James Cook University Enterprise Agreement 2022

Fair Work Act 2009

s.185—Enterprise agreement

James Cook University

(AG2023/2197)

JAMES COOK UNIVERSITY ENTERPRISE AGREEMENT 2022.

Educational services

COMMISSIONER SPENCER

BRISBANE, 31 JULY 2023

Application for approval of the James Cook University Enterprise Agreement 2022.

[1] An application has been made for approval of an enterprise agreement known as the

James Cook University Enterprise Agreement 2022 (the Agreement). The application was made

pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by James Cook

University (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as

are relevant to this application for approval have been met.

[3] The National Tertiary Education Union (NTEU) and the Communications, Electrical,

Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(CEPU) being bargaining representatives for the Agreement, have given notice under section

183 of the Act that they want the Agreement to cover them. In accordance with section 201(2)

I note that the Agreement covers the NTEU and the CEPU.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate

from 7 August 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2023] FWCA 2369

DECISION

James Cook University

Enterprise Agreement 2022

2 James Cook University Enterprise Agreement 2022

Table of Contents

Part A – About this Agreement ..................................................................................................................................... 4

Title ................................................................................................................................................................ 4

Coverage ....................................................................................................................................................... 4

Nominal Expiry Date...................................................................................................................................... 4

Operation of the Agreement .......................................................................................................................... 4

No Extra Claims ............................................................................................................................................ 5

Definitions ...................................................................................................................................................... 5

Employment of Aboriginal and/or Torres Strait Islander Peoples ................................................................. 7

Union Rights .................................................................................................................................................. 8

Joint Consultative Committee ....................................................................................................................... 8

10.

Academic Freedom ....................................................................................................................................... 8

11.

Transitional Arrangements ............................................................................................................................ 9

12.

Internal Advertisement Requirements – Professional and Technical Staff ................................................... 9

Part B – Employment Arrangements .......................................................................................................................... 10

13.

Types and Modes of Employment ............................................................................................................... 10

14.

Fixed-term Employment .............................................................................................................................. 10

15.

Workload Allocation - Academic Staff ......................................................................................................... 13

16.

Hours of Work Professional and Technical Staff ........................................................................................ 17

17.

Hours of Work Casual ................................................................................................................................. 20

18.

Conversion .................................................................................................................................................. 20

19.

Casual Employment .................................................................................................................................... 22

20.

Shift Work .................................................................................................................................................... 22

21.

Remuneration .............................................................................................................................................. 23

22.

Recovery of Overpayments ......................................................................................................................... 24

23.

Superannuation ........................................................................................................................................... 24

24.

Overtime and TOIL ...................................................................................................................................... 25

25.

Professional and Technical Staff Loading for Academic Work ................................................................... 2 7

26.

Individual Flexibility Agreement ................................................................................................................... 28

27.

Requests for Flexible Work Arrangements ................................................................................................. 29

28.

Role Profiles, Classification and Evaluation ................................................................................................ 30

29.

Special Studies Program ............................................................................................................................. 31

30.

Notice Period ............................................................................................................................................... 31

Part C – Performance Development and Management.............................................................................................. 33

31.

Probation ..................................................................................................................................................... 33

32.

Performance Development and Planning ................................................................................................... 34

33.

Managing Underperformance ..................................................................................................................... 35

Part D – Leave Matters ............................................................................................................................................... 37

34.

Annual Leave .............................................................................................................................................. 37

35.

Christmas Closure ....................................................................................................................................... 38

36.

Personal and Carer’s Leave ........................................................................................................................ 39

37.

Compassionate Leave................................................................................................................................. 40

38.

Domestic and Family Violence Leave ......................................................................................................... 40

James Cook University Enterprise Agreement 2022 3

39.

Gender Affirmation Leave ........................................................................................................................... 41

40.

Long Service Leave..................................................................................................................................... 41

41.

Parental Leave ............................................................................................................................................ 43

41.1

General Principles ....................................................................................................................................... 43

42.

Other Leave ................................................................................................................................................. 47

43.

Leave without Pay ....................................................................................................................................... 49

44.

Public Holidays ............................................................................................................................................ 49

Part E – Consultation and Change ............................................................................................................................. 51

45.

Change Management and Consultation...................................................................................................... 51

46.

Redeployment and Redundancy ................................................................................................................. 54

Part F – Conduct and Disputes ................................................................................................................................... 58

47.

Dispute Resolution ...................................................................................................................................... 58

48.

Resolution of Grievances ............................................................................................................................ 59

49.

Abandonment of Employment ..................................................................................................................... 59

50.

Misconduct/Serious Misconduct .................................................................................................................. 60

51.

Managing Ill Health and Injury ..................................................................................................................... 63

Schedule 1 Salaries .................................................................................................................................................... 65

Schedule 2 Loadings and Allowances ........................................................................................................................ 73

Schedule 3 Senior Staff .............................................................................................................................................. 78

Schedule 4 Classification Descriptors Professional and Technical Staff ................................................................... 79

Schedule 5 Classification Standards for Academic Levels ...................................................................................... 106

Schedule 6 Field Stations ......................................................................................................................................... 121

Schedule 7 Recruitment, Engagement and Marketing Activities .............................................................................. 123

4 James Cook University Enterprise Agreement 2022

Part A – About this Agreement

Title

This Agreement will be known as the James Cook University Enterprise Agreement 2022.

Coverage

(a) This Agreement will cover:

(i) James Cook University (the University); and

(ii) All Staff Members.

(b) Staff defined as the Senior Staff should refer to Schedule 3.

(i) James Cook University; and

(ii) National Tertiary Education Union; and

(iii) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and

Allied Services Union of Australia; and

Nominal Expiry Date

(a) This Agreement will come into operation and take effect 7 days after the date it is approved

by the Fair Work Commission and will expire on 31 December 2025.

(b) Upon the expiry date, this Agreement will continue until it is replaced by a new Agreement or

terminated in accordance with the Fair Work Act.

after the nominal expiry of this Agreement.

Operation of the Agreement

(a) This Agreement will be read and interpreted in conjunction with the National Employment

Standards (NES). Where there is inconsistency between this Agreement and the NES, and

the NES provides greater benefit, the NES provision will apply to the extent of the

inconsistency.

(b) This Agreement constitutes a comprehensive and closed agreement and operates to the

exclusion of, and wholly replaces, any existing enterprise agreements, awards or future

awards which may otherwise, but for this clause, apply to those Staff whose employment

falls within the scope of this Agreement.

or provide Staff benefits, conditions of employment or entitlements are not incorporated into

nor form part of this Agreement and may be made or varied from time to time, following

consultation with the Joint Consultative Committee (JCC).

(d) If there is any inconsistency between guidelines or policies and the express terms of this

Agreement, the express terms of this Agreement will apply.

James Cook University Enterprise Agreement 2022 5

No Extra Claims

From the commencement of this Agreement, the University and its Staff covered by this Agreement

shall not pursue further claims for terms and conditions of employment that would have effect of

changing the terms and conditions during the period of operation of this Agreement.

Definitions

Aboriginal and/or Torres Strait Islander Person means a person of Aboriginal and/or Torres Strait

Islander descent who identifies as an Aboriginal and/or Torres Strait Islander person and who is

accepted as such by their Aboriginal and/or Torres Strait Islander community.

Academic Staff means a Staff Member engaged to undertake paid teaching, research and related

duties as envisaged in the Position Classification Standards for Academic Staff in Schedule 5.

Academic Staff includes Casual Academic Staff engaged to undertake duties set out in Schedule 1,

Part 3.

Agreement means the James Cook University Enterprise Agreement 2022.

Clinical Loading is payable to Academic Staff who are required by the University to be clinically

active and are qualified medical, dental and veterinary practitioners as required by the appropriate

jurisdiction in Australia or Queensland.

Consultation means the conferring (including the provision of relevant and appropriate information),

between the University, Staff and the unions that negotiated this Agreement, in such a way that the

participants would have the opportunity to contribute to and influence the decision-making process.

Consultation does not mean having to reach agreement.

Disciplinary Action means action by the University to discipline a Staff Member in matters of

Misconduct or Serious Misconduct and may include:

(a) formal censure;

(b) demotion by one or more classification levels or increments;

(d) suspension with or without pay;

(e) termination of employment.

Termination of employment can only be used in the event of proven Serious Misconduct.

Fair Work Act means the Fair Work Act 2009 (Cth), as amended from time to time.

Fair Work Regulations means the Fair Work Regulations 2009 (Cth), as amended from time to time.

Family includes a partner (including a former partner, a de facto partner, a former de facto partner of

same or opposite sex) of the Staff Member, and a child (including an adult child, an adopted child, a

foster child and a step child), a parent, grandparent, grandchild or sibling of the Staff Member or

spouse of the Staff Member, and any other person or relationship agreed by the University as being a

family member.

Grievance is a real or perceived problem or concern raised by a Staff Member against a process,

action, omission or decision, within the responsibility and control of JCU, which relates to employment

or internal HR or related matters.

Head of Work Unit means the manager of a Division, College, Institute, Centre, Directorate or any

successor structure. A Head of Work Unit would be a Staff Member in one of the following roles:

Dean, Director, DVC, or Vice Chancellor.

6 James Cook University Enterprise Agreement 2022

Joint Consultative Committee is comprised of:

(a) 4 Staff Members of the University elected by and from all Staff of the University covered by

this Agreement;

(b) 6 nominees of the unions who negotiated this Agreement; and

Locality Allowance means an allowance which is payable for the increased cost of living, climatic

conditions and isolation in respect of specified locations in North Queensland.

Misconduct is conduct which is not Serious Misconduct but is nonetheless conduct which is improper

or inconsistent with the Staff Member's duties or responsibilities. Misconduct may give rise to

Disciplinary Action, but will not result in the termination of the employment of the Staff Member.

NES means the National Employment Standards located in Chapter 2 of the Fair Work Act.

Ordinary Rate of Pay means the rate payable to the Staff Member for their ordinary hours

of work, but does not include incentive-based payments and bonuses, loadings, monetary

allowances, overtime and penalty rates, or any other separately identifiable amounts.

Professional and Technical Staff means a Staff Member engaged to undertake paid administrative,

professional, technical or service activities as envisaged in the Classification Descriptors Professional

and Technical Staff in Schedule 4.

Research Support Staff means a Staff Member engaged to undertake professional or technical

activities that support the dedicated research activities of the University and are envisaged in the

Research Worker Classification Descriptors in Schedule 4.

Senior Staff means an Academic Staff Member employed as a Head of Work Unit or a more senior

position, or a Professional and Technical Staff Member employed at HEW level 10C or above.

Serious Misconduct is:

(a) Serious misconduct as defined by the Fair Work Regulations 2009 (Cth), as amended from

time to time; or

(b) Any serious breach of the James Cook University Staff Code of Conduct; or

Research; or

(d) Corrupt Conduct as defined by the Crime and Corruption Act 2001 (Qld), as amended from

time to time.

Seven-Day Shift Worker means, for the purpose of the additional week of leave provided by the

NES, a 7-day shift worker who is regularly rostered to work on Sundays and public holidays in an

institution in which shifts are continuously rostered 24 hours a day 7 days a week.

Staff or Staff Member/s means the employees covered by this Agreement.

Support Person and/or Representative means:

(a) A Staff Member, or

(b) A delegate or Staff Member of a union that negotiated this Agreement; and

Supervisor means the person who immediately directs and oversees the work

of a Staff Member or

their work.

James Cook University Enterprise Agreement 2022 7

University means James Cook University, the employer of the Staff covered by this Agreement.

Work Unit means Division, College, Institute, Centre, Directorate or any successor structure as

determined by the University.

Employment of Aboriginal and/or Torres Strait Islander Peoples

The University has a comprehensive Workforce Strategy to increase the number of Aboriginal and/or

Torres Strait Islander Staff in both Professional and Technical and Academic roles proportionately

across all areas of the University as part of its Reconciliation Action Plan.

7.1 Target

(a) The University commits to achieving representation of Aboriginal and Torres Strait Islander

peoples within its workforce staffing profile at levels commensurate with the Aboriginal and

Torres Strait Islander demographics within the communities that it serves.

(b) The University’s target is to increase the employment of Aboriginal and/or Torres Strait

Islander peoples to 4.68% of Staff (excluding casuals) or at least 83 FTE by the nominal

expiry of this Agreement.

of Aboriginal and Torres Strait Islander employees.

(d) Where it becomes apparent to the University or the unions that negotiated this agreement

that the target is not likely to be achieved, they will then agree to a course of action that will

allow the University to work towards meeting its obligations under this clause including

consideration of an extension to the timeframe in which the increase to the target is to occur.

(e) The full implementation of any measures agreed by the University and the unions who

negotiated this agreement shall be taken as compliance even if the target is not met.

7.2 Identified Aboriginal and/or Torres Strait Islander positions

(a) When being an Aboriginal and/or Torres Strait Islander is an attribute that is a genuine

occupational requirement of a role, the position will be filled by a suitably qualified Aboriginal

and/or Torres Strait Islander person who meets the selection criteria for the position.

(b) Where suitably qualified panel members are available, selection committees for such

Aboriginal and/or Torres Strait Islander positions will include at least 50% Aboriginal and/or

Torres Strait Islander members.

and/or Torres Strait Islander peoples.

7.3 Community Language Allowance

Aboriginal and/or Torres Strait Islander peoples required to undertake duties for the University on a

regular basis in Aboriginal and/or Torres Strait Islander languages will be paid an allowance as per

Schedule 2 Loadings and Allowances.

7.4 Cultural Duties to be included in workload allocations

An Aboriginal and/or Torres Strait Islander Staff Member who is required by the University to perform

cultural duties as part of their role will have these duties recognised in their workload.

8 James Cook University Enterprise Agreement 2022

Union Rights

(a) The University shall provide to Staff Members information about becoming a member of the

unions who were involved in the negotiation of this Agreement as described in Clause 2(c).

(b) A Staff Member who has been appointed as a union workplace representative or delegate

may negotiate with their Head of Work Unit for reasonable time off during work hours for the

conduct of union business.

Joint Consultative Committee

(a) The University will maintain the Joint Consultative Committee (JCC) chaired by a

representative of the Vice Chancellor, and comprising representatives of:

(i) Staff;

(ii) The unions that negotiated this Agreement; and

(iii) Management.

(b) The JCC will have responsibility for monitoring the implementation of this Agreement with

respect to Staff covered by this Agreement.

will be agreed by the members of the JCC.

(d) The University will recognise the duties of JCC representatives as part of their workload and

provide Staff representatives with reasonable facilities to undertake their consultative and

representative duties.

10.

Academic Freedom

(a) The University and all Staff are committed to recognising academic freedom as both a

defining feature of, and fundamental to, the operation of the University.

(b) The University will maintain a scholarly working environment which upholds free enquiry in

the creation, preservation, communication and application of knowledge, and recognition of

the moral rights of all Staff including the rights of creators of online teaching and learning

materials.

(i) teach, discuss, and research and to disseminate and publish the results of their

research;

(ii) engage in intellectual inquiry, to express their opinions and beliefs, and to

contribute to public debate, within their area of professional expertise;

(iii) express their opinions in relation to the higher education provider in which they

work; and

(iv) participate in professional or representative academic bodies.

(d) All Staff may make comment outside their areas of professional expertise as long as they do

so on their own behalf and do not claim to represent the University.

James Cook University Enterprise Agreement 2022 9

(e) Academic freedom does not include the right to harass, intimidate or vilify others (or engage

in any other conduct which is unlawful).

(f) The exercise of Academic Freedom is not Misconduct or Serious Misconduct under Clause

50 of this Agreement or under any University policy, procedure or code of conduct, nor will it

attract disciplinary action or other adverse action.

11.

Transitional Arrangements

Any matter involving a Staff Member’s conduct or performance or a dispute that commenced under

the James Cook University Enterprise Agreement 2016 and has not been finalised at the time this

Agreement commences, will continue to be managed in accordance with:

(a) Clause 33 – Managing Underperformance;

(b) Clause 45 – Change Management and Consultation;

(d) Clause 47 – Dispute Resolution; or

(e) Clause 50 – Misconduct/Serious Misconduct.

Of the James Cook University Enterprise Agreement 2016 until the matter is finalised.

12.

Internal Advertisement Requirements – Professional and Technical Staff

(a) All continuing positions and fixed-term positions greater than 12 months, at HEWL 2-5 will

normally be internally advertised on Current Vacancies for a period of at least 7 days. Where

a position is a possible redeployment opportunity this clause may not apply until the

redeployment process is complete.

(b) Where it is demonstrable that a particular specialist skill set is required, external advertising

may occur simultaneously with internal advertising.

the University’s Recruitment, Selection and Appointment Policy.

(d) Where no internal applicants are received within 7 calendar days the University may

proceed with external advertising.

10 James Cook University Enterprise Agreement 2022

Part B – Employment Arrangements

13.

Types and Modes of Employment

13.1 Employment Types

(a) Continuing Employment means employment made for an indefinite period and may

contain a reasonable probationary period. Continuing employment may be on a Full-time or

Part-time basis.

(b) Fixed-term employment means employment for a specified term. The contract of

employment will specify the start and finish date of employment or instead of a finish date,

will specify the circumstances relating to a specific task or project by which the term of

employment may expire. Clause 46, Redeployment and Redundancy does not apply to Staff

employed on a fixed-term contract of employment.

basis with no commitment to the duration of the employment or the day or days (or hours) of

work. Casual Staff will be paid a loading of 25% in lieu of benefits for which Casual Staff are

not eligible. Clause 30, Notice Period, and Clause 46, Redeployment and Redundancy, do

not apply to Casual Staff Members. Schedule 1, Part 3 applies to Casual Academic Staff.

13.2 Modes of Employment

(a) Full-time employment means hours of work that are not less than the normal weekly

ordinary hours of 36.25 hours per week for all Staff.

(b) Part-time employment means hours of work that are less than a Full-time Staff Member, for

whom entitlements are paid on a pro-rata basis to the hours worked.

13.3 Requirement to State Terms of Engagement

(a) Upon engagement, the University shall provide to the Staff Member an instrument of

appointment which stipulates the employment type, including the category for Fixed-term

Staff, the mode of employment including hours of work, the length of the probationary

period, the relevant level and pay rate, the primary place of employment, the name of the

Work Unit and the title of their Supervisor. Where a further fixed-term or casual appointment

is required, the Staff Member will be advised, in writing, of the further appointment prior to

the commencement of the fixed-term or casual appointment.

(b) When offering casual employment, the University will inform the individual receiving the offer

in writing that additional hours not contemplated by, and in excess of, the associated

working time for lectures, tutorials, music accompanying, and undergraduate clinical nurse

education will be paid the relevant casual hourly rate for Other Required Academic Duties,

subject to approval by their Supervisor.

14.

Fixed-term Employment

14.1 Categories of Fixed-term Employment

(a) The use of “Fixed-term” appointments will be limited to Senior Staff appointed in accordance

with Schedule 3 and Staff engaged in work that falls within the description of one or more of

the following reasons:

(i) Specified task or project refers to a definable task that has a start date and an

anticipated finish date.

James Cook University Enterprise Agreement 2022 11

(ii) Research appointments mean work activity by Staff engaged in research only

functions for a period not exceeding 5 years.

(iii) Externally Funded position shall mean a period of employment provided for from

identifiable external funding, not being funding that is part of an operating grant

from government or funding comprised of payments of fees made by or on behalf

of students.

(iv) Replacement Staff means a Staff Member that is replacing another Staff Member

for a definable period including but not limited to:

A. Authorised leave;

B. Secondment;

C. Higher duties; or

D. A position where a recruitment process is occurring.

(v) Transition to retirement refers to a fixed-term contract of employment that is

entered into pre-retirement for a period of up to 5 years. Transition to retirement

arrangements may include utilisation of accrued leave to maintain full-time status

while working part-time hours without reduction in superannuation benefits.

(vi) Recent professional practice appointment can be used when the curriculum

requires that work is undertaken by a person who has recent practical or

commercial experience meaning in the previous 2 years, or the previous 5 years

where the University is not the primary place of employment.

(vii) Student employment where an enrolled student may be appointed to a fixed-term

position to undertake work:

A. within the student’s academic unit; or

B. within an associated research unit; or

C. that is related to a degree course that the student is undertaking; or

D. that involves the promotion of the University,

E. provided that:

i. such a fixed-term appointment shall be for a period that does

not extend beyond, or that expires at the end of, the academic

year in which the person ceases to be a student, but includes

any period that the person is not enrolled as a student but is

still completing postgraduate work or is awaiting results; and

ii. that an offer of fixed-term appointment under this paragraph

shall not be made on the condition that the person offered the

appointment continues their study.

(viii) Unanticipated increase in enrolments refers to a fixed period of not less than 6

months and no more than 3 years from the date of the unanticipated increase in

enrolments.

(ix) Unanticipated decrease in enrolments may be used to replace a continuing

Staff Member who leaves the University where there is an unanticipated decrease

in enrolments and refers to a fixed period of not less than 6 months and no more

than 3 years from the date of the decrease in enrolments.

(x) Apprenticeship, cadetship or traineeship refers to employment by the

University pursuant to an apprenticeship or traineeship approved by the relevant

Commonwealth or State training authority, and also includes cadetships which

12 James Cook University Enterprise Agreement 2022

may be approved through schemes or initiatives promoted under Commonwealth

or State policy and/or legislation.

(xi) Organisational Change

A fixed-term contract may be offered for up to 2 years where:

A. A new organisational area is proposed to be established about which

there is operational uncertainty as to whether it will continue, or

B. An organisational work area has been the subject of a decision by the

University to discontinue that work within a specified timeframe, or

C. The process for Organisational Change has been initiated and there may

be the requirement to temporarily fill vacancies until the change is

implemented.

14.2 Extension of a fixed-term contract of employment

Where the University proposes to extend a fixed-term position to undertake the same or similar duties,

the Staff Member will be offered that further fixed-term contract providing:

(a) the duties of the position continue as they were at the date of expiry of the fixed-term

contract; and

(b) the Staff Member was initially appointed through a merit-based selection process; and

14.3 Notice upon expiry of a fixed-term appointment

(a) the University will provide 4 weeks’ written notice prior to the end of a fixed-term contract.

(b) If a Staff Member is over 45 years old and has completed at least two years of continuous

service at the time of giving notice, the Staff Member shall be entitled to an additional one

week’s notice.

14.4 Appointment Length for Research-only or Externally Funded Staff

Where the University has received in full the monies linked to a research grant or like revenue

source/s supporting research-only Staff appointments or other externally funded positions, the

University will make appointments for the duration of the grant or like revenue source/s.

14.5 Redeployment and Termination Arrangements — Introduction of Significant Change

(a) Where the University proposes to introduce a significant change that will have a significant

effect on the Staff Member, they will be consulted about such change in accordance with

Clause 45, Change Management and Consultation. Clause 46, Redeployment and

Redundancy does not apply to Staff on Fixed-term employment.

(b) Following consultation, if the contract is not required or is significantly altered by the change,

the University may:

(i) identify opportunities for redeployment, having regard to the skills, qualifications

and experience of the Staff Member and the operational needs of the University;

(ii) where possible offer a Staff Member alternative acceptable employment under a

fixed-term contract for the same or greater period of the balance of the current

term. In these circumstances the Staff Member will not be entitled to any additional

payment; or

(iii) terminate the contract. In these circumstances the Staff Member will be entitled to

payment of severance in accordance with clause 14.6(d) or the balance of the

James Cook University Enterprise Agreement 2022 13

contract, whichever is greater.

14.6 Severance Pay

(a) A Staff Member whose contract of employment is not renewed or has received notice of

termination under clause 14.5(b) will only be entitled to severance pay if:

(i) the Staff Member is employed on a second or subsequent fixed-term contract; and

(ii) the reason for the appointment was Specified Task or Project or Research

Appointment and the same or substantially similar duties are no longer required by

the University; or

(iii) Another person has been appointed, or is to be appointed, to the same or

substantially the similar duties.

(b) Where applicable, severance pay will be made within 4 weeks of the expiry of the fixed term,

unless the Staff Member is advised in writing that a further contract will be offered within six

weeks of the expiry date.

with the same or substantially similar duties, acceptable to the University and Staff Member.

(d) Severance pay entitlements will be calculated for a period of continuous service as follows:

Service Severance Pay

Less than 1 year Nil

1 year and less than 2 years 4 weeks

2 years and less than 3 years 6 weeks

3 years and less than 4 years 7 weeks

4 years and less than 5 years 8 weeks

5 years and less than 6 years 10 weeks

6 years and less than 7 years 11 weeks

7 years or over 12 weeks

(e) Severance pay will be payable at the Staff Member’s Ordinary Rate of Pay for the ordinary

hours of work, and excludes incentive-based payments and bonuses, loadings, monetary

allowances, overtime, penalty rates or any other separately identifiable payments.

14.7 Breaks in Service

(a) Breaks between fixed-term appointments of a total period of up to 12 weeks a year, will not

constitute a break in continuous service.

(b) Periods of approved unpaid leave will not count for service, but will not constitute breaks in

service for the purposes of this clause.

15.

Workload Allocation - Academic Staff

15.1 Principles

(a) Each Continuing and Fixed-Term Academic Staff Member must have a workload allocation

setting out their required work for the coming academic year.

(b) That workload allocation must be based on, and quantifiable as a number of hours of

allocated work transparently derived from, the relevant College Workload Model applicable

to that work, in accordance with the terms of this clause.

Model and workload allocation.

14 James Cook University Enterprise Agreement 2022

(d) Staff Members should not have an excessive workload.

(e) Workload allocation covers the full calendar year, not just teaching periods.

(f) The University will enable Academic Staff Members with a work profile of Teaching and

Research (including Early Career) or Research Focused to have a sustained period or

periods of non-teaching activity of up to 12 weeks per annum. This will be in addition to

opportunities to take annual leave.

(g) The allocation and management of Academic workloads will be managed in accordance with

this clause and the JCU Academic Workload Guidelines, which will not be changed without

agreement with the Joint Consultative Committee.

15.2 College Workload Model

(a) The University (through the relevant Head of Work Unit) will, in consultation with Academic

Staff of each College, develop a College Workload Model, which contains an estimate of the

time for each distinct significant type of academic work (e.g., lecture) or bundle of academic

work (e.g., marking per student) for Academic Staff within each College.

(b) The estimate of the time for each type of work accounted for in the College Workload Model

must be a fair and accurate estimate of the average time that a Staff Member would take to

perform this work to a professional standard and at a satisfactory level of performance.

For the purpose of determining a relevant “average” in this sub-clause, Staff Members may

be considered separately, in reasonably defined relevant groups, such as classification or

discipline, or Staff undertaking (or not) work at the commencement of their career.

