1. TITLE 

The Agreement will be known as the Monash University Enterprise Agreement (Academic and Professional Staff) 2024.

2. ARRANGEMENT

PART A – PRELIMINARIES

1. TITLE

2. ARRANGEMENT

3. DEFINITIONS

4. OPERATION OF AGREEMENT

5. APPLICATION AND PARTIES BOUND

6. AVAILABILITY OF AGREEMENT

7. OPERATION OF AWARDS AND AGREEMENT

8. NO EXTRA CLAIMS

9. RE-OPENING OF NEGOTIATIONS

10. UNIVERSITY POLICY

11. INTELLECTUAL AND ACADEMIC FREEDOM

12. INDEPENDENT REVIEWERS

13. DISPUTE RESOLUTION PROCEDURE

14. CONSULTATION ABOUT CHANGE

15. JOB SECURITY

PART B – EMPLOYMENT REGULATION

16. PERFORMANCE-BASED CONTRACTS (PBCs)

17. MODE OF EMPLOYMENT

18. SEASONAL EMPLOYMENT

19. ANNUALISED HOURS EMPLOYMENT

20. CONTINUING (DEFINED PERIODS) ACADEMIC EMPLOYMENT

21. TEACHING FELLOWS

22. CONTINUING (CONTINGENT FUNDED) EMPLOYMENT

23. FIXED-TERM NOTICE, RENEWAL AND SEVERANCE

24. CASUAL STAFF CAREER PROGRESSION

25. INTERCAMPUS WORK, TRAVEL AND TRANSFERS

PART C – SALARIES AND RELATED MATTERS

26. SALARY INCREASES

27. PAYMENT OF SALARIES AND DEDUCTIONS

28. PAYMENT OF INCREMENTS

29. ANNUAL LEAVE LOADING

30. SALARY PACKAGING

31. SUPERANNUATION

PART D – WORKPLACE FLEXIBILITY

32. ON-CALL AND CALL-BACK FOR APPLICABLE PROFESSIONAL STAFF

33. CONDITIONS FOR MONASH UNIVERSITY 12 HOUR SHIFT ROSTER FOR ENGINEERING SERVICES OFFICERS (ESOs)

34. VOLUNTARY REDUCED WORKING YEAR

35. PRE-RETIREMENT

36. EXCHANGE OF ANNUAL LEAVE LOADING FOR EXTRA LEAVE

37. INDIVIDUAL FLEXIBILITY ARRANGEMENTS

38. REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS

39. WORKING FROM HOME

PART E - LEAVE AND HOLIDAY ENTITLEMENTS

40. DEFINITIONS AND GENERAL CONDITIONS

41. CONTINUITY OF LEAVE

42. ANNUAL LEAVE

43. SICK AND CARER'S LEAVE

44. LONG SERVICE LEAVE

45. PARENTAL LEAVE

46. GENDER AFFIRMATION

47. OTHER LEAVE

48. UNIVERSITY HOLIDAYS

49. CHRISTMAS/NEW YEAR CLOSEDOWN ARRANGEMENTS

PART F - STAFF WELFARE MANAGEMENT

50. LEAVE OR MAKE-UP PAY TO INCAPACITATED STAFF MEMBERS

51. OCCUPATIONAL WELFARE

52. OCCUPATIONAL HEALTH AND SAFETY

53. FITNESS FOR WORK

54. FAMILY VIOLENCE

55. ENVIRONMENTAL SUSTAINABILITY

PART G - CESSATION OF EMPLOYMENT

56. REDUNDANCY - ACADEMIC STAFF

57. ACADEMIC REDUNDANCY REVIEW

58. REDUNDANCY – PROFESSIONAL STAFF

59. REDEPLOYMENT PROCESS – ACADEMIC AND PROFESSIONAL STAFF

60. TERMINATION OF EMPLOYMENT ON THE GROUNDS OF ILL-HEALTH – ACADEMIC STAFF

PART H - DISCIPLINARY MATTERS

61. GENERAL MATTERS

62. UNSATISFACTORY PERFORMANCE

63. MISCONDUCT AND SERIOUS MISCONDUCT

64. REVIEW OF DECISION – TERMINATION OF EMPLOYMENT OR DEMOTION

65. BREACHES OF THE RESEARCH CODE

PART I – GRIEVANCE MATTERS

66. EMPLOYMENT RELATED GRIEVANCE RESOLUTION PROCEDURE

67. WORKPLACE BULLYING

PART J - PERFORMANCE/EMPLOYMENT MANAGEMENT

68. PROBATIONARY EMPLOYMENT PRINCIPLES - ACADEMIC STAFF

69. ACADEMIC WORKLOADS

70. TEACHING PERIODS

71. OUTSIDE STUDY PROGRAM (OSP)

72. ONLINE TEACHING AND LEARNING

73. WORKING OFF-SHORE

74. PERFORMANCE DEVELOPMENT

75. PROFESSIONAL STAFF WORKLOADS

76. RIGHT TO DISCONNECT

77. PROFESSIONAL STAFF POSITION CLASSIFICATIONS

78. JOB REDESIGN

79. ABORIGINAL AND TORRES STRAIT ISLANDER EMPLOYMENT

PART K - PROFESSIONAL STAFF CONDITIONS

80. HOURS OF DUTY AND SPAN OF HOURS

81. EXTENDED SHIFT ARRANGEMENTS

82. MEAL BREAKS

83. OVERTIME AND TIME OFF IN LIEU

84. SHIFT WORK

PART L - MISCELLANEOUS PROVISIONS

85. TRAVELLING, MEAL, VEHICLE AND RELATED EXPENDITURE

86. CHANGES TO ROSTERS OR HOURS OF WORK

87. UNION ACCESS

ALLOWANCES APPLICABLE TO PROFESSIONAL STAFF ONLY

88. HIGHER DUTIES ALLOWANCE

89. OVERTIME MEAL ALLOWANCE

90. MOTORCYCLE AND BICYCLE ALLOWANCE

91. SLEEP OVER ALLOWANCE

ALLOWANCES AND LOADINGS APPLICABLE TO ACADEMIC STAFF ONLY

92. CAMPING ALLOWANCE

93. CLINICAL LOADINGS

SCHEDULE 1 – ANNUAL SALARY RATES

1. PROFESSIONAL STAFF ANNUAL SALARY RATES

2. ACADEMIC STAFF ANNUAL SALARY RATES

SCHEDULE 2 – SESSIONAL RATES INCLUDING CASUAL ACADEMIC RESEARCH ASSISTANT RATES

SCHEDULE 3 – SESSIONAL RATES DESCRIPTORS

1. TUTORIALS

2. LECTURES AND SEMINARS

3. MUSICAL ACCOMPANYING WITH SPECIAL EDUCATIONAL SERVICES

4. UNDERGRADUATE CLINICAL NURSE EDUCATION

5. MARKING

6. SUPERVISION

7. OTHER REQUIRED ACADEMIC ACTIVITY

SCHEDULE 4 – PART-YEAR, SEASONAL AND ANNUALISED HOURS TERMS

1. CONVERSION

2. SEASONAL, PART-YEAR, OR ANNUALISED HOURS OF EMPLOYMENT

SCHEDULE 5 – PROFESSIONAL STAFF POSITION CLASSIFICATION DESCRIPTORS

1. DEFINITIONS

2. HIGHER EDUCATION WORKER LEVEL 1

3. HIGHER EDUCATION WORKER LEVEL 2

4. HIGHER EDUCATION WORKER LEVEL 3

5. HIGHER EDUCATION WORKER LEVEL 4

6. HIGHER EDUCATION WORKER LEVEL 5

7. HIGHER EDUCATION WORKER LEVEL 6

8. HIGHER EDUCATION WORKER LEVEL 7

9. HIGHER EDUCATION WORKER LEVEL 8

10. HIGHER EDUCATION WORKER LEVEL 9

11. HIGHER EDUCATION WORKER LEVEL 10

3. DEFINITIONS

3.1 "Aboriginal and Torres Strait Islander staff members" means staff members of Aboriginal and/or Torres Strait Islander descent who identify as Aboriginal and/or Torres Strait Islander persons and who are accepted as such by their Aboriginal and/or Torres Strait Islander community in Australia.

3.2 Subject to clause 40, "continuous service" means service with the University which the University recognises for continuity of employment. This includes paid service, periods of approved leave and any service expressly recognised under clause 40.

3.3 "Indigenous" means pertaining to Australian Aboriginal and Torres Strait Islander staff members (as defined).

3.4 "Long term casuals" means casual professional staff or sessional staff who have been employed by the University on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months.

3.5 "NTEU" means the National Tertiary Education Industry Union.

3.6 "Operative Date" means the date from which this Agreement operates as specified in the approval decision of the Fair Work Commission.

3.7 "Ordinary rate of pay" means the staff member’s hourly, daily or other rate of pay (excluding sessional rates) calculated on the base annual salary payable in accordance with the relevant classification as set out in Schedule 1, except where elsewhere provided in this Agreement.

3.8 "Parties" shall mean the University and the NTEU and any other union where that union has acted as a bargaining representative in relation to this Agreement and notifies the Fair Work Commission of its intention to be bound pursuant to the Fair Work Act 2009 , unless otherwise implied by the context.

3.9 "Representative" means a person chosen by the staff member but not a practising barrister or solicitor.

3.10 "Shift worker" for the purposes of this Agreement means a professional staff member who works shift arrangements according to a written shift roster under which they are regularly rostered to work one or more day shifts, afternoon shifts or night shifts which extend beyond the span of hours specified in clause 80.3 that would otherwise apply to the staff member if they were not a shift worker.

3.11 "Staff member" means academic and professional staff however employed by the University.

3.12 "Suitable Alternative Employment" means employment either external to the University where the employment has been negotiated or procured by the University or within the University:

(a) for which a staff member meets the essential requirements; and

(b) which the staff member could perform satisfactorily within, what is in all the circumstances, a reasonable time; and

(c)

(i) which, in relation to employment within the University, is to be of equivalent grade and salary; or
(ii) which, in relation to employment external to the University, is to be on substantially equivalent conditions, grade, and remuneration and which are no less favourable overall; and

(d) which is to be filled at the same fraction of full-time as the staff member was employed in the redundant position (or an alternative fraction if the staff member agrees); and

(e) in respect of which a rejection by a staff member of an offer on the grounds of geographic location of the position will not be regarded as an unreasonable rejection if the new geographic location is unreasonably distant.

3.13 "Supervisor" means the person who is responsible for the day-to-day supervision of the staff member.

3.14 "Termination of employment" means termination of employment at the initiative of the University.

3.15 "Termination payment(s)", "termination pay", "termination benefit(s)", or "Redundancy Payment" as referred to in clauses 56 and 58 means a payment, the entirety of which shall comprise a genuine redundancy payment, save that the component of any severance payment necessary to satisfy the minimum payment in lieu of notice required under the Fair Work Act 2009, if any, shall be a payment in lieu of notice rather than a genuine redundancy payment.

3.16 "University" means Monash University, a body politic and corporate established under the Monash University Act 1958 and continued under the Monash University Act 2009 and comprises all of its campuses and locations in Australia wherever situated.

3.17 "University Policy" means a policy or procedure of the University as in force and varied from time to time.

3.18 "Vice-Chancellor" means the Vice-Chancellor and President of the University or their nominee in any case where the Vice-Chancellor has formally nominated a person to act as their nominee for the purpose.

4. OPERATION OF AGREEMENT

This Agreement will come into force on the Operative Date and will have a nominal expiry date of 30 June 2026.

5. APPLICATION AND PARTIES BOUND

This Agreement will be binding upon the following Parties:

• Monash University (the "University"),
• the National Tertiary Education Industry Union (the "Union") and their officers,
• any other union and its officers where that union has acted as a bargaining representative in relation to this Agreement and notifies the Fair Work Commission of its intention to be bound pursuant to the Fair Work Act 2009

and upon academic and professional staff of the University, however employed and whether members of the Union(s) or not, with the exception of the following staff members:

(a) those appointed Vice-Chancellor, Provost, Deputy Vice-Chancellor, President, Vice-President, Vice- Provost, Pro Vice-Chancellor, or appointed to a position succeeding any of those positions;

(b) those who are subject to the application of the Monash University Enterprise Agreement (Trades and Services Staff – Building and Metal Trades Staff) 2009, or its successor; and

(c) conjoint appointees (for example in the Faculty of Medicine, Nursing and Health Sciences) who are jointly appointed by a relevant institution (excluding subsidiaries of the University) and the University but are wholly paid by the other institution.

6. AVAILABILITY OF AGREEMENT

A copy of this Agreement will be displayed on the University's Monash HR homepage on the World Wide Web, and will be available for inspection by any staff member.

7. OPERATION OF AWARDS AND AGREEMENT

This Agreement is a closed and comprehensive agreement and, subject to the National Employment Standards (NES), wholly displaces any award (existing or future) and any agreement which, but for the operation of this Agreement would apply.

This Agreement will be read and interpreted in conjunction with the NES. Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

If the University has, prior to the operation of the Agreement, commenced a process under clause 13 (Consultation about Change), Part G (Cessation of Employment) or Part H (Disciplinary Matters) of the Monash University Enterprise Agreement (Academic and Professional Staff) 2019 (the "2019 agreement"), then the University will continue such proceedings to completion in accordance with the procedures prescribed in each pre-existing clause.

If a dispute resolution proceeding has been commenced under clause 12 of the 2019 agreement prior to the commencement of this Agreement and the subject matter of that dispute relates to the operation of a provision or provisions under the 2019 agreement that have continued under this Agreement, such dispute will continue to resolution or completion in accordance with the provisions of clause 12 of the 2019 agreement.

8. NO EXTRA CLAIMS

The parties agree not to pursue any extra claims relating to any matters covered by this Agreement during the period of operation of this Agreement. This clause does not limit implementation of the terms of this Agreement.

9. RE-OPENING OF NEGOTIATIONS

9.1 The parties agree that negotiations for a further Agreement will commence three months prior to the nominal expiry date of this Agreement.

10. UNIVERSITY POLICY

10.1 All staff members are subject to University Policy (including business rules and guidelines howsoever described) however such policy does not form part of this Agreement.

10.2 All University forms and University Policy dealing with matters covered by this Agreement must conform to the provisions of this Agreement and not diminish any staff member’s entitlements in any way.

11. INTELLECTUAL AND ACADEMIC FREEDOM

11.1 Without derogating from or limiting the employment obligations of staff, including the obligations to comply with reasonable and lawful directions and requests, the parties to the Agreement are committed to act in a manner consistent with the protection and promotion of intellectual and academic freedom as outlined in this clause.

11.2 All staff are entitled to exercise intellectual freedom, including the right to:

(a) participate in public debates and express opinions about issues and ideas related to their discipline area or areas of professional expertise and about the institution within which they work or higher education issues more generally;

(b) make other comment outside their discipline or areas of professional expertise as long as they do so on their own behalf and do not claim to represent the University;

(c) express unpopular or controversial views;

(d) participate in professional and representative bodies, including unions, and engage in appropriate community service;

(e) express opinions about the operations of the University and higher education policy more generally as long as they do so on their own behalf and do not claim to represent the University, provided that an exercise of intellectual freedom does not include any right to harass, vilify, defame or intimidate.

11.3 Academic staff are entitled to exercise academic freedom, which includes the rights of intellectual freedom at clause 11.2 and the right to pursue critical and open inquiry and to freely discuss, teach, assess, develop curricula, publish and research provided this does not include any right to harass, vilify, defame or intimidate.

11.4 The University will encourage staff to actively participate in the operation of the University and in the communities it serves.

11.5 An exercise of intellectual or academic freedom in accordance with this clause is not misconduct or serious misconduct under this Agreement or under any University Policy (including business rules and guidelines howsoever described) by reference only to its content.

11.6 Without in any way restricting or qualifying the right to exercise intellectual freedom and academic freedom, staff are encouraged to raise concerns about the operation of the University through applicable processes and to give reasonable time for such processes to be followed.

11.7 The University and staff are expected to uphold the principle and practice of intellectual and academic freedom in accordance with scholarly and ethical standards.

12. INDEPENDENT REVIEWERS

12.1 An Independent Reviewer appointed for the purposes of clause 57 or 64 will have relevant experience and be independent.

12.2 The process for selecting Independent Reviewers is set out in this clause.

12.3

(a) During the operation of this Agreement the Director, Workplace Relations (or delegate) and the President of the Monash University NTEU Branch (or delegate) will confer with a view to reaching agreement on a pool of agreed Independent Reviewers established under this clause.

(b) The agreed pool of Independent Reviewers should at any time consist of no less than 5 persons and no more than 10. The names of persons in the agreed pool should be reduced to writing by exchange of letters within two months from the commencement of this Agreement. The Director, Workplace Relations will confer with the President of the Monash University NTEU Branch (or delegate) at the beginning of each calendar year (or if required at any other time throughout the year) to discuss whether new names need to be added to the agreed pool (for instance if existing agreed members have become unavailable).

(c) If at any time agreement cannot be reached by the Director, Workplace Relations (or delegate) and the President of the Monash University NTEU Branch (or delegate) on the agreed pool, either the University or the NTEU may seek the assistance of the Fair Work Commission (FWC). The FWC may convene conferences and, if agreement cannot be reached on the persons who will be named in the agreed pool, the FWC may arbitrate on which names should be included. The parties to this Agreement will accept the outcome of any FWC arbitration on this issue.

12.4 The Independent Reviewer appointed under this clause will be agreed between the parties to this Agreement by the following process:

(a) In the first instance, the Director, Workplace Relations (or delegate) and the President of the Monash University NTEU Branch (or delegate) will confer with a view to reaching agreement on an individual from the agreed pool of Independent Reviewers to recommend to the Vice-Chancellor for nomination.

(b) The Vice-Chancellor will consider the agreed recommendation (if any) arising from paragraph (a) above and nominate an individual from the agreed pool of Independent Reviewers and notify the President of the Monash University NTEU Branch (or delegate) of the nomination in writing. The President of the Monash University NTEU Branch (or delegate) will then have up to five working days to object in writing to the Vice-Chancellor’s nomination. Objection can be made on the basis that the nominated Independent Reviewer does not meet the requirements of this clause or on other reasonable grounds.

(c) If the President of the Monash University NTEU Branch (or delegate) does not object in accordance with clause 12.4(b) to the Vice-Chancellor’s nomination, the nominated individual will be regarded as agreed and appointed as Independent Reviewer. \

(d) Alternatively, if the President of the Monash University NTEU Branch (or delegate) does object in accordance with clause 12.4(b) to the nomination, the Vice-Chancellor will consider the objection received and will respond in writing to the President of the Monash University NTEU Branch (or delegate) by either:

(i) re-nominating for Independent Reviewer the individual already nominated and explaining why the objection is not accepted, in which case the President of the Monash University NTEU Branch (or delegate) may either accept the re-nomination or refer the matter to the FWC for conciliation in accordance with clause 12.4(e); or
(ii) nominating two other individuals from the agreed pool of Independent Reviewers for consideration as Independent Reviewer, in which case the President of the Monash University NTEU Branch (or delegate) will indicate in writing within five working days which of the two other nominated individuals is accepted as Independent Reviewer and that nominee will be regarded as agreed and appointed as Independent Reviewer.

(e) If clause 12.4(d)(i) applies, the NTEU may refer the matter to the FWC for conciliation. The referral must be within five working days of the Vice-Chancellor’s nomination under clause 12.4(d)(i) and request that the FWC deal with the matter expeditiously and preferably within two working days. The FWC may convene a conference of the parties to assist the parties to reach agreement on the Independent Reviewer to be appointed from the agreed pool. In the absence of agreement, the parties agree to comply with any recommendation of the FWC regarding the Independent Reviewer to be appointed from the agreed pool.

(f) If the President of the Monash University NTEU Branch (or delegate) does not accept the Vice- Chancellor’s nomination under clause 12.4(d)(i) above and the NTEU has made no referral of the matter to the FWC for conciliation in accordance with clause 12.4(e), or does not accept one of the two other individuals nominated as Chair under clause 12.4(d)(ii), as applicable, the agreed and appointed Independent Reviewer for the purposes of this clause will be either:

(i) the individual re-nominated for Independent Reviewer by the Vice-Chancellor; or
(ii) the Vice-Chancellor’s choice between the two other individuals from the agreed pool of Independent Reviewers nominated for consideration as Independent Reviewer, as applicable.

13. DISPUTE RESOLUTION PROCEDURE

13.1 A staff member or any Party bound by this Agreement may raise a dispute:

(a) as to the application of this Agreement or any matters arising from it; or

(b) in relation to the National Employment Standards other than a dispute about whether an employer had reasonable business grounds under subsection 65(5) of the Fair Work Act 2009 ; or

(c) which this Agreement expressly and additionally provides may be referred to this procedure.

In the first instance, the staff member or an accredited representative(s) of the staff member or Party notifying the dispute and the appropriate representative(s) of management, or the other respondent Party as applicable, shall discuss the dispute and attempt to reach agreement within two weeks of the dispute first being raised.

13.2 Where a dispute is not resolved under clause 13.1 above, at the request of either party, a Disputes Committee shall be convened within five working days unless agreed otherwise. The Disputes Committee shall consist of:

(a) two management nominees; and

(b) two nominees of the President of Monash University NTEU Branch.

13.3 The Disputes Committee shall convene within five working days of the matter being referred to it and shall attempt to resolve the matter within five working days of its first meeting. Unless otherwise agreed in writing between the parties, if the Disputes Committee does not convene within five working days the matter shall be regarded as unresolved and the procedures in clauses 13.1 to 13.3 as having been exhausted. Any resolution shall be in the form of a written agreement subject, if necessary, to ratification by either party.

13.4 Until the procedures described in clauses 13.1-13.3 above have been exhausted:

(a) work shall continue in the normal manner; and

(b) no industrial action shall be taken by any party to the dispute or any other party bound by this Agreement; and

(c) management shall not change work, staffing or the organisation of work if such is the subject of the dispute, nor take any other action likely to exacerbate the dispute; and

(d) the subject matter of the dispute shall not be taken to the Fair Work Commission by any party to the dispute or any other party bound by this Agreement.

13.5 Should the dispute not be resolved by the processes referred to in clauses 13.1-13.3 above, the matter may be referred to the Fair Work Commission for conciliation or arbitration by either party in which case the parties shall be bound (subject to the right to proceed to arbitration, to appeal or to seek judicial review) by any recommendation or decision of the Fair Work Commission.

13.6 If the dispute relates to an alleged ambiguity or uncertainty in this Agreement any party may at any time apply for variation of the Agreement to eliminate the alleged uncertainty or ambiguity.

14.CONSULTATION ABOUT CHANGE

14.1 The University will notify affected staff and the NTEU where a proposed significant or substantial change will affect staff. Such change includes, but is not limited to, outsourcing or contracting out and changes to University Policies that have a significant and substantial impact on staff terms and conditions of employment.

14.2 Consultation will be initiated with the provision of a written document outlining the proposal and rationale for proposing the change and proposed impact on staff. For any change proposal involving changes to organisational structures, staffing numbers or reporting lines, the change paper will include organisational charts showing position title, HEW levels or Academic Levels and the time fraction for both the pre and post re-organisation scenarios. In order to facilitate this consultation, staff and the NTEU will be provided with up to three weeks to respond in writing to a proposal presented by management. During this initial consultation period the University will give consideration to views provided in writing about the impact of the proposed change, and to suggestions for alternative approaches that are given in writing by staff or the NTEU.

14.3 Following initial consultation the University will provide written responses to the issues raised in writing by affected staff and/or the NTEU.

14.4 If a decision to proceed is made by the University, management will consult with the affected staff and with the NTEU about the implementation of that change, particularly where the change is likely to have an impact on the work, conditions or career prospects of staff. The consultations will be conducted within a framework which acknowledges the statutory obligations and responsibilities of the University management and there will be no power of veto over the University's decision-making processes.

14.5 A staff member may be represented by a representative for the purposes of consultation under this clause and under clause 86.

14.6 For the purposes of section 205 of the Fair Work Act 2009 and this Agreement, clause 86 and this clause constitute a single consultation term and are to be read accordingly.

15.JOB SECURITY

Minimising Involuntary Redundancies

15.1 The University is committed to minimising involuntary redundancies. If the University decides to reduce the number of staff, it will first consider measures such as:

(a) reducing numbers by natural attrition;

(b) offering part-time employment;

(c) redeployment;

(d) transferring or seconding staff, or arranging Suitable Alternative Employment;

(e) offering voluntary early retirement schemes;

(f) inviting expressions of interest in voluntary redundancy;

(g) reducing reliance on the employment of sessional staff.

Sessional staff

15.2 The University will, during the nominal life of the Agreement, take the steps in clauses 15.2 to 15.5 which are aimed at reducing the number of sessional staff as at 31 March 2023 and the proportion of the University’s academic workforce employed on a sessional basis.

The University has the goal of reducing the number of sessional staff who are not:

(a) employed on a sessional basis as a person with current industry, commercial or community expertise or practice;

(b) employed as guest academics for short-term engagements; and/or

(c) employed to fulfil ad hoc or intermittent or short-term or unanticipated workforce needs (including but not limited to leave absences, unanticipated student demand, decommissioning courses and units, or vacancies pending recruitment).

For that purpose, the University’s principal engagement types (as set out in clause 15.3 below) must be considered in determining whether a sessional engagement may be required. 

15.3 The principal academic engagement types are:

• Teaching and research appointments;
• Research (fixed-term) appointments (under clause 17.4.2);
• Continuing (Contingent Funded) Employment (under clause 22);
• Continuing (Defined Periods) Academic Employment (under clause 20);
• Teaching Fellows and Senior Teaching Fellows (under clause 21); and
• PhD Teaching Fellows (under clause 17.4.6).

15.4 It is the University’s intention to take reasonable steps to reduce the number of sessional academic engagements as at 31 March 2023 during the operation of this Agreement by offering an increased number of continuing academic appointments. The University will recruit during the operation of this Agreement an additional 170 FTE continuing teaching and research academic staff. It is acknowledged that these positions may be education-focused roles. In addition to this 170 FTE, following the commencement of this Agreement the University will also appoint a minimum 56 FTE Continuing (Defined Periods) Academic Employment staff to reduce its reliance on sessional staff. 

During the operation of the Agreement, the University will seek to reduce its reliance on sessional staff by FTE proportionate to the amount of teaching work taken on by the additional academic appointments. The University will not be taken to be in breach of this clause as a result of any significant changes in the amount of teaching work performed at the University that may occur as a result of alterations to University programs or structure.

