1

Log of Claims for CSU Enterprise Agreement 2012-2016

The NTEU seeks a Collective Agreement, to be known as the Charles Sturt University Staff Agreement and NTEU Enterprise Agreement 2012-1016 (“the Agreement”) with the University and its controlled entities including but not limited to Charles Sturt Campus Services Limited. We serve this Log of Claims to initiate enterprise bargaining and seek an Agreement which includes the following: 1. SALARY INCREASES AND EXPIRY DATE That the Agreement operates from the date of its approval and has a nominal expiry date of 30 June 2016. That the salary rates for all NTEU members employed by the University be increased by 7% per annum (flat) in accordance with the following schedule: To be calculated for each Branch as follows:

a) 7% from the day after the expiry of the former agreement (retrospectively applied)

b) 7% from the end of the eleventh month after the first increase c) 7% from the end of the 23rd month after the first increase d) 7% [or such lesser amount as brings the total increase to 7%p.a. flat over

the term of the Agreement] from the end of the 35th month after the first increase.

2. INDIGENOUS EMPLOYMENT TARGETS The University will review and improve its Indigenous employment strategy (including setting new binding targets) and incorporate these within the Agreement.

a) The University shall establish the position of Deputy or Pro Vice-Chancellor (Indigenous).

Appendix A

2

b) The University shall appoint an Indigenous Employment Coordinator as an identified Indigenous position.

c) That employees who identify and are accepted as members of Aboriginal or

Torres Strait Islander communities and as of Aboriginal or Torres Strait Islander descent by such communities shall be entitled to paid leave for the purpose of fulfilling ceremonial obligations.

d) That an employee who is required to use Indigenous Language in the

course of their employment shall be paid an Indigenous Language Allowance.

3. COVERAGE AND RENEGOTIATION That the Agreement apply to all employees of the University; or to those employees not covered by an unexpired Agreement if agreed by the parties. That the Agreement includes a commitment to resume negotiations with the NTEU no later than three months before its nominal expiry date. 4. GENERAL STAFF CLAIMS 4.1 Classification Procedures The job of each employee, including casual employees, will be classified in accordance with the following procedures and criteria:

a) All staff will have an agreed position description that matches the job they do, and position descriptions must be jointly reviewed at least once every five years or more frequently as part of annual review discussions. Position descriptions will be linked to relevant descriptors and position classification standards relevant to the work being done.

b) All staff will have regular access to an independent assessment or review of

their classification. In order to seek an assessment, a staff member will not require advance approval by their supervisor. The independent assessment will be carried out by a committee the members of which have been trained in objective classification methods against work value descriptors for each salary level with such descriptors directly forming part of the Enterprise Agreement. Such a committee will comprise an equal number of

Appendix A

3

members nominated by NTEU and the University management with a Chair agreed by the parties.

c) All re-classification applications must be dealt with in a timely manner with

successful applications back-dated at least to the date the employee first applied, with an appropriate right of appeal if an application is denied.

d) Research positions must be classified on the duties required, not on the

basis of the grant funds applied for or received. 4.2 Staff Development Fund

a) That in addition to existing staff development activities and programs, the University shall establish a centrally administered Staff Development Fund (equal to 1% of total general staff salaries) to provide real opportunities for staff development. Employees shall be given assistance for development for their current job or for a planned career with the University. Such a Fund will provide:

i. An ability for employees to regularly apply for funded staff

development and training programs and activities against agreed criteria.

ii. Assistance to pay tuition fees or study costs, including HECS relief, or to

reimburse a work area for an employee’s absence on an approved study program or activity provided that the Fund will not be used for management-initiated day-to-day work training.

iii. For a transparent and fair distribution of approved staff development

opportunities across all classifications and job streams – technical, professional, clerical, etc

iv. Some of the Staff Development Fund should be reserved for employees

who have not previously had development opportunities and for those who have been in the same job for a long time.

