UNIVERSITY OF WOLLONGONG
(ACADEMIC STAFF)
ENTERPRISE AGREEMENT 2005

7. Staff Consultation and Representation

8. Disputes Resolution Procedure

8.1 If during the operation of this Agreement, except in the case of a matter that affects the health and safety of employees, a clear emergency or a matter otherwise specifically exempted within the provisions of this Agreement, a dispute arises as to:

8.1.1 the operation of the provisions of this Agreement;

8.1.2 the interpretation of the meaning or application of any provisions of this Agreement ;

8.1.3 actions in relation to the operation of this Agreement;

8.2 the following procedures shall apply:

8.2.1 In the first instance, academic staff members are encouraged to seek to resolve with their supervisor any matter arising that may be in dispute. It is reasonable to expect that the supervisor will respond within 3 working days.

8.2.2 If the matter in dispute cannot be resolved or in the academic staff member(s) opinion it is not appropriate to be raised under 8.2.1 above, then the academic staff members(s) may seek to resolve the matter with the supervisor's supervisor. Again, it is reasonable to expect that the supervisor will respond within 3 working days.

8.2.3 If the matter in dispute cannot be resolved or, in the academic staff member(s) opinion it is inappropriate to be resolved in accordance with 8.2.1 or 8.2.2 above, it should be referred to University management. If the staff member chooses to utilise this step in the procedure, they must normally do so within 3 working days of the completion of their attempt to resolve the matter under 8.2.2 above. University management must meet with the staff member(s) who have initiated this step in the procedure and they shall discuss the matter and attempt to reach agreement. University management must give them a reasonable opportunity to explain the matter in dispute and the outcome they are seeking. This meeting must occur within one week of this step being activated. The staff member(s) views will be considered and a response provided within 3 working days of the meeting.

8.2.4 Any resolution shall be recorded in writing.

8.2.5 Until such time as procedures described in this clause have been completed:

8.2.5.1 work shall continue in the normal manner;

8.2.5.2 no strikes, bans, or lockouts shall be implemented;

8.2.5.3 the University shall maintain the pre-existing work, staffing or organisation of work arrangements.

8.2.6 At any stage during this process the academic staff member(s) may choose to be assisted or represented by a staff representative of their choice.

8.3 Should the dispute not be resolved by the processes referred to in this clause, the matter may be referred by either party to the dispute to the Australian Industrial Relations Commission for conciliation or arbitration in resolving the dispute. A decision of the Commission shall be accepted by the parties to the dispute as final and shall be implemented. If such a referral is not made within ten working days after the process described under 8.2.3 above is completed then, notwithstanding the provisions under 8.2.5.3 above work shall continue in accordance with the reasonable direction of the university provided that neither party to the dispute shall be prejudiced in the resolution of the dispute.

10.1 Salary increases have been made prior to the certification of this Agreement of 3% from 1 March 2004, 2.33% from 1 October 2004, 3% from 1 March 2005 and 2.33% from 1 October 2005.

10.2 This Agreement provides for salary increases of 3% from 1 March 2006, 1.34% from 30 June 2006, 1% from 1 October 2006, 3% from 1 March 2007, 2% from 1 October 2007 and 3% from 1 March 2008.

10.3 The salaries for academic staff at the University, which reflect the above increases, are set out in Schedule 1 for continuing and fixed-term academic staff. Academic staff will be paid in accordance with the Schedule at the rate which corresponds with their level of appointment. The rates for casual (part-time non-fractional) employees, effective from the dates shown are contained in Schedule 2.1 and Schedule 2.2. The rates in Schedule 2.2 come into affect from the first full pay period on or after the date of certification of this Agreement. The rates in Schedule 2.1 and Schedule 2.2 of this Agreement incorporate a loading that is in lieu of all leave benefits under this Agreement and Public Holidays. The rates in Schedule 3 apply to continuing and fixed-term academic staff where they are doing additional work which exceeds the academic staff member's agreed workload allocation as provided for under Clause 24.

11. Salary Packaging (Flexible Remuneration)

11.1 Notwithstanding the salary rates for various classifications in this Agreement, an academic staff member may enter an agreement for an individual remuneration package, pursuant to this Clause, which may result in their salary component being reduced provided that:

11.1.1 The combined package of benefits including liability for fringe benefits tax, if any, and any administrative costs or charges, and the reduced salary is equivalent to the salary prescribed in this Agreement for that academic staff member; and

11.1.2 The academic staff member will be required to enter into an agreement with the University with terms and conditions that include:

11.1.2.1 The superannuable salary for both the rate of contribution and benefit purposes is calculated by reference to the salary specified in this Agreement.