Workforce Planning (Academic Staff)

15.5 In order to minimise unanticipated workforce needs and to reduce reliance on sessional employment, on a bi-annual basis, the University will undertake an evaluation of academic workforce needs through consultation with the head of each academic area, including:

(a) Reviewing the number of sessional academic staff employed;

(b) Reviewing the number of hours and types of academic duties performed by sessional staff over the preceding 12 months; and

(c) Discussing the anticipated prospective need for relevant work to continue to be performed.

Casual Professional Staff

15.6 The University will, during the nominal life of the Agreement, take the steps in clauses 15.7-15.9 which are aimed at reducing the number of casual professional staff engagements and the proportion of the total professional staff workforce employed on a casual basis.

15.7 Casual professional staff employment will principally occur in the following circumstances:

(a) the employment of currently enrolled Monash students; and/or

(b) to fulfil ad hoc or intermittent or short-term or unanticipated workforce needs (including exam support, leave absences or vacancies pending recruitment); and/or

(c) where the service being delivered necessitates flexibility because it is demand-driven, cannot be anticipated in advance, or fluctuates.

For that purpose, the University’s principal engagement types (as set out in clause 15.8 below) must be considered in determining whether a casual engagement may be required. 

15.8 The principal engagement types of professional staff will be:

• continuing employment; and
• fixed-term employment.

Workforce Planning (Professional Staff)

15.9 In order to minimise unanticipated workforce needs and to reduce reliance on casual employment, on an annual basis, the University will undertake an evaluation of professional staff workforce needs through consultation with Executive Directors and Faculty General Managers, as applicable. All current casual roles will be reviewed within 12 months of a staff member’s employment to determine whether there is a pattern of work and to determine the most appropriate mode of employment.

Priority consideration to internal applicants (Academic and Professional staff)

15.10 All positions advertised externally will also be simultaneously advertised internally. In order to recognise existing staff who have appropriate qualifications and experience, priority in appointment will be given to existing staff who have the requisite qualifications and experience for appointment and who are of equal merit to external candidates.

Applicants who have been employed as sessional academic staff at the University within the prior 12 months of the advertisement will be considered on the same basis as existing staff.

16. PERFORMANCE-BASED CONTRACTS (PBCs)

16.1 The University and staff may enter into PBCs with a threshold annual salary and loadings (including the cash value of any University-provided motor vehicle and employer superannuation contributions) of at least $236,351 (at Level E or above) or $162,329 (at HEW 10 or above). These threshold salary levels will be indexed in line with the salary increases made over the nominal life of this Agreement, provided that all PBCs entered into prior to the certification of this Agreement will remain valid under this clause if salary and loadings fall below the threshold during the life of this Agreement.

16.2 Where the University intends to offer a person a PBC it will provide the person with access to a copy of this Agreement and advise that they may elect to have a Representative negotiate the contract.

16.3 All provisions of this Agreement will apply to a PBC staff member except the provisions of this Agreement relating to redeployment, redundancy, consultation about change, discipline, unsatisfactory performance, research misconduct, performance management, salary packaging, working from home, grievance, the accrual of annual leave, the application (or taking) of annual leave with the exception of clause 42.5(d) and (e), annual leave loading, salary increases, overtime/TOIL, termination of employment and/or mode of employment, continuing (contingent funded) employment and/or fixed-term notice, renewal and severance. Provided that the minimum leave entitlements, termination and notice provisions will be in accordance with the provisions of the Fair Work Act 2009.

16.4 A PBC may set out performance criteria or targets, which must be met within defined timeframes or circumstances.

17. MODE OF EMPLOYMENT

17.1 The University may employ a staff member on a continuing, fixed-term, sessional or casual basis. Such employment may also be on the basis of part-year/seasonal or annualised hours employment in accordance with clauses 18 or 19 or clause 24 and Schedule 4 or Continuing (Defined Periods) Academic Employment in accordance with clause 20.

17.2 Upon engagement, the University will provide the staff member with an instrument of appointment which stipulates the type of employment and the terms of the engagement including:

• for academic staff, the nature of the appointment including whether the appointment is research only or teaching and research;
• for continuing and fixed-term staff, the classification level and salary of the staff member on commencement of the employment, the hours or the fraction of full-time hours to be worked, and the length and terms of any probation;
• for a fixed-term staff member, the term of the employment and the circumstance(s) by reference to which the use of fixed-term contract for the type of employment (where applicable) has been decided for that employment, including specifying which element of clause 17.4 is in use and whether the position was obtained through a competitive selection process;
• for fixed-term research-only staff members, the obligation of the University to offer employment on a Continuing (Contingent Funded) contract of employment to eligible staff under clause 22 of this Agreement;
• for sessional and casual staff members, the intended duties required, the number of hours required or anticipated (where known), the rate of pay for each class of duty required and a statement that any additional duties required during the term will be paid for;
• other main conditions of employment including the documentary, or other recorded sources from which such conditions derive and the duties and reporting relationships to apply upon appointment can be ascertained.

Continuing Employment

17.3 "Continuing employment" means full-time or fractional employment other than "fixed-term", "sessional" or  "casual" employment.

Fixed-term Employment

17.4 "Fixed-term employment" means full-time or fractional employment for a specified term or ascertainable period, for which the instrument of engagement will specify the starting and finishing dates of that employment, (or in lieu of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon the occurrence of which the term of employment will expire) and for which, during the term of employment, the contract is not terminable by the University, other than during or at the completion of a probationary period, or for cause based upon the application of the processes of clause 62 or clause 63 or clause 65 as applicable regarding unsatisfactory performance or serious or wilful misconduct, or because the staff member cannot perform the inherent requirements of the role.

Without derogating from any entitlement under the staff member's contract, a fixed-term contract staff member will be entitled to all the benefits of a continuing staff member (other than any redundancy benefits) in the same classification of employment.

The use of fixed-term employment shall be limited to the employment of a staff member engaged on work activity that comes within the description of one or more of the following circumstances.

17.4.1 Specific task or project

"Specific task or project" shall mean a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it shall also include a period of employment provided for from identifiable funding external to the University, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.

17.4.2 Research

"Research" means work activity by a person engaged on research-only functions for a contract period not exceeding five years.

Provided that where a research grant or like revenue source supporting a particular period of research-only employment runs for a defined period of time, or is reasonably expected to do so, then unless there are other special or unusual circumstances, fixed-term appointments shall be for the whole of the period of the grant. The exception to this is if there is a genuine operational reason related to the required commencement or completion time of particular work on a research project, or the preference of the staff member. In this case, unless there are other special or unusual circumstances, fixed-term appointments shall be for the whole of the period the work is expected to be required.

17.4.3 Replacement Employee

"Replacement Employee" means a staff member:

(a) undertaking work activity replacing a full-time or part-time staff member for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded or transferred within or outside the University; or

(b) performing the duties of:

• a vacant position for which the University has made a definite decision to fill and has commenced recruitment action, until a full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable; or
• a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the University and in progress for that vacant higher duties position until a full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable; or
• a staff member who has returned from a period of parental leave or other authorised leave and who wishes to be employed on a fractional basis for a defined period. The replacement fixed-term staff member may be employed to cover the difference in hours arising from such an arrangement.

17.4.4 Recent professional practice required

Where a curriculum in professional or vocational education requires that work be undertaken by a person to be engaged who has recent practical or commercial experience, such a person may be engaged for a fixed period not exceeding two years.

17.4.5 Pre-Retirement Contract

Where a full-time or a part-time staff member declares that it is their intention to retire, a fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of employment for a period of up to three years. Fractional fixed-term contracts may be offered as provided by clause 35 of this Agreement.

17.4.6 Student Employment

Where a person is enrolled as a student at Monash University, employment under a fixed-term contract may be adopted as the appropriate type of employment for work activity, not within the description of another circumstance in the preceding clauses 17.4.1-17.4.5, subject to:

(a) such fixed-term contract employment shall be for a period that does not extend beyond, or that expires at the end of, the academic year in which the person ceases to be a student, including any period that the person is not enrolled as a student but is still completing postgraduate work or is awaiting results; and

(b) that an offer of fixed-term employment under this paragraph shall not be made on the condition that the person offered the employment undertake the studentship.

Students employed under this category will perform work that may otherwise be performed by casual or agency staff and will not be used to fill or replace existing continuing positions.

17.4.7 New Organisational Area

A fixed-term contract may be offered in the case of employment in a new organisational area, for up to two years prior to or from the establishment of any such area. A further fixed-term contract of a maximum of 12 months may be offered subsequent to the initial contract provided that the aggregate of fixed-term employment does not exceed two years.

For the purpose of this clause  17.4.7  a new organisational area shall mean  either:

• a group of three or more positions established in relation to a new area of academic work; or
• a new staff member position organised in a new geographical location outside existing campuses; or
• a new staff position organised distinctly from existing schools or centres and not created from the merger or division of or movement of work from an existing unit(s).

A fixed-term contract offered in the circumstances described in this clause 17.4.7 will be subject to the following conditions:

(a) the letter of offer of employment includes an understanding that should the position or substantially the same position occupied by the staff member continue beyond the maximum contract period (two years) the staff member shall, subject only to satisfactory performance, be offered continuing employment in that position (or in another agreed position) at the conclusion of the contract period;

(b) where a fixed-term staff member employed in this circumstance is not offered further employment, they will receive on cessation of employment five weeks’ severance pay.

This clause 17.4.7 will replace any entitlement to severance pay elsewhere in this Agreement.

17.4.8 Disestablished Organisational Area

Where an organisational work area or part of an organisational work area consisting of 3 or more staff members has been the subject of a decision by the University to discontinue that work within 36 months a fixed-term contract of employment may be offered to work in that area provided that:

(a) the letter of offer of employment includes an undertaking that subject to satisfactory performance, should the decision to discontinue the work area be reversed, or should for any other reason that staff member’s position or substantially the same position continue beyond a two-year period, the staff member shall be offered that work on a continuing basis; and

(b) should a position not be offered under clause 17.4.8(a) upon request by the staff member, the University will, for three months prior to the expiry of the contract, make reasonable attempts to identify other employment opportunities within the University.

17.4.9 Measures to Provide Security of Employment

The effect of this clause 17.4.9 shall not be to replace continuing positions with fixed-term positions. Fixed-term contracts under this clause may be offered for teaching and research and research-only work in accordance with the University’s academic staff position descriptors and for work in accordance with the Professional Staff Position Classification Descriptors at the discretion of the University to provide security of employment where the work would otherwise be performed by casual staff. Such contracts may be offered, but will not be limited to early career academics, and may be offered for a period of no more than two years and no less than 12 months (unless otherwise provided for in this Agreement). The letter of offer for a fixed-term contract under this clause will include an understanding that should the position or substantially the same position occupied by the staff member continue beyond the maximum contract period (two years) the staff member shall, subject only to satisfactory performance, be offered continuing employment in that position (or in another agreed position) at the conclusion of the contract period.

17.4.10 Teaching Fellows

Where academic staff are appointed as fixed-term Teaching Fellows in accordance with clause 21.

Casual Employment (Professional Staff)

17.5 A casual staff member is engaged by the hour and paid by the hour. Subject to clause 43.7, clause 44.10, clause 45, clause 47.10, clause 47.21, and clause 54.2, casual staff members are not entitled to paid leave of any kind.

17.6 A casual staff member will be paid the ordinary rate of pay plus an additional casual loading of 25%.

17.7 A casual staff member will be paid for a minimum period of three hours for each engagement except for the following circumstances:

(a) A person who is a student (including a postgraduate student) who is expected to attend the University on that day in their capacity as a student will have a minimum period of engagement of one hour. Without limiting the scope of this paragraph and for the purpose of this paragraph a student will be taken as being expected for attendance on any Monday to Friday during the main teaching weeks of the University, other than University holidays as set out in clause 48.

(b) A person with a primary occupation elsewhere will have a minimum period of engagement of one hour.

(c) In order to meet their personal circumstances, a casual staff member may request and the University may agree to an engagement for less than the minimum of three hours.

17.8 A casual staff member required to work shift work will receive either the casual loading or the appropriate shift penalty, whichever is the greater. Overtime is paid at the ordinary overtime penalty rate with casual loading, ie. (ordinary rate of pay x penalty rate) + (ordinary rate of pay x casual loading).

17.9 A casual staff member required to work on a University holiday as prescribed by clause 48 (including any day during the period of Christmas/New Year closedown period other than a Saturday or Sunday) will be paid casual loading on both their ordinary rate of pay and their holiday penalty rate as provided in clause 83.9.

17.10 The University will provide casual staff members with the facilities and resources appropriate to enable the fulfilment of their duties.

Sessional Employment (Academic Staff only)

17.11 "Sessional employment" means the casual employment of academic staff who are appointed to undertake a single or specific number of sessions related to demonstrating, tutoring, lecturing, seminars, marking, supervision, academic research assistance, musical accompanying with special educational service, undergraduate clinical nurse education or other required academic activity. "Sessional staff" are academic staff employed in sessional employment.

17.12 The University will provide sessional staff with the facilities and resources appropriate to enable the fulfilment of their duties. Sessional staff may apply for an extension of their email and library access after the conclusion of their employment. Applications for extension will not be unreasonably refused.

17.13 The University will provide sessional staff with appropriate access to professional development opportunities, other than those staff employed on an occasional or ad hoc basis.

17.14 The University will provide sessional staff (other than those staff employed on an occasional and ad hoc basis) with library cards, out-of-hours access, e-mail accounts, network and intranet access, and inclusion in the University’s telephone and web directory on an equivalent basis as for other academic staff (including during non-teaching periods over the calendar year).

17.15 Sessional staff will be eligible to apply for internally advertised University positions on an equivalent basis as for other academic staff.

17.16 Sessional staff will be eligible to apply for internal funding opportunities, including grants and professional development funds, on an equivalent basis as for other academic staff.

17.17 The University will pay sessional staff for a half-day of induction at the "other required academic activity" rate except for sessional staff:

(a) previously employed by the University; and/or

(b) already provided an equivalent paid induction of three hours or more by the University.

17.18 The University will pay sessional staff to undertake any mandatory or required training activities at the applicable "other required academic activity" rate.

Fractional Employment

17.19 In the case of a continuing or fixed-term fractional contract, the salaries, allowances and other entitlements under this Agreement applicable to an equivalent full-time staff member apply to the part-time staff member on a proportionate basis according to the fraction of time worked. A staff member employed on a fractional- time basis, will not by reason of being a fractional-time staff member be required to serve a longer period of service to qualify for any leave entitlements or be granted any lesser period of leave but will be paid pro rata for any such leave.

18. SEASONAL EMPLOYMENT

Application

18.1 The terms and conditions in this clause apply to seasonal professional staff members. To the extent of any inconsistency between provisions contained elsewhere in this Agreement and the provisions of this clause, the provisions of this clause will prevail.

Definitions

18.2 "Seasonal staff members" are professional staff appointed as such, on a continuing or fixed-term basis to work one or more periods or seasons in each year, which may be a calendar year, as offered by the University consistent with clause 17, or as subsequently varied by agreement with the seasonal staff member.

18.3 During the periods of the calendar year that the staff member is not required to perform work, the staff member's employment contract will continue. However, with the exception of periods of approved paid leave, the staff member will be deemed to be stood down without pay for such periods. Such periods will not count as service for any purpose, but will not break the continuity of service. During periods of stand down, the staff member will remain subject to University Policy but the University will not unreasonably withhold authorisation for the staff member to undertake paid outside work which is additional to any already approved by the University.

Accrual of Pay

18.4 In respect of the periods or seasons of work for which they are engaged, seasonal staff members will be paid on the same basis as comparable full-time or part-time continuing staff members, as the case may be. Alternatively, the seasonal staff member may agree to a University offer to be paid on the same basis as an annualised hours staff member under clause 19.4.

Accrual of and Entitlement to Take Leave

18.5 Leave, including annual leave, long service leave and sick leave will accrue during hours worked. Leave, other than annual leave and long service leave, will only be available to seasonal staff members during the periods or seasons of work for which the seasonal staff members are engaged. The timing of taking annual leave and long service leave will be determined by the University, in consultation with the staff member.

University Holidays

18.6 Seasonal staff members will be entitled to the benefit of all holidays observed by the University that fall on days on which the staff member would normally work during the part or parts of the year or season or seasons that the staff member is engaged to work.

Termination of Employment

18.7 In the event that the employment of a seasonal staff member ceases, for whatever reason, and the staff member has received a payment (howsoever described) in respect of work or hours which are not then worked by the staff member, that payment will be repaid by the staff member to the University as at the date of termination. The University may off-set any such amounts against any entitlements owing to the staff member.

19. ANNUALISED HOURS EMPLOYMENT

Application

19.1 The terms and conditions in this clause apply to annualised hours professional staff members. To the extent of any inconsistency between provisions contained elsewhere in this Agreement and the provisions of this clause, the provisions of this clause will prevail.

Definitions

19.2 "Annualised hours staff members" are professional staff members engaged as such on a continuing or fixed- term basis for a specific number of ordinary hours within any one calendar year as offered by the University, consistent with clause 17, or as subsequently varied by agreement with the annualised hours staff member.

19.3 Subject to the terms of engagement, the time and manner in which the annual ordinary hours are rostered over the period of the year will be to suit the operational requirements of the University and following consultation with the staff member and can be rostered over a period of less than 52 weeks.

Accrual of Pay

19.4 For the purposes of payment, the total number of nominated annual hours will be averaged to a fortnightly salary. The nominated annual hours will be those specified in the terms of engagement.

Leave Entitlements

19.5 Annualised hours staff members will be entitled to receive the leave entitlements of a full-time staff member on a proportional basis determined by the number of annualised ordinary hours required to be worked by the staff member within the year. The timing of taking annual leave will be in accordance with clauses 42.3 and 42.5 of this Agreement and the timing of long service leave will be determined by the University, in consultation with the staff member.

University Holidays

19.6 Annualised hours staff members will be entitled to the benefit of all holidays observed by the University that fall during periods for which they are rostered to work.

Overtime

19.7 Annualised hours staff members will be eligible for overtime in the same manner as full-time professional staff members under clause 83 of this Agreement. In respect of such overtime hours, those overtime hours are additional to the nominated annual hours for which the staff member is engaged. There is no accrual of leave entitlements (howsoever described) in respect of overtime hours.

Additional Hours

19.8 Where in any year, annualised hours staff members work in excess of the number of ordinary hours in the year for which they are engaged, the payment for the additional ordinary hours will be made in the first available pay period following receipt of a valid claim. Any additional ordinary hours worked not constituting overtime will be taken into account in the calculation of leave entitlements.

Alteration of Annual Hours

19.9 In the event that the number of annualised ordinary hours for which the staff member is engaged is altered by agreement then the University and the annualised hours staff member will ensure that from the date such change takes effect, appropriate reconciliation arrangements in respect of pay and hours have been made.

Termination of Employment

19.10 In the event that the employment of an annualised hours staff member ceases, for whatever reason, a reconciliation of the ordinary hours worked and the payments (howsoever described) paid to the staff member, will be performed and:

(a) If the staff member has received a payment (howsoever described) in respect of work or hours which are not then worked by the staff member, that payment will be repaid by the staff member to the University as at the date of termination. Without limiting the recovery of overpayment provisions of clause 27 of this Agreement, the University may off-set any such amounts against any entitlements owing to the staff member; and

(b) If a staff member has performed work for which the staff member has not yet received pay by the University, the University will pay to the staff member such amount as at the date of termination. Where the staff member has accrued annual leave and/or long service leave entitlement for the work performed which has yet to be paid, the University will pay the staff member in lieu for such accrued leave entitlement.

20. CONTINUING (DEFINED PERIODS) ACADEMIC EMPLOYMENT

20.1 Following the commencement of operation of this Agreement, there will be no further appointments of Periodic Academic Employment staff.

Clause 19 of the Monash University Enterprise Agreement (Academic and Professional Staff) 2019 will continue to apply to any fixed-term Periodic Academic Employment staff employed at the time of commencement of this Agreement up to the expiry of their fixed term, and they will be able to apply for conversion to continuing employment if eligible under the Agreement or the Fair Work Act 2009.

Any continuing Periodic Academic Employment staff employed at the time of commencement of this Agreement will be subject to the provisions of clause 20 of this Agreement.

20.2 Continuing (Defined Periods) Academic Employment is a form of continuing part-time employment that applies to academic staff and occurs where the University identifies work needed for discrete teaching periods determined by the University in a calendar year less than a full-time equivalent and for a minimum of 0.6 full-time equivalent during defined work periods.

20.3 Continuing (Defined Periods) Academic Employment provides an alternative mode of employment to sessional engagement but will not be used to reduce the proportion of other forms of part-time continuing teaching and research positions or full-time continuing teaching and research positions.

20.4 The University will fill Continuing (Defined Periods) Academic Employment roles through its usual recruitment practices (including expressions of interest)from those staff who the University identifies as having:

(a) Demonstrated satisfactory performance in teaching and teaching related duties; and

(b) Performed sessional teaching work at the University during the past 2 years.

In order to recognise existing staff who have appropriate qualifications and experience, priority in recruitment will be given to sessional staff who have been employed at the University at any time in the calendar year prior to the recruitment process and who have the requisite qualifications and experience for appointment.

Where the University makes an offer to a Continuing (Defined Periods) Academic Employment position, the offer of appointment will indicate the hours and pattern of work which should be as regular and continuous as is reasonably practicable.

20.5 Where a Continuing (Defined Periods) Academic Employment position has not been able to be successfully filled through an internal recruitment process referred to in clause 20.4, the University may appoint staff to that Continuing (Defined Periods) Academic Employment position through the University’s usual external recruitment procedures.

20.6 Staff members employed under this clause will be classified and paid in accordance with Schedule 1 of this Agreement. The incremental salary step a staff member begins their employment under this clause will appropriately recognise their teaching record.

20.7 Continuing (Defined Periods) Academic Employment requires an individual to work one or more periods in a calendar year as determined by the University and advised in writing to the individual.

20.8 Periods where the individual is not required to work are non-work periods. During a non-working period (excluding periods of approved paid leave), the individual will be deemed to be on leave of absence without pay for that period.

20.9 Continuing (Defined Periods) Academic Employment appointments will only be on a continuing basis as contemplated at clause 17.3 of this Agreement, and there will be no fixed-term Continuing (Defined Periods) Academic Employment appointments.

20.10 A non-work period does not:

(a) break continuity of employment;

(b) count as service for the purpose of accruing or determining eligibility of entitlements set out in the Agreement – except for periods of authorised paid leave taken during a non-work period or where required by law.

20.11 An individual employed on a Continuing (Defined Periods) Academic Employment basis:

(a) will not be paid University holidays during non-work periods;

(b) will accrue and take leave pro rata to the full-time equivalent;

(c) may take approved paid annual or long service leave during a non-work period;

(d) will not be engaged by the University under a separate academic employment contract to undertake additional academic duties during non-work periods but may agree with the University to vary their non-work periods for the performance of such additional duties;

(e) will be provided reasonable access to available facilities and resources on an equivalent basis with other staff members not employed on a Continuing (Defined Periods) Academic Employment basis (but in the same or similar roles) which includes (amongst other things authorised by the University) access to:

(i) on-campus facilities;
(ii) on-campus meeting rooms for student consultation;
(iii) the University’s wi-fi, phone, and network when on campus;
(iv) Library facilities; and
(v) email systems.

20.12 A Continuing (Defined Periods) Academic Employment staff member will be employed primarily to teach, but will be required to have scholarship and research and/or administrative responsibilities constituting no less than 10% of their work allocation with the remainder of their work allocation, over a year, available for teaching and teaching related duties. Their contributions will be taken into account in Faculty workload discussions and the principles of clause 69.1 will apply. They may also be required to undertake teaching and associated administrative duties in no more than five teaching periods as defined in clause 70 of this Agreement in any 24-month cycle, unless otherwise agreed between the University and staff member.

20.13 Staff members employed under this clause will be eligible for incremental progression under clause 74 of this Agreement where their performance is assessed as satisfactory at the conclusion of each aggregate 12-month period excluding non-work periods.

20.14 Continuing (Defined Periods) Academic Employment staff will be eligible to apply for promotion in line with relevant University policy.

20.15 After two years’ Continuing (Defined Periods) Academic Employment, a staff member will have the ability to apply for conversion to be a continuing academic staff member in a teaching and research role with an education focus but no longer on the basis of defined periods. Unless a lesser fraction is requested by the staff member and agreed by the University, conversion will be to a minimum 0.5 FTE role or equivalent to their current FTE, whichever is the greater. Upon application the Continuing (Defined Periods) Academic Employment staff member will be converted unless:

(a) the staff member has not met, to the University’s satisfaction, the performance expectations set by the University and communicated to the staff member in advance and/or from time to time during the two-year period consistent with the requirements of the Continuing (Defined Periods) Academic Employment position;

(b) there is insufficient productive work that the staff member could perform having regard to the nature of the staff member’s classification, academic discipline and skills; and/or

(c) an interview panel (constituted in accordance with a recommendation from the Provost and Deputy Vice-Chancellor (Education) and including a representative of Monash HR), after interviewing the staff member, is not satisfied that the staff member is likely to meet academic performance standards of excellence for a teaching focused staff member in the relevant faculty.

The decision whether conversion will or will not be offered will be made by the Dean on a recommendation of the Head of School (or equivalent).

20.16 If a staff member’s conversion under clause 20.15 is offered and accepted, the staff member will transition to having scholarship and research and/or administrative responsibilities constituting no less than 20% of their work allocation with the remainder of their work allocation, over a year, available for teaching and related duties. They will:

(a) be employed as a continuing academic staff member in a teaching and research role with an education focus but no longer on the basis of defined periods; and

(b) be subject to a five-year probationary period in accordance with clause 68 – Probationary Employment Principles – Academic Staff, provided that the five-year probationary period will be reduced by two years (being the minimum relevant period for assessment for conversion from being a Continuing (Defined Periods) Academic Employment staff member).

20.17 A Continuing (Defined Periods) Academic Employment staff member who has been converted under clause 20.15 may apply to transition to a workload allocation whereby the starting point for discussions about the allocation of work will be in accordance with clause 69.10 of this Agreement, subject to the following:

(a) the application to transition may only be made if the probationary appointment has been confirmed; and

(b) the relevant Dean, the Deputy Vice-Chancellor (Education) and the Deputy Vice-Chancellor (Research) are satisfied that the staff member can meet the required research expectations of the Faculty based on the staff member’s research performance and that the transition meets the teaching needs of the Faculty.

20.18 If a staff member’s application under clause 20.15 is unsuccessful, they may apply again no less than 12 months after their preceding application. If that further application is successful the period of probation at clause 20.16(b) will be reduced accordingly.

21. TEACHING FELLOWS

21.1 Any Scholarly Teaching Fellows employed under clause 17 of the Monash University Enterprise Agreement (Academic and Professional Staff) 2014 will continue to be governed by that clause until they move to another position.

