Higher Education Workplace Relations Requirements (HEWRRs) under the Commonwealth Grants Scheme (CGS)

To be eligible for the increase in funding under s 33-15(1)(b) of the Higher Education Support Act 2003, through the Commonwealth Grant Scheme (CGS) (7.5% in 2007 and later years), all workplace agreements, policies and practices put in place by Higher Education Providers (HEPs) must comply with the Higher Education Workplace Relations Requirements (HEWRRs) detailed below. Compliance with the HEWRRs and access to increased CGS funding is determined annually.

HEPs must comply with the HEWRRs to the satisfaction of the Minister for Education, Science and Training.

CGS Funding Increase – 2007 and later years

To qualify for the increase in CGS funding available in 2007 and later years, all workplace agreements, policies and practices HEPs have in place must comply with the HEWRRs as at 31 August of the prior year.

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.  The same HEWRRs compliance submission procedure applies to HEPs which operate as approved private providers as it does with other HEPs.

Qualifying for Increases

To qualify for a given year’s increase in CGS funding, a HEWRRs compliance declaration form signed by the Vice-Chancellor (or equivalent) of the relevant HEP as at 31 August of the relevant prior year must be submitted to the Department of Education, Science and Training (DEST). The declaration is to be accompanied by a supporting statement of HEWRRs compliance, by HEWRR number, that provides direct reference to relevant clauses and sections in workplace agreements and other relevant policies for each HEWRR, although it is not necessary to identify every clause or section in every relevant document which demonstrates compliance with the HEWRRs. HEPs must provide DEST with access to the relevant documents as requested.

Note: In 2007, providers will be asked to include information and examples that illustrate how the HEWRRs have supported workplace reform in their institutions. Details of the HEWWRs 2007 compliance assessment process are available at: www.dest.gov.au/highered/hewrrs2007

If a HEP succeeds in meeting the HEWRRs in 2007 and receives the increase in CGS funding in 2008 but then cannot, for whatever reason, continue to meet the criteria as at the CGS funding date for 2008, the increase in CGS funding will not be approved for 2009.  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.

The HEP’s certified agreements (if any), made (or varied) and certified after 29 April 2005 and before 27 March 2006, 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.

Details of the 2007 HEWRRs assessment process are available at: www.dest.gov.au/highered/hewrrs2007

This page was updated on 30 March 2007

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