11.1.2.2 For periods of paid leave the staff member retains the reduced salary and benefits.

11.1.2.3 Any additional remuneration is treated as additional salary but is not taken into account for superannuation purposes other than for fulfilling the University's obligations under superannuation guarantee provisions.

11.1.2.4 The academic staff member shall be entitled to withdraw from, or renegotiate any salary and benefits package by notice in writing on the occurrence of any of the following:

11.1.2.4.1 Where any change to laws affecting all or some of the elements of the salary and benefits package involves a financial disadvantage to the staff member if they continued the salary and benefits package;

11.1.2.4.2 Where a staff member proceeds on a period of leave without pay for any period greater than 5 working days; or

11.1.2.4.3 Any other events or circumstances approved by the University and where 4 weeks notice in writing is provided.

11.2 Any withdrawal from any agreement by the staff member in accordance with this Clause shall be notified in writing to the University.

11.3 The University will not be responsible for any loss or disadvantage suffered by the academic staff member arising from:

11.3.1 The cessation of any benefits payments;

11.3.2 Any variation to the terms and conditions on which salary and benefits are provided, subject to the provisions of sub-clause 11.1.2;

11.3.3 The termination of an individual remuneration package by either party, unless otherwise specified in this Agreement;

11.4 The University will exercise its best endeavours to avoid or minimise any such loss which it becomes aware of or which may arise.

11.5 In addition, the University will be entitled to recover any payment of salary and benefits paid in advance.

12. Superannuation

12.1 Access to superannuation for all new academic staff members is defined in terms of expected employment period, and is as follows:

12.1.1 appointments of less than 2 years or less than a 50% fraction of full-time: staff member not required to join contributory superannuation. University required to meet mandatory superannuation provisions (Superannuation Guarantee Charge); or

12.1.2 appointments of two years or more and 50% fraction or more: staff member required to contribute at full rates (7% of staff member's salary #145;employee contributions'). University required to contribute at full rates (17% of staff member salary #145;employer contributions').

12.2 Subject to sub-clause 12.3 below the University's default superannuation provider is #145;UniSuper'.

12.3 With the enactment of Superannuation Legislation Amendment (Choice of Funds) Act 2004, notwithstanding sub-clause 12.2 above, academic staff will be offered freedom of choice in respect of fund membership and all superannuation contributions. The University will make contributions to any complying superannuation fund in accordance with the rates required in sub-clause 12.1 above.

12.4 If the University's default superannuation provider #145;Unisuper' makes amendments to the rules governing its contributory superannuation plans to provide flexibility in respect of the requirement for a member to contribute a 7% #145;employee contribution' the requirement under this clause for mandatory #145;employee contributions' as set out in 12.1.2 above will cease from the date of effect of the changes to the Unisuper rules.

13.1 Where an academic staff member's employment is terminated by the University the notice periods provided under sub-clauses 13.5 and 13.6 of this Clause shall apply in all cases except where the provisions of Clauses 22 - Probationary Appointments or 43 - Termination of Employment on the Grounds of Ill Health apply. Where the notice period in an individual academic staff member's contract of employment is greater than that provided for in this Clause, that greater period shall apply.

13.2 The University must not terminate an academic staff member's employment unless:

13.2.1 the staff member has been given the required period of notice; or

13.2.2 the staff member has been paid the required amount of compensation instead of notice; or,

13.2.3 where the staff member is guilty of serious misconduct, that is, misconduct of such a nature that it would be unreasonable to require the University to continue the employment of the staff member concerned during the required period of notice.

13.3 An academic staff member must not resign from his/her employment unless the University has been given the required period of notice specified in sub-clause 13.5 or in the individual staff member's contract of employment, whichever is the greater.

13.4 The University shall provide an academic fixed-term staff member, other than a fixed-term staff member;

13.4.1 who is replacing a continuing staff member for a definable period on authorised leave or temporary secondment; or,

13.4.2 who is occupying a position pending the outcome of recruitment action; or,

13.4.3 who is employed on a pre-retirement contract

written notice of the University's intention to renew, or not to renew, employment upon the expiry of the contract. Such notice shall be as set out in sub-clause 13.5 below.

