AUCKLAND UNIVERSITY OF TECHNOLOGY

ACADEMIC AND ASSOCIATED STAFF
MEMBERS’
COLLECTIVE AGREEMENT

TERTIARY EDUCATION UNION
Te Hautū Kahurangi o Aotearoa

01 July 2022 to 30 June 2023

PART 1
COVERAGE OF AGREEMENT

1.1
Application of Agreement
This Agreement is for Academic Staff, Research Officers, Research Fellows, Teaching
Assistants, Research Assistants & Clinical Educators (the Employees).

This Agreement shall be binding on and enforceable by:
a)  The Vice Chancellor of Auckland University of Technology and
TEU Te Hautū Kahurangi o Aotearoa

Referred to in this Agreement as “the parties”.

1.2
Coverage
This Agreement wil  cover members of TEU employed by the Employer whose work comes
within this coverage clause:

Al  staff employed by the Employer in either permanent, fixed term, proportional, or hourly paid
positions to teach, research, consult, manage or lead courses and/or programmes, develop
curriculum, assist research, provide teacher/staff development and who may also be involved
in student and/or staff support.

This Agreement wil  exclude staff whose substantive appointment is as Heads of Department,
Heads of School, Heads of Discipline, Divisional Heads, Deans and Associate Deans.

1.3
Application of Agreement
(a)
When a person is appointed to a position where the work to be done comes within the
coverage clause of this Agreement the Employer wil :

i)
inform the Employee that this Agreement exists and covers the work to be done
by the Employee; and

ii)
give the Employee a copy of this Agreement; and

iii)  inform the Employee that they may join TEU, give to the Employee an application
form to join TEU and inform the Employee how to contact TEU; and

iv)  inform the Employee that if the Employee joins TEU, the Employee wil  be bound
by the Agreement.

(b)
During the first 30 days of employment, the terms and conditions wil  be the terms and
conditions in this Agreement, and any additional terms and conditions mutually agreed
which are not inconsistent with this Agreement.

(c)
If the Employee agrees, the Employer wil  inform TEU within five working days that the
Employee has accepted employment with the Employer.

1.4
Individual Variation of Agreement for Associate Professors and Professors

The conditions in this Agreement as they apply to Associate Professors and Professors are
minimum conditions and the Employer shall be free to negotiate individual variations to this
Agreement with Employees who are Associate Professors or Professors, provided that such
Employees are afforded the opportunity to seek advice from TEU prior to signing any such
variation.

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1.5   Grandparented conditions

Al  staff appointed to either a Research Path position or Translational Research Path positions
are covered by the grandparented terms and conditions in Schedule E.

1.6
Term of Agreement
This Agreement takes effect on 01 July 2022 and expires on 30 June 2023.

1.7
Variation of Agreement

This Agreement may be varied during its term by agreement in writing between the parties.

1.8
Recognition of Union Authority

The Employer recognises TEU as the union for all Employees who are covered by this
Agreement and who are TEU members. The employer recognises that the unions are
legitimate and important stakeholders which represent union members and have rights and
interests in decisions affecting members’ work and employment. The employer has an interest
in the union being well organised and effective in the employment relationship

1.9
Application of the Provisions of this Agreement
The provisions of this Agreement wil  apply to all Employee parties, whether Academic Staff,
Research Of icers, Research Fellows Teaching Assistants, Research Assistants, Clinical
Educators or Non-teaching Academic Staff, unless specified otherwise by the particular
provision.

1.10  Inadvertent Omission
Any matters inadvertently omit ed from this Agreement shall be the subject of further discussion
between the parties.

1.11  Policies
1.11.1  The parties recognise that other policies and procedures may be current from time to
time to ensure the smooth operation of the University and/or to give practical effect to
those provisions within this Agreement which are subject to Employer discretion and
that, whilst not forming part of this Agreement, these policies and procedures are
binding on Employees.

1.11.2  Should any discrepancies occur between the provisions of this Agreement and any
University policy or procedures, then the provisions of this Agreement shall take
precedence.

1.11.3  Where the University wishes to develop a new policy or procedure or vary an existing
policy or procedure and that variation or addition wil  impact upon Employees’ terms
and conditions of employment, the Employer wil  consult with TEU.

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PART 2
DEFINITIONS

2.1
“Associate Professor” means a person appointed to the position of Associate Professor in
accordance with the University’s policy “Professorial Appointments”.

2.2
“Clinical Teaching” means on and off-campus health science teaching involving patient care.

2.3
“Duty” refers to any time when a lecturer is required by the Employer to be on duty at the

University or at another location.

2.4
“Duty day” means a day which is not approved leave, a holiday, a weekend day or a day

in lieu of a weekend day.

2.5
“Lecturer”  means a person employed in an academic position which may include any
combination of teaching, research, administration and other professional contributions. The
term lecturer includes senior lecturers unless it is used to refer to the basic salary grade for
lecturers. Refer to Schedule C for factors characterising lecturers and senior lecturers.

2.6
“Lecturer (TL & TSL)” refers to Lecturers on the TL & TSL payscale and associated terms
and conditions, including discretionary leave, and professional development days/grant.

2.7
“Lecturer (CPL & CPSL)” refers to Lecturers on the CPL & CPSL payscale and associated
terms and conditions, including sabbatical/research and study leave, and a higher salary scale.

2.8
“Non-teaching  Academic  Position”  means a position requiring less than 50 timetabled
teaching hours per year and significantly reflecting the criteria listed in Schedule C.

2.9
“Hourly Paid” refers to positions paid on an hourly basis.

2.10  “Professor” means a person appointed to the position of Professor in accordance with the
University’s policy “Professorial Appointments”.

2.11.  “Proportional” refers to a person employed for a specified fraction of full-time.

2.12  “Research Officer” means a person who supports the research process under the supervision
of a researcher and who, themself, is embarking on a research career.

2.13  “Research” is defined by University policy.

2.14  “Research  Fel ow”  A person deployed to a position which requires continuous research
activity and output and for which a higher degree, or equivalent outstanding achievement as
an industry practitioner with relevant industry experience is a pre-requisite. These deployments
are also suitable for those completing Post-Doctoral research fellowships or fixed term research
contracts.  Teaching in related fields is not precluded.

2.15  “Senior  Research  Fellow”  A person deployed to a position which requires continuous
research activity and output and for which a PhD or equivalent outstanding achievement as an
industry practitioner with relevant industry experience is a pre-requisite.  An internationally
recognised research profile is desirable along with experience in leading research programmes
and/or teams.  Teaching in related fields is not precluded.

2.16  “Flexible Learning Advisor” This is a non-teaching academic position with responsibility for
facilitating the development and implementation of flexible learning and teaching initiatives at
AUT, including the use of online technologies.  Staff deployed as Flexible Learning Advisors
are located in the Centre for Education and Professional Development and work co-operatively
with assigned academic groups within Faculties and/or Directorates.
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2.17  “Clinical Educator”
1.
Is a health professional holding registration in one or  more of the listed disciplines
(excepting Paramedicine).
2.
Guides and supervises students undertaking clinical practice.
3.
Assesses clinical practice

Duties, including clinical simulation, may take place on or off campus.
Disciplines: Nursing, physiotherapy, midwifery (excluding MDES midwives), dental hygiene,
dental therapy, podiatry, psychotherapy, occupational therapy and paramedicine.
Note: Paramedicine is not currently a registered health profession.

2.18  “Service” means
(a)
(i)
Continuous service in the employment of any NZ Polytechnic or University,
provided that for any staff employed at 1 May 2001, service which has or ought
to have been recognised under the CEC expiring on 1 March 2001 shall continue
to be recognised, and
(ii)  Continuous service as a teacher or educator in any operation which has been
absorbed into the Polytechnic sector, and
(iii)  Periods of continuous hourly paid and fixed term service with the Employer, which
are aggregated to the full-time equivalent service for the purposes of this
definition, and
(iv)  Any other service the Employer agrees to recognise at the time of appointment.

(b)
“Continuous service” for the purposes outlined above includes all periods of paid leave
and periods of unpaid parental leave and is not broken by, but does not include any:

(i)   approved leave without pay;
(ii)  breaks of not more than three months between employment within the Polytechnic
and University sectors.

2.19  “Teaching Day” means any duty day on which teaching is timetabled or on which distance
learning teaching duties are undertaken.

2.20  “Timetabled Teaching Hour” means one hour spent in timetabled class instruction including
any timetabled hour of structured learning activity for which the Employee is responsible.

2.21  “TTH” see “Timetabled Teaching Hour”

2.22  “Teaching Assistant and Research Assistant” means a person who assists a lecturer in the
teaching and/or research process, such lecturer being responsible for the day-to-day teaching
programmes, student assessment, curriculum and course development and research design.

2.23  “University” has the same meaning as defined in the Education Amendment Act 1990 and
includes any other organisation engaged in the delivery of teaching/learning programmes for
which the CEO fulfils the role of Employer.

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PART 3
TERMS OF APPOINTMENT

3.1
Categories of Appointment

3.1.1  The categories of appointment are:
(i)
Permanent, i.e. tenured, fulltime or proportional;
(ii)  Fixed term, i.e. limited tenure, fulltime or proportional;
(iii)  Hourly paid.

3.1.2  Proportional Appointments
(a)  An employee may request a variation of proportional employment.
(b)  The letter requesting such variation should specify the start and the renewal date
or end date of this variation.
(c)  Such requests shall be considered with regard to the operational requirements of
the University.
(d)  Any such revised and agreed working arrangements should be confirmed in
writing
(e)  Proportional appointments should be in 0.1 increments between 0.2 and 0.8. That
is in 0.2, 0.3, 0.4, 0.5, 0.6, 0.7 & 0.8 proportions.

3.1.3  Fixed Term Appointments
Fixed term appointments shall be for a specified period of time.

Fixed term appointments shall only be entered into for the following reasons:

a)  to relieve for a substantive position where the incumbent is on approved leave;
b)  to fil  a vacancy pending permanent (tenured) appointment;
c)  emergency relief positions;
d)  to provide for a secondment or to provide cover as a result of secondment;
e)  to undertake a finite task for a period not exceeding two years;
f)  to match a period of contractual/targeted funding (e.g. for research) where the
renewal of such funding is not subject to a regular renewal cycle;
g)  to trial a new course for a period not exceeding two years.
h)  to provide for increases in enrolments in particular subject areas in excess of
planned (budgeted) increases.
i)  to give ef ect to an employee’s retirement plans.
j)  To provide for staff employed under the Graduate Assistantship Awards for Masters
Research.
  The TEU Branch president wil be advised at the time of advertising, the reasons for
fixed term appointments and the duration of the appointment.

(a)  Where a fixed term appointment requires a full year’s teaching load, including
attendant duties, it shall be for a period of not less than 12 months. Refer
Schedule C for details of attendant duties.

(b)  Where an Employee is to be employed on consecutive semesters within the same
academic year, the fixed term appointment shall be continuous over these
semesters.

(c)  For fixed term lecturers appointments of less than 12 months, but greater than six
weeks, a minimum of three weeks additional paid duty shall be provided to ensure
adequate time for preparation, marking and other relevant duties. This additional
duty time shall be provided before the beginning and after the finish of teaching
and or exam/assessment week and shall be apportioned to meet the nature of the
appointment.
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(d)  Lecturers appointed according to increases in enrolments may not have their
agreement extended or rolled over beyond two semesters. Should increased
enrolments be maintained for two consecutive semesters fixed term appointments
so created shall be advertised as permanent positions in accordance with AUT
policy.

(e)  The options under the surplus staffing provisions of this Agreement shall not apply
at the conclusion of the specified term of employment when fixed term
appointments have been made for one of the purposes above.

(f)   If, at the expiry of a fixed term appointment the genuine reason for the expiry no
longer exists and the work is ongoing, the provisions of clause 3.2.1 shall not
apply and the incumbent wil  be confirmed into a permanent position.

(g)   Confirmation of the incumbent is conditional upon satisfactory performance as
defined through the monitoring and review process as prescribed in clause
3.2.3(c)

Note ‘fixed term’ has the same meaning as ‘limited tenure’.

3.1.4  Hourly paid appointments may be:
(i)
on a full-time basis, when appointed for periods of less than six weeks at any one
engagement;
(ii)  or longer than six weeks when employed for hours which are not more than 0.4
of fulltime in terms of clause 5.4(a) of this Agreement.

An Employee who exceeds these maxima on an irregular basis only may continue to
be classified as an hourly paid Employee (refer also to clause 4.2.4).

3.1.5   The Employer wil  develop, in consultation with the Collective Monitoring Committee,
policies relating to conditions for hourly paid Employees including:
(i)
equitable, reasonable and safe workload;
(ii)  expectations on accepting employment;
(iii)  career structure;
(iv)  accommodation;
(v)  staff training provisions;
(vi)  salary review provisions;
(vii)  salary assessment procedures;
(viii)  determination of salary loading.

3.2
Appointment Procedures

3.2.1  Advertising of Vacancies
(a)  New permanent positions and fixed term appointments for periods greater than
one year’s duration subject to  clause 3.1.3, wil  be advertised externally in a
manner to allow suitably qualified people to apply.

(b)  Changes in the proportionality of currently fil ed positions shall not constitute a
vacancy which requires advertising.

Refer to the Recruitment Policy for the correct procedure.

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3.2.2  Equal Opportunities
The Employer wil  appoint staff in accordance with an equal employment opportunities
programme developed, implemented, monitored and reviewed in consultation with the
local branch of TEU.

3.2.3  Monitoring and Review
(a)  Employees appointed for the first time to permanent or fixed term positions may
be required to undertake a monitoring and review period of up to one year.

(b)  The Employer may credit towards the Employee’s monitoring and review period
three to six months of any continuous service at a University.

(c)  The Employer wil  give the Employee  writ en reports on their performance:
a)  an interim report at the end of the first three months,
b)  a report at six months,
c)  and prior to the completion of the agreed monitoring and review period.

3.2.4  At the six month or subsequent review points, the employer may resolve to continue the
monitoring and review process. If the monitoring and review is not undertaken by the
employer at 12 months by default the monitoring and review process is deemed
completed.

(a)  Should an Employee not reach the required standards during the monitoring and
review period the Employer wil  follow the university policy which may result in
termination of employment.

(b)  An appointment subject to monitoring and review can be terminated with one
month’s written notice by either party.

(c)  Where unsatisfactory performance has not been rectified the Employer may
terminate the appointment during or at the end of the monitoring and review period
providing reasons in writing to the employee.

(d)  Notwithstanding the provisions of clause 3.2.3 a shorter monitoring and review
period than the time taken for the completion of a higher degree may be agreed
between the Employer and the Employee.

(e)  If an Employee is reappointed to a substantively different position after a break of
employment from AUT, or to a permanent role following a fixed term appointment
of less than two years, a period of monitoring and review of up to six months may
apply.

(f)  Employees subject to monitoring and review are required to undertake
appropriate professional development. (Refer to clause 7.2(a)). They may be
required to use discretionary leave and professional development time for this
purpose. (Refer to clause 7.2(b)).