4.3 Mobility, Secondment, Exchange and New Appointment Opportunities The University shall establish a staff mobility program to give staff the opportunity to have short-term developmental secondments, job exchanges and/or periods of fixed-term appointments, and competitive access to vacant permanent jobs. The principal purpose of such a program is to widen the skills and experience of employees and to improve the efficiency and effectiveness of the University through

Appendix A

4

reduced staff turnover, lower staff appointment transaction costs and a more experienced and highly skilled workforce. For this purpose, the University will take the following initiatives:

a) A secondment register will be maintained to advertise secondment opportunities and to keep a register of secondment positions and interested staff.

b) General staff will have the right to apply for fixed term positions on merit

either through an agreed secondment arrangement or by assuming a fixed term appointment without giving up permanent employment with the University.

c) All vacancies of up to 12 months, and all leave replacements, will be

advertised as internal secondment opportunities in the first instance, and preference will be given to internal applicants for such opportunities.

d) A fixed term staff member will have the right to apply for any permanent

job. e) Positions must be advertised internally in the first instance, and positions at

Levels 1-5 will always be given to internal applicants who meet the selection criteria.

f) Positions will be advertised on every campus.

4.4 Excessive Workloads That the Agreement provide that the University shall take all reasonable steps to ensure that employees are not working hours in excess of the ordinary hours of work prescribed by the Agreement, except in circumstances where the employee is receiving the appropriate overtime as prescribed. Flex time will accumulate and such accumulations will not be forfeited. 4.5 Professional Recognition of General Staff The Agreement will specify that the university-wide generic description of employees currently designated as general staff will be Professional Staff or Professional and Technical Staff.

Appendix A

5

5. ACADEMIC WORKLOAD CLAIM That the Agreement provide definitions of teaching and teaching related duties, research and research administration, and teaching administration. The Agreement will also provide an acknowledgement that academic administration duties, including, but not limited to course accreditation and course leadership, must be time costed and taken into account when allocating workload. The Agreement will provide entitlements for relief from the intensification of teaching and teaching related duties, including, but not limited to administration associated with teaching. The Agreement will provide that allocation of workloads will take specialist roles into account. The Agreement will provide clarity around the break-up of duties within specialist roles and acknowledgment that academics undertaking intensive research higher degree supervision, also need to have one session out of three free of teaching. The Agreement will provide that planned leave be taken into account when allocating workload and that adequate resources are provided to replace employees on planned leave. The Agreement will provide an entitlement to adequate resources for teaching including, but not limited to appropriate infrastructure in a good state of repair and cleanliness. 6. ACADEMIC WORKFORCE ISSUES That the Agreement provide for the creation of positions equal to 20% of the EFT for casual academics engaged in teaching at the University (according to the higher of the current “estimated casual” numbers and the previous “actual casual” numbers reported to DEEWR). These will be new continuing positions created over the period of the next agreement, to permanently replace and reduce casual academic teaching employment, and to be classified as Scholarly Teaching Fellows with an incremental range of 5 steps in the existing structure, commencing at the PhD point. It is understood that these Scholarly Teaching Fellows will usually be teaching focused positions, with a maximum teaching load of up to 70%, with remaining time being available for other activities (including an entitlement of 20% for scholarship and/or research). The functions of these positions shall be properly defined in the Agreement, and there will be a capacity for possible access to the full Level B range following a career review in the first 3 years’ of appointment. That the teaching duties of these positions be made up of no less than 80% of the work previously done by casual employees, and be continuing appointments, either

