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[2011] FWAA 1970

DECISIONFair Work Act 2009 s.185—Approval of enterprise agreement

UNSW Global Pty Limited(AG2011/7071)

UNSW GLOBAL (UNSWIL LANGUAGE TEACHING EMPLOYEES) ENTERPRISE AGREEMENT 2010

Educational services

DEPUTY PRESIDENT HAMILTON MELBOURNE, 31 MARCH 2011

Application for approval of the UNSW Global (UNSWIL Language Teaching Employees) Enterprise Agreement 2010.

[1] An application has been made for approval of an enterprise agreement known as the UNSW Global (UNSWIL Language Teaching Employees) Enterprise Agreement 2010 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UNSW Global Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 7 April 2011. The nominal expiry date of the Agreement is 7 April 2013.

[4] The National Tertiary Education Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

[2011] FWAA 1970

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Printed by authority of the Commonwealth Government Printer

UNSW GLOBAL PTY LIMITED (UNSWIL LANGUAGE TEACHING EMPLOYEES) ENTERPRISE

AGREEMENT 2010

24 January 2011

PART 1 ARRANGEMENT

1.0 ARRANGEMENT

CLAUSE CLAUSE TITLE Page NUMBER

PART A GENERAL MATTERS

1.0 Arrangement 1 2.0 Title 2 3.0 Interpretations and Definitions 2 4.0 Duration and Operation of Agreement 5 5.0 Application 5 6.0 Relationship with other Agreements and Awards 6 7.0 Implementation of Agreement 6 8.0 UNSW Global Policies 6 9.0 Dispute Settling Procedures 7

PARTB SALARIES AND RELATED MATTERS

10.0 Salaries 8 11.0 Allowances 8 12.0 Superarmuation 9 13.0 Salary Sacrificing Scheme 10 14.0 Equalisation of Salary 10

PARTC MODES OF EMPLOYMENT

15.0 Types of Employment 11 16.0 General Terms and Conditions of Employment 13

PARTD HOURS OF WORK AND RELATED MATTERS

17.0 Hours of Work and Overtime 15

PARTE WORKPLACE MANAGEMENT

18.0 Managing Change in the Workplace 18 19.0 Professional Development 21 20.0 Incremental and Accelerated Progression 21 21.0 Management of Unsatisfactory Performance and Misconduct 22 22.0 Probation 23

PARTF LEAVE ENTIEMENTS AND CONDITIONS

23.0 General Leave Conditions 24 24.0 Annual Leave 25 25.0 Long Service Leave 26 26.0 Sick Leave 28

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27.0 Carer's Leave 29 28.0 Compassionate Leave 29 29.0 Parental Leave 30 30.0 Special Leave 35 31.0 Observation of Holy Days and Essential Religious or Cultural 36

Duties 32.0 Jury Leave and Witness Leave 36 33.0 Defence Forces Leave 36 34.0 Study and Examination Leave 37 35.0 Public Holidays 37

PARTG OTHER MATTERS

36.0 Individual Flexibility Arrangement 38 37.0 Indigenous Employment and Equity 38 38.0 Implementation Committee 38 39.0 Compensation for Loss or Damage to Personal Property 39 40.0 Occupational Health and Safety (OH&S) 39 41.0 Union Arrangements 39 42.0 Employee Personnel Files 40

PARTH SCHEDULE

Schedule I Full-Time Salary Rates 41 Schedule 2 Casual Salary Rates 42 Schedule 3 Individual Flexibility Arrangement 44

2.0 TITLE

This agreement will be known as UNSW Global (UNSWIL Language Teaching Employees) Enterprise Agreement 2010 (Agreement).

3.0 INTERPRETATIONS AND DEFINITIONS

3.1 References to Office Holders

In this Agreement a reference to a particular officer or to the holder of a particular office includes a reference to the person for the time being occupying or acting in the office concerned or to a nominee of the office holder.

3.2 Use of Language

For the purposes of this Agreement, words used in the singular include words in the plural and vice versa, unless the context otherwise requires.

3.3 Defmitions

In this Agreement the following words mean:

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Term Meaning

(a) Act Fair Work Act 2009 (Cth) as amended.

(b) Chief Executive Chief Executive Officer ofUNSW Global Pty Limited. Officer (CEO)

(c) consult and UNSW Global will provide relevant information (orally or in consultation writing), the affected parties will confer, and the views

expressed will be taken into account before a final decision is made by UNSW Global.

(d) contact hours the hours of work in which the employee is engaged in face-to-face teaching and supervision of students in scheduled classes, laboratories, tours and excursions, including time spent consulting with students inside scheduled teaching programs, but does not include time spent in course preparation and administration. Time allocated to required in-service training will entail a reduction in contact hours and preparation and administration related to those contact hours.

(e) continuous service that period of service with the UNSW Global (or the University of New South Wales [but not UNSW Asia]) including breaks in service of up to six (6) weeks.

(0 Director of Studies a position to which responsibility for the overall (DOS) management, supervision and administration of a department

(division) within the Institute is assigned, and which may include teaching duties.

(g) employee a staff member of UNSW Global Pty Limited whose employment is covered by this Agreement in any class of work which forms a substantial part of the duties of the classifications of:

(i) Language Facilitator; (ii) Senior/Specialist Teacher; (iii) Principal Senior/Specialist Teacher; (iv) Head of Studies (HOS); or (v) Principal Head of Studies (HOS).

(h) employee a person, such as the Union or another employee, chosen by representative an employee to undertake representations to UNSW Global

on their behalf, provided that the person is not a practicing solicitor or barrister in private practice.

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(i) Head of Studies an employee who is assigned the responsibility for the (HOS) management of a significant program, activity or subcampus

and whose duties include teaching.

(j) immediate family (i) an employee's spouse or partner (including defacto partner, former defacto partner and same gender partner) or;

(ii) an employee's child (including foster child, grandchild, step-child, or a child for whom the employee is the legal guardian);

(iii) an employee's parent (including foster parent, step-parent and parent in law), grandparent, step-grandparent, and sibling (including sibling of a spouse); and

(iv) a person who lives in an employee's household.

(k) Language an employee engaged to conduct, teach, prepare and assess Facilitators language classes, and/or perform any or all of the following

duties as may be required by a Director of Studies: supervise language laboratories, assess essays and assignments, consult with students outside class times and prepare course or teaching materials.

(I) parties UNSW Global and the National Tertiary Education Industry Union (NTEU).

(m) Principal Head of an employee who, III addition to being assigned the Studies responsibility for the management of a significant program,

activity or sub-campus and whose duties include teaching, is responsible for 20 or more classes (400 or more contact hours). This is not a substantive appointment and is to apply only where student class numbers reqUIre such an appointment for a temporary period.

(n) Principal Senior an employee who, in addition to performing the duties of a Specialist Teacher Senior Specialist teacher, is responsible for 4 or more classes

(80 or more contact hours). This is not a substantive appointment and is to apply only where student class numbers require such an appointment for a temporary period.

(0) redundant position a position that UNSW Global has decided it no longer requires as part of its business.

(p) service service with New South Global Pty Ltd, the University of New South Wales (UNSW) ([but not UNSW Asia]), and with any other service recognised by UNSW Global for servIce purposes.

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(q) Senior/Specialist an employee who in addition to the duties defined for a Teacher Language facilitator is assigned responsibilities which may

include some or all of the following duties for one or more courses or activities: co-ordination of teaching and/or teaching related activities, superviSIOn of language facilitators including related administrative duties, preparation and design of course structure and syllabus, auditing syllabus across similar offerings of the Institute, allocation of teaching duties, timetabling, in-service teacher training and consultation, student selection, academic counselling, study tour proposal co stings and liaison and other associated administrative duties.

(r) supervisor a Director of Studies (DOS), or a nominee of the Director, who may be a Head of Studies (HOS) or a Senior/Specialist Teacher.

(s) Union the National Tertiary Education Industry Union (NTEU).

(t) UNSW University of New South Wales

(t) UNSW Global Pty the employer of the employees covered by this Agreement. Limited (UNSW Global)

4.0 DURATION AND OPERATION OF AGREEMENT

This Agreement will take effect seven (7) days after it is approved by Fair Work Australia and will have a nominal term of two (2) years from the date it is approved byFWA.

5.0 APPLICATION

(a) This Agreement covers:

(i) UNSW Global; and

(ii) employees employed by UNSW Global.

(b) This Agreement does not cover:

(1) an employee holding the position of Director, Institute of Languages (or equivalent title);

(ii) an employee holding the position of Director of Studies (DOS) (or equivalent title);

(iii) academic and general staff employed by the University of New South Wales (UNSW);

(iv) other separate legal entities controlled by UNSW; or (v) other teaching or general staff employed by UNSW Global (eg; Foundation

Studies).

