MA000006  PR716639 [Note: a correction has been issued to this document]
FAIR WORK COMMISSION

DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

HIGHER EDUCATION INDUSTRY—ACADEMIC STAFF—AWARD 2010
[MA000006]

Educational services

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 14 FEBRUARY 2020

4 yearly review of modern awards – Higher Education Industry—Academic Staff—Award 2010 – modern award varied.

A. Further to the decision [[2020] FWCFB 690] issued by the Full Bench of the Fair Work Commission on 14 February 2020, the Higher Education Industry—Academic Staff—Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation from 13 April 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 13 April 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Higher Education Industry—Academic Staff—Award 2020

Table of Contents

Part 1— Coverage and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 3
4. Coverage 4
5. Individual flexibility arrangements 4
6. Requests for flexible working arrangements 6
7. Facilitative provisions 7
Part 2— Types of Employment and Classifications 8
8. Types of Employment 8
9. Full-time employment 9
10. Part-time employment 9
11. Fixed-term employment 9
12. Casual employment 11
13. Incidents of fixed-term contract of employment 11
14. Classification of academic staff 13
Part 3— Hours of Work 14
15. Hours of work 14
Part 4— Minimum Rates 14
16. Rates of pay 14
17. Payment of wages 18
18. Salary movement within an academic level 19
19. Superannuation 21
Part 5— Leave and Public Holidays 22
20. Annual leave 22
21. Personal/carer’s leave and compassionate leave 26
22. Parental leave and related entitlements 27
23. Community service leave 27
24. Unpaid family and domestic violence leave 27
25. Public holidays 27
Part 6— Consultation and Dispute Resolution 28
26. Consultation about major workplace change 28
27. Consultation about changes to rosters or hours of work 29
28. Dispute resolution 29
Part 7— Termination of Employment and Redundancy 30
29. Termination of employment 30
30. Redundancy 31
31. Industry specific redundancy provisions 32
Schedule A —Minimum Standards for Academic Levels (MSAL) 35
Schedule B —Summary of Hourly Rates of Pay 38
Schedule C —List of employers bound by the Higher Education Contract of Employment Award 1998 [AP784204] 40
Schedule D —Agreement to Take Annual Leave in Advance 42
Schedule E —Agreement to Cash Out Annual Leave 43
Schedule F —List of Institutions Bound by AP801516 44
Schedule G —Part-day Public Holidays 46

Part 1—Coverage and Operation of this Award

1. Title and commencement

1.1 This award is the Higher Education Industry—Academic Staff—Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award, unless the contrary intention appears:

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers employers throughout Australia in the higher education industry as defined and their academic staff in the classifications listed in clause 16Rates of pay to the exclusion of any other modern award.

4.2 Higher education industry means educational institutions providing undergraduate and postgraduate teaching leading to the conferring of accredited degrees and performing research to support and inform the curriculum.

4.3 This award does not cover:

(a) employees excluded from award coverage by the Act;

(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.4 This award covers any employer which supplies labour on an on-hire basis in the higher education industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

6.4 What the written response must include if a different change in working arrangements is agreed

6.5 Dispute resolution

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

20.3

Annual leave in advance

an individual employee

20.4

Cashing out of annual leave

an individual employee

25.2

Substitution of public holidays where university holidays provided

an individual employee

Part 2—Types of Employment and Classifications

8. Types of Employment

8.1 A person under this award must be engaged in one of the following categories:

(a) full-time (fixed-term or continuing);

(b) part-time (fixed-term or continuing); or

(c) casual.

8.2 Requirement to state terms of engagement

(a) for employees other than casual employees, the classification level and salary of the employee on commencement of the employment, and the hours or the fraction of full-time hours to be worked;

(b) for a fixed-term employee, the term of the employment, the length and terms of any period of probation, and the circumstance(s) by reference to which the use of fixed-term contract for the type of employment has been decided for that employment;

(c) for casual employees, the duties required, the number of hours required, the rate of pay for each class of duty required and a statement that any additional duties required during the term will be paid for;

(d) for any employee subject to probationary employment, the length and terms of the probation; or

(e) other main conditions of employment including the identity of the employer, or the documentary, or other recorded sources from which such conditions derive, and the duties and reporting relationships to apply upon appointment that can be ascertained.