Note: For example, the time estimate for an experienced senior academic to undertake unit

coordination maybe different for a Staff Member undertaking that work for the first time, and

therefore the estimates may vary.

Model is 36.25 hours per week multiplied by 52.178571 weeks in a year. In any calendar

year a Staff Member is entitled to the following leave to achieve work-life flexibility and to

support the health and wellbeing of Staff through taking a break from work:

(i) Annual Leave: 25 days (180 hours)

(ii) Public Holidays: approximately 10 days (72 hours)

(d) This results in a figure of 1638 hours per Staff Member per annum of Staff availability to be

managed through a College Workload Model, consistent with this clause. That figure will be

pro rata for Part-time Staff. The figure will also be pro rata for Staff Members who are not

employed for a full calendar year.

(e) Where a Staff Member has approval to carry annual leave over from one year to the next

their annual work allocation may be adjusted over the 1638 hours per annum for the year in

which they are not taking annual leave and down in the years in which they do take annual

leave.

(f) The College Workload Model must include all work required and/or directed tasks to be

undertaken by the Academic Staff Member.

(g) A College Workload Model must be consistent with the provisions of this Agreement.

(h) Each College Workload Model will consider (but not be limited to) the following broad work

and activities:

Learning and Teaching

• Course Planning and Development

• Subject Coordination/Course Coordination/Course Convenorship

James Cook University Enterprise Agreement 2022 15

• Course Teaching and Consultation/Subject Delivery

• Marking

• Learning and Teaching component of Higher Degree Research Supervision

Research and Scholarship

• Research

• Research component of Higher Degree Research Supervision

• Contributions to research outputs and their dissemination

• Grant writing

Service and Engagement

• Service to the Work Area, Division or JCU

• Leadership Role

• Service to the Community

• Service to the Academic Discipline and/or Profession

Detailed explanations of these academic work categories are set out in the JCU Academic

Workload Guidelines, which will not be changed without agreement with the Joint

Consultative Committee.

(i) Higher Degree Research Supervision will be allocated at the rate of 60 contact hours per

annum per advisory team. An advisory team cannot claim more than 60 contact hours

between them in their respective workload allocations. A Staff Member may only count a

maximum of 274 contact hours per annum for Higher Degree Research Supervision

irrespective of their work profile.

(j) Existing arrangements for the allocation of academic workload shall continue in accordance

with the provisions of the James Cook University Enterprise Agreement 2016 until such a

time as they are reviewed and updated in accordance with Clause 15.2(k) below.

(k) Any College Workload Models (however so named) in place upon approval of this

Agreement must be reviewed and updated by 30 November 2023 to ensure they comply

with the provisions of this Agreement.

(l) Each College Workload Model must subsequently be reviewed by 31 October of each year

to ensure the Model is current and complies with this clause and the Academic Workload

Guidelines. Each College Workload Model must be in place before the beginning of each

academic year.

(m) In the event of a dispute in relation to academic workload matters, a dispute may be raised

in accordance with the dispute settlement procedure contained in Clause 47 of this

Agreement.

(n) The College Workload Model and individual workload allocations made under the Model

must be accessible to all Academic Staff within the College in which the Model applies.

15.3 Individual Workload Allocation

(a) Each Staff Member will normally be covered by one (1) College Workload Model, subject to

Clause 15.3 (e), and will have their individual workload allocated in accordance with that

Model and the requirements of this Agreement.

(b) Workload allocated to Part-time Academic Staff will be on a pro-rata basis in proportion to

their fraction of employment.

secondments to a University-required special project, an academic leadership role and/or

SSP.

(d) Having regard to a Staff Member’s classification, experience and other relevant factors, the

workload allocated to or required of a Staff Member in a calendar year should not exceed

16 James Cook University Enterprise Agreement 2022

that which an average Staff Member in that Staff Member’s classification (or where relevant,

early career status) would reasonably be expected to be able to perform in 1638 hours.

(e) Each Staff Member will normally only have one work profile that determines their workload

allocation based on a College Workload Model. Fractional appointments across different

work units and secondments may have different workload models applied to different

fractions of their appointment.

(f) The following work profiles may be used (including on recruitment to a vacancy):

(i) Teaching and Research Academic: A Staff Member whose normal work profile is

balanced between teaching, research, and service and engagement.

(ii) Teaching Specialist: A Staff Member whose research/scholarship would normally

be related to their teaching practice.

(iii) Early Career Teaching and Research Academic: A Staff Member normally with

a PhD or equivalent research doctorate who is within 5 years of the start of their

academic career.

(iv) Research Focused: A Staff Member who may also supervise research students

and undertake some teaching in their discipline area.

(v) Trainee Clinical Specialist: A Staff Member who normally contributes to teaching,

research and clinical service activities while undergoing further academic study

and training in a professional clinical specialty. A Trainee Clinical Specialist will not

normally hold a PhD or equivalent research doctorate and will normally be within 5

years of the start of their career.

(vi) Clinician/Studio/Laboratory Supervision Academic: A Staff Member whose

principal contribution is through teaching in clinical environments, laboratories and

practice studios, across practice-based subjects in undergraduate and

postgraduate programs, and who does not have significant additional marking,

research or subject co-ordination duties.

(g) The workload allocated to a Staff Member must adhere to the caps contained in the

following table, based on the Staff Member’s work profile. The cap on contact hours for

Learning and Teaching are maximum amounts that operate in addition to the other

requirements of clause 15.

Learning and

Teaching

Research /

Scholarship

Service and

Engagement

Teaching & Research

Academic

30 to 50%

Max 300 contact hours

20 to 60% Up to 40%

Teaching Focused 50 to 75%

Max 500 contact hours

10 to 20% Up to 40%

Early Career

Teaching and

Research Academic

20 to 40%

Max 260 contact hours

20 to 60% Up to 40%

Research Focused Up to 20% Up to 80% Up to 40%

15.4 Clinician/Studio/Laboratory Supervision Academic

A Clinician/Studio/Laboratory Supervision Academic may only be directed to teach in the number of

subjects which allows for a fair and manageable amount of preparation and associated work time.

Their workload will include the following:

• Teaching in clinical environments, laboratories and practice studios on University campuses or

teaching sites;

James Cook University Enterprise Agreement 2022 17

• Supervising students while conducting patient/client rounds in hospitals or community-based

health services or conducting veterinary clinics.

The maximum length of any one shift for Clinician/Studio/Laboratory Supervision Academics must not

exceed 10 hours plus meal breaks. The hours of work for Clinician/Studio/Laboratory Supervision

Academics must not exceed 45 hours in any single week nor more than 145 hours in any 4-week

period. Clinician/Studio/Laboratory Supervision Academics must receive a minimum of four full days

off per fortnight.

15.5 Other Requirements

(a) A Staff Member may only be directed to co-ordinate or teach into the number of subjects

which allows for a fair and manageable amount of preparation and associated teaching

activities.

(b) A Teaching and Research Staff Member may only be required to develop 2 subjects not

previously offered by the University in any given year. A Teaching Specialist Staff Member

may only be required to develop 3 subjects not previously offered by the University in any

given year. However, a Staff Member and their Supervisor may agree that the Staff Member

can develop additional subjects new to the University as part of their allocation or as a

special project.

(paid or unpaid leave as per Clause 41.3), being a period of parental leave of more than 12

months, will have their teaching load reduced by 40 contact hours per annum (pro rata for

Part-time Staff), for the first year after returning to work.

15.6 Re-designation of work

Re-designation of the work profile of an Academic Staff Member will only occur by agreement, and

with the approval of the Head of Work Unit. Subject to the provisions of this clause, a Staff Member

may agree, for a specified period, to change work profiles.

15.7 Academic Work

(a) Detailed explanations of types of academic work are set out in the Academic Workload

Guidelines.

(b) Academic workload includes all specifically allocated or required duties, work or tasks, plus

any duties or work required to meet the performance expectations of the University.

professional programs taught will be at least the same as for an equivalent subject taught

through face-to-face methods. Where contact is delivered through online delivery, and the

delivery is via recorded medium, contact hours will be counted for the development of the

recording and not the delivery to students.

16.

Hours of Work Professional and Technical Staff

16.1 Ordinary Hours of Work

The University will, as far as possible, ensure Staff are allocated workloads that can reasonably be

undertaken within their ordinary hours of work to ensure a healthy work/life balance, and will also take

into account the caring responsibilities of Staff Members in requiring a Staff Member to work after 6:00

pm.

18 James Cook University Enterprise Agreement 2022

Category of

Staff Member

Span of Hours Pattern of Ordinary Hours

Full-time Staff

(unless

specified

below)

8:00 am – 7:00 pm

Monday to Friday

Ordinary hours not to exceed 7 ¼ hours in any day or

more than 36 ¼ hours in any week unless part of agreed

flexible hours arrangement.

Ordinary hours worked between 6:00 pm & 7:00 pm

on Monday –

Friday will include a 50% loading rate.

Part-time Staff 8:00 am - 7:00 pm

Monday to Friday

Ordinary hours as agreed between the Staff Member

and their Supervisor.

Ordinary hours may be varied by mutual agreement

between the Staff Member and their Supervisor.

Ordinary hours worked between 6:00 pm & 7:00 pm on

Monday –

Friday will include a 50% loading rate.

Marketing,

Engagement &

Recruitment

8:00 am-7:00 pm

Monday to Friday

Ordinary hours not to exceed 7 ¼ hours in any day or

145 in any 4 consecutive weeks except by mutual

agreement between a Staff Member and their

Supervisor.

Ordinary hours worked between 6:00 pm & 7:00 pm on

Monday – Friday will include a 50% loading rate.

Staff engaged

in International

Recruitment

When travelling outside of Australia, Staff will as far as

practicable schedule their work activities, so they do not

exceed 36.25 hours of work in a seven-day consecutive

period.

Security Staff 6:00 am-6:00 pm

Monday-Sunday

Ordinary hours not to exceed 8 hours in any day or 145

in any 4 consecutive weeks except by mutual agreement

between a Staff Member and their Supervisor.

Building,

Maintenance,

Grounds and

Trades Staff

6:00 am – 6:00 pm

Monday – Friday

Ordinary hours not to exceed more than 7 ¼ hours in

any day or 36 ¼ hours in any week unless part of

agreed flexible hours arrangement.

Staff in

Laboratory

Support

8:00am – 7:00pm

Monday – Friday

Ordinary hours are not to exceed 7 ¼ hours in any day

or 36 ¼ hours in any week.

The frequency and pattern of working hours will be set in

consultation between the Supervisor and the Staff

Member.

Ordinary hours worked between 6:00 pm & 7:00 pm on

Monday –

Friday will include a 50% loading rate.

Research

Support Staff

Member

8:00 am – 7:00 pm

Monday to Friday

Ordinary hours not to exceed 7 ¼ hours in any day or

145 in any 4 consecutive weeks except by mutual

agreement between a Staff Member and their

Supervisor.

Ordinary hours worked between 6:00 pm & 7:00 pm on

Monday –

Friday will include a 50% loading rate.

Note: span of hours specifies the range within any day and within the week within which the

ordinary time hours can be worked. All work which is required to be performed outside the span of

hours is classed as overtime.

James Cook University Enterprise Agreement 2022 19

Note: the pattern of ordinary hours specifies the number of ordinary hours that can be worked on a

day and/or over a week or period of weeks. All work which is required to be performed outside the

pattern of ordinary hours is classed as overtime.

16.2

Variation to the Ordinary Hours

(a) Where the University proposed to permanently vary ordinary hours or rosters, the University

will comply with the consultation arrangements in Clause 45.4, Change Management and

Consultation.

(b) Flexible working hours arrangements can be denied on the basis of genuine operational

requirements. Reasons will be provided to the Staff Member where a request cannot be

accommodated due to genuine operational requirements.

Clause 16.1 above, Hours of Work, Professional and Technical Staff as ordinary hours and

be paid at ordinary rates of pay where mutually agreed between their Supervisor and the

Staff Member, per Clause 26, Individual Flexibility Agreement.

16.3 Meal Breaks

(a) Staff Members are entitled to an unpaid meal break between the 4th and 6th hour of work.

The meal break must be of at least 30-minute duration and would not normally extend for

more than one hour.

(b) If a Staff Member is required to work through their meal break, payment should be at the

rate of double time until a paid meal break is taken or until the Staff Member finishes work

for the day.

16.4 Rest Pauses

All Staff are entitled to morning and afternoon rest pauses each of 10 minutes duration. These shall

be taken under local work area arrangements, and will count as time worked.

16.5 Hours worked on Field Trips – Professional and Technical Staff

(a) Field work activities relate to teaching and research that is undertaken at locations which are

not identified as University workplaces.

(b) Field work commences at the time of departure from the University and concludes at the

time of return to the University or other place agreed between the Staff Member and their

Supervisor.

36 ¼ hours duty time in a 7-day period.

(d) For the purposes of calculating pro rata working days, a day is defined as 7 ¼ hours.

(e) Where a public holiday/s occurs during field work, an additional day/s in lieu will be given.

(f) With respect to work in the field, the following will apply:

(i) where the field work exceeds 14 days, Staff are entitled to a paid rest day, to be

taken in the field but in exceptional cases can be taken after field work finishes as

agreed between the Staff member and Supervisor;

(ii) where field work is performed on a weekend or a public holiday, Staff will be

provided with time off in lieu.

(g) All rest days or time off in lieu are to be taken within 2 weeks of return to work (or within four

[4] weeks by mutual agreement between the Staff Member and their Supervisor) or will be

20 James Cook University Enterprise Agreement 2022

paid out as follows:

(i) Rest days will be paid out at ordinary time;

(ii) Time off in lieu will be paid at overtime rates.

17.

Hours of Work Casual

17.1 Engagement

(a) Casual employment may legitimately be used to address fluctuations in the academic and

business cycle of the University. Beyond this requirement for flexibility, the University does

not intend to use casual employment to fill positions that could reasonably be filled on a

continuing or fixed-term basis.

(b) Except for where provided separately within this Agreement, the minimum period of

engagement for a Casual Staff Member will be as follows:

(i) Staff Members who are students (including postgraduate students) who are

expected to attend the university on that day in their capacity as students will have

a minimum engagement period of one hour;

(ii) Staff Members with a primary occupation elsewhere (or with the University) have a

minimum period of engagement of one hour; and

(iii) all other Casual Staff Members must have a minimum period of engagement of 3

hours.

(i) will be provided with induction and any physical and technological resources

(including access to University systems) necessary for them to be able to

undertake their role; and

(ii) are entitled to apply for internally advertised positions on the same basis as other

University Staff.

(d) Casual Academic Staff will be provided with protection and recognition of intellectual

property and moral rights in accordance with University policy.

18.

Conversion

18.1 Casual Conversion

(a) A casual Staff Member may be eligible to have their employment converted to a continuing

appointment in accordance with:

(i) the NES; or

(ii) this clause

(b) A request for casual conversion in accordance with the NES may be at the initiative of either

the University or the Staff Member.

clause when they have been employed on a regular and systematic basis undertaking

substantially similar work in the same Work Unit for at least 12 months. A casual Academic

Staff Member who has been engaged in 4 of the previous 5 semesters on a regular casual

basis in those semesters to deliver lectures or tutorials or like classes totalling not less than

300 hours (of delivery) over that period shall be offered conversion to ongoing academic

James Cook University Enterprise Agreement 2022 21

employment.

(d) Casual Staff must not have their employed ended or hours reduced in order to avoid any

obligation under this Clause.

(e) An offer of the type described above shall be made unless:

(i) The Staff Member’s performance has been unsatisfactory, and this has been

formally drawn to the attention of the Staff Member; or

(ii) The work the Staff Member has been performing is no longer required to be

performed by anyone, will be no longer be required in the following six months, or

having regard to all the relevant circumstances there would be an insufficiency of

work for the Staff Member to be usefully employed; or

(iii) The Staff Member is in an Academic role and it is not practicable to combine the

duties which have been performed by the Staff Member prior to the offer of

conversion into a coherent set of duties that would constitute a position at an

employment fraction of at least 0.3FTE; or

(iv) The Staff Member is in an Academic role and has not been awarded their PhD or

is not within 6 months of submission of their thesis; or

(v) The Work Unit will commence a formal change process in the following 6 months;

(vi) The Staff Member is in receipt of superannuation payments as a retiree or has

primary employment in any capacity on a continuing basis.

(f) Conversion to non-casual employment under this clause shall be to continuing employment,

or to fixed-term employment where such employment is permissible according to the

circumstances limiting the use of fixed-term employment as set out in Clause 14.1.

Conversion shall be to the equivalent employment fraction that the Staff Member is engaged

as a casual. The offered pattern of hours to be worked, shall as far as is reasonably

practicable in the circumstances, be the same as the pattern of worked by the Staff Member

prior to the offer of conversion. To avoid doubt, nothing in this clause prevents agreement on

a different pattern of hours or fraction of employment.

18.2 Fixed Term Conversion

(a) A fixed-term Staff Member may be eligible to have their employment converted to a

continuing appointment in accordance with:

(i) The Fair Work Act or the Fair Work Regulations 2009 (Cth) ; or

(ii) this clause.

(b) A fixed-term Staff Member who has at least four years continuous service, can on or after

their four-year anniversary apply to be converted to continuing employment under this

clause.

to the contract that was in force prior to the conversion to continuing employment, unless

otherwise agreed between the University and the Staff Member.

(d) Exclusions from conversion

The University shall not be required to make such an offer (as described in (b) above) in

circumstances where:

(i) The work the Staff Member has been performing is no longer required to be

performed by anyone, or will be no longer required in the following six months

having regard to all the relevant circumstances there would be an insufficiency of

22 James Cook University Enterprise Agreement 2022

work for the Staff Member to be usefully employed; or

(ii) The Staff Member is in an Academic role and has not been awarded their PhD or

is not within 6 months of submission of their thesis; or

(iii) The Staff Member is a student, or has recently been a student, other than where

their status as a student is irrelevant to their engagement and the work required; or

(iv) The Staff Member has indicated their intention to retire within the next two years;

(v) The Staff Member was engaged as Replacement Staff under Clause 14; or

(vi) The Staff Member has a primary occupation with the University or elsewhere,

either as a Staff Member or as a self-employed person.

19.

Casual Employment

(a) The use of casual employment will, during the life of this Agreement, be no greater than

9.8% of all Staff, measured using the actual FTE staffing data as supplied annually to the

Commonwealth, currently via the Department of Education and Training.

(b) The University will provide a report on the percentage of casual employment as part of its

report to the JCC by 1 August in each year outlining casual FTE for Academic and

Professional and Technical Staff Members.

20.

Shift Work

Shift work may be used in order to provide services on a regular basis outside normal hours. Shift

work may be either on a continuous basis (24 hours, seven days a week), or be used to cover

particular periods of the day and particular days of the week. Shift work will continue to be used in

areas of computing and the library where it was used at the date of commencement of this

Agreement, and may be introduced to other areas by agreement with the Staff Members and the

relevant unions.

20.1 Shift Rosters

(a) Shift workers' ordinary hours will be worked in accordance with a roster.

(b) Staff Members will be notified at least 7 days in advance of the roster.

the roster. Where the University proposes to make permanent changes to the roster, it will

comply with its consultation obligations in Clause 45, Change Management and

Consultation.

20.2 Shift Rosters Arrangements

(a) Staff may be rostered in shifts as follows:

(i) Day Shift – commences at or after 6.00 am and finishes at or before 6.00 pm;

(ii) Afternoon Shift – finishes after 6.00 pm and at or before midnight;

(iii) Night Shift – finishes after midnight and at or before 8.00 am.

(b) All shift rosters shall specify the commencing and finishing time of ordinary hours of work of

each Staff Member.

James Cook University Enterprise Agreement 2022 23

reduced:

(i) Where Staff are required to work overtime;

(ii) For the purpose of changing shifts or shift rosters;

(iii) Because of the failure of another Staff Member to report for duty;

(iv) Where the shift is worked by arrangements between Staff.

(d) With the approval of the Supervisor, a Staff Member may voluntarily exchange duties and

hours of work with another Staff Member; provided that overtime payments, shift and meal

allowances shall not be payable for any period by which those exchanged hours of work are

in excess of the Staff Member’s ordinary working hours unless such payment would have

been made to the Staff Member originally rostered; provided further that no Staff Member

shall be permitted to work two consecutive shifts.

(e) Shift rosters will normally be arranged to form a recurring cycle of 5 days on and 2

consecutive days off per week, or such other equivalent off-duty periods acceptable to the

University and the Staff Member.

20.3 Shift Allowances

(a) Afternoon and rotating night shift will attract a penalty rate of 115%.

(b) Non-rotating night shift will attract a penalty rate of 130%.

(d) Sunday will attract a penalty rate of 200%.

(e) An additional payment of 150% will be paid for all hours worked on a public holiday.

(f) The shift rates within this clause and in Schedule 2 are not cumulative. Where a Staff

Member is entitled to more than one penalty rate, the Staff Member will be entitled to the

highest single penalty rate.

21.

Remuneration

21.1 Salary

(a) This Agreement provides for wage increases as follows:

(i) 5.5% on 1 July 2023; and

(ii) 3.25% on 1 July 2024; and

(iii) 3% on 1 July 2025; and

(iv) 2.75% on 31 December 2025.

(b) The salary rates for Staff are detailed ln Schedule 1.

determined by the Supported Wage System (SWS) Policy, as amended from time to time.

(d) Where a Staff Member requests to be assigned duties at a lower level, the Staff Member will

be paid the Staff rate applicable to the lower level with consideration given to the appropriate

salary step.

24 James Cook University Enterprise Agreement 2022

(e) Continuing and Fixed-term Staff Members will progress through the incremental structure,

as due, pending the outcome of their Performance and Development Plan discussions.

(f) The Allowances outlined in Schedule 2 will be indexed in accordance with the salary

increases contained in (a) above.

(g) Should an Allowance in this Agreement fall below the amount payable in the applicable

Modern Award the Award rate will be payable.

22.

Recovery of Overpayments

(a) Where a Staff Member has been provided with payment and/or monetary entitlements to

which the Staff Member was not entitled (including salary, loadings and allowances, other

monetary benefits such as study assistance and leave), this represents an overpayment

which the University may recover.

(b) The University will inform the Staff Member as soon as practicable of any overpayment

providing written details of the overpayment, how it occurred, the proposed recovery

arrangements, and options available for repayment.

recovery arrangements, discussions should occur between the Human Resources

Directorate and the Staff Member. Staff Members may be supported and/or represented in

these discussions in accordance with the definition of Support Person and/or

Representative.

23.

Superannuation

23.1 Entitlement

(a) The University’s default scheme will be UniSuper. In the event that a Staff Member does not

choose an alternative complying fund to receive employer superannuation contributions, or

the University is not otherwise required by law to make contributions to an alternative fund,

the University will make contributions to UniSuper.

(b) The University's contributions to UniSuper will be paid at the following rates:

Employment

Status

UniSuper University Contribution

Continuing and

Fixed-term Staff

17% inclusive of Government Superannuation Guarantee

(GSG) amount

Casual Staff

Government Superannuation Guarantee (GSG) amount,

as varied from time to time.

the following rates:

Staff Member

Contribution

QSuper University Contribution

0% Government Superannuation Guarantee (GSG) amount,

as varied from time to time.

5% 12.75%* inclusive of Government Superannuation

Guarantee (GSG) amount, as varied from time to time.

* Subject to changes that may apply if super rules change

James Cook University Enterprise Agreement 2022 25

(d) The University’s contribution to all other superannuation funds will be paid at the following

rates:

Employment Status University Contribution

Continuing and

Fixed-term Staff

Government Superannuation Guarantee (GSG) amount, as

varied from time to time.

Casual Staff Government Superannuation Guarantee (GSG) amount, as

varied from time to time.

(e) University Superannuation contributions will not be paid on behalf of the Staff Member

during periods of unpaid leave that does not count as service, unless required under

legislation.

24.

Overtime and TOIL

24.1 Eligibility

(a) The University can require a Staff Member to work reasonable overtime, with reasonable

notice, at overtime rates.

(b) This clause applies to all Full-time, Part-time and Casual Professional and Technical Staff

classified as HEWL 1-9.

of overtime worked calculated at the overtime rate. Payment of any time remaining may be

paid out at the applicable overtime rate.

(d) Staff classified as HEWL 8 or HEWL 9 may only take time off in lieu calculated at the

overtime rate, but where the Supervisor has not provided the opportunity to take the time off

in lieu, overtime payment will be made.

(e) Staff Members may accrue up to 3 weeks’ time in lieu within a 6-month period, the periods

being January to June and July to December. Time in lieu not taken at the end of the 6-

month period shall be paid out at the applicable overtime rate calculated on the salary rate

at the time the overtime was worked.

(f) If the Staff Member requests at any time to be paid for approved overtime rather than

access TOIL, the University will make payment to the Staff Member for the overtime, at the

overtime rate applicable to the overtime when worked, in the next available pay period

following approval of the request.

(g) If, on the termination of a Staff Member’s employment, approved TOIL has not been taken,

the University will make payment to the Staff Member for the overtime at the overtime rate

applicable to the overtime when worked.

24.2 When Overtime Occurs

(a) Overtime is work performed outside of the normal span of hours and outside the pattern of

ordinary hours and, unless prescribed otherwise in Clause 16, Hours of Work Professional

and Technical Staff, is hours in excess of 7.25 in any day and/or hours in excess of 36.25

hours in any week.

(b) Overtime only occurs where work cannot reasonably be performed during ordinary hours

and all Staff Members required to work overtime can only do so with the prior written

approval of their Supervisor. Where practicable, Staff Members should be given 24 hours’

notice of the requirement to work overtime.

26 James Cook University Enterprise Agreement 2022

relation to a decision by the Staff Member to make, or not make, an agreement to take time

off instead of payment for overtime.

(d) For Part-time Staff, overtime is any period worked outside the ordinary hours of work as

agreed between the Staff Member and the Supervisor.

(e) For Casual Staff, overtime is any period outside the span of hours or in excess of 7.25 hours

in any one day or 36.25 hours in a week.

(f) Where a system of flexible working hours operates under Clause 26, Individual Flexibility

Arrangement, the pattern of ordinary hours of work and the usual commencing and ceasing

times shall be those agreed by the Supervisor and the Staff Member concerned. A Staff

Member may be assisted in these discussions by a Support Person and/or Representative

as defined in this Agreement.

24.3 Overtime Rates

(a) With the exceptions noted below, all overtime will be paid as follows:

Monday to

Saturday

time and a half (150% of the ordinary rate of pay) for the first three (3)

hours after which double time (200% of the ordinary rate of pay)

Sunday double time (200% of the ordinary rate of pay)

Public

Holidays

double time and a half (250% of the ordinary rate of pay)

(b) The exceptions are:

(i) Grounds Staff, Security Staff, carpenters, plumbers, builders, labourers,

electricians, and refrigeration mechanics are to be paid overtime Monday to

Saturday at the rate of time and a half for the first two (2) hours, after which double

time shall be paid.

