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Monash CollegeEnterprise Agreement 2014

22 October 2014

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Monash College has commenced bargaining for a new Enterprise Agreement.

The new Enterprise Agreement will contain employment terms and conditions for the next few years.

The purpose of this brochure is to provide up-to-date information throughout the process. The brochure will be updated regularly to reflect discussions.

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What is in this booklet?

A message from Julie Coleman 03

Bargaining overview 04

Agreement process 06

Bargaining representatives 06

Process of bargaining 09

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Bargaining for the replacement of Monash College’s Enterprise Agreement 2009-2013 is now entering an important phase. We want to update you on the progress that has been made and the matters that still need to be agreed.

As we said at the outset, Monash College wants an Enterprise Agreement that is mutually beneficial, and that strikes the right balance between meeting the needs of its staff and the needs of the business.

Monash College’s bargaining proposals balance the importance of supporting and investing in teaching excellence, good facilities and supporting the realities of the business environment and the market in which we operate.

As a commercial subsidiary (rather than a faculty), we don’t get public funding or financial support from Monash University, and must generate our own income. Like all businesses, we can only reinvest in the business, in our staff, facilities and programs if we make a profit.

We work in a volatile international market, where key factors are out of our control and longer-term forecasting and planning is difficult. However, we believe we can survive, thrive and provide long-term employment, security and growth if we have:• Organisational flexibility• A student-centred approach• Excellence in teaching and learning

and support services• High transition rates, academic

performances, and successful career transitions for our students

• Ongoing professional development• A readiness to embrace new

approaches• A continuing strong Monash brand.

Our proposals have been shaped by detailed feedback that showed staff valued flexibility, professional development, our pay arrangements and leave provisions. The feedback also revealed opportunities for discussion around sessional staffing levels and associated ratios, workload, job security, accommodation and the classification structure.

Monash College’s Enterprise Agreement proposal has been guided by the following principles:• Reasonable and sustainable salary

increases• Fair and flexible employment conditions• Enhanced professional development• Efficient, effective and fair processes

and procedures• Language that everyone can understand.

Thank you for your feedback and involvement to date. We will continue to update you on progress and seek your feedback either directly or through your staff bargaining representatives. We look forward to a mutually beneficial result.

Meeting staff and business needs 4 SEPTEMBER 2014

JULIE COLEMANHR DIRECTOR

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Agreement process

Bargaining

Bargaining representatives negotiate the terms and conditions of the new Enterprise Agreement.

Bargaining meetings are held weekly.

The Employer and Bargaining Representatives need to reach an in-principle agreement.

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Proposal and vote Proposed Enterprise Agreement is presented.

Terms of the agreement, the effect of those terms and voting details are explained.

You have at least seven days to consider the proposal and then vote.

Approval process1. Approval required by a majority of voting Employees (50% +1 vote = yes).

Enterprise Agreement is lodged with the Fair Work Commission (within 14 days of vote).

2. The test we must meet. Our Enterprise Agreement must pass the ‘better off overall test’ – that Employees will be better off overall than under the relevant modern award. Fair Work Commission must also be satisfied that the Agreement:• Has been made with the genuine agreement of those

involved• Does not include any unlawful terms• Specifies a date as its nominal expiry date (not more than

four years after the date of Commission approval)• Provides a dispute settlement procedure• Includes a flexibility clause and a consultation clause.

3. Agreement comes into effect.

06 Bargaining representatives

Employee representativesIf you’re a member of the NTEU, they are your automatic bargaining representative unless you revoke their status. You can decide to appoint a person, including yourself, as your bargaining representative, but you do not have to.

What do they do?The role of a bargaining representative is to represent the parties involved in the negotiation: that means Monash College (the Employer) and you (the Employees covered by the proposed Enterprise Agreement). The individuals appointed as representatives need to engage in the process and seek to reach agreement.

It is a requirement under the Fair Work Act that bargaining representative meet good faith bargaining requirements. These provide ground rules on how representatives behave and treat each other.

How do I appoint myself or someone else as my bargaining representative?To appoint yourself or someone else as a bargaining representative you need to advise Monash College in writing by completing the nomination form, which is available on the intranet.

The person you appoint must be willing to be your bargaining representative and they must agree to comply with the good faith bargaining requirements.

Is there a cut-off date for appointing a representative?No. If you are covered by the proposed Agreement you can appoint a representative at any stage in the process up until agreement is reached.

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Our bargaining values Good faith bargaining requirements encourage parties (Monash College, NTEU, Employees and their bargaining representatives) to communicate openly and to focus their negotiations on key issues.

Monash College and the NTEU agreed to the following in the spirit of good faith bargaining:• Negotiate in a manner to positively

progress issues• Attend and take part in meetings• Follow through on action items and

commitments between meetings and provide relevant information

• Maintain constructive communication and dialogue throughout the meeting and bargaining process

• Genuinely consider proposals and give reasons for the responses

• Respect each other and focus on the issues rather than the individual.

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22 OCTOBER 2014

Process of bargaining

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Fair and flexible conditions

Monash College proposes measures aimed to attract and retain the best staff. This is achieved through the provision of attractive and competitive terms and conditions, as well as providing the flexibility to respond to changing market and student demands. These include an increase in the spread of hours, changes to annual leave planning, and a review of employment ratios.