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(c) Clause 21.0 - Management of Unsatisfactory Perfonnance and Misconduct - of this Agreement will not apply to:

(i) an employee serving a period of probation; or (ii) a casual employee.

6.0 RELATIONSIDP WITH OTHER AGREEMENTS AND AWARDS

(a) This Agreement replaces and rescinds the UNSW Global (UNSWIL Language Teaching Employees) Enterprise Agreement 2008.

(b) This Agreement wholly displaces and operates to the exclusion of the provisions of any modem awards and agreements that would otherwise apply to employees whose employment is regulated by the provisions of this Agreement.

(c) It is the intention ofUNSW Global that negotiations on a replacement agreement will commence three months prior to the nominal expiry of the Agreement.

7.0 IMPLEMENTATION OF AGREEMENT

(a) A copy of this Agreement will be will be placed on the website and be available for inspection upon request by any employee.

(b) An employee may choose to be represented by the employee's union representative or other representative in relation to any matter or process set out in this Agreement.

(c) For the purposes of facilitating the implementation of this Agreement, an Implementation Committee will be established (see clause 38.0).

8.0 UNSW GLOBAL POLICIES

(a) UNSW Global will develop and/or maintain a range of policies, procedures and guidelines on human resources matters (such as workplace bullying, code of conduct). Where policies, procedures and guidelines which have a significant and substantial impact on employees are developed or reviewed during the life of this Agreement, UNSW Global will consult with employees as part of UNSW Global's general consultation processes.

(b) Disputes arising from the implementation of UNSW Global policies of the kind referred to in subclause 8.0(a), other than disputes regarding the interpretation, application or operation of any provision of this Agreement, will not be referred through the disputes settling procedures of this Agreement.

(c) Nothing in this Agreement will be taken as incorporating as a tenn of this Agreement any UNSW Global policy, procedure or guideline referred to in it.

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9.0 DISPUTE SETTLING PROCEDURES (a) The following dispute resolution procedures must be followed to settle a dispute about

the interpretation, application or operation of any provision of this Agreement or in relation to the National Employment Standards.

(b) A reference to an employee in this clause may include more than one (1) employee.

Notification of Dispute

(c) An employee, or the Union or employee representative acting on their behalf, will in the first instance notify the CEO, in writing, of the dispute ("the dispute notification"). The dispute notification must include details of the dispute and the resolution sought by the employee.

Dispute Meetings

(d) The employee, and the Union or employee representative acting on their behalf, and representatives of UNSW Global, will meet within five (5) working days of the dispute notification to try to resolve the dispute, unless the parties agree in writing to a different timeframe. Where a significant number of employees are party to the same dispute, a subgroup of the employees, and the Union or employee representative acting on their behalf, will meet with representatives ofUNSW Global within five (5) working days of the dispute notification.

Second Dispute Meeting

(e) Where a dispute is not resolved following the procedure in subclause 9 .O( d) and the employee wishes to proceed with the dispute, the employee, or the Union or employee representative acting on their behalf, must refer the dispute, in writing, to the CEO ("the referral notification") within five (5) working days of the holding of the meeting referred to in subclause 9.0(d) above. The referral notification must include details of the dispute and the resolution sought by the employee. The employee, andlor the Union or employee representative acting on their behalf, and representatives of UNSW Global, will meet within five (5) working days of the referral notification to try to resolve the dispute, unless the parties agree in writing to a different timeframe.

Referral of Dispute to FW A

(f) Where a dispute is not resolved following the procedures in subclauses 9.0(d) and 9.0(e), a party may refer the dispute to Fair Work Australia (FWA) for resolution by mediation andlor conciliation, or where mediation andlor conciliation does not resolve the dispute, by arbitration.

(g) If an application for arbitration is made, FW A may exercise any of its powers under the Act and as set out in this Agreement, and any additional powers granted to FW A by agreement of the parties to the dispute. The decision of FW A will be implemented by the parties, subject to either party exercising a right of appeal against a decision of FWA.

(h) As an alternative to FWA, the employee and UNSW Global may agree to refer the matter to an external mediator or arbitrator in order to resolve the dispute. A mutually

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agreed arbitrator may exercise such powers and functions granted by agreement ofthe parties to the dispute.

General

(i) Subject to subclause 9.00) below, while the dispute resolution procedures referred to at subclause 9.0(d) and 9.0(e) is being conducted, UNSW Global will not change work, duties, staffing or organisation of work which is the subject of the dispute.

G) Clause 9.0(i) above does not apply where the matter in dispute is related to the following clauses: clauses 18.5: - Process - Redeployment and Retrenchment; 21.0 -Management of Unsatisfactory Performance and Misconduct; and 22.0 - Probation-of this Agreement.

PART2 SALARY AND RELATED MATTERS

10.0 SALARIES

10.1 Salary Adjustments

(a) The salaries to be paid to employees covered by this Agreement are set out in Schedule 1 - Full-Time Salary Rates (Per Annum) - and Schedule 2 - Casual Salary Rates (Per Hour) - of the Agreement.

Salary Date of Salary Increases Increase

4.0% 1 January 2011

4.0% 1 January 2012

(b) During the life of this Agreement, no further salary increases, other than those prescribed at subclause 10. 1 (a) above, are payable to employees under this Agreement.

11.0 ALLOWANCES

The salary rates contained in Schedule 1 of this Agreement include all prescribed allowances, other than those specified in clause 11.1 below (and elsewhere in this Agreement).

11.1 Higher Duties Allowance (HDA) and Appointment to a Higher Graded Position

(a) A substantive position of an employee will be filled by an acting employee for any vacancy arising for more than (5) days, except where there is no necessity to fill the substantive position because the workload for that vacancy is sufficiently low due to downturn in program activities.

(b) A HDA will be paid to an employee who;

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(i) is appointed by UNSW Global in an acting capacity to perform all of the duties of a higher classified position for more than five (5) consecutive working days; and

(ii) performs the higher duties required to be performed during the appointment.

(c) The rate of pay to apply for the HDA will be an amount equal to the difference between the minimum salary of the higher classified position and the normal salary received by the employee when in the substantive position.

(d) "Salary" means the appropriate salary payable during the period the employee is required to perform temporarily the duties of the higher classified position. Any increases in salary during that period will be applied during the period of the temporary position.

(e) An employee may be appointed temporarily to a higher graded position which becomes vacant. During that period, the employee will receive the appropriate salary for the higher graded position. At the end of the period, the employee will revert to their substantive position.

(f) An employee who receives a HDA for a continuous period of six (6) months or more will be entitled to receive payment of the higher classified position for the amount of annual leave accrued during the period of the HDA, provided that annual leave is taken not later than twelve (12) months after expiry of the HDA (eg; an employee who has received payment of a HDA for nine (9) months will be entitled to receive payment of the HDA for fifteen (15) days of accrued annual leave, regardless of whether such leave is taken in one or more periods).

(g) The payment referred to in 11.1 (f) above will not apply to any other form of leave.

11.2 First Aid Allowance

An employee appointed by UNSW Global as a First Aid Officer will be paid an allowance of $600 per annum.

12.0 SUPERANNUATION

(a) Where a current employee is an existing member of a Commonwealth or State superannuation scheme or the Special Purposes Superannuation Scheme, UNSW Global will make employer superannuation contributions in accordance with the relevant scheme.

(b) In all other cases, UNSW Global will make the following employer superannuation contributions:

(i) 17% of ordinary time earnings if the employee is a continuing employee or is employed on a fixed-term contract of two years or more; or

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(ii) 9% of ordinary time earnings if the employee is employed on a fixed-term contract of less than two years or is a casual employee whose wages are $450 or more per calendar month.

(iii) 3% of ordinary time earnings if the employee is a casual employee who earns less than $450 per calendar month but more than $2,135 in either of the six month periods between I January and 30 June or 1 July and 31 December each year.

(c) Provided that UNSW Global's Trust Deed and Deed of Covenant with UniSuper so allow, an employee who is a member of UniSuper and who is eligible to receive the employer superannuation contribution specified in clause 12.0(b)(i) may elect to make reduced employee superannuation contributions to increase take home salary or to access any other superannuation flexibility so allowed by the relevant Trust Deed and Deed of Covenant.

13.0 SALARY SACRIFICING SCHEME

(a) By written agreement with UNSW Global, an employee may receive a non-monetary benefit in lieu of salary provided that the total value of the non-monetary benefit and salary is no less than the salary entitlement the employee would otherwise receive.

(b) An employee may withdraw from the salary sacrificing arrangement by giving eight (8) weeks notice.

