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UB and the NTEU settle AWA case

1 February 2008


JOINT NTEU/UNIVERSITY OF BALLARAT MEDIA RELEASE

The University of Ballarat and the NTEU have reached an out-of-court settlement of proceedings issued against the University in the Federal Court of Australia. The terms of the settlement are subject to final approval by the Federal Court.

The proceeding involved an allegation that the University knowingly misled staff in relation to AWAs and, as a result, the University had breached the provisions of the Workplace Relations Act 1996 (the Act).

At all times, the University has denied that it had knowingly or otherwise misled staff or breached the provisions of the Act.

In essence, the University has agreed that all staff who entered into an AWA with the University are to be given an opportunity to terminate their AWA by agreement and to then move on to a collective agreement.

"The University is pleased to have resolved this matter and looks forward to reaching an amicable agreement with the unions and the staff on the upcoming round of enterprise bargaining which is scheduled to commence in the next few weeks," said the Vice-Chancellor Professor David Battersby.

”The NTEU is glad to be able to put this difficult period behind us and to see people who were employed on AWAs being given the opportunity to move back to coverage by the collective agreement. We think this creates a more positive environment for negotiating the next enterprise agreement, and ensures that all University staff have the opportunity to benefit from it,” said NTEU University of Ballarat Branch President Dr Jeremy Smith.

The University has written to the Deputy Prime Minister, who is Minister for Education, Employment and Workplace Relations, alerting her to this settlement and to the implications it may have for the University's ongoing compliance with the Higher Education Workplace Relations Requirements (HEWRRs) implemented by the previous government.

Media enquiries:  
University of Ballarat   Matthew Freeman (03) 5327 9510, 0408 519 674  
NTEU
Linda Gale (03) 9254 1930, 0414 857 392
or
Josh Cullinan (03) 9254 1910, 0416 241 763

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