Smart Casuals

SMART CASUALS

NTEU HANDBOOK FOR NTEU HANDBOOK FOR CASUAL CASUAL UNIVERSITY STAFF AND SESSIONAL ACADEMICS

Introduction For many casual academics, employment can be a useful stepping-stone towards an academic career, or a convenient way of earning extra income. On the other hand, casual academics often experience underpayment for work, lack of adequate facilities and little collegial or professional recognition. Job security is also a problem: often casual work is only available during teaching periods, and future work is not guaranteed.

This third edition of Smart Casuals aims to help you find out what you need to know to survive as a casual, and provides practical tips as well as an introduction to the National Tertiary Education Union – your Union.

NTEU is the only union solely concerned with tertiary education and represents almost 26,000 academic and general staff around Australia. NTEU has a record of negotiating good pay and working conditions for all university staff and of successfully representing members. Government, universities and professional societies regard NTEU as a major stakeholder in higher education.

NTEU recognises the high levels of skill and professional integrity casuals bring to our universities, and is committed to ensuring that rights, conditions and pay for casual staff are protected and improved. This handbook is produced as part of an ongoing NTEU campaign on casual employment and is linked to the Union’s broader goal of preserving and improving the integrity and quality of higher education.

Grahame McCulloch, General Secretary, National Tertiary Education Union

8 www.unicasual.com.au

Smart Casuals, NTEU Handbook for Casual and Sessional Academics

© 2007 Third edition. First printed 2001 by the National Tertiary Education Union.

Written by Ken McAlpine, Josh Cullinan, Sarah Roberts in the NTEU National Office.

Design by Paul Clifton.

For additional copies of the booklet contact your local NTEU Branch Office Online and downloadable versions available at www.unicasual.com.au

Contents Being a casual..................................... 2

Intellectual property.........................................15

How is casual employment different from other employment?............................................2

Health and safety..............................................16

Where do my rights come from?......................2

Workers compensation....................................16

Intellectual freedom.........................................16

What is my local Union Branch?.......................3

Equal employment opportunity.......................17

When should I contact the Union?....................3

Harassment and Bullying................................17

What if my supervisor is a union member?....3

Grievances.........................................................17

When You Start Work........................ 4 Union contract or individual contract?..............4 Letter of Appointment........................................5 Getting paid on time...........................................5 Tax........................................................................5

Termination.......................................................17 Looking after your career................................17

A Checklist for Casual Academic Staff.................................. 18

Employee/Salary Number.................................5

What is NTEU?...................................... 19

Once You’re At Work.......................... 6

What’s the problem with casual employment?....................................................19

Pay........................................................................6 1. Lecturing and ‘Higher Marking’....................6 2. Tutoring............................................................6 3. Marking and ‘other academic activity’.........8 Office facilities.....................................................9 Superannuation..................................................9 Leave..................................................................10 Student Evaluation of Teaching.......................15

What is NTEU doing for academic casual employees?.......................................................19 What can the Union do for me?.......................21 How to get involved in NTEU...........................22 How to Join........................................................22

Division Offices................................. 23 Branch offices.................................. 23

Collegiality.........................................................15

The information in this booklet is also available online at

www.unicasual.com.au The information in this handbook applies at all universities, but there may be some minor local variations to these arrangements as a result of Collective Bargaining.

If you are unsure, contact your local NTEU Branch (see pp.23–25)

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Being a casual How is casual employment different from other employment?

A casual employee is one who is engaged and paid by the hour, rather than employed on an ongoing basis or for a set period on a salary.

Casuals are not normally entitled to paid leave, and their employment can be terminated by the employer at common law without notice. On the other hand, casual rates of pay include a loading (normally 2025%) to compensate for the lack of leave entitlements, and casual employees can quit a job without giving notice.

Some casual staff are entitled to some types of leave (see p.10).

Where do my rights come from?

Your rights as an employee are set out in legislation, in your institution’s Collective Agreement, in university policy, and in your letter of appointment. Your university’s Collective Agreement negotiated between the Union and university management is the key place where your rights are set out, and takes precedence over university policy.

If you are employed in casual work at more than one university, you should be aware that the Collective Agreements that cover your working conditions will be slightly different at each one.

The interpretation of all the sources of your rights can be quite complex. NTEU can assist you with any issues you might have.

For reference, you can get a copy of your institution’s Collective Agreement from your local Branch, or it can be found on the NTEU website:

8 www.nteu.org.au/rights/agreements

What Is a Sessional?

‘Sessional’ is a term used in some universities to describe casual academic employees, as casual academics are often employed for ‘sessions’ or semester teaching periods. Some universities also describe similar but different forms of employment as sessional, such as at UTS. You should contact your NTEU Branch if you have any questions.

