NTEU WSU Professional Staff Handbook 2016

UPDATED JUNE 2016

NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

NTEU PROFESSIONAL STAFF HANDBOOK University of Western Sydney Professional Staff Agreement 2014

Western Sydney University Branch

www.nteu.org.au/wsu

NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

UPDATED JUNE 2016

Contents Pay Increases won by NTEU Members.............................................................3 Probation....................................................................................................................4 Employment Contracts.........................................................................................4 Hours of Work...........................................................................................................5 Classification of positions.....................................................................................6 Broadbanding...........................................................................................................7 Career Planning and Development..................................................................7 Annual Leave............................................................................................................8 Long Service Leave.................................................................................................8 Personal Leave.........................................................................................................9 Sick Leave................................................................................................................ 10 Parental Leave....................................................................................................... 10 Family Violence..................................................................................................... 11 Performance Management............................................................................... 11 Misconduct/Serious Misconduct.................................................................... 11 Organisational Change...................................................................................... 12 Redeployment and Redundancy.................................................................... 12 Retrenchment........................................................................................................ 14 Aboriginal and Torres Strait Islander entitlements.................................. 14 Travel Reimbursement....................................................................................... 14 Superannuation.................................................................................................... 14 Allowances.............................................................................................................. 15 Compliance with the Agreement................................................................... 15

Western Sydney University Branch Building LY.LG.02 Parramatta North Campus Locked Bag 1797 Penrith NSW 2751

tel 02 9685 9965 fax 02 9685 9967 email wsu@nteu.org.au www.nteu.org.au/wsu

The NTEU Professional Staff Handbook is a publication of the National Tertiary Education Union. 1st edition.

ISBN 978-0-9806500-9-9. All Rights Reserved © 2016.

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PROFESSIONAL STAFF AGREEMENT 2014

UPDATED JUNE 2016

NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

This handbook has been prepared for NTEU members to answer some frequent questions the Branch receives on employment conditions at Western Sydney University. The University of Western Sydney Professional Staff Agreement 2014 hereafter will be referred to as ‘the Agreement’.

The list of questions provided is not exhaustive but will provide topic by topic summaries of frequently asked questions concerning the Agreement.

A copy of your full Agreement can be found at www.nteu.org.au/wsu

General information about the Agreement When will the Agreement commence and expire?

The Agreement was approved by the Fair Work Commission on 5 December 2014 and in accordance with the Fair Work Act 2009 came into effect 7 days later on 12 December 2014. It expires on 31 January 2017.

1. Pay Increases won by NTEU Members Professional staff will receive the following incremental pay increases over the life of the Agreement: »» 3% effective from the first full pay period in April 2015 »» 3.25% effective from the first full pay period in April 2016; and »» 3.75% effective from the first full pay period in January 2017

3% effective 10/4/2015

3.25% effective 8/4/2016

3.75% effective 13/1/2017

3% effective 10/4/2015

3.25% effective 8/4/2016

3.75% effective 13/1/2017

Level

Step

$48,805

6

1

$71,854

$74,189

$76,971

$47,987

$49,787

6

2

$73,583

$75,974

$78,823

$48,945

$50,780

6

3

$75,316

$77,764

$80,680

6

4

$77,046

$79,550

$82,533

Level

Step

1

1

$45,560

$47,041

1

2

$46,477

1

3

$47,404

2

1

$48,787

$50,372

$52,261

2

2

$49,821

$51,440

$53,369

7

1

$78,777

$81,337

$84,388

2

3

$50,863

$52,516

$54,485

7

2

$80,850

$83,478

$86,608

7

3

$82,926

$85,621

$88,832

7

4

$85,002

$87,765

$91,056

8

1

$88,004

$90,864

$94,271

8

2

$91,233

$94,198

$97,731

8

3

$94,461

$97,531

$101,189

8

4

$97,693

$100,868

$104,651

2

4

$51,902

$53,589

$55,599

3

1

$52,709

$54,422

$56,463

3

2

$54,323

$56,089

$58,192

3

3

$55,939

$57,757

$59,923

3

4

$57,552

$59,422

$61,650

4

1

$58,015

$59,901

$62,147

4

2

$59,284

$61,211

$63,506

4

3

$60,551

$62,519

$64,863

9

1

$101,844

$105,154

$109,098

4

4

$61,819

$63,828

$66,221

9

2

$105,306

$108,728

$112,806

9

3

$108,761

$112,296

$116,507

10

1

$108,762

$112,297

$116,508

5

1

$62,628

$64,664

$67,088

5

2

$64,703

$66,806

$69,311

5

3

$66,782

$68,952

$71,538

5

4

$68,855

$71,092

$73,758

5

5

$70,933

$73,238

$75,985

PROFESSIONAL STAFF AGREEMENT 2014

Note: Please refer to Part R: Schedule 1, page 87 of the Agreement to review your grade and step increments.

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NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

UPDATED JUNE 2016

2. Probation

3. Employment Contracts

How long can I be on probation for?

Ongoing

If you are ongoing or on a fixed term contract of more than a year your initial probationary period is 6 months.

However, this may be extended but your probationary period cannot be more than 9 months.

An ongoing employee is an employee engaged for an indefinite period of time. Ongoing employment may include an ongoing employee engaged for part year or a casual employee whose employment is converted to ongoing part year employment under this clause.

