RMIT University Enterprise Agreement 2018
RMIT University Enterprise Agreement 2018
RMIT University Enterprise Agreement 2018
Contents
DICTIONARY 1
CHAPTER ONE 2
PART A – HOW THIS AGREEMENT OPERATES 2
1 TAKING EFFECT 2
2 COVERAGE 2
3 OPERATION 2
4 VARIATION 2
5 DISPUTES 3
PART B – ENGAGEMENT UNDER THIS AGREEMENT 4
6 THE UNIVERSITY WILL ALWAYS IDENTIFY THE TYPE OF EMPLOYMENT 4
7 TYPES OF EMPLOYMENT 4
PART C – BENEFITS FOR FIXED TERM AND CONTINUING EMPLOYEES 10
8 REMUNERATION 10
9 REMUNERATION PACKAGING 11
10 ACCIDENT MAKE-UP PAY 12
11 JOURNEY PERSONAL ACCIDENT INSURANCE 14
12 WORKPLACE FLEXIBILITY ARRANGEMENTS 14
13 FAMILY VIOLENCE SUPPORT 15
PART D - LEAVE 16
14 LEAVE ENTITLEMENTS 16
15 ANNUAL LEAVE 17
16 PURCHASED LEAVE 18
17 PERSONAL / CARER'S LEAVE 18
18 COMPASSIONATE LEAVE 19
19 LONG SERVICE LEAVE 20
20 PARENTAL LEAVE 21
21 OTHER LEAVE 24
22 CHRISTMAS CLOSEDOWN 25
23 HOLIDAYS 26
PART E - ABORIGINAL AND TORRES STRAIT ISLANDER EMPLOYMENT 27
24 ABORIGINAL AND TORRES STRAIT ISLANDER EMPLOYMENT AND
PARTICIPATION PRINCIPLES AT RMIT 27
25 ABORIGINAL AND TORRES STRAIT ISLANDER EMPLOYMENT COMMITTEE
‘ATSIEC’ 28
26 CULTURAL LEAVE PROVISIONS 30
PART F - ORGANISATIONAL CHANGE 31
27 DEFINITIONS 31
28 CONSULTATION AND THE INTRODUCTION OF MAJOR CHANGE 31
29 REDUNDANCY, REDEPLOYMENT AND RETRENCHMENT 32
PART G - RETIREMENT AND ILL HEALTH RETIREMENT 37
30 VOLUNTARY EARLY RETIREMENT 37
31 TERMINATION OF EMPLOYMENT ON GROUNDS OF ILL HEALTH 37
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PART H - UNSATISFACTORY PERFORMANCE, MISCONDUCT AND SERIOUS MISCONDUCT
40
32 PRINCIPLES RELATING TO DISCIPLINARY ACTION 40
33 UNSATISFACTORY PERFORMANCE 41
34 MISCONDUCT/SERIOUS MISCONDUCT 42
35 APPEALS 43
CHAPTER TWO 45
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DICTIONARY
Unless a clause elsewhere in this Agreement contains a contradictory definition or further explanation, the
following definitions will apply.
"Aboriginal and Torres Strait Islander" means any person who is of Aboriginal and/or Torres Strait Islander
descent, who identifies as an Aboriginal or Torres Strait Island person and is accepted as such by their
Aboriginal or Torres Strait Islander community.
"Act" means the Fair Work Act 2009.
"Agreement" means the RMIT University Enterprise Agreement 2018.
"FWC" means Fair Work Commission or its successor.
"Full rate of pay" means the base rate of pay plus all actual loadings, allowances, and other payments which
would/will apply if/when the employee works the period in question.
"Holiday" means any or all of the holidays specified in clause 23 of this Agreement.
"NTEU" and "Union" means the National Tertiary Education Industry Union.
“Professional Employee” means professional, administrative, clerical, computing, technical and trades
employees of the University covered by this Agreement.
“Relevant Delegated Authority” means an individual, or position, identified by the University as having the
authority to make decisions or determinations in specified circumstances.
“Relevant Senior Officer” means the relevant Vice-President, or member of the Vice-Chancellor’s
Executive, or their delegate.
“Representative” means a person who represents and advocates on behalf of an employee, or the
University, in a process under this Agreement. A Representative cannot be a practising solicitor or barrister
unless that person is also an RMIT employee or an employee of an industrial association.
“RMIT” see: University
“Senior, Specialist or Executive Employee (SSEE)” means an employee who is referred to in clause 53.1 of
Part 2C of this Agreement.
“Superannuation Guarantee Legislation” means the Superannuation Guarantee (Administration) Act 1992
(Cth) including regulations and subordinate legislation, as modified or replaced from time to time.
“Support Person” means a person chosen by the employee to accompany them during meetings and events
taking place as part of a process in this Agreement. The Support Person plays an important role with regards
to the wellbeing of the person being supported. The role of the Support Person does not involve advocating
on behalf of the person they are supporting or opposing the process.
"University" means RMIT University.
"Vice-Chancellor" means the Vice-Chancellor of RMIT University or their nominee.
"Week's Pay" means the week's base rate of pay.
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CHAPTER ONE
PART A – HOW THIS AGREEMENT OPERATES
1 TAKING EFFECT
1.1 This Agreement will come into force seven days after approval by the FWC.
1.2 This Agreement will have a nominal expiry date of 30 June, 2021.
2 COVERAGE
2.1 This Agreement covers:
(a) the University;
(b) the NTEU, subject to the provisions of section 201(2) of the Act; and,
(c) all:
(i) Academic Employees covered by the Academic Classifications in Part 2A;
(ii) Professional Employees covered by the Professional Classifications in Part 2B; and,
(iii) all Senior, Specialist and Executive Employees as defined in Part 2C.
2.2 For the avoidance of doubt this Agreement does not apply to the Vice-Chancellor, the
Director Vocational Education and employees who are covered by any of the following
Agreements or their successors:
(a) Royal Melbourne Institute of Technology Senior Executive Staff Enterprise Agreement
2006;
(b) RMIT University Children's Services Enterprise Agreement 2017;
(c) RMIT Vocational Education Workplace Agreement 2016.
3 OPERATION
3.1 This Agreement encompasses and is in full and final settlement of all matters provided for
herein during its operation.
3.2 This Agreement supersedes, operates to the exclusion of and wholly replaces any previous
certified agreements, awards of the Australian Industrial Relations Commission, Fair Work
Australia or the FWC and any industrial agreements which may otherwise, but for this
clause, apply to those employees whose employment falls within the scope of this
Agreement unless specifically referred to in this Agreement.
3.3 A copy of the Agreement will be available on the University website including as a single
document in downloadable and searchable format.
4 VARIATION
4.1 This Agreement can only be varied in accordance with the provisions of the Act or its
successor.
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5 DISPUTES
5.1 It is agreed that all employees, the NTEU and the University have an interest in the proper
application of this Agreement and in the timely resolution of industrial disputes. Where any
dispute arises under, or as to the operation or application of this Agreement or in relation
to the National Employment Standards the following procedure will apply.
Step 1
5.2 In the first instance one or more employees and/or their Representative, who may be the
NTEU, shall discuss the dispute with the relevant supervisor and/or an appropriate
representative of the University and attempt to reach an agreed resolution. The RMIT
Branch President of the NTEU may raise a dispute directly with the Relevant Delegated
Authority.
Step 2
5.3 If not settled at this stage, then the matter may be discussed further between the
employee’s Representative and a Representative of the University.
5.4 Should the dispute not be resolved by the processes referred to above or if either party fails
to engage in the processes referred to above or if the matter is urgent in character, then
the dispute may, at the election of either party, be referred to the FWC for resolution.
Step 3
5.5 The FWC may resolve the dispute through conciliation and/or arbitration. Subject to the
right of any party to appeal a decision, the parties agree to be bound by and implement any
order, decision or other form of settlement of the FWC.
Other matters
5.6 Where the above procedures are being followed, parties to the dispute will not take any
action to exacerbate the dispute and work will continue normally. No party will be
prejudiced as to final settlement by the continuance of work in accordance with this clause.
5.7 Any dispute pursuant to the Academic Workloads provisions of this Agreement shall be
dealt with in accordance with that clause.
5.8 Any dispute relating to a bona fide safety issue may be dealt with in accordance with
relevant Health and Safety legislation without compliance with this clause.
5.9 Any dispute formally commenced and being dealt with under clause 22.3 or 22.4 of the
RMIT University Academic & Professional Staff Enterprise Agreement 2014, (2014
Agreement), or lodged with the FWC but not concluded at the time at which this Agreement
comes into operation, shall continue to be dealt with in accordance with the relevant
provisions that applied under the 2014 Agreement, including the dispute settling procedure
of that Agreement. For the purposes of this sub-clause the relevant provisions of the 2014
Agreement are deemed to be provisions of this Agreement.
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PART B – ENGAGEMENT UNDER THIS AGREEMENT
7 TYPES OF EMPLOYMENT
CONTINUING EMPLOYMENT
7.1 Continuing employment means all full-time or part-time employment other than
employment on a fixed-term or casual basis.
7.2 Part-time employment means employment for less than the normal weekly ordinary hours
specified for a full-time employee, for which all entitlements are paid on a pro-rata basis
calculated by reference to the time worked.
7.3 Unless otherwise provided for in this Agreement, where a Continuing Employee’s
employment is terminated at the initiative of the University, the employee will be given the
amount of notice as specified in the employee’s contract of employment or an amount of
notice in accordance with the Act, whichever is greater. The University, at its discretion, may
provide payment or part payment in lieu of notice.
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FIXED TERM EMPLOYMENT
Commencing fixed term employment
7.4 Employees will only be employed as Fixed Term Employees when engaged on work activity
that comes within the description of one or more of the circumstances set out in TABLE 7.1.
Upon commencing fixed term employment, fixed term employees will:
(a) have the reasons for their fixed term appointment stated in the "Instrument of
Appointment"; and,
(b) be advised of the start and finish date of the engagement, or the circumstance(s) which
will lead to the expiration of employment (i.e. completion of a specified task or project).
7.5 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 proportion of normal weekly ordinary hours for the classification.
7.6 Employees employed on an incremental structure will be able to progress through that
structure in the same manner as Continuing Employees.
TABLE 7.1 – TYPES OF FIXED TERM EMPLOYMENT
(a) Discontinued Where the University has taken a decision to discontinue or phase out a
Academic program or programs, and where the required work activity cannot be filled by
Programs redeployment, the University may use fixed-term employment where the work
required is to meet commitments to students in the discontinued program/s
provided that:
(i) The use of fixed term employment for this purpose will not exceed
three years; and
(ii) The letter of offer of employment includes an undertaking that,
subject to demonstrated satisfactory performance and, should the
decision to discontinue the program/s be reversed or for any other
reason the employee’s position or substantially the same position
continue beyond a three year period, the employee will be offered
that work for the period that it will continue or on a continuing basis.
(b) Early Career The University may employ on a fixed term contract of employment an Early
Development Career Development Fellow as set out in clause 39 of this document.
Fellowships
(c) New Academic Where the University introduces a new program/s the future of which is
Programs uncertain and where the required positions cannot be filled by redeployment,
the University may employ on fixed-term contracts employees whose work is
in the new program/s, provided that:
(i) the use of fixed-term employment for this purpose will not exceed
three years; and
(ii) the letter of offer of employment includes an undertaking that, should
the program/s continue beyond a three year period, the employee,
subject to demonstrated satisfactory performance, will be offered
employment on a continuing basis.
(d) Post-retirement Where the employee has entered into a Post-retirement contract following
contract normal retirement and where the employee has accessed superannuation
benefits (or equivalent).
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(e) Pre-doctoral A fixed term position allowing the participant to undertake PhD studies as an
fellowship Employee. Only Aboriginal and Torres Strait Islander Employees will be eligible
to be employed as a fixed term pre-doctoral fellow in accordance with clause
25 of this Agreement.
(f) Pre-retirement Pre-retirement contract means a fixed term contract expiring on or around the
contract relevant retirement date for an employee who has declared their intention to
retire, provided that the use of fixed-term employment for this purpose will
not exceed five years.
(g) Professional The University may offer fixed term employment for professional employee
Experience positions for up to two years duration to RMIT graduates to enable them to
Program gain work-based experience in the area of their study, subject to a University
wide cap of 40 at any one time.
(h) Recent Where a course or program in academic, professional or vocational education
professional requires that work be undertaken by a person who has recent relevant
practice practical professional experience, such a person may be engaged for a fixed
required period not exceeding three years. For the purpose of this sub-clause,
professional practice will be considered as “recent” only when it has occurred
within the previous two years.
(i) Replacement means an employee appointed to:
employee
(i) Undertake work activity replacing a full-time or part-time employee
or a number of employees for a definable period for which the latter
is either on authorised leave of absence or takes a temporary
reduction in time fraction or is temporarily seconded away from their
usual work area; or
(ii) Perform the duties of:
(A) a vacant position for which RMIT has made a definite decision
to fill and has commenced recruitment action; or
(B) a position the normal occupant of which is performing higher
duties pending the outcome of recruitment action initiated by
RMIT and in progress for that vacant higher duties position,
or
(C) a vacant position in an area which is subject to organisational
change consultation provided that the use of fixed-term
employment for this purpose will not exceed two years,
until a full-time or part-time employee is engaged for the vacant
position or vacant higher duties position as applicable.
(j) Research Research means work activity by a person engaged on research-only functions
for a fixed term contract not exceeding five years.
(k) Specific task or Specific task or project means a definable work activity which has a starting
project time and which is expected to be completed within an anticipated timeframe,
including a period of employment provided for from identifiable funding
external to RMIT, not being funding that is part of an operating grant from
government or funding comprised of payments of fees made by or on behalf
of students.
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(l) Subsidiary to Where a person is enrolled as a student (studentship), employment under a
Studentship fixed-term contract may be adopted as the appropriate type of employment
for work activity, not within the description of another circumstance in the
preceding paragraphs of this sub-clause, that is work within the student’s
academic unit or an associated research unit of that academic unit and is work
generally related to a degree course that the student is undertaking within the
academic unit, provided that:
(i) such fixed-term contract employment will be for a period that does
not extend beyond, or that expires at the end of, the academic year in
which the person ceases to be a student, including any period that the
person is not enrolled as a student but is still completing postgraduate
work or is awaiting results; and
(ii) fixed-term employment under this paragraph will not be made on the
condition that the person offered the employment undertakes the
studentship.
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TABLE 7.2 – NOTICE PERIOD
Period of continuous Period of Notice
service
Not more than 1 year at least 1 week, or the equivalent of a full pay period, whichever is the
greater
1 year but less than 3 at least 2 weeks, or the equivalent of a full pay period, whichever is the
years greater
3 years but less than 5 at least 3 weeks, or the equivalent of a full pay period, whichever is the
years greater
5 years or over at least 4 weeks, or the equivalent of a full pay period, whichever is the
greater
(a) The employee will also receive an additional week if at the time of the notice they are
older than 45 years of age.
(b) Where, because of circumstances relating to the provision of specific funding to support
employment, external to the University and beyond its control, the University is not
reasonably able to give the notice required by this sub clause, it will be sufficient
compliance with this sub clause if the University:
(i) advises those circumstances to the employee in writing at the latest time at which
the notice would otherwise be required to be given, and
(ii) gives notice to the employee at the earliest practicable date thereafter.
7.8 Nothing in this clause prevents the University from employing an employee on a further
fixed term contract where the employee was not initially employed through a competitive
and open selection process but otherwise meets the requirements of the position.
Severance payments at the conclusion of a fixed term contract
7.9 Entitlement to a severance payment
(a) A Fixed Term Employee is entitled to severance payment when:
(i) The employee wishes to continue in the role; and,
(ii) The person is engaged under:
(A) New Academic Programs;
(B) Research Position; or,
(C) Specific Task or Project; and,
(iii) The University elects to continue the position but not offer it to this employee;
OR,
(i) The employee wishes to continue in the role; and,
(ii) The University elects not to renew the contract; and,
(iii) The person is engaged under:
(A) New Academic Programs;
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(B) Research Position; or,
(C) Specific Task or Project; and,
(iv) The person is on a second or subsequent fixed term contract for the same reason
as the first contract and the same or substantially similar duties are no longer
required by RMIT.
(b) Where the University advises an employee in writing that further employment may be
offered within five weeks of the expiry of a period of fixed term employment, then
payment of severance benefits may be deferred for a maximum period of five weeks
from the expiry of the period of fixed term employment. Provided that where the
University offers such further employment at the same level or above no severance
payment will be paid.
7.10 The entitlement to Severance, if the above criteria are met, is set out in TABLE 7.3.
TABLE 7.3 – SEVERANCE FOR FIXED TERM EMPLOYEES
Employee’s period of continuous service Severance benefit
At least 1 year but less than 2 years 4 weeks
At least 2 years but less than 3 years 6 weeks
At least 3 years but less than 4 years 7 weeks
At least 4 years but less than 5 years 8 weeks
At least 5 years but less than 6 years 10 weeks
At least 6 years but less than 7 years 11 weeks
At least 7 years but less than 8 years 13 weeks
At least 8 years but less than 9 years 14 weeks
At least 9 years 16 weeks
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PART C – BENEFITS FOR FIXED TERM AND CONTINUING EMPLOYEES
8 REMUNERATION
Salary Increases
8.1 Employees will receive salary increases as set out in Chapter 2 of this Agreement.
The salary increases are as follows:
(a) 2% from first full pay period after 1 June, 2018
(b) 2% from first full pay period after 1 June, 2019
(c) 2% from first full pay period after 1 June, 2020
(d) 2% from first full pay period after 1 June, 2021
8.2 All Professional Employees to whom this Agreement applies will be paid in accordance with
Part 2B.
8.3 All Academic Employees to whom this Agreement applies will be paid in accordance with
Part 2A.
8.4 The schedule of salary increases in this clause will apply to all allowances, including special
allowances, provided by this Agreement.
Sign-On Bonus
8.5 Continuing and Fixed-term Employees, employed as at 3 August 2018, will receive a sign-on
bonus of $800, which will be paid in the first full pay period following approval of the
Agreement by the FWC, pro-rata for Part-time Employees with a minimum of $400.