In this handbook, the terms ‘casual academic’ and ‘sessional’ are used interchangeably.

What is my local Union Branch?

Your institution’s local Branch office is referred to throughout this handbook and is your first port of call for advice or assistance in relation to your job. Your local Branch can provide you with more information about NTEU and how it operates at your institution.

Each Branch has elected representatives including a Branch President and Secretary (who can also be contacted through your internal directory) as well as a website with contact details and local news.

There is an NTEU Branch office at almost every university. Contact details for each Branch can be found on pp.23–25 of this handbook, as well as in your internal directory or online:

8 www.nteu.org.au/bd

When should I contact the Union?

You don’t have to suffer through employment problems. NTEU can help you devise a strategy for dealing with your issues, and assist in making you aware of your rights and options in confidence. NTEU gives members confidential advice, and we will not raise individual cases with management without the permission of the member in question.

You should raise any concerns you have about your work, workplace or conditions with the Union as soon as possible.

What if my supervisor is aN NTEU member?

Your issues will be dealt with confidentially. NTEU will act for you, as the affected employee, regardless of whether your supervisor (who acts for the University) is an NTEU member or not.

When You Start Work Union contract or individual contract?

Under Australian law, all employees have a contract of employment. Sometimes these contracts are clearly set out in writing, and sometimes they are more informal . Until recently, all casual contracts of employment included the good conditions negotiated by the Union in your university’s Collective Agreement.

However, this is now changing with the introduction of the Federal Government’s Higher Education Workplace Relations Requirements (HEWRRs), which require universities to offer all employees an Australian Workplace Agreement (AWA). Most universities are still offering you the choice of an AWA or the union-negotiated Collective Agreement at the university. You will be far better off under the collective contract rather than an AWA. Because of the HEWRRs, you will almost certainly be offered an AWA. You do not have to sign it.

NTEU has negotiated hard to ensure that you are offered a choice between the AWA and the Collective Agreement.

Nonetheless, some employers have started to offer casual work on a ‘no AWA, no job’ basis. If an AWA is offered to you on these terms, contact the Union immediately for advice and assistance. Do not sign the AWA without seeking advice first, as it is almost impossible to return to the conditions under the Collective Agreement once you have signed an AWA. Remember, you do not have to sign the AWA. If you don’t sign it, you will be covered by the employment conditions in the Collective Agreement.

8 www.nteu.org.au/rights/awa/faq

What is an AWA? An AWA is an individual employment agreement. While a university’s Collective Agreement applies to all staff, an AWA only applies to the individual who signs it.

An AWA is the only form of employment contract that can undercut the conditions in the Collective Agreement, and AWAs are often used for this purpose by employers. For example, an AWA could include a lower rate of pay than those in the Collective Agreement. If you sign an AWA, the Collective Agreement will no longer apply to you.

Letter of Appointment You will usually be given a letter of appointment either before or when you start work. At some universities, this is just a form called ‘Casual Contract’ or ‘Record of Casual Appointment’ or something similar. If weeks pass and you still haven’t received one, follow it up with your supervisor. It’s important to have this letter as it indicates what’s in your contract of employment – this will be crucial to know if there is any misunderstanding later on.

Your letter of appointment should stipulate the type of employment and the terms of your engagement in relation to: • The duties required.

• The number of hours required (e.g. 5 tutorials each week for 12 weeks).

• Rates of pay for each type of duty required.

• A statement that any additional duties required during the term will be paid for.

• Other main conditions of employment, such as reporting relationships and details of the Collective Agreement.

Keep your letter of appointment and any other official documents relating to your employment in a safe place.

Getting paid on time It’s a good idea to finalise your employment details as quickly as possible to avoid missing a pay period.

Check with your School/Departmental administrator about frequency of pay periods and whether there are cut-off dates for the lodgment of time sheets.

Normally, institutions are required to pay you within 22 days of the submission of a signed time sheet to the appropriate person. You’ll need to find out who this is and make sure they get your timesheets as soon as possible after completing any work, and certainly by the cut-off date if there is one. If you haven’t been paid within 22 days, contact the Union.

Tax Make sure you provide your tax file number to the person responsible for administering your wages.

Employee/Salary Number Keep a record of your Employee or Salary number so you can quote it to the pay officer if any problems arise.

Once You’re At Work Pay Casual pay rates depend on the type of work being performed: lecturing, tutoring and marking are all paid at different rates. You will need to check the provisions of the collective contract as there are some differences between institutions.

The three main rates of pay for casual academic work are listed below, from highest to lowest.

