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This message is about the new Higher Education Workplace Reform Requirements (HEWRRs) that were recently announced by the federal Government. The HEWRRs affect all universities: 5% of our Commonwealth Grant Scheme funding in 2006 and 7.5% in 2007 and subsequent years is now tied to our satisfying HEWRRs. To obtain the tied funds for 2006 we will need to demonstrate our compliance with HEWRRs by 30 September 2005. We would like to do this with the minimum perturbation to our now certified Enterprise Agreement (certification was achieved on May 6). The NTEU are in support of this approach.
An extract from the Minister’s announcement is appended below.
There is a lot of detail as well as apparent complex ambiguity (particularly in requirement 2) in the way the HEWRRS have been presented to us. It is important for everyone to understand the types of changes we will have to make in the next few months. I will set out the main requirements briefly with my understanding of the actions we will have to take.
Discussions with the Ministers are continuing. If there is no change to the announced HEWRRs we will have to obtain the agreement of the unions and the approval of staff for significant variation to our Enterprise Agreement, and to have the variation approved in the Commission by 30 September 2005. Things we will need to change include:
Other things we need to do
The University must offer Australian Workplace Agreements (AWAs) by 30 September 2005 to all new employees employed after 29 April 2005, and to all other employees by 31 August 2006; this includes casual staff.
Our policies and practices need to be reviewed and if necessary changed in line with the changes to the Enterprise Agreement that are listed above; they will need to ensure:
Our enterprise Agreement cannot be changed or replaced to suit the HEWRR deadline without the agreement of all of the unions that are party to the agreement, and the approval of a majority of staff.
We are having constructive discussions with the NTEU in order to achieve HEWRR compliance. We are optimistic that this can be done, even though the targets we are aiming for are not yet clearly defined.
Roger Dean
Vice-Chancellor
30 May 2005
Distribution: All staff
Extract from the Minister’s statement:
1. Choice in Agreement Making
The HEP [Higher Education Provider] must provide employees with genuine choice and flexibility in agreement making by offering AWAs to all new employees employed after 29 April 2005 and to all other employees by 31 August 2006.
The HEP's certified agreements, made (or varied) and certified after 29 April 2005, are to include a clause that expressly allows for AWAs to operate to the exclusion of the certified agreement or prevail over the certified agreement to the extent of any inconsistency. The following clause is recommended:
The [insert HEP name] may enter into AWAs with its employees. Those AWAs may either operate to the exclusion of this certified agreement or prevail over the terms of this certified agreement to the extent of any inconsistency, as specified in each AWA.
2. Direct relationships with employees
The HEP’s workplace agreements, policies and practices must provide for direct consultation between employees and the HEP on workplace relations and human resources matters. The involvement of third parties representing employees must only occur at the request of an affected employee.
Workplace relations consultative committees and associated committee processes must include direct employee involvement. Employee involvement in negotiations and discussions on workplace relations and human resources issues must not be restricted to third party representation only.
3. Workplace Flexibility
The HEP’s workplace agreements, policies and practices are to facilitate and promote fair and flexible arrangements. The HEP must have working arrangements and conditions of employment which are tailored to the circumstances of the HEP and which benefit both the HEP and its employees.
The HEP's workplace agreements should expressly displace previous workplace agreements and relevant awards.
The HEP’s workplace agreements, policies and practices are not to inhibit the capacity of the HEP and its employees to respond to changing circumstances. The HEP’s workplace agreements, policies and practices must not limit or restrict the HEP’s ability to make decisions and implement change in respect of course offering and associated staffing requirements, including not placing limitations on the forms and mix of employment arrangements.
The HEP’s workplace agreements must be simple, flexible and principle-based documents which avoid excessive detail and prescription.
4. Productivity and Performance
The HEP’s workplace agreements, policies and practices must support organisational productivity and performance.
The HEP’s workplace agreements, policies and practices must include a fair and transparent performance management scheme which rewards high performing individual staff. Consistent with this, the HEP’s workplace agreements, policies and practices must also include efficient processes for managing poor performing staff.
5. Freedom of Association
The HEP’s workplace agreements, policies and practices must be consistent with freedom of association principles contained in the Workplace Relations Act 1996. HEPs must neither encourage nor discourage union membership.
The HEP must not use CGS funds to pay union staff salaries, or fund union facilities and activities.
Content Custodian: Ross
Dunn
Last updated: 06/06/05
16:23
Content Custodian: Dianne Hounsell