Questions and Answers about the HEWRRs

 

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Questions and Answers about the HEWRRs

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Questions and Answers

Human Resources will be adding further questions and answers as they are received at HEWRRs@usc.edu.au. Staff are strongly encouraged to email any questions to enable information sharing and to address any concerns with all staff.

What is the full title of the HEWRRs?

The Higher Education Workplace Relations Requirements.

What amount of funding is linked to compliance with the HEWRRs?

The Federal Government is providing additional Commonwealth Grant Scheme (CGS) funding to all universities who meet the HEWRRs and the existing National Governance Protocols. The amounts available are, in 2006, 5 percent of the base CGS funds, and in 2007 and any later years, 7.5 percent of the base CGS funds. For the University of the Sunshine Coast this is estimated to be worth approximately A$3 million.

These amounts are not cumulative, and there will be no retrospective increases in basic grant amounts. This means that if the University succeeds in meeting the HEWRRs and the National Governance Protocols in 2005 and receives the increase to our basic grant amount in 2006 but then cannot, for whatever reason, continue to meet the requirements in 2006, an increase in basic grant amount will not be approved for 2007. The same principle will apply with respect to later years.

Compliance for each year's additional funding is dependent on compliance with the HEWRRs and the National Governance Protocols.

What areas do the HEWRRs cover?

The government has put forward the view that the HEWRRs are designed to provide staff members with greater choice and universities with more flexibility, so that universities can attract and retain the best staff. The HEWRRs emphasise five areas:

1. choice in agreement making
2. direct relationship with employees
3. workplace flexibility
4. productivity and performance
5. freedom of association

HEWRR 1 - Choice in Agreement Making

What is an Australian Workplace Agreement (AWA)?

An Australian Workplace Agreement (AWA) is an individually written agreement between the employer and employee about the terms and conditions of employment. An AWA is an individual agreement, unlike a Certified Agreement (CA) or Enterprise Bargaining Agreement (EBA), which are collective agreements.

When will AWAs be offered to staff?

The HEWRRs require the University to provide staff with genuine choice and flexibility in agreement making by offering AWAs to all new staff employed after 29 April 2005 and to all current staff by 31 August 2006. Until 30 June 2006, universities are exempt from offering AWAs to casual staff engaged for a period of less than one month.

At the additional CGS funding submission each year, the Vice-Chancellor will be required to attest that all new staff were provided with a genuine choice. In doing so, the Vice-Chancellor is confirming that all eligible staff were made an AWA offer.

Will I be forced to sign an AWA to keep my position at the University?

No staff members will be forced to sign an AWA. The HEWRRs require the University to offer AWAs to staff. All staff will have the choice to accept or decline an AWA offer. The Workplace Relations Act 1996 requires that there must be genuine consent by staff to making an AWA and there can be no duress to either party to sign an AWA.

Are there targets or a quota on the number of AWAs that need to be signed at the University?

No.

What is a Certified Agreement and how does this differ from an Enterprise Bargaining Agreement?

A Certified Agreement is a collective agreement made with the staff of the University. An Enterprise Bargaining Agreement is also a collective agreement, but historically has been made in agreement with staff representatives - the NTEU at the University of the Sunshine Coast.

What happens to collective agreements (CAs and EBAs)?

The HEWRRs do not prevent university staff from being covered by a certified agreement. If a university has a certified agreement in place, staff may choose to be covered by this agreement. The HEWRRs simply provide for staff being able to have genuine choice in agreements through offering AWAs as an alternative.

HEWRR 2 - Direct Relationships with Employees

What is 'direct consultation'?

The HEWRRs require direct consultation between the University and staff. The involvement of third parties representing staff can only occur where an affected staff member requests it.

Is union membership on committees banned under the HEWRRs?

No, union representation on committees is not disallowed within the HEWRRs. The HEWRRs require committee arrangements to be complemented by staff representatives who have been elected by staff to represent all staff, regardless of whether they are not, or are, union members.

HEWRR 3 - Workplace Flexibility

What does 'simple, flexible and principle based' mean for workplace agreements?

Simple, flexible and principle-based workplace agreements should contain essential, relevant information and avoid excessive detail and prescription. This applies equally to collective (certified agreements) and individual agreements (AWAs).

Detailed processes for managing provisions of agreements can be contained in separate guidelines and policies, which are outside the principles-based agreement. For example, extensive provisions on allowances or performance management processes can be detailed outside an agreement in guidelines.

HEWRR 4 - Productivity and Performance

What is meant by rewarding high achieving staff? Does the University's promotions processes meet this requirement?

The HEWRRs require the University's workplace agreements, policies and practices to include a fair and transparent performance management scheme which rewards high performing individual staff. This means that it must be clear as to how different performance levels are determined and how each will be rewarded. Rewards for high performance may not necessarily be limited to promotions. For example there may be instances where staff are high performing but are not eligible for promotion.

HEWRR 5 - Freedom of Association

Do the HEWRRs prevent the University from allowing the NTEU use of University facilities?

The HEWRRs state that universities must not use Commonwealth Grant Scheme funds to pay union staff salaries, or fund union facilities and activities. Union facilities are defined as those which are dedicated for union use only. Under the HEWRRs, universities are not prohibited from allowing unions to use their facilities, eg meeting rooms, as long as the right of entry provisions in the Workplace Relations Act have been satisfied, the facilities are not solely used for this purpose, and the facilities are also available to staff representatives who may not necessarily be members of a union.

Are unions still able to represent me?

Yes. The Workplace Relations Act provides for staff to choose whether or not they want to belong to a union. This Act also provides that staff must not be subject to any victimisation or discrimination on the grounds that they are, or are not, a member of a union. The HEWRRs provide university staff with the choice to retain access to union representation, to access alternate representation, or not to be represented at all.

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More Information

If you have a question that is not covered above, please email directly to Human Resources at HEWRRs@usc.edu.au.

The following links may provide further information:

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