Do I need a support person to attend my mid-point review?

The mid-point review is a normal process in the probation reporting period. However, if you find yourself in a situation where serious allegations are being raised in relation to your performance, you can ask to postpone the meeting to have a support person attend with you.

We would recommend that you contact the NTEU for some initial advice if you have any concerns.

Can my probation be extended?

Yes. It can be extended by an additional 3 months however your probationary period cannot be more than a total of 9 months. Circumstances for an extension include concerns with your performance or if you have been absent from the workplace to such an extent that it is not possible to assess your performance during that period.

Can my probation be extended more than once?

No, the Agreement says it may be extended for “a further period”, not “further periods”.

Can I be terminated at the end of probation?

If there have been performance concerns raised and your supervisor feels that they have not been reconciled, they can recommend termination in a review report to the person with delegated authority to terminate. (This person cannot be your supervisor.)

What happens if there is a review report that recommends I be terminated?

You will be advised and given all the documentation the supervisor is relying on to make such a report. You will then have 5 working days from the receipt of the advice to respond.

Tip: Contact the Branch office as a matter of urgency to get advice on how to respond.

(Note: this process does not apply if termination is recommended on the grounds of Serious Misconduct.

Refer to clause 49.2c if this is the case.)

Fixed Term employees I am a fixed term employee and want to know how I can get ongoing permanent work?

An employee who is on a fixed term contract has a right to apply for conversion to an ongoing position under provisions of the Agreement if they can meet the following criteria: »» There is ongoing work, or the same or substantially similar duties available within your school/unit; »» Period under fixed term contracts must exceed 3 years and you must be on your second or subsequent contract; »» You must have been originally appointed through a competitive selection process; »» It must be approved by the Dean/Director of your school/work unit.

What if my request has been denied?

The University must advise you of the reasons the application has been denied.

Casual Employees I have been a casual doing the same work for the last 18 months. Can I convert to fixed term or ongoing work?

The Agreement provides for conversion from casual to ongoing employment. However, there are particular provisions that must be met before you can be converted so you need to ask yourself: »» Has my work been regular, systematic, the same or substantially the same position in the same organisational unit? »» Were my average weekly hours over the immediate preceding 12 months equal to at least 50% of the ordinary weekly hours of an equivalent employee engaged full time or over the preceding 24 months?

If I am advised that I will be terminated, can I appeal?

Should the University tell me I have the right to apply?

You may have unfair dismissal rights under the Fair Work Act 2009 if your employment has been terminated after 6 months’ service. Contact the branch office immediately as there is a 21 day limitation period to lodge an unfair dismissal application with the Fair Work Commission.

Can I be refused ongoing work even if I meet the above process?

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Yes they should inform all casual employees from time to time of the conversion entitlements under this clause.

Yes under some circumstances you can. Contact the Branch office to find out more if you are in this situation.

PROFESSIONAL STAFF AGREEMENT 2014

NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

4. Hours of Work Can I choose what hours I work?

In your Agreement there are 2 provisions under Hours of Work and Flexible House of Work Scheme that can allow this subject to approval from the University.

Clause 23.2 Hours of Work Purpose This provisions allows for the employee to volunteer to work their contract hours over Monday to Sunday, subject to operational requirements. Hours worked under such arrangements will be paid at your base rate. This provision is designed to help balance personal and work demands.

This clause also allows for ongoing or fixed term employees to reduce their hours of work and should be read in conjunction with clause 31.1 Right to Request Flexible Working Arrangements. This is where there is a circumstances of caring responsibility of a child who is school age or younger, a carer for an aged or disabled family member or the employee is 55 years or older. The University should not unreasonably withhold approval for such request. (Clause 31.1)

UPDATED JUNE 2016

Can I elect to no longer participate in the Flex leave scheme?

Yes – the Agreement states that once you are participating in the scheme you can elect to leave the scheme. However once you leave the scheme you do not have an automatic right to re-join in the future. If you are told you can no longer participate in the scheme but wish to remain, contact the Branch office.

The scheme allows you to work extra hours (up to 14 hours at normal time) within a 4 week settlement period to take as flex leave, usually in the next period.

If I have approval to participate in the scheme, can I lose the hours I have accrued?

No. If the accrued Flex time credit is not taken within the next period, it will carry over to the next period, however it would be expected that you would take your credit within a month of accruing it and you should speak to your supervisor about accessing your flex leave as a matter of importance.

I have in excess of 14 hours “time credit” as organisational needs haven’t allowed me to take it in the required settlement period. Do I lose the hours that are accrued in excess of the 14 hours?

This scheme is designed to provide greater flexibility for employees’ working hours to assist with workloads and deadlines, recognition of time worked, balance between work and personal lives and help with caring responsibilities.

No – there are provisions where it is recognised that if the accrual has been refused due to operational requirements can be carried over in excess of the 14 hours. Having said that it is important that you find a work life balance. High, ongoing workloads can become a health and safety issue and it’s important staff are not expected to keep working unreasonable hours.

Can my request to participate in the scheme be refused?

Can I book time off under the scheme if I haven’t accrued the leave first?

