Human Resources Division

Deakin University Enterprise Agreement 2009-2012

Part 3 Hours of Work and Flexible Work Arrangements

26 Hours of Work - General Staff

26.1

The ordinary hours of work for a general staff member will be determined by the University in accordance with this clause.

26.2

The ordinary hours of work for a general staff member will not exceed an average of 36 ¾ hours per week to be worked on one of the following bases:

  1. 36 ¾ hours within a work cycle not exceeding 7 consecutive days;

  2. 73 ½ hours within a work cycle not exceeding 14 consecutive days;

  3. 110 ¼ hours within a work cycle not exceeding 21 consecutive days;

  4. 147 hours within a work cycle not exceeding 28 consecutive days.

26.3

The ordinary hours of work for a general staff member (other than a shift general staff member or maintenance and maintenance support staff) will be worked on any or all of the days of the week, Monday to Friday and continuously, except for meal breaks, between 8:00am and 6:00pm. The span of hours for maintenance and maintenance support staff will be between 6.00am and 4:00pm or 8:00am and 6:00pm or 7:00am and 5:00pm, by agreement between the staff member and his or her manager.

26.4

The ordinary hours of work for a shift general staff member will:

  1. be worked continuously each shift except for meal breaks;

  2. not exceed 10 hours inclusive of meal breaks in any single shift; and

  3. be worked in accordance with clause 30.

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27 Flexible Work Hours - General Staff

27.1

The University has in operation a variety of different working patterns for general staff members which include a four-and-a-half day week, a 9 day fortnight, a 5 day week, a 19 day "month" and flexitime. With the exception of flexitime, each of these working patterns will have a fixed start and finish time as well as a fixed lunch break and operate within a span of hours as specified in sub-clause 26.3 of this Agreement.

27.2

The specified start and finish times may be amended by local arrangement after consultation with the general staff members, to ensure that appropriate levels of flexibility are provided and operational needs are met, while still maintaining the current span of hours.

28 Meal Breaks - General Staff

28.1

A general staff member will not be required to work more than 5 consecutive hours without a break for a meal. A meal break will be at least 30 minutes, but not more than one hour in duration. Time taken for a meal break will be unpaid and will not be counted as time worked.

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29 Overtime - General Staff

29.1

All authorised time worked in excess of or outside of the ordinary hours of work prescribed by clause 26 will be overtime and will be paid for in accordance with this clause.

29.2

Where the general staff member's ordinary hours of work are fixed, each day's work will stand alone in computing overtime and overtime rates will apply to all time worked in excess of or outside of the fixed hours.

29.3

Where the general staff member's daily ordinary hours of work are flexible, the total hours worked in a work cycle as defined in clause 26 will be calculated and overtime rates will apply to all time worked in excess of the ordinary hours of work prescribed for the work cycle.

29.4

Any period of overtime which is continuous with ordinary duty and which extends beyond midnight will be deemed to have been performed on the day the overtime commenced.

29.5

Where overtime is not continuous with ordinary duty and involves duty before and after midnight, the overtime will be deemed to have been worked on the day for which the higher rate is payable.

29.6

Overtime will be calculated to the nearest quarter of an hour of the total amount of overtime worked in a work cycle.

29.7

A general staff member in receipt of a salary in excess of HEW 7 will not be eligible to receive payment for overtime but will be allowed time off work equivalent to the period of overtime worked.

29.8

The salary of a general staff member for the purposes of computation of overtime will not include shift work allowances or casual loading but will include higher duties allowance and any other allowance in the nature of salary.

29.9

Payment for overtime calculated for any period in accordance with the provisions of this clause will not be subject to any limitation in amount within a work cycle as defined in clause 26.

29.10

Subject to sub-clause 29.11 the following rates will apply in respect of overtime:

29.10.1 Other than shift general staff members:

  1. for overtime worked Monday to Saturday inclusive - ordinary rate plus 50% for the first 3 hours and ordinary rate plus 100% thereafter;

  2. for overtime worked on a Sunday - ordinary rate plus 100%;

  3. for overtime worked on a University holiday - ordinary rate plus 150%.

 

29.10.2 Shift general staff members:

  1. on any day except on a University holiday - ordinary rate plus 100%:

  2. on a University holiday - ordinary rate plus 150%.

