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DEAKIN UNIVERSITY ENTERPRISE AGREEMENT 2009-2012. A summary of the key features. Background. Negotiations began in 2008 between the University and the National Tertiary Education Union Heads of Agreement reached in July 2009 Final agreement reached 27 August 2010
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DEAKIN UNIVERSITYENTERPRISE AGREEMENT2009-2012 A summary of the key features
Background • Negotiations began in 2008 between the University and the National Tertiary Education Union • Heads of Agreement reached in July 2009 • Final agreement reached 27 August 2010 • Extensive negotiations however good faith bargaining shown by both parties • Positive outcome for all University staff
Clause 1 - Application • Applies to all staff members employed by the University except those who are employed pursuant to an Australian Workplace Agreement (AWA). • The University has agreed to offer to terminate current AWAs, where staff wish to do so.
Clause 2 – Salary Increases • Salary increases totalling 16% to be paid in the first full pay period commencing on or after the following dates: • 23 April 2009 (already paid) 2.0% • 30 August 2009 (already paid) 2.0% • 30 April 2010 (to be back dated) 2.0% • 30 August 2010 2.0% • 30 April 2011 2.0% • 30 August 2011 2.0% • 30 April 2012 4.0%
Clause 2 – sign on payment • A non-superannuable payment of $1,000 (less applicable tax) will also be paid to full-time staff members on the date that this Agreement is made (i.e.. when approved by the majority of staff in the ballot). Pro rata payments will be made to part-time staff and eligible casual staff.
Clause 13 – Research Only Staff Continuing Appointment • A new type of contract has been negotiated • An academic or general staff member engaged in contingent funded research may apply for, or be offered, a Research Continuing Employment (Contingent-Funded) contract.
Clause 14 – Fixed Term Employment From the date the Agreement comes into operation, new fixed term employment will be limited to the employment of a staff member under one of the following categories: • Specific Task or Project • Research • Replacement Staff Member • Recent Professional Practice Required • Pre-Retirement Contract • Post-Retirement Contract • Student Employment • New Organisational Unit • Disestablished Organisational Unit • Apprenticeship or Traineeship • Early Career Development Fellowships (ECDF)
Clause 15 and 16 – Casual Employment • Increase in casual loading from 23% to 25%. • Casual academic staff members will be paid for academic marking separately except where undertaken in the classroom, tutorial, lecture or in the delivery of clinical education. Faculties will consult with staff to develop guidelines reflecting reasonable expectations for academic marking. • Casual academic staff members will have improved access to library and computer facilities. • The University will provide a 9% superannuation contribution to UniSuper to all casual staff (sub-clause 58.3). • Casual staff members who have had 7 or more years of continuous service with the University will be entitled to long service leave (sub-clause 42.15). • The minimum period of engagement for a casual general staff member (other than a student) is 3 hours (unless otherwise agreed).
Clause 19 – Disciplinary Action for Unsatisfactory Performance • Separate processes for unsatisfactory performance and misconduct. • Clear definition regarding what constitutes unsatisfactory performance. • Revised process for dealing with unsatisfactory performance which retains opportunity to respond and improve performance.
Clause 20 – Procedures to Deal with Allegations of Misconduct and Serious Misconduct • Clear definition regarding what constitutes misconduct and serious misconduct. • Clearer processes for dealing with allegations of misconduct and serious misconduct.
Clause 21 and 22 – Redundancy • Processes for voluntary redundancy have been simplified with entitlements retained.
Clause 32 – Academic Workloads • Revised academic workload clause. • Recognition that academic workload is a combination of self-directed and allocated tasks. • The starting point for discussions about the allocation of work for teaching, research and scholarship and service for academic staff is • Teaching 40%, • Research and Scholarship 40% and • Service 20%. • These percentages may be varied depending upon whether an individual staff member is research active, or not research active, as well as the interests and abilities of the staff member and the operational needs of the University.
Clause 32 – Academic Workloads cont… • In extraordinary circumstances, the teaching load for an academic staff member who is not research active may exceed 60%. • An academic staff member who is not research active may be required to teach in 5 out of 6 trimesters over a 2 year period. • The allocation of academic workloads will be dealt with through the use of Faculty Academic Work Allocation Models and reviewed on an annual basis in consultation with the NTEU. • Faculty Academic Work Allocation Models will address Teaching, Research and Scholarship, and Service. • An academic staff member who is not research active may apply to the Dean of his or her Faculty to be provided with a two year opportunity to develop a research profile. • A review of the trimester system to commence in 2010.
Clause 36 – Parental Leave • Amended reference from maternity leave to encompass broader category of parental leave (e.g. adoption leave and paid partner leave). • Acknowledgement of the Federal Government’s paid parental leave (PPL) scheme.
Clause 37 – Personal Leave • New provision which provides a staff member who identifies as a member of an Aboriginal or Torres Strait Islander community with 5 days of paid ceremonial leave.
Clause 42 – Long Service Leave • Staff will have access to long service leave after 7 years of continuous service (at present access is after 10 years). • Casual staff who have had 7 or more years of continuous service with the University will be entitled to long service leave.
Clause 50 – Job Evaluation Procedures • Classification reviews of existing positions will now be undertaken by the General Staff Classification Committee (which comprises at least 2 nominated representatives from the University and 2 nominated representatives from the NTEU). • All of the HEW descriptors have now been included in the Agreement.
Clause 64 – Dispute Settling Procedures • Used for the purpose of preventing and settling disputes between the parties about matters arising under the Agreement and about matters arising under the National Employment Standards (in the Fair Work Act 2009). • The NTEU will be involved and notified of disputes under this process. • The Disputes Committee process has been removed and replaced with process involving the Director, Human Resource Services Division and/or the Deakin University NTEU Branch President.
Clause 71 – Indigenous Employment • Deakin University continues to be largest employer of Aboriginal and Torres Strait Islander people in the Barwon Region. • Aboriginal and Torres Strait Islander employment target in the University’s Strategic Plan 2008 – 2012, and the Aboriginal and Torres Strait Islander Employment and Professional Development Strategy 2009 – 2012 that seeks to increase, by at least 25% the number of Aboriginal and Torres Strait Islander staff employed in full-time, ongoing positions. • Express commitment to actively promote the achievement of the Aboriginal and Torres Strait Islander employment targets and will work to maintain Deakin as a flagship employer of Aboriginal and Torres Strait Islander people.
Specific provisions for other categories of staff: • Deakin International staff are now covered by the terms of the Agreement (except for Deakin University English Language Institute (DUELI) staff who are covered by Schedule C of the Agreement). • Schedule H and Schedule I cover Residential Supervisors and Residential Assistants
Next steps • Vote to be held from 9am Tuesday 7 September to 5pm Friday 10 September 2010 by e-election (provision will be made for staff who do not have IT access to submit a ballot paper) • Provided it is approved, EA then goes to Fair Work Australia • Comes into operation 7 days after it is approved by Fair Work Australia and it has a nominal expiry date of 30 June 2012.
Questions • For a copy of the full agreement visit the Staff Intranet at: http://www.deakin.edu.au/hr/benefits/eb.php • HRSD can also be contacted directly to answer any further questions.