Enterprise Bargaining Agreement
(Trades & Services Staff - Catering & Retail, Cleaning & Caretaking, & Miscellaneous Services Staff) 2000

Part 2 - Conditions applying in common to all trades and services staff

Section 2 - University and Staff Members' Duties, Employment Relationship and Related Arrangements

12. Probationary Employment
13. Full-time Employment
14. Part-time Employment
15. Fractional Appointment Scheme for Retirement Planning Purposes
16. Fixed-term Employment
17. Non-continuing Employment Review Process
18. Stand Down of Staff Members
19. Redeployment
20. Redundancy
21. Termination of Employment other than Redundancy
22. Work Performance and Conduct

This Part shall apply in common to all trades and services staff except where otherwise expressly provided.

12. PROBATIONARY EMPLOYMENT

12.1 Subject to clauses 12.2 and 12.3 below, a three-month probation period shall apply to all new fixed-term or continuing full-time and part-time appointments to trades and services staff positions.

12.2 For fixed-term contracts of less than six months duration, the period of probation shall not exceed 50% of the contract term subject to clause 12.3 below.

12.3 Probation periods do not apply in the case of:

• transfer;
• secondment;
• pre-retirement contracts;
• second or subsequent fixed-term contracts in the same position; or
• fixed-term contracts for periods of less than three months.

12.4 The period of probation will be notified to the staff member in advance of the commencement of his/her appointment.

12.5 Upon the staff member's commencement of appointment, he/she will be notified of the name of his/her supervisor.

12.6 The supervisor shall meet with the probationary staff member and review his/her work performance and provide feedback to the probationary staff member on at least two occasions during the probation period.

12.7 The employment of a probationary staff member who does not meet the goals and objectives of the position may be terminated by the giving of one week's notice or payment in lieu thereof during the probation period or by payment in lieu of one week's notice upon completion of the probation period.

13. FULL - TIME EMPLOYMENT

Any staff member not engaged in casual, part-time or seasonal employment shall be a staff member engaged in full-time employment.

14. PART-TIME EMPLOYMENT

14.1 A part-time staff member is one who is employed by the University and who is ready, willing and available to work on a regular basis any agreed number of hours less than the full number of hours normally worked by comparable full-time staff members (namely 38 hours in one week or 76 hours in a fortnight or 152 hours in a four-week period), provided that the number of hours worked may vary from week to week by mutual agreement.

14.2 A part-time staff member shall be paid per hour of ordinary time worked or taken as paid leave one thirty-eighth of the weekly rate prescribed for the classification in which the staff member is engaged.

14.3 A part-time staff member is entitled to all the entitlements available to full-time staff members arising out of this Agreement, including leave, on a proportionate basis dependent on the staff member's fraction of full-time employment. Provided that where a staff member is entitled to paid leave in accordance with this Agreement and the staff member is employed on a part-time basis, the staff member shall not by reason of being a part-time staff member be required to serve a longer period of service to qualify for any leave entitlements or be granted any lesser period of leave but shall be paid pro rata for any such leave. In all cases, leave will accrue during service at the current fraction of full-time employment of the staff member.

14.4 Subject to the provisions of this clause, all other provisions of this Agreement applicable to full-time staff members shall apply to part-time staff members.

15. FRACTIONAL APPOINTMENT SCHEME FOR RETIREMENT PLANNING PURPOSES

Staff who wish to reduce their time commitment during the latter part of their careers at the University may wish to apply for the voluntary fractional employment scheme detailed below.

15.1 Participation in the scheme is voluntary.

15.2 Staff are eligible to participate in the scheme when they are within five years or less of being eligible to receive a retirement benefit from their superannuation scheme. Staff need not be full-time (1.0) to be eligible.

15.3 Fractional appointments are to be limited to fractions of not less than 0.3 and not more than 0.8 of full-time.

15.4 Eligible staff members will transfer to a fixed-term appointment with the University paying a subsidy to maintain any employer contributions to UniSuper (or equivalent State Superannuation provisions) at the rate applicable for the former substantive continuing appointment.

15.5 The staff member will make superannuation employee contributions at the level appropriate to his/her new fraction of appointment. The University will also provide a subsidy payment sufficient to ensure the retention of superannuation benefits appropriate to the former substantive continuing appointment.