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29.11

A general staff member in receipt of a salary not exceeding that prescribed for the top increment of HEW 7 may, by mutual agreement between the staff member and the University reached prior to the overtime being worked, take time off in lieu of overtime payment such time off being calculated in the same manner as is prescribed in sub-clause 29.10, for payment for overtime worked.

General staff member recalled to duty

29.12

A general staff member required to work overtime which is not continuous with ordinary duty will receive a minimum 3 hours payment in respect of that overtime notwithstanding that the period of duty may be less than 3 hours.

29.13

Where more than one overtime attendance is involved the minimum payment provision will not operate to increase the overtime payment beyond that which would have been payable had the general staff member remained on duty from the time of commencing one attendance to the time of ceasing a subsequent attendance.

Rest relief after overtime

29.14

A general staff member required to work so much overtime that there is not a break of at least 10 consecutive hours plus reasonable travelling time between the cessation of one period of duty and the commencement of the next ordinary period of duty, will be released after completion of the overtime duty for a period of not less than 10 consecutive hours plus reasonable travelling time and such release will be without any loss of pay for scheduled ordinary duty occurring during such absence.

29.15

A general staff member required by the University to resume or continue work without having at least 10 consecutive hours plus reasonable travelling time off duty will be paid at ordinary rate plus 100% until released from duty for not less than 10 consecutive hours plus reasonable travelling time off duty and release will be without loss of pay for any scheduled ordinary duty occurring during such absence.

29.16

For the purpose of this clause, reasonable travelling time will mean the period of time normally required to travel from the place of residence of the general staff member to the University and back.

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30 Shiftwork - General Staff

30.1

This clause will not apply to a general staff member whose salary exceeds that prescribed for the top increment of HEW 7.

30.2

For the purpose of this clause:

  1. "Day Shift" means any shift starting at or after 6am and finishing at or before 6pm.

  2. "Afternoon Shift" means any shift finishing after 6pm and at or before midnight.

  3. "Night Shift" means any shift finishing after midnight and at or before 8am.

  4. "Ordinary Shift" means any shift on which a shift general staff member is rostered for work within the ordinary hours of work of the staff member and according to the relevant roster cycle;

  5. "Overtime Shift" means any shift worked by a shift general staff member in excess of five shifts per week;

  6. "Relevant Roster Cycle" means a sequence of shifts in a roster to be worked by a shift general staff member in the ordinary working hours of the staff member and arranged so as to form a recurring cycle of 5 days on shift and 2 days off shift per week.

  7. "Rostered Shift" and "Shift" means a continuous period of work during which a shift general staff member is rostered for work.

  8. "Week" means a period of 7 consecutive days, calculated from the commencement of the relevant roster cycle.

30.3

Except as provided in sub-clause 30.4 a shift general staff member working an afternoon or night shift will, for any ordinary hours of work worked on Monday to Friday inclusive, be paid the ordinary rate of pay plus 15%.

30.4

A shift general staff member required to work an ordinary shift on a Saturday, Sunday or University holiday will be paid the staff member's ordinary rate of pay plus:

  1. On a Saturday - 50%;

  2. On a Sunday - 100%;

  3. On a University holiday - 150%.

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30.5

A shift general staff member whose rostered day off duty falls on a University holiday will be given one day's leave in lieu of the holiday.

30.6

A shift general staff member who without 72 hours notice is:

  1. transferred from day work to shift work;

  2. transferred from one shift roster to another shift roster;

  3. transferred to an unrostered shift; or

  4. transferred to another shift within the roster,

will be paid an additional allowance of 50% of the ordinary rate of pay of the staff member for any day, afternoon or night shift to which the staff member is transferred and which occurs before the expiry of 72 hours notice of the transfer. The allowance provided under this clause will be paid in lieu of the allowance provided under sub-clause 30.3.

30.7

Unless agreed between a shift general staff member and the University, shift rosters will be arranged so that shifts are rotated on a weekly basis.

30.8

A shift general staff member whose ordinary hours of work are performed over 7 days a week including Sundays and University holidays will, in addition to the staff member's normal leave entitlement, be granted additional recreation leave as follows:

  1. where the rostered time of the staff member's ordinary hours of work includes at least 10 Sundays - an additional 5 working days; or

  2. where the rostered time of the staff member's ordinary hours of work includes less than 10 Sundays - additional leave at the rate of half a day in respect of each Sunday so rostered.