Clause 32 Flexible Hours of Work Scheme

Employees do not have an automatic right to flexible work hours and is subject to the requirements of the work unit. This scheme allows employees to vary their daily starting and finishing times within a bandwidth of hours (7am to 6pm). Your supervisor cannot unreasonably withhold approval.

Can I be removed from the scheme by my employer once it has been approved and operational?

If your supervisor believes it is evident that you are not able to work successfully within the scheme or it no longer meets the operational requirements of the work unit, then they can discuss the issue with you to resolve the matter. Your family, carer’s and disability needs will be included in the decision making process and you must be consulted. If the operational requirements haven’t changed but you have been asked to leave the scheme, contact the Branch office for advice.

PROFESSIONAL STAFF AGREEMENT 2014

Yes you can with the approval of your Dean/Director or their nominee. This means it (the debit) will carry forward into the next settlement period (settlement period is based on 4 week period commencing on the Friday following every second payday) for those hours to be made up.

What if I don’t make the time up?

Any amount of time less than 140 hours worked in a settlement period is time debit. Time debit less than 14 hours is carried forward to the next settlement period.

Time debit in excess of 14 hours at the end of each settlement period will be debited against annual leave or leave without pay as appropriate.

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NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

5. Classification of positions My job has changed over the years and I feel it is classified incorrectly. What can I do?

First, you should obtain a copy of your existing position description (PD) and analyse what regular duties and responsibilities you are now doing. The position description is about the skills, duties and responsibilities of the job and it is not about the individual employee. If the work you are now doing is not of a higher skill set or with greater responsibilities, chances are the classification would remain the same. Reclassification is also not an appropriate way to deal with an excessive workload.

If on the other hand the position now requires higher levels of skill or responsibility, you should discuss it with your supervisor.

TIP: Refer to Schedule 4 of the UWS Professional Staff Agreement 2014 to see the criteria needed for each level or contact the Branch office for more information.

How does the process work to get a reclassification?

In the first instance, you should speak to your supervisor.

If they confirm it is inaccurate, they must provide a submission to the manager with the appropriate delegation that includes the following: »» When the employee’s duties changed »» Reasons justifying the change in the employee’s duties »» How the changed duties align with the requirements of the relevant work unit; and »» Reasons justifying any delay in applying for reclassification.

If the submission is supported by the manager, it will then be forwarded to the authorised and trained person for reclassification.

How long should it take to have my submission reviewed?

It should take no longer than 2 months from receipt. If it is beyond the 2 months, the university will advise the employee of the circumstances and an estimated time for an outcome.

What if there is no Agreement between my supervisor/manager and me that the position should be reclassified?

You may make a submission for reclassification directly to your Dean/Director. If the Dean/Director accepts your submission, you and the supervisor will develop a new position description that will then be forwarded to an authorised and trained person for reclassification.

UPDATED JUNE 2016

If the Dean/Director declines your submission, they must provide reasons as to why and these reasons are to be restricted to a decision that the submission does not accurately describe the work being done and/or that the work is not required to be done. The Office of People and Culture will advise you in writing of the reasons and you will then continue to work in your substantive position.

If my submission for a reclassification is rejected – can I appeal?

Yes you can. The university implementation committee have nominated management and staff who are trained in classifications to undertake reviews of position. If you would like to dispute the result of a submission for reclassification, you can apply in writing to the Director, HR Strategy and Services for review. The Director can either reclassify the position or refer it to 2 members of the Classification Panel.

If it is referred to the Classification Panel, you will be advised of the result of the submission, including advice of the panel expert and reasons for the decision, in writing within one month of receipt of the submission by the Director of HR Strategy and Services.

If the reason for your submission is due to you being required to perform additional or changed duties and the submission is rejected at any stage of the process outlined above, you will not be required to perform the additional or changed duties.

What if my current position description is identical to other roles in my school/department?

The Agreement states that if it is a position of one in a group across an organisational area, then any changes to that position description will be considered within the context of a whole group. However, this does not prevent you from having your position considered for classification as a separate position.

If my position is reclassified to a higher level, am I entitled to backpay?

Yes it will be back dated to the date that your submission was received.

Management have advised that they are reviewing my position description and making amendments to the duties and responsibilities. Am I entitled to have input in this process?

Yes – firstly it is the right thing to do. Secondly, this could be treated as minor organisational change or if you do not agree with what is being proposed, ask that it be treated as significant change to trigger the formal consultation process.

Refer to Organisational Change in this booklet.

What if my grade doesn’t change – do I still have a right to be consulted?

Yes. It doesn’t matter. Whether it is minor or major change, you must be consulted.

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PROFESSIONAL STAFF AGREEMENT 2014

NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

6. Broadbanding Purpose Broadbanding is to allow progression from one level to the next if certain criteria are met. The intention is to enable an employee who is progressively developing the skills and experience (and in some cases acquisition of or completion of qualifications) needed to perform their position at the higher band, to assume mentoring or project leader roles that involve performance of leading or administering duties (rather than lower level duties of assisting or advising).

Can I ask that my position be broadbanded?

The Agreement doesn’t state that you can nor that you cannot. It states that a position will be considered for broadbanding if there is ongoing work available at the higher level: »» On vacancy »» When a work area is being restructured »» As part of the preparation for the annual career planning and development process; or »» When the parties to the Agreement agree to broadband levels for specified occupational groups.

