2.5 Union Representation
Note: This agreement is to be read together with an undertaking given by the employer. The undertaking is taken to be a term of the agreement.
Undertakings - Macquarie University Academic Staff Enterprise Agreement 2014
Macquarie University (University) undertakes, while the Agreement is in operation, the following:
1. Clause 2.5.11 - Deduction of Union Dues
The University undertakes to require that a Staff Member provide a written authorisation for the deduction of union dues and levies from salary under clause 2.5.11.
2. Clause 3.3.1 - Backpayments
The University undertakes to make a payment of backpay of the 3% salary increase from 20 March 2014 to current Staff Members employed as at the commencement of the Agreement in the first payrun following the commencement of the Agreement.
3. Clause 3.6.60 - Redundancy Payments Below NES Scale in some circumstances
Where clause 3.6.60 provides for a severance payment which is lower than the NES requires in any particular circumstances, the University will pay the severance payment required by the NES in satisfaction of the Staff Members entitlement to a severance payment under both the NES and clause 3.6.60.
4. Clause 4.1.10 - Cashing Out of Annual Leave
Without affecting clause 4.1.11, the University undertakes that it will never agree to the cashing out of annual leave under clauses 4.1.10 to 4.1.12 of the Agreement if the cashing out would result in the Staff Member's remaining accrued entitlement to paid annual leave being less than 4 weeks.
The University undertakes it will not agree to the cashing out of annual leave under clauses 4.1.10 to 4.1.12 of the Agreement unless the cashing out of the particular amount of paid annual leave is by a separate agreement in writing between the University and the Staff Member.
5. Clause 4.1.14 - Payment in lieu of annual leave
The University will pay an employee their untaken paid annual leave on termination of employment as required by section 90(2) of the Fair Work Act 2009, as amended or replaced.
6. Clause 4.1.25(c)(ii) - Compassionate or bereavement leave
The University undertakes to extend to bereavement leave under clause 4.1.25(c)(ii) to the sibling of a Staff Member's defacto partner (including same sex defacto partners).The University undertakes that it will not deduct leave taken under clause 4.1.25(c)(ii) from personal leave accrued under the NES.
7. Clause 4.1.60(a) - Return from parental leave
The University undertakes not to apply clause 4.1.60(a).
8. Clause 4.12.8 - Suspension without pay
The Vice Chancellor will only exercise the power to suspend without pay in the case of possible Serious Misconduct and the University will - if no Serious Misconduct is found - pay the Staff Member their salary foregone during the period of unpaid suspension.
9. Clause 6.2.6 - Payment of Long Service Leave on Voluntary Redundancy
The University undertakes to pay an employee their long service leave entitlement payable under the Long Service Leave Act 1955, as amended or replaced, where that payment exceeds the amount payable under the Agreement. Such a payment is paid in satisfaction of the Staff Members entitlement to a long service leave including under the Agreement and the Long Service Leave Act 1955
For the avoidance of doubt, all reference to provisions of legislation in these undertakings is a reference to those provisions as amended or replaced.
A copy of the Undertaking agreement can be found here.
2.5.1 The University recognises that unions are the legitimate representatives of those Staff who are their members and will provide the following support for union activities.
2.5.2 Unions may hold meetings of members on the premises of the University. Adequate notice will be given to the University of the intention to hold a Union meeting. Union meetings will be held during meal or other work breaks and may only be held during working hours if agreed between the Union and the University.
2.5.3 Subject to availability, and the negotiation of a commercial lease, the University will provide accessible on-campus office space, with reasonable facilities, for Union representatives and officials. The University will also provide access to one notice board in each University building for materials authorised by the Union.
2.5.4 A Staff Member who has been appointed as a Union representative will be allowed reasonable time to carry out responsibilities incurred as a result of the implementation of this Agreement. Staff will suffer no reduction in salary or conditions as a consequence of this time release.
2.5.5 In the interest of promoting active participation in the implementation of this Agreement and the processes of the Macquarie University Consultative Committee, the University agrees to provide 20% time release to the Branch President of the NTEU Branch or nominated delegate, on the condition that the President not access time release under any other industrial instrument.
2.5.6 The Union Branch President who has been granted time release will be considered on duty for that time and will not be disadvantaged as a result.
2.5.7 A Union representative will be considered to be on duty where he/she is required to attend an industrial tribunal as a participant or witness where the University is a party to the proceedings.
Leave to Attend Trade Union Courses
2.5.8 The University will grant the NTEU up to thirty (30) days of paid leave per year for Staff nominated by the NTEU Branch President to attend trade union training courses and conferences. Leave will be granted on the basis that a nominated Staff Member will not take more than 2 consecutive days within a limit of 5 days per calendar year. Such leave will count as service for all purposes and will be provided on the basis that the nominated Staff Members do not access leave under any other industrial instrument.
Secondment to Unions
2.5.9 The University may agree to the secondment of a Staff Member to the Staff Member's Union for up to 6 months in the first instance, and if agreed, for a further period of up to 12 months. The Union is required to meet all costs of the secondment, including salary, superannuation and salary on costs.
2.5.10 Service whilst on secondment to a union will count as continuing service for leave and incremental purposes.
Payroll Deduction of Union Dues
2.5.11 At the request of a Staff Member, the University will provide for the deduction of trade union dues and levies from salary and the forwarding of these by the University to the Union at no charge.