University Western Clause Samples
University Western. Sydney University as defined in and operating under the Western Sydney University Act 1997 (NSW), as amended or replaced from time to time.
3.1 This Agreement will commence 7 days after the date on which it is approved by the FWC, and will remain in effect until the Nominal Expiry Date.
4.1 This Agreement wholly displaces and operates to the exclusion of all Awards and all other agreements that would otherwise apply to Employees, except for the NES. This Agreement rescinds and replaces the University of Western Sydney Professional Staff Agreement 2014.
4.2 This Agreement applies to and is binding on all Parties, subject to the following:
(a) the Agreement does not apply to Employees engaged as a Deputy Vice- Chancellor, Vice-President, Pro Vice-Chancellor, Executive Director, or Director/equivalent (based on total remuneration package); and
(b) the following clauses do not apply to Senior Employees:
(i) subclauses 15.6 to 15.13: Conversion;
(ii) clause 13: Probation;
(iii) clause 20: Annual Leave Loading;
(iv) clause 21: Meal Allowance;
(v) clause 22: On-Call Allowance;
(vi) clause 23: On-Call Allowance for Information Technology and Digital Services Staff;
(vii) clause 25: Hours of Work;
(viii) clause 26: Standard Working Hours;
(ix) clause 27: Meal Breaks;
(x) clause 28: Workloads;
(xi) clause 29: Career Planning and Development;
(xii) clause 30: Position Classification and Broadbanding;
(xiii) clause 31: Higher Duties;
(xiv) clause 34: Flexible Hours of Work Scheme;
(xv) clause 48: Organisational Change;
(xvi) clause 49: Redeployment and Redundancy (provided that Senior Employees who are employed at the date of commencement of this Agreement will receive the redundancy payment prescribed by the clause if their position is made redundant at any time during their employment with the University);
(xvii) clause 51: Unsatisfactory Performance;
(xviii) clause 52: Misconduct or Serious Misconduct;
(xix) clause 53: Research Misconduct;
(xx) subclauses 54.1 to 54.9:
University Western. Sydney University as defined in and operating under the Western Sydney University Act 1997 (NSW), as amended or replaced from time to time.
3.1 This Agreement will commence 7 days after the date on which it is approved by the FWC, and will remain in effect until the Nominal Expiry Date.
4.1 This Agreement wholly displaces and operates to the exclusion of all Awards and all other agreements that would otherwise apply to Employees, except for the NES. This Agreement rescinds and replaces the University of Western Sydney Academic Staff Agreement 2014.
4.2 This Agreement applies to and is binding on all Parties, with the exception of Employees holding the positions of Vice-Chancellor, Deputy Vice-Chancellor, Pro Vice-▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇, Institute Director, or equivalent (based on total remuneration package).
4.3 Nothing in this Agreement will be taken as incorporating as a term of this Agreement any University policy, procedure or process referred to in this Agreement.
5.1 This Agreement covers:
(a) all Employees employed by the University in the classifications set out in Schedule 4, subject to subclause 4.2; and
(b) the University.
5.2 The Agreement will also cover the Union upon the Union making an application for coverage to the FWC.
6.1 The University and the Union agree that the expeditious negotiation of a replacement agreement is in the interests of the University and its Employees.
6.2 The University and the Union will meet no later than 3 months prior to the Nominal Expiry Date to discuss and agree upon the following:
(a) a schedule of meetings to commence renegotiation of a replacement agreement after the Nominal Expiry Date;
(b) timing for exchange of the Parties’ respective logs of claim; and
(c) resourcing. Substitute arrangements may be agreed in writing.
6.3 The Parties in negotiation will be guided by, and adhere to, the principles of good faith bargaining as required by the Act.
7.1 Notwithstanding any other provision of this Agreement, the University and an individual Employee may agree to vary the effect of terms of this Agreement to meet the genuine needs of the University and the Employee. The matters in respect of which an individual flexibility arrangement may be made are as follows:
(a) the taking of purchased annual leave of up to 4 weeks per year in addition to the annual leave provided for in clause 27: Annual Leave;
(b) the taking of additional leave without pay consequent upon the birth or adoption of a child in addition to the leav...