Australian Workplace Agreements

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• Australian Workplace Agreements
• July/August 06

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Higher Education Workplace Relations Requirements

• introduced April 2005
• to access additional funding under Commonwealth
  Grant Scheme, ANU must offer choice of employment
  arrangements to its staff through
• The Enterpise Agreement or
• An Australian Workplace Agreement (AWA)
• ANU has already met earlier milestones re
  offering AWAs to new staff
• the process of offering AWAs to all staff MUST be
  completed by 31 August 2006
• VC will make this offer on 1 August 2006

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Higher Education Workplace Relations Requirements

• there is no quota on the number of AWAs
• there is no obligation on either the staff member
  or the University to enter into an AWA
• it will be up to each staff member to decide if
  they wish to accept an AWA, under terms and
  conditions agreed with the University
• staff may seek to enter into an AWA at any time

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NEW legal requirements for making workplace
agreements (WorkChoices).

• Your agreement must comply with the Australian
  Fair Pay and Conditions Standard.
• Your agreement must not contain prohibited
  content.
• Every employee must receive a copy of the correct
  OEA Information Statement.
• Every employee must have at least seven days to
  consider the proposed workplace agreement.
• Every agreement lodged must be accompanied by the
  correct Employer Declaration Form.

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Australian Fair Pay and Conditions Standard

• 5 minimum conditions. By law, no workplace
  agreement can provide conditions less than those
  in the Standard.
• a federal minimum wage, minimum award
  classification rates of pay, and casual loadings
  set by the Australian Fair Pay Commission
• four weeks paid annual leave per year (five weeks
  for continuous shift employees) up to two weeks
  of which can be cashed out in a workplace
  agreement
• ten days paid personal/carers leave per year and
  two days compassionate leave per occasion
• up to 52 weeks unpaid parental leave (maternity,
  paternity and adoption) and
• maximum ordinary hours of work limited to 38
  hours per week (which can be averaged over twelve
  months in an agreement or award) and reasonable
  additional hours.

6
AWAs

• closed and comprehensive individual agreement
  between ANU and staff member
• all staff members in comparable positions will be
  offered the same terms and conditions in an AWA
• establishes the terms and conditions of staff
  members employment
• must operate at the exclusion of, and will
  prevail over, any future Certified Agreement

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AWAs (cont)

• all ANU policies continue to apply, unless
  specifically excluded (by VC)
• some terms and conditions may be varied
• include changes to termination and performance
  management
• may only reward performance via formal
  performance review
• must be lodged with the OEA

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Termination

• The Staff Members employment may be terminated
  on the grounds of
• Failure to meet conditions of appointment as
  detailed in the Offer of Employment to the Staff
  Member,
• Failure to comply with Terms and Conditions of
  Employment contained in the Agreement,
• Redundancy,
• Early completion of project for which the Staff
  Member has been specifically engaged,

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Termination (cont)

• Cessation of funding from external funding body
  for the project to which the Staff Member has
  been specifically engaged,
• Underperformance,
• Serious Misconduct, or
• Ill health - where the staff member cannot
  reasonably be expected to resume duties for a
  period of 12 months

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Termination (cont)

• The staff member will be provided with four
  weeks notice of termination, except in the case
  of
• Redundancy for standard positions, where the
  notice period of 6 weeks for general staff and 8
  weeks for academic staff, and
• serious misconduct, where the staff members
  employment may be terminated without notice.
• The Staff Member may terminate their employment
  by providing the University with four weeks
  notice.

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Redundancy Standard Appointment

• If terminated for reasons of redundancy, the
  staff member will receive severance payment,
  together with the payment of any unused accrued
  annual leave.
• Such payments will be based on the staff members
  agreed normal hours of work.

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Redundancy Standard Appointment
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Performance Management

• The Parties to this Agreement agree
• a formal performance management process which
  rewards high performing individual staff and
  teams
• process will be based on the regular setting and
  review of performance objectives, linked to
  University goals
• reward for demonstrated consistent high
  performance will be considered
• reward may either be of a monetary or
  non-monetary nature

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Performance Management (cont)

• 5. Underperformance - the Staff Member will be
  assisted to improve their performance and reasons
  for non-performance will be taken into account
• 6. Ongoing underperformance or unsatisfactory
  performance may result in review processes which
  may lead to termination of employment
• 7. during any such process, the Staff Member
  will be afforded natural justice, and may invoke
  the dispute resolution procedure.

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What is in the offer?

• Invitation letter from the Vice Chancellor
• An online offer
• Letter of Offer template
• AWA template
• OEA information statement
• Link to payslip
• Procedures, FAQs
• Contacts within College, Division and HR

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AWA process

• Agreement reached between staff member and
  College/Admin Division
• Formal AWA is prepared by HRDiv
• Staff member has at least 7 days to consider
  offer
• Staff member signs, AWA is witnessed
  appropriately
• College/Admin Division sends AWA plus AWA
  Approvals Form to Employment Strategies Branch
  (ESB)
• ESB ? Director HR / VC for final approval
• ESB ? OEA (within 14 days of staff member
  signature)
• OEA issue filing receipt
• AWA recorded on ESP
• AWA filed on personnel file
• ESB gives copy to staff member

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AWA takes effect

• The AWA will come into effect either
• on the day it is lodged with the OEA or
• on the day specified as the starting day in the
  AWA,
• whichever date is the later.
• Note For new staff members, an AWA cannot take
  effect before they commence employment.

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What do areas do?

• Supervisor discusses AWA proposal with individual
• Areas assist staff members with information and
  discuss the offer with individual, if requested
• Redirect any issues to ESB
• Areas may not redraft any AWAs this must be
  done Centrally
• Send signed and witnessed AWAs to Central HR for
  processing (ASAP as ESB must lodge AWA with OEA
  within 14 days of staff member signature)

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QUESTIONS?

• More information on OEA website
• http//oea.gov.au/graphics.asp?showdoc/home/defau
  lt.asp
• Australian Workplace Agreements - Information
  Statement for Employees
• http//oea.gov.au/docs/employees/awa/ISE-AWA-0406.
  pdf
• Contact us in HRDiv awa_at_anu.edu.au
• Call us in HRDiv
• Paula Goodwin x54738 Karen Bail
  x54739
• Bradley Beasley x50106 Tane Power
  x54735
• HR reception x53346