Council Meeting No 3/05

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A meeting of the Council was held in the Council Chamber, 1st Floor, Old Quadrangle on Monday 11 April 2005 at 4.00 p.m.

Present

Members

The Chancellor, Mr I A Renard (In the Chair)
The Deputy Chancellor, (Hon Mr Justice Chernov)
The Deputy Chancellor, (Dr B Lochtenberg)
The Vice-Chancellor (Professor G Davis)
The President of Academic Board (Professor L Skene)
Ms E Alexander, Mr T L Anning, Mr B Barnett, Hon Justice Crennan,
Dr M Doig, Associate Professor M A Elgar, Mr G Hehir, Professor P Pattison,
Ms E N S Ritchie, Ms R Storelli, Mr E Thornley, and Hon Mr D R White.

Others Attending

The President of the Postgraduate Association (Mr M Bellegham)
The Chair of the Interim Student Representative Committee (Mr P Donegan)

The Deputy Vice-Chancellor (Research) (Professor F Larkins)
The Deputy Vice-Chancellor (Academic) (Professor P McPhee)
The Senior Vice-Principal (Mr I Marshman)
The Vice-Principal and Chief Financial Officer (Mr D Percival)
The Vice-Principal and General Counsel (Mr C Penman)
The Vice-Principal (Property & Buildings) (Dr D Daines)
The Acting Vice-Principal and Academic Registrar (Dr M Emison)
The Vice-Principal (Human Resources) (Ms E Baré)
The Vice-Principal (Information) (Ms L O’Brien)

The University Secretary (Mr L Currie)
The Assistant University Secretary (Mr J Green)
The Senior Media Adviser (Ms C Buckridge)

The following deans attended for Council’s discussions of listed key issues:
Professor W Bebbington, Professor M Crommelin and Professor J McKenzie

Business

1. Formal Matters [Item A.01]

   Leave of absence for the May meeting was granted to Judge Lawson.
   
   Council adopted the following resolution: Council notes that its judicial members might be prevented from attending some meetings or parts of meetings during the year through their obligations to complete court sittings, and resolves to grant them leave of absence on those occasions.

2. Minutes of Previous Meetings (Item A.1[a])

   2.1 The minutes of Council meeting 2/05 held on 7 March 2005, copies of which had been distributed, were confirmed.

   2.2 The Action Sheet was noted from Meeting No. 2/05.

3. Starring of Additional Items (Item A.2[a])

   Items A4(b).4&15; A6(a).4; B1(a).6&7; B2(a).9; and B3(a).1 were starred for discussion.

4. Motion to Adopt or Receive "Unstarred Items of Business" (Item A.2[b])

   In accordance with established procedure, it was formally agreed that the items of business that were not to be specifically discussed should be adopted where containing recommendations or received where containing reports.

5. Chancellor's Matters (Item A.3[a])

5.1 Forthcoming Amendments to the Melbourne University Act [Item A.3]

Council noted the tabled report from the University Secretary on the forthcoming Amendments to the Melbourne University Act and agreed that the Bill should be distributed to all members when it became available.

5.2 Revised Key 2005 Performance Indicators for the Vice-Chancellor [Item A.3(a)]

Council noted the final Table of Key 2005 Performance Indicators for the Vice-Chancellor.

5.3 “Taking Stock” Briefing

The Chancellor advised that Deans and members of the Committee of Convocation would be invited to attend the “Taking Stock” Council Briefing Session in August. The usual written report on progress towards implementation of the Operational Plan for the year would be distributed for reference, and the Vice-Chancellor and Senior Vice-Principal would give brief presentations on key elements, leaving ample time for discussion.