8.6 Casual Employees who:
(a) perform work under this Agreement; and,
(b) were employed over the 12 months preceding 3 August 2018 and during that 12 month
period worked for an average of at least 15 hours per week;
will receive a sign-on bonus of $400, which will be paid in the employee’s first full pay period
following approval of the Agreement.
Payment of salary
8.7 All salaries will be payable fortnightly by electronic funds transfer. Payment by electronic
funds transfer will be made to a financial institution of the employee’s choice.
8.8 Each employee will be able to access details regarding the make-up of the employee's pay
and deductions therefrom, and leave balances.
8.9 Casual employees will be paid within 21 days of the lodging of a valid claim for payment,
which is a claim that is entered into the system and approved by the Relevant Delegated
Authority.
8.10 The University will provide employees, on request, with payroll deduction of union dues,
free of charge.
Superannuation
8.11 The University will make employer superannuation contributions to UniSuper for all eligible
employees.
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8.12 From the commencement of this Agreement, the University will continue to make RMIT
superannuation contributions to Unisuper:
(a) for employees who are employed on a continuing basis or fixed term contract of 12
months or more: 17%;
(b) for employees who are employed on a fixed term contract of less than 12 months: 9.5%
or other minimum amount specified by legislation, whichever is the greater amount;
(c) for employees employed on consecutive fixed term contracts for a period that equals or
exceeds 12 months: 17% from the start of the 13th month of employment.
8.13 From the first full pay period following 1 July 2019, the University will make RMIT
superannuation contributions to Unisuper for all employees who are employed on a
continuing basis or fixed term basis at a rate of 17%.
8.14 These employer superannuation contribution payments will be made to the relevant plan
as advised by Unisuper.
8.15 For employees who are employed on a casual basis, the rate will be 9.5% or the rate
specified in the Superannuation Guarantee Legislation, whichever is the greater.
8.16 The University will make deductions from an employee’s salary for superannuation to
UniSuper at a rate of 7% (post-tax) until advised by the employee of an alternative
deduction as offered by the fund to which they are contributing.
8.17 An eligible employee can elect to receive less than 17% employer superannuation
contributions to the extent permitted by the UniSuper Trust Deed, provided always that the
combined amount of the employee’s salary and other payments and employer
superannuation contributions is not thereby diminished. When being provided with this
option, the employee (or prospective employee) must be provided with the option of
receiving 17% employer contributions.
8.18 Notwithstanding anything in this clause, in addition to the flexibility of employer
contributions as provided for in this clause, the University may exercise its options under
the terms of its participation in UniSuper for the flexibility in coverage and/or contribution
levels. This does not include any employee who has made an election to receive less than
the 17% employer superannuation contributions under clause 8.17.
8.19 Notwithstanding anything in this clause, the University will continue the existing
arrangements and apply the applicable rate of employer contributions for pre-existing
members of the State Superannuation Fund (New and Revised).
8.20 Employer contributions are to be made when employees are on paid leave or on workers
compensation and in receipt of accident make-up pay.
8.21 An employee in respect of whom employer contributions are being made to a UniSuper
defined benefit product may, for periods of authorised leave without pay, apply to the
University to make payments to UniSuper to cover employer and employee contributions
which would usually have been made to UniSuper in respect of that defined benefit, had
that employee not been on authorised leave without pay. Such payments will be funded by
the employee.
9 REMUNERATION PACKAGING
9.1 While the provisions of this clause are available to all continuing and fixed term employees,
casual employees may only salary sacrifice superannuation contributions.
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9.2 The University may decide to provide to an employee a remuneration package which
involves the employee reducing part of their salary applicable under this Agreement, in
return for non-cash benefits offered by the University. The remuneration package will
require the employee to meet the full cost of the provision of such benefits and associated
taxation, and administration costs, provided that any payroll tax savings will be passed onto
the employee. Notwithstanding anything contained in this clause, the salary as specified in
this Agreement will be used as the basis for calculation of the following entitlements:
termination payments; superannuation; annual leave and long service leave entitlements;
retrenchment benefits; overtime and shift penalties; NTEU dues; annual leave loading
entitlements.
9.3 Participation in the remuneration packaging scheme is voluntary. The value of the
employee's remuneration package and its terms and conditions will be recorded in a written
agreement between the University and the employee. A remuneration package agreement
will be renegotiated annually, unless otherwise agreed between the University and the
employee. An employee may be able to reduce up to 50% or, in the case of superannuation,
up to 100% of their salary as part of a remuneration package. An employee may withdraw
from a remuneration packaging agreement subject to providing one month’s written notice
to the University.
9.4 If legislative or other changes result in increased cost of remuneration packaging to the
University, the University may elect to terminate a remuneration packaging agreement with
an employee, unless the employee elects to pay the additional cost (or increases the
amount of salary sacrificed).
9.5 As the University is assisting its employees by providing the salary and benefits package,
and recognising that the law and circumstances may change, and that the University may
be relying on a third party to provide benefits, the University will not be responsible for any
loss or disadvantage suffered by the employee arising from:
(a) the cessation of any benefits;
(b) any variation to the terms and conditions on which salary and benefits are provided,
subject to the provisions of this clause;
(c) the termination of an individual remuneration package by the employee in accordance
with this clause;
(d) the University arranging for the third party to provide benefits to or for the benefit of
the employee or an associate of the employee, unless such loss:
(i) directly arises from the terms and conditions of the agreement between the
University and the third party; and
(ii) could have reasonably been foreseen and prevented by the University; and was
beyond the control of the employee.
9.6 If a remuneration packaging agreement is discontinued, or if the employee's services with
the University terminate, the University will be entitled to recover any payment of salary
and benefits granted in advance, including by making deductions from an employee's salary
or other monies payable upon the employee's termination.
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payable by or on behalf of the University pursuant to the provisions of the Victorian
Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act).
10.2 “Accident Make-up Pay” means a payment of an amount being the difference between the
weekly amount of compensation paid to the employee pursuant to the WIRC Act and the
employee's base rate of pay or, where the incapacity is for a lesser period than one week,
the difference between the amount of such compensation and the rate of pay for that
period.
10.3 The University will pay or cause to be paid accident make-up pay during the incapacity of
the employee within the meaning of the WIRC Act. Such payment will not be paid:
(a) in excess of a continuous period of 52 weeks of total or partial incapacity; or
(b) in excess of an aggregate period of 52 weeks of total or partial incapacity in respect of a
particular injury or incapacity.
10.4 The liability of the University to pay make-up pay in accordance with this clause will arise as
at the date of the injury in respect of which workers’ compensation is payable.
10.5 The University will not terminate the employment of any employee who is in receipt of
accident make-up pay in accordance with this clause except where such termination is due
to Serious Misconduct on the part of the employee.
10.6 In the event that an employee receives a lump sum in redemption of weekly compensation
payments under the WIRC Act, the liability of the University to pay make-up pay in relation
to that injury will cease from the date of such redemption.
10.7 The employee will repay any payments made in settlement of a claim for civil damages in
connection with the injury to the extent that the judgment or settlement specifically
compensates the injured employee for make-up payments made under this clause.
10.8 Where an employee is off duty as a result of an injury for which the University is liable for
make-up pay under this clause, the employee will be entitled to return to duty on alternate
duties should a registered medical practitioner so recommend, for the purposes of
rehabilitation, and provided that suitable work is available, without prejudice to other
employees.
10.9 An employee who is partially incapacitated and who cannot obtain suitable employment
with the University but who has obtained suitable employment with another employer will
continue to be paid make-up pay by the University on the basis prescribed in clause 10.2
and 10.3 provided that the employee furnishes to the University evidence to the satisfaction
of the University of the rate of actual earnings the employee is receiving from the other
employer.
10.10 An employee who is a claimant for workers’ compensation pursuant to this clause, may
upon application be granted Personal Leave to cover such absence in accordance with
clause 17. Provided that no employee will be concurrently entitled to the payment of sick
leave and make-up pay as prescribed in clauses 10.1 and 10.2.
10.11 If an employee is granted sick leave as provided by this sub clause and subsequently has a
workers’ compensation claim accepted for the same period or part thereof pursuant to
clause 10.1 on account of the same injury, the University will re-credit the sick leave taken
pursuant to this sub clause.
10.12 For an injury incurred prior to the proclamation of the WIRC Act, reference to that Act will
be deemed to be references to the Victorian Accident Compensation Act 1985 or the
Workers Compensation Act, 1958, as is relevant.
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11 JOURNEY PERSONAL ACCIDENT INSURANCE
11.1 The University will provide journey personal accident insurance to cover employees for
personal injuries solely and directly occurring while engaged in a direct journey between
the bounds of their normal residence and place of employment for the purposes of starting
or ending their day’s work.
11.2 The University is not responsible for any costs associated with journeys to and from work
other than the payment of the appropriate premiums.
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(b) includes the name of RMIT and of the employee; and
(c) is signed by RMIT and the employee and if the employee is under 18 years of age, signed
by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions
of their employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
12.6 The University or the employee may terminate the agreement:
(a) by giving no more than 28 days’ written notice of termination to the other party and the
agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between the University and the individual employee.
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PART D - LEAVE
14 LEAVE ENTITLEMENTS
14.1 Unless otherwise stated, the leave entitlements and arrangements in this section apply only
to Continuing and Fixed Term Employees, paid leave refers to leave on full pay, and “days”
means “working days”.
Recognition of Prior Service
14.2 RMIT will recognise service, for employees commencing employment on or after the date
of operation of this Agreement, with:
(a) other publicly funded Australian Universities and publicly funded Australian Institutes of
Technical and Further Education, and
(b) privately funded Universities that have reciprocal arrangements with RMIT and whose
Chief Executive Officer is a member of Universities Australia.
Service with other employers may be recognised at the discretion of the Vice-Chancellor or
nominee.
Service will be recognised for the purposes of:
(a) Personal Leave (to a cap of 15 days),
(b) Long Service Leave Accruals (that have not been paid out) subject to clause 19.3; and,
(c) the application of Parental Leave entitlements.
14.3 An employee is not entitled to have prior service recognised if there has been a break in
service of more than six months.
Leave to Count As Service
14.4 Without detracting from what may be specified elsewhere in this Agreement, the following
will count as service in determining the entitlement of an employee to leave for all other
purposes:
(a) any period of paid leave with long service leave taken on half pay counting as normal
service;
(b) any continuous period of sick leave without pay not exceeding twenty working days;
(c) any period of sick leave without pay not exceeding in the aggregate twenty working days
in any year of service;
(d) any period of parental leave not exceeding fifty-two weeks;
(e) any period of leave without pay for the purpose of contesting elections to Federal or
State Parliament;
(f) any other period of unpaid leave, whether continuous or aggregate, not exceeding
twenty working days in any year of service.
14.5 For the purpose of determining an employee’s entitlement to long service leave, where the
employee’s service is not continuous, the aggregate period of service including service
recognised from previous employers as defined in clause 14.2, will count as service.
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Pro-rata Payment
14.6 Where an employee (other than a casual) is entitled to paid leave in accordance with this
Agreement and the employee is employed on a part-time basis, the employee will not by
reason of being a part-time employee be required to serve a longer period of service to
qualify for any leave entitlement, or be granted any lesser period of leave, but will be paid
pro-rata for any such leave.
15 ANNUAL LEAVE
Entitlement to Annual Leave
15.1 An employee will be entitled to 20 days annual leave for each year of service, calculated
pro-rata which accrues progressively according to the employee’s ordinary hours of work.
15.2 No deduction will be made from annual leave credits for any holiday as prescribed in clause
23 that falls within a period of annual leave.
15.3 Annual leave accrued but not taken will be paid to an employee upon the termination of
employment or to the employee’s legal representative in the event of death. Payment will
be made for each completed year of service plus a pro-rata amount for the current year,
calculated on a daily basis according to the employee’s ordinary hours of work.
15.4 Annual leave granted in advance before accrual will, where the employee leaves the
University’s service, be deducted from termination payments or otherwise repaid by the
employee.
15.5 Annual leave is to be taken at a mutually agreed time having regard to operational
requirements and the employee’s wishes, provided that the employee will be entitled to
take the leave as a single continuous period.
15.6 It is expected that 20 days leave will be taken during the year in which it is accrued.
15.7 The University will advise each employee of their accrued leave credits and will notify an
employee when the balance exceeds 25 days. Within 20 working days of receiving this
notification, the employee will submit a leave plan to the supervisor that reduces and
maintains the balance to 20 or less days. The plan will not be unreasonably refused by their
supervisor. Where agreement is not reached or the employee fails to submit the plan by the
due date, the University will direct the employee to take any leave over 20 days on dates
nominated by the University and the leave balance will be adjusted accordingly.
15.8 The University may direct fixed term employees to take their full annual leave entitlement
during the term of the contract.
Annual Leave Loading
15.9 An employee who has qualified for four weeks leave as at 30 November in any year will
receive in respect of that leave a loading of 17.5% of four weeks’ salary up to a maximum
amount equivalent to the Commonwealth Statisticians average weekly total earnings of all
males (Australia) for the most recently available quarterly data the date of payment (pro-
rata).
15.10 An employee whose employment commenced after 1 December in any year and/or
terminated before 30 November will be paid the loading calculated for each completed
month of continuous service.
15.11 The loading will be paid on the first payday in December or on the date of termination of
employment.
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Cashing out of annual leave
15.12 Notwithstanding clause 15.6 and 15.7, where an employee has more than 40 days of
accumulated Annual Leave, the University and an employee may agree in writing to the
cashing out of a particular amount of accrued paid annual leave by the employee provided
that:
(a) Each cashing out of a particular amount of paid annual leave must be the subject of a
separate agreement under this clause;
(b) An agreement must not result in the employee’s remaining accrued entitlement to paid
annual leave being less than 25 days; and
(c) The employee must submit, and have approved, a leave plan that makes provision for
the utilisation of at least 10 days of the remaining annual leave balance.
15.13 Leave cannot be cashed out on more than one occasion in any 12 month period.
15.14 The employee will be paid the full amount that would have been payable had they taken
the leave.
16 PURCHASED LEAVE
16.1 With the University’s agreement, Continuing and Fixed Term Employees may elect to
purchase leave of between 1 and 6 whole weeks in any 12 month employment cycle.
16.2 Any purchased leave must be taken within the 12 month employment cycle, in addition to
the standard annual leave entitlements.
16.3 Any purchased leave arrangements are subject to annual review and approval by the
University.
16.4 All periods of paid leave will accrue at the rate equivalent to the arrangement (e.g. 48/52 of
the employee's full-time equivalent salary) for that 12 month period during the cycle.
16.5 Where an employee is being paid on an altered employment cycle under these provisions,
and their employment terminates, the University will either provide additional payment to
the employee or recoup payment, so that the employee is paid for duties actually carried
out up to the date of termination.
16.6 The University will refer an employee to their superannuation fund for advice on any
implications of the arrangement prior to the employee entering into a purchased leave
arrangement.
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17.4 Where the University has requested proof of illness or injury and the employee has failed
to provide that proof within 10 working days of the request, the employee will be deemed,
for payroll purposes, to have been on unpaid personal leave from the commencement of
that leave. In the event that proof of illness, sickness or injury is provided at a later time,
the employee’s unpaid leave will be converted to paid leave in accordance with the
University’s leave policies and provisions. At the employee’s request, the leave will be
deducted from annual leave credits.
17.5 No deduction from personal leave credits will occur for public holidays during a period of
personal leave.
17.6 An employee who becomes ill or injured during a period of annual leave or ill or injured for
a total of three or more days during a period of long service leave may apply for personal
leave for those days and have the corresponding number of days of annual/long service
leave re-credited provided that they provide satisfactory proof of the illness or injury.
17.7 Without deduction from personal leave credits, an employee who contracts a notifiable
infectious disease or is isolated at the direction of a registered medical practitioner due to
contact with a person with such disease, will be granted paid isolation leave for the required
period of absence.
17.8 Without deduction from personal leave credits, an employee who is absent on account of
illness due to disabilities certified by the Department of Veterans Affairs as directly resulting
from war service will be granted paid repatriation leave of up to 15 days for each year of
service, which will be cumulative up to 100 days.
Providing care or support to a member of the employee's immediate family or household
17.9 An employee is entitled to use any of their entitlement to paid personal leave for the
purposes of caring for or supporting a member of the employee’s immediate family or
household, or a person for whom an Aboriginal and Torres Strait Islander employee has an
equivalent Aboriginal and Torres Strait Islander kinship relationship, who requires support
because of:
(a) a personal illness, or personal injury, affecting the member; or
(b) an unexpected emergency affecting the member.
17.10 In such cases proof of the requirement for support must be supplied when requested.
17.11 Where there is no entitlement to paid leave, employees (including casual employees) are
entitled to up to 2 days unpaid leave per occasion to care for a member of their family or
household, or a person for whom an Aboriginal and Torres Strait Islander employee has an
equivalent Aboriginal and Torres Strait Islander kinship relationship, in cases of their illness
or injury or unexpected emergencies.
18 COMPASSIONATE LEAVE
18.1 Paid leave of up to three days will be granted for each occasion to a Continuing or Fixed
Term employee due to the death, serious illness or injury of:
(a) a spouse or de facto spouse of the employee.
(b) a child, parent, legal guardian, grandparent, grandchild or sibling of the employee or the
employee’s spouse.
(c) a relative who has taken the place of a parent or resides with the employee.
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(d) a member of the employee’s household.
(e) a person for whom an Aboriginal and Torres Strait Islander employee has an Aboriginal
and Torres Strait Islander kinship relationship equivalent to (a) – (d) above.
18.2 On each occasion supporting evidence must be supplied when requested.
18.3 Casual employees will be entitled to up to two days unpaid compassionate leave, for each
occasion, provided the requirements of this clause are met.
18.4 Additional paid or unpaid leave may be granted having regard to circumstances, such as a
delayed funeral, Aboriginal and Torres Strait Islander business associated with a funeral, or
the necessity of extensive travel.
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19.7 Payment of unused long service leave credits will be paid to an employee, or their legal
representative where applicable, in the event that the employee dies or retires or has their
employment terminated on the grounds of ill health after four years’ service with the
University, or their employment terminates after seven years’ service inclusive of service
recognised with a previous employer.
19.8 A payment in lieu of long service leave will be computed on a daily basis, equivalent to 1.3
weeks per annum.
