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Our People. Our University. Our Future.
Our People. Our University. Our Future.
ENTERPRISE
AGREEMENT
2023
Our People. Our University. Our Future.
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La Trobe UniversityPart A
CONTENTS
PART A - INTRODUCTION 6
1. Title and Operation 7
2. Application and Continuity of Processes 7
3. National Employment Standards 7
PART B - GENERAL CONDITIONS 8
4. Agreement Flexibility 9
5. Indigenous Australian Employment 10
6. Intellectual and Academic Freedom 11
7. Gender Pay Equity Reporting 12
8. Union Rights and Resources 12
PART C - EMPLOYMENT UNDER THIS AGREEMENT 13
9. Mode of Employment 14
10. Continuing Employment 14
11 Fixed-term Employment 14
12. Casual Employment 20
13. Academic Casual Consolidation Program 22
14. Academic and Clinical Practitioners 23
15. Research Continuing 24
16. Full-time Employment 25
17. Part-time and Fractional Employment 26
18. Part-Year or Annualised Hours Professional Employment 26
19. Senior Staff Contracts 26
20. Probation 27
21. Recognition of Prior Service 28
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Enterprise Agreement 2023 Part A
PART D - REMUNERATION 29
22. Salaries 30
23. Salary Increases 30
24. Incremental Progression 30
25. Superannuation 31
26. Salary Packaging 31
27. Underpayments and Overpayments 32
28. Allowances and Responsibility Payments 33
29. Minimum Standards for Academic Levels (MSALs) 36
30. ProfessionalStaffClassications 37
PART E - WORKING HOURS 39
31. Academic Staff Workloads 40
32. Workload Review – Other Academic Staff 46
33. Professional Staff Workloads 47
34. Hours of Work – Professional Staff 48
35. Flexi-Span Hours – Professional Staff 48
36. Shift Work – Professional Staff 49
37. Overtime - Professional Staff 51
38. Rest Breaks – Professional Staff 52
39. Flexible Working Arrangements 53
40. Field Work 53
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La Trobe UniversityPart A
PART F - LEAVE PROVISIONS 55
41. University Holidays 56
42. End of Year Closedown 56
43. Recreation Leave 57
44. Long Service Leave 59
45. Personal, Carer’s and Infectious Diseases Leave 61
46. Parental Leave 65
47. Family and Domestic Violence Support 73
48. Cultural, Community and Other Leave 74
49. Life Events Leave 78
50. Leave to Count as Service 82
PART G - WELLBEING 83
51. Occupational Health and Safety 84
52. Workplace Adjustments 84
53. Remote Working Arrangements – Professional Staff 84
54. Right to Disconnect 85
55. Managing Ill-Health 85
56. Workers’ Compensation Leave and Make-up Pay 86
57. Journey to Work Insurance 86
PART H - PERFORMANCE AND CAREER 87
58. Enabling Performance 88
59. Outside Studies Program 89
60. Academic Promotion 90
PART I - COMMUNICATION AND CONSULTATION 91
61. Managing Change 92
62. Dispute Resolution Procedures 93
63. Workplace Issue Resolution Procedure 94
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Enterprise Agreement 2023 Part A
PART J - TERMINATION AND DISCIPLINE 97
64. Resignation 98
65. Termination of Employment at the Initiative of the University 98
66. Redundancy Procedures 98
67. Misconduct and Serious Misconduct 101
68. Breaches of the Research Code 103
69. Unsatisfactory Performance 105
70. Review of Decision to Terminate Employment or Demote 106
71. Termination on the Grounds of Ill-Health 107
SCHEDULES 109
Schedule1-PositionClassicationStandards 110
Schedule 2 - Minimum Standards for Academic Levels (MSALs) 130
Schedule 3 - Academic Staff Salary Scales 134
Schedule 4 - Professional Staff Salary Scales 143
Schedule 5 - Part-Year or Annualised Hours Professional Employment 149
Schedule 6 - Apprentices 152
Schedule 7 - Trainees 154
Schedule 8 - Local Flexibility Arrangements 160
Schedule 9 - Transition Arrangements for Increased Working Hours 165
Schedule10-Denitions 168
Schedule 11 - End of Year Closedown Calendar 173
Schedule 12 - AgriBio 176
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La Trobe University
PART A
INTRODUCTION
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Enterprise Agreement 2023 Part A
1. Title and Operation
1.1 This Agreement will be known as the La Trobe University Enterprise Agreement 2023.
1.2 The Agreement will commence operation 21 days after its approval by the Fair Work Commission. The nominal
expiry date of this Agreement is 31 March 2026.
1.3 No later than 31 January 2026, the University and the NTEU will hold discussions about when negotiations
for a new enterprise agreement will commence.
2. Application and Continuity of Processes
2.1 This Agreement applies to and covers all staff of the University other than the Vice-Chancellor and Senior
Executives.
2.2 The Parties to this Agreement are:
(a) the NTEU;
(b) La Trobe University; and
(c) all employees of La Trobe University excluding the Vice-Chancellor and Senior Executives.
2.3 While this Agreement is in operation no other award or enterprise agreement provisions apply to staff
covered by this Agreement, unless specically stated in this Agreement.
2.4 If, prior to the commencement of this Agreement, one of the following processes from the previous
2018 Agreement had already commenced, then the University will continue to apply the process from
the previous 2018 Agreement until the process is concluded (clause references below are to the 2018
Agreement):
(a) Academic probation review and appeal processes under clause 19;
(b) Processes dealing with allegations of underperformance and/or misconduct and/or serious
misconduct (including breaches of the research code), including decisions and reviews, under
clauses 33 and 34;
(c) Review of unreasonable workloads under subclauses 7.3 and 50.23;
(d) Appeals against classication under subclause 56.5;
(e) A dispute under clause 10;
(f) A grievance under Schedule 7; and/or
(g) A proposal to introduce major change under clause 9.
2.5 In interpreting this Agreement:
(a) if reference is made in this Agreement to a task, duty, role or responsibility to be fullled or undertaken
by a person in a particular position, the task, duty, role or responsibility may be fullled or undertaken by
that person’s nominee or person acting in that position or a successor position;
(b) all staff are subject to the University’s policies and procedures as amended from time to time.
However, the University’s policies and procedures are not incorporated into and do not form part of
this Agreement. To the extent of any inconsistency between a policy or procedure and a term of this
Agreement, the term of this Agreement will prevail;
(c) this Agreement contains examples. The examples are provided for guidance and to assist with
interpretation of the Agreement and are not operative provisions; and
(d) dened terms have been bolded when used throughout the Agreement to help with understanding the
meaning of the clause per Schedule 10 on page 168 of this Agreement.
3. National Employment Standards
The provisions of this Agreement are to be read in conjunction with the National Employment Standards
(NES) to the extent that if this Agreement provides a lesser entitlement than the NES, the NES will apply.
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La Trobe University
PART B
GENERAL CONDITIONS
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Enterprise Agreement 2023 Part B
4. Agreement Flexibility
4.1 The University and a staff member may agree to make an individual exibility arrangement to vary the
effect of terms of this Agreement if:
(a) the agreement deals with one or more of the following matters:
(i) allowing for the ordinary hours of work of the staff member to fall outside the span of hours in
subclause 34.2 provided that the exibility arrangement must specify alternative ordinary hours
of work for that staff member and that clause 37 (Overtime – Professional Staff) will apply, in
which case, the exibility arrangement must specify alternative ordinary hours of work; or
(ii) allowances;
(b) the arrangement meets the genuine needs of the University and the staff member in relation to one
or more of the matters mentioned in paragraph (a) above; and
(c) the arrangement is genuinely agreed to by the University and the staff member.
4.2 The University must ensure that the terms of the individual exibility arrangement:
(a) are about permitted matters under section 172 of the FW Act;
(b) are not unlawful terms under section 194 of the FW Act; and
(c) result in the staff member being better off overall than the staff member would be if no
arrangement was made.
4.3 The University must ensure that:
(a) agreement to an individual exibility arrangement is not a precondition of employment,
reclassication or promotion;
(b) agreement to an individual exibility arrangement is made after a staff member has commenced
employment with the University;
(c) the staff member is advised that they are entitled to have a Representative negotiate an individual
exibility arrangement on their behalf, providing that the arrangement does not require the consent of
a third party as specied in section 203(5) of the FW Act; and
(d) the staff member and their Representative must have at least three (3) working days to consider the
proposal.
4.4 The University must ensure that the individual exibility arrangement:
(a) is in writing, and where the staff member has limited understanding of English, the University will take
reasonable steps to ensure that the staff member understands the proposal; and
(b) includes the name of the University and staff member; and
(c) is signed by the University and staff member and if the staff member is under 18 years of age,
signed by a parent or guardian of the staff member; and
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the staff member will be better off overall in relation to the terms and conditions of their
employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
4.5 The University must give the staff member a copy of the individual exibility arrangement within 14 days
after it is agreed to and retain a copy as a time and wages record.
4.6 The University or staff member may terminate the individual exibility arrangement:
(a) by giving 28 days’ written notice to the other party to the arrangement; or
(b) if the University and staff member agree in writing - at any time.
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La Trobe UniversityPart B
5. Indigenous Australian Employment
5.1 The University will maintain an Indigenous Australian Strategy, which includes a strategy for the
employment and retention of Indigenous Australian staff.
5.2 The Parties recognise that a supportive working environment for Indigenous Australian staff requires the
redress of racism, social injustice, exploitation and employment inequity and recognises the principles of
social and restorative justice and cultural afrmation.
5.3 The University will make best endeavours to increase its number of Indigenous Australian staff to at least
3% of the University’s total stafng population by the nominal expiry date of this Agreement, equivalent
to 113 staff members. The NTEU commits to assisting the University to meet this target.
5.4 Should the NTEU form the view that the University is not making its best endeavours to reach the
employment target, the NTEU can access the Dispute Resolution Procedures under clause 62 to attempt
to resolve the matter.
5.5 For the avoidance of doubt, a failure to meet the target referred to in subclause 5.3 will only be regarded
as a breach of this Agreement where it can be established that such a failure results from the University
failing to take active measures to meet the target.
5.6 The University will develop and maintain an Indigenous Australian Cultural Safety Awareness and
Capability training module that will be mandatory for continuing and xed-term staff to undertake.
5.7 Wherever reasonably possible any selection panel established for the selection for appointment to a
position identied for an Indigenous Australian will have Indigenous Australian membership (including,
where appropriate, the Pro Vice-Chancellor (Indigenous)). Such panels will otherwise be constituted in
accordance with established processes.
Cultural Leave
5.8 The University provides leave under this Agreement to support Indigenous Australian staff to full their
cultural, ceremonial or family obligations, including:
(a) Indigenous Australian Leave (clause 48)
(b) Cultural or Religious Purposes Leave (clause 48)
(c) Indigenous Australian Kinship Carer’s Leave (clause 45)
(d) Indigenous Australian Kinship Parental Leave (clause 46)
Indigenous Australian knowledge and expertise
5.9 The University recognises that Indigenous Australian staff bring specic knowledge and expertise to their
position, which may include prociency in Indigenous Australian languages. In addition to carrying out
their duties and responsibilities as dened by their positions, Indigenous Australian staff members are
often called upon to utilise their knowledge and expertise as a contribution to the University and other
bodies of knowledge.
5.10 In acknowledging this, Indigenous Australian staff employed on a continuing or xed-term basis may be
entitled to an Indigenous Australian salary loading, in accordance with subclause 28.1.
5.11 Indigenous Australian academic staff may be entitled to an Indigenous Australian Service Allocation of 5%
as part of their Academic Workload, in accordance with subclause 31.17(m).
Indigenous Australian Workforce Steering Committee
5.12 An Indigenous Workforce Steering Committee will monitor and support the provisions of this clause,
including the University’s best endeavours commitment in subclause 5.3 to increase the number of
Indigenous Australian staff. The Committee will be made up of University staff, Indigenous Australian
staff, a representative of the NTEU and at the discretion of the Chair of the Committee may involve
nominee(s) of particular Indigenous communities in respect of matters specically affecting that
particular community. This Committee should meet at least quarterly.
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Enterprise Agreement 2023 Part B
5.13 The Indigenous Workforce Steering Committee should report annually on the progress in achieving the
objectives of the targets set by the University. The report should be made to the Vice-Chancellor, Pro
Vice-Chancellor (Indigenous), Executive Director, Human Resources and the NTEU La Trobe Branch and be
published on the University Intranet.
6. Intellectual and Academic Freedom
Intellectual Freedom
6.1 As part of achieving its goals the University makes the following commitments:
(a) The University recognises that its greatest assets are its staff and students, and that its capacity to
support, develop and provide critique of Australian society will be greatest when intellectual freedom
is exercised in a manner consistent with a responsible search for knowledge and its dissemination.
(b) The University will encourage a genuinely collegial University, within which problems are shared and
worked on collectively, and also within which staff members are encouraged to participate in the
University’s operations.
(c) The University supports and upholds the concept and practice of intellectual freedom, which
includes the right of all staff to:
(i) Raise matters relating to alleged corrupt conduct or maladministration in accordance with
University policy and applicable legislation; and
(ii) Participate in professional or representative academic bodies in their personal capacity or in
their professional capacity with University approval.
6.2 Staff members must remain at all times subject to the law, terms of engagement and University Code of
Conduct.
Academic Freedom
6.3 Academic staff members or staff members engaged in academic work are encouraged to contribute to
public debate and discussion on matters relevant to their areas of specialist knowledge and expertise.
6.4 The University’s Protection of Freedom of Speech and Academic Freedom Policy and the Media
Engagement and Public Utterances Policy set out the University’s commitments regarding the protection
of freedom of speech and Academic Freedom for academic staff or staff engaged in academic work. The
policies currently include the protection of freedom of speech, Academic Freedom and the freedom of
academic staff or staff engaged in academic work to:
(a) Pursue critical and open enquiry, teach, assess, research and to disseminate, discuss and publish the
results of their research;
(b) engage in intellectual inquiry, to express their opinions and beliefs (including if these opinions are
controversial or unpopular), and to contribute to public debate, in relation to their subjects of study
and research;
(c) express their opinions in relation to the higher education provider in which they work or are enrolled;
(d) make lawful public comment on any issue in their personal capacities, without constraint imposed by
reason of their employment by the University; and
(e) participate in professional and representative bodies, including industrial associations, community
service organisations and legislative or governmental bodies and inquiries related to their subjects
of study and research. The University will not tolerate harassment, unfair treatment, victimisation or
retaliation against staff who exercise this capacity.
6.5 Academic staff members or staff engaged in academic work will not be taken to be exercising Academic
Freedom where they engage in bullying, intimidation, harassment or vilication or unlawful discrimination.
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La Trobe UniversityPart B
6.6 Notwithstanding anything else in this Agreement, the exercise of Academic Freedom within the meaning
of subclauses 6.4 and 6.5 will not constitute Misconduct or Serious Misconduct under clause 67
(Misconduct and Serious Misconduct).
6.7 If the University seeks to change the protections under the policies in subclause 6.4 such that they
impact the protections under subclause 6.4(a) to (e) then the University will consult with the NTEU on
the proposed changes. Such changes to these protections may only be made with the agreement of the
General Secretary of the NTEU.
7. Gender Pay Equity Reporting
The University will review and publish remuneration data once in every twelve (12) month period to
analyse and identify issues related to gender pay equity within the University.
8. Union Rights and Resources
8.1 The University will provide the NTEU La Trobe Branch with the following services and facilities free of
charge:
(a) an ofce space to accommodate two (2) people and associated meeting room on the Melbourne
(Bundoora) campus of the University with access to the Internet, telephone and email; and
(b) the ability to provide information and/or a link to NTEU information for new and current staff via the
University Intranet.
8.2 The University will provide a staff member, upon request, with payroll deduction of union dues at no cost
to the staff member or the NTEU.
8.3 The University will negotiate appropriate time release arrangements for elected union representatives.
8.4 Attendance at enterprise bargaining meetings as a NTEU negotiator, attendance at University policy
committees as a NTEU representative/nominee or involvement in a formal consultation process within the
University as a NTEU representative/nominee will be recognised as a contribution to the University.
8.5 The number of NTEU negotiators who are to receive time release and the appropriate amount of
time release will be discussed and agreed at the rst enterprise bargaining negotiation meeting. Staff
employed through external grant funding who are granted time release will be funded for that time release
through central funding. Where staff are required to travel between a regional and metropolitan campus of
the University to participate as an NTEU negotiator, reasonable travel or accommodation will be provided
or, at the University’s discretion, reimbursed.
8.6 The NTEU will be entitled to provide the University with materials about the NTEU, including a
membership form, which the University will make available to new staff members via a link to the NTEU
website from the University’s Intranet.
8.7 The University will allow elected NTEU representatives and NTEU workplace representatives
reasonable time to engage in NTEU National, Division or La Trobe Branch related activities during working
hours provided these activities do not unduly interfere with their normal duties.
8.8 Where an absence from work is involved, prior notication will be given to the relevant senior leader or
supervisor.
8.9 Staff members are entitled to reasonable union-related use of University provided email and web access.
There will be no deliberate interference with email or web communication between University staff and
NTEU ofces or ofcers.
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Enterprise Agreement 2023
Page 13
PART C
EMPLOYMENT UNDER
THIS AGREEMENT
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La Trobe UniversityPart C
9. Mode of Employment
9.1 The University may employ a staff member on a continuing, xed-term, casual or Research Continuing
basis. Such employment (other than casual employment) may also be on the basis of:
(a) full-time (in accordance with clause 16);
(b) part-time or fractional (in accordance with clause 17);
(c) part-year or annualised hours professional employment (in accordance with clauses 18); and/or
(d) academic and clinical practitioners (clause 14).
9.2 Upon engagement, the University will provide staff with an instrument of appointment that sets out the
type of employment and terms of their engagement, including:
(a) for staff other than casual staff, the classication level and salary of the staff member on
commencement of the employment, and the hours or the fraction of full-time hours to be worked;
(b) for a xed-term staff member, the starting and nishing dates of that employment (or in lieu of
a nishing date, the circumstance(s) or contingency relating to a specic task or project, upon the
occurrence of which the term of the employment will expire), and the xed-term category that the
staff member has been engaged under;
(c) for casual staff the duties required, the classication level and the rate of pay for each class of duty
required;
(d) for any staff member subject to probationary employment, the length and terms of the probation;
(e) other main conditions of employment including the duties and reporting relationships to apply upon
appointment.
9.3 Nothing in this Agreement will prevent a continuing or xed-term staff member from engaging in
additional work as a casual that is unrelated to or separate from the staff member’s normal duties.
9.4 All staff are entitled to apply for internally advertised University positions.
10. Continuing Employment
Continuing Employment means all employment other than Research Continuing Employment,
Fixed-term Employment or Casual Employment.
11 Fixed-term Employment
11.1 A staff member may be employed on a xed-term basis. With the exception of subclause 11.7, this clause
only applies to xed-term contracts entered into after the Commencement Date of this Agreement.
11.2 Nothing in this Agreement requires the University to change the current term of the engagement of any
staff member employed on a xed-term or other limited term non-casual contract that was in place prior
to the commencement of this Agreement.
11.3 A xed-term staff member, other than an apprentice or trainee, who has a period of continuous service
in a classication which has an incremental structure will be entitled to progress through that structure in
the same way as a staff member with continuing employment in the same classication.
11.4 Subject to compliance with the FW Act, the use of Fixed-term Employment will be limited to the
employment of a staff member under one or more of the following categories:
(a) Specic Task or Project
The University may offer Fixed-term Employment to undertake a“specic task or project”.
A “specic task or project” is:
(i) a denable work activity which has a starting time and which is expected to be completed
within an anticipated time frame; and/or
(ii) a period of employment provided for from contingent funding, where the contingent funding
is at least 50% of the funding for the position.
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Enterprise Agreement 2023 Part C
(b) Research
The University may offer Fixed-term Employment to undertake research only functions for a
contract period not exceeding ve (5) years.
Where a research grant or like revenue source supporting a particular period of research only
employment runs for a dened period of time, or is reasonably expected to do so, then xed-term
appointments will be for the whole of the period of the grant unless:
(i) the required commencement or completion time of particular work within a research project
is shorter than the grant period, in which case xed-term appointments will be for the whole of
the period the work is expected to be required; or
(ii) the required completion time of the work is genuinely not ascertainable at the commencement
of the engagement of the staff member, in which case the appointment may have an expiry date
contingent on the completion of the work; or
(iii) the staff member requests a shorter contract.
Upon appointment to a research only position under this subclause, the University will advise the
staff member in writing of their right to apply for and be appointed to a Research Continuing
position subject to meeting the eligibility criteria in subclause 15.3.
(c) Replacement Staff Member
The University may offer Fixed-term Employment to a “replacement staff member”. “Replacement
staff member” means employment of a staff member:
(i) to undertake the work activity of a full-time or part-time staff member for a denable period
for which the staff member is absent on leave or temporary secondment or transfer, or
temporarily performing duties other than those of their substantive position, or temporarily
working at a reduced time-fraction; or
(ii) to perform the duties of a vacant position for which the University has made a denite
decision to ll and has commenced recruitment action; or
(iii) to perform the duties of a position where the substantive occupant of that position is
performing higher duties pending the outcome of recruitment action initiated by the University
and in progress for that higher duties position.
(d) Recent Professional Practice Required
The University may offer Fixed-term Employment where professional, commercial, clinical or
vocational education will be undertaken by a person who has recent practical or commercial
experience. For the purpose of this clause, practical or commercial experience will generally be
considered as recent only when it has occurred in the ve (5) year period prior to the appointment.
Staff employed under this category may be engaged for a xed period not exceeding ve (5) years.
(e) Pre-retirement Contract
The University may offer a xed-term “Pre-retirement contract” to a staff member who has
declared their intention to retire. The period of employment for a xed-term pre-retirement contract
will not exceed ve (5) years.
(f) Post-retirement Contract
The University may offer a xed-term “Post-retirement contract” to a person who has formally
retired from the workforce.
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La Trobe UniversityPart C
(g) Student Employment
The University may offer Fixed-term Employment to a person who is enrolled in the University as
a student for work activity that is generally related to a degree/course the student is undertaking.
The Fixed-term Employment will:
(i) 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, including any period that the person is not enrolled as
a student, but is awaiting their results;
(ii) not exceed a total period of ve (5) years; and
(iii) not exceed an average time-fraction of 0.5 FTE during the teaching periods in which the
student is undertaking their studies.
The University will not use this employment provision to avoid its obligation to engage staff
in accordance with other modes of employment covered by this Agreement. No person will be
encouraged or required to enrol as a student for the sole purpose of obtaining employment.
(h) Apprenticeship or Traineeship
The University may offer Fixed-term Employment to an apprentice or trainee employed under an
apprenticeship or traineeship approved by a training authority, or a person employed under a special
Commonwealth or State Government employment or training scheme. Specic conditions for
apprentices and trainees are covered in Schedule 6 and Schedule 7 of this Agreement.
(i) Early Career Development Fellowships
(i) The University may offer Fixed-term Employment to an academic staff member engaged in a
teaching and research or research only academic position for a xed-term period of two (2)
years as an Early Career Development Fellowship (ECDF).
(ii) Appointment to an ECDF will be restricted to persons who:
A. have been awarded a PhD or Professional Masters degree;
B. have performed casual teaching work for an Australian university.
C. are not currently employed on a continuing basis at an Australian university.
(iii) Successful applicants will be selected from eligible candidates on academic merit.
(iv) If a staff member reaches two (2) years’ continuous employment in this category, at the
conclusion of their Fixed-term Employment, the University will consider the staff member
for conversion to continuing employment and will not unreasonably withhold offering
appointment to continuing employment, subject to:
A. the staff member having performed satisfactorily throughout their employment;
B. the work being performed is substantially required to be performed;
C. the staff member otherwise meeting the requirement of a continuing academic staff
member.
If the University does not offer appointment to continuing employment it will provide reasons
for such in writing.
(j) New Organisational Area
(i) The University may offer Fixed-term Employment in a newly established organisational area,
about which there is genuine uncertainty for up to three (3) years prior to or from the
establishment of any such area.
(ii) For the purpose of this subclause a new organisational area will be either:
A. positions established in relation to a new or substantially modied discipline or
sub-discipline area of academic work not previously offered; or
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Enterprise Agreement 2023 Part C
B. an academic function organised in either a new geographical location distant from
existing campuses where that function is offered or organised distinctly from existing schools
or centres and not created from the merger or division of or movement of work from the
existing unit(s).
(iii) Fixed-term Employment offered in the circumstances described in subclause 11.4(j) above will
be subject to the following conditions:
A. should the position or substantially the same position occupied by the staff member
continue beyond the maximum contract period (three (3) years) the staff member will,
subject to satisfactory performance, be offered continuing employment in that position (or
in another agreed position) at the conclusion of the contract period;
B. where a xed-term staff member employed in this circumstance is not offered
further employment, they will receive the following severance payment on cessation of
employment:
1) For periods of Fixed-term Employment up to two (2) years: ve (5) weeks’ severance
pay; or
2) For periods of Fixed-term Employment between two (2) and three (3) years: seven (7)
weeks’ severance pay; and
3) This subclause will replace any entitlement to severance pay provided for elsewhere in
this Agreement.
C. Should a position not be offered under subclause 11.4(j)(iii)(B) above, upon request by the
staff member, the University will, for three (3) months prior to the expiry of the contract,
make reasonable attempts to identify other employment opportunities within the University.
(k) Disestablished Organisational Area
Where an organisational work area consisting of at least three (3) staff (or with the agreement of the
NTEU, fewer staff) has been the subject of a decision by the University to discontinue that work
within three (3) years, the University may offer Fixed-term Employment in that area provided that:
(i) should the decision to discontinue the work area be reversed, or should for any other reason
that staff member’s position or substantially the same position continue beyond a three (3)
year period, the staff member will be offered that work on a continuing basis; and
(ii) should a position not be offered under subclause 11.4(k)(i) upon request by the staff member,
the University will, for three (3) months prior to the expiry of the contract, make reasonable
attempts to identify other employment opportunities within the University.
(l) Alternative to Casual Employment
(i) The effect of this subclause will not be to replace continuing positions with xed-term positions.
(ii) At the discretion of the University, the University may offer Fixed-term Employment where
the work to be performed has typically been performed by casual staff and would otherwise be
performed by casual staff.
(iii) Employment pursuant to this subclause may be offered for a period of no more than ve (5)
years and for no less than twelve (12) months (unless otherwise provided for in this Agreement).
(iv) Should the same or substantially the same position occupied by the staff member continue
beyond a period of ve (5) years, subject to satisfactory performance, the staff member will
be offered continuing employment in that position (or in another agreed position) at the
conclusion of the contract period.
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La Trobe UniversityPart C
Termination of Fixed-term Employment
11.5 During the period of Fixed-term Employment, the staff member’s employment may be terminated by
the University:
(a) during the staff member’s probation period;
(b) for performance and conduct issues in accordance with Clauses 67; 68; or 69;
(c) in the case of contracts of twelve (12) months or more duration, for reasons of redundancy
during the xed-term in which case the staff member will be paid a redundancy payment equal
to the redundancy payment calculated under subclause 66.7 or the balance of the
xed-term, whichever is the lesser.
Nothing in this Agreement prevents the University paying out the balance of a contract in circumstances
where the terms of the contract are not being fullled.
Notice of Expiry of Contract
11.6 The University will provide to a xed-term staff member, other than a staff member described in
subclauses:
(a) 11.4(e) (Pre-Retirement Contract); or
(b) 11.4(h) (Apprenticeship or Traineeship), six (6) weeks’ written notice of the expiry of the contract.
11.7 Upon receipt of notice, the relevant supervisor and staff member will meet to discuss whether further
employment is likely to be offered including any other potential future employment opportunities.
Right to Further Employment
11.8 This clause applies to all xed-term staff unless either of the following circumstances apply:
(a) the staff member is employed in accordance with one of the following subclauses:
(i) 11.4(a) (where employed under a Graduate Recruitment Program);
(ii) 11.4(e) (Pre-retirement Contract);
(iii) 11.4(f) (Post-retirement Contract);
(iv) 11.4(g) (Student Employment);
(v) 11.4(h) (Apprenticeship or Traineeship);
(vi) 11.4(i) (Early Career Development Fellowship);
(vii) 11.4(l) (Alternative to Casual Employment); or
(b) proceedings under Clauses 67 (Misconduct and Serious Misconduct); 68 (Breaches of the Research
Code); or 69 (Unsatisfactory Performance) have commenced against the staff member or
disciplinary action has been taken.
11.9 Where the University continues the position, the incumbent will be offered further employment in the
position in the appropriate non-casual mode of employment provided that:
(a) the staff member was employed in the position through a merit selection process; and
(b) the staff member has performed satisfactorily in that position; and
(c) in the case of a staff member employed pursuant to subclause 11.4(c) (Replacement Staff Member),
the staff member will only be offered further employment if they have a minimum of 24 months’
continuous service as a replacement staff member, and at the end of the current contract the work
will not be performed by another existing staff member.
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Enterprise Agreement 2023 Part C
Severance Payment
11.10 A staff member is entitled to severance pay on the expiry of the staff member’s period of Fixed-term
Employment in accordance with the following table where:
(a) the staff member is employed in the xed-term categories of “specic task or project” (subclause
11.4(a)) or “Research” (subclause 11.4(b)); and
(b) the staff member has been employed for two (2) or more consecutive periods of Fixed-term
Employment; and
(c) the University has decided not to offer the staff member either employment for a further period of
Fixed-term Employment or employment on a continuing basis.
Period of continuous service Severance pay
Up to the completion of 2 years 4 weeks’ pay
2 years and less than 3 years 6 weeks’ pay
3 years and less than 4 years 7 weeks’ pay
4 years and less than 5 years 8 weeks’ pay
5 years and less than 6 years 10 weeks’ pay
6 years and less than 7 years 11 weeks’ pay
7 years and less than 8 years 13 weeks’ pay
8 years and less than 9 years 14 weeks’ pay
9 years and less than 10 years 16 weeks’ pay
At least 10 years 12 weeks’ pay
11.11 Severance payments will not be made where the staff member:
(a) declines an offer of reasonable employment;
(b) resigns;
(c) is employed on contingent funding and secures employment on the same or substantially similar
terms with another organisation associated with the contingent funding of the position; or
(d) the University advises a staff member in writing that further employment may be offered within
six (6) weeks of the expiry of the period of Fixed-term Employment the University may defer the
payment of a severance payment for a maximum period of four (4) weeks from the expiry of the
Fixed-term Employment.
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La Trobe UniversityPart C
Fixed-Term Contracts – Review Process
11.12 Where a staff member employed under a xed-term contract entered into after 18 December 2009
believes that they were employed on a xed-term basis contrary to the requirements of clause 9
(Mode of Employment) and clause 11 (Fixed-term Employment), the staff member may seek a review
of their initial engagement with the Executive Director, Human Resources. The University will conduct
an investigation and provide a written report to the Executive Director, Human Resources, with a copy
provided to the staff member.
11.13 Where it has been established under subclause 11.12 that the use of Fixed-term Employment was not
properly established at the time of appointment in accordance with clause 9 (Mode of Employment) and
clause 11 (Fixed-term Employment) above, the University will offer the staff member an appropriate
appointment.
12. Casual Employment
12.1 The following clauses of this Agreement do not apply to casual staff:
(a) clause 4 – Agreement Flexibility;
(b) subclause 11.4(h) – Apprentices and Trainees;
(c) clause 17 – Part-time and Fractional Employment;
(d) clause 20 – Probation;
(e) clause 26 – Salary Packaging;
(f) clause 34 – Hours of Work - Professional Staff;
(g) clause 35 – Flexi-Span Hours – Professional Staff;
(h) clause 36 – Shift work – Professional Staff;
(i) clause 37 – Overtime – Professional Staff;
(j) clause 41 – University Holidays (except for subclause 41.6);
(k) clause 66 – Redundancy Procedures;
(l) clause 67 – Misconduct and Serious Misconduct;
(m) clause 69 – Unsatisfactory Performance;
(n) clause 71 – Termination on the Grounds of Ill-Health;
12.2 Casual staff are entitled to the following paid leave provisions:
(a) Infectious Diseases Leave;
(b) Family and Domestic Violence leave; and
(c) Long service leave in accordance with subclause 44.12.
12.3 Casual staff are entitled to unpaid parental leave as set out in subclause 46.2.
12.4 The provisions of clauses 41-50 (Leave Provisions) will apply to casual staff, subject to the following:
(a) Casual staff will have no entitlement to paid leave under Clauses 43 (Recreation Leave), 45 (Personal,
Carer’s and Infectious Diseases Leave) (except for Infectious Diseases Leave), 46 (Parental Leave); 48
(Cultural, Community and Other Leave); and 49 (Life Events Leave).
(b) Casual staff will be entitled to unpaid leave, subject to the same evidentiary requirements as apply
to paid leave entitlements for other staff, under 45 (Personal, Carer’s and Infectious Diseases Leave);
48 (Cultural, Community and Other Leave); and 49 (Life Events Leave).
(c) The entitlements of casuals to leave under clauses 44 (Long Service Leave), 46 (Parental Leave) and
47 (Family and Domestic Violence Support) are set out in those clauses.
12.5 Casual staff are entitled to the benet of clause 56 (Workers’ Compensation Leave and Make-Up Pay).
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Enterprise Agreement 2023 Part C
Casual Conversion
12.6 Offers and requests for conversion from casual employment to full-time or part-time employment are
provided for in the NES.
Casual Professional Staff
12.7 A casual professional staff member means a person who is offered and accepts employment on the
basis that no rm advance commitment to continuing and indenite work according to an agreed pattern
of work is made.
12.8 Casual professional staff are engaged and paid on an hourly basis with hours of work rounded-up to the
nearest 15 minutes. Time worked by a casual professional staff member includes time participating in
approved training as directed by their supervisor.
12.9 A casual professional staff member will be paid a casual loading of 25% in addition to the base ordinary
hourly rate for the work performed. The casual loading is paid to the staff member in lieu of benets
provided under this Agreement to staff members who are not casual staff members.
12.10 Casual professional staff will be engaged for the following minimum periods, unless otherwise agreed to
meet their personal circumstances:
Current University students enrolled at La Trobe who
are engaged to perform work on any Monday to Friday
during the main teaching weeks of the University,
other than University Holidays
1 hour
Staff with a primary occupation at the University or
elsewhere outside the University
1 hour
All others 3 hours
12.11 A casual professional staff member who works in excess of 36.25 hours in any single week or more
than nine (9) hours on one day will be entitled to overtime payments for the excess time worked. Where
overtime is payable, the casual loading will not be payable and a casual professional staff member will
be entitled to receive the casual rates as set out below:
(a) Weekday and Saturday overtime – time and a half for the rst three (3) hours and double time
thereafter; or
(b) Sunday overtime – double time; or
(c) University holidays – double time and a half.
12.12 For the purposes of this clause a single week is dened as being from Saturday to Friday.
Casual Academic Staff
12.13 An academic staff member may be employed on a casual basis by the hour and paid on an hourly basis.
Casual academic rates of pay are set out in Schedule 3 of this Agreement. The rates in Schedule 3
include a casual loading of 25%. The casual loading is paid to the staff member in lieu of benets provided
under this Agreement to staff members who are not casual staff members.
12.14 An academic casual staff member must be engaged and paid for a minimum period of two (2) hours
per occasion they are required to attend work by the University, inclusive of any incorporated time and
payment for preparation or associated working time already provided for or assumed to be included in
the casual academic rates or descriptors outlined in Schedule 3 of this Agreement.
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La Trobe UniversityPart C
12.15 The University will provide the following academic casual staff compliance, learning and development
package:
(a) A casual academic staff member who is engaged to deliver teaching for at least one semester within
an academic year will be entitled to be paid for Learning and Development Activities in accordance
with this clause.
(b) Payment for Learning and Development Activities is for up to four (4) hours per academic year and is
paid at the rate for Other Academic Activity specied in Schedule 3.
(c) In a staff member’s rst year of employment at the University, the Learning and Development
Activities will include one (1) hour of paid compliance activities, as provided for by the University,
and up to three (3) hours’ paid induction for familiarisation with University policies and procedures,
including in respect of teaching and learning activities (such as in respect of assessment, student
misconduct, plagiarism, moderation and similar policies and procedures).
(d) In subsequent years, the Learning and Development Activities will include four (4) hours of paid
compliance activities and development activities that contribute to a staff member’s learning and
teaching skills and have been authorised by the University.
(e) In order to claim payment for Learning and Development Activities, a staff member must
demonstrate that the Learning and Development Activity has been undertaken.
13. Academic Casual Consolidation Program
13.1 The intent of this clause is to see a reduction in the overall use of academic casual employment and to
provide a meaningful pathway for casual academic staff to ongoing academic employment.
13.2 The University will make its best endeavours to reduce the proportion of teaching and teaching-related
work performed by casual staff over the life of the Agreement by at least an equivalent proportion of
teaching and teaching-related work performed by the staff employed under this clause, measured on an
annual basis over a calendar year. For the purpose of this subclause:
(a) The baseline year from which the reduction will be measured is 2022; and
(b) The University will not be regarded to have breached subclause 13.2 as a result of any signicant
changes in the amount of teaching work performed at the University that may occur as a result of
alterations to University programs or structure.
13.3 As part of the program, the University will create and offer 65 FTE continuing academic positions
(Positions), as follows:
(a) On or before 31 December 2024: 25 FTE Positions
(b) On or before 31 December 2025: a further 20 FTE Positions; and
(c) On or before 31 December 2026: a further 20 FTE Positions.
13.4 Offers will be made at a:
(a) minimum time-fraction of 0.4 FTE, save that:
(i) a minimum 25% of overall offered Positions must be at 1.0 FTE; and
(ii) a minimum of an additional 25% of overall offered Positions must be at least 0.8 FTE; and
(b) minimum salary of Level A step 2, provided that staff members who hold a relevant doctoral
qualication will be paid a minimum salary of Level A step 6.
13.5 Positions will be advertised internally in the rst instance.
13.6 To be eligible, internal applicants must:
(a) Have casual experience totalling at least two (2) teaching sessions at the University in the previous
two (2) years;
(b) Have not held a continuing position in a university in the previous three (3) years.
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Enterprise Agreement 2023 Part C
13.7 If the University is unable to ll the required Positions with internal applicants who satisfy the
requirements in subclause 13.6 and are appointable based on merit, the University will advertise the
Positions externally.
13.8 The workload of all successful applicants will be determined in accordance with clause 31 (Academic
Staff Workloads).
13.9 The University will report annually to the NTEU on:
(a) The total number of Positions lled in accordance with this clause; and
(b) The proportion of total teaching hours being performed by casual academic staff.
13.10 For avoidance of doubt, any appointments made by the University under clause 14 (Academic and
Clinical Practitioners) will not count towards the FTE of Positions outlined in subclause 13.3.
14. Academic and Clinical Practitioners
14.1 The University may employ academic staff as Academic or Clinical Practitioners in accordance with this
clause.
14.2 These positions will be offered on an ongoing basis, or on a xed-term basis in accordance with clause
11 (Fixed-term Employment), except that, Academic and Clinical Practitioners cannot be engaged in the
xed-term categories of:
(a) Research;
(b) Recent Professional Practice Required;
(c) Teaching Fellowships;
(d) Early Career Development Fellowships; and
(e) Alternative to Casual Employment
14.3 Academic Practitioners and Clinical Practitioners will be employed at a minimum salary of Level A step 2,
provided that academic staff members who hold a relevant doctoral qualication will be paid a minimum
salary of Level A step 6.
Academic Practitioners
14.4 In the rst instance, Academic Practitioner positions will be advertised internally, and preference will be
given to applicants who have been performing casual academic work for the University. If an internal
appointment is unable to be made on merit, the University may advertise the Academic Practitioner
position externally.
14.5 Applicants for Academic Practitioner positions will:
(a) have at least one (1) year’s academic employment experience at an Australian university (excluding a
person who is currently employed on a continuing basis), or
(b) have professional or clinical expertise.
14.6 Academic Practitioners will be employed at a maximum time-fraction of 0.2 FTE and will principally
undertake teaching and teaching related work that would otherwise have been performed in the
University by casual academic staff or a former or current Academic Practitioner.
14.7 Academic Practitioners may be allocated up to 100% of their workload in the combined categories of
teaching, activities related to teaching and teaching scholarship, in accordance with clause 31 (Academic
Staff Workloads).
14.8 An Academic Practitioner may apply for promotion in accordance with the University’s promotion
process.
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La Trobe UniversityPart C
Clinical Practitioners
14.9 The University may advertise Clinical Practitioner positions internally or externally.
14.10 Clinical Practitioners will be employed at a maximum time fraction of 0.6 FTE and will principally undertake
supervision of students participating in practical or health clinics, which may include health clinical
settings.
