3. DEFINITIONS

3.1 Subject to clause 34, "continuous service" means service with the University which the University recognises for continuity of employment.  This includes paid service, periods of approved leave and any service expressly recognised under clause 34.

3.2 “Favouritism” means the improper or corrupt favouring or advantaging of one staff member or group of staff members over others, without regard to merit.

3.3 “Indigenous Australian” means a person of Aboriginal or Torres Strait Island descent who identifies as an Aboriginal or Torres Strait Island person and is accepted as such by his/her Aboriginal or Torres Strait Islander community.

3.4 "Long term casuals" means casual professional staff or Teaching Associate staff who have been employed by the University on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months.

3.5 “Misconduct" shall mean conduct which is not serious misconduct but which is nonetheless conduct which is unsatisfactory.

3.6 “NTEU” means the National Tertiary Education Industry Union.

3.7 “Operative Date” means the date from which this Agreement operates as specified in the approval decision of the Fair Work Commission.

3.8 “Ordinary rate of pay” means the staff member’s hourly, daily or other rate of pay (excluding Teaching Associate rates) calculated on the base annual salary payable in accordance with the relevant classification as set out in Schedule 1, except where elsewhere provided in this Agreement.

3.9 “Parties” shall mean the University and the NTEU and any other union where that union has acted as a bargaining representative in relation to this Agreement and notifies the Fair Work Commission of its intention to be bound pursuant to the Fair Work Act 2014, unless otherwise implied by the context.

3.10 "Representative" means a person chosen by the staff member but not a practising barrister or solicitor.

3.11 “Serious misconduct" shall mean:

     (a) Misbehaviour of a kind which constitutes a serious impediment to the carrying out of an academic or professional staff member's duties or to an academic or professional staff member's colleagues carrying out their duties; and/or

     (b)  Serious dereliction of the duties required of the academic office or professional staff member's position; and/or

     (c)  Conviction by a court of an offence which constitutes a serious impediment of the kind referred to in paragraph (a) above.

3.12 “Staff member” means academic and professional staff however employed by the University.

3.13 “Suitable Alternative Employment” means employment either external to the University where the employment has been negotiated or procured by the University or within the University:

     (a) for which a staff member meets the essential requirements; and

     (b) which the staff member could perform satisfactorily within, what is in all the circumstances, a reasonable time; and

     (c)  (i)   which, in relation to employment within the University, is to be of equivalent grade and salary; or
           (ii)  which, in relation to employment external to the University, is to be on substantially equivalent conditions, grade, and remuneration and which are no less favourable overall; and

     (d)  which is to be filled at the same fraction of full-time as the staff member was employed in the redundant position (or an alternative fraction if the staff member agrees); and

     (e)  in respect of which a rejection by a staff member of an offer on the grounds of geographic location of the position will not be regarded as an unreasonable rejection if the new geographic location is unreasonably distant.

3.14 "Supervisor" means the person who is responsible for the day-to-day supervision of the staff member.

3.15 "Termination of employment" means termination of employment at the initiative of the University.

3.16 “Termination payment(s)”, "termination pay" or "termination benefit(s)" as referred to in clauses 48 and 49 means a payment, the entirety of which shall comprise a genuine redundancy payment, save that the component of any severance payment necessary to satisfy the minimum payment in lieu of notice required under the Fair Work Act 2014, if any, shall be a payment in lieu of notice rather than a genuine redundancy payment.

3.17 “University” means Monash University, a body politic and corporate established under the Monash University Act 1958 and comprises all of its campuses in Australia wherever situated.

3.18 “University Policy” means the policy of the University as in force and varied from time to time.

3.19 “Vice-Chancellor” means the Vice-Chancellor and President of the University or his or her nominee in any case where the Vice-Chancellor has formally nominated a person to act as his or her nominee for the purpose.