I am currently in a broadband position and I have been refused progression to the next level. What can I do?

The Agreement states that your position description will include the range of duties and/or accountabilities for the position at each Salary level, consistent with the descriptors in Schedule 4 and the requirements to be met to progress to the higher Salary level.

The Agreement also states that you will be appointed to the salary level consistent with the range of duties and accountabilities to be undertaken, provided that the employee meets the relevant training/qualification requirements and/or experience and has the required knowledge and skills.

Progression to a new salary level within a broadbanded position can only occur when the requirements for progression are satisfied by the incumbent and there is ongoing work available at the higher level.

If you want to dispute your salary level, you can apply in writing to the Director, HR Strategy and Services for a review of the level. You will then be advised of the outcome (in writing) within one month of receipt of the application.

What if my colleagues and I all have the same broadband position?

If there is not enough work at the higher broadband position level, the selection to progress will be done by merit based selection from the group who have satisfied the requirements.

PROFESSIONAL STAFF AGREEMENT 2014

UPDATED JUNE 2016

I have applied for salary progression to the next level and I have been told I must have regular meetings to discuss my performance. Is this correct?

This is not a performance management process. We would recommend that this be conducted as part of the annual career planning and development process.

Contact the Branch office should this occur.

7. Career Planning and Development What is the purpose of career planning and development for professional staff?

This is an annual program that is designed to discuss planning goals and objectives of your work unit for the next 12 months and how that relates to your work. During this meeting your supervisor should: »» Discuss with you the goals, identify work priorities and clarify expectations »» Assist you in identifying career skill development needs in your current position and assist with in identifying career development opportunities »» Provide guidance and constructive feedback »» Identify and support higher duties opportunities as career development; and »» Implement, where possible, an agreed career development program

What if I believe I have not been given training and development opportunities?

In the first instance, raise it with your supervisor. If it cannot be resolved you can raise the matter with the Director HR Strategy. Before doing this, we recommend you contact your Branch office for advice.

If I choose to study independently, can I be reimbursed for course fees?

It will depend. If management believes the study will provide skills directly related to your current position or that might reasonably be expected to be utilised within the university in the future then you can claim. Also, refer to the Western Sydney Policy on how to apply.

Am I entitled to paid time off to attend classes and exams?

If it is approved, you are entitled to take up to 5 hours paid leave per week for classes and additional paid leave for exams. This can be accumulated to a maximum of 35 hours per semester.

Can I choose when I take it?

It must be agreed between you and your supervisor. If you have any problems on the agreed time, contact the Branch office.

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NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

NOTE: The NTEU secured an agreement from UWS to commit $4.2million per annum over the life of the Agreement to have a centrally funded training and development fund for professional staff. This covers a range of different training and support functions within the University, including the Professional Staff Conference.

8. Annual Leave Can I choose when I want to take my leave?

Taking of annual leave must be by agreement between you and your Supervisor. Supervisors have the responsibility to facilitate leave planning and the ability for employees to take leave. This is something that should not be unreasonably withheld. We recommend you give as much notice as possible to allow your Supervisor to make arrangements for your absence.

UPDATED JUNE 2016

»» Christmas Shutdown - Management can also direct you to take annual leave during a shutdown period occurring in the week of 25 December and the week of New Year’s Day. This will exclude any public holidays that fall in that period and concessional days granted by the university.

Are there any exclusions for being forced to take leave?

Yes – if you have approval to save your leave for special circumstances or if you have given written notice of your intended date of retirement.

NOTE: This does not include the Christmas Shutdown period. Approval to work during this period will only occur where there is an operational need.

9. Long Service Leave

I have been told I cannot take annual leave a certain times of the year. What if I need leave at that time?

I have moved from another university, am I entitled to bring my long service leave with me?

Some work areas have particular operational demands at certain times of the year and the employer will restrict approval during those periods. However there needs to be a balance. In the first instance, we recommend you write to your manager explaining the reason for the leave to see if they can facilitate approval. NTEU position is that embargo periods should not be unreasonable and there should still be flexibility to meet the needs of staff and the work unit.

If you were an ongoing or fixed-term employee who has not had a break in service of more than 2 months, you are entitled to continuity of service for the purpose of accruing long service leave with the new university. Your previous employer needs to provide your new university with a record of service. Note: If you have had a break of up to 2 months in service, those 2 months will not count toward accruing long service leave.

Can I be forced to take leave?

In certain circumstances you can. »» The Agreement states employees should take at least 15 working days per calendar year unless there is insufficient paid leave available or if the university has approved due to special circumstances that you can take extended leave at a later date. For example, looking to travel overseas. This is provided that 30 workings days of annual leave is taken within 2 years. »» If you have accrued annual leave of 30 days or more, the University may direct the Employee in writing to take up to one-quarter of the employees’ accrued leave entitlements at a time mutually convenient to the Employee and the University, but not more than 3 months from the date on which the direction is given. »» Management can also give 2 months written notice to direct an employee to take annual leave when it is convenient to the working of the University, provided that as far as practicable the wishes of the employee concerned are taken into account when fixing the time for the taking of the leave and consideration is given to domestic need and fair allocation of leave during prime leave periods.

What if I have taken some of my long service leave or was paid out in lieu of long service leave accrued before moving to my new university?