Casual Long Service Leave
19.9 Any service as a casual employee which meets the requirements of the Long Service Leave
Act 1992 (Vic), or any successor legislation, will count as service for the purposes of long
service leave provisions.
20 PARENTAL LEAVE
Entitlement to parental leave (Fixed Term and Continuing Employees)
20.1 Fixed Term and Continuing Employees are entitled to up to 52 weeks of parental leave in
accordance with the Act. The leave will be unpaid leave unless the employee is entitled to
paid leave in accordance with this clause or otherwise accesses any paid leave entitlements
to which the Employee is entitled.
Entitlement to parental leave (Casual Employees)
20.2 In accordance with the Act, a Casual Employee is entitled to up to 52 weeks of unpaid
parental leave where the employee has been employed by the University on a regular and
systematic basis for a period of greater than 12 months, and would have had a reasonable
expectation of reemployment by the University if not for the birth or placement of a child.
Right to request additional unpaid leave
20.3 At the end of the period of leave referred to in clauses 20.1 or 20.2, a Fixed Term or
Continuing Employee may request up to an additional 52 weeks of leave in accordance with
the Act. Any leave granted in accordance with such a request will be unpaid leave unless the
Employee accesses any paid leave entitlements to which the employee is entitled.
Taking parental leave
20.4 An employee may take parental leave by giving eight weeks’ written notice of the intended
date of commencement and the intended period of leave to be taken.
20.5 An employee may request to commence unpaid leave from 20 weeks prior to their expected
due date up until 6 weeks prior to their expected due date or the arrival of the child into the
household.
Changing the period of parental leave to be taken
20.6 Where approved by the University, an Employee may reduce the period of parental leave
that the employee has applied to take.
20.7 An employee may extend the period of parental leave taken up to 52 weeks by giving ten
days’ written notice and request further unpaid leave in accordance with clause 20.3 above.
Direction to take leave
20.8 The University may, subject to the Act, require a pregnant employee to commence parental
leave at any time within the 6 weeks prior to the expected date of birth of the child.
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Paid Primary Carer’s Leave
20.9 A Fixed Term or Continuing Employee is entitled to Paid Primary Carer’s Leave in accordance
with this clause if during the Relevant Period:
(a) the employee is pregnant and has commenced parental leave; or
(b) the employee provides satisfactory evidence that the employee is the Primary Carer of
a child.
20.10 The Relevant Period commences:
(a) in the case of a pregnant employee, up to six weeks prior to the expected date of birth
but no later than the date of birth of the child; or
(b) in any other case, on the date of birth of the child or upon the arrival of the child into
the household.
20.11 The Relevant Period ends depending on the employee’s length of continuous service at the
time of the commencement of the Relevant Period in accordance with the table below:
TABLE 20.1 – END OF RELEVANT PERIOD
Length of continuous service at the time of Relevant Period ends when the following period of
commencement of the Relevant Period time has elapsed from commencement of the Relevant
Period
3 or more years 24 weeks
At least 1 year but less than 3 years Between 14 and 24 weeks (as calculated on a pro rata
basis per completed month of service)
Less than 1 year Up to 14 weeks (as calculated on a pro rata basis per
completed month of service)
20.12 An employee is entitled to Paid Primary Carer’s Leave for that part of the Relevant Period
for which the employee is the Primary Carer of child or is a pregnant employee and on leave.
20.13 A person is the Primary Carer of a child for a period if the child is in the person’s care during
that period and the person meets the child’s physical needs more than anyone else in that
period. Only one person can be a Primary Carer for a child at any one time.
20.14 Paid Primary Carer’s Leave must be taken in a single continuous period.
20.15 If an employee commences Paid Primary Carer’s Leave after the commencement of the
Relevant Period, the employee is only entitled to Paid Primary Carer’s Leave for the balance
of the Relevant Period.
20.16 An employee may take some or all of their entitlement to Paid Primary Carer’s Leave at half
pay for twice the duration.
20.17 Where the Paid Primary Carer’s Leave is taken at half pay, all leave and superannuation
accruals during the period will also accrue pro-rata.
20.18 A Fixed Term Employee on Paid Primary Carer’s Leave whose contract expires will not be
eligible for further paid leave unless re-employed on continuing or further fixed term
employment. The provision of parental leave will not be grounds for termination of a
contract or for a refusal of further employment.
22
Special unpaid maternity leave
20.19 A pregnant employee is entitled to a period of special unpaid maternity leave in accordance
with the Act where the employee is not fit for work because of a:
(a) pregnancy-related illness; or
(b) the pregnancy ends within 28 weeks of the expected date of birth of the child other than
by the birth of a living child.
Returning to work
20.20 During parental leave, normal incremental advancement will continue.
20.21 On return to work from parental leave, an employee will be entitled to the same substantive
time fraction, classification and salary as applied at the commencement of the leave, with
duties commensurate with the employee’s qualifications and experience and as similar as
possible to those performed before taking leave.
20.22 In addition to clause 20.21, an employee who, because of pregnancy, worked a reduced
time fraction immediately prior to taking leave, will be entitled to the same time fraction,
substantive classification and salary with duties commensurate with the employee’s
qualifications and experience and as similar as possible to those performed before
commencing that reduced time fraction.
20.23 An employee returning to work from a period of parental leave greater than 24 weeks will,
together with their Manager or Supervisor, develop a return to work plan to facilitate re-
entry to the workforce and align with their stated career goals and the requirements of the
University.
20.24 On return to work from a period of parental leave greater than 24 weeks, an employee may,
with University agreement, temporarily reduce their time fraction with an entitlement to
revert to their substantive time fraction at an agreed date within five years following their
return from parental leave. This entitlement is in addition to any other entitlement the
employee has under the Act to request flexible working arrangements.
Return to Work Bonus
20.25 The Return to Work Bonus is designed as an incentive to encourage employees who have
recently been on a period of Paid Primary Carer’s Leave to return to the workplace.
20.26 An employee who has been absent on parental leave for a period of:
(a) not less than 24 weeks; and,
(b) not more than 104 weeks;
and that period of parental leave included Paid Primary Carer’s Leave, is entitled to a Return
to Work Bonus in connection with their return to work.
20.27 An employee is entitled to a Return to Work Bonus of one week of pay for each completed
month of service following the return to work, to a maximum of 12 weeks’ pay.
20.28 Where an employee’s time fraction has varied, the entitlement to Paid Primary Carer’s
Leave and the Return to Work Bonus is calculated on the weighted average of the time
fraction over the preceding period of continuous service to a maximum of three years.
Provided that any change in time fraction due to pregnancy-related issues or on return from
parental leave, will not impact on calculation of subsequent parental leave and return to
work bonus entitlements.
23
20.29 Should the employee cease employment with RMIT within 12 months of returning to work,
any amount paid in advance of accrual of the Return to Work Bonus in accordance with
clause 20.27 will be repaid by the employee.
20.30 The Return to Work Bonus may be used:
(a) as an allowance to supplement reduced salary due to reduced time fraction on return
from parental leave; and/or,
(b) other assistance as approved by the University.
Paid Partner Leave
20.31 A Fixed Term or Continuing Employee who has or will have a responsibility for the care of a
child but is not the Primary Carer of the child is entitled to 10 days of paid leave, which may
be taken at any time within 6 months of the date of birth or placement of the child. The
entitlement to leave is subject to the submission of any evidence that may reasonably be
requested by the University.
Special Paid Leave
20.32 Where a pregnancy terminates by miscarriage or results in still-birth within 20 weeks of the
expected date of birth, the Employee who was due to give birth will be entitled to Special
Paid Leave for a period equivalent to half of the Paid Primary Carer’s Leave to which they
would have otherwise been entitled. Special Paid Leave is not considered to be Paid Primary
Carer’s Leave for the purposes of clause 20.26.
Transfer to safe job and no safe job leave
20.33 A pregnant employee may be entitled to be transferred to safe job or to ‘no safe job leave’
in accordance with the Act where the Employee is fit for work, but it is inadvisable for the
Employee to continue in the Employee’s present position during a stated period because of
illness, or risks arising out of the employee’s pregnancy; or hazards connected with that
position.
21 OTHER LEAVE
21.1 Paid leave will be granted to an employee for the duration of attendance at a court for jury
service or for appearing as a Crown witness or to provide evidence directly related to their
employment at RMIT. Fees for jury service will not be deducted from salary. Evidence of the
requirement to attend a court and of attendance will be submitted to the University.
21.2 An employee who is in the Defence Reserve will be entitled to two weeks paid leave for
attendance at an annual training camp and a further four paid days a year for the same
purpose on the certification of the unit’s Commanding Officer. Such an employee will also
be entitled to two weeks leave in any one year for up to two schools, classes or courses
conducted by or on behalf of the Reserve, but the University will pay the difference between
normal salary and any pay received from the Reserve. Applications for leave will be
submitted before leave commences and evidence of attendance will also be required on
return to duty.
21.3 An employee who donates blood will be granted paid leave for each such attendance.
21.4 An employee whose services are required as a member of a voluntary organisation called
upon by government or a competent authority to assist in fire-fighting, other emergency
assistance, or auxiliary operations, or who responds to an appeal for volunteers for such
24
assistance, will be granted paid leave for duration of operations plus an additional day for
recovery.
21.5 An employee who participates as a competitor or accredited official in the Olympics or
Commonwealth Games will be entitled to paid leave for the period of competition together
with reasonable travel time. Participants in other international or interstate competitions
will be entitled to unpaid leave. The entitlement to leave for these purposes is up to 20 days
in a year of service and 14 days’ notice will be given by the employee along with
documentary evidence.
21.6 A candidate for Federal or State Parliament will be entitled to unpaid leave for all or part of
the period between the close of nominations and the declaration of the poll, but may use
annual or long service credits during such absence.
21.7 Up to three days unpaid leave will be granted for the purpose of cultural, ceremonial or
religious observance, subject to the submission of a statutory declaration or other
satisfactory evidence.
21.8 The University may grant such other paid or unpaid leave on such terms and conditions as
may be agreed with an employee.
21.9 An employee required to perform all or the majority of duties at a campus or site other than
the previous place of work will be entitled to up to two days paid leave to remove household
goods where they relocate to a residence that is closer to the new workplace or, in the case
of a commuter by public transport, more convenient for travel by public transport.
21.10 Paid leave of up to five days per calendar year may be granted to an employee to attend
short courses or seminars on industrial relations or dispute resolution or national
conference on the following conditions.
(a) That the University’s operating requirements permit the granting of leave.
(b) That the scope, content and level of the short courses are such as to contribute to a
better understanding of workplace employee relations.
(c) Leave on full pay in excess of five working days and up to 10 working days may be granted
to a employee in any one calendar year subject to the total leave granted in that year
and in the subsequent calendar year not exceeding 10 working days.
(d) Payment will be at the full rate of pay excluding shift and other penalty payments, or
overtime.
(e) The University will be provided prior formal advice of the training course at least 10
working days before the commencement of the course. The formal advice must detail
the duration of the course, the course outline and the venue of the course. This formal
advice should accompany an application for leave by the employee.
(f) Expenses associated with attendance at such courses or seminars e.g. fares,
accommodation, meal costs and course materials will be met by the employee
concerned.
22 CHRISTMAS CLOSEDOWN
22.1 The days that are not holidays or granted in lieu of holidays during a period of closure of
RMIT’s premises between Christmas Day and New Year’s Day (the Christmas Closedown)
will be granted without loss of pay to employees.
25
22.2 Where an employee is required by the University to work during the Christmas Closedown,
the supervisor and employee will agree to an alternative day/s leave on full pay, or some
other mutually agreeable arrangement.
23 HOLIDAYS
23.1 An employee (other than a casual) will be entitled to the following holidays without loss of
pay.
23.2 New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Monday, Easter Tuesday,
Anzac Day, Queen’s Birthday, Melbourne Cup Day, Christmas Day and Boxing Day.
23.3 Where any day or days are gazetted in addition to or in substitution of any of the above
mentioned days by proclamation or Act of Federal or Victorian State Parliament, then that
day or days will be observed as holidays without loss of pay.
23.4 Provided that:
(a) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed
on 27 December.
(b) When Boxing Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on
28 December.
(c) When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof
will be observed on the next Monday.
23.5 The University together with the majority of employees at a workplace may agree in writing
to substitute another day for any prescribed holiday in this clause.
26
PART E - ABORIGINAL AND TORRES STRAIT ISLANDER
EMPLOYMENT
27
25 ABORIGINAL AND TORRES STRAIT ISLANDER EMPLOYMENT
COMMITTEE ‘ATSIEC’
25.1 RMIT is committed to improving the employment, retention and career progression
outcomes for Aboriginal and Torres Strait Islander employees.
25.2 The role of the ATSIEC is to ensure that the appropriate employment culture and practices
are in place to support the development and advancement of the careers of current
Aboriginal and Torres Strait Islander employees and to increase the overall number of
Aboriginal and Torres Strait Islander employees at RMIT.
ATSIEC will oversee and be responsible for the following:
25.3 Developing and monitoring the implementation of Aboriginal and Torres Strait Islander
Policy and the Aboriginal and Torres Strait Islander Employment Plan (the Plan) as it relates
to employment, retention and advancement of Aboriginal and Torres Strait Islander
employees.
25.4 Monitoring progress and ensuring alignment to RMIT’s workforce planning processes and
priorities.
25.5 Setting and monitoring employment targets, including pre-doctoral fellowships, and related
retention and progression strategies which are set annually in June each year and reviewed
quarterly by ATSIEC.
As at 30 June 2018 RMIT employed 27.7 EFT Aboriginal and Torres Strait Islander employees.
This will be increased to a minimum of 35 EFT as at 30 June 2019. The ATSIEC will develop
and implement an Aboriginal and Torres Strait Islander Employment Target setting
mechanism. Such mechanism will set and oversee the implementation of the annual
employment targets for each subsequent year following 2019. The annual employment
targets will be consistent with the RMIT University Aboriginal and Torres Strait Islander
Employment Plan 2016 – 2020.
25.6 Report results and progress through to the Reconciliation Implementation Committee (RIC)
or successor.
Composition & Structure of ATSIEC
25.7 The ATSIEC will be co-chaired by a member of the Vice-Chancellor’s Executive (the VCE
member) and the University’s most Senior Aboriginal and Torres Strait Islander Employee
(who must hold an Executive level position).
25.8 Terms of reference, governance, reporting structure and membership will be developed and
maintained by the ATSIEC.
25.9 The ATSIEC, although convened under this Agreement, may also work for the benefit of
Aboriginal and Torres Strait Islander employees across other RMIT entities, and
employment categories, and may include membership of employees not covered by this
Agreement.
25.10 The ATSIEC will contain at least two members nominated by the NTEU (at least one whom
is an employee of RMIT, and one who is Aboriginal and Torres Strait Islander).
25.11 The ATSIEC may invite other RMIT employees and non-RMIT employees to participate in
discussions as it deems appropriate.
25.12 The ATSIEC will contain at least two members nominated by the Aboriginal and Torres Strait
Islander Employee Network (one professional employee and one academic employee).
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25.13 The ATSIEC will enable ‘structural’ self-determination by ensuring a majority of
representation of Employee members are of Aboriginal and Torres Strait Islander descent.
Aboriginal and Torres Strait Islander Employee Network
25.14 RMIT University recognises that Aboriginal and Torres Strait Islander employees bring
specific knowledge and expertise which is often drawn upon by the University community.
25.15 RMIT recognises that Aboriginal and Torres Strait Islander self-determination is a collective
right, and promotes an ability to gather, consult and provide direction on employment
conditions that directly impact those employees as individuals and as a collective.
25.16 RMIT will facilitate an Aboriginal and Torres Strait Islander Employee Network to:
(a) Engage with the wider University community for the advancement of RMIT and its
Aboriginal and Torres Strait Islander employees and students;
(b) Discuss the lived experience of Aboriginal and Torres Strait Islander employees at RMIT;
and
(c) Make recommendations on Aboriginal and Torres Strait Islanders employment matters
to other areas of the University.
25.17 All RMIT employees who are and have identified themselves to the University as Aboriginal
and Torres Strait Islander will automatically be entitled to membership of this network.
25.18 RMIT University recognises as part of each Aboriginal and Torres Strait Islander employee’s
workload and work plan that these contributions will be acknowledged and supported by
managers.
ABORIGINAL AND TORRES STRAIT ISLANDER EARLY ACADEMIC CAREER DEVELOPMENT
PhD Students
25.19 If an Aboriginal and Torres Strait Islander student is enrolled in a Higher Degree by Research
program then they may be offered engagement on a full-time, continuing basis as a Level A
Academic in their relevant discipline.
25.20 If the student is offered a full time position but expresses a preference for part-time
employment they shall be offered part-time employment with the right to convert to a full-
time position upon the completion of their Higher Degree by Research.
25.21 Any Aboriginal and Torres Strait Islander PhD candidate appointed to an academic position
will be engaged to perform the normal range of teaching and administrative duties of a Level
A Academic and be allowed adequate time towards completion of their PhD. Full and proper
mentoring and support will be provided to each appointee under this provision.
Pre-Doctoral Fellows
25.22 RMIT University will create Aboriginal and Torres Strait Islander Pre-doctoral Fellow
(Research) positions which are fixed term employment contracts for a period of up to four
years.
25.23 Upon successful completion of their PhD the Pre-doctoral Fellow will be entitled to apply
for conversion to a continuing position. The Pre-doctoral Fellow will be converted to a
continuing Academic Role if they have met required standards of performance and conduct.
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26 CULTURAL LEAVE PROVISIONS
26.1 It is acknowledged that members of Aboriginal and Torres Strait Islander communities have
responsibilities for a significant level of cultural and ceremonial obligations.
26.2 These include but are not limited to preparing for and attending community business;
National Aboriginal and Islander Observation Committee Week functions; National Sorry
Day and/or other relevant cultural duties and events; and fulfilling ceremonial and
community obligations.
26.3 Aboriginal and Torres Strait Islander employees will be granted six days paid leave per
calendar year, non-cumulative, for cultural and ceremonial obligations of Aboriginal and
Torres Strait Islander people.
26.4 Additional paid special leave may be approved by the University as agreed with the
employee.
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PART F - ORGANISATIONAL CHANGE
27 DEFINITIONS
Effective Date means the date a decision comes into effect. There is no requirement for Effective Dates to
be identical for different Employees who are affected by a single change.
