Employer claim on Professional Teaching Fellow to be included as a part 111 and Part 1 provisions of ASCA compared Part 111 provisions (as claimed by employer) same as IEA
Academic Collective Agreement, Part 1 provisions
Notes/Comments
1. Application and Coverage 1.1 The terms and conditions contained in this Part III will: (a) apply only to employees who are offered employment as a Professional Teaching Fellow; and (b) replace and supercede all previous terms and conditions of employment (whether oral or written). 1.2 The entitlements and benefits provided in this agreement will apply to part time staff on a pro-rata basis. 1.3
Nothing in Part I or Part II applies to employees employed under this Part III, unless it is expressly stated otherwise in this Part III. 2. Location and Hours 2.1 The employee may be required to perform duties at any of the University of Auckland campuses and at other locations from time to time as directed by the Employer.
PTF not included in Part 1 with other academics doing essentially the same work Schedule 1: DUTIES SCHEDULE 2.0 PRINCIPLES OF WORKLOAD 6.
Where a staff member teaches off their normal campus, the University will take account of the consequential workloads required of the employee which shall be considered as part of the teaching and administrative workload. The University will take into account the personal and family needs of the employee and any transport issues. All reasonable costs will be reimbursed. Such teaching arrangements will be with the agreement of the staff
2.1 PTFs could be sent to any campus and are excluded from relocation and travel expenses if you have to teach out of the city etc
member, such agreement not to be unreasonably withheld. Schedule 1: DUTIES SCHEDULE 2.0 PRINCIPLES OF WORKLOAD 2.2
Lectures, tutorials, labs and other teaching duties are normally scheduled between 8am and 6pm, Monday to Friday. However, there may be a requirement to work outside of these times for responsibilities related to teaching preparation, fieldwork or other related duties as required.
5.
Where the University has a need to set teaching hours in evenings, weekends, or summer, the University will work with staff to understand their preferences, and will take into account the personal and family needs of staff when reviewing the options available. Such teaching arrangements will be with the agreement of the staff member, such agreement not to be unreasonably withheld.
4. The University’s teaching needs may occur at any time during the calendar year, including Summer School and Semesters 1 and 2. This needs to be recognised by HoDs in considering individual workloads which should not be increased over the norms agreed under clause 1. In the absence of departmental norms and when setting annual teaching workloads that include summer school, the HoD will take into account recent teaching workloads over semester 1 and semester 2 as a guide. Where a staff member takes on summer school responsibilities, the HoD will ensure that the staff member has sufficient time available throughout
2.2 This states the hours in which classes may be scheduled but does not state any limit on having to work both ends of the day.
Under the Principles of Workload clause in Part 1 of the Academic Agreement, from which PTFs would be excluded, Academic staff who take on Summer School responsibilities are entitled to 'sufficient time to engage in scholarship and research as required by their agreement'. The Arts Faculty Workload Policy 2000 (http://www.artsfaculty.auckland.ac.nz/intranet /index.cfm?P=5218) recommends that: Tenured staff engaged in mentoring and administrative duties in Summer School have their teaching/administrative load reduced accordingly in either Semester 2 of the previous year or Semester 1 of the current year; For tenured staff engaged in teaching Summer School, every effort should be made
the year to engage in research and scholarship as required by their agreements. In the event that staff member(s) are concerned about the allocation of workload by the HoD, the staff member(s) may discuss these concerns with the Dean with the objective of ensuring fairness and equity of workload.
to block off an equal period of time for the purposes of research and creative work, free of teaching and administrative responsibilities, during either Semester 2 of the previous year or Semester 1 of the current year. " Since 99% of PTFs are employed on Fixed Term agreements, they would be excluded from these provisions.
3. Term 3.1
The fixed term provisions (sub-clause 4.3) in Part I will apply in this Part III. 4. Duties 4.1
Professional Teaching Fellows carry out all teaching activities under the strict supervision of an academic staff member who is active in research and who is responsible for the design of course content and assessment. Professional Teaching Fellows will not be active in research.
Schedule 1: DUTIES SCHEDULE 1.0 SCHEDULE OF DUTIES 1.