(ii) Shift workers whose roster provides more than one shift per day are to be paid

overtime Monday to Saturday at double time.

they shall be paid a minimum of 4 hours at the prescribed overtime rate.

(d) Where a Staff Member is required to work on a public holiday, they shall be paid a minimum

of 4 hours at the prescribed overtime rate.

(e) Where a Staff Member works on a public holiday, outside the ordinary starting and ceasing

times prescribed by this Agreement for that day of the week, or in the case of a Staff

Member working agreed hours pursuant to an Individual Flexibility Agreement in excess of

7 ¼ hours, that time worked shall be paid for at double the overtime rate prescribed by the

Agreement for such time when worked outside the ordinary starting and ceasing times on an

ordinary working day.

24.4 Staff Member Recalled to duty

(a) Where a Staff Member is on call and is required to respond to a call/email enquiry not

continuous with their ordinary hours of duty and the matter can be resolved quickly (15

minutes or less), they will be paid the Short Call Allowance.

James Cook University Enterprise Agreement 2022 27

(b) Where a Staff Member is on call and is recalled to perform work which is not continuous with

their ordinary hours of duty and cannot be resolved quickly, they shall be paid a minimum

payment of 4 hours at the prescribed overtime rate.

24.5 Minimum Break Following Overtime

(a) Where overtime is worked a Staff Member will be given at least 10 consecutive hours off

duty prior to the commencement of ordinary working hours on the next day.

(b) Where a Staff Member rotates from one shift to another as part of a normal shift change or

where another Staff Member does not report for duty, and there has been no overtime

worked, the Staff Member should be allowed at least eight consecutive hours off duty prior

to the commencement of the next ordinary shift.

commencement of ordinary hours to allow the required break, a Staff Member may be

absent during ordinary hours without loss of pay until they have had the required break from

duty.

(d) Where a Staff Member is instructed by their supervisor to resume duty or continue working

without having the required break, they shall be paid at the rate of double time until being

released from duty.

25.

Professional and Technical Staff Loading for Academic Work

(a) A Professional and Technical Staff Member who is performing work that is academic work

that is not encompassed by the Staff Member's current classification may apply for a

Professional and Technical Staff Loading under this clause.

(b) Applications must be made in writing to the relevant Head of Work Unit. An application will

consist of at least a statement by the Staff Member addressing the amount, level and

content of academic work required of their position. It should also include an agreed role

profile and a statement from their Supervisor as to amount, level and content of academic

work that are requirements of the position.

Professional and Technical Staff in Schedule 4 and the Classification Standards for

Academic Levels in Schedule 5.

(d) If an application for the loading is declined, the reasons for the decision must be recorded

and provided to the applicant and the applicant's Supervisor.

(e) Where an application for loading is successful, with effect from the next full pay period after

the date of application, the Staff Member will have their salary increased by the difference

between their current salary and the lowest step of the relevant Academic Level, multiplied

by the fraction of their work committed to academic duties. This amount will increase by

reference to annual increments thereafter to the highest but one (penultimate) step of that

academic level. This arrangement will be capped at Academic B Level 50.

(f) A Staff Member who receives a loading under this clause will be expected to continue to be

willing to perform any of the work upon which their application for the loading relied.

(g) Where the Staff Member is dissatisfied with the outcome of their application, they may,

within 4 weeks of receipt of the outcome, request an internal review. The review will be

undertaken by a senior nominee from HR and the Staff Member. A Staff Member may be

supported and/or represented in these discussions in accordance with the definition of

Support Person and/or Representative in this Agreement.

(h) If the Staff Member is not satisfied with the outcome of the internal review, the Staff Member

may raise a dispute under Clause 47, Dispute Resolution.

28 James Cook University Enterprise Agreement 2022

26.

Individual Flexibility Agreement

(a) An individual flexibility agreement (IFA) is a written agreement used by the Staff Member

and the University to change the effect of specified provision/s in this Agreement. An IFA is

used to make alternative arrangements that suit the needs of the Staff Member and the

University and cannot be used to reduce or remove a Staff Member’s entitlements.

(b) The University and an individual Staff Member may agree to vary the terms of this

Enterprise Agreement to make an Individual Flexibility Agreement about when work is

performed, provided:

(i) the agreement meets the genuine needs of the University and the Staff Member;

(ii) the agreement is genuinely agreed to by the Staff Member and the Supervisor; and

(iii) the agreement is documented and forwarded to the Director, HR.

agreement:

(i) are about when work is performed and that this is a permitted matter under section

172 of the Fair Work Act;

(ii) meet the genuine needs of the Staff Member and the University;

(iii) are not unlawful terms under section 194 of the Fair Work Act; and

(iv) result in the Staff Member being better off overall than the Staff Member would be

if no arrangement was made.

(d) Following discussion with Human Resources, the Head of Work Unit must ensure that the

individual flexibility agreement:

(i) is in writing;

(ii) includes the name of the University and Staff Member;

(iii) is agreed to by the Supervisor and Staff Member and if the Staff Member is under

18 years of age, signed by a parent or guardian of the Staff Member;

(iv) includes details about when work is to be performed; and

(v) states the day on which the arrangement commences, and where applicable, when

the arrangement ceases.

(e) The University must give the Staff Member a copy of the Individual Flexibility Agreement

within 14 days after it is agreed to.

(f) The University or Staff Member may terminate the Individual Flexibility Agreement:

(i) by giving no less than 28 days’ written notice to the other party to the arrangement;

(ii) at any time if the University and Staff Member agree in writing.

James Cook University Enterprise Agreement 2022 29

27.

Requests for Flexible Work Arrangements

(a) A Staff Member may request a change in their working arrangements from the University if

they require flexibility because they:

• are the parent, or have responsibility for the care, of a child who is of school age or

younger

• are a carer (within the meaning of the Carer Recognition Act 2010)

• have a disability

• are 55 or older

• are experiencing violence from a member of their family, or

• provide care or support to a member of their immediate family or household, who

requires care or support because they are experiencing violence from their family or

• any other reason provided for in the Fair Work Act or the Fair Work Regulations

(2009) (Cth)

(b) This clause applies where a Staff Member has made a request for a change in working

arrangements under section 65 of the Act.

on ‘reasonable business grounds’ [see section 65(5) and (5A)].

(d) Before responding to a request made under section 65, the Head of Work Unit must discuss

the request with the Staff Member and genuinely try to reach agreement on a change in

working arrangements that will reasonably accommodate the Staff Member’s circumstances

having regard to:

(i) the needs of the Staff Member arising from their circumstances;

(ii) the consequences for the Staff Member if changes in working arrangements are

not made; and

(iii) any reasonable business grounds for refusing the request.

(e) The University must give the Staff Member a written response to a Staff Member’s request

within 21 days, stating whether the University grants or refuses the request. If the University

refuses the request, then the written response must include:

(i) details of the reasons for the refusal, including the business ground or grounds for

the refusal and how the ground or grounds apply.

(ii) state whether or not there are any changes in working arrangements that the

University can offer the Staff Member so as to better accommodate the Staff

Member’s circumstances; and

(iii) if the University can offer the Staff Member such changes in working

arrangements, set out those changes in working arrangements.

(f) If the University and the Staff Member reached an agreement under this clause on a change

in working arrangements that differs from that initially requested by the Staff Member, then

the University must provide the Staff Member with a written response to their request setting

out the agreed change(s) in working arrangements.

(g) Disputes about whether the University has discussed the request with the Staff Member and

responded to the request in the way required can be dealt with under Clause 47, Dispute

Resolution.

30 James Cook University Enterprise Agreement 2022

28.

Role Profiles, Classification and Evaluation

(a) All continuing Professional and Technical Staff and Fixed-term Professional and Technical

Staff with appointments greater than 6 months will have a Role Profile that describes the key

accountabilities and outcomes required for the role and sufficient information to accurately

classify the work of the Staff Member under Clause 28(d).

(b) Where there is an incumbent in the position, any changes to the Role Profile should be

agreed between the Staff Member and their Supervisor. In circumstances where agreement

cannot be reached on a revised Role Profile, the Head of Work Unit shall determine the key

accountabilities and outcomes to be contained in the Role Profile.

roles.

(d) Positions will be classified in accordance with the Classification Descriptors Professional

and Technical Staff in Schedule 4 at the level which most accurately reflects the work

performed by the Staff Member as required by the University taking into account the skills

and responsibilities required to perform that work.

(e) The University will conduct an evaluation of Professional and Technical roles:

(i) Upon the creation of a new role or roles; or

(ii) When significant changes are made to an existing role or roles; or

(iii) Upon request by the Staff Member where such a request has not been made in the

previous 12 months.

(f) The effective date of any reclassification will be the date on which the written application for

review was initiated. In exceptional circumstances the Director, HR, and Head of Work Unit

may determine an earlier effective date of reclassification.

(g) Where the position is reclassified to a lower HEW level, the incumbent is entitled to:

(i) Salary maintenance at the previous salary level for a period of up to 6 months;

(ii) Apply for other vacant positions at their previous salary level on the same basis as

a redeployee; and

(iii) Discuss with their Supervisor changes to the position that might enable the

maintenance of the HEW level.

After receiving salary maintenance for a period of 6 months, the Staff Member will then

receive the salary applicable to the level prescribed by the reclassification.

Where the Staff Member is dissatisfied with the outcome of their application, they may,

within 4 weeks of receipt of the outcome, request an internal review. The review will be

undertaken by a senior nominee from HR and the Staff Member. A Staff Member may be

supported and/or represented in accordance with the definition of Support Person and/or

Representative in this Agreement.

(h) If a Staff Member is not satisfied with the re-evaluation of their role, the Staff Member may

raise a dispute under Clause 47, Dispute Resolution.

(i) Academic Staff are not able to make an application for an evaluation of their level. Academic

Staff are able to make application for promotion from one level to the next in accordance

with the Academic Promotion Policy and Procedure.

James Cook University Enterprise Agreement 2022 31

29.

Special Studies Program

(a) All Academic Staff Members of the University at the level of Associate Lecturer or above

holding an appointment of not less than half-time are eligible to participate in the Special

Studies Program (SSP) provided their contracts of employment extend beyond any

proposed period of SSP leave for at least a period equal to the SSP leave.

(b) A Staff Member shall have completed at least 36 months of continuous service with the

University before being permitted to undertake a SSP.

accrued service to a maximum entitlement of 12 months accrual SSP. Staff do not accrue

SSP when on leave without pay or SSP unless seconded to another University campus.

(d) Although a Staff Member may be eligible to apply to undertake an SSP, they have no

automatic right to an SSP where their proposed program does not meet the criteria in the

Special Studies Program policy. The number of programs approved each year may also be

restricted by Staffing and budgetary considerations.

(e) The Special Studies Program will be governed in accordance with the relevant policy

guidelines. A Staff Member on SSP cannot be directed to undertake teaching at the

University.

(f) Staff proceeding on SSP may apply for a travel grant to meet actual travel costs incurred by

the Staff Member in fulfilling the requirements of the approved program.

(g) The essential, but not exclusive, conditions for approval of a program are that it is aligned

with the strategic intent of the University and will provide significant outcomes to the

individual, the academic work unit and the University and that appropriate arrangements

have been made to maintain teaching, examining and administrative responsibilities.

(i) The Head of the Work Unit will assess an application from an eligible Staff Member

against the criteria outlined in the SSP Policy and guidelines. The Head of the

Work Unit will provide reasons in writing as to why the application does not meet

the criteria, or other grounds for refusing the application.

(ii) A Head of the Work Unit who refuses an application that meets the criteria, on the

grounds of lack of resources, will specify a time within the next 3 years when a

new or resubmitted application that meets the criteria will be approved subject to

(iii) below.

(iii) Should an unforeseen lack of resources further delay a project approved under (ii),

the program can only be deferred a further 12 months and only on the authority of

the next most senior line manager. The project costs and other details may require

updating at this point.

(iv) Preference will be given to Staff Members who have not previously had an SSP

program at the University or elsewhere.

(v) An applicant for SSP will be advised of the decision by the Head of Work Unit

within one month of the due date of submission of EOI for SSP for the following

year.

30.

Notice Period

30.1 Notice required by the Staff Member

(a) A Staff Member (excluding Casual Staff) may resign or retire from the University by giving

the amount of written notice specified below or such period of notice as may be specified in

the Staff Member's contract of employment.

32 James Cook University Enterprise Agreement 2022

Period of Appointment Notice Period

Continuing Academic

Staff

Up to 1 year 6 weeks or at the end of current

teaching commitments whichever is the

longer.

Continuing Academic

Staff

Over 1 year 26 weeks or at the end of current

teaching/research commitments

whichever is the shorter.

Continuing

Professional and

Technical Staff up to

and including HEWL 7

4 weeks

Continuing

Professional and

Technical Staff above

HEWL 7

6 weeks

Fixed-term Staff 4 weeks or (for Academic Fixed-term

Staff) the end of current teaching

commitments, whichever is the longer.

Casual Staff

End of shift

(b) If a Staff Member who is at least 18 years old does not give the period of notice required

under Clause 30.1(a)

then the University may deduct from wages due to the Staff Member

under this Agreement an amount that is no more than one week’s wages for the Staff

Member.

30.2 Notice to be given by the University

(a) Termination of employment by the University may only occur in accordance with this

Agreement and the University will give the same notice as required by the Staff Member.

(b) A Staff Member who is over 45 years of age and has completed at least 2 years’ continuous

service will be entitled to an additional period of notice of 1 week.

will be provided up to one day’s time off without loss of pay for the purpose of seeking other

employment. The time off is to be taken at times that are convenient to the Staff Member

after consultation with their Supervisor.

(d) The University may:

(i) require the Staff Member to work out their notice period; or

(ii) request that the Staff Member work out their notice period from home;

(iii) make a payment in lieu of notice. Where a Staff Member is paid in lieu of notice,

the Staff Member will receive the pay that they would have received had they

worked out the period of notice. Overtime will not be paid in lieu; or

(iv) a combination of the above.

(e) The period of notice shall not apply in the case of dismissal for conduct that amounts to

Serious Misconduct.

James Cook University Enterprise Agreement 2022 33

Part C – Performance Development and Management

31.

Probation

All new Continuing and Fixed-term Staff Members are required to complete a probationary period as

follows:

31.1 Professional and Technical Staff Members

Continuing Staff 6 months

Staff Members employed for a fixed

term of less than 3 months

No probation

Staff Members employed for a fixed

term of 3 - 9 months

50% of the appointment period

Staff Members employed for a fixed

term greater than 9 months

6 months

31.2 Academic Staff

Continuing Staff Members 3 years

Staff Members employed for a fixed

term of less than 3 months

No probation

Staff Members employed for a fixed

term of 3 - 9 months

50% of the appointment period

Staff Members employed for a fixed

term greater than 9 months

6 months

31.3 No Probation

(a) There will be no probation:

(i) For Casual Staff;

(ii) For fixed-term appointments of less than 3 months;

(iii) Where a Continuing Staff Member is seconded to another position in the University

and they have completed their initial probation;

(iv) Where a Fixed-term Staff Member is appointed to a second or subsequent fixed-

term appointment and they have completed their initial probation.

31.4 Other Matters

(a) A probationary period may be waived with the approval of the relevant Deputy Vice

Chancellor. Where this occurs, this will be recorded in writing in the Staff Member's contract

of employment.

(b) A probationary period may be shortened with the approval of the Head of a Work Unit.

different position a period of probation may apply.

31.5 Process for probation

(a) The probation process will consist of:

(i) A probation plan prepared at the start of employment;

(ii) Interim Review/s;

34 James Cook University Enterprise Agreement 2022

(iii) Final probation review conducted before the end of the probationary period.

(b) Where performance concerns are identified during the probationary period, a clear

statement of issues and improvements required will be provided to and discussed with the

Staff Member. The Staff Member will have an opportunity to respond to the performance

issues raised. This discussion will include any assistance that the Supervisor will provide in

order to meet performance expectations.

31.6 Confirmation or Termination of employment

(a) The University will determine, at any time during the probationary period, whether the Staff

Member's employment will be confirmed or whether the Staff Member's employment will be

terminated.

(b) The Staff Member will be notified in writing of the decision.

period, they will be paid notice in accordance with Clause 30.1(a) above.

32.

Performance Development and Planning

32.1 Performance Development Plan

(a) Each Staff Member shall perform and undertake, with due care and diligence, the key roles

and responsibilities specified by the University consistent with the Position Classification

Descriptors for Professional and Technical Staff in Schedule 4 and the Classification

Standards for Academic Staff in Schedule 5.

(b) The University requires all Supervisors and Staff Members to participate regularly in

performance development and planning discussions.

Development Plan which supports career growth and identifies agreed performance

outcomes relevant to their role.

(d) A Staff Member will have the opportunity to make written responses to their Supervisor’s

feedback or comment in the Performance Development Plan/s before they sign the

document.

(e) A Staff Member or Supervisor may initiate with at least 5 days’ notice the annual

performance development discussion with the Plan to be finalised following this discussion.

(f) A Casual Staff Member with more than 18 months service is eligible to elect to participate in

performance and development discussions and complete a Performance Development Plan.

(g) A Supervisor should provide early feedback where performance does not meet expectations

and will make all reasonable efforts to resolve instances of underperformance informally

using discussion, guidance, counselling and/or Staff development.

(h) Staff Members who are required to conduct Performance Development Plan reviews will be

provided with appropriate training and support.

(i) A Staff Member may request the Director, HR, consider designating an alternative

Supervisor. The Director, HR, may consider such a request subject to the position, the

duties being performed and the operational needs of the Work Unit and the University.

32.2 Incremental Progression

(a) Staff Members who have completed the PDP process and received a satisfactory rating will

have their salary increased to the next highest salary point within their classification level at

the conclusion of each 12-month period of their employment, unless that increment is

James Cook University Enterprise Agreement 2022 35

withheld under another provision of this Agreement.

(b) Staff Members who have been advised by their Supervisor of performance concerns, and

where those performance concerns still exist at the time of the PDP process such that their

PDP outcome is not satisfactory, may have their increment withheld.

33.

Managing Underperformance

33.1 General Principles

(a) Supervisors will provide Staff Members with regular feedback on their performance and will

manage performance matters promptly and fairly. The University will apply the principles of

procedural fairness to managing underperformance.

(b) In accordance with Clause 32.1(g), a Supervisor will attempt to resolve instances of

underperformance informally using discussion, guidance, counselling and/or Staff

development.

Underperformance process will be initiated. The performance review cycle will cease and

will not resume until the Staff Member’s performance returns to a satisfactory standard.

33.2 Stage 1 Process

(a) Where a Supervisor is of the view that the performance of a Staff Member is unsatisfactory

and the Staff Member’s performance has not improved following discussion, guidance,

counselling and/or Staff development, the Supervisor will meet with the Staff Member to

discuss the performance concerns.

(b) The Supervisor will:

(i) clearly state and document the performance deficiencies in a formal Performance

Improvement Plan and the reasonable timeframe in which improvement is

required; and

(ii) provide the Staff Member an opportunity to respond and discuss any mitigating

circumstances; and

(iii) take further steps to resolve the underperformance, through informal further

discussion, guidance, counselling and/or Staff development including directing the

Staff Member to undertake measures to assist in improving performance.

Supervisor will advise the Staff Member accordingly in writing.

(d) Where the measures in Clause 33.2(b) are not successful in bringing about the expected

level of improvements, the University will move to Stage 2.

33.3 Stage 2 Process

(a) Where the Stage 1 Process has not brought about the improvement in performance

required, the Supervisor will raise the matter with the Head of the Work Unit.

(b) The Supervisor will specify in writing a formal Unsatisfactory Performance Plan which sets

out the following:

(i) The specific areas of performance and/or conduct which are considered

unsatisfactory and should be addressed by the Staff Member;

(ii) The nature of the improvement required;

36 James Cook University Enterprise Agreement 2022

(iii) The reasonable timeframe within which such improvement must occur;

(iv) The availability of appropriate professional development and/or other resources

where appropriate;

(v) The date proposed for a review of the specific areas of performance.

Supervisor must give due consideration to the Staff Member’s response, and will either:

(i) confirm the advice of underperformance and the remedial action required;

(ii) modify any or all of the particulars contained in the previous advice; or

(iii) withdraw the advice.

(d) Where the Head of Work Unit and Supervisor are satisfied that the required improvement

has been made within the time frame provided, they will advise the Staff Member in writing

that their performance has improved, but that they will be monitored over a 12-month period.

A copy of this letter, the performance improvement plan and all correspondence entered into

will be placed on their HR file. If there is deterioration in performance within the 12-month

monitoring period, the formal process will recommence from the prior process and will take

into account any additional performance concerns.

(e) If the performance remains unsatisfactory after the review period, the Supervisor in

conjunction with the Head of Work Unit will consider whether the Staff Member should be

subject to a further Unsatisfactory Performance Plan, or will issue a notice of intention to:

(i) Allocate reasonable other duties at the same level of responsibility (if available) to

the Staff Member;

(ii) Issue a formal censure;

(iii) Reduce the Staff Member’s work level, if this is practicable and work is available at

a lower level;

(iv) Withhold an increment increase; or

(v) Terminate the Staff Member’s employment.

(f) The Staff Member will have 10 working days to show cause why this action should not be

taken.

(g) Where the Supervisor in conjunction with the Head of Work Unit considers the Staff

Member’s response and determine that action consistent with subclause (e)(i) is to be taken

they will advise the Staff Member in writing of the action. Where a Staff Member does not

respond in accordance with subclause (f) and the Supervisor and Head of Work Unit

consider that action is to be taken, they will advise the Staff Member in writing.

(h) Where the Supervisor in conjunction with the Head of Work Unit considers the Staff

Member’s response and determine that action consistent with subclause (e)(ii) to (v) is to be

taken, the matter will be referred to the relevant Deputy Vice Chancellor for a decision.

Where a Staff Member does not respond in accordance with subclause (f) and the

Supervisor and Head of Work Unit consider that action consistent with subclause (e)(ii) to (v)

is to be taken the matter will be referred to the relevant Deputy Vice Chancellor for a

decision. The decision of the relevant Deputy Vice Chancellor is final.

(i) A Staff Member may be supported or represented in any meetings or discussions under this

clause as per the definition in this Agreement

(j) At any stage of the process the Staff Member may resign without notice by mutual

agreement.

James Cook University Enterprise Agreement 2022 37

Part D – Leave Matters

34.

Annual Leave

34.1 Annual Leave Planning

(a) At least once each year, preferably as part of the annual Performance and Development

Plan discussion, Staff are required to meet with their Supervisor and develop a leave plan,

which will cover Annual Leave and Long Service Leave where the Staff Member has a Long

Service Leave entitlement.

(b) Supervisors will as far as it is reasonable and practicable:

(i) Plan the workload allocation so that each Staff Member has a 5-week period

available, including in unbroken periods if Staff so request, in which to take their

Annual Leave and approve any leave requests in a timely manner;

(ii) Agree to alternate periods of leave where operational requirements prevent the

leave requested being granted and approve requests to change leave plans and

confirm leave not taken to be carried forward to a subsequent year;

(iii) Approve Annual Leave for Academic Staff with teaching responsibilities during

teaching periods only where satisfactory arrangements have been made to meet

the responsibilities of the Staff Member.

(i) Apply for leave that is outside of teaching and peak workload periods, taking

account of the genuine operational requirements of their Work Unit;

(ii) Apply for leave or changes to leave using the established leave booking system

and receive approval prior to taking the leave;

(iii) Take their Annual Leave entitlement from the year in which it accrues unless

otherwise agreed in their leave plan.

34.2 Entitlement

(a) Annual Leave will accrue on an annual basis during periods of continuous employment.

(i) Full-time Staff (other than Casuals) will accrue 5 weeks (25 working days) of

Annual Leave for each completed year of service.

(ii) Full-time Shift Workers (Staff on three continuous shifts per day over a period of

seven days per week) will accrue 6 weeks (30 working days) of Annual Leave for

each completed year of service.

(iii) Part-time Staff will accrue a pro-rata amount of Annual Leave.

(iv) Casual Staff do not accrue Annual Leave.

(b) Annual Leave will accrue on a pro-rata basis and be credited to Staff at the end of each pay

fortnight.

termination from the University.

34.3 Excess leave

Any Staff Member whose accrued leave entitlement equals or exceeds 45 days and does not have an

agreed leave plan to reduce their leave may be directed in writing to apply for leave so that their

38 James Cook University Enterprise Agreement 2022

accrued Annual Leave balance will be no greater than 35 days within a reasonable period. Staff will

be given one month to apply to take the required leave.

34.4 Annual Leave at half pay

Subject to the agreement of their Supervisor, Staff who have an Annual Leave balance of less than 45

days may apply to take Annual Leave at half pay, in which case payable leave credits will only be

deducted for half of the leave duration. Annual Leave taken at half pay will only be available for a

minimum of 1 week’s duration (2.5 days leave credits) per request.

34.5 Cashing out Annual Leave

(a) Staff may apply to cash out leave equivalent to the period of leave they have taken in the

previous 12 months provided they:

(i) Have taken at least 15 days Annual Leave in the previous 12 months, (pro rata for

Part-time Staff);

(ii) Retain a balance of no less than 20 days (pro rata for Part-time Staff); and

(iii) Apply in writing and there is written agreement between the Staff Member and their

Head of Work Unit for each occasion leave is cashed out.

(b) The payment must not be less than the amount that would have been payable had the Staff

Member taken the leave at the time the payment is made.

34.6 Leave Loading

(a) Professional and Technical Staff will be entitled to receive Annual Leave loading at a rate

equivalent to 17.5% on 4 weeks per annum of the ordinary rate of pay paid during the

Annual Leave period.

(b) Shift workers on Annual Leave will be paid the greater of:

(i) shift penalties a Staff Member would have received had they not been on Annual

Leave; or

(ii) the 17.5% Annual Leave loading as prescribed.

paid on a payday preceding 1 January, with a maximum payment equal to the Australian

Bureau of Statistics’ average weekly total earnings for the relevant quarter preceding the

date of accrual, as amended from time to time.

35.

Christmas Closure

(a) The Vice Chancellor may determine to close the University for the Christmas and New Year

period and direct Staff Members to take up to three (3) days of their accrued annual leave

entitlement (or long service leave where the Staff Member has no accrued annual leave

balance) during this period. The University will provide at least four (4) months’ notice of the

requirement for Staff to take leave. Where Staff Members do not have enough paid leave to

cover this period, a Staff Member may take accrued TOIL. If a Staff Member has insufficient

leave or TOIL available, the Staff Member may either take three (3) days of annual leave in

advance or leave without pay will be granted.