21.2 The parties to this Agreement recognise the need for innovative approaches to maximise the range of employment options that the University can utilise to not only meet a dynamic and changing environment but also to provide current and prospective staff with suitable and sustainable employment opportunities.

The purpose of Teaching Fellow positions is:

• to advance the University’s goal of excellence in learning and teaching;
• to offer sustainable alternatives to longer term sessional academic engagements;
• to provide a transitional pathway for staff from sessional engagement to teaching focused appointments;
• to facilitate reducing the proportion of sessional staff employed in the University; and
• to create a position in which the majority of work performed by Teaching Fellows will replace work previously performed by sessional staff.

The University will not reduce the proportion of continuing appointments in the University as a consequence of this clause. References to Teaching Fellows in this clause will include Senior Teaching Fellows.

21.3 The University may advertise Teaching Fellow positions and will encourage applications from appropriately qualified existing or former academic fixed-term or sessional staff of any Australian university who have had at least 12 months’ academic employment in total in Australian universities over the preceding five-year period.

21.4 Teaching Fellow positions will be full-time or part-time and filled on a fixed-term basis of up to two years. A fixed-term Teaching Fellow appointment will be on the basis that the University will, at the expiration of the fixed term, convert the Teaching Fellow's employment from fixed-term to continuing employment unless:

(a) the staff member has not met, to the University's satisfaction, the performance expectations set by the University and communicated to the staff member in advance and/or from time to time during the fixed term consistent with the requirements of the position; and/or

(b) there is insufficient productive work that the staff member could perform having regard to the nature of the staff member's classification, academic discipline and skills; and/or

(c) an interview panel (constituted in accordance with a recommendation from the Provost and Deputy Vice-Chancellor (Education) and including a representative of Monash HR), after interviewing the staff member, is not satisfied that the staff member is likely to meet academic performance standards of excellence for a teaching focused staff member in the relevant faculty.

The decision whether conversion will not be offered on any of the grounds in (a) to (c) above will be made by the Dean on a recommendation of the Head of School (or equivalent).

21.5

(a) A Teaching Fellow will be employed primarily to teach but will be required to have scholarship and research and/or administrative responsibilities constituting no less than 20% of their work allocation with the remainder of their work allocation, over a year, available for teaching and related duties.

(b) Teaching Fellows’ contributions will be taken into account in Faculty workload discussions and the principles of clause 69.1 will apply, and Teaching Fellows may also be required to teach in no more than five (5) of six (6) teaching periods in any 24-month cycle.

21.6 A Teaching Fellow may be appointed at and hold a Level A position or a Level B position, and Teaching Fellows appointed at and holding a Level B position will be designated Senior Teaching Fellows. The qualification requirements that apply to other academic staff at this level will apply to Teaching Fellows as will the probation, incremental advancement, and performance development processes and promotion processes.

21.7 Upon conversion under clause 21.4 above, the staff member will be employed as a continuing academic staff member in a teaching and research role with an education focus and will be subject to a five-year probationary period in accordance with clause 68 – Probationary Employment Principles – Academic Staff, provided that the five-year probationary period will be reduced by the period of employment as a Teaching Fellow.

A Teaching Fellow staff member who has been converted under this clause may apply to transition to a workload allocation whereby the starting point for discussions about the allocation of work will be in accordance with clause 69.10, subject to the following:

(a) the application to transition may only be made if the probationary appointment has been confirmed; and

(b) the relevant Dean, the Deputy Vice-Chancellor (Education) and the Deputy Vice-Chancellor (Research) are satisfied that the staff member can meet the required research expectations of the Faculty based on the staff member’s research performance and that this meets the teaching needs of the Faculty.

21.8 Where the Dean decides not to offer conversion from fixed-term to continuing employment in accordance with clause 21.4 above and the Teaching Fellow seeks to continue their employment, the Teaching Fellow will be entitled to severance pay as follows:

22. CONTINUING (CONTINGENT FUNDED) EMPLOYMENT

22.1 A fixed-term staff member appointed to a research-only position (or positions) funded by contingent funding for a period of continuous service of more than three years and who has been appointed since the commencement of this Agreement to a second or subsequent consecutive research-only fixed-term contract of at least six months in duration, will be offered employment on a Continuing (Contingent Funded) contract of employment in accordance with this provision. Offers may only be withheld on reasonable grounds. Reasonable grounds include:

• the staff member is the subject of disciplinary proceedings or disciplinary action or has otherwise not performed satisfactorily in their position;
• the staff member is performing work which is predominantly related to discontinued or discontinuing programs or a disciplinary area that is not actively being pursued by the University;
• the staff member is a student, their status as a student was the primary reason for the appointment, and the staff member is due to cease as a student within the forthcoming 12-month period.

22.2 "Contingent Funding" is limited-term funding provided for from external sources, but not funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.

22.3 Notwithstanding the above, a fixed-term research-only staff member may be appointed, at the discretion of the relevant Dean (or equivalent), to Continuing (Contingent Funded) employment using internal funds, where:

• the use of internal funding is for a limited period; and
• the area has a reasonable expectation that alternative contingent funding or a standard appointment will become available; and
• the alternative would be the separation of the staff member from their position with the University.

22.4 All staff members on Continuing (Contingent Funded) employment will be subject to the probationary employment, disciplinary action, and research misconduct provisions of the Agreement. Service for staff on Continuing (Contingent Funded) employment will be regarded as continuous provided that any break in service does not exceed three months and such breaks do not count as service.

22.5 A staff member on Continuing (Contingent Funded) employment may apply for internally advertised employment.

22.6 The following provisions do not apply to staff on Continuing (Contingent Funded) employment:

• Notice, redundancy, redundancy review and any other provisions of clause 56 that apply to staff employed on a continuing contract of employment.
• The provisions of clause 66 to the extent the grievance relates to any matter arising out of the operation of this clause. For the avoidance of doubt a grievance under clause 66 cannot be used to seek review of any decision to offer, not offer, not continue or to terminate Continuing (Contingent Funded) employment.

22.7 Where the funding that supports a staff member’s Continuing (Contingent Funded) employment ceases:

(a) The University may transfer the staff member to another equivalent position.

(b) If a transfer opportunity does not exist, the staff member will be provided with a minimum of four weeks’ notice of termination, or five weeks if the staff member is over 45 years of age, which the University may pay out in lieu of notice.

(c) If, during the notice period, the contingent funding for the position is renewed, the notice period ceases to apply and employment continues.

(d) If an application for renewal of the contingent funding for the position is still pending, the period of employment may continue for any period of paid leave the staff member is entitled to and thereafter, at the discretion of the University, to unpaid leave to retain the employment relationship until a decision on the contingent funding is made. Payment of severance and leave may be delayed for up to nine weeks to facilitate continuation of service.

(e) At the end of the notice period (and any such approved leave in accordance with the above) the employment relationship will cease and the severance payment in clause 22.9 below will be made to the staff member.

22.8 It is not the intention of this clause that the conditions of employment of a staff member be worse than had they been employed on a fixed-term position subject to contingent funding. Accordingly, the University will not terminate the employment of a staff member on Continuing (Contingent Funded) employment unless:

(a) the contingent funding that supports the position ceases or is insufficient; or

(b) the inherent nature of the work required has changed significantly and the skills and experience of the staff member will not enable them to complete the requirements of the position; or

(c) the staff member is unable to meet the inherent requirements of the position; or

(d) termination is under the probation or disciplinary provisions of this Agreement.

If a staff member’s employment is terminated under (a) or (b) above, and the staff member is eligible under this Agreement, the staff member will be provided notice and severance payments under clauses 22.7(b) and 22.9 respectively of this provision.

22.9 Continuing (Contingent Funded) employment severance payments will be as follows:

Table A

23. FIXED - TERM NOTICE, RENEWAL AND SEVERANCE

Without derogating from any entitlement under the staff member’s contract, a fixed-term contract staff member (other than a fixed-term contract staff member subject to clause 23.10) shall be entitled to:

23.1 Incremental Advancement

A fixed-term staff member who has a period of continuous service in a classification which has an incremental structure shall be entitled to progress through that structure in the same way as a staff member engaged as a continuing staff member in the same or similar classification under this Agreement.

23.2 Notice of Cessation or Renewal of Employment Upon Expiry of Contract

The University shall provide to a fixed-term staff member, a written notice of the University’s intention to renew, or not to renew, employment with the University upon the expiry of the contract. Such notice shall be the greater of:

(a) any contractual entitlement to notice of the University’s intention to renew, or not to renew, employment with the staff member upon the expiry of the contract; or

(b) according to the table below:

Table B

24. CASUAL STAFF CAREER PROGRESSION

24.1 A casual staff member must not be engaged and re-engaged nor have their hours reduced in order to avoid any obligation under this clause or Schedule 4.

24.2 Upon appointment, the University will advise a casual staff member that, after serving qualifying periods, a casual staff member may have a right to apply for conversion and the University will provide a web link to the conversion provisions of this Agreement to such casual staff members.

24.3 An eligible casual staff member may apply in writing for conversion to non-casual employment in accordance with the conversion provisions of Schedule 4.

25. INTERCAMPUS WORK, TRAVEL AND TRANSFERS

25.1 Each staff member of the University will be attached to a designated campus or other location of the University and not be assigned unreasonable responsibilities on other campuses or at other locations. What constitutes "unreasonable responsibilities" for the purposes of this clause will be determined on a case by case basis. Where travel between campuses or other locations or campuses and other locations is required the University will determine the most suitable mode of transport after consultation with the staff member, and any costs incurred in such travel will be reimbursed upon production of receipts. Travelling time between campuses or other locations or campuses and other locations will count as time worked and comparable amenities will be provided for duties undertaken at other campuses and locations.

25.2 The University may , after consultation with a staff member, transfer or second the staff member to a suitable position at the same classification level and time fraction and with the same or similar skills and experience requirements. In all discussions relating to an internal transfer, a staff member may choose to be accompanied by a Representative.

25.3 On transfer and/or secondment, the staff member will retain current employment status, conditions and salary range for the classification, but may agree to a varied fraction. The staff member may also be entitled to relocation leave at clause 47.25 of this Agreement.

26. SALARY INCREASES

26.1 All University staff members to whom this Agreement applies will be classified and paid in accordance with Schedule 1 with the exception of sessional staff (including casual academic Research Assistant staff) who are paid a sessional or hourly rate as specified in Schedule 2 of this Agreement and staff members employed on a Performance-Based Contract.

26.2 Staff members will receive the salary increases set out in Schedule 1 or 2, as applicable, and as set out and summarised below:

• 3.0% from 3 December 2022 (already paid as an administrative increase);
• 4.0% from 3 June 2023 (already paid as an administrative increase);
• 3.0% from the first full pay period to commence on or after 1 June 2024;
• 3.5% from the first full pay period to commence on or after 1 June 2025; and
• 3.5% from the first full pay period to commence on or after 1 June 2026.

27. PAYMENT OF SALARIES AND DEDUCTIONS

27.1 Salaries will be paid fortnightly, directly into any bank, building society, credit union account or, in exceptional circumstances, the staff member may apply to be paid by cheque. On the written authority of a staff member, the University will make deductions from a staff member’s salary for employee superannuation contributions and may make other deductions at the staff member’s request (except for court ordered deductions).

27.2 A sessional staff member will be paid for work scheduled by the University within 22 days of the University receiving confirmation of that work being performed. In relation to:

(a) a sessional staff member performing ad hoc or unscheduled work that is required by the University; or

(b) a casual professional staff member,

the staff member will be paid within 22 days of submitting a completed valid claim for payment provided that, if a claim for payment is submitted which is not accepted or not considered valid, the University will endeavour to advise and consult the staff member within 10 working days of that submission to assist in ensuring a valid claim is made.

A sessional staff member must be engaged and paid for a minimum period of two hours per occasion they are required to attend work by the University, inclusive of any incorporated time and payment for preparation or associated working time already provided for or assumed to be included in the rates table in Schedule 2 or in the descriptors in Schedule 3.

27.3 Staff members will receive a statement of details of salary payment including gross salary, tax payable, any higher duties allowance, arrears and any deductions. The staff member will receive the statement via a secure web site or a printed advice slip.

27.4 An underpayment to a staff member will be corrected and full payment made to the staff member within two working days following notification by the staff member to the University of the underpayment except that by mutual agreement between the staff member and the University such payment may be made not later than the pay day for the next pay period. The University has processes and procedures in place aimed at preventing underpayments.

27.5 The University will advise and consult with a staff member when an overpayment has been identified. The University will inform the staff member of the amount of the overpayment and will write to the affected staff member about the options available for repayment. The timeline for repayment shall be of reasonable length, having regard to the extent of the overpayment and period of time elapsed between overpayment and its identification by the University. Where an overpayment has occurred, the staff member and the University will negotiate in good faith with the aim of reaching an agreed repayment arrangement, after which the University may deduct the overpayment from the staff member’s salary or termination payments in accordance with the agreed repayment arrangement. If agreement on such a repayment arrangement cannot be reached then the procedures of the Dispute Resolution Procedure under clause 13 of this Agreement will be applied to achieve an outcome that determines a repayment arrangement that allows the University to recover the overpayment, after which the University may deduct any overpayment from the staff member’s salary or termination payments accordingly. Provided that nothing in this clause prevents the staff member from disputing whether an overpayment has occurred.

27.6 Where a staff member resigns or retires, or their employment is terminated, the University will, to the extent permissible by law, set-off against and deduct from any amounts payable to the staff member by way of salary, allowance, annual leave, long service leave and any other benefits owing to the staff member by the University, any amount owed to the University by the staff member arising from the staff member's employment.

27.7 With four weeks’ notice, a staff member will be entitled to payment in advance for periods of paid parental, long service or Outside Studies Program leave in excess of 10 days up to a maximum of 12 weeks.

27.8 Within 14 days of a staff member’s employment being terminated, the University will pay to the staff member amounts owed to the staff member in relation to:

(a) salary for any complete or incomplete pay period up to the date of termination; and

(b) all other amounts that are due to the staff member on termination of employment under this Agreement or the National Employment Standards of the Fair Work Act 2009 .

28. PAYMENT OF INCREMENTS

28.1 Where a staff member’s salary classification changes, the date of effect of the change will become the date of effect for future incremental increases. Payment of salary increases due to increments, promotion or reclassification will be made on or after the date of the increase, provided that, where an increase has effect from 1 January, payment may be made on the first pay-day in February .

29. ANNUAL LEAVE LOADING

29.1 All staff members, except casual professional and sessional staff, will be entitled to 17½ per cent of the salary for four weeks’ annual leave payable in the pay period in which 15 December occurs, with a maximum payment equal to the Australian Bureau of Statistics average weekly total earnings of all males (Australia) for the bi-annual date released in August in the year in which it is paid. Staff members will be entitled to a pro rata payment for each completed calendar month of continuous service in that entitlement year.

30. SALARY PACKAGING

30.1 Staff in continuing employment or on a fixed-term contract of more than 12 months may negotiate an individual salary package to reduce the cash salary prescribed for the staff member’s classification in Schedule 1 in favour of a mix of benefits and cash salary.

Such a salary package will be set out in an agreement with the University which will specify:

(a) That the salary for the purposes of superannuation, leave loading, termination payments, redundancy or early retirement benefits, overtime and shift benefits, will be the salary contained in Schedule 1.

(b) That periods of paid leave will be paid on the reduced cash salary and packaged benefits.

(c) That the University may elect to discontinue salary packaging, or offer the staff member a new salary package, if legislative or other changes increase the cost of salary packaging for the University.

30.2 Benefits available under salary packaging are determined from time to time by the University but may include payment for University car parking, childcare and gym membership, and the UniSuper employee contribution. Where the University elects to vary the items which may be offered it will consult with staff directly, and where a staff member chooses with their nominated Representative, and with the NTEU before changes to benefits are made.

30.3 Where a third party administers salary packaging benefits, the University will exercise its best endeavours to avoid or minimise any loss suffered by the staff member as a result of incorrect administration of the scheme by the third party.

31.SUPERANNUATION

31.1 The University will make superannuation contributions in respect of a staff member, as follows:

(a) for all staff other than casual/sessional staff and PBC staff engaged pursuant to clause 16 of this Agreement, at the rate of 17% of salary prescribed in Schedule 1 of this Agreement (unless an election is made in accordance with clause 31.2);

(b) for casual/sessional staff, at the rate required to satisfy minimum contributions under the Superannuation Guarantee (Administration) Act 1992 (the "SGA Act"); and\

(c) for PBC staff engaged pursuant to clause 16 of this Agreement, at the rate of 17% of the staff member’s contractual base salary subject to meeting the minimum contributions required under the SGA Act unless an election is made in accordance with clause 31.2,  provided that:

• where a staff member is a member of UniSuper, the salary upon which contributions are calculated shall be no less than salary as defined in the UniSuper Trust Deed; and
• where a staff member salary sacrifices, the employer contribution will be based on the staff member’s pre-sacrificed salary.

31.2 A staff member may request and the University may agree in order to address any limitations/caps under the SGA Act relating to contribution levels, for the University to make only minimum contributions that are required under the SGA Act, in return for receiving commensurately higher remuneration. For staff members who are members of UniSuper, this will only be approved where the UniSuper Trust Deed allows for the staff member to receive reduced employer contributions. The University will not approve for more than 10% of continuing and fixed-term staff to reduce their employer superannuation contributions under this clause 31.2.

31.3 The University’s nominated default fund is UniSuper. In the event that a staff member does not choose an alternative complying fund to receive employer superannuation contributions, or the University is not otherwise required by law to make contributions to an alternative fund, the University will make contributions to UniSuper.

32.ON - CALL AND CALL-BACK FOR APPLICABLE PROFESSIONAL STAFF

32.1 Continuing or fixed-term HEW Levels 1-9 staff employed in the following work areas may be rostered or directed to be "on call" outside of normal working hours for physical attendance (or remote log-in where applicable):

(a) staff in information technology services provision:

• eSolutions

(b) Building and Property Division

(c) Campus Community Division:

• Student Performance Representation and Engagement Programs (PREP)

(d) University Marketing, Admissions and Communications:

• Communications Team; and
• Media Team

(e) any other area approved in writing by the Chief Operating Officer.

32.2 Where an individual staff member or group of staff members considers they are rostered or directed to be on call outside of normal working hours for physical attendance (or remote log-in where applicable) but are not employed in the work areas listed in clause 32.1 above, they should raise their concerns with their line manager for the consideration of the applicable Division or Faculty. The applicable Division or Faculty will then submit its written recommendation to the Chief Operating Officer that the work area of the staff member (or staff members) should be either approved or not approved under clause 32.1(e). The Chief Operating Officer will:

(a) take that recommendation into consideration and may make any inquiries they consider necessary;

(b) proceed as expeditiously as practicable; and

(c) determine whether or not to approve under clause 32.1(e).

On-Call Arrangements

32. 3  Where a staff member is rostered on call by the Dean/Divisional Director:

(a) Roster times may be any hours outside of 8:00am to 6:00pm week days, any hours on a University holiday, and hours between 6:00pm Friday to 8:00am Monday.

(b) They must be contactable by telephone or pager and be fit and ready for on-site attendance (or remote log-in) within one hour.

(c) Payment for being on-call will be 25% of the hourly ordinary rate with a three-hour minimum payment period.

(d) A rostered on-call period will not normally be greater than one week without one week off-call.

Payment for Call-Back Overtime

32.4 Where a staff member is called back to work while rostered on-call:

(a) For HEW Levels 1-7 staff overtime will be paid at 150% for the first three hours and 200% thereafter (Monday to Saturday), 200% (Sunday) and 250% (University holidays), with a minimum overtime payment of three hours for a staff member called back on-site, and one hour for a remote log-in. A single minimum payment will apply for multiple call-backs within the three-hour or one-hour period, and claimable overtime does not include travelling time.

(b) On-call allowances cease for all time paid as call-back overtime. Subject to mutual agreement, time off may be taken in lieu of overtime payment in accordance with clauses 83.10 and 83.11.

(c) A dial-in allowance of $15 per day (or pro rata for a shorter period) will be paid where remote log-in is required (subject to a maximum payable of $390 per calendar year).

(d) A staff member will be given at least a 10-hour break (plus reasonable travelling time from the work site to the staff member’s home) from completion of overtime duty on any call-back without loss of pay for scheduled ordinary duty commencing during such break.

32.5 Scheduled overtime for the purposes of maintenance or any other work will not attract on-call remuneration. Overtime and TOIL provisions will apply and prior approval is required to carry out functions that incur overtime. For HEW Levels 8-9 staff, no overtime is payable and remuneration will be in the form of a quarterly lump-sum performance payment.

32.6 Payments under this clause do not apply for all purposes and therefore are not superannuable and do not apply for leave or other benefits or entitlements.

33. CONDITIONS FOR MONASH UNIVERSITY 12 HOUR SHIFT ROSTER FOR ENGINEERING SERVICES OFFICERS (ESOs)

33.1 The current arrangements for ESOs engaged in continuous shift work for Monash University will apply and are to prevail where inconsistent with any provisions in this Agreement.

33.2 Details of those arrangements for ESOs will be as set out in the relevant University Policy as at 22 November 2005.

34. VOLUNTARY REDUCED WORKING YEAR

34.1 A voluntary reduced working year arrangement is available upon application and approval to all continuing and fixed-term staff who wish to extend their leave options for personal and / or family responsibility reasons. A staff member may apply to reduce their current working year by multiples of two weeks up to eight weeks, with salary proportionately reduced to fund a corresponding increase in additional paid leave over a 52-week period . This additional leave will not attract annual leave loading and must be taken during each 12-month period of the reduced working year arrangement. Such leave will be taken by application and be subject to prior approval.

34.2 Operation of a voluntary reduced working year arrangement is subject to the following conditions:

(a) Staff with any excess annual or long service leave balance under clauses 42 or 44 are not eligible to participate or remain in the scheme.

(b) The term of the arrangement will be negotiated for a period of at least 12 months but may be varied by either the University or the staff member, subject to three months’ notice on either side or shorter written notice by the staff member where agreed by the University.

(c) Leave accrued prior to the staff member’s entry into the scheme will not be proportionately reduced. Leave accrued during the term of the scheme will be paid at the reduced rate provided that long service leave accrued during the term of the scheme will be paid at the average service fraction over the leave accrual period. Staff may choose to have employer and employee superannuation contributions paid on the full or reduced working year salary.

(d) Notwithstanding clause 42, all annual leave accrued during each 12-month accrual period in the term of the reduced working year arrangement must be taken during that accrual period.

35.PRE-RETIREMENT

35.1 Staff in full-time or fractional-time continuing employment may elect to apply to reduce their time commitment under a pre-retirement contract to a fraction of not less than 0.3 and not more than 0.8 of full-time, when they are within three years or less of being eligible to receive a retirement benefit from their superannuation scheme.

35.2 Eligible staff members will transfer to a fixed-term pre-retirement contract, with the University paying a subsidy to maintain employer UniSuper contributions (or equivalent State Superannuation provisions) at the rate applicable for the former substantive continuing appointment.

35.3 The staff member will make superannuation staff member contributions at the level appropriate to their new fraction of appointment. The University will also provide a subsidy payment sufficient to ensure the retention of superannuation benefits appropriate to the former substantive continuing appointment.

35.4 The workload and pattern of work for a staff member under a pre-retirement contract will be subject to determination and approval by the Head of Administrative Unit according to the role and responsibilities agreed between the Head and the staff member, appropriate to the fraction of full-time appointment.

35.5 Further reductions in fraction, within the specified limits, may be agreed at any time, to a new fraction of not less than 0.3.

35.6 Annual leave, sick leave and long service leave under a pre-retirement contract will accrue at the new fractional rate with adjustment of entitlement to provide fully for prior service. The fraction of appointment may be adjusted for a period to facilitate clearing any excess annual and long service leave credits.

35.7 Staff will transfer to a fixed-term fractional pre-retirement contract of no greater than three years in length.

35.8 Staff who transfer to a pre-retirement contract in accordance with this clause will be ineligible for conversion as provided in clause 23 of this Agreement.

36. EXCHANGE OF ANNUAL LEAVE LOADING FOR EXTRA LEAVE

36.1 Staff members may volunteer, in January each year, to receive three and one-half (3.5) days’ leave in addition to annual leave . In return they will forfeit their entitlement to payment of annual leave loading in the year in which the additional leave is credited. These three and a half extra days’ leave will be taken in accordance with normal University leave processes, but are non-cumulative and must be taken prior to 31 December in any given year.

36.2 Exit from the scheme is open only in January each year.

37. INDIVIDUAL FLEXIBILITY ARRANGEMENTS

37.1 This clause constitutes the flexibility term referred to in section 202 of the Fair Work Act 2009 (Cth) (the "Act").

37. 2 A staff member and the University may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement, which will deal with one or more of the following matters:

(a) Structuring a pattern of working hours to enable professional staff members to work on a full-time or fractional seasonal basis for a portion of a year receiving salary payments averaged across the whole year, varying the arrangements contained in clauses 17, 26, and 27 and Schedule 4 as and when applicable.

(b) Accelerated leave arrangements for the taking of excess annual leave balances (in excess of 60 days) to bring the balance to not less than 30 days. An accelerated leave arrangement is only available once in the life of the Agreement for each individual staff member, and such accelerated leave may be accessed at no higher rate than double pay. To this extent only, this varies the provisions of clause 42.3.

(c) Additional unpaid parental leave or unpaid carer’s leave, varying clauses 45 and 43 as and when applicable in relation to the availability of such unpaid leave.

(d) Allowing for different dates to be agreed between the University and the staff member for the taking of annual leave which is otherwise rostered and deemed in accordance with clause 42.5 of this Agreement.

37.3 The University will ensure that:

(a) the arrangement meets the genuine needs of the University and staff member in relation to one or more of the matters mentioned in clause 37.2;

(b) the arrangement is genuinely agreed to by the University and staff member;

(c) agreement to a flexibility arrangement may not be a precondition for reclassification, promotion or employment (except for seasonal staff engagements under clause 37.2(a));

(d) the staff member is advised that they are entitled to have a Representative negotiate a flexibility arrangement on the staff member’s behalf, providing that the arrangement does not require the consent of a third party as specified in section 203(5) of the Act; and

(e) the staff member and their Representative (if any) must have at least three (3) working days to consider the proposal if initiated by the University.

37.4 The University will ensure that the terms of the individual flexibility arrangement:

(a) are about permitted matters under section 172 of the Act; and

(b) are not unlawful terms under section 194 of the Act; and

(c) result in the staff member being better off overall than they would be if no arrangement was made.