14.11 Clinical Practitioners may be allocated up to 100% of their workload in the combined categories of
teaching and activities related to teaching in the clinical setting, in accordance with clause 31 (Academic
Staff Workloads).
15. Research Continuing
15.1 A xed-term academic or professional staff member who meets the requirements set out in this clause
will be offered Research Continuing employment.
15.2 Where a staff member believes that they satisfy the eligibility criteria set out in subclause 15.3, the staff
member may apply for Research Continuing employment. The University will, subject to subclause 15.3
and subclause 15.4 offer the staff member Research Continuing employment with effect from the rst
day following the completion of four (4) years’ continuing service.
15.3 To be eligible for an offer of Research Continuing employment the staff member will:
(a) have been appointed to a research only position (or positions) for a period of continuous service
of four (4) years or more, where the majority of the funding for the position(s) has
been contingent funding; and
(b) be engaged on a second or subsequent xed-term contract; and
(c) have performed satisfactorily in their position.
15.4 In circumstances where the University reasonably believes that the contingent funding that supports
a staff member’s appointment is not likely to continue beyond a period of six (6) months from the date
an application is made in accordance with subclause 15.2, the University will not be required to make an
offer of Research Continuing employment to the staff member, and the staff member will continue to be
engaged on a xed-term contract. If, however, the staff member is still employed in a xed-term research
only role funded by contingent funding six (6) months after making application in accordance with
subclause 15.2, the staff member will be offered Research Continuing employment.
15.5 Notwithstanding the above, a new or existing xed-term research only staff member may be offered,
at the discretion of the relevant Senior Deputy Vice Chancellor, Deputy Vice Chancellor or Provost (or
equivalent), Research Continuing employment.
15.6 The following provisions do not apply to Research Continuing staff:
(a) clause 63 (Workplace Issue Resolution Procedure) to the extent that the workplace issue relates to
any decision to offer, not offer, continue or terminate Research Continuing employment;
(b) clause 61 (Managing Change) in respect of the contingent position that the staff member occupies;
and
(c) clause 66 (Redundancy Procedures). In the case of redundancy, the provisions set out in this clause
will apply.
15.7 Where the duties they perform are no longer required to be performed, or the funding that supports the
position ceases:
(a) The University will consider whether to provide an alternative funding source to support the staff
member’s employment for a specied period.
(b) The University may transfer the staff member to another equivalent position or, at the request of the
staff member, consult with the staff member in relation to other positions.
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Enterprise Agreement 2023 Part C
(c) If the University does not allocate an alternative funding source or a transfer does not occur, the
staff member will be provided with a minimum of four (4) weeks’ notice of termination, or ve (5)
weeks if the staff member is over 45 years of age. The University may, at its discretion, choose to
make a payment in lieu of notice.
(d) If, during the notice period, the contingent funding for the position is renewed, the notice period
ceases to apply and employment continues.
(e) If an application for renewal of the contingent funding for the position is still pending, the period of
employment may continue for any period of paid leave the staff member is entitled to and
thereafter, at the discretion of the University, to unpaid leave to retain the employment relationship
until a decision on the contingent funding is made. Payment of severance and leave may be delayed
for up to nine (9) weeks to facilitate continuation of service.
(f) At the end of the notice period (and any such approved leave in accordance with the above) the
employment relationship will cease and the severance payment in accordance with subclause 15.8
below, will be made to the staff member.
15.8 If a staff member’s employment is terminated for reason of redundancy, the staff member will be
provided notice in accordance with subclause 15.7(c), and a redundancy payment, of up to a maximum of
26 weeks, calculated as follows:
Entitlement Maximum
entitlement in
number of weeks
Redundancy pay of eight (8) weeks’ salary 8 weeks
Plus service-based Redundancy pay of two (2) weeks’
salary for each completed year of service over and
above four (4) years
18 weeks
15.9 Upon termination the staff member will also receive payment in lieu of untaken accrued long service
leave, including where they have less than seven (7) years’ service.
15.10 Redundancy payments will not be made where the staff member:
(a) declines the further employment or a reasonable offer of redeployment where funding for their
position ceases; or
(b) resigns; or
(c) secures the same or similar employment with another employer associated with the contingent
funding of the position.
15.11 An academic staff member employed on a Research Continuing contract of employment in accordance
with this clause will continue to be regarded as a member of the University’s research only staff for the
purposes of the MSALs.
15.12 Nothing in this clause will preclude a staff member who is employed on contingent funding from being
offered a continuing appointment in accordance with clause 10 of this Agreement.
16. Full-time Employment
16.1 A continuing, xed-term or Research Continuing staff member may be employed on a full-time basis.
16.2 Full-time employment means employment other than part-time/fractional employment; part-year or
annualised hours professional employment or casual employment.
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La Trobe UniversityPart C
17. Part-time and Fractional Employment
17.1 A continuing, xed-term or Research Continuing staff member may be employed on a part-time/
fractional basis.
17.2 Part-time/fractional employment means employment for less than the normal weekly ordinary hours of
work of a full-time staff member.
17.3 A part-time/fractional staff member may be engaged to work regular hours per pay cycle, or may be
engaged under the Part-Year or Annualised Hours Professional Employment (in accordance with clause 18)
provision.
17.4 All entitlements under this Agreement for a part-time/fractional staff member, including but not limited
to salary and leave entitlements, will be calculated on a pro-rata basis by reference to the staff member’s
ordinary hours of work.
17.5 Where a part-time/fractional staff member is entitled to paid leave in accordance with this Agreement,
the staff member will not, by reason of being a part-time/fractional staff member, be required to serve a
longer period of service to qualify for any leave entitlements.
18. Part-Year or Annualised Hours Professional Employment
18.1 Professional staff may be employed on a Part-Year or Annualised Hours basis to positions advertised as
Part-Year or Annualised Hours, or following conversion from casual employment.
18.2 A part-year professional staff member is employed on a continuing or xed-term basis in accordance
with clause 11 to work one or more periods in a year (which may be a calendar year).
18.3 An annualised hours professional staff member is employed on a continuing or xed-term basis in
accordance with clause 11 for a specic number of ordinary hours within any one (1) year (which may be a
calendar year).
18.4 Where a casual staff member is converted to a Part-Year or Annualised Hours arrangement or the
University is appointing a staff member in a position that would have traditionally been performed by
casual staff, their employment will be on a continuing basis.
18.5 Schedule 5 outlines further entitlements and conditions for Part-Year or Annualised Hours Professional
Employment.
19. Senior Staff Contracts
19.1 The following staff members may be offered employment on a Senior Staff Contract:
(a) an academic staff member paid (or is to be paid) 20% or more above the salary applicable to Level
E; or
(b) a professional staff member paid (or is to be paid) $10,000 or more above the salary applicable to
HEO Level 10 step 4.
19.2 Where a staff member enters into a Senior Staff Contract pursuant to this clause 19, the following clauses
of this Agreement will not apply to their employment.
(a) 11 (Fixed-term Employment)
(b) 20 (Probation)
(c) 23 (Salary Increases)
(d) 24 (Incremental Progression)
(e) 25 (Superannuation)
(f) 28 (Allowances and Responsibility Payments)
(g) 30 (Professional Staff Classications)
(h) 31 (Academic Staff Workloads)
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Enterprise Agreement 2023 Part C
(i) 33 (Professional Staff Workloads)
(j) 34 (Hours of Work – Professional Staff)
(k) 35 (Flexi-Span Hours – Professional Staff)
(l) 36 (Shift Work – Professional Staff)
(m) 37 (Overtime – Professional Staff)
(n) 38 (Rest Breaks – Professional Staff)
(o) 40 (Field Work)
(p) 63 (Workplace Issue Resolution Procedure), for the purpose of raising a workplace issue
(q) 65 (Termination of Employment at the Initiative of the University)
(r) 66 (Redundancy Procedures)
(s) 67 (Misconduct and Serious Misconduct)
(t) 68 (Breaches of the Research Code)
(u) 69 (Unsatisfactory Performance)
(v) 70 (Review of Decision to Terminate Employment or Demote)
(w) 71 (Termination on the Grounds of Ill-Health)
(x) Schedule 8 (Local Flexibility Arrangements)
19.3 Notwithstanding a staff member employed on a Senior Staff Contract cannot raise a workplace issue
under clause 63 (Workplace Issue Resolution Procedure), a staff member employed on a Senior Staff
Contract may be required to participate in a workplace issue resolution process in their capacity as a
supervisor or as a respondent to workplace issue/s raised by a staff member or group of staff.
19.4 A Senior Staff Contract will contain its own clauses covering redundancy, performance, discipline and/or
termination, and the termination of employment of a staff member that is party to a Senior Staff Contract
will be in accordance with Division 11 of Part 2-2 and Part 3-2 of the FW Act except the required period of
notice referred to in section 117 of the Act will be stated in the contract and will be a minimum of three (3)
months. When any contract pursuant to this clause involves a probation period that probation period will
be no less than three (3) months.
20. Probation
20.1 Employment with the University may be subject to a probation period as set out in applicable University
Policies and Procedures.
20.2 If the University seeks to signicantly change entitlement to substantive protections or change the
overarching principles which apply to the probation policy, then the University will consult with the NTEU
about the proposed changes.
20.3 Employment contracts may contain a reasonable probation period that is directly related to the nature
of the work to be undertaken. Any second or subsequent xed-term contract with the University will
not contain a probation period unless the new position is fundamentally different from that previously
occupied.
20.4 A staff member will be advised of, and given an opportunity to make a response (including written
response), to any adverse material about the staff member that the University intends to take into
account in a decision to terminate the staff member’s employment upon or before the expiry of the
probation period.
20.5 Clauses 67 (Misconduct and Serious Misconduct), 68 (Breaches of the Research Code) and 69
(Unsatisfactory Performance) do not apply to staff members during their probation period.
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La Trobe UniversityPart C
21. Recognition of Prior Service
21.1 Service with the following employers on a non-casual basis will be recognised as prior service for the
purposes of qualifying to access long service leave or for the recognition of personal leave:
(a) any Australian Higher or Tertiary Education Provider that is registered with the Tertiary Education
Quality and Standards Agency;
(b) the La Trobe Student Union (LTSU) or La Trobe Student Association (LTSA);
(c) the Victorian or Commonwealth Public Service;
(d) Public Hospitals; or
(e) other employers as agreed by the University in writing prior to the staff member’s commencement,
provided that the previous employment was directly related to the requirements of the staff
member’s appointment.
21.2 Where the University recognises prior service for the purpose of this clause, it will recognise up to ten (10)
years of prior service with an eligible employer for long service leave purposes, and up to a maximum of
30 days’ personal leave (or ten (10) days personal leave in the case of prior service with the LTSU or LTSA)
provided:
(a) the period of time between the staff member starting at the University and ending employment with
the eligible previous employer is twelve (12) months or less;
(b) the staff member applies to the University for recognition of prior service within twelve (12) months
of starting at the University. If a staff member does not meet the twelve (12) month claim period
but it appears the staff member was not informed about the right to claim, the University will
consider whether a reasonable extension of time should be granted;
(c) the staff member may be required to complete a period of up to three (3) years’ service (at the
University’s discretion) before the staff member is eligible to take long service leave;
(d) the amount of personal leave recognised will not exceed the staff member’s accrued entitlement to
personal leave upon leaving the previous employer; and
(e) any long service leave already taken (or paid in lieu) by the previous employer will be deducted
from the entitlement to be recognised. However, such periods will not break continuity of service for
the purpose of calculating any subsequent entitlement to long service leave.
21.3 A staff member who ceases employment with the University and is re-employed on a non-casual basis
within twelve (12) weeks will be re-credited with any accrued untaken Personal Leave as at the staff
member’s prior cessation date.
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Enterprise Agreement 2023
PART D
REMUNERATION
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La Trobe UniversityPart D
22. Salaries
22.1 Staff will be paid on a fortnightly basis in accordance with the salary for their position classication as set
out in Schedule 3 and Schedule 4.
22.2 For administrative purposes only and in view of the fact that academic staff do not have prescribed
hours of work, the weekly number of hours of work for the specic purpose of payroll processing, including
the calculation of leave entitlements for academic staff, will be a 35 hour week to 31 December 2023 and
a 36.25 hour week from the FFPPOA 1 January 2024. Transition arrangements for moving to a 36.25 hour
week are outlined in Schedule 9.
22.3 For administrative purposes only, the weekly number of hours of work for the specic purpose of payroll
processing, including the calculation of leave entitlements for staff employed on a Senior Staff Contract
under clause 19, will be a 35 hour week to 31 December 2023 and a 36.25 hour week from the FFPPOA 1
January 2024.
23. Salary Increases
On the FFPPOA the dates set out below, staff members to who this Agreement and clause applies, will
receive the following salary increases:
Date Salary Increase
Staff voting in favour of the proposed
Agreement (paid administratively)
4.0%
1 January 2024 3.6%
30 September 2024 3.0%
30 September 2025 3.0%
31 March 2026 3.2%
24. Incremental Progression
24.1 A staff member will proceed through the incremental scale of their classication level if the staff
member’s performance is assessed by the University as at least ‘satisfactory’ per the Annual Performance
Cycle as set out in the Enabling Performance clause of this Agreement.
24.2 A staff member who disagrees with the withholding of an increment will be able to raise a concern
through clause 63 (Workplace Issue Resolution Procedure).
Transition arrangements for new HEO Level 10 increments
24.3 The University is introducing four (4) salary increments for HEO Level 10 staff members under this
Agreement.
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Enterprise Agreement 2023 Part D
24.4 Subject to the requirements under subclauses 24.1 to 24.3:
(a) Professional staff employed at HEO Level 10 at the commencement of this Agreement and who are
not in receipt of any salary loadings as part of their remuneration, will progress through the HEO
Level 10 incremental scale twelve (12) months after the commencement of this Agreement and on
each twelve (12) month anniversary thereafter.
(b) Professional staff who accept an offer of employment at HEO Level 10 after the commencement
of this Agreement, or enter into an arrangement with the University to vary their remuneration after
the commencement of this Agreement, will progress through the HEO Level 10 incremental scale on
each twelve (12) month anniversary of their appointment or remuneration variation.
(c) Professional staff employed at HEO Level 10 at the commencement of this Agreement who are in
receipt of a salary loading as part of their remuneration, will not have access to the HEO Level 10
incremental scale, unless they enter into an agreement with the University to vary their remuneration
in accordance with subclause 24.4(b).
25. Superannuation
25.1 The University will provide employer contributions to a staff member’s nominated complying
superannuation fund as follows:
(a) For all continuing and xed-term staff members, 17% employer contributions,
(b) For casual staff members, minimum employer contributions as required by applicable
superannuation guarantee legislation.
25.2 Employer contributions for staff members will be made in accordance with superannuation guarantee
legislation.
25.3 A staff member may request for the University to reduce their employer superannuation contribution to
the minimum employer contribution rate as required by applicable superannuation guarantee legislation,
in return for receiving a commensurately higher salary payment. For staff members who are members of
UniSuper, this will only be approved where the UniSuper Trust Deed allows for the staff member to receive
reduced employer contributions. The University will not approve for more than 10% of continuing and
xed-term staff to reduce their employer superannuation contributions under this subclause.
25.4 The University’s nominated default fund is 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. For staff members who are members of UniSuper’s Dened Benet Division
(DBD), the staff member may be required to have their employer contributions paid to UniSuper’s DBD.
25.5 The University will provide all new staff with information about UniSuper, including the UniSuper Digital
Choice form, upon their appointment.
26. Salary Packaging
26.1 Staff employed on a continuing or xed-term basis may request that part of their salary be used to
provide benets on a salary sacrice basis. Any Fringe Benets Tax incurred as a result of salary packaging
will be paid by the staff member.
26.2 Notwithstanding anything contained within this clause, the salary to be used for the purposes of
calculating the following entitlements will be the staff member’s salary rate as specied in Schedule 3
and Schedule 4 of this Agreement, or any other higher remuneration rate specied in their contract of
employment:
(a) superannuation benets and contributions;
(b) termination payments;
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La Trobe UniversityPart D
(c) redundancy benets (subject to subclauses 66.16 to 66.18);
(d) early retirement benets;
(e) recreation leave loading (subject to subclause 43.1); and
(f) overtime and shift payments (subject to clauses 36 (Shift Work – Professional Staff) and 37
(Overtime – Professional Staff)).
26.3 The salary packaging arrangement will end on cessation of employment.
26.4 A staff member’s participation in salary packaging is at the discretion of the University, and the
University reserves the right to vary or withdraw these arrangements and will not be responsible for any
loss or damage suffered by a staff member as a result of the changes.
27. Underpayments and Overpayments
27.1 An underpayment to a staff member will be corrected and full payment made to the staff member as
soon as practicable and no later than the pay day of the next pay period following notication by the staff
member to the Human Resources Division and conrmation and calculation of the underpayment being
conrmed by the Human Resources Division. Where further investigation is required, the payment will be
made as soon as practicable.
27.2 In the case of an overpayment:
(a) The University will apply the following procedure with the intent of recouping the overpayment.
(b) The University will advise and consult with a staff member when an overpayment has been
identied.
(c) The University will inform the staff member of the overpayment and will conrm in writing the
amount of the overpayment and the options available for repayment. The timeline for repayment
will be of reasonable length, having regard to the amount of the overpayment and the period over
which the overpayment occurred.
(d) The staff member and the University will negotiate in good faith with the aim of reaching an
agreed repayment arrangement, after which the University may deduct the overpayment from the
staff member’s salary in accordance with the agreed repayment arrangement. Where an agreement
is reached, a staff member’s employment will not be adversely impacted.
(e) If an agreed repayment arrangement cannot be reached then the procedures of the Dispute
Resolution Procedures under clause 62 of this Agreement will be applied.
(f) In the event a staff member’s employment ceases prior to the overpayment being repaid, with the
staff member’s agreement, the University may deduct the outstanding amount from staff member’s
salary or nal entitlements that would otherwise be payable upon termination (which includes
payment in lieu of accrued entitlements including leave and notice period/severance benets).
The University will notify the staff member of its intention to deduct the amount prior to doing so.
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Enterprise Agreement 2023 Part D
28. Allowances and Responsibility Payments
28.1 If eligible, the following allowances will be paid to staff under this Agreement:
Allowance Rate Eligibility
Field Allowance $82 per day (pro rata) A eld allowance will be available to cover the
cost of food and camping consumables, in
circumstances where these are not provided
by the University, when required to camp out
at the request of the relevant Dean.
The eld allowance is in addition to all
travelling expenses, fares and hire charges
involved in the trip and assumes that all
camping and living out gear is provided by the
staff member.
The eld allowance will be adjusted by the
University on the FFPPOA 1 July each year
during the life of this Agreement, equivalent
to the most recently published Australian
Bureau of Statistics Consumer Price Index (All
Groups, Australia) annual gure.
Mileage Allowance As per ATO guidelines Where the University has approved the
use of a privately owned motor vehicle for
University business, the mileage allowance
will be paid, provided that:
(a) the vehicle is comprehensively insured;
(b) the staff member acknowledges that
the allowance covers both proportionate
costs related directly to the use of
the vehicle (petrol, oil, tyres, etc.) and
proportionate xed costs (registration,
insurance, etc.), including the loss of any
“no claim” bonus.
Higher Duties
Allowance –
Professional Staff
The higher duties allowance is the
difference between the salary of
the staff member and the salary
payable for the position at the higher
classication and is proportionate
to the percentage of work being
performed. The staff member will
receive the allowance for the period
of the higher duties.
A professional staff member who is required
to act in a position of higher classication for:
(a) 30% or more of the responsibilities; and
(b) for a continuous period of two (2) weeks
or more (including University Holidays),
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La Trobe UniversityPart D
Allowance Rate Eligibility
Coordination
Responsibility
Payments –
Academic Staff
Subject Coordination – a staff
member will be remunerated at a
minimum of Level B for the duration
of the coordination.
Course Coordination – a staff
member will be remunerated at
a minimum of a Level C for the
duration of the coordination.
Where a staff member undertakes
pro-rata coordination duties,
they may be entitled to a pro-
rata responsibility payment in
accordance with subclause 28.5.
Subject Coordination will normally be
performed by Level B Academics, and Course
Coordination will normally be performed
by Level C Academics. A coordination
responsibility payment will be made
in circumstances where the Dean has
determined to allocate Subject Coordination
to a Level A Academic (where no appropriate
Level B Academic is available), or Course
Coordination to a Level B Academic (where no
appropriate Level C Academic is available).
A staff member whose substantive position
is at Level A is not permitted to undertake
course coordination.
Overtime Meal
Allowance
$20.00 Professional staff members will receive
an Overtime Meal Allowance when working
approved overtime in accordance with Clause
37 (Overtime – Professional Staff), as follows:
• Weekdays – where the staff member
has worked two (2) hours or more of
approved overtime in any one (1) day; or
• Weekends and University Holidays –
where the staff member has worked ve
(5) hours or more of approved overtime in
any one (1) day.
An Overtime Meal Allowance will not be paid
in circumstances where:
• the staff member is not performing the
overtime at a University campus or work
location (for example, they perform the
overtime at home or another location of
their choice); and/or
• the University provides the staff member
with a meal.
The Overtime Meal Allowance will be adjusted
by the University on the FFPPOA 1 July
each year during the life of this Agreement,
equivalent to the most recently published
Australian Bureau of Statistics Consumer
Price Index (All Groups, Australia) annual
gure.
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Enterprise Agreement 2023 Part D
Allowance Rate Eligibility
Change of
Residence /
Relocation
Allowance
In accordance with University policy A staff member will be entitled to apply for a
Relocation Allowance in circumstances where:
• the staff member is successful in being
appointed to a position at another
University campus or location;
• the appointment requires a geographical
relocation and results in the staff member
changing their place of residence; and
• the appointment is regarded as being in
the interests of the University.
Indigenous
Australian salary
loading
$5,000 per annum (pro-rata
for part-time). This loading is
superannuable and will not increase
in accordance with salary increases.
Indigenous Australian staff employed
on a continuing or xed-term basis. A
staff member will be required to provide
Conrmation of Identity as dened in
University policy and procedure to be eligible
to receive this loading.
Gender
Afrmation
Allowance
$2,000 as a lump sum payment
claimable once only over any
periods of casual employment at
the University.
This payment is not superannuable.
Trans or gender diverse casual staff
members who:
(a) have been employed by the University
on a regular and systematic basis for a
sequence of periods of employment of at
least 12 months; and
(b) has a reasonable expectation of further
employment with the University.
The Gender Afrmation Allowance is
payable to eligible casual staff members
to compensate for loss of income for time
off work as a result of reasonable absences
associated with social, medical or legal
afrmation.
Continuing and xed-term staff members
are not eligible for the Gender Afrmation
Allowance, and may be eligible to access
Gender Afrmation Leave (see clause 49 –
Life Events Leave).
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La Trobe UniversityPart D
Higher Duties Allowance – Professional Staff
28.2 Where a professional staff member who is performing the duties of a higher position:
(a) is permanently promoted to that position, they will not suffer any reduction in remuneration and will
receive the same increments as if they had during the period of temporary service in the higher
position been the permanent occupant of that position;
(b) is in receipt of a higher duties allowance for a continuous period of twelve (12) months they will be
eligible to receive an increment at the higher classication position and upon completion of each
further twelve (12) month period be granted salary increments applicable to the higher position,
provided that any staff member currently in receipt of an increment on this basis at the
commencement of this Agreement will continue to be paid at that increment; and
(c) takes leave with pay not exceeding two (2) weeks (other than Long Service Leave), they will continue
to be paid the higher duties allowance during the period of leave, if the allowance would have been
paid but for the granting of the leave.
28.3 The higher duties allowance will be regarded as salary for the purposes of calculating all other types of
allowances including overtime.
28.4 A staff member may decline an offer to perform higher duties without suffering any penalty.
Coordination Responsibility Payments – Academic Staff
28.5 Pro rata Coordination Responsibilities
(a) In circumstances where a staff member is performing a percentage of the full subject or course
coordination duties (howsoever named), the staff member will receive a reduced coordination
responsibility payment calculated on a pro rata basis.
(b) The pro rata coordination responsibility payment will be negotiated in advance and rounded to the
nearest quartile (i.e. 25%, 50%, 75% or 100%) by determining the percentage of full subject or course
coordination duties being performed by the staff member having regard to the allocation under the
Academic Workload Allocation Model.
28.6 The responsibility payment due to eligible staff under this clause will continue to be paid while
on approved leave of up to four (4) weeks (provided that they were entitled to payment at the
commencement of leave).
28.7 On completion of each continuous twelve (12) month period (or consecutive semesters) during which a
staff member receives a coordination responsibility payment under this clause, the staff member will be
granted salary increments applicable to the next incremental level.
28.8 If a staff member in receipt of a coordination responsibility payment is promoted to the higher level, the
staff member will not suffer any reduction in salary and will be appointed to at the same incremental level.
28.9 The provisions of this clause apply notwithstanding any inconsistency with the MSALs in Schedule 2.
29. Minimum Standards for Academic Levels (MSALs)
29.1 Academic staff will be employed according to the Minimum Standards for Academic Levels (MSALs),
which are set out in Schedule 2, and are indicative of the functions that academic staff perform, and the
minimum levels of performance.
29.2 The minimum standards for academic staff, other than a casual staff member, are differentiated by level
of complexity, degree of autonomy, leadership requirements of the position and the level of achievement
of the academic staff member. The University may vary the responsibilities of academic staff set out in
the MSALs to meet the objectives, differing discipline requirements and/or individual staff development.
29.3 Academic staff may be required to undertake responsibilities and functions of any of the MSALs up to
the level at which they are appointed, and may also be required to undertake elements of work of higher
MSALs in order to gain experience and expertise for the purposes of promotion.
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Enterprise Agreement 2023 Part D
30. ProfessionalStaffClassications
30.1 Professional staff positions will be classied in accordance with this Position Classication Standards set
out in Schedule 1, at the classication level that most accurately reects the work to be performed, taking
into account the duties and responsibilities of the position.
30.2 The University will provide a position description to every professional staff member who is engaged on
a non-casual basis.
30.3 A staff member, or the staff member’s supervisor, may seek a review of the classication of an existing
position where:
(a) the duties and responsibilities of the position have changed; and/or
(b) it is considered that the position is no longer accurately classied.
30.4 All classication reviews will be undertaken by designated staff within Human Resources. A classication
decision will normally be communicated to the staff member and their supervisor within one (1) month of
receiving a review request, including a written explanation of the reasons why the decision was reached if
the classication review does not result in a change to the classication.
Classication Appeals
30.5 A staff member may appeal the outcome of a classication review decision by providing a written appeal
to the Executive Director, Human Resources, within ten (10) working days of the date of the advice of the
outcome of the classication review.
30.6 The staff member’s appeal must state in writing the grounds for appeal, which may be one or more of the
following grounds:
(a) That the decision failed to properly apply the classication descriptors; and/or
(b) That there were procedural irregularities that would have inuenced the classication decision; and/
or
(c) That the principles of natural justice (i.e. fairness and propriety) were not adhered to.
30.7 The Executive Director, Human Resources will refer the appeal to a Classication Appeals Committee
(CAC). The CAC will consist of a member nominated by the University and a member nominated by the
NTEU who have the skills and experience to undertake a review. The CAC will review the staff member’s
appeal and provide a recommendation to the Executive Director, Human Resources. In forming the
recommendation, the CAC will seek to form a consensus view. Where a consensus cannot be reached,
each member will prepare their own recommendation for the Executive Director, Human Resources and
include an explanation as to why they could not reach a consensus with the other member.
30.8 The Executive Director, Human Resources, will consider and give due regard to the recommendations
of the CAC. The decision of the Executive Director, Human Resources, is nal and will be communicated
to the staff member and supervisor as soon as practicable. The Executive Director, Human Resources,
will provide reasons in writing to the staff member and supervisor where the Executive Director, Human
Resources, does not accept the recommendation of the CAC, or where there is a split recommendation
of the CAC. A recommendation to change the classication of the staff member, if endorsed by the
Executive Director, Human Resources, will apply from the date of lodgement of the review referred to in
subclause 30.5 above.
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La Trobe UniversityPart D
Professional Staff Personal Classication
30.9 A professional staff member who occupies a position which is classied within HEO Levels 1 to 7 may
seek salary advancement through the University Personal Classication Program. The University Personal
Classication Program operates to link two (2) classication levels together to form an extended pay
structure in recognition of high performance and skill development achieved by a staff member while in
their current position.
30.10 A professional staff member may apply to their senior leader for a personal classication. A formal
interview is to be undertaken to conrm that the staff member meets the requirements of the higher role.
30.11 The Executive Director, Human Resources, may approve an application where the following conditions are
met:
(a) work at the higher level is available and required as approved by the senior leader; and
(b) the staff member must be consistently rated as high performing in their annual performance review
for their current role; and
(c) the staff member meets the training level or qualications and experience requirements in the
position classication standards for the higher level; and
(d) the staff member must have been on the top increment of their present classication for at least
twelve (12) months.
30.12 Where a position is subject to a personal classication:
(a) the personal classication ceases when the position is vacated for any reason. However, the senior
leader may review the requirements of the position and seek an evaluation of the position;
(b) if another professional staff member acts in a position with a personal classication, they will qualify
for higher duties allowance based only on the lower classication level and not the personal
classication, except where the senior leader considers the staff member is undertaking higher level
responsibilities recognised in the personal classication.
Linking of Professional Staff Classication Levels
30.13 Professional staff appointed to a classication level from HEO Levels 1 to 9, may progress to the next
classication level through the linking process described in this clause.
30.14 Progression to a higher classication level is not automatic and is subject to the School or Division
identifying a requirement that there is work to be performed at a higher classication level, and the staff
member acquiring and/or developing the skills required to perform the higher level tasks.
30.15 Where the School or Division has identied a requirement that there is work to be performed at a higher
level, it is the joint responsibility of the supervisor and the staff member to plan for a move to the higher
classication level. This plan should form part of the normal Performance Development process, and will
include:
(a) the development of a position description with the classication conrmed at the higher
classication level; and
(b) an identication of the enhanced skills and/or qualications required in the higher level position
description and where necessary the establishment of a development plan to enable the staff
member to acquire those skills and/or qualications; and
(c) the establishment of agreed performance objectives to be achieved prior to the staff member being
able to progress to the higher level; and
(d) specic timeframes in which the plan is required to be achieved.
30.16 At the expiry of the timeframe specied under subclause 30.15(d), the supervisor will review the staff
member’s achievements against the plan and determine whether the staff member will be linked to the
higher classication level. To be linked to the higher classication level, the staff member must:
(a) have acquired the enhanced skills/qualications required in the higher level position; and
(b) have achieved an overall satisfactory assessment as part of their performance development
assessment.
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Enterprise Agreement 2023
PART E
WORKING HOURS
40
La Trobe UniversityPart E
31. Academic Staff Workloads
31.1 This clause applies to continuing and xed-term teaching and research academic staff and teaching
focused academic staff. This clause does not apply to:
(a) Research only academic staff; or
(b) Academic staff employed outside of academic schools who are not engaged in teaching
undergraduate or postgraduate award courses and where their terms of engagement exclude the
application of this clause 31 (Academic Staff Workloads).
31.2 Except where specic exclusions apply within this clause, academic staff members covered by this
clause are entitled to participate in an appropriate mix of teaching, research and service as determined in
accordance with this clause.
31.3 The University will ensure that the total work allocated to individual academic staff members is fair, that
the process of allocation is transparent and that stage of career and academic level is taken into account.
It will take reasonably practicable steps to ensure that academic staff members:
(a) have reasonable time to perform their allocated research (if applicable), teaching, and service
activities;
(b) are not required to work excessive or unreasonable hours;
(c) are able to raise, and have properly considered, legitimate issues relating to their work allocation; and
(d) are reasonably able to take recreation leave.
31.4 The University will ensure that Deans or their delegate are aware of the above requirements in relation to
managing and allocating workloads and that academic staff are advised of the work allocation provisions
of this Agreement.
Allocated Hours
31.5 Work will be allocated within a maximum of 1827 hours per year, calculated by reference to and consistent
with the Workload Allocation Model. This takes into account University Holidays and End of Year
Closedown. All planned, committed or booked leave, including recreation leave, long service leave and
parental leave, will be deducted from the 1827 hours maximum. The references to percentage allocations
in this clause are percentages of allocated hours after leave has been deducted.
Examples
Kai is a full-time academic staff member in a Teaching & Research role with a workload allocation
of 30% research, 50% teaching and 20% service. Kai commits to take three (3) weeks of recreation
leave in the academic year. Their workload allocation will be a maximum of 1718.25 hours
comprising of approximately 515 hours’ research, 859 hours’ teaching and 343 hours’ service.
Hao is a part-time (0.8 FTE) academic staff member in a Teaching Focused role with a workload
allocation of 70% teaching, 10% scholarship and 20% service. Hao commits to take four (4) weeks
of recreation leave and one (1) week of long service leave in the Academic Year. Their workload
allocation will be a maximum of 1345.6 hours comprising of approximately 941 hours’ teaching, 134
hours’ scholarship and 269 hours’ service.
Following the transition to increased work hours in January 2024, Frankie becomes a part-time
(0.9655 FTE) academic staff member with a maximum annual hours allocation of 1764 hours.
They are engaged in a Teaching and Research role with a workload allocation of 40% teaching,
40% research and 20% service. Frankie commits to take four (4) weeks of recreation leave. Their
workload allocation will be a maximum of 1624 hours comprising of approximately 649 hours’
teaching, 649 hours’ research and 324 hours’ service.
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Enterprise Agreement 2023 Part E
31.6 Academic workload is a combination of self-directed and assigned tasks. The workload allocation model
below does not contemplate or include discretionary effort academic staff may elect to spend on tasks,
including research.
31.7 A part-time academic staff member’s work will be allocated on a proportionate basis, and all measures
referred to in this clause will be adjusted appropriately for part-time academic staff members. A part-
time academic staff member’s work will be allocated reasonably evenly across the academic year unless
agreed by the academic staff member in their contract of employment or otherwise in writing.
31.8 The University will maintain an Academic Workload Allocation Model covering each academic staff
member covered by this clause, which provides for a reasonable and evidence-based estimate of time
required to undertake activities relating to teaching, service and research in a professional and competent
manner.
31.9 Within the rst twelve (12) months of this Agreement, the University will review the Academic Workload
Allocation Model. The review will be undertaken in consultation with academic staff and the NTEU,
and will ensure that the Academic Workload Allocation Model provides a reasonable and evidence-
based estimate of time required to undertake activities related to teaching, service and research in a
professional and competent manner. The revised model will take effect at the commencement of the
2025 academic year.
31.10 For the purposes of subclauses 31.8 and 31.9, “evidence-based” means that in determining the time
allocation for academic activities in the Academic Workload Allocation Model, the University will gather
and have regard to information from University staff performing the relevant work on their experience
in performing academic activities at the University. Such information may be gathered through staff
consultation, staff surveys and focus groups. “Evidence-based” does not require the University to consult
with each individual staff member, undertake detailed analysis, time in motion studies, external research
or research to a peer-reviewed standard on the time it takes to perform academic activities.
31.11 If the University proposes to make changes to an Academic Workload Allocation Model that will impact
the allocation of academic work, the University will consult with directly affected academic staff and the
NTEU prior to making any changes, and any changes will take effect in the following academic year.
Work Planning and Allocation
31.12 Work allocation for an academic staff member will be determined by the Dean or their delegate in
consultation with the academic staff member in accordance with the provisions of this clause and the
relevant Workload Allocation Model.
31.13 The Dean or their delegate, in consultation with the academic staff member, will as soon as practicable
plan for the forthcoming academic year the anticipated:
(a) allocation of research, teaching and service duties; and
(b) recreation leave and other leave.
31.14 An academic staff member is normally expected to take recreation leave in periods where the academic
staff member is not allocated teaching delivery activities and must obtain the approval of the Dean or
delegate before commencing recreation leave during a period of allocated teaching delivery activities. A
Dean or delegate will not unreasonably withhold approval for recreation leave sought during the academic
staff member’s non-teaching periods.
31.15 All planned, committed and or booked leave, including recreation leave, long service leave and parental
leave, will be treated as an allocation of workload for the purposes of workload planning, and the leave
duration will be deducted from the allocation of hours set out in subclause 31.5.
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La Trobe UniversityPart E
31.16 Following the planning referred to in subclause 31.13, an academic staff member will be advised of their
initial planned allocation of teaching no later than four (4) weeks before the start of the teaching period
to which their allocation relates. Academic staff members who are required to teach a subject for the
rst time will normally be provided with eight (8) weeks’ notice of this requirement before the subject
commences, or where unforeseen circumstances arise, a minimum of four (4) weeks. Where teaching
allocations change following the initial advice, academic staff will be provided with sufcient notice to
prepare for the delivery of this teaching.
31.17 The process of work allocation for an individual academic staff member will involve the following:
Teaching
(a) Teaching work will be allocated to fall within the ranges set out in the table at subclause 31.21.
(b) Academic staff and their Dean or delegate will discuss the best allocation for the academic staff
member and the School for teaching across the academic year, in a manner that meets
subclause 31.3.
(c) For the avoidance of doubt, teaching includes but is not limited to: 50% of higher degree
supervision; design, preparation, revision and development of subjects, courses and teaching
materials; performing the role of Academic Integrity Advisor; moderation of online learning spaces;
subject coordination; and course coordination.
(d) Academic staff will not be required to undertake Teaching Delivery on weekends unless mutually
agreed between the academic staff member and their Dean or delegate.
Research
(e) A research work allocation will be determined on the basis of the academic staff member’s research
performance against relevant performance expectations over the previous six (6) years and research
income over at least the previous three (3) years (including with different employers).
(f) Research performance expectations may include research outputs, research quality, research
income and HDR supervision.
(g) The research performance expectations set by the University for a academic staff member for a
particular year will be reasonable for the median academic with the same level, discipline and
research time. The University will provide a clear explanation of how research performance
expectations have been set.
(h) The research performance expectations may be altered following consultation with directly affected
academic staff and the NTEU, and any changes will be applied from the following academic year.
In determining an academic staff member’s previous research performance against the research
performance expectations, the assessment will consider the relevant research performance
expectations that applied at that time.
(i) An academic staff member whose performance meets the applicable research performance
expectations over the previous six (6) years will maintain their research allocation. An academic
staff member who either exceeds or does not meet their research performance expectations will
receive a research allocation that has a proportionate relationship with their research performance.
(j) Notwithstanding the research allocation an academic staff member may receive under subclauses
31.17(e) to (i), the University may, with the academic staff member’s written agreement, provide an
academic staff member with an increased or reduced research allocation.
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Enterprise Agreement 2023 Part E
Service allocation
(k) For all academic staff, a service allocation will reect the agreed service activities and core service
activities, provided that a minimum of at least 10% total allocation will apply.
(l) Travel between campuses or other designated places of work on University business is part of the
service allocation, and time allocated will be in addition to the minimum 10%.
(m) The University will provide each Indigenous Australian academic staff member with an allocation
of 5% as an Indigenous Australian Service Allocation as part of the service allocation. There is no
expectation an academic staff member will hold formal responsibilities in relation to Indigenous
matters as part of this allocation. This allocation is in addition to the minimum 10% service allocation.
Flexibility
31.18 An academic staff member or the Dean or delegate may make a request for an adjustment to the mix
of workload allocation percentages for an agreed period. For example, this could include an increase in
their service percentage taking into account appointment to a position of approved formal management
or leadership responsibility. If agreed, such agreement must be in writing and include details of any
agreement made about future workload allocation if applicable.
31.19 Prior to the end of the academic year and as part of the planning for the upcoming academic year, the
Dean or delegate will review the current academic year workload allocation for academic staff who
agreed with the Dean or delegate during the year to undertake additional unplanned responsibilities.
Where the review identies an academic staff member’s actual workload exceeded 102% of their
maximum allocated hours, the academic staff member will receive a reduction equivalent to the excess
over the maximum in the following academic year’s workload allocation. This allocation will be assigned
to the relevant category/ies, teaching, research or service, associated with the additional unplanned
responsibilities.
Examples
Due to an unexpected absence in their Department towards the end of Semester 2, Emerson
agrees to develop the curriculum for a new subject that is to be offered from Semester 1 the
following academic year. Emerson undertakes the curriculum development (200 hours) in addition
to their already allocated 1345.6 hours for the year. In the following academic year, Emerson
will have 200 hours of teaching recognised as workload that has already been completed and
allocated.