(b) In the event that Staff are required to work for business and operational reasons during the

Christmas and New Year Period, they may do so with the prior written approval of the

Deputy Vice Chancellor of their Work Unit. Leave will not be deducted for the period of paid

work, approved by the relevant Deputy Vice Chancellor of their Work Unit.

James Cook University Enterprise Agreement 2022 39

36.

Personal and Carer’s Leave

36.1 Criteria

Personal/carer’s leave covers both sick leave and carer's leave and may be granted, subject to

available leave accrual, in the following circumstances:

(a) If a Staff Member is unfit for work because of personal illness or injury;

(b) To provide care or support to a member of their immediate family or household because of a

personal illness, injury or unexpected emergency; or

and Family Violence Leave at first instance has been exhausted).

Personal/carer’s leave may be claimed during a period of Annual Leave or Long Service Leave.

36.2 Entitlement

(a) Full-Time Staff are entitled to 15 days personal/carer's leave each year. The 15 days

accrues from year to year.

(b) Part-Time Staff are entitled to a pro rata amount of personal/carer's leave, according to the

number of ordinary hours worked.

each pay fortnight.

(d) Personal/carer's leave continues to accrue when Staff take periods of paid leave but does

not accrue on any form of unpaid leave.

36.3 Reporting, recording and evidence requirements

(a) Staff must advise their Supervisor as soon as practicable of their absence or their intention

to be absent, expected duration of the absence and apply for leave immediately on their

return to work.

(b) A medical certificate or other supporting evidence from the Staff Member’s treating

Registered Medical Practitioner is required for absences of four (4) or more consecutive

days.

absent on Friday/Monday, absent before or after public holidays, the Supervisor may require

the Staff Member to provide a medical certificate from the Staff Member's treating

Registered Medical Practitioner for each occurrence of personal leave, including for periods

of less than 3 days. This requirement will continue for a reasonable period of time, not

usually exceeding 6 months. The period may be reviewed by the Director, HR, at the

request of the Staff Member.

(d) Staff who return to the University after a break in service of not more than 3 months, or in

the case of Fixed Term Academic Staff in consecutive semesters will have their previous

unused personal/carer's leave credit reinstated.

(e) Unused personal/carer's leave will not be paid out on separation, or in any other

circumstances.

(f) Where paid personal/carer's leave is exhausted the Staff Member is eligible for unpaid

personal/carer's leave or may apply for other forms of leave as applicable.

36.4 Unpaid personal and carer's leave

(a) All Staff, including casual Staff are entitled to take 2 days of unpaid carer's leave for each

occasion a Staff Member's immediate family or household requires care or support because

40 James Cook University Enterprise Agreement 2022

of a personal illness, injury or an unexpected emergency to which the Staff Member and the

Supervisor agree.

(b) Unpaid carer's leave will not be approved if Staff have paid personal/carer's leave available.

This does not apply to casuals who do not have an entitlement to paid personal/carer's

leave.

37.

Compassionate Leave

37.1 Entitlement

Staff Members (other than Casual Staff) are entitled to 3 days paid Compassionate Leave on each

permissible occasion when a member of the Staff Member's immediate family, or a member of the

Staff Member's household:

(a) Contracts or develops a personal illness that poses a serious threat to their life;

(b) Sustains a personal injury that poses a serious threat to their life; or

Part-time Staff will be entitled to a pro-rata amount of Compassionate Leave.

37.2 Taking Compassionate Leave

Staff may take Compassionate Leave for each permissible occasion as:

(a) A single continuous 3-day period;

(b) 3 separate periods of 1 day each; or

37.3 Notice and evidence

(a) Staff must notify their Supervisor as soon as practicable (which may be a time after the

leave has started); and of the period, or expected period, of the leave.

(b) Staff may be asked to provide appropriate evidence to support their application for

Compassionate Leave.

37.4 Further periods of leave

Where a Staff Member has exhausted their entitlement to paid Compassionate Leave, they will be

eligible for leave without pay or other forms of paid leave as applicable.

37.5 Casual Staff

Casual Staff are entitled to 3 days unpaid Compassionate Leave per occasion to not be available to

attend work, or to leave work, subject to the provision of appropriate evidence to support their

application for Compassionate Leave.

38.

Domestic and Family Violence Leave

38.1 Entitlement

(a) The University is committed to providing a supportive and safe workplace to Staff Members

that experience domestic and family violence and will not disadvantage a Staff Member

because of the consequences of domestic and family violence.

James Cook University Enterprise Agreement 2022 41

(b) Domestic and Family Violence Leave may be taken as follows:

(i) All Staff Members are entitled to take up to 10 days paid leave in total per calendar

year for absences arising from instances of Domestic and Family Violence.

(ii) Where paid Domestic and Family Violence Leave is exhausted the Staff Member is

eligible to apply for paid Personal and Carer’s Leave.

(iii) Domestic and Family Violence Leave does not accumulate from one year to the

next.

(iv) The University will provide support to a Staff Member experiencing domestic and

family violence by approving reasonable requests for leave.

(v) Staff Members may be asked to provide appropriate evidence to support their

application in instances of domestic and family violence. Any evidence provided by

the Staff Member will be treated confidentially.

(vi) Any disputes as to the validity of a claimed absence will be referred to the Director,

HR, for determination.

39.

Gender Affirmation Leave

39.1 Entitlement

(a) A Staff Member who is affirming their gender is entitled to 20 days’ paid leave per calendar

year for purposes incidental to the affirmation of their gender.

(b) The leave may be used for the purpose of attending medical appointments, recovering from

medical procedures, attending to any legal matters, or any other activity related to the Staff

Member’s gender affirmation.

person that the leave is being used for the purpose intended by this clause. Such evidence

may be a medical certificate from a treating practitioner, or a letter from a legal practitioner,

or a statutory declaration.

(d) This leave is provided in addition to any other leave that may be available to the Staff

Member.

40.

Long Service Leave

40.1 Entitlement

(a) Full-time Staff are entitled to Long Service Leave once they have completed 7 years

continuous service. Long Service Leave accrues at 1.3 weeks per completed year of

service.

(b) Part-time Staff are entitled to a pro-rata amount of Long Service Leave for each completed

year of service after 7 years of continuous service.

number of hours worked over the entitlement period, and paid after 7 years of continuous

service.

(d) Continuous service is considered to be service with breaks of no more than 3 months from

the end of the contract of employment to the beginning of the next contract of employment.

42 James Cook University Enterprise Agreement 2022

(e) In addition, continuous service for a Fixed-term and/or Casual Staff Member will not be

broken by the interval between consecutive semesters in which that Staff Member is

employed.

40.2 Recognition of commencement date from another Australian University for the purpose of

Long Service Leave only

(a) Where a Staff Member has prior continuous service with another Australian University, the

University will recognise the date the Staff Member commenced with their previous

University for the purpose of determining the service period required to be eligible to take

Long Service Leave. The University will, however, only make payment for the period of

continuous service undertaken by the Staff Member whilst employed by the University. Prior

to being able to take Long Service Leave the Staff Member must complete a minimum 3

years of continuous paid service at the University.

(b) Continuous service is considered to be service with breaks of no more than 3 months

between positions held at the University and 2 months between breaks in service between

other universities and the University.

that do not make provision for long service, including grants from bodies such as ARC and

NHMRC.

40.3 Applying for Long Service Leave

(a) Staff must take a minimum of 2 weeks leave per instance. Dates for Long Service Leave

must be agreed with their Supervisor and Supervisors must act reasonably in agreeing

dates for Long Service Leave.

(b) Staff must apply in writing at least 6 months' prior to taking the leave. The notice period may

be reduced by agreement between the Staff Member and the Head of Work Unit.

than 1 semester unless more than 6 months Long Service Leave is taken.

(d) Applications for Long Service Leave may be declined due to genuine operational

requirements. The fact that the leave would occur during a teaching period does not in and

of itself provide a basis to decline a request unless other staff within the same Work Unit will

be on leave or otherwise unavailable at the relevant time.

(e) Where an application for Long Service Leave is declined, the Head of the Work Unit will

advise the staff member for the reasons for their decision, and will agree an alternative

period for the leave to be taken.

40.4 Direction to Take Long Service Leave

(a) Any Staff Member whose accrued Long Service Leave entitlement equals or exceeds 15

weeks (pro rata for Part-time Staff) may be directed in writing to take up to 6 weeks (pro rata

for Part-time Staff) of their accrued Long Service Leave entitlement within the following 12-

month period.

(b) The time of taking Long Service Leave will be determined by the University, having regard to

teaching and peak workload periods and operational requirements and any matters raised

by the Staff Member, including having regard to the Staff Member's leave plan developed in

accordance with Clause 34.1(a) above.

direct the Staff Member to take leave provided the Staff Member is given at least 2 months’

notice in writing from the date upon which the leave is to commence.

(d) Staff will not be directed to take Long Service Leave within 24 months of their date of

retirement, subject to written notification of the intended retirement date.

James Cook University Enterprise Agreement 2022 43

40.5 Cashing out Long Service Leave

Staff may request in writing to cash out any Long Service Leave in excess of 15 weeks at their

Ordinary Rate of Pay.

41.

Parental Leave

41.1 General Principles

(a) The University will provide paid and unpaid Parental Leave to Staff Members in accordance

with this clause, the Fair Work Act and the Parental Leave Procedure.

(b) Where paid and unpaid leave is taken, the total period of leave will not exceed the

entitlements to unpaid leave provided for in the Fair Work Act.

41.2 Definitions

The following definitions apply to this clause:

(a) Initial Primary Care Giver – is the person who is the primary carer at the placement of an

adopted child.

(b) Primary Care Giver – is either parent, but for the purpose of this definition, not the Birth

Parent.

(d) Surrogate Staff Member – a Staff Member who is pregnant for the purpose of carrying a

baby to term for another parent/s, including for adoption.

(e) Birth Parent – a Staff Member who gives birth to the child.

41.3 Entitlements

(a) Staff (excluding Casuals) who have at least 12 months continuous service at the University

prior to the commencement of Parental Leave or the date of birth or adoption of a child

under school age, are entitled to paid parental leave.

(b) Casual Staff who have at least 12 months continuous service at the University and Staff who

do not have 12 months continuous service at the University prior to the commencement of

Parental Leave or the date of birth or adoption of a child under school age, are entitled to

unpaid leave.

PROVISION ENTITLEMENT

Paid Birth-related

Leave

Period of Leave Less than 12 months

Where the Birth Parent proposes to take less than or up to 12 months leave

from the workplace the Birth Parent is entitled to either:

Up to 26 weeks continuous leave taken no later than the birth of the

child (or 52 weeks on 50% of salary); or

Up to 20 weeks continuous leave taken no later than the birth of the

child (or 40 weeks on 50% of salary) and 1 day per week of paid leave

for the first 30 weeks after the Staff Member returns to work.

Unpaid leave will otherwise be provided under the Fair Work Act.

44 James Cook University Enterprise Agreement 2022

Period of Leave over 12 months

Where the Birth Parent proposes to take more than 12 months’ leave from the

workplace, the Birth Parent is entitled to:

Up to 26 weeks paid continuous leave taken from the date of the birth of

the child.

The 26 weeks leave may be taken on full pay or 52 weeks on 50% of

salary.

Unpaid leave will otherwise be provided under the Fair Work Act.

Paid Birth-related

Leave in the event

of miscarriage/

stillbirth

Where the pregnancy lasted at least 20 weeks and ended in miscarriage or

stillbirth, the Birth Parent is entitled to six weeks’ paid leave.

Unpaid leave will otherwise be provided under the Fair Work Act.

Paid

Personal/Carer’s or

Unpaid Leave in

the event of

miscarriage/

stillbirth

Where the pregnancy did not reach 20 weeks' gestation, and ended in

miscarriage or stillbirth, the Birth Parent is entitled to take paid personal/

carer’s leave and/or unpaid leave.

Paid Adoption

Leave

Paid adoption leave is available where a child is under five years of age at the

time of placement.

Period of Leave Less than 12 months

Where the parent who is the Initial Primary Care Giver proposes to take up to

12 months leave from the workplace, the Initial Primary Care Giver is entitled

to either:

Up to 26 weeks continuous leave taken no later than the placement of

the child (or 52 weeks on 50% of salary); or

20 weeks paid continuous leave taken from the date the child is placed

(or 40 weeks on 50% of salary) and 1 day per week of paid leave for the

first 30 weeks after the Staff Member returns to work.

Unpaid leave will otherwise be provided under the Fair Work Act.

Period of Leave over 12 months

Where the Initial Primary Care Giver proposes taking more 12 months leave

from the workplace, the Initial Primary Care Giver is entitled to:

Up to 26 weeks paid continuous leave taken from the date of the

placement of the child.

The 26 weeks leave may be taken on full pay or 52 weeks on 50% of

salary.

Unpaid leave will otherwise be provided under the Fair Work Act.

Unpaid Adoption

Leave

Unpaid adoption leave is available where the adopted child is aged sixteen

years or younger in accordance with the Fair Work Act.

Paid Surrogacy

Leave

The Surrogate Staff Member is entitled to take up to 12 weeks Paid Surrogacy

Leave.

Paid Surrogacy Leave may commence up to 6 weeks prior to the expected

birth of the child.

James Cook University Enterprise Agreement 2022 45

The entitlement to Paid Surrogacy Leave ceases 6 weeks after the birth of the

child.

Paid Partner Leave A Partner is entitled to 20 days paid leave (pro rata for Part-time Staff) to be

taken within the 7-week period which starts a week before the expected date of

birth or placement and concludes 6 weeks after the birth.

Paid Partner Leave may occur simultaneously with Paid Birth-related Leave or

Paid Adoption/Surrogacy Leave.

Unpaid leave will otherwise be provided under the Fair Work Act.

Change of Primary

Care Giver Leave

where both parents

are University Staff

Members

Paid Parental Leave may be shared between Staff Members who are partners

and both work at the University where:

Both Staff Members have 12 months continuous service at the date of

commencement of parental or adoption leave; and

The primary caregiver responsibilities are shared.

Where a Staff Member and their partner who is also a University Staff Member

share the entitlement to paid Parental or Adoption Leave (up to 26 weeks), this

will not reduce the entitlement to 20 days’ Parental Leave – Paid Partner Leave

available to the Staff Member who is not the Birth Parent.

Where a Staff Member couple elect to share a period of Parental Leave (paid),

the leave must:

For the couple, not exceed an aggregate of 26 weeks*;

The Staff Member and their partner must take the leave in a single

unbroken period;

The first Staff Member must have commenced Parental Leave no later

than the birth of the child or the placement of the child in the case of

adoption.

Apart from the period of Paid Partner Leave, both parents must take

leave in separate, continuous periods.

The Partner who has become Primary Care Giver may apply to take a further

12 months leave without pay, extending the period of leave up until the child

reaches the age of two in accordance with the Fair Work Act.

* A Staff Member’s entitlement to parental leave is reduced by any period of

parental leave taken by their partner in respect of birth or adoption of the same

child. This excludes the period of 20 days’ partner leave.

Change of Primary

Care Giver Leave

where Partner is a

Staff Member

If the Partner, who is a Staff member, is not the Primary Care Giver, but

becomes the Primary Care Giver within the first 26 weeks of birth or placement

of the child, the Partner will be entitled to 26 weeks paid leave, where the total

paid parental leave from the University does not exceed 26 weeks*.

The leave must be taken within the first 12 months of the child's life and may

be taken on full pay or on 50% of salary. If leave is taken on half pay, the

period of paid leave on half pay will cease when the child turns one, and the

entitlement will be reduced.

If the Partner becomes the Primary Care Giver after the first 26 weeks of the

child’s life or placement, the Partner will be entitled to paid leave for the

balance of the period up to 26 weeks* until the child turns one.

46 James Cook University Enterprise Agreement 2022

The Partner who has become primary carer may apply to take a further 12

months leave without pay, extending the period of leave up until the child

reaches the age of two.

* A Staff Member’s entitlement to parental leave is reduced by any period of

parental leave taken by their partner in respect of birth or adoption of the same

child. This excludes the period of 20 days’ partner leave.

Unpaid Parental

Leave

Staff (including eligible Casual Staff), who complete at least 12 months

continuous service at the date of commencing leave are eligible for up to 52

weeks unpaid parental leave if they are the primary carer of the child.

Staff (excluding Casual Staff), who have completed less than 12 months

continuous service at the date of commencing leave are eligible for up to 26

weeks unpaid parental leave if they are the primary carer of the child.

If the Partner becomes the primary carer of the child, the Staff Member is

entitled to the balance of the unpaid parental leave, less the 20 days Paid

Partner Leave. The Staff Member may request a further period of up to 12

months in accordance with the Act.

Where both parents take unpaid parental leave it must be taken in separate,

continuous periods, with the exception of concurrent leave.

All Staff (regardless of length of service) are entitled to up to two days of

unpaid (pre-adoption) leave to attend any interviews or examinations required

in order to obtain approval for the adoption of a child.

41.4 Transfer to a Safe Job

(a) Where illness or risks arising out of pregnancy or hazards connected with the work make it

inadvisable for a pregnant Staff Member to continue in their current position, and it is

supported by appropriate medical evidence, the Staff Member will be entitled to be

transferred to a safe job for the duration of the risk period that has:

(i) the same ordinary hours of work as the Staff Member’s substantive position;

(ii) a different number of ordinary hours agreed to by the Staff Member; or

(iii) placed on paid special leave for the duration of the risk period, at the Staff

Member’s base rate of pay for the ordinary hours of work in the risk period.

(b) If the Staff Member’s pregnancy ends before the end of the risk period, the risk period ends

when the pregnancy ends.

41.5 Consultation with Staff Member during Parental Leave

(a) Where the University proposes to introduce major changes that are likely to impact on a

Staff Member’s position while they are on Parental Leave the University will:

(i) provide the Staff Member with information about the change; and

(ii) consult with the Staff Member regarding the impact of the proposed change on the

Staff Member’s position in accordance with provisions of Clause 45, Change

Management and Consultation.

41.6 Return to Work

(a) Staff are guaranteed to return to work immediately following a period of Parental Leave

entitling them to:

(i) Their pre-Parental Leave position; or

James Cook University Enterprise Agreement 2022 47

(ii) If that position no longer exists, the University will manage the placement of the

Staff Member in accordance with the provisions of Clause 46, Redeployment and

Redundancy.

(b) Full-time Staff will be entitled to return to work on a Part-time basis. A return to work on a

Part-time basis should not exceed two years from date of resuming duties. The Staff

Member shall be entitled to return to the position held before commencing Parental Leave,

by giving 8 weeks’ notice.

to a flexible working arrangement, including returning to work part-time. The University will

consider the request taking into account the effect on the workplace and will only refuse the

request on reasonable business grounds.

41.7 Continuity of Service

(a) The period of paid Parental Leave will be considered continuous service and will not

constitute a break in service.

(b) The period of unpaid Parental Leave in excess of 26 weeks will not be considered

continuous service, but will not constitute a break in service.

granted.

41.8 Keeping in Touch Days

(a) Where agreement between the University and the Staff Member has been reached, a Staff

Member may participate in up to 10 'keeping in touch' days, at any time after six weeks from

the child's date of birth and placement.

(b) The Staff Member will be paid at their ordinary hourly rate for this time. Keeping in touch

days will count as service for all purposes, extends the period of Paid Parental Leave but

does not extend the total period of Parental leave.

41.9 Superannuation

During any period of paid leave granted pursuant to this clause, the University will continue to pay

contributions towards the Staff Member’s superannuation benefits, and the Staff Member will continue

their superannuation scheme contributions during any period of paid leave granted pursuant to this

clause.

42.

Other Leave

Leave provided to Staff Members under this clause, is non-accruing leave.

Staff Members may be requested to provide evidence to support an application for leave under this

clause.

42.1 State Emergency Services Leave

A Staff Member (other than a casual Staff Member) who is a member of a State Emergency Service,

fire-fighting service, search and rescue unit or other recognised volunteer service organisation that

requires a Staff Member to assist in an emergency situation, when required, will be granted up to 5

days per calendar year with pay. Part-Time Staff will be entitled to a pro-rata amount of State

Emergency Services Leave.

42.2 Volunteering Leave

A Staff Member may apply for up to 2 days per calendar year to be deducted from their

Personal/Carers Leave balance to undertake voluntary work for a not-for-profit community

organisation.

48 James Cook University Enterprise Agreement 2022

42.3 Jury Service

A Staff Member (other than a casual Staff Member) who is required to attend for Jury Service or to

attend any court of law as a witness during their ordinary working hours will be granted paid leave for

their ordinary hours of work. Paid leave is conditional upon production of a certificate from the Court

indicating attendance is required and forwarding of the payment received to the University.

42.4 Cultural Leave

A Staff Member (other than a casual Staff Member) is entitled to a maximum of 10 days paid leave per

calendar year to participate in Cultural Leave for the sole purpose of observing holy days or to attend

essential religious or cultural duties associated with their particular religious faith, culture or tradition.

Part-Time Staff will be entitled to a pro-rata amount of Cultural Leave.

Aboriginal and/or Torres Strait Islander Staff Members (other than casual) are entitled to a maximum

of 10 days paid leave per calendar year to participate in or fulfil cultural obligations related to the

culture and/or community group with which they identify. Part-Time Staff will be entitled to a pro-rata

amount of Cultural Leave.

Casual Aboriginal and/or Torres Strait Islander Staff Members are entitled to a maximum of 5 days

unpaid leave.

42.5 Defence Force Reservist Leave

A Staff Member (other than a Casual Staff Member) who is a member of the Defence Force Reservist

will be granted up to 4 weeks per year paid leave to undertake service and up to two (2 weeks) paid

leave to attend compulsory training. Part-Time Staff will be entitled to a pro-rata amount of leave.

42.6 Natural Disaster Leave

(a) Paid leave will be granted to Staff that are unable to attend their rostered or normal work as

a result of floods, cyclonic disturbances, bushfires or earthquakes.

(b) Paid leave will be granted to Staff that are required to leave work in order to ensure their

own safety, protection of their family and/or property, or to access transport facilities which

may later be disrupted or discontinued because of weather conditions for the remainder of

the day.

42.7 Trade Union Training Leave

(a) A Staff Member (other than a casual Staff Member) may apply for up to 5 days paid leave

per calendar year to attend Trade Union Training courses, conferences, or seminars. Part-

Time Staff will be entitled to a pro-rata amount of leave.

(b) A maximum of two Staff Members per year who are elected to both the National Tertiary

Education Union Division and National Council may apply for up to a total of 2 additional

days paid leave per calendar year to attend Division Council meetings, National Council

meetings or Division and National conferences.

42.8 Special Sporting Leave

(a) A Staff Member (other than a casual Staff Member) may be granted up to 5 days paid leave

per calendar year when they are selected as a competitor, coach, official or umpire/referee

to participate in state, national or international sporting events or competitions in sports of

national significance. These will normally be recognised by the International Olympic or

Commonwealth Games Committee.

(b) Where a Staff Member receives payment: paid leave will be granted on the basis that the

Staff Member provides any payments for being a competitor, coach, official or

umpire/referee to the University.

James Cook University Enterprise Agreement 2022 49

43.

Leave without Pay

(a) The University recognises that a Staff Member may wish to apply for periods of leave

without pay where:

(i) they do not have an entitlement for paid leave; or

(ii) they have exhausted their paid leave entitlements.

(b) Leave without pay is not an entitlement. The University recognises there are occasions

where leave without pay can bring benefit to the University.

above.

(d) Any periods of Leave without Pay will not constitute breaks in service; however, it will not be

recognised for the purpose of accruing eligibility for any other leave types, incremental

advancement, special studies leave, and/or for the calculation of redundancy and/or

severance benefits.

(e) Any period of Leave without Pay during a probationary period will result in an adjustment to

the probation date.

44.

Public Holidays

Staff are entitled to be absent from work on a day that is a public holiday.

(a) The following public holidays will be observed:

(i) New Year’s Day 1 January;

(ii) Australia Day 26 January;

(iii) Good Friday as prescribed from year to year;

(iv) Easter Saturday where applicable;

(v) Easter Monday as prescribed from year to year;

(vi) Anzac Day 25 April;

(vii) Labour Day First Monday in May;

(viii) King’s Birthday First Monday in October;

(ix) Christmas Eve 24 December 6pm to Midnight

(x) Christmas Day 25 December; and

(xi) Boxing Day 26 December.

(b) Any other day or part day declared or prescribed by or under a law of a state or territory to

be observed generally within the State or Territory (or a region of a State or Territory) as a

public holiday – for example a relevant Regional Show Day.

Day, Boxing Day or New Year’s Day falls on a weekend.

(d) Where the Supervisor and Staff Member who is rostered to work on a public holiday agree,

the Staff Member may work another day instead of the public holiday. The Supervisor must

not exert undue influence or pressure on the Staff Member in relation to agreeing to

50 James Cook University Enterprise Agreement 2022

substitute a public holiday for another day.

(e) A Staff Member who is rostered to work on a public holiday, but is not required to work, will

be paid for the day at ordinary rate of pay for the hours they would normally work on that

day.

(f) Where a public holiday falls on a rostered day off, the Staff Member will be entitled to a day

off in lieu at ordinary time which may be taken at an alternative time within the calendar year

by agreement with their Supervisor.

(g) Where a Staff Member is required to perform work duties (including training) at an

alternative location to their usual place of work on the Show Day holiday they will be given a

day off in lieu, to be taken by mutual agreement with their Supervisor. In all cases a Staff

Member is only entitled to leave on full pay for a Show Holiday once each calendar year.

James Cook University Enterprise Agreement 2022 51

Part E – Consultation and Change

45.

Change Management and Consultation

45.1 A Staff Member may be assisted by a representative, throughout the process under Clause 45,

Change Management and Consultation, and Clause 46, Redeployment and Redundancy.

45.2 Workplace Change

Where the University proposes to introduce changes that are likely to have a significant effect on Staff

the following process will be observed:

(a) Preliminary consideration of change

(i) Where the University, through the Head of the Work Unit, has made a decision to

consider change which is likely to lead to the development of a formal change

proposal, where practical the Head of the Work Unit will undertake informal

discussions with directly affected Staff.

(ii) Any informal discussions will involve all Staff that will be directly affected by the

change.

(iii) The JCC will be advised when informal consultation is occurring.

(iv) Directly affected Staff includes all Staff that hold a substantive position in the work

area that is affected by the change. This includes Staff on secondment or

approved leave.

(v) The formal change process in Clause 45.2(b) will not apply where there are no

significant effects on Staff and where all Staff Members in a work area who are

directly affected by the change have been involved in the consideration of the

change and those Staff Members agree with the proposed change.