8.3 Nothing in this award:

(a) prevents an employee from engaging in additional work as a casual employee in work unrelated to, or identifiably separate from, the employee’s normal duties; or

(b) limits the number or proportion of employees that an employer may employ in a particular type of employment.

8.4 Probation

(a) The terms of engagement for a full-time or part-time employee may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract.

(b) As a condition incidental to employment on probation, an employee must be advised of, and given an opportunity to make response to, any adverse material about the employee which the employer intends to take into account in a decision to terminate the employment upon or before the expiry of the period of probation.

9. Full-time employment

Full-time employment means employment other than part-time or casual.

10. Part-time employment

Part-time employment means employment for less than the normal weekly ordinary hours specified in clause 15Hours of work, for which all award entitlements are paid on a pro rata basis calculated by reference to the time worked.

11. Fixed-term employment

11.1 Fixed-term employment means full time or part time employment for a specified term or ascertainable period, for which the instrument of engagement will specify the starting and finishing dates of that employment (or instead of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon the occurrence of which the term of the employment will expire).

11.2 Restriction on the use of fixed term employment

(a) The restriction on the use of fixed-term employment in clause 11.2 only applies to those employers in Schedule C—List of employers bound by the Higher Education Contract of Employment Award 1998 [AP784204], and their successors, who were bound to the Higher Education Contract of Employment Award [AP784204] at the time of its making.

(b) The use of fixed-term employment must be limited to the employment of an employee engaged on work activity that comes within the description of one or more of the following circumstances:

12. Casual employment

12.1 Casual employment is employment by the hour and paid on an hourly basis that includes a loading related to award-based benefits for which a casual employee is not eligible.

12.2 For each hour worked, a casual employee will be paid:

(a) the minimum hourly rate; and

(b) a loading of 25% of the minimum hourly rate,

12.3 A casual employee must be engaged and paid for at least 2 hours of work on each occasion they are required to attend work by the employer, inclusive of any incorporated time and payment for preparation or associated working time provided for in clause 16.4(a).

13. Incidents of fixed-term contract of employment

13.1 Clause 13 only applies to those employers who were bound to the Higher Education Contract of Employment Award 1998 [AP784204]. For a list of employers who were bound to the Higher Education Contract of Employment Award 1998 [AP784204] see Schedule C—List of employers bound by the Higher Education Contract of Employment Award 1998 [AP784204].

13.2 Without reducing any entitlement under the employee’s contract or under an award provision applicable to the employee on account of the employee’s continuous service, a fixed-term contract employee must be entitled to:

13.3 Where, because of circumstances relating to the provision of specific funding to support employment external to the employer and beyond its control, the employer is not reasonably able to give the notice required by clause 13.2(b), it will be sufficient compliance with clause 13 if the employer:

(a) advises those circumstances to the employee in writing by the latest time at which the notice would otherwise be required to be given; and

(b) gives notice to the employee at the earliest practicable date thereafter.

13.4 Severance pay

(a) A fixed-term employee whose contract of employment is not renewed in circumstances where the employee seeks to continue the employment will be entitled to a severance payment or retrenchment benefit payment howsoever called, in accordance with the NES as it would apply to a full-time employee engaged in an equivalent classification in the following circumstances:

(b) Where an employer advises an academic in writing that further employment may be offered within 6 weeks of the expiry of a period of fixed-term employment, then the employer may defer payment of severance benefits for a maximum period of 4 weeks from the expiry of the period of fixed-term employment.

(c) An employer, in a particular case, may make application to the Fair Work Commission to have the general severance payment or retrenchment benefit payment prescription varied if the employer obtains acceptable alternative employment for the employee.

13.5 Award entitlements and calculation of continuous service

(a) A fixed-term employee will be entitled to the same award terms and conditions in respect to award matters as would apply to a full-time or part-time employee engaged in an equivalent classification and working an equivalent proportion of normal weekly ordinary hours for the classification.

(b) For the purpose of this award, breaks between fixed-term appointments of up to 2 times per year and of up to 6 weeks in total will not constitute breaks in continuous service.

