Industrial Reform - the New Zealand Experience

1
Industrial Reform - the New Zealand Experience
A Case Study of the University of Otago
Emeritus Professor Phil Meade Deputy
Vice-Chancellor (Academic)
2
Industrial Reform in the University Sector The
New Zealand Experience- A Case Study of the
University of Otago

• Emeritus Professor Phil Meade
• 18 May 2004

3
The New Zealand Experience
Industrial Conciliation and Arbitration Act
1894 Employment Contracts Act 1991 Employment
Relations Act 2000
4
The New Zealand Experience
Formerly the
Blackball Hilton
5
The New Zealand Experience
1894-1991
1988 Significant change in employment terms and
conditions in New Zealand universities 1 Removal
of academic salary setting from the Higher
Salaries Commission 2 The Vice-Chancellor became
the employer of all University staff
6
The New Zealand Experience
1894-1991
Consequences
Immediate tension set up between the
Vice-Chancellor and staff
7
The New Zealand Experience
The Employment Contracts Act 1991 (ECA)
1 Removed the protected position enjoyed by
unions 2 Allowed individual staff to choose own
representation 3 Extended personal grievance
rights to all New Zealand workers
8
The New Zealand Experience
The Employment Contracts Act 1991 (ECA)
Consequences
1 New legislation - no elements of compulsion to
either bargain or settle 2 Period of ECA saw
little industrial action 3 Union movements
numbers plummeted
9
The New Zealand Experience
The Employment Contracts Act 1991 (ECA)
Consequences - Continued
4 Agreed terms between an employee and his/her
employer were paramount 5 An employment contract
like any other commercial contract
10
The New Zealand Experience
The Employment Relations Act 2000 (ERA)
1 Reintroduced the monopoly rights of unions to
bargain on behalf of their members 2 Only unions
can now negotiate Collective Employment
Agreements (CEA)
11
The New Zealand Experience
The Employment Relations Act 2000 (ERA)
Consequences
1 Change of mindset amongst union movement and
members 2 Now far more industrial action around
CEA bargaining 3 Staff salary expectations raised
by Government without provision of resources for
universities to respond
12
The New Zealand Experience
The University of Otago Experience
1 Positive working relationships with unions on
all matters except the question of pay
rates 2 Both University and staff favour higher
pay rates but University is not funded to do
so 3 Unions are putting pressure on the
Government via the Employer
13
The New Zealand Experience
The University of Otago Experience - Continued
4 Under ECA the University sought to enhance
institutional autonomy by promoting Enterprise
Collective Bargaining as opposed to National
Collective Bargaining 5 Under ERA Unions are
turning to Multi-Employer Collective
Agreements 6 The University is seeking to retain
institutional autonomy - a stance that is causing
friction
14
The New Zealand Experience

• Case Studies Implementing Industrial Relations
  Reform at the University of Otago
• 1995-2004 working with Association of University
  Staff (AUS) to develop HR policies
• confirmation
• development
• review
• promotion

15
Case Study 1 Working with the AUS to Develop HR
Policies Confirmation of Appointment Process

• Upon appointment, the HoD and staff member
  establish appropriate performance objectives and
  standards for teaching, research and service
• These are signed off by the Assistant
  Vice-Chancellor and the Deputy Vice-Chancellor
  (Academic) (DVCA)
• The normal confirmation period is 5 years
• A staff members progress is audited on an annual
  basis

16
Case Study 2 Working with the AUS to Develop HR
Policies
Scholarship Development Process

• A working group which included the DVCA, Director
  of Human Resources and AUS officials has
  developed a systematic approach to scholarship
  development for staff
• The process provides an opportunity for
  reflection on past achievements and clarification
  of future direction

17
Case Study 3 Working with the AUS to Develop HR
Policies
Assessment of Professorial Performance

• The performance of all professorial staff is
  evaluated biennially
• The process commences with either a self
  evaluation or a peer evaluation
• Following an interview between the professor and
  HoD, the HoD undertakes an assessment of the
  professors performance

18
Case Study 3 Working with the AUS to Develop HR
Policies
Assessment of Professorial Performance - Continued

• The Assistant Vice-Chancellor makes an overall
  evaluation and may add additional comment
• The professor then signs the form and may comment
• The Vice-Chancellor determines the outcome

19
Case Study 4 Working with AUS to Develop HR
Policies Academic Promotion

• In 1995 DVCA, Director of Human Resources and two
  AUS officials formed a working party to develop a
  criterion-referenced promotion process
• Ground rules agreed

• Of the three arms for promotion, teaching,
  research and service the first two were
  considered to be of equal status
• high competence in teaching cannot compensate for
  low competence in research and vice-versa

20
Case Study 4 Working with AUS to Develop HR
Policies
Schedule 5 - Promotion to Associate Professor
5.1 General Criteria - candidates shall be
required to show evidence of sustained
outstanding competence in two or more of the
three main functions of academic staff
5.2 Specific Criteria
21
Case Study 4 Working with AUS to Develop HR
Policies
Schedule 5 - Promotion to Associate Professor -
Continued
5.2.1 Sustained outstanding competence in
teaching The Vice-Chancellor will look for
outstanding ability to inspire high academic
endeavour and for original thought with respect
to teaching and will take into account
achievements in one or more of
a sustained record of fostering the full
development of individual student
talent b leadership in teaching and course
design terms ...
22
Case Study 4 Working with AUS to Develop HR
Policies
Promotion to Associate Professor Staffing
Advisory Committee

• DVCA is Chair
• Two members of AUS sit in as observers
• AUS members provide written feedback

23
Case Study 4 Working with AUS to Develop HR
Policies
AUS Feedback
Equity of process the process of promotions
was adhered to rigorously. The SAC members were
very considerate as to their role and took it
seriously. Overall we thought the process was
transparent, rigorous and fair. Comments from
HoD the quality of supporting statements from
HoDs were highly variable. It is important that
the HoD states whether and why the candidate has
met the criteria because the categorisation of
performance is closely scrutinised by the SAC.
24
Case Study 4 Working with AUS to Develop HR
Policies
AUS Feedback - Continued
Comment on DVCA we would like to acknowledge
and appreciate that the DVCA, as Chair, actively
encouraged our involvement and provided ample
opportunity for us to give feedback during the
meetings. Comment on the Otago Teaching Profile
(OTP) while the OTP takes a considerable
amount of time for staff members to develop, it
is clear that it has contributed to a more
informed and balanced assessment of overall
teaching performance.
25
Case Study 4 Working with AUS to Develop HR
Policies
AUS Feedback - Continued
The basis for assessing performance the
service category continues to be the area in
which it is most difficult to effectively assess
the level of performance. The very generality of
what counts as service as well as the lack of a
common benchmark against which to judge
ordinary as opposed to outstanding service
meant that SAC struggled on several occasions to
reach agreement on a candidates ranking.
26
The New Zealand Experience - Lessons for
Australia Current Industrial Relations Climate in
New Zealand

• An employment law environment based around good
  faith principles
• Assumes rational negotiation will arrive at sound
  solutions
• Provision in the ERA for employment relations
  education leave
• Allows individuals opportunity to pursue a
  personal grievance

27
The New Zealand Experience - Lessons for
Australia

• University of Otago Relationship with Unions
• Fairly positive working relationships with trade
  unions on all matters, except pay rates
• Most success in development and administration of
  HR policies
• AUS consistently professional and conscientious
• Over past decade unions have worked successfully
  with the University community and together have
  sustained a highly professional relationship