The University is contacted by a peak advisory body seeking the assistance of an academic staff
member to form part of an upcoming working group to establish a white paper advocating a policy
change to government. The work involves attending four (4) working group meetings and reviewing
the white paper, estimated to be 30 hours in total. Amari agrees to participate in the working group
and undertakes the work in addition to their already allocated 1682 hours for the year. As the 30
hours is below the 102% threshold, Amari will not receive any recognition of this workload in their
following academic year’s workload. However, Amari is able to include their external contribution
as part of their Career Success discussions and receive other forms of recognition for this work.
31.20 Where an academic staff member takes unplanned leave, that is not planned, committed or booked
under subclause 31.5, of more than three (3) consecutive days, work that has been allocated to them that
they would have done but for taking that leave will be treated by the University as having been done for
the purpose of workload allocation. To avoid doubt, upon return from leave an academic staff member
may be directed to complete work that they would have done but for taking leave, provided that the
University grants it as an additional work allocation within their maximum workload.
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Workload Allocations will be made in accordance with the following table.
31.21 Workload Allocation Table: the table summarises the allocation of work activities:
Teaching & Research
Academic Staff
Teaching Focused
Academic Staff
Teaching % 20%-70% 60%-80%
Research / Scholarship (for
Teaching Focused Roles) %
20%-70% 10%-30%
Service % 10%-60% 10%-30%
Academic Proles
31.22 The University may appoint academic staff into “Teaching & Research” or “Teaching Focused” positions
either by internal or external recruitment processes.
31.23 The workload allocation for a Teaching & Research or a Teaching Focused staff member is in accordance
with the table in subclause 31.21.
31.24 The University will provide an annual opportunity for:
(a) academic staff who are appointed as a Teaching & Research academic staff member to apply to
become a Teaching Focused academic staff member; and
(b) academic staff who are appointed as a Teaching Focused academic staff member to apply to
become a Teaching & Research academic staff member.
31.25 Appointments under subclause 31.24 will be at the discretion of the University and based on merit,
subject to demonstrated operational requirements, and the academic staff member demonstrating their
capability to successfully undertake teaching (in the case of an academic staff member applying to be
a Teaching Focused academic staff member) or research (in the case of an academic staff member
applying to be a Teaching & Research academic staff member). Appointments will take effect from the
next academic year, or where agreed by the Dean, at an earlier time.
31.26 Those academic staff members who are successful in being appointed under subclauses 31.24 and 31.25
may choose to revert to their previous academic prole, in which case the reversion will take effect from
the next academic year or, where agreed by the Dean, at an earlier time.
31.27 Teaching Focused academic staff will undertake predominantly teaching activities, with a minimum of
10% allocated to scholarship of teaching as reected in the above table. There is no research output
expectation. Teaching Focused academic staff are eligible to apply for other positions and will have
access to promotion.
Exclusions from application of the Academic Workload Table in subclause 31.21 and associated
provisions
31.28 The Academic Workload Table in subclause 31.21 does not apply to:
(a) Recent Professional Practice Required xed-term contract academic staff. Academic staff
employed under this category are academic staff appointed on the basis of specialist clinical
practice and expertise or recent professional, commercial experience or expertise. Such academic
staff will typically have recent or concurrent roles outside the University in clinical practice or private
practice in a profession. Such academic staff may be allocated to perform solely teaching and
related activities or a mix of teaching and service activities.
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(b) Academic and Clinical Practitioners. Academic staff employed as Academic and Clinical
Practitioners may be allocated up to 100% of their workload in the combined categories of teaching,
activities related to teaching and teaching scholarship.
(c) Academic staff holding a formal assigned management or leadership service position that attracts
a service allocation of 30% or more. Academic staff employed in these positions are senior
academics and appointed on the basis of their specialist academic skills or leadership. Such
academic staff may be allocated to perform a mix of service, research and teaching duties that does
not align to the percentages in the Academic Workload Table.
Unreasonable Academic Workloads
31.29 An academic staff member who has genuine and reasonable concerns about their workload, may seek a
review of their workload allocation in accordance with subclauses 31.31 to 31.33.
31.30 Pending the outcome of the review, the University will consider and implement reasonable interim
measures to support the academic staff member in addressing their genuine and reasonable workload
concerns. If the interim measures are not sufcient, then ten (10) days after the review is sought, the
academic staff member may cease performing the work that they raised as a concern, until a decision is
made under subclause 31.33.
31.31 Concerns arising from the allocation of workloads or unreasonable hours of work will be dealt with, in the
rst instance, within the relevant School. An academic staff member should attempt to address their
concerns through a discussion with the Head of Department and/or Dean.
31.32 In determining what are unreasonable hours of work the University will have regard to the following
factors:
(a) The total number of teaching and/or required hours worked on a particular day or week;
(b) The number of teaching and/or required hours worked without a break;
(c) Any requirement to undertake teaching on a University Holiday, or before 8am or after 9pm;
(d) Requirements to undertake teaching at overseas campuses;
(e) Requirements to travel between campuses to undertake teaching;
(f) The time off between nishing and starting times of teaching sessions;
(g) The number of days of the week during which teaching and/or required duties are scheduled;
(h) The incidence of night work/after dark work;
(i) The academic staff member’s general workload; and
(j) The academic staff member’s family needs and responsibilities.
31.33 Where it is not possible to reach agreement by this means, including where a matter is not dealt with
within ve (5) working days of the academic staff member raising their concerns, the academic staff
member will seek a review of their workload allocation by the Provost. In undertaking a review, the Provost
will have regard to the factors provided for in subclause 31.32 and may seek further information from the
academic staff member or Dean or delegate in the School in which the academic staff member works.
Each review must be concluded within ten (10) working days. The Provost or delegate will write to the
academic staff member and Dean or Head of Department, advising:
(a) the workload allocation is not unreasonable (including reasons for their assessment) and should
remain unchanged;
(b) the workload allocation is not unreasonable (including reasons for their assessment), and suggest
measures or steps to assist the academic staff member in meeting their workload;
(c) the workload allocation is unreasonable and re-allocation of workload, including taking into account
the period since raising the review, should be carried out by the Dean or delegate.
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32. Workload Review – Other Academic Staff
32.1 This clause applies to
(a) Research only academic staff; and
(b) Academic staff employed outside of academic schools who are not engaged in teaching
undergraduate or postgraduate award courses and where their terms of engagement exclude the
application of clause 31 (Academic Staff Workloads).
32.2 The University will ensure that the total work allocated to academic staff members covered by subclause
32.1 is fair and reasonable, and the process of allocation is transparent and that stage of career and
academic level is taken into account. It will take reasonably practicable steps to ensure that academic
staff members:
(a) have reasonable time to perform their allocated duties, which may include research, teaching,
service and other activities;
(b) are not required to work excessive or unreasonable hours;
(c) are able to raise, and have properly considered, legitimate issues relating to their workload; and
(d) are reasonably able to take recreation leave.
32.3 An academic staff member covered by this subclause 32.1 who has genuine and reasonable concerns
about their workload, may seek a review of their workload allocation in accordance with subclauses 32.5
to 32.7.
32.4 Pending the outcome of the review, the University will consider and implement reasonable interim
measures to support the academic staff member in addressing their genuine and reasonable workload
concerns. If the interim measures are not sufcient, then ten (10) days after the review is sought, the
academic staff member may cease performing the work that they raised as a concern, until a decision is
made under subclause 32.7.
32.5 Concerns arising from the allocation of workloads or unreasonable hours of work will be dealt with, in the
rst instance, within the relevant School. An academic staff member should attempt to address their
concerns through a discussion with their supervisor and/or senior leader.
32.6 In determining what are unreasonable hours of work the University will have regard to the following
factors:
(a) The total number of required hours worked on a particular day or week;
(b) The number of required hours worked without a break;
(c) Any requirement to undertake duties on a University Holiday, or before 8am or after 9pm;
(d) Requirements to undertake duties at overseas campuses;
(e) Requirements to travel between campuses to undertake duties;
(f) The time off between nishing and starting times of required duties;
(g) The number of days of the week during which required duties are scheduled;
(h) The incidence of required night work/after dark work;
(i) The academic staff member’s general workload; and
(j) The academic staff member’s family needs and responsibilities.
32.7 Where it is not possible to reach agreement by this means, including where a matter is not dealt with
within ve (5) working days of the academic staff member raising their concerns, the academic staff
member will seek a review of their workload allocation by the relevant Senior Executive. In undertaking a
review, the Senior Executive will have regard to the factors provided for in subclause 32.6 and may seek
further information from the academic staff member or the supervisor or senior leader. Each review
must be concluded within ten (10) working days. The Senior Executive will write to the academic staff
member and senior leader and supervisor, advising:
(a) the workload allocation is not unreasonable (including reasons for their assessment) and should
remain unchanged;
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(b) the workload allocation is not unreasonable (including reasons for their assessment), and suggest
measures or steps to assist the academic staff member in meeting their workload;
(c) the workload allocation is unreasonable and re-allocation of workload, including taking into account
the period since raising the review, should be carried out by the senior leader or supervisor.
33. Professional Staff Workloads
33.1 The University will ensure that the workload allocated to a professional staff member is fair and
reasonable. Workloads will be determined on a fair, transparent and consultative basis taking into
consideration the level of appointment and total responsibilities.
33.2 The University will take reasonable steps to ensure that a professional staff member does not work
excessive or unreasonable hours and is not working in excess of any prescribed hours of work.
33.3 The allocation and management of a professional staff member’s workload is the responsibility of the
professional staff member’s supervisor, in consultation with the professional staff member.
33.4 Where a professional staff member is required to travel between campuses or other University work
locations, time spent travelling will count as time worked.
33.5 Where signicant changes in academic work or work practices are proposed, the impact on a
professional staff member’s workload will be discussed with a view to resolving any issues with the
affected professional staff member.
33.6 A professional staff member who considers that their workload is unreasonable may seek a review
with their supervisor. If the matter remains unresolved, it will be referred to their senior leader who will
attempt to resolve the matter. If the matter is still unresolved the matter may be dealt with in accordance
with the dispute resolution procedure in clause 62.
33.7 Where professional staff members in a work area have ongoing concerns regarding alleged excessive
workloads in the work area, the professional staff members may request their manager to seek to prevent
or resolve the issue.
Professional Staff Workloads Monitoring Committee
33.8 A Professional Staff Workload Monitoring Committee (PWMC) will operate during the life of this
Agreement.
33.9 The purpose of the PWMC is to monitor and report professional staff workload trends and issues,
to collect and assess relevant and available professional staff workload data (for example, recorded
overtime and TOIL, casual conversion and leave trends) and make recommendations as appropriate.
33.10 The PWMC will consist of equal numbers of University and NTEU representatives (who will be University
staff members) and will meet quarterly.
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34. Hours of Work – Professional Staff
34.1 The ordinary hours of work for a full-time professional staff member will be in accordance with the
following table. Transition arrangements for moving to a 36.25 hour week are outlined in Schedule 9.
For the period up to and including
31 December 2023
FFPPOA 1 January 2024
Ordinary hours
The ordinary hours for a full-time
professional staff member will not
exceed 35 hours and can be worked
within one of the following work cycles
The ordinary hours for a full-time
professional staff member will not
exceed 36.25 hours and can be worked
within one of the following work cycles
7 day work cycle
35 hours within a cycle not exceeding
7 days
36.25 hours within a cycle not exceeding
7 days
14 day work cycle
70 hours within a cycle not exceeding
14 days
72.50 hours within a cycle not exceeding
14 days
21 day work cycle
105 hours within a cycle not exceeding
21 days
108.75 hours within a cycle not exceeding
21 days
28 day work cycle
140 hours within a cycle not exceeding
28 days
145 hours within a cycle not exceeding
28 days
34.2 The ordinary hours of work will be worked on any or all of the days Monday to Friday continuously, except
for meal breaks, between the span of hours of 7.30am to 7.30pm.
34.3 A staff member may make a request in writing to alter their ordinary hours of work by up to half an hour at
either side of the span of hours for an agreed period. In exceptional circumstances, a staff member may
seek a review of an arrangement made in accordance with this subclause prior to the expiry of the agreed
period.
35. Flexi-Span Hours – Professional Staff
35.1 Notwithstanding clause 34 (Hours of Work – Professional Staff), a professional staff member may work
ordinary hours which are rostered outside the spread of ordinary hours specied in clause 34 (Hours of
Work – Professional Staff), on a temporary or ongoing basis where it is:
(a) necessary to meet the University’s operational requirements and agreed in writing between the staff
member and the University; or
(b) requested at the staff member’s initiative and approved by the University solely to accommodate
exible working requests of the staff member, including to better meet their personal circumstances.
35.2 For the purposes of subclause 35.1(a), “operational requirements” means:
(a) Where the work required to be performed involves discrete University student, staff or public-facing
services or activities; and
(b) The intrinsic nature of the work required is such that it must be performed outside the span of hours.
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35.3 A professional staff member who works ordinary hours in accordance with subclause 35.1(a) will be paid:
(a) a 20% exibility loading for every hour worked outside the spread of ordinary hours specied in
clause 34 (Hours of Work – Professional Staff), except for:
(i) ordinary hours worked on a Saturday, where the professional staff member will be paid a 50%
exibility loading per hour;
(ii) ordinary hours worked on a Sunday, where the professional staff member will be paid a 100%
exibility loading per hour; and
(iii) ordinary hours worked on a University Holiday, where the professional staff member will be
paid a 150% exibility loading per hour.
35.4 This clause 35 will be used, amongst other things, as a measure to facilitate ongoing employment rather
than casual employment, and will not be utilised as the standard form of engagement of professional
staff members. The operation of this clause will be conned to:
(a) existing casual staff members;
(b) any new staff members; or
(c) any existing non-casual staff member who requests to be engaged under a Flexi-Span Hours
arrangement pursuant to subclause 35.1(b).
35.5 The University will not make any continuing professional staff member involuntarily redundant for the
purposes of engaging a staff member under a Flexi-Span Hours arrangement.
35.6 Where a staff member is working a exible hours span under subclause 35.1(b) on a temporary or ongoing
basis, the staff member may revert to their previous hours of work, by giving 28 days’ written notice to the
University, or as otherwise agreed.
36. Shift Work – Professional Staff
36.1 Shift work is performed when a professional staff member:
(a) is employed in an existing, new or vacant position designated as a shift work role; or
(b) is employed in an operational area or a task which regularly involves a requirement for work to be
performed outside the span of ordinary hours of 8am to 6pm (Monday to Friday), and agrees to
perform shift work, where such agreement will not be unreasonably withheld;
and is instructed by the University to start or nish their ordinary hours of duty other than on overtime
outside the span of hours dened in subclauses 34.1 and 34.2 above or the individual’s ordinary hours of
work made under a exibility agreement in accordance with Clause 4 (Agreement Flexibility) or Clause 35
(Flexi-Span). These staff members will be given seven (7) days’ notice including ve (5) working days of
the requirement to work or cease working shifts or to change times of starting or nishing work.
36.2 The following subclauses apply to shift work, other than where provisions in Schedule 8 apply to the staff
member.
Denitions
36.3 Day shift means any shift starting at or after 6.00am and nishing at or before 7.30pm.
Afternoon shift means any shift nishing after 7.30pm and at or before midnight.
Night shift means any shift nishing after midnight and before 7.30am.
Ordinary shift means any shift on which a shift worker is rostered for duty within their ordinary
hours of work.
Rostered shift means a continuous period of work during which a shift worker is rostered for duty.
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Shift Loadings
36.4 The following shift loadings will apply for eligible staff members, based upon their ordinary rate of pay:
Rostered Shift Loading
Day Shift / Ordinary Shift None
Afternoon Shift / Night Shift 15%
Saturday 50%
Sunday 100%
University Holiday 150%
Rates not Cumulative
36.5 The penalty rates within this clause and in the overtime clause are not cumulative. Where the staff
member is entitled to more than one (1) penalty rate the staff member will be entitled to the highest
single penalty rate.
Extra Week’s Leave for Regular and Systematic Shift Workers
36.6 Shift workers who regularly work over a period of six (6) months, will be entitled to extra recreation leave
per calendar year as follows:
Type of shift work Extra leave entitlement
Ten (10) day fortnight 36.25 hours (pro rata for part time)
Less than ten (10) day fortnight
Calculated on a proportionate basis of 36.25 hours
(that is, the number of days of regular shift work per fortnight
divided by ten (10).
Change to shift roster
36.7 Where changes are made by the University to the staff member’s shift or roster, or the staff member is
transferred by the University between rosters, the staff member must be notied at least 72 hours prior
to the change becoming operative. If 72 hours’ notice is not provided, the staff member will be entitled to
a shift penalty rate of 150% of the minimum hourly rate.
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37. Overtime - Professional Staff
37.1 The University may require a professional staff member to work reasonable hours outside of the span
of hours or in excess of their ordinary hours of work and the staff member will, on reasonable notice,
work such overtime in accordance with the instructions of the supervisor. Where a staff member
has obligations, then the supervisor will attempt to accommodate these obligations when making
arrangements for staff to carry out overtime.
Calculation of Overtime
37.2 Overtime will be provided for all authorised work performed outside of the span of hours or in excess
of the ordinary hours of work, calculated on a daily basis. Any hours worked in accordance with an
arrangement or agreement under clause 4 (Agreement Flexibility), clause 35 (Flexi-Span Hours –
Professional Staff) or clause 36 (Shift Work – Professional Staff) will not amount to authorised time
performed outside the span of hours and within the meaning of clause 37 (Overtime – Professional Staff).
37.3 Subject to subclause 37.5 the following overtime rates will apply:
(a) Weekdays – time and a half for the rst three (3) hours and double time thereafter.
(b) Saturdays – time and a half up to 12 noon (or the rst three (3) hours whichever occurs rst) and
double time thereafter.
(c) Sundays – double time.
(d) University Holidays prescribed in clause 41 of this Agreement – double time and a half.
37.4 For the purposes of the calculation of payment for overtime for staff classied at HEO Levels 1 to 6:
(a) the salary of a staff member will not include shift work allowances or casual loadings but will include
higher duties allowance;
(b) where the daily ordinary hours of duty are exible, the total hours worked in accordance with a work
cycle as dened in subclause 34.1 will be computed and overtime rates will apply to all time worked
in excess of or outside the ordinary hours of duty prescribed for the work cycle;
(c) if the staff member is required to work overtime at a time that is not continuous with the staff
member’s ordinary hours, the minimum overtime payment due to the staff member will be three (3)
hours. However, if the supervisor does not specify the time at which the overtime is to be performed
and the overtime could reasonably be performed at a time that is continuous with the staff
member’s ordinary hours, the staff member may request to work the overtime at a time of their
choosing and, if granted, will be paid for the overtime worked.
37.5 With the approval of their supervisor, a professional staff member classied at HEO Levels 1 to 6 may
agree, prior to the overtime being worked, to take time off in lieu (TOIL) of overtime payment. The time off
will be accrued in the same manner as is prescribed in subclause 37.3.
37.6 Staff classied at HEO Level 7 and above will not be eligible for overtime payment but will be granted TOIL
for authorised overtime, calculated at one and half times the actual overtime hours worked.
37.7 Any TOIL accrued and not taken within six (6) months will be paid out at the staff member’s ordinary rate
of pay.
Example
Val is an HEO Level 7 staff member. Val works a total of 72.5 hours of overtime between 1 February
and 1 May, and accrues 108.75 hours of TOIL (72.5 x 1.5). Val takes 8.75 hours of TOIL in July. Val
has an accrued TOIL balance of 100 hours as at 1 November. Given that Val has not used their TOIL
within six (6) months from its accrual, the remaining TOIL balance (100 hours) is paid out at Val’s
ordinary rate of pay.
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37.8 Staff members who work approved overtime may be entitled to payment of an overtime meal allowance
in accordance with subclause 28.1.
Breaks between Periods of Duty
37.9 A professional staff member who has worked overtime but has not had a break of at least ten (10)
consecutive hours, between the cessation of one period of duty and the commencement of the next
ordinary period of duty, will be released for a minimum rest period of ten (10) consecutive hours plus
reasonable travel time (based on the time normally required for the staff member to travel from home to/
from work). Such release will be without any loss of pay for scheduled ordinary duty occurring during such
absence.
37.10 A professional staff member required by the University to resume or continue work without having had
at least ten (10) consecutive hours break will be paid at ordinary rate plus 100% until released from duty.
Reimbursement of Fares
37.11 If as a result of overtime worked, a professional staff member is not able to access the usual means
of transport between their home and place of work, they are eligible to claim reimbursement for the
difference between the normal cost of the travel and the cost actually incurred through the use of a
reasonable alternative means of transport.
On-call Allowance and Call Out Payments
37.12 A professional staff member required to be on-call by their supervisor, to either respond to queries or to
return to work after the staff member’s ordinary hours of work will be paid an on-call allowance.
37.13 The on-call allowance will be an amount equal to 20% of the staff member’s ordinary rate of pay for the
time when the staff member is required to be on-call.
37.14 All requests for a professional staff member to be on-call and any subsequent payment of the on-call
allowance must be authorised by the staff member’s supervisor.
37.15 A staff member who is required to be on-call must be contactable by telephone and be t and ready for
on-site attendance (or remote log-in) within one (1) hour.
37.16 This clause will operate in conjunction with the University’s overtime and call back provisions in this
clause 37. The following minimum periods apply in respect to overtime payments for a professional staff
member who is required to be on-call:
(a) Where the professional staff member is called into their ofce, another part of a University campus
or an off-campus work site, three (3) hours (which will include travel time); or
(b) Where the professional staff member responds remotely (i.e. without travelling to a University work
site), fteen (15) minutes.
37.17 The staff member will not be paid the on-call allowance for the period of the staff member’s overtime
payment.
38. Rest Breaks – Professional Staff
38.1 Professional staff are entitled to take reasonable paid rest breaks and will not be required to work more
than ve (5) consecutive hours without a break for a meal of at least 30 minutes but not more than one (1)
hour. Time for a meal break will not be paid for and will not be counted as time worked.
38.2 Professional staff who undertake customer-facing duties as part of a regular roster will be eligible for two
(2) rostered paid rest breaks of ten (10) minutes’ duration each per day under arrangements acceptable
to the University. Fractional staff members who work less than a 70% time fraction on a single day will
only be entitled to one (1) paid rest break for that day. Where a staff member is rostered for paid rest
breaks under this subclause, they will not be entitled to take additional paid rest breaks under subclause
38.1.
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Enterprise Agreement 2023 Part E
39. Flexible Working Arrangements
39.1 All staff members who:
(a) have caring responsibilities;
(b) have a disability;
(c) are 55 years of age or older;
(d) are pregnant;
(e) are experiencing family and domestic violence; or
(f) provide care or support to an immediate family or household member who is experiencing family and
domestic violence;
are entitled to request exible working arrangements.
39.2 Flexible working arrangements may include, but are not limited to:
(a) changing starting and nishing times within hours of work as regulated by this Agreement;
(b) increasing or decreasing hours of work;
(c) periods of leave without pay.
39.3 The entitlement to exible working arrangements is for a period of up to two (2) years, however a longer
period may be agreed between a staff member and their supervisor.
Applying for exible working arrangements
39.4 To access exible working arrangements, staff members will make a written application to their
supervisor, setting out the nature of the exibility required and the period of time over which the
arrangements are sought.
39.5 On receipt of an application for exible working arrangements, the University will make its best
endeavours to accommodate the request, including exploring all available exible working arrangements
to full the staff member’s needs.
39.6 Applications for exible working arrangements may only be refused on reasonable business grounds.
39.7 If an application for exible working arrangements is refused:
(a) The University must provide detailed reasons in writing to the staff member; and
(b) In addition to any other rights under this Agreement, the staff member may make a further
application where circumstances have changed or after two (2) years from the date of the initial
application.
40. Field Work
Hours worked on Field Trips – Professional and Academic Staff
40.1 For the purposes of this Agreement, eld work activities are those designated as eld work and relate to
teaching or research undertaken at locations other than University premises where the staff member is
required to reside at the location for a period of more than one (1) day (eld work location).
40.2 Field work hours means the time spent travelling to and from the eld work location and the time
performing required work duties at the eld work location.
40.3 Field work hours do not include rest breaks, sleeping, or leisure time following required work duties being
performed.
40.4 Where a eld work trip exceeds 14 days, a staff member is entitled to a paid rest day (based on their
ordinary hours and ordinary rate of pay), to be taken in the eld but in exceptional cases, where
requested by the staff member, can be taken after eld work nishes as agreed between a staff member
and their supervisor.
40.5 Where a University Holiday occurs during eld work, an additional day/s in lieu will be given.
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Professional staff
40.6 Professional staff who perform eld work in excess of their ordinary hours or outside the span of hours
will be provided with overtime in accordance with clause 37.
40.7 All rest days are to be taken within two (2) weeks of return to work (or within four (4) weeks by mutual
agreement between a staff member and their supervisor).
40.8 Casual professional staff will be paid at the applicable rate in Schedule 4 for the eld work hours.
Academic staff
40.9 Arrangements for eld work for continuing and xed-term academic staff will be factored into the
workload planning process set out in clause 31.
40.10 Casual academic staff will be paid at the applicable rate in clause 10 of Schedule 3 for the eld work
hours.
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Enterprise Agreement 2023
PART F
LEAVE PROVISIONS
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La Trobe UniversityPart F
41. University Holidays
41.1 Unless substituted in accordance with this Agreement, the University will observe the following Public
Holidays as University Holidays:
(a) New Year’s Day
(b) Australia Day
(c) Labour Day
(d) Anzac Day
(e) Good Friday
(f) Saturday before Easter Sunday
(g) Easter Monday
(h) Tuesday after Easter Monday
(i) King’s Birthday
(j) Friday before the AFL Grand Final
(k) Melbourne Cup Day
(l) Christmas Day
(m) Boxing Day
(n) Any other additional gazetted Public Holiday(s), provided that where it falls during a teaching period
in the University’s academic calendar, a substitute University Holiday may be granted by the
University.
41.2 Where New Year’s Day, Australia Day, Anzac Day, Christmas Day or Boxing Day fall on a weekend (and
another day is not already gazetted in substitute), the next available working day will be granted as a
substitute University Holiday by the University.
41.3 The University and a staff member may agree to substitute another day for a day that would otherwise
be a University Holiday. In this instance the staff member will not be entitled to any penalty payments
for working on a University Holiday.
41.4 Where the University Holiday falls on a day when a staff member (other than a casual staff member)
would be required to work, the staff member is entitled to be absent from work on that day without
loss of pay.
41.5 Staff whose employment is located outside Victoria but within Australia will be entitled to public holidays
in accordance with the NES only. If the number of public holidays in accordance with the NES is less than
the number of University Holidays in subclause 41.1, the shortfall will be added to the recreation leave
accrual for a staff member whose employment is located outside Victoria but within Australia.
41.6 Professional staff members who work on a University Holiday will be paid penalty payments of double
time and a half.
41.7 Where a University Holiday occurs during the period in which a staff member is absent on paid leave
(with the exception of paid parental leave), no deduction will be made for that day from the staff
member’s leave credits. A staff member on paid parental leave or any form of unpaid leave is not entitled
to payment for a University Holiday.
42. End of Year Closedown
42.1 The University will close down for four (4) working days in addition to any University Holidays at the end
of each calendar year, as outlined in the end of year closedown calendar in Schedule 11.
42.2 Where an end of year closedown day falls on a day when a staff member (other than a casual staff
member) would be required to work, the staff member is entitled to be absent from work on that day
without loss of pay.
42.3 The University and a staff member may agree to substitute another day for a day that would otherwise
be an end of year closedown day.
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Enterprise Agreement 2023 Part F
42.4 The end of year closedown days are not University Holidays.
42.5 For the purpose of transition to this arrangement from the commencement of this Agreement, any
public holidays that were worked in the rst calendar year of this Agreement as part of the substitution
arrangements under the 2018 Agreement will be considered to be incorporated as days in lieu within the
rst End of Year closedown period under this Agreement, and no additional payment or compensation
will be made in respect of those days.
43. Recreation Leave
43.1 The entitlement to recreation leave and leave loading are set out in this table:
Leave Type Entitlement Eligibility
Recreation
Leave
• Four (4) weeks for each completed year of Service.
• Leave accrues on a fortnightly basis according to ordinary hours
worked.
• Staff may be granted up to two (2) weeks’ recreation leave in
advance of accrual.
Staff except for
casual staff
Leave Loading • A staff member who, as at 31 October in any year, has qualied for
four (4) weeks’ recreation leave since 1 November of the previous
year, is entitled in respect of that leave to a payment of leave
loading equal to 17.5% of four (4) weeks’ salary, provided that the
loading payment will not exceed the loading payment applicable to:
in the case of academic staff, the salary of a Level A, step 6
Academic as set out in Schedule 3
in the case of professional staff, the salary of a HEO Level 7, step 1
Professional as set out in Schedule 4
• Where the leave accrual in respect of the period from 1 November
in the previous year to 31 October is less than four (4) weeks (for
example the staff member commenced or ceased employment
part way through that period), a pro-rata payment will be made for
a staff member based on completed days of Service in that year
ending 31 October.
• A staff member who ends employment prior to payment in
December in any year will be entitled to a pro-rata leave loading
payment on termination based on the number of completed
months of service.
• Otherwise, payment of the recreation leave loading will be made
in a lump sum and occur in December in respect of the preceding
period.
Staff except for
casual staff
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La Trobe UniversityPart F
Other conditions relating to Recreation Leave
43.2 The dates for taking recreation leave will be agreed between the staff member and their supervisor.
43.3 An academic staff member is normally expected to take recreation leave in a period where the staff
member is not allocated teaching delivery activities and must obtain the approval of the Dean or delegate
before commencing recreation leave during a period of allocated teaching delivery activities. A Dean or
delegate will not unreasonably withhold approval for recreation leave sought during the staff member’s
non-teaching periods.
43.4 Any untaken recreation leave will be paid on termination of employment, provided that any leave used
in advance of an entitlement accruing will be deducted from any payment due to the staff member on
termination of their employment.
Management of Excess Recreation Leave
43.5 For the purposes of this clause, an “excessive recreation leave balance” is an accrual of at least six (6)
weeks’ recreation leave.
43.6 Where the requirement is reasonable, the University may, by written notice, require staff with an
excessive recreation leave balance to take sufcient recreation leave to bring their accrued entitlement to
four (4) weeks’ leave, subject to the following:
(a) the staff member must not be required to take leave within the rst two (2) months of receiving the
notice;
(b) the dates over which the leave will be taken are to be agreed between relevant staff and their
supervisor, provided that:
(i) if the staff member and supervisor are unable to reach agreement within two (2) months of the
staff member receiving the notice, or if the period of planned leave is cancelled before it is taken
(in the absence of exceptional circumstances), the University may specify the dates on which
the leave is to be taken, provided that the University will not require the staff member to take a
period of less than one (1) week at a time;
(ii) the period of leave must be taken by the staff member within six (6) months of receiving notice
of the excessive accrual (or, if approved by the Executive Director, Human Resources, in
exceptional circumstances only, within two (2) years of receipt of the notice where possible);
and
(iii) alternatively, the staff member may elect to cash out a period of recreation leave in accordance
with subclause 43.7.
(c) Provided that the requirements of subclause 43.5 have been met, where a staff member is directed
to take recreation leave in accordance with subclause 43.6(b), the employer will be entitled to
deduct from the staff member’s accrual the amount of recreation leave that has been directed to be
taken, at the conclusion of the directed period.
Cashing Out Recreation Leave
43.7 A staff member who has an accrual of at least eight (8) weeks’ recreation leave may request to cash out
an amount of recreation leave on the following basis:
(a) each request must be made in writing and approved by the staff member’s supervisor and the
Executive Director, Human Resources and will consider past and future leave arrangements of the
staff member;
(b) any cashing out must not result in the staff member’s remaining accrued entitlement to paid
recreation leave being less than four (4) weeks; and
(c) the staff member must be paid at least the full amount that would have been payable had they taken
the leave that they cashed out.
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Enterprise Agreement 2023 Part F
Transition plan for Recreation Leave Loading
43.8 In the period between the commencement of this Agreement and 31 October 2024, staff will continue
to receive payment of recreation leave loading in accordance with the 2018 Agreement, including at the
applicable rate prescribed in the 2018 Agreement and receiving payment at the time recreation leave is
taken.
43.9 The University will then calculate recreation leave loading payable on the staff member’s accrued
recreation leave balance as at 31 October 2024 and make payment of the loading in a lump sum in
December 2024.
43.10 From 1 November 2024 the provisions in subclause 43.1 will apply. Recreation leave loading will not be paid
at the time recreation leave is taken, and will be paid in an annual lump sum payment each December, or
where a staff member’s employment terminates prior to December it will be paid upon termination of
their employment.
44. Long Service Leave
44.1 Eligible staff will be entitled to 9.1 weeks’ long service leave after completion of seven (7) continuous years
of service, and 1.3 weeks’ leave for each additional year of service.
44.2 Staff may take double the period of long service leave by taking the leave at half-pay, provided that the
staff member must take a minimum amount of two (2) weeks’ leave (equivalent to one (1) week at full-
pay) and that service-based entitlements will accrue at half rate when leave at half pay is taken.
44.3 Long service leave will be paid at the staff member’s time fraction as at the date on which the leave is
taken.
Periods of Leave
44.4 A request for long service leave may be for a period of one (1) day or greater.
Time of taking leave
44.5 Where a staff member has an accrued entitlement to take long service leave, the staff member and their
supervisor will consult about agreeing to mutually acceptable dates when the leave will be taken. The
dates will be agreed having regard to the staff member’s preferred dates and the operational needs of the
University.
44.6 Where a staff member gives the notice set out below of their intention to take long service leave, unless
there are exceptional circumstances, approval will not be unreasonably withheld:
(a) six (6) months’ notice in the case of professional staff at HEO Level 7 and below; or
(b) twelve (12) months’ notice in the case of professional staff at HEO Level 8 and above and academic
staff.
44.7 If the supervisor and staff member are unable to agree on a suitable time to take long service leave, the
matter will be referred to the Executive Director, Human Resources, for determination. Before making the
decision, the Executive Director, Human Resources, will provide the staff member with an opportunity to
present their case in writing.
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Reduction of Excess Long Service Leave
44.8 Where a staff member has accumulated more than 20 weeks of long service leave, the Executive Director,
Human Resources may give the staff member written notice to take up to 13 weeks’ long service leave at a
time convenient to the needs of the University, provided that:
(a) a bona de effort will be made to reach an agreement with the staff member on the dates the leave
will be taken, but if no agreement is reached on this matter, the supervisor may specify the dates
the leave will be taken, which will be no sooner than six (6) months from the date of the Executive
Director, Human Resources’ direction. The staff member will be regarded as being on leave for the
directed period and their accrued entitlement to long service leave will be reduced accordingly;
(b) where a staff member has entered into a pre-retirement contract, or if the staff member enters into
a pre-retirement contract after receiving the notice from the Executive Director, Human Resources,
the staff member will not be required to take long service leave; and
(c) the minimum period of leave that a staff member will be directed to take in accordance with this
subclause will be two (2) weeks on full pay.
44.9 Determinations made by the Executive Director, Human Resources under this clause will be nal.
Payment of Long Service Leave on termination
44.10 Staff will be entitled to payment in lieu of untaken accrued long service leave as at the date of termination
of employment where:
(a) the staff member’s employment at the University terminates after seven (7) years or more
continuous service, including service recognised with another employer; or
(b) the staff member’s employment ends due to ill health or death after four (4) years or more
continuous service, including any service recognised with another employer; or
(c) the staff member’s employment ends pursuant to clause 66 (Redundancy Procedures) (excluding
subclause 66.15 (Termination Process for Rejection of a Reasonable Offer of Redeployment)) and
the staff member receives a redundancy payment under subclause 66.7, or pursuant to subclause
15.8 (Research Continuing).
Casual Long Service Leave
44.11 In accordance with the requirements of the FW Act, any service as a casual staff member which
meets the requirements of the Long Service Leave Act 2018 (Vic) will count as service for long service
leave purposes. Unless it has already been recognised by the University, service as a casual prior to 18
December 2009 does not count as service for calculating long service leave entitlements (if any).
44.12 For long service leave purposes, casual employment is taken to be continuous if there is no more than
an absence of three (3) months between the end of one instance of employment and the start of the
next instance of employment. If there is more than a three (3) month absence between each instance of
employment, casual service will be taken to be continuous if:
(a) the casual staff member and the University so agree before the start of the absence;
(b) the absence is due to the terms of engagement of the casual staff member;
(c) the absence is caused by seasonal factors; or
(d) the casual staff member has been employed by the University on a regular and systematic basis
and has a reasonable expectation of being re-engaged by the University.
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Enterprise Agreement 2023 Part F
45. Personal, Carer’s and Infectious Diseases Leave
Entitlement to Leave
45.1 The entitlement to Personal Leave (including carer’s leave) and Infectious Diseases Leave are set out in
this table:
Leave Type Entitlement Eligibility Notice and Evidence
Personal
Leave
Three (3) weeks of paid
leave for each completed
year of Service.
Leave accrues on a
fortnightly basis according
to ordinary hours worked.
Staff may be granted up
to three (3) weeks’ paid
personal leave in advance
of accrual.
Staff (except for casual
staff) who are unt for
work because of a personal
illness or injury.
Notice of absence to be
given to supervisor as soon
as reasonably practicable
(which may be at a time
after the leave has started).
Notice to include estimated
length of the absence.
Carer’s leave Staff can:
• Utilise untaken Personal
Leave credits; or
• Agree with the
University to take
unpaid leave; or
• Take up to 14.5 hours
unpaid carer’s leave
for each occasion if
the staff member is a
casual staff member
or has exhausted
their Personal Leave
entitlement
All staff who are required
to provide care or support
to an immediate family
member or member of the
staff member’s household
because of an illness, injury
or unexpected emergency.
Notice of absence to be
given to supervisor as soon
as reasonably practicable
(which may be at a time
after the leave has started).
Notice to include estimated
length of the absence.
A Medical Certicate is to
be provided for absences
in excess of three (3)
consecutive days or when
absences exceed a total of
ve (5) days in any year of
service.
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Leave Type Entitlement Eligibility Notice and Evidence
Funeral leave Continuing and
xed-term staff can:
• Utilise untaken Personal
Leave credits; or
• Agree with the
University to take
unpaid leave;
for up to one (1) day per
occasion.
Casual staff can access
up to one (1) day of unpaid
leave per occasion.
Staff for the purposes
of attending a person’s
funeral where they do not
have an entitlement to
Compassionate Leave.
Notice of absence to be
given to supervisor as soon
as reasonably
practicable to advise them
of their absence.
Supporting
people to
afrmtheir
gender leave
Staff are entitled to access
their Personal Leave
entitlements.
Staff (except for casual
staff) for the purposes of
supporting an immediate
family member throughout
the gender afrmation
process.
A staff member must
provide their supervisor
with notice of the taking
of leave as soon as
practicable, and must
advise of the period, or
expected period, of the
leave.
Indigenous
Australian
Kinship
Carer’s leave
Up to two (2) weeks’ paid
leave for each calendar year
will be provided.
Leave does not accumulate
if not taken.
Leave may be taken in
periods of one (1) hour or
more.
Staff (except for casual
staff) who are required
to care for a child under
the age of 18 years as
part of a Kinship Caring
Arrangement (as notied
by Kinship Carers Victoria
or equivalent state body
outside of Victoria) for
the purposes of visits
to birth parent/s, social
worker and attending to
court proceedings and
government administrative
requirements. Eligibility
for Indigenous Australian
Kinship Carer’s Leave will
cease once a decision is
made about permanent
care for the child.
Notice of absence to be
given to supervisor as soon
as reasonably practicable
(which may be at a time
after the leave has started).
Notice to include estimated
length of the absence.
Evidence of the Indigenous
Australian Kinship caring
arrangement may be
required.
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Enterprise Agreement 2023 Part F
Leave Type Entitlement Eligibility Notice and Evidence
Infectious
Diseases
Leave
Full pay for the period the
staff member is required
to be absent from work.
For casual staff this will
only include payment
for work the casual staff
member was scheduled
to undertake (at the
applicable hourly rate).
Leave will not be deducted
from Personal Leave credits.
All staff who are unable
to work as a result of
contracting an infectious
disease classied as
notiable to the Victorian
Department of Health or
equivalent State or Territory
government body if the
staff member resides
outside of Victoria, or
being required to remain
in isolation due to contact
with a person who has
a notiable infectious
disease.
Notice of absence to be
given to supervisor as soon
as reasonably practicable
(which may be at a time
after the leave has started).
Notice to include estimated
length of the absence.
Evidence of the
notication to the Victorian
Department of Health,
or equivalent State or
Territory government body
if applicable, advising
of the contracting of
an infectious disease is
required to be provided.
A MedicalCerticate
may be required stating
that the staff member is
to remain in isolation due
to contracting or being in
contact with a person who
has a notiable infectious
disease.