37.5 The University will ensure that the individual flexibility arrangement:

(a) is in writing; and

(b) includes the name of the University and the staff member; and

(c) is signed by the University and staff member and, if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; and

(d) includes details of:

(i) the terms of the Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the staff member will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and

(e) states the day on which the arrangement commences.

37.6 The University will give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to and keep the agreement as a time and wages record which will be an adjunct to the University’s other established record keeping processes.

37.7 The University or staff member may terminate the individual flexibility arrangement:

(a) by giving no more than 28 days’ written notice to the other party to the arrangement; or

(b) if the University and staff member agree in writing — at any time.

37.8 The right to make an agreement pursuant to this clause is in addition to and is not intended to otherwise affect, any provision for an agreement between the University and an individual staff member contained in any other term of this Agreement.

38. REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS

38.1 Staff member may request change in working arrangements

Clause 38 applies where a staff member has made a request for a change in working arrangements under s.65 of the Fair Work Act 2009 (the "Act").

Note 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances, as set out in s.65(1A).

Note 2: The University may only refuse a s.65 request for a change in working arrangements on "reasonable business grounds" (see s.65(5) and (5A)).

Note 3: Clause 38 is an addition to s.65.

38.2 Responding to the request

Before responding to a request made under s.65, the University must discuss the request with the staff member and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the staff member’s circumstances having regard to:

(a) the needs of the staff member arising from their circumstances

(b) the consequences for the staff member if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

Note 1: The University must give the staff member a written response to their s.65 request within 21 days, stating whether the University grants or refuses the request (s.65(4)).

Note 2: If the University refuses the request, the written response must include details of the reasons for the refusal (s.65(6)).

38. 3 What the written response must include if the University refuses the request

Clause 38.3 applies if the University refuses the request and has not reached an agreement with the staff member under clause 38.2.

(a) The written response under s.65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(b) If the University and the staff member could not agree on a change in working arrangements under clause 38.2, the written response under s.65(4) must:

(i) state whether or not there are any changes in working arrangements that the University can offer the staff member so as to better accommodate the staff member’s circumstances; and
(ii) if the University can offer the staff member such changes in working arrangements, set out those changes in working arrangements.

38.4 What the written response must include if a different change in working arrangements is agreed

If the University and the staff member reached an agreement under clause 38.3 on a change in working arrangements that differs from that initially requested by the staff member, the University must provide the staff member with a written response to their request setting out the agreed change(s) in working arrangements.

38.5 Dispute resolution

Disputes about whether the University has discussed the request with the staff member and responded to the request in the way required by clause 38, can be dealt with under clause 13 – Dispute Resolution Procedure.

39. WORKING FROM HOME

39.1 The University has developed a working from home policy.

39.2 The University will apply that policy when dealing with staff members’ requests to work from home.

39.3 A staff member may request to work from home and the University will approve the request subject to the following conditions:

(a) Applications for working from home may only be refused in line with University Policy and/or on reasonable business grounds.

(b) The work from home must be predominantly carried out in Victoria. Working from home outside of Victoria within Australia or overseas will be entirely at the discretion of the University and will be approved only in exceptional circumstances.

39.4 A working from home arrangement under this clause will not be approved unless it is consistent with University Policy, which includes that it must be submitted for approval annually and that any approval will be for a maximum period of 12 months or the period remaining of the staff member’s fixed-term contract (where applicable), whichever is the lesser.

39.5 This clause will have effect only until the nominal expiry date of this Agreement, provided that any working from home arrangement that was approved before that date will continue to apply according to its terms.

40. DEFINITIONS AND GENERAL CONDITIONS

40.1 For the purposes of this Part:

(a) "birth parent" means a parent who gives birth to a child;

(b) "child" means:

• for the purposes of partner leave, a child or children of the staff member’s partner;
• for the purposes of adoption leave, a child or children of the staff member placed with the staff member through an adoption process, who is not the birth child of the staff member or the staff member’s partner, and
• who has not previously lived continuously with the staff member for a period of six months or longer;

(c) "days" means working days;

(d) "expected date of delivery" means the date specified on the medical certificate provided and signed by a registered medical practitioner for the expected delivery of a child;

(e) "family member" means either:

• a member of the staff member’s household; or
• a member of the staff member’s immediate family which includes partner, former partner, child, parent, grandparent, grandchild, sibling, a person with whom the staff member shares an Aboriginal or Torres Strait Islander kinship relationship or any other person with whom the University is satisfied that the staff member has a genuine family relationship;

(f) "paid leave" refers to leave at the ordinary rate of pay;

(g) "parental leave" includes adoption leave, birth parent leave, and partner leave;

(h) "partner" means a person of the same or a different sex or gender who lives with the staff member as husband, wife or partner of the staff member on a genuine domestic basis, whether or not legally married to that person. For the purposes of eligibility for partner leave under clause 45, "partner" may include a former partner who no longer lives with the staff member;

(i) "pay" for the purposes of leave means the staff member’s ordinary rate of pay, provided the maximum rate payable for parental leave purposes will be no more than the ordinary rate payable at HEW level 10 or Level E for professional staff and academic staff respectively as specified in Schedule 1 of this Agreement.

40.2 All applications for leave must be accompanied by relevant documentary evidence satisfactory to the University that the staff member is entitled to the leave requested.

40.3 Subject to clauses 43.7, 44.10, 45, 47.10, 47.21, and 54.2, leave entitlements and arrangements in this Agreement do not apply to casual professional or sessional staff, and no casual or sessional service will count as service in determining entitlements to leave or for any other purpose.

40.4 Staff are not permitted to undertake paid work additional to any already approved by the University while at work at the University whilst absent on any form of paid or unpaid leave without the prior written authorisation of the University. Such authorisation will not be unreasonably withheld.

40.5 The entitlements under this Part of part-time staff members will be in accordance with the provisions of clause 17.19 of this Agreement.

WorkCover and Leave to Count as Service

40.6 The following periods will count as service for leave entitlements and accruals and for severance, termination and resignation purposes:

(a) Any period of paid leave, including long service leave taken on half pay;

(b) No more than 20 days’ unpaid leave for incapacity due to illness or injury continuously or in aggregate in any year of service (as distinct from a calendar year);

(c) No more than 26 weeks’ continuous paid or unpaid parental leave;

(d) No more than 20 days’ unpaid Election or Arbitration leave, or any other unpaid leave continuously or in the aggregate in any year of service (as distinct from a calendar year);

(e) Time worked on WorkCover rehabilitation with the University after the expiry of make-up pay.

Continuity of Service

40.7 In this Agreement (including clause 23.8):

(a) breaks between fixed-term appointments of up to two times per year and of up to six weeks each will not constitute breaks in continuous service and such breaks do not count as service;

(b) for fixed-term research-only staff, service will be regarded as continuous, provided that any break in service does not exceed three months and such breaks do not count as service.

41. CONTINUITY OF LEAVE

41.1 Where a staff member has commenced leave prior to the date of approval of this Agreement, that staff member will continue their leave on the terms that applied at the commencement of their leave.

42. ANNUAL LEAVE

42.1 A staff member is entitled to 20 paid days of annual leave for each completed year of service.

42.2 A staff member who is a 7-day shift worker, and who is rostered to work at least 10 Sundays in the accrual period, will be entitled to an additional 5 paid days of annual leave.

42.3 Annual leave may be taken at a time agreed between the staff member and the relevant supervisor, and up to 20 days may be granted in advance of the date on which the entitlement accrues. If agreement cannot be reached on the time of taking of leave, the staff member may appeal in accordance with the following:

(a) For an academic staff member, the staff member may appeal to the Dean for final resolution. If the Dean is the staff member’s supervisor, the staff member may appeal to the Chief People Officer, Monash HR; and

(b) For a professional staff member, the staff member may appeal to the Divisional Director/Dean for final resolution. If the Divisional Director/Dean is the staff member’s supervisor, the staff member may appeal to the Chief People Officer, Monash HR. Where the Chief People Officer, Monash HR is the staff member’s supervisor, the staff member may then appeal to the Chief Operating Officer.

42.4 Where a staff member ceases employment with the University payment in lieu of annual leave credits accrued up to the date of termination of employment will be paid on termination, provided that where termination of employment is due to the staff member’s death such payment will be made to the staff member’s estate. Payment in lieu will be for all annual leave accrued for each completed year of service plus a pro rata amount for the current year of service calculated on a daily basis.

42.5 The process by which annual leave will be managed is as follows:

(a) A staff member will receive an email when their leave balance is 20 or more days but less than 25 days and again when the balance is 25 or more days but less than 30 days. These emails will serve the purpose of advising the staff member that they are close to reaching the maximum permissible limit of 30 days and that to avoid this the staff member should negotiate a leave plan with their supervisor.

(b) If the staff member’s leave balance reaches 30 days, an email will be sent to the staff member. This email will advise the staff member that they have reached the maximum permissible limit of 30 days and that any accrual of leave beyond this limit will constitute "excess annual leave" (EAL).

(c) Should the staff member not submit an application for annual leave within two weeks of receipt of the email after their leave balance reaches 30 days, their supervisor may direct the staff member, in writing, to submit a leave proposal that will eliminate the EAL including any additional leave accrued during any notice period.

(d) If the staff member:

(i) has EAL as at 23 November; and \
(ii) has not submitted to the University by the following 7 December an annual leave application that will when the leave is taken result in elimination of the EAL by no later than the following 30 June,

they will by operation of this clause be rostered and deemed to be on annual leave from their first expected working day after the immediately following Christmas/New Year closedown period.

The duration of such leave will be for the number of days that, after taking the leave, will bring the staff member’s leave balance down to 20 days and the staff member’s annual leave will be reduced accordingly.

(e) An eligible staff member may make an application in writing to the Chief People Officer, Monash HR to cash out annual leave. An eligible staff member is a staff member in fixed-term or continuing employment who has not previously had an application to cash out annual leave granted.

The minimum period of leave to be cashed out is one week. A minimum balance of 4 weeks’ annual leave must be maintained for an application to cash out leave to be accepted. All payments made when cashing out annual leave do not count as service. Staff members are advised to seek financial advice before making an application to cash out leave. Any acceptance of an application to cash out annual leave must be documented in a written agreement between the staff member and the University.

43. SICK AND CARER'S LEAVE

Sick leave

43.1 A staff member who meets the requirements described in this clause will be entitled to the following paid leave if unable to perform their duties due to an illness or injury:

(a) For continuing appointments, on commencement of appointment the staff member will be credited with 30 days of sick leave and a further 15 days for each year of service after initial service of 24 months;

(b) For fixed-term appointments of 24 months or more, the same as for continuing appointments;

(c) For fixed-term appointments of less than 24 months, on commencement of appointment the staff member will be credited with pro rata 30 days of sick leave per 24 months of service. After expiry of the initial fixed-term appointment the staff member will be credited with a further 15 days for each year of service.

43.2 Unused sick leave entitlements accumulate from year to year.

43.3 For sick leave absences in excess of either three consecutive days (including weekends and public holidays) or six aggregate days in any year of service, a staff member will be required to provide satisfactory evidence of illness or incapacity. Provided that clause 40.2 will apply where the University has reasonable grounds to dispute the genuineness of the staff member’s illness or incapacity.

43.4 A staff member may apply to have accrued sick leave substituted for annual or long service leave on presentation of proof that they were ill during the period of leave.

43.5 Sick leave credits with employers recognised by the University for long service leave prior service purposes (see clause 44) will be transferable up to a maximum of 30 days. Where a staff member was previously employed by the University and returns to continuing or fixed-term employment with the University within a period of 12 months or less, any unused sick leave from the staff member’s previous employment with the University will be recredited to the staff member.

Carer's Leave

43.6 A staff member will be entitled to access sick leave credits to provide care to a family member who requires the staff member’s care because of illness, injury or unexpected emergency affecting the family member. The conditions prescribed in clauses 43.1 to 43.5 will apply save that reference to illness or incapacity of the staff member will be read as a reference to illness or incapacity of the family member.

43.7 If a staff member is required to care for a family member because of an injury, illness or unexpected emergency but either has exhausted their sick leave credits or is employed as a casual, the staff member is entitled to unpaid leave for a maximum of 2 days for each occurrence.

43.8 For carer's leave and unpaid carer's leave, a staff member must on each occurrence provide satisfactory evidence of the need to be absent from work on carer’s leave.

43.9 A staff member may apply to have accrued sick leave substituted for annual or long service leave on presentation of satisfactory evidence that, had the staff member been at work during the period of leave, the staff member would have needed to be absent from work on carer’s leave.

44. LONG SERVICE LEAVE

44.1 A staff member that has at least 10 years of recognised continuous service and who meets the requirements described in this clause will be entitled to 13 weeks paid leave after 10 years of continuous service and 1.3 weeks for every additional year thereafter.

44.2 Where service is not continuous and any break in service either with the University or a recognised prior service employer does not exceed 12 months, the staff member's recognised service will be the aggregate of their period of service (including any prior recognised service).

44.3 A staff member will be entitled to have service with previous employers as listed in clause 44.4 recognised as prior service for long service leave purposes where:

(a) they make a claim for recognition of that prior service within six months of their commencement of employment with the University irrespective of the mode of employment; and

(b) there is no break in service with a recognised prior service employer of more than 12 months.

Where the staff member does claim recognition of prior service for long service leave purposes, the University will notify the staff member of the amount of recognised service as soon as possible but no later than 12 months after the date of appointment. Where previous service is recognised the University may require that the staff member complete up to three years’ service with the University before long service leave may be taken.

44.4 Subject to clause 44.3, prior service of up to 10 years with the following employers will be recognised for the purposes of long service leave:

(a) Any public Australian University or TAFE Institutes.

(b) The Commonwealth or any State/Territory Public Service and instrumentalities including the armed forces and bodies with which the Public Services have reciprocal relations as published from time to time in the regulations of the Public Service.

(c) Institutions that carried the following names under the repealed Schedule 2 of the Post-Secondary Education Act 1978 (Vic): Ballarat College of Advanced Education; Bendigo College of Advanced Education; Caulfield Institute of Technology; Footscray Institute of Technology; Gippsland Institute of Advanced Education; Lincoln Institute of Health Sciences; Prahran College of Advanced Education; Preston Institute of Technology; Royal Melbourne Institute of Technology Limited; State College of Victoria at Burwood; State College of Victoria (at Coburg, Frankston, Hawthorn, Melbourne, Rusden and Toorak); State College of Victoria - Institute of Catholic Education; State College of Victoria - Institute of Early Childhood Development; Swinburne College of Technology Limited; The Victorian College of the Arts; Victorian College of Pharmacy Limited; Warrnambool Institute of Advanced Education.

(d) Employers by negotiation between the staff member and the University at the time of the staff member’s appointment.

(e) CSIRO, Monash University companies, Australian inter-university bodies (e.g. Universities Australia) and the TAFE Board.

44.5 The following will not count as service for long service leave purposes:

(a) Any period of service subsequent to the date from which a pension is payable under the provision of the Superannuation Act or of such other pension schemes as may apply where the staff member retires on the grounds of age or ill-health.

(b) Any period of service for which payment in lieu of long service leave has been made by a previous employer or for which a staff member has an entitlement to payment in lieu by a previous employer, provided that any such period of service will be included for the purpose of satisfying the requirement that a minimum of 10 years be served before long service leave may be taken.

44.6 A staff member is entitled to choose the time for taking long service leave provided that at least three months’ written notice is given, and the minimum block of long service leave taken at any one time is two weeks, regardless of the level of leave accrued. A staff member may apply for leave on full pay or double the period of leave entitlement but at half pay.

44.7 The University may on at least three months ’ written notice direct a staff member to reduce their long service leave balance if it exceeds 136.5 calendar days (19.5 weeks). A staff member must submit a leave proposal to their supervisor within two weeks of receiving such a direction. If the staff member fails to submit a leave proposal, the staff member will, by operation of this clause, be rostered and deemed to be on paid long service leave from 31 December of the year in which the notice was received for such period as is necessary to reduce their long service leave balance to 19.5 weeks. These provisions will not apply where a staff member notifies the University in writing that they intend to retire within 24 months, such notification being irrevocable by the staff member, unless otherwise agreed by the University.

44.8 Where a staff member’s time fraction has varied, the staff member may choose to be paid in accordance with one of the following options:

(a) at the ordinary rate with leave entitlements adjusted pro rata for any variations in fraction during the accrual period; or

(b) the ordinary rate of pay adjusted to the staff member’s average fraction over the accrual period as at the date of commencement of leave.

44.9 Payment in lieu of long service leave calculated on a daily basis equivalent of 1.3 weeks per annum will be paid when the staff member’s employment with the University is terminated in the following circumstance:

(a) Where the termination is at the initiative of the staff member or the University:

(i) after 10 years’ service, including recognised service with another employer; or
(ii) after four years’ service on the grounds of age retirement (where the staff member is eligible to receive a retirement benefit from their superannuation scheme) or death; or

(b) Where the termination is at the initiative of the University after four or more years of service on the grounds of ill-health.

(c) The staff member was entitled to severance pay under clause 22.9.5 of the Monash University Enterprise Agreement (Academic and Professional Staff) 2019 and has five or more years of continuous service calculated from the date of commencement on a fixed-term contract which commenced on or after 22 November 2005.

44.10 In accordance with the Fair Work Act 2009 , service with Monash University as a casual or sessional staff member from 29 January 2010 which meets the requirements of the Long Service Leave Act 2018 (Vic) will count as service with Monash University for long service leave under this Agreement. Service with Monash University as a casual or sessional staff member prior to 29 January 2010 will not count as service with Monash University for calculating any long service leave entitlements.

45. PARENTAL LEAVE

Entitlement to parental leave for birth parents

45. 1 Staff members being birth parents having continuous service of at least 24 months are entitled to leave for a continuous period of up to 52 weeks comprising 14 weeks at 100% pay (to conclude no later than 14 weeks following the date of delivery) and 38 weeks at 60% pay.

45.2 Staff members being birth parents having continuous service of 12 months or more but less than 24 months are entitled to leave for a continuous period of up to 52 weeks comprising 14 weeks’ leave at 100% pay (to conclude no later than 14 weeks following the date of delivery) and leave at 60% pay at the rate of 3.16 weeks for each completed month of service after the first 12 months, plus unpaid leave for any remainder of the continuous 52-week period. 

45.3 Staff members being birth parents having continuous service of less than 12 months are entitled to leave for a continuous period of up to 52 weeks (to conclude no later than 52 weeks following the date of delivery) comprising leave at 100% pay at the rate of 1.16 weeks for each completed month of service (to conclude no later than 14 weeks following the date of delivery) plus unpaid leave for the remainder of the continuous 52- week period.

Entitlement to parental leave for adoption or in the event of a permanent care order

45.4 A staff member who:

(a) has been approved for the adoption of a child; or

(b) takes on primary care parental responsibilities for a child arising from a permanent care order where the child has not already spent six months in the staff member’s care before commencement of the order,

will be entitled to leave equivalent to the leave entitlement of a birth parent under clauses 45.1 to 45.3, according to the staff member’s length of continuous service and with "date of placement" or "date of assuming primary care parental responsibility under a permanent care order" as appropriate substituted for "date of delivery".

Parental leave for surrogacy arrangements

45.5 If a staff member (other than the birth parent) enters into a surrogacy arrangement in respect of the birth/placement of the child and it is not covered by a type of parental leave set out in clause 45 of this Agreement, the staff member may, with the approval of the Chief People Officer, take parental leave equivalent to that applying to staff taking parental leave for adoption.

Entitlement to partner leave

45.6 A staff member:

(a) whose partner:

(i) gives birth to or adopts a child; or
(ii) is the parent of a child by way of surrogacy or permanent care order; or

(b) who is the biological parent of a child (other than the parent who gave birth to the child),

is entitled to apply for the relevant type of leave specified in Table E below, subject to the specific eligibility rules and requirements set out in the table for the type of leave.

Table E

45.7 The staff member must provide relevant documentary evidence satisfactory to the University that the staff member is entitled to the leave requested at clause 45.6.

Entitlement to parental leave for long term casuals

45.8 Staff members engaged as long-term casuals are entitled to 12 months' unpaid parental leave.

Notice of parental leave

45.9 A staff member is required to give at least four weeks’ written notice prior to commencing parental leave or, where that is not practicable in the case of unpaid parental leave, written notice as soon as practicable thereafter.

Flexible unpaid parental leave

45.10 If the staff member is applying for any unpaid parental leave and they have at least 12 months’ continuous service, they may notify the University of the number of days of their unpaid parental leave entitlement up to 100 days that they are reserving to take as flexible unpaid parental leave:

(a) during the 24-month period starting on the date of birth or placement of their child; and/or

(b) in the case of a pregnant staff member, during the period that starts six weeks before the expected date of birth of their child.

Such notification is to be provided by written notice at least 10 weeks in advance of commencing that flexible unpaid parental leave, or by written notice at a later date where agreed by the University. Provided that the staff member and the University may agree to a number of days of flexible unpaid parental leave to be taken that is less or more than the days notified up to a maximum of 100 days.

45.11 The amount of flexible unpaid parental leave to which a pregnant staff member is entitled under clause 45.10(a) in relation to their child is reduced by the number of days of flexible unpaid parental leave taken by the staff member under clause 45.10(b).

45.12 Flexible unpaid parental leave may be taken as either a single continuous period or as multiple periods of one or more days each of which is not continuous. The staff member is required to provide written notice of the date(s) they will take their flexible unpaid parental leave and, wherever practicable, that notice is to be at least four weeks in advance. The staff member is then required to take their flexible unpaid parental leave on the date(s) notified unless the University agrees to an alternative date or dates.

Commencement of Parental Leave

45.13 Parental leave commences:

(a) on the date of placement of the adopted child in the case of adoption leave or the date of taking on primary care parental responsibilities under a permanent care order;

(b) no earlier than six weeks prior to the expected date of delivery in the case of birth parent leave, unless medical evidence recommends otherwise; and,

(c) no earlier than one week prior to the expected date of delivery in the case of partner leave.

On at least seven days’ notice, a supervisor may request a pregnant staff member to obtain:

• medical evidence that they are fit for work; and
• if the staff member is fit for work, medical evidence as to whether it is inadvisable for the staff member to continue in their present position because of illness or risks arising out of the pregnancy, or hazards connected with the staff member's position.

If the staff member:

• fails to provide the requested medical evidence within seven days of the supervisor making the request; or
• provides medical evidence indicating that they are either unfit for work or it is inadvisable that they continue working,

the supervisor may direct the staff member to commence maternity leave at any time within six weeks prior to the expected date of delivery.

Continuous Period of Leave

45.14 Unless otherwise agreed with the University, all adoption leave and birth parent leave must be taken as a continuous period except where:

• such leave is taken as flexible unpaid parental leave;
• a permitted work period applies; or
• the staff member is on unpaid parental leave with at least 12 months’ continuous service at the commencement of their unpaid parental leave and they take compassionate leave for the stillbirth or death of their child.

Hospitalisation of child and permitted work period

45.15 If a staff member is on unpaid parental leave and their child is either required to remain in hospital after birth or hospitalised immediately after their birth, the staff member may apply to the University to agree to a permitted work period if they had at least 12 months’ continuous service at the commencement of their unpaid parental leave. Provided that a staff member is ineligible to apply for a permitted work period if they have had a previous permitted work period agreed for that child.

• If a permitted work period is agreed:
• the staff member’s unpaid parental leave will be paused and the staff member may elect to return to work during the permitted work period;
• the permitted work period will not break the continuity of the staff member’s unpaid parental leave; and
• the end date of the staff member’s period of unpaid parental leave will be extended by the period of the permitted work period.
• The permitted work period will end:
• on the agreed expiry date;
• at the end of the day of the first discharge from hospital after birth of the staff member’s child; or
• at the end of the day of the death of the staff member’s child if they die before being discharged, 

whichever is the earliest.

Accessing unpaid parental leave after 12 months

45.16 A staff member who has completed at least 12 months’ continuous service with the University immediately prior to the date of delivery/expected date of delivery (or either the date/expected date of the placement of the adopted child or the date/expected date of taking on primary care parental responsibilities under a permanent care order) and who has already taken (or in aggregate with their partner has already taken) 12 months’ parental leave, may request an additional period of up to 12 months’ unpaid parental leave to be taken as a continuous period, and to commence immediately following the end of the initial 12-month parental leave period. The request must be in writing and must be given to the University at least four weeks before the end of the initial 12-month parental leave period. The University will provide a written response to the staff member granting or refusing the request within 21 days of the request being made.

Return To Work After Parental Leave

45.17 At the end of a period of parental leave (or other leave immediately following parental leave), a staff member is entitled to resume work on the same substantive classification, fraction of employment, and salary and with commensurate duties as applied prior to the commencement of leave, subject to the provision by the staff member of at least 4 weeks’ prior confirmation of return to work. With at least 6 weeks’ notice prior to return to work, a staff member who has completed at least 12 months’ continuous service with the University immediately prior to making the request, who is returning from parental leave and who has responsibility for the care of the child may request a reduced working year arrangement in accordance with clause 34, or a reduced fraction for a specified period of time or any other flexible working arrangement. The request must be in writing and must set out the details of the change sought and the reasons for the change. The University will provide a written response to the staff member granting or refusing the request within 21 days of the request being made.

Where a staff member does return from parental leave (or other leave immediately following parental leave) on a reduced fraction and commences a subsequent period of paid parental leave, the fraction applied for determining paid parental leave entitlements of the staff member during that subsequent period of paid parental leave will be:

(a) the staff member’s average fraction for the 12-month period immediately preceding commencement of that subsequent period of paid parental leave; or,

(b) the staff member’s average fraction for the period since their last return from parental leave,

whichever is the lesser period.

45.18 Clauses 45.16 and 45.17 do not apply to a casual or sessional staff member unless the staff member is a long term casual (as defined) of the University immediately prior to making the request.

Return to Work Conversion Option Benefit

45.19 A staff member with an entitlement to adoption or birth parent leave at 60% pay and who returns to work before exhausting their entitlement to leave at 60% pay is entitled to payment of the cash value of the unexpired portion of their leave at 60% pay entitlement as a lump sum, whether or not the staff member returns to work on a reduced fraction.

The cash value of the unexpired portion of the staff member’s leave at 60% pay entitlement excludes superannuation contributions. Any unused portion of the staff member’s entitlement to leave at 60% pay remaining at the staff member’s date of termination of employment will be foregone and the University will have no liability to make any payment in lieu for such entitlement foregone.

Return to Work Obligation

45.20 A staff member will enter into an agreement with the University as a condition of payment for any leave at 60% pay entitlement. The agreement will specify that the staff member is obliged to return to work for a period equivalent to:

(a) the period of leave taken at 60% pay (irrespective of the staff member’s return to work fraction); and/or

(b) the period it takes for the staff member to earn salary (inclusive of additional hours, overtime, shift work, and/or higher duties allowances) equivalent in aggregate to the cash value of the return-to-work  conversion option benefit received.

