3 INTRODUCTION

3.01 Definitions

• 'AAA' - see Equal Opportunity for Women in the Workplace Agency;
• 'Aboriginal' - see 'Aboriginal or Torres Strait Islander';
• 'Aboriginal or Torres Strait Islander means that you identify as an Aboriginal person or as a Torres Strait Islander and members of your community regard you that way. The University prefers to use the word 'indigenous';
• 'Accredited Assessor' means a person accredited by the Commonwealth management unit to assess an individual's productive capacity under the Supported Wage System;
• 'Act' means the Workplace Relations Act 1996;
• 'adviser' means an adviser appointed and trained for the purposes of the Performance Management System;
• 'applicant' for intellectual property means a staff member or a person enrolled as a student of the University;
• 'AIRC' means the Australian Industrial Relations Commission;
• 'Assessment instrument' means the form used in the Supported Wage System to record assessments of productive capacity;
• 'ATSI' - see 'Aboriginal or Torres Strait Islander';
• 'bullying' in the workplace is repeated treatment of a person by another or others that is less favourable, unsuitable and unreasonable. It includes behaviour that intimidates, offends, degrades or humiliates you. It may take place in private, or in front of other staff, students or other persons with whom the University has dealings. Bullying may or may not be associated with unlawful discrimination;
• 'casual employment' means that the University employs you by the hour and pays you on an hourly basis that includes a loading related to other Agreement based benefits for which you are not eligible;
• 'Commission' means the Australian Industrial Relations Commission;
• 'Community Service Consultancy' is consultancy you carry out as a University staff member or using University resources for charity, community or a public purpose where such activities involve little or no risk of litigation. The activity is to be treated as University Consultancy if this low risk requirement is not met;
• 'consult' or 'consultation' means that the parties will have meaningful discussions with full
• exchange of relevant information and with the views of either party being considered before making final decisions;
• 'consultancy' means that you provide professional services, including research and development activity, to an external party for a fee or other consideration. There are two categories of consultancy:
  • private consultancy;and
  • University-based consultancy which may be a University consultancy or a Community Service consultancy;
• 'Company' or 'the Company' for intellectual property means Macquarie Research Limited;
• 'continuing' employment is all employment other than 'fixed-term' or 'casual'. It may be on a full-time or part-time basis;
• 'continuous service' to be considered for the purposes of leave, severance payments and termination payments may include continuing, fixed-term and casual employment. The continuity of service will not be affected ('broken') by periods of approved leave without pay or by breaks in service of less than 3 months or during non-teaching periods but these breaks will not be counted as service. Years of qualifying part-time orcasual service will be worked out on a pro rata basis;
• 'contracted through a University Company' means the University reaches an agreement to provide the necessary services to the University Company for an agreed cost and the University Company in turn enters into a consultancy contract with an external party to supply those services for payment or other consideration;
• 'days' or 'day' means working days not calendar days, unless stated;
• 'dependent child' means a child who lives with you and is aged 18 years or under or, if a full-time student, is aged 21 or under;
• 'Deputy Vice-Chancellor' means the Deputy Vice-Chancellor (Academic) unless otherwise stated;
• 'DETYA' is the Department of Education, Training and Youth Affairs;
• 'direct discrimination' means treatment that is obviously unfair or unequal. For example, if the University does not appoint you just because you are a woman this is be likely to be direct sex discrimination;
• 'disability' very broadly means any physical, sensory, neurological, intellectual, psychiatric or learning disability, and includes physical disfigurement, the presence in the body of disease-causing organisms (for example the HIV virus) and total or partial loss of part of the body or a bodily function. It also includes a temporary, permanent, current, past or future disability;
• 'Disability Support Pension' means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991;
• 'disciplinary action' means action by the University to discipline you for unsatisfactory performance, unsatisfactory behaviour, misconduct, or serious misconduct and is limited to:
  • formal censure or counselling (only these are available for unsatisfactory behaviour);
  • demotion by one or more Levels or increments;
  • withholding of an increment;
  • suspension with or without pay; and
  • termination of employment (only for serious misconduct and persistent and unresolved unsatisfactory performance);
• 'discrimination' means treating you differently because of prejudgments based on your personal characteristics. The grounds for discrimination include:
  • sex;
  • age;
  • compulsory retirement;
  • transgender;
  • marital status;
  • pregnancy or potential pregnancy;
  • family or carer responsibilities;
  • colour; race; ethnic, ethno-religious or social origin;
  • sexual preference;
  • political or religious belief;
  • trade union membership or activity;