Redeployment means the period during which the University attempts to transfer an Employee into a
Suitable Alternate Position outside of the affected area after the Employee has received notice of
Retrenchment.
Redundancy is where a final decision has been taken that a position is no longer required. Only positions
can be made redundant.
Retrenchment is where a person’s employment is terminated at the initiative of the University on the
grounds of redundancy.
Suitable Alternate Position means a position of the same classification and for which an Employee has the
skills, experience and qualifications to perform either immediately or following a reasonable period of time.
31
(f) the need for retraining or transfer of employees to other work or locations; and/or,
(g) the restructuring of jobs.
28.6 The University will discuss the changes being considered, the effects the changes are likely
to have on employees and will give prompt consideration to matters raised by the
employees and the NTEU in relation to the changes, consistent with clause 29.4.
28.7 For the purposes of such discussions, the University will provide in writing to the employees
concerned and the NTEU, all relevant material and information about the changes including
the nature of the changes proposed; the expected effects of the changes on employees
including the impact of workload changes; strategies for maintaining sustainable workloads
and any other matters likely to affect employees, provided that the University will not be
required to disclose confidential information, the disclosure of which would be inimical to
the University's interests.
28.8 Where the change proposed is a change to the employees’ regular roster or ordinary hours
of work, the University will:
(a) provide information to the employees about the change;
(b) invite the employees to give their views about the impact of the change (including any
impact in relation to their family or caring responsibilities); and
(c) consider any views given by the employees about the impact of the change.
32
Transition to new structure
29.5 Once the University has made a final decision to introduce a change that makes existing
roles redundant, the University will:
(a) attempt to transfer the affected employee within the affected area to a Suitable
Alternate Position; then
(b) attempt to Redeploy the affected employee,
in line with the below process:
Transfer within the affected area
29.6 Where an employee’s position will be made redundant and a Suitable Alternate Position
exists within the new affected area, the University will transfer the employee to the Suitable
Alternate Position on the Effective Date.
29.7 Notwithstanding clause 29.6, where more than one employee could be transferred to an
identified Suitable Alternate Position in the new affected area, the University will conduct a
fair and transparent process in determining how to fill the position.
29.8 If an employee is transferred to a Suitable Alternate Position, the employee will not enter
Redeployment.
29.9 Where the University is unable to transfer the employee to a Suitable Alternate Position
within the affected area then the Employee will enter Redeployment.
Notice and Redeployment
29.10 On the Effective Date, which will be provided in writing, the employee will be given 26
weeks’ notice of termination of employment. During the notice period the employee will be
in Redeployment.
29.11 During Redeployment an employee will be entitled to work out their notice and will not be
required to take payment in lieu of notice during this period. The University will have the
option to require the employee to work from home during the notice period. An employee
may apply to be retrenched in accordance with clause 29.14.
29.12 If, during Redeployment, there are suitable duties for the employee to undertake, the
University will use its best efforts to allow this to occur. This may be either work the
employee has been engaged in previously or work designed to retrain the employee.
29.13 During Redeployment, the University, taking account of the relevant skills, experience and
work preferences of the employee, will:
(a) examine options for retraining;
(b) examine measures that could be taken to avoid Retrenchment including transfer to a
Suitable Alternate Position,
(c) allow the employee to express interest in positions at a lower HEW level anywhere in
the University;
(d) arrange counselling for the employee as required;
(e) monitor all vacancies within the University;
(f) consult with any Representative of the employee regarding items in this clause 29.13;
and,
(g) provide the employee with all relevant details regarding the items in this sub clause.
33
29.14 During the Redeployment, the employee will be entitled:
(a) to apply to be Retrenched;
(b) to receive time off, without loss of pay, to attend job interviews or other job search
activities, subject to provision by the employee of documentary evidence of the activity;
and
(c) to appropriate outplacement support.
29.15 Where the employee accepts an offer to be transferred to a Suitable Alternate Position the
Redeployment process will cease and employment will continue.
29.16 Where the employee unreasonably rejects an offer to be transferred to a Suitable Alternate
Position the Redeployment process will cease and employment will terminate immediately.
The employee will only be entitled to:
(a) payment in lieu of notice in accordance with the National Employment Standards; and,
(b) severance entitlements in accordance with TABLE 29.1.
TABLE 29.1 – SEVERANCE ENTITLEMENTS
Employee’s period of continuous service Severance benefit
At least 1 year but less than 2 years 4 weeks
At least 2 years but less than 3 years 6 weeks
At least 3 years but less than 4 years 7 weeks
At least 4 years but less than 5 years 8 weeks
At least 5 years but less than 6 years 10 weeks
At least 6 years but less than 7 years 11 weeks
At least 7 years but less than 8 years 13 weeks
At least 8 years but less than 9 years 14 weeks
At least 9 years 16 weeks
29.17 If, at the end of the Redeployment period, the employee has not been employed in a new
role, the Employee will be Retrenched.
Retrenchment
29.18 An employee who is Retrenched is entitled to:
(a) payment in lieu of any un-worked portion of the Redeployment notice period prescribed
in clause 29.10;
(b) a severance payment calculated at three weeks’ pay for each completed year of
continuous service to a maximum of 48 weeks’ pay; and
(c) payment on a pro-rata basis for long service leave regardless of length of service.
29.19 All payments under this clause will be calculated on the employee’s substantive salary,
which consists of the base rate of pay and regular time fraction, plus any unconditional
loadings, at the date of Retrenchment.
34
General Rules for Redundancy
29.20 If an employee is redeployed to a continuing position elsewhere in the University (ie.
involving a geographic relocation) as an agreed measure to mitigate the effects of their
position being surplus to requirements and, as a consequence, it is not reasonably
practicable for the employee to remain in their existing residence, the employee will be
entitled to all reasonable expenses associated with moving household to a new locality on
the basis agreed between the University and the employee.
29.21 Academic Employees will be reimbursed reasonable costs and charges as determined by the
Vice-Chancellor, associated with a program of retraining as an agreed measure to mitigate
the effects of their position being surplus.
29.22 If, during Redeployment, a Professional Employee accepts an offer of a position at a
classification level lower than their previous substantive classification level, they will receive
salary maintenance at their previous substantive classification level for a period of:
(a) six months if the employee is under 45 years of age; or,
(b) 12 months if the employee is 45 years of age or over at the date of their transfer to a
lower level position.
Following the relevant period the employee will be paid at the rate of pay applicable to
the new position into which they have been transferred.
Preserved Severance Calculation
29.23 Any Professional Employee who was employed at RMIT prior to 3 July 2014, and has been
employed continuously since, will have a redundancy calculation generated using the
redundancy provisions (clause 50.4) of the Royal Melbourne Institute of Technology
Academic and Professional Staff Union Collective Agreement 2010 (Preserved Calculation),
as of that date.
29.24 The Preserved Calculation will not need to be generated until such time that the relevant
employee’s position is identified for Redundancy.
29.25 Any Professional Employee who is notified that they will be commencing Redeployment on
the Effective Date may opt to either:
(a) participate in the Redeployment and Retrenchment process set out in this Agreement;
or,
(b) exit on the Effective Date and be paid their Preserved Severance Calculation.
Review
29.26 An employee may apply to the Vice-Chancellor for a review of the decision to declare their
role redundant. The review will consider if:
(a) the redundancy selection criteria utilised were fair and objective;
(b) consultation requirements were met; and/or,
(c) whether transfer to a Suitable Alternate Position, within the affected area, was properly
explored.
This application will not delay any redeployment process.
29.27 An application for review must:
(a) contain all relevant documentation relied upon by the employee;
35
(b) be made to the Vice-Chancellor within ten working days of the Effective Date as set out
in clause 29.10; and,
(c) indicate if they wish the review to be conducted in accordance with clause 29.34.
29.28 The Independent Reviewer will be selected from a panel of Independent Reviewers agreed
between the University and the NTEU.
29.29 Subject to clause 29.30, reviews must be dealt with on the papers by an Independent
Reviewer.
29.30 During the review process, the Independent Reviewer may, at their absolute discretion,
make any inquiries they consider necessary.
29.31 The employee may be represented throughout the review process by a Representative.
29.32 The Independent Reviewer will make a determination, and communicate it to the Vice-
Chancellor, within 20 working days of the application being received.
29.33 If the Independent Reviewer determines that the University did not act according to all of
the principles outlined in clause 29.26, the matter will be referred to the Vice-Chancellor
for a decision as to the appropriate further course of action. The Vice-Chancellor must take
into account the findings of the Independent Reviewer.
Request to form a review panel
29.34 Where requested by the Employee, the Review will be conducted by an Independent Review
Panel made up of:
(a) The Independent Reviewer (Chair);
(b) A nominee of the NTEU, who is an employee of the University; and
(c) A nominee of the University, who is an employee of the University.
29.35 Where an Employee elects for a Review Panel to be formed, the Review Panel will have the
same rights and obligations as an Independent Reviewer, and will carry out the review in
accordance with the process outlined at clauses 29.28 to 29.33.
36
PART G - RETIREMENT AND ILL HEALTH RETIREMENT
37
(a) a briefing explaining the circumstances leading to the University request for a medical
assessment; and,
(b) an outline of the employee’s role and responsibilities within the University; and,
(c) any other information the University considers relevant in assisting the medical
practitioner in making an assessment.
31.6 In the event that the employee has more than one medical condition or where the precise
nature of any condition is unclear, and so as to ensure that the University has a
comprehensive medical assessment, the University or the Relevant Delegated Authority
may:
(a) refer the employee to a separate medical practitioner for each condition; and
(b) make each medical practitioner aware of the various medical conditions and referrals
that have been made.
Where appropriate, the employee will provide consent for information to be shared among
the relevant medical practitioners.
31.7 The employee will provide consent to the medical practitioner, for a copy of the medical
report prepared by the medical practitioner to be made available to the Relevant Delegated
Authority, and the employee’s treating medical practitioner.
31.8 If the IME reveals that the Academic Employee is unable to safely perform the inherent
requirements of their role and is unlikely to be able to resume them within twelve (12)
months, the Relevant Delegated Authority may terminate the employment of the employee
with six (6) months’ notice.
31.9 If the IME reveals that the Professional Employee is unable to safely perform the inherent
requirements of their role and is unlikely to be able to resume them within six (6) months,
the Relevant Delegated Authority may terminate the employment of the employee with
three (3) months’ notice.
31.10 If the employee disagrees with the outcomes of the IME, the employee shall have the right
to furnish a second medical assessment from a suitably qualified medical specialist, at their
own expense.
31.11 Where the assessments provide no clear indication of appropriate action either the
Employee or the University may refer the matter to the FWC for conciliation only. The FWC
may produce a recommendation on an appropriate course of action for the University.
31.12 A decision will then be made by the Relevant Delegated Authority that takes into
consideration all relevant medical assessments and any recommendation(s) made by the
FWC.
31.13 Prior to taking action to terminate the employment of an employee, the Relevant Delegated
Authority may offer the employee the opportunity to submit a resignation and, if such a
resignation is offered, will accept it forthwith and not proceed with action to terminate
employment.
Other matters
31.14 These provisions will not displace or override any existing workers compensation schemes,
including WorkCover, or the provisions contained in any workers compensation legislation
that may be enacted.
31.15 The Relevant Delegated Authority may construe repeated failures, or a refusal, by an
employee to undergo an IME in accordance with this clause as prima facie evidence that
38
such an IME would have found that the employee is unable to perform their duties and is
unlikely to be able to resume them within the period set out in clauses 31.8 or 31.9 as
applicable, and may act accordingly; provided that such a refusal by an employee in these
circumstances will not constitute misconduct nor lead to any greater penalty or loss of
entitlements than would have resulted from an adverse medical report.
39
PART H - UNSATISFACTORY PERFORMANCE, MISCONDUCT AND
SERIOUS MISCONDUCT
Definitions
Unsatisfactory Performance means instances where the Employee’s performance is not meeting the
standard required by the University.
Misconduct means unsatisfactory conduct or behaviour which is not serious misconduct.
Serious Misconduct means:
(a) Wilful or deliberate behaviour that is inconsistent with the continuation of the contract of
employment, including repeat examples of misconduct;
(b) Serious misbehaviour that constitutes a serious impediment to the carrying out of an employee’s
duties or to the employee’s colleagues carrying out their duties; or
(c) Conduct that causes serious and imminent risk to:
(i) the health or safety of a person; or
(ii) the reputation, viability or profitability of the employer’s business.
Disciplinary Action means action to discipline an employee for Unsatisfactory Performance, Misconduct or
Serious Misconduct and can include, but is not limited to, one or more of the following:
(a) Formal warning;
(b) Demotion by one or more classification levels;
(c) Demotion by one or more increments; or,
(d) Termination of employment.
40
cases against that employee. The details of the resolution may be used in determining
the nature of any Disciplinary Action taken against the employee in future matters.
(h) Nothing in this Agreement will be construed as excluding the jurisdiction of any external
court or tribunal which, but for this Agreement, would be competent to deal with the
matter.
(i) If the Disciplinary Action to be taken is termination of employment, the employee will
be given the amount of notice as specified in the employee’s contract of employment or
an amount of notice in accordance with the Act, whichever is greater. The University, at
its discretion, may provide payment or part payment in lieu of notice.
(j) If the Disciplinary Action to be taken is termination of employment due to Serious
Misconduct, the employee will not receive notice or payment in lieu.
(k) In cases involving misconduct of an Academic Employee, that is not Serious Misconduct,
Disciplinary Action will not include termination.
(l) Nothing in this Agreement will limit the right of an Academic Employee who has been
demoted by a classification level, from appealing that decision in accordance with clause
35 of this Agreement.
(m) This Part does not apply to the management of unsatisfactory performance of
employees during a probation period, or to casual employees.
(n) Disciplinary Action taken due to Unsatisfactory Performance, Misconduct or Serious
Misconduct must be taken in accordance with this part. Nothing in this part prevents
the University from taking action where the action is taken for a reason other than to
discipline the employee.
(o) In the event that an employee resigns, proceedings under this clause will lapse. This
clause in no way constrains RMIT from carrying out other or further investigations
relating to the consequences of conduct of an employee or former employee when
required in the public interest.
33 UNSATISFACTORY PERFORMANCE
33.1 Where there is a concern that an Employee’s performance is not meeting expectations, the
relevant manager will take reasonable steps to correct the performance through managerial
assistance or interventions including guidance, counselling/warning, coaching, professional
development and/or appropriate work allocations.
33.2 If the above efforts to improve the performance of the employee are unsuccessful, the
relevant manager may initiate a formal Performance Improvement Plan (PIP). The employee
must be notified in writing when a PIP is to commence, and at this stage the University may
withhold any incremental increase.
33.3 If, in the course of efforts to correct the unsatisfactory performance through a PIP, the
relevant manager forms an opinion that performance is unlikely to meet the required
standards, the relevant manager must inform the employee of that opinion and report the
matter in writing to the Relevant Senior Officer, with a copy provided to the employee. At
this time the employee is entitled to provide additional relevant information for the
Relevant Senior Officer’s consideration.
33.4 The Relevant Senior Officer will consider:
(a) the report,
41
(b) any additional information provided by the employee,
(c) any other relevant material.
33.5 If the Relevant Senior Officer is satisfied that Disciplinary Action is warranted they will
inform the employee of:
(a) the reasons why Disciplinary Action is warranted; and,
(b) the Disciplinary Action that is proposed to be taken and the date on which it is to take
effect; and,
33.6 The Relevant Senior Officer will provide the employee the opportunity to put forward any
matter they may wish to be taken into account in mitigation of the proposed action.
33.7 After considering any mitigating factors presented by the employee, the Relevant Senior
Officer will notify the employee of the Disciplinary Action, if any, to be taken.
34 MISCONDUCT/SERIOUS MISCONDUCT
34.1 A relevant manager will make all reasonable efforts to address concerns in relation to the
conduct of any employee through reasonable managerial assistance or interventions
including, but not limited to, a preliminary review, guidance, counselling/warning, coaching,
transfer to a different position or location, professional development and/or appropriate
work allocations.
34.2 Notwithstanding the above, the University may initiate a workplace investigation into
concerns in relation to the conduct of any employee where it believes it is required.
Workplace investigation
34.3 The workplace investigation will be carried out by an investigator in accordance with the
following principles:
(a) The investigator may be an internal or external person or body.
(b) The investigation will be procedurally fair:
(i) Any Employee subject to an investigation will be given an opportunity to respond
to allegations against them;
(ii) Any Employee subject to an investigation will be provided with sufficient
information to understand the allegations against them.
(c) The investigation will be conducted as the investigator deems appropriate given the
circumstances provided.
(d) The scope of the investigation may be modified to include new allegations that arise
during the course of the investigation.
(e) The investigator will provide findings of fact in relation to the conduct or determine that
there is insufficient evidence available to make a finding. Where requested, the
investigator may also provide a view as to whether the conduct could be considered to
be Misconduct or Serious Misconduct.
Workplace Investigation Report
34.4 The findings of a workplace investigation will be provided in writing to the Relevant Senior
Officer, and a copy provided to the employee subject to the investigation.
42
34.5 The Relevant Senior Officer will consider the findings of the workplace investigation, when
determining:
(a) If the conduct found to have occurred constitutes Misconduct or Serious Misconduct;
(b) If Disciplinary Action is warranted; and,
(c) What form of Disciplinary Action, if any, that should be taken.
34.6 If the Relevant Senior Officer is satisfied that Disciplinary Action is warranted, they will
inform the employee of:
(a) the reasons why Disciplinary Action is warranted; and,
(b) the Disciplinary Action that is proposed to be taken and the date on which it is to take
effect.
34.7 The Relevant Senior Officer will provide the employee the opportunity to put forward any
matter they may wish to be taken into account in mitigation of the proposed action.
34.8 After considering any mitigating factors presented by the employee, the Relevant Senior
Officer will notify the employee of the Disciplinary Action, if any, to be taken.
Suspension
34.9 At any time following the decision to initiate a workplace investigation, the Relevant Senior
Officer may suspend the employee with pay.
34.10 During any period of suspension, the employee will be excluded from the University,
provided that they will be permitted access to the University (on campus or remotely) only
for the preparation of their case and to collect personal property, and such permission will
not be unreasonably withheld by the University.