Appendix A

6

full or part time. The duties of an employee who has been made redundant (voluntary or otherwise) must not be allocated to these new positions within 3 years of the redundancy. That these positions should be available on an open and competitive basis to any person who has had at least one year’s academic employment experience in an Australian university (but not including a previous or current continuing academic appointment). The above outcomes will require negotiation of the distribution of the various academic functions within the entry level academic workforce. It will also require a comprehensive workload framework which:

a) Protects and strengthens limits on teaching and teaching related duties, particularly for the large number of academic staff with teaching and research responsibilities;

b) Provides job security protection for current and future academic staff who

wish to focus on scholarly teaching; and c) Prohibits the advertising of other new positions, or existing or vacant

teaching and research positions, as teaching focused positions. 7. EXISTING CONDITIONS OF EMPLOYMENT AND ORGANISATIONAL RIGHTS That the Agreement protect all existing conditions of employment and rights of employees, whether individual, collective or organisational (union rights), whether included in current Agreements or not, whether currently legal rights or custom and practice. 8. SUPERANNUATION

a) That the Agreement provide for employer superannuation contributions of at least 17% over the life of the Agreement for all employees.

b) That the Agreement incorporate, or provide for the incorporation of, the

outcomes of the deliberations of the Uni Super Working Party involving the Board of UniSuper, Universities Australia and the Union (insofar as these pertain to the employment relationship or the relationship between the University and the NTEU).

Appendix A

7

c) That the Agreement provide that from 1 July 2013 all employer superannuation contributions for employees will not be subject to an age-related ceiling.

9. DOMESTIC VIOLENCE That the Agreement:

a) Include an agreed statement of principle about domestic violence, and provide for the joint development of policies and protocols to address circumstances where an employee is dealing with matters arising from or as a result of domestic violence; which shall include appropriate referral arrangements to relevant agencies, and the promulgation of the policies to staff and especially supervisors.

b) Provide that no employee will be disadvantaged in her/his employment

because of the consequences of his/her dealing with matters arising from or as a result of domestic violence; and

c) Provide for the granting of sufficient paid special leave for an employee to

deal with matters arising from or as a result of domestic violence, including but not limited to:

i. Seeking safe housing;

ii. Attending medical/counselling appointments; iii. Attending court hearings and access legal advice; iv. Organising alternate care or education arrangements for children; and v. Rebuilding support networks with children, family or others.

10. DISPUTE SETTLING PROCEDURES That the Agreement provide:

a) Fair, effective and timely arbitration of disputes regarding any industrial matter at the request of either party to the Agreement, and Union involvement in all dispute settlement leading to arbitration.

b) The status quo as it stood prior to the matter in dispute arising to stand

until the dispute is resolved;

Appendix A

8

c) For employees to dispute a decision to refuse access to flexible work arrangements as specified in Section 739 (2) of the Fair Work Act; and

d) Transitional provisions to ensure the fair and appropriate carry-over of

disputes and proceedings from the previous Agreement. 11. REDUNDANCY AND CONSULTATION ABOUT CHANGE That consultation arrangements prior to organisational change be improved, including consultation through local workgroup and individual meetings with remaining staff (staff whose positions have not been identified for potential redundancies) to consider the implications of the potential redundancies, taking into account issues including but not limited to:

i. Workloads; ii. Student load;

iii. Curriculum reform; and iv. Work Health and Safety.

That the Agreement provide for the maintenance of the overall size of the University’s workforce over the life of the Agreement and ensure that an employee can be declared surplus to requirements only in circumstances where the work done by the employee is no longer required to be performed by anyone. 12. ENVIRONMENTAL SUSTAINABILITY That the University take steps to reduce its carbon emissions and ensure all its operations are environmentally sustainable in order to secure long term sustainability of conditions for university employment and staff job security. Further, that staff be protected from being disadvantaged in their employment as a result of raising issues related to environmental responsibility in the workplace. 13. IMPROVED CONDITIONS FOR CASUAL EMPLOYEES The Agreement provide for intellectual property protection for casual academics, codification and payment for necessary non-teaching duties (e.g. attendance at school or unit meetings and student consultation), access to professional development and minimum resources/facilities.