Special
Repatriation
Leave
Up to 15 days of paid
special repatriation leave
per annum, in addition
to any other leave
entitlements.
Any untaken leave is not
paid out on termination of
employment.
Staff (except for casual
staff) who have suffered
an illness or injury due to
disabilities directly resulting
from war service, provided
that:
(a) The Department of
Veterans Affairs (or
its successor agency)
conrms the legitimacy
of the disability in
writing; and
(b) Such leave will
accumulate if
not taken, up to a
maximum of 125 days’
leave.
Notice of absence to be
given to supervisor as soon
as reasonably practicable.
Notice to include estimated
length of the absence.
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La Trobe UniversityPart F
Other conditions relating to Personal leave
45.2 To be granted paid personal leave in advance:
(a) a staff member will provide a Medical Certicate in respect of each absence;
(b) the request must be supported by the Dean or Director or the Division and be approved by the
Executive Director, Human Resources; and
(c) Any personal leave used in advance of an entitlement accruing will be deducted from any payment
due to the staff member on termination of their employment.
45.3 Personal leave that is not used will accumulate year to year. Any unused personal leave will not be paid out
on termination of employment.
45.4 If a staff member with accrued personal leave is ill or injured for one or more working days during a
period of recreation leave or long service leave and a relevant Medical Certicate is submitted, those
working days may be treated as personal leave and appropriate adjustments will be made to the staff
member’s recreation leave or long service leave balance. This will not apply in circumstances where a staff
member is on a period of unpaid parental leave and is utilising their recreation leave or long service leave
entitlements to offset the period of unpaid leave.
Other conditions relating to Infectious Diseases Leave
45.5 If a staff member contracts an infectious disease classied as notiable to the Victorian Department of
Health or equivalent State or Territory government body if the staff member resides outside of Victoria,
or is required by a medical practitioner to remain in isolation due to contact with a person who has a
notiable infectious disease for one or more working days during a period of recreation leave or long
service leave, subject to meeting the normal notice and evidence requirements for Infectious Diseases
Leave, those working days where the staff member is required to remain in isolation may be treated as
Infectious Diseases Leave and appropriate adjustments will be made to the staff member’s recreation
leave or long service leave balance. This will not apply in circumstances where a staff member is on a
period of unpaid parental leave and is utilising their recreation leave or long service leave entitlements to
offset the period of unpaid leave.
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Enterprise Agreement 2023 Part F
46. Parental Leave
46.1 The University acknowledges the diversity of family structures and has designed parental leave
entitlements to be inclusive and recognise either parent may take on the role of primary carer.
The University supports parental leave applications from all staff.
46.2 The entitlement to Parental Leave is set out in the following tables:
(a) Unpaid Parental Leave
Eligibility Entitlement Conditions Notice and Evidence
Staff (including
eligible casual
staff) with at
least twelve (12)
months’ service)
52 weeks unpaid parental
leave (less any period of
paid leave provided in this
clause).
If the staff member has,
or will have, responsibility
for the care of the child
during the leave either by
way of:
• birth of a child of
the staff member, or
their partner or legal
surrogate; or
• adoption of a child; or
• an Indigenous
Australian Kinship
caring arrangement of
a child.
Can be accessed up to
six (6) weeks prior to the
expected date of birth or
placement of the child,
but must commence no
later than the date of birth
or placement.
Staff must provide at
least ten (10) weeks’
written notice to their
supervisor of the
expected date of their
leave (or as soon as is
reasonably practicable in
the case of an Indigenous
Australian Kinship caring
arrangement).
Evidence to include a
certicate from a medical
practitioner stating the
expected date of birth,
a birth or placement
certicate, or evidence
of the Indigenous
Australian Kinship caring
arrangement (whichever is
applicable); and
Written conrmation from
staff member providing
that staff member will be
the only primary caregiver
for the period of the leave
(save up to eight (8) weeks
during the leave period
during which there can be
two primary carers of
the child).
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La Trobe UniversityPart F
(b) Further Unpaid Parental Leave
Eligibility Entitlement Conditions Notice and Evidence
Staff members
who have been
granted an initial
period of unpaid
parental leave
(including eligible
casual staff)
Staff may request a
further period of unpaid
parental leave beyond the
initial 52 week period for a
further period of up to 52
weeks
If the staff member has, or
will have, responsibility for
the care of the child for
the duration of the leave.
The staff member’s
request must be in
writing and given to the
University at least four (4)
weeks before the end of
the current parental leave
period.
The University will give
a written response to
the request as soon as
practicable, and no later
than 21 days after the
request is made. The
response will include the
details of the reasons for
any refusal on reasonable
business grounds.
Evidence to include
written conrmation from
staff member providing
that the staff member
will be the only primary
caregiver for the period of
the leave.
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Enterprise Agreement 2023 Part F
(c) Paid Primary Carer Leave
Eligibility Entitlement Conditions Notice and Evidence
All staff employed
on a continuing or
xed-termbasis
Length of
Service
Quantum
of Paid
Leave
24 months
or greater
36 weeks
paid leave
Between
12 and 24
months
26 weeks
paid leave
<12 months Two (2)
weeks paid
leave per
completed
month of
Service
The staff member may
elect to take all or part of
the leave entitlements at a
proportion of full pay
provided that other
relevant entitlements
will accrue on the same
pro rata basis during the
relevant period and the
paid entitlements are
used within 52 weeks
of the date of birth or
placement of the child.
If a staff member
accesses Paid Secondary
Carer Leave and later
becomes eligible to take
Paid Primary Carer Leave,
their entitlement to Paid
Primary Carer Leave
will reduce by any period
of Paid Secondary Carer
Leave taken.
If the staff member has,
or will have, responsibility
for the care of the child
during the leave either by
way of:
• birth of a child of
the staff member, or
their partner or legal
surrogate; or
• adoption of a child
under school age; or
• an Indigenous
Australian Kinship
caring arrangement of
a child under school
age.
Can be accessed up to
six (6) weeks prior to the
expected date of birth or
placement of the child,
and all paid entitlements
must be utilised within 52
weeks of the date of birth
or placement of the child.
Staff must provide at
least ten (10) weeks’
written notice to their
supervisor of the
expected date of their
leave (or as soon as is
reasonably practicable in
the case of an Indigenous
Australian Kinship caring
arrangement).
Evidence to include a
certicate from a medical
practitioner stating the
expected date of birth,
a birth or placement
certicate, or evidence
of the Indigenous
Australian Kinship caring
arrangement (whichever is
applicable); and
Written conrmation from
staff member providing
that staff member will be
the only primary caregiver
for the period of the
leave (save up to eight (8)
weeks during the leave
period during which there
can be two primary carers
of the child).
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La Trobe UniversityPart F
(d) Paid ‘School Age’ Primary Carer Leave
Eligibility Entitlement Conditions Notice and Evidence
All staff employed
on a continuing or
xed-termbasis
Length of
Service
Quantum
of Paid
Leave
12 months
or greater
12 weeks
paid leave
<12 months One week
paid
leave per
completed
month of
Service
The staff member may
elect to take all or part of
the leave entitlements at
half pay provided that
other relevant
entitlements will accrue
on the same pro rata basis
during the relevant period
and the paid entitlements
are used within 52 weeks
of the placement of the
child.
If a staff member
accesses Paid Secondary
Carer Leave and later
becomes eligible to
take Paid ‘School Aged’
Primary Carer Leave,
their entitlement to Paid
‘School Aged’ Primary
Carer Leave will reduce
by any period of Paid
Secondary Carer Leave
taken.
If the staff member has,
or will have, responsibility
for the care of the child
during the leave either by
way of:
• adoption of a school
aged child; or
• an Indigenous
Australian Kinship
caring arrangement of
a school aged child.
Can be accessed from
four (4) weeks prior to
the date of placement
of the child, and all paid
entitlements must be
utilised within 52 weeks of
the date of placement of
the child.
Staff must provide at
least ten (10) weeks
written notice to their
supervisor of the
expected date of their
leave (or as soon as is
reasonably practicable in
the case of an Indigenous
Australian Kinship caring
arrangement).
Evidence to include the
expected date of
placement or evidence
of the Indigenous
Australian Kinship caring
arrangement (whichever is
applicable); and
Written conrmation
from the staff member
providing that they will be
the only primary care-
giver for the period of the
leave.
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Enterprise Agreement 2023 Part F
(e) Paid Secondary Carer Leave
Eligibility Entitlement Conditions Notice and Evidence
All staff employed
on a continuing or
xed-termbasis
irrespective of the
period of service
• Entitled to up to
three (3) weeks of
Paid Secondary Carer
Leave.
• A staff member
cannot receive Paid
Secondary Carer Leave
entitlements where
the staff member
has received Paid
Primary Carer Leave
or Paid ‘School Aged’
Primary Carer Leave
entitlements in relation
to their child.
• If a staff member
accesses Paid
Secondary Carer Leave
and later becomes
eligible to take Paid
Primary Carer Leave
or Paid ‘School Aged’
Primary Carer Leave,
their entitlement to
Paid Primary Carer
Leave or Paid ‘School
Aged’ Primary Carer
Leave will reduce by
any period of Paid
Secondary Carer Leave
taken.
A staff member, who will
be the Secondary Carer of
a child either by way of:
• birth of a child of
the staff member, or
their partner or legal
surrogate; or
• adoption of a child; or
• an Indigenous
Australian Kinship
caring arrangement of
a child.
Can be accessed from
one (1) week prior to
the expected birth or
placement and must be
used within 52 weeks
from the date of birth
or placement of the
child. A request for paid
secondary carer leave
may be for periods of one
(1) day or greater.
Notice of absence to
be given to supervisor
as soon as reasonably
practicable.
Evidence to include a
certicate from a medical
practitioner stating the
expected date of birth,
a birth or placement
certicate, or evidence
of the Indigenous
Australian Kinship caring
arrangement (whichever is
applicable).
(f) Early Pregnancy Loss Leave
Eligibility Entitlement Conditions Notice and Evidence
All staff employed
on a continuing or
xed-termbasis
irrespective of the
period of service
Up to three (3) weeks of
paid Early Pregnancy Loss
Leave (Life Events Leave -
clause 49).
In the event of the staff
member’s pregnancy
ending by miscarriage
during the rst 20 weeks
of the pregnancy.
Notice of absence to
be given to supervisor
as soon as reasonably
practicable (which may be
at a time after the leave
has started).
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La Trobe UniversityPart F
(g) Late Pregnancy Loss Leave
Eligibility Entitlement Conditions Notice and Evidence
All staff employed
on a continuing or
xed-termbasis
Combined total of six (6)
months’ paid and unpaid
leave taken as a single
continuous period.
Paid component of leave
calculated as follows:
Length of
Service
Quantum
of Paid
Leave
12 months
or greater
14 weeks
paid leave
<12 months Pro rata
May be extended by a
further period of up to six
(6) months’ unpaid leave
if supported by medical
certicate.
Available to a staff
member whose pregnancy
ends (after at least 20
weeks) by miscarriage or
the birth of a still-born
child.
If the staff member has
already commenced
parental leave, the leave
will be deemed to have
been Late Pregnancy
Loss Leave and the staff
member will receive the
balance of Late Pregnancy
Loss Leave that remains.
Other forms of parental
leave applied for,
but which have not
commenced will be
cancelled.
Notice of absence to be
given to supervisor as
soon as reasonably
practicable (which may be
at a time after the leave
has started).
Medical Certicate
stating the pregnancy
has ended before the
expected date of birth
other than by the birth of
a living child.
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Enterprise Agreement 2023 Part F
(h) Paid Surrogacy Leave
Eligibility Entitlement Conditions Notice and Evidence
All staff employed
on a continuing or
xed-termbasis
irrespective of
their period of
service
Entitled to up to twelve
(12) weeks Paid Surrogacy
Leave
Available to a staff
member who enters
into a formal surrogacy
arrangement which
complies with
Part 4 of the Assisted
Reproductive Treatment
Act 2008 (Vic) as the
surrogate.
Can be accessed up to
six (6) weeks prior to the
expected date of birth
of the child, and all paid
entitlements must be
utilised within six (6)
weeks of the date of birth
of the child.
A staff member
must provide ten (10)
weeks’ written notice
to the University of
their intention to take
Surrogacy Leave.
The notication should
include the intended
start and end dates of
the leave, and if known,
any other leave the staff
member seeks approval
to take in conjunction with
their Surrogacy Leave.
The University may also
require the staff member
to provide documentary
evidence conrming the
expected date of birth of
the child, and the formal
surrogacy arrangement,
which complies with Part
4 of the Assisted
Reproductive Treatment
Act 2008 (Vic).
General conditions for parental leave
46.3 Any period of paid parental leave under this clause is included and not in addition to the 52 week period
in subclause 46.2.
46.4 Staff can offset a period of unpaid parental leave or further unpaid parental leave by utilising their paid
entitlements, if eligible, to:
(a) Paid Primary Carer leave; or
(b) Paid ‘School Age’ Primary Carer leave; or
(c) Accrued recreation leave; or
(d) Accrued Long Service leave,
provided that staff must use any entitlement to paid leave under (a) and (b) above before they utilise any
entitlement to paid leave under (c) and (d).
46.5 Entitlement to parental leave, including any paid leave provided for under subclause 46.2, will be reduced
by any period of parental leave taken by the staff member’s partner if they are employed by the
University. The entitlement to parental leave will not be reduced by paid secondary carer leave taken by
the staff member’s partner under subclause 46.2(e).
46.6 Periods of parental leave must be taken in a single continuous period.
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La Trobe UniversityPart F
46.7 Casual staff are not entitled to paid parental leave. Casual staff and will only be eligible to unpaid
parental leave if they:
(a) have been employed by the University on a regular and systematic basis for a sequence of periods of
employment of at least twelve (12) months; and
(b) but for the birth or placement of the child, the staff member would have a reasonable expectation of
ongoing employment by the University on a regular and systematic basis.
46.8 Superannuation contributions made by the University and the staff member will continue during any
period of paid parental leave.
46.9 Normal incremental advancement within salary classications will continue during any period of parental
leave up to 52 weeks.
46.10 Staff employed for a xed-term, which expires during a period of parental leave, will not be eligible for
further parental leave after the date the Fixed-term Employment expires, unless they are re-employed
on a continuing basis or on a further xed-term and there is no break in service.
46.11 Staff may negotiate with their supervisor a return to work from parental leave at an earlier time than
originally approved. The University may refuse any such request on reasonable business grounds which
may include but not be limited to consideration of backll arrangements the University already has in
place.
46.12 Staff on parental leave will be informed in a timely manner of organisational change in their work area and
consulted in accordance with the procedures in this Agreement if they are proposed to be affected by
signicant change.
46.13 Staff must conrm their intention to return to work from parental leave by providing at least six (6) weeks’
written notice to their supervisor prior to the expiration of their absence.
46.14 On the ending of parental leave, staff are entitled to resume work in their substantive position and time-
fraction. If their substantive position no longer exists, the University will seek to employ the staff member
in a suitable vacant position. If a suitable vacant position does not exist the staff member will have
access to the process set out in clause 66 (Redundancy Procedures) at their scheduled date of return to
work, or prior if appropriate.
46.15 A staff member returning to work after a period of parental leave may request exibility in accordance
with clause 39 (Flexible Working Arrangements).
Return to work offset
46.16 Staff may request to use up to ten (10) weeks of their paid primary carer leave as return to work leave to
be used to facilitate return to work after a period of parental leave, which may include:
(a) a graduated return to work (agreed between the staff member and their supervisor); and/or
(b) agreed study leave, conference leave or some other identied staff development initiative identied
in the staff member’s Annual Performance Cycle Plan, providing that the University does not incur a
Fringe Benets Tax liability.
46.17 A request made by a staff member under subclause 46.16 will not be unreasonably denied.
Breastfeeding and chestfeeding
46.18 The University will support breastfeeding and chestfeeding as set out in University policies and
procedures.
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Enterprise Agreement 2023 Part F
47. Family and Domestic Violence Support
Family and Domestic Violence Leave Entitlement
47.1 The entitlement to Family and Domestic Violence Leave is set out in this table. This entitlement does not
pro-rata for part-time or casual staff.
47.2 Family and Domestic Violence Leave does not accumulate and any untaken leave is not paid out on
termination of employment.
Leave Type Entitlement Eligibility Notice and Evidence
Family and
Domestic
Violence
Leave
• Ten (10) days paid leave in each
calendar year for the purposes of
attending medical appointments,
legal proceedings, seeking safe
housing or other activities related
to dealing with family violence. For
casual staff this will only include
payment for work the casual
staff member was scheduled
to undertake (at the applicable
hourly rate).
• This leave is in addition to other
existing leave entitlements a
staff member may be eligible to
access.
• Additional paid leave may be
granted to continuing and xed-
term staff at the discretion of
the Executive Director, Human
Resources.
All staff
who are
experiencing
family and
domestic
violence
Notice of absence to be given to
supervisor as soon as reasonably
practicable (which may be at a
time after the leave has started).
Notice to include estimated length
of the absence.
The University may request
relevant supporting evidence such
as documentation from the police,
court, community or government
agencies, a medical practitioner,
a family violence support service
or lawyer or a counselling
professional.
Support for staff experiencing Family and Domestic Violence
47.3 The University will support staff experiencing Family and Domestic Violence through:
(a) discussing exible working arrangements, including changes to hours of work consistent with the
needs of the work unit;
(b) changing work location consistent with the needs of the work unit;
(c) changing telephone number or email address; and
(d) considering other requests made by the staff member.
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La Trobe UniversityPart F
48. Cultural, Community and Other Leave
48.1 Staff are entitled to cultural, community and other leave as described in this table.
48.2 Cultural, community and other leave entitlements expressed in hours will be provided on a pro-rata basis
for staff engaged on part-time/fractional employment; or part-year or annualised hours professional
employment.
48.3 Cultural, community and other leave does not accumulate and any untaken leave is not paid out on
termination of employment.
Leave Type Entitlement Eligibility Notice and Evidence
Cultural or
Religious
Purposes Leave
Up to 21.75 hours of paid
leave per year of service.
Staff (except for casual
staff) for the observance
of cultural or religious
occasions of signicance.
For Indigenous Australians
this leave may be
accessed for any of the
purposes described in
Indigenous Australian
Leave.
Where practicable, notice
of absence is required
to be provided to the
supervisor in advance of
taking the leave.
Staff may be required to
advise their supervisor
of the relevant cultural
or religious occasion of
signicance.
Indigenous
Australian Leave
In addition to the Cultural
or Religious Purposes
leave, Indigenous
Australians are entitled to
one (1) week of paid leave
and up to two (2) weeks
of unpaid leave per year
of service for Indigenous
Australians community,
cultural and ceremonial
duties.
In the case of funerals
the staff member may
be entitled to paid leave
under clause 48
(Life Events Leave -
Compassionate Leave).
Staff (except for casual
staff) who are undertaking
Indigenous Australians
community, cultural
and ceremonial duties
including initiation,
birthing and naming,
smoking or cleansing,
sacred site or land
ceremonies, and attending
to Sorry Business or leave
for Sorry Day
Where practicable, notice
of absence is required
to be provided to the
supervisor in advance of
taking the leave.
Staff may be required to
advise their supervisor of
the relevant community,
cultural or ceremonial
duties.
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Enterprise Agreement 2023 Part F
Leave Type Entitlement Eligibility Notice and Evidence
Jury Service,
Crown Witness
and Tribunal
Entitled to be absent from
work for the duration of
attendance without loss
of pay. If the attendance
at a court or tribunal
overlaps with an approved
period of recreation or
long service leave, no
deduction will be made
from the staff member’s
leave balance in respect
of the relevant period.
The staff member cannot
claim reimbursement of
any costs associated with
such attendance.
Staff (except for casual
staff) who are required
to attend a court or
tribunal for the purpose
of jury service, as a Crown
witness, as a witness
on behalf of the NTEU
or to give evidence
directly related to their
employment.
If a staff member is
required to appear in
a court or tribunal for
any other reason, the
staff member will be
entitled to unpaid leave
for the duration of the
attendance.
The staff member is
required to notify
the supervisor of the
requirement to attend
the court or tribunal in
advance of the staff
member taking the leave.
Failure to notify the
supervisor in advance of
the leave will result in the
leave being without pay
or a staff member being
required to utilise other
leave entitlements.
Staff may be required to
provide their supervisor
with evidence of their
requirement to attend the
court or tribunal.
Volunteering / For
Purpose
organisation
Leave
Entitled to two (2) days of
paid leave each calendar
year.
Staff (except for
casual staff) who are
volunteering for a For
Purpose organisation.
Leave must be taken at
a time agreed by the
supervisor and applied
for and approved in
advance by the
supervisor. The
supervisor will not
unreasonably withhold
their agreement.
Donating Blood Entitled to take up to two
(2) hours of paid leave
per occasion, up to a
maximum of 14 hours each
calendar year.
Staff (except for casual
staff) who are donating
blood during working
hours
Leave must be taken at
a time agreed by the
supervisor and applied
for and approved in
advance by the
supervisor. The
supervisor will not
unreasonably withhold
their agreement.
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La Trobe UniversityPart F
Leave Type Entitlement Eligibility Notice and Evidence
Emergency
Services Leave
A staff member who
engages in a Voluntary
Emergency Management
Activity is entitled to Full
Pay for the duration of
the activity.
Staff (except for casual
staff) who are taking part
in a Voluntary Emergency
Management Activity.
Notice of absence to
be given to supervisor
as soon as reasonably
practicable (which may be
at a time after the leave
has started). Notice to
include estimated length
of the absence.
Defence Training Entitled to Full Pay for up
to 18 days (including non-
working days) to attend
a military training camp.
However, a further four
(4) days may be granted if
the Commanding Ofcer
of the Unit certies that
the additional days
are necessary.
Leave without pay may be
granted so that the staff
member can attend one
school, class or course
of military instruction per
year (other than an annual
camp), for up to 16 days
(including non- working
days). If military pay is less
than the Staff member’s
salary, the University will
make up the difference on
application by the staff
member.
Staff (except for casual
staff) who are a member
of the Australian Defence
Reserve.
The staff member
is required to notify
the supervisor of the
requirement to attend
Defence Training at least
two (2) weeks in advance
of the absence.
Failure to notify the
supervisor at least two
(2) weeks in advance of
the absence will result in
the absence being leave
without pay or a staff
member being required
to utilise other leave
entitlements.
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Enterprise Agreement 2023 Part F
Leave Type Entitlement Eligibility Notice and Evidence
Sporting
Competitions
May be granted paid
or unpaid leave for the
period of the actual
competition together with
reasonable travel time
to and from the venue,
provided that additional
leave may be granted
at the direction of the
Executive Director, Human
Resources.
Entitled to up to four
(4) weeks of paid leave
to compete in, or act as
an accredited ofcial
at the Olympic Games
or Paralympic Game
(Summer or Winter) or
Commonwealth Games.
Entitled to up to four (4)
weeks of unpaid leave
to compete in, or act as
an accredited ofcial in
an interstate, national
or international sporting
competition.
Staff (except for casual
staff) who are competing
in, or acting as an
accredited ofcial in an
approved sporting event
(as provided for in the
Entitlement).
The staff member is
required to notify the
supervisor of the sporting
competition at least two
(2) weeks in advance of
the leave and provide
documentary evidence of
selection as a competitor
or accreditation as an
ofcial.
Failure to notify the
supervisor at least two
(2) weeks in advance of
the absence will result in
the absence being leave
without pay or a staff
member being required
to utilise other leave
entitlements.
Trade Union
Business Leave
Entitled to up to one (1)
week per calendar year
Paid leave in excess of one
(1) week and up to two (2)
weeks may be granted
in any one calendar year
subject to the total leave
granted in that year and
the subsequent year not
exceeding two (2) weeks.
Staff (except for casual
staff) who are attending
trade union training
courses or seminars,
subject to the operational
requirements of the
University. The scope,
content and level of the
courses must contribute
to a better understanding
of industrial relations. Any
short course conducted
by or with the support of
the NTEU or Australian
Trade Union Institute
(ATUI) will be deemed as
contributing to a better
understanding.
Leave must be taken at
a time agreed by the
supervisor and applied for
and approved in advance
by the supervisor. The
supervisor will not
unreasonably withhold
their agreement.
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La Trobe UniversityPart F
Leave Type Entitlement Eligibility Notice and Evidence
Contesting
Elections Leave
Unpaid leave for the
whole period with the
ability to use accrued
recreation or long service
leave entitlements.
All staff for the period
between close of
nominations and
declaration of the ballot at
parliamentary elections.
Leave must be applied for
and approved in advance
by the supervisor.
49. Life Events Leave
49.1 Staff are entitled to life events leave as described in this table.
49.2 Life events leave entitlements expressed in hours will be provided on a pro-rata basis for staff engaged on
part-time/fractional employment; part-year or annualised hours professional employment.
49.3 Life events leave does not accumulate and any untaken leave is not paid out on termination of
employment.
Leave Type Entitlement Eligibility Notice and Evidence
Compassionate
leave
Up to two (2) weeks of
paid compassionate leave
on each occasion for
continuing or xed-term
staff.
Up to two (2) weeks of
unpaid compassionate
leave on each occasion for
casual staff.
The Executive Director,
Human Resources, may
grant to the staff member
further paid or unpaid
compassionate leave on
a case by case basis - for
example where special
circumstances arise (such
as a delayed funeral or
the need to undertake
extensive travel).
Staff can take
compassionate leave if:
• their partner, or an
immediate family
member or member
of the staff member’s
household dies or
develops a life-
threatening illness or
injury;
• a baby of an
immediate family
member or member
of the staff member’s
household is stillborn;
or
• their partner has a
miscarriage
Notice of absence to be
given to supervisor as
soon as reasonably
practicable to advise
them of their absence
(which may be at a
time after the leave has
started).
In the case of a serious
personal illness or injury,
the University may
request a letter from
a medical practitioner
stating that the illness or
injury is critical or of a life
threatening nature.
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Enterprise Agreement 2023 Part F
Leave Type Entitlement Eligibility Notice and Evidence
Life
administration
leave
Up to one (1) day each
calendar year
Staff (except for casual
staff) to attend to a range
of life and personal
administration matters
as outlined in University
policy and procedure.
Leave must be taken at
a time agreed by the
supervisor and applied for
and approved in advance
by the supervisor.
The supervisor will not
unreasonably withhold
their agreement.
Assisted
reproductive
technology leave
Up to one (1) week in each
calendar year.
Staff (except for casual
staff) who are attending
treatments, appointments
and other activities
related to the treatment or
procedures that address
fertility. This can include
articial insemination;
in-vitro fertilisation; ICSI;
or gamete intrafallopian
transfer.
Notice of absence to
be given to supervisor
as soon as reasonably
practicable prior to the
absence.
Notice to include
estimated length of the
absence.
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La Trobe UniversityPart F
Leave Type Entitlement Eligibility Notice and Evidence
Gender
AfrmationLeave
Up to four (4) weeks’ paid
leave in each calendar
year up to a maximum of
eight (8) weeks’ over the
life of the continuing or
xed-term staff member’s
employment.
This leave is in addition
to other existing leave
entitlements a staff
member may be eligible to
access. If a staff member
has used all of their paid
leave under this clause,
the staff member may
apply for further unpaid
leave. Such leave will not
be unreasonably refused.
The University will not
tolerate discrimination
or harassment based on
gender identity.
Trans or gender-diverse
staff (except for casual
staff) for the purposes of
social, medical or legal
afrmation.
Trans or gender-diverse
staff employed as casual
staff are not entitled
to access paid Gender
Afrmation Leave, but may
be eligible for a Gender
Afrmation Allowance (see
clause 28 - Allowances
and Responsibility
Payments).
Notice of absence to
be given to supervisor
as soon as reasonably
practicable prior to the
absence.
Notice to include
estimated length of the
absence.
Staff accessing Gender
Afrmation Leave may, if
reasonable, be required
to provide a medical
certicate or other
suitable documentation,
and this will be sufcient
for all future occurrences
of less than ve (5)
working days.
The University will
support staff members
who are afrming their
gender by respecting
the right of the staff
member’s privacy by not
disclosing any information
about the staff member’s
trans or gender-diverse
status without their
consent, except as is
practicably needed for
processing the request for
Gender Afrmation Leave.
Early pregnancy
loss leave
Up to three (3) weeks of
paid early pregnancy loss
leave for continuing or
xed-term staff.
Up to three (3) weeks of
unpaid early pregnancy
loss leave for casual staff.
Staff in the event of their
pregnancy terminating by
miscarriage at a gestation
of prior to 20 weeks.
Notice of absence to
be given to supervisor
as soon as reasonably
practicable (which may be
at a time after the leave
has started). Notice to
include estimated length
of the absence.
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Enterprise Agreement 2023 Part F
Leave Type Entitlement Eligibility Notice and Evidence
Late pregnancy
loss
Refer to parental leave
clause 46
Staff (except for casual
staff) in the event of their
pregnancy terminating by
miscarriage or stillbirth at
a gestation of 20 weeks or
more.
Notice of absence to be
given to supervisor as
soon as reasonably
practicable (which may be
at a time after the leave
has started).
Examination/
Study Leave
(Professional
Staff)
Paid leave for attendance
at approved courses
and examinations in
subjects approved by
the University. Such
study leave will include
reasonable travel time
during normal working
hours to and from the
relevant venue.
Professional staff
(except for casual staff),
undertaking an approved
course of study during
working hours where,
in the opinion of the
supervisor and Dean/
Divisional Manager,
the course of study is
of direct value to the
University and relevant
to the work or career
goals of the staff member
provided the staff
member’s career goals
are aligned to a career
available within the
University.
Leave must be taken at
a time agreed by the
supervisor and applied
for and approved in
advance by the
supervisor. The
supervisor will not
unreasonably withhold
their agreement.
Relocation leave Entitled to up to two (2)
days of paid leave for the
purpose of relocating
to the new place of
residence.
Staff (except for casual
staff) who are required by
the University to perform
all or the major part of
their duties at a different
campus of the University
(e.g. if the staff member’s
role is relocated to a
different campus) and
the staff member elects
to relocate to a residence
closer to the new place
of work (or at a more
convenient location for
public transport).
Leave must be taken at
a time agreed by the
supervisor and applied for
and approved in advance
by the supervisor.
The supervisor will not
unreasonably withhold
their agreement
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La Trobe UniversityPart F
Leave Type Entitlement Eligibility Notice and Evidence
Special leave Paid or unpaid leave,
at the discretion of the
Executive Director, Human
Resources.
All staff who are
experiencing difcult
personal or other
circumstances, if granted
by the Executive Director,
Human Resources.
Notice of absence to
be given to supervisor
as soon as reasonably
practicable prior to the
absence.
Notice to include
estimated length of the
absence.
The Executive Director,
Human Resources may
request documentary
evidence in order to
consider the request.
50. Leave to Count as Service
50.1 The following periods will count as service for the purposes of calculating all service based entitlements
under this Agreement:
(a) any period of paid leave;
(b) any period of parental leave up to 52 weeks;
(c) up to four (4) weeks of unpaid personal leave (either continuous or an aggregate within any year of
service);
(d) any period of unpaid leave for the purposes of contesting elections to Federal or State Parliament.
50.2 For the purposes of calculating a xed-term staff member’s period of continuous service:
(a) A break of up to twelve (12) weeks between periods of Fixed-term Employment will not constitute
breaks in the staff member’s continuous service, provided that:
(i.) the interval between successive xed-term appointments does not count as service;
(ii.) continuity of service is broken if a staff member receives a severance payment in accordance
with subclause 11.10 of this Agreement;
(iii.) continuity of service is not broken should a staff member commence parental leave during a
xed-term appointment with the University, providing that the staff member resumes
employment with the University within two (2) years after the date on which the child is born
or adopted.
50.3 For the purposes of calculating Unpaid Parental Leave under subclause 46.2, regular and systematic
casual service is when the length of time between each period of engagement is not more than three (3)
months (unless the length of the absence is due to the staff member’s terms of engagement with the
University, in which case continuity of service is not broken).
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Enterprise Agreement 2023
PART G
WELLBEING
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La Trobe UniversityPart G
51. Occupational Health and Safety
51.1 The University recognises the important role of Health and Safety Representatives (“HSRs”) and will
facilitate their work through having up to three (3) elected HSRs, chosen by agreement with the NTEU, to
be participants with speaking rights at the University’s central and highest level OHS Committee.
51.2 The University will invite the NTEU to nominate a representative to attend and have speaking rights at the
central and highest level University OHS Committee.
51.3 The University will ensure that all staff members (including casual staff members) are eligible to be
selected as First Aid Responders and Facility and Area Wardens. Selection as a First Aid Responder
or Facility and Area Warden does not constitute employment in a separate paid role. For casual staff
members to be eligible to be selected as First Aid Responders and Facility and Area Wardens they must:
(a) work a minimum of 0.6 FTE fraction averaged across the year; and
(b) have been employed by the University on a regular and systematic basis for a sequence of periods of
employment of at least twelve (12) months; and
(c) have a reasonable expectation of ongoing employment by the University on a regular and systematic
basis.
51.4 In the event staff are required to wear uniforms, overalls and protective clothing, the University will
provide those items to staff and will provide replacement items as required (as determined by the
University).
51.5 While each staff member is attached to a designated University campus or location, the University is a
multi-campus institution and a staff member may travel between University campuses and locations in
the course of performing their duties. Supervisors will adopt a planned consultative approach with staff
members when travel is required, to avoid undue hardship, fatigue or disruption for the staff member,
including consideration of provision of accommodation or alternative modes of transport.
52. Workplace Adjustments
52.1 The University’s goal is to foster a culture of care by promoting and supporting the wellbeing of our
people. We are committed to providing an inclusive, accessible, respectful, safe and equitable workplace,
that embraces diversity and is free from discrimination. We recognise workplace adjustments are
important for supporting a diverse workforce.
52.2 Workplace adjustments reect the understanding that a staff member with a disability can often perform
work tasks if adjustments are made to accommodate the effects of their condition.
52.3 The University will adopt the broad ranging denition of disability set out in the Disability Discrimination
Act 1992 (Cth). This will include staff who have a condition either caused by accident, trauma, injury,
genetics or disease that may restrict a person’s mental, emotional, sensory or mobility functions to
undertake a job. This includes physical, sensory, intellectual, learning, neurological and psychiatric
disability. Disability may be temporary or permanent, total or partial, lifelong or acquired. Disability may be
visible or hidden.
52.4 Workplace adjustments can be requested by staff in line with the University’s ‘Workplace Adjustment
Policy – Staff’.
53. Remote Working Arrangements – Professional Staff
53.1 La Trobe University is an on-campus institution. While staff are employed to undertake their roles at the
University, professional staff may enter into an agreement with their supervisor for a hybrid working
arrangement. The agreement will outline both working from campus and remote working arrangements.
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Enterprise Agreement 2023 Part G
53.2 A staff member and their supervisor may agree to ad hoc, short term or regular hybrid working
arrangements. A hybrid working arrangement is to be negotiated on a case by case basis between the
staff member and the supervisor. Hybrid working arrangements will be supported by the supervisor
where:
(a) the staff member is able to satisfactorily complete the requirements of their role split across the
periods in which they are working remotely and in attendance at campus;
(b) there are certain functions, activities or duties that can only be performed on campus, the staff
member attends on campus to perform those functions, activities or duties;
(c) there are specic events or activities that the University requires the staff member to attend for on
campus, they will be required to be on campus for those times. Events or activities will not be created
for the purpose of making it difcult for staff to work remotely;
(d) workplace health and safety requirements are able to be met; and
(e) the needs of the local work unit are able to be met and the arrangement does not unreasonably
impact upon other staff.
53.3 The University must use its best endeavours to accommodate a hybrid working request where it meets
the criteria in subclause 53.2.
53.4 Any decision to reject a staff member’s hybrid working request, will be in writing.
53.5 Termination of hybrid working arrangements may be sought by the staff member at any stage. The staff
member in this circumstance would be, if practicable re-assigned to the conventional workplace. In order
to facilitate the transition from remote working, the staff member should give at least ten (10) working
days’ notice.
54. Right to Disconnect
54.1 The University does not expect staff to monitor communications from the University outside of their
normal working hours or during periods of approved leave except pursuant to a relevant clause of this
Agreement (such as on-call or stand by arrangements or authorised overtime).
54.2 If the University makes contact with a staff member outside of their normal working hours or during
periods of approved leave, the University does not expect staff to respond except:
(a) where there is an urgent operational need identied requiring the specic staff member’s assistance;
(b) in an emergency circumstance;
(c) pursuant to a relevant clause of this Agreement (such as on-call or stand by arrangements or
authorised overtime); or
(d) where the reason for the contact is about the staff member’s leave or arrangements for returning
from leave.
55. Managing Ill-Health
55.1 Where the University has a genuine concern that a staff member is unable to perform the inherent
requirements of their position due to illness or injury, or may pose an occupational health and safety risk
to other staff or students, and where it is reasonable to do so, it may direct the staff member to undergo
an independent medical examination by a medical practitioner chosen and paid for by the University.
The University will provide the staff member with reasonable written notice of the requirement for an
independent medical examination, which will be a minimum of one (1) week’s notice.
55.2 The staff member is required to co-operate in respect of the direction, including any requests made by
the independent medical practitioner to enable examination and provision of any medical report.
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55.3 A refusal or failure to attend the medical examination without reasonable cause:
(a) may constitute a failure to comply with a reasonable and lawful direction, which may result in
disciplinary action in accordance with clause 67 (Misconduct and Serious Misconduct); and
(b) may result in the University concluding that a medical examination would have found the staff
member unable to perform the inherent requirements of their position within twelve (12) months.
55.4 A copy of the independent medical report obtained under this clause will be made available to the
University and to the staff member.
56. Workers’ Compensation Leave and Make-up Pay
56.1 A staff member who suffers injury causing partial or total incapacity for work, and who receives
compensation in respect of such incapacity pursuant to the applicable State workers’ compensation
legislation, will be granted leave and will be paid make-up pay by the University in accordance with
subclause 56.2 below.
56.2 Leave and make up pay will not exceed a continuous period of 52 weeks or an aggregate period of 52
weeks in respect of any one injury. The amount of make-up pay will be the difference between the amount
of weekly compensation received by the staff member and the pre-injury average weekly earnings of
the staff member. A staff member who receives workers’ compensation weekly payments will have any
Personal Leave credits that were used during the period of the injury re-credited.
56.3 A staff member who recovers damages in respect of the injury for which they have received make-up pay,
will repay this make-up pay to the University, provided that the damages so recovered include payment
for loss of income.
57. Journey to Work Insurance
The University will maintain the journey to work insurance arrangements.
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PART H
PERFORMANCE
AND CAREER
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58. Enabling Performance
58.1 The University is dedicated to excellence in its people and is committed to collaborating with staff to
empower both individual performance success and the development and achievement of career goals.
The Annual Performance Cycle elements include goal setting, quality conversations and feedback and the
use of the Career Success platform.
58.2 Changes to the substantive protections of overarching principles which apply to the Performance
Development Framework, including the Annual Performance Cycle, may only be made after consultation
with the NTEU.
58.3 The individual performance goals will be developed and agreed with the staff member annually. All
continuing and xed-term staff (unless expressly exempted within the Performance Development
Framework) must participate in the process and not unreasonably withhold agreement to the inclusion of
goals that are achievable and consistent with the position description and Academic Level or Professional
Staff Classication Level of the staff member. The Annual Performance Cycle will not apply to staff on
extended periods of unpaid leave.
58.4 The Annual Performance Cycle will cover the following principal elements and actions:
(a) assist staff to develop appropriate, meaningful and measurable performance and development goals
that are consistent with their position description and classication or MSAL standard, to be achieved
during the Annual Performance Cycle;
(b) regular communication and discussions to review performance and provide feedback;
(c) acknowledge initiatives and achievements of the staff member;
(d) identication of issues that may impact relevance or achievement of performance goals;
(e) identication of mitigating circumstances such as workload issues and available support for
development activities;
(f) recognition and reward of high performance;
(g) identify actions to address areas of performance concern;
(h) seek feedback from the staff member about the supervisor or Academic Reviewer’s support and
leadership; and
(i) provide feedback and coaching to the staff member on specic areas requiring development, which
should be clearly documented where performance is unsatisfactory.
58.5 Where an academic staff member has serious difculties or concerns with their assigned Academic
Reviewer they may request an alternative Academic Reviewer to undertake their review. The Dean
may appoint an alternative Academic Reviewer where they believe that the nature of the difculties or
concerns will prevent the Annual Performance Cycle from being carried out effectively in accordance with
the principles of the process.
58.6 A supervisor or Academic Reviewer’s assessment of an academic staff member’s research is to focus
on the accomplishments in the eld of research with objective consideration of the conduct and
methodology of the research and must not include any subjective evaluation of the value of a particular
line or eld of research. Performance goals are to be set with reference to Research Performance
expectations (where these exist).
