplace issues, data and policies as provided for in this Agreement.
6.2 The Consultative Committee will include up to four University management representatives, two elected staff representatives elected from and by the academic staff covered by this Agreement and two staff representatives nominated by the Union . The Committee will meet on a regular basis and at intervals of not more than two months. However, a representative may instigate a consultative committee meeting, where required, with seven (7) days notice.
6.3 Where the Committee is discussing an issue which affects an identifiable group of academic staff members the Committee will also include, up to two (2) additional staff representatives nominated by the affected academic staff members of the University where they choose.
6.4 The two elected staff representatives to this Committee will be elected for a term of two years.
6.5 The process for election of the two elected staff representatives to this Committee will be consistent with Schedule 1 of the University's By-law.
7.1 The University is committed to directly consulting with all staff in relation to workplace relations, workplace change and human resource matters.
7.2 The University also recognises the role of staff representatives and the right of academic staff members to nominate staff representatives of their choice as defined below to represent them if they choose as provided for in this Agreement.
7.3 Staff representatives who are academic staff members of the University will, on written notification to the Vice Chancellor, be allowed reasonable time from usual duties, with pay, to represent staff in relation to this Agreement.
7.4 For the purposes of this Agreement, the term “staff representative” shall mean:
An academic staff member of the University, covered by this Agreement, formally elected in a secret ballot of the academic staff conducted by the University or an academic staff member of the University, covered by this Agreement nominated by an affected academic staff member(s) of the University from time to time; or an academic staff union member or accredited union official of a union party to this Agreement nominated by an academic staff member.
7.5 A duly accredited representative of the NTEU shall be given the right to enter the University premises where staff members covered by this Agreement are employed for the purposes of holding discussions with them about their employment. Any such person may only enter premises during working hours and may only hold the discussions during the staff members meal times or other breaks provided that any such accredited representative other than a staff member advises the University of his or her visit.
7.6 Academic Staff who are elected or nominated staff representatives under this Agreement may be granted leave of absence with pay to undertake training of up to 3 days per representative on the following conditions:
7.7 While the University provides staff representatives employed as academic staff by the University with access to the University's electronic mail system for the purposes of carrying out functions of this Agreement, Information Technology (IT) policies apply to all users of the University's information technology facilities and acceptance of the policies and associated rules governing the use of IT facilities is a condition of use.
A copy of this Agreement shall be published on the University's web site and shall be available for inspection upon request by any academic staff member of the University.
14 Nomenclature
14.1 The nomenclature used by the University for the various academic levels set out in Schedule 1 is as follows:
Teaching and Research Staff
Level A - Associate Lecturer
Level B - Lecturer
Level C - Senior Lecturer
Level D - Associate Professor
Level E - Professor
Research Only Staff
Level A - Associate Fellow
Level B - Fellow
Level C - Senior Fellow
Level D - Principal Fellow
Level E - Professorial Fellow
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15 Position Classification Standards
15.1 The University has adopted a set of teaching and research and research only Position Classification Standards (PCS) as at September 2005 for the classification structure for academic staff. These are contained in University's Academic Position Classification Standards document. The standards are not exhaustive of all tasks in academic employment, which is by its nature multi-skilled and involves an overlap of duties between levels.
15.2 The PCS contained in University's Academic Position Classification Standards document for teaching and research staff deal broadly with 4 areas of activity: teaching; research/scholarship; management and professional activities. Unless appointed to a research only position or to a specialist position with individually specified duties, all members of academic staff are normally expected to be actively involved in all these areas. Agreement on the balance between these responsibilities will be determined through consultation between the Head of Academic Unit and the academic staff member, taking into account the staff member's agreed career plan, the needs of the academic program and the Faculty Workload Model.
15.3 Within the parameters specified in sub-clause 15.2 and sub-clause 24.3, all levels of academic staff can expect to make a contribution to a diversity of functions within the University. The University encourages academic staff to become involved in activities relevant to the community and the professional skills of the staff member, new methods of teaching delivery, consultancy activities and innovative academic roles generally.
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16 Academic Freedom
16.1 The University is committed to the protection and promotion of intellectual freedom within the University. In the performance of their duties academic staff members have a right to:
16.1.1 pursue critical and open inquiry;
16.1.2 research and publish;
16.1.3 participate in public debates and express opinions, including unpopular or controversial opinions about issues and ideas;
16.1.4 participate in an appropriate form in decision making processes and structures germane to their field of expertise and onus of responsibility within the University;
16.1.5 teach, assess and develop curricula within the processes laid down by the Academic Senate of the University;
16.1.6 participate in professional and representative bodies, including unions, and engage in community service; and,
16.1.7 without fear of harassment, intimidation, bullying or unfair treatment.
16.2 Notwithstanding the rights expressed in sub-clause 16.1, academic staff members do not have a right to harass, vilify, bully or intimidate.
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17 Supervision
17.1 Each member of academic staff has a nominated supervisor, and shall be advised in writing of the position of the nominated supervisor at the time of appointment.
17.2 The University will ensure that each academic staff member, other than the Head of an Academic Unit, is subject to the direction of the supervisor in the performance of his/her duties.
17.3 The supervisor shall normally be the Head of the Academic Unit, an Associate Dean or the Dean of Faculty, provided that an academic staff member may request the nomination of an alternate supervisor and the Vice Chancellor may, where an exceptional case is made, delegate in writing another academic staff member classified at Level C or above to be the supervisor of one or more academic staff members.
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18 Types of Academic Appointment
18.1 Nothing in this Agreement shall prevent the University engaging an academic staff member in any type of employment including those prescribed in this Clause and in accordance with this Agreement to meet its operational requirements.
18.2 Nothing in this Agreement prevents an academic staff member engaging in additional work as a casual employee in work unrelated to, or identifiably separate from, the staff member's normal duties.
18.3 Nothing in this clause shall limit the number or proportion of academic staff members that the University may employ in a particular type of employment.
18.4 Continuing employment
"Continuing employment" means all employment other than "fixed-term" or "casual". Continuing employment may be provided for on a full-time or a fractional basis. Offers of continuing employment may contain a reasonable probationary period, as specified in Clause 22 , which is directly related to the nature of the work to be carried out under the contract.
18.5 Fractional employment
"Fractional employment" means employment less than full-time employment, for which all entitlements are paid on a pro-rata basis calculated by reference to full-time employment. Fractional employment may be either on a continuing or fixed-term basis.
