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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996
(AM2008/3 Section 576E)
SUBMISSION ON EXPOSURE DRAFT AWARDS
for the
HIGHER EDUCATION INDUSTRY
10th OCTOBER 2008
Introduction
1. The Council of Private Higher Education (“COPHE”) is an association of private institutions accredited to offer courses at levels ranging from higher education diplomas through to doctorates in the higher education sector. The membership is very diverse with a combination of not-for-profit and for-profit, some faith based and others that are wholly owned by public universities.
2. In previous submissions COPHE has sought to make the point that private providers of higher education are distinct from public universities, have a wide range of employment practices and exhibit diverse characteristics reflecting different organizational and educational cultures. Linking public and private institutions together in an award has the potential to cause significant hardship for private providers and we have noted our opposition to a single higher education award.
3. We have also noted the intention of the Commission that the exposure drafts of the higher education awards are intended to apply to public and private universities.
4. We are concerned that the definition of the Higher Education Industry adopted in the exposure drafts, both for academic staff and general staff are open to an interpretation that would draw in non-university higher education providers.
5. We propose that we already have a widely accepted definition of university in Australian higher education in the MCEETYA protocols which should be adopted in the awards.
Defining Universities in the Awards
6. At paragraph [30] of its Decision of 20 June 2008 [PR062008] the Commission recorded its decision
“We have decided to include a defined area of higher education on the priority list. We shall focus on mainstream universities both public and private. At this stage we shall not include the TAFE sector or the not-for-profit faith-based institutions which may offer a limited number of degree courses. Although we intend to include both public and private universities, the number of modern awards to be made is yet to be decided. But, in our view, it is preferable to examine all of the relevant issues at the same time.”
In this decision, it is clear that the application of modern awards is to be for universities, public and private. The Commission accepted that non-university providers would be considered at a later date.
At paragraph [45] in the Statement of 12 September 2008 the intent of applying awards to public and private universities is repeated.
7. In the exposure drafts of the higher education awards the following definition is used
“Higher education industry means educational institutions providing undergraduate and post graduate teaching leading to the conferring of accredited degrees and performing research to support and inform the curriculum and includes:
The Batchelor Institute of Indigenous Tertiary Education and;
The Australian Film, Television and Radio School”
8. We submit that the definition above is open to broader interpretation than is intended and that the most appropriate definition of universities in Australia is to be derived from the National Protocols for Higher Education Approval Processes (the ‘National Protocols’) agreed to by the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA) and the associated National Guidelines for Higher Education Approval Processes (the Guidelines)as adopted by all state and federal jurisdictions as the basis of their legislation. They define various categories of Australian higher education provider of which universities are one defined category. The National Protocols protect the standing of Australian higher education nationally and internationally by assuring students and the community that higher education institutions in Australia have met identified criteria and are subject to appropriate government regulation.
9. The National Protocols, together with the Guidelines, establish processesunder which a diverse range of higher education providers may be accredited. The 2007 revised version commenced implementation at the beginning of 2008 and now provide for a wider range of private and specialist universities.
10. The Ministerial Council on Employment, Education, Training and Youth Affairs (MCEETYA) first agreed to the adoption of the National Protocols on 31 March 2000. Revised National Protocols were approved by MCEETYA in July 2006 with some clarifications approved in October 2007 and are now in operation along with the National Guidelines to accompany the revised National Protocols.
11. Guidelines for establishing Australian universities are covered under National Protocols A and D and provide the key definition of what constitutes a university in Australia. No institution may obtain approval to operate as an Australian university without complying with the National Protocols.
12. COPHE submits that the most appropriate definition of Higher Education in the Higher Education Modern Awards that gives effect to the Commission decision of 20 June is;
“Educational institutions approved as universities under The National Protocols for Higher Education Approval Processes- Protocols A and D and registered as a university on the Australian Qualifications Framework Register of Recognised Education Institutions and Authorised Accreditation Authorities”
Conclusion
13. COPHE has sought input from its members on what the effect would be if the draft modern awards were to be applied to their institution.
The feedback has raised major concerns. If COPHE member institutions are roped into coverage under an award that is driven by major universities, institutions which operate under totally different conditions, with different funding arrangements and at a scale that is another order of magnitude, the flexibility that is needed in order to operate as a private provider will disappear. There are clear indications that some providers would not survive.
Contact Details
Adrian McComb
Executive Officer
Council of Private Higher Education Inc.
Level 4 Suite 244,
813 Pacific Highway
Chatswood NSW 2067
email: amccomb@cophe.edu.au
Phone 02 8021 0841 |
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