(c) If an agreement is made under subclause 13.0(a) any other payment calculated by reference to the employee's salary and payable during employment, or on termination of employment, will be calculated by reference to the substantive salary, i.e., the amount including the value of the non-monetary benefit.

14.0 EQUALISATION OF SALARY

(a) Equalisation of salary is a flexible payment of salary arrangement, available in particular, but not exclusively, to those employees who are continuing employees working on a sessional basis, which allows those employees' total annual hours of employment to be equalised and paid over the entire calendar year.

(b) An employee and UNSW Global may, by agreement, agree to equalise their salary so that the annual earnings are paid in equal portions over the whole year, rather than only those weeks where work is performed.

(c) Where the above arrangement is entered into, the employee will be entitled to all benefits to which he or she would otherwise have been entitled on the same proportion as in subclause 14.0(b) above.

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PART C - MODES OF EMPLOYMENT

15.0 TYPES OF EMPLOYMENT

(a) UNSW Global will employ an employee on terms that correspond with one or other of the types of employment prescribed in clauses 15.1 to 15.4 (inclusive).

(b) To avoid doubt, nothing in this clause prevents an employee engaging in additional work as a casual employee in work unrelated to, or identifiably separate from, the employee's normal duties.

(c) An employee employed on a continuing or a fixed-term basis may be employed in either a full time or a part-time capacity.

(d) All entitlements of an employee employed on a part-time basis in this Agreement are paid on a pro-rata basis calculated by reference to the time worked as a proportion of the time worked by a full-time employee in the same classification.

15.1 Continuing Employment

(a) Continuing employment means employment with no fixed end date. All employment other than fixed-term employment and casual employment will be continuing employment.

(b) In recognition of the importance of attracting and retaining employees, UNSW Global will, wherever reasonably practicable, use continuing employment in preference to other forms of employment.

(c) UNSW Global will invite and consider, in the first instance, any applications submitted by existing casual, fixed term or continuing employees of UNS W Global to try to fill any substantive UNSW Global positions of continuing employment.

15.2 Fixed-Term Employment

(a) Fixed-term employment means full-time or part-time employment for a specified period or task and which will not be terminated during the term of an employee's employment contract, except:

(i) where the position held by an employee is made redundant in accordance with clause 18.0 - Managing Change in the Workplace - of this Agreement; or

(ii) for unsatisfactory performance or for misconduct in accordance with clause 21.0 - Management of Unsatisfactory Performance and Misconduct - of this Agreement, or

(iii) during a probationary period in accordance with clause 22.0 - Probation - of this Agreement.

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(b) In relation to other matters contained in this Agreement, a fixed-term employee will be entitled to the same terms and conditions of employment as would apply to a continuing employee engaged in an equivalent classification and working an equivalent fraction of full-time, except where specifically excluded by this Agreement.

(c) Where it is known by UNSW Global that work (and funding) is available for a period often (10) weeks, with a total weekly hours of work of not less than ten (10) teaching hours, UNSW Global will offer to employ a person for this period and for these number of hours on fixed term employment and not on casual employment. Nothing in this Agreement restricts the ability of UNSW Global in such circumstances to offer fixed term employment for a further period or periods, such as twelve (12) months.

15.3 Part-time Employment

(a) Part-time employment means hours of work of less than thirty-five (35) hours per week but not normally less than 17'h hours per week.

(b) An employee employed on a part-time basis may be required to perform the full range of duties specified for the full-time position.

(c) All entitlements of an employee employed on a part-time basis will be paid on a pro-rata basis calculated by reference to the time worked as a proportion of the time worked by a full-time employee in the same classification.

15.4 Casual Employment

(a) Casual employee means a language facilitator employed to teach or perform casual teaching or teacher related duties and who is paid on an hourly rate of pay prescribed in Schedule 1 of this Agreement. The casual rate of pay includes a casual loading of the amount referred to at subclause 15 .4(b) below to compensate the casual employee for employment benefits not available to such employees.

(b) A casual employee will be paid, in addition to the hourly rate, the following casual loading:

(i) 24% payable from 1 January 2011 until 31 December 2011. (ii) 25% payable from 1 January 2012.

(c) The casual hourly rate includes payment for 30 minutes of preparation, marking and/or administration for each hour of face-to-face teaching.

(d) A casual employee will be paid on the first pay day following the fortnightly pay period in which a claim for the hours of casual employment work has been submitted by the employee to UNSW Global.

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16.0 GENERAL TERMS AND CONDITIONS OF EMPLOYMENT

16.1 General

(a) Full-time and part-time employees are required to give four (4) weeks of written notice of resignation or be subject to the payment or forfeiture of four (4) weeks' pay if notice is less than four (4) weeks, unless the CEO agrees to accept a shorter period of notice.

(b) Subject to the prior approval of the CEO, an employee will be entitled to engage in part-time professional work in addition to their UNSW Global duties as defined by their supervisor.

(c) All employees will be provided with a signed copy of their contract of employment.

(d) New employees will normally undertake an induction program during work-time to familiarise them with the Institute and identify required duties and skills.

(e) Each employee will be informed of the name and position of the person who is their supervisor.

16.2.1 Position of Senior/Specialist Teacher

(a) A Senior/Specialist teacher may be employed on either continuing or fixed term employment.

(b) During the period in which an employee employed in a position of Senior/Specialist Teacher is required to co-ordinate two (2) or three (3) classes (40 to 60 contact hours per week), the employee will be paid at not less than Step I of the Senior/Specialist Teacher classification scale set out in Schedule I of this Agreement.

16.2.2 Position of Principal Senior/Specialist Teacher

During the period in which an employee employed in a position of Senior/Specialist Teacher is required to co-ordinate four (4) or more classes (80 or more contact hours per week), the employee will be paid, pro rata, the salary rate for Principal Senior/Specialist Teacher set out at Schedule 1 of this Agreement.

16.2.3 Position of Principal Head of Studies

During the period in which an employee employed in a position of Head of Studies is responsible for 20 or more classes (400 or more contact hours per week), the employee will be paid, pro rata, the salary rate for Principal Head of Studies set out at Schedule 1 of this Agreement.

16.3 Terms and Conditions of Fixed-term Employment

(a) The letter of appointment of an employee appointed to a position for a fixed term will include the following information:

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(i) duties and responsibilities to be performed; (ii) salary classification; (iii) commencing salary; (iv) the dates on which the employee's fixed term appointment starts and

finishes; and (v) the name of the industrial instrument that governs the employee's conditions

of employment.

(b) The letter of appointment of an employee appointed to a position for a fixed term will not be processed for payment of salary and other purposes until the signed letter is received by UNSW Global.

(c) An employee appointed to a position for a fixed term will be entitled to all benefits of this Agreement, except where a contrary intention is expressly stated in this Agreement.

(d) Where an employee appointed to a position for a fixed-term is subsequently appointed to a continuing position in UNSW Global, the period of fixed-term employment will be recognised for applicable leave purposes.

16.4 Notice of Cessation of a Fixed-term Contract

An employee appointed to a position for a fixed-term of one (1) year or more will be provided with the following written notice by UNSW Global of whether or not their fixed-term appointment will be renewed upon expiry of their current contract:

Period of Continuous Service

• 1 year or more but less than 2 years • 2 years or over

16.5 Severance Payment

Notice Period Required

at least 3 weeks at least 4 weeks

An employee appointed to a position for a fixed term (other than one employed to replace a continuing employee absent on leave) whose contract is not renewed in circumstances where the employee seeks to continue employment will be entitled to a severance payment in accordance with subclause 16.6 hereunder where either of the following circumstances apply:

(i) the employee has had a period of continuous service of two (2) years or more and is employed on a second or subsequent fixed term contract and the duties are no longer required by the Institute; or

(ii) where the employee is employed on a fixed term contract for two (2) years or more and where the duties of the kind performed continue to be required, but another person has been appointed to perform the same or substantially similar duties.

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16.6 Severance Pay Entitlements

Where an employee is entitled to severance payment, the following will apply:

Length of continuous service

2 years or more to less than 3 years 3 years or more to less than 4 years 4 years and over

Severance pay

4 weeks pay 5 weeks pay 6 weeks pay

PART D - HOURS OF WORK AND RELATED MATTERS

17.0 HOURS OF WORK AND OVERTIME

17.1 Ordinary Hours of Work

Ordinary hours of work for full-time employees will be thirty-five (35) hours per week. Such hours will be worked between 8.00am and 10.00pm, Monday to Friday, inclusive.