18.6 Fixed-term employment
18.6.1 "Fixed-term employment" means employment for a specified term or ascertainable period, for which the instrument of engagement will specify the starting and finishing dates of that employment (or in lieu of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon the occurrence of which the term of the employment shall expire). Fixed-term employment may be provided for on a full-time or a fractional basis.
Fixed-term employment may contain a reasonable probationary period, as specified in Clause 22 that is directly related to the nature of the work to be carried out under the contract.
18.6.2 Right to apply for conversion
Where the University gives notice to an academic staff member on a fixed term contract in accordance with subclause 13.4 - of the intention of the University to renew employment on the expiry of the contract or the academic staff member has been reappointed in the same position on a second or subsequent fixed term contract, the academic staff member may apply for conversion to continuing employment on the same salary and classification level provided that the staff member;
18.6.2.1 has satisfactorily completed the probationary requirements and has been employed for at least 2 years of continuous service in the relevant position; and,
18.6.2.2 was originally appointed following a competitive, merit based selection process for the relevant position; and,
18.6.2.3 has performed satisfactorily in the position; and,
18.6.2.4 meets the current selection criteria for the position; and,
18.6.2.5 was not originally employed in the position on a fixed term contract in connection with a course of study in which they were enrolled.
18.6.3 The University will consider the application and may refuse conversion on reasonable grounds which will normally be limited to;
18.6.3.1 the applicant being a genuine retiree or being employed on a pre-retirement contract; or,
18.6.3.2 the work being performed by the staff member is predominantly related to discontinued programs; or,
18.6.3.3 the fixed term employment is for a specific task or project or is funded by an identifiable funding source external to the University, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students; or,
18.6.3.4 the fixed term employment is for the purpose of filling a temporary vacancy or to meet a curriculum requirement in vocational professional education for which recent practical or commercial experience is required; or,
18.6.3.5 the work being performed relates to a new organisational area that has existed for less than 3 years.
18.7 Casual employment
"Casual employment" shall mean a person engaged as such by the hour and paid on an hourly basis as set out in Schedule 2.1 and Schedule 2.2 .
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19 Terms of Engagement
19.1 Where the University engages an academic staff member under this Agreement, the University shall provide to the staff member an instrument of appointment that stipulates the type of employment and informs the staff member of the terms of engagement at the time of the appointment in relation to:
19.1.1 for academic staff members other than casual employees, the classification level and salary of the staff member on commencement of the employment and for fractional staff the fraction of a full-time equivalent position;
19.1.2 whether the appointment is on a continuing, fixed-term, or casual basis, as defined in Clause 18;
19.1.3 for a fixed-term academic staff member, the term of the employment, the length and terms of any period of probation.
19.1.4 for casual employees, the duties required, the number of hours required, the rate of pay for each class of duty required and a statement that any additional duties required during the term will be paid for;
19.1.5 for any academic staff member subject to probationary employment, the length and terms of the probation; and
19.1.6 any other significant conditions of employment.
19.2 The instrument of appointment will also reference this Agreement and provide advice as to where a copy of the Agreement may be accessed.
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PART 4:
PERFORMANCE ENHANCEMENT AND CAREER DEVELOPMENT
20 Performance Enhancement and Career Development
20.1 Both the University and academic staff members accept responsibility for performance enhancement and career development. The performance enhancement and career development process will be informed by and will inform annual workload allocations and opportunities realistically available in terms of the needs, requirements and strategic directions of the University and their Unit within it. The University acknowledges that training supervisors to effectively perform their role is vital to the success of the performance enhancement and career development process. The University will ensure that a supervisor training program is run annually.
20.1.1 The aims of the performance enhancement and career development process is to:
20.1.1.1 Enhance the performance of academic staff members by reviewing performance and delivering accurate, informative and constructive feedback to ensure goals are realistic and achievable and provide formal recognition of achievement.
20.1.1.2 Integrate the development plans of individual academic staff with workload requirements and University development plans in a coherent manner;
20.1.1.3 Commit the University, and academic staff to ongoing individual development;
20.1.1.4 Provide regular and continuing opportunities for all academic staff members to formulate meaningful and achievable career goals and plans;
20.1.1.5 Provide a planned basis for the allocation of training and development resources to academic staff including training and support of professional development associated with flexible delivery and to provide support, encouragement and opportunities to enable effective professional development.
20.2 Performance Enhancement and Career Development Record
The performance enhancement and career development record will be maintained by the academic staff member and their supervisor. The resulting document will be kept within the unit and will remain confidential at all times. Outcomes may be discussed with the supervisor's supervisor, but will not be discussed with other staff members. It will normally be restricted to these people except where it is required to be provided below. All comments made by a supervisor on a staff member as part of the performance enhancement and career development process will be shown to the staff member who will then have the opportunity to have any comments in response also recorded. The performance enhancement and career development record is separate from disciplinary processes.
20.2.1 A copy of the appropriate sections of the most recent performance enhancement and career development record will be required for purposes of: confirmation of probationary appointments; promotion; study leave applications; accelerated incremental progression and, cases for attraction and retention allowances. In this context, “most recent” means a record updated within the preceding 10 months.
20.2.2 A section of the career development record should provide a summary of any agreed general development needs.
20.2.3 The performance enhancement and career development record for every supervisor will contain an upward appraisal component.
20.3 Performance Enhancement and Career Development Interview
Annual performance enhancement and career development interviews will be mandatory in the first 5 years following appointment. The first interview shall occur within two months of appointment and thereafter every 12 months. Subject to mutual agreement between the supervisor and the academic staff member, biennial interviews may replace annual interviews for staff members of longer standing. The performance enhancement and career development interview shall be undertaken by the academic staff member's nominated supervisor. An academic staff member may, for whatever reason, invite another academic staff member to participate, in a support role, in the performance enhancement and career planning interview.
20.4 Induction
Within two months of entry on duty a first performance enhancement and career development interview must be completed by the supervisor with all new academic staff members as part of the induction process. At this interview the supervisor should also ensure the staff member is aware of the University's probation requirements and the Introduction to Tertiary Teaching course requirements outlined below. The new staff member may also invite a fellow academic staff member to assist in identifying development opportunities.
20.5 Introduction to Tertiary Teaching Course
It is compulsory for academic staff members newly appointed to the University to undertake the Introduction to Tertiary Teaching course, unless exempt. This requirement applies to all academic staff involved in teaching who have an appointment of more than 12 months unless an academic staff member has applied for and been granted an exemption. Faculty workload models developed in accordance with sub-clause 24.4 will take into account ITT/ULT requirements for new academic staff members.