13.5 The required period of notice is as follows:

For employment of:	Notice
Not more than 1 year:	at least 1 week
More than 1 year but not more than 3 years:	at least 2 weeks
More than 3 years but not more than 5 years:	at least 3 weeks
More than 5 years:	at least 4 weeks

13.6 The period of notice should be increased by 1 week if the academic staff member is over 45 years old and has completed at least 2 years of continuous service with 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:

Type and Duration of Appointment	Period
Fixed-term of less than 3 years	up to 6 months
Fixed-term of 3 years or less than 4 years	up to 12 months
Fixed-term of 4 years or more	up to 18 months
Continuing	up to 2 years

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 ability for all parties to adequately present their case;

42.9.1.5 interview any person they think fit to establish the merits or facts of the particular case and take into account such further material as they believe appropriate to the case;

42.9.1.6 make a report available to the Vice-Chancellor and the academic staff member as soon as reasonably possible; and

42.10 The terms of reference of the committee or investigating officer are to report on the facts relating to the alleged misconduct or serious misconduct, including whether any mitigating circumstances are evident.

42.10.1 The committee or investigating officer shall provide a report to the Vice-Chancellor and the academic staff member as soon as is practicable following the conclusion of proceedings.

42.10.2 On receipt of the report of the committee or investigating officer, and having considered its findings on the facts related to the alleged misconduct or serious misconduct, the Vice-Chancellor may take disciplinary action. Where the disciplinary action is to terminate the academic staff member, the academic staff member will be provided with notice or payment in lieu of notice as provided for under Clause 13 provided that the University may terminate without notice the employment of an academic 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.

42.10.3 If, having considered the committee's findings on the facts relating to the alleged misconduct or serious misconduct, the Vice-Chancellor is of the view that there has been no misconduct or serious misconduct, he/she shall immediately advise the academic staff member in writing, and may, by agreement with the staff member, publish the advice in an appropriate manner.

42.10.4 Where an academic staff member has been suspended without pay pending the decision of the Vice-Chancellor, then any lost income shall be reimbursed if there was no misconduct or serious misconduct. However, a decision taken by the Vice-Chancellor in his or her discretion not to dismiss or impose another penalty shall not be construed as an admission that there was no conduct justifying suspension without pay.

42.10.5 This Clause in no way constrains the University from carrying out other or further investigations relating to the consequences of conduct of an academic staff member or former staff member when required in the public interest, eg inquiring into the truth of research results.

42.10.6 All actions of the Vice-Chancellor under this Clause shall be final, except that nothing in this sub-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.

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43 Termination of Employment on the Grounds of Ill Health

43.1 The Vice-Chancellor may require, in writing, any academic staff member whose capacity to perform the duties of his or her office is in doubt to undergo a medical examination by a medical practitioner chosen by the University at the expense of the University.

43.2 The Vice-Chancellor shall provide an academic staff member with written notice of not less than 2 months that a medical examination is required. Where the staff member elects to apply to the staff member's superannuation fund, prior to the expiry of the period of notice, for ill-health retirement or temporary disability benefit pursuant to the rules of the superannuation fund, the requirement for a medical examination under sub-clause 43.1 hereof shall lapse forthwith and no further action shall, subject to sub-clause 43.3 , be taken by the Vice-Chancellor under this clause.

43.3 Where the superannuation fund decides that the academic staff member, following a period of receipt of a temporary disability benefit, is capable of resuming work and the Vice-Chancellor elects to dispute this decision, the Vice-Chancellor may proceed in accordance with this clause without further recourse to the provisions of sub-clause 43.2.

43.4 A copy of the medical report made by the medical practitioner pursuant to sub-clause 43.1 shall be made available to the Vice-Chancellor and to the academic staff member.

43.5 If the medical examination reveals that the academic staff member is unable to perform his or her duties and is unlikely to be able to resume them within a reasonable period, being not less than 12 months, the Vice-Chancellor may, subject to sub-clause 43.6 , terminate the employment of the staff member in accordance with the notice required by the academic staff member's contract of employment or where no notice is specified, a period of 6 months. Prior to taking action to terminate the employment of an academic staff member, the Vice-Chancellor may offer the academic staff member the opportunity to submit a resignation and, if such a resignation is offered, shall accept it forthwith and not proceed with action to terminate employment.

43.6 If within 14 days of the report being made available, the academic staff member or a person acting on their behalf so requests, the Vice-Chancellor shall not terminate the employment of the academic staff member in accordance with sub-clause 43.5 unless and until the findings of the report are confirmed by an independent medical practitioner nominated by the President of the relevant college of specialists. The nominated medical practitioner shall not include the practitioner who made the initial report. Where there is disagreement about what the relevant college of specialists is, then the matter will be referred to the President of the RCOP.

43.7 In making an assessment as to whether or not an academic staff member is unable to perform his or her duties and is unlikely to be able to resume them within a reasonable period, the medical practitioner appointed pursuant to this Clause shall as far as possible apply the same standards as are used by the academic staff member's superannuation scheme, if any, in determining qualification for the payment of a disablement pension or other similar benefit.

