71. Contracting out/labour hire

71.1.   The University may make intermittent use of contract labour to meet a short term need for particular expertise or a period of high demand for particular activities which cannot be met from existing staff resources.

71.2.   The parties recognise that the University has an ongoing need to used specialised external advice and assistance on a variety of projects and assessments.

71.3.   Before engaging any contractors and/or labour hire firms beyond the circumstances outlined in clause 71.1 the University will genuinely consult with relevant directly affected staff and their respective union/representative. This consultation will provide an opportunity to comment on the scope of works to be contracted out and, where applicable, the conditions established in the tender documents. This consultation will also present an opportunity to consider reasonable options for undertaking the work using in-house staff. In this consultation, the University will communicate with the relevant staff and their respective union/representative issues including:

    1. safety;
    2. anticipated number and qualifications (relevant to their expected role) of contract/labour hire staff;
    3. alterations in the working conditions for employees covered by this Agreement caused by the proposed use of contractors or labour hire companies;
    4. appropriate induction and site training (including Workplace Health and Safety) for contractor staff; and
    5. the likely duration of the contracting arrangements.

    71.4.   In the process of this consultation, the University is not required to disclose confidential or commercially sensitive information to the relevant staff or their respective union/representative.

    71.5.   The University must ensure that any contractor or labour hire companies have established industrial bona fides (which can be a current Enterprise Agreement) and are paying staff in accordance with the applicable industrial instrument or relevant industry agreement (such as ‘Clean Start’).

    71.6.   Disputes under this clause may be resolved under the Dispute avoidance and settlement clause (clause 77).

    71.7.   Any outsourcing proposal that would have an impact on members of staff will be subject to the managing change provisions prescribed in clause 70 above, except where this is not practicable in cases of emergency or in circumstances where buildings, plant, equipment, services or health and safety are threatened and appropriate University staff members are not readily available.


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