1. Lecturing and ‘Higher Marking’ You should be paid at this rate if you give any lectures or if you are required to mark a PhD or Masters research thesis. This rate is linked to what would be the hourly rate of a Level B Lecturer (Step 2), plus a loading of between 23% to 25% depending on your institution.

While casual academics are technically paid by the hour, the lecturing pay rate assumes a number of hours of additional work for each hour of delivery, and includes these additional hours in the overall rate.

In other words, lecturing rates of pay are usually calculated something like this: Lecture type

Pay calculation

Total pay per lecture

Basic lecture

1 hour of delivery / 2 hours associated work

3 hours pay

Developed lecture

1 hour of delivery / 3 hours associated work

4 hours pay

Specialised lecture

1 hour of delivery / 4 hours associated work

5 hours pay

Repeat lecture

1 hour of delivery / 1 hour associated work

2 hours pay

2. Tutoring The tutoring rate is linked to what would be the hourly rate of a Level A academic (Step 2, unless you have a PhD, in which case you should be entitled to Step 6), plus a loading of between 23% to 25% depending on your institution.

As with lecturing, the tutorial pay rate assumes a number of hours of additional work for each hour of delivery. Associated work included in the pay rate is normally intended to cover preparation and ‘reasonably contemporaneous’ student consultation and marking, and is usually calculated something like this:

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Tutorial type

Pay calculation

Total pay per tutorial

Tutorial

1 hour of delivery/2 hours associated work

3 hours pay

Repeat tutorial

1 hour of delivery/1 hour associated work

2 hours pay

What is a lecture and what is a tutorial ?

This will usually be determined by how the teaching session is advertised to students. Some Collective Agreements contain different definitions, but as a general rule the primary form of delivery is a lecture and the follow up teaching is a tutorial.

A demonstration may involve support in how to use equipment but does not involve formal teaching or preparation by the academic.

The incorrect calculation of rates of pay for tutoring, costs academic casuals millions of dollars each year. NTEU recovers many thousands of dollars in underpayment for casual academics each year, with the wrong rate being paid or hours of work not being recognised.

NTEU members consistently report that two hours per tutorial to complete all the required preparation, student consultation and marking for a tutorial is a dramatic underestimation, especially due to large class sizes and the responsibility of responding to student emails.

As a result many academic casuals do extra preparation work, marking and student consultation well beyond the allocated two hours per tutorial, for no extra pay. Of course, NTEU discourages academic casuals from performing unpaid work in this way - but we understand that this is not always possible.

If you are in this position, make sure you note down the extra hours worked and talk to the Union about options. You may be able to make a claim for payment for the additional hours. And through getting involved in your Union, you can work together with other sessionals facing similar problems.

For more information about how NTEU is working to fix this problem, turn to What is NTEU doing for academic casual employees on p.19.

What does ‘reasonably contemporaneous’ marking mean?

If the marking you are being asked to do isn’t ‘reasonably contemporaneous’ with the tutorials you’ve been giving (i.e. at roughly the same time), you are normally entitled to receive additional pay for it.

For example, work marked throughout semester such as essays, tests, reports and the like would be reasonably contemporaneous with tutorials, and therefore intended to be included in the two hours of paid work associated with each tutorial (see table, p.6). On the other hand, if you are asked to mark a swag of end-of-year exams, you should make sure you receive additional pay at the marking rate.

It may also be that the marking time required is well in excess of the assumed time in your tutorial pay – the Union has successfully negotiated further pay in some cases.

The A-to-E of Academic Staff

Academic staff are classified into 5 pay bands or ‘Levels.’

In general, casual academics are at Level A, Lecturers are at Level B, Senior Lecturers Level C, Associate Professors at Level D and Professors at Level E. There are steps, or pay increases, within each level that the staff member progresses through on an annual basis subject to acquiring new skills.

Student consultation Similarly, the allocation for student consultation does not extend to consultation time that is not reasonably associated with the class.

For casual musical accompanists, the rule of thumb is that you should be paid an extra hour of preparation for each hour of accompanying required.

For clinical nurse educators, you should be paid between ½ an hour and an hour of preparation for each hour of delivery.

3. Marking and ‘other academic activity’ The marking rate is also linked to what would be the hourly rate of a Level A academic (Step 2, unless you have a PhD, in which case you should be entitled to Step 6), plus a loading of between 23% to 25% depending on your institution.

The rate for all other work or ‘other academic activity’ is also usually paid at the base marking rate.

Sitting in on lectures, marking exams or papers for other tutors, attending demonstrators’ meetings and Departmental meetings, workshops, student excursions and additional student consultation are all activities you should be paid for separately at this rate.