(vi) If directly affected Staff Members, or their Representative, advise the University

that they do not agree with the proposed change, then the formal change process

will commence.

(b) Formal change process

(i) The University will develop a formal change proposal where change is likely to

have a 'Significant effect on Staff' as it is likely to lead to one or more of the

following:

A. Termination of employment;

B. Major change in the composition, operation or size of the workforce, or

the skills required by Staff;

C. The elimination or diminution of job opportunities (including opportunities

for promotion or tenure);

D. The alteration of hours of work for a Work Unit;

E. The need to retrain more than one (1) Staff Member within a Work Unit;

F. The need to relocate Staff to another workplace; or

G. The restructuring of jobs

52 James Cook University Enterprise Agreement 2022

(ii) The University will issue the change proposal to directly affected Staff and their

Representative detailing the change. The change proposal will include:

A. The extent and nature of the change proposed, including identifying:

i. what work is no longer to be done by anyone; and/or

ii. what work will be transferred from an existing position to

another existing position (filled or vacant) or new position, and if

so, which positions; and/or

iii. what new work is to be performed in an existing position (filled

or vacant) or new position, and if so, which positions; and/or

iv. what work is to be performed in new positions, and for any new

position, the nature of the employment for that position (type of

employment and classification);

B. Reasons for making the change;

C. The aim of the change;

D. Timeframe for the change;

E. Any work health and safety risk assessments undertaken in relation to

the change;

F. The impact of the change on casual Staffing; and

G. Any relevant financial information.

(iii) The University is not required to disclose "commercial in confidence" information to

the relevant Staff or their Representative in a change proposal or during

consultation.

(iv) The University will circulate the change proposal to members of the JCC.

(i) The University will consult with Staff Members as groups and together with their

Representatives in relation to the specific change proposal.

(ii) Consultation will include:

A. Circulation of specific proposals for consideration;

B. Opportunity from affected Staff, and their Representative to provide

written responses, including alternatives;

C. Meetings to discuss and examine the change proposal and alternatives;

and;

D. Provision of relevant information related to the proposed change and its

implementation.

(iii) Where change affects an individual Staff Member, consultation will include

provision of relevant information and the opportunity to discuss the proposal with

the Staff Member and their Representative.

(iv) Consultation will include consideration of alternative ways of introducing the

change, and measures to avoid detrimental impacts on Staff including voluntary

measures such as retraining, redeployment, Part-Time work including transition to

retirement contracts, job-share and opportunities for voluntary separation.

James Cook University Enterprise Agreement 2022 53

(v) 'Affected Staff' includes all Staff that hold a substantive position in the Work Area

that is affected by the change. This includes Staff on secondment and/or approved

leave.

(vi) Following consultation the University will prepare a Change Plan, which reflects its

decision, taking into account issues and suggestions raised during consultation

and the implementation plan it proposes. The Change Plan will include a response

to the issues and suggestions raised during consultation and will where possible

identify:

A. what work is no longer to be done by anyone; and/or

B. what work will be transferred from an existing position to another existing

position or new position, and if so, which positions; and/or

C. what new work is to be performed in an existing position or new position,

and if so, which positions; and/or

D. what work is to be performed in new positions, and for any new position,

the nature of the employment in that position (type of employment and

classification).

(vii) Where there is a decision which results in there being more Staff Members than

positions, the Change Plan will contain the criteria and process that will be applied

to determine the selection of Staff to be made redundant.

(viii) In implementing the Change Plan, the University will ensure that Staff Members do

not have workloads greater than provided for in this Agreement, or loss of career

prospects, as a result of change.

(ix) The Change Plan will be provided to affected Staff, their representatives, and the

JCC.

45.3 Contracting Out and Outsourcing

(a) The University may make intermittent use of contract labour to meet a short-term need for

particular expertise or a period of high demand for particular activities which cannot be met

from existing Staff resources.

(b) The University will consult with affected Staff and where they choose, their representative,

before engaging any contractors and/or labour hire firms beyond the circumstances outlined

in Clause 45.3(a).

contracted out and, where applicable, the conditions established in the tender documents

and the opportunity to consider reasonable options for undertaking the work using in-house

Staff. In this consultation, the University will communicate with the relevant Staff and their

respective representative as defined in the Agreement on concerning issues including:

(i) safety;

(ii) anticipated number and qualifications (relevant to their expected role) of

contract/labour hire Staff;

(iii) alterations in the working conditions for Staff covered by this Agreement caused by

the proposed use of contractors or labour hire companies;

(iv) appropriate induction and site training (including Occupational Health and Safety)

for contractor Staff; and

(v) the likely duration of the contracting arrangements.

54 James Cook University Enterprise Agreement 2022

(d) In the process of this consultation, the University is not required to disclose "commercial in

confidence" information to the relevant Staff or their respective representative.

(e) Any outsourcing proposal that will have an impact on Staff will be subject to the managing

change provisions prescribed in this clause, except where this is not practicable in cases of

emergency or in circumstances where buildings, plant, equipment, services or health and

safety are threatened and appropriate University Staff Members are not readily available.

45.4 Change to Regular Hours or Rosters

Where the University proposes to introduce a change to the regular roster or ordinary hours of work of

Staff Members the following process will be observed.

(a) Change Process

(i) Where there is a specific change proposal, the University will issue documentation

to directly affected Staff and where they choose, their Representative outlining the

change. The documentation will include:

A. all relevant information about the change, including the nature of the

change; and

B. information about what the University reasonably believes will be the

effects of the change on Staff; and

C. information about any other matters that the University reasonably

believes are likely to affect Staff.

(ii) In the process of this consultation, the University is not required to disclose

"commercial in confidence" information to the relevant Staff or their

Representative.

(iii) The change proposal will be circulated to members of the JCC following

consultation with affected Staff and their Representative.

(b) Consultation

(i) As soon as practicable after proposing to introduce the change, the University

must:

A. discuss with the relevant Staff the introduction of the change; and

B. invite the relevant Staff to give their views about the impact of the change

(including any impact in relation to their family or caring responsibilities).

(ii) The University must give prompt and genuine consideration to matters raised

about the change by Staff.

46.

Redeployment and Redundancy

This clause does not apply to Staff on fixed-term contracts, Casual Staff or Staff who are terminated

due to Disciplinary Action or Underperformance in accordance with Clause 33, Managing

Underperformance.

46.1 Principles

(a) Implementation of change and restructuring will, to the extent possible, prioritise retraining

and redeployment options rather than redundancy.

(b) Staff and management will engage in any workforce adjustment processes constructively

and cooperatively.

James Cook University Enterprise Agreement 2022 55

attrition and voluntary measures.

(d) Transparent procedures and objective criteria will be used to identify positions as surplus.

(e) A work unit may not refuse to accept a Staff Member awaiting redeployment who has a

reasonable match of skills and experience for a vacant position.

46.2 Grounds for Redundancy

(a) The University may decide that the duties performed by a Staff Member are no longer

required for reasons of a financial, technological, structural or similar nature. Such reasons

may include (but are not limited to):

(i) Financial and staffing constraints leading to the rearrangement of functions and

classifications, reduced demand or other workload factors, technological change

and development, or legislative change;

(ii) A decrease in student load or a decision to cease offering, or variation of the

academic content in, any academic program or course or combination or mix of

courses or subjects conducted on one or more campuses, financial exigency within

an organisational unit or cost centre, and/or changes in technology or work

methods;

(iii) Organisational productivity improvement or a restructure within the Staff Member’s

work area.

46.3 Notification of Redundancy

(a) The University will act in accordance with Clause 45, Change Management and

Consultation, and where a decision is made that a Staff Member’s position is no longer

required, notification under this clause will be provided.

(b) A Staff Member whose position is no longer required, will be advised in writing that the

position has become redundant, the reasons why this is to occur and the timeline for this

action.

and/or Representative as defined in this Agreement and will be provided with a copy of this

clause and the relevant policies and procedures.

(d) The Staff Member will be entitled to a notice period of 8 weeks from the date of written

notice (Notification Period)

(e) The Staff Member may be redeployed within the Notification Period in accordance with

Clause 46.4, Redeployment, below.

(f) A Staff Member may apply to have the Notification Period extended if they have taken

personal/sick leave on account of illness during this period. The Director HR will not

unreasonably reject such applications. Where accepted, the Notification Period will be

extended by the period of leave covered by a medical certificate, up to a maximum of six (6)

weeks.

46.4 Redeployment

(a) The University will seek to redeploy a Staff Member whose position is no longer required

into a suitable alternative position within the Notification Period.

(b) A suitable alternative position means a position which has substantially the same duties,

classification level and career standing as the redundant position, for which the Staff

Member currently possesses the skills and experience (or could reasonably be expected to

develop the required skills within a limited period) to satisfactorily perform the duties of the

position.

56 James Cook University Enterprise Agreement 2022

accrued entitlement liability to a receiving area. The Staff Member will retain continuity of

service and leave entitlements.

(d) Where the University cannot identify a suitable alternative position the Staff Member may

elect to seek redeployment to other positions. A Staff Member seeking redeployment will be

considered for all suitable vacant positions. If the Staff Member meets the selection criteria

for the position, or could be expected to meet the selection criteria with appropriate training

within a reasonable timeframe, they will be appointed to the position.

(e) Redeployment may include transfer to a suitable position elsewhere in the University, that is

occupied by a Staff Member with continuing employment who expresses interest in

terminating their employment with the University by way of a voluntary redundancy.

(f) Where a Staff Member agrees to be redeployed to a position with a lower classification,

salary maintenance of 26 weeks will be paid at the pre-transfer salary rate.

(g) After receiving salary maintenance for a period of 26 weeks, the Staff Member will then be

paid the salary applicable to the classification of the position into which redeployment

occurred and a redundancy payment will not be applicable.

(h) Staff who wish to use the redeployment period to find alternative work outside the University,

will be provided with reasonable outplacement support and time for job search activities and

attending interviews without loss of pay.

(i) Staff will not be entitled to a redundancy payment where the University offers a suitable

alternative position.

46.5 Date of Termination of Employment

(a) If the Staff Member cannot be redeployed within the Notification Period, the University will

notify the affected Staff Member in writing of the date of termination of employment,

including details of the Redundancy Payment in accordance with Clause 46.6 below.

(b) Should the Staff Member not wish to seek to be considered for redeployment, they may

cease employment with the University on a date agreed between the Staff Member and the

University.

advise that they no longer wish to seek redeployment, and may cease employment with the

University on a date agreed.

(d) The termination date shall be no later than the expiration of the Notification Period, or a later

date by agreement between the Staff Member and the University.

(e) If the date of termination falls within the Notification Period, the Staff Member will be paid the

balance of the Notification Period remaining.

46.6 Redundancy Payment

(a) A redundancy payment will comprise (A) + (B) + (C) + (D), plus the remaining balance of

Notification Period (if any), as prescribed in Table 1 of this Clause 46.6(a), provided that (A)

+ (B) will not exceed 70 weeks in total.

Table 1

A Age of Staff Membe

Weeks

45 years or over 22 weeks

40-44 years 20 weeks

39 years or under 18 weeks

B Each completed year of continuous

service by the Staff Membe

Weeks

Less than and equal to 10 years 3 weeks for every year

James Cook University Enterprise Agreement 2022 57

More than 10 years 2 weeks for every year in excess

of 10 years

C Payment of accrued Annual Leave and Annual Leave loading at date of

termination.

D Payment of accrued and pro-rata Long Service Leave at date of termination.

This only applies for Staff Members with seven or more years' continuous

service.

(b) Payments will be calculated on the Staff Member’s weekly Ordinary Rate of Pay for their

ordinary hours of work. Where the Staff member is regularly paid shift or penalty rates, the

salary used for calculation purposes will be based on the average of the Staff Member’s

fortnightly salary calculated over the preceding twelve months (including superannuable shift

and penalty payments), at the date of ceasing employment.

calculations will be based on the equivalent years of service at their employment fraction on

the date of ceasing employment. For staff who have held casual appointments those will not

be included in the calculations.

58 James Cook University Enterprise Agreement 2022

Part F – Conduct and Disputes

47.

Dispute Resolution

(a) If a dispute relates to a matter under this Agreement, or the NES, the parties to the dispute

must first attempt to resolve the matter at the workplace level by discussions between the

Staff Member or Staff Members concerned (and their Support Person and/or

Representative) and their Supervisor within five working days.

(b) If the dispute remains unresolved after five working days from the referral to the Supervisor

under (a), a Staff Member or Staff Members concerned (or their Support Person and/or

Representative) may refer the dispute to the Head of Work Unit, who will attempt to resolve

the dispute within five working days.

Work Unit under (b), a Staff Member or Staff Members concerned (or their Support Person

and/or Representative) may refer the dispute to the Director, HR, who will attempt to resolve

the dispute in a timely manner, including through discussions with more senior levels of

management where appropriate, or through alternative dispute resolution methods.

(d) If the dispute remains unresolved following steps (a), (b) and (c) a party to the dispute (or

their Support Person and/or Representative) may refer the matter to the Fair Work

Commission.

(e) The Fair Work Commission may deal with the dispute in 2 stages:

(i) The Fair Work Commission will first attempt to resolve the dispute as it considers

appropriate, including by mediation, conciliation, expressing an opinion or making

a recommendation; and

(ii) If the Fair Work Commission is unable to resolve the dispute at the first stage, the

Fair Work Commission may then:

A. arbitrate the dispute; and

B. make a determination that is binding on the parties.

(f) Resolution of disputes is to occur in good faith by following the same principles as the good

faith bargaining requirements in section 228 of the Fair Work Act 2009.

(g) While the parties are trying to resolve the dispute using the procedures in this clause:

(i) A Staff Member must continue to perform their work as they would normally unless

they have a reasonable concern about an imminent risk to their health or safety;

and

(ii) Work shall continue in the normal manner;

(iii) No industrial action shall be taken by any party to the dispute or to the Agreement;

(iv) The University shall not change work, staffing or the organisation of work if such is

the subject of the dispute, or take any action likely to exacerbate the dispute.

(h) The parties to the dispute agree to be bound by a decision made by the Fair Work

Commission in accordance with this clause.

James Cook University Enterprise Agreement 2022 59

48.

Resolution of Grievances

(a) The University will maintain a fair and transparent process for the resolution of grievances

by Staff regarding employment-related matters.

(b) Resolution of grievances will be carried out in accordance with the Resolution of Grievances

Procedure. This procedure will not be amended without agreement from the JCC.

particular matter in another way or the matter is able to be dealt with under Clause 47,

Dispute Resolution, this procedure shall not be available. In which case, a senior nominee

from the Human Resources Directorate will advise the aggrieved Staff Member of the

alternative procedures available.

(d) Where a University decision, action or inaction gives rise to a grievance, the University will,

where possible, refrain from such action, inaction, policy change or decision during the

period that it takes for the complaint to be resolved. The status quo of the Staff Member

concerned, shall, where possible, remain unchanged in all other respects.

(e) Where two (2) or more Staff Members believe they have a common grievance they may

initiate grievance resolution procedures jointly and the matter shall be dealt with as a single

grievance.

(f) Grievance resolution procedures shall not be used to challenge decisions of the University

Council, or/and procedures required by industrial legislation, regulations, awards or duly

executed agreements between the University and a relevant Union.

(g) The University agrees not to seek decisions of the University Council concerning any matter

during the period the matter is subject to the grievance procedures.

(h) If the matter is not resolved after the parties have worked through the grievance process,

either party has the right to refer the matter to the Fair Work Commission for resolution.

Parties agree to be bound by the decision of the Fair Work Commission.

(i) A Staff Member may be supported or represented in these discussions as per the definition

in this Agreement. However, Staff Members who are represented by a representative as per

the definition must continue to participate in the grievance process, including by attending

meetings that relate to the grievance process.

49.

Abandonment of Employment

Where a Staff Member has been absent from work for a continuous period of five (5) business days

without approval from their Supervisor, the following will apply:

(a) The University will make reasonable attempts to contact the Staff Member (including where

appropriate sending a registered letter), using their contact details such as their University

email account (as last notified to the University), requiring the Staff Member to provide an

explanation for the absence.

(b) The Staff Member will be deemed to be on unauthorised leave without pay for the period of

the absence. If the Director, HR, considers there was reasonable cause for the absence, the

Staff Member may apply for an appropriate form of leave to cover the absence.

reasonable cause for their absence or they were on duty during the absence, their salary will

be reinstated and they will be back paid for the period of absence.

(d) If the Staff Member does not establish to the satisfaction of the Director, HR, that there was

a reasonable cause for their absence, they may apply for an appropriate form of leave to

cover the absence, including leave without pay if applicable.

60 James Cook University Enterprise Agreement 2022

(e) If the Staff Member does not establish to the satisfaction of the Director, HR, that there was

a reasonable cause for their absence, and the Staff Member resumes duty within 15 working

days of the date of contact, the matter will be considered under Clause 50,

Misconduct/Serious Misconduct.

(f) If the Staff Member does not establish to the satisfaction of the Director, HR, that there was

a reasonable cause for their absence, and the Staff Member does not resume duty within 15

working days of the date of contact, the Staff Member will be deemed to have abandoned

their employment and their contract terminated. In this case, the Staff Member will be

entitled to payment in lieu of notice in accordance with the notice period in the NES and any

outstanding leave entitlements. Payment will be made to the last bank account details

notified to the University.

(g) If the Staff Member fails to respond within 15 working days of the date of communication,

the Staff Member will be deemed to have abandoned their employment and will receive

payment in lieu of notice in accordance with the notice period in the NES and any

outstanding leave entitlements. Payment will be made to the last bank account details

notified to the University.

50.

Misconduct/Serious Misconduct

50.1 General Principles

(a) The principles of procedural fairness and natural justice will be applied to all Misconduct and

Serious Misconduct processes outlined in this clause.

(b) Matters involving underperformance are not considered Misconduct and are dealt with

separately under Clause 33, Managing Underperformance.

and Investigating Potential Breaches of the JCU Code for the Responsible Conduct of

Research procedure. Where it is established that a Staff Member has engaged in research

misconduct in accordance with the Procedure, the Director, HR is under no obligation to

appoint an investigator under Clause 50.3(c) unless the Staff Member, in their response

under Clause 50.3(b) raises new matters relevant to the determination of whether the

research misconduct should be considered Misconduct or Serious Misconduct under this

Agreement and those matters warrant further investigation or the Staff Member makes such

a request under Clause 50.3(d).

(d) A Staff Member may be supported and/or represented by a Support Person and/or

Representative, as defined in the Agreement throughout this process.

(e) In the event of allegations of Serious Misconduct, the parties acknowledge that the

University may have an obligation to refer the conduct to the Crime and Corruption

Commission. The parties acknowledge that such referral may impact on the timeframes and

ability for the University to respond and investigate matters under this clause.

(f) The confidentiality of all parties involved in the management of Misconduct and Serious

Misconduct processes will be respected and all information gathered and recorded will

remain confidential, subject to the University’s obligations:

(i) to discharge its responsibilities under an Act;

(ii) for a proceeding in a court or tribunal; or

(iii) unless the person to whom the confidential information relates, consents in writing

to the disclosure of the information or record; or if no consent is obtainable and

such disclosure is unlikely to harm the interests of the person affected; or

(iv) unless the information is already in the public domain.

James Cook University Enterprise Agreement 2022 61

50.2 Initial Informal Action – Misconduct

(a) Where a Supervisor has concerns about the conduct of a Staff Member the Supervisor will,

initially, where appropriate to do so, attempt to deal with the conduct concerns informally

and identify and discuss with the Staff Member:

(i) the specific conduct concerns;

(ii) any interim or specific corrective action required;

(iii) referral to any appropriate assistance and/or counselling required to address the

issue/s; and

(iv) a reasonable review timeframe in which to address the issue/s.

(b) Where the Supervisor determines that the Staff Members’ conduct does not constitute

Misconduct, the Staff Member will be advised and no further action will be taken under this

clause.

necessary, the Supervisor should seek, in the first instance, to improve the Staff Member’s

conduct through reasonable guidance, counselling or other appropriate action.

(d) The Supervisor will review progress towards improving the identified conduct issue/s with

the Staff Member regularly during the period of review.

(e) Where the Staff Member’s conduct is satisfactorily resolved through informal action, no

further action will be taken.

(f) Where the matter has not been resolved through initial informal action, or it is not

appropriate due to the nature of the allegations, the Supervisor will refer the matter to the

Director, HR for consideration.

(g) The Director, HR can determine whether the matter:

(i) can be resolved informally; or

(ii) requires further review; or

(iii) requires formal allegations.

50.3 Formal Allegations

(a) Where after considering Clause 50.2(g), the Director, HR concludes that the matter requires

formal allegation(s) of Misconduct or Serious Misconduct, the Director, HR will provide the

allegations to the Staff Member in writing, with sufficient detail to enable to Staff Member to

understand that allegations(s) and to properly consider and respond to them, including any

relevant documents.

(b) The Staff Member will have 10 working days from the receipt of the allegations to submit a

written response to the Director, HR.

an investigation is required to more fully establish the circumstances. The Director, HR may

appoint an Investigator who may be internal or external to the University and must be

independent to the parties and matter.

(d) An investigation will be undertaken where a Staff Member makes such a request in their

response to the allegations.

(e) Where an investigation is required, and where possible and practicable, the investigation

should be conducted within twenty (20) working days of the Investigator being appointed or

the Staff Member being advised in writing of the allegations requiring their response.

62 James Cook University Enterprise Agreement 2022

(f) The Staff Member will be offered the opportunity to be interviewed by the Investigator and

nominate people to be interviewed if relevant to the allegations.

(g) Regardless of whether the Staff Member has responded or not responded, after giving the

Staff Member an opportunity to respond, the Director HR will review all evidence and make

a determination in accordance with Clause 50.4(a) or Clause 50.4(b).

50.4 Determination by the relevant Delegate

(a) Where the Director, HR determines that no formal action under this clause is warranted, no

further action will be taken and the Staff Member will be advised in writing of the decision.

(b) Where the Director, HR, considers that there has been Misconduct or Serious Misconduct,

without reasonable excuse, the Director, HR will make a recommendation to the relevant

Deputy Vice-Chancellor regarding appropriate Disciplinary Action.

delegated to another Deputy Vice-Chancellor.

(d) The Staff Member will be provided written notice of the determination as to whether there

has been any Misconduct or Serious Misconduct and any Disciplinary Action to be taken.

(e) For the avoidance of doubt, in the event that a Staff Member has been found to have

engaged in Serious Misconduct and their employment is subsequently terminated, no period

of notice is payable to the Staff Member.

50.5 Opportunity to provide final submission

With the exception of a censure, where the Staff Member has been provided written notice of the

determination in accordance with Clause 50.4(d) above, they will have the opportunity to provide the

Vice-Chancellor with a written submission as to why the penalty or termination of employment should

not be imposed. Any such submission must be made within (5) working days of receipt of the Deputy

Vice Chancellor’s notice of decision. Where termination of employment is the disciplinary action

outcome the Staff Member will not be required to attend work following receipt of the notice of

determination.

50.6 Final Determination by Vice-Chancellor

(a) Upon receipt of any written submission the Vice-Chancellor will undertake a review of the

decision and advise the Staff Member of the outcome, in writing within 10 working days of

receipt of the submission.

(b) All actions of the Vice Chancellor under this clause will be final, except that nothing in this

clause will be construed as excluding the jurisdiction of any external court or tribunal which,

but for this clause would be competent to deal with the matter.

50.7 Suspension

(a) The Director, HR may, at any time while the process for managing Misconduct or Serious

Misconduct is in progress, suspend a Staff Member with pay, or without pay.

(b) Suspension of a Staff Member without pay may occur where the alleged Misconduct or

Serious Misconduct is of a nature that causes imminent and/or serious risk to the health or

safety of a person; and/or the Staff Member’s continued presence in the workplace

otherwise presents a serious risk to the University, its Staff, students and/or visitors and/or

could influence the impartiality of an investigation process or where otherwise required by

the Crime and Corruption Commission. Where this occurs, the Staff Member may draw on

accrued annual leave or long service leave entitlements. Any lost salary and other

entitlements will be reimbursed if it is ultimately determined there has been no Misconduct or

Serious Misconduct. A Staff Member can only be suspended without pay for a maximum of

twenty (20) working days. Where suspension without pay occurs and there is genuine

hardship the relevant Deputy Vice Chancellor may direct that salary be paid.

James Cook University Enterprise Agreement 2022 63

absence, the Staff Member will continue to receive a salary for the period of leave of

absence.

(d) A Staff Member who has been suspended must not attend the grounds of the University

without prior approval from the Director, HR. The Director, HR may, on application by the

Staff Member, consider granting permission for a Staff Member to attend a specific part of

the University for purposes such as preparing their response to the allegations.

51.

Managing Ill Health and Injury

(a) The University is committed to ensuring that ill and injured Staff Members are able to safely

perform their duties. The Director, HR, may require a Staff Member whose capacity to

perform the duties of their position is in doubt to undergo a medical examination by a

medical practitioner or an assessment by a suitably qualified allied health professional

chosen by the University at the expense of the University.

(b) The University will not terminate the employment of a Staff Member in circumstances

prohibited by law, including the circumstances stated in section 352 of the Fair Work Act and

regulation 3.01 of the Fair Work Regulations 2009 (Cth) and section 232B of the Workers'

Compensation and Rehabilitation Act 2003 (Qld).

weeks that a medical examination is required.

(d) Where a Staff Member elects to apply to the relevant superannuation fund, prior to the

expiry of the period of notice, for ill health retirement or temporary disability benefit in

accordance with the rules of the superannuation fund, the requirement for a medical

examination/assessment under Clause 51(a) will lapse immediately and no further action

will, subject to Clause 51(d), be taken by the Vice Chancellor or the Director, HR, under this

Clause.

(e) Where the superannuation fund:

(i) determines a Staff Member is ineligible because of a pre-existing medical

condition; or

(ii) decides that a Staff Member, following a period of receipt of a temporary disability

benefit, is capable of resuming work and the Vice Chancellor elects to dispute this

decision

the Director, HR, may proceed under this Clause without further recourse to the provisions

of Clause 51(b) and 51(d).

(f) A copy of the medical report made by the medical practitioner or allied health professional in

accordance with Clause 51(a) will be made available to the Director, HR, and to the Staff

Member.

(g) The Vice Chancellor, having received the medical report, may, subject to Clause 51(h)

terminate the employment of the Staff Member with notice as required by this Agreement if:

(i) The examination was conducted by a medical practitioner and it reveals that the

Staff member is unable to perform the assigned duties and is unlikely to be able to

resume them within a reasonable period, being not less than 12 months; or

(ii) The examination/assessment was conducted by an allied health professional and it

reveals that the Staff member is unable to perform the assigned duties and is

unlikely to be able to resume them within a reasonable period, being not less than

12 months; and

(iii) A further opinion is sought from a medical practitioner at the expense of the

University and the medical practitioner’s examination confirms the allied health

64 James Cook University Enterprise Agreement 2022

professional’s opinion. No action will be taken against the Staff Member until the

further opinion is received from the medical practitioner.