Timeframes
34.11 Workplace investigations should be conducted as quickly as possible. However, this will be
dependent on the availability of investigation resources, the size and complexity of the
investigation and the availability of witnesses. Investigations involving reports from other
parties, either within RMIT or external to RMIT will often add to the investigation
timeframes.
35 APPEALS
35.1 Where the Relevant Senior Officer informs an employee, pursuant to clauses 33.7 or 34.8,
that the Disciplinary Action to be taken against the employee is termination of the
employee’s employment, the employee is entitled to apply to the Vice-Chancellor for a
review of the decision to terminate their employment on the grounds of:
(a) New information not previously available to the employee;
(b) Lack of procedural fairness; and/or
(c) The disciplinary action taken is a disproportionate penalty in the circumstances.
35.2 An employee who intends to appeal a decision pursuant to clause 35.1, must:
(a) notify the University that they are appealing, within 5 working days at which time they
must indicate if they wish the Appeal to be conducted in accordance with clause 35.12;
and,
(b) submit the appeal within 10 working days,
43
of being notified of the decision to terminate their employment.
35.3 The appeal must:
(a) be made to the Vice-Chancellor; and,
(b) contain all relevant documentation relied upon by the employee.
35.4 Subject to clause 35.5, appeals must be dealt with by way of a review on the papers before
an Independent Reviewer. The employee is entitled to a Representative to assist them at
any point during the appeal process.
35.5 During the appeal process, the Independent Reviewer may, at their absolute discretion,
make any inquiries they consider necessary.
35.6 At the conclusion of their inquiries, the Independent Reviewer will issue a written report,
containing recommendations, to the Vice-Chancellor and the employee making the appeal.
35.7 Upon consideration of the recommendations, the Vice-Chancellor will make a
determination on the appeal and communicate their decision to the employee and the
Relevant Senior Officer.
35.8 These provisions shall not limit any rights of appeal under the Act.
Independent Reviewer
35.9 The Independent Reviewer is a person, appropriate to the circumstances, appointed by the
Vice-Chancellor by agreement with the NTEU prior to appointment. The Independent
Reviewer will not be an employee of the University. The NTEU will not unreasonably
withhold agreement.
35.10 The Independent Reviewer is not bound to act in a formal manner and is not bound by any
rules of evidence, technicalities or legal form. The Independent Reviewer may inform
themselves on any matter, in such manner as they consider fair and reasonable.
35.11 The Independent Reviewer must act fairly and impartially.
Request to form a review panel
35.12 Where requested by the Employee, the Appeal will be conducted by an Independent Review
Panel made up of:
(a) The Independent Reviewer (Chair);
(b) A nominee of the NTEU, who is an employee of the University; and
(c) A nominee of the University, who is an employee of the University.
35.13 Where an Employee elects for a Review Panel to be formed, the Review Panel will have the
same rights and obligations as an Independent Reviewer, and will carry out the review in
accordance with the process outlined at clauses 35.4 to 35.11.
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CHAPTER TWO
PART A – ACADEMIC EMPLOYMENT
45
36.9 The nature of academic work and the needs of the University community require academic
employees to:
(a) spend a significant period of their working time on campus in order to teach, conduct
research, advise students, and attend meetings concerned with teaching and learning,
research and organisation;
(b) advise students of times when they are available for student consultation and use
communication technology for distance education students;
(c) be away from their designated campus/es for many reasons, including research,
conferences, and consultation with government, industry, commerce, and the
community; and
(d) advise their supervisor of their availability and contact details and where practicable to
be contactable when not on campus.
36.10 RMIT acknowledges that it may be necessary for Academic Employees to travel interstate
and/or overseas to undertake duties of Engagement, Research and/or Teaching. When an
employee is required by the University to travel for teaching purposes, the University will:
(a) pay for reasonable and required costs associated with travel;
(b) allow employees reasonable time to recover from that travel before commencing
teaching;
(c) work with Academic Employees to ensure so far as reasonably practicable that travel,
destinations and places of business are safe and without risks to health; and
(d) ensure so far as practical, that the timing of travel is organised to meet the preferences
of the employee.
46
(b) Be of the same discipline and/or hold similar expertise as the supervised Academic
Employee, as far as reasonably practicable;
37.5 Academic Employees will be supported through ongoing evaluation to contribute to the
success of the University and to grow their capacity to be successful in their academic
careers.
37.6 The Role of the Academic Supervisor includes:
(a) the provision of academic leadership and career guidance;
(b) the facilitation of work load allocation and work planning processes; and,
(c) the appraisal, management and provision of feedback to the Academic Employee on
their performance.
37.7 Academic Supervisors will receive appropriate training to successfully undertake the
requirements of their role.
Academic promotion
37.8 Promotion will be based on merit and equity and no quotas will be imposed. Opportunities
for internal promotion will be provided between Level A and Level B, Level B and Level C,
Level C and Level D, and between Level D and Level E.
38 ACADEMIC WORKLOADS
Workload principles applying to Academic Employees
38.1 The Academic Workload clause does not apply to Casual Academic Employees.
38.2 Workloads will be realistic, reasonable, transparent and manageable.
38.3 Full time workloads amount to 1656 hours per annum (52 weeks of the year, less authorised
leave and University holidays).
38.4 Academic Employees will not be required to work excessive or unreasonable hours.
38.5 Academic Employees and Academic Supervisors must participate in a professional and
collegial way in the workloads allocation and workplanning processes.
38.6 Work allocation for an Academic Employee will be finalised by their supervisor in
consultation with the Academic Employee.
38.7 Academic Employees are able to raise and have properly considered legitimate issues
relating to their work allocation.
Academic Workload Framework
38.8 Within the annual 1656 hours, the University will ensure that:
(a) Academic Employees will normally have a minimum of 30% of their workload allocation
in each year as a combination of:
(i) engagement (including professional development/activities);
(ii) research; and/or
(iii) student support and development, scholarly teaching and the scholarship of
teaching, design and development of learning and assessment;
(b) an allocation for engagement (including professional development/activities) must be
included as part of each workload allocation.
47
38.9 Academic Employees will normally not be required to:
(a) Teach in more than 24 weeks over a 12 month period unless:
(i) It is agreed by the Academic Employee;
(ii) It has been directed by the manager in the case where the Academic Employee did
not substantially achieve the outcome agreed in their previous year’s work plan.
(b) Teach more than four consecutive hours without a break.
38.10 Academic Employees will not be required to:
(a) Coordinate more than three courses per semester;
(b) Commence teaching within ten hours of the conclusion of a teaching session, or other
directed duties, conducted the previous day.
38.11 Class sizes for tutorials, seminars, and laboratory groups will be reasonable taking into
account such factors such as the nature of the activity, safety requirements, and availability
of teaching facilities.
38.12 Level A Academic Employees will not have sole responsibility for the design, delivery and
co-ordination of courses.
Academic Workload Model Committees
38.13 An Academic Workload Model Committee, which includes relevant academic managers and
elected Academic Employee representatives, will be established to oversee the timely
development of an Academic Workload Model in each school or discipline area, which must
be consistent with this Agreement.
38.14 The process of developing these models will ensure that:
(a) Relevant documentation is open to scrutiny and discussion and review by all affected
staff.
(b) An Academic Workload Model is in place by the end of November in the preceding year.
(c) Copies of each Academic Workload Model will be readily available to affected
employees.
38.15 The University will ensure that academic managers and supervisors are aware of the
requirements in relation to managing and allocating workloads and that Academic
Employees are advised of the work allocation provisions of this Agreement.
Academic Workload Models
38.16 Relevant managers in consultation with Academic Employees will ensure that each
particular school or discipline area has a published Academic Workload Model reflecting the
requirements of this clause.
38.17 The Academic Employee's workload will be established in accordance with the appropriate
Academic Workload Model and have regard to the Academic Employee’s focus activities
which may include research, teaching and/or engagement.
38.18 The Academic Workload Model will conform with the Academic Workload Framework
provisions of this clause and will require supervisors to ensure that Academic Employees
have sufficient and reasonable time to perform their allocated activities as per their
individual workplans.
38.19 The Academic Workload Model will:
48
(a) be clear and transparent;
(b) be based on a fair estimate of the required time to perform engagement, teaching or
research related tasks at a professional standard;
(c) address the following teaching and teaching-related activities where relevant:
(i) preparation of teaching materials for face-to-face, online and other modes of
delivery;
(ii) unit and course development, including online, off-campus and offshore learning
materials;
(iii) Delivery of lectures, tutorials, lectorials and studio sessions in face-to-face, online
and other modes;
(iv) Delivery of laboratory classes, practicums, studio, performance and clinical
sessions;
(v) Community-based teaching;
(vi) Supervision of honours and post-graduate projects;
(vii) Supervision of undergraduate coursework projects;
(viii) Preparing, marking, moderation of student assessment, including the preparation
of marking schemes, marking guides or rubrics;
(ix) Student consultation related to learning by whatever mode;
(x) Course and program coordination and administration, including active participation
in Course Assessment Committees, Course Management Teams and Program
Assessment Boards, as required;
(xi) Program and course development, student placements, field work and educational
study tours;
(xii) Professional development activities relevant to teaching;
(xiii) Any other duties which manifestly constitute teaching or teaching-related
activities; and
(xiv) required travel for teaching purposes, giving adequate consideration to the location
of teaching and the time spent on necessary travel above and beyond commuting
between home and the normal place of work.
(d) enable the allocation of teaching and teaching-related activities such that the Academic
Employee’s research targets specified (if applicable) in their approved workplan can be
achieved in the hours of work specified at clause 38.3.
38.20 The Academic Employee’s research targets (where applicable) will be informed by factors
including but not limited to:
(a) the Academic Employee’s previous three years research output;
(b) the need for early career Academic Employees to establish an appropriate research
record.
38.21 Supervisors are expected to exercise judgement about individual research expectations and
to take experience and discipline-specific differences into account when discussing annual
targets and professional development requirements.
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38.22 An Academic Employee who is enrolled for a research higher degree in a field associated
with their work will be allocated, within their workplan, a proportion of time to undertake
such studies, provided that their research higher degree supervisor certifies that adequate
progress has been made.
Individual Work plans for Academic Employees
38.23 Each Academic Employee’s workload will be reflected in an annual workplan which will take
into account the following:
(a) The relevant Local Workload Allocation Model
(b) The Academic Employee’s position classification
(c) The working hours specified in this Agreement
(d) Any required work related travel
(e) The Academic Employee’s Leave Plans
(f) The University’s commitment to providing opportunities for Academic Employees to
work in a family friendly environment and balance work-life commitments
(g) Any responsibilities undertaken by the Academic Employee and sanctioned by the
University such as duties associated with an elected representative role e.g. on College
or University wide committees or approved volunteer activities.
38.24 Individual performance reviews are based on the outcomes established through work
planning and must be based on a reasonable work load allocation.
38.25 Academic Employees employed in a research position in accordance with fixed term reason
“Research” may undertake activities other than research subject to the provisions of the
project funding arrangements and agreement with their supervisor.
Workload dispute resolution process
38.26 Where Academic Employees are concerned that there is inconsistency between the
principles outlined in this clause and their individual workload or the relevant Academic
Workload Model, they may pursue this concern either individually or through their
Representative, by:
(a) raising the issue with the relevant manager;
(b) where appropriate, referring concerns to the relevant Executive;
(c) where appropriate, referring concerns to the relevant Pro Vice-Chancellor;
(d) where the employee is unsatisfied with the resolution reached by the processes referred
to above the employee may refer the matter to the FWC for resolution.
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Early Career Development Fellowships (ECDF)
39.3 Over the life of this Agreement the University will advertise Early Career Development
Fellowships and make offers of employment for a minimum of 80 appointments. The
University commits to a minimum of 20 offers in each year commencing from the date of
approval of this Agreement by the FWC.
(a) All ECDF appointments will be fixed term of up to 3 years duration.
(b) ECDF roles will be advertised internally and externally as they arise.
(c) The field of ECDF applicants will be restricted to applicants who during the past three
years:
(i) have performed casual teaching work for an Australian University; and
(ii) have not been employed on a continuing basis at an Australian University.
(d) Successful candidates will be selected from eligible candidates on merit.
(e) Successful candidates who have a PhD at the time of appointment will be appointed at
Level B, otherwise the level of appointment will be A6.
(f) The teaching and teaching-related duties performed by the ECDF employee must be
work which would otherwise be performed by Academic Employees employed on a
casual basis.
39.4 Conversion of fixed term ECDF’s to continuing employment
(a) At the conclusion of the fixed term contract, the employee will be entitled to apply for
conversion to continuing employment.
(b) The ECDF will be appointed to a continuing role if:
(i) they have met required standards of performance; and
(ii) they have met required standards of conduct; and
(iii) the work that they performed is still required to be performed.
(c) This sub-clause will apply to all Academic Employees employed on ECDF fixed term
contracts at the time of approval of this Agreement.
39.5 If the application for conversion to continuing employment is rejected the University will
supply the reason in writing.
39.6 An ECDF employee whose contract expires and who is not subsequently offered continuing
employment due to the work no longer being required and who is not offered any other
kind of alternative continuing or fixed term work at RMIT will be entitled to a severance
payment calculated in accordance with TABLE 7.3.
Industry Fellows
39.7 The University will offer fixed term employment opportunities as Industry Fellows in
accordance with the fixed term reason “Recent Professional Practice Required”.
Vice-Chancellor (VC) Research Fellows
39.8 The University will offer fixed term employment to employees as Vice-Chancellor’s (VC)
Research Fellows in accordance with the fixed term reason “Research”.
39.9 For the purposes of this clause a VC Research Fellow is an Academic Employee nominated
as such on their contract of employment and/or in writing by the University.
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39.10 At the conclusion of the fixed term contract, the Vice-Chancellor Research Fellow will be
entitled to apply for conversion to continuing employment.
39.11 The Vice Chancellor’s Research Fellow will be appointed to a continuing role if:
(a) they have met required standards of performance; and
(b) they have met required standards of conduct; and
(c) the work that they performed is still required to be performed; and,
(d) The Vice-Chancellor or their nominated representative does not agree to an exemption
request by the relevant Executive.
39.12 This sub-clause will apply for all employees employed as Vice-Chancellor’s Research fellows
on a fixed term contract at the time of approval of this agreement.
39.13 If the application for conversion to continuing employment is rejected, the University will
supply the reason in writing.
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independent contribution through professional practice and expertise and coordinate and/or
lead the activities of other staff, as appropriate to the discipline.
A Level B academic will normally contribute to teaching at undergraduate, honours and
postgraduate level, engage in independent scholarship and/or research and/or professional
activities appropriate to their profession or discipline. They will normally undertake
administration primarily relating to their activities at the institution and may be required to
perform the full academic responsibilities of and related administration for the coordination of
an award program of the institution.
Level C
A Level C academic will make a significant contribution to the discipline at the national level. In
research and/or scholarship and/or teaching they will make original contributions, which expand
knowledge or practice in their discipline.
A Level C academic will normally make a significant contribution to research and/or scholarship
and/or teaching and administration activities of an organisational unit or an interdisciplinary area
at undergraduate, honours and postgraduate level. They will normally play a major role or
provide a significant degree of leadership in scholarly, research and/or professional activities
relevant to the profession, discipline and/or community and may be required to perform the full
academic responsibilities of and related administration for the coordination of a large award
program or a number of smaller award programs of the institution.
Level D
A Level D academic will normally make an outstanding contribution to the research and/or
scholarship and/or teaching and administration activities of an organisational unit, including a
large organisational unit, or interdisciplinary area.
A Level D academic will make an outstanding contribution to the governance and collegial life
inside and outside of the institution and will have attained recognition at a national or
international level in their discipline. They will make original and innovative contributions to the
advancement of scholarship, research and teaching in their discipline.
Level E
A Level E academic will provide leadership and foster excellence in research, teaching and policy
development in the academic discipline within the institution and within the community,
professional, commercial or industrial sectors.
A Level E academic will have attained recognition as an eminent authority in their discipline, will
have achieved distinction at the national level and may be required to have achieved distinction
at the international level. A Level E academic will make original, innovative and distinguished
contributions to scholarship, researching and teaching in their discipline. They will make a
commensurate contribution to the work of the institution.
Research Academic Employees (inclusive of creative disciplines)
Level A
A Level A research academic will typically conduct research/scholarly activities under limited
supervision either independently or as a member of a team and will normally hold a relevant
higher degree.
A Level A research academic will normally work under the supervision of Academic Employees at
Level B or above, with an increasing degree of autonomy as the research academic gains skills
and experience. A Level A research academic may undertake limited teaching, may supervise at
undergraduate levels and may publish the results of the research conducted as sole author or in
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collaboration. They will undertake administration primarily relating to their activities at the
institution.
Level B
A Level B research academic will normally have experience in research or scholarly activities,
which have resulted in publications in refereed journals or other demonstrated scholarly
activities.
A Level B research academic will carry out independent and/or team research. A Level B research
academic may supervise postgraduate research students or projects and be involved in research
training.
Level C
A Level C research academic will make independent and original contributions to research, which
has a significant impact on their field of expertise. The work of the research academic will be
acknowledged at a national level as being influential in expanding the knowledge of their
discipline. This standing will normally be demonstrated by a strong record of published work or
other demonstrated scholarly activities.
A Level C research academic will provide leadership in research, including research training and
supervision.
Level D
A Level D research academic will make major original and innovative contributions to their field
of study or research, which are recognised as outstanding nationally or internationally.
A Level D research academic will play an outstanding role within their institution, discipline
and/or profession in fostering the research activities of others and in research training.
Level E
A Level E research academic will typically have achieved international recognition through
original, innovative and distinguished contributions to their field of research, which is
demonstrated by sustained and distinguished performance.
A Level E research academic will provide leadership in their field of research, within their
institution, discipline and/or profession and within the scholarly and/or general community. They
will foster excellence in research, research policy and research training.
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Academic Employee annual salaries
Salary adjustments are operative from the first full pay period to commence following the dates set out
below.
Salary rates specified below will be paid on a pro-rata basis for part-time employees.