20.6 Teaching Evaluation
20.6.1 As part of professional development it is expected that academics will regularly survey student opinion of their teaching and will engage in other efforts to monitor and improve their performance. The University will assist in the provision of support for those efforts.
20.6.2 The University will maintain an individualised teaching and learning survey system which provides diagnostic feedback for academic staff as well as providing a source of evidence of teaching performance for the staff member for presentation to promotions and continuing appointments committees. The survey system must remain a credible instrument for probation, promotion and professional development purposes for academic staff, and be accessible to all academic staff.
20.6.3 The number of surveys presented at the time of consideration for promotion or probation should be in the range of 4 to 6 for a full-time academic staff member. Should the staff member intend to apply for promotion or confirmation of probation before the normal due date it is their responsibility to inform the Head of Unit and to ensure that a sample of 4 to 6 classes in subjects which they have taught are surveyed prior to their chosen deadline for application. These surveys will in all other cases be confidential to the staff member. Academic staff employed in research only roles are exempt from these requirements. Academic staff employed in specialist roles are also exempt but will provide alternative or supplementary evidence on their specialist responsibilities.
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21 Incremental Progression
21.1 All salary points above the bottom salary point for each of the Levels A, B, C, and D as set out in Schedule 1 are annual incremental points.
21.2 Subject to the procedures set out below, academic staff shall be entitled to progress annually within the salary range of the level of their appointment until the top salary point is reached.
21.3 Incremental progression within Levels A, B, C, and D shall be on the basis of satisfactory performance. Satisfactory performance means performance at an appropriate level for the academic staff member's appointment and consistent with the staff member's duties and the University's Position Classification Standards document referred to in Clause 15. It is recognised that academic staff may have duties during the incremental period that do not span all of the criterion areas defined in the PCSs.
21.4 Progression criteria
In order to achieve progression to the next point on an incremental scale a member of the academic staff is expected to have shown satisfactory performance in the following criterion areas in accordance with sub-clause 21.3:
21.4.1 undertaken such teaching duties as may have been allocated by the supervisor in consultation with the member of staff;
21.4.2 contributed, through research, scholarly writing, publication, creative works in the arts, professional practice or in other ways to the advancement of and application of knowledge;
21.4.3 participated in the administration of the University and/or provided leadership and undertaken such administrative duties in the organisational unit as might have been assigned by the supervisor;
21.4.4 participated in the academic performance enhancement and career development scheme and undertaken such professional or personal development activities as might have been agreed during that process; and,
21.4.5 contributed service to the relevant discipline through professional activity, continuing education, consultancy, conference organisation or other similar activity relevant to the work of the institution.
21.5 Incremental progression will also be contingent upon presentation of the relevant extract of the performance enhancement and career development record as provided for in Clause 20 which confirms participation in the most recently required annual or biennial performance enhancement and career development interview.
21.6 A decision shall be made prior to the end of the incremental period, as to whether the increment is to be awarded or denied. The incremental period is 12 months from the date of appointment or the last increment awarded. Where a supervisor has concerns that an academic staff member's performance may not justify the award of an increment the staff member should be informed of the supervisor's concerns as soon as possible prior to the date on which the increment is due. The academic staff member must also be given an opportunity at this time to raise mitigating circumstances or ongoing academic or professional development of which the supervisor might be unaware.
21.7 Recommendation of Supervisor
No recommendation to deny an increment can be made unless the academic staff member has been given an opportunity to address the concerns raised. Any final recommendation shall identify the supervisor's ongoing concerns, which shall be expressed in terms of the progression criteria and provided in writing to the academic staff member. The supervisor must take into account equal opportunity issues when assessing the academic staff member's performance for the award or denial of an increment.
21.8 Where an academic staff member disputes a decision to withhold an increment the matter will be referred to the Vice Chancellor. Before making a final decision on whether to award or deny the increment the Vice Chancellor will give the staff member 5 working days to make any submissions in relation to the recommendation of the supervisor and, at the staff member's request will consult with the staff member's nominated fellow academic staff members in the disciplinary area. Following receipt and consideration of any such submissions and consultations the Vice Chancellor will make a final decision on whether to award or deny the increment.
21.9 Where an academic staff member has been denied an increment the supervisor can or the staff member may request that he/she be reconsidered for the awarding of the increment after a minimum period of 3 months after the increment was denied.
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22 Probationary Appointments
22.1 Normally, all appointments to the academic staff, whether on a fixed-term or a continuing basis are made with a probationary period. Probation periods shall normally be as follows:
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Type and Duration of Appointment
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Period
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Fixed-term of less than 3 years
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up to 6 months
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Fixed-term of 3 years or less than 4 years
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up to 12 months
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Fixed-term of 4 years or more
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up to 18 months
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Continuing
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up to 2 years
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22.2 Confirmation of an appointment on probation will normally be considered once only during the probationary period, usually at a point not earlier than 6 months before the expiry of the probationary period in accordance with the procedures set out in the University's Academic Probation Procedures document. The onus will rest on the academic staff member to provide evidence of satisfactory performance based on the criteria.
22.3 For confirmation of a probationary appointment, an academic staff member will need to meet the skill base requirements for the relevant academic level and demonstrate performance and overall merit relative to the position classification standard of the current level, presenting appropriate evidence relating to the staff member's performance.
22.4 Where an academic staff member, who has a continuing appointment with a probationary period, has not had a reasonable opportunity to meet the requirements of the probationary period due to circumstances beyond the staff members' control, they may request an extension of the probationary period in order to better prepare their case. The request will be made to the Deputy Vice Chancellor (Operations) through the respective Head of Unit and Dean. Where a case is made any extension shall not unreasonably be refused. If approved, an extension of up to 12 months will be granted. The total probationary period may not exceed 3 years.
22.5 Where the recommendation is not to confirm the staff member's appointment, the recommendation will be referred to the Vice Chancellor who may terminate the academic staff member's appointment.
22.6 Where an academic staff member's appointment has been terminated pursuant to sub-clause 22.5, the staff member shall have the option of receiving 4 months #145;payment in lieu of notice or working out 4 months' notice of termination. The staff member shall have 1 week, from the date of being notified of the termination of their appointment in accordance with 22.5, to make a decision on this option and the notice period shall take affect from the end of that week.