(iv) Prior to taking action to terminate the employment of the Staff Member, the Vice

Chancellor may offer the Staff Member the opportunity to submit a resignation and,

if such a resignation is offered, will accept it and not proceed with action to

terminate employment.

(v) A copy of the medical practitioner’s report will be provided to the Staff Member.

(h) Within 14 days of the medical report being made available, where the Staff Member or their

Support Person and/or Representative as defined by this Agreement requests, the Vice

Chancellor will not terminate the employment of the Staff Member until the findings of the

report are confirmed by either:

(i) a panel consisting of three medical practitioners; one of whom will be appointed by

the University, one by the Staff Member or by a person acting on the Staff

Member’s behalf, and one by the President of the State branch or Territory of the

Australian Medical Association or their representative. The Panel will not include

the medical practitioner who made the initial report; or

(ii) an independent medical specialist agreed between the Director, HR, and the Staff

Member.

(i) In making an assessment as to whether or not a Staff Member is unable to perform

assigned duties and is unlikely to be able to resume those duties within a reasonable period,

the medical practitioner appointed in accordance with Clause 510 will as far as possible,

apply the same standards as are used by the Staff Member’s superannuation scheme in

determining qualification for the payment of a disablement pension or other similar benefit.

(j) At any stage of these procedures, the Vice Chancellor may construe a failure without

reasonable cause by a Staff Member to undergo a medical examination that they were

directed to attend as evidence at face value that they will be unable to perform their duties

and may terminate the employment on the grounds of ill health.

(k) Where employment ceases due to ill health, the number of years of continuous service

required to have been completed by that Staff Member before being entitled to long service

leave will be five (5) years.

(l) Where the Superannuation Fund determines that a Staff Member is totally and permanently

incapacitated, the University may terminate the Staff Member’s employment without any or

further recourse to the procedures specified in Clause 51(a) and 51(b) to 51(i) above.

James Cook University Enterprise Agreement 2022 65

Schedule 1 Salaries

Academic Staff – Full-Time

Level

31/12/2021 01/07/2023

5.5%

01/07/2024

3.25%

01/07/2025

31/12/2025

2.75%

E $182,369.76 $192,400.10 $198,653.10 $204,612.69 $210,239.54

D10 $142,460.25 $150,295.56 $155,180.17 $159,835.57 $164,231.05

20 $147,151.65 $155,244.99 $160,290.45 $165,099.17 $169,639.39

30 $151,848.49 $160,200.16 $165,406.66 $170,368.86 $175,054.01

40 $156,540.97 $165,150.72 $170,518.12 $175,633.67 $180,463.59

C10 $118,983.68 $125,527.78 $129,607.44 $133,495.66 $137,166.79

20 $122,507.68 $129,245.60 $133,446.08 $137,449.47 $141,229.33

30 $126,026.22 $132,957.66 $137,278.79 $141,397.15 $145,285.57

40 $129,549.12 $136,674.32 $141,116.24 $145,349.72 $149,346.84

50 $133,064.40 $140,382.94 $144,945.39 $149,293.75 $153,399.33

60 $136,591.66 $144,104.20 $148,787.59 $153,251.22 $157,465.62

B10 $97,856.08 $103,238.16 $106,593.40 $109,791.21 $112,810.47

20 $101,380.08 $106,955.98 $110,432.05 $113,745.02 $116,873.00

30 $104,897.53 $110,666.89 $114,263.57 $117,691.48 $120,927.99

40 $108,421.52 $114,384.70 $118,102.21 $121,645.27 $124,990.52

50 $111,941.15 $118,097.91 $121,936.10 $125,594.18 $129,048.02

60 $115,465.14 $121,815.72 $125,774.73 $129,547.98 $133,110.55

A10 $69,717.53 $73,551.99 $75,942.43 $78,220.71 $80,371.78

20 $73,440.79 $77,480.03 $79,998.13 $82,398.08 $84,664.03

30 $77,197.84 $81,443.72 $84,090.64 $86,613.36 $88,995.23

66 James Cook University Enterprise Agreement 2022

40 $80,954.88 $85,407.40 $88,183.14 $90,828.63 $93,326.42

50 $84,005.14 $88,625.42 $91,505.75 $94,250.92 $96,842.82

60 $87,056.51 $91,844.62 $94,829.57 $97,674.46 $100,360.50

70 $90,108.97 $95,064.96 $98,154.57 $101,099.21 $103,879.44

80 $93,159.24 $98,283.00 $101,477.20 $104,521.51 $107,395.85

Professional and Technical Staff – Full-Time

LEVEL STEP 31/12/2021

01/07/2023

5.5%

01/07/2024

3.25%

01/07/2025

31/12/2025

2.75%

HEWL01

*Research

Worker

10 $48,919.88 $51,610.47 $53,287.81 $54,886.45 $56,395.83

20 $49,966.41 $52,714.56 $54,427.79 $56,060.62 $57,602.29

30 $51,014.03 $53,819.80 $55,568.95 $57,236.01 $58,810.00

HEWL02

*Research

Worker

10 $52,583.26 $55,475.34 $57,278.29 $58,996.64 $60,619.04

20 $53,897.69 $56,862.06 $58,710.08 $60,471.38 $62,134.35

30 $54,680.66 $57,688.10 $59,562.96 $61,349.85 $63,036.97

HEWL03

*Research

Worker

10 $55,204.49 $58,240.74 $60,133.56 $61,937.57 $63,640.85

20 $57,302.96 $60,454.62 $62,419.40 $64,291.98 $66,060.01

30 $59,396.02 $62,662.80 $64,699.34 $66,640.32 $68,472.93

40 $61,751.53 $65,147.86 $67,265.17 $69,283.12 $71,188.41

HEWL04

*Research

Worker

10 $63,063.75 $66,532.26 $68,694.55 $70,755.39 $72,701.16

20 $64,374.92 $67,915.54 $70,122.80 $72,226.48 $74,212.71

30 $65,683.88 $69,296.49 $71,548.63 $73,695.09 $75,721.70

40 $66,991.77 $70,676.32 $72,973.30 $75,162.50 $77,229.47

HEWL05

*Research

Worker

10 $68,302.92 $72,059.58 $74,401.52 $76,633.56 $78,740.99

20 $71,443.58 $75,372.98 $77,822.60 $80,157.28 $82,361.60

30 $74,591.87 $78,694.42 $81,251.99 $83,689.55 $85,991.01

40 $77,471.17 $81,732.08 $84,388.38 $86,920.03 $89,310.33

James Cook University Enterprise Agreement 2022 67

HEWL06

*Research

Worker

10 $78,782.32 $83,115.35 $85,816.60 $88,391.09 $90,821.85

20 $80,876.46 $85,324.67 $88,097.72 $90,740.65 $93,236.02

30 $82,972.77 $87,536.27 $90,381.20 $93,092.64 $95,652.68

40 $85,329.36 $90,022.47 $92,948.21 $95,736.65 $98,369.41

HEWL07

*Research

Worker

10 $86,638.35 $91,403.46 $94,374.07 $97,205.29 $99,878.44

20 $89,784.44 $94,722.58 $97,801.07 $100,735.10 $103,505.32

30 $92,925.12 $98,036.00 $101,222.17 $104,258.84 $107,125.95

40 $95,805.50 $101,074.80 $104,359.73 $107,490.53 $110,446.52

HEWL08 10 $97,118.84 $102,460.38 $105,790.34 $108,964.05 $111,960.56

20 $101,833.09 $107,433.91 $110,925.51 $114,253.28 $117,395.24

30 $106,548.45 $112,408.61 $116,061.89 $119,543.75 $122,831.20

40 $111,524.06 $117,657.88 $121,481.76 $125,126.22 $128,567.19

HEWL09 10 $112,866.80 $119,074.47 $122,944.39 $126,632.73 $130,115.13

20 $114,927.18 $121,248.17 $125,188.74 $128,944.40 $132,490.37

30 $117,022.41 $123,458.64 $127,471.05 $131,295.18 $134,905.80

40 $119,381.17 $125,947.13 $130,040.42 $133,941.63 $137,625.02

HEWL10 A $120,693.40 $127,331.54 $131,469.81 $135,413.91 $139,137.79

HEWL10 B $132,904.31 $140,214.05 $144,771.00 $149,114.13 $153,214.77

Casual Academic Staff

3.1 Casual Academic Duties and Rates

Casual Academic Staff are paid for work performed on an hourly basis as per the rates in table 1 or 2.

Staff engaged in lecturing, tutoring or clinical activities will also be provided associated preparation

time as per the rates in table 1.1, 1.2, and 1.3.

The hourly rate of pay for preparation in 1.1, 1.2, and 1.3 should be paid at the same rate as the

lecturing and tutoring for which the preparation has taken place.

Casual Academic Staff will be paid at the relevant Other Required Academic Duties hourly rate

specified in this Clause for all additional hours of work not contemplated by, and in excess of, the

associated working time for lectures, tutorials, music accompanying, and undergraduate clinical nurse

68 James Cook University Enterprise Agreement 2022

education. Casual staff must seek prior written approval from their Supervisor before undertaking work

which would be captured by this Clause.

Casual Academic Staff should be engaged and paid for at least 2 hours of work on each occasion

they are required to attend work for the University, inclusive of an incorporated time and payment for

preparation or associated working time provided for in this clause.

TABLE 1

Lecture and High-level marking include:

• Lecturing or Seminar

• Marking Moderation or

• Marking requiring Academic level B judgement

Tutoring and Other Academic Duties Requiring Full Subject Coordination or Where the Staff Member

Holds a PhD includes:

• Tutorial or Workshop where full subject coordination is required or

• Tutorial or Workshop where the Staff Member holds a relevant PhD or

• Repeat tutorial or Workshop where the Staff Member holds a PhD

• Clinical Education where full subject coordination is required or

• Clinical Education where the Educator holds a PhD or

• Casual Marking where subject coordination is required or

Rate Hourly Rate

31/12/2021

Hourly Rate

01/07/2023

Hourly Rate

01/07/2024

Hourly Rate

01/07/2025

Hourly Rate

31/12/2025

Lecture and /or

Seminar and

High-Level

Marking

activities

$64.12 $70.70 $73.00 $75.19 $77.25

Tutorial and

Other Required

Academic

Duties

Requiring Full

Subject

Coordination

or Where the

Staff Member

Holds a PhD

$54.89 $60.71 $62.68 $64.56 $66.34

Tutorial and/or

Other Required

Academic

Duties/Clinical

Education /

Standard

Marking

$46.13 $51.22 $52.88 $54.47 $55.96

Medically

and/or Dental

Science

qualified

demonstrators

$96.39 $102.62 $105.95 $109.13 $112.13

James Cook University Enterprise Agreement 2022 69

• Casual marking where the Staff Member holds a PhD

• Other Required Academic Duties where full subject coordination is required or

• Other Required Academic Duties where the Staff Member holds a PhD

• Specialised Activities where full subject coordination is required or

• Specialised Activities where the Staff Member holds a PhD

Tutorial and/or Other Academic Duties includes:

• Casual Tutorial or

• Casual Tutorial where it is a repeat tutorial or

• Clinical Education where little or normal preparation is required

• Standard marking or

• Practical classes, demonstrations and workshops or

• Development of teaching and subject materials or

• Consultation with students or

• Attendance at meeting or training or

• Other required academic services

Other Required Academic Duties includes: all other work that is required to be performed by a

person, acting as or on behalf of the University and is so performed by the Staff Member, being

work in the nature of, but not limited to:

• the conduct of practical classes (i.e., computer sessions and specialised laboratory classes),

demonstrations, student field excursions;

• simulation

• professional experience

• the conduct of performance, media arts or visual art studio sessions; musical coaching and

repetiteurship;

• development of teaching and subject materials such as the preparation of subject outline

and guides, reading lists and basic activities associated with subject coordination;

• consultation with students;

• supervision;

• attendance at departmental and/or faculty meetings or induction sessions as required;

• attendance and participation in approved training and development including mandatory

training;

• where directed to, attend at a lecture and other teaching activities; and

• oversight of and input into on-line discussions such as blogs, discussion boards, wiki’s etc.

70 James Cook University Enterprise Agreement 2022

Medically and/or Dental Science qualified demonstrators includes: all work involved in demonstrations

undertaken by Medical and/or Dental Qualified staff members.

Preparation for activities:

Preparation time for lectures, seminars, tutorials and clinical activities is set out in Table 1.1, 1.2 and 1.3

below. Preparation time is not provided for marking and/or other required academic duties.

Lecture shall include the following:

a. a class described as a lecture in a university handbook or timetable; or

b. a seminar described as a seminar in a university handbook or timetable

c. Equivalent delivery through modes other than a face-to-face teaching(for example, on-line or

blended learning).

A casual Academic Staff Member required to provide a lecture or seminar of a specified duration will be

paid for the associated non-contact duties in the nature of preparation, marking conducted during the

hour(s) of delivery, and student consultation shall be paid at a rate for each hour of lecture or seminar

delivered according to the table below.

TABLE 1.1

Lecture/Seminar

Type

Summary of Activity Total Hours to

be Paid per 1

Hour of Student

Contact

Total Hours includes

Preparation Time of:

Basic Lecture and associated teaching

material already exist and the casual

lecturer only requires familiarisation

with the material.

3 2

Developed New lecture on material which is

conceptually basic or existing lecture

requiring considerable updating and

revision.

4 3

Specialised New lecture on conceptually complex

material.

5 4

Repeat The same lecture within a four-week

period and any marking conducted

during the hour(s) of delivery and

student consultation reasonably

contemporaneous with it.

2 1

A tutorial shall be a class described as a tutorial or workshop in a university handbook or timetable and is

neither a lecture nor a demonstration, nor musical accompanying nor clinical education. To avoid

doubt, it includes equivalent presentation by a mode of delivery other than a class (for example, on-line

delivery).

A casual Academic Staff Member required to deliver or present a tutorial/ workshop of a specified duration

(or equivalent delivery through other than face-to-face teaching mode) will be paid for the associated non-

contact duties in the nature of preparation, marking conducted during the hour(s) of delivery and student

consultation shall be paid at a rate for each hour of tutorial/workshop delivered or presented according to

the table below.

TABLE 1.2

Tutorial/Workshop

Type

Summary of Activity Total Hours to be

Paid per 1 Hour

of Student

Contact

Total Hours includes

Preparation Time of:

Tutorial/Workshop Standard tutorial/Workshop 3 2

Repeat The same tutorial within a

four-week period and any

marking conducted during

2 1

James Cook University Enterprise Agreement 2022 71

the hour(s) of delivery and

student consultation

reasonably

contemporaneous with it.

PhD qualification/full

subject co-ordination

A standard tutorial in

circumstances where full

subject coordination duties

are included as part of

normal duties or the Staff

Member holds a relevant

doctoral qualification.

3 2

Clinical Education: shall mean the practical supervision of students, which may include demonstration to

students of techniques and methods, in a clinical or like setting

A casual Academic Staff Member required to provide undergraduate clinical health education with directly

associated-non contact duties in the nature of preparation, marking conducted during the hour(s) of

delivery and student consultation shall be paid at a rate for each hour of clinical education delivered

according to below table.

TABLE 1.3

Activity Total Hours to be Paid

per 1 Hour of Student

Contact

Total Hours includes

Preparation Time of:

1. Standard preparation or

2. Standard preparation with PhD

qualification/full subject co-

ordination

2 1

1. Little preparation

2. Little preparation with PhD

qualification/full subject co-

ordination

1.5 0.5

Marking: A casual academic required to undertake marking will be paid at the appropriate rates for

each hour work marking. Each academic unit will have a guideline which details the expectations of

marking of student assessment by casual Academic Staff.

CASUAL INDUSTRY RATES OF PAY

Table 2

Category Hourly Rate

01/07/2023

Hourly Rate

01/07/2024

Hourly Rate

01/07/2025

Hourly Rate

31/12/2025

Industry Associate

Equivalent to an

Academic B Step 20

with casual loading

$70.70 $73.00 $75.19 $77.25

Industry

Professional

Equivalent to an

Academic C Step 10

with casual loading

$82.98 $85.67 $88.24 $90.67

Industry Specialist

Equivalent to an

Academic C Step 40

with casual loading

$90.34 $93.28 $96.08 $98.72

72 James Cook University Enterprise Agreement 2022

Duties

• Contribute to the development/development teaching and subject materials including materials for

lectures/tutorials/workshops/online delivery, subject outline and guides, reading lists and activities

associated with subject coordination.

• Guest presentations

• Demonstration/Practical experiences

Skills and Experience – Industry Associate

A relevant undergraduate degree with up to 5 years’ experience in the industry.

Skills and Experience – Industry Professional

A relevant undergraduate degree with 5-7 years’ experience in the industry or a relevant postgraduate degree.

Skills and Experience – Industry Specialist

A relevant undergraduate degree with more than 7 years’ experience in the industry or a relevant

postgraduate degree with at least 3 years’ experience in the industry.

James Cook University Enterprise Agreement 2022 73

Schedule 2 Loadings and Allowances

Loading/Allowance Staff Member

other documents to communicate

ideas or concepts related to complex

or sensitive issues. This may involve

policies and guidelines, implication for

legal and/or financial and/or University

systems; including submissions to

government, complex quotations or

project outlines, consultancy contracts

and business plans.

Prepares speeches, articles, papers,

reports or other material with wide

application as a principal author,

seeking to influence an audience of

critical importance to the University,

profession or discipline (e.g.,

conference presentation).

James Cook University Enterprise Agreement 2022 87

1.8 DOMAIN MATRIX 8: ORAL COMMUNICATION AND INTERPERSONAL SKILLS

Note: Communication takes into consideration social, cultural and linguistic diversity

SOUND EFFECTIVE WELL DEVELOPED HIGH LEVEL

Primarily in contact with supervisor,

co-workers and peers within the work

group and is expected to

communicate information effectively

and courteously.

Is in contact with people within and

outside the work group in order to

provide or obtain information and/or

services. Contact is with students,

Staff and visitors personally and by

phone.

Provides routine instruction on the

use of equipment.

May impact on work relate opinions

and attitudes of others, either inside

the University or outside it.

Works as part of a team which has to

coordinate its own workflow. Each

member communicates effectively

and resolves conflict in order for the

team to construct solutions for

achieving objectives.

Demonstrates work practices and/or

techniques in the use of specialised

equipment.

Negotiates contractual/other

arrangements with internal or external

suppliers, including offshore,

departments or agencies on matters

that may impact on the work area, cost

Centre or University.

Coordinates or assists in the

development and implementation of

policies or systems or plans within the

University.

Guides and supports others to resolve

workplace difficulties.

Provides case management of

sensitive matters in accordance with

relevant policies and procedures.

Works as part of a team to actively

encourage and support team members

to participate in decision making

processes, assume responsibility and

authority. Provides appropriate

feedback and maintains team

commitment.

Provides instruction to groups.

Facilitates workshops or information

seminars.

Negotiates and takes responsibility for

contractual/other arrangements with

internal or external supplies, including

offshore, departments or agencies on

matters that will impact on the work

area or Cost Centre or University.

Manages and negotiates the

implementation of policies or systems

or plans within the University.

Manage negotiations in complex or

sensitive situations to achieve results

acceptable to participants in

accordance with University and

legislative requirements.

Works as part of a team to manage

and develop team performance and

identify opportunities for continuous

improvement.

Creates relevant learning

opportunities, facilitate and promote

learning, monitor effectiveness.

Use a variety of methods (coaching,

presentations, mentoring, and training)

to motive/direct others and obtain

co-operation or commitment to work

adaptability and/or organisational

change.

88 James Cook University Enterprise Agreement 2022

1.9 DOMAIN CONTINUUMS AND INDICATIVE PLACEMENT OF HEW LEVELS

DOMAIN HEW 1 HEW 2 HEW 3 HEW 4 HEW 5

Supervision received Close Close to Routine Routine Routine to General General

Supervision provided None None Functional Supervision Functional Supervision

Functional Supervision.

Some Line Management

Knowledge Basic Basic to Routine Routine Routine to General Routine to General

Work complexity Straightforward Straightforward to Routine Routine Routine to Some

Complexity

Some Complexity

Judgement/Problem

Solving

Limited Limited to Routine Routine Routine to Informed Informed

Written Communication Sound Sound Sound to Effective Effective

Effective to Well

Developed

Oral & Interpersonal

Skills

Sound Sound to Effective Effective Effective Effective to Well

Developed

DOMAIN HEW 6 HEW 7 HEW 8 HEW 9 HEW 10

Supervision received General to Broad Broad Broad

Broad to Generally

Unguided

Generally Unguided

Supervision provided

Functional Supervision

and Line Management

Functional Supervision

and Line Management

Functional Supervision

and Line Management

Functional Supervision

and Line Management

Functional Supervision

and Line Management

Knowledge General General Broad Broad Broad to Extensive Extensive

Work complexity Complex

Complex to Complex and

Innovative

Complex and Innovative

to Advanced

Advanced

Judgement/Problem

Solving

Significant Significant to High Level High Level High Level to Advanced Advanced

Written Communication Well Developed

Well Developed to High

Level

High Level High Level High Level

James Cook University Enterprise Agreement 2022 89

Oral & Interpersonal

Skills

Well Developed Well Developed to High

Level

High Level High Level High Level

Note: These are Indicative Levels only

90 James Cook University Enterprise Agreement 2022

CLASSIFICATION DESCRIPTORS – HEWL STAFF

2.1 HIGHER EDUCATION WORKER LEVEL 1

Qualifications and/or

Experience

Level one duties require no formal qualifications or work

experience.

Employees at this level will be provided with structured on–

the-job training.

Supervision received Close

Close supervision or routine supervision for more

experienced employees working alone.

Supervision provided to

others

None

Knowledge Basic

May provide straightforward information to others.

Task level/Work Complexity Straightforward

Established procedures exist.

Manual duties or elements of Level 2 duties under close

supervision and structured on the job training.

Judgement and Problem

solving

Limited

Resolve problems where alternatives are limited, and the

required action is clear or can be referred to higher levels.

Written Communication

Sound

Oral Communication and

Interpersonal Skills

Sound

2.2 HIGHER EDUCATION WORKER LEVEL 2

Qualifications and/or

Experience

Level 2 duties typically require knowledge, training or

experience relevant to the duties to be performed, or

 Completion of year 12 without work experience; or

 Completion of Certificates I or II with related work

experience; or

 An equivalent combination of experience and/or

training.

Supervision received Close to routine

Routine supervision of straightforward tasks, close

supervision of more complex tasks.

Supervision provided to

others

None

Knowledge Basic to routine

Following training may provide general information/advice

and assistance based on a broad knowledge of their work

area/responsibility, including knowledge of functions and the

James Cook University Enterprise Agreement 2022 91

location and availability of Staff and services.

Task level/Work Complexity Straightforward to routine

Perform a range of straightforward tasks where procedures

are clearly established. May perform more complex tasks.

Judgement and problem

solving

Limited to routine

Solve relatively simple problems with reference to

established techniques and practices. May choose between

a range of straightforward alternatives. Perform a

combination of routine tasks where the daily work routine

will allow the latitude to rearrange some work sequences,

provided the prearranged work priorities are achieved.

Written Communication Sound

Oral Communication and

Interpersonal Skills

Sound to effective

2.3 HIGHER EDUCATION WORKER LEVEL 3

Qualifications and/or

Experience

Level 3 duties typically require a skill level which assumes

and requires knowledge or training in administrative, trades

or technical functions equivalent to:

 Completion of a trades certificate or Certificate III;

 Completion of Year 12, or Certificate II with relevant

work experience; or

 An equivalent combination of experience and

education and/or training.

Supervision received Routine

In technical positions, routine supervision, moving to general

direction with experience.

Supervision provided to

others

Beginning elements of Functional Supervision with guidance

from more senior Staff.

This is the first level where supervision of other employees

may be required.

Knowledge Routine

Perform tasks/assignments which require knowledge of the

work area processes and an understanding of how they

interact with other related areas and processes.

Task level/Work Complexity Routine

Apply knowledge equivalent to trade certificate, including

diagnostic skills and assessment of the best approach to a

given task.

Judgement and problem

solving

Routine

Exercise judgement on work methods, task sequence with

specified timelines and standard practices and procedures.

92 James Cook University Enterprise Agreement 2022

Written Communication Sound to effective

Oral Communication and

Interpersonal Skills

Effective

2.4 HIGHER EDUCATION WORKER LEVEL 4

Qualifications and

Experience

Level 4 duties typically require a skill level that assumes and

requires knowledge or training equivalent to:

 Completion of a diploma level qualification and

relevant work experience; or

 Completion of Certificate IV with relevant work

experience; or

 Completion of post-trades certificate and extensive

relevant experience and on the job training; or

 Completion of a Certificate III with extensive

relevant work experience; or

 An equivalent combination of relevant experience

and/or education and/or training.

Supervision received

Routine to general

Routine supervision to general direction depending upon

experience and the complexity of the tasks. May undertake

stand-alone work.

Supervision provided to

others

Functional Supervision and beginning elements of Line

Management with guidance from more senior Staff.

May supervise or co-ordinate others to achieve objectives,

including liaison with employees at higher levels.

Knowledge Routine to General

Perform tasks/assignments which require proficiency in the

work area’s rules, regulations, processes and techniques,

and how they interact with other related functions.

Task level/Work Complexity Routine to some complexity

May undertake limited creative, planning or design

functions; apply skills to a varied range of different tasks.

Judgement and problem

solving

Routine to informed

Solve problems through the standard application of

theoretical principles and techniques, expertise in a

particular set of rules or regulations to make decisions

standard technical training and experience to solve

problems. May be responsible for co-ordinating a team to

provide an administrative service.

Written Communication Effective

Oral Communication and

Interpersonal Skills

Effective

James Cook University Enterprise Agreement 2022 93

2.5 HIGHER EDUCATION WORKER LEVEL 5

Qualifications and

Experience

Level 5 duties typically require a skill level that assumes and

requires knowledge or training equivalent to:

 Completion of a degree without subsequent

relevant work experience; or

 Completion of an advanced diploma and at least

one year of relevant work experience; or

 Completion of a diploma qualification and at least

two years’ relevant experience; or

 Completion of a Certificate IV and extensive

relevant work experience; or

 Completion of a post-trades certificate and

extensive relevant experience as a technician; or

 An equivalent combination of experience and/or

education and/or training.

Supervision received

General

In professional positions, routine supervision to general

direction, depending on tasks involved and experience. In

technical positions, general direction.