Classification Level 1 May 1 June 2018 1 June 2019 1 June 2020 1 June
2017 2021
2% 2% 2% 2%
Academic Level A1 65,004 $66,304 $67,630 $68,983 $70,363
A
A2 68,684 $70,058 $71,459 $72,888 $74,346
A3 72,394 $73,842 $75,319 $76,825 $78,362
A4 76,107 $77,629 $79,182 $80,766 $82,381
A5 79,126 $80,709 $82,323 $83,969 $85,648
A6* 82,143 $83,786 $85,462 $87,171 $88,914
A7 85,160 $86,863 $88,600 $90,372 $92,179
A8 88,172 $89,935 $91,734 $93,569 $95,440
Academic Level B B1 92,815 $94,671 $96,564 $98,495 $100,465
B2 96,298 $98,224 $100,188 $102,192 $104,236
B3 99,777 $101,773 $103,808 $105,884 $108,002
B4 103,260 $105,325 $107,432 $109,581 $111,773
B5 106,739 $108,874 $111,051 $113,272 $115,537
B6 110,220 $112,424 $114,672 $116,965 $119,304
Academic Level C C1 113,698 $115,972 $118,291 $120,657 $123,070
C2 117,182 $119,526 $121,917 $124,355 $126,842
C3 120,662 $123,075 $125,537 $128,048 $130,609
C4 124,143 $126,626 $129,159 $131,742 $134,377
C5 127,620 $130,172 $132,775 $135,431 $138,140
C6 131,104 $133,726 $136,401 $139,129 $141,912
Academic Level D1 136,906 $139,644 $142,437 $145,286 $148,192
D
D2 141,545 $144,376 $147,264 $150,209 $153,213
D3 146,183 $149,107 $152,089 $155,131 $158,234
D4 150,827 $153,844 $156,921 $160,059 $163,260
Academic Level E E1 176,353 $179,880 $183,478 $187,148 $190,891
*Academic Employees commencing employment with a PhD, or being awarded a PhD during their
employment, will not be paid below a Level A6.
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41 CASUAL ACADEMIC EMPLOYEES
Principles of casual academic resourcing and collegiality
41.1 The parties recognise that casual employment is not in all circumstances an appropriate
employment mode or a substitute for fixed term or continuing employment. The University
will therefore not use casual employment in circumstances which require significant
numbers of hours per week for the conduct of long term regular and systematic work.
Appointment
41.2 A Casual Academic Employee will be advised via the instrument of appointment of the
number of hours, the level and the rate of pay for the work for which they are engaged,
including as relevant:
(a) Conduct of academic classes (includes associated non-contact duties);
(b) Responsibility for course coordination;
(c) Development of learning materials;
(d) Consultation with students;
(e) Assessment of student work;
(f) Attendance at meetings organised by the School; and
(g) Training required by the University.
41.3 Where a Casual Academic Employee, having commenced their duties, considers that the
work is likely to require more hours to complete than were initially allocated in accordance
with clause 41.2, the number of hours will be re-negotiated between the casual employee
and the supervisor. In the event that agreement cannot be reached, the Head of School is
authorised to make a determination. Any new hours will be paid at the appropriate rate
specified in this clause.
Induction
41.4 A Casual Academic Employee who is:
(a) new to the University; and
(b) engaged for the equivalent of a minimum of one contact hour per week for one
semester; and
(c) required to apply University policies in their academic work;
will be provided with induction including introduction to necessary software and academic
procedures required to fulfil their duties. The Casual Academic Employee will be paid for up to
five hours to undertake the University induction program.
Resourcing
41.5 Casual Academic Employees engaged for the equivalent of a minimum of one contact hour
per week for one semester will be provided with:
(a) an employee ID
(b) outside hours access where and when required
(c) an email account
(d) appropriate network and intranet access
(e) an entry in the University’s employee contact directory
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until the start of the semester following the one for which they are engaged.
Research
41.6 Unless agreement has been reached between the University and the Casual Academic
Employee on remuneration in respect of producing the relevant work, or the research
activity is funded by RMIT or is the result of a candidature at RMIT, the University will not:
(a) require a Casual Academic Employee to describe herself or himself as an employee of
the University in any publication, or refereed journal article written by the employee, or
in connection with any creative work of the employee;
(b) include the publication, refereed journal article, or creative work of a Casual Academic
Employee in the University’s profile for any institutional grants scheme allocation.
Collegiality
41.7 Casual Academic Employees engaged to lecture for the equivalent of a minimum of one
contact hour per week for one semester will be invited to attend relevant College, Centre,
School or workgroup meetings. Casual Academic Employees will be paid for attendance at
meetings where they are required or directed to attend.
Career Development
41.8 Casual Academic Employees engaged for the equivalent of a minimum of one contact hour
per week for one semester are entitled to:
(a) apply for internally advertised University positions.
(b) participate in an application for internal funding opportunities, including grants and
professional development funds.
Rates of Pay
41.9 Hourly rate increases are operative from the first pay period to commence on or after the
respective dates specified in this clause.
41.10 The minimum salaries paid to Academic Employees employed on a part-time (non-
fractional) basis will be at the rates provided in this clause. These rates are derived from
three base rates calculated using the following formulae.
(a) Lecturing, Full Course Co-ordination and Academic Judgment Rate
The base rate applicable to lecturing, full course co-ordination, or activities where academic
judgment is required is determined by reference to the second step of the full-time Level B scale,
and calculated as follows:
B2/52 + 25% = $ Lecturing and Academic Judgement rate
37.5
(b) Rate Applicable to Performance of Other Duties involving Partial Course Co-ordination
or Possession of a Relevant Doctoral Qualification
The base rate applicable where the duties include partial course coordination or the employee
possesses a relevant doctoral qualification is determined by reference to the sixth step of the
full-time Level A scale, and calculated as follows:
A6/52 + 25% = $ Full course coordination or relevant PhD rate
37.5
(c) Rate Applicable to all Other Duties
57
The base rate applicable to all other duties including tutoring rates not covered elsewhere is
determined by reference to the second step of the full-time Level A scale, and calculated as
follows:
A2/52 + 25% = $ All other duties rate
37.5
41.11 Lecturing
A Casual Academic Employee required to deliver a lecture of a specified duration and relatedly
provide directly associated non-contact duties in the nature of preparation, administration of
relevant records of the students for whom the Casual Academic Employee is responsible, and
student consultation, will be paid at a rate for each hour of lecture delivered, according to the
following table:
Type of lecturing & associated working Rate per hour delivered from the first pay period to
time assumed commence on or after
1 May 1 June 1 June 1 June 1 June
2017 2018 2019 2020 2021
2% 2% 2% 2%
Lecture, where the casual academic has not
presented the lecture previously (1 hour of
delivery and 3 hours associated working
time) 246.95 $251.89 $256.93 $262.07 $267.31
Lecture, where the casual academic has
presented the lecture previously (1 hour of
delivery and 2 hours associated working
time) 185.21 $188.91 $192.69 $196.54 $200.47
Repeat lecture (1 hour of delivery and 1
hour associated working time) 123.48 $125.95 $128.47 $131.04 $133.66
Specialist lecture (1 hour of delivery and 4
hours associated working time) 308.70 $314.87 $321.17 $327.59 $334.14
The hourly rate in a repeat lecture applies to a second or subsequent delivery of substantially the
same lecture in the same subject matter within a period of 7 days.
For the purposes of this clause, the term "lecture" means any education delivery described as a
lecture in a course or unit outline, or in any official timetable issued by the University.
41.12 Tutoring
A Casual Academic Employee required to deliver a tutorial of a specified duration and relatedly
provide directly associated non-contact duties in the nature of preparation, administration of
relevant records of the students for whom the casual employee is responsible, and student
consultation, will be paid at a rate for each hour of tutorial delivered, according to the following
table:
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Type of tutoring and associated working Rate per hour delivered from the first pay period to
time assumed commence on or after
1 May 1 June 1 June 1 June 1 June
2017 2018 2019 2020 2021
2% 2% 2% 2%
Tutorial (1 hour delivery / 2 hours 132.09 $134.73 $137.42 $140.17 $142.97
associated working time)
Repeat tutorial (1 hour of delivery / 1 88.05 $89.81 $91.61 $93.44 $95.31
hour associated working time)
Tutorial (1 hour delivery / 2 hours 158.02 $161.18 $164.40 $167.69 $171.04
associated working time) where clause
5.2.2 applies
Repeat tutorial (1 hour delivery / 1 hours 105.33 $107.44 $109.59 $111.78 $114.02
associated working time) where clause
5.2.2 applies
The hourly rate in a repeat tutorial applies to a second or subsequent delivery of substantially
the same tutorial in the same subject matter within a period of 7 days.
For the purposes of this Agreement, the term "tutorial" means any education delivery described
as a tutorial in a course or unit outline, or in an official timetable issued by RMIT.
41.13 Musical Accompanying with Special Educational Services
For musical accompanying, the Casual Academic Employee will be paid for each hour of
accompanying, as well as for one hour of preparation time for each hour of accompanying
delivered:
Musical accompanying special Rate per hour delivered from the first pay period to
educational service, and associated commence on or after
working time
1 May 1 June 1 June 1 June 1 June
2017 2018 2019 2020 2021
2% 2% 2% 2%
Musical accompanying (1 hour of delivery 86.66 $88.39 $90.16 $91.96 $93.80
/1 hour preparation time)
Musical accompanying (1 hour of delivery 103.69 $105.76 $107.88 $110.04 $112.24
/ 1 hour preparation time), where clause
5.2.2 applies
For the purposes of this sub clause, the term "musical accompanying with special educational
service" means the provision of musical accompaniment to one or more students or employees
in the course of teaching by another Academic Employee in circumstances where the
accompanist deploys educational expertise in repertoire development or expression for student
concert or examination purposes, but does not include concert accompanying, vocal coaching or
musical directing.
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41.14 Undergraduate Clinical Nurse Education
A Casual Academic Employees required to provide undergraduate clinical nurse education will
be paid for each hour of clinical education delivered, together with directly associated non-
contact duties in the nature of preparation, administration of relevant records of the students
for whom the Casual Academic Employee is responsible, and student consultation according to
the following table:
Type of undergraduate clinical nurse Rate per hour delivered from the first pay period to
education & associated working time commence on or after
assumed
May 1 June 1 June 1 June 1 June
2017 2018 2019 2020 2021
2% 2% 2% 2%
Little preparation (1 hour of delivery/0.5 66.06 $67.38 $68.73 $70.10 $71.50
hour associated working time)
Normal preparation (1 hour delivery/1 88.05 $89.81 $91.61 $93.44 $95.31
hour associated working time)
Little preparation (1 hour delivery / 0.5 78.99 $80.57 $82.18 $83.82 $85.50
hours associated working time) where
clause 5.2.2 applies
Normal preparation (1 hour delivery / 1 105.33 $107.44 $109.59 $111.78 $114.02
hour associated working time) where
clause 5.2.2 applies
For the purposes of this sub clause, the term "undergraduate clinical nurse education" means
the conduct of undergraduate nurse education in a clinical setting.
41.15 Marking
All marking by a Casual Academic Employee will be paid for separately (except in the case of
marking which takes place during a lecture, tutorial, or clinical session). The hours allocated will
be agreed based on the number of students involved and the complexity of the task. The Casual
Academic Employee will be paid in accordance with clause 41.10. Where the exercise of
academic judgment is required the rate at clause 41.10(a) will apply.
41.16 Developing Learning Materials
Where a Casual Academic Employees is required to prepare learning materials, the hours
allocated and the pay level under clause 41.10 will be agreed based on the complexity of the task
and the amount of intellectual and academic expertise required. Where the exercise of academic
judgment is required the rate at clause 41.10(a) will apply.
41.17 Conduct of Research
Where a Casual Academic Employees is employed to conduct research, the hours allocated and
the pay level under clause 41.10 will be agreed based on the complexity of the task and the
amount of intellectual and academic expertise required. Where the exercise of academic
judgment is required the rate at clause 41.10(a) will apply.
41.18 Other Required Academic Activity
A casual employee required to perform any other required academic activity as defined in this
clause will be paid at an hourly rate as follows:
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Type of activity Rate per hour delivered from the first pay period to commence on
or after
May 1 June 1 June 1 June 1 June
2017 2018 2019 2020 2021
2% 2% 2% 2%
Other activity 44.03 $44.91 $45.81 $46.73 $47.66
Other activity, where clause 52.66 $53.71 $54.78 $55.88 $57.00
5.2.2 applies
for each hour of such activity delivered as required and demonstrated to have been performed.
For the purposes of this clause, “other required academic activity” includes work that a casual
employee is required to perform, being work of the following nature:
(a) the conduct of practical classes, demonstrations, workshops, student field excursions;
(b) the conduct of clinical sessions other than clinical nurse education;
(c) the conduct of performance and visual art studio sessions;
(d) musical coaching, repetiteurship, and musical accompanying other than with special
educational service;
(e) development of teaching and course materials such as the preparation of course guides
and reading lists and basic activities associated with course coordination; (where
academic judgment or full course coordination is required, payment will be in
accordance with 41.10(a))
(f) consultation with students beyond that mentioned in clauses 41.11, 41.12 and 41.14;
(g) supervision; (a casual employee who is supervising a higher degree by research
candidate will normally be paid in accordance with clause 41.10(a))
(h) attendance at departmental and or faculty meetings as required
(i) Required Travel – to be capped at a maximum of 10 hours per day.
The above list is not intended to be exhaustive, but is provided by way of examples and guidance.
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PART B – PROFESSIONAL EMPLOYMENT
43 PROFESSIONAL CAREERS
Professional Development
43.1 RMIT will provide Professional Development opportunities to Professional Employees
through a range of activities which can include education, training, mentoring, secondments
and the allocation of higher duties.
43.2 Professional Development will be planned through Work allocation in line with the needs
of the University and the wishes of the Professional Employee.
43.3 Professional Development can occur either through planned opportunities as part of a
performance plan/appraisal processes or through ad hoc opportunities that may arise.
43.4 Professional Employees and Managers will have regular conversations around Professional
Development and career goals. The outcomes of these discussions will be documented
through the workplanning process.
Opportunities within the University
43.5 Higher duties and secondments are a way to advance careers by offering development
opportunities.
43.6 Opportunities for career development and advancement should be discussed as part of
workplanning processes and Managers will work with Professional Employees to find
suitable development and experiential opportunities.
43.7 Professional Employees will have the opportunity to develop and advance their careers by
expressing interest in available higher duties, secondments, professional development and
training, in line with the needs of the University.
43.8 The University will maintain a register of opportunities for Professional Employees within
the University.
Work and career planning
43.9 This clause does not apply to Casual Professional Employees.
43.10 Work planning for Professional Employees will be determined by the Manager in
consultation with the Professional Employee in accordance with the provisions of this
clause.
43.11 Professional Employees and Managers must participate in a professional and cooperative
way in any work allocation and performance/appraisal processes.
43.12 Workloads will be realistic, reasonable, transparent and manageable.
43.13 Professional Employees will not be required to work excessive or unreasonable hours.
43.14 For Professional Employees, hours of work are subject to the provisions of clause 44 and
clause 47.
43.15 Each employee's workload will be reflected in an annual workplan which will take into
account factors including but not limited to:
(a) The work plan of the employee's work unit, and reasonable expectations of the
employee's contribution to that plan.
62
(b) The identification of professional developmental needs which may be required to assist
in the employee's individual contribution to the work group's performance plan, and
which facilitates the employee's career development consistent with the needs of the
employee's work group and/or the University.
(c) The employee's position classification standard and/or position description.
(d) The working hours specified in this agreement
(e) The employee's leave plans.
(f) The University's commitment to providing opportunities for employees to work in a
family friendly environment and balance work-life commitments.
(g) Any responsibilities undertaken by the employee and sanctioned by the University such
as duties associated with an elected representative role eg. on College or University-
wide committees or approved volunteer activities eg. First Aid Officer, Health and Safety
Representative or Fire Warden.
43.16 Individual performance reviews are based on the outcomes established through work
planning and must be based on a reasonable workload.
43.17 Professional Employees are able to raise and have properly considered legitimate issues
relating to their workload.
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(b) under clause 12 (Workplace Flexibility Arrangements); or
(c) to work their ordinary hours on any or all days of the week, Monday to Friday between
8:00am and 8:00pm.
44.6 Any request by an employee to reach agreement under clause 44.5 may only be refused by
the University on reasonable business grounds.
44.7 Where the University and the employee agree on a flexible working arrangement in
accordance with clause 44.5:
(a) the flexible working arrangement will be in writing and the ordinary hours specified in
the flexible working arrangement will be taken to be the ordinary hours of the employee
for all purposes in this agreement; and
(b) Clause 47 (Shiftwork) will not apply to the ordinary hours specified in the flexible working
arrangement.
44.8 Employees may agree, in writing, on schemes of shift arrangement which may not attract
shift allowance, provided that under these arrangements, no employee will be mandatorily
required to work a shift which extends beyond 6:00pm, Monday to Friday without payment
of shift penalty.
44.9 Notwithstanding any other provisions of this Agreement, RMIT may during the period
Monday to Friday, and by agreement with the employee(s) concerned establish an
arrangement of extended shifts of up to nine hours thirty minutes (exclusive of meal breaks)
which would not attract shift penalty. Provided that an employee so agreeing would not be
required to work more than 80% of the ordinary working days (Monday to Friday).
44.10 Except in the case where an employee has reached agreement with the University in
accordance with clauses 44.7, 44.8 or 44.9, no employee will be required to work between
6:00pm and 8:00am without payment of applicable shift penalties or overtime rates of pay.
45 OVERTIME
45.1 All authorised time worked in excess of or outside of the ordinary hours of duty as
determined by clause 44 or clause 47 will be overtime and will be paid for in accordance
with this clause.
45.2 Where the ordinary hours of duty are fixed, each day’s work will stand alone in computing
overtime and overtime rates will apply to all time worked in excess of or outside of the fixed
hours.
45.3 Where daily ordinary hours of duty are flexible the total hours worked in a work cycle as
defined in clause 44 or clause 47 will be computed and overtime rates will apply to all time
worked in excess of the ordinary hours of duty prescribed for the work cycle.
45.4 Any period of overtime which is continuous with ordinary duty and which extends beyond
midnight will be deemed to have been performed on the day the overtime commenced.
45.5 Where overtime is not continuous with ordinary duty and involves duty before and after
midnight, the overtime will be deemed to have been worked on the day for which the higher
rate is payable.