5.4 Council Mentoring System

The Chancellor advised that, as discussed at Council’s Planning Conference, a trial would be made of a mentoring system for Council members in their first two years of office, and announced the mentors appointed for the Council members listed below (mentors shown in brackets):

Ms Alexander	(Mr Renard)
Mr Barnett	(Prof. McPhee)
Justice Crennan	(Justice Chernov)
Assoc. Prof. Elgar	(Ms Storelli)
Mr Hehir	(Mr Marshman)
Prof. Pattison	(Dr Doig)
Ms Ritchie	(Mr Renard)
Mr Thornley	(Dr Lochtenberg)

6. Listing of Key Issues and Documents for discussion [Item A.2 (c)]

The following items were listed as Key Issues and Documents for Discussion –

• Voluntary Student Unionism and the “Melbourne Agenda”
  (document A4 reports 1 & 16)
  
• Annual Report and Financial Statements
  (documents B2(a) Appendix A and D.5(c))
7. Vice-Chancellor's Report (Item A.4)

Council received the Vice-Chancellor’s Report.

7.1 Voluntary Student Unionism Legislation and the ‘Melbourne Agenda’

Council had a lengthy discussion of the issues related to Voluntary Student Unionism, and the report by the Senior Vice-Principal attached as Appendix A to the Vice-Chancellor’s Report. It was noted that in the paragraph concerning current opt-out arrangements on the first page of the Senior Vice-Principal’s report, the second sentence should read, “Such membership is not tied to the imposition of any compulsory charges”.

The following resolution was adopted:

Noting -

• the resolutions that Council has previously made with respect to legislative initiatives that seek to limit the University’s capacity to collect non-academic frees that are applied for the purposes of providing amenities, services and facilities for students generally;
• that the University of Melbourne remains committed to providing a ‘Melbourne Experience’ that extends beyond the classroom and to encouraging active student participation in University life;
• that the University of Melbourne already supports voluntary membership of student organisations through its existing opt-out provisions on enrolment;

Council Resolves -

• to oppose the provisions of the Higher Education Support (Abolition of Compulsory Up-front Student Union Fees) Bill 2005 that relate to the levying of student charges;
• to encourage the Vice-Chancellor to take whatever steps, if any, he deems practicable to secure some moderation of the legislation as currently proposed;
• to support the action being taken by the Vice-Chancellor and Senior Vice-Principal to seek to minimise, without undue impact on other university programs, the adverse effects of the legislation;
• to ask the Vice-Chancellor to report to it regularly during 2005 on subsequent developments in relation to both the passage of the legislation and University planning in response to it.

In discussion of the ‘Melbourne Experience’ Working Group to be convened by the Deputy Vice-Chancellor (Academic), outlined in Appendix B to the Vice-Chancellor’s Report, a member suggested that the student members of Council be added to its membership.

7.2 The Victorian College of the Arts 2005 Graduation Ceremony

Council resolved to invest in the President of the College, Mr Ian McRae, the authority necessary to confer certain degrees and diplomas of the University of Melbourne at the Victorian College of the Arts Graduation Ceremony at the Melbourne Concert Hall on Tuesday, 17 May, 2005. Council authorised the President of the Academic Board, Professor Skene, to make the Formal Statement regarding the University Council’s vesting of authority in the President of the VCA, Mr Ian McRae, to confer the awards at the Graduation Ceremony, and to make the Official Declaration to the effect that candidates for the awards had met all requirements prescribed for admission to certain degrees and diplomas of the University, and to the rank, privileges and responsibilities thereof.

7.3 Student Representation on University Committees

Council adopted proposals put forward by the Deputy Vice-Chancellor (Academic), aimed at improving the induction of students to committee work, as set out in Appendix J of the report.

7.4 Report from the Ad-hoc Council Working Group for the Arrangements for Student Representatives

Council received a report from the Senior Vice-Principal (Appendix K to the Vice-Chancellor’s Report) on the outcomes of a recent meeting of the Working Group established by Council to provide advice on the proposed constitution for a new student body and related matters. In view of the Working Group’s finding that the constitution was not yet in a form suitable for recommendation to Council, Council resolved as follows:

• To note the revised arrangements proposed for Council consideration of the draft constitution for a new student organisation, as set out in Appendix K to the Vice-Chancellor’s Report;
• To note the revised schedule, also set out in Appendix K, for the conduct of a student referendum to ratify the draft constitution and elections for appointments relating to the new student organisation;
• To agree to extend up to 31 December 2005 the period during which the Interim Student Representation Committee is recognised as a body that represents students for the purposes of eligibility of receipt of Amenities and Services Fee Funding; and
• To request that it continue to be kept informed of progress in establishing the new student organisation.