58.7 Student evaluation of teaching is relevant to an academic staff member’s analysis of their own
performance and to any performance-related discussions with a supervisor, Academic Reviewer or any
other senior staff member in the context of the Annual Performance Cycle and probation schemes and
maintaining University quality assurance. However, student evaluation will not be the sole measure of
teaching performance.
58.8 When assessing performance, consideration will be given to whether the workload of the staff member
is fair and reasonable, whether staff development opportunities were provided, and any enabling or
mitigating circumstances.
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58.9 A supervisor is the person to who the staff member reports directly. An Academic Reviewer is the person
assigned to conduct the Annual Performance Cycle activities for an academic staff member and may or
may not be the direct supervisor. In the Annual Performance Cycle the supervisor or Academic Reviewer
is expected to provide leadership to, and monitor performance of, the staff members for who they are
responsible. There is an expectation that supervisors or Academic Reviewers will provide staff members
with regular feedback on performance informally, and, formally at designated parts of the process. It is
expected that supervisors or Academic Reviewers will manage performance matters promptly and fairly,
ensuring that staff members are provided with the opportunity to respond to performance matters
throughout the process.
58.10 All staff members who assume supervisory or academic reviewing responsibilities will have adequate
skills to undertake the career success process and have access to appropriate training in leading the
Annual Performance Cycle.
58.11 When a staff member is serving a probation period, a supervisor or Academic Reviewer may utilise the
Annual Performance Cycle as a methodology for establishing performance levels, but the goals must be
consistent with the relevant probation criteria. Any problems associated with the performance of a staff
member during a probation period will be addressed using the probation procedures.
58.12 Participation in the Annual Performance Cycle and satisfactory performance will be a prerequisite for
incremental progression for those staff members that are not already at the top of the salary increment
range. If a staff member is assessed within the Annual Performance Cycle as not performing to a
satisfactory standard, then payment of an increment may be withheld or postponed, provided that an
increment may not be withheld if lack of participation in the scheme is due to an act or omission of a
supervisor.
58.13 For an increment to be withheld at the end of the review cycle a staff member must have been given an
early indication that the agreed performance goals were not being met and advised that, should there
not be sufcient improvement, an increment may be withheld at the end of a review cycle. Should a staff
member address the concerns within a reasonable timeframe the increment will be paid and backdated
to the increment due date. A staff member can only have an increment withheld where they have been
provided with reasonable time to address the concern/s and have failed to do so.
58.14 A disagreement arising between a staff member a supervisor regarding the awarding of an increment
will be referred to the senior leader. If the disagreement is not resolved, clause 63 (Workplace Issue
Resolution Procedure) will rst be applied, and then clause 62 (Dispute Resolution Procedures).
59. Outside Studies Program
59.1 Academic staff are eligible to apply for Outside Study Program (OSP) in accordance with University
Policies and Procedures.
59.2 The University will recognise prior, continuous, paid full-time and part-time (50% fraction or more)
service with other Australian Higher Education Institutions as qualifying service when considering
applications for OSP. The period of service will not be recognised if the break in service from when the
staff member ceased employment with the other Australian higher education institution and commenced
employment with the University is more than two (2) months.
59.3 For the purposes of subclause 59.2, service is considered continuous if there is a break of no more than
three (3) months between periods of non-casual service.
59.4 If a staff member has previously undertaken an OSP (or similar, however named), that period will be taken
into account when the University is considering the application.
59.5 A staff member will be entitled to be paid in advance for periods of OSP leave, provided that:
(a) the period of payment for approved leave in advance must be a minimum of two (2) weeks and a
maximum of twelve (12) weeks; and
(b) the staff member must request the payment at least four (4) weeks prior to taking the relevant period
of OSP.
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60. Academic Promotion
60.1 The University will maintain and implement a policy on academic promotion which ensures that:
(a) Academic staff have regular opportunities to apply for promotion;
(b) Promotion is based on academic merit measured across the full range of academic work, including
teaching and learning, research and scholarship, administration and service, as appropriate to the
nature of the applicant’s current appointment and the MSAL for the level to which promotion is being
sought;
(c) Processes to consider and determine applications for promotion incorporate peer assessment of
academic merit.
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Enterprise Agreement 2023
PART I
COMMUNICATION
AND CONSULTATION
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La Trobe UniversityPart I
61. Managing Change
61.1 In this clause 61, “relevant staff” means staff who may be affected by the change.
Major change
61.2 Major change means changes in program, production, organisation, structure or technology that are likely
to have a signicant impact on staff members.
61.3 In this clause, signicant impact includes:
(a) terminating the employment of staff members as a result of redundancy;
(b) major change to the composition, operation or size of the University’s workforce or to the skills
required of staff;
(c) eliminating or removing job opportunities or promotion opportunities;
(d) the alteration of hours of work;
(e) the need to retrain staff;
(f) the requirement to transfer staff to another work location;
(g) the restructuring of jobs; or
(h) the outsourcing of functions.
61.4 The relevant staff may appoint a Representative for the purposes of the procedures in this clause.
61.5 In circumstances of nancial exigency, prior to proceeding with a proposal for major change that would
result in a signicant reduction in stafng numbers across the University, the University will consider
implementing cost saving measures such as:
(a) Reducing headcount through natural attrition;
(b) Inviting expressions of interest in a voluntary redundancy program;
(c) Offering voluntary early retirement schemes;
(d) Providing opportunities for staff to reduce their time-fraction or purchase leave; or
(e) Filling vacancies through redeployment, staff transfers or secondments.
61.6 Where the University has developed a formal proposal to introduce major change, the University will
consult with relevant staff members and the NTEU prior to nalising a decision to proceed with major
change.
61.7 The University will consult with relevant staff and the NTEU about:
(a) The introduction of the proposed change;
(b) The effect the proposed change is likely to have on staff; and
(c) Measures the University is taking to avoid or reduce the adverse effect of the proposed change on
staff.
61.8 The relevant staff and the NTEU will be provided with:
(a) Relevant material and documentation to inform them of the purpose and substance of the change;
(b) Organisational charts detailing the proposed change, where applicable;
(c) Details of the likely impacts on staff members; and
(d) An outline of the likely timeframe for change and implementation arrangements.
61.9 However, the University is not required to disclose condential or commercially sensitive information to
the relevant staff or their Representatives.
61.10 The University will allow a reasonable time for consultation, provided that consultation will occur for a
minimum of two (2) weeks unless agreed by the NTEU.
61.11 The University will give prompt and genuine consideration to feedback received and any suggestions to
avoid or reduce the adverse effect of the proposed change that are raised by the relevant staff and the
NTEU during consultation.
61.12 As early as practicable after reaching a nal decision to make changes, the University will conrm its
nal decision in writing to the relevant staff and the NTEU, including responding to any written feedback
received during the consultation period.
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61.13 To the extent that the nal decision is materially different to the original proposal and the differences have
adverse effects on staff, the University will consult with the relevant staff and NTEU in relation to the
differences and give prompt consideration and respond to feedback raised in such consultations.
61.14 As part of the implementation of major change, the University will:
(a) where possible, redeploy staff who no longer have a position as a result of the nal decision to change
into suitable vacant positions; and
(b) monitor and discuss with affected staff members the impact on workloads in the relevant area(s)
61.15 For the avoidance of doubt, the redeployment process does not preclude reasonable interview or
assessment to determine whether the position is a suitable vacant position or, a competitive merit
based selection process where there are multiple staff seeking transfer or redeployment.
61.16 Where a staff member rejects a reasonable offer of redeployment, the Termination Process for Rejection
of a Reasonable Offer of Redeployment as set out in subclause 66.15 of this Agreement will apply.
61.17 When reasonable attempts to avoid redundancy have been unsuccessful, the University may use the
Redundancy Procedures set out in clause 66 of this Agreement.
Change to regular roster or ordinary hours of work
61.18 The relevant staff may appoint a Representative for the purposes of the procedures in this clause.
61.19 Where the University proposes to make changes to the staff members’ regular roster or ordinary hours of
work, the University will consult with relevant staff prior to nalising a decision to proceed with change.
61.20 As soon as practicable after proposing to introduce the change, the University will:
(a) discuss with the relevant staff the introduction of the change; and
(b) for the purposes of the discussion provide to the relevant staff:
(i) all relevant information about the change, including the nature of the change;
(ii) information about what the University reasonably believes will be the effects of the change on
the staff members;
(iii) information about any other matters that the University reasonably believes are likely to affect
the staff members; and
(c) invite the relevant staff members to give their views about the impact of the change (including any
impact in relation to their family or caring responsibilities).
61.21 However, the University is not required to disclose condential or commercially sensitive information to
the relevant staff members.
61.22 The University will give prompt and genuine consideration to matters raised about the change by the
relevant staff members.
62. Dispute Resolution Procedures
62.1 The following process will apply for preventing and settling disputes between the Parties about:
(a) matters arising under this Agreement; or
(b) matters arising under the National Employment Standards; or
(c) whether the University had reasonable business grounds to refuse:
(i) a request for exible work arrangements; or
(ii) a request to extend unpaid parental leave for a further period of up to 12 months.
62.2 A staff member may be represented in these procedures by the NTEU or by another Representative.
62.3 Where the NTEU or a staff member wishes to initiate a dispute, they will notify the Executive Director,
Human Resources in writing. Where the University wishes to initiate a dispute, they will notify the NTEU
or staff member in writing. The notice referred to in this subclause 62.3 should specify the matter(s) in
dispute, why it is disputed and any options for resolution.
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62.4 The parties to the dispute will endeavour to resolve the matter within ten (10) working days. Any resolution
will be in the form of a written agreement between the parties to the dispute.
62.5 Until the procedures described in subclause 62.4 have been exhausted:
(a) work will continue in the normal manner;
(b) no industrial action will be taken by any party to the dispute;
(c) the University will not change the work, stafng or the organisation of the work if this is the subject of
dispute;
(d) the parties to the dispute will not take any action likely to exacerbate the dispute; and
(e) the subject matter of the dispute will not be taken to the FWC.
62.6 If the dispute remains unresolved following the steps set out in subclauses 62.3 to 62.5, the matter may
be referred to the FWC by any party to the dispute for conciliation and/or arbitration.
62.7 In circumstances where the FWC determines that it does not have jurisdiction to arbitrate a dispute, the
relevant parties to the dispute may allow the FWC to conciliate the dispute.
62.8 Where the FWC arbitrates the dispute, the decision of the FWC will be binding and implemented by the
parties to the dispute, subject to the right of appeal.
62.9 If within 40 working days no action is taken by either party to:
(a) refer the dispute to the FWC; or
(b) notify the other party in writing that the dispute has not been resolved (and the dispute is then
referred to the FWC within a further 40 working days),
the dispute will be deemed to be automatically concluded unless the parties to the dispute otherwise
agree. This does not prevent renotication of the same or similar dispute.
63. Workplace Issue Resolution Procedure
63.1 In this clause, Workplace Issue is dened as an employment related problem which adversely affects the
work and/or work environment which a staff member or a group of staff members believes to be unfair,
inequitable, discriminatory and/or creates an unsafe work environment.
63.2 Workplace Issues lodged by a group will include the names of all parties to the Workplace Issue, to enable
the University to manage the Workplace Issues and respond effectively to individuals involved. Individuals
may be asked to provide the University with further information in relation to their concerns and the
outcome they are seeking so that the nature of their claims are understood and can be assessed and
addressed appropriately.
63.3 A Workplace Issue must be formalised in writing for the purpose of these procedures.
63.4 Staff may be assisted by a Representative at any stage in the Workplace Issue Resolution process,
including the lodgement of a formal complaint. The Representative must not present a Conict of
Interest.
63.5 Supervisors and staff may seek advice and assistance from a staff member from Human Resources at
any stage of the Workplace Issue Resolution process.
63.6 The Workplace Issue Resolution Procedure outlined in this clause does not apply to matters where the
Agreement, University policy, procedures or guidelines already provide a process to deal with the matter,
complaint or dispute, including but not limited to:
(a) Probation and conrmation of continuing employment;
(b) Termination of contracts;
(c) Position classication and review; or
(d) Performance management or disciplinary processes.
63.7 The Workplace Issue Resolution Procedure outlined in this clause does not apply to the following matters:
(a) Interpretation of this Agreement;
(b) Matters that are, or have been, subject to a workers compensation application;
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(c) Matters that are, or have been, the subject of complaint and investigation by an external authority;
(d) Complaints or disputes that are, or have been, the subject of a review process;
(e) Matters for which a separate University review, appeal or complaint procedure exists; or
(f) Matters related to appointments and/or decisions of the University Council.
63.8 The University and all parties to the Workplace Issue (whether formalised or at the informal stage) will:
(a) Treat all matters seriously;
(b) Act promptly;
(c) Prevent victimisation of any party to the Workplace Issue;
(d) Maintain condentiality;
(e) Participate in good faith in the process of Workplace Issue Resolution including but not limited to:
(i) information gathering (including provision of further information);
(ii) facilitated discussions or mediation between parties;
(iii) formal investigations.
63.9 In addition, the University will:
(a) Support all parties to the matter/s;
(b) Maintain neutrality;
(c) Provide appropriate communication of process;
(d) Maintain appropriate documentation; and
(e) Accord natural justice.
63.10 These procedures do not take away the right of a staff member or a party to seek resolution of a matter
under clause 62 (Dispute Resolution Procedures) or before an external tribunal or court. These procedures
cannot be activated if a matter has been raised under clause 62 (Dispute Resolution Procedures) or is
before a court or tribunal.
63.11 The Executive Director, Human Resources, or delegate may dismiss a complaint if:
(a) it is vexatious, frivolous, malicious, misguided or for an improper purpose;
(b) the matter has already been resolved;
(c) the matter occurred more than 12 months ago;
(d) the Workplace Issue is not directly relevant to rights and obligations in the employment relationship;
(e) the matter (or a similar circumstance matter) has been raised under clause 62 (Dispute Resolution
Procedures);
(f) a party to the complaint is not employed or is no longer employed by the University; or
(g) a decision is pending under other Tribunals, Courts or administrative procedures external to the
University.
Workplace Issue Resolution process
63.12 In the rst instance, staff are encouraged to resolve Workplace Issues through informal means at the local
work area and/or self resolution processes prior to following this formal complaint procedure. During this
process:
(a) the staff member’s supervisor or a staff member from Human Resources may support the staff
member in informal means to resolve a matter prior to lodgement of a formal complaint under this
clause;
(b) informal measures to resolve a Workplace Issue may include assisted/ facilitated discussions or
mediation to occur between a staff member who has the concerns and the other party or parties.
63.13 If the Workplace Issue cannot be resolved informally, or is not appropriate to be managed at this level due
to its complexity or serious nature, the staff member or the supervisor may submit a formal complaint
in writing to the Executive Director, Human Resources. The formal complaint will outline the nature of the
staff member’s concerns and the outcomes sought.
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63.14 The complaint handling processes, the need for condentiality, the protection from victimisation and the
responsibility to respond in a timely manner will be explained to all parties who lodge a formal complaint.
They will be advised that in order to assist with a resolution the relevant details of the formal complaint
will be provided to the responding party/s to ensure that there is natural justice.
63.15 Human Resources will undertake to facilitate a process to enable the parties to reach an appropriate
outcome. This may include, but is not limited to:
(a) relevant information gathering;
(b) arranging for facilitated discussions, conciliation or mediation;
(c) implementation of workplace practices (including practices required during the formal complaint
process and beyond).
63.16 If, following the process above, Human Resources advises the staff member that it considers the formal
complaint is not resolved, the staff member may, within ve (5) working days of that advice, request
that the Executive Director, Human Resources refer the formal complaint to an impartial investigator
appropriate to the particular matter. For clarity, the reference to an impartial investigator could be an
internal or external investigator.
63.17 The Executive Director, Human Resources will consider that request and reasonably determine whether it
is appropriate to refer the formal complaint to an investigator. Such a referral will only occur where:
(a) The staff member who has lodged the formal complaint has acted throughout the process in
accordance with the requirements under subclause 63.8;
(b) The Executive Director, Human Resources is of the view that an investigation will allow for a resolution
that is not available through an alternative process in this clause; or
(c) The Executive Director, Human Resources is of the view that the particulars of the formal complaint, if
proven, would constitute a breach of University policy or procedure or legislative requirements.
63.18 Where referred to an investigator, the investigator will:
(a) investigate the formal complaint as expeditiously as possible;
(b) conduct the investigation fairly and impartially; and
(c) have access to all relevant documents and material.
63.19 The investigator will provide a condential report on their ndings and any recommendations to resolve
the formal complaint to the Executive Director, Human Resources. The report will be provided within three
(3) weeks of receipt of the formal complaint by the investigator unless delayed on reasonable grounds, in
which case the report will be provided as soon as is practicable.
63.20 The staff member will be kept informed of progress of the matter.
63.21 The Executive Director, Human Resources, will consider the report’s ndings and any recommendations
before determining whether to accept the report, either wholly or partly.
63.22 A condential summary of the investigation ndings and the Executive Director, Human Resources’
decision regarding any action(s) will be communicated to the staff member(s) and other relevant parties
to the formal complaint in writing.
63.23 A formal complaint will be considered to be resolved if:
(a) it is withdrawn in writing by the staff member at any stage in this process; or
(b) a resolution is reached, including in accordance with subclauses 63.12 or 63.15; or
(c) it is dismissed by the Executive Director, Human Resources, in accordance with subclause 63.11; or
(d) it is not progressed within a reasonable timeframe determined by the Executive Director, Human
Resources and there is no reasonable explanation for the delay; or
(e) the Executive Director, Human Resources, has made a determination under subclause 63.17 or 63.21.
63.24 If the formal complaint is resolved, an appropriate written record of the resolution may be made and
provided to the staff member and other relevant parties and retained by Human Resources.
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PART J
TERMINATION
AND DISCIPLINE
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64. Resignation
64.1 An academic staff member may resign at any time by giving notice as specied in their letter of
appointment, or where a notice period is not specied in their letter or appointment, then the notice
period will be three (3) months. A Dean/Divisional Manager may agree an alternative notice period with
the staff member.
64.2 A professional staff member may resign at any time by giving notice as specied in their letter of
appointment, or where a notice period is not specied in their letter of appointment, then the notice
period will be four (4) weeks. A Dean/Divisional Manager may agree an alternative notice period with the
staff member.
65. Termination of Employment at the Initiative of the University
65.1 All actions and decisions to discipline or terminate the employment of a staff member must be in
accordance with this Agreement.
65.2 Nothing in this Agreement will be construed as excluding the jurisdiction of any external court or tribunal
which is competent to deal with the matter under State or Commonwealth Law.
65.3 This clause does not preclude termination in circumstances of abandonment of employment or
frustration of the employment contract.
66. Redundancy Procedures
66.1 This clause does not detract from the obligations of the University to consult pursuant to clause 61
(Managing Change) of this Agreement.
66.2 Staff members may be assisted by a Representative at any stage throughout the procedures in this
clause.
Grounds for Redundancy
66.3 A redundancy occurs where the University has decided to terminate the employment of one or more
continuing staff members for reasons of an economic, technological, structural or similar nature, including:
(a) a decrease in student load in any course or subject;
(b) a decision to cease offering or to change the academic content of any course, subject or unit, or to
cease support of research activity;
(c) where the position is no longer required as a result of changed work methods, reorganisation, nancial
exigency, or the application of technology; and/or
(d) where the duties of the position are changed to an extent that the incumbent is no longer competent
to perform those duties.
Notice of Redundancy
66.4 Where the University has decided that a continuing staff member’s employment will be terminated as
a result of redundancy, the University will formally notify the affected staff member in writing of their
decision in a Notice of Redundancy. The advice will contain notice of the date on which the employment
will end, unless the staff member is redeployed, and in circumstances where the redundancy is not as a
result of clause 61 (Managing Change), the notice will also state the particular ground/s for the redundancy
as dened in subclause 66.3. The University must provide at least eight (8) weeks’ notice of the date of
termination of employment and advise the staff member of their options under subclause 66.6.
66.5 Where the University is required to provide a notication pursuant to section 530 of the FW Act, a copy
will also be provided to the NTEU together with a copy of the template letter sent to affected staff.
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66.6 Within one (1) week of receiving the notice of redundancy, the staff member must:
(a) Elect in writing to accept redundancy and depart early, and receive payment in lieu of the remainder
of the eight (8) week period of notice in addition to a redundancy payment under subclause 66.7;
(b) Elect in writing to accept redundancy and work through the remainder of the eight (8) week period of
notice in addition to receiving a redundancy payment under subclause 66.7; or
(c) Elect in writing to seek formal redeployment and work through the remainder of the eight (8) week
period of notice.
Redundancy Payment
66.7 A redundancy payment under this clause will be calculated as follows:
Entitlement
Maximum entitlement in
number of weeks
Redundancy pay of 22 weeks’ salary; 22 weeks
Plus service-based Redundancy pay of 3 weeks’ salary per
completed year of service
54 weeks
In addition, the staff member will also receive payment in lieu of untaken accrued recreation leave and
long service leave, including where they have less than seven (7) years’ service.
Redeployment Process
66.8 Where a staff member elects under subclause 66.6 to seek redeployment, the staff member will work
through their eight (8) week notice period and participate in the University’s Redeployment process. The
University will make reasonable efforts during the redeployment process to redeploy the staff member
and avoid redundancy. If during the notice period the staff member changes their mind about seeking
redeployment, they may request in writing to depart early and receive payment in lieu of the remainder
of the eight (8) week period of notice in addition to a redundancy payment under subclause 66.7. The
University will not unreasonably deny such a request.
66.9 Where the staff member has insufcient duties to undertake during this period and the University
is unable to identify suitable alternative duties for the staff member, the staff member may, at the
University’s discretion, be placed on paid leave for the remainder of the notice period.
66.10 During the Redeployment Process the University will (taking into account the relevant skills and
experience of the staff member):
(a) discuss reasonable retraining options;
(b) offer counselling (which may also include nancial advice and career transition support) with up to
one (1) day per week (pro-rata for part-time staff) of time off work to attend counselling or for the
purpose of seeking other employment; and
(c) review vacancies within the University and offer the staff member a suitable vacant position where
such a position exists.
66.11 If at the expiry of the notice period an offer of redeployment to a suitable vacant position has not been
made, the University may terminate the staff member’s employment as a result of redundancy in which
case a redundancy payment calculated in accordance with subclause 66.7 will apply.
66.12 At a staff member’s initiation and request, the University may agree to redeploy the staff member to a
position at a lower classication level than their redundant position. If in such cases, the staff member
does not agree to proceed with the redeployment, it will not be considered as a rejection of a reasonable
offer of redeployment.
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66.13 In such cases, where a staff member accepts redeployment to a lower classication level under
subclause 66.13, the staff member will receive salary maintenance (including, where possible, in respect of
entitlements accrued under this Agreement) in accordance with the table below.
Less than 12 months’ service in role prior to redeployment: 6 months’ salary maintenance
At least 12 months’ service in role prior to redeployment: 12 months’ salary maintenance
66.14 Following the period in subclause 66.13, the staff member will be paid at the highest incremental point
within the classication level of the new position.
Termination Process for Rejection of a Reasonable Offer of Redeployment
66.15 Where the University makes a staff member an offer of redeployment to a suitable vacant position as
part of the implementation of a Major Change process under clause 61 or a Redeployment process under
subclause 66.10, and the staff member rejects the offer, the University may terminate the staff member’s
employment on the basis of a rejection of a reasonable offer of redeployment.
66.16 In circumstances where a staff member’s employment is terminated on the basis of a rejection of a
reasonable offer of redeployment, the University will give the staff member the notice that they are
entitled to under the FW Act, their accrued leave entitlements, and a severance payment in accordance
with the following table:
Period of continuous service Severance pay
Up to the completion of 2 years 4 weeks’ pay
2 years and less than 3 years 6 weeks’ pay
3 years and less than 4 years 7 weeks’ pay
4 years and less than 5 years 8 weeks’ pay
5 years and less than 6 years 10 weeks’ pay
6 years and less than 7 years 11 weeks’ pay
7 years and less than 8 years 13 weeks’ pay
8 years and less than 9 years 14 weeks’ pay
9 years and less than 10 years 16 weeks’ pay
At least 10 years 18 weeks’ pay
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66.17 The University may, at its absolute discretion, choose to make a payment in lieu of notice provided under
subclause 66.16 above.
Calculation of Payments
66.18 The calculation of all redundancy or severance payments will be based on the staff member’s
“substantive salary” as at the date of cessation of employment.
66.19 For the purpose of this clause, “substantive salary” means the salary (including ongoing paid allowances
and loadings) for the staff member’s continuing position at the University that has been declared
redundant. Substantive salary excludes payments awarded for the temporary or xed-term performance
of additional responsibilities (including, but not limited to, higher duties, coordination responsibilities,
secondments or other positions of responsibility of less than three (3) years) for which there is no ongoing
entitlement.
66.20 If, at the time of receiving notice pursuant to subclause 66.4, a staff member is working on a:
(a) temporary reduced time-fraction (up to a maximum of two (2) years) by reason of return to work
after parental leave, illness or injury; or
(b) temporary increased-time fraction (up to a maximum of twelve (12) months); then
all payments under this clause will be calculated on the basis of the staff member’s normal time-fraction
of employment worked prior to the temporary change in time-fraction.
67. Misconduct and Serious Misconduct
67.1 Procedures covered by this clause:
(a) The University will apply the following procedures where allegations of misconduct or serious
misconduct are made against a staff member.
(b) A staff member may be assisted by a Representative at any stage throughout these procedures.
(c) Procedural fairness and natural justice must be applied to all processes carried out under this clause.
67.2 For the purpose of interpreting this clause:
(a) “disciplinary action” means formal censure or counselling in conjunction with a written warning;
withholding of an increment; demotion by one or more classications or increments; suspension with
or without pay; transfer to another position with pay appropriate to that position; physical relocation
at the staff member’s campus location having regard to the nature of the misconduct or serious
misconduct; suspension of access to certain University locations or equipment; and termination of
employment.
(b) “termination of employment” means termination of employment at the initiative of the University.
(c) “serious misconduct” means:
(i) serious misbehaviour of a kind that constitutes a serious impediment to the staff member, or the
staff member’s colleagues, carrying out their duties, or to students completing part or all of their
course of studies, including but not limited to:
A. breaches of the University’s Code of Conduct;
B. serious or repeated bullying, abuse or sexual harassment of another staff member, student
or member of the public in connection with work; or
C. causing a serious risk to the safety of staff, students or visitors to the University;
(ii) serious dereliction of the duties required of the staff member in their position;
(iii) conviction by a court for an offence that constitutes a serious impediment of the kind referred
to in this subclause (c);
(iv) theft or fraud;
(v) wilful refusal to carry out lawful and reasonable instruction that is consistent with the staff
member’s contract of employment;
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(vi) a serious Breach of the Research Code (see clause 68); and/or
(vii) persistent misconduct or wilful and repeated incidents of misconduct.
(d) “misconduct” means conduct that is not serious misconduct but is nevertheless unsatisfactory, and
also includes a Research Code Breach.
67.3 Where a matter arises that includes conduct that could be the subject of allegations of misconduct and/
or serious misconduct, the University may decide whether it is appropriate for the matter to be:
(a) discussed between the staff member and their supervisor to determine whether it can be addressed
through guidance, counselling or other appropriate action in the rst instance; or
(b) the subject of formal allegations in accordance with subclause 67.4.
67.4 Where any initial discussion does not resolve the matter or the University considers informal discussion
is inappropriate due to the serious nature of the allegation(s) of misconduct or serious misconduct, the
staff member will be:
(a) advised in writing of the alleged misconduct or serious misconduct, including details of the
allegations and whether they are considered to be serious misconduct; and
(b) given not less than ten (10) working days to make written submissions, in relation to the allegations.
67.5 If at any stage during the procedures under this clause, the University nds that the details of the
allegation(s) should be amended or new details added, the staff member must be advised of this in
writing and be given a further reasonable opportunity to make written submissions prior to any further
steps being taken by the University.
67.6 Where an allegation of serious misconduct has been made against a staff member, the Executive Director,
Human Resources, may, at any stage during the procedures under this clause, suspend the staff member,
either with or without pay, until the conclusion of the matter provided that:
(a) with the approval of the Executive Director, Human Resources, the staff member may draw on any
accrued entitlement to recreation leave or long service leave for the duration of the suspension
without pay;
(b) the Executive Director, Human Resources, may at any time direct that salary be paid, in part or in full,
on the grounds of hardship for the period of the suspension or a part period;
(c) the Executive Director, Human Resources, may at any time reconsider the issue of the suspension of
the staff member.
(d) While suspended, the staff member will be excluded from the University or any identied parts of
the University, but will be permitted reasonable access to the University to prepare their case and to
collect personal property.
67.7 The Executive Director, Human Resources, will consider the allegation(s) and the staff member’s response.
67.8 The Executive Director, Human Resources, may seek additional information prior to making their decision if
it is considered necessary.
67.9 The Executive Director, Human Resources, may determine that allegation(s) of serious misconduct amount
only to misconduct.
67.10 The Executive Director, Human Resources, will advise the staff member in writing of their decision as
to whether there was misconduct and/or serious misconduct. If there was misconduct and/or serious
misconduct, the Executive Director, Human Resources, will notify the staff member of their decision, any
disciplinary action and of the operative date of that disciplinary action. In determining the severity of any
disciplinary action following a nding of misconduct, the Executive Director, Human Resources will take
into consideration whether the staff member has admitted to the allegation(s), demonstrated contrition
and attempted where possible to rectify any wrongdoing.
67.11 Disciplinary action may include potential termination of employment only where:
(a) the staff member has engaged in serious misconduct; and/or
(b) the staff member has previously received a formal written warning for misconduct (following formal
disciplinary provisions in this Agreement or previous collective agreements) and is then found under
this clause to have engaged in further misconduct contrary to the earlier written warning(s).
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67.12 If the staff member’s employment is terminated for serious misconduct, the termination may be without
notice (or payment in lieu). If the Executive Director, Human Resource’s decision is to terminate for
serious misconduct without notice, that decision will take effect at the end of ten (10) working days after
notication under subclause 67.10, or if the staff member seeks a review in accordance with clause 70 and
the original decision is conrmed, will take effect at that time.
67.13 If the Executive Director, Human Resources, determines that no disciplinary action will be taken and the
staff member has been suspended in accordance with this clause, the staff member will be reinstated at
no loss of salary or conditions.
67.14 Except where the staff member seeks a review in accordance with clause 70 of a decision to terminate
or demote, the Executive Director, Human Resource’s decision under this clause is nal, subject to the
jurisdiction of any court or tribunal which, but for this clause, would have jurisdiction to deal with the
matter.
68. Breaches of the Research Code
68.1 The University and academic staff have specic responsibilities under the Australian Code for the
Responsible Conduct of Research (Research Code). Nothing in this clause requires the University to act in
a manner that would breach the Research Code as in force and as varied or replaced from time to time.
68.2 For the purposes of this clause, a “Research Code Breach” is conduct that breaches the Research Code.
The guide to the Research Code sets out examples of behaviour that may constitute a breach of the
Research Code.
68.3 A “Serious Research Code Breach” refers to more serious or deliberate conduct that involves:
(a) intent or deliberation, recklessness or gross and persistent negligence; and/or
(b) serious consequences, such as false information on the public record, or adverse effects on research
participants, animals or the environment.
Serious Research Code Breach includes fabrication, falsication, plagiarism or deception in proposing,
carrying out or reporting the results of research, and failure to declare or manage a serious conict
of interest. It includes avoidable failure to follow research proposals as approved by a research ethics
committee, particularly where this failure may result in unreasonable risk or harm to humans, animals or
the environment. It also includes the wilful concealment or facilitation of research misconduct by others.
68.4 Repeated or continuing instances of Research Code Breaches may also constitute a Serious Research
Code Breach, and do so where these have been the subject of previous counselling or specic direction.
A Serious Research Code Breach does not include honest differences in judgment in management of the
research project, and may not include honest errors that are minor or unintentional.
68.5 Where a complaint is received that involves issues relating to potential breach of the Research Code, the
Senior Deputy Vice-Chancellor (Research and Industry Engagement) will initially deal with the matter.
68.6 Where the Senior Deputy Vice-Chancellor (Research and Industry Engagement) has had regard to any
relevant procedures, and determines that an allegation of Research Code Breach, but no allegation of
Serious Research Code Breach, arises, then action will be taken under clause 67 or 69 in respect of
misconduct and/or unsatisfactory performance.
68.7 Where the Senior Deputy Vice-Chancellor (Research and Industry Engagement) has had regard to any
relevant procedures, and determines that one or more allegations of Serious Research Code Breach
arise(s), then the procedures in clause 67 will be applied as follows:
(a) all references to serious misconduct include a Serious Research Code Breach;
(b) the staff member will be advised in writing of the alleged breach or breaches, including details of the
allegations and that they are considered to be a Serious Research Code Breach;
(c) the staff member will be given a reasonable opportunity to be heard and/or to make written
submissions, within ten (10) working days, in relation to the allegations;
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(d) the staff member may be suspended with or without pay;
(e) the Vice-Chancellor will consider the allegation(s) and the staff member’s response;
(f) if the Vice-Chancellor:
(i) is satised with the staff member’s response, the Vice-Chancellor will inform the staff member
and the matter will be concluded or otherwise the staff member will be advised of any issues
that need to be addressed; or
(ii) remains unsatised with the staff member’s response to the allegation(s), if an allegation
of Serious Research Code Breach is to be pursued, the Vice-Chancellor will ensure that an
investigation by an investigation panel (Panel), subject to this Agreement, that meets the
requirements of the Code is conducted prior to a decision of the Vice-Chancellor (see
subclause 68.8 below for detail regarding the composition and conduct of the Panel); and
(iii) subject to subclause 68.7(f)(ii), the person(s) conducting the Panel will determine the procedure
to apply to the investigation;
(g) the Panel will provide a report to the Vice-Chancellor setting out its ndings of fact in relation to the
allegations;
(h) the Vice-Chancellor may seek additional information prior to making their decision if necessary;
(i) the Vice-Chancellor will consider the report and advise the staff member in writing of their decision
as to whether there was a Research Code Breach and/or Serious Research Code Breach, including the
reasons relied on, and the operative date of any disciplinary action;
(j) the Vice-Chancellor may determine that allegation(s) of Serious Research Code Breach amount only
to a Research Code Breach;
(k) the staff member’s employment may be terminated if they have been found under these provisions
to have engaged in a Serious Research Code Breach;
(l) if the Vice-Chancellor determines that no disciplinary action will be taken and the staff member has
been suspended, the staff member will be reinstated at no loss of Salary or conditions;
(m) the Vice-Chancellor’s decision is nal, subject to the jurisdiction of any court or tribunal which, but
for this clause, would have jurisdiction to determine the matter. To avoid doubt, a staff member is not
entitled to seek review under clause 70 where their employment has been terminated in accordance
with subclause 68.7(k).
68.8 In relation to a Panel under subclause 68.7(f)(ii), the Vice-Chancellor will confer with the La Trobe
University NTEU Branch President to ensure:
(a) that the chair of the Panel is experienced in the conduct of tribunals of fact; and
(b) the Panel includes:
(i) at least one (1) member with sufcient expertise and standing in a discipline relevant to the
allegation of Research Code Breach and/or Serious Research Code Breach such that that
member will be capable of understanding and assisting the other members of the Panel to
understand any technical, research or scientic questions which may be in dispute, but who will
be seen as clearly independent of any other participants (the Parties recognise that this may
require that a nominee who may ordinarily be required to be a staff member of the University
may in the circumstances not be a staff member); and
(ii) at least one staff member with expertise in investigating research misconduct issues, either
through their academic study or through the administration of research. The Parties agree that
this may require a nominee who is not a University staff member.
68.9 Notwithstanding these procedures, where the Vice-Chancellor considers that the allegations of a
Serious Research Code Breach may involve action in concert between staff of more than one employer,
the relevant Chief Executive Ofcers (or equivalents) of the employers may agree in writing that a joint
investigation be held. The procedures for such joint investigations will be agreed in writing between the
relevant CEOs and with the University NTEU Branch President, provided that the NTEU will not withhold
its agreement unnecessarily. Where this occurs, those agreed procedures will apply in substitution for the
procedures otherwise set out in this Agreement.
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69. Unsatisfactory Performance
69.1 Procedures covered by this clause:
(a) The University will apply the following procedures where the University considers the performance
of a staff member to be unsatisfactory.
(b) A staff member may be assisted by a Representative at any stage throughout these procedures.
(c) Procedural fairness and natural justice must be applied to all processes carried out under this clause.
69.2 For the purpose of interpreting this clause:
(a) “disciplinary action” means formal censure or counselling in conjunction with a written warning;
withholding of an increment; demotion by one or more classications or increments; suspension with
or without pay; transfer to another position with pay appropriate to that position; and termination of
employment.
(b) “termination of employment” means termination of employment at the initiative of the University.
(c) “unsatisfactory performance” means a persistent and serious failure of a staff member to perform the
work of the position or appointment at a level which would be reasonably required having regard to:
(i) the nature and purpose of the position; and
(ii) its classication and duties.
69.3 Before taking other measures set out in this clause, supervisors will make reasonable efforts to informally
resolve instances or aspects of a staff member’s performance which are viewed as unsatisfactory.
This includes, but is not limited to, the provision of guidance, support, counselling or appropriate staff
development measures.
69.4 Where following steps taken in subclause 69.3, the supervisor remains of the view that the staff member’s
performance is unsatisfactory, the University will:
(a) meet with the staff member to discuss the deciencies in their performance and provide them with
the deciencies in writing;
(b) counsel the staff member about their unsatisfactory performance;
(c) consult with the staff member in the development of a performance improvement plan;
(d) give the staff member clear and reasonable expectations about the required standards of
performance in a performance improvement plan; and
(e) provide the staff member a reasonable period of time to demonstrate performance against those
expectations.
69.5 The performance improvement plan:
(a) must specify the required performance standard (which must be reasonable having regard to the
level and duties of the position);
(b) must specify the nature of the improvement required and provide reasonable time within which
reasonable improvement is expected;
(c) where necessary, will include a requirement to undertake professional development training to assist
in performance improvement; and
(d) may include the provision of guidance and support.
69.6 Where the above process has not led to improvement in performance to the required standard,
disciplinary action may be taken against the staff member. If disciplinary action is to be taken, the staff
member will be advised in writing of the unsatisfactory performance, including details of any relevant facts
and documentation.
69.7 The staff member will be given not less than ten (10) working days to make a written submission in relation
to the unsatisfactory performance.
69.8 The staff member’s response including any relevant evidence will be considered by the senior leader,
in conjunction with the Human Resources Division, and a report will be made to the Executive Director,
Human Resources which details the unsatisfactory performance and staff member’s response. A copy of
the report will also be provided to the staff member.
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69.9 The Executive Director, Human Resources, will consider the report and make a decision about what, if any,
disciplinary action should be taken against the staff member. The Executive Director, Human Resources,
may seek additional information if they consider it necessary.
69.10 The staff member will be notied in writing of any decision to take disciplinary action against them,
including the reasons relied on in making the decision.
69.11 Except where the staff member seeks a review in accordance with clause 70 of a decision to terminate
or demote, the decision of the Executive Director, Human Resources, under this clause is nal, subject to
the jurisdiction of any court or tribunal which, but for this clause, would have jurisdiction to deal with the
matter.
70. Review of Decision to Terminate Employment or Demote
Request for review
70.1 If a decision made under clauses 67 (Misconduct and Serious Misconduct), 68 (Breaches of the Research
Code) or 69 (Unsatisfactory Performance) is a decision to terminate the employment of the staff member
or to demote the staff member, a staff member may seek review of the decision only on the following
grounds:
(a) the staff member considers that, overall, there is not sufcient evidence to support a nding of
unsatisfactory performance or misconduct/ serious misconduct; and/or
(b) the staff member considers that there has been a substantial aw in following the procedures
in clauses 67 (Misconduct and Serious Misconduct), 68 (Breaches of the Research Code) or 69
(Unsatisfactory Performance).
70.2 In order to request a review, a staff member must lodge their request in writing to the Executive Director,
Human Resources within ten (10) working days of the staff member receiving notice of the decision to
terminate the employment of the staff member or to demote the staff member, and provide the following
materials at the time the request is lodged:
(a) the basis for requesting the review;
(b) any written submissions supporting the request for the review; and
(c) any documentary evidence that the staff member relies on in respect of (a) and (b).
Independent Reviewers
70.3 Independent Reviewers will have relevant experience, be independent, and command the condence of
management and staff.