43.8 These provisions shall not displace or override the workers compensation scheme, including WorkCover, or the provisions contained in any workers compensation legislation that may be enacted.

43.9 A Vice-Chancellor may construe a failure by an academic staff member to undergo a medical examination in accordance with these procedures within 3 months of a written notification to do so as prima facie evidence that such a medical examination would have found that the staff member is unable to perform his or her duties and is unlikely to be able to resume them within 12 months, and may act accordingly; provided that such a refusal by an academic staff member in these circumstances shall not constitute misconduct nor lead to any greater penalty or loss of entitlements than would have resulted from an adverse medical report.

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44 Review Committees

44.1 The Committees referred to in sub-clauses 22.7, 41.9 and 42.6 shall consist of three members as follows:

44.1.1 an academic staff member from within the University chosen by the Vice-Chancellor;

44.1.2 an elected staff representative chosen by the affected staff member from the pool of elected staff representatives established under this Clause.

44.1.3 a chairperson chosen by the Vice-Chancellor from the pool of chairpersons established under this Clause.

In choosing the academic staff member and chairperson the Vice Chancellor will also have regard to attempting to ensure that both genders are represented on a committee.

44.2 The University will establish a pool of four (4) elected staff representatives, elected by and from the academic staff covered by this Agreement for the purposes of providing a choice of elected staff representatives for the committees referred to above.

44.2.1 The elected staff representatives to this pool will be elected for a term of two (2) years.

44.2.2 The process for election of the elected staff representatives will be consistent with Schedule 1 of the University's By-law.

44.3 The University will establish a pool of four (4) chairpersons for the purposes of providing chairpersons for the committees referred to above. The pool of chairpersons will be approved by the University's Administrative Committee of Council following consultation with the Staff Consultative Committee.

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PART 8: LEAVE

45 Preamble

The leave provisions of this Agreement do not apply to persons engaged as casual employees by the University.

46 Annual Leave

46.1 There shall be a leave year commencing 1 January and concluding 31 December each year.

46.2 Academic staff members accrue an annual leave entitlement on full pay at the rate of 4 weeks per year of service. Any public holidays or University concessional days are additional to this entitlement.

46.3 Academic staff who work for a period less than 12 months are entitled to annual leave on a pro rata basis.

46.4 Where at all possible, annual leave is to be taken in non-teaching periods. However, subject to satisfactory arrangements being agreed with the relevant Head of Unit in regard to teaching, research and administrative responsibilities, annual leave may be taken during teaching periods.

46.5 Annual leave will be assumed to have been taken on completion of each leave year. However, if an academic staff member is not able to take the full amount of annual leave, accrued leave may be taken within a period of 12 months subject to arrangements being agreed with the Head of Unit.

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47 Annual Leave Loading

47.1 Annual leave loadings will be paid on the first pay day in December each year based on the proportion of the leave loading year (1 January to 31 December) worked by the academic staff member at the ordinary rate of pay as at 31 December of the leave loading year.

47.2 Academic staff members shall be granted an annual leave loading equivalent to 17.5% of four weeks' ordinary salary as at 31 December provided that the loading payable shall not in any case exceed the amount of $995 (based on a salary of $74,227) which shall be fully indexed to annual percentage increases in the ABS' Average Weekly Total Earnings of all males (Australia) over the 12 months preceding the May quarter of each year.

47.3 Upon resignation or termination by the University, for any reason other than misconduct, a staff member who has not been paid an annual leave loading will be paid the loading.

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48 Sick Leave Entitlements

Subject to Clause 49, sick leave entitlements for academic staff members are as follows:

48.1 on appointment, 6 weeks sick leave with pay.

48.2 on completion of 1 year's service, additional sick leave shall accrue on the basis of 3 weeks sick leave with pay per subsequent completed year of service,

48.3 A maximum accumulation of 26 weeks sick leave with pay less any recorded sick leave taken.

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49 Approval of Sick Leave

49.1 An academic staff member who is sick and unable to attend for work should notify their Head of Unit as soon as possible.

49.2 Sick leave absences of 1 working week or less are not required to be supported by a certificate by a medical practitioner as to the nature of the illness or incapacity involved and shall not be recorded centrally.

49.3 For all sick leave absences in excess of 1 working week, a certificate by a medical practitioner as to the nature of the illness or incapacity involved may be required.

49.4 All sick leave absences in excess of 2 weeks shall be supported by a current certificate by a medical practitioner as to the nature of the illness or incapacity involved and shall be recorded.