15.6 The workload and pattern would be determined by the head of the administrative unit and approved by the head of the administrative group, according to a role and responsibilities, agreed between the Head and the staff member, appropriate to the fraction of full-time appointment.

15.7 Further reductions in fraction, within the specified limits, may be agreed at any time, to a new fraction of not less than 0.3.

15.8 Annual leave, sick leave and long service leave will accrue at the new fractional rate with adjustment of entitlement to provide fully for prior service. The fraction of appointment may be adjusted for a period to facilitate clearing any excess annual and long service leave credits i.e. over 30 days and 109.2 days respectively.

15.9 Staff will transfer to a fixed-term fractional contract of no greater than five years in length. Further fixed-term contracts may follow.

15.10 The Deputy Vice-Chancellor, on the recommendation of the Dean or equivalent, may approve a request for early retirement with supplementary payment based on an appropriate scheme being available and any benefit normally being determined against the former substantive appointment with the retirement benefit reduced by supplementary payments made under this scheme.

16. FIXED-TERM EMPLOYMENT

16.1 Fixed-Term Contracts

"Fixed-term employment" means employment for a specified term or ascertainable period, for which the instrument of engagement will specify the starting and finishing dates of that employment, (or in lieu of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon the occurrence of which the term of employment shall expire), and for which, during the term of employment, the contract is not terminable by the University, other than during or at the completion of a probationary period, or for cause based upon serious or wilful misconduct.

A fixed-term contract of employment may be either full-time or fractional (part-time). In the case of a fixed-term fractional contract, the salaries, allowances and other entitlements under this Agreement applicable to an equivalent full-time staff member apply to the fractional staff member on a proportionate basis according to the fraction of time worked.

16.2 Use of Fixed-term Employment

The use of fixed-term employment shall be limited to the employment of a staff member engaged on work activity that comes within the description of one or more of the following circumstances as specified in clauses 16.3-16.5.

16.3 Specific Task or Project

"Specific task or project" shall mean a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it shall also include a period of employment provided for from identifiable funding external to the University, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.

16.4 Replacement Employee

"Replacement Employee" means a staff member:

1. undertaking work activity replacing a full-time or part-time staff member for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded or transferred within or outside the University; or
2. performing the duties of
   1. a vacant position for which the University has made a definite decision to fill and has commenced recruitment action, until a full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable; or
   2. a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the University and in progress for that vacant higher duties position until a full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable; or
   3. a staff member who has returned from a period of parental leave or other authorised leave and who wishes to be employed on a fractional basis for a defined period. The replacement fixed term staff member may be employed to cover the difference in hours arising from such an arrangement.

16.5 Pre-Retirement Contract

Where a full-time or a part-time employee declares that it is his/her intention to retire, a fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of employment for a period of up to five years. Fractional fixed-term contracts may be offered as provided by clause 15 of this Agreement.

16.6 Incidents of Fixed-Term Contract of Employment

Without derogating from any entitlement under the staff member's contract, a fixed-term contract staff member, other than an apprentice shall be entitled to:

16.6.1 Incremental Advancement

A fixed-term staff member who has a period of continuous service in a classification which has an incremental structure shall be entitled to progress through that structure in the same way as a staff member engaged as a continuing staff member in the same or similar classification under this Agreement.

16.6.2 Notice of Cessation Or Renewal of Employment Upon Expiry of Contract

The University shall provide to a fixed-term staff member, a written notice of the University's intention to renew, or not to renew, employment with the University upon the expiry of the contract. Such notice shall be the greater of:

1. (any contractual entitlement to notice of the University's intention to renew, or not to renew, employment with the staff member upon the expiry of the contract; or
2. Period of Continuous Service Period of Notice
   • 1 year or less - 1 week
   • Over 1 year and up to the completion of 3 years - 2 weeks
   • Over 3 years and up to the completion of 5 years - 3 weeks
   • Over 5 years of completed service - 4 weeks

(a) In addition to the notice prescribed under 16.6.2(a)-(b) hereof, a staff member over the age of 45 years at the time of the giving of notice and with not less than two years continuous service shall be entitled to an additional week's notice.

16.7 Exceptions/Variations to Requirement to Provide Notice

Where, because of circumstances relating to the provision of specific funding to support employment (external to the University and beyond its control), the University is not reasonably able to give the notice required by clause 16.6, it shall be sufficient compliance with clause 16.6 if the University:

1. advises those circumstances to the staff member in writing at the latest time at which the notice would otherwise be required to be given; and
2. gives notice to the staff member at the earliest practicable date thereafter.