It’s worthwhile to check you are being paid the correct rate by reviewing your institution’s Collective Agreement. As well as being listed in your letter of appointment, casual academic rates of pay will be set out there, usually at the end of the document.

Your institution’s Collective Agreement can be found on the NTEU website:

8 www.nteu.org.au/rights/agreements h

SMART HINT

Keeping a record Keep a record of any hours you work in addition to the hours allocated, and talk to the Union about options.

You may be able to make a claim for payment for the additional hours.

Make sure your duties are clear If you are unsure about any specific duties or you are not clear what the expectations are, seek a meeting with your supervisor for clarification. Ask that any clarification be put in writing. If your supervisor does not do so, write a letter to your supervisor or Head of Department setting out your understanding of the meeting and the University’s expectation of your work and ask that the supervisor correct any misunderstanding or misstatement on your part.

An example might be that it is unclear whether you are expected to attend lectures and whether you would be paid additionally for doing so. In this case, it would be worth seeking clarification in writing.

Try to get these kinds of issues clarified as soon as possible after commencing work.

Office facilities

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Check your Collective Agreement and/or local custom and practice to see what office facilities casuals should be provided with.

Working from home

Ideally, you should have access to equipped office space – networked computer, phone, email, access to photocopying machines, a mailbox, and library facilities – in order to conduct your assigned duties and to participate in the collegiate community of the School or Department.

SMART HINT

Remember that if you work from home, the costs of running a home office and depreciation on your computer is tax deductible.

If you are told that you have facilities make sure that you get them. If you have concerns about the level of facilities available to you in your work, contact NTEU for advice and assistance.

Superannuation Under federal legislation, the University has to contribute to a superannuation fund on your behalf.

The dominant superannuation fund for staff in higher education is UniSuper. If you are offered a choice of superannuation funds when you start work, NTEU strongly recommends UniSuper to staff on the basis of its good performance and low administration costs.

8 www.unisuper.com.au You should be provided with the necessary application forms for UniSuper when you start work. If not, ask your institution’s Human Resources department.

How much does the University contribute?

Provided you earn $450 in a month, the University must contribute 9% on top of your pay. However, even if you don’t earn $450 per month, if you earn at least $2202 (2007 figure, indexed annually) in a six-month period (January to June, July to December) you are entitled to a 3% contribution to UniSuper.

Where the University is not sure about the correct contribution because of your work patterns, it is allowed to pay your superannuation twice a year.

What happens to the money?

Employer contributions are ‘preserved’ (not accessible) until age 55-60, and earn significant interest during this time.

If you are in UniSuper, you will only have one account – even if you change university or work at more than one university.

If you leave the tertiary education sector the money can be rolled into another superannuation fund, or if your new employer offers a choice of funds, you can request new contributions be made directly to your account with UniSuper.

Are there other factors that I need to consider?

As a casual employee you are entitled to take out one ‘unit’ of death and disablement insurance upon joining UniSuper (one unit is equivalent to a $7000 - $125,000 payout, depending on your age). This can be a very cheap form of life insurance.

You can take out more units as long as you are under 60 and regular employer contributions are being made to your UniSuper account. If you apply for a second unit of cover within 90 days of becoming eligible for the first unit, you will not be required to provide health evidence.

All universities have superannuation officers who can advise you about your superannuation options, but if you think you’re missing out contact NTEU.

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SMART HINT

Financial advice You should consider seeking financial advice before making any decision about your superannuation arrangements. The ACTU has a list of endorsed financial advisors who can help – the first consultation is free for union members. Contact your local NTEU Branch or the ACTU for details:

8 www.actu.asn.au

Leave As the casual pay rate usually includes a loading in lieu of paid leave, you do not generally have a legal entitlement to paid leave. However, hours missed due to illness may, with your Department’s permission, be made up at another convenient time.

Parental Leave Under federal legislation, if you have been employed on a regular and systematic basis for at least 12 months, and have a reasonable expectation that this will continue, you will be entitled to the following unpaid parental leave: • If you become pregnant, 52 weeks maternity leave.

• If your spouse becomes pregnant, 1 week paternity leave, or 52 weeks paternity leave if you are to be the primary caregiver.

In addition, at some universities NTEU has successfully negotiated casual entitlement to paid parental leave and partner leave if you have a same-sex partner. Check with your local Branch to see if you are eligible.

Long Service Leave for long-serving casuals Casual university employees are not normally entitled to paid long service leave, although if you have had regular casual employment over more than 7 years (5 years if you are employed in NSW; 10 years if you are employed in WA), you may be eligible depending on the wording of your Collective Agreement. In some cases the Union can negotiate a fairer deal: if you think you might be eligible, contact NTEU for advice.