You will not be entitled to be paid or take paid long service leave again for that period, however it will be considered as qualifying service for determining when you are eligible to take long service leave and the rate of accrual.

I moved to the University on a short term appointment. Can I still have prior service recognised?

Only if your appointment is extended to a longer term, then your previous service (meeting the terms set down in clause 28.2 of the Agreement) will be recognised.

When can I apply to take leave?

When you have accrued at least 10 years’ service you are entitled to 3 months at your base rate or 6 months at half base rate pay. If your accrual of service is from your previous university, then you must serve 5 years with your current university, in this case Western Sydney University, before taking it or being paid out in lieu. (Unless an employee dies, retires, receives an ill health benefit under their super fund or made redundant/retrenched.)

How is my long service leave calculated if I have

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PROFESSIONAL STAFF AGREEMENT 2014

NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

UPDATED JUNE 2016

worked a mix of full time and part time employment?

Can I be forced to take long service leave?

It will be calculated on a pro-rata basis.

If you have more than 4.5 months accrued leave, then the university can give you 12 months written notice directing you to take a minimum of 6 weeks leave up to a maximum of 3 months leave at a time convenient to the university. However, you cannot be made to take leave within 24 months of your intended date of retirement or, if you have taken leave within a 2 year period under the direction of the University.

I was a casual for many years. Does this count as service for accruing long service leave?

It can, provided you have worked at Western University on a regular and systematic basis, for a minimum period of 12 months without a break of more than 2 months on any single occasion and immediately in conjunction with the period of ongoing or fixed-term employment.

I am leaving the University and have accrued 6 years continuous service. Can I have a proportion of the leave paid out?

In certain circumstances you can. They include if you are terminated by the University for reasons other than serious misconduct, because of illness, incapacity, or domestic or other pressing necessity or you are a fixedterm employee who has served a second or subsequent fixed-term contract. If you are leaving Western Sydney to work at another university you should make enquiries at that university about transferring over your Long Service Leave balance.

I fell ill while on long service leave, can I substitute the leave for sick leave?

Yes you can provided you were unfit for work for one week or more and have a satisfactory medical certificate.

NOTE: this provision does not apply to employees who are taking long service leave immediately prior to retirement, resignation or termination of service.

How much notice do I have to give when applying for long service leave?

You must give 6 month’s written notice unless the University agrees to a shorter period of notice.

I have given 6 months’ notice to take long service leave and my supervisor has refused to grant the leave. Can they do this?

No – you are entitled to take the leave if you have it accrued and have given the minimum notice (6 months).

What if I haven’t given 6 months notice of my intention to take leave?

You must have the approval from the university for a shorter period of notice.

Can I dispute being directed to take leave under these provisions?

Yes – if you have firm plans to take long service leave at a particular date in the future, you can apply for a deferral.

10. Personal Leave How much personal leave am I entitled to take?

6 days per year for ongoing or fixed term employees.

(Pro-rata for part time) This leave is in addition to your entitlement to sick leave.

What can I use this leave for?

To meet family, cultural, religious or special needs in accordance with the NSW Premiers List of Days of Religious Significance for Multicultural NSW. To care for dependent or an immediate family or household for personal illness or injury.

And on account of the death of a member of their immediate family or household. Please refer to clause 29.4 of the Agreement to see definition of “immediate family”.

Your entitlement to personal/carers leave cannot be less than the National Employment Standard (NES) which is 10 days per year. There is an undertaking to this effect at the end of the Agreement.

Do I have to provide evidence for the reasons I am applying for the leave?

Yes you must provide evidence that would satisfy a reasonable person that the leave is being taken for the reason specified. The type of evidence that is often asked for is a medical certificate or a statutory declaration.

What if I refuse or do not have evidence?

The University can refuse to pay it as personal leave.

Can I combine other forms of leave for personal reasons?

Yes you can use accumulated sick leave for personal leave requirements.

PROFESSIONAL STAFF AGREEMENT 2014

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NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

11. Sick Leave How much sick leave am I entitled to?

Ongoing and fixed term employees are entitled to 15 days paid sick leave per year due to illness, incapacity or to attend medical appointments. This accumulates from year to year. It is pro-rata for part time employees.

Do I have to provide evidence?

When you have more than five occasions of one day or more without a medical certificate, the university can advise you to produce evidence for any sick leave in the following 12 month period.

If I have used all my sick leave, can I use other forms of leave?

Yes you can use accrued annual or long service leave. The University may also grant additional paid sick leave when evidence is provided in the form of a medical certificate.

Otherwise you can take unpaid sick leave. Unpaid sick leave will count as service for continuity purposes however will not count toward accruing entitlements.

12. Parental Leave What is parental leave defined as?

UPDATED JUNE 2016

Am I still entitled to this leave if I do not have at least 12 months continuous service?

If you have less than 12 months continuous paid service prior to the commencement of maternity leave or adoption leave, it will be calculated as a proportion of a year. Refer to clause 31.6 of your Agreement.

How much notice must I give to take leave?

You should give 4 weeks’ notice in advance and provide evidence indicating the expected date of the birth/ placement.

What if I wish to amend the period of leave I have had approved?

You must give at least 4 weeks’ notice.

Can I request part time work upon my return to work?