45.6 Overtime will be calculated to the nearest quarter of an hour of the total amount of
overtime worked in a work cycle.
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45.7 Except where recalled to duty subject to clause 49.18 - 49.25, an employee classified at
HEW Level 8 or above, will not normally be entitled to receive payment for overtime, but
will be allowed to receive time off in lieu equivalent to the period of overtime worked. In
cases where time off is unable to be taken within one month of being accrued it will be paid
out.
45.8 The salary of an employee for the purposes of computation of overtime will not include shift
work allowances or the casual loading prescribed in clause 50.1 but will include higher
duties allowance and any other allowance in the nature of salary.
45.9 Payment for overtime calculated for any period in accordance with the provisions of this
clause will not be subject to any limitation in amount within a work cycle as defined in clause
44.
45.10 Subject to clause 45.12 below, the following rates will apply in respect of overtime:
(a) Other than shift employees:
(i) for overtime worked Monday to Saturday inclusive - base rate plus 50% for the first
3 hours and base rate plus 100% thereafter;
(ii) for overtime worked on Sunday - base rate plus 100%;
(iii) for overtime worked on a holiday - base rate plus 150%.
(b) Shift employees:
(i) Except on a holiday - base rate plus 100%;
(ii) On a holiday - base rate plus 150%.
45.11 An employee classified at HEW 7 or below may, by mutual agreement between the
employee and the University reached prior to overtime being worked, take time off in lieu
(TOIL) of overtime payment, such time off being calculated in the same manner as is
prescribed in clause 45.10 for payment for overtime worked.
45.12 An employee required to return to the workplace to work overtime, which is not continuous
with ordinary duty will receive a minimum of 3 hours payment in respect of that overtime
notwithstanding the period of duty may be less than three hours and be paid in accordance
with clause 45.10(a).
45.13 Where more than one overtime attendance is involved the minimum payment provision will
not operate to increase the overtime payment beyond that which would have been payable
had the employee remained on duty from the time of commencing one attendance to the
time of ceasing a subsequent attendance.
45.14 An employee required to work so much overtime that there is not a break of at least 10
consecutive hours plus reasonable traveling time between the cessation of one period of
duty and the commencement of the next ordinary period of duty will be released after
completion of the overtime duty for a period of not less than 10 consecutive hours plus
reasonable traveling time and such release will be without any loss of pay for scheduled
ordinary duty occurring during such absence.
45.15 An employee required by the University to resume or continue work without having had at
least 10 consecutive hours plus reasonable traveling time off duty will be paid at base rate
plus 100% until released from duty for not less than 10 consecutive hours plus reasonable
traveling time off duty and such release will be without loss of pay for any scheduled
ordinary duty occurring during such absence.
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45.16 For the purpose of this sub clause “reasonable traveling time” will mean the period of time
normally required to travel from the place of residence of the employee to the University
and back.
Transport of employees after unrostered shifts or overtime
45.17 When an employee, after having worked overtime or a shift for which the employee has not
been regularly rostered, finishes work at a time when reasonable means of transport are
not available, the University will provide the employee with either a conveyance to the
employee's home or, where the employee provided their own transportation,
reimbursement at the relevant rate per kilometre.
46 MEAL BREAKS
46.1 An employee will not be required to work more than 5 consecutive hours without a break
for a meal.
46.2 A meal break will be of at least 30 minutes but not more than 1 hour.
46.3 Time taken as meal breaks will not be paid for and will not be counted as time worked.
47 SHIFTWORK
“Day Shift” means any shift starting at or after 6.00 am but before 8.00 am and finishing on or before 6.00
pm.
“Afternoon Shift” means any shift finishing after 6.00 pm and at or before midnight.
“Night Shift” means any shift finishing after midnight and at or before 8.00 am.
“Ordinary Shift” means any shift on which a shift worker is rostered for duty within the ordinary working
hours of the employee and according to the relevant roster cycle.
“Overtime Shift” means any shift worked by a shift worker in excess of five shifts per week.
“Relevant Roster Cycle” means a sequence of shifts in a roster to be normally worked by an employee in
the ordinary working hours of the employee and arranged so as to form a recurring cycle of 5 days on shift
and 2 days off per week.
“Rostered Shift” will have the same meaning as “Shift”.
“Shift” means a continuous period of work during which a shift worker is rostered for duty.
“Week” means a period of seven consecutive days calculated from the commencement of the relevant
roster cycle.
47.1 The ordinary hours of duty of employees who are required to perform shiftwork (shift
employees) will be determined by the University in accordance with this clause.
47.2 The ordinary hours of duty for shift employees will not exceed an average of 36 per week
to be worked on one of the following bases:
(a) 36 hours within a work cycle not exceeding 7 consecutive days;
(b) 72 hours within a work cycle not exceeding 14 consecutive days;
(c) 108 hours within a work cycle not exceeding 21 consecutive days; and
(d) 144 hours within a work cycle not exceeding 28 consecutive days.
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Changes to work cycles established in accordance with clause 47.2 are subject to consultation in
accordance with clause 28 (Consultation).
47.3 The ordinary hours of duty for shift employees will:
(a) be worked continuously each shift except for meal breaks;
(b) not exceed 10 hours inclusive of meal breaks in any single shift; and
(c) be worked in accordance with this clause.
47.4 Except as provided in clause 47.5 below, an employee engaged on an afternoon or night
shift will for any ordinary hours worked on Monday to Friday inclusive be paid base rate plus
15%.
47.5 An employee required to work an ordinary shift on a Saturday, a Sunday or a Holiday will be
paid base rate plus:
(a) on a Saturday: 50%
(b) on a Sunday: 100%
(c) on a Holiday: 150%.
47.6 An employee whose rostered day off falls on a holiday will be granted one day’s leave in lieu
of such a holiday.
47.7 An employee who without 72 hours’ notice is:
(a) transferred from day work to shift work; or
(b) transferred from one shift roster to another shift roster; or
(c) transferred to an unrostered shift; or
(d) transferred to another shift within the roster;
will be paid an additional allowance of 50% of the base rate of pay of the employee for any day,
afternoon or night shift to which the employee is so transferred and which occurs before the
expiry of 72 hours’ notice of the transfer provided that the allowance will be payable only to an
employee in receipt of an allowance under clause 47.4 above. In such case the allowance
provided under this sub clause will be payable in lieu of the allowance provided under clause
47.4 above.
47.8 Shift rosters will normally be arranged in either of the following formats:
(a) weekly rotation; or
(b) permanent afternoons.
Employees may be rostered on to permanent afternoon shiftwork either on commencement of
employment or by mutual written agreement.
Roster patterns may be changed only if mutually agreed in writing.
47.9 With the written agreement of an employee and the University, the University may alter an
employee’s normal hours of work for the employee to work afternoon shifts with the
relevant shift penalty allowance.
Additional Leave for Seven-Day Shift Workers
47.10 An employee whose ordinary hours of duty are performed over seven days a week including
Sundays and holidays will, in addition to the normal leave entitlement of the employee, be
granted additional annual leave as follows:
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(a) where the rostered time of ordinary duty of the employee includes at least 10 Sundays
during the period of annual leave accrual of the employee: an additional five days; or
(b) where the rostered time of ordinary duty of the employee includes less than 10 Sundays
during the period of annual leave accrual of the employee: additional leave at the rate
of half a day in respect of each Sunday so rostered.
47.11 The additional annual leave prescribed by clause 47.10 above, will be exclusive of non
working days and holidays.
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(d) Annualised Employees are entitled to receive the leave entitlements of a full-time
employee on a proportional basis determined by the number of annualised ordinary
hours required to be worked by the Annualised Employee within the year. The timing of
taking annual leave and long service leave will be agreed between the University and the
Annualised Employee.
(e) Annualised Employees are entitled to the benefit of all public holidays that fall during
periods for which they are rostered to work.
(f) Annualised Employees are eligible for overtime in the same manner as full-time
continuing employees. In respect of such overtime hours, those overtime hours are in
addition to the annualised ordinary hours for which the employee is engaged. There is
no accrual of leave entitlements in respect of overtime hours.
(g) Where in any year, an Annualised Employee works in excess of the number of ordinary
hours in the year for which they are engaged, they will receive payment for the approved
additional ordinary hours. Any additional ordinary hours worked will be included in the
calculation of leave entitlements.
(h) The University and the Annualised Employee may agree to alter the number of
annualised ordinary hours for which the employee is engaged. If the annualised hours
are altered a reconciliation in respect of pay and hours will be made based on the date
the change takes effect.
(i) If the Annualised Employee ceases employment before the end of the agreed annualised
hours period, the hours paid must be reconciled against the hours worked to calculate
any overpayment or underpayment of salary. Arrangements will then be made for extra
payment or to obtain repayment from the Annualised Employee, as appropriate.
49 ALLOWANCES
Higher Duties
49.1 A Professional Employee, who is required to act at a higher classification for a period of 14
or more consecutive days (10 working days, with allowances for public holidays, approved
leave) will be paid at the base of the higher classification rate during that period. Approved
leave during this period will be paid at the higher rate.
49.2 Where a Professional Employee is required to act at a higher classification for periods that
are not continuous but total more than 12 months, the employee will upon the completion
of each period totalling 12 months be granted salary increments applicable to the higher
position when performing those higher duties.
49.3 Where a Professional Employee who is required to act at a higher classification is
permanently appointed to that position, the employee will receive increments as if the
employee had been employed in that position from the commencement of those higher
duties.
Travel and working away from home
Intentions of this clause
49.4 RMIT will pay for reasonable costs associated with required travel.
49.5 The University will work with Professional Employees to ensure so far as reasonably
practicable that travel, destinations and places of business are safe and without risks to
health.
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49.6 So far as practical, the timing of travel will be organised to meet the preferences of the
employee.
49.7 In order to meet the University’s operational requirements, an employee may be required
to travel to campuses and/or other locations.
Same Day Travel
49.8 Same Day Travel is required travel which occurs during the course of a single work day
where the employee commences and finishes the day at their permanent place of
residence.
49.9 Same Day Travel is considered to be time worked and will count towards overtime.
Employees required to undertake day travel will be paid for the time spent travelling which
is in excess of the time it would usually take for the employee to travel to and from their
regular place of work and home.
Overnight Travel
49.10 Overnight Travel is all required travel which occurs when an Employee is required to spend
one or more nights away from their permanent place of residence.
49.11 Professional Employees will not receive payment for Overnight Travel for time spent
travelling during an employee’s ordinary hours of duty.
49.12 Overnight Travel time is paid for at the employee’s base rate of pay for time spent travelling
outside of the ordinary hours of duty capped at 10 hours.
Working during a period of Overnight Travel
49.13 The provisions of clauses 44, 45, & 47 will apply to work performed when on overnight
travel.
49.14 Weekends and holidays do not affect overtime payments.
49.15 RMIT has the option to pay any Employee overtime in lieu of TOIL.
49.16 The scheduling of work and travel will ensure reasonable rest breaks during and adjacent to
Overnight Travel.
(a) There will be a break of at least 10 consecutive hours plus travelling time between the
cessation of one period of duty and the requirement to commence the next period of
duty.
(b) Where a Professional Employee is required by the University to resume or to continue
working without having had a break of at least 10 consecutive hours plus reasonable
traveling time they will be paid at base rate plus 100% until they take such a break.
49.17 Employees will be entitled to one day off work in seven when spending seven consecutive
days or more working when on Overnight Travel. All work performed on the seventh
consecutive day will be paid at the rate of base rate +100%.
On Call
49.18 The on-call requirement is initiated by RMIT where there is a requirement for service to be
available 24 hours per day, seven days per week.
49.19 This clause will only apply to an employee authorised and rostered for an on-call
requirement and will require the employee’s agreement.
49.20 An employee rostered for on-call duty must remain contactable and available to work
remotely and/or be available for recall to the workplace or other specified location.
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49.21 The “on-call allowance” will be a flat rate, which compensates an employee for their
readiness for work. On-call allowance rates are:
TABLE 49.1
Day/Year 1 May 1 June 1 June 1 June 1 June
2017 2018 2019 2020 2021
Monday to Friday $106.80 $108.94 $111.12 $113.34 $115.61
Saturday, Sunday or Public $169.15 $172.53 $175.98 $179.50 $183.09
Holiday
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(a) the spouse is to travel overseas;
(b) leave will be granted only for the period to be spent by the spouse in traveling;
(c) leave will be granted on two occasions only subject to the discretion of the Vice-
Chancellor to grant further leave;
(d) such leave will take effect only after the employee's accrued long service leave and
annual leave credits have been exhausted;
(e) satisfactory evidence that the spouse is to travel overseas, together with the period and
purpose of overseas travel, is submitted.
49.29 For the purpose of clause 49.28, a person with whom the employee has an established
defacto relationship will be regarded as the spouse of the employee. A statutory declaration
that there has been at least one year's association will be adequate to support a claim that
there is an established defacto relationship.
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50.8 Casual employees will be paid within 21 days of the lodging of a valid claim for payment,
which is a claim that is entered into the system and approved by the Relevant Delegated
Authority.
Conversion Process For Eligible Casual Professional Employees
50.9 An employee must not be engaged and re-engaged nor have their hours reduced in order
to avoid any obligation under this clause.
50.10 Upon appointment, the University will advise a casual employee that, after serving
qualifying periods, casual employees may have a right to apply for conversion and a copy of
the conversion provisions will be made available to such employees.
Eligibility
50.11 To be eligible to apply for conversion to either continuing or fixed term employment, a
casual employee must be employed on a regular and systematic basis in the same or a
substantially similar position in the same work unit either:
(a) over the immediately preceding period of 12 months, and in those immediately
preceding 12 months the average weekly hours worked equalled at least 50% of the
ordinary weekly hours that would have been worked by an equivalent full-time
employee; or
(b) over the immediately preceding period of at least 24 months.
50.12 For the purposes of this clause, occasional and short-term work performed by the employee
in another classification, job or work unit will not:
(a) affect the employee’s eligibility for conversion; or
(b) be included in determining whether the employee meets or does not meet the eligibility
requirements for conversion.
50.13 For the purposes of this clause, a ‘work unit’ refers to an organisational unit with control
over the appointment and deployment of casual professional employees within that unit
(e.g. School/Department/Administrative Group). It will not include a larger organisational
unit constituted by the aggregation of other such units.
Applying for Conversion
50.14 A casual employee may apply in writing when they meet the conversion criteria described
in this clause. The University may refuse a formal application for conversion on reasonable
grounds.
50.15 The University must determine an application for conversion either by offering conversion
to continuing or fixed term employment, or by rejecting the application. If the University
rejects the application, it must provide written reasons for rejecting it.
Mode of conversion
50.16 Conversion may be, but is not required to be, to part-year or annualised hours employment.
Conversion of a casual employee to part-year or annualised hours employment may occur
where, by custom and practice, the work has been performed by casual employees on such
a basis.
50.17 The offer of conversion will indicate the hours and pattern of work which, subject to due
consideration of RMIT’s operational requirements and the desirability of offering the
employee work which is as regular and continuous as is reasonably practicable, will be
consistent with the employee’s casual engagement. Conversion of the employee will occur
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at the classification level of the position/role. The offer of conversion will constitute an
instrument of engagement and include the terms of engagement stipulated in clause 6.2.
50.18 An employee whose application for conversion is rejected will not be entitled to apply again
within 12 months except where:
(a) that rejection is solely based on the ground that the employee is performing work which
will either cease to be required or will be performed by a non-casual employee within
26 weeks (from the date of receipt of the casual employee’s application for conversion);
and
(b) that ground ceased to apply.
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HIGHER EDUCATION WORKER LEVEL 1
Training level or qualifications
Employees at the base of this level would not be required to have formal qualifications or work
experience upon engagement.
Employees engaged at the base of this level will be provided with structured on the job training
in addition to up to 38 hours of induction to the higher education industry which will provide
information on the higher education institution, conditions of employment, training to be made
available and consequent career path opportunities, physical layout of the institution/work
areas, introduction to fellow workers and supervisors, work and documentation procedures,
occupational health and safety, equal employment opportunity practices and extended basic
literacy and numeracy skills training where required/necessary to enable career path
progression.
Occupational equivalent
Cleaner, Labourer, Trainee for Level 2 duties.
Level of supervision
Close supervision or, in the case of more experienced employee working alone, routine
supervision.
Task level
Straightforward manual duties, or elements of Level 2 duties under close supervision and
structured on the job training.
Some knowledge of materials, e.g. cleaning chemicals and hand tools, may be required.
Established procedures exist.
Organisational knowledge
May provide straightforward information to others on building or service locations.
Judgement, independence and problem solving
Resolve problems where alternatives for the jobholder are limited and the required action is clear
or can be readily referred to higher levels.
Typical activities
Perform a range of industrial cleaning tasks, move furniture, assist trades personnel with manual
duties.
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HIGHER EDUCATION WORKER LEVEL 2
Training level or qualifications
Persons employed at Level 2 will typically perform duties at a skill level which assumes and
requires knowledge, training or experience relevant to the duties to be performed, or completion
of year 12 without work experience or an equivalent combination of experience and training.
Occupational equivalent
Clerk, Security Patrol Officer.
Level of supervision
Routine supervision of straightforward tasks; close supervision of more complex tasks (see
below).
Task level
Perform a range of straightforward tasks where procedures are clearly established. May on
occasion perform more complex tasks.
Organisational knowledge
Following training, may provide general information/advice and assistance to members of the
public, students and other employees which is based on a broad knowledge of the employee’s
work area/responsibility, including knowledge of the functions carried out and the location and
availability of particular personnel and services.
Judgement, independence and problem solving
Solve relatively simple problems with reference to established techniques and practices. Will
sometimes choose between a range of straightforward alternatives.
An employee at this level will be expected to perform a combination of various routine tasks
where the daily work routine will allow the latitude to rearrange some work sequences, provided
the prearranged work priorities are achieved.
Typical activities
Clerical positions at this level may include duties involving the inward and outward movement of
mail, keeping, copying, maintaining and retrieving records, straightforward data entry and
retrieval.
Security Officers may be involved in a range of patrol duties, including responding to alarms,
following emergency procedures and preparing incident reports.