In relation to long service leave, the important thing to remember is that if you gain a fixed term or ongoing position, any regular casual employment prior to that appointment should be counted as service for accruing long service leave in your new job.

Make sure you get your casual service counted when you commence in your new position.

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The reverse of this page contains an NTEU Casual membership form.

Please return completed form to your local NTEU Branch Office.

Branch and Division contact details are listed on pp.23–25 of this booklet.

Alternatively, you can return the form to the NTEU National Office, PO Box 1323, South Melbourne VIC 3205.

Your local Branch can also provide you with other information about the Union, and additional copies of this booklet if you would like to pass them on to your colleagues.

If you are already a member of the NTEU, please pass this form on to a work colleague.

TELL US YOUR DETAILS

(

Work Phone

)

)

/

/

Work Fax

DETERMINE YOUR FEE AMOUNT

 Yes

 Please use my home address for mailing

Postcode

 Male  Female

CHOOSE A PAYMENT OPTION

5

RETURN FORM

Specify average hours per week

 Sessional academic

Date

 General Staff casual

Step/Increment Month next increment due

Mail/Bldg Code

You may resign by written notice to the Division or Branch Secretary.

Where you cease to be eligible to become a member, resignation shall take effect on the date the notice is received or on the day specified in your notice, whichever is later. In any other case, you must give at least two

1 Membership Declaration:

Please Note: Casual membership is only available to those employed on an hourly basis. Only staff classified as casual employees can join the Union using this form. Other staff should contact their local NTEU Branch for the appropriate form, or download one from www.nteu.org.au/join.

Mode

Staff/Payroll No. (if known)

Annual Salary (equiv. full time)

I hereby apply for membership of NTEU1, any Branch and any associated body2 established at my workplace, and I hereby appoint NTEU as my Bargaining Agent.3

Signature

4

Classification Level (eg LectB, HEW4)

Position

Dept/School

Faculty

Campus

Employer

Institution

Membership Declaration & Bargaining Agent Authority

Were you previously an NTEU member?  Yes At which Institution?

2

3

This information is needed for a number of areas of NTEU’s work and will be treated confidentially in accordance with our Privacy Statement.4

SIGN

Sex

Are you an Australian Aboriginal or Torres Strait Islander person?

Date of Birth

Email

Mobile Phone

(

Home Phone

Home Address

Surname

2

FOR CASUAL/SESSIONAL STAFF ONLY. Full Time and Part Time, Continuing/Permanent or Fixed Term Contract staff should fill out a separate membership form.

Personal & Employment Details

Given Names

Title

1

How to fill out this form: 1

ABN: 38 579 396 344

NTEU CASUAL MEMBERSHIP FoRM

C

Determine your fee amount

Membership no.

Office use only:

 $77.00  $110.00

 $38.50

 $55.00

$10,001 – $20,000

Over $20,000

Please debit my:

 Master Card

Date

Description of goods/services: NTEU Membership Dues

4 Privacy Statement: Information provided by members is only used in accordance with NTEU Privacy Policy, and to conduct the principal activities of the Union as described in the Policy (available on request). The information collected on this form is treated as confidential. Information requested for payment of membership dues is provided only to the relevant financial institutions. In respect of commercial or marketing activities, individual member information is only provided to third parties with the consent of a member, or to verify union membership where the member has approached that third party. More detailed information is collected from members in relation to individual cases.

Signature

For the amount of: $

Card Expiry Date __ __ / __ __

I hereby authorise the Merchant to debit my Card account with the amount and at intervals specified above and in the event of any change in the charges for these goods/ services to alter the amount from the appropriate date in accordance with such change. This authority shall stand, in respect of the above specified Card and in respect of any Card issued to me in renewal or replacement thereof, until I notify the Merchant in writing of its cancellation.

 Visa

 Please accept my cheque/money order for the amount indicated above.

Card No. __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

Credit Card Payment

OR

Cheque Payment

I wish to join NTEU as a Casual Staff Member and have indicated the appropriate fee level above.

Choose a payment option

 $55.00

 $27.50

$10,000 and under

4

Annual fee (incl GST)

6 month fee (incl GST)

Estimated salary range

NTEU casual membership rates, set out below, are based on estimated annual earnings.

Please determine your estimated salary range and fee amount, and tick the appropriate box:

3

If you do NOT wish to appoint NTEU as your Bargaining Agent, tick this box: 

5

C www.nteu.org.au

 (03) 9254 1915

NTEU National Office, PO Box 1323, South Melbourne VIC 3205

Please Please return mail this viaform internal to: mail to:

(03) 9254 1910 V nteunat@nteu.org.au

NTEU National Office, PO Box 1323, South Melbourne VIC 3205

I also appoint NTEU as my agent in relation to any industrial matter concerning me, and in relation to the making, approval, variation or termination of any collective or other agreement made by some or all employees at the above institution under the Workplace Relations Act 1996 or successor Act as varied from time to time. These authorities endure unless and until revoked by me in writing or until my employment with the above institution ceases.