(c) Periods of approved unpaid leave will not count for service, but will not constitute breaks in service for the purposes of clause 13.5.

13.6 Right of application

14. Classification of academic staff

14.1 Minimum standards for levels of academic staff, other than a casual, are set out in Schedule A—Minimum Standards for Academic Levels (MSAL).

14.2 The levels are differentiated by level of complexity, degree of autonomy, leadership requirements of the position and level of achievement of the academic.

14.3 The responsibilities of academic staff may vary according to the specific requirements of the employer to meet its objectives, to different discipline requirements and/or to individual staff development.

14.4 An academic appointed to a particular level may be assigned and may be expected to undertake responsibilities and functions of any level up to and including the level to which the academic is appointed or promoted.

14.5 An academic may undertake elements of the work of a higher level in order to gain experience and expertise consistent with the requirements of an institution’s promotion processes.

14.6 MSAL will not be used as a basis for claims for reclassification.

Part 3—Hours of Work

15. Hours of work

For the purpose of the NES, ordinary hours of work under this award are 38 per week.

Part 4—Minimum Rates

16. Rates of pay

16.1 An employer must pay full-time and part-time employees the following rates of pay:

Employee classification

Annual salary
(full-time employee)

Minimum hourly rate1

 

$

$

Level A

   

1

53,168

26.82

2

55,297

27.90

3

57,427

28.97

4

59,425

29.98

5

61,022

30.78

62

62,754

31.66

7

64,485

32.53

8

66,216

33.40

Level B

   

1

68,880

34.75

2

70,879

35.76

3

72,877

36.76

4

74,878

37.77

5

76,874

38.78

6

78,874

39.79

Level C

   

1

80,869

40.79

2

82,869

41.80

3

84,866

42.81

4

86,865

43.82

5

88,862

44.83

6

90,861

45.84

Level D

   

1

94,191

47.52

2

96,856

48.86

3

99,520

50.20

4

102,184

51.55

Level E

116,838

58.94

16.2 Professorial and clinical loadings

(a) Any employer may pay loadings and differentials above the standard Level E salary to its teaching and research Level E academic staff.

(b) In determining the amount of the loading or differential to be paid under clause 16.2(a), the employer will have regard to the loadings payable in clauses 16.2(c) and 16.2(d).

16.3 Payments and periods of leave

16.4 Casual employees

(a) An employer must pay casual academics the following minimum rates for work performed:

 

Casual hourly rate (including casual loading)

 

$

Lecturing

 

Basic lecture (1 hour of delivery and 2 hours associated working time)

134.08

Developed lecture (1 hour of delivery and 3 hours associated working time)

178.80

Specialised lecture (1 hour of delivery and 4 hours associated working time)

223.49

Repeat lecture (1 hour of delivery and 1 hour associated working time)

89.37

Tutoring

 

Tutorial (1 hour of delivery and 2 hours associated working time)

104.62

Repeat tutorial (1 hour of delivery and 1 hour associated working time)

69.73

Tutorial (1 hour of delivery and 2 hours associated working time) (where academic holds a relevant doctoral qualification)

118.74

Repeat tutorial (1 hour of delivery and 1 hour associated working time) (where academic holds a relevant doctoral qualification)

79.13

Musical accompanying

 

Musical accompanying (1 hour of delivery and 1 hour preparation time)

69.73

Musical accompanying (1 hour of delivery and 1 hour preparation time) (where academic holds a relevant doctoral qualification)

79.13

Undergraduate clinical nurse education

 

Little preparation required (1 hour of delivery and 0.5 hours associated working time)

52.31

Normal preparation time (1 hour of delivery and 1 hour associated working time)

69.73

Little preparation required (1 hour of delivery and 0.5 hours associated working time) (where academic holds a relevant doctoral qualification)

59.36

Normal preparation time (1 hour of delivery and 1 hour associated working time) (where academic holds a relevant doctoral qualification)

79.13

Marking rate

 

Standard marking

34.84

Standard marking (where academic holds a relevant doctoral qualification)

39.58

Marking as a supervising examiner, or marking requiring a significant exercise of academic judgment appropriate to an academic at level B status