49.5 Sick leave absences in excess of 2 weeks but no more than 8 weeks are subject to approval by the Dean of Faculty.

49.6 Sick leave absences in excess of 8 weeks but no more than 16 weeks are subject to approval by the Deputy Vice Chancellor (Operations).

49.7 Sick leave absences in excess of 16 weeks are subject to approval by the Vice Chancellor.

49.8 The approval of sick leave in excess of 16 working weeks is subject to the discretion of the Vice Chancellor to require an independent medical examination.

49.9 Any application for sick leave in excess of accumulated sick leave entitlements will be referred to the Vice-Chancellor for consideration.

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50 Long Service Leave

50.1 Academic staff members, other than casual employees, shall be eligible for long service leave (LSL) based on service with the University (whether continuous or broken) as follows;

50.1.1 After 10 years service to 65 working days on full pay or 130 working days leave on half pay.

50.1.2 For service between 10 years and 15 years leave shall accrue proportionately on the basis of sub-clause 50.1.1.

50.1.3 For service in excess of 15 years leave pro-rata at a rate of 11 working days per year of service.

50.1.4 Where an academic staff member has completed at least 5 years continuous service, but less than 10 years continuous service and the staff member's fixed term contract comes to an end due to the effluxion of time or the staff member's services are terminated by the University for any reason other than serious and wilful misconduct, or by the academic staff member on account of illness, incapacity, or domestic or other pressing necessity, or by reason of death of the staff member, such staff member shall be entitled to a proportionate amount of long service leave on the basis of 65 working days for 15 years service.

50.2 The quantum of LSL accrues pro rata for fractional academic staff members and is taken on an equivalent basis. Academic staff members who have a combination of full time and fractional employment shall have their accrual calculated at the equivalent rate for each different period of full time and fractional employment.

50.3 Public holidays and University concessional days do not count as days worked during periods of LSL.

50.4 An academic staff member who has qualified for LSL shall be entitled to take LSL at a time of his or her choosing, provided that:

50.4.1 at least six months written notice of such leave is given or, in the absence of such notice, the Vice-Chancellor consents; and,

50.4.2 the minimum period of LSL that can normally be taken at any one time is 5 working days. Should a public holiday fall during a period of long service leave, the public holiday will count towards the minimum period.

50.5 Where an academic staff member has accumulated a LSL entitlement in excess of 100 working days, the Vice-Chancellor may give the staff member written notice to take up to 65 working days of such leave, at a time convenient to the University. Provided that:

50.5.1 such leave shall be taken at a time agreed between the academic staff member, Head of Unit and Dean in view of the requirements of the University;

50.5.2 if an agreement is not reached, the Vice-Chancellor shall give the academic staff member written notice of at least 12 months of the date on which leave must commence;

50.5.3 the academic staff member shall not be directed to take LSL during the January vacation period or within 24 months of the intended date of retirement of the staff member;

50.5.4 the minimum period of leave the University can require an academic staff member to take shall be 30 working days;

50.5.5 in any case where an academic staff member has taken leave pursuant to this sub-clause the Vice-Chancellor shall not require the staff member to take a further period of LSL for a period of 2 years after the end of that period of leave.

50.6 If an academic staff member has an entitlement to LSL under sub-clauses 50.1.1 to 50.1.3, but prior to entering upon such leave has their employment terminated by dismissal or by notice duly given by either party, they shall be entitled to receive the monetary value of the leave at credit computed at the rate of salary which such staff member was receiving immediately prior to the termination of employment.

50.7 The monetary value of all LSL for which the staff member was eligible at the time of death shall be paid to their estate or as required by law, unless paid by the University to the staff member's widow or widower or to the guardian of the infant children of the staff member.

50.8 For the purpose of calculating service in respect of sub-clause 50.1

50.8.1 any periods of leave without pay, except parental leave, shall not count as service when determining whether an academic staff member has completed 10 years service;

50.8.2 any periods of leave without pay, except parental leave, prior to completing 10 years service shall not count as service for the purposes of LSL;

50.8.3 any period of leave without pay not exceeding six months shall count for LSL purposes where an academic staff member has completed 10 or more years service but where such period of leave without pay exceeds 6 months, the whole period of leave without pay shall not count as service.