I appoint NTEU as my bargaining agent for the purpose of the making, approval, variation or termination of any Australian Workplace Agreement offered to me by the above institution. I further request that any offer of an AWA and any other correspondence regarding these matters be directed to Grahame McCulloch, NTEU General Secretary, PO Box 1323, South Melbourne VIC 3205.

3 Bargaining Agent Authority:

NTEU (NSW); James Cook University Staff Association (Union of Employees) at James Cook University; University of Queensland Academic Staff Association (Union of Employees) at University of Queensland; Murdoch University Academic Staff Association at Murdoch University; Union of Australian College Academics (WA Branch) Industrial Union of Workers at Edith Cowan University & Curtin University; Curtin University Staff Association (Inc.) at Curtin University; Academic Staff Association of Edith Cowan University (Inc.) at Edith Cowan University.

2 Associated Bodies:

weeks notice. Members are required to pay dues and levies as set by the Union from time to time in accordance with NTEU rules. Further information on financial obligations, including a copy of the rules, is available from your Branch.

The reverse of this page contains an NTEU Casual membership form.

Please return completed form to your local NTEU Branch Office.

Branch and Division contact details are listed on pp.23–25 of this booklet.

Alternatively, you can return the form to the NTEU National Office, PO Box 1323, South Melbourne VIC 3205.

Your local Branch can also provide you with other information about the Union, and additional copies of this booklet if you would like to pass them on to your colleagues.

If you are already a member of the NTEU, please pass this form on to a work colleague.

Student Evaluation of Teaching Most teaching in universities is now subject to student teaching evaluation: your students will likely be asked to evaluate your teaching at the end of semester.

Make sure you keep copies of all your students’ teaching evaluation questionnaires, just in case any issues arise later.

Collegiality Ideally, the experience of working as a casual academic should include an opportunity to fully participate in the academic life of the Department. Unfortunately, while some Schools and Departments are inclusive of casual academics and welcome their contribution at School/Departmental meetings, many exclude casual academics, often inadvertently. Treating casual academics as professional colleagues can go a long way to alleviating the stress casuals work under, especially given inadequate support facilities.

A good way to organise participation in Departmental meetings is to group together with other academic casual staff in your School or Department. Remember that if you are required to attend these meetings, you are entitled to be paid for this time.

Intellectual property Casual academics generally have the same rights as permanent academic staff to intellectual property created as part of their employment.

The general rule of thumb is that intellectual property in works created in the course of your employment (such as new course materials or a new course) belongs to the University. However this position is often modified by university policy and/or the Collective Agreement: for example, if you have developed materials with market appeal, the University might grant you a license to sell that work in certain circumstances.

Remember that if you are not paid to do research, the University will have no claim over any intellectual property relating to your research activities.

Under federal law, you also have moral rights in relation to works created in the course of your employment. Your moral rights include: • Attribution of authorship.

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sMART HINT

DID YOU KNOW? Casual academic staff have the same rights as permanent academic staff in relation to intellectual property and intellectual freedom. Contact your NTEU Branch for more information.

• The right to not have authorship of a work falsely attributed.

• The right to not have your work altered without your permission.

If an intellectual property issue arises in relation to your employment, make sure you get individual advice from your local NTEU Branch.

15

Intellectual freedom Casual academics should have the same rights and responsibilities with respect to intellectual freedom as permanent academic staff. NTEU has campaigned hard to ensure that Collective Agreements enshrine intellectual freedom – often against the opposition of university managements. However, most university Collective Agreements protect the rights of academic staff to engage in critical inquiry, intellectual discourse and public debate. Check your institution’s Collective Agreement for details.

Health and safety Under state legislation, your employer is obliged to ensure your safety at all times when on campus or engaged in activities related to your employment with the University. The University must provide: • Safe and well-lit corridors and walkways to prevent assaults occurring.

• Personal protective equipment, proper ventilation and other necessary precautions against dangers associated with the use of hazardous substances.

• Proper ventilation of class rooms to safeguard against personal discomfort and airborne disease.

• Safe equipment, including ergonomically safe chairs, desks etc. Many institutions have after-hours security escorts to ensure night security for staff walking to cars or transport.

All workplaces should have Occupational Health and Safety representatives elected by employees or appointed by the Union who can raise any issues of concern about safety in the workplace. NTEU can put you in touch with your local representative.

