• Section 1 - Section 1 -Purpose and Context
• Section 2 - Section 2 -Definitions
• Section 3 - Section 3 -Policy Statement
• Part A - Part A -Ordinary/Contract Hours
• Part B - Part B -Travel
• Part C - Part C -Standard Hours
• Part D - Part D -Flexible Hours of Work
• Bandwidth
• Core Time
• Lunch Break
• Settlement Periods
• Time Credit
• Time Debit
• Carryover
• Flexi-leave
• Part E - Part E -Time Records
• Part F - Part F -Overtime
• Part G - Part G -Time in Lieu
• Part H - Part H -Approved Leave and Public Holidays
• Part I - Part I -Changed Arrangements
• Part J - Part J -Shiftwork
• Part K - Part K -Monitoring and Review of the Agreement
• Part L - Part L -Equity Issues
• Part M - Part M -Disputes
• Part N - Part N -Signatories
• Section 4 - Procedures
• Section 5 - Guidelines

Section 1 - Section 1 -Purpose and Context

(1) The University of Western Sydney General Staff Enterprise Agreement 2001-2003 , Clause 27.7, specifies that the University and the Unions will undertake a review of the arrangements for flexi-time and variable hours within the first 9 months of the Agreement to finalise a single codification for flexi-time/variable working hours.

(2) This agreement is the result of negotiations between the University, the NTEU and the CPSU and is to be read in conjunction with the University of Western Sydney General Staff Enterprise Agreement 2001-2003 and the University of Western Sydney General Staff (Interim) Award 1999.

(3) The parties to this agreement are the University of Western Sydney (UWS), the National Tertiary Education Union (NTEU) and the Community and Public Sector Union (CPSU).

(4) This agreement may only be varied by the consent of the parties to the agreement.

Section 2 - Section 2 -Definitions

(5) Nil.

Section 3 - Section 3 -Policy Statement

(6) This agreement is based on a commitment by the unions, general staff and the University to implement flexible working hours for the benefit of general staff and the achievement of the University’s goals. It will facilitate the efficiency of the University and the services provided to students and the public and makes provision for staff to meet their personal commitments and needs.

(7) This agreement provides for:

1. greater flexibility in working hours to assist with workloads and meeting deadlines;
2. a fair recognition of the time worked;
3. improvement in staff morale;
4. a balance between work and personal lives;
5. promotion of the University as a leader and model of excellence.

(8) This agreement should also be read in conjunction with Clause 52 of the University of Western Sydney General Staff Enterprise Agreement 2001-2003 , which provides for flexible work practices for general staff. The Flexible Hours of Work agreement supports social justice principles in recognising the need for reasonable adjustments for staff with carer's responsibility and/or with disabilities.

(9) In organising the hours of work within a work area, supervisors and staff members will balance organisational and individual needs in determining individual working arrangements.

(10) This agreement replaces all previous local Hours of Work arrangements (standard hours, flexi-time, rostered days off and variable working hours) for all continuing and contract general staff across the University and will apply to part-time staff on a pro rata basis.

Part A - Part A -Ordinary/Contract Hours

(11) The daily contract hours of work for full-time staff are seven (7) hours a day, Monday to Friday inclusive.

(12) The ordinary hours of work (exclusive of meal breaks) for full-time staff members are one hundred and forty (140) hours per four week settlement period, or 35 hours per week, and, for part-time, their contracted hours per fortnight.

(13) A staff member may be allowed to work their ordinary hours at any time Monday to Sunday voluntarily to balance family and work demands without any overtime or shift penalty payments under the Enterprise Agreement which might otherwise apply, subject to any arrangement being practicable in the context of the operational requirements of the University and with the prior written approval of the Head of the Organisational Unit.

Part B - Part B -Travel

(14) The time a staff member takes to travel from home to their home campus and return is not included in their hours of work. However, where organisational needs require the staff member to travel to another campus, or other location, any time additional to their normal travel time shall be included as hours of work. Travel between campuses during the day is to be included as hours of work.

Part C - Part C -Standard Hours

(15) Staff may elect, and advise their supervisor accordingly, to work their contracted 7 hour day, 35 hours per week and not take advantage of the accrual of hours provisions of this agreement, however, once this election is made, approval is required from the supervisor to change to the flexible working hours scheme.

Part D - Part D -Flexible Hours of Work

(16) The Flexible Hours of Work system allows staff to vary their daily starting and finishing times, within the bandwidth, in consultation with their work area supervisor and subject to organisational requirements, to meet personal needs. The supervisor, for this purpose, is the person with the delegated authority for approving leave and attendance for the staff member concerned.

(17) Participation in this scheme shall be voluntary. Staff members may elect to join or leave the scheme at any time, in consultation with their supervisor.

Bandwidth

(18) The bandwidth for hours of work is 7.00 a.m. to 6.00 p.m., Monday to Friday, subject to the provisions of sub-clause 27.4 of the University of Western Sydney General Staff Enterprise Agreement 2001-2003 . This is the elapsed time between the earliest permissible starting time and the latest permissible finishing time. This means that time may be accrued during these hours. Staff may choose their daily starting and finishing times within the bandwidth, subject to the provisions of this agreement. A staff member must not work more than five hours without a meal break.