70.4 The current pool of agreed Independent Reviewers will be maintained and should at any time consist of
no less than ve (5) persons and no more than 20 persons. At any time, the Executive Director, Human
Resources and President of the NTEU La Trobe Branch (or delegate) can confer with a view to reaching
agreement on whether new names need to be added to or removed from the agreed pool.
70.5 Where agreement cannot be reached on an agreed pool either the University or NTEU may seek the
assistance of the FWC in resolving the issue. The FWC may convene a conference/s, and if agreement
cannot be reached, the University and NTEU agree to comply with any recommendation of the FWC
regarding the composition of the pool.
70.6 The University will choose an Independent Reviewer from the agreed pool as required.
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Independent Review
70.7 If the staff member seeks a review in accordance with this clause, the Executive Director, Human
Resources, will engage an Independent Reviewer within ten (10) working days.
70.8 The University will provide the Independent Reviewer with the documents provided by the staff member
under subclause 70.2 and the University’s written submissions including any supporting materials within
ten (10) working days of the request for review being made.
70.9 The Independent Reviewer will consider the material provided and may seek additional information if the
Independent Reviewer considers that this is necessary.
70.10 The Independent Reviewer will provide their report within ten (10) working days of receiving the material
provided. The Executive Director, Human Resources, will not unreasonably refuse a request from the
Independent Reviewer for an extension of time.
70.11 The Independent Reviewer will report their ndings and recommendations to the staff member and the
Executive Director, Human Resources, outlining:
(a) whether there is, overall, sufcient evidence to support a nding of unsatisfactory performance
(in the case of reviews of decisions under clause 69 (Unsatisfactory Performance) or misconduct/
serious misconduct (in the case of reviews of decisions under clause 67 (Misconduct and Serious
Misconduct) or 68 (Breaches of the Research Code));
(b) whether there has been a substantial aw in following the procedures of clauses 67 (Misconduct and
Serious Misconduct), 68 (Breaches of the Research Code) or 69 (Unsatisfactory Performance); and
(c) make a recommendation (if any) about disciplinary action in light of the matters outlined in
subclauses 70.11(a) and (b).
Further consideration of termination or demotion decision
70.12 The Executive Director, Human Resources (or Vice-Chancellor in matters relating to Breaches of the
Research Code), having considered the Independent Reviewer’s report, may conrm their original decision
or may reconsider the preliminary decision and determine what, if any, disciplinary action should be taken.
They may seek additional information if they consider that this is necessary.
70.13 The Executive Director, Human Resources (or Vice-Chancellor in matters relating to Breaches of the
Research Code), will then advise the senior leader and the staff member in writing of the decision.
70.14 Where the original decision was to terminate the staff member’s employment and this is conrmed, the
notice period (if any) (or payment in lieu) will then apply from the written notication in subclauses 67.10,
68.7 or 69.10.
70.15 The decision of the Executive Director, Human Resources (or Vice-Chancellor in matters relating to
Breaches of the Research Code), will be nal, subject to the jurisdiction of any court or tribunal which, but
for this clause, would have jurisdiction to deal with the matter.
71. Termination on the Grounds of Ill-Health
71.1 The University may give written notice of its intention to terminate the employment of a staff member
on the grounds of ill health, including the period of notice of termination in accordance with the staff
member’s contract of employment (or where no notice is specied, a period of six (6) months’ notice), if:
(a) An independent medical report received under clause 55 (Managing Ill-Health) shows that the staff
member is unlikely to be able to perform the inherent requirements of their position within twelve (12)
months; or
(b) Pursuant to clause 55 (Managing Ill-Health), the staff member refuses or fails to attend the medical
examination without reasonable cause and the University concludes the staff member is unable to
perform the inherent requirements of their position within twelve (12) months.
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71.2 The University will not proceed to nalise the termination of employment if, within two (2) weeks of the
notication, the staff member, or their Representative:
(a) requests a further medical report; or
(b) advises the University of their intention to apply for an ill health retirement or temporary disability
benet with UniSuper.
71.3 Where a staff member or their Representative requests a further report under subclause 71.2(a):
(a) The University will direct the staff member to undergo a further independent medical examination by
a medical practitioner agreed between the University and the NTEU;
(b) The staff member will co-operate in respect of any direction, including any requests made by the
medical practitioner to enable examination and provision of any further medical report;
(c) A refusal or failure to attend the medical examination without reasonable cause:
(i) may constitute a failure to comply with a reasonable and lawful direction, which may result in
disciplinary action in accordance with clause 67 (Misconduct and Serious Misconduct); and
(ii) may result in the University concluding that the medical report made appropriate ndings in
regards to the ability of the staff member to perform the inherent requirements of their position
within twelve (12) months.
71.4 A copy of the further medical report obtained under subclause 71.2 will be made available to the
University and to the staff member.
71.5 If no request is made under subclause 71.2, or if the further medical report conrms that the staff member
remains unlikely to be able to perform the inherent requirements of their position within twelve (12)
months, the termination of employment will proceed and the remaining period of notice (or payment in
lieu) will then apply.
71.6 Where a staff member advises the University of their intention to apply for an ill health retirement or
temporary disability benet with UniSuper under subclause 71.2(b):
(a) The University will not progress the termination of employment pending the outcome of the UniSuper
application;
(b) In the event that the UniSuper application is denied, the termination of employment process will
progress subject to any request for a further medical report the staff member may make under
subclause 71.2;
(c) In the event the UniSuper application is accepted, the termination of employment process will not
progress until the staff member has been absent from work for a period of twelve (12) consecutive
months.
71.7 This clause will not displace or override any existing State or Federal workers’ compensation schemes
contained in any applicable workers’ compensation legislation, or the Disability Discrimination Act 1992
(Cth) or relevant equal opportunity legislation.
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SCHEDULES
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SCHEDULE 1
POSITION CLASSIFICATION
STANDARDS
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Introduction
When determining the classication of a particular position, the relevant training level and task level should both
be considered and should normally be scored within one level of each other. Where different classication levels
are identied, the decision should be reviewed, and if required, the position description revised.
Denitions
Training level describes the type and duration of training which the duties of the classication level typically
require for effective performance and the level at which staff apply the required level of training.
Task level describes the stated level of qualication, training or experience for the job concerned.
Qualications
As set out within the Australian Qualications Framework:
Term Denition
Year 12 Completion of senior secondary certicate of education, usually in Year 12
of secondary school.
TradeCerticate Completion of an apprenticeship, normally of four years’ duration, or
equivalent recognition, e.g. Certicate III.
Post-tradeCerticate A course of study over and above a trade certicate and less than a
Certicate IV.
CerticatesIandII Courses that recognise basic vocational skills and knowledge, without a
Year 12 prerequisite.
CerticateIII A course that provides a range of well-developed skills and is comparable
to a trade certicate.
CerticateIV A course that provides greater breadth and depth of skill and knowledge
and is comparable to a two (2) year part-time post Year 12 or post trade
certicate course.
Diploma A course at a higher education or vocational educational and training
institution, typically equivalent to two (2) years’ full-time post Year 12 study.
Advanced Diploma A course at a higher education or vocational educational and training
institution, typically equivalent to three (3) years’ full-time post Year 12
study.
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Term Denition
Degree A recognised degree from a higher education institution, often completed
in three or four years and sometimes combined with a one year diploma.
Postgraduate Degree A recognised postgraduate degree, over and above a degree as dened
above.
Note: Previously recognised qualications obtained prior to the
implementation of the Australian Qualications Framework continue to
be recognised. The above denitions also include equivalent recognised
overseas qualications.
Judgment and Problem Solving
Judgement is the ability to make sound decisions, recognising the consequences of decisions taken or actions
performed. Problem solving is the process of dening or selecting the appropriate course of action where
alternative courses of action are available.
Level of Supervision and Independence
This dimension covers both the way in which positions are supervised, managed or held accountable, the degree
of independence which applies and the role of the position in supervising or managing other staff, contractors,
students or clients.
Supervision is distinguished, under this dimension, from line management and management. Supervision refers to
providing day to day guidance, assistance and control of staff. It includes on the job training, work allocation and
attendance monitoring. Line management refers to processes of reviewing performance against objectives and/
or job requirements, of contributing to local procedures and job design to achieve section objectives, allocating
resources within agreed levels and categories and participating in the selection and promotion of staff.
Management adds to line management the setting of longer term priorities and objectives, the shaping of
organisational structures and a greater inuence over the size and composition of the resources available.
The following broad types of supervision and management are distinguished:
Term Denition
Close Supervision Clear and detailed instructions are provided. Tasks are covered by standard
procedures. Deviation from procedures on 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.
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Enterprise Agreement 2023 Schedule 1
Term Denition
Procedural
Supervision
Direction is provided on the assignments to be undertaken, with the
occupant determining the appropriate use of established 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/
monitoring of work outcomes on a task rather than a role basis.
General Direction Major job duties are specied in position documentation or equivalent role
statements, supplemented by assignment allocation as relevant. Some
activities are likely to be covered by procedures, but in other cases the job
holder will rely on their theoretical and technical knowledge to interpret
procedures or choose a course of action within organisational policy.
Unusual cases will normally be handled without recourse to more senior
staff and the job holder will exercise some judgement in determining when
advice will be sought. Cases which fall outside policy will be referred to
others.
Performance is checked by reporting to more senior staff and/or client
feedback, rather than by the monitoring of each task outcome.
Broad Direction Direction is provided in terms of objectives which may require the planning
of staff, time and material resources for their completion. Limited guidance
will be available and the review, development or modication of procedures
by the staff member will be required. Advice on changes to policy would be
provided as necessary. Performance will be measured against objectives.
Open Direction Job objectives, performance criteria and in some cases funding are
proposed, developed and, in practical terms, determined by the job holder,
who operates with a very high degree of autonomy.
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 classication
level, the purposes to which that organisational knowledge may be put,
the impact which will result and the communicating, co-ordinating and
inuencing skills which may be required.
114
La Trobe UniversitySchedule 1
PositionClassicationStandards
HEO Level 1 HEO Level 2 HEO Level 3
Training Level or
Qualications
Perform duties which do
not require formal
qualications (as dened)
or work experience
prior to engagement.
Structured on the job
training will be provided to
entrants at this level.
Perform duties at a skill
level which requires:
• knowledge, training or
experience relevant
to the duties to be
performed; or
• Completion of Year
12 without work
experience; or
• Completion of
Certicates I or II
with work related
experience; or
an equivalent
combination of
experience and
training.
Perform duties at a skill
level which requires:
• completion of a
trades certicate or
Certicate III;
• completion of Year
12 or a Certicate II,
with relevant work
experience; or
• an equivalent
combination of
relevant experience
and/or education/
training.
Persons advancing
through this level may
typically perform duties
which require further
on the job training or
knowledge and training
equivalent to progress
toward completion of a
Certicate IV or Diploma.
115
Enterprise Agreement 2023 Schedule 1
HEO Level 1 HEO Level 2 HEO Level 3
Task Level Straightforward manual
duties, or elements of
level 2 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.
Perform repetitive tasks,
covered by instructions
and procedures, which
usually require less than
one month of on the
job training to achieve
competence. Able to
follow clear instructions.
Some knowledge of
materials, e.g. cleaning
chemicals and hand tools,
may be required.
Associated with manual
duties or elements of
Level 2 duties performed
under close supervision
in conjunction with
structured on the job
training.
Perform a range of
straightforward tasks
where procedures are
clearly established. May
on occasion perform more
complex tasks.
Perform a range of
similar tasks governed
by instructions and
procedures. Under
instruction, may
occasionally perform
more complex tasks for
which detailed procedures
or standardised
instructions exist and
where assistance or
advice is readily available.
Task competency,
including knowledge of the
procedures to be followed,
can be acquired through
on the job training and/or
short courses consistent
with Training Level 2.
Tasks may include menu
driven data entry and
clerical processing tasks
based on adherence
to straightforward
procedures.
Some complexity. Apply
body of knowledge
equivalent to trade
certicate, including
diagnostic skills and
assessment of the best
approach to a given task.
Perform a variety of tasks,
or a single task involving
detailed sequential steps,
requiring the practical
application of acquired
skills and knowledge.
Exercise discretion within
established work methods
and procedures to
diagnose problems,
or to choose between
alternate approved work
methods or established
procedures (i.e. select the
most suitable of a number
of possible approaches)
and to determine task
sequences within
established work routines.
Guidance or development
would normally be
provided before new tasks
or situations are handled.
Tasks may involve written
and verbal communication
skills, numerical skills,
organisational skills, data
collection, and the use
of a range of equipment
at a level of complexity
equivalent to the standard
use of word processing
software or to the
application of skills gained
through the acquisition of
a single trade certicate.
116
La Trobe UniversitySchedule 1
HEO Level 1 HEO Level 2 HEO Level 3
Judgement and
Problem Solving
Resolve problems where
alternatives for the job
holder are limited and the
required action is clear or
can be readily referred to
higher levels.
Resolve problems
where the situations
encountered are
repetitive, the alternatives
for the job holder are
limited and readily
learned, and the required
action is clear or can be
readily referred to higher
levels.
Solve relatively simple
problems with reference
to established techniques
and practices. Will
sometimes choose
between a range
of straightforward
alternatives. A staff
member at this level will
be expected to perform
a combination of various
routine tasks where the
daily work routine will
allow the latitude to
rearrange some work
sequences, provided the
prearranged work
priorities are achieved.
Problems encountered
are similar and the
relevant response is
covered by established
procedures/instructions.
The choices to be made
between alternate
actions follow familiar
patterns and assistance
is available when unusual
circumstances are
encountered or when
established responses are
not effective. May exercise
judgement over task
sequencing on a day to
day basis.
Exercise judgement on
work methods and task
sequence within specied
timelines and standard
practices and procedures.
Problems encountered
are similar, but
responses will be based
on learned methods,
precedent, practices
and experience, rather
than comprehensive
procedures covering
most eventualities.
Alternatively, initiative
and interpretation in the
application of procedures
may be required. Where
the opportunity arises,
will make suggestions and
develop local job specic
systems to assist in the
completion of allocated
tasks. Will exercise some
judgement over when
to refer matters or seek
assistance. Assistance,
when required, is available.
117
Enterprise Agreement 2023 Schedule 1
HEO Level 1 HEO Level 2 HEO Level 3
Level of
Supervision and
Independence
Close supervision or,
in the case of more
experienced staff working
alone, routine supervision.
Routine supervision of
straightforward tasks;
close supervision of more
complex tasks.
Routine supervision of
straightforward tasks; may
involve close supervision
of the job’s more complex
tasks. Experienced staff
may assist other staff,
however, no supervisory
responsibilities will be
exercised at this level.
In technical positions,
routine supervision,
moving to general
direction with experience.
In other positions, general
direction. This is the rst
level where supervision
of other staff may be
required.
Procedural supervision
where tasks have clearly
dened objectives,
procedures or standard
work practices are
available and choices
are made between a
range of straightforward
alternatives. Where the
forgoing conditions do not
apply, routine supervision.
This is the rst level where
supervision of other staff
may be required, where
those staff perform a
narrow set of activities,
following set procedures
determined at a higher
level. May assist in the
provision of on the job
training to other staff.
118
La Trobe UniversitySchedule 1
HEO Level 1 HEO Level 2 HEO Level 3
Organisational
Relationships and
Impact
May provide
straightforward
information to others
on building or service
locations.
Tasks are basically self-
contained, with the impact
of established procedures
on other people or work
areas being the concern
of more senior staff. May
provide straightforward
information to others
on building or service
locations. Staff follow
procedures and
demonstrate basic
courtesy in their dealings
with others.
Following training, may
provide general
information/advice and
assistance to members of
the public, students and
other staff which is based
on a broad knowledge
of the staff member’s
work area/responsibility,
including knowledge of the
functions carried out and
the location and
availability of particular
personnel and services.
Relay information
on requirements or
procedures in own work
area where interpretation
or problem solving is
not required, or perform
tasks which may involve
providing a general
directory service to
members of the public,
students and other staff
(e.g. advise on the
location, role and
availability of personnel
and services).
Use courtesy and tact in
dealing with others.
Perform tasks/
assignments which require
knowledge of the work
area processes and an
understanding of how they
interact with other related
areas and processes.
Perform tasks which
require sufcient
knowledge and sensitivity
to take the impact of
actions on other people or
work areas into account
when selecting between
established work methods
and when adjusting work
sequences. May provide
information requiring
some depth of knowledge
in own work area, which
the recipients will use
as an input to their own
work or actions. May
require familiarity with the
interrelationships between
related work areas.
119
Enterprise Agreement 2023 Schedule 1
HEO Level 4 HEO Level 5 HEO Level 6
Training Level or
Qualications
Perform duties at a skill
level which requires:
• completion of
a diploma level
qualication with
relevant work related
experience; or
• completion of
a Certicate IV
with relevant work
experience; or
• completion of a post-
trades certicate and
extensive relevant
experience; or
• on the job training; or
• completion of a
Certicate III with
extensive relevant
work experience; or
• an equivalent
combination of
relevant experience
and/or education/
training.
Perform duties at a skill
level which requires:
• completion of a degree
without subsequent
relevant work
experience; or
• completion of an
advanced diploma
qualication and
at least one year’s
subsequent relevant
work experience; or
• completion of a
diploma qualication
and at least two (2)
years’ subsequent
relevant work
experience; or
• completion of a
Certicate IV and
extensive relevant
work experience; or
• completion of a post-
trades certicate and
extensive (typically
more than two (2)
years’) relevant
experience as a
technician; or
• an equivalent
combination of
relevant experience
and/or education/
training.
Perform duties at a skill
level which requires:
• a degree with
subsequent relevant
experience to
consolidate the
theories and principles
learned,
• or extensive
experience, leading
to either the
development of
specialist expertise or
to the development
of broad knowledge,
in technical or
administrative elds,
• or an equivalent
alternate combination
of relevant knowledge,
training and/or
experience.
120
La Trobe UniversitySchedule 1
HEO Level 4 HEO Level 5 HEO Level 6
Task Level May undertake limited
creative, planning or
design functions; apply
skills to a varied range of
different tasks.
Perform a variety of tasks
which require a sound
working knowledge of
technical or administrative
procedures and an
awareness of the main
theoretical or policy
principles which underlie
these procedures.
Knowledge is applied to
recurring circumstances,
at a level of complexity
equivalent to using a range
of computer software
applications to assist
with job assignments,
to setting up, using and
demonstrating a range
of standard procedures,
equipment use and/
or experiments or to
applying skills ranging
across more than one
trade. May involve the
application of specialist
skills (e.g. operation
of a word processing
package to produce
complex layouts, machine
set-up or maintenance,
guidance to others in the
use of a limited range of
equipment, application
of advanced post trade
skills to maintenance
tasks) in clerical, trade or
operational areas.
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.
Perform tasks which
require a knowledge
of and the standard
application of theoretical
principles, procedures and
techniques at the level of
an inexperienced graduate
working in their eld of
expertise. Alternatively,
apply a depth or breadth
of technical or procedural
expertise, which includes
a sound appreciation of
the advanced technical
concepts, or theoretical
and/or policy issues
involved, in a particular
functional area or to a set
of related activities. Work
will involve the application
and interpretation
of policies, manuals,
procedures or guidelines
(for example, the trialling
of and reporting on
experiment modications
for laboratory practicals,
or the application of a
substantial set of rules
to the consideration
of varying individual
cases). Work may
involve facilitating or
ensuring compliance with
established rules, codes or
regulations.
Perform work assignments
guided by policy,
precedent, professional
standards and managerial
or technical expertise.
Staff would have the
latitude to develop or
redene 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.
Perform tasks which
are guided by policy,
precedent or objectives
and, where relevant, by
professional standards
applied to a range of
assignments.
Positions at this level
require a conceptual
understanding of
relevant policies,
procedures or systems
and interpretation in the
application of policy and/
or precedent. The line
management of one or
several closely related
areas may be required.
In technical positions the
investigation of a range
of operating and design
issues may be a key duty
at this level.
Staff have some latitude
to develop or redene
procedures. In technical
and administrative areas,
have a depth or breadth
of expertise developed
through extensive
relevant experience and
application.
121
Enterprise Agreement 2023 Schedule 1
HEO Level 4 HEO Level 5 HEO Level 6
Judgement and
Problem Solving
In trades positions,
extensive diagnostic skills.
In technical positions,
apply theoretical
knowledge and techniques
to a range of procedures
and tasks. In clerical/
secretarial positions,
provide factual advice
which requires prociency
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.
Situations will be
encountered for which a
range and combination of
responses will be available
requiring discrimination
between alternatives and
some understanding of
the principles or policies
underlying established
procedures or systems to
guide the choices made.
Will contribute to local
procedures and systems.
May perform tasks, or
make recommendations
for decisions, requiring the
interpretation of a set of
relatively straightforward
rules, guidelines, manuals
or technical procedures.
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. In
administrative positions,
may apply expertise
in a particular set of
rules or regulations
to make decisions,
or be responsible for
coordinating a team to
provide an administrative
service.
A range of differing
situations will be
encountered requiring
judgement based
on theoretical and
technical knowledge.
Will be expected to
exercise initiative in the
application of systems
and procedures. May
contribute to decision
making by applying a
thorough knowledge of
a complex set of rules,
activities or procedures
to particular cases, to
make recommendations
for authorisation by
more senior staff. May
make regular operational
decisions on the provision,
availability or deployment
of resources and services
which impact outside the
immediate work unit or on
clients.
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.
Solve both common
and unusual problems.
Identify responses to
new circumstances for
consideration by others.
Some discretion
to innovate within
own function and
take responsibility for
outcomes, which may
include the development
of section procedures and
management strategies.
May apply theoretical
(or policy) and technical
knowledge to design,
review, develop or test
complex equipment,
systems or procedures.
May exercise high level
diagnostic skills on
sophisticated equipment
or systems and/or analyse
and report on data or
experiments. May use
considerable technical
skills to design equipment
to a limited brief and to
liaise with equipment
users to better dene
requirements.
122
La Trobe UniversitySchedule 1
HEO Level 4 HEO Level 5 HEO Level 6
Level of
Supervision and
Independence
In technical positions,
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 standalone
work.
Procedural supervision,
where some situations are
not directly addressed in
procedures and choices
are made which require an
understanding of a well-
dened policy framework
and recourse to technical
knowledge. May supervise,
provide on the job
training and assistance
to or co-ordinate others
performing a range of
tasks within a single work
unit, including liaison with
staff at higher levels. May
undertake standalone
work.
In professional positions,
routine supervision
to general direction,
depending on tasks
involved and experience.
In technical positions,
general direction and may
supervise other staff.
General direction,
except where procedural
direction may apply as
part of a development
program prior to
professional admission.
May supervise staff and
have some responsibility
for the day to day
operation of a discrete
work unit (e.g. the
supervision of a loans
access point in a library,
the leadership of a
small team in nance),
including setting priorities,
meeting service standards
and assisting with the
monitoring or review of
systems.
In professional positions,
general direction; in
other positions, broad
direction. May have
extensive supervisory
and line management
responsibility for
technical, clerical,
administrative and other
non-professional staff.
General direction.
Will set priorities and
monitor work ows and
systems within an area of
responsibility (i.e. for own
position and for a team
or section if applicable).
May have extensive
supervisory responsibility
or some line management
responsibility for staff
at Task Level 5 or below
performing a set of related
functions. May have
indirect reports coming to
the position.
123
Enterprise Agreement 2023 Schedule 1
HEO Level 4 HEO Level 5 HEO Level 6
Organisational
Relationships and
Impact
Perform tasks/
assignments which
require prociency in
the work area’s rules,
regulations, processes and
techniques, and how they
interact with other related
functions.
Have a sound knowledge
of the impact of the
activities undertaken on
other related functions
or sections. Will perform
tasks where any advice
which is provided
is based on some depth
of knowledge such that
the information conveyed
will normally inuence
how other work areas or
individuals frame their
actions or procedures.
Will take the needs of
others into account when
selecting between work
methods and sequences.
May interpret procedures
to assist others and will
make recommendations,
where relevant case
experiences arise, to
more senior staff on
changes to procedures,
schedules or routines to
facilitate good relations
between work units or
with clients. May provide
support by coordinating
staff with a range of roles
to play, including staff
at more senior levels, to
contribute to assignments
or projects.
As for Level 4
Have a detailed knowledge
of policies, systems and
procedures in own unit
and an understanding
how they relate to and
impact on any related
areas based on an
understanding of relevant
policies and systems in
those related areas. In the
context of complex but
standard circumstances,
provide authoritative
advice, based
on theoretical and
technical knowledge,
to assist and inuence
others.
Perform tasks/
assignments which
require prociency 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.
Provide authoritative
advice in the context of
recurring but unusual and
varied circumstances.
Adapt procedures or
techniques as required to
achieve objectives, where
these changes are within
policy and either their
impact is restricted to the
work unit(s) concerned
or, alternatively, changes
arise out of liaison with
other areas, meet the
mutual needs of the
groups concerned and
are pursued in concert
with them. May provide
inuential input to policy
or systems development
on the basis of expertise
in the operational aspects
of current systems and
their impact.
124
La Trobe UniversitySchedule 1
HEO Level 7 HEO Level 8 HEO Level 9
Training Level or
Qualications
Perform duties at a skill
level which requires:
• a degree with at least
4 years subsequent
relevant experience
to consolidate and
extend the theories
and principles learned,
• or extensive
experience and
management
expertise,
• or an equivalent
alternate combination
of relevant knowledge,
training and/or
experience.
Perform duties at a skill
level which requires:
• a degree with
substantial extension
of the theories and
principles, learned
through experience,
• or a range of
management
experience,
• or postgraduate
qualications, or
progress towards
postgraduate
qualications with
extensive relevant
experience,
• or an equivalent
alternate combination
of relevant knowledge,
training and/or
experience.
Perform duties at a skill
level which requires:
• extensive management
expertise and
supporting experience,
• or postgraduate
qualications and
extensive relevant
experience,
• or an equivalent
alternate combination
of relevant knowledge,
training and/or
experience.
125
Enterprise Agreement 2023 Schedule 1
HEO Level 7 HEO Level 8 HEO Level 9
Task Level Independently relate
existing policy to work
assignments or rethink
the way a specic body
of knowledge is applied in
order to solve problems. In
professional or technical
positions, may be a
recognised authority in a
specialised area.
Perform tasks requiring
the application of
substantial theoretical and
technical knowledge and
experience to a range of
issues and circumstances
requiring considerable
interpretation.
Tasks will require skills in
research, evaluation or
interpretation of data.
May have operational
responsibility for staff
delivering signicant
administrative, technical
or professional services,
including the provision
of advice on procedures,
systems, priorities and
budgets for the function
concerned to more senior
leaders. May provide
consultancy advice to
others. May be recognised
within or outside a Faculty
or equivalent as the expert
in a specialised area
of theoretical, policy or
technical complexity.
Work at this level is
likely to require the
development of new
ways of using a specic
body of knowledge
which applies to work
assignments, or may
involve the integration of
other specic bodies of
knowledge.
Performs tasks requiring
the integration of
substantial theoretical
(or policy) and technical
knowledge to either
manage signicant
programs, or develop,
review or evaluate
signicant policies,
programs or initiatives.
The development and
application of new
principles and technology
may be required. Duties
may span a range of
activities in a complex
specialised environment.
Expert advice may be
provided on a professional
or consultancy basis
to achieve intellectual
standing outside of the
University.
Demonstrated capacity
to conceptualise,
develop and review major
professional, management
or administrative policies
at the corporate level.
Signicant high level
creative, planning and
management functions.
Responsibility for
signicant resources.
Perform tasks requiring
the planning, development
and review of major
professional, management
or administrative
policies at a senior
management level. Will
make a signicant high
level creative, planning or
management contribution.
Will have responsibility for
or impact on signicant
resources.
126
La Trobe UniversitySchedule 1
HEO Level 7 HEO Level 8 HEO Level 9
Judgement and
Problem Solving
Independently relate
existing policy to work
assignments, rethink the
way a specic body of
knowledge is applied in
order to solve problems,
adapt procedures to t
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.
Apply theoretical
knowledge or
management or policy
expertise to bring together
diverse and sometimes
conicting information
to solve new or one off
problems, to develop
innovative methodologies,
to analyse a situation
and propose new
responses or solutions
or to take a leading
role in the application
of proven techniques
involving considerable
theoretical and
technical sophistication.
Responsible for
independently monitoring,
reviewing and developing
procedures in own
functional area. Able
to cross specialist,
organisational or
functional boundaries to
co-ordinate actions and
propose initiatives.
Focus on objectives rather
than procedures and
precedents.
Responsible for program
development and
implementation. Provide
strategic support and
advice to schools or
faculties requiring
integration of a range of
University policies and
external requirements,
and an ability to achieve
objectives operating
within complex
organisation structures.
Develop systems, or
programs (including
priorities, policies and
procedures) within closely
dened statements of role
objectives. May require
new responses based on
the integration of a range
of knowledge, policies or
procedures, or by drawing
together the interests of
several functional areas.
Responsible for
program development
and implementation.
Provide strategic
support and advice
to schools or faculties
requiring integration of
a range of internal and
external policies and
demands, and an ability
to achieve objectives
operating within complex
organisation structures.
Develop systems, or
programs (including
priorities, policies and
procedures) within given
broad statements of
role objectives, where
considerable latitude
or input applies in the
initial denition of the
role objectives and/or
where implementation
responsibilities have been
substantially devolved,
subject to agreed budgets
and periodic review
against performance
objectives. Have
independence in the
allocation of resources
within constraints
established by senior
management.
127
Enterprise Agreement 2023 Schedule 1
HEO Level 7 HEO Level 8 HEO Level 9
Level of
Supervision and
Independence
Broad direction.
May manage other
administrative, technical
and/or professional staff.
General direction. May
have line management
responsibility for staff
at Task Level 6 or below
performing a related
set of functions, usually
with distinct areas of
expertise. Management
responsibility at this
level would include
the allocation of
responsibilities, review of
performance, training and
development of staff and
development or oversight
of program procedures,
priorities and quality
control systems. Advice
will be provided to staff at
higher levels on program
objectives, organisational
structures and budget
expenditure.
As for Level 7
Broad direction. Will
advise on and have
substantial inuence over
the establishment of
priorities, programs and/or
budgets (formulation and
expenditure) for a major
functional area. Will have
scope to reset priorities
or resources within overall
program objectives. May
have some management
responsibility for staff at
Task Level 7 or below.
Broad direction.
Will manage other
administrative, technical
and/or professional staff.
Broad direction with
substantial management
responsibilities or
equivalent level of impact;
or open direction.
128
La Trobe UniversitySchedule 1
HEO Level 7 HEO Level 8 HEO Level 9
Organisational
Relationships and
Impact
Detailed knowledge
of academic and
administrative policies
and the interrelationships
between a range of
policies and activities.
Exercise a detailed
knowledge of the
interrelationships between
a range of diverse
policies and activities.
Will be expected where
required to negotiate
solutions where a range
of interests have to be
accommodated, often
requiring working with
contributors with different
areas of expertise.
May develop proposals or
recommendations which
co-ordinate the interests
of separate work units
or contributors around
a particular program,
function or objective and
share some accountability
for the decisions taken,
without normally being
responsible for nal
authorisation.
The staff member 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.
Responsible for managing,
coordinating activity
around or implementing
a number of programs
or functions which may
impact on other areas
of the University and
which require a thorough
knowledge of overall
University policies and
the external environment
(e.g. government
legislation, guidelines and
requirements).
Would normally play
a leading role in
developing proposals
and coordinating
agreement for change or
development in the areas
for which the position
is responsible. May
effectively commit the
University to signicant
expenditure or income
proposal, or to a public
policy stance, though
formal authorisation would
be provided at a higher
level.
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.
Develop and review
major policies, objectives,
programs or strategies
involving high level liaison
with internal and external
client areas, including
framing the relevant
internal consultation and
negotiation strategies.
Responsible for proposing
and implementing
programs involving major
change which may impact
on other areas of the
institution’s operations.
129
Enterprise Agreement 2023 Schedule 1
HEO Level 10
Training Level or
Qualications
Perform duties at a skill level which requires:
• experience and expertise in the management of signicant human and material
resources,
• or postgraduate qualications and extensive relevant experience,
• or experience and expertise in the provision of strategic policy advice affecting the
direction of the University,
• or an equivalent alternate combination of relevant knowledge, training and/or
experience.
Task Level Complex, signicant 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.
Perform tasks requiring the conceptualisation, development, review and accountability
for the operation of major professional, management or administrative policies at the
corporate level. Signicant high level creative, planning and management functions.
Responsible for signicant resources, or have a strong impact on the deployment of
signicant resources.
Judgement and
Problem Solving
Be fully responsible for the achievement of signicant organisational objectives and
programs.
Be fully responsible for the achievement of objectives and programs affecting a
signicant organisational area at Faculty level or equivalent. May be an inuential
contributor to decisions over the allocation or use of substantial resources.
Level of
Supervision and
Independence
As for Level 9
Broad direction with substantial management responsibility, usually for a diverse set of
functions, including responsibility for setting and reviewing longer term performance
criteria and objectives. May have nal responsibility for approving substantial budget
expenditure.
Alternatively, open direction.
Organisational
Relationships and
Impact
Bring a multiperspective understanding to the development, carriage, marketing
and implementation of new policies; devise new ways of adapting the organisation’s
strategies to new, including externally generated, demands.
Taking into account the views and interests of others, carry prime responsibility (that
is, be the catalyst or driving force) for the development or signicant amendment of
policies or systems which will impact across the University. Will have responsibility
for managing a substantial budget(s), including the discretion to re-allocate funds
or priorities within budgets. Authorise signicant expenditure items, or commit the
University to signicant contractual or resource obligations.
130
La Trobe UniversitySchedule 2
SCHEDULE 2
MINIMUM STANDARDS
FOR ACADEMIC LEVELS
(MSALS)
S
131
Enterprise Agreement 2023 Schedule 2
Part 1
Teaching and Research Academic Staff
Level A
A Level A academic will work with the support and guidance from more senior academic staff and is expected
to develop their expertise in teaching and research with an increasing degree of autonomy. A Level A academic
will normally have completed four years of tertiary study or equivalent qualications and experience and may be
required to hold a relevant higher degree.
A Level A academic will normally contribute to teaching at the institution, at a level appropriate to the skills and
experience of the staff member, engage in scholarly, research and/or professional activities appropriate to their
professional discipline, and undertake administration primarily relating to their activities at the institution. The
contribution to teaching of Level A academics will be primarily at undergraduate and graduate diploma level. A
Level A academic will not be assigned responsibility for co-ordinating a course.
Level B
A Level B academic will undertake teaching and research without the need for close supervision in their discipline
or related area. In research and/or scholarship and/or teaching a Level B academic will make an independent
contribution through professional practice and expertise, and co-ordinate and/or lead the activities of other staff,
as appropriate to the discipline.
A Level B academic will normally contribute to teaching at undergraduate, honours and postgraduate level, engage
in scholarship and/or research and/or professional activities appropriate to their profession or discipline. They will
normally undertake administration primarily relating to their activities at the institution and may be required to
perform the full academic responsibilities of and related administration for the co-ordination of an award program
of the institution.
Level C
A Level C academic will make a signicant contribution to the discipline at the national level. In research and/or
scholarship and/or teaching they will make original contributions, which expand knowledge or practice in their
discipline.
A Level C academic will normally make a signicant contribution to research and/or scholarship and/or teaching
and administration activities of an organisational unit or an interdisciplinary area at undergraduate, honours and
postgraduate level. They will normally play a major role or provide a signicant degree of leadership in scholarly,
research and/or professional activities relevant to the profession, discipline and/or community and may be
required to perform the full academic responsibilities of and related administration for the co-ordination of a large
award program or a number of smaller award programs of the institution.
Level D
A Level D academic will normally make an outstanding contribution to the research and/or scholarship and/or
teaching and administration activities of an organisational unit, including a large organisational unit, or
interdisciplinary area.
A Level D academic will make an outstanding contribution to the governance and collegial life inside and outside
of the institution and will have attained recognition at a national or international level in their discipline. They will
make original and innovative contributions to the advancement of scholarship, research and teaching in their
discipline.
132
La Trobe UniversitySchedule 2
Level E
A Level E academic will provide leadership and foster excellence in research, teaching and policy development
in the academic discipline within the institution and within the community, professional, commercial or industrial
sectors.
A Level E academic will have attained recognition as an eminent authority in their discipline, will have achieved
distinction at the national level and may be required to have achieved distinction at the international level. A Level
E academic will make original, innovative and distinguished contributions to scholarship, researching and teaching
in their discipline. They will make a commensurate contribution to the work of the institution.
Part 2
Research Academic Staff (Inclusive of Creative Disciplines)
Level A
A Level A research academic will typically conduct research/scholarly activities under limited supervision either
independently or as a member of a team, and will normally hold a relevant higher degree.
A Level A research academic will normally work under the supervision of academic staff at Level B or above,
with an increasing degree of autonomy as the research academic gains skills and experience. A Level A research
academic may undertake limited teaching, may supervise at undergraduate levels and may publish the results of
the research conducted as sole author or in collaboration. They will undertake administration primarily relating to
their activities at the institution.
Level B
A Level B research academic will normally have experience in research or scholarly activities which have resulted
in publications in refereed journals or other demonstrated scholarly activities.
A Level B research academic will carry out independent and/or team research. A Level B research academic may
supervise postgraduate research students or projects and be involved in research training.
Level C
A Level C research academic will make independent and original contributions to research which have a signicant
impact on their eld of expertise.
The work of the research academic will be acknowledged at a national level as being inuential in expanding the
knowledge of their discipline. This standing will normally be demonstrated by a strong record of published work or
other demonstrated scholarly activities.
A Level C research academic will provide leadership in research, including research training and supervision.
Level D
A Level D research academic will make major original and innovative contributions to their eld of study or
research, which are recognised as outstanding nationally or internationally.
A Level D research academic will play an outstanding role within their institution, discipline and/or profession in
fostering the research activities of others, and in research training.
133
Enterprise Agreement 2023 Schedule 2
Level E
A Level E research academic will typically have achieved international recognition through original, innovative
and distinguished contributions to their eld of research, which is demonstrated by sustained and distinguished
performance.
A Level E research academic will provide leadership in their eld of research, within their institution, discipline
and/or profession and within the scholarly and/or general community. Their will foster excellence in research,
research policy and research training.
134
La Trobe UniversitySchedule 3
SCHEDULE 3
ACADEMIC STAFF
SALARY SCALES
135
Enterprise Agreement 2023 Schedule 3
Academic Staff Salary Scales
2022 Rate
FFPPOA
successful vote
FFPPOA
01-Jan-24
FFPPOA
30-Sep-24
FFPPOA
30-Sep-25
FFPPOA
31-Mar-26
4.0%
increase
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
Level A
Step 1 $71,383 $74,238 $76,911 $79,218 $81,594 $84,205
Step 2 $75,276 $78,287 $81,105 $83,539 $86,045 $88,798
Step 3 $79,140 $82,305 $85,268 $87,826 $90,461 $93,356
Step 4 $83,020 $86,341 $89,449 $92,132 $94,896 $97,933
Step 5 $86,174 $89,621 $92,847 $95,632 $98,501 $101,653
Step 6 * $89,322 $92,895 $96,240 $99,127 $102,101 $105,368
Step 7 $92,474 $96,173 $99,635 $102,624 $105,703 $109,086
Step 8 $95,625 $99,450 $103,030 $106,121 $109,305 $112,802
Level B
Step 1 $100,480 $104,499 $108,261 $111,509 $114,855 $118,530
Step 2 $104,113 $108,278 $112,176 $115,541 $119,008 $122,816
Step 3 $107,746 $112,055 $116,089 $119,572 $123,159 $127,100
Step 4 $111,385 $115,840 $120,011 $123,611 $127,319 $131,394
Step 5 $115,021 $119,622 $123,929 $127,646 $131,476 $135,683
Step 6 $118,659 $123,405 $127,848 $131,683 $135,633 $139,974
* Any Level A Academic who on appointment holds or during appointment gains a relevant doctoral qualication
will be paid a salary no lower than this point
136
La Trobe UniversitySchedule 3
Academic Staff Salary Scales (cont.)
