| April 2008 |
| Removal of Higher Education Workplace Relations Requirements
and National Governance Protocols Requirements |
| Another aspect of Labor's policy is closer to being implemented,
with the introduction of the Higher Education Support Amendment (Removal of Higher Education Workplace Relations Requirements
and National Governance Protocols Requirements and Other Matters) Bill 2008 (the Higher Education
Bill). This Bill effectively provides that university funding will no longer be tied to universities
offering Australian Workplace Agreements (AWAs) to their employees. |
| The Higher Education Bill repeals section 33.17 of the Higher Education
Support Act 2003. This provision places an obligation on higher education providers, to meet both the Higher
Education Workplace Relations Requirements (HEWRRs) and the National Governance Protocols, in order
to receive increased levels of funding by way of Commonwealth Grant Scheme funds. Under these requirements,
universities had to provide: |
- Choice in agreement making, including offering AWAs;
- Direct relationships with employees, with third parties involved only
at the employee's request;
- Workplace flexibility tailored to the needs of the employer and employee
and extending to barring employment instruments from limiting the "forms and mix of employment arrangements";
- Productivity and performance, including fair and transparent performance
management schemes that rewarded high performers; and
- Freedom of association, including neither discouraging or encouraging
union membership, and barring using Commonwealth grants to pay salaries of union employees or to support
union facilities.
|
| Failure to meet the HEWRRs and the Protocols under section 33.17, would
result in a reduction of a higher education provider's Commonwealth Grant Scheme funding. The Higher
Education Bill removes this condition, leaving a higher education provider open to offering agreements and employment
conditions without being subject to the requirements of the HEWRRs and the National
Governance Protocols. |
| This essentially means that higher education providers will be subject
to the same laws as all other employers and will be able to manage their own industrial relations within those laws. |
 |
| This article is intended to be general information only.
It is not presented as legal advice. Since each legal circumstance is different,
no action should be taken unless specific prior advice is sought on that
action. |