17.2 Meal Breaks

(a) An employee will be entitled to a meal break of not less than thirty (30) minutes, Monday to Friday, and, except with the prior permission of the relevant Director of Studies, not more than one (1) hour will be allowed for each meal. Provided that where, in such circumstances, an employee is required to work any portion of their meal break, such time will count as part oftheir ordinary working hours.

(b) An employee will not be required to work authorised overtime beyond 6.00pm without a meal break of at least thirty (30) minutes, which will not count as time worked. An employee will not be required to work more than five (5) hours without a meal break.

17.3 Annual Teaching Hours

The annual teaching requirement for language teaching staff will be forty-one (41) weeks (820 hours).

17.4 Contact Hours

(a) The contact hours to be worked by the various classifications of employees are as follows:

(i) Language facilitators will be responsible for a maximum of 20 contact hours per week;

(ii) Senior/Specialist Teachers will be responsible for a maximum of 14 contact hours per week; and

(iii) Heads of Studies will be responsible for a maximum of 8 contact hours per week.

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(b) An employee will be required to perform no more than six (6) hours per day of face-to-face teaching.

(c) Notwithstanding the teaching contact hour arrangements referred to in subclause 17.4(a), an employee may make a request in writing to teach up to twenty-four (24) contact hours in a normal working week. In such circumstances, the following conditions will apply:

(i) the number of contact hours and the period in which such hours are to be worked must be agreed in advance between UNSW Global and the employee;

(ii) the average teaching hours per week must be no more that twenty (20) for the teaching term or the teaching year; and

(iii) any contact hours worked in excess of twenty (20) will not attract overtime payment.

(d) On any day, Monday to Friday, there will not be more than eight (8) hours between the commencement and completion of duty, except that the employee and UNSW Global agree to vary this arrangement.

17.5 Classes after 6.00pm

(a) A full-time or part-time employee's weekly contact hours may be scheduled to include evening teaching, provided that an employee will not be so scheduled for more than two (2) evening classes in any week, except that an employee may, with the prior approval of the Director of Studies, elect to work for more than two (2) evening classes in any week.

(b) Evening classes will be scheduled so as to conclude by not later than 9.00pm.

(c) The starting time for any formal commitment will not be before 11.00am on the day after an evening commitment finishing after 8.00pm, unless the employee, with the prior approval of the supervisor, elects to vary this arrangement.

17.6 Overtime

(a) Subject to subclauses 17.4(c), 17.6(b) and 17.6(c), an employee authorised to work in any of the following circumstances will be paid the applicable overtime rate set out in subclause I 7. 6( c ):

(i) more than the number of ordinary hours per week set out in clause 17.1; or (ii) more than the contact hours set out in clause 17.3; or (iii) outside the daily span of hours as outlined in clause 17.1 (i.e., before 8.00am

or after 1O.00pm, Monday to Friday, inclusive); or (iv) on Saturday or Sunday or a public holiday.

(b) The overtime arrangements referred to in subclause 17.6(a) will not apply to employees who elect to undertake duties associated with accredited language tests, including CULT, PEAT, IELTS, TOEFL, TOBIC, and OET or to teaching duties for

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any PEAT workshops outside of an employee's ordinary hours of work. Such teaching duties will be paid in accordance with this subclause 17 .6( c) below.

( c) The payment of teaching duties in relation to PEAT workshops outside of ordinary hours of work will be paid at the applicable rate set out in Schedule 1 of this Agreement and not at overtime rates.

(d) The payment of work, or the rates of pay giving rise to such payment, associated with the delivery of accredited language tests for IELTS, TOEFL, TOBIe, and OET will not be made through any provisions under this Agreement, but in accordance with contractual arrangements made between UNSW Global and the relevant external agency for such tests.

(e) Where overtime is worked, an employee will be paid at the following rates:

(i) Monday to Saturday

• one and a half times the ordinary rate of pay for the first two hours and double the ordinary rate of pay thereafter;

(ii) Sunday

• double the ordinary rate of pay; and

(iii) Public holidays

• two and a half times the ordinary rate of pay.

(f) The minimum payment of overtime will be three (3) hours, at the overtime rates in clause 17 .6( e), where overtime is worked:

(i) on a Saturday or a Sunday; or (ii) on a public holiday.

17.7 Meal Allowance

An employee authorised to work in either of the following circumstances will be paid a meal allowance, following current UNSW Global practice, in addition to any overtime payment:

(i) for a period of two (2) hours beyond their normal finishing time and beyond 6.00pm; or

(ii) overtime for more than five (5) hours on a Saturday, Sunday or a public holiday;

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17.8 Variation to Hours of Work

With the approval of the relevant Director of Studies, an employee may vary their contracted hours per week. An employee who requests a reduction in their number of hours of work on a temporary basis may not be guaranteed a return to their original number of hours of work on the cessation of such temporary reduction, unless an agreement to return to the original number of hours has been made prior to the reduction in hours taking effect.

17.9 Class Sizes

(a) UNSW Global will apply the regulations provided for by governing bodies (including NEAS, DIAC) in relation to class sizes and student ratios, provided that where there is an inconsistency between the regulations and any applicable legislation (ESOS Act), the applicable legislation will apply to the extent of any inconsistency.

(b) It is recognized by subclause 17.9(a) above that changes are occurring to both the National Code and to the Peak body, NEAS, and that the changes in regulatory requirements will be incorporated by this clause. Current legislative & industry regulated requirements include a student class ratio to classroom space (2m2 per student) for international students, and NEAS accredited classes of 18 students. Class sizes for core UNSWIL courses not covered by specific regulations will be no more than 20 without prior agreement by the teacher.

(c) For the purposes of subclause 17.9(b), "core UNSWIL courses" refers to MEP, EAP; GPE; Modern Languages; and Language Teacher Education current courses (but does not include study tours or new course initiatives).

PART E WORKPLACE MANAGEMENT

18.0 MANAGING CHANGE IN THE WORKPLACE

This clause will not apply to a casual employee although a casual will not be excluded from relevant information and from attending a meeting held pursuant to this clause due to their employment status.

18.1 General principle

(a) The sound management of workplace change requires the involvement of the people who will be affected by that change.

(b) An employee's union representative or other representative will have the same rights to consultation and access to documentation as conferred on an employee under this clause.

(c) UNSW Global will consider any proposal to minimise or eliminate the need for retrenchments at any time, provided that nothing in this clause prevents an employee expressing an interest in redeployment, voluntary redundancy, a pre-retirement

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contract (in appropriate circumstances) or other options for consideration by UNSW Global. Retrenclnnents will only occur as a last resort.

18.2 Minor workplace change

UNSW Global will consult with employees who may be directly and significantly affected by minor workplace change issues prior to the formal implementation of any change. UNSW Global will allow a reasonable time frame for consultation to take place.

18.3 Major Workplace Change

(a) Major workplace change occurs in situations that have a major and substantial impact on the employee, such as, but not limited to:

(i) possible forced job losses; (ii) outsourcing; (iii) significant restructuring across an entire organisational unit; or (iv) relocation to another campus that involves unreasonable additional travel.

(b) Where major workplace change is proposed UNSW Global will:

(i) meet and consult with directly affected employees; and (ii) provide a detailed workplace change proposal (in writing) to directly affected

employees as part of the consultation process.

(c) The detailed workplace change proposal will include an outline of the proposed changes, the reasons for the change proposal, the impact on employees, and the likely timeframe for consultation and implementation.

(d) Directly affected employees (and any chosen employee representative(s)) will have an opportunity to respond to the proposed change and UNSW Global will consider any altemative(s) put forward. Directly affected employees will be advised formally of any changes to the original proposal prior to implementation.

(e) In filling positions in any new structure UNSW Global will ensure that:

(i) employees employed on a continuing or fixed-term contract basis, whose positions remain in the new structure and are not significantly changed, will continue to hold their positions in accordance with their contract of employment; and

(ii) employees whose positions do not remain in the new structure will be given first opportunity to apply for any new positions that have been created or made vacant in the restructure.

(f) Where, following the processes referred to at subclause 18.3(e) above, an employee does not hold a position in the new structure, UNSW Global may place the employee in a position elsewhere within UNSW Global at the same or higher salary level where the employee is considered to hold the necessary skills, qualifications and experience

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for the position. Where no such placement is made by UNSW Global, the provisions of subclause 18.4 will apply.

18.4 Implementation of Redundancies

Where a decision is made by the CEO to declare a position redundant following the completion of processes referred to in clause 18.3 above, the redundancy and redeployment provisions of subclause 18.5 will apply, subject to subclause 18.6 below. Where an application is made by UNSW Global to FWA pursuant to subclause 18.7 below, the redundancy and redeployment provisions of clause 18.5 will not apply until the UNSW Global's application has been determined by Fair Work Australia (FWA).

