Aboriginal & Torres Strait Islander Employment
NB Sharlene Leroy-Dyer (NTEU) and Bronwyn Fredericks (management) are the main contributors for this clause.
Aboriginal and Torres Strait Islander Employment
Aboriginal and Torres Strait Islander Employment
For the purposes of this clause, “Aboriginal and Torres Strait Islander” person means any person who is of Aboriginal and/or Torres Strait Islander descent who is recognised and accepted as such by other Aboriginal or Torres Strait Islander peoples and who identifies as an Aboriginal and/or Torres Strait Islander.
The University is committed to reconciliation with Aboriginal and Torres Strait Islander Australians and will establish and maintain a workplace environment that values Aboriginal and Torres Strait Islander peoples’ cultures, aspirations, and contributions. This is expressed in the University’s Reconciliation Action Plan (RAP), Aboriginal and Torres Strait Islander Peoples Employment Strategy, and the University’s Strategic Plan.
The University will take active steps to seek to increase the representation of Aboriginal and Torres Strait Islander employees with the aim of achieving population parity in Queensland (currently 4.6%), guided by the objectives outlined in the Aboriginal and Torres Strait Islander Peoples Employment Strategy with the following objectives:
Ensure significant Aboriginal and Torres Strait Islander representation in employment throughout the University, over the life of this Agreement the University will increase Aboriginal and Torres Strait Islander employment to the full-time equivalent of 150 Academic Employees and 200 Professional Employees by 1 September 2029.
The University will maintain the Aboriginal and Torres Strait Islander Employment Steering Committee which will include 2 Union representatives, at least 1 of whom will be Aboriginal and/or Torres Strait Islander.
Should it be apparent to the parties to this Agreement that the targets in clause 20.1(c)(i) may not be met, the parties will consult with the Staff Consultative Committee(s) to determine what reasonable measures should be taken to increase Aboriginal and Torres Strait Islander employment to the targets specified in clause 20.1 above. The implementation of these measures will be taken as compliance with clause 20.1c(i) and as such the parties agree that a dispute under clause X (Dispute Avoidance and Settlement Procedures) cannot be taken in relation to this clause.
In setting out to achieve the representation outlined above, the University will seek to implement appropriate measures which may include development of performance indicators to address factors such as:
Investment in the professional and career development of Aboriginal and Torres Strait Islander employees;
The classification of positions and mode of employment of positions occupied by Aboriginal and Torres Strait Islander employees; and
Retention and promotion of Aboriginal and Torres Strait Islander employees.
Aboriginal and Torres Strait Islander Language Allowance
In recognition of the importance of Aboriginal and Torres Strait Islander Languages, an Aboriginal or Torres Strait Islander employee will be paid the Aboriginal and Torres Strait Islander Language allowance of $4500 per annum in circumstances where they are:
required to use Aboriginal and Torres Strait Islander Language as a significant part of their role; or
requested by the University to use Aboriginal and Torres Strait Islander Language substantially in the course of their employment.
For the purpose of this clause, Languages includes the complex system of communication used in Indigenous cultures in all its diversity, such as sign language, speech taboos, Indigenous gestural systems, ceremonial language, utterances, auditory, visual and/or non-verbal communications.
Provision for Aboriginal and/or Torres Strait Islander cultural duties/load into workload allocations
The University acknowledges that Aboriginal and/or Torres Strait Islander employees have commitments and obligations to maintaining their relationship to Country, their communities and to the broader community. Where Aboriginal and/or Torres Strait Islander employees engage in cultural activities on behalf of the University, and by agreement with their supervisor, they will have such activities identified and recognised in their workload allocation and considered in criteria for promotion. Unless otherwise agreed, the workload allocation will be no less than 5%.
While the University encourages Aboriginal and Torres Strait Islander employees to undertake cultural duties as part of a celebration of their culture, the University recognises that an employee is not obligated to undertake any requests which involve additional cultural duties that are not part of their role.
For the purposes of this clause, Cultural Load means the additional and often-unrecognised labour, responsibilities, and pressures borne by Aboriginal and Torres Strait Islander employees, beyond the ordinary requirements of their position, arising from cultural obligations, workplace representations, cultural education, and community-related responsibilities that non-Indigenous colleagues do not have.
Cultural Load under clause 20.3c above may include:
contributing to culturally significant meetings, working groups, or staff networks that support the University's Aboriginal and Torres Strait Islander engagement and reconciliation goals;
acting as a representative or spokesperson for Aboriginal and Torres Strait Islander peoples, perspectives, or experiences or to provide cultural advice or input; and
providing support to community members, or attending to cultural or community obligations, including outside ordinary working hours.
Provision of Cultural Services
The University will allow time and reimbursement of costs (pre-approved) incurred by identified Aboriginal and/or Torres Strait Islander employees, for undertaking activities required by the University, in addition to those cultural duties identified in an employee’s workload allocation. Eligibility confirmation will be sought through the Office of the Deputy Vice-Chancellor (Indigenous Engagement) and/or Associate Dean (Indigenous Engagement) in the relevant faculty.
Recognition of Cultural Intellectual Property, and Indigenous Cultural Knowledges
The University will consult with the Aboriginal and Torres Strait Islander community and the relevant Staff Consultative Committee(s) on policy changes affecting community-based intellectual property and Indigenous cultural knowledges.
Bargaining Team Response
Sharelene and Bronwyn agreed to continue to progress this claim in time.