(g)  Employees subject to monitoring and review shall have a reduced TTH workload
during their monitoring and review period. (Refer clause 5.3(i) & 5.3(i )). This
workload represents 80% of that which applies to lecturers not subject to
monitoring and review. This ratio should be applied to reflect usual workloads
within the lecturer’s teaching context. (Refer to Schedule D clause 2.1).

Refer to Monitoring and Review of New Employees Procedures,

Discipline Policy.
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3.3
Termination of Employment

3.3.1  Notice of Resignation/Termination of Employment
(a)  Permanent employment may be terminated with two months’ writ en notice by
either party.

(b)  Fixed Term employment may be terminated with one month’s written notice by
either party or at the end of the specified period of employment.

(c)  Hourly paid employment may be terminated with two weeks’ writ en notice by
either party or at the end of the specified period of employment.

(d)  Nothing in this clause wil  remove from the Employer the obligation to observe the
principles set out in clause 3.3.2 prior to applying any notice to an Employee in
the event of a termination of employment resulting from disciplinary action.

(e)  Notwithstanding the above, any Employee may be summarily dismissed for
serious misconduct.

3.3.2  Disciplinary Procedures for Employees
In any disciplinary action the following steps wil  be observed:

(a)  The Employee must be advised in writing of the specific problem and given
reasonable opportunity to respond;

(b)  Before any substantive disciplinary action is taken, an appropriate investigation is
to be undertaken by the Employer;

(c)  The response of the Employee must be considered before a decision is made;

(d)  The Employee must, if advised of any improvement required, be given reasonable
opportunity and assistance to change, and be advised of the consequences if the
problem continues;

(e)  The Employee must be advised by the Employer of their right to request union
assistance, and/or representation at any stage.

(f)  The notification of the problem, the result/s of any investigation and any action
taken are to be recorded in writing and provided to the Employee.

(g)  In the case of serious misconduct the Employer may:
(i)
suspend with or without pay;
(ii)  place on other temporary duties; or
(iii)  dismiss without notice.

Where the Employee has been suspended and the allegation is subsequently found to
be without substance, the Employee must be entitled to resume the position from which
they were suspended and be reimbursed for any loss of pay.

Refer to Discipline Policy and Early Resolution Policy.

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3.3.3  Incapacity
(a)  If as a result of physical or mental incapacity the Employee is unable

to perform the duties of the position, the Employer:
(i)
wil  consult with TEU on behalf of the Employee;
(ii)  may require the Employee to undergo a medical examination, at the
Employer’s expense, by a registered medical practitioner nominated by the
Employer, or if the Employee wishes, two registered medical practitioners,
one nominated by the Employer and the other by the Employee;
(iii)  wil  take into account any report and/or recommendation made available as
a result of the medical examination(s) or any other medical reports and/or
recommendations which are provided by the Employee, and apply one or a
combination of the following options:
•  no further action under this clause
•  redeployment
•  proportional employment
•  an agreed period of leave without pay up to one year
•  terminate employment by giving two months’ written notice.

(b)  Where employment may be terminated under this clause the Employee wil  be
entitled to remain in employment until their  sick leave is used or to end their
employment immediately and be paid all remaining sick leave.

3.3.4  Abandonment of Employment
Where an Employee is absent from work for five or more consecutive workdays without
notifying the Employer of the reason for absence, they wil  be deemed to have
abandoned their employment, provided the Employer has taken all reasonable steps to
contact the Employee. Where an Employee was unable, through no fault of their own,
to notify the Employer, the employment shall not be deemed to have been abandoned.
The Employer wil  notify TEU at the point at which representation is required.

3.4
Miscel aneous Terms

3.4.1  Academic Freedom
(a)  Under the Education Amendment Act 1990, all employees have the freedom
within law, to question and test received wisdom, to put forward new ideas, to
state controversial or unpopular opinions and to engage in research.

(b)  The University acknowledges the practice of academic freedom is essential to the
professional conduct of teaching, research and scholarship. AUT encourages all
employees to engage in the responsible pursuit of knowledge and to provide
informed and accurate commentary within the scope of their expertise.

(c)  Academic freedom must be exercised to the highest ethical standards, in a
professional, timely and lawful manner  that,  shows respect for the opinion of
others and recognises the institution’s statutory requirement to account for the
proper use of resources.
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PART 4
CAREER PROGRESSION AND REMUNERATION

4.1
Statement of Intent

The following provisions recognise the need for Employees to develop as professional teaching
and/or research practitioners and the desirability of integrating professional development and
remuneration with the acquisition and application of professional practice skil s and attributes.

4.2
Rates of Pay

4.2.1  Salaries and Hourly Rates
Employees wil  be paid at the appropriate rates set out in Schedule B. These are
minimum rates. Staff specifically instructed to work on a public holiday wil  be paid at
time and a half in accordance with the Holidays Act 2003 (and subsequent
amendments).

4.2.2  Starting Salaries
(a)  The appropriate salary at the time of appointment wil  be determined following an
assessment of a new Employee’s skil s and attributes according the University’s
First Salary Assessment for Lecturers policy.

(b)  The Employer may pay a market force allowance over the assessed salary level,
(see clause 4.4.1 below).

Refer to the First Salary Assessment for New Lectures Procedures .

4.2.3  Proportional Positions
Salaries wil  be paid on a proportional basis as follows:

Fulltime salary rate x predetermined proportion of the position.

This wil  be confirmed in the letter of appointment.
4.2.4  Hourly Paid Positions
(a)  Hourly paid Employees wil  be paid the rates in Schedule B for each hour of work.
When this involves timetabled teaching an agreed amount of additional paid work
of not less than 0.2 hour per teaching hour is to be credited.

(b)  In deciding the amount of additional paid work the Employer wil  maintain an
equitable workload which reflects that of full-time Employees doing similar work.

4.3 Salary Progression

4.3.1  Progression  within  the  Lecturer  Grade,  Research  Officer,  Research  Fel ow,
Teaching Assistants, Research Assistant and Clinical Educators Grades
(a)  Increments
(i)
Subject to subclauses (b) and (c) of this clause, the salaries of Employees
in the Lecturer, Research Officer, Research Fellow, Teaching Assistants,
Research Assistants and Clinical Educators grades wil  advance by one
step after each year of service.

(ii)  No increments wil  be paid to Employees while they are on monitoring and
review.

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(b)  Accelerated Increments
(i)
A double or accelerated increment may be approved by the Employer for:
•  meritorious performance
•  ensuring relativity within the University
•  retention.
(iii)  The new increment date is from the date the advanced increment took
effect.

Refer to the HR guidelines “Accelerated Increments” for the process to

apply in providing accelerated increments.

(c)  Withholding of Increments
An increment may be withheld if, in the Employer’s opinion, an Employee’s
performance over the previous year has been unsatisfactory.  The Employer wil
notify the Employee of the decision and the reasons for it.

Refer to the Withholding of Increments Policy.

4.3.2  Progression to Research Officer – Above the Bar
To progress beyond R08 a Research Of icer must hold a minimum of a Masters level
qualification by research and demonstrate that they are fully competent in al  aspects of
the Research Officer position, both in terms of the general expectations and
characteristics of Research Officers as outlined in Schedule C and any specific
requirements of the Position Description pertaining to a particular role.

4.3.3  Research Officer to Senior Research Officer

To be promoted to Senior Research Officer a Research Officer must demonstrate that
they have  the requisite skil s and experience specified in the position description and
is performing at an outstanding level in respect of their duties in the current role and
with reference to Characteristics for Senior Research Of icers in Schedule C.

4.3.4  Promotion to the Senior Lecturer Grade
Promotion to the Senior Lecturer Grade wil  be upon verification of the attainment and
application of the appropriate Senior Lecturer skil s and attributes set out in Schedule
C. Verification wil  be carried out according to policy and procedures developed and
reviewed under Clause 11.7 and Schedule A of this Agreement.

4.3.5  Progression  within  the  Senior  Lecturer,  Senior  Research  Officer  or  Senior
Research Fellow Grade

(a)  Increments

Following the requirements of 4.3.4 Employees wil  enter the Senior Lecturer,
Senior Research Of icer, or Senior Research Fellow grade at the bottom salary
step.

Progression within the Senior Lecturer grades is as follows:
Steps 1 to 6: Progression within the senior lecturer grade, steps 1 to 6, is based
on annual increments; Grades wil  advance by one step after each year of service.
Increments may be withheld if, in the Employer’s opinion, performance over the
previous year has been unsatisfactory. If an increment is to be withheld the
Employer wil  notify the staff member of the decision and the reasons for it.

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Steps 6 to 7. Progression from step 6 to step 7 may occur only as a result of a
Progression review that shall be carried out regularly at intervals of not more than
every 12 months.

There wil  be no budgetary restriction on access to steps 7 and above.

Progression decisions at steps 6 to 7 may be appealed to the Deputy Vice
Chancellor by way of a University wide appeal commit ee.

Steps 7 to 9. Progression within the senior lecturer grade, steps 7 to 9 is based
on annual increments; Grades wil  advance by one step after each year of service.
Increments may be withheld if, in the Employer’s opinion, performance over the
previous year has been unsatisfactory. If an increment is to be withheld the
Employer wil  notify the staff member of the decision and the reasons for it.

(b)
Variations to Incremental Progression
The provisions of clause 4.3.1 subclause (b) and (c) wil   apply to incremental
progression on the Senior Lecturer, Senior Research Of icer or Senior Research
Fellow grade.

Refer to all Academic Promotions Policies, Procedures and practice

notes for detailed criteria and full procedures.

4.3.6  Progression within the Associate Professor and Professor Pay Scales

Progression within the Associate Professor and Professor salary scales may only occur
as a result of a salary review that shall be carried out regularly at intervals of not more
than every 12 months. One or more increments may be approved if there is
demonstrated meritorious performance over the previous year. The Employer wil  notify
the Employee of the decision and the reasons for it.

Progression decisions may be appealed to the Deputy Vice Chancellor by way of a
University wide appeal committee.

4.4
Salary Al owances
4.4.1  Market Forces Al owance
A recruitment or retention allowance may be paid in accordance with the University
policy “Market Forces Al owance” for a maximum period of two years to reflect dif iculty
in recruiting or retaining specific skil s and/or experience for any specified position.  The
allowance wil  either be paid annually in advance as a lump sum which wil  be repayable
pro-rata from final pay if an Employee resigns or fortnightly with the normal salary
payment. An allowance may be renewed beyond the initial two year period for a further
maximum period of two years.

Refer to the Payment of Market Forces Al owances Procedures

4.4.2  Acting Higher Duties Salary Al owance
An Employee who acts in a higher position for at least five consecutive days wil  be paid
an allowance, such allowance to be determined in accordance with the University policy
‘Acting Higher Duties’. Approved leave wil  neither count towards nor interrupt the
qualifying period.

Refer to the Acting Higher Duties Appointment and Remuneration

Procedures.

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4.4.3 Special Responsibilities Salary Al owance
(a)  An Employee required by the Employer to undertake special responsibilities over
and above those normally expected of an Employee (as defined by the Employer)
wil  be paid an allowance. This allowance wil  reflect the nature of the
responsibilities and must be at a rate of at least $1,000 per annum and no more
than 20% of the lecturer’s base salary.

(b)  The granting of any special responsibilities allowance wil  be confirmed in writing
to the Employee.  The confirmation wil  define the responsibilities and the period
for which the allowance wil  be paid.  The allowance wil  be subject to annual
review and wil  be terminated by the Employer by giving one month’s notice in
writing.

Refer to the Special Responsibilities Al owances Procedures

4.5
Payments
4.5.1  Method of Payment
Salary wil  be paid on a fortnightly basis by direct credit to the employee’s nominated
bank account.

4.5.2  Payments for Salaried Employees

When employment ceases the Employee wil  receive payment for any Statutory
Holidays, unused annual leave and discretionary leave owing, in accordance with the
Holidays Act and any subsequent amendments.

4.6
Salary Profile within the University

A profile of salaries paid to Employees under this Agreement is to be made available to TEU
annually.  The profile wil  list salaries paid to Employees by paid rate, gender and length of
employment. Other information on salary profiles wil  not be unreasonably withheld.  Where it
is necessary to protect individual privacy, information may be supplied in a way which prevents
identification of an individual.
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PART 5
WORKLOAD

5.1
Intent
The Employer recognises the importance of setting equitable, reasonable and safe workloads,
both for the ef ectiveness of the University’s operations and services and for the well being of
staff.
A full annual workload wil consist of an agreed balance of activities including teaching and
attendant duties (subject to the provisions and maxima specified in Part 5), research, academic
leadership and other contributions to the university – the balance to be agreed between the
manager and the staff member taking into consideration the university’s needs and priorities
and the staff member’s professional interests, experience and qualifications.

5.2
Workload Principles
Work allocation wil  be through an open and clear process, based on sound principles and
informed by appropriate quantitative measures.

The Employer is to ensure that Employees are allocated a workload that adheres to the
following principles:
5.2.1  The workload must be equitable.

“Equitable” means that Employees with comparable responsibilities should have similar
workloads.

5.2.2  Total workload must be reasonable.

“Reasonable” means the workload can be managed within the timeframes and
deadlines set, and that lecturers wil  be able to maintain a balance between professional
and personal life, accepting that normal fluctuations wil  occur.

5.2.3  Total workload must be safe.

“Safe” means that work is allocated so that it would not normally result in physical or
mental harm to Employees, their colleagues, or students for whom they are responsible.

5.2.4  Al   aspects  of  workload  must  be  taken  into  account  in  the  al ocation  of  work
including:
(i)
Timetabled teaching hours and all attendant duties including:
•  preparation for lessons
•  routine administration and participation in University process
•  student assessment
•  ordinary student pastoral care and assistance
•  routine updating of courses and material
•  contribution to day-to-day maintenance of teaching areas
•  maintaining skil s and professional currency.
(ii)  and, all other relevant workload factors including:
•  class size
•  course development requirements
•  assessment requirements
•  student support requirements
•  other demands of the teaching programme
•  experience and skil  level of the Employee
•  particular requirements related to open/distance learning
•  cultural requirements of Charter obligations
•  EEdO/EEO obligations of the organisation
•  the need for breaks from timetabled teaching throughout the year
17

•  participation in research projects as appropriate
•  teaching across a range of courses/programmes
•  rapidly changing disciplines
•  post-graduate supervision.
•  particular requirements related to technology-enhanced delivery options,
such as web-based delivery.

5.2.5   Partnership: Te Noho Kotahitanga
In allocating work to Maori staff, the following wil  be considered:
•  the need for recognition of the specific skil s and expertise Maori staff may bring to
their employment situation and their community;
•  recognition of the many accountabilities of Maori staff to their Employer, to iwi, hapu
and whanau;
•  the need for iwi, hapu and whanau to be involved with the University, both for
support of staff and as part of the process of consultation;
•  acknowledgement of cultural duties Maori staff may undertake over and above their
designated role as academic staff within their own discipline areas.
  5.3  Timetabled Teaching Hours (TTH) – refer definition clause 2.20
The following TTH maxima apply to full-time Employees (see clause 5.5.1 for proportional
staff).  Within these maxima, TTH wil  vary in recognition of different teaching activities and
other workload factors.
(i)  per year  (i.e. 01 February to 31 January), for:
•  Lecturers
  750 TTH
•  Teaching and Research Assistants
1000 TTH
•  Lecturers on monitoring and review
  600 TTH

(ii)
per quarter (i.e. the year 01 February to 31 January divided into four equal periods), for:
•  Lecturers – Teaching Path


   300 TTH
•  Teaching and Research Assistants

   360 TTH
•  Lecturers on monitoring and review

   240 TTH
Also refer to the workload policy in Schedule D.

(iii)
The TTH maxima in (i ) above wil  be reduced whenever a day of professional
development time, approved leave , or a statutory holiday is taken as follows:
•  Lecturers

4.5 TTH per day
•  Teaching Assistants and Research Assistants  5.5 TTH per day
The maximum number of TTH per week should not exceed 20TTH per week on a
regular basis.

