Human Resources Division

Deakin University Enterprise Agreement 2009-2012

Part 1 Introduction

1 Application

1.1

This Agreement was negotiated between the University and the NTEU and the parties to this Agreement will be the University, the NTEU and all staff members employed by the University except those staff members who are employed pursuant to an Australian Workplace Agreement (AWA) that continues to apply to the staff member.

The University will, within 1 month of the approval of this Agreement, provide to each staff member who would but for the operation of an AWA be covered by this Agreement, an offer to terminate their AWA. Thereafter, the University will facilitate any request from a staff member to terminate their AWA. Subject to the condition set out in the next paragraph, the University will then take the necessary steps under the Fair Work Act 2009 to terminate an AWA. This offer would not apply to any staff member who was eligible, or who but for the operation of an AWA would have been eligible, to be offered a senior staff performance contract.

Notwithstanding the termination of an AWA pursuant to this clause, the staff member will not, as a consequence of that termination, suffer any demotion, or reduction or loss of remuneration.

2 Salary Increase

2.1

On the dates set out below, staff members to whom this Agreement applies will receive salary increases totalling 16%. Each of the increases will 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 2.0%

30 August 2010 2.0%

30 April 2011 2.0%

30 August 2011 2.0%

30 April 2012 4.0%

2.2

In addition to the salary increases outlined in sub-clause 2.1, the University will make a non-superannuable payment of $1,000 to all staff members who are full-time staff members on the date that this Agreement is made. An equivalent pro rata payment will be made to staff members who are part-time staff members on the date that this Agreement is made. To be eligible for a payment, a casual staff member must have performed paid work for the University at any time in the period from the beginning of trimester 1, 2009 up to the date this Agreement is made and must have worked a minimum total of 100 hours during this period (for a general staff member) or a minimum total of 50 hours during this period (for an academic staff member). The payment will then be calculated based on the average number of hours per week worked by the casual staff member over that period. The University will deduct from the payments any taxation payments required by law.

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3 Duration of Agreement

3.1

This Agreement will come into operation 7 days after it is approved by Fair Work Australia. The nominal expiry date of this Agreement is 30 June 2012.

4 Operation of the Agreement

4.1

This Agreement operates to the exclusion of and wholly replaces all relevant awards and agreements which may otherwise, but for this clause, apply to the staff members to whom this Agreement applies.

4.2

The parties to this Agreement agree that they will not pursue any extra claims prior to the nominal expiry date of this Agreement, except where permitted by this Agreement.

4.3

The rates of pay set out in this Agreement absorb, to the extent possible, any minimum safety net adjustment or any changes in rates of pay arising from any decision of the Australian Fair Pay Commission, Fair Work Australia or any successor body handed down during the life of this Agreement.

4.4

The University and the NTEU agree that the expeditious negotiation of a replacement Agreement is in the interests of the University and staff. To this end the NTEU and the University agree to commence bargaining for a replacement Agreement no later than 31 March 2012.

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5 Purpose of the Agreement

5.1

The purpose of this Agreement is to outline the initiatives that will ensure the ongoing growth and viability of the University as well as build a positive workplace culture that provides for flexibility and responsiveness and also provides for recognition of performance at the organisational and individual level.

5.2

This will require productivity gains and improvements in efficiency, effectiveness, quality and flexibility while providing a meaningful and attractive work environment for staff members which recognises and rewards contribution in the workplace and provides work life balance.

5.3

The University values the contribution of staff members. Any staff reductions that might arise will be managed, as far as possible, through natural attrition or early retirement, redeployment, fixed-term pre-retirement contracts, voluntary conversion to part-time employment, leave arrangements or voluntary separation, with redundancy being used as a last resort.

5.4

The University will provide NTEU with staffing data on request in order to assist with cooperative monitoring and implementation of this commitment.

5.5

In making this Agreement, the University agrees it will adhere to the freedom of association protections in the Fair Work Act 2009. Accordingly, nothing in this Agreement will be construed as either encouraging or discouraging staff members to become or not to become members of a union or unions.