2022 Rate
FFPPOA
successful vote
FFPPOA
01-Jan-24
FFPPOA
30-Sep-24
FFPPOA
30-Sep-25
FFPPOA
31-Mar-26
4.0%
increase
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
Level C
Step 1 $122,297 $127,189 $131,768 $135,721 $139,792 $144,266
Step 2 $125,933 $130,971 $135,686 $139,756 $143,949 $148,555
Step 3 $129,570 $134,752 $139,603 $143,792 $148,105 $152,845
Step 4 $133,209 $138,537 $143,525 $147,830 $152,265 $157,138
Step 5 $136,840 $142,314 $147,437 $151,860 $156,416 $161,421
Step 6 * $140,478 $146,098 $151,357 $155,898 $160,575 $165,713
Level D
Step 1 $146,540 $152,402 $157,888 $162,625 $167,504 $172,864
Step 2 $151,388 $157,444 $163,112 $168,005 $173,045 $178,583
Step 3 $156,236 $162,486 $168,335 $173,385 $178,587 $184,302
Step 4 $161,087 $167,530 $173,561 $178,768 $184,131 $190,023
Level E
$187,759 $195,269 $202,299 $208,368 $214,619 $221,486
137
Enterprise Agreement 2023 Schedule 3
Casual Academic Rates
Casual academic staff will be entitled to receive the salary rates applicable to the casual employment
classications, as dened in Schedule 2 of this Agreement, and a 36.25 hour week will be used as the basis for
calculating the ordinary hourly rate for casual academic employment to which a 25% casual loading will be
added. The casual loading is payable in lieu of benets not provided to casual academic staff as set out in this
Agreement.
Casual Academic Rates
2022
Rate
FFPPOA
successful
vote
FFPPOA
commence-
ment
FFPPOA
01-Jan-24
FFPPOA
30-Sep-24
FFPPOA
30-Sep-25
FFPPOA
31-Mar-26
4.0%
increase
Change
in Rate
Divisor
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
Lecturing
A: Basic $200.22 $208.22 $214.67 $222.40 $229.07 $235.94 $243.49
D: Repeat $133.48 $138.82 $143.11 $148.27 $152.71 $157.29 $162.33
B: Developed $266.95 $277.63 $286.23 $296.53 $305.43 $314.59 $324.66
C: Specialised $333.66 $347.01 $357.78 $370.66 $381.78 $393.24 $405.82
Tutoring
E: Normal $144.77 $150.56 $155.21 $160.80 $165.62 $170.59 $176.05
F: Repeat $96.51 $100.37 $103.47 $107.20 $110.41 $113.73 $117.37
G: Normal
PhD
$171.76 $178.63 $184.17 $190.80 $196.53 $202.42 $208.90
C: Repeat PhD $114.51 $119.09 $122.78 $127.20 $131.02 $134.95 $139.27
Clinical Nurse Educator
I: Normal $96.51 $100.37 $103.47 $107.20 $110.41 $113.73 $117.37
K: Normal PhD $114.51 $119.09 $122.78 $127.20 $131.02 $134.95 $139.27
J: Small
Preparation
$72.39 $75.28 $77.61 $80.40 $82.81 $85.30 $88.02
L: Small PhD $85.88 $89.32 $92.09 $95.40 $98.26 $101.21 $104.45
138
La Trobe UniversitySchedule 3
Casual Academic Rates (cont.)
2022
Rate
FFPPOA
successful
vote
FFPPOA
commence-
ment
FFPPOA
01-Jan-24
FFPPOA
30-Sep-24
FFPPOA
30-Sep-25
FFPPOA
31-Mar-26
4.0%
increase
Change
in Rate
Divisor
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
Marking
M: High Level $66.74 $69.41 $71.56 $74.13 $76.36 $78.65 $81.16
N: Routine $48.26 $50.19 $51.74 $53.60 $55.21 $56.86 $58.68
O: Routine
PhD
$57.25 $59.54 $61.39 $63.60 $65.51 $67.47 $69.63
Other Academic Activity
P: $48.26 $50.19 $51.74 $53.60 $55.21 $56.86 $58.68
Q: PhD $57.25 $59.54 $61.39 $63.60 $65.51 $67.47 $69.63
V: SubCoord $66.74 $69.41 $71.56 $74.13 $76.36 $78.65 $81.16
W: Course-
Coord
$80.45 $83.67 $86.55 $89.67 $92.36 $95.13 $98.17
139
Enterprise Agreement 2023 Schedule 3
Casual Academic Rates
1. Engagement
Casual Academic Staff will be engaged by the hour under one of the categories set out below.
2. Applicable Hourly Rates
(a) The minimum hourly rate applicable for duties, including casual lecturing, marking as a supervising
examiner or requiring a signicant exercise of academic judgment appropriate to a Level B academic, or
for all subject coordination support duties performed in accordance with clause 8 of this schedule, is
determined by reference to the second step of the full-time Academic Level B scale plus a 25% loading.
$Level B, step 2/52.1786 + 25% = $
36.25
(b) The minimum hourly rate applicable for all duties performed where the staff member performs course
coordination duties is determined by reference to the second step of the full-time Academic Level C
scale plus a 25% loading, according to the following formula:
$Level C, step 2/52.1786 + 25% = $
36.25
(c) The minimum hourly rate applicable to all other duties is determined by reference to the second step of
the full-time Level A scale plus a 25% loading, according to the following formula:
$Level A, step 2/52.1786 + 25% = $
36.25
(d) Provided that where the staff member possesses a relevant doctoral qualication, the minimum hourly
rate applicable to all other duties is determined by reference to the sixth step of the full-time Level A
scale plus 25% loading, according to the following formula:
$Level A, step 6/52.1786 + 25% = $
36.25
140
La Trobe UniversitySchedule 3
3. Casual Lecturing
A casual academic staff member required to provide a lecture (or equivalent delivery through other than face-
to-face teaching mode) of a specied duration and relatedly provide directly associated non-contact duties in
the nature of preparation and reasonably contemporaneous student consultation will be paid at a rate for each
hour of lecture delivered according to the table below. Lecture means any educational delivery described as a
lecture in a course or unit outline, or in an ofcial timetable issued by the University.
Rate Type Description
Rate A Basic Lecture Consists of 1 hour of delivery and 2 hours of associated working time.
Rate B Developed Lecture Consists of 1 hour of delivery and 3 hours of associated working time.
Rate C Specialised Lecture Consists of 1 hour of delivery and 4 hours of associated working time.
Rate D Repeat Lecture Consists of 1 hour of delivery and 1 hour of associated working time,
provided that the hourly rate in a repeat lecture applies to a lecture in the
same subject matter within a period of 7 days and student consultation
reasonably contemporaneous with it.
4. Casual Tutoring
A casual academic staff member required to deliver or present a tutorial or seminar (or equivalent delivery
through other than face-to-face teaching mode) of a specied duration and relatedly provide directly associated
non-contact duties in the nature of preparation and reasonably contemporaneous student consultation will be
paid at a rate for each hour of tutorial delivered or presented according to the table below. Tutorial means any
educational delivery described as a tutorial or seminar in a course or unit outline, or in an ofcial timetable issued
by the University.
Rate Type Description
Rate E Basic Tutorial Consists of 1 hour of delivery and 2 hours of associated working time.
Rate F Repeat Tutorial Consists of 1 hour of delivery and 1 hour of associated working time,
provided that the hourly rate in a repeat tutorial applies to a tutorial in the
same subject matter within a period of 7 days and student consultation
reasonably contemporaneous with it.
Rate G Tutorial (PhD) Consists of 1 hour of delivery and 2 hours of associated working time in
circumstances where the staff member holds a relevant Doctoral Degree
qualication.
Rate H Repeat Tutorial
(PhD)
Consists of 1 hour of delivery and 1 hour of associated working time in
circumstances where the staff member holds a relevant Doctoral Degree
qualication, provided that the hourly rate in a repeat tutorial applies to a
tutorial in the same subject matter within a period of 7 days, and student
consultation reasonably contemporaneous with it.
141
Enterprise Agreement 2023 Schedule 3
5. Undergraduate Clinical Nurse Education
A casual academic staff member required to provide undergraduate clinical nurse education with directly
associated non-contact duties in the nature of preparation and reasonably contemporaneous student
consultation will be paid at a rate for each hour of clinical nurse education delivered according to the table below.
Undergraduate clinical nurse education means the conduct of undergraduate nurse education in a clinical setting.
Rate Type Description
Rate I Normal preparation
required
1 hour of delivery and 1 hour of associated working time.
Rate J Little preparation
required
1 hour of delivery and 0.5 hour of associated working time.
Rate K Normal preparation
required (PhD)
1 hour of delivery and 1 hour of associated working time in circumstances
where the staff member holds a relevant Doctoral Degree qualication.
Rate L Little preparation
required (PhD)
1 hour of delivery and 0.5 hour of associated working time in
circumstances where the staff member holds a relevant Doctoral Degree
qualication.
6. Casual Marking
Rate Type Description
Rate M Signicant
Judgement
Marking as a supervising examiner or marking requiring a signicant
exercise of academic judgement appropriate to an academic at Level B
Rate N Standard marking
Rate O Standard marking
(PhD)
Standard Marking, in circumstances where the staff member holds a
relevant Doctoral Degree qualication.
7. Marking
Except in the case of marking that is undertaken during a lecture, tutorial or clinical session all marking requested
to be undertaken by the University and that forms part of the formal assessment for the subject or course will be
paid for at the prescribed marking rate.
142
La Trobe UniversitySchedule 3
8. Subject Coordination and Subject Coordination Support Duties
Casual staff should not be appointed as a Subject Coordinator.
However in circumstances where it is genuinely temporary casual work (e.g., temporarily replacing an assigned
subject coordinator for several weeks when they unexpectedly fall ill), the casual staff member will be paid the
Other Academic Activities Subject Coordination Support Duties rate for the required coordination duties.
In circumstances where a casual academic staff member is not appointed as the Subject Coordinator, but
is performing a percentage of the subject coordination duties, howsoever named, they will be paid the Other
Academic Activities Subject Coordination Support Duties rate for the required coordination duties.
9. Course Coordination and Course Coordination Support Duties
Casual staff should not be appointed as a Course Coordinator.
However in circumstances where it is genuinely temporary casual work (e.g., temporarily replacing an assigned
course coordinator for several weeks when they unexpectedly fall ill), the casual staff member will be paid the
Other Academic Activities Course Coordination Support Duties rate for the required coordination duties.
In circumstances where a casual academic staff member is not appointed as the Course Coordinator, but
is performing a percentage of the course coordination duties, howsoever named, they will be paid the Other
Academic Activities Course Coordination Support Duties rate for the required coordination duties.
10. Other Academic Activities
A casual academic staff member required by the University to perform academic activity that is not classied
and paid as lecturing, tutoring, clinical nurse education or marking as set out under subclauses 3 to 7, will be paid
an hourly Other Academic Activity rate for each hour of work required to be performed.
Rate Type Description
Rate P Standard Other Academic Activities rate.
Rate Q (PhD) Other Academic Activities rate in circumstances where the staff member
holds a relevant Doctoral Degree qualication.
Rate V Subject
Coordinator
/ Subject
Coordination
Support Duties
Other Academic Activities rate in circumstances where the staff member
is undertaking subject coordination or subject coordination support
duties.
Rate W Course Coordinator
/ Course
Coordination
Support Duties
Other Academic Activities rate in circumstances where the staff member
is undertaking course coordination or course coordination support duties.
143
Enterprise Agreement 2023 Schedule 4
SCHEDULE 4
PROFESSIONAL STAFF
SALARY SCALES
144
La Trobe UniversitySchedule 4
Professional Staff Salary Scales
2022 Rate
FFPPOA
successful vote
FFPPOA
01-Jan-24
FFPPOA
30-Sep-24
FFPPOA
30-Sep-25
FFPPOA
31-Mar-26
4.0%
increase
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
HEO 1
Step 1 $51,211 $53,260 $55,177 $56,832 $58,537 $60,410
Step 2 $52,169 $54,256 $56,209 $57,895 $59,632 $61,540
Step 3 $53,145 $55,271 $57,261 $58,978 $60,748 $62,692
Step 4 $54,140 $56,305 $58,332 $60,082 $61,885 $63,865
HEO 2
Step 1 $55,013 $57,213 $59,273 $61,051 $62,883 $64,895
Step 2 $56,040 $58,281 $60,380 $62,191 $64,057 $66,106
Step 3 $57,090 $59,374 $61,512 $63,357 $65,258 $67,346
HEO 3
Step 1 $57,724 $60,033 $62,194 $64,060 $65,982 $68,093
Step 2 $58,807 $61,159 $63,361 $65,262 $67,220 $69,371
Step 3 $59,918 $62,315 $64,558 $66,495 $68,489 $70,681
Step 4 $61,046 $63,488 $65,773 $67,747 $69,779 $72,012
Step 5 $62,195 $64,682 $67,011 $69,021 $71,092 $73,367
Step 6 $63,364 $65,899 $68,271 $70,320 $72,429 $74,747
Step 7 $64,561 $67,143 $69,560 $71,647 $73,797 $76,158
145
Enterprise Agreement 2023 Schedule 4
Professional Staff Salary Scales (cont.)
2022 Rate
FFPPOA
successful vote
FFPPOA
01-Jan-24
FFPPOA
30-Sep-24
FFPPOA
30-Sep-25
FFPPOA
31-Mar-26
4.0%
increase
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
HEO 4
Step 1 $65,857 $68,492 $70,957 $73,086 $75,279 $77,688
Step 2 $67,105 $69,789 $72,301 $74,470 $76,705 $79,159
Step 3 $68,376 $71,111 $73,671 $75,881 $78,157 $80,658
Step 4 $69,676 $72,463 $75,072 $77,324 $79,644 $82,192
HEO 5
Step 1 $71,280 $74,131 $76,800 $79,104 $81,477 $84,084
Step 2 $72,634 $75,540 $78,259 $80,607 $83,025 $85,682
Step 3 $74,015 $76,976 $79,747 $82,139 $84,604 $87,311
Step 4 $75,429 $78,446 $81,270 $83,708 $86,220 $88,979
Step 5 $76,863 $79,938 $82,815 $85,300 $87,859 $90,670
Step 6 $78,333 $81,466 $84,399 $86,931 $89,539 $92,404
Step 7 $79,827 $83,020 $86,009 $88,589 $91,247 $94,167
HEO 6
Step 1 $82,125 $85,410 $88,485 $91,140 $93,874 $96,878
Step 2 $83,698 $87,046 $90,180 $92,885 $95,672 $98,733
Step 3 $85,301 $88,713 $91,906 $94,663 $97,503 $100,623
Step 4 $86,935 $90,412 $93,667 $96,477 $99,371 $102,551
Step 5 $88,607 $92,152 $95,469 $98,333 $101,283 $104,524
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La Trobe UniversitySchedule 4
Professional Staff Salary Scales (cont.)
2022 Rate
FFPPOA
successful vote
FFPPOA
01-Jan-24
FFPPOA
30-Sep-24
FFPPOA
30-Sep-25
FFPPOA
31-Mar-26
4.0%
increase
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
HEO 7
Step 1 $90,259 $93,869 $97,248 $100,166 $103,171 $106,472
Step 2 $91,995 $95,675 $99,119 $102,092 $105,155 $108,520
Step 3 $93,764 $97,514 $101,025 $104,055 $107,177 $110,607
Step 4 $95,570 $99,393 $102,971 $106,060 $109,242 $112,738
Step 5 $97,409 $101,305 $104,952 $108,101 $111,344 $114,907
Step 6 $99,291 $103,263 $106,980 $110,189 $113,495 $117,127
HEO 8
Step 1 $101,102 $105,146 $108,932 $112,200 $115,566 $119,264
Step 2 $103,053 $107,175 $111,033 $114,364 $117,795 $121,564
Step 3 $105,050 $109,252 $113,185 $116,580 $120,078 $123,920
Step 4 $107,076 $111,359 $115,367 $118,828 $122,393 $126,310
Step 5 $109,145 $113,511 $117,597 $121,125 $124,759 $128,751
Step 6 $111,262 $115,712 $119,878 $123,474 $127,178 $131,248
Step 7 $113,421 $117,958 $122,204 $125,870 $129,646 $133,795
Step 8 $115,614 $120,238 $124,567 $128,304 $132,153 $136,382
147
Enterprise Agreement 2023 Schedule 4
Professional Staff Salary Scales (cont.)
2022 Rate
FFPPOA
successful vote
FFPPOA
01-Jan-24
FFPPOA
30-Sep-24
FFPPOA
30-Sep-25
FFPPOA
31-Mar-26
4.0%
increase
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
HEO 9
Step 1 $117,369 $122,064 $126,458 $130,252 $134,160 $138,453
Step 2 $119,648 $124,434 $128,914 $132,781 $136,764 $141,141
Step 3 $121,970 $126,848 $131,415 $135,357 $139,418 $143,879
Step 4 $124,342 $129,316 $133,971 $137,990 $142,130 $146,678
HEO 10
Step 1 $125,504 $130,524 $135,223 $139,280 $143,458 $148,049
Step 2 $133,058* $137,848 $141,984 $146,243 $150,923
Step 3 $135,641* $140,524 $144,740 $149,082 $153,853
Step 4 $138,275* $143,253 $147,550 $151,977 $156,840
*Increments for HEO Level 10 will not apply until after commencement of the Agreement.
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La Trobe UniversitySchedule 4
Casual Professional Staff Rates
Casual professional staff will be paid (per hour) for all work performed at an hourly rate derived from the weekly
rate for a full-time staff member in the same classication. A 36.25 hour week will be used as the basis for
deriving an ordinary hourly rate to which will be added a 25% casual loading. The casual loading is
payable in lieu of benets not provided to casual professional staff as set out in this Agreement.
Casual Professional Staff Rates
2022
Rate
FFPPOA
successful
vote
FFPPOA
commence-
ment
FFPPOA
01-Jan-
24
FFPPOA
30-Sep-
24
FFPPOA
30-Sep-
25
FFPPOA
31-Mar-
26
4.0%
increase
Change
in Rate
Divisor
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
Casual HEO 1 $32.82 $34.14 $35.20 $36.46 $37.56 $38.69 $39.92
Casual HEO 2 $35.26 $36.67 $37.81 $39.17 $40.35 $41.56 $42.89
Casual HEO 3 $37.01 $38.49 $39.67 $41.10 $42.33 $43.60 $45.00
Casual HEO 4 $42.22 $43.91 $45.26 $46.89 $48.30 $49.75 $51.34
Casual HEO 5 $45.70 $47.52 $48.99 $50.75 $52.28 $53.84 $55.57
Casual HEO 6 $52.64 $54.75 $56.44 $58.48 $60.23 $62.04 $64.02
Casual HEO 7 $57.85 $60.17 $62.03 $64.27 $66.20 $68.18 $70.36
Casual HEO 8 $64.81 $67.40 $69.49 $71.99 $74.15 $76.37 $78.82
Casual HEO 9 $75.24 $78.24 $80.67 $83.57 $86.08 $88.66 $91.50
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Enterprise Agreement 2023 Schedule 5
SCHEDULE 5
PART-YEAR OR ANNUALISED HOURS
PROFESSIONAL EMPLOYMENT
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1. The following conditions apply to part-year professional staff employment:
(a) A part-year professional staff member is employed on a continuing or xed-term basis to work
one or more periods in a year (which may be a calendar year) as identied by the University in the
contract of appointment, or as subsequently varied by agreement with the staff member.
(b) During the periods of the calendar year that the part-year professional staff member is not required
to perform work, the staff member’s employment will continue. However, with the exception of
periods of approved paid leave, the professional staff member will be deemed to be on leave without
pay for periods when the professional staff member is not required to perform work. These periods
will not count as service for any purpose, but will not break the staff member’s continuity of service.
(c) In respect of the periods when the part-year professional staff member is working, will be paid on
the same basis as comparable, full-time or part-time continuing professional staff members, as the
case may be.
(d) Leave, including recreation leave, long service leave and personal leave will accrue during hours
worked by the part-year professional staff member. Leave, other than recreation leave and long
service leave, will only be available to the professional staff member only during the periods when
the professional staff member is working. The timing of taking recreation leave and long service leave
will be determined by the University, in consultation with the professional staff member.
(e) A part-year professional staff member will be entitled to the benet of all University Holidays that
fall on days on which the professional staff member is scheduled to work. If the University Holiday
falls on a day when the professional staff member is on leave without pay, then they are not entitled
to the benets set out in clause 41 (University Holidays).
(f) Part-year professional staff will be eligible for overtime in the same manner as full-time staff.
2. The following conditions apply to annualised hours professional staff employment:
(a) An annualised hours professional staff member is employed on a continuing or xed-term basis for a
specic number of ordinary hours within any one (1) year (which may be a calendar year).
(b) Subject to the terms of engagement, the time and manner in which the professional staff member’s
annual ordinary hours are scheduled over the year is at the discretion of the University and can be
worked over a period of less than 52 weeks.
(c) For the purposes of payment, the total number of nominated annual ordinary hours will be averaged
to a fortnightly salary.
(d) An annualised hours professional staff member will receive pro-rata leave entitlements determined
by the number of annual ordinary hours required to be worked. The timing of taking recreation leave
and long service leave will be determined by the University, in consultation with the professional
staff member.
(e) An annualised hours professional staff member will be entitled to the benet of all University
Holidays that fall on days on which the professional staff member is scheduled to work. If the
University Holiday falls on a day when the professional staff member is not scheduled to work, then
they are not entitled to the benets set out in clause 41 (University Holidays).
(f) An annualised hours professional staff member will be eligible for overtime in the same manner as a
full-time professional staff member. In respect of such overtime hours, those overtime hours are in
addition to the annualised ordinary hours for which the professional staff member is engaged. There
is no accrual of leave entitlements (howsoever described) in respect of overtime hours worked by the
professional staff member.
(g) Where in any year, with the agreement of the University, an annualised hours professional staff
member works in excess of the number of ordinary hours in the year for which they are engaged,
the payment for the additional ordinary hours worked will be made in the rst available pay period
following receipt of a valid claim from the professional staff member. Any additional ordinary hours
worked will be taken into account in the calculation of leave entitlements.
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Enterprise Agreement 2023 Schedule 5
(h) In the event that the number of annualised ordinary hours for which an annualised hours professional
staff member is engaged are altered by agreement then the University and the professional
staff member will ensure that from the date such change takes effect, appropriate reconciliation
arrangements in respect of pay and hours have been made.
(i) In the event that the employment of an annualised hours professional staff member ceases, for
whatever reason, a reconciliation of the ordinary hours worked and the payments (howsoever
described) paid to the professional staff member, will be performed and:
(i) if the professional staff member has received a payment (howsoever described) in respect
of work or hours which are not then worked by the professional staff member, that payment
must be repaid by the professional staff member to the University as at the date when
the employment ceases. If the payment is not repaid, the University may offset any such
amounts against any payments or entitlements owing to the professional staff member on the
termination of their employment; and
(ii) if the professional staff member has performed work with the agreement of the University for
which the professional staff member has not been paid by the University, the University will
pay to the professional staff member the outstanding amount as at the date the employment
ceases.
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La Trobe UniversitySchedule 6
SCHEDULE 6
APPRENTICES
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Enterprise Agreement 2023 Schedule 6
1. This Schedule will apply to Apprentices who are undertaking an Apprenticeship pursuant to clause 11
(Fixed-term Employment).
2. Apprentices will receive a salary calculated using the following percentages, of the ordinary rate of pay
for level 3 set out in Schedule 3 of this Agreement:
(i) 1st year - 55%
(ii) 2nd year - 65%
(iii) 3rd year - 80%
(iv) 4th year - 95%
provided that the University will ensure that apprentices employed under this Agreement will be paid at
a rate not less than the rate provided in the Higher Education Industry – General Staff – Award 2020 or
other modern award as applicable from time to time. Where the rates in the Agreement are higher than
those set out in the Award, the Agreement rates will apply.
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La Trobe UniversitySchedule 7
SCHEDULE 7
TRAINEES
155
Enterprise Agreement 2023 Schedule 7
1. This Schedule will apply to University Trainees who are undertaking a Traineeship pursuant to clause 11
(Fixed-term Employment).
2. At the conclusion of the Traineeship, this Schedule ceases to apply to the employment of the Trainee
and the relevant provisions of this Agreement will apply to the former Trainee.
Denitions
For the purpose of this Schedule, the following denitions will apply.
Term Denition
Approved Training means that training which is specied in the Training Plan which is part of the Training
Agreement registered with the relevant State or Territory Training Authority. It includes
training undertaken both on and off-the-job in a Traineeship and involves formal
instruction, both theoretical and practical, and supervised practice. The training
reects the requirements of a National Training Package or a Traineeship Scheme and
leads to a qualication under the Australian Qualication Framework.
Relevant State or
Territory Training
Authority
means the bodies in the relevant State or Territory which exercise approval powers in
relation to traineeships and register training agreements under the relevant State or
Territory vocational education and training legislation.
Relevant State
or Territory
Legislation
means the Victorian Education and Training Accreditation Act 1990 or any successor.
Trainee is an individual who is a signatory to a Training Agreement registered with the relevant
State/Territory Training Authority and is involved in paid work and structured training
which may be on or off-the-job. “Trainee” does not include an individual who already
has the competencies to which the traineeship is directed.
Traineeship means a system of training which has been approved by the relevant State or
Territory Training Authority, or which meets the requirements of a National Training
Package developed by a National Industry Training Advisory Board and endorsed by
the National Training Framework Committee, which leads to an Australian Qualications
Framework qualication specied by that National Training Package, and includes full-
time traineeships and part-time traineeships including school-based traineeships.
Training
Agreement
means an agreement for a Traineeship made between the University and a Trainee
which is registered with the relevant State or Territory Training Authority.
Training Package means the competency standards, assessment guidelines and Australian Qualications
Framework qualication endorsed for an industry or enterprise by the National Training
Framework Committee and placed on the National Training Information Service with
the approval of Commonwealth, State and Territory Ministers responsible for vocational
education and training.
Training Plan means a programme of training which forms part of a Training Agreement registered
with the relevant State or Territory Training Authority.
Year 10 for the purposes of this Agreement any person leaving school before completing Year
10 will be deemed to have completed Year 10.
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La Trobe UniversitySchedule 7
Training Conditions
3. The Trainee will attend an approved training course or training program prescribed in the Training
Agreement or as notied to the Trainee by the relevant State or Territory Training Authority in
accredited and relevant Traineeship Schemes.
4. Employment as a Trainee under this Agreement will not commence until the relevant Training
Agreement, made in accordance with a Training Scheme, has been signed by the University and the
Trainee and lodged for registration with the relevant State or Territory Training Authority, provided that
if the Training Agreement is not in a standard format employment as a Trainee will not commence until
the Training Agreement has been registered with the relevant State or Territory Training Authority. The
University will ensure that the Trainee is permitted to attend the training course or program provided for
in the Training Agreement and will ensure that the Trainee receives the appropriate on-the-job training.
5. The University will provide a level of supervision in accordance with the Traineeship agreement during
the Traineeship period.
6. The provisions of the relevant State and Territory Legislation dealing with the monitoring by ofcers of
the relevant State or Territory Training Authority and the use of training records or work books as part of
this monitoring process will apply to traineeships under this Agreement.
Employment Conditions
7. A full-time Trainee will be engaged for a maximum duration of one (1) year provided that a Trainee will
be subject to a satisfactory probation period of up to one month. By agreement in writing, and with
the consent of the relevant State or Territory Training Authority, the University and the Trainee may
vary the duration of the Traineeship and the extent of approved training provided that any agreement
to vary is in accordance with the relevant Traineeship Scheme. A part-time Trainee will be engaged in
accordance with the provisions of clause 8 of this Schedule.
8. Where the Trainee completes the qualication, earlier than the time specied in the Training Agreement,
then the Traineeship may be concluded by mutual agreement.
9. Termination of employment of Trainees will be specied in the Training Agreement, or in the relevant
State of Territory Training Legislation. The University will initiate such action by giving written notice to
the Trainee at the time the action is commenced. The provisions of clauses 67 (Misconduct and Serious
Misconduct) and 69 (Unsatisfactory Performance) in this Agreement will not apply to Trainees employed
pursuant to this Schedule.
10. A Trainee will be permitted to be absent from work without loss of continuity of employment and/or
wages to attend the approved training.
11. Where the employment of a Trainee by the University is continued after the completion of the
traineeship period, such Traineeship period will be counted as service for the purposes of this
Agreement.
Trainees Working Overtime
12. Reasonable overtime may be worked by a Trainee provided that it does not affect the successful
completion of the Approved Training.
13. No Trainee will work overtime on their own unless consistent with the provisions of this Agreement.
14. No Trainee will work shift work.
15. The Trainee wage will be the basis for the calculation of overtime rates prescribed in clause 37 (Overtime
– Professional Staff) of this Agreement.
16. All other terms and conditions of this Agreement that are applicable to the Trainee will apply unless
specically varied by this Schedule.
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Enterprise Agreement 2023 Schedule 7
17. A Trainee who fails to either complete the Traineeship or who cannot for any reason be placed in full-
time employment by the University on successful completion of the Traineeship will not be entitled to
any severance payments payable pursuant to clauses 66 (Redundancy Procedures) and subclause 11.10
(Severance Payment - Fixed-term staff) of this Agreement.
18. It is not intended that existing staff will be displaced from employment by Trainees.
Wages
19. The wages payable to Trainees are provided for in clause 23 of this Schedule.
Part-time Traineeships
20. This subclause will apply to Trainees who undertake a Traineeship on a part-time basis by working less
than full-time hours and by undertaking the approved training at the same or lesser training time than a
full-time Trainee.
21. Employment Conditions for all Part-time Trainees:
(a) A part-time Trainee will receive, on a pro rata basis, all employment conditions applicable to a full-
time Trainee. All the provisions of this Agreement will apply to part-time trainees except as specied
in this clause.
(b) A Trainee undertaking a school based Traineeship may, with the agreement of the Trainee, be paid
an additional loading 25 per cent on all ordinary hours in lieu of recreation leave, personal leave and
University Holidays. Notwithstanding this, where a Trainee is called upon to work on a University
Holiday the provisions of the relevant award will apply.
(c) A part-time Trainee may, by agreement, transfer from a part-time to a full-time traineeship position
should one become available.
(d) The engagement periods specied in this Schedule will also be applicable to part-time Trainees.
General Formula
22. For Traineeships not covered by this Schedule the following formula for the calculation of wage rates will
apply:
(a) The wage rate will be pro rata of the full-time rates based on variation in the amount of training and/or
the amount of work over the period of the traineeship which may also be varied on the basis of the
following formula:
Full-time Wage Rate x Trainee hours - average weekly training time
0.8 FTE of full-time ordinary hours
(b) Full-time wage rate means the appropriate rate as set out in Schedule 3 of this Agreement.
(c) Trainee hours will be the hours worked per week including the time spent in approved training.
(d) Average weekly training time is based upon the length of the Traineeship specied in the Traineeship
agreement or Training Agreement as follows:
7 x 12
Length of the Traineeship in months
Note: 7 in the above formula represents the average weekly training time (20%) for a full-time Trainee
whose ordinary hours are 35 per week to 31 December 2023 and 36.25 hours from the FFPPOA 1 January
2024.
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La Trobe UniversitySchedule 7
23. The Traineeship agreement will require a Trainee to be employed for sufcient hours to complete
all requirements of the Traineeship, including the on the job work experience and demonstration of
competencies the parties also note that this would result in the equivalent of a full day’s on the job work
per week.
Traineeship Rates
2022 Rate
FFPPOA
successful
vote
FFPPOA
01-Jan-24
FFPPOA
30-Sep-24
FFPPOA
30-Sep-25
FFPPOA
31-Mar-26
4.0%
increase
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
Year 10
Years out of
school
0 (50%)* $18,748 $19,498 $20,199 $20,805 $21,430 $22,115
0 (33%)* $21,238 $22,088 $22,883 $23,570 $24,277 $25,054
1 $24,766 $25,756 $26,683 $27,484 $28,308 $29,214
2 $29,329 $30,502 $31,600 $32,548 $33,525 $34,598
3 $33,582 $34,926 $36,183 $37,269 $38,387 $39,615
4 $38,458 $39,996 $41,436 $42,679 $43,960 $45,366
5 or more $43,540 $45,281 $46,911 $48,319 $49,768 $51,361
Year 11
Years out of
school
0 (33%)* $29,329 $30,502 $31,600 $32,548 $33,525 $34,598
0 (25%)* $21,238 $22,088 $22,883 $23,570 $24,277 $25,054
1 $29,329 $30,502 $31,600 $32,548 $33,525 $34,598
2 $33,582 $34,926 $36,183 $37,269 $38,387 $39,615
3 $38,458 $39,996 $41,436 $42,679 $43,960 $45,366
4 $43,540 $45,281 $46,911 $48,319 $49,768 $51,361
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Enterprise Agreement 2023 Schedule 7
Traineeship Rates
2022 Rate
FFPPOA
successful
vote
FFPPOA
01-Jan-24
FFPPOA
30-Sep-24
FFPPOA
30-Sep-25
FFPPOA
31-Mar-26
4.0%
increase
3.6%
increase
3.0%
increase
3.0%
increase
3.2%
increase
Year 12
Years out of
school
0 $29,329 $30,502 $31,600 $32,548 $33,525 $34,598
1 $33,582 $34,926 $36,183 $37,269 $38,387 $39,615
2 $33,367 $34,702 $35,951 $37,030 $38,141 $39,361
3 $38,217 $39,746 $41,177 $42,412 $43,685 $45,082
School Based Traineeships
Year 11 $22,897 $23,813 $24,670 $25,410 $26,173 $27,010
Year 12 $24,766 $25,756 $26,683 $27,484 $28,308 $29,214
160
La Trobe UniversitySchedule 8
SCHEDULE 8
LOCAL FLEXIBILITY
ARRANGEMENTS
161
Enterprise Agreement 2023 Schedule 8
1. Plant Attendants
1.1 Plant Attendants Employed Prior to this Agreement - Overtime and Shiftwork
(a) This clause 1 only applies to Plant Attendants employed by the University prior to the
commencement of this Agreement.
(b) Any Plant Attendants employed after the commencement of this Agreement will be covered by
regular Overtime – Professional Staff (Clause 37) and Shift Work – Professional Staff (Clause 36)
provisions of this Agreement.
1.2 Plant Attendants Overtime
The following provisions will apply to Plant Attendants:
(a) The University will require overtime to be worked on Saturdays and Sundays and will pay a minimum
of four (4) hours’ overtime for each Saturday and Sunday worked by each Plant Attendant. The
penalty payments for such overtime will be:
(i) Saturday, time and a half for the rst three hours and double time thereafter;
(ii) Sundays, double time.
(b) The University is exible concerning the structure of hours to be worked by the Plant Attendants
provided the following conditions are met:
(i) the hours to be worked are subject to the endorsement of the supervisor;
(ii) that the hours of work meet the operational requirements of the University;
(iii) that the exible hours of work agreed between the University and the Plant Attendants will not
result in further penalty payments other than the overtime as set out in subclause 1.2(a) above.
1.3 Plant Attendants Shift Work
(a) The ordinary hours of work will be as specied in Clause 34 (Hours of Work – Professional Staff)
of this Agreement. The ordinary hours of work will not exceed ten (10) hours on any shift including
such time as by mutual agreement may be taken for meals. Provided further that in any arrangement
of ordinary working hours where the ordinary working hours exceed eight (8) hours on any day, the
arrangement of hours will be subject to the agreement of the University and the majority of the staff
members concerned.
(b) There will be a roster of shifts which will:
(i) provide for rotation unless all the staff members concerned desire otherwise;
(ii) provide for no more than eight (8) shifts to be worked in any nine (9) consecutive days; and
(iii) not be changed until after four (4) weeks’ notice.
Provided that a staff member’s place on such roster will not be changed except on one (1) week’s
notice of such change or payment of penalty rates. So far as staff members present themselves for
work in accordance therewith, shifts will be worked according to the roster.
(c) Notwithstanding the preceding subclauses (a) and (b), where in any particular workshop, factory or
working place at which a staff member working on shift is engaged the majority of the staff member’s
working on shift therein work shifts not in accordance with subclauses (a) and (b) hereof, such staff
member for their ordinary hours of work may be required by the University to work shifts similar in
length, roster conditions and crib-times to those of such majority but this subclause will not apply
when such shifts exceed in the aggregate 152 hours in any period of four (4) consecutive weeks, in
which case the preceding subclauses (a) and (b) will apply.
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La Trobe UniversitySchedule 8
(d) For work done by a shift worker outside the ordinary hours of their shift double time will be paid.
But this will not apply to arrangements between the staff members themselves or in cases due to
rotation of shift or when the relief does not come on duty at the proper time. For all time of duty after
the staff member has nished their ordinary shift such unrelieved staff member will be paid time and
a half for the rst eight (8) hours and double time thereafter. Where the University has been given
at least seven (7) hours’ notice a staff member rostered to relieve a shift worker will not attend to do
so at the proper time, all time spent on duty by the unrelieved shift worker after completion of their
normal shift will be paid for at the rate of double time.
(e) Shift workers, whilst on afternoon and night shifts, will be paid 15 per cent more than the ordinary rate
for such shifts. Shift workers who work on any afternoon and night shifts, will be paid 15 per cent more
than the ordinary rate for such shifts. Shift workers who work on any afternoon or night shift which
does not continue for at least ve successive afternoons or nights in a ve (5) day workshop or for
at least six (6) successive afternoons or nights in a six (6) day workshop will be paid for each shift
50% for the rst three (3) hours thereof and 100% for the remaining hours thereof in addition to their
ordinary rate. A staff member who:
(i) during a period of engagement or shift, works night shift only; or
(ii) remains on night shift for a longer period than four (4) consecutive weeks; or
(iii) works on a night shift which does not rotate or alternate with another shift or with day work so
as to give the staff member at least one-third of their working time off night shift in each shift
cycle; will during such engagement, period or cycle be paid 30 per cent more than their ordinary
rate for all time worked during ordinary working hours on such night shifts.
(f) Denitions. For this subclause:
Day shift means any shift starting at or after 6.00 am and before 10.00 am.
Afternoon shift means any shift starting at or after 10.00 am and before 8.00 pm.
Night shift means any shift starting at or after 8.00 pm and before 6.00 am.
(g) Staff members working shifts will be paid for work performed between midnight on Friday and
midnight on Saturday at the minimum rate of time and one-half. This extra rate will be in substitution
for and not cumulative upon the shift premiums prescribed in the preceding paragraphs of this
subclause, but the provisions of this paragraph will not prejudice any right of the staff member
to obtain alternatively, any higher rate in respect of that work by virtue of any provision of this
Agreement.
(h) Notwithstanding the preceding subclause (e) where in any particular workshop, factory or working
place at which a staff member working on shift is engaged the majority of the staff member
working on shift therein receive higher shift premiums for working such shifts than those provided
by subclause (e), such staff member will be paid such higher shift premiums in substitution for the
provisions of subclause (e).
(i) Where in any particular workshop, factory or working place at which a staff member working on shift
is engaged for the majority of the staff members working on shift therein receive compensation
by way of annual leave or otherwise for working Saturday, holiday and/or Sunday shifts, such staff
member will be given similar compensation for working shifts.
(j) A shift worker whose rostered day off falls on a University Holiday will at the discretion of the
University be paid for that day at ordinary rates or have an additional day added to their recreation
leave. This provision will not apply when the holiday on which the staff member is rostered off falls on
a Saturday or Sunday.
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Enterprise Agreement 2023 Schedule 8
2. On-Call Arrangements for Information Services (IS)
2.1 This Local Flexibility Arrangement has been developed to address the University’s need to provide
continuous support for IS infrastructure, including networking, hardware, facilities and other services.
2.2 IS is required to provide 24 hour support for IS infrastructure, including networking, hardware, facilities and
other services. The following applies to IS staff who have been identied by the Chief Information Ofcer
to be part of the on-call roster.
(a) An on-call week is dened as seven (7) continuous days.
(b) Staff will not be required to be on-call any more than an average of one (1) week in three (3) over a
one (1) year period and not more than one (1) week in two (2) to cover absences. Staff may choose to
be on-call more than one (1) week in three (3) which will be allowed subject to approval by the Chief
Information Ofcer or delegate.
(c) Staff will be provided with t for purpose tools to address issues remotely. Where call outs cannot be
resolved remotely, the staff member must attend on-site to deal with the problem.
(d) Staff can claim distance travelled at the standard rate for call outs that require onsite attendance, or
be reimbursed for the cost of a taxi.
(e) On-call staff must remain in a t state to work and:
(i) must be able to attend on-site within a reasonable time, no more than (two) 2 hours; and
(ii) must be able to commence remote work within one (1) hour.
(f) Staff will be paid a 40% loading on their base weekly salary for each full week on-call. On-call periods
of less than one (1) week’s duration will be paid an equivalent daily pro rata rate.
(g) Staff who are required to deal with a call or calls remotely will be paid a minimum of one (1) hour
at their normal hourly rate. Calls that occur within one (1) hour of a previous call will be treated as a
continuation of the previous call.
(h) Staff who are required to attend on-site to deal with a call out will be paid a minimum of three (3)
hours at their normal hourly rate, including pay for travel time. Calls that occur within three (3) hours
of a previous call will be treated as a continuation of the previous call.