  • past, present, future or presumed disability; and
  • HIV or AIDS status;
• 'EEO' means equal employment opportunity, which requires that the University must treat you and all staff equitably for all benefits and rights, including those available under this Agreement and in the workplace generally;
• Equal Opportunity for Women in the Workplace Agency (EOWA) administers the Equal Opportunity for Women in the Workplace Act 1999, which replaced the Affirmative Action (Equal Employment Opportunity for Women) Act 1986;
• 'Equal Opportunity Policy' is made by University Council and published in the University Calendar. It opposes discrimination, harassment or victimisation of staff and students on any of the grounds listed under 'discrimination';
• 'fixed-term employment' means employment for a specified term or ascertainable period, for
• which:
  • the instrument of appointment will specify the starting and finishing dates,(or the circumstance(s) or contingency relating to a specific task or project, on the event of which the term of the employment will run out);
  • and for which, during the term of employment, the contract cannot be ended by the University, other than during a probationary period, or for cause based on serious misconduct;
• 'fractional' - see 'part-time';
• 'full cost recovery' means full cost recovery under the principles of the AVCC and the Trade Practices Act 1974, and specifically means the recovery of all direct and indirect costs associated with a consultancy including overheads of central administration, Division, Office and any University Company;
• 'Head' means Head of Division or Office unless there is a specific reference to a Head of College or Head of Department;
• 'home based work' means regular performance of ordinary hours of duty at your home based site;
• 'home based site' means a private home proposed by you for home based work;
• indigenous' is the word preferred by the University and in this Agreement to describe you if you identify as an Aboriginal person or as a Torres Strait Islander and members of your community regard you that way;
• 'indirect discrimination' means having a requirement that is the same for everyone but has an effect or result that is unfair to particular groups. For example, not looking at your overseas skills and training when deciding your commencing salary step could be indirect race discrimination;
• 'inherent duties' means those duties of your position that are essential to its existence and for which it is not possible to substitute different activities or different methods of operation;
• 'intellectual property' includes rights for patents, copyright, registrable designs, the legal protection conferred by the Circuits Layouts Act 1989 and the Plant Breeders' Rights Act 1994, trade marks, confidential information and trade secrets, and any other intellectual property rights that become enforceable by law during the term of this Agreement;
• 'Intellectual Property and Contracts Committee' is the Committee that advises the Vice-Chancellor on policy matters relating to the University's intellectual property, and on the management of contractual agreements, intellectual property and its commercial exploitation;
• 'lecture' means any education delivery described as a lecture in a course or unit outline, or in an official timetable issued by the University and includes any equivalent delivery through other than face-to-face teaching mode;
• 'long-term casual' means you have been employed on a casual basis at various times in at least 3 of the preceding 5 semesters;
• 'market loading' or 'performance-based, market-related salary loading' means a loading on top of a salary rate or rates offered when the University has experienced sustained difficulty in recruiting and keeping staff in the face of market competition; and which is maintained if the recipient satisfies the requirements of the PMS;
• 'misconduct' means conduct that is not serious misconduct but is still conduct that is unsatisfactory;
• 'misconduct in research' or 'scientific misconduct' means fabrication, falsification, plagiarism, or other practices that seriously deviate from those commonly accepted by the academic or research community for proposing, conducting or reporting research;
• 'negotiate' or 'negotiation' means discussion between the parties to reach a consensus on proposals;
• 'ODEOPE' (Office of the Director of Equal Opportunity in Public Employment) administers the EEO program aimed at achieving fair outcomes in Public Sector employment and improving employment opportunities for women, Aboriginal people and Torres Strait Islanders, members of ethnic groups, and people with a disability;
• 'ordinary rate of pay' means the total payment you are entitled to receive for performing your ordinary hours of work and will not include overtime, penalty rates, disability allowances, shift allowances, market loadings, special rates or any similar payment;
• 'parties' means the University and the Union(s);
• 'partner' means your partner in either a heterosexual or same-sex relationship. It includes spouse, wife and husband, including someone in a de facto relationship with you;
• 'part-time employment' means you are employed for less than the normal weekly ordinary hours for a full-time staff member, for which all Agreement rights are paid on a pro rata basis worked out by reference to the time worked;
• 'PMS' means the Performance Management System;
• 'private consultancy' means consultancy you carry out for payment or other consideration in your personal capacity as an individual or through a partnership, private company, trust, or any similar entity, as opposed to consultancy in your capacity as a staff member of the University. Directorships and Partnerships are included in this category, as is part-time employment with external organisations;