Council noted the ongoing commitment shown by the student group to develop a constitutional document with transparent processes and which dealt with the problems of the past.

8. Administrative Committee (Item A.5[a])

   Council received the report of meeting 3/05 of the Administrative Committee held on 16 March 2005.

9. Endowments and Trusts Committee [Item A.5 (b)]

   Council received the report of meeting 1/05 of the Endowments and Trusts Committee held on 15 February 2005 .

10. Planning and Budget Committee (Item A.6[a])

    Council received the report of meeting 2/05 of the Planning and Budget Committee held 9 March 2005.

    10.1 Proposal to Establish a Chair in Geotechnical Engineering

    Council adopted the recommendation to establish the Golder Associates Chair of Geotechnical Engineering, as outlined in Appendix 1 to the report.

    10.2 Report from International Programs Committee

    Council adopted the recommendation for the establishment of formal bilateral linkages for academic co-operation and exchange with the University of Copenhagen

    10.3 Performance Against Plan

    A member expressed disappointment that the University had not met its 2004 target for academic staff participation in the Graduate Certificate in University Teaching, and requested details of actions proposed to ensure that the target was met and exceeded. It was noted that the May meeting of Council would be provided with details of progress towards achieving the comparable target for 2005.

11. Committee of Convocation [Item A.7 (a)]

    Council received the report of meeting 1/05 of the Committee of Convocation held 16 March 2005.

12. Academic Board (Item B.1[a])

    Council received the report of meeting 2/05 of the Academic Board held on 24 March 2005.

    12.1 Appointment of Chair Selection Committee

    Council adopted the Board’s recommendation to establish a chair selection committee for the Golder Associates Chair of Geotechnical Engineering, as set out in Appendix A to the report

    12.2 Academic Board Resolution on Selection

    Council approved Academic Board Resolutions on Selection for the Bachelor of Optometry course, as set out in Appendix B to the report.

13. Finance Committee (Item B.2[a])

    Council received the report of meeting 2/05 of the Finance Committee held on 30 March 2005.

13.1 Financial Statements for the Year Ended 31 December 2004

This item was considered in conjunction with item D.5(c), the University Annual Report 2004. In introducing the financial statements, the Chair of the Finance Committee pointed out that 2004 had been a good year for investment and fee income, but it should not be assumed that this would necessarily continue for the future. Growth in expenditure would need to be constrained if revenues did not continue to grow. Council adopted the following recommendations:

• the adoption of the consolidated financial statements for the year ended 31 December 2004 attached as Appendix A, noting that they had been cleared by audit;
• that Council authorise the Vice-Chancellor and the Chief Financial Officer to sign the financial statements on behalf of the University; and
• to adopt the Annual Report for 2004, subject to such final textual amendment as might be agreed by the Chancellor and Vice-Chancellor.

13.2 Howard Florey Institute – Loan Facility

Finance Committee resolved to establish a loan facility of up to $2million for the Howard Florey Institute to fund infrastructure, noting that it would be drawn down over 2005 and 2006 and repaid from 2008 to 2010.

Council adopted the recommendation that such facility be funded from the Cash Flow component of the University’s Reserve Funds.

13.3 Environmental Health and Safety – Incident Statistics

A member drew attention to summary analysis of incident data for the years 2001 to 2004 set out in Appendix C to the report, and expressed concern at the increase in the incident rate and lost time incident rate over the period, which did not appear consistent with the ‘plateauing’ in days lost shown in Figure 12 of Attachment A to the report of the Human Resources Committee (document B3[a]- refer minute 14.1 below). He also noted the comparatively high number of WorkCover claims in the Melbourne Theatre Company.

The Senior Vice-Principal commented that improved reporting accounted for some of the increase in the incident rate. The Vice-Chancellor undertook to have a follow-up report prepared for Council’s next meeting.