All academic staff report to the ViceChancellor through their Dean of Faculty and Head of Department, School or Centre, as the case may be.
all a PTF's teaching is carried out 'under supervision'... This is not required of STs. It is transparently aimed at dodging PBRF eligibility. How does this impact on academic freedom and autonomy for the PTF as required by law? STs convene and design courses, at undergrad and postgrad level. If a PTF cannot perform course design and convening, who will do it? Academic staff report to the Dean, HoD HoS or HoC. We now know (since Senate yesterday) that heads may not be academic staff. As a matter of principle, academic staff should report to academic staff.
4.2 The key duties of Professional Teaching Fellows are outlined as
Schedule 1: DUTIES SCHEDULE
follows:
1.0 SCHEDULE OF DUTIES 2.
(a)
(b)
(c)
(d)
Contribute to teaching activities in accordance with their share of the Department, School or Centre’s teaching programme; Support teaching across a range of courses and programmes including professional or clinical programmes; Facilitate student learning, incorporating new technologies and initiatives through professional delivery and organisation; and Contribute to the administration of their Department, School or Centre, and support certain University-wide administrative functions such as graduation.
Academic staff in the grades of Lecturer, Senior Lecturer, Associate Professor and Professor are employed to:
(i) engage in research and publication within the field of their appointment; (ii) conduct research-informed teaching in accordance with their share of the Department, School or Centre’s teaching programme; (iii) engage in service to the department, faculty, University, discipline and/or community which is related to the employee’s employment. 3. Academic staff in the grades of Senior Tutor are employed to: (i) conduct research-informed teaching in accordance with their share of the Department, School or Centre’s teaching programme; (ii) contribute to the administration of their Department, School or Centre, participate in Faculty governance and support certain University-wide administrative functions such as graduation. 4. Academic staff in the grade of Tutor are employed to (i)
participate in teaching activities such as
(a) How is 'share' of teaching defined? What are contact hours expected to be? What about a workloads clause? (c)
is a requirement to incorporate new technologies . This may be taken to refer to lecture recording. What about the teacher's own view of what technologies are appropriate? This is undue prescription of practice.
tutorials, provide assistance with the organisation and delivery of large classes, undertake laboratory, studio or field work supervision and instruction, be available for student consultation, mark course assignments, etc. They may give the occasional lecture but are not expected to have full course control or to give the majority of lectures in a given course (ii) contribute to the administration of their Department, School or Centre, and support certain University-wide administrative functions such as student orientations. 5. A Professor who holds a Chair within a Department may be asked from time to time to undertake the duties of Acting Head of the Department. All Professors are eligible to serve (and may be required to serve) a term as Head of the Department to which they are appointed notwithstanding that they may have already served one or more such terms. 6. Research Fellows and Senior Research Fellows are employed to plan, supervise and conduct research. In terms of Schedule Two, they shall be treated as Lecturers and Senior Lecturers respectively although the employer may promote Senior Research Fellows to the pay grade of Associate Professor.
7. Staff in the grades of Research Fellow and Senior Research Fellow supported by Research Grants may be required to undertake teaching and supervision of graduate students within their own research specialism. 4.3
After consulting with the employee, the Employer may require the employee to perform any other duties that s/he is reasonably capable of performing, taking into account the employee’s skills and capabilities.
Schedule 1: DUTIES SCHEDULE 2.0 PRINCIPLES OF WORKLOAD 3.
Individual academic staff contribute in differing proportions in terms of teaching, research and service. The proportions will be reviewed annually after consultation and negotiation with each academic staff member, and will take into account achievements and plans in teaching/research/contributions to the discipline/University/community, research grant needs for managing changes in teaching loads, and the staff member’s career development. The outcome of this consultation and negotiation process is that there is mutual agreement between each HoD and staff member, such agreement not to be unreasonably withheld by either party. The University will pay attention to setting a fair and equitable workload amongst academic staff over the full calendar year.
5
General Obligations
4.3 see comment above about reporting to non-academic staff.