16.8 Entitlement to Severance Pay

A fixed-term staff member who is employed in accordance with clause 16.3 (Specific Task or Project) whose contract of employment is not renewed in circumstances where the staff member seeks to continue the employment, shall be entitled to a severance payment as provided in clause 16.11 below in the following circumstances:

1. the staff member is employed on a second or subsequent fixed-term contract and the same or substantially similar duties are no longer required by the University; or
2. duties of the kind performed by the staff member who is employed on a fixed-term contract continue to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties.

16.9 Severance Pay

Calculation of severance pay entitlements

• Length of continuous service - Severance pay
• Less than one year - nil
• 1 year and up to the completion of 2 years - 4 weeks pay
• 2 years and up to the completion of 3 years - 6 weeks pay
• 3 years and up to the completion of 4 years - 7 weeks pay
• 4 years or over - 8 weeks pay

For the purpose of this Agreement, breaks between fixed-term appointments of up to two times per year and of up to six weeks shall not constitute breaks in continuous service. Periods of approved unpaid leave shall not count for service, but shall not constitute breaks in service for the purposes of this clause.

16.10 Offer of Further Employment

Where the University advises a staff member in writing that further employment may be offered within six weeks of the expiry of a fixed-term contract, the University may defer payment of severance benefits for a maximum period of four weeks from the expiry of the period of fixed-term employment.

The University, in a particular case, may make application to the Australian Industrial Relations Commission to have the general severance payment or retrenchment benefit payment prescription varied if the University obtains acceptable alternative employment for the staff member.

16.11 Transitional Provisions

Clauses 16.2-16.5 of this Agreement do not apply during the term of the existing fixed-term contract entered into, on or before 30 June 1998, or to a staff member whose employment is the subject of a form of fixed-term contract in force as at 30 June 1998.

A staff member who is employed on a second or subsequent fixed-term contract which commenced prior to 30 June 1998 and who would have been entitled to severance pay under the terms of the former Higher Education (Non-continuing Contract of Employment) Interim Award 1996, shall be entitled to severance pay in accordance with clause 16.9 above if no further contract is offered.

17. NON-CONTINUING EMPLOYMENT REVIEW PROCESS

Unless otherwise provided elsewhere in this Agreement, all staff who are covered by this Agreement (except for those expressly excluded) and who have been employed either:
a) on one or more fixed-term contracts for a continuous period of 5 years or more; or,
b) on a succession of casual appointments for a continuous period of 5 years or more
will, as early as possible but no later than the commencement of the notice period specified in their contracts or 5 weeks before the expiry of their terms of appointment, whichever is the earlier, be advised whether they will:

• be appointed to a continuing position;
• be given a contract of employment of 2 or more years' duration;
• be offered a final fixed-term contract;
• be offered a casual appointment; or,
• be offered no further employment.

No staff member may be offered a continuing position or a further contract position for more than 2 years, unless:

• the staff member (except for casual staff member) was originally appointed to the position, or a similar position, through an open externally-advertised selection process;
• the staff member meets the mandatory selection criteria;
• the Head of Department makes an argued recommendation based on the performance of the staff member, and outlines the career development steps which will be implemented for the staff member; and,
• the relevant Head of the Budget Division certifies to the on-going requirement for the position.

In such circumstances, a staff member may be appointed without advertisement. Otherwise, ordinary University policy on advertisement will apply and staff members will be free to apply and reapply in open competition for any advertised vacant position.

Provided that the following staff shall be excluded from the operation of this clause:

• staff employed for a specified task;
• staff employed for a project of definite and limited duration;
• staff whose employment is funded by an external grant;
• staff whose contracts of employment provide for payment of annual salaries in excess of those prescribed by this Agreement for their particular classification level;
• staff in receipt of an annual salary which exceeds the upper limit of the prescribed salary range for HEW level 9 as prescribed by this Agreement; and
• staff employed to cover the period of authorised absence of another staff member.

18. STAND DOWN OF STAFF MEMBERS

The University has the right to deduct payment for any day the staff member cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the University cannot reasonably be held responsible.

