4.1 Definition of Singular and Plural
For the purposes of this Agreement unless the context otherwise requires, words in the singular include words in the plural and vice versa.
4.2 Definition of Terms
4.2.1 Aboriginal and Torres Strait Islander Peoples means a person of Australian Aboriginal and/or Torres Strait Islander descent who clearly identifies as an Australian Aboriginal and/or Torres Strait Islander person and who is accepted as such by his or her Australian Aboriginal or Torres Strait Islander community.
4.2.2 Aboriginal and Torres Strait Islander Ceremonial Obligation means an obligation that may be ‘traditional’ or ‘urban’ in nature and may include initiation, birthing and naming, funerals, smoking or cleansing and sacred site or land, sea or sky ceremonies.
4.2.3 Academic employee means a person employed by the University of Southern Queensland to undertake academic work, and who is classified by the position classification standards in accordance with Clause 38.2.1.
4.2.4 Adoption agency means an agency, body, office or court, authorised by a Commonwealth or State law to perform functions about adoption.
4.2.5 Agreement means the University of Southern Queensland Enterprise Agreement 2018-2021.
4.2.6 Child means, for the purpose of maternity and partner leave, a person to whom the employee or the employee’s partner has given birth and who is under the age of one (1) year.
For the purpose of adoption leave ‘child’ means a child who is under the age of five (5) years, but does not include a child who has previously lived continuously with the employee for a period of at least six (6) months; or is the child or stepchild of the employee or employee’s partner.
‘Child’ also means two (2) or more children in circumstances where a multiple birth results from a single pregnancy or in circumstances where the employee adopts two (2) or more children at the same time.
4.2.7 Council means the Council constituted under the University of Southern Queensland Act 1998 as amended from time to time.
4.2.8 Close relative includes spouse/partner; son; daughter; step-son; step-daughter; parent; step-mother; step-father; brother; sister; step-brother; step-sister; grand-son; grand-daughter; grand-parent; mother-in-law; father-in-law; sister-in-law; brother-in-law; son-in-law; daughter-in-law; any other person approved by the Vice-Chancellor or Delegate.
4.2.9 Consultation means conferring between the University, the Unions through the Staff Consultative Committee, and those employees whose conditions of employment are covered by this Agreement, and their Nominated Representative, in such a way that there is the opportunity for relevant employees to contribute to and influence the decision-making process. Consultation does not mean having to reach agreement.
4.2.10 Contingent funding means limited term funding provided from external sources, or revenue from fees received by the University, which must be allocated to a related employment activity.
4.2.11 Continuous service means continuous employment with the University and includes periods of leave without pay and any break in employment of less than four (4) months. For the purposes of long service leave, entitlements will cease to accrue during any break between contracts.
4.2.12 De facto spouse means a person of the opposite or same sex to the first mentioned person who lives with the first mentioned person as their partner although not legally married to that person.
4.2.13 Delegate means the relevant officer as specified by the Delegation Schedules pursuant to the Delegations of Authority Framework.
4.2.14 Executive Director means the Executive Director (Human Resources) and is the person appointedto the position and includes anyone fulfilling that role on a temporary basis, regardless of future title changes.
4.2.15 Disciplinary action means action by the University to discipline an employee for unsatisfactory performance, misconduct or serious misconduct and includes: formal censure or counselling; demotion by one (1) or more classification levels or increments; withholding of an increment; suspension with or without pay; or termination of employment for unsatisfactory performance or serious misconduct only.
4.2.16 English Language Teaching employee means a person employed to teach only in the English Language programs at the University of Southern Queensland and who is classified by the position classification standards in accordance with Clause 38.2.1.
4.2.17 Employee means a person employed by the University of Southern Queensland and whose conditions of employment are covered by this Agreement.
4.2.18 Employee representative on the Staff Consultative Committee means (a) employees directly elected by and from relevant employees, whose conditions of employment are covered by this Agreement, to represent them on the Staff Consultative Committee; and (b) Representatives of the Unions covered by this Agreement.
4.2.19 Expected date of placement means the date on which the child is placed with legal adoptive parents.
4.2.20 Full-time employee is an employee engaged as such.
4.2.21 FWC means the Fair Work Commission.
4.2.22 Immediate family means a spouse (including a former spouse, a de facto partner (including a former de facto partner) of the employee; a child or an adult child (including an adopted child, a step-child or an ex-nuptial child), parent, grandparent, grandchild, or sibling of the employee or a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or a person approved by the Vice-Chancellor or Delegated Officer.
4.2.23 Maternity leave means leave that a pregnant employee takes for the birth of her child, or to enable her to be the child’s primary caregiver.
4.2.24 Misconduct means conduct which is not serious misconduct but is nonetheless conduct which is unsatisfactory.
4.2.25 Nominated Representative means in relation to an employee, a person selected by the employee to assist or represent the employee. The person may be an officer or employee of the relevant Union, or any other person chosen by the employee. In relation to the University, it means a person selected by the University to assist or represent the University. The person may be an employee of the University, or an officer or employee of AHEIA, or any other person selected by the University. The Nominated Representative must not be a practising barrister or solicitor and must not present a conflict of interest.
4.2.26 Parental leave means maternity leave; primary caregiver’s leave; adoption leave and partner leave.
4.2.27 Parent of a child means the child’s birth mother; or birth mother’s partner; or a legally recognised adoptive parent or parent through a surrogacy arrangement.
4.2.28 Parties to the Agreement means the University of Southern Queensland and Academic, Professional, and English Language Teaching employees as defined.
4.2.29 Partner means husband or wife; or de facto partner; or same sex partner.
4.2.30 Primary caregiver means a child’s parent who has the dedicated responsibility for the day to day care of the child.
4.2.31 Professional employee means an employee classified by the position classification standards in accordance with Clause 38.2.1.
4.2.32 Public holidays means any day appointed and recognised under the Holidays Act 1983 (Queensland), for the relevant campus location and gazetted as such by the Queensland Industrial Relations Commission (QIRC).
4.2.33 Serious misconduct means misconduct of a serious nature and is usually conduct of a type that would make it unreasonable for the University to continue the employment of the employee concerned. Serious misconduct includes, but is not limited to serious misbehaviour of a kind which constitutes a serious impediment to the carrying out of an employee’s duties or to the employee’s colleagues carrying out their duties; serious dereliction of the duties required of the employee; or conviction by a court of an offence which constitutes a serious impediment of the kind referred to in this definition.
4.2.34 Shiftworker means an employee who works according to a roster as described in Clause 46.2.
4.2.35 Spouse means a husband or wife, or de facto spouse, or same-sex partner.
4.2.36 Termination of employment means termination of employment at the initiative of the University.
4.2.37 Union means a Union representing employees at the University, and who are covered by this Agreement.
4.2.38 Union representative means a person delegated by a relevant Union covered by this Agreement to be a representative, and advised by that Union to the University, in writing, as such.
4.2.39 University means the University of Southern Queensland.
4.2.40 University Policies and Procedures means the policies of the University of Southern Queensland as amended from time to time by the University, specified to govern the actions, rights and privileges of employees, and identified as such.
4.2.41 Vice-Chancellor means the person appointed as such to be the Vice-Chancellor of the University, and includes anyone fulfilling that role on a temporary basis.