This clause contains definitions of relevant terms used throughout this Agreement. Where a term is specific to a particular clause, normally the definition for that term appears in the relevant clause.
In this Agreement, the following definitions will apply:
Academic Staff/Employee means a person employed by the University in a position classified in accordance with Schedule 1 Part A and Schedule 2 of this Agreement.
Act means the Fair Work Act, 2009 (Cth) (as amended).
AI System means any machine-based system that could be described as artificial intelligence. It includes any system that learns patterns from data, and which can perform tasks and make predictions, recommendations, decisions and generate content, including written or visual material, based on patterns or algorithmic methods.
Agreement means the instrument referenced in clause 1.1.
Chief People Officer refers to the Chief People Officer or equivalent position or delegate.
Consultation refers to steps often undertaken in an informed decision-making process in which parties exchange views and information. Consultation means that the University provides the individual employee, groups of employees and their unions with a genuine and informed opportunity to influence the decision maker prior to a decision being made.
Continuous Service means continuity of employment with the University, including all paid service, approved paid leave, and breaks between fixed-term employment and unpaid leave of up to six (6) weeks. Unpaid leave or breaks between fixed-term appointments of six (6) weeks or more will not count as service but will not break service for the purpose of calculating leave and other entitlements, unless otherwise expressly stated.
Disciplinary Action means action taken by the University to discipline an employee formally for unsatisfactory performance, misconduct or serious misconduct. Formal disciplinary action may only be taken by the Vice-Chancellor or their delegate in line with the procedures for disciplining employees set out in this Agreement. Formal disciplinary action may include but is not limited to one or more of the following:
- formal censure or counselling; and/or
- demotion by one or more classification levels or increments; and/or
- withholding of incremental progression for up to twelve (12) months; and/or
- lateral transfer to another position; or,
- termination of employment (except in the case of misconduct).
Employee Representative means a person who an employee has chosen to represent them, including an officer, employee, or delegate of the Union. An Employee Representative may not be a practising barrister or solicitor in private practice.
FWA means Flexible Working Arrangement in accordance with clause 4.1.
Gender Affirmation – sometimes also known as gender transition – is defined as the personal process or processes a trans or gender diverse person determines is right for them in order to live as their defined gender and so that society recognises this.
Immediate Family means a spouse or former spouse (as defined by the Act), de facto partner or former de facto partner, child, child in care, parent, grandparent, grandchild or sibling of the employee; or a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee. It includes step-relations (e.g. stepparents and stepchildren), as well as adoptive relations.
Member of the Senior Executive means the occupant (including on an acting basis) of the following positions: Provost and Deputy Vice- Chancellor (Academic), Deputy Vice-Chancellor (Catholic Mission), Deputy Vice-Chancellor (Corporate) and Deputy Vice-Chancellor (Education), Deputy Vice-Chancellor (Research and Enterprise), and Executive Deans, and may include other positions as defined from time to time.
Minimum Employment Period means the six (6) calendar months minimum period of employment that the University may rely on for the purposes of unfair dismissal in accordance with the Fair Work Act.
Misconduct means conduct or behaviour by an employee of a kind that is unsatisfactory and inconsistent with the expectations of an employee in the workplace. Misconduct does not warrant termination of employment.
Modern Award means the Higher Education General Staff Award 2020, the Higher Education Academic Staff Award 2020, and the Educational Services (Post-Secondary) Award 2020 or any successor awards.
NES means the National Employment Standards.
Ordinary Rate means the hourly rate payable to an employee for their classification in accordance with the rate set out in Schedule 1 Part A or B and Schedule 2 excluding any applicable loadings or allowances. An employee’s ordinary rate is different from their ordinary time earnings for the purposes of superannuation and income tax calculations.
Paid Service means paid service with the University, including paid ordinary hours of work and authorised paid leave.
Professional Staff/Employee means a person employed by the University in a position classified in accordance with Schedule 1 Part B of this Agreement. A professional employee may also be referred to as “general staff/employee”.
Proof of Illness means a certificate from a registered health practitioner or a statutory declaration from the employee.
Protected Employee means and refers to an employee of the University who on 31 December 1990 was an employee of Catholic College of Education Sydney Ltd, McAuley College Queensland, The Institute of Catholic Education or Signadou Dominican College of Education Ltd and on 1 January 1991 ceased to be so employed and became an employee of Australian Catholic University.
Public Holiday means a day gazetted by a State or Territory government, or a day declared in lieu of a public holiday that is observed by the University and on which the University campus(es) in that State or Territory is closed.
Reproductive Health Issues includes but is not limited to any condition or illness relating to the reproductive system. The University will provide support to all employees for reproductive health and for preventative reproductive healthcare. All employees will be entitled to reasonable workplace accommodations and supportive measures to assist them in managing their reproductive health and wellbeing inclusive of flexible work arrangements.
Salary means the rate payable to an employee, in accordance with Schedules 1, 2 or 5 based on their classification and pro-rata where applicable and also includes any loadings and allowances which are being paid on a regular and continuous basis up to the time of taking leave or cessation of employment, other than the allowances specified in Schedule 3. Salary may also be referred to as “superannuable salary”.
Serious Misconduct means serious misbehaviour or deliberate action(s) of an employee which may cause a serious impediment to the carrying out of the employee’s duties or to the employee’s colleagues carrying out their duties and also means misconduct of sufficient seriousness as would warrant termination of employment and may include repeat instances of misconduct.
(aa) Union refers either to the Community and Public Sector Union (CPSU) or the National Tertiary Education Union (NTEU).
(bb) University refers to Australian Catholic University Limited (A.B.N. 15 050 192 660), a company limited by guarantee. (cc) University Holiday means one or more days during the annual University closedown period on which the University
is closed, and which employees are not required to take as part of their annual or long service leave.
(dd) Year of Service is deemed to be twelve (12) months paid service from the anniversary date of commencement.
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