5.2 During the term of employment, the employee agrees to: (a) Perform their duties skilfully, competently, professionally and diligently at all times; (b) Deal with the Employer constructively, honestly and in good faith at all times; (c) Comply with all statutes, procedures and policies set, and amended, by the Employer from time to time; (d) Comply with all lawful and reasonable instructions from the Employer; (e) Act at all times in a manner that promotes the University’s reputation and interests; (f) Not do anything that could bring the University into disrepute; (g) Maintain high standards of conduct and integrity at all times. 6 6.1
7
Continuation
(c)
(e)
does not give full effect to academic freedom so it is unlawful. (f) and (g) These could conflict: if you feel the University is acting in a disreputable way, a high level of integrity would involve disclosing this publicly, Again this strikes at academic freedom. 4.2 New Permanent Appointments
All permanent appointments are for an initial term of four years. Continued employment beyond the initial term is subject to evaluation under the criteria specified in the Employer's HR Continuation Policy.
New permanent appointments are for an initial term of four years and may be continued thereafter by agreement. The initial term and any continued period are subject to clauses 4.4 and 13.
Remuneration
7.1 Salary Scale Position
Levels PTF4 PTF3 Professional Teaching Fellow PTF2 PTF1
does not give full effect to academic freedom so it is unlawful
Annual Fulltime Salary from $100,000 gross $92,000 gross $84,000 gross $76,000 gross
The current ST scale is $75,000 for ST4, automatic annual increments take you up to ST 7 at $82,500, and after that promotion takes you to $93,700 at ST 10. Promotion over the bar and subsequently for STs is decided through the standard application process for academic promotions, with criteria set out in the policy
No incremental progression for PTFs. The only way they can progress up the scale is at the decision of the employer. The proposed PTF scale has 4 steps at $76,000, $84,000, $92,000 and $100,000 you have to wait at least 12 months on every step and then you can apply for promotion, but it is 'at the employer's decision' (see clause 6.5. )
for academic promotions.
No application process or criteria are mentioned. The policy on criteria for academic promotion is not mentioned. There are not standards and criteria for PTFs in the academic standards policy. That policy cannot be altered except through negotiation with TEU, or if it is, it stands outside the CA.
There are also other benefits that STs enjoy under the CA that are not provided in the proposed PTF IA.: Clause 6.4 says: your salary is deemed to be in full satisfaction of all duties you perform... This implies there will be no additional payments for extra hours, no allowances for travel or expenses, no travel subsidy or research support etc etc. Research and study leave are not mentioned. STs can apply for this, even though research is not part of the job. 7.2 7.3
7.4
Payment The employee’s annual salary will be payable in fortnightly instalments and in arrears by direct credit to the employee’s bank account. The employee’s remuneration is deemed to be in full satisfaction of all duties the employee performs and fully compensates the employee for all the requirements of the position. Promotion Professional Teaching Fellows employed on levels 1-3 may
7.3 see comments above. This needs to refer to some criteria for promotion, an appeal procedure etc
7.5
8 8.1 8.2
8.3
8.4 8.5
8.6
apply for promotion to the next level after they have completed at least 12 months of continuous service at their current level. Promotion will be at the Employer’s decision. The Head of Department will comment on the promotion application and provide a report on the applicant’s performance, achievements and contribution to the department. The Head of Department may consult with any other persons in commenting on the promotion application and preparing the report. Leave Entitlements Annual Leave The employee is entitled to, and expected to take, four (4) weeks annual leave per year of continuous service under the terms of the Holidays Act 2003. Annual leave is to be taken during period(s) outside of teaching time and by agreement with the Head of Department/School. The employee will make annual leave arrangements with the Head of Department/School as early as possible in advance of the proposed period of absence. Special Leave – If Easter Tuesday and the last weekday before Christmas would otherwise be a working day for the employee, the Employer will provide the employee paid leave on that day. Public Holidays The employee is entitled to a paid public holiday if it falls on a day that would otherwise be a working day for the employee. In the event that the employee is instructed to work on a public holiday s/he will be: (a) paid at the rate of time and a half for the time actually worked on the public holiday; and (b) entitled to an alternative holiday if that public holiday would otherwise be a working day for the employee. Bereavement Leave After 6 months current continuous service the employee is entitled to 3 days bereavement leave on the death of a spouse, parent, child, brother or sister, grandparent, grandchild, or
7.5 makes HoD's consultation re promotion is voluntary. HoD may not be academic and may be in no position to judge merits.