18.5 Process - Redeployment and Retrenchment

(a) Where UNSW Global declares a position redundant following the process set out above, the employee holding that position will be advised in writing by the CEO that the employee must elect to seek redeployment within a period of two (2) weeks or be retrenched. Where the employee elects to seek redeployment, the employee will undertake a redeployment process for a period of ten (10) weeks from the date of election. Where UNSW Global and the employee cannot identify an agreed suitable alternative position within the ten (10) week redeployment period, the employee will be retrenched.

(b) At any time during the redeployment period of ten (10) weeks, the employee may elect to terminate the redeployment process and be retrenched.

(c) The redeployment placement will be on the basis of a trial period. Where the redeployment trial is unsuccessful, the employee will be retrenched and receive the entitlements at subclause 18.5(f) below.

(d) An employee who does not elect redeployment in accordance with clause 18.S(a) above will be given written notice of not less than ten (10) weeks of the date of retrenchment, or at the election of the employee, ten (10) weeks' payment in lieu of notice, provided that UNSW Global may place the employee on paid leave (not being annual leave or long service leave) during the notice period.

(e) An employee who elects to work part or all of the ten (10) week notice period (including through a redeployment process) will only receive on retrenchment payment for the balance of the ten (10) weeks not worked.

(f) An employee who is retrenched will be entitled to:

(i) a severance payment based on three (3) weeks salary for every completed year of continuous service to a maximum of S2 weeks;

(ii) payment for accrued annual leave in accordance with subclause 24.1; (iii) payment on a pro-rata basis for leave loading in accordance with subclause

24.4; and (iv) payment for any long service leave in accordance with subclause 2S.0(a) of

this Agreement

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18.6 Redeployment to a Lower Level Position

An employee who agrees to be redeployed to a position at a level lower than their previous salary level will receive salary maintenance at their previous rate of pay for twelve (12) months.

18.7 Acceptable Alternative Employment

(a) Consistent with the principle to minimise or eliminate the need for retrenchments, UNSW Global may apply to the FW A to have the severance payment or retrenchment benefit varied or waived, where UNSW Global obtains acceptable alternative employment for an employee.

(b) Until such time as UNSW Global's application is determined by the FWA, an employee who is the subject of the application must not unreasonably refuse to comply with a direction by UNSW Global to perform work, whether at the same or another work unit, which is appropriate for the employee to perform.

19.0 PROFESSIONAL DEVELOPMENT

An employee will meet annually with their supervisor to review and discuss their work in the past year, their work in future years and the employee's own personal career development. The major areas for discussion will include:

(i) how the employee's position links to the wider plans of the work unit and of UNSW Global;

(ii) allocated duties within the work unit and the employee's development needs associated with meeting the goals of the work unit and UNSW Global; and

(iii) support needed by the employee from the work unit and from UNSW Global to achieve personal career goals.

20.0 INCREMENTAL AND ACCELERATED PROGRESSION

(a) Incremental progression through the steps detailed in Schedule I of this Agreement will occur annually. Progression will continue to the top step of the relevant salary range for the position, except where a determination is made under subclause 20.0(d).

(b) Where an employee's performance is recognised as being of an exceptionally high standard, the CEO may approve accelerated progression of two or more steps.

(c) Where the employee's performance is not satisfactory and a supervisor proposes to withhold an increment from an employee entitled to incremental progression, the supervisor will:

(i) advise the employee of the reasons for the proposed withholding of the increment; and

(ii) give the employee an opportunity to respond to the reasons provided; and

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(iii) allow sufficient opportunity (usually at least three (3) months) for the employee to improve performance to the standard required to progress to the next incremental step.

(d) Where the steps referred to in clause 20.0(c) have been carried out and the supervisor remains of the view that the increment should be withheld, the supervisor, through the Director of Studies, will make a recommendation to the CEO who will make a final determination.

21.0 MANAGEMENT OF UNSATISFACTORY PERFORMANCE AND MISCONDUCT

21.1 General

The procedures set out in this clause 21.0 must be followed before a decision to terminate an employee on the grounds of unsatisfactory performance or serious misconduct. It is noted that repeated misconduct can constitute serious misconduct. An employee may choose to be represented by the Union or other representative at any stage of the process in this clause.

21.2 Management of Unsatisfactory Performance

(a) Where performance concerns have been discussed at an early stage with an employee, but such discussions have not led to sufficient improvement in the employee's performance and UNSW Global wishes to formalise the concerns, it will:

(i) advise the employee in writing of the deficiencies in performance and identifY the performance standard required;

(ii) provide the employee with an opportunity to respond to the concerns and to raise any mitigating circumstances; and

(iii) if still concerned having considered any response by the employee, provide the employee with: A. an outline of the performance deficiencies and the performance standard

required; B. a reasonable opportunity and timeframe to improve performance to the

standard required; and C. guidance, assistance or counselling necessary to improve performance.

(b) Where the supervisor believes that the employee's performance remains unsatisfactory following the steps set out in subclauses 21.2(a) above, the supervisor will advise the employee in writing of the deficiencies in performance, and of any further proposed action. The employee will have an opportunity to make a response to the supervisor's assessment.

21.3 Management of Allegations of Misconduct or Serious Misconduct

(a) Where a matter of possible misconduct arises, it will normally be discussed by the supervisor (or where relevant the supervisor's supervisor) with the employee to determine whether it can be resolved through guidance, counselling or other appropriate action in the first instance.

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(b) Where the discussion in subclause 21.3(a) has not resolved a matter, or where such discussion would be inappropriate due to the serious nature of the allegation(s), a supervisor (or where relevant the supervisor's supervisor) will detail the allegation(s) of misconduct or serious misconduct in writing and give the employee an opportunity to respond to the allegation( s) and to raise any mitigating circumstances.

(c) Where an allegation(s) of misconduct or serious misconduct have been made against an employee, UNSW Global may direct the employee to be absent from the workplace on full pay pending the resolution of the matter.

(d) The relevant Director of Studies will consider the employee's response to the allegation(s) and any other relevant material, and advise the employee of any proposed action.

21.4 Recommendation to Terminate Employment

(a) Where, following the procedures outlined in subclauses 21.2 or 21.3, the Director of Studies proposes to terminate the employment of an employee, the Director will prepare a recommendation for consideration by the CEO.

(b) The recommendation will clearly set out the reasons for the recommendation, the steps taken by UNSW Global in accordance with subclauses 21.2 or 21.3 and any response made by the employee, including mitigating circumstances and any other relevant material.

(c) A copy of the recommendation will be provided to the employee, who will have a period of five (5) working days after being provided with a copy of the recommendation to provide to the CEO a submission in response to the recommendation.

(d) The CEO will make a final determination as to whether the employment should be terminated, having taken into account both the recommendation of the Director of Studies and any response by the employee.

22.0 PROBATION

(a) An employee may be required to serve a period of probation at the commencement of employment of up to 6 months.

(b) Any second or subsequent fixed term contract will not contain a period of probation where the employment is a continuation of the initial fixed-term employment.

(c) An employee will be advised of, and given an opportunity to make response to, any adverse material about their performance or conduct which UNSW Global intends to take into account in a decision to terminate the employment upon or before the expiry of the period of probation.

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PART F LEAVE ENTITLEMENTS AND CONDITIONS

23.0 GENERAL LEAVE CONDITIONS

(a) In the event of the death of an employee, the monetary value of all annual and long service leave for which the employee was eligible at the time of death will be paid to their legal personal representative, unless paid by UNSW Global to the employee's widow or widower or to the guardian ofthe infant children of the employee.

(b) UNSW Global may direct an employee to take accrued long service leave provided that it provides the employee with reasonable notice of the timing of the leave and takes into consideration any wishes of the employee in relation to the timing of the leave. UNSW Global may only direct an employee to take long service leave if:

(i) the employee has a minimum long service leave entitlement of 100 working days; and

(ii) the employee is not within 2 years of their stated retirement date; and (iii) a minimum period of 1 month of long service leave is taken; and (iv) the employee's wishes about the duration of the leave are taken into

consideration by UNSW Global; and (v) the employee has not taken long service leave at the direction of UNSW

Global in the previous 2 years.

(c) Where an employee takes long service leave or paid maternity leave at half pay, the employee's entitlement to annual leave will accrue at half the rate described in subclause 24.1 below.

(d) Absence on any form of approved leave does not break continuity of service with UNSW Global.

(e) Absence on any form of paid leave will count as service for all purposes.

(f) Absence on unpaid parental leave will count as service for long service leave purposes where the employee has completed 10 years of service with UNSW Global (or UNSW) and the period of the unpaid parental leave taken is less than 6 months. All other forms of unpaid leave will not count as service.