50.9 Eligibility for LSL shall be determined taking into account prior continuous full time paid service with any other Australian University provided that:

50.9.1 if an academic staff member has availed themself of LSL or is eligible to be paid or has been paid in lieu of LSL by the releasing University, they will not accrue any entitlement to leave for the period of service with the releasing University for which leave has been paid or for which there is eligibility for payment, but subject to these conditions such a period shall be included as qualifying service for determining when they are eligible to take LSL;

50.9.2 there is not more than two months between the cessation of employment with a releasing University and the commencement of employment with a receiving University, in which case continuity of service will be deemed not to have been broken for the purposes of long service leave, however the period between the two contracts of employment shall not be taken into account in determining length of service for LSL;

50.9.3 the academic staff member will be required to serve at least 3 years with the University before being permitted to take accrued LSL or be paid in lieu on termination of employment, except that in eligible cases, payment in lieu of such leave will be made when an academic staff member dies or receives an invalid or breakdown pension under the rules of the appropriate superannuation fund;

50.9.4 these conditions will not apply to persons accepting short-term appointments at the receiving University. However when a person is given an appointment which is not short-term full recognition for all prior continuous service will be given in accordance with these conditions.

50.10 In implementing this Clause, academic staff members existing balances of LSL will be converted to working days by taking their existing calendar day balance and multiplying it by 5 then dividing it by 7. For administrative purposes LSL will be accrued and debited in hours.

51 Special Leave

Academic staff members shall be entitled to special leave with pay for the following purposes:

51.1 To provide care in the event of illness of any person with whom the academic staff member has any kinship or affective relationship and for whom the staff member has primary care responsibilities.

An academic staff member, if required, shall establish by production of a medical certificate or statutory declaration, the illness of the person concerned. In the event of a dispute as to the validity of a claimed relationship or responsibility of care, the dispute shall be referred to the Director, EE&D for recommendation.

51.2 On account of the death or imminent death of any person with whom the academic staff member can argue a significant affective bond.

51.3 Attendance at or making arrangements in regard to the funeral of any person described in sub-clause 51.1 above.

51.4 On account of special and emergency situations, where in the opinion of the Head of Unit such leave should be granted.

51.5 For ceremonial or religious purposes an academic staff member, if required, shall establish by production of a statutory declaration, the nature of the purpose. In the event of a dispute as to the validity of a claimed absence, the dispute shall be referred to the EEO Officer for recommendation.

51.6 For moving residence as the result of relocation to the University.

51.7 For training in employment conditions and related matters if it is convenient to do so.

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52 Parental Leave

52.1 Parental Leave

52.1.1 A permanent or fixed-term academic staff member shall be entitled to Parental Leave in accordance with the provisions of this Clause if they have completed at least forty (40) weeks continuous paid service with the University prior to the commencement of any Parental Leave. Permanent and fixed-term academic staff who are not entitled to Parental Leave may make an application for leave without pay which will be dealt with on a case by case basis.

52.1.2 Casual employees shall not be entitled to Parental Leave.

52.1.3 Parental Leave is a broader leave description that encompasses:

52.1.3.1 Maternity Leave

52.1.3.2 Partner Leave

52.1.3.3 Adoption Leave

52.1.3.4 Foster Parent Leave

52.1.4 Fractional academic staff members entitled to Parental Leave shall receive such entitlement on a pro-rata basis in proportion to the fraction of their employment.

52.1.5 Academic staff members shall make an application for Parental Leave at least four (4) weeks prior to the proposed commencement of Parental Leave. Such application shall include the intended commencement date, the intended date of return to work and intended pattern of work on such return.

52.1.6 The University shall confirm Parental Leave arrangements in writing prior to the commencement of leave.

52.1.7 Academic staff members are required to provide a medical certificate nominating the anticipated date of birth or a statutory declaration demonstrating a parental relationship to the child. In cases where both parents are in employment, a statutory declaration setting out the leave arrangements made with their respective employers is required. If the academic staff member is the only parent employed the statutory declaration should state this fact.

52.1.8 Where paid Parental Leave is applicable then payment shall be made in accordance with the University's normal pay periods (which are currently fortnightly). No lump sum payments will be made.

52.1.9 In lieu of unpaid Parental Leave an academic staff member may apply to take accrued annual and/or long service leave that would otherwise be available. Such leave will be deemed to be time taken as Parental Leave. Parental Leave shall not extend beyond fifty two (52) weeks from the initial commencement of Parental Leave, including leave taken in accordance with this Clause.

52.1.10 All leave entitlements shall continue to accrue during paid Parental Leave. Where paid Parental Leave is taken at half pay, leave entitlements shall accrue on a proportionate basis.

52.1.11 Periods of paid Parental Leave are to count towards service for incremental progression.

52.1.12 Unpaid Parental Leave shall count as service for the purpose of Long Service Leave, but not count towards any other accrual or entitlement, including incremental progression.

52.1.13 Where a Public Holiday falls during a period of Parental Leave, the period of leave will not be extended to compensate for the Public Holiday, whether the leave is paid or unpaid.