Workers’ compensation Casual and contract staff are entitled to claim workers’ compensation if injured in the course of their work. This includes injuries arising from work, injuries sustained during working time (whether on campus or whilst working elsewhere) and, in some states, injuries sustained travelling between home, the University, other places of work and other educational institutions. Injuries for which claims may be made include: • Physical injury – back strains and muscle damage to hands and wrists sustained in the course of preparing or delivering classes.

• Ill health – poisoning or the contraction of disease in class or during clinical instruction.

• Emotional stress injury – stress associated with being overworked or subject to harassment by other staff or students.

Any work-related illness or injury should be reported as soon as possible to your employer. In some states there are defined notice periods within which any injury must be reported if a workers’ compensation claim is to be accepted. Check with your local NTEU Branch for the requirements in your state or territory.

16

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SMART HINT

REPORT IT RIGHT AWAY Report any work-related illness or injury to your supervisor as soon as possible, and make sure you keep a record. Your local NTEU Branch can provide you with individual advice and assistance with making a claim for workers’ compensation.

Equal employment opportunity Federal and state laws designed to protect employees from discriminatory employment practices cover universities. These laws generally protect people from discrimination on the basis of sex, marital status, race, nationality, ethnic origin, age, sexual preference and disability. If you are denied employment or employment entitlements or are terminated because of a characteristic associated with one of these protected categories, you have a right to seek compensation. You should contact the Union immediately.

Harassment and Bullying Unfortunately, harassment and bullying can sometimes happen in the workplace. Sexual harassment and discrimination on the basis of race, sex, sexual preference, disability, age and a range of other attributes is illegal. You have the right to lodge a complaint should you experience sexual harassment or discrimination at work.

Bullying is recognised as behaviour aimed to demean, humiliate or intimidate. Your institution has policy and can provide advice relating to incidents of bullying in the workplace.

If you experience any form of harassment or discrimination, make sure you contact the Union for advice and assistance.

Grievances All universities have internal grievance procedures designed to resolve work disputes.

If you feel you have been treated unfairly at work in any way, contact NTEU for confidential advice before lodging a grievance, as the procedures can be complex and are often not properly applied.

Termination If you have been employed on a regular and systematic basis for twelve months or more (e.g. teaching whole semesters, even if there are breaks such as mid-year or long vacations) and you have a reasonable expectation of continued casual employment, you may have grounds for claiming unfair dismissal if you suddenly lose your job or are not given more work. If you are dismissed before the semester is over, you may also be entitled to pay for the balance of the semester. Check with your local NTEU Branch.

NTEU Branches and Industrial Officers will also be able to pursue less formal means within the institution to try to save your job or find you another.

Looking after your career Many permanent academic staff started their academic careers as sessional staff. The teaching experience gained from casual tutoring and demonstrating can be invaluable when applying for permanent academic positions.

Make sure you keep an accurate record of your teaching experience, including tutorial/demonstration outlines, copies of any course materials you have developed, student evaluations etc. It’s also a good idea to get a reference from your supervisor at the end of the semester.

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A Checklist for Casual Academic Staff q Keep your letter of appointment and any other official documents relating to your employment in a safe place.

q Finalise your employment details as quickly as possible to avoid missing a pay period. q Check with your School/Departmental administrator about frequency of pay periods and whether there are cut-off dates for the lodgment of time sheets.

q Provide your tax file number to the person responsible for administering your pay. q Keep a record of your Employee or Salary number so you can quote it to the pay officer if any problems arise.

q Consider getting advice from your institution’s superannuation officer or financial advice before making any decisions about superannuation (www.actu.asn.au).

q Download a copy of your institution’s Collective Agreement from the NTEU website for reference (www.nteu.org.au/rights/agreements).

q Make sure you get any facilities you are promised (desk, computer, photocopying, office space). q Clarify anything you are unsure of in relation to your duties with your supervisor as soon as possible, preferably in writing.

q Note down any extra hours worked over and above your allocated paid hours. q Keep copies of all your students’ teaching evaluation questionnaires. q Report any work-related illness or injury to your supervisor as soon as possible. q Keep copies of any course materials or other work you develop as a casual academic. q Get a reference from your supervisor at the end of the semester. q Make sure any previous regular casual employment is counted as service for long service leave if you gain a fixed term or ongoing position.

q Contact the Union if any issues arise as soon as possible after they occur.

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What is NTEU? The National Tertiary Education Union (NTEU) is the only union working exclusively in the tertiary education sector and the only union covering academic staff. The Union has a democratic and effective structure, and gives university staff an authoritative and expert voice in current debates about Australian tertiary education.