(19) This agreement recognises that, at the time of implementation, there are some categories of staff (for example Gardeners) whose operational start and finish times may put them outside the normal bandwidth provisions. These staff will not be disadvantaged by the introduction of this agreement.

(20) A staff member who wishes to work a regular pattern of work outside the normal bandwidth provisions must seek the agreement of his/her supervisor and approval from the Dean or Director of the work area. Approvals where granted are to be notified to the Director, Human Resources or nominee.

Core Time

(21) The core time for hours of work is 9.30 a.m. to 3.30 p.m. This is the period during the day (excluding the lunch break) when staff are required on duty, unless on approved leave. Any absences during the core time period must be accounted for by flexi-leave, other approved leave or leave without pay.

(22) This agreement recognises that, at the time of implementation, there are some categories of staff (for example Gardeners, as mentioned in the previous subsection), whose operational start and finish times may put them outside the core time provisions. These staff will not be disadvantaged by the introduction of this agreement.

(23) A staff member who wishes to work a regular pattern outside the normal core time provisions must seek the agreement of his /her supervisor and approval from the Dean or Director of the work area. Approvals where granted are to be notified to the Director, Human Resources or nominee.

(24) In exceptional cases, for example urgent carer responsibilities, where a staff member is unable to commence work until after the beginning of core time, or is unable to remain working until the end of core time, they should notify their supervisor as soon as possible and time lost will be debited against their time credits.

Lunch Break

(25) A lunch break of at least one half hour and no more than two hours must be taken between 11.30 am and 2.30 pm with flexibility as to starting times and finishing times, subject to organisational needs. Substantial extension of the lunch break is subject to the approval of the staff member’s supervisor.

Settlement Periods

(26) The hours of work system is based on four-weekly settlement periods commencing on the Friday after every second payday.

Time Credit

(27) Where gainful work is available, staff may accrue work time in excess of seven (7) hours per day. Any amount of time worked above the contract hours is time credit unless it is paid overtime (see Part F - Overtime). At the end of a settlement period a maximum of fourteen (14) hours may be carried forward to the next settlement period. Time in excess of fourteen (14) hours will be forfeited. Where the staff member has been directed not to take flexi-leave because of organisational needs, the untaken days may also be carried over to the next settlement period (see Carryover below).

Time Debit

(28) Any amount of time less than the contract hours worked in a settlement period is time debit. Time debit in excess of fourteen (14) hours at the end of each settlement period will be debited against annual leave or leave without pay as appropriate.

Carryover

(29) A distinction is made here between the accrued hours that may be carried forward into the next settlement period and the flexi-leave that may, under the circumstances described below, be carried over to the next settlement period.

(30) A maximum of fourteen (14) hours time credit may be carried forward into the next settlement period.

(31) In exceptional circumstances, such as peak work periods, with the approval of the Dean or Director, staff may be directed not to take flexi-leave, for which time has been accrued, in a particular settlement period. In these cases, the flexi-leave (up to 2 days) may be carried over to the next period, on the condition that the supervisor and staff member agree to a strategy to ensure that staff reduce their accrued work time. Where carryover into the next settlement period has been approved, such carryover of accrued flexi-days is separate to the maximum permitted fourteen (14 ) hours carry forward referred to above.

(32) Further details on carryover may be found under clause (33) j and clause (33) k of this agreement.

Flexi-leave

(33) Flexi-leave is the taking of time credits worked under the hours of work system as agreed between the staff member and the supervisor. The following procedures must be adhered to when accruing or taking flexi-leave:

