Applies to: All Swinburne University General and Operations and
Security Staff (excluding Higher Education Academic Staff, TAFE
Teachers and Childcare Workers)
Approved by: For General Staff - Certified Agreement
Provisions 2000.
23. RE-CLASSIFICATION
23.1 Basis for Re-classification
An employee may apply for the re-classification of their position on
the basis that:
23.1.1 A revised organisational structure has been
proposed which requires the review of all positions and their
classifications; or
23.1.2 The duties and responsibilities of an existing position
have changed substantially so as to suggest that the position may no
longer be appropriately classified. These changes are expected to be
on going and therefore the reclassification should be permanent.
23.1.3 The applicant has not applied for a review of their
classification within the previous twelve months unless a substantial
change in duties and responsibilities occurs within that period.
The following process applies when a re-classification claim occurs:
23.2.1 Where a general staff member applies for the
reclassification of their position to their direct supervisor/
manager the immediate supervisor of a position is responsible for
preparing the position description.
23.2.2 Where a position is occupied it is expected that
the incumbent will also have input into the review of the position
description.
23.2.3 The position description subject of an application
for re-classification should be agreed between the Manager/
Supervisor and incumbent, and signed by all parties to indicate that
the position is appropriately described at the time of preparation.
23.2.4 The Head of Studies/ Management Unit shall sign the
position description to indicate proper consultation.
23.2.5 When agreement cannot be reached on the contents of
a position description, or the Head of Studies/Management Unit
withholds approval, the Classification Appeals Process shall apply.
23.2.6 The effective date of a classification/reclassification
will be the date of lodgement of the application.
Proposals, with any comments or recommendations, are to be forwarded by
or through the management unit to Human Resources within a week of
agreement. Human Resources will check the application to ensure that
all relevant information is provided and will consult with the
position’s supervisor and/or applicant as necessary.
23.4.1 Submission of Materials
The proposal will be submitted to the full Classifications Committee
for consideration within 28 days of lodgement of an application. The
Committee may consult with relevant parties in its deliberations.
23.4.2 Notification of Re-classification Claim
The Human Resources Department will notify the Head of Management Unit
and affected staff in writing within five working days of the
decision.
23.5 Swinburne Classifications Committee:
23.5.1 Membership of the Committee
The Swinburne Classifications Committee shall comprise the following
members:
23.5.1(ii) Two members of staff as nominated by the union.
Where conflict of interest exists, such committee members shall
withdraw their membership of the committee for the application in
question.
23.5.2 Consideration of the Re-classification
23.5.2 (i) The process of decision making will be by consensus.
In the unlikely event that consensus cannot be reached within a
period of one month from the Classifications Committee's first
consideration of the classification request a new classification
committee shall be established.
23.5.2(ii) Where the classification is re-constituted twice, and
a decision is unable to be reached by either Committee by consensus,
the re-classification claim together with all relevant written
submissions and materials will be forwarded to the DVC for
determination that is trained and qualified as provided in sub-clause
22.2.
23.5.2(iii) The Committee shall normally meet as required
depending on the volume and urgency of submissions.
23.6 Classification Appeal Process
23.6.1 Criteria for Appeal
23.6.1(i) Disputes Over Contents of Position Description
The Appeals Committee is empowered to resolve disputes over the
contents of a position description. Where the members of the appeal
committee have been involved in the resolution of a dispute over the
contents of a position description, they are disqualified from
membership for the appeals committee, should an appeal be lodged in
relation to that position.
23.6.1(ii) Review of Classification Committee
Any incumbent of a position may seek reconsideration of the decision of
the Classifications Committee in respect to his/her own position on
the following grounds:
23.6.1(ii)(a) procedural irregularity;
23.6.1(ii)(b) to put before the Committee relevant information
either not provided or not available at the time the application was
first heard.
The appellant may on request have access to any relevant information
including a workplace inspection or discussion with the appropriate
supervisor/ manager.
23.6.2 Classification Appeal Committee
The request for reconsideration shall be examined by a committee
comprising:
23.6.2(ii) One member of staff nominated by the union.
23.6.2(iii) An independent chair agreed between the University
and the union.
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Timeframe for Appeal Committee
23.6.3(i) Appeals are to be lodged with the Human
Resources within 10 working days of the date of advice to the
position incumbent of the classification decision.
23.6.3(ii) An Appeals Committee shall be convened within 15
working days of an appeal being lodged and is required to reach a
decision within 10 working days of its first meeting. The decision
shall be by a majority of the Appeals Committee.
23.6.3(iii) The appellant shall be advised of the decision of
the Appeals Committee within five working days of the decision being
made.
23.6.4 Findings of the Appeal Committee
23.7 Re-Classification Claims –
Qualifications
All staff involved in the resolution of a re-classification claim
including members of the Classification Committee and Appeal
Committee and excluding the applicant, shall be trained and
experienced in the use of the Higher Education Worker classification
criteria.