Yes there are a couple of options. »» When returning from maternity or adoption leave, you are entitled to the same position you held prior to commencing leave. You may request a “phased in” return to work for 30 weeks where as a full time employee you can be absent on pay for up to 1 day per week (or 20 per cent of your ordinary hours) or pro-rata if you are engaged part-time.

It includes maternity leave in connection with pregnancy or birth, adoption leave, foster parent leave and partner leave taken in connection with their partner’s pregnancy or birth.

»» You may also request part time work for a period up to 2 years from the commencement of your maternity or adoption leave.

How much leave am I entitled to?

What if my position has been made redundant while I was on leave?

After 12 months continuous service at Western Sydney University an ongoing or fixed term staff member is entitled to: Maternity Leave: 52 weeks including 20 weeks paid leave or 40 weeks leave at half pay. You can also apply for additional leave without pay and other leave entitlements to extend your parental leave period to a total of 104 weeks. This will not be unreasonably denied.

Adoption Leave: 52 weeks that includes 20 weeks paid leave or 40 weeks leave at half pay. You can also apply for additional leave without pay and other leave entitlements to extend your adoption leave to a total of 104 weeks.

This will not be unreasonably denied.

Foster Leave: 6 weeks paid leave for a child younger than 5 years of age or 3 weeks for a child 5 years or over.

Partner Leave: 2 weeks paid leave following birth or adoption of their child, or if you are the primary carer, 50 weeks unpaid partner leave. Applications can be considered for an additional 6 weeks unpaid leave.

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You are entitled to return to a position at the same preparental level on the same campus or if that position no longer exists – an available position for which you are qualified and suited nearest in status and pay to the pre-parental leave position. You are also entitled to the provisions set down in Clause 38. Organisational Change.

Please get in contact the NTEU if you are in this situation.

If I return to work from maternity/adoption leave as a part time employee and need to apply for a further entitlement of maternity/adoption leave, how will my paid maternity or adoption leave be calculated?

Your pay will be averaged based on the 52 weeks preceding the subsequent period of paid maternity/ adoption leave or during the period since you returned from earlier period of maternity leave or adoption leave, whichever is less.

PROFESSIONAL STAFF AGREEMENT 2014

NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

13. Family Violence There are new provisions in the Agreement at the insistence of the NTEU campaign to support staff that are experiencing family violence. The University will make available certain practical measures to assist employees who are experiencing family violence.

Employees who are experiencing family violence may also access their personal or carer’s leave for the purposes of attending related appointments or commitments, and the University may grant additional paid leave to the employee at the University’s discretion.

Flexible working arrangements may also be available in certain circumstances.

For further information, please see clauses 42 (Family Violence) and 31 (Right to Request Flexible Working Arrangements) of the Professional Staff Agreement 2014. If you need assistance in relation to having these arrangements facilitated, contact NTEU for advice.

14. Performance Management I have been called to a meeting with my supervisor – what should I do?

You have a right to know the purpose of the meeting in advance. Ask your supervisor to explain the reason and purpose of the meeting before you go in.

Can I take a support person with me?

Yes you can. Sometimes members are concerned that having union representation will make their situation worse. The university recognises your right to assistance.

If this is a formal meeting contact the NTEU Branch office on 02 9689965 in the first instance to get some confidential advice.

What if I attend a meeting on my own and management raise issues or asks questions I am not comfortable in answering?

Advise them you would like time to consider your response and would like to reconvene the meeting at another convenient time with a support person. It is always recommended to at least have a support person who can act as a witness for you in the meeting.

Can a written report be placed on my personal file without my knowledge?

UPDATED JUNE 2016

TIPS: Do not wait until the final performance interview is about to commence. Contact your Branch office in the first instance for independent advice. Members may be concerned that by contacting their union will make them look “guilty” or at fault. This is not correct and it can be difficult to assist members who contact us during the final stages of the performance management process.

15. Misconduct/Serious Misconduct If you are called into a meeting about misconduct, or handed a letter which states you may have allegations of misconduct or serious misconduct to answer and have been asked to attend a meeting with an investigator, contact the Branch office as a matter of urgency.

Misconduct is very serious and you should always have a union representative with you in all meetings dealing with misconduct.

The Agreement outlines a process where the University is first required to undertake a fact finding investigation.

This will often be conducted by an external investigator.

This is an opportunity for you to give details of your side of the story. This is also an opportunity for you to provide any additional evidence you have which backs up your story.

If, after the investigation, there are still allegations that you have a case to answer, you will have the right to have your matter further reviewed at a misconduct committee.

The committee won’t look for further facts but rather will give you an opportunity to respond further to any issues or mitigating circumstance that have not been addressed properly by the investigator. It is also your opportunity to raise any issues of procedural fairness.

The Agreement outlines a range of disciplinary measures that may be instigated against you if there is a finding of misconduct/serious misconduct. The worst being termination of employment.

The Agreement also allows for an off the record conversation with management about seeking an informal resolution.

Always seek advice from your union prior to any discussions with management about any misconduct issues.

No – you have a right to see the written report and add your comments. If you do not agree with a record of interview or the allegations that are written in a report about you, DO NOT SIGN IT. Contact the Branch office for advice immediately.