The TTH maxima in (i) above wil  be so reduced whenever a day of approved leave
other than annual leave or discretionary leave is taken.

(iv)
Timetabled teaching for any Employee wil  be spread over no more than 185 teaching
days in the year.

(v)
Where programmes with exceptional timing factors cannot be accommodated by the
quarterly TTH maxima alternative arrangements may be agreed with the Collective
Monitoring Committee.

(vi)
For Employees with increased workload because of special responsibilities referred to
in clause 4.4.3, the maximum timetabled teaching hours or the maximum hours of
teaching duties for distance learning wil  be reduced by an amount determined by the
18

Employer and which is consistent with the Employee’s workload being maintained at an
equitable and reasonable level.

5.4
Duty Hours – refer definition clauses 2.3 and 2.4
The following limits on requirements to undertake duty apply for full-time Lecturers, Research
Of icers, Teaching and Research Assistants and Non-teaching Lecturers (see clause 5.5.1 for
proportional Employees).

(a)
Weekly Duty Hours
(i)
An Employee may be required to undertake duty each week between the hours
of 8.00 am and 9.30 pm. Monday to Friday inclusive, and for a total of no more
than:
•  34 hours for Lecturers;
•  36 hours for Lecturers  who consent, or who have agreed at the time of
appointment, to this higher limit;
•  37.5 hours for Non-teaching Lecturers, Research Officers, Teaching
Assistants, Research Assistants, Clinical Educators and Research Fellows.

(ii)  Within the total hours set out in (i) above, Employees may be required to
undertake duty for up to a total of eight hours a week after 5.00 pm and on no
more than two nights each week.

(iii)  An Employee may consent to undertake duties:
•  after 5.00 pm in excess of the provisions in (i ) above
•  at weekends, provided that duty is spread over no more than five consecutive
days, except when it is part of an approved professional development
programme under Section 7.

(b)
Daily Duty Hours
An Employee will:

(i)
be on duty for no more than eight hours in any day, except when:
•  on field trips or approved off-campus teaching duties;
•  travelling in the course of duties, or on official business, when travelling time
may be counted as duty up to a maximum of 10 total duty hours in one day.

(ii)  take a meal break of not less than 30 minutes and not more than one hour after
each period of five hours of continuous duty.
(iii)  not be required to undertake duty within 12 hours of completing duty on the
previous day.

(c)
Exceptions for Clinical Teaching Duties

Employees engaged in clinical teaching duties may be required to undertake such
duties for up to 450 hours outside the hours of 8.00 am and 5.00 pm from Monday to
Friday in any year (01 February to 31 January).

5.5
Workload Provisions for Specific Types of Position

5.5.1  Lecturers (CPL & CPSL) are expected to participate in research (or agreed equivalents)
as part of their normal work and to include research in any review of their work and
performance. Teaching hours wil  be consistent with the limits set out in Schedule D of
the AUT Academic and Associated Academic Staff Members Collective Employment
Agreement, which specifically provides for those lecturers expected to undertake
research.
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5.5.2  Proportional Employees
(a)  Al  TTH and the weekly Duty Hours maxima set out above wil  be reduced
according to the predetermined proportion of full-time employment for a
proportional Employee.

(b)  Notwithstanding clause 5.4 (a) a proportional Employee may consent to work
fulltime for a proportion of the year equal to the proportion for which they have
been employed; provided that if the Employee’s employment is prematurely
terminated payment wil  be made for the necessary number of additional days to
bring the workload back to the predetermined proportion of fulltime.

5.5.3  Non-teaching Lecturers
(a)  A Non-teaching Lecturer shall not be required to use more than 80% of available
duty time for defined tasks and functions of the position.

(b)  The Non-teaching lecturer wil  exercise discretion over the use of a minimum of
20% of available duty time for professional requirements/activities/attendant
duties having due regard for the operational requirements of the University.

5.6
Workload Policy
The Employer’s policy “Workload” shall be binding on the parties as if it were part of this
Agreement and shall be subject to amendment following consultation and agreement with TEU
National Of ice and Branch. The policy shall be reviewed annually.
20

PART 6
LEAVE

6.1
Limitations of Leave Provisions

6.1.1  The following leave provisions do not apply to Hourly Paid Employees.

6.2
Leave of Absence to Count as Days and Half-Days

For any Employee absence for any one session (being a morning, afternoon  or evening
session) wil  count as absence for one half-day but absence for two or more sessions in one
day wil  count as absence for one day.

6.3
Leave on an Annual Basis

6.3.1  The Leave Year
For the purpose of calculating leave, the leave year wil  be 01 January to 31 December
.

6.3.2  Statutory and University Holidays
The following days wil  be whole holidays, in addition to annual leave and discretionary
leave:

New Year’s Day
The day after New Year’s Day
Christmas Day
Boxing Day
Good Friday
Easter Monday
Easter Tuesday
Anzac Day
The Sovereign’s birthday observance
Waitangi Day
The Anniversary Day of the province
Labour Day
Matariki
(a)  In the event of a Statutory holiday falling on a Saturday or Sunday, such holiday
shall be observed on the following Monday and in the event of another holiday
falling on such a Monday then the Statutory holiday shall be observed on the
succeeding Tuesday.

(b)  Should an employee be instructed to work on a statutory holiday, it being a day
they would normally work, then they shall be entitled to a day off in lieu, to be
taken by mutual agreement, at a later date.
6.3.3  Annual Leave for all Employees
Al  employees are entitled to five weeks of annual leave in each leave year.

6.3.4  Conditions Relating to the taking of Annual Leave
For all Employees, leave is to be taken subject to the following:

(a)  The timing of annual leave wil  be fixed having regard to the operational
requirements of the University provided that the Employee is not prevented from
taking his or her leave entitlement in the current leave year. Every effort should
be made by the Employer to accommodate reasonable requests for the timing of
leave. Requests should not be unreasonably withheld.

21

(b)  Periods of leave are to be taken not less than one day at a time.

(c)   Lecturers are entitled to one block of leave of at least four weeks.

(d)  Al  other Employees are entitled to one block of leave of at least three weeks.

(e)  Employees may apply for approval to carry forward leave entitlement of up to 10
working days to a subsequent year, for up to one year.

6.3.5  Discretionary Leave

(a)  This clause only applies to Lecturers (TL & TSL).

(b)   Lecturers wil  be entitled to four weeks per leave year to be used at the
Employee’s discretion, with the following exceptions:
(i)  Up to three weeks in each of the first two years of employment for initial
lecturer training

(ii)  Where the Employee is required to use discretionary leave for directed
development in the areas where performance inadequacies have been
identified by the University’s formal appraisal procedures

(c)  Exchange of Discretionary Leave
(i)  The Employee and the Employer may agree in writing to exchange or convert
the quantum of discretionary leave either in full (i.e. four weeks per leave
year) or in part (but not less than one week). The Employee wil  be advised
of his or her right to seek advice from TEU prior to any agreement. No
Employee wil  be required to exchange or convert his or her discretionary
leave.

(ii)  This agreed exchange wil  be for a fixed period and/or  for an agreed purpose.
On expiry of the agreed term the Employee’s original remuneration and
conditions of service, including the original terms of the discretionary leave,
wil  apply unless a new Agreement is signed.

(iii)  Where the discretionary leave is exchanged for salary the Employee shall be
compensated at the rate of 2.5% of salary for each week exchanged. This
2.5% per week salary increase becomes part of the Employee’s total salary
from the time the leave is exchanged, is in effect.

(iv)  The exchange or conversion of Discretionary Leave does not affect the
workload provisions relating to teaching days or teaching hours (refer to
clause 5.3 and to the University’s Workload Policy).

(v)  Should discretionary leave be exchanged for an Employee at the
commencement of his or her employment, such exchange shall not remove
the requirements under clause 7.2(a) relating to professional development for
a permanent Employee without significant prior teaching experience. In the
case of such an Employee not demonstrating the required capabilities
through an appropriate Recognition of Prior Learning (RPL) process, the
Employer shall make available to the Employee the time necessary (up to 12
weeks) in order to undertake the professional development required. In such
circumstances the Employer shall make the time required for professional
development available to the Employee by sufficient reduction of TTH.

22

(d)  Unless the Employee agrees otherwise, discretionary leave wil  be used in blocks
of not less than one week and wil  be timed having regard to the operational
requirements of the University.

6.3.6  Annual and Discretionary Leave Timetable
Each Employee wil  be provided with a leave timetable by 31 March each year which
wil  set out planned periods of leave. Periods of discretionary leave and annual leave
may be continuous. Annual leave and discretionary leave as provided for in the leave
timetable shall be deemed to have been taken unless a variation of the timetable has
been agreed with the Employer, in writing. Requests for variation of the timetable wil
be considered in line with operational requirements. Permission to vary timetables wil
not be unreasonably withheld.

6.3.7  Calculation of Annual and Discretionary Leave Taken

Five days of leave taken wil  be recorded as a complete week of leave.  A period of
leave commences on the first working day of absence and ends on the last working day
of absence.

6.3.8  Annual and Discretionary Leave for Employees with Short Service
(a)  Subject to clause 6.3.8(b), Employees with less than 12 months’ full service in
any one year wil  have leave calculated at 21 percent of the period worked less
any leave taken.

(b)  Where an Employee has served less than 12 months and has negotiated a
reduction in discretionary leave or has no discretionary leave entitlement, the
leave calculation wil  be reduced according to the appropriate ratio below:
•  Five weeks leave entitlement:
(and no discretionary leave)
11 percent of the period worked less any leave taken

•  Six weeks leave entitlement:
(i.e. five weeks annual leave and one week’s discretionary leave)
14 percent of the period worked less any leave taken

•  Seven weeks leave entitlement:
(i.e. five weeks annual leave and two weeks discretionary leave)
16 percent of the period worked less any leave taken

•  Eight weeks leave entitlement:
(i.e. five weeks annual leave and three weeks discretionary leave)
18 percent of the period worked less any leave taken

(c)  Employees with short service who have insufficient leave wil  be paid in full when
the University is closed.

6.3.9  Holiday Pay for Hourly Paid Employees

Holiday pay for hourly paid Employees wil  be paid in accordance with the Holidays Act
2003 amended October 2004 and its subsequent amendments.  Payment for statutory
holidays wil  be made only if the Employee would have worked the day in question as
part of their normal timetable.

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6.4
Sick Leave

6.4.1  Sick Leave for Lecturers and Non-teaching Lecturers
(a)  Lecturers and Non-teaching Lecturers wil  be entitled to paid sick leave in
accordance with the clauses below, reduced by the number of days already taken
during the Employee’s service.

(b)  Al  Employees appointed by the Auckland Institute of Technology or the Auckland
University of Technology on or after 02 March 1999 wil  be entitled to 10 days on
appointment.

(c)  The Employee’s entitlement wil  then be increased by five days every six months
thereafter. After fifty increments of five days have been made, the increments wil
cease and the total entitlement wil  remain at 260 days, less the total amount of
sick leave with pay that the Employee has already taken during his or her service.

(d)  Employees appointed by the Auckland Institute of Technology before 02 March
1999.
(i)  Those Employees with accrued sick leave in excess of 260 days as at 02
March 1999 wil  retain their current entitlement.
(ii)  Those Employees with accrued sick leave of less than 260 days as at 02
March 1999 wil  retain their current entitlement and commence accruing five
days of sick leave per six months from their next anniversary or half yearly
anniversary date, accruing  to a maximum of 260 days in accordance with
clause 6.4.1(c).
(iii)  Those Employees who have no accrued sick leave as at 02 March 1999 wil
be entitled to five days sick leave until their next anniversary of appointment
and wil  then accrue leave in accordance with 6.4.1(c).

(e)  Any statutory or University holiday which occurs within an unbroken sick leave
period is not counted for the purposes of calculating sick leave.

(f)  In exceptional circumstances the Employer may grant leave without pay in excess
of the entitlement in (c) and (d) above in anticipation of future entitlements.

(g)  The maximum number of sick leave days to be deducted for fulltime staff for a
week wil  be five days.

Note:  Recognised service for staff employed by the Auckland Institute of Technology prior to
01 September 1993 shall continue to be recognised for the purpose of sick leave
entitlement.

6.4.2  Sick Leave for Associate Professors and Professors
(a)  Associate Professors and Professors shall be entitled to 12 days sick leave on
pay in each year of service. Unused sick leave may be carried forward to the
immediately subsequent year and accumulated to a maximum of 60 days.

(b)  Notwithstanding subclause 6.4.2(a) above, if an Employee was employed by the
Auckland Institute of Technology as at 31 December 1999 and has been
continuously employed since, then any sick leave entitlement that Employee had
at 31 December 1999 wil  continue to apply instead of the provisions of subclause
6.4.2(a).

24

6.4.3  Sick Leave for Research Officers, Teaching Assistants, Research Assistants and
Physiotherapy  Clinical  Educators,  Research  Fellows  and  Senior  Research
Fellows
Research Of icers, Teaching Assistants, Research Assistants and Physiotherapy
Clinical Educators shall be entitled to 12 days’ sick leave on pay in each year of service.
Unused sick leave may be carried forward to the immediately subsequent year and
accumulated to a maximum of 120 days.

Summary of sick leave entitlements


Accumulation
Lecturer
10 days per year
260 days
Non Teaching Lecturer
10 days per year
260 days
Clinical Educators
12 days per year
120 days
Research Of icers
12 days per year
120 days
Senior Research Officers                        12 days per year
120 days
Teaching Assistants
12 days per year
120 days
Research Assistants                                12 days per year
120 days
Research Assistants                                12 days per year
120 days
Senior Research Fellows
12 days per year
120 days
Assoc Professors & Professors
12 days per year               60 days

6.4.4  Medical Certificates
A medical certificate may be required for absences of five or more consecutive days.
Where absence on sick leave, whether with or without pay, is for five or more
consecutive days, the Employee must, unless otherwise agreed by their manager in
writing, produce to the Employer a medical certificate stating the probable period of
absence. The certificate is to be signed by an appropriate health professional.
6.4.5  Accident Compensation
Utilisation of sick leave entitlement in the case of accidents:

(a)  An Employee’s sick leave entitlement under this Agreement wil  not be used in
respect of absence due to an accident certified by a Medical Practitioner as arising
out of employment by the University.