30.9

The additional recreation leave set out in sub-clause 30.8 will exclude non working days and University holidays.

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31 Workloads - General Staff

31.1

The University is committed to ensuring that a general staff member's workload is fair and reasonable. Workloads will be determined on a fair, transparent and consultative basis taking into consideration the level of appointment and total responsibilities.

31.2

The University will take reasonable steps to ensure that a general staff member does not work excessive or unreasonable hours and is not working in excess of any hours of work prescribed by this Agreement.

31.3

The allocation and management of a general staff member's workload is the responsibility of the staff member's supervisor, in consultation with the staff member.

31.4

Where significant changes in academic work or work practices are proposed, the impact on a general staff member's workload will be discussed with a view to resolving any issues with the affected staff member.

31.5

A general staff member who considers that his or her workload is unreasonable may seek a review in the first instance with the staff member's supervisor. If the matter remains unresolved, it will be referred to the staff member's manager who will attempt to resolve the matter. If the matter is still unresolved the matter may be referred for final resolution to a Review Committee prescribed under clause 72 of this Agreement. This clause is not intended to limit the operation of the dispute settling procedure set out in clause 64 of this Agreement.

31.6

Where general staff members in a work area have ongoing concerns regarding alleged excessive workloads in the work area, the staff members may request their manager to hold a workload review forum as soon as is practicable to discuss the issues and, where necessary, attempt to prevent and/or resolve any local issues.

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32 Academic Workloads

32.1

The University is committed wherever possible to:

  • ensuring the workload of an academic staff member is reasonably manageable and consistent with the continued health and safety of the staff member
  • a fair level and equitable distribution of workload for academic staff
  • a transparent process of workload allocation, and
  • managing the workload of academic staff members to ensure that teaching and service responsibilities are contained and adequate time is allowed for research and scholarship.

32.2

The management and regulation of academic workloads will be based on the processes set out below.

Academic Work

32.3

Academic work at the University embraces teaching, research and scholarship, and service. All academic staff members at the University should have adequate and appropriate opportunities to perform in all these areas.

32.4

An academic workload is a combination of self-directed and allocated tasks. The allocated proportion of an academic staff member's work will include, for example, teaching, assessment, supervision and the necessary administrative work and service associated with teaching and research in a collegial environment.

32.5

The remainder of an academic staff member's working time is self-directed, consistent and aligned with the University's strategic plans and announced priorities. It is time in which staff members conduct research, or other scholarly activity, as appropriate to their appointment to the University.

32.6

The combined teaching and service components of the workload of an academic staff member who is not research active will be greater than those normally allocated to an academic staff member who is research active, to ensure that the former has a full workload. This may include an academic staff member who is not research active being required to teach in 5 out of 6 trimesters over a 2 year period as determined through the relevant Faculty Academic Work Allocation Model.

32.7

The University recognises 1690 hours per annum (over 46 weeks of the year) as the maximum number of hours allocated annually to staff. The starting point for discussions about the allocation of work for teaching, research and scholarship and service with academic staff is:

  • Teaching 40%
  • Research and Scholarship 40%
  • 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.

In extraordinary circumstances, the teaching load for an academic staff member who is not research active may exceed 60%. If the teaching load exceeds 60%, the teaching load for the staff member will be averaged to 60% over a two year period. From the commencement of trimester 3, 2011 this sub-clause will only apply if the staff member is agreeable. In all other circumstances, the teaching load for an academic staff member who is not research active will not exceed 60%.

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Faculty Academic Work Allocation Models

32.8

The allocation of academic workloads will be dealt with through the use of Faculty Academic Work Allocation Models. Faculty Academic Work Allocation Models will be reviewed on an annual basis in consultation with the NTEU.

32.9

Faculty Academic Work Allocation Models will address the following factors:

32.9.1 Teaching: teaching activities vary across schools and academic groups and may include but are not limited to:

  • Undergraduate and postgraduate teaching including face to face, distance and online teaching; examples include lectures, tutorials, seminars, workshops, practical classes, laboratory work and supervision, and clinical skills and practice teaching
  • Assessment and marking
  • Student consultation and communication such as face–to-face, telephone and online
  • Unit administration, such as developing assessment, preparing Unit Guides or Outlines, participating in assessment panels and submitting results
  • Honours and HDR supervision
  • Development and revision of teaching and learning resources, including curriculum development
  • Professional development activities relevant to teaching, including teaching evaluation and self review.