For the purposes of this clause, "any stoppage of work by any cause for which the University cannot reasonably be held responsible" shall exclude temporary seasonal fluctuation in demand for services, in particular cleaning services.

19. REDEPLOYMENT

19.1 Rationale

It is recognised by all parties that in the event of:

1. management-initiated major changes to the structure/role of an administrative unit or work unit which significantly affects the duties of the staff member; or
2. financial exigency where there is not the capacity at the budget unit level to fund existing positions; or
3. relocation from the staff member’s primary campus imposing major inconvenience to the staff member (eg. through additional travel)

a staff member may be considered for redundancy. In such circumstances, the following redeployment provisions will apply in order to attempt to avert the effects of the changes or avoid the redundancy of the staff member.

19.2 Coverage

The following staff are eligible to be redeployed pursuant to this clause:

• staff members who have continuing appointments; and
• staff members who have fixed-term appointments

but excluding staff with casual appointments.

19.3 Definition

The following definition will apply for the purposes of this clause.

“Suitable vacant position” means a position at the staff member’s current classification level and for which the staff member has the appropriate skills and qualifications.

19.4 Commencement of Redeployment Search Period

Prior to any notification of termination of employment to the staff member pursuant to the redundancy provisions at clause 20 below, a four-week redeployment search period will be commenced.

19.5 Requirements During Redeployment Search Period

19.5.1 The staff member will be interviewed to ascertain his/her career interests and aspirations, experience, knowledge, level of skills and training needs.

19.5.2 The University will provide the staff member with the assistance of a trained adviser in developing a personal career plan and job search skills, including the preparation of a resume, letter of application and interview skills. The trained advisor will also assist the staff member to consider appropriate training activities which are to be agreed in consultation with the Dean/Divisional Director (as appropriate), a representative of the staff member’s budget unit, and a staff member appointed by the Divisional Director (Staff and Student Services) and such training activities may be provided by an appropriate external organisation selected by the University.

19.5.3 The University will keep the staff member informed of suitable vacant positions to be advertised by the University.

19.6 Applications for Vacant Positions

19.6.1 Where the staff member applies for a vacant position with the University either at or below the staff member’s existing classification level and that position is about to be advertised, the convenor of the selection committee for that vacant position will arrange for the staff member to be interviewed prior to the advertisement being placed. Provided that there shall be no entitlement to an interview in circumstances where the University’s Workforce Planning Manager determines that the staff member is clearly unqualified for the position and would not become qualified within a reasonable period of time with or without training.

19.6.2 Where the interview confirms that the staff member either satisfies the selection criteria for the vacant position or would satisfy the selection criteria with reasonable training, the staff member’s transfer to the vacant position will be effected at the earliest possible mutually convenient date for both the University and the staff member. Provided that if the staff member’s existing salary is above the maximum salary payable for the vacant position, the staff member will maintain his/her salary until the maximum salary payable for the vacant position increases beyond the staff member’s maintained salary rate. At that time, the staff member will translate to the nearest salary point in the salary range payable for the position above his/her maintained salary rate.

19.6.3 In the event that the interview is unsuccessful, the Divisional Director (Student and Staff Services) or nominee will review the decision that the staff member does not satisfy the selection criteria for the vacant position and would not satisfy those selection criteria even after reasonable training. The Divisional Director (Student and Staff Services) or nominee will then determine whether or not the decision made was valid, and the staff member will normally be given feedback by the convenor of the selection committee regarding the staff member’s unsuccessful application where the Divisional Director (Student and Staff Services) or nominee is satisfied that the decision made was valid.

19.7 Trial Redeployment

19.7.1 Where the Divisional Director (Student and Staff Services) or nominee determines that the decision made under clause 19.6.2 above was not valid and he/she is satisfied that the staff member satisfies the selection criteria for the vacant position, the supervisor of the work unit where the vacancy exists will be required to employ the staff member for a three-month trial period and the staff member may be required to be redeployed to the position for an initial three-month trial period upon being formally offered the position. Such trial period will focus on the skill match of the staff member against the position occupied during the trial period.

19.7.2 Whilst on trial redeployment, the staff member may be considered for any other vacancies arising during the four-week redeployment search period.

19.7.3 Notification of termination of employment pursuant to the redundancy provisions at clause 20 below may be given by the University to the staff member during the period of a trial redeployment, provided such notification is delivered outside the four-week redeployment search period. Any such notice validly given during the period of the trial redeployment will continue to run during the trial redeployment.