(b)  In respect of a non-work accident accepted by ACC for the purposes of earnings
related compensation, leave with pay wil  be:
•  a charge against sick leave entitlement for the first week;
•  and, thereafter, a proportionate charge against sick leave entitlement in order
that the Employee receives the equivalent of his or her ordinary pay up to and
including such time as the Employee’s sick leave entitlement is exhausted;
•  leave without pay wil   be granted when sick leave entitlement has been
exhausted.

6.4.6  Leave for Sickness in the Home
Employees may be granted paid sick leave to attend to a member of the family or
household who through il ness becomes dependent on the Employee. The production
of a medical certificate or other evidence of il ness may be required.

6.4.7  Extraordinary Sick Leave
Sick leave taken in the following circumstances (up to a maximum aggregate of two
years over the term of employment with the Employer) wil  not be debited from the sick
leave entitlement. Leave wil  not be debited against sick leave entitlement in the
following cases:
25

(a)  Epidemic Disease –  When an epidemic is declared by the appropriate health
authority, the sick leave of Employees who contract the disease wil  be treated as
extraordinary

(b)  Notifiable  Infectious Diseases –  When an Employee contracts an infectious
disease or has been in contact with a sufferer from an infectious disease and is
thereby prevented by direction of the appropriate health authority from attending
a University, leave wil  be treated as extraordinary.

Where ACC declines to accept liability for il ness directly attributable to working
conditions, the Employer may approve not debiting leave taken against sick leave
entitlement.

6.5
Special Leave

6.5.1  Special Leave without Pay

Special Leave without pay, not exceeding two years, may be granted to an Employee
by the Employer.

6.5.2  Leave for Family Reasons

Employees may be granted leave for family reasons with or without pay in the following
circumstances:
(a)  serious il ness of a family member;

(b)  marriage of a close relative;

(c)  other important family occasions.

This provision wil  be administered in a culturally sensitive manner and approval wil  not
be unreasonably withheld.

6.5.3  Bereavement/Tangihanga Leave

An Employee wil  be granted leave on full pay to discharge obligations and/or pay
respects to a deceased person with whom they have  had a close association. If a
bereavement occurs while an Employee is absent on paid leave the leave may be
interrupted and bereavement leave granted.  This provision wil  not apply if the
Employee is on leave without pay.

In granting time off, the Employer must administer these provisions in a culturally
sensitive manner, taking into account the following points:
(a)  the closeness of the association between the Employee and the deceased  (Note:
This association need not be a blood relationship);

(b)  whether the Employee has to take significant responsibility for any or all of the
arrangements to do with the ceremonies resulting from the death;

(c)  the amount of time needed to discharge properly any responsibilities or
obligations;

(d)  reasonable travelling time should be allowed, but for cases involving overseas
travel that may not be the full period of travel.

(e)  A decision on a bereavement leave application wil  be made as quickly as
possible. Approval may be given retrospectively where the circumstances
reasonably prevent prior application. If paid special leave is not appropriate then
annual leave or leave without pay wil  be granted, but as a last resort.
26

6.6
Parental Leave

Introduction

Subject to the enhanced conditions in this employment agreement, the provisions and eligibility
criteria of the Parental Leave and Employment Protection Act 1987 and the Parental Leave
and Employment Protection (Paid Parental Leave) Amendment Act 2002 shall apply to all
employees.

Parental leave may be taken by employees following the birth of a child or legal adoption of a
child under five years. Parental leave is also available to Employees intending to adopt a child
under five years by whangaai placement or at the Employer’s discretion, any cultural
equivalent.

6.6.1  Eligibility
(a)  Parental leave may be taken by the Employee’s described above who have been
employed for an average of ten hours per week for at least six months or more,
who wil  then be entitled to take up to six months combined maternity and
extended leave without pay. If the Employee has more than twelve months service
they may take combined maternity leave and extended leave of twelve months
duration.

(b)  Notwithstanding the leave entitlements set out above, where an Employee and
that Employees partner are both employed by AUT and entitled to Parental Leave
the combined total of maternity, paternity and extended leave taken is not to
exceed twelve months.

Note; the six month eligibility requirement wil  allow the Employee to access the
AUT paid parental leave  provided for in clause 6.6.4 (a)

(c)   Employees who have been employed for an average of ten hours per week for at
least twelve months or more of service wil  be eligible to access the AUT paid
parental leave payment provided for in clause 6.6.4 (a) in addition to making
application for the paid parental leave entitlement as provided by legislation.

6.6.2  Notification and Documentation
(a)  Employees intending to take parental leave are required to give at least three
months’ notice in writing and the application is to be accompanied by a certificate
signed by an appropriate health professional certifying the date of delivery. When
less than three months’ notice is given, approval wil  not be unreasonably
withheld.

(b)  In accordance with legislation, an  employee or spouse (married  or de facto
partner, including same sex partner) applying for parental leave is additionally
required to provide a written assurance from the mother (or primary care giver)
that their partner intends to jointly assume care of the child.

(c)  Leave for a pregnant Employee may commence at any time during pregnancy,
subject to the Employee giving the Employer one month’s notice in writing
supported by documentation from an appropriate health professional. A shorter
period of notice wil  be accepted on the recommendation of a medical
professional.

(d)  An Employee intending to either legally adopt a child, or a Maori Employee
intending to adopt a child by whangaai placement, is entitled to parental leave
provided that the requisite criteria are met. In the case of adoption, appropriate
27

evidence must be provided, but the requirement of one month’s written notice
does not apply.

(e)  Subject to meeting the qualifying criteria in the preceding clauses, parental leave
may be granted for each birth, qualifying adoption or whangaai placement that
occurs while an Employee is employed at AUT.

6.6.3  Sick leave during pregnancy
Periods of il ness due to pregnancy, prior to parental leave commencing, may be
charged against the Employee’s sick leave entitlement. Parental leave is not to be
granted as sick leave, with or without pay.

6.6.4  Paid Parental Leave
(a)  An Employee entitled to take parental leave wil  receive up to nine weeks paid
leave at the rate of the Employee’s full base salary at the effective date that they
commenced leave. The entitlement to nine weeks paid parental leave is separate
from any legislated entitlement (For clarification, there is no entitlement to a “one
off payment”).  Paid parental leave is to be taken at one time at the date of
eligibility..

(b)  An Employee who has, on medical advice, (due to pregnancy), temporarily
reduced proportionality, wil  be paid the nine weeks paid parental leave  at the
rate and proportion that existed immediately prior to the temporary reduction in
hours.

(c)  If for the period of any portion of the period of payment of the nine weeks paid
parental leave  period, the rate of a salary payable is made subject to a
retrospective increase, a sum representing the applicable weekly increase shall
be payable to the Employee on application.

(d)  Where an Employee and that Employee’s partner are both employed at AUT and
entitled to the nine weeks paid parental leave, the nine weeks paid parental leave
wil  only apply to one partner. The Employees concerned are to decide between
them who is to receive the nine weeks paid parental leave and inform the
Employer.
6.6.5   Return to Work
(a)  An Employee must give the employer at least 21 day’s written notice of intention
to return to work before parental leave expires. Where an Employee suf ers a
miscarriage or stil birth, or the infant dies within a parental leave, or an adoption
becomes null and void, a request to return early to work shall be granted.

(b)   Should an Employee wish to return to work early for other personal reasons,
agreement shall not be unreasonably withheld and in such cases, a minimum of
three weeks’ notice must be given.

(c)   An Employee returning from a period of parental leave is entitled to resume work
in the same or similar position to that occupied at the time of commencing parental
leave. That is, a position at the equivalent salary and grading involving
responsibilities comparable to those of the previous position and in the same
location or other location within reasonable commuting distance.

(d)   Where an Employee returning from parental leave wishes to negotiate reduced
hours for a specific period of time, approval shall not be unreasonably withheld by
the Employer.

28

6.6.6  Continuity of Service and Service Based Benefits
(a)  During periods of unpaid parental leave, the Employee’s service, for the purpose
of any rights or benefits that are conditional on unbroken service, shall not be
broken.

(b)  In accordance with the Holidays Act 2003 (amended October 2004), although
annual leave continues to accrue throughout periods of unpaid parental leave,
payment for that annual leave is equivalent to the Employee’s average daily
earnings over the past twelve months.

(c)  Annual leave already accrued wil  not be required to be taken before the
Employee commences parental leave, but may be held over and taken when the
Employee returns to work.

6.7
Miscel aneous Leave Provisions

6.7.1  Leave of absence with or without pay may be granted to an Employee at the Employer’s
discretion. Leave wil  not be unreasonably withheld in the following circumstances:
(a)  Cultural, community and sporting activities, involving national or provincial
representation.

(b)  Educational activities pertaining to an Employee’s work noting that:
(i)  For recognised travelling awards, scholarships and fellowships, leave with
pay wil  normally be approved
(ii)  Examination leave wil  be on full pay

(c)  Upgrading qualifications at the request of the Employer.

(d)  Employee’s Marriage, civil union or similar occasion..

(e)  Involvement in recognised civil defence and search and rescue activities.

(f)  Attendance at meetings of recognised local authorities as a member.

(g)  Attendance, as a duly appointed representative of the union, at meetings of TEU.

(h)  Attendance at approved union education courses.

(i)
Domestic violence leave

Paid leave of up to 10 days per annum wil  be granted to:-

a) an employee who experiences domestic violence
b) an employee who supports a person experiencing domestic violence, unless
the employee is the perpetrator.

Wherever possible, application for the leave should made prior to the leave being
taken. A form of proof acceptable to the employer may be required.

The parties wil  consult over the policy and procedure for implementing this new
clause.

6.7.2  Leave for Approved Statutory Authorities
The Employer wil  grant leave on full pay to an Employee who is required to attend as
a member of, or in a formal capacity at, any of the following statutory authorities with
29

the proviso that any fees due to the Employee from the authority wil  be paid to the
University.
•  A university council.
•  A polytechnic council.
•  NZ Qualifications Authority.
•  Disputes and grievance committees established under Part 12 of this Agreement
or any other bodies replacing them in function.
•  Hearings of the Employment Court or any body established to replace the
Employment Court.
•  NZ University Programmes Committee.

The period with pay is for the time necessary to travel to, attend and return from the
meeting.
30

PART 7
TRAINING AND PROFESSIONAL DEVELOPMENT

7.1
Reciprocal Commitment
Employees have an obligation to maintain and enhance their competencies both in their
teaching areas and as educators, and where appropriate as researchers.  The Employer has
a responsibility to ensure that Employees receive timely and appropriate training and
opportunities for professional development.

7.2
Training
(a)
Permanent lecturers who are appointed to AUT without significant prior teaching
experience wil , in the first two years following appointment, undertake up to 12 weeks
appropriate professional development in the practice of adult and tertiary education
which wil  equip them to discharge effectively their obligations as set out in Schedule C
of this Agreement.

Provided that this requirement may be waived in whole or in part consequent on the
lecturer demonstrating the required capabilities through an appropriate Recognition of
Prior Learning (RPL) process.

(b)
In each of the first two years of employment a lecturer may be required to use up to
three weeks’ discretionary time and five days’ professional development leave for the
professional development required in clause 7.2(a).

(c)
Appropriate professional development opportunities wil  be provided to fixed term
Employees, having regard to the length of their appointment.

7.3
Professional Development

7.3.1  Staff Responsibility

It is the professional responsibility of staff to obtain feedback on their academic practice.

Refer to the Staff Development Policy.

7.3.2  Professional Development for Associate Professors and Professors
(a)  Research and study leave shall be granted to Associate Professors and
Professors on the same terms as stipulated for Research Path Lecturers in clause
7.3.5  (Schedule E), provided that the entitlement shall be a minimum of one
semester in every seven semesters.

(b)  Associate Professors and Professors shall be required to seek feedback on their
performance annually and shall undertake a comprehensive feedback process
every two years, the purpose of which shall be to inform the Employee’s
professional development. The feedback process must meet the following criteria:
(i)
Be comprehensive

Initiate inquiry into all key aspects of the Employee’s work, both in terms of
what they achieves (objectives) and how they achieved this (e.g. leadership
management, teaching, research capability and effectiveness, as
appropriate).

Receive input from an appropriate selection of any direct reports and
colleagues who depend on or are the intended beneficiaries of the
employees services, or with whom they frequently collaborates, as well as
feedback from his or her manager.

31

(ii)  Be valid, i.e.: be constructed according to a sound methodology, tested and
used to good effect.

(ii)  Be facilitated by an external facilitator so as to be seen to be credible and
safe for all parties.

(iii)  Be structured, including writ en feedback, appropriate opportunities for
dialogue, the development of an action plan based on the feedback, and
review of the implementation of that action plan.

The Employee is required to inform his or her manager of the process being
adopted and when the cycle has been completed.

The result of the feedback should be reflected in the Employee’s individual
development plan.

The Employee may select or develop any process which meets the above criteria,
or the employee may opt to undertake the “upward feedback” system which has
been chosen by the University as its standard process. The cost of this process
may be charged to the Employee’s cost centre.

Refer to the Staff Development Policy.

7.3.3  Professional Development for Lecturers (CPL & CPSL)
Sabbatical (Research and Study) Leave  –  a guaranteed entitlement plus the
opportunity to apply for arrangements that enhance the guaranteed entitlement. The
guaranteed entitlement is a backstop and other arrangements cannot result in less than
it. Al  sabbatical leave wil  also be subject to the general provisions of the AUT Research
and Study Leave Policy.
The Guaranteed Sabbatical Entitlement - staff members are guaranteed after six years’
service
•
a minimum of six months sabbatical (research and study leave) which shall:
•
include the teaching and assessment weeks of only one semester of the
University’s calendar – or the applicable course calendars if they vary from the
University calendar
•
be supported with financial grants according to the provisions of the AUT
Research and Study Leave Policy - though not less than the sum of the annual
entitlements to financial support for professional development that the staff
member has carried forward and accumulated
•
include the annual leave accrued during the sabbatical period – which may be
taken at any time within the sabbatical period that the staff member wishes
•
discharge the professional development time that has been accumulated, plus
that for the year in which sabbatical is taken.
The guaranteed sabbatical entitlement is subject to the submission and approval by the
University of a suitable research and study proposal, and satisfactory arrangements for
ongoing student supervision responsibilities.   Approval would not be unreasonably
withheld.
Enhanced Sabbatical Arrangements  -  staff members who have the guaranteed
entitlement wil  also be able to apply for the option of an enhanced Research and Study
Leave package that could:
•
be longer than six months, and/or
32

•
be applied for after fewer than six years of service, and/or
•
be more frequently available, for example, shorter lengths of sabbatical say
every three years, and/or
•
have greater financial support.

The approval of applications for enhanced sabbatical arrangements wil  be at the
relevant Faculty’s discretion, and may be approved subject to such conditions as the
faculty may consider operationally important after consideration of:

•
the quality and desirability of the proposal in relation to the Faculty’s
programmes and research interests
•
the ability to fund the applications,
•
any other needs of the Faculty’s operations.

7.3.4  Professional Development for Lecturers (TL & TSL) and Non-teaching Lecturers
and  Clinical Educators, Research Fel ows and Senior Research Fel ows, will be
allocated ten duty days for professional development activities in each full year for which
they are employed, reduced on a pro rata basis for periods of employment of less than
a full year.