Discharge of the staff member’s return-to-work obligation commences immediately upon their return to work, but excludes any period of leave following the staff member's return to work.

In the event that the staff member resigns or is dismissed and they have failed to fully discharge their return to work obligation, the staff member will be required to pay the University restitution for the shortfall. In instances where the staff member fails to return to work for a period equivalent to the period of leave taken at 60% pay, employer superannuation contributions made during the period of such leave will be included in the calculation of restitution owing. Any balance outstanding will be deducted from any entitlements otherwise due to the staff member upon termination of employment. The return to work agreement will make it clear that a staff member may elect to extend their period of parental leave in accordance with clause 45.16. A decision by a staff member to extend their period of parental leave does not absolve the staff member of their obligations under the return to work agreement. However, the fulfilment of those obligations may be delayed until the staff member returns to work.

45.21 A staff member’s parental leave will be cancelled where the staff member:

(a) returns to work following parental leave;

(b) ceases as the adopted child’s primary caregiver following the date of placement;

(c) ceases to accept responsibility for the ongoing care of the child in the case of partner leave;

(d) has applied for birth parent leave and the staff member’s pregnancy ends other than by the birth of a living child, whether or not birth parent leave has commenced; and/or

(e) ceases as the child’s primary caregiver during birth parent leave and at least 14 weeks have expired from the date of delivery or the staff member’s entitlement to birth parent leave at 100% pay has been exhausted, whichever is the earlier.

A staff member will have no parental leave entitlements beyond the date of termination of their employment with the University.

Termination or Still Birth

45.22 Where a staff member’s pregnancy has proceeded for at least 20 weeks and their pregnancy either terminates or results in a still birth, they will be entitled to leave up to a maximum aggregate continuous period of 26 weeks comprising:

(a) paid leave equivalent to the staff member’s birth parent leave at 100% pay entitlement that would otherwise have applied, or the remaining balance thereof; and

(b) unpaid leave.

Provided that the maximum aggregate continuous period may be extended to 52 weeks at the election of the staff member where they have at least 12 months’ continuous service at the date of their child’s stillbirth or where certified by a medical practitioner.

Such staff member will resume duty at a time agreed upon in consultation with their supervisor.

45.23 A staff member on unpaid birth parent leave who has an accrued sick leave entitlement and is ill as a result of their pregnancy or childbirth is entitled to be placed on sick leave for the period of illness subsequent to the expiration of their paid birth parent leave, provided they submit a medical certificate or statutory declaration in support.

Parental Leave During Holidays

45.24 Where Labour Day, King’s Birthday or Melbourne Cup Day, fall during a period of parental leave counting as service, the staff member will accrue an entitlement to one and two-thirds days’ holidays in lieu for each day. Where the staff member returns to work in the same year that the entitlement is accrued, it will be taken at the next Christmas/New Year closedown. If not, the accrued holiday entitlement is required to be taken prior to the next closedown period.

45.25 All other holiday entitlements will be foregone by staff on parental leave.

46. GENDER AFFIRMATION

46.1 The University will provide paid leave for purposes related to the affirmation of a staff member’s gender up to an aggregate of 30 days during their employment with the University where they have completed at least 12 months of continuous service. Where the staff member has yet to complete at least 12 months of continuous service, their maximum aggregate leave entitlement will be according to the formula of 2.5 days’ leave for each completed month of continuous service until they have reached 12 months of continuous service.

46.2 Purposes related to the affirmation of a staff member’s gender may include (but are not limited to) attending to any related legal matters, medical and/or counselling appointments, and recovering from medical procedures.

46.3 Where the staff member applies for leave under this clause, the University may require the staff member to provide evidence satisfactory to the University that leave is for purposes related to the affirmation of the staff member’s gender. Such evidence may include but is not limited to a medical certificate or equivalent from a treating practitioner, a letter from a legal practitioner, or a statutory declaration.

46.4 For the avoidance of doubt, this leave is provided in addition to any other leave that may be available to the staff member.

46.5 If a staff member has used all of their paid leave under this clause, they may apply for additional paid or unpaid special leave under clause 47.27 of this Agreement.

Other Related Matters

46.6 In addition to the above, the University will support staff members who are affirming their gender. That support may include (but is not limited to) the following:

(a) Promptly updating the University’s record of the staff member’s gender, salutation, title, email address, name in use and/or providing a replacement staff ID card or equivalent where requested by the staff member together with any required supporting evidence;

(b) At the staff member’s request, the University may communicate with the staff member’s team information agreed with the staff member relating to their gender affirmation;

(c) Providing access to flexible working arrangements when requested by the staff member and where there are no reasonable business grounds for refusal;

(d) Providing access to University counselling services;

(e) Upon the request of a staff member affirming their gender, scheduling transgender and gender diverse awareness training in the staff member’s work unit; and

(f) Providing access to suitable toilet facilities.

46.7 Information regarding the transgender or gender diverse status of a staff member is personal information. That information and any disclosure of that information is subject to the laws applicable to privacy and data protection.

46.8 The University will continue to maintain policies and procedures which uphold the principles of equal opportunity, and will continue to build and sustain a culture free from unlawful discrimination, harassment or harm based on gender identity and gender expression.

47. OTHER LEAVE

47.1 A staff member may elect to use annual leave in lieu of any unpaid leave granted in accordance with this clause.

Accompanying Partner Overseas Leave

47.2 A staff member will be entitled to unpaid leave for the period of travel to accompany a partner overseas provided that:

(a) the partner is also employed by the University; and

(b) the partner is travelling overseas whilst on long service leave or as part of an Outside Studies Program or staff training or at the direction of the University; and

(c) the staff member has been granted such leave on less than two occasions previously; and

(d) such leave will be subject to the University’s approval with regard to operational requirements.

Arbitration Leave

47.3 A staff member conducting a case in the Fair Work Commission that directly relates to the staff member's employment with the University will be entitled to paid leave throughout the hearing of the case. Unpaid leave of up to three months for the preparation of a case in the Fair Work Commission is available to a staff member conducting and/or preparing a case in the Fair Work Commission.

47.4 Arbitration leave, whether paid or unpaid, is only available for up to two staff members in a calendar year for each Fair Work Commission case.

Blood Donor Leave

47.5 A staff member who elects to donate blood will be granted paid leave for the period required for each attendance.

Ceremonial Leave

47.6 Aboriginal and Torres Strait Islander staff members will be entitled to up to a maximum of 5 days of paid leave per calendar year plus an additional period of up to a maximum of 10 days’ leave without pay per calendar year for the purpose of preparing for, or attending to, community organisation business, National Aboriginal and Islander Day Observance Committee week functions or other relevant cultural duties and events and/or fulfilling ceremonial obligations.

47.7 Such cultural duties and ceremonial obligations may be traditional or urban in nature and may include initiation, birthing and naming, funeral, smoking or cleansing and sacred site or land ceremonies.

47.8 Other than in exceptional circumstances supported by evidence submitted by the staff member and satisfactory to the University, approval of ceremonial leave is subject to application at least 14 days prior to the intended commencement of leave.

Compassionate Leave

47.9 A staff member (other than a casual staff member) whose family member dies or suffers a serious illness or injury that poses a threat to the life of the family member will be entitled to paid leave of up to three working days on each occasion.

47.10 A casual staff member whose family member dies or suffers a serious illness or injury that poses a threat to the life of the family member will be entitled to unpaid leave of up to three days on each occasion.

47.11 Additional paid leave may be granted due to special circumstances such as extensive travel.

47.12 For the purposes of clauses 47.9 and 47.10, a family member includes a stillborn child of the staff member.

Court Appearances Leave

47.13 A staff member who is subpoenaed to appear in court as a crown witness or who is subpoenaed to give evidence on matters directly related to their employment (which is deemed to include a staff member who is summoned as a witness in proceedings of the Fair Work Commission) will be entitled to paid leave for the period of such appearance.

47.14 A staff member who is required to appear in court in a capacity other than as specified in clause 47.13 will be entitled to leave without pay for the period of such appearance.

Defence Force Reserves Leave

47.15 A staff member who is an Australian Defence Force Reservist will be entitled to:

(a) paid leave for the purpose of attending an annual training camp conducted by or on behalf of the Australian Defence Forces of 14 calendar days’ duration or, where the commanding officer of the relevant service unit certifies that such training exceeds 14 days, of up to 18 calendar days’ duration;

(b) paid leave for a period not exceeding 14 calendar days for the purpose of attending in any one calendar year not more than two schools, classes or courses of instruction conducted by or on behalf of the Australian Defence Forces, provided that the amount paid will be the amount the staff member would have received had the staff member remained on duty less any pay received by the staff member, including marriage and separation allowances, by reason of attendance at any such school, class or course.

Election Leave

47.16 A staff member standing as a candidate for election to Federal or State government will be entitled to unpaid leave not exceeding the election period.

Family Violence Leave

47.17 Leave available to staff experiencing family violence is as provided at clause 54 of this Agreement.

Firefighting and Emergency Assistance Leave

47.18 A staff member who is a member of any voluntary organisation and who has responded to a request by the government or other competent authority to assist in firefighting or other forms of emergency assistance will be entitled to paid leave for the duration of the participation by the staff member in operations, provided that the services of the staff member are actually required by the government or other competent authority concerned.

47.19 A staff member granted leave under clause 47.18 will be entitled to a further one day’s paid leave on the completion of the service for the purpose of recovering from such participation.

Isolation Leave

47.20 A staff member who contracts an infectious disease classified as notifiable to the Victorian Department of Health or who is required by a medical practitioner to remain in isolation by reason of contact with a person suffering from a notifiable infectious disease, will be granted paid isolation leave for the period that the staff member is required to be absent and will not have such leave deducted from sick leave credits.

Jury Service Leave

47.21 A continuing or fixed-term staff member who is required to attend a court for the purpose of jury service will be entitled to paid leave for the duration of such attendance. Any jury service entitlement for casual staff will be in accordance with the Juries Act 2000 (Vic).

47.22 If required for jury service whilst on annual leave or long service leave, no deduction will be made from a staff member’s annual or long service leave credits for any jury service attendance.

Professional Staff Study Leave

47.23 A professional staff member holding a fractional appointment of 0.5 or more is entitled to four paid hours per week study leave for attendance at an approved course of study (including examinations) that is relevant to the University and the staff member.

Religious Purposes Leave

47.24 A staff member will be entitled to leave without pay of up to three working days in any calendar year for the purpose of observance of religious occasions provided that satisfactory evidence, such as a statutory declaration, is submitted to the staff member's supervisor in support of a claim for such leave.

Relocation Leave

47.25 A staff member is entitled to two days’ paid leave if required to remove household goods to a relocated residence due to a direction by the University to perform all or the major part of their duties at a place other than the staff member's previous place of work.

Repatriation Leave

47.26 A staff member will be entitled to be granted repatriation leave for illness due to disabilities certified by the Department of Veterans Affairs as having directly resulted from war service. Such paid leave will be granted for up to 15 days during each year of service and will not be deducted from sick leave credits. Such leave will accumulate if not taken provided that the total of the accumulated leave will not, at any time, exceed 100 days.

Special Leave for Additional Purposes

47.27 A staff member may be entitled to paid or unpaid leave for circumstances unspecified in this Part, or to additional paid or unpaid leave in excess of that specified in this Part, at the total discretion of the University.

Sporting Leave

47.28 A staff member participating as a competitor or officiating as an accredited official in a sport event will be entitled to:

(a) up to four weeks’ paid leave for Olympic, Commonwealth or Pacific Conference games; and

(b) up to four weeks’ unpaid leave for all other events in any calendar year.

47.29 Approval of sporting leave is subject to application at least 14 days prior to the intended commencement of leave.

Workplace Relations Training Leave

47.30 A staff member is entitled to a maximum of 10 days’ paid leave in any two consecutive years to attend a course or courses which contribute to a better understanding of workplace relations.

47.31 Where a staff member’s application for Workplace Relations Training Leave is not approved, the staff member may appeal to their Dean or Divisional Director as appropriate.

48. UNIVERSITY HOLIDAYS

48.1 Unless substituted in accordance with this Agreement or under the Fair Work Act 2009 , all staff members will be entitled to the following holidays without loss of pay:

(a) New Year’s Day, Australia Day, Anzac Day, Good Friday, Easter Saturday, Easter Monday, Easter Tuesday, Christmas Day, Boxing Day, and the King’s Birthday (on the day on which it is celebrated in Victoria or a region of Victoria);

(b) Holidays declared or prescribed by, or under a law of Victoria;

(c) Such holidays as the Vice-Chancellor may declare as University holidays.

48.2 The University and a staff member may agree to substitute another day for a day that would otherwise be a holiday.

48.3 The University and a staff member may agree to substitute another part-day for a part-day that would otherwise be a part-day holiday.

48.4 Where a public holiday recognised by the University occurs on a rostered day off the University may grant an additional day’s pay or leave to be taken at a mutually agreed time.

48.5 No deduction will be made from annual, sick or long service leave credits for holidays observed by the University which occur during a period of leave.

48.6 Staff working overseas will be provided holidays in accordance with the relevant foreign country's official public holidays without loss of pay. Staff working overseas will not be entitled to holidays under clause 48.1. If the number of public holidays in the relevant foreign country is less than the number of holidays in clause 48.1, the shortfall shall be added to the staff member's annual leave accrual. Staff whose employment is located outside Victoria but within Australia will be entitled to public holidays in accordance with the NES only. If the number of public holidays in accordance with the NES is less than the number of holidays in clause 48.1, the shortfall shall be added to the annual leave accrual for a staff member whose employment is located outside Victoria but within Australia.

48.7 During a period of unpaid leave including for proceedings in the Fair Work Commission, participation in sporting events, standing for elections, or accompanying a partner overseas, the staff member has no access to University holidays.

49. CHRISTMAS/NEW YEAR CLOSEDOWN ARRANGEMENTS

49.1 Without limiting any substitution permitted by the Fair Work Act 2009 , the provisions of this clause 49 apply on the basis that the University operates on Labour Day, King’s Birthday, and Melbourne Cup Day and all staff are ordinarily required to work as normal on those days (but applications for annual leave on any of those days by a staff member will ordinarily be approved). For the avoidance of doubt, holiday penalty rates set out in clause 83.9 do not apply to work performed on Labour Day, King’s Birthday, and Melbourne Cup Day, noting the benefits that may be provided in this clause 49.

49.2 The period of each Christmas/New Year closedown will comprise Christmas Day, Boxing Day, New Year’s Day and a further five days to be declared by the Vice-Chancellor. The five days declared by the Vice-Chancellor will be the days falling between Christmas Day and New Year’s Day (excluding any Saturday or Sunday or public holiday). In the event that there is a shortfall of such days available between Christmas Day and New Year’s Day, the day(s) (excluding any Saturday or Sunday or public holiday) immediately before Christmas Day and/or immediately following New Year’s Day will be declared for the remainder.

49.3 Unless required to work by the University, staff will be absent from duty for the duration of the Christmas/New Year closedown period. Work performed by a professional staff member on any of the five days declared by the Vice-Chancellor in addition to Christmas Day, Boxing Day, and New Year’s Day will be paid the applicable holiday penalty rate as provided at clause 83.9.

49.4 Staff who work Labour Day, King’s Birthday, and/or Melbourne Cup Day (other than casual professional and sessional staff) will accrue paid time off at the rate of one and two-thirds days for each day worked. Such paid time off will be used to cover the absence from duty of a staff member during the five days of the closedown period declared by the Vice-Chancellor in addition to Christmas Day, Boxing Day, and New Year’s Day. Provided that a staff member who leaves the employ of the University prior to the commencement of the closedown period will receive payment in lieu at the rate of one and one-third days’ pay for each one and two- thirds days of accrued time off.

49.5 Where a staff member has accrued insufficient paid time off for working Labour Day, King’s Birthday, and/or Melbourne Cup Day to cover their absence from duty during the five days of the closedown period declared by the Vice-Chancellor in addition to Christmas Day, Boxing Day, and New Year’s Day, the staff member will be debited annual leave to cover the shortfall unless otherwise agreed between the staff member and the University. In the event that the staff member has insufficient annual leave to cover the shortfall and annual leave in advance is not granted under clause 42.3, the staff member will be granted leave without pay to cover the remainder of the shortfall.

49.6 Where the paid time off accrued by the staff member for working Labour Day, King’s Birthday, and/or Melbourne Cup Day more than covers their absence from duty during the five days of the closedown period declared by the Vice-Chancellor in addition to Christmas Day, Boxing Day, and New Year’s Day, the balance of the staff member’s accrued time off remaining after the end of the closedown period will be taken before the commencement of the next closedown period at a time agreed between the staff member and their supervisor. Any balance of accrued time off remaining to the staff member either at the commencement of the next closedown period or at the termination of their employment, whichever is the earlier, will be foregone and the University will have no liability to make any payment in lieu.

50. LEAVE OR MAKE-UP PAY TO INCAPACITATED STAFF MEMBERS

50.1 A staff member who suffers injury causing partial or total incapacity for work and who receives compensation pursuant to the Workers Compensation Act 1958 , the Accident Compensation Act 1985 , and/or the Workplace Injury Rehabilitation and Compensation Act 2013 will be granted make-up pay or leave for a maximum continuous or aggregate period of 52 weeks in respect of any one injury as follows:

Total injury - Leave at a rate of pay equal to the difference between the rate of pay payable if the staff member had continued to perform the duties being performed immediately preceding the occurrence of the injury and the amount of weekly compensation received by the staff member

Partial injury - Make-up pay by the University equal to the difference between the rate of pay payable if the staff member had continued to perform the duties being performed immediately preceding the occurrence of the injury and the sum of the amount of weekly compensation received by the staff member and the weekly amount the staff member is earning in the employment (whether with the University or another employer) in which the staff member is employed by reason of such partial incapacity.

Provided that the "rate of pay payable" herein will exclude any payment for overtime or travelling allowance or incidental expenses or any payment of a temporary character in the nature of a reimbursement of expenditure incurred.

50.2 A staff member who suffers partial injury and can obtain suitable employment only with an employer other than the University will continue to be paid make-up pay by the University on condition that the staff member furnishes evidence to the University's satisfaction of the rate of weekly compensation and the rate of actual earnings they are receiving from the other employer. Provided that there will be no entitlement to continued payment of make-up pay where the staff member was employed on a fixed-term contract by the University and the term of the contract expires.

50.3 Where a staff member attempts a graduated return to work, that fraction of the week that the staff member is performing duties will not be counted in the aggregate period of incapacitation leave provided for in this clause.

50.4 Where a staff member receiving or who has received make-up pay has made a civil claim for damages in connection with the injury to which such make-up pay relates they will advise the University in writing and will, if required by the University, authorise it to obtain such information as is reasonably required regarding the progress of such claim from the staff member's solicitors.

50.5 Where a staff member who has received make-up pay recovers damages from the University or another pursuant either to a judgment or settlement, which includes damages for loss of income in respect of the injury for which the staff member has received make-up pay, they will repay to the University such make-up pay as they have received from the University. Where the damages are recovered under a judgment and have been reduced for the contributory negligence of the staff member, the staff member will repay such amount of make- up pay as they have received from the University as is pro rata to the damages recovered having regard to  such contributory negligence.

50.6 A staff member who is granted sick leave in respect of a workplace injury and who subsequently receives compensation in respect of such incapacity pursuant to the Workers Compensation Act 1958 , the Accident Compensation Act 1985 , and/or the Workplace Injury Rehabilitation and Compensation Act 2013 will have restored to their credit sick leave equal to the value of the sick leave taken in respect of their incapacity.

50.7 A staff member who applies for leave under this clause may upon application be granted sick leave up to a maximum of the staff member's sick leave credits to cover such absence, provided however that no staff member will be concurrently entitled to sick leave and leave pursuant to this clause.

50.8 Sick leave granted will be paid at a weekly rate not exceeding the sum of the following:

(a) The weekly value of the workers' compensation payment to which the staff member may become entitled;

(b) The weekly payment for which the staff member will be eligible if granted leave pursuant to this clause.

If sick leave is granted for a period and the staff member is subsequently granted leave pursuant to this clause for the same period or part thereof on account of the same injury, sick leave will be restored to the staff member's credit equal to the period of overlap.

51. OCCUPATIONAL WELFARE

51.1 This clause deals with circumstances of seriously inappropriate behaviour, which might otherwise be the subject of disciplinary action or ill-health retirement under clauses 60, 62 or 63, but where neither of these may be appropriate because the problem appears to be only temporary, or inappropriate behaviour appears to have some acute psychological or medical cause.

51.2 Where, in the opinion of the University and/or the staff member, any of the following (or similar factors) is adversely affecting the staff member's work performance

• stress, including personal or relationship problems;
• health concerns;

the staff member may make application for, or the University may request that the staff member take, leave with pay or without pay to undertake an approved rehabilitation or counselling or treatment program.

51.3 In determining whether leave is to be granted, the University may take into account the amount of accrued leave available to the staff member.

51.4 Where leave has been granted, failure to undertake such an approved rehabilitation or counselling program or completion of the approved rehabilitation or counselling program without resolution of the seriously inappropriate behaviour, may result in the University seeking recourse to relevant provisions of this Agreement as an alternative remedy to the situation.

51.5 Where the staff member refuses a request to take leave, the University may direct the staff member to attend an interview during normal working time with a properly qualified member of the University Counselling Service who may, on the basis of a report from the University and that interview (or such further interview as the Counsellor may consider necessary) refer the staff member for assessment for such rehabilitation, treatment or counselling as the Counsellor considers may be appropriate. Pending such interviews and/or assessments, the University may direct the staff member not to perform their normal duties . Should the staff member refuse to attend such interviews or assessments, the University may direct that the staff member take sick leave until either 14 days have elapsed or until the staff member undertakes the interviews or recommended assessment. If at the end of the 14 days, the staff member still refuses the required interview or any recommended assessment, the University may have recourse to relevant provisions of this Agreement, as an alternative remedy to the situation and may rely on the refusal for the purposes of, and as evidence in relation to, those other provisions.

51.6 Nothing in this clause will be taken as affecting the operation of any workers’ compensation scheme.

52. OCCUPATIONAL HEALTH AND SAFETY

Monash University OHS Committee

52.1 The parties recognise that minimising risks to the health and safety of staff, including psychosocial hazards, is a legal responsibility of the University and of staff and that the legal framework for best achieving this is a consultative one. Accordingly, the University  shall invite the NTEU to nominate someone to attend each meeting of the Monash University OHS Committee.

The University will include psychosocial incidents or psychosocial complaints, including the causes of the incidents or complaints, in its statistical reporting to the Monash University OHS Committee including the Faculty or Division in which the incident or complaint arose (unless this could lead to a breach of privacy).

52.2 The Monash University OHS Committee facilitates co-operation and consultation between the University’s management and staff on matters that may affect the health and safety of all staff of the University . The local area management will consult with the Health and Safety Representatives (HSRs) of the relevant designated work group (DWG) on matters that may affect the health and safety of staff of the DWG.

Health and Safety Representatives

52.3 All elected HSRs will be kept informed of the availability of relevant training and encouraged to participate in this training. In particular:

• those who have not previously undertaken the HSR initial five-day OHS training course will be encouraged to do so as soon as possible after being elected; and
• all HSRs will be encouraged to undertake one HSR refresher OHS training course in each subsequent year that they hold office.

Advice will be provided to the Manager, Health, Safety and Wellbeing of participation in training by HSRs, and the University will maintain a record of the training undertaken by HSRs.

52.4 All HSRs will be encouraged to attend Designated Work Group OHS meetings and University Safety Briefings and Updates, and such attendance will be treated as paid work time.

53. FITNESS FOR WORK

53.1 Where the University has a reasonable concern about a staff member’s health and wellbeing or fitness for work, to the extent that the staff member’s presence or continued presence at work constitutes an imminent risk of harm or injury to themselves or others, or may seriously disrupt University operations, the University may direct that staff member to either not attend or to leave the workplace.

53.2 In circumstances set out above, a staff member will be paid for the day they are directed not to attend or leave the workplace.

53.3 The University may require the staff member to provide a statement from their treating medical practitioner(s) containing the opinion of the treating medical practitioner(s) as to the capacity of the staff member to return to work, prior to the staff member being permitted to return to work. In such circumstances all days absent (with the exception of the day the University initially directed the staff member to not attend or leave the workplace) will be in accordance with the applicable paid or unpaid sick leave provisions of this Agreement.

53.4 Where the University has a genuine and well-founded concern that a staff member is not able to perform the inherent requirements of their position safely, and where it is reasonable to do so, the University may request the staff member to undertake an independent medical examination and to complete any relevant authorisations, the sole purpose of which is to ensure provision of medical reports to the staff member and to the University.

Upon the staff member indicating they will comply with the request to attend an independent medical examination the staff member will be put on special paid leave up until the date that the independent medical examiner advises whether or not the staff member is or was unfit to perform the inherent requirements of their position. If the University is not satisfied that the staff member is reasonably endeavouring to undertake an independent medical examination in a timely way the University will withdraw its approval of special paid leave and the staff member will be invited to apply to take paid sick leave or otherwise be placed on special unpaid leave.

Where the assessment of the independent medical examiner is that the staff member is unfit to perform the inherent requirements of their position, prospective days absent will then be on sick leave.

Where the assessment of the independent medical examiner is that the staff member was unfit to perform the inherent requirements of their position at any time during the period of special paid leave, the special paid leave already taken while the staff member was unfit to perform the inherent requirements of their position will be reversed and sick leave substituted in lieu thereof.

Sick leave on days absent will be paid sick leave except where the staff member has already exhausted their accrued entitlement. Where the staff member has already exhausted their accrued paid sick leave entitlement, unpaid special leave will be substituted in lieu, unless the staff member elects to substitute accrued annual and/or long service leave in lieu.

53.5 The scope of independent medical examinations commissioned under this clause is solely to test whether the staff member is able to safely perform the inherent requirements of their position. The inherent requirements of their position will be established by use of the position description documentation which accurately reflects the currently required work of the position.

53.6 Prior to commissioning of an independent medical examination, the following information will be provided to the staff member:

(a) the basis on which the independent medical examination is sought;

(b) the questions the independent medical examiner will be asked to address; and

(c) any supporting information being provided to the independent medical examiner.

The staff member and their Representative, if any, will be given an opportunity to consult with the University about the information to be provided under paragraphs (a), (b), and (c) and about the selection of the independent medical examiner to be engaged, prior to taking steps to initiate an independent medical examination with that independent medical examiner.

