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Sydney University - where are we at?

10 December 2003

Where are things at with the General Staff Agreement

Late last Thursday night the Senate approved the amended Higher Education Support Bill. The General Staff Agreement is well into its second draft and in light of the Bill being passed, the CPSU will be urging the University to step up the pace on the drafting of the General Staff Agreement.

We believe that we are close to getting a final agreement. In discussion with the University yesterday afternoon, the Pro Vice-Chancellor of Employee Relations Michael Fry, agreed that "we are very close to getting a General Staff Agreement".

We expect that subject to all parties availability for drafting that we should be able to get a General Staff Agreement out to our members for scrutinizing in the very near future. The CPSU will ensure our availability next week for this to occur.

What are the new Requirements?

A University's basic grant amount for a year is increased if
  • The Enterprise Agreement includes a clause which states that "The University may offer AWAs in accordance with the Workplace Relations Act 1996."

  • the University senate representation complies with the National Governance Protocols (at this stage we understand this to mean that there will be no State, Staff or Student representation on the University Senate - this of course is subject to the relevant legislative change by the State Government)

The Minister for Education is satisfied that the University has met both of the above requirements for an increase in the University's basic grant amount to be increased.

The clause now prescribed by the Government is considerably watered down from the requirement that AWAs must be offered to a broad spectrum of employees and the terms must override an Enterprise Agreement.

What effect does the new clause on AWAs have on us?

The clause now required on Australian Workplace Agreements has the same affect as an agreement which does not explicitly prohibit the University offering Australian Workplace Agreements. In other words having a clause which states "The University may offer AWAs in accordance with the Workplace Relations Act 1996" is the same as an Agreement saying nothing at all on AWAs.

This means that Australian Workplace Agreements may be offered to new and existing university staff, but the terms of the Enterprise Agreement would override the terms of the AWA to the extent of any inconsistency.

Another implication to consider is where an Enterprise Agreement that does not expressly prohibit AWAs expires, an employer can offer an AWA to an employee and the terms of that AWA will override the terms of the Enterprise Agreement even after a new Enterprise Agreement is certified unless the nominal expiry date of the AWA has passed. This means the Unions must be vigilant in ensuring that we have or are close to having an EBA ready for certification when the old one's nominal expiry date is due in order to protect staff from being offered AWAs which override the Enterprise Agreement.

What about the $1,000 bonus? When will this be paid?

Ordinarily this is paid after the upon certification of the Agreement in the Australian Industrial Relations Commission. However the CPSU will be pressing the university to have this paid upon signing of the General Staff Enterprise Agreement.

What happens once the parties are happy with the draft?

CPSU members will be posted a copy of the Draft General Staff Agreement prior to being asked to endorse the draft for our union's signature. Once this occurs the agreement will be put to a ballot of all General Staff for accepting or rejecting.

What is the heads of agreement?

Up until June this year, all parties worked toward getting a document which articulates the agreed principles upon which a final agreement would be drafted. In June the CPSU was happy with what we had achieved which included 19.4% pay rise and 36 weeks fully paid maternity leave and we began work on drafting the details of a General Staff Agreement.

However there were academic matters outstanding for the other union and they were unable to sign off at that time.

Since then the Government requirements were announced which created obstacles for the University signing anything which did not comply with those Requirements. The signing of this heads of agreement is largely irrelevant for General Staff as our agreement is already into its second draft. However we may consider signing it as a matter of symbolism as it demonstrates that the parties no longer see any obstacles in our way of getting an agreement finalised.

If you have any questions or concerns at all about the new proposed clause for AWAs or anything at all about this bulletin please call your branch office on 9351 5176 or Maria Cirillo on 0407 060 960 or 9220 0904, or Glenn Conroy on 9220 0975.

We understand that some work has been done on on the first draft of the academic agreement.

The CPSU is anxious to ensure that obstacles unrelated to General Staff will not be placed in the way of finalizing a General Staff Agreement.


Contact Details
Maria Cirillo
Ph:  02 9220 0904
Fax: 02 9262 1623
mcirillo@psa.asn.au

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