44.70

Other required academic activity

 

If academic does not hold a relevant doctoral qualification or perform full subject coordination duties

34.84

If academic holds a relevant doctoral qualification or performs full subject coordination duties

39.58

17. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

17.1 An academic staff member’s salary will be paid fortnightly by electronic funds transfer.

17.2 Casual staff members

17.3 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(b) The requirement to pay wages and other amounts under clause 17.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

18. Salary movement within an academic level

18.1 An academic staff member will be eligible for movement to the next highest salary point within the academic level as set out the rates of pay in clause 16Rates of pay as follows:

(a) at the conclusion of each 12 month period, following the commencement date of the award or entry into an academic level as set out in the MSAL or the subsequent anniversary date; and

(b) following a staff development/performance review.

18.2 Movement to the next salary point within the academic level will occur only when an academic staff member has been advised in writing that over the preceding 12 months, they:

(a) have acquired and used additional skills, experience and knowledge within the ambit of the appropriate academic level, as set out in the MSAL and in accordance with the priorities of the organisational unit and/or institution. For this purpose the academic staff member will be assessed against the relevant criteria used in a staff development/performance review; and

(b) have demonstrated satisfactory performance against the appropriate academic level as set out in the MSAL.

18.3 Movement to the next highest salary point will be effective from the anniversary date. In cases where a staff development/performance review is delayed, the anniversary date will not be changed and any increase in salary will be paid retrospectively to the anniversary date, unless the delay is related to the acquisition of new skills and greater responsibility in which case the date of acquisition will be the effective date.

18.4 An academic staff member who has been absent in excess of 3 months, in aggregate, will have the review delayed by the period of absence. Any resultant increase will also be delayed by the period of absence.

18.5 Annual staff development/performance review

(a) assessment of performance and the acquisition and use of skills over the preceding 12 months against objective criteria within the relevant academic level in the MSAL, including:

(b) Identifying the development and training needs of the academic staff member to:

19. Superannuation

19.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation legislation.

19.2 Employer contributions

(a) An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

(b) Employers who, before 12 September 2008 made contributions of 3% to the Tertiary Education Superannuation Scheme for the benefit of employees for whom they were not required to pay the superannuation guarantee charge, must continue to make such contributions as if the Tertiary Education Superannuation Scheme – Superannuation Award 1988 [AP799601] continued to apply.

19.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clause 19.3(a) or (b) no later than 28 days after the end of the month in which the deduction was authorised under clauses 19.3(a) or (b).

19.4 Superannuation fund

(a) Unisuper; or

(b) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(c) a superannuation fund or scheme which the employee is a defined benefit member of.

19.5 Absence from work

Part 5—Leave and Public Holidays

20. Annual leave

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

20.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees.

20.2 Leave loading

20.3 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 20.3 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 20.3, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

20.4 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.4.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.4.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 20.4 must state:

(e) An agreement under clause 20.4 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 20.4 as an employee record.

20.5 Excessive leave accruals: general provision

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave.

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 20.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 20.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

20.6 Excessive leave accruals: direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 20.5(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 20.6(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 20.6(a) that is in effect.

(d) An employee to whom a direction has been given under clause 20.6(a) may request to take a period of paid annual leave as if the direction had not been given.

20.7 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.5(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 20.7(a) if:

(c) A notice given by an employee under clause 20.7(a) must not:

(d) An employee is not entitled to request by a notice under clause 20.7(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 20.7(a).

20.8 Payment of annual leave on termination

21. Personal/carer’s leave and compassionate leave

21.1 Personal/carer’s leave and compassionate leave are provided for in the NES.

21.2 In relation to compassionate leave the entitlement will be 3 days of compassionate leave for each permissible occasion.

21.3 Casuals

(a) Subject to the evidentiary and notice requirements as provided for in the NES, casual employees are entitled to not be available to attend work or to leave work:

(b) The employer and the employee will agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. 2 days) per occasion.

(c) The casual employee is not entitled to any payment for the period of non-attendance.