7.3.5  Professional Development for Research Officers, Senior Research Officers and
Teaching Assistants and Research Assistants, wil  be allocated five duty days for
professional development activities in each full year for which they are employed,
reduced on a pro rata basis for periods of employment of less than a full year.

7.3.6  Professional  Development  for  Lecturers  (TL  &  TSL),  Non-teaching  Lecturers,
Research  Officers,  Senior  Research  Officers,  Teaching  Assistants,  Research
Assistants and Physiotherapy Clinical Educators, Research Fellows and Senior
Research Fellows is subject to:
(a)  the Employee submit ing a proposed programme of development activities which
accounts for this time or its equivalent;
(b)  the Employer approving the proposed programme. Approval wil  not be
unreasonably withheld;
(c)  reasonable notice being given of proposed activities and the timing of the
programmes being negotiated with due regard to the University’s operational
requirements;
(d)  where an Employee undertakes approved professional development in their own
time for the equivalent of the allocated duty days, the employee  will use the
allocated days at their discretion, provided the provisions of subclause 7.3.3 (c)
of this clause apply.
(e)  Provided that the requirements of subclause 7.3.3(c) of this clause are met the
following activities wil  be approved as part of a programme:
•
attending staff development or training programmes sponsored or run by
the University or TEU;
•
attending work-related conferences;
•
undertaking work-related study of not less than two weeks in the case of
Teaching Path and Non-teaching Lecturers, and not less than one week in
the case of Research Of icers and Teaching Assistants and Research
Assistants.
•
undertaking industry or professional refresher activities
•
The employer recognises the unique and important role that the tribal hui or
significant Maori hui play in the personal and professional development of
Maori employees. In recognising this, the following shall apply:
33

•
Al  Maori staff members may apply to use professional development time to
attend culturally significant hui. Culturally significant hui may include but not
be limited to the following;
o  Hui Whanau Whakawhanaunga or Hui-a-Iwi
o  Hahi
o  Kingitanga
o  Hui-a-Tau
o  Te Ra Whakanui I te Whakaputanga
(f)  If, in the opinion of the Employer, a proposed programme of development
activities is inappropriate, or if a proposal is not submitted, the Employee may be
required to undertake such duty as the Employer directs for any part or all of the
10 days so affected.
(g)  Employees wil  be entitled to a minimum of $1200 per annum, pro–rata for
proportional staff and those employed for a period of employment less than the
full time for reimbursement of actual and reasonable expenses for approved
professional development activities. The professional development grant shall be
used in the most efficient manner when booking travel and accommodation
services provided that all bookings are made in accordance with AUT policy and
procedures.
(h)  Professional development days may be accumulated according to any conditions
which have been agreed between the Employer and the Employee including
industry refresher, research or study activities.
(i)
The Employee may carry over all or part of the days and/or all or part of financial
entitlement to the following year to a maximum of three years accumulated
entitlements. Approval for a carryover shall not be unreasonably withheld. Unused
entitlements for which there is no writ en agreement to carry over shall be forfeit.
Approval for carry over pursuant to an IDP shall be automatic for the first two
years.
(j)
Where an Employee resigns and has been unable to undertake planned
development activities for which there is a financial entitlement the unused
financial entitlement shall be paid to the Employee as taxable income.

Summary of Professional Development time
Associate Profs and Professors
1 semester in 7 or 2 in 14
Lecturer (CPL & CPSL)
6 months after 6 years
Lecturer (TL & TSL)
10 days per year
Non Teaching Lecturer
10 days per year
Clinical Educators
10 days per year
Research Fellows

10 days per year
Senior Research Fellows
10 days per year
Research Of icers
  5 days per year
Senior Research Officers
  5 days per year
Teaching Assistants
  5 days per year
Research Assistants
  5 days per year
34

PART 8
ALLOWANCES, EXPENSES AND GRANTS

8.1
Employment Related Expenses
The Employer wil  make reimbursement to Employees so that they do not incur personal costs
as a result of requirements of the Employer.  Reimbursement wil  be according to:
(i)  the following provisions for reimbursements, allowances and expenses, or

(ii)
the policies, procedures and practices the Employer establishes for any matters not
specifically covered by the provisions of this Agreement.

8.2
Travel ing Al owance

An Employee required to travel within New Zealand on official business wil  be paid a travelling
allowance as follows:

(i)
approved actual and  reasonable accommodation costs, or an allowance of $51.94 night
effective 12 January 2023.
(ii)
actual and reasonable travel costs, and
(iii)
actual and reasonable meal costs up to $103.88 effective 12 January 2023.
(iv)
an incidental allowance of $13.03 effective 12 January 2023.
(v)
in addition, when away from home on official business an Employee with dependents
is entitled to one visit home per month at the Employer’s expense.

An employee required to travel outside New Zealand wil  be paid expenses in accordance with
the University’s current policy, procedures and guidelines.

Where appropriate the Employee wil  provide proof of payment.

Refer to Travel Policy and Procedures.

8.3
Meal Al owances

When an Employee’s required hours of duty span any two meal breaks, breakfast, lunch or
dinner, the Employee wil  be paid one meal allowance of $22.27 effective 12 January 2023.

Expense Al owance Summary

Al owance

12 Jan 2023

Overnight Accommodation (8.2 i)

                    $50.86

Daily Al owance per day ( 8.2 ii )

                    $103.88

Daily Incidental allowance (8.2 iv)

$13.03

Meal Al owance (8.3 )

$22.28

8.4
Tea Expenses

The Employer wil  provide Employees with free morning and afternoon tea.

8.5
Transport Al owances
When required to use their own vehicle for official business, employees wil  be entitled to claim
a motor vehicle allowance. This allowance wil  be set annually by AUT on 1 November of each
year, and wil  align with the prescribed IRD rate and conditions at the time of the review

(a)
Employees wil  cover the cost of their own travel to and from their work each day,
provided that where the work base varies from time to time, the Employer wil  pay any
additional costs incurred. The Employer may operate a policy  by which this is
accomplished.

35

(b)
Employees are responsible for providing their own private insurance cover for their
vehicles.

If the employee’s vehicle is damaged during authorised business travel, then the
employee’s private insurance policy should first be applied to cover the costs of repair.
In such circumstances, the Employer agrees to reimburse the Employee for up to $500
of the excess under the private insurance policy.

See also AUT’s Travel and Expense Policy for situations where AUT’s insurance cover
may be accessed by an Employee who’s vehicle is damaged during authorised
business travel”

8.6
Transfer Expenses
(a)
Transfer expenses wil  be paid when an Employee’s normal place of work within the
University, is moved to a location out of the local area and the Employee transfers within
12 months of the change in workplace.

(b)
Employees wil  be paid actual and reasonable costs of transfer as follows:
(i)
Temporary accommodation pending acquisition of permanent accommodation,
for up to three months;
(ii)  packaging, freight and storage of furniture and personal effects;
(iii)  travel costs for the Employee’s immediate family and other dependent members
of the household;
(iv)  legal fees and land agent’s commission for the sale of a home at the former
location and the purchase of a home at the new location (home wil  include land
purchased for the purpose of building a house);
(v)  any penalty attached to the early repayment of the mortgage.

(c)
Where transfer expenses are paid the maximum payment wil  be $25,000.

(d)
A payment towards transfer expenses may be made at the time of appointment.

Refer to Relocation of New Employees Procedures.

8.7
Compassionate Grant on Death of Employee
(a)
Upon the death of a permanent Employee, the Employer may pay to the next of kin an
amount as follows:
(i)
for an Employee with 10 years’ and under 20 years’ service, one-twelfth of the
annual salary;
(ii)  for an Employee with 20 years’ service or more, one-eighth of the annual salary.

(b)
For the purpose of this clause, the term ‘next of kin’ means:
(i)
the spouse or partner of the deceased Employee;
(ii)  any dependent relative of the deceased Employee.

8.8
Reimbursements

Reimbursement wil  be made in full upon application to the Employer according to the following
provisions:

(a)
Subscriptions to professional associations where membership is mandatory.

(b)
The cost of annual practising certificates or registrations, where these are required,
either to undertake the work for which the Employee has been employed, or to maintain
membership of a recognised professional association in terms of sub-clause (a) of this
clause.
36

(c)
Loss or damage to personal property in the course of duty when not due to the
Employee’s negligence or misconduct and provided that, where appropriate, payment
may be less than replacement cost.

8.9 Care of Dependants

The Employer may reimburse the actual and reasonable expenses incurred in caring for
dependants when an Employee attends a course or is travelling on official business or is
required to work abnormal hours, and alternative arrangements cannot be made without
additional cost.

8.10 Special Responsibilities Salary Al owance

Special Responsibilities Salary Al owance as described in clause 4.4.3(a)

..
37

PART 9
HEALTH, SAFETY AND WELLBEING

9.1
Working Conditions
The parties are commit ed to ensuring the promotion of a safe and healthy workplace with a
high priority on staff wellness and the provision of a safe and healthy working environment.

Consistent with this commitment, the parties wil  work together on the development and
enhancement of policies, procedures and programmes including those for:
•  Managing stress in accordance to Occupational Safety and Health Guidelines
•  Conflict management and resolution of disputes
•  Employee assistance
•  Appropriate work-life balance initiatives.

And wil  fully discharge their respective obligations under the Health and Safety at Work  Act
2015(including regulations and amendments).
  For more information on the Occupational Safety and Health Guidelines on managing stress
please refer to  https://worksafe.govt.nz/

9.2
Employer Obligations
The Employer wil  ensure that employees:
•  Have reasonable opportunities to participate in the development of health and safety policy
and procedures,
•  Have information on workplace hazards and the control measures in place and / or
available,
•  Wil  be trained on the job in the safest way and on the appropriate use of all protective
equipment and devises,
•  Are aware of emergency and evacuation procedures,
•  Who experience injury or il ness wil  have rehabilitation support,
•  Are not required to perform tasks that are likely to cause serious harm.

The employer wil :
•  Record and investigate and take appropriate corrective action following the reporting of
injuries and il nesses or the identification of hazards.
•  Initiate periodic review of health and safety management systems and procedures and wil
involve employees in these reviews.

9.3
Employee Obligations
Employees will:
•  Report hazards, to identify and suggest control measures and to take reasonable steps to
remove or minimise harm pending employer remedial action,
•  Report in a timely manner all workplace injuries and work related il nesses.
•  Follow instructions on the use of protective equipment and devises,
•  Know, inform students and as necessary to follow emergency and evacuation procedures,
•  Attend health and safety training on injury/il ness prevention related to their tasks/ work
environment,
•  Participate in periodic reviews of health and safety management systems.

9.4
Specific Provisions for Employee Protection
The Employer wil  provide at the Employer’s cost as follows:

•  Hearing protection as required for employees working in noisy conditions,

•  Eye protection where the Employer considers that an employee is working in an “eye
danger” area. Such eye protection to be:
38

o
Standard safety glasses with neutral lenses, or
o
Specially hardened neutral “clip on” safety glasses to be worn over optical glasses,
where the employee works only occasionally in an “eye danger” area, or
o
Specially hardened optically correct lenses in a safety frame, fitted by an optometrist,
where the employee works for substantial periods in an “eye danger” area.

•  Protective clothing where the Employer considers that the nature of an employee’s work
is more than normally destructive to clothing. Such clothing wil  be issued on:
o
a permanent basis, or
o
on temporary loan, and be laundered at the Employer’s expense.

•  Uniforms where the Employer requires uniforms to be worn. Such uniforms wil :
o
remain the property of the Employer and:
o
be replaced on a fair wear and tear basis,
o
be laundered/dry cleaned at the Employer’s expense

•  Safety  Footwear  where the Employer considers such footwear to be necessary. The
Employer shall reimburse the Employee for safety footwear purchased.

•  Immunisation at the Employee’s request, against Hepatitis B where an Employee is at
significantly increased risk of acquiring Hepatitis B because of the nature of their job.

9.5
VDU Operators

9.5.1  A VDU Operator is defined as a staff member who uses a Visual Display Unit for 50%
or more of their working time or for continuous periods of two hours or greater per
working day.

9.5.2  VDU Operators should have their eyes tested prior to or soon after commencing
employment and thereafter every two years.

9.5.3  On production of the receipt the Employer wil  reimburse costs up to a maximum of
$200 for prescription spectacles or contact lenses for a VDU Operator provided that the
need for spectacles for VDU Operation has been endorsed by an optometrist and a
copy is provided of the visual examination form prescribed by the NZ Optometrist
Association.
39

PART 10
ORGANISATIONAL CHANGE

10.1  Consultation

10.1.1  Employer recognises the potential impact of significant organisational change in the
work lives of Employees and seeks to minimise any negative effect of change through
appropriate processes of consultation.

Accordingly, the Employer wil  notify in writing the National Secretary of TEU, the
President of the local branch of TEU and affected Employees of any reviews, including
mergers and amalgamations.

10.1.2  The National Secretary of TEU, the President  of the local branch of TEU and affected
Employees wil  be notified in writing by the Employer of any reviews of the University’s
organisational structure or function, which may result in significant changes to either the
structure, staffing or work practices affecting existing Employees.

10.1.3 A minimum of one month wil  be provided to allow TEU and affected Employees to make
submissions which wil  be considered by the Employer before making a final decision.
The parties may agree to a lesser period. The minimum one month’s notice in Clause
10.1.3 wil  exclude the following University breaks; the summer holiday break (15
December to 31 January), – and any periods of time where the Faculty or School under
review has scheduled a default leave week/s.

The Employer wil  provide the union with an opportunity to be involved in any review.
The Employer wil  take al  practicable steps to provide relevant information requested
by TEU.

10.2  Application

These provisions apply to Employees who have an ongoing expectation of employment.   They
wil  not apply to Employees who have reached the expiry of a fixed term appointment made in
accordance with clause 3.1.3 of this Agreement or to hourly paid Employees.

10.3  Surplus Staffing

10.3.1  A  surplus staffing situation exists when as a result of reduction in funding, course
demands, organisational changes or other identified factors the Employer requires a reduction
in the number of Employees.  No existing Employee wil  be displaced by the appointment of a
Research Of icer or Teaching and Research Assistant.

10.3.2   Identification of Surplus Staffing
(a)  In the event that a review of the University’s organisational structure or function,
following consultation as provided for in clause 10.1, results in a surplus staffing
situation, the Employer shall advise in writing individual Employees who might be
affected and shall also advise such Employees of their right to assistance from
TEU.

(b)  The process and/or criteria for determining the specific positions which are to be
declared surplus to requirements shall be determined by the Employer following
consultation with TEU.

40

10.3.3  Notification
Once specific positions have been identified as surplus to requirement:

(i)
If there is more than one position and more than one Employee per position is
potentially affected, the Employer shall call for voluntary severance from the
Employees potentially affected. The Employer shall determine which, if any, of
those Employees who request voluntary severance shall be granted voluntary
severance, having due regard to retaining a viable skil  and experience base
within the reduced workforce. Any Employee who is granted voluntary severance
shall receive two months’ notice prior to the date of discharge. This date may be
varied by agreement between the Employer and the Employee.