8.7
8.8
8.9
spouse’s parent. The employee is entitled to 1 days bereavement leave on the death of someone other than those listed above if the University accepts that s/he has suffered a bereavement as a result of the death after considering such things as the employee’s closeness of association with the deceased, responsibilities for funeral arrangements, and any cultural responsibilities the employee may have. Sick leave After 6 months current continuous service, the employee is entitled to 5 days sick leave for each following 12 month period of continuous service. The employee may carry over unused sick leave up to 15 days to a maximum of 20 days current entitlement in any year. The employee may take sick leave if the employee is sick or injured, the employee’s spouse or partner is sick or injured, or a person who depends on the employee for care is sick or injured.
Parental Leave The employee’s entitlement to parental leave is in accordance with the Parental Leave and Employment Protection Act (“PLEPA”) and its subsequent replacements.
SCHEDULE 4: LEAVE-ACADEMIC STAFF 5.0 Sick Leave Members of staff are responsible for informing their HoD when they are off sick. Where a member of staff is absent for more than a week because of illness, the Head of Department should notify HR. If it appears that the period of absence is likely to extend beyond three weeks, application for sick leave should be made to HR. The application should include a medical certificate. Each case will be considered as it arises and a recommendation made as to the amount of sick leave to be approved and whether it should be with or without salary. SCHEDULE 4: LEAVE-ACADEMIC STAFF 6.0 Parental Leave Parental Leave is administered in accordance with the Parental Leave Act. Details are available from HR. Special Paid Parental Leave An employee who is entitled to apply for 52 weeks Parental Leave may
8.8 Sick leave is not comparable to present entitlement which is an unspecified amount under the ASCA.
Nine weeks Special Paid Parental Leave is an entitlement as of right under the ASCA and is not under the PTF IEA.
apply for up to nine weeks of such Parental Leave as Special Paid Parental Leave, providing that the employee genuinely intends to return to duty after such Parental Leave, and providing further that if the employee subsequently does not return to duties, the employee agrees to refund salary and other remuneration paid during Special Paid Parental Leave or agrees to alternative arrangements with the University. This leave can be taken in blocks of one week or more to allow more flexibility for eligible parents. If both partners are employed in the University and are eligible for Special Paid Parental Leave, then they are entitled to a total of 9 weeks Special Paid Parental Leave, between them, and they may choose who will receive it. 8.10 Where the employee wishes to take parental leave, s/he must give three (3) months notice in writing to the Employer and comply with all duties and obligations under the PLEPA and its subsequent replacements. Other Leave-Related Provisions 8.11 If the employee is absent due to sickness or injury, the Employer may require the employee to provide a medical certificate issued by a medical practitioner as proof of sickness or injury, subject to the Holidays Act 2003. Should the employee’s absence be due to bereavement, proof may be required. 8.12 The Employer may, at its expense, require the employee to undergo a medical examination by a registered medical practitioner nominated by the Employer, for the purposes of:
(a)
determining whether it is appropriate to grant the employee sick leave; (b) determining whether the employee’s employment should be terminated for incapacity; (c) assessing the employee’s fitness and capacity for work and/or return to work; or (d) obtaining a second opinion where the employee has provided a medical certificate/report. 8.13 The employee must complete a leave application for every absence and submit this to the manager for approval before such leave is taken, unless this is not practicable due to accident, sickness, bereavement or other reason. 9 Superannuation / KiwiSaver 9.12 The University is an exempt employer and, although the employee can choose to join KiwiSaver, s/he will not automatically be enrolled in KiwiSaver. If the employee is already a member of KiwiSaver, s/he needs to inform the Payroll office, so that the requisite deductions can be made. 9.2
The University is a member of the New Zealand Universities Superannuation Scheme (“NZUSS”). Subject to eligibility under the NZUSS, the employee may choose to join the NZUSS in accordance with the provisions of that scheme. Please contact Ask HR at askhr@auckland.ac.nz or extension 83000 for details of the NZUSS. 10 Confidentiality 10.1 Except in the proper performance of the employee’s duties, or as authorised by the Employer, the employee must not use, or divulge to anyone, or use to the detriment of the University, any confidential information which may come to the employee’s knowledge as a result of his/her employment. This restriction shall continue to apply after termination of the employee’s employment until such time as the information may become
Schedule 1: DUTIES SCHEDULE 10. CONFIDENTIALITY In recognition of the rights of the public and the right of the employee to academic freedom, employees may enter into public debate and dialogue on matters relevant to their professional expertise and experience. An employee in commenting on matters of
10.1
Too intrusive: what we do on our time is our business. This should refer only to activities undertaken between 8-6 on a usual university day at most.