PROFESSIONAL STAFF AGREEMENT 2014

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NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

16. Organisational Change What is organisational change?

Organisational change is where (but not limited to) the university undertakes a review of its services, changes to course or units offerings, positions descriptions, reporting lines, introduction of new technology, closure of particular work unit/s or changes that will impact on workload and reduction in the number of employees.

What are my rights if a review is conducted in my work unit/department?

Organisational change may be defined as “significant” or “minor” change.

Significant is defined as but not limited to: »» termination of employment (including redundancy); »» changes to the composition or size of the workforce; »» closure of University work unit/s; »» introduction of significant technological change; »» changes to course or unit offerings which change the staffing profile required to teach and/or support the delivery of the course or unit or will significantly impact upon the workload of staff; »» work practices, core duties and times and/or hours of operation of directly affected Employees’ work units; »» relocating directly affected Employees to another campus; and »» a significant reduction in employment or significant adverse impact on employment opportunities (including redeployment.)

When significant change is proposed, the university must consult with directly affected employees through: »» Sharing of relevant information with employees and the Union »» Directly affected employees being given the opportunity to express their views and to contribute in a timely fashion. »» The views of directly affected employees and the NTEU being valued and taken into account by the University.

WSU must provide a written proposal for staff and unions to consider where significant change is being proposed.

When minor change is proposed, the University needs to consult at a workplace level through direct local discussion with individuals directly affected. If employees do not agree with the minor change, WSU must trigger the “significant change” processes as outlined above.

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UPDATED JUNE 2016

Can I contact my union about this?

Yes it specifically states you have the right to call on your union for assistance. Confidential advice is a phone call away in the first instance, so don’t wait to see if it all goes south before you call!

What if I do not agree with what is being proposed by either significant change or minor change?

It is important the members contact the Branch office as soon as they are advised there is a review underway to get initial advice at the very least. We strongly recommend that staff work through the issues as a collective. WSU always invite individual responses from affected employees. The sooner staff work as a team with expert advice, the best chance you have of genuine input on something that has the potential to impact on your career and livelihood.

What advice would the NTEU give me about change proposals?

Refer to clause 38 of the enterprise Agreement and review any documents provided by the university. Call your union office to discuss the change proposal. There are certain legal steps that the university must take in relation to a change proposal and these are legally binding on the university. The NTEU can enforce the Agreement if it is not being followed.

Contact your Union – Whether you are told it is minor, significant or “we just want to know what you think” type of meeting, contact your union immediately. We assist members regularly within the sector on organisational change and there are times we will see potential impact on staff that management doesn’t or won’t see. The timeframes set down for the consultation period are often short so you cannot afford to delay.

17. Redeployment and Redundancy What is an “eligible employee”?

An employee becomes an “eligible employee” when they have not retained a position during and following a restructure of their work areas or when an employee has missed out on being placed in a new structure following a merit-based selection process. If the University may place you in a new or vacant position in the new structure if the position is suitable and the eligible employee agrees to the placement. Such Agreement cannot be unreasonably withheld and it will be based on your skills, experience and qualifications.

PROFESSIONAL STAFF AGREEMENT 2014

NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

UPDATED JUNE 2016

Can management pick who stays and who goes if there are more employees than positions under a change proposal?

How long do I have to decide if I want to look at redeployment or redundancy once I am “displaced”?

The first thing that the University will do is call for expressions of interest in voluntary redundancy, and following that will go through a merit-based selection process.

10 days

How should the process work if there are more people than substantially the same positions in the proposed restructure and no one wants redundancy?

If you do not want to explore the redeployment option, the payments are: »» 20 weeks’ notice payment at base rate

If there are more employees than positions then they will apply a merit-based selection process from among the group of directly affected ongoing employees.

What if I am not successful in a merit based selection process in the new structure?

You become a “displaced employee”.

Can the University redeploy me into a lower level in the new structure if I am an eligible employee?

Only with your Agreement and you will retain your higher level salary for 12 months however after that period your salary will be reduced to the maximum step of the new lower level position.

Where the “eligible employee” is unsuccessful in gaining a position in the new structure they then become a “displaced employee” and the redeployment and redundancy provisions in the Agreement apply.

What is a “displaced employee”?

A displaced employee is someone who is no longer able to be gainfully employed in the type of work in which they were engaged because their position in a change proposal has disappeared.

The university will advise a directly affected employee in writing if they are displaced, giving them all details of a redundancy payment including taxation, annual leave and long service leave entitlements. Clause 46 - Redeployment and Redundancy provisions in the Agreement then apply.

The University must fulfil its obligations to displaced employees under the provisions in the Agreement including: »» Discuss employees options regarding redeployment and redundancy; »» Proactively case manage and consult with displaced employees; »» Provide professional assistance in applying for positions, interview techniques and career planning; »» Professional counselling;

What am I entitled to in relation to redundancy payments as a displaced employee if I do not want to stay and explore redeployment options?

»» Payment equal to 3 weeks at your base rate for each completed year of continuous service to a maximum of 60 weeks or; »» As a displaced employee as a result of outsourcing – 4 weeks up to a maximum of 60 weeks.

If I elect redundancy – when do I leave?

Either after 10 days that you advised the university or another date agreed to between you and the employer.

If I elect to be redeployed, what can I expect?