1. To allow for planning and organisational management, staff must obtain their supervisor’s approval in advance when wishing to take flexi-leave. Staff cannot expect always to take their flexi-leave on a Friday or Monday. In the interest of ensuring the continued effective and efficient operation of the work area, other days of the week may be agreed on.
2. Requests for flexi-leave will not be unreasonably refused.
3. A maximum of two (2) days flexi-leave per settlement period may be taken, where organisational needs allow, with a maximum of fourteen (14) additional hours, debit or credit, able to be carried forward to the next settlement period. Flexi-leave is to be taken on an hour for hour basis and is not accrued at overtime rates.
4. Flexi-leave may be taken in units of full days or half days in a settlement period, based on a 7-hour day. The needs of the organisational work unit must be taken into account when planning work and flexi-leave arrangements. Staff must ensure that leave proposals are discussed with their supervisor.
5. Flexi-leave may be taken on consecutive days.
6. It is not necessary for staff to have a credit balance when taking flexi-leave.
7. When taking a half-day flexi-leave, at least three and a half hours must be worked before or after the taking of the flexi-leave, i.e. a period equal to half the staff member’s daily contract hours must be worked within the bandwidth, either before or after taking the half-day flexi-leave.
8. A half-day flexi-leave may be taken with a half-day annual leave, leave without pay, special leave, bereavement leave, family and cultural leave or study leave, so as to cover a full day’s absence from duty.
9. Supervisors must ensure that the staff member is able to take their flexi-leave to a maximum of two days in each four-week settlement period in which the time is accrued. Time credits can only be taken as flexi-leave at a later time in accordance with the provisions detailed below.
10. Supervisors must give reasonable notice when they request a staff member not to take flexi-leave due to organisational demand. Where organisational demand prevents the taking of flexi-leave (up to the two days per settlement period) these hours (maximum additional 14 hours) may be carried over to the next settlement period. The staff member will not lose the accrued flexi-leave but must be allowed to take the flexi-leave not allowed to be taken previously (up to the two flexi-leave days) in this next settlement period.
11. In exceptional cases where, because of organisational need, staff are not allowed to take flexi-leave in the next settlement period, a case must be made to the Director Human Resources, through the Dean or Director of the area, for the staff member to carry over the untaken flexi-leave days (up to two days in each settlement period) to the following settlement period.
    1. If a supervisor informs a staff member that they cannot take accrued flexi-leave, and they are still unable to clear these days over two consecutive periods due to organisational requirements, this time, up to two flexi-days per settlement period, will not be forfeited. Unless alternative arrangements have been made in accordance with the previous paragraph for the staff member to continue to carry over the accrued flexi-leave for a further settlement period, the untaken flexi-leave (up to two days for each settlement period) will be paid out at ordinary time to the staff member.
12. Where staff give notice of resignation or retirement they, in consultation with the supervisor, must clear all flexi-leave or credit hours. If the flexi leave or credit hours cannot be cleared, due to organisational needs, the hours will be paid out at ordinary time to the staff member. Any debit hours will be charged against annual leave.

Part E - Part E -Time Records

(34) A time-sheet must be completed by all general staff up to and including HEW Level 9. Electronic time-sheets are available for this purpose and the sheet is to be printed off at the end of each settlement period. The signed printed form must be submitted to the supervisor at the end of each settlement period and held for six (6) years by the supervisor for audit purposes and to comply with the State Records Act.

Part F - Part F -Overtime

(35) Clause 28 of the General Staff Enterprise Agreement 2001-2003 outlines the overtime provisions of the University. In relation to flexible hours, clause 28.6 states that staff members who have the permission of the University to work flexible hours may work in excess or outside the prescribed ordinary hours of work in a day or a week subject to the limits specified from time to time by the University. Time worked to accumulate flexible credits or to extinguish debits will not attract overtime payments.

(36) Overtime is not generally applicable for time worked inside the bandwidth period (i.e. 7.00 am to 6.00 pm) except for those staff who have elected to work standard hours.

(37) However, where the University requires a staff member to work over and above their agreed individual working arrangements, overtime will be paid, even if this is within the bandwidth period.

(38) Where there is a requirement for teaching support, which results in a staff member being required to work hours in excess of the normal individual working arrangements, overtime will be paid for the excess hours, even if this is within the bandwidth period.

Part G - Part G -Time in Lieu

(39) Time in lieu is a term that only applies to approved overtime where the University grants to the staff member time off at overtime rates in lieu of the overtime payment. It does not refer to excess accumulated flexible hours.

Part H - Part H -Approved Leave and Public Holidays

(40) When approved paid leave is taken or public holidays occur, the standard award hours in a day (i.e. seven (7) hours) are to be credited for each such day.

(41) Staff members may only claim time credits for a public holiday where it falls on a day that is their normal work pattern. Work pattern days are not to be varied to enable the staff member to gain time credit for the public holiday.

Part I - Part I -Changed Arrangements

(42) Where it is evident that individual staff members are not able to work successfully within an agreed pattern, the supervisor will discuss the issue with the staff member to resolve the matter.

(43) Where there are changed organisational and operational requirements for the area of work, which may affect the hours worked by staff, the provisions of Clause 53 of the Enterprise Agreement will be followed. The University will consider, amongst other things, the staff member’s family, carer’s and disability needs, and will include these considerations within its decision making. The University and the Unions must discuss and agree prior to other hours of work arrangements being introduced.

Part J - Part J -Shiftwork

(44) Staff who work under set 5 or 7 day rosters receive the appropriate shift allowances and may accrue time in accordance with the shift roster.

(45) For those staff who are required to work designated shifts from time to time, any additional hours accrued on shift days for the purpose of flexi-leave will not attract a shift penalty.

Part K - Part K -Monitoring and Review of the Agreement

(46) The University and the Unions agree to monitor the operation of the agreement through the Joint Consultative Committee (JCC) and will review the agreement 12 months after the implementation date.

Part L - Part L -Equity Issues

(47) The Director Equity and Diversity is available to provide advice on anti-discrimination issues.

Part M - Part M -Disputes

(48) Disputes arising from the operation of this agreement will be dealt with under the provisions of Clause 8 of the University of Western Sydney General Staff Enterprise Agreement 2001-2003 .

Part N - Part N -Signatories

1. NTEU
2. State Branch Secretary
3. CPSU
4. State Branch Secretary
5. University of Western Sydney
6. Acting Vice Chancellor

Section 4 - Procedures

(49) Refer to Electronic Time Sheets which can be accessed from the HR Forms and Templates webpage.

Section 5 - Guidelines

(50) Nil.