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HIGHER EDUCATION WORKER LEVEL 3
Training level or qualifications
Persons employed at Level 3 will typically perform duties at a skill level which assumes and
requires knowledge or training in clerical/administrative, trades of technical functions equivalent
to:
completion of a trades certificate; or
completion of year 12, with relevant work experience; or
equivalent relevant experience or combination of relevant experience and
education/training
Persons advancing through this level may typically perform duties which require further on the
job training or knowledge and training equivalent to progress toward completion of an advanced
certificate or associate diploma.
Occupational equivalent
Tradesperson, technical assistant/technical trainee, clerical/secretarial.
Level of supervision
In technical positions, routine supervision, moving to general direction with experience. In other
positions, general direction. This is the first level where supervision of other employees may be
required.
Task level
Some complexity. Apply body of knowledge equivalent to trade certificate, including diagnostic
skills and assessment of the best approach to a given task.
Organisational knowledge
Perform tasks/assignments which require knowledge of the work area processes and an
understanding of how they interact with other related areas and processes.
Judgement, independence and problem solving
Exercise judgement on work methods and task sequence within specified timelines and standard
practices and procedures.
Typical activities
In trades positions, apply the skills taught in a trade certificate including performance of a range
of construction, maintenance and repair tasks, using precision hand and power tools and
equipment. In some cases this will involve familiarity with the work of other trades or require
further training.
In technical Assistant positions:
assist a technical officer in operating a laboratory, including ordering supplies
assist in setting up routine experiments
monitor experiments for report to a technical officer
assist with the preparation of specimens
assist with the feeding and care of animals
Employees would be expected to perform a greater range and complexity of tasks as they
progressed through the level and obtained further training.
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In clerical positions, perform a range of clerical support tasks including:
standard use of a word processing package (including store and retrieve documents,
key and lay out correspondence and reports, merge, move and copy, use of columns,
tables and basic graphics) or an established spreadsheet or database application.
Provide general clerical support to employees within a faculty, including word
processing, setting up meetings, answering straightforward inquiries and directing
others to the appropriate personnel.
Process accounts for payment.
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HIGHER EDUCATION WORKER LEVEL 4
Training level of qualification
Persons employed at Level 4 will typically perform duties at a skill level which assumes and
requires knowledge or training equivalent to:
completion of an associate diploma level qualification with relevant work related
experience or a certificate level qualification with post-certificate relevant work
experience;
completion of a post-trades certificate or advanced certificate and extensive relevant
experience and on the job training; or
an equivalent combination of relevant experience and/or education/training
Occupational equivalent
Technical officer or technician, clerical/secretarial above Level 3, advanced tradesperson.
Level of supervision
In technical positions, routine supervision to general direction depending upon experience and
the complexity of the tasks. In other positions, general direction.
May supervise or co-ordinate others to achieve objectives, including liaison with employees at
higher levels.
May undertake stand alone work.
Task level
May undertake limited creative, planning or design functions; apply skills to a varied range of
different tasks.
Organisational knowledge
Perform tasks/assignments which require proficiency in the work area’s rules, regulations,
processes and techniques, and how they interact with other related functions.
Judgement, independence and problem solving
In trades positions, extensive diagnostic skills. In technical positions, apply theoretical knowledge
and techniques to a range of procedures and tasks. In clerical/secretarial positions, provide
factual advice which requires proficiency in the work area’s rules and regulations, procedures
requiring expertise in a specialist area or broad knowledge of a range of personnel and functions.
Typical activities
In trades positions:
work on complex engineering or interconnected electrical circuits
exercise high precision trades skills using various materials and/or specialised
techniques
In technical positions:
develop new equipment to criteria developed and specified by others
under routine direction, assist in the conduct of major experiments and research
programs and/or in setting up complex or unusual equipment for a range of
experiments and demonstrations
demonstrate the use of equipment and prepare reports of technical nature as directed
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In library technician positions:
undertake copy cataloguing
use a range of bibliographic databases
undertake acquisitions
respond to reference inquiries
In clerical/secretarial positions:
may undertake a full range of word processing functions, including mathematical
formulae and symbols, manipulation of text and layout in desktop publishing software
and use of a range of word processing packages if required
be responsible for providing a full range of secretarial services in a faculty
plan and set up spreadsheets or data base applications
provide advice to students on enrolment procedures and requirements administer
enrolment and course progression records
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HIGHER EDUCATION WORKER LEVEL 5
Training level or qualifications
Persons employed at Level 5 will typically perform duties at a skill level which assumes and
requires knowledge or training equivalent to:
completion of a degree without subsequent relevant work experience; or
completion of an associate diploma and at least 2 years subsequent relevant work
experience; or
completion of a post-trades certificate or advanced certificate and extensive relevant
experience as a technician; or
an equivalent combination of relevant experience and/or education/training
Occupational equivalent
Graduate (i.e. degree) or professional, without subsequent work experience on entry (including
inexperienced computer systems officer); administrator with responsibility for advice and
determinations; experienced technical officer.
Level of supervision
In professional positions, routine supervision to general direction, depending on tasks involved
and experience. In technical positions, general direction and may supervise other staff.
Task level
Apply body of broad technical knowledge and experience at a more advanced level than 4,
including the development of areas of specialist expertise. In professional positions, apply
theoretical knowledge, at degree level, in a straightforward way. In administrative positions,
provide interpretation, advice and decisions on rules and entitlements.
Organisational knowledge
Perform tasks/assignments which require proficiency in the work area’s rules, regulations,
processes and techniques and how they interact with other related functions.
Judgement, independence and problem solving
In professional positions, solve problems through the standard application of theoretical
principles and techniques at degree level. In technical positions, apply standard technical training
and experience to solve problems. In administrative positions, may apply expertise in a particular
set of rules or regulations to make decisions, or be responsible for co-ordinating a team to
provide an administrative service.
Typical activities
In technical positions:
develop new equipment to general specifications
under general direction, assist in the conduct of major experiments and research
programs and/or in setting up complex or unusual equipment for a range of
experiments and demonstration
under broad direction, set up, monitor and demonstrate standard experiments and
equipment use
prepare reports of a technical nature
In library technician positions:
81
perform at a higher level than Level 4, including assist with reader education programs
and more complex bibliographic and acquisition services.
Operate a discrete unit within a library which may involve significant supervision or be
the senior employee in an outposted service.
In administrative positions:
responsible for the explanation and administration of an administrative function, e.g.
HECS advice, records, determinations and payments, a centralised enrolment function,
the organisation and administration of exams at a small campus.
In professional positions and under professional supervision:
work as part of a research team in a support role
provide a range of library services including bibliographic assistance, original
cataloguing and reader education in library and reference services
provide counseling services
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HIGHER EDUCATION WORKER LEVEL 6
Training level or qualifications
Persons employed at Level 6 will typically perform duties at a skill level which assumes and
requires knowledge or training equivalent to:
a degree with subsequent relevant experience; or
extensive experience and specialist expertise or broad knowledge in technical or
administrative fields; or
an equivalent combination of relevant experience and/or education/training
Occupational equivalent
Graduate or Professional with subsequent relevant work experience (including a computer
systems officer with some experience); line manager; experienced technical specialist and/or
technical supervisor.
Level of supervision
In professional positions, general direction; in other positions, broad direction. May have
extensive supervisory and line management responsibility for technical, clerical, administrative
and other non-professional staff.
Task level
Perform work assignments guided by policy, precedent, professional standards and managerial
or technical expertise. Employees would have the latitude to develop or redefine procedure and
interpret policy so long as other work areas are not affected. In technical and administrative
areas, have a depth or breadth of expertise developed through extensive relevant experience
and application.
Organisational knowledge
Perform tasks/assignments which require proficiency in the work area’s existing rules,
regulations, processes and techniques and how they interact with other related functions, and
to adapt those procedures and techniques as required to achieve objectives without impacting
on other areas.
Judgement, independence and problem solving
Discretion to innovate within own function and take responsibility for outcomes; design, develop
and test complex equipment, systems and procedures; undertake planning involving resources
use and develop proposals for resource allocation; exercise high level diagnostic skills on
sophisticated equipment or systems; analyse and report on data and experiments.
Typical activities
In technical positions:
manage a teaching or research laboratory or a field station
provide highly specialised technical services
set up complex experiments
design and construct complex or unusual equipment to general specifications
assist honours and postgraduate students with their laboratory requirements
install, repair, provide and demonstrate computer services in laboratories.
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In administrative positions:
provide financial, policy and planning advice
service a range of administrative and academic committees, including preparation of
agendas, papers, minutes and correspondence
monitor expenditure against budget in a school or small faculty
In professional positions:
work as part of a research team
provide a range of library services, including bibliographic assistance, original
cataloguing and reader education in library and reference services
provide counseling services
undertake a range of computer programming tasks
provide documentation and assistance to computer users
analyse less complex user and system requirements.
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HIGHER EDUCATION WORKER LEVEL 7
Training level or qualifications
Persons employed at Level 7 will typically perform duties at a skill level which assumes and
requires knowledge or training equivalent to:
a degree with at least 4 years subsequent relevant experience; or
extensive experience and management expertise in technical or administrative fields;
or
an equivalent combination of relevant experience and/or education/training
Occupational equivalent
Senior librarian, technical manager, senior professional or scientific officer, senior administrator
in a small less complex faculty.
Level of supervision
Broad direction. May manage other administrative, technical and/or professional staff.
Task level
Independently relate existing policy to work assignments or rethink the way a specific body of
knowledge is applied in order to solve problems. In professional or technical positions, may be a
recognised authority in a specialised area.
Organisational knowledge
Detailed knowledge of academic and administrative policies and the interrelationships between
a range of policies and activities.
Judgement, independence and problem solving
Independently relate existing policy to work assignments, rethink the way a specific body of
knowledge is applied in order to solve problems, adapt procedures to fit policy prescriptions or
use theoretical principles in modifying and adapting techniques. This may involve stand alone
work or the supervision of others in order to achieve objectives. It may also involve the
interpretation of policy which has an impact beyond the immediate work area.
Typical activities
In a library, combine specialist expertise and responsibility for managing a library function; in
student services, the training and supervision of other professional employees combined with
policy development responsibilities which may include research and publication in technical
manager positions, the management of teaching and research facilities for a department or
school; in research positions, acknowledged expertise in a specialised area or a combination of
technical management and specialist research.
In administrative positions, provide less senior administrative support to relatively small and less
complex faculties or equivalent.
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HIGHER EDUCATION WORKER LEVEL 8
Training level or qualifications
Persons employed at level 8 will typically perform duties at a skill level which assumes and
requires knowledge or training equivalent to:
postgraduate qualifications or progress towards postgraduate qualifications and
extensive relevant experience; or
extensive experience and management expertise; or
an equivalent combination of relevant experience and/or education/training
Occupational equivalent
Researcher of national standing; manager; senior school or faculty administrator.
Level of supervision
Broad direction. May manage other administrative, technical and/or professional staff.
Task level
Work at this level is likely to require the development of new ways of using a specific body of
knowledge which applies to work assignments, or may involve the integration of other specific
bodies of knowledge.
Organisational knowledge
The employee would be expected to make policy recommendations to others and to implement
programs involving major change which may impact on other areas of the institution’s
operations.
Judgement, independence and problem solving
Responsible for program development and implementation. Provide strategic support and advice
to schools or faculties requiring integration of a range of university policies and external
requirements, and an ability to achieve objectives operating within complex organisation
structures.
Typical activities
Assist in the management of a large functional unit with a diverse or complex set of functions
and significant resources; manage a function or development and implementation of a policy
requiring a high degree of knowledge and sensitivity; manage a small and specialised unit where
significant innovation, initiative and/or judgment are required; provide senior administrative
support to schools and faculties of medium complexity, taking into account the size, budget,
course structure, external activities and management practices within the faculty or equivalent
unit.
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Higher Education Worker Level 9
Training level or qualifications
Persons employed at Level 9 will typically perform duties at a skill level which assumes and
requires knowledge or training equivalent to:
postgraduate qualifications and extensive relevant experience; or
extensive management experience and proven management expertise; or
an equivalent combination of relevant experience and/or education/training
Occupational equivalent
Researcher of national or international standing; manager; senior school or faculty administrator.
Level of supervision
Broad direction. Will manage other administrative, technical and/or professional staff.
Task level
Demonstrated capacity to conceptualise, develop and review major professional, management
or administrative policies at the corporate level. Significant high level creative, planning and
management functions. Responsibility for significant resources.
Organisational knowledge
Conceptualise, develop and review major policies, objectives and strategies involving high level
liaison with internal and external client areas. Responsible for programs involving major change
which may impact on other areas of the institution’s operations.
Judgement, independence and problem solving
Responsible for program development and implementation. Provide strategic support and advice
to schools or faculties requiring integration of a range of internal and external policies and
demands, and an ability to achieve objectives operating within complex organisation structures.
Typical activities
Assist in the management of a large functional unit with a diverse or complex set of functions
and significant resources; manage a function or development and implementation of a policy
requiring a high degree of knowledge and sensitivity and the integration of internal and external
requirements; manage a small and specialised unit where significant innovation, initiative and/or
judgement are required; provide senior administrative support to the more complex schools and
faculties, taking into account the size, budget, course structure, external activates and
management practices within the faculty or equivalent unit.
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Higher Education Worker Level 10
Training level or qualifications
Persons employed at or above this level will typically perform duties at a skill level which assumes
and requires knowledge or training equivalent to:
proven expertise in the management of significant human and material resources; in
addition to, in some areas
postgraduate qualifications and extensive relevant experience
Occupational equivalent
Senior program, research or administrative manager.
Level of supervision
Broad direction. Will manage other administrative, technical and/or professional staff.
Task level
Complex, significant and high level creative planning, program and managerial functions with
clear accountability for program performance. Comprehensive knowledge of related programs.
Generate and use a high level of theoretical and applied knowledge.
Organisational knowledge
Bring a multiperspective understanding to the development, carriage, marketing and
implementation of new policies; devise new ways of adapting the organisation’s strategies to
new, including externally generated, demands.
Judgement, independence and problem solving
Be fully responsible for the achievement of significant organisational objectives and programs.
Typical activities
Manage a large functional unit with a diverse or complex set of functions and significant
resources; manage a more complex function or unit where significant innovation, initiative
and/or judgment are required; provide senior administrative support to the most complex
schools and faculties in large institutions, involving complex course structures, significant
employee and financial resources, outside activities and extensive devolution of administrative,
policy and financial management responsibilities to this position.
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PROFESSIONAL EMPLOYEE ANNUAL SALARY RATES
51.5 Salary adjustments are operative from the first full pay period to commence following the
dates set out below.
51.6 Salary rates specified below will be paid on a pro-rata basis for part-time and seasonal
employees.
HEW Level/ Classification Code 1 May 2017 1 June 2018 1 June 2019 1 June 2020 1 June
2021
HEW Level 1 1 45,869 $46,786 $47,722 $48,676 $49,650
2 46,785 $47,721 $48,675 $49,649 $50,642
3 47,726 $48,681 $49,655 $50,648 $51,661
HEW Level 2 1 49,520 $50,510 $51,520 $52,550 $53,601
2 50,503 $51,513 $52,543 $53,594 $54,666
3 51,563 $52,594 $53,646 $54,719 $55,813
HEW Level 3 1 52,126 $53,169 $54,232 $55,317 $56,423
2 53,165 $54,228 $55,313 $56,419 $57,547
3 54,227 $55,312 $56,418 $57,546 $58,697
4 55,315 $56,421 $57,549 $58,700 $59,874
5 56,421 $57,549 $58,700 $59,874 $61,071
6 57,549 $58,700 $59,874 $61,071 $62,292
HEW Level 4 1 59,946 $61,145 $62,368 $63,615 $64,887
2 61,140 $62,363 $63,610 $64,882 $66,180
3 62,362 $63,609 $64,881 $66,179 $67,503
4 63,607 $64,879 $66,177 $67,501 $68,851
5 64,881 $66,179 $67,503 $68,853 $70,230
HEW Level 5 1 65,155 $66,458 $67,787 $69,143 $70,526
2 66,458 $67,787 $69,143 $70,526 $71,937
3 67,783 $69,139 $70,522 $71,932 $73,371
4 69,146 $70,529 $71,940 $73,379 $74,847
5 70,524 $71,934 $73,373 $74,840 $76,337
6 71,936 $73,375 $74,843 $76,340 $77,867
7 73,373 $74,840 $76,337 $77,864 $79,421
8 74,844 $76,341 $77,868 $79,425 $81,014
HEW Level 6 1 75,578 $77,090 $78,632 $80,205 $81,809
2 77,093 $78,635 $80,208 $81,812 $83,448
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HEW Level/ Classification Code 1 May 2017 1 June 2018 1 June 2019 1 June 2020 1 June
2021
3 78,630 $80,203 $81,807 $83,443 $85,112
4 80,207 $81,811 $83,447 $85,116 $86,818
5 81,811 $83,447 $85,116 $86,818 $88,554
HEW Level 7 1 83,397 $85,065 $86,766 $88,501 $90,271
2 85,069 $86,770 $88,505 $90,275 $92,081
3 86,767 $88,502 $90,272 $92,077 $93,919
4 88,502 $90,272 $92,077 $93,919 $95,797
5 90,272 $92,077 $93,919 $95,797 $97,713
HEW Level 8 1 93,819 $95,695 $97,609 $99,561 $101,552
2 95,700 $97,614 $99,566 $101,557 $103,588
3 97,614 $99,566 $101,557 $103,588 $105,660
4 99,565 $101,556 $103,587 $105,659 $107,772
5 101,552 $103,583 $105,655 $107,768 $109,923
6 103,588 $105,660 $107,773 $109,928 $112,127
7 105,657 $107,770 $109,925 $112,124 $114,366
HEW Level 9 1 109,456 $111,645 $113,878 $116,156 $118,479
2 111,651 $113,884 $116,162 $118,485 $120,855
3 113,884 $116,162 $118,485 $120,855 $123,272
4 117,277 $119,623 $122,015 $124,455 $126,944
HEW Level 10A 1 122,461 $124,910 $127,408 $129,956 $132,555
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PART C – SENIOR, SPECIALIST AND EXECUTIVE EMPLOYMENT
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SIGNED for and on behalf of RMIT UNIVERSITY
Signatory
Signature
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Witness
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Signature Date
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SIGNED for and on behalf of the NATIONAL TERTIARY EDUCATION INDUSTRY UNION
Signatory
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Name
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Title
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Address
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Date
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