22.7 A decision not to confirm a probationary appointment may be subject to review by the Probation Appeal Committee. The Appeal Committee does not have the authority to confirm a probationary appointment. A staff member may only appeal on the grounds of lack of due process, denial of natural justice or bias or inconsistent application of the criteria for the granting of confirmation of a probationary appointment and only to the extent to which, in the Appeal Committee's view these grounds materially and adversely affected the outcome of the application for confirmation of probationary appointment. Any such appeal must be lodged in full within ten (10) working days of being advised of the decision.. The Appeal Committee will operate in accordance with the established procedures and make a report to the Vice-Chancellor on whether, in their view, the grounds of appeal are substantiated and, if so, whether they had materially and adversely affected the outcome. The Vice-Chancellor will either refer the matter back for reconsideration or terminate the academic staff member's appointment. The Probations Appeal Committee will be constituted in accordance with Clause 44.
22.8 Any second or subsequent fixed term contract for the same position will not contain a probationary period.
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PART 5: WORKING ARRANGEMENTS
23 Preamble
The University recognises the inter-dependence of academic staff members' work and family lives and the need for them to provide care, assistance and support to their family members and to participate in associated cultural obligations. The University is committed to #145;family friendly' work strategies to assist staff trying to balance work and family responsibilities. The University will encourage the development of practices that seek to:
23.1 make staff aware of the work and family arrangements in this Agreement;
23.2 encourage and support varied working arrangements at a work unit and University level;
23.3 organise work to take into account responsibilities of staff with family commitments;
23.4 take into account equal opportunity issues when considering an academic staff member's performance; and
23.5 allow academic staff members the opportunity to be in contact with family members in emergency situations during working hours.
These factors will be taken into consideration in the scheduling of academic work (i.e. teaching, research/scholarship, management and professional activities) for academic staff members.
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24 Workloads
24.1 Purpose
The purpose of this Clause is to provide for the equitable distribution of workloads among academic staff in the context of the strategic priorities and resource constraints that apply to the University from time to time.
24.2 Workload Allocation
24.2.1 This Clause provides for an annual workload to be allocated to each academic staff member. Such allocation will be in writing. Workload allocation will be the responsibility of the supervisor. Supervisors are required to ensure that allocations are consistent with faculty workload models and that individual academic staff members are consulted prior to finalising workload allocations.
24.2.2 Each workload allocation will specify the mix of the main areas of academic work that the staff member will undertake in the coming year.
The allocation of academic duties will:
24.2.2.1 be consistent with the University's strategic plans and academic mission;
24.2.2.2 seek to achieve a balance between the academic staff member's career goals and aspirations and the goals, needs and commitments of the faculty and its sub-units;
24.2.2.3 allow for individual allocations to be varied during the year, after consultation between the academic staff member and the supervisor, where circumstances change;
24.2.2.4 ensure equity between staff members in the faculty both with regard to core teaching, administrative and University governance duties and with regard to total workload.
24.3 Content of Workload Allocations
24.3.1 Unless appointed to a research only position or to a specialist position with individually specified duties each academic staff member's Workload Allocation will normally include elements of teaching, research and scholarly activity, administration and University governance, provided that in the event of an academic staff member not undertaking a full time equivalent workload to faculty standards in one or other areas of academic activity, it is recognized that there may be a need to increase the workload allocation in one or other of these elements.
24.3.2 Workload Allocations will also;
24.3.2.1 be consistent with EEO and affirmative action principles, policies and practices;
24.3.2.2 specify its date of commencement and period of operation; and,
24.3.2.3 not normally require the staff member to undertake more than 780 hours of teaching and teaching related hours per annum (averaged over a 2 year period without penalty for periods of approved leave) over a period of 26 to 32 weeks per annum.
24.4 Faculty Workload Models
24.4.1 The Dean of each faculty shall be responsible for maintaining a workloads model for the faculty. The development of an appropriate workload model consistent with this Agreement will be the responsibility of each faculty workload reference group and subject to ratification by academic staff in a faculty meeting.
24.4.2 The faculty workload model will;
24.4.2.1 encompass the elements of teaching, research and scholarly activity, administration and University governance and be based on 48 (minus public holidays and concessional days) out of 52 weeks per year;
24.4.2.2 indicate the normal balance between the elements of academic activity that are relevant to that faculty.
24.4.3 Faculty workload allocations shall be published and be available to all staff within each faculty including on the faculty's intranet site.
24.5 Faculty Workload Reference Group
24.5.1 The Faculty Workload Reference Group will consist of the Dean or nominee, a Head of Department or Associate Dean or equivalent person, and two staff members elected by the academic staff of the faculty.
24.5.2 In addition to the role of the Faculty Workload Reference Group in developing the faculty workload model, the Reference Group will also monitor the equitable distribution of workloads across the faculty and in the first instance attempt to resolve any disputes in respect of workload allocation.
24.5.3 The Faculty Workload Reference Group will meet at least twice a year. Academic staff within the faculty will be notified four weeks in advance of the meeting and will be given the opportunity to submit issues for consideration.
24.5.4 Each Faculty Workload Reference Group may make such administrative arrangements as may be necessary to administer the workload standards in this Clause.
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25
Teleworking and Working from Home
25.1 Teleworking refers to an arrangement where academic staff, because of the nature of their work, may be able to work from home using appropriate technology to communicate with their unit and the University.
25.2 To qualify for such an arrangement, academic staff must have appropriate facilities available for communication with the University, including telephone and computer facilities for connection to the campus network, library facilities and e-mail services and have such work facilities approved for OH&S.
25.3 Students can expect to have reasonable access to the lecturers involved in teaching any subject in which they are enrolled. To this end, every full-time member of the academic staff should be on campus the majority of days of the week during the sessions in which they are teaching, the study recess and examination periods, and be available to students for consultation during some of the time.
25.4 The supervisor must be informed where absence from the campus for any reason during any week is likely to exceed two days.
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26 Consultancy
Academic staff will be entitled to undertake consultancies in accordance the University's Consultancy, Secondary Employment, Conflict of Interest and related policies.
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27 Intellectual Property
The University will have and maintain an intellectual property policy that respects and promotes the rights and interests of originators and the University.
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28 Fractional employment
An academic staff member may seek approval to convert their appointment to a fractional position for a specified period. In such cases the staff member would continue to work an agreed range of normal academic duties but with a consequential reduction in workload allocation during the period. The conditions associated with such an arrangement will need to be discussed and agreed between the staff member and Head of Unit and approved by the Deputy Vice-Chancellor (Operations) before the fractional appointment arrangement commences.