32.9.2 Research and Scholarship: research and scholarship activity will be based on the range of activities below and will clearly state expected research outcomes in the individual staff member’s workload allocation for the year. Such activities may encompass but not be limited to:

  • Conducting research and preparation of results for Higher Education Research Data Collection recognised publications
  • Application of research expertise and outcomes in the translation of knowledge for community, state and national benefit including the writing and publishing of research reports
  • Creative practice, including performance
  • Presenting research papers at national and international conferences
  • Writing and submitting internal and external funding bids and grant applications
  • Undertaking and managing research projects and programs
  • Writing and submitting grant applications
  • Participating in research administration
  • HDR supervision and coordination
  • Mentoring of junior academic staff
  • Reviewing ethics application for DUHREC or HEAG
  • Application of scholarly and research expertise to innovation and invention, with appropriate involvement in the commercialisation of outcomes
  • Professional development activities relevant to research
  • Opportunity to become research active.

(Note: HDR supervision is included in both the teaching and research, and scholarship activities sections above as allocation will depend upon the workload allocation arrangements that apply in a particular academic unit).

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32.9.3 Service: service activities will relate to the core business of the University, and may include activities identified in the strategic or operational plans. Internal and external activities may include but are not limited to:

  • Formal management and leadership duties within the School, Faculty or University such as membership of, or chairing, School, Faculty or University committees
  • Unit, program or course coordination, development or accreditation
  • Developing, organising or co-ordinating professional fieldwork, practicums, clinical placements, or work integrated learning
  • Attendance at University open days and School and Faculty days
  • Student recruitment and selection including school visits and HDR student recruitment
  • Commercial projects and consultancies (other than approved outside work)
  • Professional practice and contributions, agreed in advance with the supervisor, which should take account of ERA esteem factors. These include membership of the board or executive of professional associations, conference chairs and editing of journals
  • Public profile raising such as media activities
  • Community engagement, agreed in advance with the supervisor
  • Professional development activities relevant to service
  • Other approved projects and activities undertaken in consultation with the staff member’s supervisor.

32.10

The parties will review the Faculty Work Allocation Models on an annual basis to ensure the requirements of this Agreement are met. The development of new Faculty Work Allocation Models will also be reviewed prior to implementation.

32.11

Faculty Academic Work Allocation Models will take into account those activities specified in sub-clause 32.9, including those activities in 32.9.2 which will be used to determine the level of research active status for an individual member of staff in allocating workload, as well as including, where relevant, the following factors:

  • Modes of delivery
  • The experience of the academic staff member
  • The number of students taught by the academic staff member and the student profile
  • Methods of assessment and marking
  • The spread of teaching across day and evening programs and across the trimesters
  • Staff development requirements, including higher degree study, support for Early Career Researchers and the Graduate Certificate of Higher Education (GCHE)
  • Level of appointment
  • Intercampus teaching and travel, and
  • Off-shore teaching and travel.

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Part-Time Academic Staff

32.12

A part-time academic staff member will normally undertake as full a range of duties as a full-time academic staff member but on a pro-rata basis.

Individual Workload Allocation Review

32.13

If an individual academic staff member has a concern about an academic workload allocation, in the first instance, this should be discussed with the academic staff member's supervisor. Where it is not possible to resolve the concern by this means the academic staff member may appeal to the Dean for review. If the matter is not resolved by the Dean the staff member may then take their concerns to the Workloads Review Committee formed in accordance with the terms of clause 72 of this Agreement. If these discussions do not resolve these concerns then the Workloads Review Committee will provide advice to the Vice-Chancellor. The Vice-Chancellor will consider this advice before making a decision, which will be final.

32.14

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 during which, if approved, he or she will have his or her workload adjusted to allow sufficient time for the staff member to become research active. This adjustment will include being required to teach in no more than two out of three trimesters in the first year, and subject to satisfactory research performance in that year, no more than two out three trimesters in the second year.