Supervision provided to

others

Functional Supervision and elements of Line Management

with some guidance from more senior Staff.

May supervise other employees.

Knowledge Routine to general

Perform tasks/assignments which require proficiency in the

work area’s rules, regulations, processes and techniques,

and how they interact with other related functions.

Task level/Work Complexity Some complexity

Apply body of broad technical knowledge and experience at

a more advanced level than Level 4, including the

development of areas of specialist expertise. In professional

positions, apply theoretical knowledge, at degree level, in a

straightforward way. In administrative positions, provide

interpretation, advice and decisions on rules and

entitlements.

Judgement and problem

solving

Informed

In trades positions, extensive diagnostic skills. In technical

positions, apply theoretical knowledge and techniques to a

range of procedures and tasks. In administrative positions,

provide factual advice which requires proficiency in the work

area’s rules and regulations, procedures requiring expertise

in a specialist area or broad knowledge of a range of

personnel and functions.

Written Communication

Effective to well developed

Oral Communication and

Interpersonal Skills

Effective to well developed

94 James Cook University Enterprise Agreement 2022

2.6 HIGHER EDUCATION WORKER LEVEL 6

Qualifications and

Experience

Level 6 duties typically require a skill level that assumes and

requires knowledge or training equivalent to:

 Completion of a degree with subsequent relevant

experience; or

 Extensive experience and/or specialist expertise or

broad knowledge in technical or administrative

fields; or

 An equivalent combination of relevant experience

and/or education and/or training.

Supervision received

General to broad

In professional positions, general direction, in other

positions, broad direction.

Supervision provided to

others

Functional supervision and Line Management

May have extensive supervisory and line management

responsibility for technical, clerical, administrative and other

non-professional employees.

Knowledge General

Discretion to innovate within own function and take

responsibility for outcomes; design, develop and test

complex equipment, systems and procedures; undertake

planning involving resources use and develop proposals for

resource allocation; exercise high level diagnostic skills on

sophisticated equipment or systems; analyse and report on

data and experiments.

Task level/Work Complexity Complex

Perform work assignments guided by policy, precedent,

professional standards and managerial or technical

expertise. Employees have the latitude to develop or

redefine procedure and interpret policy so long as other

work areas are not affected. In technical and administrative

areas, have a depth or breadth of expertise developed

through extensive relevant experience and application.

Judgement and problem

solving

Significant

Perform tasks/assignments which require proficiency in the

work area’s existing rules, regulations, processes and

techniques, and how they interact with other related

functions and to adapt those procedures and techniques as

required to achieve objectives without impacting on other

areas.

Written Communication

Well Developed

Oral Communication and

Interpersonal Skills

Well Developed

James Cook University Enterprise Agreement 2022 95

2.7 HIGHER EDUCATION WORKER LEVEL 7

Qualifications and

Experience

Level 7 duties typically require a skill level that assumes and

requires knowledge or training equivalent to:

 Completion of a degree with at least 4 years

subsequent relevant experience; or

 Extensive experience and management expertise in

technical or administrative fields; or

 An equivalent combination of experience and/or

education and/or training.

Supervision received Broad

Supervision provided to

others

Functional based supervision and Line Management

May manage other administrative, technical and/or

professional employees.

Knowledge General to Broad

Detailed knowledge of academic and administrative policies

and the interrelationships between a range of policies and

activities.

Task level/Work Complexity Complex to complex and innovative

Independently relate existing policy to work assignments or

rethink the way a specific body of knowledge is applied in

order to solve problems. In professional or technical

positions, may be a recognised authority in a specialised

area.

Judgement and problem

solving

Significant to high level

Independently relate existing policy to work assignments,

rethink the way a specific body of knowledge is applied in

order to solve problems, adapt procedures to fit policy

prescriptions or use theoretical principles in modifying and

adapting techniques. This may involve stand-alone work or

the supervision of others in order to achieve objectives. It

may also involve the interpretation of policy which has an

impact beyond the immediate work area.

Written Communication Well Developed to High

Oral Communication and

Interpersonal Skills

Well Developed to High

2.8 HIGHER EDUCATION WORKER LEVEL 8

Qualifications and

Experience

Level 8 duties typically require a skill level that assumes and

requires knowledge or training equivalent to:

 Progress towards postgraduate qualifications and

extensive relevant experience; or

 Extensive experience and management expertise;

 An equivalent combination of relevant experience

and/or education and/or training.

Supervision received Broad

96 James Cook University Enterprise Agreement 2022

Supervision provided to

others

Functional supervision and line management

May manage other administrative, technical and/or

professional employees.

Knowledge Broad

The employee would be expected to make policy

recommendations to others and to implement programs

involving major change which may impact on other areas of

the institution’s operations.

Task level/Work Complexity Complex and innovative

Work at this level is likely to require the development of new

ways of using a specific body of knowledge which applies to

work assignments, or may involve the integration of other

specific bodies of knowledge.

Judgement and problem

solving

High level

Responsible for program development and implementation.

Provide strategic support and advice to Colleges or Divisions

requiring integration of a range of university policies and

external requirements, and an ability to achieve objectives

operating within complex organisation structures.

Written Communication High level

Oral Communication and

Interpersonal Skills

High level

2.9 HIGHER EDUCATION WORKER LEVEL 9

Qualifications and

Experience

Level 9 duties typically require a skill level that assumes and

requires knowledge or training equivalent to:

 Postgraduate qualifications and relevant experience;

 Extensive management expertise and proven

management expertise; or

 An equivalent combination of relevant experience

and/or education and/or training.

Supervision received

Broad to generally unguided.

Supervision provided to

others

Functional supervision and line management

Will manage other administrative, technical and/or

professional employees.

Knowledge Broad to extensive

Conceptualise, develop and review major policies, objectives

and strategies involving high level liaison with internal and

external client areas. Responsible for programs involving

major change which may impact on other areas of the

institution’s operations.

Task level/Work Complexity Complex and innovative to advanced

Demonstrated capacity to conceptualise, develop and review

major professional, management or administrative policies at

the corporate level. Significant high-level creative, planning

and management functions. Responsibility for significant

James Cook University Enterprise Agreement 2022 97

resources.

Judgement and problem

solving

High level to advanced

Responsible for program development and implementation

with broader reaching impacts that a HEWL or across a wide

range of activities. Provide strategic support and advice to

Colleges or Divisions requiring integration of a range of

university policies and external requirements, and an ability

to achieve objectives operating within complex organisation

structures.

Written Communication High level

Oral Communication and

Interpersonal Skills

High level

2.10 HIGHER EDUCATION WORKER LEVEL 10

Qualifications and

Experience

Level 10 duties typically require a skill level that assumes

and requires knowledge or training equivalent to:

 Postgraduate qualifications and extensive relevant

experience; or

 Proven expertise in the management of significant

human, financial and physical resources.

Supervision received Generally unguided

Supervision provided to

others

Functional supervision and line management.

Will manage other administrative, technical and/or

professional employees.

Knowledge Extensive

Bring a multi-perspective understanding to the development,

consultation and implementation of new policies; devise new

ways of adapting the organisation’s strategies, including

eternally generated demands.

Task level/Work Complexity Advanced

Complex, significant and high-level creative planning,

program and managerial functions with clear accountability

for program performance. Comprehensive knowledge of

related programs. Generate and use a high level of

theoretical and applied knowledge.

Judgement and problem

solving

Advanced

Be fully responsible for the achievement of significant

organisational objectives and programs.

Written Communication High Level

Oral Communication and

Interpersonal Skills

High Level

98 James Cook University Enterprise Agreement 2022

CLASSIFICATION DESCRIPTORS – HEWL RESEARCH WORKERS

Support Research Staff Position Classification Descriptors

This schedule includes definitions of the four levels of supervision, the eight qualification levels and the seven

classification dimensions that are referred to in the description.

DEFINITION 1 SUPERVISION

Close supervision: Clear and detailed instructions are provided. Tasks are covered by standard

procedures. Deviation from procedures or unfamiliar situations are referred to

higher levels. Work is regularly checked.

Routine supervision: Direction is provided on the tasks to be undertaken with some latitude to rearrange

sequences and discriminate between established methods. Guidance on the

approach to standard circumstances is provided in procedures, guidance on the

approach to non-standard circumstances is provided by a supervisor. Checking is

selective rather than constant.

General direction: Direction is provided on the assignments to be undertaken, with the occupant

determining the appropriate use of Establishment methods, tasks and sequences.

There is some scope to determine an approach in the absence of established

procedures or detailed instructions, but guidance is readily available. Performance

is checked by assignment completion.

Broad direction: Direction is provided in terms of objectives which may require the planning of staff,

time and material resources for their completion. Limited detailed guidance will be

available and the development or modification of procedures by the staff may be

required. Performance will be measured against objectives.

DEFINITION 2 QUALIFICATIONS

Year 12: Completion of Year 12 of secondary school.

Trade certificate: Completion of an apprenticeship, normally of four years duration, or equivalent

recognition.

Post-trade certificate: A course of study over and above a trade certificate and less than an advanced

certificate.

Advanced certificate: A two year part-time post-year 12 or post-trade certificate course, or a four-year

part-time course for those who have completed Year 10 only of secondary

school.

Certificate A two year full-time or four-year part-time course, without a Year 12 prerequisite.

Associate diploma: A two year full-time or four-year part-time course with a Year 12 prerequisite

Degree: A recognised degree from a tertiary institution, consisting usually of three- or

four-years full time study or part time equivalent, and sometimes combined with

a one-year diploma or Honours.

Postgraduate degree A recognised postgraduate degree, over and above a degree as defined above.

Note: The above definitions also include equivalent recognised overseas qualifications

DEFINITION 3 CLASSIFICATION DIMENSIONS

Education, Training

and Experience:

The type and duration of training which the duties of the classification level typically

require for effective performance. Training is the process of acquiring skills and

knowledge through formal education, on the job instruction or exposure to

procedures.

Task Level: The type, complexity and responsibility of tasks typically performed by staff within

each proposed classification level.

Judgment & Problem

Solving

Judgment is the ability to make sound decisions, recognising the consequences of

decisions taken or actions performed. Problem solving is the process of defining or

selecting the appropriate course of action where alternative courses of action are

James Cook University Enterprise Agreement 2022 99

available. The dimension looks at how much of each of these qualities applies at

each proposed classification level.

Supervision and

Independence:

This dimension covers both the way in which positions are supervised, managed or

held accountable, and the degree of independence which applies in the role of the

position in supervising or managing other staff or contractors. Independence is also

the extent to which a Staff Member can work independently without supervision or

direction.

Organisational

Relationships and

Impact:

The level of knowledge and awareness of the organisation, its structure and

functions that would be expected of staff at each proposed classification level, and

the purposes to which that organisational knowledge may be put.

Typical activities and occupational equivalent criteria should not be used to determine classification decisions. They

may, however, provide a useful cross-check on the outcomes obtained using the other descriptors, where:

• there is considerable variation in outcomes for the different descriptor dimensions;

• there is considerable disagreement during the final assessment over the classification of a position;

• the work undertaken within the position undergoing evaluation is very unfamiliar to some members of the

assessment members.

Occupational Equivalent

University: Occupations typically falling within each proposed

classification level.

Typical Activities: Activities typically undertaken by staff in different

occupations at each of the proposed classification

levels

3.1 Research Worker Level 1

(a) Education, Training And Experience

Research Workers Level 1 are not required to have formal qualifications or work experience

upon engagement. Research Workers engaged at the base may need to be provided with

structured on the job training.

(b) Task

Perform straightforward manual duties under close supervision and structured on the job

training. Some knowledge of materials, e.g., cleaning chemicals and hand tools, may be

required. Established procedures exist

Resolve problems where alternatives for the job holder are limited and the required action is

clear or can be readily referred to higher levels.

(d) Supervision And Independence

Close supervision or, in the case of more experienced Staff working alone, routine

supervision.

(e) Organisational Relationships And Impact

May provide straightforward information to others.

(f) Typical Activities

Perform a range of manual tasks.

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3.2 Research Worker Level 2

(a) Education, Training And Experience

Research Workers Level 2 shall typically perform duties at a skill level which assumes and

requires knowledge, training or experience relevant to the duties to be performed, or

completion of Year 12 without work experience, or an equivalent combination of experience

and training.

(b) Task

Perform a range of straightforward research tasks where procedures are clearly established.

May on occasions perform more complex tasks under close supervision.

Undertake tasks with reference to established research techniques and practices. Research

Workers at this level will normally be expected to perform a combination of various routine

tasks where the prearranged work priorities are set by the Head of work unit or more senior

research Staff.

(d) Supervision And Independence

Routine supervision of straightforward research tasks, close supervision of more complex

tasks

(e) Organisational Relationships And Impact

May provide general information/advice and assistance based on a broad knowledge of the

work area/responsibility, including knowledge of the functions carried out.

(f) Typical Activities

Research Workers at this level may undertake duties involving straightforward data entry

and retrieval and basic laboratory or technical work.

3.3 Research Worker Level 3

(a) Education, Training And Experience

Research Worker Level 3 shall typically perform duties at a skill level which assumes and

requires knowledge or training in clerical/administrative, trades or technical laboratory

functions equivalent to:

(i) completion of a trades certificate; or

(ii) completion of year 12 with relevant work experience; or

(iii) equivalent relevant experience or combination of relevant experience and

education/training

Research Worker Level 3 may require further on the job training or knowledge and training

equivalent to progress toward completion of an advanced certificate or associate diploma

(b) Task

Some complexity. Apply body of knowledge equivalent to trade certificate, including

diagnostic skills and assessment of the best approach to a given task of this level of

knowledge or formal training.

Exercise judgment on work methods and task sequence with specified timeliness and

standard practices and procedures.

James Cook University Enterprise Agreement 2022 101

(d) Supervision And Independence

In positions involving technical duties, routine supervision, moving to general direction with

experience. In other positions, general direction. This is the first level where supervision of

other Staff may be required.

(e) Organisational Relationships And Impact

Perform tasks/assignments which require knowledge of the work area processes and an

understanding of how they interact with other related areas and processes.

(f) Typical Activities

(i) orders supplies;

(ii) assist in setting up routine experiments;

(iii) monitor experiments for report to the Head of work unit or more senior research

Staff;

(iv) assist with the preparation of specimens;

(v) care for animals, plants and microbe cultures.

(vi) use in a standard manner a word processing package (including storage and

retrieval of documents, keying and setting out of correspondence and reports,

merging, moving and copying, using columns, tables and basic graphics) or an

established spreadsheet or database application;

(vii) provide administrative support to senior research Staff, including setting up

meetings and answering straightforward inquiries.

(viii) process accounts for payment.

(ix) undertake library or archival work

(x) process and collate information and data,

(xi) assist with surveys, observations, field trials, tests and associated research

activity.

3.4 Research Worker Level 4

(a) Education Training and Experience

Research Worker Level 4 shall typically perform duties at a skill level which assumes and

requires knowledge or training equivalent to:

(i) Completion of a degree without subsequent relevant work experience; or

(ii) completion of an associate diploma level qualification with relevant work-related

experience or a certificate level qualification with post-certificate relevant work

experience; or

(iii) an equivalent combination of relevant experience and/or education/training.

(b) Task

May undertake limited creative, planning or design functions; apply skills to a range of

allocated research tasks.

In technical positions, apply theoretical knowledge and techniques to a range of research

procedures and tasks. In an administrative/secretarial position, provide factual advice which

102 James Cook University Enterprise Agreement 2022

requires proficiency and expertise in a specialist area or broad knowledge of a range of

functions

(d) Supervision And Independence

A Research Worker Level 4 functioning in a technical position may receive routine

supervision to general direction depending upon experience and the complexity of the tasks.

In other positions, general direction.

May supervise or co-ordinate others to achieve objectives, including liaison with Staff at

higher levels. May undertake stand-alone work

(e) Organisational Relationships And Impact

Perform research tasks/assignments which require proficiency in the work area and

knowledge to how they interact with other related functions.

(f) Occupational equiv. (the University)

Scientific/technical assistant, administrative/secretarial above Level 3, advanced trades

person.

(g) Typical Activities

(i) work on complex engineering or interconnected electrical circuits

(ii) exercise high precision trades skills using various materials and/or specialised

techniques.

(iii) develop new equipment to criteria developed and specified by others;

(iv) under routine direction, assist in the conduct of major experiments and research

programs and/or in setting up and using equipment for a range of experiments and

demonstrations;

(v) operate equipment and prepare reports of a technical nature, as directed.

(vi) be able to undertake a full range of word processing functions, including

mathematical formulae and symbols, manipulation of text and layout in desktop

publishing software and use of a range of word processing packages if required.

(vii) take responsibility for providing a full range of administrative services in a research

unit;

(viii) plan and set up spreadsheets or database applications;

(ix) maintain records;

(x) provide information to postgraduate research students.

(xi) carry out or participate in surveys, investigations, analyses, tests, observations or

field trials;

(xii) undertake library or archival searches or related activities

(xiii) undertake case studies and collate relevant information

(xiv) assist with data analysis

3.5 Research Worker Level 5

(i) Education, Training And Experience

Research Workers Level 5 shall typically perform duties at a skill level which

James Cook University Enterprise Agreement 2022 103

assumes and requires knowledge or training equivalent to:

(ii) completion of a degree without subsequent relevant work experience; or

(iii) completion of an associate diploma and at least 2 years subsequent relevant work

experience; or

(iv) completion of post-trades certificate or advanced certificate and extensive

relevant experience as a technician; or

(v) an equivalent combination of relevant experience and/or education/training.

(b) Task

Apply body of broad technical knowledge and experience at a more advanced level than

Level 4, including the development of areas of specialist expertise. In professional positions,

apply theoretical knowledge, at degree level, in a straightforward way.

In professional positions, solve problems through the standard application of theoretical

principles and techniques at degree level. In technical positions, apply standard technical

training and experience to solve problems.

(d) Supervision And Independence

In professional positions, routine supervision to general direction, depending on tasks

involved and experience. In technical positions, general direction; may supervise other Staff.

(e) Organisational Relationships And Impact

Perform tasks/assignments which require proficiency in the work area and knowledge of

how they interact with other related functions.

(f) Occupational Equiv. (The University)

Graduate (i.e., degree) or professional, with limited subsequent work experience on entry

(g) Typical Activities

In professional positions and under professional supervision work as part of a research team

in a support role.

(i) develop new equipment to general specifications;

(ii) under general direction, assist in the conduct of major experiments and research

programs and/or in setting up and using complex equipment for a range of

experiments and demonstrations;

(iii) prepare reports of a technical nature;

(iv) carry out tasks described for a Level 4, but at a more advanced level;

(v) draft reports on the research tasks carried out;

(vi) provide authoritative advice within area of specialisation.

3.6 Research Worker Level 6

(a) Education, Training And Experience

Senior Research Worker Level 6 shall typically perform duties at a skill level which assumes

and requires knowledge or training equivalent to:

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(i) a degree with at least 4 years subsequent relevant experience; or

(ii) extensive experience and specialist expertise or broad knowledge in technical

fields; or

(iii) an equivalent combination of relevant experience and/or education/training

(b) Task

Perform work assignments guided by professional standards and/or technical expertise.

Senior research workers would have a depth or breadth of expertise developed through

extensive relevant experience and application.

Within constraints set by a more senior research or academic Staff, discretion to innovate

within own function and take responsibility for outcomes; design, develop and test complex

equipment, systems and procedures; exercise high level diagnostic skills on sophisticated

equipment or systems; analyse and report on data and experiments.

(d) Supervision And Independence

In professional positions, general direction; in other positions, broad direction. May have

supervisory and line management responsibility for technical and other non-professional

Staff.

(e) Organisational Relationships And Impact

Senior Research Workers perform tasks/assignments which require proficiency in the work

area and knowledge of how they interact with other related functions and to adapt those

procedures and techniques as required by a more senior research or academic Staff to

achieve objectives.

(f) Occupational Equiv. (The University)

Graduate or professional with subsequent relevant work experience (including a computer

systems officer with some experience): experienced technical specialist and/or technical

supervisor.

(g) Typical Activities

(i) manage a teaching or research laboratory or a field station;

(ii) provide highly specialised technical services;

(iii) set up complex experiments;

(iv) design and construct complex or unusual equipment to general specifications;

(v) provide financial, policy and planning advice;

(vi) monitor expenditure against budget in a small work unit.

(vii) undertake a range of computer programming tasks;

(viii) provide documentation and assistance to computer users;

(ix) analyse less complex user and system requirements.

3.7 Research Worker Level 7

(a) Education, Training And Experience

Senior Research Worker Level 7 shall typically perform duties at a skill level which assumes

and requires knowledge or training equivalent to:

James Cook University Enterprise Agreement 2022 105

(i) a degree with significant relevant experience; or

(ii) extensive experience and management expertise in technical or administrative

fields; or

(iii) an equivalent combination of relevant experience and/or education/training.

(b) Task

Independently relate existing policy to work assignments or rethink the way a specific body

of knowledge is applied in order to solve problems. In professional or technical positions,

may be a recognised authority in a specialised area. Senior research workers would have a

depth or breadth of expertise developed through extensive relevant experience and

application.

Discretion to innovate within own function and take responsibility for outcomes; design,

development and testing of complex equipment, systems and procedures; exercise high

level diagnostic skills on sophisticated equipment or systems; analyse and report on data

and experiments. This may involve stand-alone work or the supervision of others in order to

achieve objectives. It may also involve the interpretation of policy which has an impact

beyond the immediate work area.

(d) Supervision And Independence

Broad direction. May manage other administrative, technical and/or professional Staff.

(e) Organisational Relationships And Impact

Senior Research Workers perform tasks/assignments which require proficiency in the work

area and knowledge of how they interact with other related functions and to adapt those

procedures and techniques under broad direction of a more senior research or academic

Staff to achieve objectives.

(f) Typical Activities

(i) combine specialist expertise and responsibility for managing a teaching or

research laboratory or a major field station;

(ii) responsibility for site visitors and workplace health and safety;

(iii) acknowledged expertise in a specialised area or a combination of technical

management and specialist research;

(iv) set up complex experiments;

(v) design and construct complex or unusual equipment to general specifications;

(vi) provide financial, policy and planning advice;

(vii) monitor expenditure against budget;

(viii) undertake a range of computer programming tasks;

(ix) provide documentation and assistance to computer users;

(x) analyse complex user and system requirements.

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Schedule 5 Classification Standards for Academic Levels

LEVEL A

GENERAL STANDARD

A Level A academic is expected to make contributions to the teaching effort of the institution, particularly at

undergraduate and graduate diploma level and to carry out activities to develop his/her scholarly research and/or

professional expertise relevant to the profession or discipline.

SPECIFIC DUTIES

Specific duties required of a Level A academic may include:

• The conduct of tutorials, practical classes, demonstration workshops, student field excursions, online

teaching, clinical sessions and/or studio sessions.

• The preparation and delivery of lectures and seminars provided that skills and experience demonstrate this

capacity.

• The conduct of research.

• Involvement in professional activity.

• Consultation with students.

• Marking and assessment primarily connected with subjects in which the academic teaches.

• Production of teaching materials for students for whom the academic has responsibility.

• Development of subject material with appropriate guidance from the subject or course co-ordinator.

• Limited administrative functions primarily connected with subjects in which the academic teaches.

• Acting as subject co-ordinator provided that skills and experience demonstrate this capacity.

• Attendance at discipline and/or work unit meetings and/or membership of a limited number of Committees.

A Level A academic will not be required to teach primarily in subjects which are offered only at Master’s level or above.

A Level A academic shall work with support and direction from academic Staff classified at Level B and above and with

an increasing degree of autonomy as the academic gains in skill and experience.

The most complex levels of subject co-ordination should not be carried out by a Level A academic.

SKILL BASE

A Level A academic will normally have completed four years of tertiary study in the relevant discipline and/or have

equivalent qualifications and/or professional experience. In many cases a position at this level will require an honours

degree or higher qualifications, an extended professional degree, or a three-year degree with a postgraduate diploma.

In determining experience relative to qualifications, regard is had to teaching experience, experience in research,

experience outside tertiary education, creative achievement, professional contributions and/or contributions to technical

achievement.

James Cook University Enterprise Agreement 2022 107

LEVEL B

GENERAL STANDARD

A Level B academic is expected to make contributions to the teaching effort of the institution and to carry out activities

to maintain and develop his/her scholarly, research and/or professional activities relevant to the profession or discipline.

SPECIFIC DUTIES

Specific duties required of a Level B academic may include:

• The conduct of tutorials, practical classes, demonstrations, workshops, student field excursions, online

teaching, clinical sessions and studio sessions.

• Initiation and development of subject material including input into associated curriculum.

• Acting as subject co-ordinators.

• The preparation and delivery of lectures and seminars.

• Primary or co-advisor of honours and postgraduate research students.

• Primary or co-advisor of the program of study of honours and postgraduate students engaged in course

work.

• The conduct of research.

• Involvement in professional activity.

• Development of course material with appropriate advice from and support of more senior Staff.

• Marking and assessment.

• Consultation with students.

• A range of administrative functions the majority of which are connected with the subjects in which the

academic teaches.

• Attendance at discipline and/or work unit meetings and/or membership of a number of committees.

SKILL BASE

A Level B academic shall have qualifications and/or experience recognised by the institution as appropriate for the

relevant discipline area. In many cases a position at this level will require a doctoral or master’s qualification or equivalent

accreditation and standing. In determining experience relative to qualifications, regard is had to teaching experience,

experience in research, experience outside tertiary education, creative achievement, professional contributions and/or

technical achievement.

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LEVEL C

GENERAL STANDARD

A Level C academic is expected to make significant contributions to the teaching effort of a discipline, work unit or

other organisational unit or an interdisciplinary area. An academic at this level is also expected to play a major role in

scholarship, research and/or professional activities.

SPECIFIC DUTIES

Specific duties required of a Level C academic may include:

• The conduct of tutorials, practical classes, demonstrations, workshops, student field excursions, online

teaching, clinical sessions and studio sessions.

• Initiation and development of course material including associated curriculum.

• Course and subject co-ordination.

• The preparation and delivery of lectures and seminars.

• Primary or co-advisor of honours and postgraduate research students.

• Primary or co-advisor of the program of study of honours and postgraduate students engaged in course

work.

• The conduct of research.

• Significant role in research projects including, where appropriate, leadership of a research team.

• Involvement in professional activity.

• Consultation with students.

• Broad administrative functions

• Marking and assessment

• Attendance at discipline and/or work unit meetings and a major role in planning or committee work.

SKILL BASE

A Level C academic will normally have advanced qualifications and/or recognised significant experience in the relevant

discipline area. A position at this level will normally require a doctoral qualification or equivalent accreditation and

standing. In determining experience relative to qualifications, regard shall be had to teaching experience, experience in

research, experience outside tertiary education, creative achievement, professional contributions and/or to technical

achievement. In addition, a position at this level will normally require a record of demonstrable scholarly and professional

achievement in the relevant discipline area.