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29 Working in Other Locations
29.1 There may be an increasing need for academic staff to work in a variety of locations in Australia and internationally. All contracts that existed prior to the certification of this Agreement are deemed to have stated Wollongong as the main location, unless a contract specifically provided otherwise. All employment contracts should state the main location in which academic activity is to occur.
29.2 Should a requirement arise for academic staff to work in locations other than their main location, the University agrees to take into consideration equity related and/or personal issues, allocation of teaching loads, the time and costs of travel, and other issues related to the specific work. These issues will need to be considered in an academic staff members workload allocation.
29.3 Where there is a requirement for work to be performed at a location other than the academic staff member's main location where practical, all suitably qualified academic staff members will be offered the opportunity to volunteer to undertake the work.
29.4 In the absence of an appropriate volunteer, the University may nominate an academic staff member to undertake the work at a location other than the staff member's main location provided that the University will not require the nominated staff member to work at the other location where the staff member can demonstrate pressing domestic or other substantive personal reasons that would make it unreasonable for the staff member to work in the alternate location for the period concerned. Where a nominated staff member believes that it would be unreasonable to undertake the work at the other location on one of the above grounds, then the staff member will be required to make a case to the Dean of Faculty.
29.5 Where an academic staff member undertakes work in a location other than his/her main location, the University will meet the cost of travel in accordance with the University's Travel Policy.
29.6 Any disputes arising out of this clause shall be dealt with under Clause 8. .
30 Summer Session
" Teaching in summer session may be included in the workload allocation model.
" Payment to an academic staff member for summer session teaching will be made if the summer session teaching exceeds the staff member's workload allocation.
" Where additional payments are made in accordance with sub-clause 30.2 these payments will be in accordance with Schedule 3.
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31 Casual Employment
31.1 The University shall require academic casual employees to have the qualifications and experience appropriate to the relevant Position Classification Standard and to adduce evidence to demonstrate this. Engagement of casual employees is to be merit based.
31.2 University Induction
Academic Casual employees will not be employed beyond one teaching session without attending the University's two hour casual induction training. Faculties are to provide to the University's Career Development Unit the names of new casual employees each teaching session. Payment for attendance will be made at the ancillary hourly rate.
31.3 Teaching Duties
Teaching duties include:
31.3.1 Preparation of lectures and tutorials and laboratory classes to be presented.
31.3.2 Presentation of lectures and/or tutorials and laboratory classes.
31.3.3 Production of resource materials and flexible delivery.
31.3.4 Marking, administration of relevant records and informal student consultation time, provided that the total time required to be devoted to these duties collectively shall not exceed one hour for each hour required to be devoted to the presentation of lectures and/or tutorials and laboratory classes. Normally, duties other than marking are expected to occupy 40 minutes of this time.
31.4 Ancillary teaching duties
Any duties which the academic casual employee is required to perform beyond those outlined in sub-clause 31.3 shall be paid for separately. Such duties may include:
31.4.1 attendance at lectures;
31.4.2 formal student consultation time;
31.4.3 preparation of subject guides, course outlines and reading lists;
31.4.4 activities associated with the coordination of subjects; and
31.4.5 attendance at meetings.
31.5 An academic casual employee will be paid within 22 days of submitting a completed, valid claim for payment to the University.
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32 Anti-Discrimination & Grievances
32.1 The University will maintain and follow policies covering areas of Employment Equity and Diversity and the prevention and appropriate management of grievances, bullying, harassment and discrimination. These policies assist the University and the University community to meet the legal obligations under the applicable state and federal laws.
32.2 While these policies attempt to provide frameworks to resolve complaints raised, nothing in this Clause shall derogate from the right of an employee or the University to pursue a matter of discrimination in the relevant State or Federal tribunal.
32.3 The University is committed to reviewing these policies and such reviews will be done in consultation with staff.
32.4 In particular, the University recognises that the current Grievance Resolution Procedures are not sustainable and are to be revised as a priority. The University will review these procedures as outlined above.
32.5 Matters dealt with in accordance with the policies referred to in this clause shall not be subject to Clause 8.
33 Indigenous Employment
The University has an indigenous Australian employment strategy. The University will continue to maintain and implement this employment strategy and the targets contained therein. For the purpose of maintaining and ongoing implementation of the strategy the University will have an indigenous employment steering committee which will be chaired by a Deputy Vice Chancellor of the University.
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PART 6: CHANGE
34 Managing Change
The process for implementing significant workplace change is as follows:
34.1 It is acknowledged that sound management of workplace change requires the involvement of staff who will be affected by that change.
34.2 Categories of workplace change subject to this Clause may include changes in the composition, operation or size of the workforce or in the skills required; the enhancement, elimination or diminution of job opportunities, promotion opportunities or job tenure; the need for retraining or transfer of staff members to other work or locations, the restructuring of jobs and changing work practices.
34.3 Where significant workplace change as described under subclause 34.2 above, affects academic staff within a faculty, department or other unit of the University, the University will directly consult with the academic staff members affected and, where requested, their chosen staff representative(s). At the request of the affected staff member(s) the workplace change will also be discussed within the staff consultative committee in accordance with the provisions of this Clause.
34.4 University management responsible for any such proposal must notify affected staff that such a proposal is within contemplation in a reasonable period prior to the finalisation of the decision. The University must ensure that sufficient and relevant information is provided to the affected academic staff to allow them to understand the; extent and nature of the change proposal; reasons for making the change; timeframe for change; and, the details of likely staffing impacts, including possible redundancies and relocations.
34.5 The consultation shall commence as soon as possible after it becomes clear that a change is contemplated.
34.6 Academic staff members will be entitled to request the advice or assistance of their chosen staff representative(s), as applicable, at any stage of discussion of the change.
34.7 For the purpose of the consultations, University management shall provide the academic staff members likely to be affected and where requested their chosen staff representative(s) with sufficient information.
34.8 The University management shall allow sufficient time for the consultations and shall give consideration to matters raised by those affected and, where requested, their chosen staff representative(s) before reaching a definite decision. This process should normally be completed within a 5 week period.
34.9 All affected academic staff and, where requested, their chosen staff representative(s) will be advised of any changes subsequently recommended; the rationale for such changes; and will have an opportunity to comment on the recommendations.
34.10 The process of implementation of any recommendations resulting in changes will be in good faith and will proceed after such consultation.
34.11 Where changes are likely to lead to the need for forced retrenchment the University shall ensure that reasonable measures including:
34.11.1 all practical avenues of redeployment have been considered;
34.11.2 appropriate staff at the same level in similar categories of employment have been asked to consider voluntary redundancy to create redeployment opportunities;
34.11.3 all positions currently vacant or likely to become vacant in the near future (e.g. through retirement) have been considered as alternatives for redeployment;
34.11.4 exploring options for conversion to fractional employment.