(ii)  If there is only one position affecting only one Employee or in respect of staff for
whom severance is not voluntary, the Employer shall advise the National
Secretary of TEU, the Chair of the AUT President  of TEU and the Employee(s)
affected not less than two months prior to the date by which the Employee is to
be discharged. This date may be varied by agreement between the Employer and
Employee.

(iii)  The two month notice period of the discharge date, wil  not include any planned
periods of annual or discretionary leave. Al  annual and discretionary leave wil  be
paid in addition to the notice period worked or paid in lieu, as per the severance
formula in clause 10.5.4.

10.4  Options

10.4.1  The following are the options to be applied in surplus staffing situations:
(i)
Voluntary severance as provided for in clause 10.3 above;
(ii)  Attrition;
(iii)  Redeployment;
(iv)  Retraining;
(v)  Severance.

The aim wil  be to minimise the use of severance. Where the other options are
inappropriate to discharge the surplus the option of severance wil  be made available.

10.4.2  Employees who are offered a position within the University which is directly comparable
to their existing positions, which does not require a change in residential location, and
who decline appointment wil  not have access to severance. The above options will
continue to be available to Employees declared surplus until the Employee’s last date
of employment.

10.5  Conditions

10.5.1  Attrition
Due to the normal process of staff turnover the number of Employees is allowed to
decrease by not replacing Employees as they leave.

10.5.2  Redeployment
The employer shall actively seek redeployment options. Where an opportunity exists,
the employee shall be given due consideration consistent with and appropriate to their
skil s and experience subject to the following conditions:

(a)  Where the new position is at a lower salary, an allowance wil  be paid to preserve
the salary at the rate paid immediately prior to redeployment.

41

This allowance can be paid in the following ways:

(i)  a lump sum to make up for the loss of basic pay for the next two years (this
is not abated by any subsequent salary increases); or

(ii)  an ongoing allowance for two years equivalent to the difference between the
present salary and the new salary (this is abated by any subsequent salary
increases).

(b)  Where the new job is at a location outside the local area, the Employee wil  be
entitled to transfer expenses as set out in clause 8.6(a) of this Agreement.

10.5.3  Retraining

The Employer may, following application from the Employee, offer the option of
retraining with financial assistance. The total cost to the Employer, including any salary
and training costs wil  not exceed 110% of the value of the severance payment the
Employee would be entitled to. Where the Employee receives a severance payment
any training allowance additional to this payment shall be by way of reimbursement of
the costs of personal skil s development up to 10% of the amount of the severance
payment.

10.5.4  Severance
(a)  For the purposes of these provisions, salary is defined as taxable salary, exclusive
of allowances.

(b)  “Service” for the purposes of this subclause is as defined in Part 2; except that for
staff employed by the Auckland Institute of Technology prior to 01 April 1988,
service also includes other relevant Government service.

However, with effect from 01 December 1995 other relevant Government service
in excess of  12 years wil  cease to apply and the remaining other relevant
Government service wil  be abated at the rate of two years for every one year of
University or Polytechnic service accrued thereafter.

For the purpose of this subclause “other relevant Government service” means;
(i)  continuous service as a teacher in any public school, manual training centre,
post-primary service, colleges of education, specialised teaching service or
any school or teaching service under the control of the Department of
Education;
(ii)  continuous service as a teacher in the Cook Islands or Western Samoa or
under any school of co-operation with the Government of Fiji or the
Government of Tonga;
(iii)  continuous service as an inspector of schools or as an officer employed by
the Department of Education to supervise or direct the work of teachers or
give teacher professional assistance;
(iv)  continuous service as a teacher or educator in an operation which has since
transferred by a decision of Government to the University service (e.g.
nursing training). This is counted as continuous service for the purposes of
this subclause regardless of whether the transfer takes place before or after
01 April 1988.

(c)  Al  service recognised under 10.6.5 (b) excludes service which has been taken
into account for the purposes of calculating any entitlement to a
redundancy/severance/early retirement or similar payment from any of the above
services or from any University Employer.
42

(d)  “Continuous service” for the purposes of (b) above includes all periods of paid
leave and maternity/paternity leave and is not broken by, but does not include
periods of approved leave without pay and breaks of not more than three months
between periods of employment within the University service, or one month within
other service(s) approved under (b) above.

(e)  Payment wil  be made in accordance with the following:
(i)  Where termination is immediate or less than two months’ writ en notice is
given by the Employer, 16% of salary for the preceding 12 months or the
appropriate proportion of this amount wil  be payable in lieu of notice not
given, regardless of length of service;
(ii)  12 percent of salary for the preceding 12 months, or part thereof for
Employees with less than 12 months service; and
(iii)  4 percent of salary for the preceding 12 months multiplied by the number of
years of service minus one, up to a maximum of 19; and
(iv)  where the period of total aggregated service is less than 20 years, 0.333
percent of salary for the preceding 12 months multiplied by the number of
completed months in addition to completed years of service.

An Employee who through agreement has temporarily reduced their hours, or is
on a period of unpaid leave, shall have their payment calculated for the 12 months’
service, at the salary of their substantive position.

Notwithstanding clause 3.3 when an Employee is employed on a fixed term
appointment and the position is declared surplus during the term of the
appointment, the Employee wil  be paid out the remainder of their fixed term
agreement.

Outstanding annual and discretionary leave wil  be cashed up separately.

Severance Formula Summary

Less than 2 months’ notice = 16% of preceding 12 month salary,
or

With 2 months’ notice = 12% of preceding 12 month salary
Plus

4% of previous 12 months’ salary x number of years’ service minus one up
to 19 years,
Plus

.333% of previous 12 months’ salary x number of completed months of
service in final year.

10.6  Technical Redundancy
Where an Employee’s employment is being terminated by the University by reason only of the
sale or transfer of the whole or part of its business, nothing in this Agreement or any other
Agreement shall require the University to pay compensation for redundancy to the Employee
if:
(a)
the person or organisation acquiring the business, or the part being sold or transferred:
•
has offered the Employee employment in the business, or the part being sold or
transferred;
•
has agreed to treat service with the University as if it were continuous service with
that person or organisation; AND
43

(b)
the conditions of employment being offered to the Employee by the person or
organisation acquiring the business, or the part being sold or transferred are the same
as, or no less favourable than, the Employee’s conditions of employment, including:
•
any service related and redundancy conditions; AND
•
any conditions relating to superannuation under the employment being
terminated; AND
•
the offer of employment by the person or organisation acquiring the business, or
the part being sold or transferred, is an offer to employ the Employee in that
business either:
•
in the same capacity as that in which the Employee was employed; OR
•
in a capacity that the Employee is wil ing to accept.

10.7  Rights of Employees Declared Surplus

10.7.1  Time off to Attend Interviews

Employees wil  have reasonable time off to attend interviews for alternative
employment, subject to the operational requirements of the University.

10.7.2  References

The Employer wil  supply to all surplus Employees a letter of reference.

10.7.3   Counselling

Counselling for affected Employees and family may be made available as necessary.

10.7.4  Employees on Leave

An Employee who is declared surplus and who is on parental leave, absence due to
extended il ness, accident compensation, approved special leave without pay or
secondment wil  be covered by the surplus staffing provisions of this Agreement.

10.8  Employee Protection Provision

10.8.1  Introduction

In any case of restructuring, as defined in the Employment Relations Amendment Act
(No. 2) 2004, where it is proposed that the business (or part of it) is to be sold or
contracted out, the Employer wil  notify TEU and the affected employee(s) that
restructuring is a possibility, as soon as is practicable, subject to the requirements to
protect commercially sensitive information.

10.8.2  Definitions

For the purposes of these provisions “affected employee”, “restructuring” and “new
employer” shall have the same meaning as in the Employment Relations Amendment
Act (No. 2) 2004.  “Employer” shall mean the original employer party to this Collective
Agreement.

10.8.3  Consultation

These employee protection provisions are to be read in conjunction with the surplus
staffing consultation and restructuring provisions in this Agreement that appear in
Section 10 “Organisational Change”.  When consulting, the employer wil  provide TEU
with relevant information about the restructuring proposal and details of how and when
it is likely to impact on the affected identified employees.

10.8.4  Terms of Employment

In the course of negotiating a sale or purchase agreement or a contract for services,
the Employer wil  endeavour to obtain employment for affected employees and wil  raise
in discussions with the new Employer the following matters:

44

(a)  whether or not the new Employer wil  make offers of employment to the
Employer’s Employees and if so, whether Employees wil  be offered employment
in the same capacity;
(b)  whether the conditions of employment offered wil  be the same or no less
favourable than the Employee’s conditions of employment; and
(c)  whether service with the Employer wil  be treated as continuous service with the
new Employer

10.8.5  New Employment Opportunities

The Employer wil  subsequently advise TEU and affected Employees as to whether
employment opportunities exist with the new Employer and, if so, the nature of those
opportunities.  The Employer wil  also advise Employees and explain the implications
of their right to accept or decline to transfer to the new Employer.

10.8.6  Implications for redundancy compensation of election to transfer

Those Employees who elect to transfer to the new Employer on the same terms and
conditions, and performing the same duties, with full recognition of service-related
entitlements as above, shall not be entitled to redundancy compensation from the
Employer because of the transfer.

45

PART 11
UNION MATTERS

11.1  Union Information

(a)
When requested in writing by the National Secretary of TEU, the Employer wil , within
one month, supply to the union a list of names, addresses and designations of all
Employees party to this Agreement.  TEU wil  not make such requests to the Employer
at intervals shorter than six months.

(b)
The Employer wil  provide TEU with the names of new staff who become  covered by
this Agreement.

11.2  Deduction of Union Fees

(a)
The Employer wil  deduct union subscriptions for all TEU members covered by this
Agreement except in cases agreed to between the Employer and the Union.

(b)
The manner of deduction and remittance wil  be agreed between the National Secretary
of TEU and the Employer.

11.3  Union Meetings

(a)
The Employer wil  allow al  TEU members covered by this Agreement to attend, on paid
leave, two TEU stopwork meetings (each of a maximum of two hours’ duration) in each
year, provided that:

(i)
14 days’ notice of the date and time of any proposed stopwork meeting is given
to the Employer;
(ii)  wherever practicable the time of the proposed stopwork meeting is set by
negotiation between the Employer and TEU.

(b)
The Union wil  make arrangements with the Employer to ensure that the Employer’s
business is maintained during any union meeting, including, where appropriate, an
arrangement for sufficient union members to remain available during the meeting to
enable the Employer’s operation to continue.

(c)
Work wil  resume as soon as practicable after the meeting.

(d)
TEU wil  supply the Employer with a list of members who attended and wil  advise the
Employer of the time the meeting finished.

11.4  Access to Premises
Of icial representatives of TEU will, on any reasonable terms the Employer may require, be
given access to the University’s premises for the purposes of discussing with Employees any
matters pertaining to their Employment Agreement.

11.5  Branch President

The Employer wil  recognise the TEU Branch President as the union representative on site.
Notice of the appointment of the Chair wil  be given to the Employer in writing.

TEU and the Employer have agreed that on an annual basis a 0.8 time allocation wil  be made
to the AUT Branch President, plus provision for relief staffing for branch officers to attend
agreed University committee meetings.

46

11.6  Leave for Union Business

In accord with any established University policies the Union and the Employer agree to an
exchange of letters each leave year to establish the quantum of, and arrangements for, leave
available to elected representatives of TEU for union business.

11.7  Collective Monitoring Committee

A Collective Monitoring Commit ee wil  be established to deal with specific matters arising from
this Agreement. This Commit ee wil  operate according to Schedule A.
47

PART 12
EMPLOYMENT RELATIONSHIP PROBLEMS

12.1  Procedure for Resolving Employment Relationship Problems

Refer to Early Resolution Policy.

12.1.1  Employment relationship problems include personal grievance (i.e. claim of unjustifiable
dismissal, unjustifiable disadvantage, discrimination, sexual or racial harassment, or
duress in relation to membership of a Union or Employee association); disputes about
the interpretation, application or operation of an Employment Agreement; and any other
problem arising out of the employment relationship between the  Employee and the
Employer, not being a problem relating to the fixing of new terms and conditions.

12.1.2  An Employee who believes that they have an employment relationship problem should,
with the assistance of TEU if they so choose, to raise the problem with their manager,
that manager’s manager, or their Head of School or People and Culture.

12.1.3  Both the Employee and Employer should try to resolve the problem by taking a win-win
approach and, if suitable, use the University’s Employee Early Resolution Policy in an
attempt to reach resolution.

12.1.4  Personal Grievances
(a)  An Employee who believes that they have a personal grievance must raise the
matter with the Employer within 90 days of the grievance occurring or coming to
the Employee’s attention, whichever is the latter. A written submission is strongly
encouraged.

(b)  The Employer wil  attempt to resolve the grievance in the same manner as
provided for in clause 12.1.3 above.

(c)  If resolution is not achieved through discussion either the Employee or the
Employer, or both parties jointly, may apply for mediation assistance from the
Ministry of Business, Innovation and Employment (MBIE).

(d)  If resolution is not achieved through mediation at the mMinsitry  of Busines,
Innovation and Employment, the Employee may apply to the Employment
Relations Authority for investigation and determination.

(e)  In certain circumstances the decisions of the Employment Relations Authority
may be appealed by the Employee or the Employer to the Employment Court.

48

SCHEDULE A
THE COLLECTIVE MONITORING COMMITTEE

1
Introduction

The Collective Monitoring Commit ee is established in accordance with clause 11.7 of this
Agreement.

2
Composition of the Committee

2.1
The committee wil  be composed of equal numbers; not less than two each of
management representatives and two local lecturers who are parties to the Agreement
and nominated by TEU.

2.2
The convenor of the committee shall be elected on an annual basis by members of the
Commit ee. Appointments wil  be confirmed annually.

2.3
The Commit ee may agree to the formal co-option of further members as appropriate to
deal with specific issues.

3
Role of Committee

3.1
The functions of the committee are to:

(a)  Monitor the implementation of the following specified areas within the collective
employment Agreement:
(i)  progression to senior lecturer ;
(ii)  progression within the senior lecturer grade;
(iii)  development of policies relating to part-time lecturers;
(iv)  starting salary policy;
(v)  workload policy;
(v)  review of other Collective Monitoring Commit ee developed policies.

(b)  Provide advice on any other matters referred to by the Vice Chancellor.  The
committee does not have a role in relation to variations to this Agreement.

4
Operating Guidelines

4.1
The Commit ee wil  develop guidelines in relation to meeting frequency, agendas, and
minutes and meeting protocol.

4.2
Commit ee members would be expected to consult using their own protocol with their
constituencies throughout the process prior to decision-making.

4.3
Commit ee members shall genuinely seek to reach a consensus on all matters that
come before the committee and to demonstrate good faith in discharging their
responsibilities under the provisions of this schedule:

(a)  For matters which pertain to the Agreement, where Agreement consensus cannot
be reached, the status quo of the Agreement prevails.

(b)  For matters where no status quo applies and agreement cannot be reached, but
when an agreement within the terms of the Agreement is necessary for the proper
functioning of the institution, normal prerogative prevails through matters being
referred to the Vice Chancellor until such time as the commit ee reaches
agreement.