53.7 The staff member will be provided a copy of the independent medical examination report. The report will only be used by the University to obtain the expert opinion of the independent medical examiner on the concerns described in clause 53.1 that initiate the application of this clause and to address the matters identified in the report. The University will maintain confidentiality regarding the report and associated papers.

53.8 Based on the report(s) received, the reasonable adjustment provisions of anti-discrimination legislation shall be considered by the University and the staff member for their applicability in these circumstances.

53.9 The cost of any independent medical examination commissioned under this clause will be paid by the University upon release of the medical report(s) to the University.

54. FAMILY VIOLENCE

54.1 The University recognises that staff members may sometimes experience situations of violence or abuse in their personal life constituting family violence that may affect their attendance or performance at work.

The University accepts the definition of family violence as provided by the Family Violence Protection Act 2008 (Vic) and recognises that it includes physical, sexual, financial, verbal or emotional abuse by a family/household member.

54.2 The University may offer staff members (including casual and sessional staff) experiencing family violence including dealing with its consequences a broad range of support. This includes where appropriate:

(a) access to paid family violence leave for absences due to family violence experienced by the staff member;

(b) access to accrued leave for absences due to family violence experienced by the staff member, including access to accrued sick leave without the requirement for the staff member to be ill or injured;

(c) flexible working arrangements, including changes to working times consistent with the needs of the work unit; and

(d) changing work location, telephone number or email address.

Paid family violence leave to casual and sessional staff will be limited to long term casuals (as defined) and will be for absences due to family violence experienced by the staff member where they would otherwise have been attending work but for the family violence.

54.3 The University will designate family violence contact officers to assist staff experiencing family violence, and they will receive appropriate training for that role. Where a staff member experiencing family violence requests the University’s support, the staff member may elect to submit that request to either the University’s designated family violence contact officer(s), an HR Business Partner or the staff member’s supervisor.

Approval of such request will be subject to endorsement by the Chief People Officer (or their nominated delegate), and the quantum of any paid family violence leave will be determined by the situation of the individual staff member through consultation between the staff member and either the University’s designated family violence contact officer(s), an HR Business Partner or the staff member’s supervisor.

Where a staff member has previously taken annual leave, sick leave, or long service leave for absences due to family violence experienced by the staff member and/or dealing with its consequences, they may apply to have paid family violence leave substituted for such annual leave, sick leave, or long service leave. Subject to the provision of satisfactory evidence of the family violence experienced by the staff member causing the absence, paid family violence leave will be substituted and the annual leave, sick leave, or long service leave will be reversed and recredited to the staff member.

54.4 For the purposes of the approval of a request for support from a staff member experiencing family violence, the Chief People Officer (or their nominated delegate) may require the provision of relevant documentary evidence satisfactory to the University of family violence. This may include a document issued by police, a court, a medical practitioner, a district or maternal and child health care nurse, a family violence support service, a counsellor, a designated family violence contact officer, or a lawyer or a statutory declaration of the staff member.

55. ENVIRONMENTAL SUSTAINABILITY

55.1 The parties are committed to improving the sustainability performance of the University through promoting a culture of sustainability, ensuring that the operations are managed in a manner that minimises the University’s environmental and social impacts and through enabling the integration of sustainability principles and practices into teaching and learning, research and community engagement of the University.

61. GENERAL MATTERS

61.1 Set out in this clause and clauses 62-65 are the procedures that will be applied where the University considers the performance of a staff member to be unsatisfactory, or in circumstances where allegations of Misconduct or Serious Misconduct are made against a staff member, or in circumstances regarding a breach of the Research Code. This clause and clauses 62-64 apply to continuing and fixed-term staff members only (other than during any period of probationary employment).

61.2 A staff member may be assisted by a Representative at any stage throughout these procedures.

61.3 Procedural fairness and natural justice must be applied to all processes carried out under this clause.

61.4 In these procedures a reference to the "Provost/Chief Operating Officer" refers to the Provost in respect of academic staff and the Chief Operating Officer in respect of professional staff.

61.5 The parties acknowledge that conduct of a staff member may involve either or both Unsatisfactory Performance and Misconduct/Serious Misconduct and it is agreed that matters that could be characterised as either Misconduct/Serious Misconduct or Unsatisfactory Performance may be progressed by the University in good faith under either clause 62 or 63 below.

Definitions

61.6 For the purpose of interpreting clauses 62-64:

(a) "Disciplinary action" means one or more of the following:

(i) counselling, formal censure or written warning;
(ii) withholding of an increment;
(iii) demotion by one or more classifications or increments;
(iv) transfer to another position with pay appropriate to that position;
(v) suspension with or without pay; and/or
(vi) termination of employment.

Disciplinary action for Misconduct shall be as set out in clause 61.6(a)(i)-(v).

(b) "Misconduct" means conduct that is not Serious Misconduct but is nevertheless unacceptable.

(c) "Senior Manager" means a manager who provides line management of the supervisor, at a level no lower than Head of School, Director or equivalent.

(d) "Serious Misconduct" means:

(i) serious misbehaviour of a kind that constitutes a serious impediment to the staff member, or the staff member’s colleagues, carrying out their duties;
(ii) serious dereliction of the duties required of the staff member in their position;
(iii) conviction by a court for an offence that constitutes a serious impediment of the kind referred to in (i) above;
(iv) conduct that causes serious and imminent risk to the health or safety of a person;
(v) serious misconduct within the ordinary meaning of serious misconduct at common law, which may include theft or fraud, assault, being intoxicated at work, or refusal to carry out a lawful and reasonable instruction; and/or
(vi) persistent misconduct or wilful and repeated incidents of misconduct.

(e) "Unsatisfactory Performance" means a persistent or significant failure of a staff member to perform the work of the position or appointment at a level which would be reasonably required having regard to:

(i) the nature and purpose of the position;
(ii) its classification and duties; and
(iii) any representations made by the staff member at the time of selection for employment or promotion to their current level or position.
(f) "Termination of Employment" means termination of employment at the initiative of the University.

62. UNSATISFACTORY PERFORMANCE

62.1 If the University is of the view that the staff member’s performance is unsatisfactory, the staff member may be counselled in accordance with the following counselling requirements:

(a) the supervisor shall first counsel the staff member on the nature of the improvement required; and

(b) the expectations of improvement and the timeframe within which the improvement should occur will be reasonable; and

(c) a note shall be kept of the counselling given and a copy supplied to the staff member; and

(d) if the supervisor considers appropriate, the staff member will be directed to appropriate professional development to assist in improving performance.

In the event that the matter is resolved to the satisfaction of the University following the counselling process, the notes of the counselling will not be put on the staff member’s personal HR file and the fact that counselling occurred will not be relied on as a basis for any future disciplinary action against the staff member.

If the above counselling process has not led to improvement in performance to the required standard, the University may either proceed directly to clause 62.2 or, where the University considers it appropriate in the circumstances, issue the staff member with a written warning. Any written warning issued will specify the further time within which the improvement in performance to the required standard is to be achieved. Where that written warning is issued and the improvement in performance to the required standard is not achieved by the staff member within the further time specified, the University may then proceed to clause 62.2.

62.2 Where the action taken in clause 62.1 has not led to improvement in performance to the required standard, further disciplinary action may be taken against the staff member. If further disciplinary action is proposed to be taken, the staff member will be advised in writing of the Unsatisfactory Performance, including details of any relevant facts and documentation.

62.3 The staff member will be given not less than ten (10) working days to make a written submission in relation to the Unsatisfactory Performance raised under clause 62.2.

62.4 The staff member’s response including any relevant material will be considered by the Senior Manager, in conjunction with the Director, Workplace Relations, and a report will be made which details the Unsatisfactory Performance and staff member’s response. A copy of the report shall also be provided to the staff member.

Decision

62.5 The Provost/Chief Operating Officer, will consider the report and make a decision about what, if any, disciplinary action should be taken against the staff member. The Provost/Chief Operating Officer may seek additional information if they consider it necessary.

62.6 The staff member will be notified in writing of any decision to take disciplinary action against them, including the reasons relied on in making the decision.

62.7 If the disciplinary action notified under clause 62.6 is termination or demotion, that decision will take effect at the end of ten (10) working days after notification or, if the staff member seeks a review in accordance with clause 64 and the original decision is confirmed under clause 64, will take effect in accordance with clauses 64.9 or 64.10 (as applicable) at that time.

63. MISCONDUCT AND SERIOUS MISCONDUCT

63.1 Where a matter arises that includes conduct that could be the subject of allegations of misconduct and/or serious misconduct the University may decide whether it is appropriate for the matter to be:

(a) discussed between the staff member and their supervisor to determine whether it can be addressed through guidance, counselling or other appropriate action in the first instance; or

(b) the subject of formal allegations in accordance with clause 63.2.

63.2 Where any initial discussion does not resolve the matter or the University considers informal discussion is inappropriate due to the serious nature of the allegation(s) of misconduct or serious misconduct being made, the staff member will be:

(a) advised in writing of the alleged misconduct or serious misconduct, including details of the allegations and whether they are considered to be serious misconduct; and

(b) given not less than ten (10) working days to make written submissions, in relation to the allegations.

63.3 If at any stage during the procedures the University finds that the details of the allegations should be amended or new details added, the staff member must be advised of this in writing and be given a further reasonable opportunity to provide a response prior to any further steps being taken by the University.

Suspension

63.4 Where an allegation of Serious Misconduct has been made against a staff member, the Provost/Chief Operating Officer may, at any stage during the procedures under this clause, suspend the staff member, either with or without pay, until the conclusion of the matter provided that:

(a) with the approval of the Provost/Chief Operating Officer, the staff member may draw on any accrued entitlement to annual leave or long service leave for the duration of the suspension without pay;

(b) the Provost/Chief Operating Officer may at any time direct that salary be paid, in part or in full, on the grounds of hardship for the period of the suspension or a part period;

(c) the Provost/Chief Operating Officer may at any time reconsider the issue of the suspension of the staff member.

63.5 While suspended, the staff member will be excluded from the University or any identified parts of the University, but will be permitted reasonable access to the University to prepare their case and to collect personal property. The staff member may request reasonable access to the University’s electronic systems to prepare their case.

Decision

63.6 The Provost/Chief Operating Officer will consider the allegation(s) and the staff member’s response.

63.7 The Provost/Chief Operating Officer may seek additional information prior to making their decision if it is considered necessary.

63.8 The Provost/Chief Operating Officer may determine that allegation(s) of Serious Misconduct amount only to Misconduct.

63.9 The Provost/Chief Operating Officer will advise the staff member in writing of their decision as to whether there was Misconduct and/or Serious Misconduct, including the reasons relied on in making the decision. If there was Misconduct and/or Serious Misconduct, the Provost/Chief Operating Officer will notify the staff member of their decision, any disciplinary action (consistent with the provisions of clause 61.6 (a)) and of the operative date of that disciplinary action.

63.10 If the disciplinary action notified under clause 63.9 is termination or demotion:

(a) that decision will take effect at the end of ten (10) working days after notification or, if the staff member seeks a review in accordance with clause 64 and the original decision is confirmed under clause 64, will take effect in accordance with clauses 64.9 or 64.10 (as applicable) at that time;

(b) if the staff member was suspended under clause 63.4, then subject to that clause, the suspension will continue pending the decision taking effect or, if a review is sought under clause 64, the conclusion of that review.

63.11 If the Provost/Chief Operating Officer determines that no disciplinary action will be taken and the staff member has been suspended under clause 63.4, the staff member will be reinstated at no loss of salary or conditions.

63.12 Notwithstanding the provisions of this clause, the employment of any professional staff member may be terminated without notice of termination of employment by the University for serious and wilful misconduct.

64. REVIEW OF DECISION – TERMINATION OF EMPLOYMENT OR DEMOTION

64.1 Where the Provost/Chief Operating Officer informs a staff member, pursuant to clause 62.6 or by notification under clause 63.9, that the disciplinary action to be taken against the staff member is termination of employment or demotion, the staff member is entitled to apply to the Vice-Chancellor for a review of the decision to terminate or demote on the grounds of:

(a) new information not previously available to the staff member;

(b) lack of procedural fairness; and/or

(c) the disciplinary action being a disproportionate penalty in the circumstances.

64.2 A staff member who intends to apply for a review of a decision pursuant to clause 64.1 must:

(a) notify the University that they are applying within five working days at which time they must indicate if they wish the review to be conducted in accordance with clause 64.15; and

(b) submit the application for review within 10 working days of being notified of the decision to terminate or demote.

64.3 The application for review must:

(a) be made to the Vice-Chancellor; and

(b) contain all relevant documentation relied upon by the staff member.

Failure to apply within the timeframe set out in this clause, or applying without providing reason(s) for the review, will prevent a review from being undertaken and the decision of the Provost/Chief Operating Officer will take effect at the end of 10 working days after the notification of the decision to the staff member.

64.4 The staff member is entitled to a Representative to assist them at any point during the review process.

64.5 Subject to clause 64.6, the Independent Reviewer or an Independent Review Panel, as applicable will conduct a review on the papers.

64.6 During the review process, the Independent Reviewer or Independent Review Panel, as applicable, may at their discretion make any inquiries they consider necessary.

64.7 At the conclusion of their inquiries, the Independent Reviewer or the Independent Review Panel, as applicable, will issue a written report, containing recommendations, to the Vice-Chancellor and the staff member who applied for the review.

64.8 Upon consideration of the recommendations, the Vice-Chancellor will make a determination on the review and communicate their decision to the staff member and the Provost/Chief Operating Officer. The Vice-Chancellor may seek additional information if the Vice-Chancellor considers that this is necessary.

64.9 If the Vice-Chancellor confirms a decision of the Provost/Chief Operating Officer to terminate the staff member’s employment, any period of notice of termination of employment or payment in lieu of notice of termination of employment (where applicable) will apply from 10 working days after the original decision had been notified to the staff member under clause 62.6 or 63.9.

Alternatively, if the Vice-Chancellor reverses the decision of the Provost/Chief Operating Officer, the staff member’s employment will be treated as continuous from the date of the decision of the Provost/Chief Operating Officer to terminate employment.

64.10 If the Vice-Chancellor confirms a decision of the Provost/Chief Operating Officer to demote the staff member, the demotion will be taken to have effect 10 working days after the original decision had been notified to the staff member under clause 62.6 or 63.9 and remuneration will be adjusted accordingly.

Alternatively, if the Vice-Chancellor reverses the decision of the Provost/Chief Operating Officer, the staff member’s classification will be treated as unchanged from the date of the decision of the Provost/Chief Operating Officer to demote.

64.11 These provisions shall not limit any rights of appeal under the Act.

Independent Reviewer

64.12 The Independent Reviewer is a person, appropriate to the circumstances, appointed in accordance with clause 12 of this Agreement. The Independent Reviewer will not be a staff member of the University.

64.13 The Independent Reviewer is not bound to act in a formal manner and is not bound by any rules of evidence, technicalities or legal form. The Independent Reviewer may inform themself on any matter, in such manner as they consider fair and reasonable.

64.14 The Independent Reviewer must act fairly and impartially.

Independent Review Panel

64.15 Where requested by the staff member, the review will be conducted by an Independent Review Panel made up of:

(a) the Independent Reviewer (Chair);

(b) a nominee of the President of the Monash University NTEU Branch; and

(c) a nominee of the University,

and both nominees will be staff members of the University.

64.16 Where the staff member elects for an Independent Review Panel to be formed, the Panel will have the same rights and obligations as an Independent Reviewer, and will carry out the review in accordance with the process outlined at clauses 64.5-64.14.

65. BREACHES OF THE RESEARCH CODE

65.1 Any breaches or serious breaches of the Australian Code for the Responsible Conduct of Research, 2018 (Research Code) should be dealt with in accordance with the Research Code, any associated Guidelines issued by the NHMRC/ARC and the University procedure as referred to in clause 65.2 and in accordance with the provisions of this Agreement as required by clause 65.3.

65.2 The University will maintain and publish on its intranet a procedure for the assessment and investigation of breaches or serious breaches of the Research Code (Responsible Conduct of Research: Procedure for Investigating Code Breaches) that is consistent with and meets the requirements of the Research Code and any associated Guidelines issued by the NHMRC/ARC.

65.3 In any case where a specialist investigation panel (RM Panel) convened under the Responsible Conduct of Research: Procedure for Investigating Code Breaches makes and reports any findings of fact in relation to particular allegations of Research Code breaches, and the substance of those allegations subsequently forms the basis of allegations of misconduct/serious misconduct dealt with under clause 63 of this Agreement, then the Provost/Chief Operating Officer acting under clause 63 or any Independent Reviewer/Independent Review Panel formed for the purposes of clause 64, may adopt and act upon those findings of fact without the need to re-put those allegations or make further inquiries.

65.4 This only relates to the findings of fact and does not prevent the relevant decision maker/Reviewer from inquiring into any other relevant matters, such as matters in mitigation or evidence that was not relevant to the RM Panel but is relevant to any decision about whether conduct amounts to misconduct or serious misconduct. Nor does it deprive the staff member of their rights under clauses 63 and 64 to be heard about such other relevant matters and about whether the findings of fact are sufficient to justify a finding of misconduct/serious misconduct.

66. EMPLOYMENT RELATED GRIEVANCE RESOLUTION PROCEDURE

66.1 The University will maintain a fair process to resolve the employment grievances of individual staff. In doing so, the University seeks to achieve and maintain a workplace that encourages a productive and harmonious working environment through:

(a) Frequent discussion between staff and managers of the University;

(b) Co-operation between and amongst staff of the University;

(c) A reduction in misunderstandings; and

(d) The opportunity for the satisfactory resolution of problems and grievances in a positive and constructive manner.

66.2 The following matters are expressly excluded from the operation of these grievance procedures:

(a) where the application for review was made more than one year after the last incident capable of forming the subject matter of the complaint;

(b) where the affected staff member has previously applied for review of the same action under these provisions;

(c) where there are alternative internal review procedures available to address the grievance, in which case the Director, Workplace Relations will advise the aggrieved staff member of the alternative procedures available;

(d) where the grievance concerns disciplinary action, appointment, probation, classification or promotion, sexual harassment or discrimination, and/or action arising under the Accident Compensation Act 1985 and/or the Workplace Injury Rehabilitation and Compensation Act 2013 ; and/or

(e) any decision or failure to make a decision on any matter arising under clause 22 – Continuing (Contingent Funded) Employment.

Grievance Resolution

66.3 It is expected that in most situations the staff member will first discuss the grievance with their supervisor. A staff member may contact a Representative at any stage of the grievance procedure for advice on how to deal with the grievance.

66.4 Where the aggrieved staff member discusses the matter with their supervisor, all reasonable attempts to resolve the issue must be made as soon as practicable and normally within five working days. Where the grievance relates directly to the supervisor, the staff member may approach in the first place the supervisor’s line manager.

66.5 If the matter is not resolved to the satisfaction of the aggrieved staff member within five working days following the initiation of discussions under clause 66.4, the staff member may request a meeting with the relevant organisational head as appropriate, and any person(s) directly involved. This meeting will normally be held within five working days of the request.

66.6 If the grievance has still not been resolved to the satisfaction of the aggrieved staff member, within 10 working days of the request for a meeting with the relevant organisational head the matter will be referred by the aggrieved staff member to the Director, Workplace Relations for advice on the next stage of the procedure and other options available to the staff member.

66.7 If after a further period of 10 days, the grievance has still not been resolved following notification to the Director, Workplace Relations the aggrieved staff member may refer the matter to the Disputes Committee in accordance with clause 13.2.

67. WORKPLACE BULLYING

67.1 Workplace bullying is repeated unreasonable behaviour directed towards another person in the workplace that creates a risk to health and safety. The University is committed to ensuring, as far as is reasonably practicable, that such behaviour does not occur. Early reporting of concerns is encouraged and staff will co-operate with the University and comply with all reasonable directions of the University directed at preventing or responding to or minimising the risk of workplace bullying.

67.2 Bullying does not include any legitimate or reasonable use of performance management processes, lawfully based and fairly applied disciplinary action, allocation of work in compliance with systems, implementation of organisational change or downsizing, action taken to transfer or redeploy a staff member or a decision not to promote or reclassify the staff member.

67.3 The University will maintain online information accessible to all staff members in relation to how it responds to workplace bullying, including where to seek advice, how to report an incident of bullying, how to make a formal complaint and the processes for resolution. Monash HR officers will continue to be appropriately trained and available for staff members about how to report an incident or make a complaint.

67.4 A staff member may consider first discussing the behaviour directly and informally with the person involved but they are not obliged to.

67.5 Complaints may be made by a single staff member, more than one staff member or a staff member who has witnessed an incident. 

67.6 The University recognises that resolving workplace bullying complaints is a time-sensitive issue and will be addressed as quickly as reasonably practicable. Where a formal complaint of bullying is made, and that complaint has not previously been dealt with or the substance of the complaint is not presently being dealt with under some other grievance or complaint process or procedure, then the University will:

(a) Apply this clause;

(b) Acknowledge receipt of the report within three working days, and undertake preliminary inquiries as soon as possible;

(c) Conduct the preliminary inquiries carefully, thoroughly and fairly; and

(d) Take reasonably practicable steps to secure the health and wellbeing of both the complainant(s) and the respondent(s) throughout the process of resolving the complaint.

67.7 Every formal complaint of bullying that is made to the University shall be treated as an OHS issue and statistically reported upon to the local OHS Committee and to the Monash University Occupational Health and Safety Committee (unless this could lead to a breach of privacy).

67.8 Where it is determined on the basis of preliminary inquiries that a formal investigation of the alleged bullying is required, that investigation will be commenced as soon as is reasonably practicable. The investigation will be undertaken by an appropriate person to investigate the complaint as determined by the Director, Workplace Relations. The investigator will be suitably qualified and impartial and will conduct the investigation without bias. If determined by the Director, Workplace Relations, the investigator may be external to the University.

If the complainant(s) identifies witnesses to the alleged bullying, those witnesses should be interviewed. The complainant(s) and the respondent(s) will be kept informed of the progress of the investigation, including expected timelines.

67.9 Upon completion of the investigation, the parties will be informed of the findings of the complaint. The University will maintain a record of the findings made in relation to complaints of workplace bullying.

67.10 Following the completion of the investigation, and based on its findings, the University will determine any further action to be taken. That action is to be undertaken promptly and may include but is not limited to:

• Commencement of disciplinary proceedings, in accordance with the terms of this Agreement;
• Directions to undertake relevant training;
• Changes to work practices or supervision lines; and/or
• Other resolution as determined by the University.

67.11 Mediation or a facilitated discussion may be considered as a way of resolving a bullying complaint, but only if the person(s) making the complaint agrees. A mediated or facilitated discussion may result in a number of outcomes, including a voluntary apology.

67.12 The respondent(s) to a complaint must not victimise or take any detrimental action in relation to the complainant(s) because of their complaint.

67.13 Vexatious complaints or complaints that are demonstrated to be knowingly false can be the subject of disciplinary action.

68. PROBATIONARY EMPLOYMENT PRINCIPLES - ACADEMIC STAFF

68.1 Subject to clause 68.4, all new academic staff appointments are subject to the following probationary periods and the principles in this clause will be notified to the staff member in the letter of offer of employment.

(a) Level A to D on either full-time or part-time continuing employment: five years’ service; or

(b) Level A to D on either full-time or part-time fixed-term contracts: five years’ service or 50% of the period of the fixed-term contract, whichever is the shorter. Provided that where a staff member’s fixed-term contract is succeeded by a continuing appointment and their aggregate of continuous service at that time is less than five years, the staff member will be required to continue or recommence probation until they have served an aggregate of five years’ continuous service.

68.2 Where the new staff member is clearly performing at a high level and is likely to sustain that level following a review of their performance in accordance with the Academic Performance Framework, the probation period may in exceptional cases be reduced to a minimum of one year from the date of appointment.

68.3 New academic staff appointed to academic level E will not ordinarily be subject to a period of probation . However, in a particular circumstance, the Vice-Chancellor may require a reasonable probationary period of not more than five years to be served that is directly related to the work to be carried out by the staff member.

68.4 Probation periods do not apply in cases of:

• transfer;
• secondment;
• pre-retirement contracts;
• second or subsequent fixed-term contracts unless the second or subsequent contract is for a position where the duties are substantially different; or
• contracts for a period of less than six months.

68.5 The duration of a staff member’s probationary period will be extended by any period of parental leave, unless the staff member requests that this not occur. However, where a staff member is engaged under a fixed-term contract, the probationary period will not be extended beyond the expiry date of the fixed-term contract unless the staff member’s employment continues beyond that date in the same position under a further fixed-term contract or a continuing appointment.

68.6 Upon or before commencement the staff member will be informed of the name of their designated academic supervisor, and the University will make clear to the staff member in writing the performance and development requirements that need to be met during the probationary period for the appointment to be confirmed.

68.7 Before the end of the staff member’s probationary period, the University may:

• confirm the appointment in accordance with the contract of employment; or
• terminate the appointment in accordance with clause 68.11 below.

68.8 During the probationary period regular reviews will be conducted in accordance with the procedures set out in this clause and the supervisor will endeavour to meet with the probationary staff member to review the latter’s work performance and provide feedback on at least two occasions per academic year. These reviews of the probationary staff member’s progress will be in accordance with the provisions at clause 74 – Performance Development. It is recognised that the supervisor plays an important role in providing guidance to the staff member to meet the University’s performance and development requirements throughout the probationary period.

Probationary staff will not be excluded from access to career development opportunities based on their probationary status, including professional development programs and the opportunity to apply for promotion.

68.9 A probationary staff member may apply for probation review prior to the formal probation review provided for at clause 68.10 below and after a minimum of 12 months’ continuous service. On the basis of the review the University will:

(a) confirm the appointment in accordance with the contract of employment; or

(b) continue the probation.

If the outcome of the review is that the University continues the probation, the University will make clear to the staff member in writing the performance and development requirements that need to be met during the remainder of the probationary period for the appointment to be confirmed.

68.10 A formal probation review is to be initiated after the expiry of:

(a) four years’ service for continuing appointments; or

(b) four-fifths of the probation period in the case of fixed-term probationary staff. On the basis of the review conducted under clause 68.10(a) or (b), the University will:

• confirm the appointment in accordance with the contract of employment; or
• terminate the employment in accordance with clause 68.11 below.

68.11 The employment of a probationary staff member who does not meet the goals and objectives of the position may be terminated by the giving of notice, or payment in lieu, during or upon completion of the probationary period. The period of notice required for termination will be one-sixth of the staff member’s initial probationary period up to a maximum of six months. Notwithstanding this required notice period, the period of notice cannot extend beyond the expiry of the period of probation. The employment will end at the expiry of the period of probation. The balance of any required notice period as at the expiry of the period of probation will be provided as a payment in lieu of notice.