(g) Any entitlements of an employee employed on part-time basis in this Agreement will be paid on a pro-rata basis calculated by reference to the time worked as a proportion of the time worked by a full-time employee in the same classification.

(h) Except where an express provision applies, the provisions of clauses 24.0 - 35.0 of this Agreement will not apply to a casual employee.

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24.0 ANNUAL LEAVE

24.1 Entitlement

(a) An employee will be entitled, after the completion of each 12 months of service, to take 4 weeks of annual leave at their base rate of pay in addition to any public holiday occurring while the employee is on annual leave.

(b) Annual leave will accrue fortnightly, provided that where the services of an employee terminate for any reason, credit will be given for periods of less than one fortnight in computing any leave that may be due.

24.2 Illness during annual leave

If an employee, who is eligible for sick leave, produces a satisfactory medical certificate to the effect that they have been incapacitated for a period of 1 week or more while on annual leave, UNSW Global will re-credit the employee with an equivalent period of annual leave. No such re-credit will be granted to an employee on annual leave immediately prior to retirement, resignation or termination of employment.

24.3 Notice of Annual Leave

An employee is required to submit an application to take annual leave at least 2 weeks prior to proposed commencement of such leave. Provided that nothing shall prevent UNSW Global approving a period of annual leave where a shorter period of notice is provided by an employee.

24.4 Annual Leave Loading

(a) Employees will be paid an annual leave loading equivalent to 17.5% of 4 weeks at the base rate of pay.

(b) Broken service during a year does not attract the annual leave loading. For example, if an employee resigns and is subsequently re-employed during the same year, only the service from the date of re-employment attracts the annual leave loading, subject to the above conditions.

(c) The annual leave loading is to be calculated on the base rate of pay in force on the date when the employee is proceeding on annual leave, or at the base rate of pay in force on the date the annual leave loading is paid.

(d) Part-time employees who satisfY the above conditions will be eligible for payment of annual leave loading on a pro rata basis.

24.5 Payment of Annual Leave Loading on Termination

The following arrangements will apply in respect to the payment of annual leave loading on termination:

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(i) Upon retirement or termination by UNSW Global for any reason other than misconduct, an employee who has not been paid an annual leave loading to which they are entitled will be paid the loading that would have been payable had the retirement or termination not occurred.

(ii) On resignation or dismissal for misconduct, annual leave loading is not payable when an employee is granted annual leave to credit, or the monetary value thereof.

25.0 LONG SERVICE LEAVE

25.1 Eligibility

(a) An employee will be eligible for long service leave as follows:

(i) After 10 years service (whether continuous or broken) to 3 months' leave on full payor 6 months' leave on half pay.

(ii) After 15 years service (whether continuous or broken) to 4 months and 15 days' leave on full payor 9 months' leave on half pay.

(iii) For service between 10 years and 15 years (whether continuous or broken), leave will accrue proportionately on the basis of subclause 25.0(a)(i) above.

(iv) For service in excess of 15 years (whether continuous or broken), leave additional to that prescribed in subclause 25.0(a)(ii) above, pro-rata at a rate of 2 months and 15 days on full payor 5 months on half pay, for each completed 5 years of service.

(v) Where an employee has completed at least 5 years continuous service, but less than 10 years continuous service, and their employment is terminated by UNSW Global for any reason, other than:

• for serious and wilful misconduct, or • by the employee on account of illness, incapacity, or domestic or other

pressing necessity, or • by reason of the death of the employee,

the employee will be entitled to a proportionate amount of long service leave on the basis of 3 months for 15 years of service. For the purposes of the application of this provision, it will be interpreted in the same manner as the similar provision in the New South Wales Long Service Leave Act, 1955, as amended.

(b) A casual employee will be eligible for long service leave as provided for in the New South Wales Long Service Leave Act, 1955, as amended.

(c) If an employee has an entitlement to long service leave under subclause 25.0(a)(i)-(iv) above, but prior to entering upon such leave has their employment terminated by dismissal or by notice duly given by either party, the employee will be entitled to

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receive the monetary value of the leave at credit computed at the rate of salary which such employee was receiving immediately prior to the termination of employment.

(d) In addition to the conditions specified in subclauses 23.0(e) and 23.0(f) above:

(i) Where an employee is granted leave for service in the Australian Defence Forces, such service will be counted as ordinary service in computing long service leave;

(ii) Any period of leave without pay not exceeding 6 months will count for long service leave purposes where an employee has completed 10 or more years service, but where such period of leave without pay exceeds 6 months, the whole period of leave without pay will not count as service;

(iii) UNSW Global may from time to time agree that certain periods of leave without pay taken after 1 July 1971 may count as service.

(e) Eligibility for long service leave will be determined taking into account prior continuous paid service with UNSW Global, New South Wales universities, and with any other Australian universities which grant transferability of service with Australian universities for long service leave to employees employed by those universities, provided that:

(i) prior continuous paid service with another or other Australian university/universities prior to 1 January 1969, will not be taken into account when determining eligibility for long service leave;

(ii) if an employee has availed himself or herself of long service leave or is eligible to be paid, or has been paid, in lieu of long service leave by the releasing university, the employee will not accrue any entitlement to leave for the period of service with the releasing university for which leave has been paid, or for which there is eligibility for payment, but, subject to these conditions, such a period will be included as qualifying service for determining when the employee is eligible to take long service leave under this Agreement;

(iii) there is not more than 2 months between the cessation of employment with a releasing university and the commencement of employment with UNSW Global, in which case continuity of service will be deemed not to have been broken for the purposes of long service leave. However, the period between the 2 contracts of employment will not be taken into account in determining length of service for long service leave;

(iv) the employee will be required to serve at least 5 years with UNSW Global (including service with UNSW) before being permitted to take accrued long service leave, or to be paid in lieu on termination of employment, except that in eligible cases, payment in lieu of such leave will be made when an employee:

(a) dies; (b) retires on or after 60 years of age, or such other age as the retirement

provisions of the Superannuation Act, 1916, may provide; or

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(c) receives an invalid or breakdown pension under the provisions of the Superannuation Act, 1916; and

(v) these conditions will not apply to employees on short-term appointments at UNSW Global, however, when an employee is appointed to a position which is not short-term full recognition for all prior continuous service will be given in accordance with these conditions.

(vi) Service with the Universities of the South Pacific or Papua New Guinea or the Papua New Guinea Institute of Technology or any recognised University in New Zealand, may also be recognised for determining long service leave eligibility.

26.0 SICK LEAVE

(a) An employee who satisfies UNSW Global that they are unable to perform their duties by reason of personal illness or personal incapacity (not being illness or incapacity caused by injury arising out of or in the course of their employment) will, subject to the conditions specified in this clause, be entitled, during such illness or incapacity, to sick leave with pay for which ever is greater of the periods specified in (i) or (ii) below hereunder:

(i) 2 weeks during the first year of service; 3 weeks in the second year of service; 6 weeks in any subsequent year of service.

(ii) A period calculated by allowing 2 weeks for each completed year of service and by deducting from this calculation, the number of days of sick leave previously allowed during the whole of the employee's service.

(b) If any sick leave absence exceeds 3 consecutive working days, the employee will provide a certificate by a medical practitioner as to the nature of the illness or incapacity involved.

(c) UNSW Global may require an employee to produce a certificate from a medical practitioner for any sick leave absence (subsequent to such requirement being made) stating that the employee is unable to attend for duty on a day or days in respect of which he or she claims sick leave.

(d) An employee absent from duty due to personal illness or personal incapacity will:

(i) inform their supervisor as soon as practicable of their inability to attend for duty; and

(ii) state the estimated duration of the absence.

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27.0 CARER'S LEAVE

27.1 Interpretation

Carer's leave refers to the use of part of an employee's entitlement to sick leave for the purposes of caring for an "immediate family" member (as defined in clause 3.0 of this Agreement).

27.2 Entitlement to Carer's leave

(a) Carer's leave is available as follows:

(i) In the first two years of employment, the employee can take up to 10 days of available sick leave as carer's leave in any year for each ofthe first 2 years.

(ii) In the third and subsequent years of employment, the employee can take up to 12 days of available sick leave as carer's leave per year.

(b) If the current year's entitlement to sick leave is exhausted, accumulated sick leave may be accessed for carer's leave.

(c) If all accessible leave for the purpose of carer's leave is exhausted, an employee may, with the approval of the Director of Studies, take leave without pay to cover the absence.

27.3 Conditions of Carer's Leave

To be entitled to carer's leave, the following conditions apply:

(a) An employee would normally be responsible for the care and support of the person concerned.

