Hi. I'm after some insight into what appear to be somewhat conflicting clauses in an enterprise agreement (EBA).
It revolves around who can represent a staff member in a review of a redundancy decision before a review committee at a University.
On the one hand in clause 47.10 the staff member may choose to be assisted or represented by an agent of their choosing who is a staff member of the university
On the other hand in clause 11.2 it states that the Committee shall: allow the staff member to the represented by the Union or other Representative of their choice.
(my emphasis with the underlining)
The term "agent" is not defined under the definitions in the Enterprise Agreement.
The term "Representative" is defined under the definitions as: "Representative"means a person chosen by the staff member but not a practising barrister or solicitor.
I have put some more details of the clauses below. Apologies the post is so long for a newcomer.
cheers
saratoga
Review Committee
Under clause 47.9 it states: An application for a review will be referred to a Review Committee convened in accordance with clause 11, within 10 days.
Under clause 47.10 it states: The staff member and the Vice-Chancellor may choose to be assisted or represented by an agent of his/her choosing who is a staff member of the University (but not if such a person is a currently practising solicitor or barrister).
When we refer to Clause 11
11. COMMITTEES AND CHAIRPERSONS
11.1 The review or appeal committees specified in clauses 47, 53, and 54 of this Agreement shall consist of three members as follows:
(a) A nominee of the Vice-Chancellor;
(b) A nominee of the President of the Monash University NTEU Branch; and
(c) An independent Chair appointed in accordance with this clause.
11.2 Each committee in undertaking its role shall:
(a) allow the staff member to be represented by NTEU or other Representative of his/her choice;
(b) allow the University to be represented by an agent of its choice, but not a practising barrister or solicitor;
(c) provide an opportunity for the staff member, NTEU or other representative of the staff member and the University representative to make submissions, and present and respond to written or oral evidence in relation to the matter before the committee, and take into account such further materials as it believes appropriate to determine the facts in dispute;
e) ensure that the staff member, NTEU or other representative of the staff member, and the University or its representative has the right to ask questions of witnesses, where appropriate;
(f) conduct all interviews in the presence of the staff member, NTEU or other Representative of the staff member, and the University representative and/or the Divisional Director, Human Resources or his or her representative;
It revolves around who can represent a staff member in a review of a redundancy decision before a review committee at a University.
On the one hand in clause 47.10 the staff member may choose to be assisted or represented by an agent of their choosing who is a staff member of the university
On the other hand in clause 11.2 it states that the Committee shall: allow the staff member to the represented by the Union or other Representative of their choice.
(my emphasis with the underlining)
The term "agent" is not defined under the definitions in the Enterprise Agreement.
The term "Representative" is defined under the definitions as: "Representative"means a person chosen by the staff member but not a practising barrister or solicitor.
I have put some more details of the clauses below. Apologies the post is so long for a newcomer.
cheers
saratoga
Review Committee
Under clause 47.9 it states: An application for a review will be referred to a Review Committee convened in accordance with clause 11, within 10 days.
Under clause 47.10 it states: The staff member and the Vice-Chancellor may choose to be assisted or represented by an agent of his/her choosing who is a staff member of the University (but not if such a person is a currently practising solicitor or barrister).
When we refer to Clause 11
11. COMMITTEES AND CHAIRPERSONS
11.1 The review or appeal committees specified in clauses 47, 53, and 54 of this Agreement shall consist of three members as follows:
(a) A nominee of the Vice-Chancellor;
(b) A nominee of the President of the Monash University NTEU Branch; and
(c) An independent Chair appointed in accordance with this clause.
11.2 Each committee in undertaking its role shall:
(a) allow the staff member to be represented by NTEU or other Representative of his/her choice;
(b) allow the University to be represented by an agent of its choice, but not a practising barrister or solicitor;
(c) provide an opportunity for the staff member, NTEU or other representative of the staff member and the University representative to make submissions, and present and respond to written or oral evidence in relation to the matter before the committee, and take into account such further materials as it believes appropriate to determine the facts in dispute;
e) ensure that the staff member, NTEU or other representative of the staff member, and the University or its representative has the right to ask questions of witnesses, where appropriate;
(f) conduct all interviews in the presence of the staff member, NTEU or other Representative of the staff member, and the University representative and/or the Divisional Director, Human Resources or his or her representative;