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Joint Media Release

MINISTER FOR EDUCATION, SCIENCE AND TRAINING THE HON DR BRENDAN NELSON MP

MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS THE HON TONY ABBOTT MP

NEW WORKPLACE RELATIONS REQUIREMENTS FOR UNIVERSITIES

22 September, 2003 MIN 467/03

A new set of workplace relations policies for Australian universities will help improve work practices throughout the higher education sector.

In return for meeting the new Higher Education Workplace Relations Requirements (HEWRR) and National Governance Protocols (NGP) universities will receive a funding increase under the Commonwealth Grant Scheme (CGS).

Announced today by the Minister for Employment and Workplace Relations, Mr Tony Abbott and Minister for Education, Science and Training, Dr Brendan Nelson, the HEWRR highlights the Australian Government’s commitment to fostering flexible and responsive work practices in universities.

“The HEWRR form part of the higher education reforms announced in this year’s budget and aim to enhance the quality and sustainability of our tertiary education system,” said Dr Nelson.

“We hope to see universities place greater emphasis on increasing workplace flexibility, improving relationships, and tailoring workplace arrangements to meet staff and university requirements,” said Mr Abbott. “All certified agreements made and certified within the higher education system after today, will need to comply with the new requirements to be eligible for additional funding. Informal workplace arrangements and practices will also have to reflect the HEWRR.”

The requirements provide employees with genuine choice about their employment arrangements by requiring that certified agreements do not prevent institutions from offering Australian Workplace Agreements to their employees.

“I recognise that universities have already made progress on these important issues and congratulate them on their efforts towards further improvements in the way the sector operates,” said Dr Nelson.

A copy of the HEWRR is attached. An information package will be sent to all Vice Chancellors detailing the new requirements.

Media contacts
Mr Abbott’s Office Andrew Simpson 0408 490 207
Dr Nelson’s Office: Yaron Finkelstein 0414 927 663

Higher Education Workplace Relations Requirements

Eligibility to increased funding under the Commonwealth Grant Scheme (CGS)

To be eligible for an increase in CGS funding, institutions will be required to comply with the Commonwealth Government’s National Governance Protocols and the Government’s Higher Education Workplace Relations Requirements.

The Higher Education Workplace Relations Requirements apply to all agreements made and certified after 22 September 2003 and informal workplace arrangements and practices operating on and after the CGS funding cut-off date.

Existing agreements are not subject to these Requirements. An agreement certified after 22 September 2003 will be treated as an existing agreement for the purposes of these Requirements where the approval/certification processes required by the Workplace Relations Act 1996 (WR Act) had commenced before 22 September 2003 and the agreement is not subsequently varied prior to certification.

The Higher Education Workplace Relations Requirements are:

1. All certified agreements made and certified after 22 September 2003 to which an institution is a party, must not preclude offering AWAs or individual contracts to any employee and are to include a clause to that effect. All certified agreements made and certified after 22 September 2003 to which an institution is a party, must expressly allow for AWAs to operate to the exclusion of the certified agreement or prevail over the terms of the certified agreement to the extent of any inconsistency. The following clause is recommended:
   
   “The university may enter into Australian Workplace Agreements (AWAs) with employees covered by this agreement. Those AWAs may either operate to the exclusion of this certified agreement or prevail over those terms to the extent of any inconsistency, as specified in each AWA”
   
   
2. Institutions must manage their workplace relations consistent with the WR Act and promote workplace reform by ensuring all agreements, made and certified or approved after 22 September 2003, and informal workplace arrangements and practices operating on and after the CGS funding cut-off date reflect the following criteria:

1. workplace flexibility;
2. direct relationships with employees; and
3. individual arrangements.

Institutions must comply with all elements of each criteria as outlined below.

1 - Workplace Flexibility

Workplace agreements are to facilitate fair and flexible arrangements that benefit both employers and employees and which are tailored to the needs of the workplace.

2 - Direct Relationships with Employees

The development of more direct employee-employer relationships is a central element of the Government’s workplace relations policies. Consistent with this objective, higher education agreements and workplace arrangements and practices must not provide scope for the automatic involvement of third parties and must promote freedom of association.

3 - Individual Arrangements

The WR Act has as one of its principal objects the provision of choice for employees and employers regarding the most appropriate form of agreement for their particular circumstances. The preclusion of individual arrangements is contrary to that object and denies both employers and employees the capacity to tailor agreements to their particular needs. It also inhibits the development of a more direct employee-employer relationship.

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