(b) The employee will not be entitled to take carer's leave where another person has carer's leave to care for the same person.

(c) Any absence for carer's leave must be supported by a medical certificate or other satisfactory evidence confirming the requirement for care by another, subject to subclause 27.3(d) below.

(d) A full-time employee will be entitled to a maximum of 21 hours each year for the purpose of caring for an immediate family member without having to provide a medical certificate.

28.0 COMPASSIONATE LEAVE

(a) An employee is entitled to 3 days of paid compassionate leave for each occasion when:

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• a member of the employee's immediate family; or • a member of the employee's household; or • a person who is related by blood or marriage or who has a strong affinity with

the employee by way of traditional or ceremonial affiliation

contracts or develops a personal illness that poses a serious threat to their life, or sustains a personal injury that poses a serious threat to their life, or dies.

(b) An employee who is on a period of approved leave at the time of death of a person referred to at subclause 28.0(a) above may apply for up to 3 days of compassionate leave and be recredited the other period of leave, provided that such recrediting of leave will not occur more than once in anyone calendar year.

(c) An employee may convert accrued annual leave or long service leave to extend the period of compassionate leave for up to an additional 20 working days.

(d) An employee who makes application for compassionate leave may be requested by UNSW Global to provide evidence or details of the circumstances giving rise to the application.

29.0 PARENTAL LEAVE

29.1 Maternity Leave

(a) An employee who becomes pregnant is entitled to a period of up to 52 weeks of maternity leave. Such leave will be taken within the period from 20 weeks before the expected date of delivery to 52 weeks after the commencement of the period of paid leave.

(b) By agreement with UNSW Global, the maternity leave may be taken in more than one consolidated period.

29.2 Adoption Leave

(a) An employee who adopts a child is entitled to a period of up to 52 weeks of adoption leave, commencing from the date of placement of the child.

(b) Adoption leave may not be accessed for a child who has been living with the partner (including same-sex partner) of an employee prior to the employee adopting the child.

29.3 Conditions for Maternity and Adoption Leave

(a) Where an employee takes maternity leave in accordance with subclause 29.1 above, 26 weeks of the leave will be on full pay, in addition to any public holiday occurring while the employee is on parental leave. The remaining period of the leave will be unpaid.

(b) Where an employee takes adoption leave for a child under the age of 5 years in accordance with subclause 29.2 above, 26 weeks of the leave will be on full pay, in addition to any public holiday occurring while the employee is on parental leave. The

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remaining period of the leave will be unpaid. Where the child is 5 years or older, the entitlements set out in clause 29.5 will apply to the employee.

(c) For part-time employees, the paid portion of the leave will be paid at the proportionate part-time rate of pay. Where a full-time employee has converted to part-time employment prior to going on maternity leave for reasons related to the pregnancy, the employee will be paid at the full-time rate of pay.

(d) An employee may elect to take the 26 weeks of paid maternity or adoption leave entitlement over a period of 52 weeks at half pay. All leave accruals during the period of paid maternity or adoption leave at half pay will be calculated on a pro rata basis.

(e) In addition to the period of 52 weeks of leave referred to in subclause 29.1 and 29.2, an employee may apply to UNSW Global for additional unpaid leave.

(f) In the case of maternity leave, where the birth mother and her partner are both employed at UNSW Global, the period of 52 weeks may be shared between both, including paid and unpaid leave.

(g) In the case of adoption leave for a child under 5 years, where both parents are both employed at UNSW Global, the period of 52 weeks may be shared between both, including paid and unpaid leave.

29.4 Partner Leave

An employee will be entitled to partner leave as follows:

(a) An employee will be entitled to 2 weeks of paid partner leave, to be taken during the period 3 weeks prior to and 3 months after the expected birth or placement of the child. For part-time employees, the paid portion of the leave will be paid at the appropriate part-time rate of pay.

(b) In addition to the 2 weeks paid leave set out in subclause 29.4(a), an employee whose partner (including same-sex partner) has given birth to a child will be entitled to a further unbroken period of 50 weeks of unpaid partner leave.

(c) In addition to the periods of partner leave referred to in subclauses 30.4(a) and (b), an employee may apply to their supervisor for additional unpaid partner leave.

29.5 Foster Parent Leave

(a) From the time that the child enters their care an employee acting as the primary carer of a foster child on a long term placement will be entitled to 52 weeks of unpaid leave minus any period of paid leave pursuant to subclauses 29.5(b)(i) and (ii) below.

(b) An employee will be entitled to paid foster parent leave of:

(i) 3 weeks on full payor 6 weeks leave on half pay if the child is younger than five years; or

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(ii) 2 weeks on full payor 4 weeks leave on half pay if the child is five years and over.

29.6 General Conditions of Parental Leave

(a) Unless it is impracticable, an employee will provide their supervisor with at least 10 weeks' notice ofthe intention to take parental leave and at least 4 weeks' notice of the date when the parental leave will commence.

(b) An employee who has taken maternity leave will not be eligible for partner leave in respect of the same child.

(c) All forms of paid parental leave may be taken by either parent, except that where both parents are employed by UNSW Global, one employee's paid adoption leave entitlement will be reduced by any period of paid adoption leave taken by the employee's partner (including same-sex partner).

(d) Appropriate certification relating to the birth or adoption of the child and, where appropriate, the employee's legal responsibility must be produced if required by UNSW Global.

(e) Ifrequested by an employee, any paid portion of parental leave may be paid as a lump sum.

(f) UNSW Global will consider any request by an employee pursuant to subclause 29.3(e) and subclause 29.12(a) having regard to UNSW Global's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the work unit or UNSW Global's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

29.7 Fixed-term Appointments

(a) An employee employed on a fixed-term contract of employment will cease to have an entitlement to parental leave upon the expiration of the contract, except as provided for in subclauses 29.7(b) and (c) below.

(b) An employee employed on a fixed term contract of employment whose contract expires when she is at least 20 weeks' pregnant, and whose employment is not continued beyond the expiry date of the contract, will be entitled to payment of the full paid maternity leave in accordance with subclause 29.3 unless:

(i) she was offered and refused another contract of employment broadly comparable to her existing position; or

(ii) a significant majority of the duties and responsibilities of the existing position are no longer being performed.

(c) An employee employed on a fixed term contract who is on maternity leave at the expiry of the contract and who is subsequently employed on a further employment contract for the same position after a gap in time, not being longer than the period of

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parental leave would have been, will be entitled to the full paid maternity leave entitlement subject to fulfilling the eligibility requirements set out in this clause.

29.8 Casual Employees

(a) A casual employee who is pregnant will be entitled to 14 weeks of maternity leave on full pay and 38 weeks of unpaid maternity leave provided that:

(i) she has been employed by UNSW Global on a regular and systematic basis for a continuous period of at least 24 months, including breaks in service not exceeding 4 months, immediately prior to the pregnancy; and

(ii) she has not accessed paid maternity leave from any other employer for the pregnancy.

All other casual employees employed on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months, and has a reasonable expectation of ongoing employment, will be entitled to take up to 52 weeks of unpaid leave.

(b) Notwithstanding subclause 29.8(a), a casual employee will not have an entitlement to re-employment at the end of a period of approved maternity leave.

(c) A casual employee who takes maternity leave will remain an employee of UNSW Global for the period of maternity leave.

(d) Where a casual employee declares a desire to return to work following a period of maternity leave but work no longer exists, the employee will cease employment as at the last day of maternity leave. However, the work unit in which the casual employee was employed will give reasonable consideration to the employee for suitable casual work.

(e) A casual employee who receives paid maternity leave will be paid at a fortnightly rate of pay equal to the average fortnightly rate of pay the employee was paid over the 12 months immediately preceding the date on which maternity leave is commenced. The full amount of the maternity leave will be paid to the casual employee at the commencement of the maternity leave.

29.9 Continuity of Service and Other Conditions of Employment

(a) Incremental progression will continue during periods of paid parental leave and where the employee has either been at work or on paid leave for at least 6 months of the previous 12 month period.

(b) An employee may elect to cover any of the period of unpaid parental leave by taking accrued annual leave and/or long service leave.

29.10 Unplanned Cessation of Parental Leave

(a) If parental leave has commenced, or has been approved but not commenced:

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(i) in the case of maternity leave, the pregnancy of the employee terminates other than by the birth of a living child, or the employee's child dies during the period that the staff member is on leave; or

(ii) in the case of adoption leave, the child dies during the period that the employee is on such leave.

(b) In each of the circumstances referred to at subclauses 29.l0(a), parental leave will cease on the date of the death of the child or the date of the unplanned cessation. Commencing the following day, an employee will be entitled to be absent from duty on special maternity/adoption leave for a period of up to 14 weeks payable at their base rate of pay. Unless an earlier date is agreed between the employee and the University, the employee will return to duty at the completion of this period.

