Joint Media Release
MINISTER FOR EDUCATION,
SCIENCE AND TRAINING
THE HON DR BRENDAN NELSON MP |
MINISTER FOR EMPLOYMENT
AND WORKPLACE RELATIONS
THE HON KEVIN ANDREWS MP |
MODERNISING WORKPLACE RELATIONS IN OUR UNIVERSITIES
Friday April 29, 2005
New workplace arrangements for universities will provide staff with greater choice and institutions with more flexibility. This will improve the capacity of Australian institutions to be internationally competitive.
The new Higher Education Workplace Relations Requirements (HEWRRs), released today by the Minister for Employment and Workplace Relations, Kevin Andrews and the Minister for Education, Science and Training, Dr Brendan Nelson, will assist universities to become more productive, efficient, flexible and competitive.
Minister Andrews, speaking at the Australian Higher Education Industry Association's 2005 conference, told delegates that “the higher education sector is not immune from the global pressures faced by other industries” and accordingly, “ongoing workplace relations reform is needed to ensure the sector’s long term sustainability”.
“Today’s announcement is in line with the Government’s broader workplace relations reforms agenda and are designed to support a workplace relations system in the higher education sector focused on greater freedom, flexibility and individual choice.”
“What we’ve announced today will assist universities in becoming more competitive nationally and internationally and enable them to attract, retain and reward the very best people,” said Dr Nelson.
“The Australian Government provides around $8 billion a year in funding to the sector and has a responsibility to ensure these funds are expended efficiently and effectively to ensure the Australian taxpayer is getting value for money.
“It’s time that university staff are offered the same opportunities as those available to other workers. Every staff member should be free to choose their employment arrangement,” Dr Nelson said.
The HEWRRs cover choice in agreement making, direct relationships with employees, workplace flexibility, workplace productivity and performance, and freedom of association.
Universities will be required to offer all staff the choice of an Australian Workplace Agreement, and must engage in more direct relationships with their employees. Third party involvement, including union involvement in workplace relations and human resources matters, will only be at the express invitation of university employees. Money allocated to universities under the Commonwealth Grant Scheme (CGS) must be directed to provide teaching and learning and not used to subsidise union accommodation or activities.
A copy of the HEWRRs is attached. Further information can also be found at: http://www.dest.gov.au/highereducation
Media contact: Dr Nelson’s Office: Yaron Finkelstein 0414 927 663
Mr Andrews Office : Ben Davies 0412 519 888
Attachment
PROPOSED HIGHER EDUCATION WORKPLACE RELATIONS REQUIREMENTS (HEWRRs) UNDER THE COMMONWEALTH GRANTS SCHEME (CGS)
To be eligible for the increase in assistance funding under s.33-15(1)(b) of the Higher Education Support Act 2003 under the Commonwealth Grant Scheme (CGS) (5% in 2006 and 7.5% in later years) Higher Education Providers (HEPs) workplace arrangements, including agreements and workplace policies and practices, are to comply with the Higher Education Workplace Relations Requirements (HEWRRs) detailed below.
HEPs must meet the following requirements to the satisfaction of the Minister for Education, Science and Training.
The HEWRRs apply to all workplace agreements made and approved or certified after 29 April 2005.
Access to increased CGS funding is determined annually. For 2006, an important consideration will be the nominal expiry date (NED) of a HEP’s existing certified agreement(s) as at 29 April 2005.
CGS Funding Increase – 2006
HEPs Existing Agreement(s) as at 29 April 2005 with NED on or before 30 September 2005
The HEP must have in place, by 30 September 2005, a certified agreement(s) and workplace policies and practices that comply with the HEWRRs.
HEPs Existing Agreement(s) as at 29 April 2005 with NED on or after 1 October 2005
The HEP must have in place workplace policies and practices that comply with the HEWRRs, except where compliance with the HEWRRs would be directly inconsistent with the HEP’s obligations under its existing certified agreement(s) as at 29 April 2005.
CGS Funding Increase – later years
To qualify for the increase in CGS funding available in later years, HEPs must by 31 August of the year prior have in place certified agreement(s) and workplace policies and practices that comply with the HEWRRs.
Private Providers
HEPs which operate as approved private providers with funding for National Priority Places who employ all staff on individual arrangements will be assessed on the content of their workplace policies and practices, including the template for and/or common elements of their individual agreements, for compliance with the HEWRRs. HEPs will be required to comply with the HEWRRs by 30 September 2005, and by 31 August in later years, to qualify for the increase in CGS funding available in 2006, and later years respectively.
Qualifying for Increases
In order to qualify for any given year’s increase in CGS funding, submissions must be supported by a statement signed by the Vice-Chancellor of the relevant HEP at the relevant time outlining their compliance status with each of the HEWRRs. The submission must include reference to all relevant clauses and sections in workplace agreements and in other relevant documents, such as workplace policies, practices and guidelines. HEPs must provide the Department of Education, Science and Training with access to the relevant documents as requested.
If a HEP succeeds in meeting the HEWRRs in 2005 and receives the increase in CGS funding in 2006 but then cannot, for whatever reason, continue to meet the criteria as at the CGS funding date for 2006, the increase in CGS funding will not be approved for 2007. The same principle will apply with respect to later years. There will be no backdating of the additional funding.
Any statement found to be false and misleading relating to the HEP’s compliance with the requirements may result in the requirement to repay the CGS increase, or a reduction of future CGS funding, at the discretion of the Minister for Education, Science and Training.
HIGHER EDUCATION WORKPLACE RELATIONS REQUIREMENTS (HEWRRs)
- Choice in Agreement Making
The HEP 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.
- 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.
- 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.
- 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.
- 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.
|