»» You must provide curriculum vitae to assist the redeployment process. »» The employer will over a 12 week period try identify suitable positions for redeployment. A longer period can be negotiated if the employer agrees or; »» If you are displaced due to outsourcing or aged over 45 or have more than 15 years continuous service you are entitled to a total of 16 weeks redeployment period. »» You can continue to work in your own work unit or work temporarily in another and/or undertake training »» The employer will keep a register of displaced employees and examine all vacant positions for suitable appointment prior to advertising the position. Note: suitable displaced employees take place over all others. »» You should receive reasonable time off work to attend job interviews or job search activities. »» You are entitled to retraining to assist with the redeployment process. »» A displaced employee who elects redeployment will not be retrenched if there is a body of work being performed by casual employee/s, where you have the skills, experience and qualifications to perform that work on an ongoing basis.

»» Job search and career transition management services that may include short term training.

Retrenchment is to be used as a last resort.

PROFESSIONAL STAFF AGREEMENT 2014

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NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

Can I refuse an offer of redeployment?

Only if it is a lower level or reduced hours.

Do I maintain my wage if I accept a lower level position?

You maintain your current salary for 12 months. After that time it will be reduced to the highest salary step of the new position.

18. Retrenchment What am I entitled to if I am not redeployed by way of a payout?

If at the end of the redeployment period or period of retraining, a displaced employee who has elected redeployment is not redeployed, they will be retrenched and will be entitled to: »» Payment equal to 8 weeks base rate of pay and; »» Payment equal to 3 weeks at base rate of pay for each completed year of continuous service up to a maximum of 60 weeks.

If you are retrenched as a result of outsourcing, you will receive the following (instead of the above): »» Payment equal to 8 weeks of your base rate of pay and this will increase to 10 weeks of your base rate of pay if you are aged over 45 years and older or has in excess of 15 years continuous service. »» Payment equal to 4 weeks at their base rate of pay for each completed year of continuous service up to a maximum of 60 weeks.

19. Aboriginal and Torres Strait Islander entitlements Are Aboriginal and Torres Strait Islander people entitled to any additional leave to participate in cultural or ceremonial activities?

Yes. Clause 29.5 of the Agreement provides an entitlement of up to 5 paid days per 12 month period for an Aboriginal and Torres Strait Islander employee (other than a casual employee) to participate in cultural or ceremonial activities. There is also an additional entitlement in clause 29.6 of the Agreement of up to 10 days leave without pay for a 12 month period where the paid leave entitlement has been exhausted. These entitlements are in addition to other leave entitlements in the Agreement.

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UPDATED JUNE 2016

Does the university have a strategy on Aboriginal and Torres Strait Islander employment?

Yes. Clause 58 of the Agreement sets out the University’s Aboriginal and Torres Strait Islander Peoples Employment Strategy to develop and implement the improvement of employment and participation of Aboriginal and Torres Strait Islander Peoples at all levels of the University. This clause also establishes the Aboriginal and Torres Strait Islander Peoples Employment Strategy Consultative Committee to monitor and review the implementation of the strategy.

20. Travel Reimbursement If I use my car to work at another campus, can I claim costs?

Your Agreement states if reasonable public transport is not available, WUS will reimburse that cost. When determining “reasonable public transport” there are various things to consider and we encourage you to phone the Branch office to discuss this further if you have made a claim and it has been rejected on these grounds.

21. Superannuation What employer contribution should be made to my super fund?

If you are in an ongoing position, it is 17%.

Casual employees receive the current minimum Government requirement of 9.5% (applicable on and after 1 July 2014).

If you are a fixed term employee on your second or subsequent contract that is for 1 year or more, and that contract followed on immediately after the last contract, you are entitled to 17%. Contract Research Staff with a minimum 12 months service are also entitled to 17% of their superannuable salary if they comply with applicable superannuation scheme rules.

Do I still receive employer superannuation contributions if I take unpaid leave?

It will depend. If you are taking unpaid maternity leave, then the University will continue to make the usual contributions for the first 3 months of your unpaid maternity leave. This will be calculated on your base rate of pay at the time you commenced maternity leave or pro-rata in accordance with 31.6 of the Agreement. There are no provisions if you take other forms of unpaid leave.

PROFESSIONAL STAFF AGREEMENT 2014

NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

UPDATED JUNE 2016

22. Allowances The Agreement provides for various allowances for certain particular work arrangements/groups.

They include: »» Meal allowance »» On-Call allowance »» On-Call for Information Technology Staff »» First Aid Allowance »» Uniform/Laundry Allowance »» Protective/Industrial Clothing Allowance »» Aboriginal & Torres Strait Islander Peoples Language Allowance Please refer to your Enterprise Agreement on the provisions required to receive such allowances.

23. Compliance with the Agreement What if I believe I am not receiving my full entitlements under the Agreement?

Contact the NTEU in the first instance to receive confidential advice. If it is determined you are not receiving an entitlement, NTEU representatives will explain the options available to you to have the matter resolved.

The enterprise Agreement is a binding legal document that has the effect of the Fair Work Act 2009 behind it. The University has a legal obligation to comply with the terms of the Agreement – if it does not the union can hold the university accountable.

PROFESSIONAL STAFF AGREEMENT 2014

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NTEU PROFESSIONAL STAFF HANDBOOK – WESTERN SYDNEY UNIVERSITY

UPDATED JUNE 2016