Human Resources Division

Deakin University Enterprise Agreement 2009-2012

Part 9 Other Matters

66 Consultation on Major Workplace Change

66.1

The parties agree that the management of major workplace change is enhanced by genuine consultation between the University, the NTEU and staff members affected by the change prior to the University implementing major workplace change.

66.2

Major workplace change means changes in organisation, structure or technology that are likely to have significant effects on staff members.

66.3

Significant effects include, but are not limited to:

  1. termination of employment of staff members;

  2. major changes in the composition of the University's workforce;

  3. major reduction in the size of the University's workforce;

  4. the elimination of job opportunities, promotion opportunities or job tenure;

  5. major changes to average hours of work required to be performed by general staff members outside the span of hours set out in clause 26 of this Agreement;

  6. the transfer of staff members to another work location which is more than 15kms from a staff member's existing work location;

  7. the restructuring of jobs in situations involving more than 2 staff members within the same organisational unit; or

  8. proposals by the University to outsource key services or contract out key services currently provided by staff members.

66.4

Where the University has developed a proposal to introduce major workplace change, the University will consult any affected staff members prior to finalising its proposal. The NTEU will also be consulted on the proposal at this stage of the process.

66.5

As a part of this consultation, the staff members and the NTEU will be provided with relevant material and documentation to inform them of the purpose and substance of the change. Consultation will provide sufficient opportunity for the parties to discuss the proposed major workplace change and will include an outline of the likely timeframe for change, implementation arrangements and details of the likely impacts on staff members. Unless otherwise agreed, the period of consultation with the affected staff members and the NTEU at this stage of the process will normally not exceed 3 weeks.

66.6

The University, affected staff members and the NTEU will endeavour to respond in a timely manner to matters raised as a result of the consultation. The University will respond to any written feedback provided by affected staff members or the NTEU.

66.7

If any formal feedback is provided by staff members or the NTEU suggesting alternative proposals to that originally proposed by the University, a further period of up to 2 weeks will then be provided to discuss any alternative proposal before the University's position is finalised. Implementation of any changes under this clause will be undertaken as expeditiously as possible.

66.8

Staff members directly affected by the change proposal may nominate for redeployment within the University. The University will make reasonable endeavours to redeploy the staff members who nominate for redeployment. This process will not delay consultation on this major workplace change process or any other University process.

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67 Total Casual Employment

67.1 The University will use its best endeavours to not exceed the total number of casual staff members employed by the University at the date this Agreement comes into operation. The University agrees to use its best endeavours to reduce the number of casual staff members at the University by a total of 1.0%, on the basis of equivalent full-time staff as a proportion of the total number of staff, by 30 June 2012.

68 Staff Notices

68.1

The University will communicate with staff members through various means, including through posting notices in University staff rooms.

68.2

Any staff member may post a notice about employment matters in a staff room of the University, or distribute a notice about employment matters, in accordance with University policy.

68.3

A duly authorised representative of the NTEU will have the right:

  1. to post any official notice of the NTEU about employment matters in each staff room of a University; and

  2. to distribute any official notice of the NTEU about employment matters to members in each section or department of a University.

68.4

In providing the facility referred to in clause 68.3. the University supports the freedom of association protections in the Fair Work Act 2009, by neither encouraging nor discouraging staff members employed by the University to be members of a union.

69 Intellectual Freedom

69.1

The parties to this Agreement recognise that the University has a policy that enables a staff member to make public comments on a topic within his or her area of expertise and also to make other public comments as long as the staff member does so in his or her private capacity and does not claim to represent the University when making these comments.

69.2

The University undertakes to consult staff members and the NTEU on any proposed changes to the relevant policy which might otherwise affect the freedom of staff members to provide public comment on community affairs as individual members of the community or to provide public comment in their particular area of expertise.

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70 Intellectual Property

70.1

The University will establish and maintain an intellectual property policy which recognises the intellectual property and moral rights provided by common law and legislation, which recognises the copyright provisions consistent with current University legislation and provides for an equitable sharing of proceeds (after costs) from the commercialisation of intellectual property between the creators of the intellectual property and the University.

71 Indigenous Education and Employment

71.1

The parties acknowledge the challenges that relate to "Closing the Gap" and the role Universities will play in achieving this goal. The parties note the Agreement between Deakin University and the Victorian Aboriginal Education Association Incorporated (VAEAI) and the significance of this agreement in achieving Deakin University's objectives for Aboriginal and Torres Strait Islander Higher Education and the goals of the National Aboriginal and Torres Strait Islander Educational Policy (AEP).

71.2

The parties note the Aboriginal and Torres strait Islander employment target in the University's Strategic Plan 2008-2012, and the Aboriginal and Torres Strait Islander Employment and Professional Development Strategy 2009-2012 that seeks to increase, by at least 25%, the number of Aboriginal and Torres Strait Islander staff employed in full-time, ongoing positions (22 staff members identified themselves as Aboriginal and Torres Strait Islanders in official records in 2009).

71.3

The parties acknowledge that Deakin University continues to be the largest employer of Aboriginal and Torres Strait Islander people in the Barwon Region. The University, Institute of Koorie Education and NTEU will actively promote the achievement of the Aboriginal and Torres Strait Islander employment targets and will work to maintain Deakin University as a flagship employer of Aboriginal and Torres Strait Islander people.

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72 Review Committees

72.1

Where a clause in this Agreement refers to a review or appeal committee, it will consist of three members as follows:

  1. a staff member nominated by the University;

  2. a staff member nominated by the NTEU; and

  3. an independent Chair agreed between the University and NTEU from the pool of Chairs established under clause 73 of this Agreement.

72.2

Each committee, in undertaking its role, will:

  1. provide an opportunity for the staff member, or his or her representative (where the staff member chooses a representative in accordance with sub-clause 6.22), and the University representative to make submissions and present and respond to written or oral evidence in relation to the matter before the committee, and take into account such further materials as it believes appropriate to determine the matter before the committee;

  2. call witnesses as it sees fit;

  3. allow the staff member and the University to be represented in accordance with sub-clause 6.22 of this Agreement;

  4. ensure that the staff member, or his or her representative, and the University's representative has the right to ask questions of witnesses, where appropriate;

  5. conduct all interviews in the presence of the staff member, or his or her representative, and the University's representative;

  6. conduct proceedings as expeditiously as possible, consistent with the need for fairness;

  7. conduct proceedings in private (unless otherwise agreed by the committee) as a committee of inquiry;

  8. take into account such further material as it believes is appropriate to the matter before the committee; and

  9. make its report available to the nominated person(s) as specified in the applicable clause of this Agreement within the prescribed timelines.

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73 Chairpersons

73.1

A pool of Chairs who may be selected to chair a review or appeal committee will be established by agreement between the University and the NTEU.

74 Policies and Procedures

74.1

All staff are subject to, and the University will apply, the University's policies and procedures as they exist, from time to time. However, the University's policies and procedures are not incorporated into and do not form part of this Agreement. To the extent of any inconsistency between a policy or procedure and a term of this Agreement, the term of this Agreement will prevail.

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

22nd August 2012