In-principle agreements

Family Violence Leave of five days

First aid officer allowance

Simplification of the ‘Individual Flexibility Agreement’ clause

Improvements to the Personal Leave clause - providing clarity and a fairer accrual process

Specific provision for leave without pay

Methodology used to determine employment ratios within MUELC and Diploma programs

Currently in discussion

Annual leave planning clause, with the aim of maximising the taking of leave during low seasons or non-teaching periods.

Improving job security. Options being investigated include an annualised hours model of employment for MUELC teachers, revisions to the consultation and change clause, and a review of existing redundancy pay entitlements.

Increased spread of hours to 8am-9pm Monday to Friday, and 8am-5pm on Saturday. This will provide flexibility for staff and enable the College to respond to market changes and student demands.

Progress to date

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Enhanced professional development

Monash College proposes measures to promote teaching and learning excellence through career and professional development. Our commitment to career and professional development: • Recognises experience and proficiency• Creates stronger links between professional

learning and performance review processes• Provides greater clarity about required

capabilities and role expectations • Invests in staff skills development.

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In-principle agreements

Study assistance framework that supports staff accessing leave and financial assistance to undertake further study (including blocks of leave)

Requirement that staff undertake training on workplace diversity and the operations of the Enterprise Agreement

Changes to the Career Break Leave clause supporting requests from employees to further enhance their professional and personal development

Currently in discussion

Professional development framework and professional development clause: establishment of a professional development fund and an Employee Advisory Group that reports into the Company Consultative Committee on a regular basis

Monash College supporting teachers to complete Masters of Teaching qualifications

Classification structures for MUELC, ELICOS teachers, IELTS roles and Diploma teachers. Discussion has included: • Clarity of the required capabilities

and role expectations at each classification level

• Recognising levels of experience and proficiency

• Ensuring that all current roles are reflected and appropriate rates defined in the relevant schedules

• Incorporating the current Diplomas leadership structure into the new agreement

• Defining the parameters of a review of classification structures for the Diploma program

• IELTS schedule has been reviewed and all relevant roles have been identified.

Classification structure for MUELC is well progressed

Yet to be discussed

Classification structures for General and PPA staff

Progress to date

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Efficient processes and procedures

Monash College proposes measures to provide greater clarity regarding processes and procedures. Where appropriate, this may include removing excessive detail and prescriptive provisions, replacing them with more concise principles based on procedural fairness and natural justice. The areas include: • Processes to address unsatisfactory

performance and misconduct• Administrative arrangements for the

employment of casual and sessional staff• Management of teaching time and

professional development activities• Management of other provisions around

teaching loads and time off• Greater clarity about required capabilities

and role expectations

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In-principle agreements

Managing performance and misconduct clauses - the new clauses will provide management and staff with clear processes that ensure procedural fairness

The structure of work for IELTS staff in respect to the timing of meal breaks

Workload management framework to be used when determining appropriate workloads

Amendments to the Parental Leave clause including:• Personal leave being made

available for caring responsibilities related to the child during unpaid Parental Leave (currently not available)

• A clear process for how public holidays and ‘worked public holidays’ are dealt with during Parental Leave

• A mechanism to review Parental Leave provisions available under the clause if the Commonwealth Government introduces changes to the statutory paid parental leave scheme

Except that, agreement has not as yet been reached regarding the process to manage a subsequent period of paid Parental Leave within 12 months of returning from a period of Parental Leave, where an employee has less than five years of continuous service.

Currently in discussion

Discussions have recently commenced in relation to Diplomas face-to-face teaching hours .

MUELC nine-term teaching model:

This proposal has been developed to provide teachers with the opportunity to recharge and to provide common time off to engage in professional development activities. • Face-to-face teaching hours

would be 840 annually• Teachers would be provided

with five additional weeks of non-teaching, consisting of two weeks annual leave and three weeks of structured professional development.

MUELC staff provided positive feedback via a survey and focus groups.

Simplifying the engagement process for sessional and casual Employees and streamlining overtime and penalty rates clauses.

Progress to date

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Monash College proposes measures designed to simplify and clarify the language of the Enterprise Agreement and to eliminate ambiguities and anomalies so that every staff member can understand the conditions of their employment.

Language that everyone can understand

In-principle agreements

Redrafted Long Service Leave clause, including simplified recognition of prior service process.

Providing greater clarity regarding the following clauses:• Voluntary reduced working year• Superannuation• Public holidays• Personal leave

Agreed revisions to the compassionate and bereavement leave clause, simplifying language and providing greater flexibility regarding evidentiary requirements.

Expansion of the new salary packaging facility to include casual and sessional Employees, and Employees on contracts of

12 months or less, for superannuation and reimbursable items.

Currently in discussion

Revisions to the travel clause to change current references from ‘campus’ to ‘work location’ to better reflect our evolving business, exclude sessional and casual employees being attached to a designated work location and streamline language to make the clause easier to understand

Progress to date

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P 99058750 | E monashcollegeeba@mpcl.edu.au | W intranet.mcpl.monash.edu.au/hr/employment-relations

Keep in the loop

Stay up-to-dateWe’ll regularly update you on how the bargaining is progressing. We’ll provide you with regular updates via the regular communications channels.

These include email, staff briefings, eNews and The Buzz.

Have your sayWe’ll listen to your feedback and take it into account during the bargaining. Your opinion matters, so tell us what you think.

How to have your sayYou can have your say by emailing us or submitting a comment via the Monash College EBA website (details below). We will also invite you to participate in surveys and focus groups.

Speak to your managersThey will pass on your views to the enterprise bargaining team.

Got a question?Ask your manager. They will be able to answer many of your questions. If they are not sure, they will find out and get back to you.