Notwithstanding any other provision of this clause, the University may terminate without notice the employment of a probationary staff member who has engaged in conduct of a kind envisaged in clause 61.6(d) such that it would be unreasonable to require the University to continue employment during a period of notice. Whilst the University is investigating any allegations of serious misconduct, the University may suspend the staff member with or without pay. Notwithstanding clause 61.1 of this Agreement, clauses 63.4 and 63.5 will also apply to probationary academic staff who have been suspended without pay under this clause.

68.12 If a decision to terminate employment is made, a staff member may appeal the decision to an Appeals Committee comprising:

• the Vice-Chancellor or nominee (chair);
• one Dean nominated by the Senior Management Team or its equivalent, or alternate;
• one professorial member nominated by the Academic Board, or alternate;
• a non-professorial academic staff member nominated by the Provost, or alternate;
• a nominee of the President of the Monash University NTEU Branch.

69. ACADEMIC WORKLOADS

69.1 The University is committed wherever reasonably possible to:

• managing the workload of academic staff members to ensure teaching and administrative responsibilities are contained and adequate time is allowed for research and scholarship;
• a fair level and equitable distribution of workload for academic staff;
• a transparent process of workload allocation which has the broad support of academic staff members;
• providing an opportunity beyond the performance management process for academic staff members to be consulted about workload allocation; and
• ensuring the workload of an academic staff member is reasonably manageable and consistent with the continued health and safety of the staff member

taking into account the operational and teaching requirements and research performance standards of the University and the relevant academic unit.

69.2 The management and regulation of academic workloads (other than for sessional staff) will be based on the processes set out below.

Academic Work

69.3 Academic work at the University embraces research, scholarship, teaching, leadership, and professional and community service. All academic staff members at the University should have adequate and appropriate opportunities to perform in all these areas having regard to whether they are employed on a teaching and research or research-only basis.

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

69.5 The remainder of an academic staff member’s working time is self-directed, consistent 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.

Research Performance Standards

69.6 To provide clarity to academic staff performing their research role, the University has and will determine faculty or discipline-specific quantitative research performance standards (research metrics). It is recognised that these may be adjusted from time to time.

69.7 The University will consult with affected staff and the NTEU prior to making any significant or substantial changes to the faculty or discipline-specific quantitative research performance standards that affect staff.

69.8 Where significant or substantial changes that affect staff are made to the faculty or discipline-specific quantitative research performance standards, they will not be applied retrospectively to staff and staff will be given an appropriate opportunity to meet the changed performance standards.

Workload Allocation

69.9 Allocation of workloads will continue to be dealt with through the workload models of the Faculties and/or their academic units, including the collegial consultative processes by which these models have been developed and under which they operate. Allocation of workloads shall also be consistent with clause 69.10, 69.11, 69.12 and 69.13.

69.10 The University recognises 1645 hours per annum as the maximum annual allocated hours. A staff member’s annual allocation of workload and any allocated duties under clause 69.12, including any variation thereof, will be subject to discussion between the staff member and their supervisor prior to finalisation.

The starting point for discussions about the allocation of work for teaching and research academic staff is:

• Teaching 40% (658 hours)
• Research and/or scholarship 40%
• Other activities 20%

These percentages may be varied in an individual staff member’s engagement profile.

Research-only staff may also undertake limited teaching. The workload and any allocation of duties for research-only staff delivering teaching will take into account any associated work, including setting assessment, marking, and student consultation.

69.11 "Teaching" may include:

• preparation of teaching materials for face to face, online and other modes of delivery;
• unit and course development or review, including online, off-campus and off-shore learning materials;
• delivery of lectures, seminars, tutorials, workshops, laboratory classes, applied sessions and clinical education;
• delivery of online learning;
• delivery of off-campus, off-shore and distance education;
• co-ordination of units and courses;
• supervision of teaching staff, including casual professional and sessional staff;
• supervision of honours year and post-graduate students;
• supervision of undergraduate students undertaking research projects or fieldwork;
• preparing and marking of student assessment;
• student consultation;
• Chief examiner duties;
• musical accompanying; and
• field excursions.

" Other activities" may include:

• committee participation;
• organising and/or attending meetings, forums, seminars etc.;
• consultancy;
• leadership;
• engagement with industry, government, media and non-profit associations;
• management and administration;
• internal and external professional work; and
• peer- review of journal articles and book proposals.

69.12 For all teaching and teaching related duties allocated to a staff member, the anticipated duties encompassed will be advised to the staff member and an allocation of hours will normally be made for those teaching and teaching related duties. This allocation of hours will represent a reasonable estimate of the time that a competent academic of the staff member’s level and experience would be expected to take to perform those teaching and teaching related duties within the Faculty or academic unit.

In accordance with the relevant workload model, the annual allocation of the staff member’s teaching and teaching related duties will take into account:

(a) the teaching and operational requirements and quantitative research performance standards of the academic unit, including the teaching activities required to be undertaken;

(b) the additional time taken when an early career academic staff member is first allocated teaching duties relating to a significant body of knowledge and materials that the staff member has not engaged with in prior teaching and research work;

(c) any significant projected periods of leave, which may include part-year absences on leave without pay or study leave or part-year assignment to non-teaching duties;

(d) teaching and teaching related duties worked in excess of the staff member’s allocated teaching hours in the preceding year;

(e) the staff member’s designated non-teaching duties; and

(f) any need to adjust teaching and teaching related duties to facilitate a staff member establishing a research profile, such as where a high allocation of teaching duties has been made in previous years.

69.13 In circumstances where any substantive amendments and variations to teaching allocations are necessary, the University will discuss this with staff affected by any amendments or variations. This includes instances where research outputs affect teaching allocation and the application of research output measures requires a revision of teaching allocation.

Wherever possible, allocations of responsibility for course units will be determined and the affected staff advised at least three weeks in advance of the commencement of the teaching period.

Academic Workload Models

69.14 Each Faculty and/or academic unit will develop and maintain (or review, as appropriate) a Workload Model, through a collegial consultative process. That collegial consultative process will include the consideration of an assessment of the time taken to perform teaching tasks to a professional and competent standard taking into account information provided by academic staff performing those tasks. 

Following the collegial consultative process during the operation of this Agreement, the Faculty and/or academic unit will include a statement of the time estimated for the performance of the various teaching and teaching related duties in its Workload Model. That statement will be included in any subsequent review and/or maintenance of the Workload Model and will form the basis of the allocations made for the performance of teaching and teaching related duties under clause 69.12 of this Agreement.

Each Faculty and/or academic unit will provide for the equitable and transparent allocation of workload with respect to teaching and other activities within the Faculty or academic unit.

69.15 The Workload Models will take into account those activities specified in clause 69.11 as well as including, where relevant, the following factors:

• Modes of delivery;
• The level of units in which the academic staff member teaches;
• The number of units in which the academic staff member teaches;
• The level and experience of the academic staff member;
• The number of students taught by the academic staff member and the student profile;
• Methods and volume of assessment and marking;
• The spread of teaching across day and evening programs and across the year, including intensive teaching;
• Staff development and professional learning requirements, including higher degree study, MEA (Monash Education Academy) modules or equivalent, and the Graduate Certificate in Health Professions Education (GCHPE) and Master of Health Professions Education;
• Intercampus teaching and travel;
• Off-shore teaching and travel; and
• Quantitative research performance standards.

Fractional Academic Staff

69.16 A fractional (part-time) academic staff member will normally undertake as full a range of duties as a full-time academic on a pro-rata basis, unless there is an agreement to the contrary reflected in the staff member’s engagement profile from year to year. The applicable workload model will be applied pro rata according to the academic staff member’s employment fraction and engagement profile.

Unreasonable Workloads

69.17 In determining what are unreasonable hours of work the University will have regard to the following factors:

• The total number of teaching and/or required hours worked on a particular day;
• The number of teaching and/or required hours worked without a break;
• Any requirement to undertake teaching on University holidays, or before 8:00am or after 9:00pm;
• Requirements to undertake teaching at overseas campuses;
• Requirements to travel between campuses to undertake teaching;
• The time off between finishing and starting times of teaching sessions;
• The number of days of the week during which teaching and/or required duties are scheduled;
• Class sizes;
• Health and safety issues;
• The incidence of night work/after dark work;
• The academic staff member’s general workload; and
• The academic staff member’s family needs and responsibilities.

69.18 Concerns arising from the allocation of workloads or unreasonable hours of work will be dealt with, in the first instance, by consultation and discussion with the academic staff member’s supervisor. Where it is not possible to reach agreement by this means the academic staff member may appeal to a Board of Review. The Board of Review will consist of no more than three persons and will normally be chaired by the Dean of the Faculty (or their nominee) and will include two other staff members appointed by the Dean, provided that one will be at the standing of Senior Lecturer or below. Where the appeal is against the decision of the Dean, the Board of Review will be appointed and chaired by the Provost or their nominee. The staff member may, at their request, be accompanied by a Representative. Guidelines governing the operation of the Boards of Review will operate with regard to the following matters:

• Timelines for establishment of Boards and hearing and resolution of complaints;
• Protocols for the involvement of Deans, Heads of Departments and the Provost as members of Boards;
• Remedies that may be recommended by Boards where a finding is made that a workload allocation was unreasonable.

69.19 Where a staff member is dissatisfied with the recommendation(s) of a Board of Review, they may have recourse to the Dispute Resolution Procedure at clause 13.

Academic Workloads Advisory Committee

69.20 The University shall establish an Academic Workloads Advisory Committee (AWAC). The NTEU may nominate a member of academic staff to be the NTEU representative of the AWAC. The AWAC shall monitor workload trends and the operation of workload models. The AWAC shall meet quarterly and:

(a) may issue reports on workload trends and the operation of workload models; and

(b) may make recommendations about these matters to the University.

70. TEACHING PERIODS 

70.1 A fixed-term or continuing teaching and research academic staff member will not normally be required to undertake teaching and associated administrative duties in more than two teaching periods in each 12-month cycle, except that:

(a) a Scholarly Teaching Fellow or Teaching Fellow: or

(b) a teaching and research academic staff member who has not met their Faculty’s minimum research standards and does not have a Performance Development Plan to reach those standards agreed with their academic supervisor within three months of being deemed to have not met those standards, may be required to undertake teaching and associated administrative duties in no more than five teaching periods in any 24-month cycle unless otherwise agreed with their supervisor.

70.2 A "teaching period" for this purpose means a defined period in which units may be offered for study and which is published as such on the University’s website in accordance with Australian government requirements and the University’s Teaching Periods Procedure. All teaching periods will normally incorporate the elements of:

(a) The weeks in which classes are delivered; and

(b) The assessment and marking weeks up until the end of the final assessment period for the teaching period (excluding deferred, supplementary and special consideration assessment).

70.3 The teaching period(s) in which the staff member will be required to undertake teaching and associated administrative duties will be determined by the relevant Head of Department as part of academic workload allocation in accordance with clause 69.

70.4 A fixed-term or continuing academic staff member will normally have at least two weeks free of teaching and marking between each teaching period. A staff member who will not have two weeks free of teaching and/or marking associated with the teaching period prior to being required to teach in a subsequent teaching period, may apply to their Dean (or nominee) for reasonable adjustments to be made to their teaching and/or marking.

70.5 Consideration will be given to the impact on the workload and leave arrangements of professional staff as a consequence of conducting intensive teaching periods and the possible need for additional staff during high workload periods.

70.6 A staff member aggrieved by a decision under clause 70.5 may access the Employment Related Grievance Resolution Procedure at clause 66.

71. OUTSIDE STUDY PROGRAM (OSP)

71.1 This clause applies to academic staff at the level of lecturer and above, whether full-time or fractional, but does not apply to staff who are employed on a casual or sessional basis or to staff whose salaries are paid from external funds which make no provision for outside study programs or professional experience programs (OSP/PEP).

71.2 When considering applications for OSP/PEP under its own rules, the University will recognise prior continuous paid full-time service with other Australian higher education institutions as qualifying service, provided that if a staff member has taken a period of time on OSP/PEP, that period will be taken into account in the consideration of an application.

71.3 Eligibility for recognition of service with the releasing institution will be dependent upon continuity of employment between the releasing institutions and the University.

71.4 If there is not more than two months between the cessation of employment with the releasing institution and commencement with the University, continuity will be deemed not to have been broken, but the period between cessation and commencement will not be taken into account in determining length of service for the purposes of this clause.

71.5 Recognition of longer breaks in service will be dependent upon the rules and practices of the University.

71.6 Recognition of previous service other than as provided in this clause will continue to be a matter for the University to determine.

71.7 This clause is not intended to extend eligibility to apply for OSP/PEP to any staff member who is not, at the Operative Date, eligible to apply for such leave under the rules of the University, nor is it intended to remove eligibility to apply for OSP/PEP from any staff member who was eligible under the rules of the University at 25 May 2001.

72. ONLINE TEACHING AND LEARNING

72.1 Online teaching and learning will be governed by University Policy. The policy will include that sessional staff members will not have sole academic responsibility for the development of an online teaching and learning course. However, nothing in this Agreement prevents the University, in its discretion, from amending or varying the policy throughout and beyond the nominal life of this Agreement.

73. WORKING OFF-SHORE

73.1 Working off-shore will be governed by University Policy. The policy will include:

• Right of staff to refuse unreasonable requests to work outside Australia;
• Definition of an "unreasonable request" in relation to work outside Australia;
• Provision of the means for communication with immediate family in Australia in the circumstances that a staff member is required to undertake work outside Australia;
• Work-related travel;
• Right to direct staff to return to Australia, where the University forms the view that it is unsafe for the staff member to remain offshore; and
• A statement that casual professional and sessional staff members are not expected to work offshore.

73.2 However, nothing in this Agreement prevents the University, in its discretion, from amending or varying the policy throughout and beyond the nominal life of the Agreement.

74. PERFORMANCE DEVELOPMENT

74.1 A performance review system applies to all continuing and fixed-term staff based on the compilation of a performance plan to be submitted by each staff member and approved by that staff member's supervisor. Staff will be provided with the opportunity to develop their skills and effectiveness within the University.

This system operates as an annual cycle with formal and informal reviews and feedback. This should include feedback from a range of people with whom the staff member interacts.

The supervisor will advise the staff member in writing of planned timelines for the submission of the portfolio and of the timing of the formal meetings. The performance development of a supervisor will contain an upward appraisal component. That is, in the lead up to the completion of the supervisor’s annual performance review, their supervisor will consult as appropriate with the supervisor’s staff to provide feedback on their supervisor’s performance as a supervisor.

74.2 The objectives of performance development at the University are to be achieved within reasonable timeframes within the annual cycle and are as follows:

• to determine appropriate training and development opportunities in relation to the position and for career development purposes;
• to provide feedback to the staff member and supervisor on a regular basis;
• to plan agreed performance goals and staff development/training activities for the next annual cycle;
• to link individual performance and development planning to the goals and priorities of the work unit/department and the University more broadly; and
• to ensure that the workload is manageable and consistent with the continued health and safety of the staff member.

74.3 All fixed-term and continuing staff will be required to participate in one formal performance review per annum, supported, where possible, by regular informal feedback meetings. Performance discussions will focus on the staff member’s progress towards the goals established for the staff member and their career aspirations and will identify strategies for achieving these goals. Formal performance review discussions will be documented.

74.4 The principal elements to be covered in performance reviews and feedback discussions are:

• review of the role and/or responsibilities of the staff member, including objectives and skills and/or knowledge acquisition set in previous feedback discussions;
• consideration of the workload of the staff member (although staff members may raise workload issues with their supervisors whenever there is a concern or problem);
• acknowledgement of initiatives and achievements of the staff member;
• the development of a plan which includes staff or professional development activities and future performance objectives;
• feedback to the staff member on their performance against previously determined objectives and whether or not performance has been satisfactory; and
• feedback and coaching to the staff member on specific areas that would benefit from development.

74.5 Assessment of performance will be consistent with:

• whether the staff member has performed at an appropriate level for the staff member’s appointment;
• the position description relevant to the staff member;
• the existence of non-traditional career paths;
• equity and access policies of the University; and
• enabling or mitigating circumstances.

74.6 Where a staff member’s performance is determined by the supervisor to be unsatisfactory, the supervisor will identify in writing the factors which have not been satisfactorily met. The report will specify the improvement required to achieve the goals and objectives, or satisfactory progress towards them, and the proposed timelines for meeting the requirements for improvement. A copy of the report will be provided to the staff member, the supervisor and the head of unit.

Incremental Advancement (Academic and Professional Staff)

74.7 A staff member's entitlement to incremental progression will be based on the staff member's performance being assessed as satisfactory. Assessment of performance will be consistent with the annual performance review and clause 74.5 above.

74.8 Consideration will be given to granting additional increments within the relevant level in cases where it can be clearly demonstrated by the supervisor that the staff member has consistently exceeded the required performance level.

74.9 Where the staff member’s performance is not satisfactory and a supervisor proposes to withhold an increment from a staff member entitled to incremental progression, the supervisor will:

(a) advise the staff member of the reasons for the proposed withholding of the increment; and

(b) give the staff member an opportunity to respond to the reasons provided; and

(c) allow sufficient opportunity (usually at least three (3) months) for the staff member to improve performance to the standard required to progress to the next incremental step.

74.10 Where an increment is withheld the staff member may dispute the decision in accordance with the Employment Related Grievance Resolution Procedure starting the procedure at clause 66.5.

Supervisors (Academic and Professional Staff)

74.11 The nominated supervisor of a staff member will be the relevant immediate line manager unless the University nominates an alternative supervisor.

74.12 Prior to undertaking supervisory responsibilities under the performance development process, each supervisor will complete training in the process and methods of giving feedback.

Academic Supervision

74.13 Wherever possible, the academic line manager will be competent in the staff member’s field of expertise.

74.14 Notwithstanding clause 74.11 above, the Vice-Chancellor may delegate in writing another academic staff member classified at Level C or above to be supervisor of one or more academics or group of academics, provided such other academic staff member occupies a more senior position to the staff member being supervised.

74.15 Any academic staff member may request an alternative supervisor. Any request by a staff member for an alternative supervisor will be given due consideration by the Vice-Chancellor.

75. PROFESSIONAL STAFF WORKLOADS

75.1 The University does not require staff to work excessive hours and does not encourage or condone workplace culture that requires staff to work long hours. It is the responsibility of the University’s supervisors to ensure that unreasonable expectations are not put on staff members which results in working excessive hours and it is the responsibility of staff members to ensure they are not working excessive hours.

75.2 The University will take reasonable positive steps to ensure that professional staff members do not work excessive or unreasonable hours, and are not working in excess of any hours of work prescribed by this Agreement, except where formal arrangements have been entered into according to the terms of this Agreement. Reasonable and positive steps will usually and if practicable include:

(a) Inclusion of managing workloads in accordance with this Agreement in the induction for new staff, supervisory training, and performance management training. In particular, staff induction and supervisory training will refer to:

(i) occupational health and safety requirements;
(ii) the meal break entitlements of professional staff at clause 82 of this Agreement;
(iii) the ordinary hours of duty of professional staff provided for at clause 80 of this Agreement;
(iv) the overtime and time off in lieu (TOIL) provisions of clause 83 of this Agreement, including the "no unreasonable overtime" provisions of clause 83.13 of this Agreement;
(v) the right to disconnect provisions of clause 76 of this Agreement; and
(vi) the individual workload review provisions of clause 75.3 of this Agreement.

(b) Maintenance on a website of Frequently Asked Questions (FAQs) regarding professional staff workloads. The FAQs should provide an easy to understand guide to clause 75 – Professional Staff Workloads, clause 80 – Hours of Duty and Span of Hours, clause 81 – Extended Shift Arrangements, clause 82 – Meal Breaks, and clause 83 – Overtime and Time Off in Lieu.

(c) Maintenance of an effective system for supervisors to record overtime and time off in lieu agreed between the supervisor and the staff member, including the number of hours of overtime worked, the number of hours of TOIL accrued, and the date on which the overtime was worked.

(d) Confirmation between supervisor and staff member prior to any overtime being worked whether there is agreement to time off in lieu of overtime payment where the staff member is in receipt of a salary not exceeding that prescribed for the top of the scale for a Higher Education Worker (HEW) level 7.

(e) An annual communication reminding all professional staff of the provisions of clause 75.1 above

Individual Workload Review

75.3 If a staff member is concerned with their workload, the staff member may request a workload review by discussing it with their supervisor. If the issue is not satisfactorily resolved through this process, the staff member may use the Employment Related Grievance Resolution Procedure to attempt to resolve the issue starting the procedure at clause 66.5.

The University will take particular care of the health and wellbeing of staff with public-facing duties.

Workload Review Committee

75.4 As part of the University’s commitment to workload management a Professional Staff Workload Review Committee will be established.

75.5 The Professional Staff Workload Review Committee will comprise two nominees of the University and two professional staff nominees of the President of the Monash University NTEU Branch .

75.6 The Professional Staff Workload Review Committee may, when requested by the Chief People Officer, review identified professional staff workload problems at the work unit or occupational category level and report to the Chief People Officer on the Committee’s findings. In undertaking that review, the Committee may request that the Chief People Officer provide available data relevant to that review which may include available data regarding the payment of overtime and the accumulation of time off in lieu of payment of overtime (TOIL) in the applicable organisational unit(s), and the Chief People Officer will respond to that request within four weeks. The Committee will be able to make recommendations when all members of the Committee agree.

75.7 Any recommendations of the Professional Staff Workload Review Committee will be forwarded to the Chief People Officer for consideration and implementation (subject to any required approval processes). Approved recommendations should be implemented within a reasonable timeframe. Where an approved recommendation has not been implemented within six months of the recommendation being made, the Chief People Officer will advise the Committee of the expected timeframe for that implementation and will report to the Committee at the end of that timeframe if implementation has still not occurred.

75.8 The Workload Review Committee will meet at least annually, or at the reques of either the University or two or more members of the Committee.

76. RIGHT TO DISCONNECT

The University does not expect professional staff covered by this Agreement to respond to communications from the University outside their normal working hours and during periods of approved leave except where there is an urgent operational need or an emergency circumstance, or pursuant to a relevant clause of this Agreement (such as any on-call arrangements or authorised overtime).

77. PROFESSIONAL STAFF POSITION CLASSIFICATIONS

77.1 The following general principles apply to how professional staff positions are classified:

(a) Positions will be classified at the level which most accurately reflects the work required to be performed, taking into account the duties and responsibilities of the position;

(b) The funding source and budgetary considerations will not be taken into account when classifying a position, including those staff employed in grant-funded and professional staff research positions;

(c) The classification will be of the position not the occupant;

(d) Classification decisions will be based on an assessment of the documentation of positions against the Classification Descriptors in Schedule 5; and

(e) Particular regard will be had to pay equity principles and the classification descriptors will be applied consistently across positions.

These processes apply to staff members at all Higher Education Worker (HEW) levels except those on performance-based contracts (PBCs).

Position Description

77.2 Each fixed-term or continuing position should have a position description. The current approved position description will always be considered when determining the appropriate classification of a position.

77.3 Where a casual position has been held on a regular basis for more than 12 months, it should have a written position description.

77.4 Every position description should be reviewed under the performance development process.

Applying for Reclassification

77.5 Where a staff member or their supervisor considers that the classification of the staff member’s position is incorrect, the staff member or supervisor will provide to a representative of Monash HR an updated position description and a request to review the classification in the preferred University format, signed by the staff member, approved by the supervisor and Head of Administrative Unit. The updated position description and request to review the classification will then be referred for consideration and determination under clause 77.7.

77.6 Where the content of a position description, or a proposal that forms the basis of a reclassification application, is in dispute, the position description may be referred to a Position Description Review Committee made up of one Monash HR representative and one NTEU representative along with the supervisor and staff member. The Committee will attempt to reach agreement on the position description. Should the Position Description Review Committee fail to reach agreement on the position description, the staff member may request that the matter be referred to the Dispute Resolution Procedure at clause 13. When there is agreement on the position description either by the Position Description Review Committee or under the Dispute Resolution Procedure at clause 13, the classification review application and the agreed position description will be referred for consideration and determination under clause 77.7. Where the position description is subsequently reclassified under clause 77.7, the date of effect of the reclassification will be no later than two months from the time discussions between the supervisor and staff member began.

77.7 A Monash HR representative trained in the use of the classification descriptors will take all reasonable steps to consider and determine the classification of the position in accordance with the classification descriptors within 21 days of receiving the request or, where clause 77.6 applies, within 14 days of receipt of the agreed position description. Where the application is not approved, the staff member and their supervisor will be given written reasons for the decision.

Disputed Classifications

77.8 Where a staff member is aggrieved by a review of classification decision made under clause 77.7, the staff member may apply for a review of the decision by the Classification Review Committee. The application must be made in writing within five days of notification of the decision under clause 77.7. An application to review a decision under clause 77.7 will attach the position description that was considered and the review request in the preferred University format.

The members of the Classification Review Committee will be:

(a) Two management nominees; and

(b) Two nominees of the President of Monash University NTEU Branch.

All members will be trained in the use of the professional staff position classification descriptors.

77.9 In reviewing a decision under clause 77.7, the Classification Review Committee will take into account relativities with other comparable positions across the University when considering the review application and will act in accordance with the following:

• only written submissions will be considered before commencing its review;
• further clarification or information to assist in the review process may be requested;
• the incumbent or immediate supervisors may be interviewed;
• where appropriate the workplace may be visited;
• requests for review will be dealt with and concluded expeditiously and preferably within one month of lodgement; and
• the position description, reclassification application and the Professional Staff Classification Descriptors will be used for evaluation.

Should the Classification Review Committee fail to reach agreement on the classification of the position description, the staff member may bring a dispute under the Dispute Resolution Procedure at clause 13 of this Agreement.

78. JOB REDESIGN

78.1 It is important that positions are capable of being designed to maximise efficiency and productivity in the workplace. Job redesign can occur due to organisational change or requirements or through change in the nature of the duties required to be performed and may not necessarily result in a reclassification beyond the level of the position being redesigned.

78.2 The staff member who occupies the position to be redesigned will be consulted prior to any change being made, and any changes will normally be made by mutual agreement between the University and the staff member. However, management prerogative will be maintained on allocation of duties and responsibilities. If the staff member chooses, the staff member will have the right to have a Representative of their choice present during all discussions.

78.3 The staff member will not incur any loss of salary or diminution of conditions as a consequence of job redesign. Appropriate training will be provided to assist a staff member to perform all the duties of the redesigned position to the required standard.

79. ABORIGINAL AND TORRES STRAIT ISLANDER EMPLOYMENT

The University has a Monash Aboriginal and Torres Strait Islander Framework 2019-2030, which recognises that a supportive working environment for Aboriginal and Torres Strait Islanders requires the redress of racism, social injustice, exploitation and employment inequity.

