Joint Media Release
MINISTER FOR MINISTER FOR Employment
FURTHER FLEXIBILITY TO ASSIST UNIVERSITIES ATTRACT AND RETAIN OUTSTANDING STAFF
16 June 2005 MIN 1131/05
In a joint statement today, Ministers Nelson and Andrews have announced further enhancements to the Higher Education Workplace Relations Requirements (HEWRRs), launched in April this year.
“These changes will expedite the necessary workplace reform to ensure that universities can become more competitive nationally and internationally and offer career opportunities to attract, retain and reward the best people," Dr Nelson said.
“One of the improvements is that universities will have an additional two months this year in which to achieve compliance with the HEWRRs. The Australian Government has agreed to extend the deadline from 30 September 2005 to 30 November 2005,” Minister Andrews said.
The Australian Government has also announced it will relax the requirement to offer Australian Workplace Agreements (AWAs), to new casual employees engaged for a period of less than one month, until 30 June 2006. This will allow universities to focus on the initial implementation of the HEWRRs.
The HEWRRs cover choice in agreement making, direct relationships with employees, workplace flexibility, workplace productivity and performance, and freedom of association.
The Government remains firmly committed to ongoing workplace reform in sector and the wider Australian workforce. University staff should be offered the same opportunities as those available to other workers with every staff member free to choose their employment arrangement.
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.
A copy of the revised HEWRRs is attached.
Further information can be obtained from www.dest.gov.au/sectors/higher_education/default.htm
Media contacts:
Dr Nelson’s Office: Yaron Finkelstein 0414 927 663
Mr Andrews Office: Russ Street 0417 044 712
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 collective and individual workplace 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 Agreement(s)[1] as at 29 April 2005.
CGS Funding Increase – 2006
HEPs Existing Agreement(s)2 as at 29 April 2005 with NED on or before 30 September 2005
The HEP must have in place, by 30 November 2005, a certified agreement(s) and workplace policies and practices that comply with the HEWRRs.
HEPs Existing Agreement(s)2 as at 29 April 2005 with NED on or after 1 October 2005
The HEP must have in place, by 30 November 2005, 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 Agreement(s)2 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), individual agreements 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 November 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)
1. 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. Until 30 June 2006, HEPs are exempt from offering AWAs to casual employees engaged for a period of less than one month.
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.
2. 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.
3. 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.
4. 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.
5. 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.
[1] “Existing Agreement(s)” are collective agreement(s) that have been subject to a concluded ballot as at 29 April 2005 and have subsequently been certified by the AIRC.
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