34.12 Only after the above factors have been considered and any relevant procedures have been followed shall the University consider the use of forced retrenchment to adjust its staffing profile and shall act in accordance with Clauses 37 and 38.
34.13 Any disputes in relation to the application or operation of this Clause shall be dealt with under Clause 8.
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35 Contracting Out
Where the University proposes to enter into a contract with an outside organisation, including a University controlled entity, which would create a reduction in the amount of academic work currently undertaken by University academic staff, the following conditions will apply:
35.1 The University will consult with affected academic staff in accordance with Clause 34.
35.2 If the proposal has the intent of transferring a University academic staff member from the University to another employer, then the following conditions shall apply:
35.2.1 no academic staff member shall be forced to transfer to another employer;
35.2.2 if the academic staff member wishes to remain with the University, then the University will attempt to redeploy the staff member in accordance with Clause 37;
35.2.3 if the academic staff member wishes to leave the University but does not wish to go to the new organisation, the University will offer the staff member a Voluntary Separation in accordance with Clause 36;
35.2.4 if the provisions in sub-clauses 35.2.2. or 35.2.3. do not resolve the situation then the other general provisions of this Agreement will apply;
35.2.5 if a academic staff member wishes to transfer to another employer for a fixed period to continue their academic work, then the University may grant leave without pay, in accordance with Clause 55.
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36 Voluntary Separation
36.1 The University will make offers of voluntary separation as necessary, in accordance with this Agreement. Also, the University will consider expressions of interest from a member of academic staff who wishes to be considered for a voluntary separation at any time. Individual academic staff members shall have 8 weeks from receipt of a written offer of voluntary separation to decide whether to accept an offer of voluntary separation. Applications are confidential and no academic staff member shall be discriminated against because they have lodged an application or expression of interest.
36.2 The University may reject any application for voluntary separation where it considers that the academic staff member is necessary to its ongoing operations. Where an application is rejected by the University, the staff member concerned will not be forcibly retrenched without being made a further offer of voluntary separation.
36.3 If an application for voluntary separation is accepted, the academic staff member will receive:
36.3.1 a sum calculated at the rate of 2 weeks' salary per completed year of service with the University to a maximum entitlement of 52 weeks' salary;
36.3.2 payment on a pro rata basis for long service leave calculated on completed years of service;
36.3.3 six months' further employment from the date of acceptance of an application for voluntary separation;
36.3.4 in relation to the period of further employment the university shall, if the academic staff member requests and if the request is not totally impracticable, in the interests of the efficient administration of the institution, make payment to an academic staff member in lieu of all or part of this period of further employment as agreed between the University and that academic staff member;
36.3.5 all payments under this sub-clause are in lieu of any notice period, access to a scheme of redeployment or other retrenchment benefit in this Agreement.
36.4 Service for the purpose of voluntary separation and retrenchment entitlements shall include all continuous (non casual) employment with the University or its antecedent institutions and shall include parental leave with pay, recreation leave, long service leave, study leave and any other approved paid leave. Periods of approved leave without pay will not be regarded as a break in continuous service. Breaks of less than two months in service shall not be regarded as breaking continuous service but only the actual service will be counted for the purposes of this Clause.
36.5 The University shall not notify any academic staff member that his/her position is being retrenched until the voluntary separation has been declined. Any such retrenchment shall be in accordance with Clause 38.
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37 Redeployment
37.1 For those members of academic staff with continuing appointments that are in areas where the need for staff reductions has been identified, the University shall make all reasonable endeavours to redeploy them to another position within the University with equivalent salary. Such staff will be informed of any relevant vacancies; provided with position descriptions and selection criteria of those relevant vacancies; and, given an opportunity (5 working days) to express interest in and be considered for any relevant vacancy prior to advertisement.
37.2 Where an academic staff member applies for a position and can demonstrate to a selection committee that they are able to perform the duties satisfactorily in accordance with the relevant position classification standard, a transfer will be effected at the earliest possible mutually acceptable date. Where the staff member can demonstrate that they would be able to perform the duties within a reasonable period of retraining of up to a maximum of 2 years then approval of any such arrangement will be by the Vice Chancellor. Any reasonable costs associated with a program of retraining shall be reimbursed to the academic staff member.
37.3 Where the position is at a classification level less than the academic staff member's existing position, the academic staff member may apply for that position and shall have their salary maintained at the existing graded position for 2 years at which point it will revert to the salary level for the position held.
37.4 If an academic staff member is redeployed to a permanent position elsewhere in the University (i.e. involving a geographic relocation) and, as a consequence, it is not reasonably practicable for the staff member to remain in his or her existing residence, the academic staff member shall be entitled to all reasonable expenses associated with moving household to a new locality on the basis set out in the University's policy on Expenses In Cases Of Redeployment To Another Location.
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38 Retrenchment Provisions
38.1 Where the University has decided to terminate the employment of one or more academic staff members for reasons of an economic, technological, structural or similar nature, including:
38.1.1 a decrease in student demand or enrolments in any academic course or subject or combination or mix of courses or subjects conducted on one or more campuses;
38.1.2 a decision to cease offering or to vary the academic context of any course or subject or combination or mix of courses or subjects conducted on one or more campuses;
38.1.3 financial exigency within an organisational unit or cost centre; or
38.1.4 changes in technology or work methods;
and, where the University has followed the processes outlined in Clauses 34, 36 and 37 the Vice-Chancellor may formally advise in writing any academic staff member who has declined to accept an offer of voluntary separation or redeployment under this Agreement that the academic staff member is an excess staff member and will be retrenched.
Once the Vice-Chancellor has advised the academic staff member that they will be retrenched, no further offer of voluntary separation will be available to the staff member.
38.2 Prior to the retrenchment taking effect, an excess academic staff member shall be given further employment from the date of advice under sub-clause 38.1. The period of further employment will be dependent upon the staff member's age at the time of the advice and will be in accordance with the table below:
|
Age
|
Months
|
|
39 and under
|
6
|
|
40
|
7
|
|
41
|
8
|
|
42
|
9
|
|
43
|
10
|
|
44
|
11
|
|
45 and over
|
12
|
38.3 The period of further employment set out in sub-clause 38.2 above will be in addition to any period of notice specified in Clause 13 or any individual staff member's contract of employment.