(i) Subject to this clause, staff members who respond to a call will be entitled to a ten (10) hour break
between completion of the call and the start of their next rostered shift, without loss of pay for any
delayed commencement of a rostered shift due to this clause.
(j) Notwithstanding the subclause (i) above, where a staff member is required to attend to a call out
within three (3) hours prior to the commencement of their next period of work:
(i) There will be no requirement for a further ten (10) hour break if that break has already been
achieved;
(ii) the staff member will be deemed to have commenced their period of work from the
commencement time of attending for the call out;
(iii) the staff member will work from that time and nish work after working the same number of
hours they would have worked in the rostered period of work; and
(iv) the staff member will be entitled to overtime in accordance with clause 37 (Overtime –
Professional Staff) if the deemed start time is outside of the span of hours, for any hours worked
outside the span of hours.
(k) All other ad hoc stand by and call out arrangements will be paid in accordance with Clause 37
(Overtime – Professional Staff) of this Agreement.
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Examples
Ash works a regular shift on Tuesday from 9am until 5pm. At 12am (midnight), Ash responds to a call and
completes the call out at 12.15am. Ash will be entitled to a ten (10) hour break before their next shift begins
(that is, their next shift cannot begin until 10.15am, but will still nish at the regular time of 5pm without loss
of pay).
Casey works a regular shift on Tuesday from 9am until 5pm. At 6am Wednesday, Casey responds to their
rst call. Casey is scheduled to work another shift at 9am on Wednesday. Casey is not entitled to an
additional ten (10) hour break. Casey’s shift will begin at 6am Wednesday and end at 2pm Wednesday.
Casey is paid at the relevant overtime rate for work outside the span of hours in accordance with clause 3
(i.e. from 6am – 7.30am).
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Enterprise Agreement 2023 Schedule 9
SCHEDULE 9
TRANSITION ARRANGEMENTS
FOR INCREASED WORKING HOURS
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1. Professional Staff work hours
1.1 Professional staff members will transition to the new full-time ordinary hours of work (36.25 hours per
week) or part-time/fractional equivalent, from the FFPPOA 1 January 2024, unless they decide to maintain
their pre-existing ordinary hours of work.
1.2 Professional staff who elect to maintain their pre-existing ordinary hours of work will reduce their time-
fraction and will be a part-time/fractional staff member in accordance with clause 17.
1.3 Professional staff who have transitioned to the new full-time ordinary hours of work or part-time/
fractional equivalent will, in consultation with their supervisor, determine how the additional working hours
will be performed, which may include:
(a) Commencing work earlier;
(b) Finishing work later;
(c) Taking a shorter meal break, provided the minimum meal break of 30 minutes is observed; or
(d) An alternative arrangement agreed between the staff member and the supervisor.
1.4 Professional staff who commence employment at the University after the FFPPOA 1 January 2024 can
elect on the commencement of their employment to work a 35 hour week as a part-time/fractional staff
member.
Examples
Sasha is a full-time professional staff member working 7 hours per day, Monday to Friday. Sasha has
decided that they will maintain their pre-existing ordinary hours of work, and informs the University of this.
Sasha will become a part-time staff member working a 0.9655 FTE time-fraction from FFPPOA 1 January
2024.
Riley is a part-time professional staff member working 7 hours per day, Tuesday to Thursday, equaling 21
hours per week. Riley’s standard hours of work are 8am to 4pm, including a one-hour meal break for lunch.
Riley transitioned to the new full-time hours of work, at their part-time equivalent, being 21.75 hours per
week. Riley decided to work the additional 45 minutes per week by reducing their meal break to 45 minutes
each day.
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2. Academic Staff work hours
2.1 Academic staff members will transition to the new full-time ordinary hours of work (1827 per year) or
part-time/fractional equivalent, from the FFPPOA 1 January 2024, unless they decide to reduce their
time-fraction and be a part-time/fractional staff member in accordance with clause 17.
2.2 The University will not refuse a request from an academic staff member to reduce their time-fraction by
up to 5% under subclause 2.1.
2.3 Academic staff who commence employment at the University after the FFPPOA 1 January 2024 can
elect on the commencement of their employment to work a reduced time-fraction of up to 5%.
Example
Frankie is a full-time academic staff member who has decided that they do not wish to increase their
work hours as part of the transition to the new full-time ordinary hours of work. To enable their fortnightly
salary to remain consistent, they have elected to reduce to a 0.9655 time-fraction, which means from an
administrative perspective, their salary and leave entitlements will continue to be calculated on a 35 hour
week.
Frankie’s annual workload hours will be 1764 hours, consisting of:
• 1624 allocated annual hours
• 140 hours of recreation leave
3. Leave accruals
3.1 Staff members who transition to the new full-time ordinary hours of work or part-time/fractional
equivalent from the FFPPOA 1 January 2024, will have their accrued leave balances adjusted to reect a
36.25 hour week.
3.2 Leave balances will not be adjusted for staff who do not transition to the new full-time ordinary of part-
time/fractional equivalent hours of work.
Example
The below table shows a practical example of how the leave balances will be adjusted for a full-time staff
member who transitions to the new full-time ordinary hours of work.
Leave type Balance prior to transition Balance after transition
Recreation leave 70 hours (2 weeks) 72.5 hours (2 weeks)
Long Service leave 350 hours (10 weeks) 362.5 hours (10 weeks)
Personal leave 294 hours (8.4 weeks) 304.5 hours (8.4 weeks)
The below table shows a practical example of how the leave balances will be adjusted for a part-time staff
member who was working 21 hours per week and transitions to the new full-time equivalent ordinary hours
of work of 21.75 hours per week.
Leave type Balance prior to transition Balance after transition
Recreation leave 63 hours (3 weeks) 65.25 hours (3 weeks)
Long Service leave 105 hours (5 weeks) 108.75 hours (5 weeks)
Personal leave 50.4 hours (2.4 weeks) 52.2 hours (2.4 weeks)
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SCHEDULE 10
DEFINITIONS
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Enterprise Agreement 2023 Schedule 10
Term Meaning
2018 Agreement The La Trobe University Collective Agreement 2018
Academic Staff Staff appointed to an academic position and/or who are engaged to perform teaching
and/or research.
Academic Year The period of time from the rst day of Semester 1 in any year to the day preceding the
rst day of Semester 1 in the following year, both inclusive.
Agreement The La Trobe University Enterprise Agreement 2023
Caring
responsibilities
Caring responsibilities can include caring for young children; for children or adults with
disabilities, mental illness or chronic illness; or for older people.
Casual Staff
or Casual
Employment
A staff member who is engaged in employment by the hour to carry out duties set out
in either Schedules 1 (for Professional Staff) or Schedule 2 (for Academic Staff). May
also be referred to as “Casual Professional Staff” or “Casual Academic Staff”.
Contingent
Funding
limited term funding provided from external sources, but not funding that is part of an
operating grant from government or comprised of payments of fees made by or on
behalf of students.
Continuing
Employment
all employment other than Research Continuing employment, Fixed-term
Employment or Casual Employment.
Elected NTEU
representative
is a staff member who:
(i) holds the ofce of President, Vice-President, Secretary or Treasurer of the NTEU
La Trobe Branch or who is a duly elected member of the Executive, Council or
Branch Committee of the NTEU; and
(ii) is required to assist the NTEU from time to time on request by the NTEU.
Family and
Domestic
Violence
has the same meaning as “family violence” as dened in subsection 106B (2) of the
FW Act, with the exception of the words “close relative” being substituted by the
University’s denition of immediate family member.
FFPPOA rst full pay period on or after.
Fixed-term
Employment
employment for a specied term or ascertainable period.
FTE Full-time Equivalent
FW Act the Fair Work Act 2009 (Cth) as amended.
FWC the Fair Work Commission or successor body.
HEO the Higher Education Ofcer (HEO) classication level of Professional Staff as set out
in Schedule 1 of this Agreement.
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Term Meaning
Immediate family
member
(i) partner, former partner, child, foster child, grandchild, parent, legal guardian,
grandparent, siblings of the staff member;
(ii) child, foster child, parent, legal guardian, grandparent, grandchild, siblings of the
staff member’s partner or former partner;
(iii) a relative who has taken the place of a parent;
(iv) a person for who the staff member has caring responsibilities arising from an
Indigenous kinship relationship of equivalent status to (i) – (iii) above or is the
Indigenous kin of the person for who they have caring responsibilities and is
accepted by their community as having an Indigenous kinship relationship with
that person.
(v) a person from the chosen family of the staff member, being a family of non-
kinship bonds (whether legally recognised or not) that is based on foundations
of love, understanding, and acceptance, for who the staff member has caring
responsibilities.
Medical
Certicate
includes a certicate from a medical practitioner or health professional (including
a doctor, dentist, physiotherapist, chiropractor, osteopath, optometrist, naturopath,
clinical or counselling psychologist).
MSAL Minimum Standards for Academic Levels as set out in Schedule 2 of this Agreement.
NES National Employment Standards
NTEU the National Tertiary Education Industry Union.
NTEU workplace
representative
a staff member and NTEU member who is appointed:
(i) on a formal or ofcial University committee as a nominee of the NTEU;
(ii) to act as a Representative for University NTEU members’ interests in the
workplace on industrial relations matters;
(iii) to attend hearings or meetings of FWC or other tribunals on behalf of the NTEU La
Trobe Branch; or
(iv) to attend State and National Council meetings on behalf of the NTEU La Trobe
Branch.
Ordinary rate of
pay or ordinary
hourly rate
the rate payable to a staff member in accordance with Schedule 3 and Schedule 4 of
this Agreement without any loadings or additional payments, except where otherwise
provided for in this Agreement.
Parties the parties to this Agreement are:
(a) The NTEU;
(b) La Trobe University; and
(c) All staff of La Trobe University excluding the Vice-Chancellor and Senior
Executives.
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Enterprise Agreement 2023 Schedule 10
Term Meaning
Partner in respect of a staff member, is their spouse or de facto partner.
Performance
Development
Framework
the University’s performance development systems and processes, set out in the
University’s Policies and Procedures, as amended from time to time.
Professional Staff all staff other than Academic Staff.
Recognised
Emergency
Management Body
(a) A body, or part of a body, that has a role or function under a plan that is for coping
with emergencies or disasters and the plan is prepared by the Commonwealth or a
State or Territory; or
(b) Any other body with the substantial purpose of securing the safety of persons
or animals in an emergency or national disaster or otherwise responding to an
emergency or national disaster.
Representative a friend or colleague (but this person will not be a practicing solicitor or barrister), or
Union which may be the NTEU.
Research
Continuing
a staff member (academic or professional staff) engaged in accordance with clause
15.
Senior Executives Staff who report directly to the Vice-Chancellor with executive decision-making
powers.
Senior Leader A leader who provides line management of the supervisor, at a level no lower than
Dean, Executive Director or equivalent.
Social, medical or
legalafrmation
Gender afrmation processes differ with each individual, but may include:
• Social afrmation (for example, adopting the dress and style of presentation
that better aligns with their gender identity and expression, and changing their
pronouns and/or name);
• Medical afrmation (for example, surgery, hormone therapy, attendance at
medical and/or counselling appointments, and rest and recovery from medical
procedures); and/or
• Legal afrmation (for example, legally changing their name and/or gender marker
on personal identication documents such as their passport, birth certicate,
drivers’ licence or banking documents).
Staff All persons who are employed by the University and to who this Agreement applies as
set out in clause 2.
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Term Meaning
Suitable vacant
position
A vacant position:
• for which the staff member has the skills and qualications to undertake;
• in which the staff member could perform satisfactorily within a six (6) month
period (including any requirement to update skills and experience);
• at the same time fraction as the staff member’s redundant role (or an alternate
fraction if the staff member agrees);
• at the same classication level as the staff member’s redundant role, or for
professional staff it may be one at a higher classication level than the staff
member’s redundant role where the staff member has been working at a higher
classication level on a temporary basis and in receipt of salary payments or a
Higher Duties Allowance at the higher classication level for at least twelve (12)
months in the two (2) years prior to their redeployment; and
• at the same or similar work or campus location as the staff member’s redundant
role, or at another work or campus location provided it does not require an
unreasonable geographical relocation between metropolitan locations, from
a metropolitan location to a regional location, from a regional location to a
metropolitan location, or between regional locations.
Supervisor the person who is identied as the supervisor by the University
Teaching period a period during the Academic Year that the University nominates as a period within
which teaching and assessment occurs.
University La Trobe University.
University Holiday Those days listed as University holidays under clause 41 of this Agreement
Voluntary
Emergency
Management
Activity
Where:
• a staff member engages in an activity that involves dealing with an emergency
or natural disaster; and
• the staff member engages in the activity on a voluntary basis; and
• the staff member is a member or has a member-like association with a
Recognised Emergency Management Body; and
• the staff member was requested by or on behalf of the body to take part in the
activity, or if no such request was made, it would be reasonable to expect that
such a request would have been made if the circumstances had permitted the
making of the request.
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Enterprise Agreement 2023 Schedule 11
SCHEDULE 11
END OF YEAR CLOSEDOWN
CALENDAR
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La Trobe UniversitySchedule 11
December 2023 / January 2024
Sunday
17
Monday
18
Tuesday
19
Wednesday
20
Thursday
21
Friday
22
Saturday
23
Sunday
24
Monday
25
Tuesday
26
Wednesday
27
Thursday
28
Friday
29
Saturday
30
Christmas
Day
Boxing
Day
EOY
Closedown
Day
EOY
Closedown
Day
EOY
Closedown
Day
Sunday
31
Monday
1
Tuesday
2
Wednesday
3
Thursday
4
Friday
5
Saturday
6
New Year’s
Day
EOY
Closedown
Day
Re Open
December 2024 / January 2025
Sunday
22
Monday
23
Tuesday
24
Wednesday
25
Thursday
26
Friday
27
Saturday
28
EOY
Closedown
Day
Christmas
Day
Boxing
Day
EOY
Closedown
Day
Sunday
29
Monday
30
Tuesday
31
Wednesday
1
Thursday
2
Friday
3
Saturday
4
EOY
Closedown
Day
EOY
Closedown
Day
New Year’s
Day
Re Open
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Enterprise Agreement 2023 Schedule 11
December 2025 / January 2026
Sunday
21
Monday
22
Tuesday
23
Wednesday
24
Thursday
25
Friday
26
Saturday
27
Christmas
Day
Boxing
Day
Sunday
28
Monday
29
Tuesday
30
Wednesday
31
Thursday
1
Friday
2
Saturday
3
EOY
Closedown
Day
EOY
Closedown
Day
EOY
Closedown
Day
New Year’s
Day
EOY
Closedown
Day
Sunday
4
Monday
5
Tuesday
6
Wednesday
7
Thursday
8
Friday
9
Saturday
10
Re Open
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La Trobe UniversitySchedule 12
SCHEDULE 12
AGRIBIO
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Enterprise Agreement 2023 Schedule 12
PART 1
GENERAL
PART 1 - GENERAL 177
1. Schedule Title and Arrangement 177
2. Denitions 179
3. Application of this Schedule 179
4. Relationship to Other Agreements 179
5. Consultation, Change and Flexibility 180
6. Employment Categories and Entitlements 180
7. Workload 181
8. Performance Development 181
9. Termination and Redundancy 181
10. Costs of Employment Related Legal Proceedings 182
Schedule Title and Arrangement
1.1 Title
This Schedule will be known as the La Trobe Biosciences Research Centre Schedule.
1.2 Arrangement
PART 3: UNIVERSITY AND STAFF MEMBERS’ DUTIES,
EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 180
PART 2: CONSULTATION, CHANGE AND FLEXIBILITY 180
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PART 4: SALARY CLASSIFICATIONS AND RELATED MATTERS [LTU] 182
11. SalariesandClassications 182
12. Supplementary Salary 182
13. Payment of Salaries 183
14. Salary Packaging 183
15. Allowances – Work or Conditions 184
16. Allowances – Reimbursement of Expenses 184
17. Superannuation 185
PART 5: HOURS OF WORK AND RELATED MATTERS 186
18. Hours of Work 186
19. Childcare 186
PART 6: LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 186
20. Leave Provisions 186
21. Purchased Leave 186
22. Leave to Attend Rehabilitation Program 187
23. Recognition of Prior Service for Long Service Leave Purposes 188
PART 7: TRANSFERS AND RELOCATIONS 189
24. Temporary Transfer Between Work Locations 189
PART 8: OCCUPATIONAL HEALTH AND SAFETY 190
25. Accident Make-up Pay 190
26. Occupational Health and Safety Training 190
27. Facilities, Equipment and Accommodation – General 190
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Enterprise Agreement 2023 Schedule 12
2. Denitions
In this document, unless otherwise provided:
“Agreement” for the purposes of this Schedule means the La Trobe University Collective Agreement 2023
excluding this Schedule.
“LTU/DJPR Researcher” means a member of academic staff of the University who is engaged as a LTU/DJPR
Researcher in the Biosciences Research Centre Pty Ltd (AgriBio) who is employed on 0.49 (or less) fractional basis
with DJPR.
“DJPR Employment” means a staff member’s part-time employment with the Department of Jobs, Precincts
and Regions (DJPR) (formerly the Department of Economic Development, Jobs, Transport and Resources) as a
Principal Scientist (or similar classication) in the Biosciences Research Centre Pty Ltd in respect of which the
staff member performs substantially the same duties as in their employment with the University as a LTU/DJPR
Researcher.
“DJPR Full-Time Employment” means a staff member’s substantive employment with DJPR (which will usually
be on a full-time ongoing basis) prior to employment as a LTU/DJPR Researcher under this Schedule, and in
respect of which the staff member has been granted leave without pay by DJPR to enable part-time employment
by the University under the Agreement.
“staff member” means a LTU/DJPR Researcher.
“Funding Agreement” means the funding agreement between DJPR and the University in respect of the
Biosciences Research Centre Pty Ltd, as it exists from time to time.
“Representative” means a friend or colleague (but this person shall not be a practicing barrister or solicitor), or
Union.
“Union” means the National Tertiary Education Industry Union or other Union as nominated by the staff member.
“University” means La Trobe University.
“University Policies and Procedures” means University policies and procedures that may be varied from time to
time and do not form part of this Agreement or Schedule.
3. Application of this Schedule
3.1 This Schedule applies to and is binding on La Trobe University in respect of all LTU/DJPR Researchers
employed in the Biosciences Research Centre Pty Ltd (AgriBio) and the Union.
3.2 No part of the Agreement (other than this Schedule) applies to LTU/DJPR Researchers unless expressly
stated in this Schedule.
4. Relationship to other Agreements
Clause 2 and Clause 3 of the Agreement applies.
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5. Consultation, Change and Flexibility
Clause 4 (Agreement Flexibility), clause 61 (Managing Change), clause 62 (Dispute Resolution Procedures)
and clause 63 (Workplace Issue Resolution Procedure) of the Agreement apply.
PART 2
CONSULTATION, CHANGE
AND FLEXIBILITY
PART 3
UNIVERSITY AND STAFF
MEMBERS’ DUTIES, EMPLOYMENT
RELATIONSHIP AND RELATED
ARRANGEMENTS
6. Employment Categories and Entitlements
6.1 Basis of Employment
(a) Staff members will be employed on an ongoing basis, but employment with the University as a LTU/
DJPR Researcher will automatically cease on and from the date upon which a staff member’s leave
without pay from DJPR Full-Time Employment ceases. Clause 9 of this Schedule (Termination and
Redundancy) will not apply in these circumstances if the staff member reverts to their DJPR Full-
Time Employment.
(b) For the avoidance of doubt, leave without pay from DJPR Full-Time Employment will be deemed to
cease if funding for the staff member’s position under the Funding Agreement between DJPR and
the University ceases.
(c) If a staff member’s DJPR Full-Time Employment is terminated the staff member will cease to be
employed as a LTU/DJPR Researcher. If the staff member is not then redeployed to another position
in the University, clause 9 of this Schedule (Termination and Redundancy) will apply if the staff
member is retrenched within the meaning of that clause.
(d) In a redeployment situation the provisions of clause 66 of the Agreement (Redundancy Procedures)
apply.
6.2 Job Information
(a) As soon as practicable after the commencement of employment, the staff member will be provided
in writing or electronically with details of the job title, classication level and job statement for their
position and relevant HR policies.
(b) The staff member will carry out the duties described in the job statement and such other duties as
directed consistent with their skills and classication descriptors.
(c) The University will provide the staff member with a copy of the Agreement.
(d) The University will ensure that an induction process is developed and maintained for the purpose of
educating new staff members.
6.3 Probationary Period – New staff member
(a) The University may appoint a new staff member on a probationary basis but only if at the time of
appointment the staff member is on probation with DJPR.
(b) The period of probation will be a reasonable period having regard to the nature of the position but,
subject to subclause (c), will be no more than six (6) months.
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Enterprise Agreement 2023 Schedule 12
(c) If conduct or performance issues are identied during the probationary period, the University will
counsel the staff member during the probationary period in relation to their conduct or performance
and will provide a written record of such counselling. The probationary period may be extended
concurrently with any extension of DJPR probation by a period of not more than three (3) months to
allow the staff member to address performance issues.
(d) A Probationary staff member’s employment may be terminated by the University during the staff
member’s probationary period by giving two (2) weeks’ notice, subject to the right to terminate a
staff member’s employment without notice or payment in lieu of notice if the staff member has
committed any act of serious misconduct (as dened in the Fair Work Regulations 2009).
(e) Unless the employment is terminated earlier in accordance with subclause (c), at the end of the
period of probation, the University will conrm the staff member’s appointment in writing or,
in the event that the staff member’s conduct or performance during the probationary period is
unsatisfactory, terminate the employment by the giving of two (2) weeks’ notice.
6.4 Part-Time Employment
Provisions relating to salary, leave and all other entitlements contained within the Agreement apply
to part-time staff members on a pro rata basis calculated on the relevant time fraction of the staff
member’s employment.
7. Workload
7.1 The University acknowledges the benets to both the organisation and individual staff member gained
through staff members having a balance between both their professional and family life.
7.2 When a staff member is required by the University to work overtime the staff member must be
compensated in accordance with the appropriate overtime clause where the staff member is covered by
the provisions of such a clause.
7.3 Where an individual or group of individuals believe that there is an unreasonable allocation of work leading
to staff being overloaded with work, the individual or group of individuals concerned can seek to have the
allocation reviewed by the University to address the staff concerns.
7.4 Other than in an emergency, if reasonable notice of the requirement to perform work beyond a staff
member’s normal hours of work has not been given by the University, a staff member may refuse
where this would impose personal or family hardship or interfere with the staff member’s personal
commitments.
7.5 Where a staff member engages in teaching activities (including supervision of higher degree students)
the academic staff workloads provision in the Agreement (or its replacement) will be used as a guide to
allocation of teaching responsibilities.
8. Performance Development
PART H: PERFORMANCE AND CAREER PROVISIONS of the Agreement applies.
9. Termination and Redundancy
PART J: TERMINATION AND DISCPLINE PROVISIONS of the Agreement applies.
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10. Costs of Employment Related Legal Proceedings
10.1 Where legal proceedings are initiated against a staff member as a direct consequence of the staff
member legitimately and properly performing their authorised duties for the University, the University
will not unreasonably withhold agreement to meet the staff member’s reasonable legal costs relating to
the defence of such proceedings.
10.2 An application to meet a staff member’s reasonable legal costs will be dealt with expeditiously by the
level of management responsible for deciding the matter.
11. SalariesandClassications
11.1 Schedule 3 of the Agreement sets out the salary rates for each of the academic levels.
11.2 Staff members will be classied consistently with the MSALs as set out in Schedule 2 of the Agreement.
11.3 The minimum standards for academic staff are differentiated by the level of complexity, degree of
autonomy, leadership requirements of the position and level of achievements of the staff member. The
responsibilities of staff members may vary according to the specic requirements of the University to
meet its objectives, to different discipline requirements and/or to individual staff development.
11.4 A staff member appointed to a particular level may be assigned, and may be expected to undertake,
responsibilities and functions of any level up to and including the level to which the staff member is
appointed or promoted. In addition, staff members may undertake elements of the work of a higher level
in order to gain experience and expertise consistent with the requirements of the University’s promotion
processes.
12. Supplementary Salary
12.1 In addition to the relevant salary rate for the staff member as set out in Schedule 3 and Schedule 4 of the
Agreement, a staff member is entitled to be paid supplementary salary as follows. The supplementary
salary (if any) will be paid to ensure a staff member receives salary from the University on a pro rata
basis equivalent to the salary and bonuses payable to the staff member in their classication as a
Principal Scientist under their DJPR employment as if they were employed by DJPR on a fraction of
employment the same as their fraction of employment with the University. A reconciliation will be
carried out at least annually to ensure that the appropriate supplementary salary is paid (for instance
where a bonus is paid by DJPR referable to an earlier period of employment that coincides with the staff
member’s University employment).
12.2 In comparing the relevant salary (and any bonuses), for the purpose of calculating the supplementary
salary, the higher rate of superannuation contribution made by the University that exceeds the statutory
(currently 11%) SGC rate of superannuation contribution will be counted as salary to ensure a like for like
comparison.
12.3 The University will pay the amount of University superannuation contribution above the SGC rate in
respect of University employment as salary.
12.4 Any incidence based allowances paid by DJPR will not be counted for the purpose of calculating
supplementary salary.
PART 4
SALARY CLASSIFICATIONS AND
RELATED MATTERS [LTU]
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13. Payment of Salaries
13.1 Salaries, allowances and penalty rates due to a staff member must be paid by the University by
fortnightly electronic direct credit to a bank account, credit union or building society account nominated
by the staff member. In exceptional circumstances, including signicant delays in payment of salary, the
University will make provision for off-line payments.
13.2 Where a normal payday falls on a public holiday the direct credit to the staff member’s nominated
account must be made no later than the last working day prior to the public holiday.
13.3 Staff members must be provided either in writing or electronically, with details of each pay regarding the
make up of their remuneration and any deductions.
13.4 By agreement with the University, the staff member may authorise deductions from salary for forwarding
to superannuation funds.
13.5 In the event of an overpayment of salary, allowance, loading or other payment, the University must advise
the staff member. Similarly, the staff member must advise the University if they know there has been
an overpayment. Where agreement cannot be reached on a repayment arrangement, the University
may recover the overpayment by instalments to be paid in the manner provided for in the Financial
Management Act 1994 (Vic).
14. Salary Packaging
14.1 Notwithstanding the rates specied in Schedule 3 and Schedule 4 of the Agreement, a staff member
will be able to request an individual remuneration package which may result in their salary being reduced
in order to receive University provided non-cash benets. The range of benets available from salary
packaging and the policies and procedures applying to salary packaging will be set out in the University’s
Policies and Procedures.
14.2 Notwithstanding anything contained within this clause, the staff member’s salary rate as specied
in Schedule 3 and Schedule 4 of the Agreement will be used as the basis for calculation of all other
entitlements and deductions which derive from the salary rate and such examples include but are not
limited to:
(a) termination payments, including superannuation, recreation leave and long service leave entitlements;
(b) calculation of redundancy benets;
(c) calculation of early retirement benets.
14.3 Effective salary sacrice arrangements require the staff member to request the University to provide
a benet in lieu of part of cash salary, but the University has absolute discretion in deciding whether to
accede to or reject the request. The University will have absolute discretion over what salary sacrice
arrangements it may make available. The University will have the right to vary or withdraw these
arrangements if required by changes to relevant legislation or Superannuation Trust Deeds change.
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15. Allowances – Work or Conditions
15.1 General Provisions
(a) Work or conditions allowances will be paid by the University subject to the staff member meeting
the requirements for receipt of the allowance.
15.2 Language Allowance
(a) Where the staff member, in addition to their normal duties, agrees to be appointed by the University
to use their skills in a second language to assist members of the public who have low English
prociency:
(i) the staff member must hold a current accreditation from the National Accreditation Authority
for Translators and Interpreters (NAATI); and
(ii) the staff member will be paid an annual allowance payable in fortnightly instalments as follows:
Level Amount per Annum
Language aide accreditation $1,177
Paraprofessional interpreter accreditation $1,620
Interpreter accreditation or higher $2,208
(b) These rates will be adjusted in accordance with any applicable changes to the Victorian Public
Service Agreement over the life of this Agreement.
(c) The University will pay the cost of the NAATI pre-testing workshop.
(d) The University will also meet the cost of the NAATI test, up to two (2) times per individual per level of
accreditation.
(e) The staff member must apply annually for renewal of the allowance. The University will assess the
staff member’s application to determine whether the University still requires the staff member to
perform interpreting duties.
16. Allowances – Reimbursement of Expenses
16.1 General Provisions
(a) The University will reimburse the staff member their reasonable out of pocket expenses actually and
necessarily incurred in the course of their authorised duties.
(b) The University must apply the rulings of the Commissioner of Taxation (Australian Tax Ofce) relating
to reasonable allowances in determining the maximum rates payable, unless otherwise agreed.
(c) The amount of an expense will be considered reasonable where it does not exceed the relevant
amounts set by the Australian Tax Ofce as adjusted from time to time.
16.2 Allowable Expenses
(a) Allowable expenses include: travelling, accommodation, meals and other incidental expenses
associated with an overnight absence from home or part day duties away from the normal work
location; and
(b) expenses incurred in using private mobile and home phones in accordance with subclause 16.3; and
(c) expenses incurred in using private vehicles in accordance with subclause 16.4.
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16.3 Private Mobile and Home Phone Use
(a) A staff member, authorised to use their private mobile phone or home phone in the course of their
employment, will be reimbursed for work-related calls under their plan.
(b) The staff member must obtain the prior approval of the University before using their private mobile
or home phone during the course of their employment.
(c) Following use, the staff member must submit an itemised statement of the calls made and their cost.
16.4 Private Motor Vehicle Use
(a) A staff member, authorised to use their private motor vehicle in the course of their employment, will
be reimbursed for kilometre costs and any other motor vehicle reimbursement expenses incurred in
the course of the staff member’s employment and authorised by the University.
(b) The staff member must obtain the prior approval of the University before using their private motor
vehicle during the course of their employment.
(c) Following use, the staff member must submit a declaration stating the date, the purpose of the trip,
the number of kilometres travelled and the type of vehicle used.
(d) The rates payable in respect of motor kilometre costs will be the rates determined by the Australian
Tax Ofce from time to time.
16.5 Expense Claims
(a) A staff member must submit ofcial receipts as soon as practical after the event as evidence
of expenditure incurred, except where the staff member uses their own motor vehicles for work
purposes in which case the staff member will submit a declaration in accordance with the
University’s Policies and Procedures.
(b) A declaration from the staff member that the expense was incurred may be accepted if the receipt is
lost or misplaced, and suitable verication can be made.
(c) The University will pay the staff member moneys owing under this clause in a manner to be agreed
between the University and staff member as soon as practicable, but not later than two (2) pay
periods after the staff member submits a claim.
(d) Upon request, the University will provide an advance for the expected costs associated with work
related travel or any other exercise where a staff member is likely to incur work related expenses. As
soon as practicable after the event, the staff member will provide the University with an account of
all expenses incurred together with receipts (and where necessary a statement) together with any
balance owed to the University.
17. Superannuation
The University will provide minimum employer contributions as required by applicable superannuation
guarantee legislation to a staff member’s nominated complying superannuation fund.
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18. Hours of Work
For administrative purposes only and in view of the fact that academic staff members do not have
prescribed hours of work, the weekly number of hours of work for the specic purpose for payroll
processing including the calculation of leave entitlements, will be a 35 hour week to 31 December 2023
and 36.25 hours per week from the rst full pay period on or after 1 January 2024.
19. Childcare
Where staff members are required by the University to work outside their normal hours of work and
where less than 24 hours’ notice of the requirement to perform such overtime work has been given by the
University, the staff member will be reimbursed for reasonable childcare expenses incurred. Evidence of
expenditure incurred by the staff member must be provided to the University as soon as possible after
the working of such overtime.
PART 5
HOURS OF WORK
AND RELATED MATTERS
20. Leave Provisions
PART F: LEAVE PROVISIONS of the Agreement applies.
21. Purchased Leave
21.1 Notwithstanding any other provision of the Agreement, a staff member may, with the agreement of
the University, work between 44 weeks and 51 weeks per year. Access to this entitlement may only be
granted on application from a staff member and cannot be required as a precondition for employment.
PART 6
LEAVE OF ABSENCE
AND PUBLIC HOLIDAYS
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21.2 Where the University and a staff member agree to a reduction in the number of working weeks under
subclause 22.1:
(a) the staff member will receive additional annual leave as follows:
44/52 weeks Additional 8 weeks’ leave (12 weeks in total)
45/52 weeks Additional 7 weeks’ leave (11 weeks in total)
46/52 weeks Additional 6 weeks’ leave (10 weeks in total)
47/52 weeks Additional 5 weeks’ leave (9 weeks in total)
48/52 weeks Additional 4 weeks’ leave (8 weeks in total)
49/52 weeks Additional 3 weeks’ leave (7 weeks in total)
50/52 weeks Additional 2 weeks’ leave (6 weeks in total)
51/52 weeks Additional 1 week leave (5 weeks in total)
(b) the staff member will receive a salary equal to the period worked (eg. 46 weeks, 49 weeks) which will
be spread over a 52 week period; and
(c) accrual of sick leave and long service leave by the staff member will remain unchanged.
21.3 As an alternative to entering into an arrangement under subclause 22.1, a staff member may request that
one (1) or more weeks of their recreation leave entitlement each be converted to two (2) weeks’ leave on
half pay.
21.4 The University will endeavour to accommodate staff member requests for arrangements under this
clause, and where such requests are granted will make proper arrangements to ensure that the workloads
of other staff members are not unduly affected and that excessive overtime is not required to be
performed by other staff members as a result of these arrangements.
21.5 A staff member may revert to ordinary 52 week employment by giving the University no less than four
weeks’ written notice. Where a staff member so reverts to 52 week employment, appropriate pro rata
salary adjustments will be made.
22. Leave to Attend Rehabilitation Program
22.1 A staff member, other than a casual staff member, may be granted leave with or without pay to
undertake an approved rehabilitation program where the University is satised that:
(a) the staff member’s work performance is adversely affected by the misuse of drugs or alcohol;
(b) the staff member is prepared to undertake a course of treatment designed for the rehabilitation of
persons with alcohol or drug misuse problems; and
(c) a registered medical practitioner has certied that in their opinion the staff member is in need of
assistance because of their misuse of alcohol or drugs and that the staff member is suitable for an
approved rehabilitation program.
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22.2 On production of proof of attendance at an approved rehabilitation program in accordance with
subclause 22.1, a staff member may be granted leave as follows:
(a) A staff member who has completed two (2) years’ continuous or aggregate service and who has
exhausted all other accrued leave entitlements may be granted leave with pay up to the maximum
number of days specied below:
Years of Service First Year of Program Subsequent Years of Program
2 years 20 days 15 days
3 years 27 days 20 days
4 years 33 days 25 days
5 or more years 40 days 30 days
(b) A staff member who has completed less than two (2) years continuous or aggregate service may be
granted leave without pay for the purposes of attending an approved rehabilitation program.
23. Recognition of prior service for Long Service leave purposes
(a) In subclause 23(b) an “authority” means an authority, whether incorporated or not, that is constituted
by or under a law of a State, the Commonwealth or a Territory of Australia for a public purpose.
(b) Subject to subclause 23(c) the following will be recognised as service by the University for the
purposes of long service leave (“Recognised Service”):
(i) any service with a State or Commonwealth Government Department; or
(ii) any service with an authority of a State or Commonwealth Government Department; or
(iii) any service in the Public Service, the Teaching Service or in an authority of a Territory of
Australia; or
(iv) any service with a local governing body that is established by or under a law of a State; or
(v) any service with a body set up by legislation primarily and exclusively to achieve a Government
purpose and upon which Government has substantial control or inuence beyond the usual level
of scrutiny of Government funded bodies;
provided that such service is only recognised if the body described above recognises for long service
leave purposes service with the Victorian Public Service. Provided further that the amount of service
that the University may recognise from the last employer will be up to 10 years, provided there is no
break in service exceeding twelve (12) continuous months. The University may require a period of
up to three (3) years’ service to be completed before a staff member is eligible to take long service
leave. A staff member will make any claim for recognition of prior service within six months of
appointment. Renewal or extension of a xed-term contract does not constitute a new appointment
for the purpose of this clause.
(c) Service for the purpose of long service leave does not include any period of service:
(i) which preceded a continuous gap in approved Recognised Service of greater than twelve (12)
months other than:
A. an absence of three (3) years or less in the nature of retirement occasioned by disability; or
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24. Temporary Transfer Between Work Locations
24.1 Usual Place of Work
(a) The University must determine a usual place of work for the staff member.
(b) Where the University wishes to reassign work to the staff member that will require a change to the
work location, two (2) weeks’ notice must be given or a lesser period if agreed between the University
and the staff member.
(c) If a staff member believes that a proposed relocation would create demonstrable hardship, the
University must consider any alternative proposal put by the staff member.
24.2 Excess Travelling Time
A staff member who is temporarily required to undertake duties at a location other than their usual place
or places of work will have any period of additional travelling time regarded as time worked.
PART 7
TRANSFERS
AND RELOCATIONS
B. an absence of two (2) years or less which in the opinion of the University was caused by
special circumstances; or
C. during any absence from duty on parental leave without pay; or
(ii) except to the extent (if any) authorised by the University, during any other absence on leave
without pay; or
(iii) during any absence from duty when the staff member was in receipt of weekly payments of
compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or
any corresponding previous enactment, other than the rst 12 months of that period; or (which
followed the date on which a pension under the State Superannuation Act 1988 (Vic) (or similar
provision applying to persons on the staff of a declared authority) became payable by reason
of retirement on the ground of disability, other than a period not exceeding twelve (12) months
during which a pension under section 83(3) of that Act (or similar provision applying to persons
on the staff of a declared authority) was paid; or
(iv) from which the staff member was dismissed for disciplinary reasons; or
(v) which preceded the resignation of the staff member from the public service or the termination
of the staff member’s employment in the public service if on that resignation or termination the
staff member received a sum characterised as a voluntary departure incentive or a targeted
separation payment that was additional to their entitlements under any Act or agreement.
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PART 8
OCCUPATIONAL
HEALTH AND SAFETY
25. Accident Make-up Pay
25.1 Where a staff member is absent from duty as a result of sustaining an injury in respect of which the staff
member is entitled to weekly payments of compensation under the Workplace Injury Rehabilitation and
Compensation Act 2013 (Vic), the staff member will, except where otherwise provided in subclause 25.2
below, be entitled to accident make-up pay equivalent to their normal salary less the amount of weekly
compensation payments.
25.2 Payment - Maximum Entitlement
(a) The University will continue to provide accident make-up pay to the staff member for a period of 52
weeks, or an aggregate of 261 working days, unless employment ceases.
(b) An entitlement to accident make-up pay will cease at the end of a period of 52 weeks, or an
aggregate of 261 working days, or when employment ceases or when the benets payable under the
Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) cease.
(c) The University may grant the staff member leave without pay where an entitlement to accident
make-up pay has ended.
25.3 Journey to Work Insurance
The University will maintain the journey to work insurance arrangements.
26. Occupational Health and Safety training
26.1 A staff member, upon election as a Health and Safety Representative, will be granted up to ve (5) days’
paid leave, as soon as practicable after election, to undertake an appropriate introductory Health and
Safety Representative’s course from a training organisation of their choice that is approved by WorkSafe
Victoria, having regard to course places and the University’s operations. The University will meet any
reasonable costs incurred. Leave under this subclause 26.1 must only be granted to a staff member on
one occasion and is additional to any other leave granted under this clause.
26.2 Additional paid leave may be approved for Health and Safety Representatives to attend training approved
by WorkSafe Victoria under the Occupational Health and Safety Act 2004 (Vic), which is relevant to the
functions of the Designated Work Group.
27. Facilities, Equipment and Accommodation – General
27.1 The University will provide staff members with all such instruments, equipment, tools, stationery and
furniture as may be reasonably necessary for carrying out their work except as otherwise agreed between
the Parties to the Agreement.
27.2 The University will provide, in readily accessible locations, rst aid equipment adequate for the nature of
the staff member’s duties.
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SIGNATORIES
Signed for and on behalf of
LA TROBE UNIVERSITY
Professor John Dewar AO
Vice-Chancellor and President
Kingsbury Drive
Bundoora VIC 3086
Signed for and on behalf of
NATIONAL TERTIARY EDUCATION INDUSTRY UNION
Dr Damian Cahill
General Secretary
120 Clarendon Street
South Melbourne, VIC 3205
In the presence of
Full Name:
Date:
November 2023
In the presence of
Full Name:
Date:
November 2023