14. Human Resources Committee (Item B.3[a])

    Council received the report of meeting 1/05 of the Human Resources Committee held on 22 March 2005.

14.1 Making Melbourne a Great Place to Work

Council received the document “Making Melbourne a Great Place to Work” (Attachment A to the report), presented as a strategic framework for all staff-related planning, management and leadership across the University, and noted that it would be resubmitted at Council’s next meeting with the missing University targets inserted.

14.2 Police Records Check

Council approved the adoption of the proposed Police Records Check policy for inclusion in the Personnel, Policy and Procedures Manual, as reflected in Attachment B to the report.

15. Building and Estates Committee (Item B.4[a])

    Council received the report of meeting 1/05 of the Buildings and Estates Committee held on 12 February 2005.

16. Committee on Staff Salaries [Item B.6 (a)]

Council received the report of meeting 1/05 of the Committee on Staff Salaries held on 24 March 2005.

16.1 Salary Increase

Council approved the payment of a 3.20% salary increase to all staff covered by the University’s 2003 Enterprise Agreement with effect from the first pay period commencing after 31 March 2005.

16.2 General Staff Performance Bonus

Council agreed that up to 5% of gross annual salary might be awarded as a performance bonus to general staff at the top of the incremental level within a classification who are assessed as outstanding in their annual performance review.

17. Legislation Committee (Item C.1)

    Council received the report of meeting 5/05 of the Legislation Committee held on 21 March 2005.
    
    17.2 Council made the following Regulations as detailed in the report:

    (1)	Revocation of Regulation 5.4.R1 recommended by the University Secretary	To revoke the list of awards of the University (43/05)
    (2)	Making of Regulation 5.4.R1 recommended by the University Secretary	To make Regulation 5.4.R1 made under Statute 5.4.1 (44/05)
    (3)	Amendment of Regulation 6.1.R7 recommended by the University Secretary	To establish a Centre and disestablish another centre (50/05)
    (4)	Making of Regulation R7.234 recommended by the University Secretary on the advice of the Trusts Manager	To govern the Annemarie Mankiewicz-Zelkin Fellowship Fund. (48/05)
    (5)	Amendment of Regulation 7.1.R2 recommended by Council and the University Secretary on the advice of the Faculty	To add a Chair to Schedule B of the regulation governing academic and general staff ranks and titles (45/05)
    (6)	Amendment of Regulation 10.1.R1 recommended by the Administrative Committee	To amend fees in relation to re-enrolment and late payment (46/05)
    (7)	Amendment of Regulation 17.1.R6 recommended by the Finance Committee	To update the regulation governing purchasing procedures and delegations in relation to financial matters (47/05)

17.2 Council noted an item approved by the Vice-Chancellor:

(1)

Amendment of Regulation 3.16 recommended by the Vice-Chancellor

To amend the requirements for awarding the degree of Doctor of Laws (49/05)

18. Summary of Reports of Matters dealt with by the Vice-Chancellor (Item D.2[a]
    and D.2[b])

    Council received a summary of reports on matters dealt with by the Vice-Chancellor, as set out in Items D.2[a] and D.2[b].

19. Conferring of Degrees – December 2004 and February 2005 [Item D.3 (a)]
    
    Council received the reports for Conferring Ceremonies – December 2004 and February 2005.

20. Report from the Melbourne Theatre Company Board of Management [Item D.5 (a)]
    
    Council received the report for meeting 1/05 of the Melbourne Theatre Company Board of Management held on 25 February 2005.

21. Report from the Melbourne Theatre Company Board of Management [Item D.5 (b)]
    
    Council received the report for meeting 2/05 of the Melbourne Theatre Company Board of Management held on 18 March 2005.
    
    Council adopted the recommendation to appoint the Hon. Justice Alex Chernov to the Melbourne Theatre Company Board of Management from 28 May 2005 to 31 December 2006 in the first instance.

22. The University of Melbourne’s Draft Annual Report 2004 [Item D.5 (c)]
    
    This matter was considered in conjunction with the University’s financial statements for 2004 – minute 13.1 above refers. The meeting then closed.