38.4 The Vice Chancellor's decision shall be final, provided nothing in this clause shall be construed as excluding the jurisdiction of any court or tribunal which, but for this clause, would be competent to deal with the matter.
38.5 Benefits on Retrenchment
On retrenchment, a continuing staff member will receive the following amount of severance pay in respect of a continuous period of service.
|
Service
|
Severance Pay
|
|
Up to the completion of 2 years
|
4 weeks pay
|
|
2 years and up to the completion of 3 years
|
6 weeks pay
|
|
3 years and up to the completion of 4 years
|
7 weeks pay
|
|
4 years and over
|
8 weeks pay
|
38.6 An #145;excess' academic staff member may request a letter signed by the Vice-Chancellor certifying that he or she is the occupant of a position deemed to be surplus to the requirements of the University.
38.7 From the time an academic staff member receives notice under sub-clause 38.1 that they are an excess' staff member, he or she shall be entitled to reasonable leave as determined by the Vice-Chancellor with full pay to attend necessary employment interviews. Where expenses to attend such interviews are not met by the prospective employer, the academic staff member shall be entitled to reasonable travel and other incidental expenses incurred in attending such interviews as determined by the Vice-Chancellor.
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39 Severance Payments - Fixed Term Contracts
39.1 A fixed term academic staff member, other than an academic staff member who is employed in a fixed-term contract as a replacement staff member or in a fixed term pre-retirement contract, whose contract of employment is not renewed in circumstances where the academic staff member seeks to continue the employment shall be entitled to a severance payment, in accordance with the Schedule in sub-clause 39.1.2 below, in the following circumstances:
39.1.1 The academic staff member is employed on a second or subsequent fixed term contract and the same or substantially similar duties are no longer required by the University; or
39.1.2 The academic staff member is employed on a fixed term contract and the duties of the kind performed in relation to work continue to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties.
|
Period of continuous service
|
Severance Pay
|
|
Less than 1 year
|
Nil
|
|
1 year and up to completion of 2 years
|
4 weeks' pay
|
|
2 years and up to the completion of 3 years
|
6 weeks' pay
|
|
3 years and up to the completion of 4 years
|
7 weeks' pay
|
|
4 years and up to the completion of 5 years
|
8 weeks' pay
|
|
5 years and up to the completion of 6 years
|
10 weeks' pay
|
|
6 years and up to the completion of 7 years
|
11 weeks' pay
|
|
7 years and up to the completion of 8 years
|
13 weeks' pay
|
|
8 years and up to the completion of 9 years
|
14 weeks' pay
|
|
9 years and up to the completion of 10 years
|
16 weeks' pay
|
|
10 years and over
|
18 weeks' pay
|
39.2 Where the University advises an academic staff member in writing that further employment may be offered within six weeks of the expiry of a period of fixed-term employment, then the University may defer payment of severance benefits for a maximum period of four weeks from the expiry of the period of fixed term employment.
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PART 7: TERMINATION & DISCIPLINARY MATTERS
40 General
40.1 Other than as provided for in Clauses 21 and 22, all decisions to discipline or terminate the employment of an academic staff member can only be taken by the Vice Chancellor in accordance with Parts 6 and 7 of this Agreement.
40.2 The University must not terminate the employment of an academic staff member unless the staff member has been given notice and/or compensation as required under Clause 13 provided that the University may terminate without notice the employment of an academic staff member found to have engaged in conduct of a kind envisaged in Section 170CM (1)(c) of the Workplace Relations Act 1996 such that it would be unreasonable to require the University to continue employment during a period of notice.
40.3 An academic supervisor must make every reasonable effort to resolve instances of possible misconduct or unsatisfactory performance through guidance, counselling and appropriate academic staff development, or appropriate work allocation before a possible report to the Vice Chancellor under Clauses 41 or 42.
40.4 In cases involving misconduct, disciplinary action shall be limited to the scope of sub-clauses 40.5.2.1 to 40.5.2.3.
40.5 Definitions
40.5.1 "Termination of Employment" means termination of employment at the initiative of the University.
40.5.2 "Disciplinary Action" means action by the University to discipline a member of academic staff for unsatisfactory performance, misconduct or serious misconduct and is limited to:
40.5.2.1 formal censure or counselling;
40.5.2.2 demotion by one or more classification levels or increments;
40.5.2.3 suspension with or without pay;
40.5.2.4 termination of employment.
40.5.3 "Serious Misconduct" shall mean:
40.5.3.1 serious misbehaviour of a kind that constitutes a serious impediment to the carrying out of an academic staff member's duties or to an academic's colleagues carrying out their duties;
40.5.3.2 conviction by a court of an offence that constitutes a serious impediment of the kind referred to above;
40.5.3.3 serious dereliction of the duties required of the academic office.
40.5.3.4 repeated instances of proven misconduct.
40.5.4 "Misconduct" shall mean conduct that is not serious misconduct but which is nonetheless conduct that is unsatisfactory.
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41 Managing Unsatisfactory Performance
41.1 Other than as provided for under Clauses 21 and 22, where a supervisor forms the view that an academic staff member's performance is not satisfactory, the provisions of this Clause must be followed.
41.2 Where a supervisor is of the view that the performance of an academic staff member is not satisfactory, the supervisor must:
41.2.1 inform the academic staff member that action is being taken in accordance with this Clause;
41.2.2 advise the academic staff member on the nature of the improvement required and the time within which reasonable improvement is expected; and
41.2.3 make a record of the advice given and provide a copy to the academic staff member.
An academic staff member where requested may choose to be accompanied by a staff representative of their choice at any meeting convened in accordance with this Clause.
41.3 Where a supervisor believes that the processes referred to above have not produced the desired improvements in performance, the supervisor will make a report to the Dean and, at the same time, provide a copy to the academic staff member, who may choose to make a response to the Dean within 5 working days of receipt of the report.
41.4 Following the receipt of the report, the Dean will meet with the academic staff member who will give the staff member an opportunity to speak to their response prior to reviewing the report. At this point the academic staff member may also request that the Dean seek input from up to three (3) of the academic staff members peers in the Faculty.
41.5 The Dean after taking into account any response provided by the academic staff member including any mitigating circumstances and any comments by the staff members academic peers may decide, within 5 working days, to either refer the matter back to the supervisor for a further review period in accordance with sub-clause 41.2 or refer the report to the Vice-Chancellor. The report will state clearly the aspects of performance viewed as unsatisfactory and the record of attempts to remedy the unsatisfactory performance.
