View the Lincoln University Academic Staff Collective Agreement with proposed tracked changes here

Academic Staff Collective Agreement

Increase paid and printed salary rates by 1.8% to be effective from 1 January 2011, to be in effect until 31 December 2011. The minimum increase to be $900.00.

Increase paid and printed salary rates by 1.8% to be effective from 1 January 2012, to be in effect until 31 December 2012. The minimum increase to be $900.00.

Change all references to “Division Director” to “Centre Director, Faculty Dean or Head of Department” in line with the 2008 change to University nomenclature.

Clause 2 – Coverage

Amend clause 2(c)(i) to read:

“academic staff holding senior management positions, such as Centre Director or Faculty Dean, or a position in the Vice-Chancellor’s office.”

Clause 3 – Term of Agreement

2 Year term – 1 July 2010 until 30 June 2012.

Clause 4 – Umbrella Agreement

Delete this clause.

Clause 18  – Union Access

Change as follows:

“An The secretary or other authorised officer of TEU and PSA shall, with the consent of the employer (which consent shall not be unreasonably withheld) be entitled to enter at all reasonable times upon the premises for the purpose of recruiting new members, interviewing any workers represented by the TEU or enforcing this agreement, but not so as to interfere unreasonably with the employer’s business.”

Clause 23 – Remuneration Review

Amend clause to read:

“Each employee’s remuneration will be reviewed annually using the relevant criteria contained in the Annual Salary Review and Annual Promotions Procedures.”

Clause 28 – Sick and Domestic Leave

Delete existing subclause (g) and replace with the following:

“(g) Before taking any action under clauses (e) and (f) above, t The employer may require the employee to undergo a medical examination by an appropriate medical practitioner nominated by the employer in the following circumstances:

(i)            the employer requires a medical clearance prior to the employee returning to work after a period of absence due to a medical condition;

(ii)           the employer has reasonable grounds to believe the employee’s medical condition is having a detrimental impact upon the employee’s ability to perform their duties.

(iii)          the employee is claiming his/her medical condition is work related.”

The employer will meet all costs of the medical examination. The employer shall consider any reports or recommendations made available to the employer as a result of that examination and any other relevant medical reports or recommendations which may be given to the employer by or on behalf of the employee.

Add new clause (h):

“(h)        The employer will take the above (g) step before taking any action under (e) and (f) above.”

Replace numbering of existing clause (h) with (i).

Clause 38 – Retirement Gratuity

Delete the existing clause and replace with the following:

Retirement

“(a)        For the purposes of this agreement, retirement means permanently withdrawing from the regular paid workforce.

(b)          Employees shall be entitled to retiring leave, provided:

• they have completed 40 or more years’ actual or contributory service; or
• they have completed 10 or more but less than 40 years’ actual service (actual or contributory in the case of GSF contributors) and their retirement has been approved by the employer; or
• they have been permitted to retire by the University in the exercise of the discretionary powers vested in it.

(c)           An employee is required to give three months written notice of his/her intention to retire.  At the sole discretion of the employer, this period of notice may be reduced.

(d)          Entitlement

For employees employed prior to 1 January 2004:

(i)            Four weeks retirement leave for 10 years completed service.

(ii)           Three months retirement leave for 15 years completed service.

(iii)          Six months retirement leave for 20 years completed service.

For all other employees:

(i)             Four weeks retirement leave at 15 years completed service.

(ii)            An additional three days for each completed year thereafter, up to a maximum of 10 weeks retirement leave.

(e)          Service for the purpose of calculating retirement leave is defined as unbroken employment with the University at the time the employee ceases work, together with any other period and type of employment that the employer may in its discretion recognise.  Previous service in the State Sector does not qualify if the employee was made redundant and received redundancy/severance payment from that service.

(f)           Part year employees on continuing appointment will be paid retirement leave on a pro rata basis of the full time equivalent rating.

(g)          Retirement leave commences from the working day following the last day of duty or, where Annual or Long Service Leave is due, from the working day immediately following all such leave being taken.

(h)          Retirement leave is not to count as service with the employer.

(i)            In special circumstances the employer may authorise an employee to anticipate a proportionate part of their retiring leave.  Anticipated retiring leave is not to be counted as part of the service and the period taken is to be deducted from the period of retiring leave due when the employee retires.

(j)            An employee eligible for retirement leave may accept, instead of any period of leave to which he/she is entitled, a taxable lump sum to the value of the salary for the period of retirement leave to which he/she would have been entitled.

(i)            If the effective date of a salary increase falls during any period of annual or long service leave taken after cessation of duties, the amount of the lump sum in lieu of retirement leave should be increased in accordance with the new salary rates on the written application of the employee.

(ii)           The employer shall notify any employee who has left the service of the employer within the 12 months preceding such salary increase, provided the employee has left a contact address with the employer.

(iii)          If the salary increase falls due from a date after the completion of the period of annual or long service leave taken after cessation, no adjustment is to be made to the lump sum.

(k)          On the death of an employee the employer may approve a cash grant in lieu of retirement leave to the deceased estate.

(l)            These provisions will not exclude retired employees from subsequently being employed by the University on a fixed term basis.

(m)         Employees on fixed term employment are not eligible for retirement leave.”

Add the following new clause:

“Work and Family Policy

“The University is committed to a family friendly work environment and as such, flexible work arrangements including job sharing, may be available with the agreement of the University.”

Add the following new clause:

“Communication During Bargaining

Unless parties agree otherwise in the Bargaining Process Agreement, when bargaining is next initiated to renew this collective agreement, the parties agree that only the union will communicate directly with union members about that bargaining, with the exception of any requirement on the employer under s43 of the ERA.”

In the event that legislation is introduced regarding a 90 day trial period for new employees, the University will meet with the combined unions to discuss the implications of any change to legislation.

In the event legislation is introduced changing the payment of annual leave, the University will meet with the combined unions to discuss the implications of any change to legislation.The University (via the Health and Safety Manager) will look at the feasibility of health checks and initiatives for staff. Adrian Brown, H & S Manager to work with a TEU representative.

The University will initiate a form (to be provided by Cindy Doull in consultation with Julie Culliford) to be provided to new staff at induction.