49

4.4
Agendas and minutes of meetings wil  be available for interested outside parties such
as the National Secretary of TEU.

4.5
Advisers may be invited to attend subject to committee agreement.

4.6
Local policy agreed by the committee wil  be promulgated through standard local
procedure and subject to periodic review/amendment by the committee.

5
Resourcing

5.1
Secretarial support and time allowances wil  be made available to the commit ee to
ensure its effective operation.

5.2
Subject to operational requirements, leave shall be made available for appropriate
training to approved TEU nominees with any travel and accommodation costs shared
with TEU.

50

SCHEDULE B
ACADEMIC STAFF SALARY STRUCTURE
Al rates , printed and paid, (except Transport Al owance) to increase by $3,000 effective 11
January 2023.

51

SCHEDULE C
FACTORS CHARACTERISING LECTURERS AND SENIOR LECTURERS

These characteristics should be applied:
1.
in the identification of Academic Staff positions
2.
during monitoring and review period
3.
for career progression.

These characteristics should be applied appropriately when considering positions which do not have
a teaching component.

LECTURERS
Lecturers are expected to assume responsibility for the quality of their own outcomes insofar as they
relate to the dimensions of practice identified below.  In other areas lecturers should work under the
guidance of senior lecturers .

They should:
1.
Be competent in their discipline/subject area.
2.
Implement and develop programmes of learning (respond to feedback).
3.
Apply effective communication skil s in learning situations related to their discipline.
4.
Select and apply teaching and/or learning strategies to promote effective learning consistent with
individual student learning needs.
5.
Contribute to the development of and implement programmes for the assessment of student
learning.
6.
Recognise student learning difficulties and arrange for appropriate support.
7.
Evaluate and reflect on own practice in order to identify directions for and strategies for
development.
8.
Demonstrate commitment to ongoing professional development both within their discipline and
as an educator
•
initiate and respond to feedback from students and/or peers
•
plan and implement programmes for professional development.
9.
Practise in non-racist and non-sexist ways and to be sensitive to students and colleagues with
special needs.
10.  Demonstrate that their practice is informed by the current body of knowledge about effective
teaching and learning.
11.  Be able to contribute to the effective outcome of work teams.
12.  Participate in the broader professional and academic life of the institution.
13.  Discharge administrative responsibilities integral to lecturers’ work.
14.  Support and contribute to the objectives, direction and operation of their department including
research projects where appropriate.
15.  Practise within the policy framework and legislative obligations of the University.
16.  If engaged in degree teaching, as appropriate, conduct research either as a member of a team
or independently, taking into account the extent to which degree teaching makes up the current
role.

SENIOR LECTURERS
Senior lecturers are expected to take responsibility for the quality of their own outcomes insofar as
these relate to the dimensions of practice identified below. They are also expected to be able to guide
and support lecturers who are developing the identified skil s and attributes, and to take responsibility
for the quality of outcomes which exceed the responsibilities of the lecturer position. The emphasis
on these criteria wil  reflect institutional and professional priorities and shall apply as interpreted into
policy by the Collective Monitoring Committee in accordance with the procedures in Schedule B.

They should:
64

1.
Be able to demonstrate advanced standing in their discipline/subject area.
2.
Design, implement, develop and evaluate new and existing programmes of learning (through
application of defensible models).
3.
Apply effective communication skil s in diverse learning situations.
4.
Select and apply teaching and/or learning strategies consistent with individual student learning
needs.
5.
Select and apply strategies to enable students to develop as independent learners.
6.
Plan, implement and evaluate programmes for the assessment of student learning, including the
assessment of prior experiential learning.
7.
Be able to identify student learning difficulties and plan and implement strategies for
improvement.
8.
Design and implement small scale research into effective teaching and/or learning within own
discipline.
9.
Evaluate and reflect on own practice in order to identify directions and strategies for
improvement.
10.  Demonstrate commitment to ongoing professional development both within their discipline and
as an educator:
11.  initiate and respond to feedback from students and/or peers
12.  Plan and implement programmes for professional development.
13.  Practise in non-racist and non-sexist ways and be sensitive to students and colleagues with
special needs.
14.  Demonstrate that their practice is informed by the current body of knowledge about effective
teaching and learning.
15.  Take responsibility for the effective outcome of work teams.
16.  Actively contribute to the broader academic and professional life of the institution.
17.  Discharge administrative responsibilities integral to the senior lecturer role.
18.  Practise within the policy framework and legislative obligation of the University.
19.  Demonstrate professional activities which contribute in a positive way to the reputation of the
University /profession eg research, consultancy, publication.
20.  Actively support and contribute to the objectives, direction and operation of their department and
the University.
21.  If engaged in degree teaching, as appropriate, conduct research either as a member of a team
or independently, taking into account the extent to which degree teaching makes up the current
role.

FACTORS CHARACTERISING RESEARCH OFFICERS, TEACHING ASSISTANTS AND
RESEARCH ASSISTANTS

These characteristics should be applied in the identification of the above positions.

RESEARCH OFFICERS

Research Of icers are employed to support the research process under the supervision of a researcher
but are staff who are embarking on a research career. Research Of icers carry out those duties
identified for Teaching and Research Assistants, but such duties would not constitute the major
element of workload. Research Officers generally do not supervise post-graduate students and shal
work with support, guidance and/or direction from staff classified as Researchers, but with an
increasing degree of autonomy as skil  and experience is gained.

65

They should:

1.
Hold a post-graduate qualification with a research component.
2.
Develop research expertise through the pursuit of defined projects relevant to the particular field
of research.
3.
Conduct research under limited supervision either as a member of a team or, where appropriate,
independently and produce or contribute to the production of conference and seminar papers
and publications arising out of that research.
4.
Develop a limited amount of research-related material for teaching or other purposes, with
appropriate guidance from other staf .
5.
Make occasional contributions to teaching in relation to their research project(s).
6.
Be capable of experimental design and the operation of advanced laboratory and technical
equipment and/or be capable of conducting advanced research procedures.
7.
Provide advice to post-graduate students within the field of research in which they are engaged.

SENIOR RESEARCH OFFICER

Senior Research Officers are expected to undertake any of the tasks of Research Officers. In addition,
they wil  hold a minimum of a Masters level qualification by research and wil  have significant research
experience (usually at least 5 years) which includes the independent conduct of research projects,
taking full responsibility for all elements of the research process; and the production or co-production
of conference/seminar papers and/or publications arising from their research. Senior Research
Officers wil  be skil ed in the application of advanced research techniques in their field of research.
When considering appointments to these positions consideration wil  be given to successful
experience in contributing to teaching by way of the production of resources, presentations in relation
to research projects or by way of advice to post graduate students. A Senior Research Officer wil  be
capable of training, mentoring or developing others toward attaining full competence as research
officers.

TEACHING ASSISTANTS AND RESEARCH ASSISTANTS

Teaching Assistants and Research Assistants are employed to support the teaching or learning
process under the supervision of a lecturer or researcher. The lecturer or researcher wil  delegate
appropriate tasks provided that the day-to-day research, learning and teaching programmes, the
assessment of students’ learning outcomes, and development of course content, curriculum and
research remain the responsibility of the lecturer or researcher. Teaching Assistants and Research
Assistants do not participate in teaching, nor do they undertake research, in their own right. Teaching
Assistants and Research Assistants generally do not develop or maintain equipment, nor do they set
up computer equipment for experiments.

66

SCHEDULE D
WORKLOAD POLICY

(Applies to all lecturers and Physio Educators except non-teaching lecturers)

1.0
Purpose
This policy, which applies to all lecturers except non-teaching lecturers, should be read in
conjunction with the Academic and Associated Staff Collective Employment Agreement; and
has full effect as if it were a term of that Agreement.

This policy exists to assist Heads of Department and Heads of School to make effective
deployment decisions that ensure equitable, reasonable and safe workloads for lecturers, thus
facilitating the effective operation of the University and staff well-being.

AUT is also committed to the development of work practices which are effective and efficient.
Innovation in teaching which fosters effective learning and student independence is
encouraged and supported.

Workload consists of an agreed balance of activities including Teaching, Research, attendant
duties, and other contributions to the University –  the balance to be agreed between the
Manager and the staff member taking into consideration the University’s needs and priorities
and the staff member’s professional interests, experience, and qualifications.

This policy applies only to matters of workload, including teaching, research and contribution
to the university, and not to other aspects of the employment relationship.

2.0
Principles

2.1
The principles that follow represent good practice and guide the deployment of lecturers
and their workloads.  Managers and lecturers wil  use their best endeavours to give
practical effect to these principles.

The workload wil  be equitable
•
Lecturers with similar responsibilities and duties wil  have similar workloads.
•
Part-time and proportional lecturers and lecturers on probation wil  have
workloads that reflect the time they are available for work (in accordance with their
agreements), and which are fair relative to full-time lecturers.

Total workload wil  be reasonable
•
It wil  be manageable within the timeframes and deadlines set or agreed.
•
Lecturers wil  be able to maintain a balance between professional and personal
life, accepting that normal fluctuations wil  occur, and accepting that lecturers may
have particularly demanding family and/or cultural responsibilities.
•
It will acknowledge  lecturers’ responsibility to maintain skil s and professional
currency.

Total workload wil  be safe
•
It wil  be allocated in a manner consistent with the requirement to take all
practicable steps to minimise harm to the lecturer and other staff members, and
to the students with whom the lecturer works.

The organisation of work wil  be efficient
•
Work practices wil  seek to maximise the productivity of lecturers without
compromising the quality of the learning experience available to students
•
Lecturers wil  be deployed according to their strengths
67

•
Duplication of work wil  be minimised by encouraging collaboration and building
on prior efforts.
•
Deployment of a lecturer to teaching requiring them  to utilise e-education
technologies (where such e-education technologies are unfamiliar to the lecturer)
should be made in agreement with the lecturer.
•
Lecturers wil  receive training in the use of new technologies prior to being
required to use these technologies and wil  receive appropriate technical support.
•
Lecturers wil  receive professional development in effective on-line teaching
before engaging in such teaching.

The allocation of work wil  seek to constrain complexity
•
Lecturers wil  not be spread too widely across modules, subjects and
programmes.

The process of allocating work wil  be:
•
Transparent  -  i.e.  duties and responsibilities of all lecturers (excluding non-
teaching academic staff) within a school (or department, or academic group) wil
be available to each member of the school, and to the Collective Monitoring
Commit ee.
•
Open – i.e. involve consultation with lecturers within their teaching teams.
•
Planned – i.e. duties and responsibilities wil  normally be allocated prior to the
start of the period, accepting that plans may require adjustment in unexpected
circumstances.

All aspects of workload will be taken into account in the allocation of work, including:

i)
Timetabled teaching hours and attendant duties, which include:
•
preparation for lessons
•
routine administration and participation in University process
•
student assessment
•
ordinary student pastoral care and assistance
•
routine updating of courses and material
•
contribution to day-to-day maintenance of teaching areas
•
maintaining skil s and professional currency
and
ii)
Al  other relevant workload factors including:
•
class size
•
course development requirements, including evaluation and review
•
assessment requirements
•
student support requirements
•
other demands of the teaching programme
•
experience and skil  level of the lecturer
•
particular requirements related to open/distance learning
•
cultural requirements of Charter obligations
•
EEdO/EEO obligations of the organisation
•
the need for breaks from timetabled teaching throughout the year
•
participation in research projects as appropriate
•
teaching across a range of courses/programmes
•
rapidly changing disciplines
•
post-graduate supervision (refer to Appendix I for workload guidelines
relating to post-graduate supervision)
•
community service
•
industry liaison.

68

NB:  Whether or not clinical supervision or supervision of students on work experience,
co-operative education practicums or undertaking clinical experience, or being on
standby to assist students who are undertaking self-directed learning is to account
as a TTH or another workload factor is stil  under consideration. Should a dispute
arise concerning the workload of a lecturer who has this component in their duties
the dispute wil  be resolved taking into account the total workload of that
individual.

2.2
In applying the foregoing principles the following conditions shall be acknowledged:
•
AUT has a commitment to a stable and experienced workforce.  This commitment
may result in workload imbalances from time to time as a result of the changing
demand of programmes.
•
Academic work is complex, which may make direct comparisons of workload
difficult in individual circumstances.
•
AUT has a significant infrastructure for supporting students in their learning.
Lecturers have a responsibility to be aware of the services available to students,
and to refer students as appropriate.
•
Lecturers have ten duty days per annum available for the purpose of maintaining
skil s and professional currency.
•
New lecturers have up to three weeks per annum in each of their first two years
of employment for initial teacher training.

3.0
Workload Expectations of Lecturers

3.1
To help ensure that workloads are reasonable, the expectations of lecturers set out in
each of the workload bands that follow shall be maintained.

It is not intended that these bands prescribe any particular approach to allocating work,
or preclude deployment to a variety of levels, and they should not be interpreted to
prevent a fully negotiated process of determining workloads. Nor should these bands
be regarded as a permanent definition of any individual lecturer’s workload, which may
change from one semester to another.

Workload Bands
To assist in the allocation of work to individual lecturers five workload bands are
identified which link workload to timetabled teaching hours (TTH). A TTH is “one hour
spent in timetabled class instruction including any timetabled hour of structured learning
activity for which the Employee is responsible”.

Where the term “expected to” is used in this section, it refers to the
expectations/requirements of the University. In exercising an expectation on behalf of
the University Heads of Department and Heads of School are to take account of the
principles established in Section 2.0.

Workload Band A
(51-300 Timetabled Teaching Hours (plus attendant duties) per annum i.e. 0-150 TTH
per semester).

Lecturers wil  be expected to:
•  Maintain skil s and professional currency (discipline, and as teachers)

69

Lecturers may be expected to:
•  hold higher (generally post-graduate) qualifications;
•  be actively engaged in research  (refer to 3.2);
•  publish, exhibit or perform creative works, or present to conferences the result of
their research (refer to 3.2);
•  teach mainly at levels 5-8 (including large classes at undergraduate level and small-
group post-graduate classes).

Lecturers would normally:
•  use assessment that involves significant marking out of class

Lecturers in this Band would benefit from at least one day a week free of classes to
pursue academic activities associated with research.  Such time may be off-campus.

Workload Band B
(301-450 Timetabled Teaching Hours (plus attendant duties) per annum i.e. 150-225
TTH per semester)

Lecturers wil  be expected to:
•  maintain skil s and professional currency (discipline, and as teachers).

Lecturers may be expected to:
•  pursue higher (generally post-graduate) qualifications if these are required by the

Department/School;
•  be actively engaged in research (refer to 3.2);
•  publish, exhibit or perform creative works, or present to conferences the results of
their research activity (refer to 3.2);
•  teach mainly at levels 5-7 (including larger groups).

Lecturers would normally;
•  use assessment that involves significant marking out of class.

Lecturers in this Band would benefit from at least one day a week free of classes to
pursue academic activities associated with publication and research. Such time may
be off-campus.

Workload Band C
(451-600 Timetabled Teaching Hours (plus attendant duties) per annum i.e. 225-300
TTH per semester).

Lecturers wil  be expected to:
•  maintain skil s and professional currency (discipline, and as teachers).