41.6 The supervisor shall provide the academic staff member with a copy of the report at the time it is submitted. The academic staff member shall be entitled to 10 working days to submit to the Vice-Chancellor a written response to the supervisor's report.
41.7 The Vice Chancellor may then decide to:
41.7.1 take no further action;
41.7.2 refer the matter back to the supervisor to ensure that the process referred to in this clause is complied with in substance and in a manner appropriate to the circumstances;
41.7.3 take disciplinary action.
41.8 If the Vice-Chancellor approves disciplinary action, a meeting will be held between the academic staff member and Personnel. The academic staff member may request a staff representative of their choice to attend as a support person. The Dean or Director will be in attendance. The academic staff member will be advised in writing of the disciplinary action, including the reason and the date of effect.
41.9 If within 5 working days of this written advice, the Vice-Chancellor receives from the academic staff member, a written request for a review of the decision, the Vice-Chancellor shall refer the matter to a Review Committee constituted in accordance with Clause 44. The terms of reference of the Committee shall be to report on whether the process set out in this Clause has been followed
41.10 The Committee shall:
41.10.1 provide an opportunity for the academic staff member to be interviewed by it and ensure that he/she has received the benefits of the process outlined in this Clause. The Committee may take into account such further materials as it believes appropriate to substantiate or otherwise whether the process in this Clause has been followed;
41.10.2 interview any person it thinks fit to establish the nature of the process which has been followed;
41.10.3 conduct proceedings as expeditiously as possible consistent with the need for fairness;
41.10.4 conduct proceedings in camera and as a committee of inquiry;
41.10.5 take into account such further material as it believes appropriate to assess the process followed in the case.
41.11 The Committee shall provide a report to the Vice-Chancellor and the academic staff member as soon as is practicable following the conclusion of Committee proceedings, but in any case within 15 working days.
41.12 If the Committee concludes that the process set out in this Clause was not properly followed, the Vice-Chancellor shall reconsider his/her decision but may first take such steps to remedy the perceived unfairness as may seem to him/her reasonable.
41.13 The action of the Vice-Chancellor under this Clause shall be final, except that nothing in this Clause shall be construed as excluding the jurisdiction of any external court or tribunal which, but for this sub-clause, would be competent to deal with the matter.
41.14 If the disciplinary action to be undertaken is in the form of dismissal from the University, any required notice period will be paid out in lieu of notice.
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42 Misconduct and Serious Misconduct
42.1 Where a matter which may involve misconduct or serious misconduct has been dealt with in good faith as if it were a case of unsatisfactory performance under Clause 41 , the procedures of this Clause are not required, but the provisions of Clause 41, including notice periods and review procedures must be followed.
42.2 Any allegation of misconduct/serious misconduct shall be considered by the Vice-Chancellor. If the Vice-Chancellor believes such allegations warrant further investigation, the Vice Chancellor shall:
42.2.1 notify the academic staff member in writing and in sufficient detail to enable the academic staff member to understand the precise nature of the allegations and to properly consider and respond to them;
42.2.2 require the academic staff member to submit a written response within 10 working days.
42.3 At the time of notifying the academic staff member in accordance with sub-clause 42.2, the Vice-Chancellor may suspend the staff member on full pay, or may suspend the staff member without pay if the Vice-Chancellor is of the view that the alleged conduct amounts to conduct of a kind envisaged in section 170CM (1) (c) of the Workplace Relations Act 1996 such that it would be unreasonable to require the University to continue employment during a period of notice. Provided that:
42.3.1 Where suspension without pay occurs at a time when the academic staff member is on paid leave of absence, the staff member shall continue to receive a salary for the period of the leave of absence;
42.3.2 the academic staff member may engage in paid employment or draw on any recreation leave or long service leave credits for the duration of the suspension without pay;
42.3.3 the Vice-Chancellor may at any time direct that salary be paid on the ground of hardship;
42.3.4 where a suspension without pay has been imposed and the matter is subsequently referred to a committee, the Vice-Chancellor shall ensure that a committee at its first meeting determines whether suspension without pay should continue and that committee shall have the power to revoke such a suspension from its date of effect.
42.4 If the allegations are denied by the academic staff member and the Vice-Chancellor is of the view that there has been no misconduct or serious misconduct he/she shall immediately advise the staff member in writing, and may, by agreement with the academic staff member, publish the advice in an appropriate manner.
42.5 If the allegations are admitted in full by the academic staff member and the Vice-Chancellor is of the view that the conduct amounts to misconduct or serious misconduct, the Vice-Chancellor shall advise the staff member in writing of the Vice-Chancellor's decision and the operative date of the disciplinary action.
42.6 If the allegation is denied in part or in full or if the academic staff member has not responded to the allegations, the Vice-Chancellor shall refer the matter to a committee in accordance with the provisions of sub-clause 42.9, unless:
42.6.1 the Vice-Chancellor decides to take no further action or counsel or censure the academic staff member for unsatisfactory behaviour and take no other action;
42.6.2 the academic staff member elects to have the allegations investigated by an independent Investigating Officer appointed by the Vice Chancellor after consultation with the academic staff member;
42.6.3 the academic staff member has elected in writing to have the Vice Chancellor or nominee, determine the disciplinary action without reference to a Committee or Investigating Officer.
42.7 During any period of suspension the academic staff member may be excluded from the University, provided that he or she shall be permitted reasonable access to the University for the preparation of his or her case and to collect personal property.
42.8 Nothing in this Agreement implies an inability to deny pay during a period of strike or lockout or where an academic staff member is not ready, willing and able to carry out duties.
42.9 Where a matter is referred to a committee it shall be constituted in accordance with Clause 44.The Vice-Chancellor shall convene the committee within 10 working days where practicable.
42.9.1 The committee or investigating officer shall:
42.9.1.1 provide an opportunity for the academic staff member to be interviewed by it and ensure that he/she has adequate opportunity to answer the allegations;
42.9.1.2 conduct all interviews in the presence of the academic staff member and/or where requested the staff member's chosen staff representative and the Vice-Chancellor or his or her representative and keep a tape record of the proceedings (but not deliberations), which shall be available on request to either party;
42.9.1.3 allow the academic staff member where requested and the Vice-Chancellor each to be assisted or represented by a staff representative of his or her choice (but not if such a person is a currently practising solicitor or barrister) and for them to have the right to ask questions of interviewees and make submissions and to present and challenge evidence;
42.9.1.4 conduct proceedings in camera unless otherwise agreed as expeditiously as possible consistent with the need for fairness and the abili