public knowledge without breach by the employee.
public interest outside his/her particular areas of expertise or responsibility must do so in a private capacity unless he/she has first obtained the specific approval of the employer through the appropriate head of department or section.
11 Other Employment 11.1 The employee must seek prior approval from his/her manager for any secondary employment/outside activities. The Employer reserves the right to withhold approval if it is considered that it would involve an unacceptable conflict of interest or if that employment or outside activity would interfere with the employee’s work performance or health and/or safety at work. 12 Potential Conflict of Interest 12.1 At all times the employee must inform the Employer as soon as possible of any actual or potential conflict that arises between the employee’s interests and the Employer’s interests. 12.2 Where the Employer forms the view that an actual or potential conflict of interest does or could exist, it may direct the employee to take any specific action(s) to resolve the conflict, and the employee must comply with those directions. This includes directing the employee to cease any activity that may, in the Employer’s opinion, result in a conflict of interest, or may appear to conflict, with the Employer’s interests or with the performance of any of the employee’s duties or obligations. 13 Health and Safety 13.1 The employee must comply with all occupational safety and health statutory obligations (and any other relevant regulations that may apply from time to time), employer policies, procedures, rules and any special work requirements while carrying out work for the University 14 Termination Schedule 1: DUTIES SCHEDULE 14.1The Employer may terminate this Agreement by giving one (1) 13 TERMINATION OF EMPLOYMENT month’s written notice. 13.3 The employee may be dismissed with
14.1 Insufficient notice and inequitable: employer should give as much as the employee is required to.
one month’s notice if the employee proves to be incompetent through the normal standard of inquiry required of the employment relationship or if the employee shall breach any of the terms of this agreement in any material respect or continuously neglect his/her duties. 13.4 The employee may be dismissed with one month's notice if the employee becomes incapacitated or of unsound mind and unable to perform the required duties. The employer may require the employee to seek medical certificates from two medical practitioners. The University will reimburse the employee for the costs of examination.
14.2The employee may terminate this Agreement by giving six (6) months’ written notice to the Employer. The Employer may accept a written request to agree on a shorter notice period. 14.3 Despite sub-clause 14.2, if the employee is employed on a fixed term agreement: (a) the agreement will automatically cease at the end of the fixed term, and notice of termination will be deemed to have been given at the time the parties entered into the agreement; however (b) either party may terminate the agreement before the end
13.5 Any action taken under clauses 13.2 or 13.3 will comply with the provisions of the Disciplinary Guidelines for Academic Staff (Schedule 3). 13.6 The employee may terminate this agreement upon six months’ notice in writing, or upon some other mutually acceptable period of notice.
14.4
14.5 14.6
14.7
of the fixed term by giving one (1) month’s written notice to the other party. The Employer may at its sole discretion: (a) require the employee not to attend work and not to carry out all or some of the employee’s normal duties, for all or any part of the notice period; and (b) pay the employee in lieu of notice for all or any part of the notice period. However, the employee will continue to be bound by the terms and conditions of this agreement during the notice period. Upon termination the employee must immediately return all University property that the employee has in his/her possession, including any keys, access cards and passwords. If the employee does not give and work out the notice period when required by the Employer, the Employer may deduct an amount equivalent to the employee’s salary for the notice period from any money due to the employee. Notwithstanding any other provisions, the Employer may terminate the employee’s employment summarily and without notice for serious misconduct. Serious misconduct typically involves actions, omissions or behaviours that deeply impair the trust and confidence between the parties.