52.1.14 An academic staff member shall not be able to access any other type of leave except as provided for in 52.1.9, whilst on approved Parental Leave as provided for in this clause.

52.1.15 Except for the provisions in 52.7.1, the parents may not normally be on Parental Leave at the same time, in respect of the same child(ren).

52.2 Maternity Leave

52.2.1 A female academic staff member who has completed forty (40) weeks continuous paid service in accordance with 52.1 and gives birth to a child(ren) shall be entitled to take up to a maximum of fifty two (52) weeks Parental Leave as the primary care giver of that child(ren) from the initial commencement of Parental Leave. This leave may be made up of:

52.2.1.1 Paid Maternity Leave in accordance with 52.2.2;

52.2.1.2 Annual leave or long service leave in accordance with 52.1.9;

52.2.1.3 Unpaid Leave up to the balance of the 52 weeks.

52.2.2 An academic staff member who has completed forty (40) weeks continuous paid service shall be entitled to fourteen (14) weeks paid Maternity Leave at ordinary pay. This paid Maternity Leave may be taken as twenty eight (28) weeks at half (1/2) pay.

52.2.3 An academic staff member who takes Maternity Leave shall not be eligible for Partner Leave in respect of the same child(ren).

52.2.4 An academic staff member shall normally commence Maternity Leave between four (4) weeks and eight (8) weeks prior to the anticipated date of the birth of their child. Where an academic staff member continues to work during the last four (4) weeks before the anticipated date of birth of their child, a medical certificate(s) indicating fitness to undertake normal duties may be required. Where an academic staff member needs to commence Maternity Leave earlier than eight (8) weeks prior to the anticipated date of birth of their child, due to a medical condition and the academic staff member submits a written request along with a valid medical certificate, Maternity Leave will be allowed to commence earlier, in accordance with the medical certificate.

52.2.5 Where an academic staff member seeks to recommence work earlier than six (6) weeks after the date of birth of the child, a medical certificate indicating fitness to undertake duties may be required.

52.2.6 At the completion of Maternity Leave the academic staff member must return to work in accordance with the provisions of sub-clause 52.3, 52.4 or 52.5 below.

52.3 Unplanned Cessation of Maternity Leave

If Maternity Leave has commenced and the child is stillborn or the child dies during paid Maternity Leave, then up to a further 4 weeks of their paid Maternity Leave entitlement shall be able to be taken. The academic staff member whether on paid or unpaid Maternity Leave may return to work earlier than planned provided 4 weeks notice of such return is given to the University and the academic staff member provides a medical certificate stating that they are fit to return to work.

52.4 Returning to a Temporary Fractional Position at the Completion of Maternity Leave

52.4.1 An academic staff member may take leave after the actual date of birth or placement of the child on a part time basis for a period of up to 104 weeks, or as a combination of full time and part time of a proportionate period of up to 104 weeks. The total amount of leave without pay, which can be taken within this period, may not exceed 365 calendar days for a full time academic staff member including any period of paid Parental Leave. The program of leave on a part time/full time basis and the pattern of work on return must be acceptable to the Head of Unit. Where the program is not acceptable the Head will provide reasons.

52.4.2 Such fractional work may commence no earlier than the completion of any paid component of Maternity Leave.

52.4.3 Such temporary fractional work arrangement will automatically cease if the academic staff member proceeds on any new period of Parental Leave. Payment for such further Parental Leave shall be at the substantive rate applicable at the time the academic staff member proceeds on any new period of Parental Leave.

52.4.4 The details for the commencement of such fractional work will normally be pre-planned with the academic staff member's supervisor to ensure that the appropriate staffing structure is in place to facilitate such fractional work.

52.4.5 At the conclusion of the period of any temporary fractional work arrangement under sub-clause 52.4.1, the academic staff member shall return to their substantive position on a full-time basis. If the former position occupied by the academic staff member prior to taking Maternity Leave no longer exists, the provisions of sub-clause 52.5.1 below apply.

52.5 Resumption of Duty at the Completion of Parental Leave

52.5.1 An academic staff member is entitled to return to the substantive position and work pattern that they held immediately before commencing Parental Leave. If this position no longer exists, the University must attempt to provide the academic staff member with an equivalent graded position to that of the staff member's former position subject to the provisions relating to management of change elsewhere in this Agreement.

52.5.2 An academic staff member must be available to return to the position and work pattern that they held immediately prior to commencing Parental Leave at the end of their Parental Leave in accordance with this clause:

52.5.2.1 unless they have submitted their resignation and given appropriate notice, or

52.5.2.2 unless they have written confirmation from the University of other agreed arrangements, or

52.5.2.3 unless the provisions of 52.5.1 apply, or

otherwise they will be deemed to have abandoned their employment and will be notified accordingly.

