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Industrial Reform - the
New Zealand Experience
A Case Study of the
University of Otago
Emeritus Professor Phil
Meade Deputy ViceChancellor (Academic)
Industrial Reform in the University Sector:
The New Zealand Experience
- A Case Study of the University of Otago
Emeritus Professor Phil Meade
18 May 2004
The New Zealand Experience
Industrial Conciliation and Arbitration Act 1894
Employment Contracts Act 1991
Employment Relations Act 2000
The New Zealand Experience
Formerly the Blackball Hilton
The New Zealand Experience
1894-1991
1988: Significant change in employment terms and
conditions in New Zealand universities
1
Removal of academic salary setting from the
Higher Salaries Commission
2
The Vice-Chancellor became the employer of all
University staff
The New Zealand Experience
1894-1991
Consequences
Immediate tension set up between the Vice-Chancellor
and staff
The New Zealand Experience
The Employment Contracts Act 1991 (ECA)
1
Removed the protected position enjoyed by unions
2
Allowed individual staff to choose own
representation
3
Extended personal grievance rights to all New
Zealand workers
The New Zealand Experience
The Employment Contracts Act 1991 (ECA)
Consequences
1
New legislation - no elements of compulsion to
either bargain or settle
2
Period of ECA saw little industrial action
3
Union movements’ numbers plummeted
The New Zealand Experience
The Employment Contracts Act 1991 (ECA)
Consequences - Continued
4
Agreed terms between an employee and his/her
employer were paramount
5
An employment contract like any other
commercial contract
The New Zealand Experience
The Employment Relations Act 2000 (ERA)
1
Reintroduced the monopoly rights of unions to
bargain on behalf of their members
2
Only unions can now negotiate Collective
Employment Agreements (CEA)
The New Zealand Experience
The Employment Relations Act 2000 (ERA)
Consequences
1
Change of mindset amongst union movement and
members
2
Now far more industrial action around CEA
bargaining
3
Staff salary expectations raised by Government
without provision of resources for universities to
respond
The New Zealand Experience
The University of Otago Experience
1
Positive working relationships with unions on all
matters except the question of pay rates
2
Both University and staff favour higher pay rates
but University is not funded to do so
3
Unions are putting pressure on the Government via
the Employer
The New Zealand Experience
The University of Otago Experience - Continued
4
Under ECA the University sought to enhance
institutional autonomy by promoting Enterprise
Collective Bargaining as opposed to National
Collective Bargaining
5
Under ERA Unions are turning to Multi-Employer
Collective Agreements
6
The University is seeking to retain institutional
autonomy - a stance that is causing friction
The New Zealand Experience
Case Studies: Implementing Industrial Relations
Reform at the University of Otago
1995-2004 working with Association of University
Staff (AUS) to develop HR policies:
• confirmation
• development
• review
• promotion
Case Study 1
Working with the AUS to Develop HR Policies
Confirmation of Appointment Process
• Upon appointment, the HoD and staff member establish
appropriate performance objectives and standards for
teaching, research and service
• These are signed off by the Assistant Vice-Chancellor
and the Deputy Vice-Chancellor (Academic) (DVCA)
• The normal confirmation period is 5 years
• A staff member’s progress is audited on an annual basis
Case Study 2
Working with the AUS to Develop HR Policies
Scholarship Development Process
• A working group which included the DVCA, Director
of Human Resources and AUS officials has developed
a systematic approach to scholarship development for
staff
• The process provides an opportunity for reflection on
past achievements and clarification of future direction
Case Study 3
Working with the AUS to Develop HR Policies
Assessment of Professorial Performance
• The performance of all professorial staff is evaluated
biennially
• The process commences with either a self evaluation or
a peer evaluation
• Following an interview between the professor and
HoD, the HoD undertakes an assessment of the
professor’s performance
Case Study 3
Working with the AUS to Develop HR Policies
Assessment of Professorial Performance - Continued
• The Assistant Vice-Chancellor makes an overall
evaluation and may add additional comment
• The professor then signs the form and may comment
• The Vice-Chancellor determines the outcome
Case Study 4
Working with AUS to Develop HR Policies
Academic Promotion
•
In 1995 DVCA, Director of Human Resources and
two AUS officials formed a working party to
develop a criterion-referenced promotion process
•
Ground rules agreed:
– Of the three arms for promotion, teaching,
research and service the first two were
considered to be of equal status
– high competence in teaching cannot compensate
for low competence in research and vice-versa
Case Study 4
Working with AUS to Develop HR Policies
Schedule 5 - Promotion to Associate Professor
5.1
General Criteria - candidates shall be required to
show evidence of sustained outstanding competence
in two or more of the three main functions of
academic staff …
5.2
Specific Criteria
Case Study 4
Working with AUS to Develop HR Policies
Schedule 5 - Promotion to Associate Professor - Continued
5.2.1
Sustained outstanding competence in teaching
The Vice-Chancellor will look for outstanding ability
to inspire high academic endeavour and for original
thought with respect to teaching and will take into
account achievements in one or more of:
a
sustained record of fostering the full development of
individual student talent;
b
leadership in teaching and course design terms; ...
Case Study 4
Working with AUS to Develop HR Policies
Promotion to Associate Professor
Staffing Advisory Committee
•
DVCA is Chair
•
Two members of AUS “sit in” as observers
•
AUS members provide written feedback
Case Study 4
Working with AUS to Develop HR Policies
AUS Feedback
Equity of process: “the process of promotions was
adhered to rigorously. The SAC members were very
considerate as to their role and took it seriously. Overall
we thought the process was transparent, rigorous and fair.”
Comments from HoD: “the quality of supporting
statements from HoDs were highly variable. It is important
that the HoD states whether and why the candidate has met
the criteria because the categorisation of performance is
closely scrutinised by the SAC.”
Case Study 4
Working with AUS to Develop HR Policies
AUS Feedback - Continued
Comment on DVCA: “we would like to acknowledge
and appreciate that the DVCA, as Chair, actively
encouraged our involvement and provided ample
opportunity for us to give feedback during the meetings.”
Comment on the Otago Teaching Profile (OTP):
“while the OTP takes a considerable amount of time for
staff members to develop, it is clear that it has
contributed to a more informed and balanced assessment
of overall teaching performance.”
Case Study 4
Working with AUS to Develop HR Policies
AUS Feedback - Continued
The basis for assessing performance: “the service
category continues to be the area in which it is most
difficult to effectively assess the level of performance.
The very generality of what counts as “service” as well as
the lack of a common benchmark against which to judge
“ordinary” as opposed to “outstanding” service meant
that SAC struggled on several occasions to reach
agreement on a candidate’s ranking.”
The New Zealand Experience - Lessons for
Australia
Current Industrial Relations Climate in New Zealand
• An employment law environment based around “good
faith” principles
• Assumes rational negotiation will arrive at sound
solutions
• Provision in the ERA for employment relations
education leave
• Allows individuals opportunity to pursue a personal
grievance
The New Zealand Experience - Lessons for
Australia
University of Otago Relationship with Unions
• Fairly positive working relationships with trade unions on
all matters, except pay rates
• Most success in development and administration of HR
policies
• AUS consistently professional and conscientious
• Over past decade unions have worked successfully with
the University community and together have sustained a
highly professional relationship