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6 Definitions and General Matters

6.1

"Academic Year" means the period of time from the first day of Trimester 1 in any year to the day preceding the first day of Trimester 1 in the following year, both inclusive.

6.2

"Agreement" means the Deakin University Enterprise Agreement 2009-2012.

6.3

"Base hourly rate of pay" for a casual general staff member means the rate of pay calculated by dividing the annual rate of pay for the staff member's classification by 52 and then dividing that amount by 363⁄4.

6.4

"Contingent funding" is limited term research funding provided from external sources, but not funded through an operating grant from Government or funding comprised of payment of fees made by or on behalf of students.

6.5

"De facto partner" means a person who, although not legally married to the staff member, lives with the staff member in a relationship as a couple on a genuine domestic basis (whether the staff member and the person are of the same or different sexes). The definition also includes a former de facto partner of the staff member.

6.6

"Fixed-term employment" means employment for the fixed period of time specified in the staff member's contract of employment.

6.7

"Full pay" see the definition of "salary".

6.8

"Half pay" see the definition of "salary".

6.9

"Head of Organisational Unit" means the Vice-Chancellor, the Executive Director, Office of the Vice-Chancellor, a member of the University’s Senior Executive or a Dean.

6.10

"Immediate family" of a staff member means a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the staff member or of a spouse or de facto partner of the staff member and also includes a person for whom the person has caring responsibilities arising from an Aboriginal and Torres Strait Islander kinship relationship of equivalent status to those listed above.

6.11

"NTEU" means the National Tertiary Education Industry Union.

6.12

"Ordinary hours of work" means the staff member's ordinary hours of work set out in clause 26.

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6.13

"Ordinary rate of pay" means the staff member's salary plus any higher duties allowance or first aid allowance if the staff member is entitled to these allowances under this Agreement. A staff member's ordinary rate of pay will not include any shift work allowance or casual loading.

6.14

"Party" and "Parties" means, unless stated otherwise, the University, NTEU and staff members to whom this Agreement applies.

6.15

"PPR process" means the Performance Planning and Review process.

6.16

"Salary" means the rate of pay applicable to a staff member's classification as specified in either Schedules A, C, H or I of this Agreement. The salary for a staff member employed under a senior staff performance contract will be the salary referred to in the staff member's contract. A reference to payment on "full pay" is a reference to the staff member's salary and a reference to payment on "half pay" is a reference to payment at half of the staff member's salary.

6.17

"Senior Manager" means the Vice-Chancellor, the Executive Director, Office of the Vice-Chancellor, Deputy Vice-Chancellor, Pro-Vice Chancellor, any member of the University's Senior Executive as well as Deans, Heads of Institutes/Units, Heads of Schools and Divisional Directors.

6.18

"Spouse" includes a former spouse of the staff member.

6.19

"Supervisor" includes a manager, supervisor and team leader.

6.20

"Teaching period" means a period during the academic year that the University nominates as a period within which teaching and assessment occurs.

6.21

"University" means Deakin University.

Representation

6.22

At any stage during a process referred to in this Agreement that involves a staff member, the staff member may request assistance or representation by a person of his or her choice provided that the person is not an Australian legal practitioner or a person who is undergoing practical training for the purposes of being admitted to the legal profession, including a person undertaking practical legal training under the Legal Profession (Admission) Rules 2008 (other than a union official who is an Australian legal practitioner or a person who is undergoing practical training for the purposes of being admitted to the legal profession, including a person undertaking practical legal training under the Legal Profession (Admission) Rules 2008).

Anti-Discrimination

6.23

In accordance with relevant anti-discrimination legislation, the University will not discriminate on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, trade union membership and activity, national extraction or social origin and will continue to work to help prevent and eliminate any such discrimination.

Reference to position

6.24

If reference is made in this Agreement to a task, duty, role or responsibility to be fulfilled or undertaken by a person in a particular position, the task, duty, role or responsibility may be fulfilled or undertaken by that person's nominee or person acting in that position or a successor position.

Deakin University acknowledges the traditional land owners of present campus sites.

22nd August 2012