(c) In addition to the 14 weeks of paid leave provided for in subclause 39.5.6(b), an employee may apply for and be granted further leave such as sick leave, compassionate leave, annual leave, or long service leave as prescribed in this Agreement.

(d) Documentation will be required to support any period of leave pursuant to subclause 29.l0(a) above.

29.11 Resumption of duty

(a) On finishing parental leave, an employee is entitled to resume work in the position he or she held immediately before commencing parental leave except that:

(i) if the employee was transferred to a safe job because of her pregnancy, the relevant position is the position held immediately before the transfer;

(ii) if the employee began working part-time because of the pregnancy, the relevant position is the position held immediately before the employee began working part-time;

(iii) if immediately before starting parental leave the employee was acting in or temporarily performing the duties of a position for a period equal to or less than the parental leave, then the relevant position is the position held by the employee immediately before taking the acting or temporary position.

(b) An employee on parental leave will be consulted in accordance with clause 18 -Managing Change in the Workplace - of this Agreement concerning any significant workplace change affecting the position they held before commencing parental leave.

(c) If that position no longer exists, UNSW Global will employ the employee in a position commensurate with the classification and duties of the position the employee was performing immediately prior to taking parental leave.

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(d) If no such position is identified, the employee may be retrenched with the appropriate retrenchment benefit in accordance with clause 18 - Managing Change in the Workplace - of this Agreement.

(e) An employee may negotiate with UNSW Global to return to work from a period of parental leave earlier than the date originally approved.

29.12 Return to Work on a Part-Time Basis

(a) A full-time employee on a period of parental leave may return to work on a part-time basis for a defined period following the completion of the parental leave. An employee may request to extend the defined period until the child reaches school age.

(b) An application to return to work on a part-time basis must be made at least 8 weeks prior to the completion ofthe parental leave.

(c) If it is not practicable for an employee to resume work on a part-time basis in the position which he or she held prior to taking parental leave, the employee will be so advised. If in such circumstances UNSW Global identifies a suitable vacant position to which the employee may be placed on a part-time basis, and the employee agrees, the employee will be placed in the alternate position and be paid the appropriate proportion of the salary applicable to their former substantive position for the period of part-time employment.

(d) At the conclusion of the period of part-time employment, the employee will return to their substantive position on a full-time basis. If the former position occupied by the employee prior to taking parental leave no longer exists, the provisions of subclause 29.l1(c) and (d) will apply.

30.0 SPECIAL LEAVE

(a) Special leave with pay of up to 3 days per year may be given to an employee on account of special circumstances or emergencies. Applications for special leave will be considered on their merits.

(b) Special circumstances or emergencies:

(i) may include situations such as where the employee's home has been damaged by fire, flood or other mishap, burglary, or where the employee is to take part in state emergency services activities.

(ii) do not include situations such as moving house, care of an immediate family member, attendance at union state or national conferences or similar events or other private business that the employee was aware of in advance sufficient to use other forms of leave.

(c) There is no entitlement to special leave if the leave sought coincides with any other period ofleave.

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31.0 OBSERVATION OF HOLY DAYS AND ESSENTIAL RELIGIOUS OR CULTURAL DUTIES

An employee of UNSW Global will be granted annual leave or long service leave (where the employee has an entitlement to annual leave or long service leave) or leave without payor leave from accrued flexible working hours for the purpose of observing holy days or attend essential religious or cultural duties associated with a particular religious faith or culture.

32.0 JURY LEAVE AND WITNESS LEAVE

32.1 Jury leave

(a) An employee required to serve as a juror will:

(i) notify their supervisor of the dates of any absence from work expected as a result of that service.

(ii) provide UNSW Global with proof of the dates of attendance, and the monies received for the jury service, other than any travel allowance.

(b) UNSW Global will pay to the employee their full salary for the period of jury service, but the employee is required to pay UNSW Global the money received for the jury service, other than any travel allowance.

32.2 Witness leave

(a) An employee required to attend as a witness should notify UNSW Global through their supervisor of the dates of any absence from work.

(b) An employee required as a witness by UNSW Global, or directly in a matter relating to a UNSW Global award or industrial agreement, will be regarded as being on duty and consequently there will be no loss of payor leave for the absence from work.

(c) An employee called as a witness by a party other than UNSW Global, or in a matter unrelated to UNSW Global, may choose to take leave without payor take annual leave. Where this occurs, the employee must notify their supervisor in advance.

33.0 DEFENCE FORCES LEAVE

33.1 Amount of Leave

An employee may be granted paid leave to attend Defence Forces Reserves Training programs or courses on the following basis:

Service Annual Traininl! School, class or course of instruction Navy 13 calendar davs 13 calendar days Army 14 calendar dayS 14 calendar dayS Air Force 16 calendar days 16 calendar days

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33.2 Additional Leave

(a) Additional leave not exceeding four (4) calendar days in any period of 12 months may be approved on written certification of its necessity by the employee's Commanding Officer.

(b) Any further leave may be granted and deducted from the employee's accrued annual leave and! or long service leave or taken as leave without pay.

(c) UNSW Global will consider on a case-by-case basis an application submitted by an employee for paid leave in addition to the provisions referred to at subclauses (a) and (b) above where UNSW Global is reimbursed for the employee's absence through a scheme funded by the Commonwealth Government.

33.3 Refusal of Leave

UNSW Global may refuse an application for leave if it would be inconvenient to the work unit to grant the leave requested.

34.0 STUDY AND EXAMINATION LEAVE

(a) Where a supervisor approves a course of study being undertaken by an employee which has direct relevance to their position, study time of half an hour for each one hour of class contact time (or equivalent for distance education) is available up to a maximum of four hours per week.

(b) In addition to the study time referred to in subclause 34.0(a), additional time off may be granted for the purpose of attending examinations required in the course of study.

35.0 PUBLIC HOLIDAYS

(a) An employee will be entitled to observe the following days, or days proclaimed as holidays in substitution for those days, without loss of pay:

New Year's Day Australia Day Canberra Day (UNSW@ADFAonly) Good Friday Easter Monday Anzac Day Queen's Birthday Labour Day Christmas Day Boxing Day August Bank Holiday (to be taken on the first weekday after Boxing Day) and all other proclaimed Public Holidays for the state of NSW and the ACT (as applicable)

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(b) Where a public holiday prescribed in this clause occurs during the period an employee is absent on annual leave or sick leave, no deduction will be made for that day from the employee's annual or sick leave entitlement.

(c) All working days between Christmas Day and New Years Day will be deemed concessionalleave.

PART G OTHER MATTERS

36.0 INDIVIDUAL FLEXIBILITY ARRANGEMENT

(a) UNSW Global and an employee may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement on any of the following matters:

(i) salary sacrificing scheme; and

(ii) equalisation of salary.

(b) The terms and conditions that apply to making an individual flexibility arrangement are set out at Schedule 3 of this Agreement.

37.0 INDIGENOUS EMPLOYMENT AND EQUITY

(a) UNSW Global is committed to implementing an Equal Employment Opportunity Strategy and an Indigenous Employment Strategy as part of its overall Human Resources Strategy during the life of this Agreement.

(b) A key objective of the Equal Employment Opportunity Strategy will emphasise programs to support the development of female staff into senior positions within UNSW Global and measures to support the needs of staff with disabilities or family responsibilities.

(c) A key objective of the Indigenous Employment Strategy will be to work towards achieving particular targets in relation to increasing employment and career development opportunities for indigenous Australians.

38.0 IMPLEMENTATION COMMITTEE

(a) The parties agree that for the purposes of facilitating the implementation of this Agreement, an Implementation Committee will be established which will:

(i) comprise two employees nominated by the Union and two management representatives nominated by UNSW Global;

(ii) meet at the request of either party to this Agreement to discuss issues arising out of, and to develop strategies for, the implementation of this Agreement; and

(iii) be cognisant of the special needs ofEEO groups.

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(b) UNSW Global will provide reasonable paid time to those employees referred to in clause 37(a)(i) to attend meetings held by the Implementation Committee.

(c) UNSW Global will upon request provide information to employees twice-yearly on the number of employees employed on continuing, fixed term and casual employment.

39.0 COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY

(a) UNSW Global will compensate an employee to the extent of damage sustained to personal property where such damage is sustained:

(i) due to the negligence of UNSW Global, another employee, or both, in the execution of their duties;

(ii) by a defect in UNSW Global's materials or equipment, or

(iii) where an employee has protected or attempted to protect UNSW Global'