• 'pro rata', if you are part-time, means that a condition or benefit will be provided to you in the same proportion that your hours, term or length of service bear to those of a full-time staff member of the same Classification and Level;
• 'pro rata', if you are a long-term casual, means that a condition or benefit that is available will be given to you in the same proportion that the average hours in the last three semesters worked (allowing for preparation time) bear to those of a full-time staff member of the same Classification and Level;
• Pro Vice-Chancellor should be read to mean the Deputy Vice-Chancellor (Administration) and for the Pro Vice-Chancellor (Administration), if appointed;
• 'reasonable adjustment' means helping you if you have a disability to be able to do your work more effectively by changing some feature of your work situation, such as improving your access to buildings and rooms, changing equipment, re-designing your job or work areas, and using more flexible work practices;
• 'registrable intellectual property' or 'registrable intellectual property right' means a patentable invention, registrable design, plant variety, trade mark, or other intellectual property right for which registration is necessary or desirable for itsprotection or creation;
• 'review' means an examination of a matter by the parties to gain mutual advantage;
• 'serious misconduct' means:
  • serious misbehaviour of a kind that is a serious impediment to the carrying out of your duties or to other staff members carrying out their duties;
  • serious dereliction of the duties required of your position;
  • your conviction by a court of an offence that is a serious impediment to the carrying out of your duties or to other staff members carrying out their duties;
• sexual harassment is a sexual advance or demand for sexual favours, or conduct of a sexual and coercive nature directed at someone who does not welcome it. It is not mutual attraction between people. Sexual harassment may include:
  • sexual jokes, offensive telephone calls, displays of obscene or pornographic material;
  • sexual propositions or persistent requests for dates;
  • physical contact such as patting, pinching or touching you in a sexual way, unnecessary familiarity such
  • as deliberately brushing against you;
  • suggestive comments about your appearance or body;
  • leering, wolf whistles,catcalls or obscene gestures;
  • or indecent exposure, sexual assault and rape;
• 'staff member(s)' means persons employed as Academic staff, English Language Centre Teachers and General staff by the University, whether they hold full-time, part-time or casual appointments. Although they are not Academic staff, a reference to 'Academic staff' will include English Language Centre Teachers unless otherwise stated;
• 'staff member(s)' for the purposes of intellectual property includes all persons invited to take part in the research or teaching program of the University as visiting staff;
• Staff News is the fortnightly newsletter for staff, in printed and electronic forms;
• 'supervisor' means a senior staff member authorised to direct the work of other staff members on a day to day basis;
• 'Supported Wage System' means the Commonwealth system to promote employment for people who cannot work at full wages because of a disability (see 'Supported Wage System: Guidelines and Assessment Process');
• 'tenure', 'tenured', 'tenurable' - not used now, see 'continuing';
• 'Torres Strait Islander' - see 'Aboriginal';
• 'tutorial' means a form of education delivery where matters in a unit are discussed, clarified or elaborated. A tutorial is conducted:
  • in a small group to allow effective student participation;
  • under guidelines issued by the lecturer in charge of the unit;
• 'Union' or 'Unions' means the National Tertiary Education Industry Union (NTEU) and/or the Community and Public Sector Union (CPSU);
• 'unit', as shown in the Schedule of Units of Study in the University Calendar, is a specific set of lectures, tutorials etc., presented over a semester or a year and assessed under a unit name;
• 'the University' means Macquarie University;
• 'University-based Consultancy' includes University Consultancy and Community Service Consultancy and includes all professional activity requiring the use of the University's name, services, space, facilities, equipment, or paid work time;
• 'University based site' means the University or other location where you would normally work if there were no home based work arrangement;
• University Company means a company wholly owned by the University and nominated by the University for consultancy activity. The eligible companies are now:
  • Macquarie Research Ltd;
  • CMBF Ltd; and
  • Macquarie Graduate School of Management Pty Limited;
• 'University Consultancy' is the main type of Consultancy. It is the provision of professional services and products to external parties for payment or other consideration. It includes teaching services provided to other organisations. University Consultancies must be contracted through a University Company;
• 'University member' includes all staff and students of the University;
• 'web' means electronic access to information and communication whether called the World Wide Web, intranet or internet, or similar;
• 'work practice' means a customary activity (including a management practice) not set by an Award or Agreement but which eases, supports or restricts the performance of an identified job or task.