22. Parental leave and related entitlements

22.1 The entitlement to parental leave is set out in the NES.

22.2 The NES is supplemented by maintaining an entitlement to payment in relation to maternity leave, adoption leave or paternity leave for employees in the classifications under this award of employers and who were entitled to payment for maternity leave, adoption leave or paternity leave in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

(a) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and

(b) that would have entitled the employee to paid maternity leave, paternity leave or adoption leave.

23. Community service leave

Community service leave is provided for in the NES.

24. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

25. Public holidays

25.1 Public holiday entitlements are provided for in the NES.

25.2 Substitution of public holidays where university holidays provided

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

25.3 Part-day public holidays

Part 6—Consultation and Dispute Resolution

26. Consultation about major workplace change

26.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(c) commence discussions as soon as practicable after a definite decision has been made.

26.2 For the purposes of the discussion under clause 26.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

26.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 26.1(b).

26.5 In clause 26 significant effects, on employees, includes any of the following:

(a) termination of employment; or

(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c) loss of, or reduction in, job or promotion opportunities; or

(d) loss of, or reduction in, job tenure; or

(e) alteration of hours of work; or

(f) the need for employees to be retrained or transferred to other work or locations; or

(g) job restructuring.

26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.

27. Consultation about changes to rosters or hours of work

27.1 Clause 27 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

27.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

27.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

27.4 The employer must consider any views given under clause 27.3(b).

27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

28. Dispute resolution

28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

28.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.

28.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

28.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

28.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 28.

28.8 While procedures are being followed under clause 28 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

28.9 Clause 28.8 is subject to any applicable work health and safety legislation.

Part 7—Termination of Employment and Redundancy

29. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

29.1 Notice of termination by an employee

(a) Clause 29.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

(c) In clause 29.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 29.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 29.1(b), then no deduction can be made under clause 29.1(d).

(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.

(g) The minimum period of notice of termination, or pay instead of notice, to be given by an employer to an academic staff member who is terminated on the grounds of ill health or redundancy will be 6 months.

29.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 29.2 is to be taken at times that are convenient to the employee after consultation with the employer.

30. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

30.1 Transfer to lower paid duties on redundancy

(a) Clause 30.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 30.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

30.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 30 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

30.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 30.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 30.3(b).

(d) An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 29.2.

31. Industry specific redundancy provisions

31.1 Clause 31 applies to any institution which:

(a) was bound by the Universities and Post Compulsory Academic Conditions Award 1999 [AP801516] at 12 September 2008 as listed in Schedule F—List of Institutions Bound by AP801516; and

(b) has decided to terminate the employment of one or more academic employees for reasons of an economic, technological, structural or similar nature, including:

31.2 All payments under clause 31 will be calculated on the employee’s salary at the date of cessation of employment and the benefits in clause 31 are instead of any other notice period, access to a scheme of redeployment or other redundancy benefit.

31.3 The benefits of clause 31 do not constitute a severance payment or retrenchment benefit payment for the purposes of clause 13.4.

31.4 If an employee is ill during the period of notice and provides the employer with a medical certificate to this effect, stating the period of illness, the notice prescribed by clause 31 will be extended for that period. However, the extension will be limited to the extent of an employee’s accumulated sick leave entitlement and will be available in accordance with the terms otherwise applicable to the utilisation of sick leave.

31.5 Employees accepting redundancy

(a) the employee will be notified of the date on which their employment will terminate;

(b) this date will be no less than 6 months from the date of notification;

(c) the employer may elect to pay to the employee an amount equal to 6 months’ pay instead of the period of notice;

(d) during the period of notice of termination the employee may request and the employer may agree that the balance of the period be waived, in which case the employee is entitled to payment for the balance of the period or 4 weeks’ pay, whichever is the lesser;

(e) the employee must be paid a redundancy payment of:

31.6 Employees not accepting redundancy

(a) notice, or pay instead of notice, in accordance with clause 29.1(g); and

(b) on retrenchment, an employee must, in addition, receive the amount of severance pay set out in the NES in respect of a continuous period of service.