19.8 Formal Offer of Redeployment

19.8.1 Where the staff member fails to apply for a vacant position with the university that the university considers represents an appropriate and reasonable redeployment, the university may make a formal offer of redeployment to that position to the staff member.

19.8.2 The staff member’s rejection of a formal offer of redeployment does not constitute an unreasonable rejection where such rejection is on the grounds of geographic location.

19.9 Offer of Voluntary Separation Package

19.9.1 Simultaneous with the commencement of the four-week redeployment search period, the university will offer the staff member a voluntary separation package comprising:

• payment in lieu of the remaining balance of the four-week redeployment search period;
• payment in lieu of the notice period applicable to the staff member’s termination of employment by involuntary retrenchment under clause 20 below; and
• payment of the severance pay to which the staff member would have been entitled under clause 20 below had his/her employment been terminated on the grounds of redundancy.

However, where the staff member is employed under a fixed-term contract of employment, the sum payable to the staff member will not exceed the amount that would have been payable had the staff member continued in employment until the expiry of his/her fixed-term contract of employment.

19.9.2 Any voluntary separation package payment will be calculated on the basis of the staff member’s average fraction of employment over his/her last five years of service or his/her fraction of employment at the date of termination of his/her employment, whichever is the greater.

19.9.3 The university’s offer of a voluntary separation package will remain valid until the expiry of the four-week redeployment search period.

19.10 Termination of Employment on Notice During Redeployment Search Period

In the event that the staff member unreasonably rejects a formal offer of redeployment from the University and does not accept the voluntary separation package offered, the Vice-Chancellor may terminate the employment of the staff member by giving notice of termination as specified in section 170CM of the Workplace Relations Act 1996. Such notice will apply in lieu of any remaining notice to which the staff member may have been entitled, including any redundancy benefits due to the staff member.

19.11 Expiry of Redeployment Search Period

In the event that:

• the redeployment search is unsuccessful in placing the staff member in a suitable vacant position; and/or
• the staff member does not accept the university’s offer of a voluntary separation package

by the expiry of the redeployment search period, the university may then give notice of termination of employment to the staff member pursuant to clause 20.

19.12 Staff Member’s Entitlements During Redeployment

19.12.1 The staff member will retain:

• his/her current salary, classification and incremental range throughout the currency of the redeployment search period as well as during any trial redeployment; and
• his/her existing continuing or fixed-term employment status while subject to this clause.

19.12.2 The staff member is entitled to union representation throughout all stages of the redeployment process.

20. REDUNDANCY

20.1 Notice of termination

A staff member who has not accepted an offer of a voluntary separation package under clause 19 above and who has not been successfully redeployed to another suitable position will be given four (4) weeks notice of termination or pay in lieu, or pay in lieu of the unexpired part of the notice period as the case may be. In the case of a staff member 45 years or more, the notice period will be five (5) weeks.

During the notice period, the staff member will be entitled to reasonable time off without loss of pay to attend job interviews, subject to provision by the staff member of documentary evidence of the interview and prior arrangement with the relevant supervisor. A statutory declaration shall be sufficient for this purpose.

20.2 Severance payment

Upon termination of employment on the grounds of redundancy, the staff member shall receive a severance payment in accordance with the formula below:

All payments payable to the staff member in accordance with this clause or the clause 20.1 above shall be based on the ordinary time earnings for the staff member concerned.

Provided further that the sum payable to a staff member pursuant to this clause shall not exceed the amount that would have been payable by way of fortnightly pay had the staff member continued in employment to the expiry date of a fixed term contract. "Fortnightly pay" means the ordinary time earnings for the staff member concerned each fortnight.

For the purposes of calculating the length of continuous service under this clause, periods or roster cycles during which a Monash Unicomm seasonal catering staff member or Monash Unicomm seasonal retail services staff member is not engaged shall be excluded.

For the purposes of calculating the amount of severance payment for eligible Monash Unicomm seasonal catering staff members or Monash Unicomm seasonal retail services staff members, the aggregate ordinary hours worked by the staff member over the length of his/her continuous service shall be applied to determine the staff member's equivalent fraction of full-time employment.

20.3 Suitable alternative employment

Provided further that in the event that the University is able to obtain suitable alternative employment for the staff member, the University shall not be liable to provide the notice and severance payments which would otherwise apply.