Appendix A

9

That the Agreement provide clarity around casual teaching rates, including but not limited to, time allocations for distance education teaching and tutorial preparation. 14. LIMITING INSECURE WORK That the Agreement will limit the use of casuals, and ensure that ongoing work is performed by permanent staff. That contracts of employment will advise the reason or reasons that employment is offered on a fixed term or casual basis. That the agreement will provide a mechanism for correcting situations where positions are characterised as fixed term outside the terms of Clause 21.6 of the current Agreement. That the agreement will provide employees on fixed term contracts an entitlement to conversion to ongoing employment in certain circumstances. 15. GRANT FUNDED RESEARCH STAFF That the Agreement provide for the right of conversion to continuing employment of all long-term contract research staff who meet defined criteria. 16. FIXED TERM EMPLOYEES AND PARENTAL LEAVE That employees (other than replacement employees) whose fixed term contracts terminate while the employee is pregnant shall be entitled to such contract extension as would be necessary to take them to the end of parental leave if they had been continuing, except where the work required is actually to be discontinued. 17. EARLY CAREER DEVELOPMENT FELLOWSHIPS SCHEME That the Agreement provide for Early Career Development Fellowships. Over the life of the Agreement, the University will advertise and appoint existing casual academic staff to Early Career Development Fellowships so that the positions describe at least 1% of payroll. These positions will be centrally funded and will be teaching and research or research only academic fixed term contracts of two years duration. These positions will only be available to existing casual academic employees, who will register their interest and eligibility each year. Eligibility will be restricted to casual academic employees within defined criteria. Appointments will be made on academic merit. At the completion of an ECDF, a further fixed term appointment may be made, subject to the employee’s satisfactory progress and continuing requirement for the position. The second appointment will be convertible to continuing employment, subject to academic merit. If no conversion

Appendix A

10

is available, the employee shall be advised at least three months before the expiry of the second contract. 18. CONSULTATION That the Agreement provide for an agreed definition of consultation. Further that the Agreement specify the process of consultation including but not limited to the operation of a Union Consultative Committee. 19. PAY EQUITY That the Agreement provide for provision of information to the NTEU and staff on pay relativities between men and women, including committing that the University publishes an annual report on pay relativities, which reviews all components of salaries and pay. Further, that the University acts to immediately remedy any pay inequity identified by these annual reviews, via measures involving consultation and agreement of the NTEU. 20. PROCEDURAL FAIRNESS AND REVIEW MECHANISMS That the Agreement improves appeal and review processes (including by having an

independent chairperson agreed by the parties from the agreed pool of external

Chairpersons) and improve and/or extend access to appeals for a range of

employment matters for all staff, including:

Unsatisfactory Performance

Disciplinary actions

Probation

Incremental progression

Promotion

Investigation of complaints That the Agreement provides for new staff:

a) Probation procedures with transparency in due process and natural justice; b) A review of decision to not confirm an appointment by a tri-partite panel

including union representation

Appendix A

11

c) A maximum probation for academic staff of 12 months and general staff of 6 months.

That the agreement strengthens and enhances the regulation of Performance Management and Development, ensuring that collegiality, procedural fairness and the role of the union is strengthened. Further, ensuring that the developmental support is adequately integrated with the regulation of workload allocation and equity. That the Agreement provide that resources, including, but not limited to research support, administrative support for research and infrastructure, are available to facilitate the successful completion of probation, performance management and/or career development. That the Agreement will ensure that in performance management, career paths and in all forms of job security protections, the use of ERA journal rankings will not apply. That the procedures for recruitment and selection be improved and regulated by the Agreement. That the Agreement provide greater clarity and transparency in the recruitment and selection process, including, but not limited to, guidelines for the use of eligibility lists and a merit selection process for all positions longer than six months duration. The Agreement will provide that all available positions are advertised on all campuses. That the procedures for Academic promotion will be improved and regulated by the Agreement, providing, among other things, greater transparency. 21. WORK/LIFE INTERFERENCE That the Agreement ensures that requirements of employees should assume a healthy balance between work and family/life needs. That the agreement will provide for improved rights to flexible work, improvements to hours of work, including but not limited to a spread of hours of 9am to 5pm except by agreement, improvements to shift work including that security guards not be required to work alone, improvements to carers leave, improvements to flexitime and overtime, improvements to special leave, including more examples of when special leave may be granted and a more extensive list of people for whom special leave regarding bereavement is available, improvement to non-primary carer parental leave. That the Agreement provide for 36 weeks paid parental leave for either parent who is the primary carer at any time in the first two years of the child’s life with no qualifying period. That the Agreement provide for equity in career paths for staff in all forms of