3.02 Intent of the Agreement

3.02.02 This Agreement supports cultural change in industrial relations at the University by keeping the focus of important elements of industrial bargaining and consultation on the University.

3.02.03 This Agreement will achieve ongoing improvements in productivity, efficiency, effectiveness, quality, flexibility, and equity through the contributions of all parties. You and all staff, the University and students of the University will share benefits coming from these improvements.

3.02.04 This Agreement will further the parties' aim of maintaining and enhancing the harmonious industrial relations environment in which the Union and the University may continue to bargain and consult about proposals in the University and to negotiate outcomes of mutual benefit.

3.02.05 This Agreement replaces the Macquarie University General Staff Enterprise Agreement 1997 and the Macquarie University Academic Staff and English Language Centre Teachers Enterprise Agreement 1997.

3.02.06 The changes made by this Agreement do not represent an overall reduction in your terms of employment below those that you and other staff would receive under any relevant Award.

3.02.07 This Agreement does not affect your right or that of the University to take a matter of discrimination to any State or Federal jurisdiction.

3.03 Availability of the Agreement

3.03.01 Copies, summaries or extracts of this Agreement will be:

• given to you, as a continuing or fixed-term staff member, in printed form or, if you have a vision or print disability, in a suitable form;
• available on the Personnel Office website; and
• available for you to inspect in the Personnel Office.

3.04 Area, Incidence and Duration of the Agreement

3.04.02 One bargaining unit for all staff will carry out future bargaining.

3.04.03 The Agreement applies from 12 January 2001 up to and including 31 March 2003.

3.04.04 This Agreement replaces these Awards and Agreements as they relate to staff employed under this Agreement:

• Higher Education General and Salaried Staff (Interim) Award 1989;
• Australian Universities Academic and Related Staff (Salaries) Award 1987;
• Universities and Post Compulsory Academic Conditions Award 1999;
• Australian Universities Academic Staff (Contract of Employment and Other Matters) Interim Award 1988;
• Australian Higher Education Practice Teaching Supervision Award 1990;
• Second Tier Settlement For Academic Staff in Higher Education Institutions 1988;
• Academic Structural Efficiency Agreement 1991;
• Higher Education (Contract of Employment) Award 1998;
• Teachers (English Language Centres of Australian Universities) Conditions Of Employment Award 1996;
• National Training Wage Award 2000;
• Tertiary Education Superannuation Scheme (TESS) - Superannuation Award 1988.

3.05 Workplace Bargaining

3.05.02 Any other arrangements reached through workplace bargaining will be given legal force through Agreements certified under Division 4 of Part VIB of the Act.

3.05.03 Workplace bargaining is enterprise specific (the University is the enterprise). Agreements reached through workplace bargaining here will not be a flow-on of arrangements reached in other enterprises through workplace bargaining.

3.05.04 A purpose of workplace bargaining is improvement in productivity, efficiency, effectiveness, quality, flexibility, and equity. In that context:

• these improvements will be genuinely due to workplace reform;
• the University during the term of this Enterprise Agreement
  • will not try to cut the overall size of the work force;
  • will not try to increase systematically the level of casual employment;
  • will not retrench any staff member because of the introduction or use of flexible learning programs;
  • but reserves the right to use targeted redundancies, as a last resort, as reductions in staff become necessary in some areas where restructuring occurs;
• the Union will cooperate with the University to achieve efficiencies in the organisation and delivery of units and the streamlining of processes, and help the University to reach external funding targets;
• the Union will cooperate in the review of committees to reduce the number and size of committees and the frequency of meetings;
• Resource Committees will give advice to Heads;
• the University will continue to provide programs for your professional development, training and career progression;
• arrangements to achieve equal opportunity and affirmative action will continue. The University will act to remove and ensure the absence of direct, systemic and indirect discrimination in recruitment, advancement and terms of employment;

• in the design of management plans and charters, and action plans or strategies;
• in conducting surveys of staff and collecting of EEO information and statistics needed to report to external agencies; and
• to help to meet communication needs of workplace bargaining;
• the University will conduct an EEO Climate Survey to identify any discrimination and to find ways to remove this discrimination.

3.05.05 Family/carer responsibilities of staff involve hidden costs in financial and other terms. These costs particularly affect career paths for women, who have lower salaries on average and are more likely to be sole parents and responsible for the care of dependants.

3.05.06 The University will progressively put in place strategies to provide child care for your dependent children, if you are not a casual, where your work occurs or continues outside regular child care arrangements.

3.05.07 The University will report annually to staff on its existing and proposed childcare strategies for supporting staff members, including casual staff, with dependent children. Reports will have strategies for pre-school children, primary school children and young teenagers.