Lecturers may be expected to:
•  pursue higher qualifications if these are required by the Department/School;
•  teach mainly at levels 2-5 (with class sizes up to 30);

Lecturers would normally:
•  use assessment that involves some marking out of class;

Lecturers cannot be expected to:
•  engage in research; (proviso: there is an expectation lecturers wil  engage in
scholarship related to their teaching.)
70

•  publish or present to conferences.

Workload Band D
(601-750 Timetabled Teaching Hours (plus attendant duties) per annum i.e. 300-375
TTH per semester).
Lecturers wil  be expected to:
•  maintain skil s and professional currency (discipline, and as teachers).

Lecturers would normally:
•  teach a significant proportion of classes involving practical workshops or work
experience;
•  use assessments that are usually carried out within class contact time;
•  teaching mainly at levels 2-4 (usually smaller classes – up to 20).

Lecturers cannot be expected to:
•  pursue higher qualifications;
•  engage in research; (proviso: there is an expectation lecturers wil  engage in
scholarship related to their teaching.)
•  publish or present to conferences.

3.2
The particular programme of research undertaken and  the expectations relating to
publication

(eg.  refereed journals versus other journals; international conferences versus other
conferences) may have a highly variable effect on workload. Specific research and
publication outcomes must be agreed with the lecturer concerned, taking into account
timeframes for completion.  Teaching Path Lecturers in Workload Band B could be
expected to meet more demanding research and publication outcomes than Teaching
Path Lecturers in other Bands.

3.3
Nothing in the descriptors of the workload bands should be construed to  preclude
research activities being pursued by lecturers who teach primarily below level 5.  Where
research activity is an agreed component of the workload of lecturers in Bands D, or E,
it shall be taken into account according to the requirements of Section 4.0 of this policy.

3.4
The Timetabled Teaching Hours to which these workload bands refer assume a
traditional face-to-face mode of educational delivery and the attendant duties which
arise from this mode of delivery. It is acknowledged that technology-enhanced
educational delivery brings a different set of workload demands that must be taken into
account according to the requirements of Section 4 of this policy.

The current policy adopted by the Academic Board ‘Learning and Distance Education’
will be reviewed by the CMC.

4.0
Other Academic Contributions

4.1
The expectations set out for each Band are not intended to be exclusive of other duties,
some of which may involve significant workload (e.g.  cultural contributions to AUT;
beginning post-graduate supervision; programme leadership; curriculum development,
especially new modules, or keeping pace with a rapidly changing curriculum;
developing significant teaching resources).
4.2
Where such other duties or responsibilities are expected of a lecturer and involve
significant workload there shall be:
•  a tangible reduction to timetabled teaching within the band, in recognition of the
workload; OR
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•  provision of alternative support e.g. Teaching Assistant, or
•  a written agreement with the lecturer setting out agreed results or outcomes to be
achieved within an agreed timeframe (usually one semester or one year).

Workload Guidelines for Postgraduate Supervision
  5.1   Introduction

These guidelines relate to academic staff who supervise postgraduate students for research
activities and the consequent products of research (theses and dissertations and their
equivalents).

“Supervision of a postgraduate thesis is a learning/teaching activity of great importance to the
research/teaching nexus at AUT. Supervision workload may include regular
meetings/email/phone contact with the student, research methodology training, provision of
guidance on research resources and AUT systems (e.g. enrolment, research proposals, ethics
approval, reporting progress, assessment) reading student work, giving formative feedback,
formal reporting about the student and sometimes summative assessment, guiding students
through the research process, and organising peer support”.

Al  postgraduate supervisors should be qualified for their role (refer to policy in the
Postgraduate Handbook); and it is essential that those undertaking supervision are themselves
engaged in research.
5.2   Factors Relevant to determining supervision workload

The following factors should be taken into account in determining supervision workload:
•  The supervisor’s teaching responsibilities.
•  The supervisor’s own programme of research.
•  The supervisor’s administrative or leadership responsibilities.
•  The supervisor’s own experience in supervision.
•  Any higher study or other professional development which the supervisor is undertaking.
•  Any new research students, as well as ongoing ones, allocated to the supervisor.
•  The number of NEST students being supervised.
•  NEST research students require different forms of supervision and support from faculty
than students who are excellent speakers and writers of English. For such students, extra
time should be allocated in the supervisor’s workload, and there should be University-wide
or faculty-level or programme-level support provided, e.g. language nest, thesis writing
sessions.
•  The nature and extent of supervision, and whether the supervisor is a principal or second
supervisor. (Specific roles and duties of each staf  member in liaising with the student and
the other supervisor must be taken into account. If principal supervisors generally need
more time but it cannot be assumed that the second supervisor wil  always need less.
•  Whether the supervised students are fulltime or part-time.
•  The academic level of the supervised students and whether they are in the first or
subsequent years of enrolment in a research thesis, or dissertation.
•  The extent or not of overlap between supervision and the staff member’s own research
(e.g. in laboratories and design studios, whenever the staff member researches with
students working alongside).
•  Supervision of research students at a distance wil  require similar workload provisions to
supervision on campus.
•  Safety issues.
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•  Where student research activities which could be unsafe (to the student or to their research
subjects) are being supervised, the workload of the supervisor should be adjusted to allow
the safety of all parties to be carefully monitored and protected.
•  Active, eminent researchers should be encouraged to spend at least half of their workload
on their own research and postgraduate supervision combined.

5.3   TTH Equivalency

The time allocation for an individual supervisor, for the supervision of one fulltime student, is
0.5 – 2.0 hours/week over the supervision period.
In disciplines where supervising a cluster of research students is equated with teaching
modules to calculate a fair workload across a department or school, 5-6 supervised students
equate to the workload of teaching one AUT module.
N.B. Notwithstanding the above, a staff member is not normally principal supervisor to more
than five doctoral students or nine postgraduate students in total.

6.0
Monitoring Of Workload

6.1
The Head of School (department, or academic group) shall maintain a summary record
of the workload of each lecturer in the school (department, academic group). This
summary must at least record the Workload Band in which the lecturer falls,  the
research contributions and expectations, as well as identifying the other duties which
are subject to written agreement and TTH reduction, as set out above. The summary
should be made available to and be discussed with the lecturers concerned, as should
the issues which impact on workloads.

6.2
A lecturer may request the details (including the summary and any writ en agreements)
of the workload of any one or all of the lecturers in the same schools/groups across
which the staff member teaches (Such requests wil  be actioned promptly by the Head).

6.3
Workload information on all or any lecturing staff to whom this policy applies shall be
made available promptly to the CMC, on request by the CMC, through the convenor of
the CMC.

7.0
Dispute Resolution

7.1
Where a lecturer believes that his or her workload is inequitable or unreasonable or
unsafe the following process shall be followed:

1.
Lodge a request for review of workload with the Head of School (or equivalent)
copied to the Group Director of People and Culture, setting out the basis of the
complaint.
2.
On receiving this request the Head of School shall within five working days:
•
Review the workload to ensure that the expectations of the lecturer are
consistent with the Workload Band.
•
Review the reduction of TTH given for agreed significant workload factors.
•
Compare the workload to that of other lecturers within the school.
•
Respond to the lecturer (copy to the Group Director of People and Culture)
setting out the actions to be taken (if any), with explanation.

NOTE  The five working days response time is intended as the timeframe in which the
concerned lecturer must have his or her concern acknowledged.  It may not be
possible, for practical reasons, to action a remedy within the five working days.  In
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such cases an indicative timeframe wil  be provided as part of the Head of School
response.

3.
If the lecturer is not satisfied with the response the matter may be placed before
a workload review sub-commit ee of the CMC. Such sub-committee to comprise
equal numbers of Employer and Employee representatives.

The sub-commit ee shall make a determination which shall be binding
(notwithstanding the legal remedies which an aggrieved lecturer may choose to
pursue).

NOTE  Step 3 may be preceded by a faculty-based review process that shall be
endorsed by the CMC.

8.0 Stress Management

8.1
AUT recognises that any given workload may have a dif erential impact on any one
individual, taking into account factors such as that lecturer’s skil  and experience level,
time management capability, family/personal circumstances, and personal style of
working.

8.2
Accordingly, the University shall make available to staff the following opportunities, at
no charge, to manage stress:

•  Stress Management Workshops (at least three per annum wil  be offered).
•  Time Management Workshops (at least three per annum wil  be offered).
•  Personal Counselling for work-related stress (by self-referral to AUT's Health and
Counselling Centre).
•  Employee Assistance Programme

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SCHEDULE E
AUT Grand parented Research Pathway Terms and Conditions

PART 2 – DEFINITIONS

2.11  “Research Path Lecturer” means a person deployed to a teaching position which requires
continuous  research activity and for which a higher degree, or equivalent outstanding
achievement as an industry practitioner, and research experience is a prerequisite. Refer
Schedule C for factors characterising research path lecturers and senior research path
lecturers.

PART 3 –TERMS OF APPOINTMENT

3.1.6  Research Path Appointments
(a)  Deployment of lecturers to Research Path positions shall be dependent on
demonstrated satisfactory research performance and potential to teach.

(b)  Without limiting the options available to the Employer under clause 3.3.2
unsatisfactory research performance identified through a fair performance review
process which is not remedied wil  result in the lecturer being redeployed primarily
to teaching duties as a Teaching Path lecturer, provided that the performance of
the lecturer in the teaching or any other non-research component of their position
is not also unsatisfactory.

(c)  Research Path lecturers may transfer to Teaching Path positions by providing to
the Employer not less than twelve months’ notice in writing.

(d)  Where a lecturer changes from Research Path to Teaching Path, or vice versa,
they  shall remain at the equivalent grade or step but the salary, leave, and
professional development entitlements of the lecturer shall also be changed to
reflect the path to which the lecturer is then deployed.

3.2.3  Monitoring and Review
Where an Employee has been deployed to a Research Path position conditional upon
completion of a higher degree in accordance with University policy, the monitoring and
review period shall be the period until the higher degree is completed.

PART 5 – WORKLOAD

5.3
TIMETABLED TEACHING HOURS (TTH) – refer definition clause 2.20

Lecturer Research Path
per year (01 Feb to 31 Jan)
240 TTH
Lecturers – Research Path
per quarter (the year 01 Feb to 31 Jan  130 TTH
divided into 4 equal periods)
Monitoring and Review Probationary  per year (01 Feb to 31 Jan)
192 TTH
Lecturers – Research Path
Monitoring and Review Probationary  per quarter (the year 01 Feb to 31 Jan  104 TTH
Lecturers – Research Path
divided into 4 equal periods)

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SCHEDULE E Continued

PART 7 - TRAINING AND PROFESSIONAL DEVELOPMENT

7.3.5  Professional Development for Research Path Lecturers
Permanent Research Path lecturers are eligible for up to one semester in every seven
semesters or two semesters in every fourteen semesters of employment following
completion of any probationary period to be taken as Research and Study leave, subject
to:
(i)  the lecturer submitting a proposal for research and/or study;
(ii)  the Employer approving the proposed programme –  approval wil  not be
unreasonably withheld;
(iii)  reasonable notice being given, and timing of the leave being negotiated with due
regard to the University’s operational requirements and current financial
circumstances.

N.B. This provision does not apply to Lecturers deployed to the Transitional Research
Path. Refer (g) below.

Research and Study leave wil  generally be taken:
(j)  after completion of six or 12 semesters of employment following completion of any
probationary period;
(ii)  as a single period of time.

Notwithstanding the provisions of clause 7.3.5  (b) other arrangements may be agreed

between the Employer and the lecturer in extraordinary circumstances.

Lecturers who have had their application for Research and Study leave approved shall
be entitled to a grant-in-aid in accordance with University policy.

Within three months of returning from Research and Study leave lecturers shall submit
to the Employer a report of their leave, in accordance with University policy.

Research and Study leave which has accrued but not been taken at the date of
termination of the lecturer, as a Research Path lecturer, shall be forfeit, and shall not
be cashed up.

Lecturers who are deployed to a Transitional Research Path position conditional upon
completion of a higher degree shall be eligible for reimbursement of costs incurred in
undertaking that degree, up to 12.5 percent of their Teaching Path salary per annum,
in accordance with University policy.

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SCHEDULE E Continued
  ACADEMIC STAFF SALARY Structure All rates and allowances, printed and paid, (except
Transport Al owance) to increase by 1.5% on 12 January 2022.

SCHEDULE  E continued
FROM SCHEDULE C
FACTORS CHARACTERISING LECTURERS AND SENIOR LECTURERS

LECTURERS – RESEARCH PATH
In addition, lecturers on the Research Path should:

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1.
Conduct research either as a member of a team, or independently.
2.
Produce research outputs from their research.
3.
Supervise research – support staff involved in their research
4.
Provide guidance in the research effort of Research staff in their research area
5.
Prepare or contribute to the preparation of research proposal submissions to external funding
bodies
6.
Co-supervise, or where appropriate, supervise major honours or post-graduate research projects
within the field of their area of research.

FROM SCHEDULE C
FACTORS CHARACTERISING LECTURERS AND SENIOR LECTURERS

SENIOR LECTURERS – RESEARCH PATH
Senior lecturers are expected to make independent or original contributions to the research effort
within their field of expertise and to the organisational unit or interdisciplinary area of which they are a
part.  Senior lecturers are expected to play a major role in research including the exercise of some
leadership.
They should, in addition:
1.  Conduct research either as a member of a team, or independently
2.  Produce research outputs from their research
3.  Supervise Research Of icers, research – support and administrative staff involved in their
research
4.  Supervise, where appropriate, the research of less senior Research Path staff.
5.  Be involved, where appropriate, in the promotion of research links with outside bodies.
6.  Prepare research proposal submissions to external funding bodies.
7.  Lead, as appropriate, research teams or manage larger scale research projects.
8.  Oversee financial management of grants received for their research projects.
9.  Supervise major honours or post-graduate research projects within the field of their areas of
research.

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SCHEDULE E continued
FROM SCHEDULE D
WORKLOAD POLICY

Workload Band A (Research Path Lecturers)
(0-240 Timetabled Teaching Hours (plus attendant duties) per annum i.e. 0-130 TTH per semester).

Lecturers wil be expected to:
•
Hold a higher degree (generally a doctorate), have equivalent outstanding achievement as an
industry practitioner or be pursuing a higher degree by agreement.
•
Be actively engaged in research of a continuous nature
•
Publish, exhibit creative works, or present to conferences the results of their research.
•
Use assessment that involves significant marking out of class.
•
Maintain skil s and professional currency (discipline, as researchers and as teachers).

Lecturers in this band would benefit from at least one day a week free of classes to pursue academic
activities associated with research. Such time may be off campus.

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SIGNATORIES
The Vice-Chancellor of the Auckland University of Technology and TEU undertake that this Collective
Agreement wil be administered in accordance with the true intent of its terms and provisions and wil
give to each other the ful est co-operation to the end that harmonious employment relations may be
maintained.
Signed: PROFESSOR DAMON SALESACELLOR
26 May 2023
Date:
Signed: IRENA BRORENS
Assistant National Secretary – Industrial.
For and on behalf of the Tertiary Education Union/Te Hautū Kahurangi o Aotearoa (TEU).
Date:
_________________
15 May 2023
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