52.6 Maternity Leave Return to Work Grant

52.6.1 An amount equivalent to 12 weeks of annual salary, including on-costs, will be available to all academic staff members on return to work (at least 40% of full-time) from maternity leave provided that the amount must be fully utilised within 104 weeks from the date of birth of the child(ren). The amount may be used for one or more of the following options:

52.6.1.1 To supplement the academic staff member's salary to the rate they were receiving prior to commencing Maternity Leave where the return to work is at a reduced fraction;

52.6.1.2 Career development, including professional mentoring or career coaching, subject to the proposal being approved by the Career Development Unit and the Dean or Director of the Unit;

52.6.1.3 To subsidise the full cost of off-campus child care; and/or

52.6.1.4 To subsidise KidsUni child care;

52.6.1.5 To fund research for the purpose of re-establishing their academic work subject to the proposal being approved by the Dean.

52.6.2 Where an academic staff member receives a payment under sub-clause 52.6.1 on return to work the staff member shall have the option to either:

52.6.2.1 remain in the fractional role in accordance with clause 52.4 and be paid only the ordinary fractional salary; or

52.6.2.2 return to their substantive position in accordance with 52.5.1

52.7 Partner Leave

52.7.1 Following the birth or adoption of their child an academic staff member, who is a partner and not the primary care giver, shall be entitled to access up to five (5) days paid Partner Leave to provide support to the primary care giver.

52.7.2 Where an academic staff member and their partner are both employed by the University and the partner is to become the primary care giver of the child, and subject to the partner complying with all of sub-clause 52.1, they will be entitled to the provisions contained in sub-clause 52.2.3 discounted by the period that they were not the primary care giver provided that the academic staff member and their partner (or mother of the child) shall not receive in excess of fourteen (14) weeks paid Maternity Leave combined. This means that the time spent by the academic staff member's partner being the primary care giver shall be counted as time taken by the staff member. Only one academic staff member may access the provisions of sub-clauses 52.4 and 52.6.

52.8 Adoption Leave

52.8.1 An academic staff member who has completed forty (40) weeks continuous paid service in accordance with sub-clause 52.1 and is a primary carer in a legal adoptive situation shall be entitled to Adoption Leave, provided that:

52.8.1.1 the child(ren) has been living with the academic staff member or their partner for a period of less than three (3) months; or

52.8.1.2 is not a child or step-child of the academic staff member or the partner of the staff member

52.8.2 Subject to sub-clause 52.8.1, any academic staff member entitled to Adoption Leave shall be entitled to the same entitlements available for Maternity Leave.

52.8.3 In accordance with sub-clause 52.8.2, any reference, in the Maternity Leave provisions, to the birth of a child(ren), for the purposes of Adoption Leave shall mean the placement of a child(ren) in an adoption arrangement.

52.9 Foster Parent Leave

52.9.1 An academic staff member acting as the primary care giver of a foster child who is placed into the staff member's family for an anticipated period in excess of six (6) months will be entitled to access up to five (5) days paid Foster Parent Leave from the time that the child enters their care.

52.9.2 Satisfactory evidence will need to be provided to confirm the foster arrangement and the intended period of placement.

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53 Study Leave and Conference Leave

Academic staff will be eligible to apply for study and conference leave in accordance with the University's Study Leave and Conference Leave Policy.

54 Jury Service

An academic staff member required to attend for jury service shall be reimbursed by the University for an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of salary he/she would have received in respect of his/her attendance for such jury service and the amount of salary he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

55 Leave Without Pay

55.1 Academic staff may apply for leave without pay on either a full-time or a part-time basis. Part-time leave without pay is essentially the same as a fractional appointment.

55.2 Leave without pay on a full time or a part time basis will normally only be granted for up to 3 years, but may occasionally be approved for up to five years.

55.3 In considering applications for leave without pay, the following aspects are relevant:

55.3.1 purpose of leave;

55.3.2 length of absence;

55.3.3 replacement possibilities and arrangements;

55.3.4 during leave without pay, the academic staff member will be required to reduce superannuation accordingly or accept both employer and employee costs of maintaining superannuation at a full-time level. Advice on superannuation aspects should be sought from Personnel and Financial Services Division.

55.4 During periods of part-time leave without pay, all relevant entitlements will be on pro-rata basis.

55.5 Generally, academic staff on part-time leave without pay will perform the full range of duties but a special job description may be created.

55.6 The provisions of this clause may be used to facilitate and prescribe secondments to other organisations.

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NB: To view the Schedules to this Agreement please return to the top of the page and use the link from the index.