Reflecting the parties’ commitment to the principles of Aboriginal and Torres Strait Islander self-determination, social and restorative justice, and cultural affirmation, the University will:

(a) Consult with the NTEU when developing new or amending its current Aboriginal and Torres Strait Islander Employment Action Plans.

(b) Maximise Aboriginal and Torres Strait Islander staff development along with the transfer of job skills and information in order to increase Indigenous knowledge, independence, remuneration, job security and self-sufficiency.

(c) Increase, encourage and foster Aboriginal and Torres Strait Islander employment and participation at all levels of work activity.

(d) Maintain the Aboriginal and Torres Strait Islander staff mentoring program and will make adjustments to the ordinary duties of Aboriginal and Torres Strait Islander staff to facilitate their full participation in it.

(e) Facilitate and encourage the direct involvement of Aboriginal and Torres Strait Islander staff in determining their own career strategies, goals and objectives by each Aboriginal and Torres Strait Islander staff member developing a performance development plan in consultation with their supervisor and, if requested, with the participation of an appropriate Aboriginal and Torres Strait Islander member of staff nominated by the Pro Vice-Chancellor (Indigenous).

(f) Take all reasonable steps to achieve the employment targets set out at clause 79.1 below across the full range of employment types and assist Aboriginal and Torres Strait Islander staff in their training and career development in order to promote retention.

(g) Assign responsibility to the University’s Pro Vice-Chancellor (Indigenous) to oversee support for the fulfilment of these targets, and for Aboriginal and Torres Strait Islander matters generally.

(h) Maintain the position of Pro Vice-Chancellor (Indigenous) within the University.

(i) Promote and encourage participation in relevant cultural events within the Monash community and the provision of appropriate cultural training for all staff working with Aboriginal and Torres Strait Islander peoples.

79.1 Employment Targets

The University will take all reasonable steps to increase its Aboriginal and Torres Strait Islander staff employment from the reported 31 March 2022 figures of 51.3 FTE and 84 headcount to achieve the Aboriginal and Torres Strait Islander staff employment targets below.

Should it be apparent to the University or the NTEU at any stage that the annual 31 March targets may not be met for both FTE and headcount, a meeting of the Indigenous Employment Working Party will convene. This meeting is to be held within one month of a request unless otherwise agreed between the University and the NTEU. The meeting will include consideration of the measures already taken by the University to achieve the 31 March targets, including staff retention measures implemented and with a view to determining what further measures need to be taken to ensure that the 31 March targets will be met. Any measures so agreed by the Working Party will be implemented by the University unless not practicable to do so.

79.2 Indigenous Employment Working Party

The Indigenous Employment Working Party is established to implement the terms of this clause. The Pro Vice-Chancellor (Indigenous) or nominee will serve as Chair of the Working Party and other members of the Working Party will include:

(a) the Director, William Cooper Institute or alternate;

(b) the Manager, Indigenous Employment and Engagement or alternate;

(c) the Chief People Officer or alternate;

(d) two Aboriginal and Torres Strait Islander staff members (one academic staff member and one professional staff member) employed by the University and nominated by the Aboriginal and Torres Strait Islander members of the NTEU Monash Branch;

(e) the President of the NTEU Monash Branch (or their nominee); and

(f) other members by the discretion of the Pro Vice-Chancellor (Indigenous) with endorsement from the Indigenous Advisory Council.

The functions of the Working Party will include:

(a) Consulting on policy that culturally supports and upholds the employment conditions of Aboriginal and Torres Strait Islander staff in relation to workload regulation, study leave, and promotion. These specific policy provisions will recognise the importance of Indigenous knowledge, learning, and community links. They will be based on policy provisions applying generally to academic or professional staff of the University but will vary, where necessary, working hours/workloads, promotion application criteria, and reporting requirements, provided that such variations are consistent with the terms of this Agreement.

(b) Receiving quarterly and annual reports of the University’s Aboriginal and Torres Strait Islander employment data, including higher education staff data as reported to the relevant Commonwealth agencies and Aboriginal and Torres Strait Islander employment performance indicators as established in the Monash Aboriginal and Torres Strait Islander Framework 2019-2030, including:

(i) access to ceremonial leave for the participation of Aboriginal and Torres Strait Islander staff in cultural and ceremonial activities;
(ii) professional and career development opportunities for Aboriginal and Torres Strait Islander staff;
(iii) the classifications of positions and modes of employment (ie. casual, fixed-term or continuing) occupied by Aboriginal and Torres Strait Islander staff as compared with non-Indigenous staff in terms of numbers and FTEs;
(iv) retention and promotion of Aboriginal and Torres Strait Islander staff; and
(v) progress towards achieving the employment targets set out in clause 79. 1 above.

(c) Monitoring the implementation of measures for the achievement of the employment targets set out in clause 79.1 above

(d) Consideration of any other matters referred for the attention of the Working Party by the Indigenous Advisory Council or the Pro Vice-Chancellor (Indigenous).

80. HOURS OF DUTY AND SPAN OF HOURS

80.1 The ordinary hours of duty of professional staff will be determined by the University in accordance with this clause.

80.2 The ordinary hours of duty will not exceed an average of 36.75 per week to be worked in accordance with one of the following:

• 36.75 hours within a work cycle not exceeding 7 consecutive days;
• 73.5 hours within a work cycle not exceeding 14 consecutive days;
• 110.25 hours within a work cycle not exceeding 21 consecutive days;
• 147 hours within a work cycle not exceeding 28 consecutive days.

80.3 The ordinary hours of duty for professional staff members other than shift workers will be worked:

(a) on any or all of the days of the week, Monday to Friday; and

(b) continuously, except for meal breaks, between:

(i) 8:00am and 6:00pm for staff who were employed by the University immediately prior to 7 October 2014 and who have continued to be employed by the University; and
(ii) 8:00am and 8:00pm for staff who commenced to be employed by the University on or after 7 October 2014.

80.4 The ordinary hours of duty for shift workers will be worked continuously each shift except for meal breaks and will not exceed 10 hours inclusive of meal breaks in any single shift, and will be worked in accordance with clause 84.

Flexible Working Hours Arrangements

80.5 A staff member and the University may agree on a flexible working hours arrangement for the staff member subject to all the other provisions of the Agreement.

80.6 A flexible working hours arrangement will typically operate for no less than four weeks and no more than 12 months and the period will be reflected in the flexible working hours arrangement. This does not preclude further flexible working hours arrangements being agreed.

80.7 This clause is separate to and does not limit the operation of clause 38 or clause 39 – Working From Home.

81. EXTENDED SHIFT ARRANGEMENTS

81.1 Notwithstanding any other provisions of this Agreement the University may during the period Monday to Friday, and by agreement with the staff member(s) concerned, establish an arrangement for extended shifts of up to nine hours thirty minutes (exclusive of meal breaks) which would not attract shift penalty. A staff member so agreeing would not be required to work on more than 80% of the ordinary working days (Monday to Friday). No formal offer of, or agreement to such an arrangement shall be made to any staff member until at least 21 days’ notice has been given to the NTEU Monash University Branch and agreement has occurred between the NTEU Monash University Branch and the University.

82. MEAL BREAKS

82.1 A staff member will not be required to work more than five consecutive hours without a break for a meal.

82.2 A meal break will be at least 30 minutes but not more than one hour.

82.3 Time taken as meal breaks will not be paid for and will not be counted as time worked.

83. OVERTIME AND TIME OFF IN LIEU

83.1 Subject to this clause, all authorised time worked in excess of or outside of the ordinary hours of duty prescribed by clause 80 will be overtime and will be paid for at overtime rates in accordance with this clause.

83.2 Where the ordinary hours of duty 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.

83.3 Where daily ordinary hours of duty are flexible the total hours worked in a work cycle will be computed and overtime rates will apply to all time worked in excess of the ordinary hours of duty prescribed for the work cycle.

83.4 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.

83.5 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.

83.6 Overtime will be calculated on the total amount of overtime worked in a day.

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

83.8 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 at clause 80.

83.9 Subject to clauses 83.10 and 83.11 below, the rates in Table H will apply in respect of overtime worked by professional staff:

Table H

83.10 A staff member in receipt of a salary in excess of that prescribed for the top of the scale for Higher Education Worker (HEW) level 7 will not be eligible to receive payment for overtime but will be allowed time off equivalent to the period of overtime worked.

83.11 A staff member in receipt of a salary not exceeding that prescribed for the top of the scale for a Higher Education Worker (HEW) level 7 may, by mutual agreement between the staff member and the University reached prior to overtime being worked, take time off in lieu of overtime payment such time off being calculated in the same manner as is prescribed in clause 83.9 above for payment for overtime worked.

83.12 The process for taking time off in lieu of payment for overtime will be in accordance with the following provisions:

(a) The University will not exert undue influence or undue pressure on a staff member in relation to a decision by the staff member to make, or not make, an agreement to take time off in lieu of payment of overtime (TOIL).

(b) Overtime, including the anticipated date for taking the TOIL, must be approved in advance and the approval must be recorded in writing to prevent any dispute as to the authorisation of either the working of overtime or the date at which the TOIL is to be taken.

(c) It is not reasonable to limit use of accrued TOIL or to accrue an excessive amount of TOIL such that the staff member is unable to utilise the time off in an acceptable timeframe in accordance with these provisions.

(d) The date of taking the accrued TOIL will be within six months of accrual and at a time or times agreed by the staff member and their  manager. A staff member’s request to take the TOIL at a particular time will normally be granted but may be refused on reasonable business grounds. If the staff member and the manager are unable to agree upon the time of taking of the TOIL, the staff member may refer the matter to the Divisional Director/Dean for final resolution. If the Divisional Director/Dean is the staff member's supervisor, the staff member may refer the matter to the Chief People Officer. Where the Chief People Officer is the staff member's supervisor, the staff member may then refer the matter to the Chief Operating Officer. It is expected that such referrals would be determined within four working weeks of the staff member's request.

(e) TOIL in accordance with paragraph (b) above that has not been taken within a six month period from the accrual will be paid as overtime at the appropriate overtime rate to the staff member either:

(i) within 14 days of termination of employment; or
(ii) in the first full pay period after the six-month period from the accrual or as otherwise agreed by the staff member,
whichever is the earlier.

(f) If a staff member in receipt of a salary not exceeding that prescribed for the top of the scale for a Higher Education Worker (HEW) level 7 requests in writing at any time to be paid for overtime covered by an agreement under clause 83.11 but not taken as time off, the University must pay the staff member for the overtime, in the next available pay period following the request, at the overtime rate applicable to the overtime when worked.

No Unreasonable Overtime

83.13 The University may require a staff member to work reasonable overtime and payment will be made in accordance with this clause. A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working hours which are unreasonable having regard to:

• any risk to staff health and safety;
• the staff member's personal circumstances including any family responsibilities;
• the needs of the University;
• the notice given by the University of the overtime and by the staff member of their intention to refuse it; and
• any other relevant matter.

84. SHIFT WORK

84.1 The provisions of this clause will not apply to staff members whose salary exceeds that prescribed for the top of the scale for Higher Education Worker (HEW) level 7.

84.2 For the purposes of this clause:

• "day shift" means any shift starting at or after 6am and finishing at or before 6pm;
• "afternoon shift" means any shift finishing after 6pm and at or before midnight;
• "night shift" means any shift finishing after midnight and at or before 8am;
• "ordinary rate of pay" includes higher duties allowance (and any other allowance in the nature of salary) where the staff member is entitled to payment of such allowance whilst working their shift;
• "ordinary shift" means any shift on which a shift worker is rostered for duty within the ordinary working hours of the staff member and according to the relevant roster cycle;
• "relevant roster cycle" means a sequence of shifts in a roster to be normally worked by a staff member in the ordinary working hours of the staff member and arranged so as to form a recurring cycle of five days on shift and two days off per week;
• "rostered shift" has the same meaning as "shift";
• "shift" means a continuous period of work during which a shift worker is rostered for duty;
• "shift worker" means a professional staff member who works shift arrangements according to a written shift roster under which they are regularly rostered to work one or more day shifts, afternoon shifts or night shifts which extend beyond the span of hours specified in clause 80.3 that would otherwise apply to the staff member if they were not a shift worker.
• "week" means a period of seven consecutive days, calculated from the commencement of the relevant roster cycle.

84.3 Except as provided in clause 84.4 below, a staff member engaged on:

• an afternoon or rotating night shift will be paid ordinary rate of pay plus an additional 15% of their ordinary rate; or
• a non-rotating night shift will be paid ordinary rate of pay plus an additional 30% of their ordinary rate for any ordinary hours worked on Monday to Friday inclusive.

84.4 A staff member required to work an ordinary shift on a Saturday, a Sunday or a holiday shall be paid ordinary rate of pay plus:

• on a Saturday an additional 50% of their ordinary rate of pay
• on a Sunday an additional 100% of their ordinary rate of pay
• on a holiday an additional 150% of their ordinary rate of pay

84.5 A shift worker whose day(s) off in their roster cycle falls on a holiday observed by the University shall be granted one day's leave in lieu of each such holiday.

84.6 A staff member who without 72 hours ’ notice is:

• transferred from day work to shift work;
• transferred from one shift roster to another shift roster;
• transferred to an unrostered shift; or
• 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 so transferred and which occurs before the expiry of 72 hours’ notice of the transfer provided that the allowance will be payable only to a staff member who, after the transfer, will be in receipt of an allowance under clause 84.3 above. In such case the allowance provided under this clause 84.6 will be payable in lieu of the allowance provided under clause 84.3 above.

84.7 Unless mutually agreed between a staff member and the University, shift rosters will be arranged so as to provide for shifts to be rotated on a weekly basis.

84.8 A staff member whose ordinary hours of duty are performed over seven days a week including Sundays and holidays shall be entitled to additional annual leave as prescribed by clause 42.2.

85. TRAVELLING, MEAL, VEHICLE AND RELATED EXPENDITURE

85.1 A staff member who, at the direction of the University, is absent on University business shall be reimbursed for reasonable expenses upon proof of receipts to cover the costs of travel, meals, incidental expenses and/or accommodation, in accordance with the following:

(a) A staff member who at the direction of the University is absent overnight on University business will be reimbursed the costs of meals, accommodation and incidental expenditure up to or below the amounts published in the Australian Taxation Office (ATO) guidelines as at 1 July each year.

(b) Meal costs up to or below the amounts published in the ATO guidelines as at 1 July each year will be reimbursed where a staff member commences travelling earlier or is absent later than the respective time or times in Table I:

Table I

(c) Reimbursement for incidental expenditure up to or below the amount published in the ATO guidelines as at 1 July each year will be payable for each 24-hour period or part thereof during which a staff member is absent on University business overnight.

(d) A staff member absent from the University, where the absence does not extend overnight, may claim payment for meals if expense has been incurred in the purchase of a meal or meals during the period of absence, as follows:

(i) If absent for breakfast only, expenses for that meal may be claimed. To be considered as having been absent for breakfast, a staff member must have departed from their home not later than 6:30am.
(ii) If absent for lunch only, a staff member is not entitled to claim for that meal. To be considered as having been absent for lunch the staff member must have been absent from the University during the usual lunch period.
(iii) If absent for dinner only, a staff member may claim expenses for that meal. To be considered as having been absent for dinner the staff member must have returned to the University not earlier than 7:00pm or to their home not earlier than 7:30pm.
(iv) If absent for two meals the staff member may claim expenses for one meal. To be considered as having been absent for two meals the staff member must have been absent for any two meals as provided in (i) to (iii) inclusive.
(v) If absent for at least 13 hours, and such absence covers three meals as shown in (i) to (iii) inclusive, the staff member may claim expenses for three meals.
Provided that reimbursement may be made only where expenditure on meals is incurred. Any meal or meals supplied free of additional charge by a transport authority will not be included in the calculation of the amount to be reimbursed.

(e) Unless the University otherwise determines, reimbursement will only be payable in relation to duties undertaken by a staff member outside an area of 24 kilometres radius of the University.

(f) A staff member required by the University to travel by train will be reimbursed by the University any reasonable amount paid by the staff member for a sleeping berth on the train.

(g) If the University is satisfied that the rates set out in clause 85.10 of the Agreement are inadequate having regard to the nature of the travel or the additional expenses have been necessarily and reasonably incurred by a staff member in the course of the duties of the staff member, the University may approve of payment to the staff member of the additional expenses so incurred.

(h) Other than:

• in exceptional circumstances; or
• where the staff member has obtained an approved cash advance under clause 85.5 of this Agreement and has yet to provide to the University receipts or other satisfactory evidence of actual reasonable University business related expenses incurred; or
• where the staff member is subject to the recovery of overpayment provisions of clause 27.4 of this Agreement pursuant to clause 85.6,

a completed valid claim for reimbursement submitted to the appropriate University representative (as identified by the University to the staff member) will be approved and paid by the University within 25 working days of submission.

For the purposes of this clause, a valid claim for reimbursement may only be made for expenditure that is incurred for official and authorised University business and necessary for a staff member’s work and does not include:

• claims made more than six months after the date the expenses were incurred, unless evidence of exceptional circumstances is provided to the Director, Purchasing to Payment Services;
• claims for purchases of goods and/or services from University staff or the claimant’s company or family members;
• claims for fines incurred; or
• claims for University parking permits.

Travelling and Related Expenditure (Intrastate, Interstate and Overseas)

85.2 Staff members who travel on University business may be issued with a corporate credit card, to which any reasonable expenses incurred whilst travelling on approved University business may be charged.

85.3 The staff member, prior to travelling and incurring the expense, will advise and seek approval from their supervisor or Head of Administrative Unit as to travelling arrangements and where they intend to stay. Such accommodation will be of a reasonable standard. If there is any dispute regarding the travel arrangements, attempts will be made to resolve the issue between the relevant staff member (who may choose to be assisted by a Representative) and management of the particular Administrative Unit.

85.4 Where possible, all reasonable University business related expenses will be incurred on the corporate credit card in accordance with University Policy.

85.5 Where corporate credit card facilities are not available, the staff member will obtain a receipt or other satisfactory evidence of reasonable personal expenses incurred whilst travelling on approved University business and this amount, if approved, will be reimbursed. Alternatively a cash advance may be approved in advance by the supervisor or Head of Administrative Unit but only in cases of field trips, travel to remote locations or hardship as determined by the University.

85.6 If a cash advance is approved in accordance with clause 85.5, upon return from travel the staff member is required to provide to the University receipts or other satisfactory evidence of actual reasonable University business related expenses incurred. If the value of the actual University business related expenses incurred is less than the value of the cash advance, the staff member is required to return the balance of the cash advance to the University within seven days of return from travel. Should the staff member:

(a) fail to return the balance of the cash advance to the University within seven days of return from travel; or

(b) be found by the University to have used the cash advance toward expenses that are deemed not to be reasonable University business related expenses,

then the procedure at clause 27.4 of this Agreement regarding recovery of overpayments shall apply.

Reimbursement of Fares

85.7 Unless otherwise authorised, a staff member required by the University to travel on University business will travel by public transport or University supplied vehicle.

85.8 If costs are incurred by a staff member in travelling, including authorised use of a taxi, the staff member will, upon production to the University of receipts for such travel, be reimbursed by the University for the cost thereof.

85.9 Where the University authorises the use by the staff member of a taxi, or a hire car through the University’s preferred hire car supplier and the initial cost thereof is borne by the staff member, reimbursement of such cost will be made to the staff member by the University upon production to the University of receipts for such cost. The rental cost of the vehicle should, where possible, be paid through the corporate credit card.

Vehicle Allowance

85.10 Where a staff member is authorised by the University to use the staff member’s privately owned vehicle for University business for travel within Australia, they will be paid an allowance through the payroll system in accordance with the Australian Taxation Office (ATO) guidelines as at 1 July each year or such greater amount as the University determines.

86. CHANGES TO ROSTERS OR HOURS OF WORK

86.1 Where the University proposes to change a staff member’s roster or ordinary hours of work, the University must consult with the staff member or staff members affected and their representative/s, if any, about the proposed change.

86.2 The University must:

(a) provide to the staff member or staff members affected and their representative/s, if any, information about the proposed change (for example, information about the nature of the change to the staff member’s regular roster or ordinary hours of work and when that change is proposed to commence);

(b) invite the staff member or staff members affected and their representative/s, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and

(c) give consideration to any views about the impact of the proposed change that are given by the staff member or staff members concerned and/or their representative/s.

86.3 The requirement to consult under this clause does not apply where a staff member has irregular, sporadic or unpredictable working hours.

86.4 These provisions are to be read in conjunction with other Agreement provisions concerning the scheduling of work and notice requirements.

87. UNION ACCESS

87.1 The University recognises the role of the NTEU as a party to this Enterprise Agreement and subject to compliance with relevant University Policies will continue to appropriately facilitate its officers and accredited representatives to carry out legitimate business of the union in relation to the matters included in this Agreement.

87.2 In order to facilitate union access and resources as above, the parties will negotiate in good faith with a view to reaching agreement on the terms of a facilitative arrangement.

87.3 The University recognises the exercise of any workplace delegates’ rights provided for under section 350C of the Fair Work Act 2009 (Cth). For the avoidance of doubt, disputes about this clause 87.3 may be dealt with through the dispute resolution procedure in clause 13.

88. HIGHER DUTIES ALLOWANCE

88.1 A staff member who is required to act in a position of higher classification than that which the staff member occupies will be paid an allowance computed in accordance with this clause.

Qualification for allowance

88.2 A professional staff member who is required to act in a position of higher classification than that which the professional staff member occupies shall be paid a higher duties allowance. The minimum period of acting in a higher level position with a classification of up to HEW 7 shall be more than two weeks. The minimum period of acting in a higher level position with a classification above HEW 7 shall be more than four weeks. Where a staff member has acted in a higher level position for the applicable qualifying period of more than two or four weeks, the higher duties allowance will be payable from the date the staff member commenced performing the higher duties.

88.3 For the purposes of determining the minimum periods as outlined above, holidays shall count when the acting at the higher level takes place both before and after the holiday.

88.4 The higher duties allowance shall be the difference between the professional staff member’s substantive salary and the minimum salary point of the higher level position.

88.5 If the professional staff member is not performing the full range of the duties of the higher level position, they shall be paid a pro rata amount of the difference between the staff member’s substantive salary and the minimum salary point of the higher level position.

88.6 A professional staff member shall be eligible to receive an increment at the higher level position if they have served for a continuous period of 12 months at the higher level, or a total period of 12 months over a 24-month period.

88.7 If a professional staff member is promoted to the higher level position, they shall not suffer any reduction in remuneration and shall be promoted on the same incremental level at which they were acting.

88.8 Any periods of acting at the higher level shall be taken into account in determining future increments should a professional staff member be promoted to the higher level.

88.9 A professional staff member who is acting in a higher level position shall be entitled to continue to receive a higher duties allowance when they proceed on paid leave or a rostered day off, other than long service leave, provided the acting in the higher level position would have continued but for the taking of leave.

89. OVERTIME MEAL ALLOWANCE

89.1 After working approved overtime:

(a) beyond the ordinary hours of work any day Monday-Friday for more than two hours; or

(b) for more than five hours on a Saturday or a Sunday,

a professional staff member will be entitled to an unpaid meal break of 30 minutes and to be paid an overtime meal allowance.

89.2 If the overtime continues for a further five hours after the meal break, a further unpaid meal break of 30 minutes will be taken and another overtime meal allowance will be paid, provided that the professional staff member is required to resume working overtime after that subsequent meal break.

89.3 Provided that a meal allowance is not payable:

(a) where a meal is provided at no cost to a professional staff member by the University;

(b) a professional staff member is authorised to use their University Corporate Credit Card to purchase a meal; or

(c) a professional staff member is reimbursed by the University for the costs of a meal.

89.4 The quantum of the allowance will be $22.40 at the Operative Date and will be adjusted thereafter according to the most recently available Take Away and Fast Foods Sub-group CPI index figure (as published by the Australian Bureau of Statistics for the Eight Capitals CPI (Cat No. 6401.0)) at the commencement of the first full pay period on or after 31 March and at the commencement of the first full pay period on or after 31 October each year during the nominal period of operation of this Agreement.

90. MOTORCYCLE AND BICYCLE ALLOWANCE

90.1 Where a professional staff member is authorised by the University to use the staff member's privately owned or hired motorcycle for official purposes (including authorised travel between campuses), the staff member will be reimbursed the actual expenses they incur for petrol and oil.

90.2 Where a professional staff member is authorised by the University to use the staff member’s privately owned or hired bicycle for official purposes (including authorised travel between campuses), the staff member will be paid a bicycle allowance per day or part thereof in which the bicycle is used. The allowance payable will be 0.15% of the weekly rate derived from the HEW level 3, step 7 annual salary.

91. SLEEP OVER ALLOWANCE

91.1 Where the University requires a professional staff member not permanently residing on the University campus to sleep-over on University premises for a period outside the ordinary hours of duty of the staff member, the staff member will be entitled to an allowance per sleep-over period in accordance with existing University Policy in relation to sleep over allowances. The allowance payable will be 5.31% of the weekly rate derived from the HEW level 3, step 7 annual salary.

92. CAMPING ALLOWANCE

92.1 Academic staff members who in the course of authorised field duty are required to camp overnight will be paid a camping allowance for each night they are required to camp in accordance with University Policy. The allowance payable will be 2.0% of the weekly rate derived from the HEW level 3, step 7 annual salary.

93. CLINICAL LOADINGS

93.1 The University may pay loadings to its professorial and other eligible staff as follows:

• The clinical loading for a medically qualified full-time Professor, Associate Professor/Reader, Senior Lecturer and Lecturer employed in a full clinical department in a medical school and responsible for patient care will be $27,202 per annum.
• The para-clinical loading for a medically qualified full-time Professor, Associate Professor/Reader, Senior Lecturer and Lecturer employed in a para-clinical department in a medical school will be $18,156 per annum.
• The pre-clinical loading for a medically qualified full-time Professor, Associate Professor/Reader, Senior Lecturer and Lecturer employed in a pre-clinical department in a medical school will be $13,617 per annum.
• Whether a member of staff is entitled to a full clinical loading rather than to a loading of $18,156 or $13,617 per annum will be determined by the University in the light of the nature and extent of the staff member's patient-care responsibilities.
• The dentally-qualified clinical loading for a dentally qualified full-time Professor, Associate Professor/Reader, Senior Lecturer and Lecturer employed in a medical school or dental school in the teaching of medical or dental students will be $13,617 per annum.

93.2 Application

• All clinical loadings will be superannuable and will be paid to members of staff entitled thereto during periods of study leave, annual leave and long service leave.
• The loadings as provided above will be adjusted in line with salary increases specified in clause 26.

1. PROFESSIONAL STAFF ANNUAL SALARY RATES