SCHEDULE 1: DUTIES SCHEDULE 13 TERMINATION OF EMPLOYMENT 13.2 The employment may be terminated forthwith by the employer without prior notice if the employee shall at any time: -
be guilty of serious misconduct; or
-
be convicted of any criminal offence other than an offence which in the reasonable opinion of the employer does not affect fulfilment of duties with respect to the employer. Any action taken under clauses 13.2 or 13.3 will comply with the provisions of the Disciplinary
13.5
14.7 should be subject to a clear negotiated procedure. This needs definitions, appeal procedures etc.
Guidelines for Academic Staff (Schedule 3). 15 Suspension 15.1 If a serious problem arises, the Employer may suspend the employee from work until the problem is resolved. While suspension is usually on pay, the Employer has the right to suspend without pay if it decides that to be appropriate. 16 Abandonment 16.1 If the employee is absent from work for five (5) consecutive working days without proper notification to the Employer, the employee will be deemed to have abandoned and terminated employment without notice. The Employer will make reasonable efforts to contact the employee during the period of absence. 17 Redundancy 17.1 Where the Employer considers that the employee’s position is likely to be affected by redundancy, the Employer will, except in exceptional circumstances, consult with the employee regarding the possibility of redundancy. 17.2 In the event that the employee is declared redundant, the employee will be given four (4) weeks notice of termination of employment, or at the discretion of the Employer, be paid in lieu of all or part of the notice period. The notice period specified in this clause shall be in place of the notice period specified in the Termination clause above. 17.3 In the event the employee is declared redundant, the provisions detailed in the Employer’s HR Policy - “Redundancy and Redeployment” will apply.
18 Employee Protection Provision 18.1 In the event of a restructuring, as defined in Part 6A of the
17.2
SCHEDULE 1: DUTIES SCHEDULE 14 REDUNDANCY In the event that a redundancy situation should arise for any member of TEU covered by this agreement, the provisions of Schedule 7 shall apply.
There is no consultation required with the PTF or the union re whether the restructuring causing the redundancy is necessary or genuine. Under the ASCA not less than a month’s consultation is required.
17.3. PTFs are dependent on what is contained in the employer’s HR policy re redundancy compensation while other academics doing essentially the same work have a negotiated entitlement as of right contained in the ASCA
Employment Relations Act (being the sale, transfer, or contracting out of all or part of the University’s business), that may affect the employee’s employment, the Employer will: (a) As soon as is reasonably practicable, taking into account the commercial requirements of the business, commence discussions with the potential new employer concerning the impact of the restructuring on the employees’ positions. (b) Discuss with the potential new employer regarding whether or not it proposes to offer employment to the employees, and if so the terms and conditions under which it proposes to offer employment to the employees, and the proposed date for commencement of employment with the potential new employer. 19 Deductions 19.1 The employee agrees, in the event of the termination of his/her employment, to the deduction from the employee’s final pay of any money owing to the University, whatsoever it may be. 20 Resolving Employment Relationship Problems 20.1 If the employee feels that s/he has an employment relationship problem the employee should discuss it with his/her manager first. 20.2 If for any reason the employee does not wish to raise it with his/her manager, or if the employee prefers to raise the matter with the Employer in writing, or if any matter that has been discussed with the manager has not been resolved, the employee should write to the HR Manager, clearly setting out the details of the problem, personal grievance or dispute, and specify the solution the employee is seeking to resolve the matter. 20.3 If the parties are unable to resolve the problem, grievance or dispute, either party may seek mediation assistance from the Department of Labour. 20.4 If the employee wishes to raise a personal grievance, s/he must raise it with the Employer within 90 days from the date on which
the action alleged to amount to a personal grievance occurred or came to the employee’s notice.