Pay Equity

3.05.08 There should be no widening of pay relativities between women and men. The average of all parts of salaries (including loadings and allowances) of staff in each group will be compared to work out pay relativities.

3.05.09 The University will publish a full annual report on pay relativities between women and men, for both General and Academic staff, including:

• pay relativities between women and men for the whole University;
• pay relativities between women and men in each Level;
• pay relativities between women and men for each Office and Division.

3.05.11 Where there is a discrepancy in pay relativities of more than 5%, either on average across the University or at a Level, for both General and Academic staff, action will be taken during the term of this Agreement after consultation to try to fix the discrepancy.

3.05.12 Factors that may play a role in causing a disparity in average salaries for different groups of staff may include deliberate or unconscious discrimination, systemic discrimination, years of service, access to work attracting overtime or penalty rates, and qualification levels.

3.05.13 The parties agree that the information now available on these factors in the University is inadequate and that, in the first instance, the measurement of pay relativities under 3.05.08 and 3.05.11 may be crude.

Career Equity and Career Advancement

3.05.14 The University and the Union are committed to career equity.

3.05.15 Service to the University in this Agreement includes recognition of aggregate periods of continuous and discontinuous employment in the higher education industry, wherever legally possible.

3.05.16 Selection, probation and promotion criteria will properly value and represent the skills and experiences of women and members of other groups covered by EEO principles.

3.05.17 The University will continue to put in place strategies designed to overcome career path obstacles for all staff but with particular emphasis on removing the disadvantage experienced by women and members of other groups covered by EEO principles.

3.05.18 The University will continue to put in place procedures and training, as monitored by the University's EEO Officer, to make sure that all selection, probation and promotion committees:

• properly understand and apply the criteria in 3.05.16;
• are sensitive to the special needs of individuals arising from different career histories or histories of special disadvantage; and
• give proper recognition to their skills and experiences.

Indigenous Employment Strategies

3.05.20 Positive steps will be taken to recruit indigenous staff in proportion to the distribution of indigenous people in the Australian community.

3.05.21 The University will hire an indigenous consultant to advise the University before 31 December 2000 on the design and carrying out of strategies to get the following outcomes during the term of this Agreement:

• the setting up of networks and alliances to allow a supply of suitably qualified indigenous people, particularly from graduates and students of the University;
• employment of indigenous persons as full-time continuing General staff members in at least one vacancy in each Office and Division at Level 3 to at least Level 6. Each appointee will be transferred to another vacant position in the Office/Division after 2 years, leaving the position to be filled again under this strategy;
• appointment of 2 postgraduate fellows (as provided in 6.02.06) in each College, with the fellows being given preference for any suitable Associate Lecturer vacancy that occurs in the relevant Division until 2 years after the completion of the fellowship;
• identification of all General and Academic positions in Warawara for preference to be given to suitably qualified indigenous staff, with an appropriate Discipline Profile to be put in place;
• identification of training, strategies for career progression and other needs relating to these appointments, both for the staff members and for the management and staff of the Offices and Divisions, about preparatory and pre-employment training, cross-cultural awareness training, and mentor support. Warawara and CPD will have responsibilities for most of this training;
• carrying out methods and procedures to assess the success of the strategy or strategies and to make sure that they may be replicated in the next Enterprise Agreement, with suitable improvements.

3.05.23 A staff member in the Personnel Office will be appointed to administer the strategy or strategies, under the oversight of a committee including the EEO Officer, who will chair, and representatives of CPD, Warawara, and the Personnel Office.

Implementation of the Agreement

3.05.24 The parties will meet to help the implementation of this Agreement, dealing with grievances or potential disputes arising from the observation of the Agreement's terms by the University, the Union or staff. Either team leader may ask for a meeting within 10 working days.

3.05.25 The University and Union will not try to take over the role of collegial, representative and University deliberative and decision-making bodies.

3.05.26 Matters that may lead to workplace change or affect working conditions will be referred by and/or to the parties at suitable stages for consultation under this clause. Details should be provided to the parties where the proposals before these bodies will affect the workloads or Levels of appointment of staff or require their reskilling or retraining.

3.06 Variation of the Agreement

3.06.02 Any further Agreement about staff employed by the University to be certified under Division 4 of Part VIB of the Act can be certified only if it is an Agreement with one or more of the relevant Unions.

3.07 Re opening of Bargaining

3.07.02 Either party may re-open negotiations 3 months before the expiry of the Agreement for bargaining and settling any replacement Agreement.