Flexible Teaching Calendar

32.15

The University and the NTEU agree that they will use their best endeavours to implement the academic teaching calendar. However, the parties also recognise that staff members may have legitimate concerns about the academic teaching calendar. Recognising these concerns, the University and the NTEU agree that a review of the trimester system will be undertaken. This review will commence in 2010 when the views of staff members and students will be sought.

32.16

The University will, in consultation with the NTEU, monitor the work allocation of general staff as a result of the introduction of the flexible academic teaching calendar at Deakin and take appropriate action, if necessary.

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33 Staff Relocations

33.1

If the University requires a staff member to transfer between a metropolitan campus and a non-metropolitan campus or between campuses in Geelong and Warrnambool for work-related reasons, which transfer requires the staff member to change his or her place of residence, the staff member will be entitled to reimbursement of reasonable relocation expenses in accordance with current University policy. The staff member will also be entitled to up to two days' paid leave to enable the staff member to relocate to the new residence.

33.2

If a staff member is required to perform all or the major part of his or her duties at a campus or other premises of the University other than at the staff member's previous place of work with the University and the staff member elects, for whatever reason, to relocate to a residence closer to the campus or other premises, the staff member will be entitled to up to two days' paid leave to enable the staff member to relocate to the new residence.

34 Travel Between Campuses

34.1

A staff member attached to a designated campus will not be assigned unreasonable responsibilities at another campus. However, the staff member may be required to travel from time to time to and from campuses to meet work requirements.

34.2

Where travel referred to in sub-clause 34.1 is necessary, a University vehicle will be provided whenever possible or the University may authorise the use of the staff member’s own vehicle. If the staff member uses his or her own vehicle for this travel, the rate of payment per kilometre will be calculated in accordance with clause 56.

34.3

For a general staff member, time spent travelling between campuses on University business will count as time worked, provided that the travel is completed within 24 hours before or after the start or completion of the relevant work. Travel outside this 24 hour time span will be regarded as private travel and will not count as time worked nor entitle the staff member any conditions of employment. Travel time within work hours will be calculated on the basis of the period of travel by the staff member in excess of the normal time spent travelling to and from the staff member's place of work and home.

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35 48/52 Week Employment Cycle

35.1

The University will offer the option for a full-time staff member to apply to take eight weeks' recreation leave in a year and receive 48 weeks salary, which would be payable over the full 52 weeks. The application will be considered by the staff member's senior manager and a decision whether to approve the application will be based on the operational needs of the area in which the staff member works. However, it is acknowledged that, consistent with the University's commitment to family friendly initiatives, the University will, subject to operational requirements, make all reasonable endeavours to accommodate any application made under this clause. Approved applications will start at the beginning of the calendar year.

35.2

Under this arrangement, a staff member will become a part-time staff member at approximately 92% of a full-time load, with all benefits accruing on that basis. Except that, subject to the provisions of the relevant superannuation scheme, the University will maintain superannuation contributions for the staff member based on the full-time salary rate and the staff member will also maintain his or her superannuation contributions based on the same full-time rate.

35.3

A staff member working a 48/52 week employment cycle will retain benefits accrued on a full-time basis up to the date the staff member starts working this cycle. Benefits accrued after this date will accrue at the new part-time rate.

35.4

The taking and accrual of recreation leave will be in accordance with clause 44, except that the maximum carry over of recreation leave at 31 December of any one year will be 40 days.

 

35.5

In taking recreation leave in any one year, the staff member will not be required to take 8 weeks' leave in one block. However, the staff member could elect to take leave in this manner. The supervisor when considering the request should ensure that the staff member has an opportunity to take leave at a reasonably mutually convenient time which meets the staff member's needs, where possible, and also meets the operational needs of the University.

35.6

A staff member working a 48/52 week employment cycle will be subject to normal arrangements in relation to the rate of accrual of leave.

35.7

At the end of the 48/52 week employment cycle, the staff member will revert back to his or her normal full-time status unless approval is given to extend the 48/52 week employment cycle for a further year. A staff member is required to use all additional recreation leave accrued during the 48/52 week employment cycle before reverting back to his or her normal full-time status.

35.8

A staff member who terminates his or her employment during the 48/52 week employment cycle will be paid for the accrued but unused period of recreation leave at the appropriate part-time rate. Where entitlements have accrued at the full-time rate, any payment made for this leave will be calculated at the full-time rate.

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

22nd August 2012