James Cook University Enterprise Agreement 2022 109

LEVEL D

GENERAL STANDARD

A Level D academic is expected to make a significant contribution to all activities of the work unit or interdisciplinary

area and play a significant role within their profession or discipline. Academics at this level may be appointed in

recognition of distinction in their disciplinary area.

SPECIFIC DUTIES

• Specific duties required of a level D academic may include:

• The conduct of tutorials, practical classes, demonstrations, workshops, student field excursions, online

teaching, clinical sessions and studio sessions.

• The development of a responsibility for curriculum/programs of study.

• Course and subject co-ordination

• The preparation and delivery of lectures and seminars.

• Primary or co-advisor of honours and postgraduate research students.

• Primary or co-advisor of the program of study of honours and postgraduate students engaged in course

work.

• The conduct of research, including, where appropriate, leadership of a large research team.

• Significant contribution to the profession, and/or discipline.

• High level administrative functions

• Consultation with students.

• Marking and assessment.

• Playing an active role in the maintenance of academic standards and participation in development of

educational policy and of curriculum areas within the discipline.

• Attendance at discipline and work unit meetings and a major role in planning or committee work.

SKILL BASE

A Level D academic will normally have the same skill base as a Level C academic. In addition, there is a requirement

for academic excellence which may be evidenced by an outstanding contribution to teaching and/or research and/or the

profession.

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LEVEL E

GENERAL STANDARDS

A Level E academic is expected to exercise a special responsibility in providing leadership and in fostering excellence

in research, teaching, professional activities and policy development in the academic discipline within the work unit or

other comparable organisational unit, within the institution and within the community, both scholarly and general.

SPECIFIC DUTIES

Specific duties required of a level E academic may include:

• Provision of a continuing high level of personal commitment to, and achievement in, a particular scholarly

area.

• The conduct of research.

• Fostering the research of other groups and individuals within the department or other comparable

organisational unit and within the discipline and within related disciplines.

• Development of research policy.

• Primary or co-advisor of honours and postgraduate students engaged in course work.

• Primary or co-advisor of the program of study of honours and postgraduate research students engaged in

course work.

• Making a distinguished personal contribution to teaching at all levels.

• The conduct of tutorials, practical classes, demonstrations, workshops, student field excursions, clinical

sessions and studio sessions.

• The preparation and delivery of lectures and seminars

• Consultation with students.

• Marking and assessment.

• Playing an active role in the maintenance of academic standards and in development of educational policy

and of curriculum areas within the discipline.

• Developing policy and being involved in administrative matters within the department or other comparable

organisational unit and within the institution.

• Participating in and providing leadership in community affairs, particularly those related to the discipline, in

professional, commercial and industrial sectors where appropriate.

SKILL BASE

A Level E academic shall have the same skill base as a Level D academic but will be recognised as a leading authority

in the relevant discipline area.

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Table 2 Research Fellows Position Classification Descriptors

Postdoctoral Research Fellow (Equivalent to Academic Level A)

General Standard

A Postdoctoral Research Fellow is expected to carry out research either independently or in a team within the field in

which the appointment is made and develop relevant research expertise with guidance from senior colleagues.

Specific Duties

Specific Duties may include:

• Conduct of research under limited supervision and the production of published works in refereed journals,

books, conference and seminar papers or the production of creative works. Involvement in professional

activities, including contributions such as conferences and seminars in the field of expertise.

• Contributions to teaching programs in the area of expertise consistent with the conditions of the award.

• Co-advisor of honours and postgraduate students in the area of expertise and examination of honours and

postgraduate theses.

• Contribution to the research culture, intellectual activities and outputs of the work unit and relevant

research centres, institutes, clusters or groups.

• Preparation of research and grant proposals.

Skill Base

A Postdoctoral Fellow will normally have completed a doctoral degree or have an equivalent combination of

qualifications or research experience.

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Research Fellow (Equivalent to Academic Level B)

General Standard

A Research Fellow is expected to carry out research either independently or in a team within the field in which the

appointment is made and to develop relevant research expertise.

Specific Duties

Specific Duties may include:

• Conduct of research independently or as a member of a team and the production of published works in

refereed journals, books, conference and seminar papers or the production of creative works.

• Supervision of research support and technical Staff in relevant research projects.

• Financial management of research projects.

• Preparation of submissions for external research funding.

• Involvement in professional activities, including contributions such as conferences and seminars in the field

of expertise.

• Primary or co-advisor of honours and postgraduate students in area of expertise and examination of

honours and postgraduate theses.

• Contributions to teaching programs in area of expertise consistent with the conditions of the award.

• Contribution to the research culture, intellectual activities and outputs of the work unit and relevant research

centres, institutes, clusters or groups.

Skill Base

A Research Fellow must have a doctoral degree and evidence of significant research outputs.

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Senior Research Fellow

(Equivalent to Academic Level C)

General Standard

A Senior Research Fellow is expected to make independent and original contributions to research within the field in

which the appointment is made and contribute to the development and leadership of research within the work unit.

Specific Duties

Specific Duties may include:

• Conduct of research independently or as a member or leader of a team and the production of published

works in refereed journals, books, conference and seminar papers or the production of creative works.

• Supervision of research, technical and administrative Staff associated with relevant research projects or

programs.

• Financial management of research projects or programs.

• Responsibility for preparation of submissions for external research funding.

• Promotion of research links with external bodies.

• Primary or co-advisor of honours and postgraduate students in area of expertise and examination of

honours and postgraduate theses.

• Contributions to teaching programs in areas of expertise consistent with the conditions of the award.

• Contributions to the research culture, intellectual activities and outputs of the work unit and relevant

research centres, institutes, clusters or groups.

Skill Base

A Senior Research Fellow must have significant postdoctoral experience and a national profile in the relevant

research field.

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Principal Research Fellow

(Equivalent to Academic Level D)

General Standard

A Principal Research Fellow is expected to make major contributions to the field of expertise within which the

appointment is made and contribute to the development, leadership and management of research within the work unit.

A Principal research fellow is expected to play a significant role in research at the national level. Research Staff at this

level may be appointed in recognition of distinction in their area of research or scholarship.

Specific Duties

Specific Duties may include:

• Conduct of independent research and research team leadership and the production of published works in

refereed journals, books, conference and seminar papers or the production of creative works.

• Supervision of research, technical and administrative Staff associated with relevant research projects or

programs.

• Financial and administrative management of research teams.

• Responsibility for the maintenance and renewal of funding in the relevant research field.

• Promotion of research links which enhance the profile of the field in both the research and general

community and provide opportunities for the application of research findings.

• Contributions to teaching programs in areas of expertise consistent with the conditions of the award.

• Primary or co-advisor of honours and postgraduate students, examination of honours and postgraduate

theses and contribution to the design of postgraduate teaching and research programs.

• Contribution to the research policy and management of the University.

• Contribution to the research culture, intellectual activities, leadership and outputs of the work unit and

relevant research centres, institutes, clusters or groups.

Skill Base

The Principal Research Fellow must have substantial postdoctoral research experience with a requirement for

academic results and a profile of international excellence in the relevant research field.

James Cook University Enterprise Agreement 2022 115

Professorial Research Fellow

(Equivalent to Academic Level E)

General Standards

A Professorial Research Fellow is expected to exercise a special responsibility in providing leadership and fostering

excellence in the field of expertise within the work unit and the University, and the research and general community. A

professorial research fellow is expected to have an international reputation and the capacity to promote research

activities at this level.

Specific Duties

Specific Duties may include:

• Making a distinguished contribution to the conduct of research within the work unit through the publication

of research work or through the production of creative works.

• Fostering a profile of international excellence in the relevant areas of the University.

• Fostering the research activities of individuals and teams within the work unit.

• Development of research policy and contributions to the strategic planning of the University’s research

profile and programs.

• Responsibility for the strategic planning, co-ordination, maintenance and renewal of funding in the relevant

research field.

• Oversight of Staff and financial management of relevant research projects or programs.

• Establishment and/or promotion of research links which enhance the profile of the field in the research and

general community and provide opportunities for the application of research findings.

• Contributions to teaching programs in areas of expertise consistent with the conditions of the award.

• Primary or co-advisor of postgraduate research students, development of policy relating to honours and

postgraduate research programs, design of honours and postgraduate research programs, and examination

of honours and postgraduate theses.

• Substantial contribution to the leadership, research culture, intellectual activities and outputs of the work

unit and relevant research centres, institutes, clusters or groups

Skill Base

A Professorial Fellow must have substantial postdoctoral research experience, position of international leadership in

their field of expertise and a distinguished record of research and scholarly excellence in the relevant field.

116 James Cook University Enterprise Agreement 2022

Table 3 Research Staff Position Classification Descriptors

RESEARCH OFFICER

(Equivalent to Academic Level A)

General Standard

A Research Officer is expected to contribute towards the research/consultancy effort of the institution and to develop

expertise through the pursuit of defined projects relevant to the particular field of research/consultancy.

Specific Duties

Specific duties may include:

• The conduct of research/consultancy activities under limited supervision either as a member of a team, or,

where appropriate, independently, and the production or contribution to the production of conference and

seminar papers, reports and/or publications from that research/consultancy.

• Involvement in professional activities including, subject to availability of funds, attendance at conferences

and seminars in the field of expertise.

• Limited administrative functions primarily connected with the area of research/consultancy of the Staff.

• Development of a limited amount of research/consultancy-related material for teaching or other purposes

with appropriate guidance from other Staff.

• Occasional contributions to teaching in relation to his/her research/consultancy project(s).

• Experimental design and operation of advanced laboratory and technical equipment or conduct of

advanced research procedures.

• Attendance at meetings associated with research/consultancy or the work of the work unit to which the

Staff is connected, and/or discipline and/or work unit meetings and/or membership of a limited number of

committees.

A Research Officer shall work with support, guidance and/or direction from senior research Staff and with an increasing

degree of autonomy as the Research Officer gains in skill and experience.

Skill Base

A Research Officer will normally have completed four years of tertiary study in the relevant discipline and/or have

equivalent qualifications and/or professional experience. In many cases a position at this level will require an honours

degree or higher qualifications, an extended professional degree, or a three-year degree with a postgraduate diploma.

In determining experience relevant to qualifications, regard is had to experience in research/consultancy, experience

outside tertiary education, creative achievement, professional contributions and/or contributions to technical

achievement.

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SENIOR RESEARCH OFFICER

(Equivalent to Academic Level B)

General Standard

A Senior Research Officer is expected to carry out independent and/or team research/consultancy within the field in

which the appointment is made and to carry out activities to develop research/consultancy expertise relevant to the

particular field of research/consultancy.

Specific Duties

Specific duties may include:

• The conduct of research/consultancy activities either as a member of a team or independently, and the

production of conference and seminar papers, reports and publications from the research/consultancy.

• Supervision of support research Staff involved in the Staff Member’s research/consultancy.

• Guidance in the research/consultancy effort of junior research Staff in the Staff Member’s

research/consultancy area.

• Contribution to the preparation, or where appropriate individual preparation, or research/consultancy

proposal submissions to external funding bodies.

• Involvement in professional activities including, subject to availability of funds, attendance at conferences

and seminars in the field of expertise.

• Administrative functions primarily connected with the Staff Member’s area of research/consultancy.

• Occasional contributions to the teaching program within the field of the Staff Member’s

research/consultancy.

• Co-advisor, or where appropriate, primary advisor, of honours or postgraduate research students in the

Staff Member’s area of expertise.

• Attendance at meetings associated with research/consultancy or the work of the work unit to which the

research/consultancy in connected and/or discipline and/or work unit meetings, and/or membership of a

limited number of committees.

Skill Base

A Senior Research Officer shall have qualifications and/or experience recognised by the institution as appropriate for

the relevant discipline area. In many cases a position at this level will require a doctoral or master’s qualification or

equivalent achievement and standing. In determining experience relevant to qualifications, regard is had to experience

in research, experience outside tertiary education, creative achievement, professional contributions and/or contributions

to technical achievement.

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PRINCIPAL RESEARCH OFFICER

(Equivalent to Academic Level C)

General Standard

A Principal Research Officer is expected to make independent or original contributions to the research/consultancy

effort within the field of expertise and to the organisation unit or inter-disciplinary area of which the Staff is a part. A

research Staff Member at this level is expected to play a major role in research/consultancy including the exercise of

some leadership in research/consultancy.

Specific Duties

Specific duties may include:

• The conduct of research/consultancy activities and the production of conference and seminar papers,

reports and publications from that research/consultancy.

• Supervision of support research and general Staff involved in the Staff Member’s research/consultancy.

• Supervision where appropriate of the research/consultancy of less senior research Staff.

• Involvement, where appropriate, in the promotion of research/consultancy links with outside bodies.

• Preparation of research/consultancy proposal submissions to external funding bodies.

• Significant role in research/consultancy projects including, where appropriate, leadership of research teams

or management of projects.

• Responsibility for the oversight of financial management of grants received for research/consultancy

projects.

• Involvement in professional activities including, subject to availability of funds, attendance at conferences

and seminars in the field of expertise.

• Occasional contributions to the teaching program within the field of the Staff Member’s

research/consultancy.

• Co-advisor, or where appropriate, primary advisor, of honours or postgraduate research students in the

Staff Member’s area of expertise.

• Attendance at meetings associated with research/consultancy or the work of the work unit to which the

research/consultancy is connected, and/or discipline and/or work unit meetings, and a major role in

planning and committee work.

Skill Base

A Principal Research Officer will normally have advanced qualifications and/or recognised experience in the relevant

discipline area. A position at this level will normally require a doctoral qualification or equivalent achievement and

standing. In determining experience relevant to qualifications, regard is had to experience in research/consultancy,

experience outside tertiary education, creative achievement, professional contributions and/or contributions to technical

achievement. In addition, a position at this level will normally require a record of demonstrable scholarly and professional

achievement in the relevant discipline area.

James Cook University Enterprise Agreement 2022 119

SENIOR PRINCIPAL RESEARCH OFFICER

(Equivalent to Academic Level D)

General Standard

A Senior Principal Research Officer is expected to make major original contributions to the research/consultancy

enterprise of the area in which the appointment is made and to play a significant role within their profession or discipline.

Research Staff at this level may be appointed in recognition of marked distinction in their area of research/consultancy

or scholarship.

Specific Duties

The specific duties may include:

• The conduct of independent research/consultancy activities where the Staff Member may work as part of a

team and the production of conference and seminar papers, reports and publications from that

research/consultancy.

• Supervision of support research and general Staff.

• A major role in all aspects of major research/consultancy projects including management and/or leadership

of large research/consultancy projects or teams.

• Supervision of the research/consultancy of less senior research Staff.

• Promotion of research/consultancy proposal submissions to external bodies.

• Responsibility for the oversight of financial management of grants.

• Involvement in professional activities including, subject to availability of funds, attendance at conferences

and seminars in the field of expertise.

• Occasional contributions to the teaching program within the field of the Staff Member’s

research/consultancy.

• Co-advisor, or where appropriate, primary advisor, of honours or postgraduate research students in the

Staff Member’s area of expertise.

• Higher level research/consultancy-related administrative function.

• Some involvement in the development of research/consultancy policy.

• Attendance at meetings associated with research/consultancy or the work of the work unit to which the

research/consultancy is connected and/or discipline and/or work unit meetings and a major role in planning

and committee work.

• Significant contribution to the discipline in which the research/consultancy efforts of the Staff are

undertaken.

Skill Base

A Senior Principal Research Officer will normally have the same skill base as a Principal Research Officer. In addition,

there will be a requirement for academic excellence which may be evidenced by an outstanding contribution to

research/consultancy and/or the profession.

120 James Cook University Enterprise Agreement 2022

CHIEF RESEARCH OFFICER

(Equivalent to Academic Level E)

General Standard

A Chief Research Officer is expected to exercise a special responsibility in providing leadership and in fostering

excellence in research/consultancy in a specific discipline, in the work unit, within the institution and within the scholarly

and general community.

Specific Duties

The specific duties may include:

• Provision of a continuing high level of personal commitment to, and distinguished achievement in, a

particular area of research/consultancy or scholarship.

• Fostering the research/consultancy of other groups and individuals within the work unit and more broadly

within the institution.

• Development of research/consultancy policy.

• Preparation of research/consultancy proposal submissions to external bodies.

• Responsibility for the oversight of financial management of grants.

• The conduct of independent research/consultancy activities in which the Staff Member may provide

leadership within a team and the preparation of conference and seminar papers, reports and publications

from that research/consultancy.

• Supervision of research and administrative Staff and other academic Staff responsible to the Chief

Research Officer.

• Making a distinguished personal contribution to the conduct of research/consultancy at all levels.

• Management of large research/consultancy projects or teams.

• Developing policy and being involved in administrative matters within the work unit or other comparable

organisational units and within the institution.

• Participating in community and professional activities related to a particular disciplinary area, including

involvement in commercial and industrial sectors where appropriate.

• Involvement in professional activities including, subject to availability of funds, attendance at conferences

and seminars in the field of expertise.

• Occasional contribution to the teaching program in the field of the Staff Member’s research/consultancy.

• Co-advisor, or where appropriate, primary advisor, of honours or postgraduate research students in the

Staff Member’s area of expertise.

• Attendance at meetings associated with research/consultancy or the work of the work unit to which the

research/consultancy is connected, and/or discipline and/or work unit meetings, and a major role in

planning and committee work.

Skill Base

A Chief Research Officer shall have the same skill base as a Senior Principal Research Officer but will be recognised

as a leading authority in the relevant discipline area, normally at an international level.

James Cook University Enterprise Agreement 2022 121

Schedule 6 Field Stations

Application

(a) Unless otherwise specified in this schedule the provisions in the James Cook University

Enterprise Agreement 2022 apply.

(b) This schedule shall apply to Staff of the University whose primary place of employment is:

(i) the Orpheus Island Research Station; or

(ii) the Daintree Rainforest Observatory; or

(iii) the Fletcherview Station; or

(iv) Any other site determined to be a Field Station by agreement of the Joint

Consultative Committee during the life of the Agreement.

Definitions

(a) A Staff Member shall mean a person whose primary place of employment is listed above.

(b) OIRS shall mean the Orpheus Island Research Station.

Salaries

(a) A Staff Member will be paid the relevant Locality Allowance as specified under this

Agreement.

(b) In acknowledgement of work conducted at the Field Stations on weekends and on public

holidays, a non-superannuable salary loading of 10% will be paid on top of the regular

fortnightly salary. The remuneration and benefits constitute payment for all work performed

by the appointees irrespective of the number of hours worked on any day, and overtime will

not be payable on these days.

Use of University Resources

Staff Members may occasionally need to use University resources for private purposes, for instance to

make a telephone call. Staff should be sensitive that in doing so they are using University resources

and in accordance with the Code of Conduct they should endeavour to ensure that such use is kept to

a minimum.

Hours of Work

(a) Staff Members will normally work 217.5 hours in a six-week period to meet operational

requirements. Part-time Staff will work less than 217.5 hours in a six-week period and

according to their contract of employment. It is recognised that these hours may fluctuate by

agreement between the parties. The work arrangements will be structured to enable Staff to

have time off the DRO and OIRS on a regular basis.

(b) At all times the hours of duty and timing of any rest pauses and meal breaks for all Staff will

be at the Supervisor’s discretion and should be taken in consideration of workload

requirements. In the interests of workplace health and safety, Staff required to work for more

than five hours will be afforded an unpaid meal break between the 4th and 6th hour of work.

122 James Cook University Enterprise Agreement 2022

The meal break shall be of at least 30 minutes duration.

Staff Members and visitors and within reasonable requirements of the University, provided

that no Staff Member should be on duty for greater than 12 hours in one continuous shift.

(d) If Staff Members are on duty for a continuous 12 hours, they shall not commence duty again

until after a 10-hour break (exclusive of meal breaks) has been taken.

(e) These provisions are intended to ensure flexibility in situations of limited Staffing. No

member of Staff should undertake, however, any work where the circumstances constitute

(or might reasonably lead to) an unsafe situation or environment.

Accommodation

(a) While residing at the work site furnished accommodation will be provided rent free, including

the cost of electricity. At the Field Stations, accommodation will also include telephone and

internet costs. This will be subject to acceptance of prescribed conditions of occupancy

details of which will be provided by the University.

(b) Staff Member accommodation will be regarded as a workplace and as such, all University

policies and procedures relating to the workplace will apply unless specifically excluded by

written application and approval by the Supervisor.

one week’s notice (exclusive of leave/days off where possible) of the intention to inspect the

accommodation and/or perform maintenance on the accommodation at a reasonable time

(i.e., during normal hours of service).

(d) Subject to operational requirements the Head of Work Unit may approve Staff to have

personal visitors to the Stations. Visitors may stay up to 1 week and will not be charged

accommodation or boat transfers unless a special authorised trip is made. Longer lengths of

stay may be approved on a case-by-case basis by the Head of Work Unit. The Supervisor is

responsible if the visitor works as a volunteer.

(e) It is accepted that alcohol consumption will occur at the Field Stations’ Staff Members’ and

Researchers' accommodation. This is acceptable provided that Staff Members are off duty,

machinery is not in use and there is no further activity in the lab or field for the day. Blood

alcohol level must be 0.00 for any person who is diving or using a vehicle, vessel, the crane

or other machinery.

Transport

(a) On commencement of work at the Field Station, the University will meet the cost of travel

from Townsville (or equivalent distance for other locations) to the Station. Return transport

will be provided at the conclusion of the employment. Personal effects, excluding furniture or

other bulky items, will be transported without charge.

James Cook University Enterprise Agreement 2022 123

Schedule 7 Recruitment, Engagement and Marketing Activities

1. Background

The following principles will apply to Staff Members conducting business on behalf of the University.

2. Objective

(a) This schedule applies to all Professional University Staff Members undertaking recruitment,

engagement and marketing activities for the University.

(b) Time off in lieu (TOIL) only applies to Staff Members employed on HEWL 9 or below.

includes periods of travel associated with that work.

(d) "Travel time" includes:

(i) 60 minutes before flight time for Domestic flights;

(ii) 3 hours before flight time for International flights; and

(iii) Travel time does not include travel to and from your home.

3. Ordinary Hours

(a) When Staff are working within Australia, the span of hours, ordinary hours, entitlement to

leave and overtime and all other conditions will be in accordance with the provisions of the

Agreement in relation to continuing Professional and Technical Staff Members.

(b) Work on weekends will be paid at overtime rates.

Supervisor and will be paid on an hour for hour basis. All work and travel on public holidays

will be in accordance with Clause 6.2 of this Schedule.

(d) When travelling on University business outside Australia, Staff Members recognise that they

are not eligible to claim overtime for any hours worked over the normal 36.25 hours per

week, but during these in-country periods their employment conditions shall be as specified

below. Accordingly, Staff Members will schedule their "in country" activities to ensure as far

as practicable that they do not intentionally exceed more than 36.25 hours of work in any

seven-day consecutive period.

4. Length of Travel

(a) In recognition of good practice within the industry and for promotion of maximum work

efficiency, University international trips should generally be restricted to:

(i) Maximum 21 days (plus travel days on either side)

(ii) Where a trip duration over 21 days is required (e.g., India, Europe), ‘rest days’ will

be built into the overall time abroad with a maximum travel period overseas not to

exceed 28 working days.

(b) The above may vary depending on individual circumstances, but only by agreement

between the individual Staff Member and the relevant Supervisor and the subsequent

approval of the Head of the Work Unit.

124 James Cook University Enterprise Agreement 2022

5. Time Off In Lieu

(a) Approved TOIL may be banked and used in conjunction with annual leave entitlements on

approval from the Supervisor, according to operational requirements.

(b) Supervisors must ensure that requests to take accrued TOIL are not unreasonably refused.

(d) A Staff Member and the relevant Supervisor may agree to a plan for TOIL to be taken

beyond 3 months. Where this occurs, the approved TOIL must be taken or paid out within a

6-month period.

6. Additional International Travel arrangements:

6.1

Weekend Work/TOIL while in country

(a) It is recognised that University international travel may require weekend work during the

course of each individual trip. In these circumstances approval may be granted for TOIL as

follows:

(i) Each full weekend day of work overseas will result in one day of TOIL at ordinary

time.

(ii) A half day of weekend work will result in 0.5 days of TOIL at ordinary time.

(iii) Social activities which are not deemed as work and where attendance is

discretionary will not count towards hours worked on a weekend.

(iv) Any function where Staff represent the University will be considered work,

including functions scheduled by event organisers.

6.2

Public Holidays while in country

International travel on behalf of the University may require Staff Members to be out of Australia when

public holidays occur. In these circumstances, Staff Members will be entitled to accrue one (1) day of

TOIL for each such public holiday, which must be taken within the calendar year in which the relevant

public holiday falls.

6.3

Rest Days

Where the duration of the international trip exceeds 14 days, two paid rest days in each 7 consecutive

days will be allowed after the 14-day period. Further rest days will be granted after each subsequent

7-day period. Rest days are not a substitute for TOIL or overtime or lost weekend days.

7. Pre-departure and Post-departure

Staff Members will be provided adequate time (normally half a day) to prepare for travel outside

Australia and adequate time (at least 24 hours) to be fully prepared and refreshed prior to returning to

work. Appointments to commence duties associated with the visit shall be as follows:

(a) Arrival before noon – First appointment from 9 am the next day

(b) Arrival afternoon – First appointment from noon the following day

James Cook University Enterprise Agreement 2022 125

Where the travel duration is longer than twenty-four (24) hours the Staff Member will be entitled to take

a 24-hour rest period.

8. Inbound/return travel

Staff Members are not expected to come to work on their day of return from outside Australia. If the

date of return is on a weekend, the Staff Member can take the next workday off in compensation.

Return to duty within the University will subsequently occur as follows:

(a) Duration of trip less than 14 days – return to work 24 hours after arrival at residence.

(b) Duration of trip more than 14 days – return to work 24 hours after arrival plus the rest of that

day (For example, arrival back home on Tuesday afternoon, return back to work Thursday

morning).

extra recovery day is recommended.

126 James Cook University Enterprise Agreement 2022

James Cook University Enterprise Agreement 2022 127

National Tertiary Education Union

Signed for and on behalf of the National

Tertiary Education Union in the

presence of:

Signature of witness Signature

Renee Veal Damien Cahill

Full name of witness Full name

1/120 Clarendon Street, South

Melbourne VIC 3205

General Secretary

Address of witness Position

1/120 Clarendon Street, South

Melbourne VIC 3205

Address

128 James Cook University Enterprise Agreement 2022

James Cook University Enterprise Agreement 2022 129

jcu.edu.au