Appendix A

12

flexible work, and ensure no discrimination against staff involved in caring work. That the Agreement provide improved long service leave entitlements, including increasing the amount of long service leave, that long service leave entitlements become available after five years service, long service leave at half pay, that if providing 6 months notice of intention to take long service leave, then the employee may take the leave at the time and in the form of their choice. That the Agreement provide for paid leave for all staff over the usual Christmas shut down without deduction from personal leave. The Agreement will provide that positions are properly resourced for replacement when the incumbent goes on planned leave.

That the Agreement provides for:

a) Free childcare to all full time staff on all campuses, and free pro rata child care for part-time staff;

b) Financial remuneration for child care costs associated with staff required to

attend University business at other campuses or external locations; or c) Full cost support for travel and accommodation for dependent minors

required to travel with parents who are required to attend University business at other campuses or external locations.

d) That the University provide improved access to on-campus

breastfeeding/parental room facilities for University staff and students and notes that family refers to same-sex, transgender, intersex and heterosexual relationships.

22. UNION RIGHTS AND RESOURCES That the Agreement (or other appropriate instrument or arrangement where appropriate or necessary due to any legal limitations) provide for facilities, resources, time release, union training, union meetings, encouragement of Union membership, time release for the NTEU Branch President or nominee and other benefits for the Union and Union members to assist in the settlement of disputes.

Appendix A

13

23. DEDUCTIONS FROM SALARY AT REQUEST OF EMPLOYEES That the Agreement provide at no charge for the deduction from salary, at the request of the employee, of trade union dues and levies, and the forwarding of these by the University to the Union. 24. WORK ENVIRONMENT, EQUITY AND HEALTH AND SAFETY That the Agreement provides commitments to healthy and safe workplaces, with health and safety training and procedures for representation of staff. That the Agreement provide for fair treatment of employees, the resolution of disputes, and remedial action to follow breaches of the Agreement. That the Agreement provide for equity in all elements of work, and ensure that workplaces that are free from discrimination of any kind. That where any inequities between Academic and General Staff employment conditions are identified, they will be improved to the higher standard. 25. WORKERS COMPENSATION That the Agreement provide for injured staff to receive full pre-injury earnings during incapacity until they can return to work – or until retirement. That the Agreement provide for the University taking out workers compensation insurance to cover each employee for Journey Claims not covered by the NSW Workers Compensation Legislation. 26. WORKPLACE BULLYING That the Agreement provide a definition of bullying and effective procedures for dealing with and eliminating Workplace Bullying which incorporate procedural fairness and review of decisions. 27. TRAVEL/WORK FROM HOME That the University provide a commitment and strategies in the Agreement to reduce the travel requirements of staff at CSU. That the Agreement provides travel time be paid at overtime rates where overtime would normally apply and that academics required to travel on weekends have the time calculated as double time in relation to their workload model. Further, that the Agreement include provisions which ensure greater access to “working from home” arrangements.

Appendix A

14

28. SEPARATION FROM EMPLOYMENT That the agreement provide for shorter periods of notice of resignation by academic staff where this is mutually agreed. 29. SALARY SACRIFICE ARRANGEMENTS That the Agreement provide improved arrangements for salary packaging and salary sacrifice, in order to assist with the recruitment and retention of quality staff.

Appendix A