20.4 Excluded staff members

This clause shall not apply to casual and/or probationary staff members.

20.5 Staff member leaving during the notice period

A staff member whose employment is terminated in accordance with this clause may terminate their employment during the notice period and shall be entitled to the same payments under this clause had they remained with the University until the expiry of such notice. Provided that in such circumstances the staff member will not be entitled to payment in lieu of notice.

21. TERMINATION OF EMPLOYMENT OTHER THAN REDUNDANCY

21.1 Notice of Termination by the University

21.1.1 In order to terminate the employment of a full-time, part-time or seasonal staff member (which may include a staff member on a fixed-term contract of employment but not a casual staff member), other than in the case of redundancy, the University shall give to the staff member the period of notice specified in the table below:

21.1.2 In addition to this notice, staff members over 45 years of age at the time of the giving of the notice with not less than two years' continuous service, are entitled to an additional week's notice.

21.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not given or is not required to be worked. Employment may be terminated by the staff member working part of the required period of notice and by the University making payment for the remainder of the period of notice.

21.1.4 In calculating any payment in lieu of notice, the salary a staff member would have received in respect of the ordinary time he/she would have worked during the period of notice had his/her employment not been terminated will be used.

21.1.5 The period of notice in this clause shall not apply in the case of casual staff members, apprentices or staff members engaged for a specific period of time or for a specific task or tasks.

21.2 Notice of Termination by Staff Member

21.2.1 The notice of termination required to be given by a staff member is the same as that required of the University, save and except that there is no requirement on the staff member to give additional notice based on the age of the staff member concerned.

21.2.2 If a staff member fails to give notice the University has the right to withhold monies due to the staff member to a maximum amount equal to the ordinary time rate of pay for the period of notice.

21.3 Time Off During Notice Period

Where the University has given notice of termination to a staff member, the staff member shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the staff member after consultation with the University.

21.4 Statement of Employment

The University shall, upon receipt of a request from a staff member whose employment has been or is to be terminated, provide to the staff member a written statement specifying the period of his or her employment and the classification of or type of work performed by the staff member.

21.5 Notice Period Shortened by Mutual Agreement

Provided that by mutual agreement between the University and the staff member concerned, a staff member after having given notice may leave his/her employment prior to the expiration of the notice period and receive salary up to the last hour worked only.

21.6 Summary Dismissal

Notwithstanding the provisions of clauses 21.1.1-21.1.2 above, the University has the right to dismiss any staff member without notice for conduct which justifies instant dismissal, including malingering, inefficiency or neglect of duty and in such cases any entitlement under this Agreement (including salary) are to be paid up to the time of dismissal only.

21.7 Unfair Dismissals

21.7.1 Termination of employment by the employer shall not be harsh, unjust or unreasonable.

21.7.2 For the purposes of this sub-clause, termination of employment shall include terminations with or without notice.

21.7.3 Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

22. WORK PERFORMANCE AND CONDUCT

22.1 Where disciplinary action is necessary for continuing unsatisfactory performance, the management representative shall notify the staff member of the reason. The first warning must be verbal and will be recorded on the staff member's personal file. The management representative shall inform the staff member that a union representative may be present if desired by either party.

22.2 If the need for disciplinary action continues, the matter will be discussed with the staff member and a second warning will be given to him/her in writing and recorded on his/her personal file. The management representative shall inform the staff member that a union representative may be present if desired by either party.

22.3 If the need for disciplinary action continues after the second warning, the relevant management representative will again meet with the staff member and, if necessary, a final warning will be issued to the staff member in writing. The management representative shall inform the staff member that a union representative may be present if desired by either party.

22.4 In the event that there is a need for disciplinary action after the final warning, then the staff member's employment may be terminated. No dismissals are to take place without appropriate management authorisation.

22.5 Summary dismissal of a staff member may still occur for acts of serious and wilful misconduct.

If a dispute should arise over any disciplinary action taken (excluding summary dismissals or other terminations of employment), the dispute settling procedures of this Agreement shall apply and any resolution achieved shall be accepted by the parties as final.

22.6 If after any warning a period of twelve months elapses without any further warnings being issued or other disciplinary action undertaken, that warning and all adverse reports relating to that warning are required to be removed from the staff member's personal fil