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Current disputes
from Sentry, August 2020
by NTEU
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As members may know, NTEU has remained busy enforcing Enterprise Agreements around the country.
UTS V ZHOU
In a huge win for academics, NTEU successfully defended an appeal against a finding that an academic member was unfairly dismissed by UTS for failing to get published in A or A* journals.
The Fair Work Commission (FWC) found that she had been unfairly dismissed and ordered her reinstatement. The decision was later upheld on appeal.
DEAKIN CONSULTATION DISPUTE
In May, Deakin announced that it was not going to participate in the NTEU's Jobs Protection Framework, was cutting 400 jobs, and proceeded to consult with staff on 15 separate workplace change proposals.
The Union notified a dispute on the basis that the University was not consulting on the decision to reduce the size of it’s workforce, and only consulting on where those cuts would come from. NTEU successfully applied to the FWC for an interim order stopping Deakin from proceeding while the dispute was resolved. A hearing was held in the FWC on 22 and 23 July, and we are hoping that we get a decision that will force Deakin to consult properly about its proposed changes. Watch this space!
NEWCASTLE ANNUAL LEAVE DISPUTE
With very short notice, the University of Newcastle directed its staff to take five forced days of annual leave over Easter. NTEU notified a dispute, which has been referred to the FWC. The Union believes that this direction was not lawful, and that staff need to have their leave recredited. Negotiations continue in the FWC.
UNIVERSITY OF THE SUNSHINE COAST
In response to COVID-19, USC unilaterally altered a number of members’ workloads, substantially increasing their hours. NTEU has referred the matter to the FWC for resolution.
FIXED-TERM CONTRACT TERMINATION
NTEU is assisting a number of members who have had their fixedterm contracts terminated before their expiry. The ability to do this is restricted to very limited circumstances, none of which are present in these cases.
If you or one of your colleagues is on a fixed-term contract and the University says it is bringing it to an end early, it is probably illegal. Get in touch with your local NTEU Branch for advice and assistance! •
Campbell Smith, National Industrial Officer