Schedule A—Minimum Standards for Academic Levels (MSAL)
A.1 Teaching and research academic staff
A.1.1 Level A

A.1.2 Level B

A.1.3 Level C

A.1.4 Level D

A.1.5 Level E

A.2 Research academic staff (inclusive of creative disciplines)
A.2.1 Level A

A.2.2 Level B

A.2.3 Level C

A.2.4 Level D

A.2.5 Level E

Schedule B—Summary of Hourly Rates of Pay
B.1 Fixed-term, full-time and part-time employees
B.1.1 Fixed-term, full-time and part-time employees—minimum hourly rates; and rates inclusive of professorial and clinical loadings

Schedule C—List of employers bound by the Higher Education Contract of Employment Award 1998 [AP784204]

Institution at time of HECE Award

Current name or names

New consolidated list (alphabetical)

Australian Catholic University

Australian Catholic University

Australian Catholic University

Australian Maritime College

University of Tasmania

Australian National University

Australian National University

Australian National University

Charles Darwin University

Central Queensland University

Central University Queensland

Charles Sturt University

Charles Sturt University

Charles Sturt University

Central Queensland University

Curtin University of Technology

Curtin University of Technology

Curtin University of Technology

Deakin University

Deakin University

Deakin University

Edith Cowan University

Edith Cowan University

Edith Cowan University

Flinders University of South Australia

Flinders University of South Australia

Federation University of Australia

Griffith University

Griffith University

Flinders University of South Australia

James Cook University

James Cook University

Griffith University

La Trobe University

La Trobe University

James Cook University

Macquarie University

Macquarie University

La Trobe University

Monash University

Monash University

Macquarie University

Murdoch University

Murdoch University

Monash University

Northern Territory University

Charles Darwin University

Murdoch University

Queensland University of Technology

Queensland University of Technology

Queensland University of Technology

RMIT University

RMIT University

RMIT University

Southern Cross University

Southern Cross University

Southern Cross University

Swinburne University of Technology

Swinburne University of Technology

Swinburne University of Technology

University of Adelaide

University of Adelaide

University of Adelaide

University of Ballarat

Federation University of Australia

University of Canberra

University of Canberra

University of Canberra

University of Melbourne

University of Melbourne

University of Melbourne

University of New England

University of New South Wales

University of New South Wales

University of Newcastle

University of Newcastle

University of Newcastle

University of Newcastle

University of Newcastle

University of Newcastle

University of Queensland

University of Queensland

University of Queensland

University of South Australia

University of South Australia

University of South Australia

University of Southern Queensland

University of Southern Queensland

University of Southern Queensland

University of the Sunshine Coast

University of the Sunshine Coast

University of the Sunshine Coast

University of Sydney

University of Sydney

University of Sydney

University of Tasmania

University of Tasmania

University of Tasmania

University of Technology Sydney

University of Technology Sydney

University of Technology Sydney

University of Western Australia

University of Western Australia

University of Western Australia

Western Sydney University

University of Western Sydney

Western Sydney University

University of Wollongong

University of Wollongong

University of Wollongong

Victoria University

Victoria University

Victoria University

 

Victorian College of Arts

University of Melbourne

 

   

Schedule D—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer
representative: ________________________________________

Signature of employer
representative: ________________________________________

Date signed: ___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule E—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer
representative: ________________________________________

Signature of employer
representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule F—List of Institutions Bound by AP801516

AP801516 – Universities and Post Compulsory Academic Conditions Award 1999

Australian Higher Education Industrial Association

Australian Catholic University

Australian Maritime College

Australian National University

Central Queensland University

Charles Sturt University

Curtin University of Technology

Deakin University

Edith Cowan University

Flinders University of South Australia

Griffith University

Hawthorn Institute of Education Ltd

James Cook University

La Trobe University

Macquarie University

Monash University

Northern Territory University

Queensland University of Technology

Royal Melbourne Institute of Technology

Southern Cross University

Swinburne University of Technology

University of Adelaide

University of Ballarat

University of Canberra

University of Melbourne

University of New England

University of Newcastle

University of Queensland

University of South Australia

University of Southern Queensland

University of Sydney

University of Tasmania

University of Technology, Sydney

University of Western Australia

University of Western Sydney

University of Wollongong

Victorian College of the Arts

Victoria University of Technology

Schedule G—Part-day Public Holidays
G.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
G.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

G.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
G.4 This schedule is not intended to detract from or supplement the NES.