NTEU is active around a broad range of professional and industrial issues of concern to tertiary education workers, and has a team of specialist research, industrial, training, recruitment and campaign staff maintaining high-level expertise and providing assistance direct to the membership.

Members can also save money by accessing a wide range of services and benefits:

8 www.nteu.org.au/benefits

What’s the problem with casual employment?

While casual employment sometimes provides employees with important flexibility, casuals usually miss out on a range of other entitlements that other staff receive, such as sick leave, paid parental leave and above-guarantee superannuation (permanent academic staff in universities receive 17% superannuation, whereas casuals only receive 9%).

In addition, the minimal job security that casual employment brings with it means that casual employees usually cannot get access to home loans or other finance.

For an analysis of casual employment in higher education, see two major research reports commissioned

by NTEU:

8 www.unicasual.com.au/papers

What is NTEU doing for academic casual employees?

Since the 1990s, higher education has gone through a period of turmoil due to cuts to Commonwealth funding, changes to industrial relations legislation and a range of other national and international pressures. One of these changes has been rapid growth in casual employment.

A key priority of the Union is to improve the lot of casual employees, both by improving conditions directly and by ensuring universities provide opportunities for casuals to attain more secure jobs. In 2007-8, NTEU is running a national campaign on casual employment with these two objectives.

Improving conditions In 2003, through a claim lodged in the Industrial Relations Commission regarding casual employment, NTEU achieved an increase in the loading on the hourly casual rate of pay from 20% to 23%, payment within 22 days of lodging a claim and additional pay for required attendance at lectures. NTEU has successfully negotiated implementation of this win in all university Collective Agreements, achieving a 25% casual loading at some institutions.

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However, while these were important improvements, NTEU knows many casual academics still work unpaid hours, have difficulties accessing proper facilities at work and do not feel integrated into the collegial life of their Schools and Departments.

In 2007-8, NTEU’s campaign to improve casual academic conditions will include: • Developing new claims in conjunction with casual members for improvements to Collective Agreements. Approaches will include claims for improved facilities and resources, improved superannuation, an increased ‘minimum wage’ for casual academics, an increase in the number of deemed paid hours per teaching hour, and a new allowance/loading for maintaining professional currency in a discipline.

• Working to ensure NTEU members who employ academic casuals engage in fair employment practices.

• Aggressively enforcing existing provisions and entitlements through legal and industrial avenues.

• Surveying academic casuals and conducting facilities and resources audits in targeted universities.

• Monitoring the level of casual employment at each university and nationally.

Opportunities for more secure employment For many casual academic staff, casual work is seen as a ‘foot in the door’ to more permanent academic employment. However, NTEU’s research has shown that casual academic employment is sometimes like a treadmill: sessionals are often re-engaged to perform casual work year after year rather than appointed to entry-level fixed term or continuing academic positions.

In 2007, NTEU will be holding state-based conferences for casuals to discuss options for how to improve academic career paths for casuals. There will also be a national conference of casual NTEU members to refine ideas and further develop claims for inclusion in Collective Agreements.

Current proposals include processes for conversion of long term academic casuals to fixed term or permanent employment, designated fixed term teaching and research positions for long-term casual employees and the expansion of style of ‘sessional’ employment for casual employees adopted at the University of Technology, Sydney, where casual teaching staff have access to leave, incremental progression, improved superannuation and retrenchment benefits.

the rise of university casualisation Between 1995 and 2005, overall university employment increased by 17%, whereas casual employment increased by 54%.

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What can the Union do for me?

Industrial advice NTEU employs industrial staff in local Branch and State (Division) offices, and in the National Office.

They provide specialist advice and support to members on all matters related to the conditions of their employment, including appointments, promotion, classifications, contracts, unfair dismissal, disciplinary procedures, intellectual property, consultancies, research funding and a myriad of other issues.

8 www.nteu.org.au/rights

Lobbying Government NTEU lobbies governments and all political parties on issues related to tertiary education funding, policy and employment. NTEU makes submissions to parliamentary inquiries, and liaises with employers, students and professional associations on issues affecting the work of university staff.

8 www.nteu.org.au/policy/submissions

Collective Bargaining NTEU represents university staff in collective bargaining at every university. NTEU provides the resources and organisational strength to enhance our members’ bargaining power – but remember, our capacity to bargain effectively is directly linked to our strength on the ground. If you want to have a say in negotiations affecting your pay and conditions, join the Union!

8 www.nteu.org.au/campaigns/eb

Communication with Members The NTEU national website – www.nteu.org.au - provides up-to-date information on all areas of the Union’s work. NTEU provides a wide range of services to members, including regular information through newsletters and journals, discounts on goods and services, seminars for members on professional issues, union training and access to ACTU financial services.

NTEU members also have access to Union Shopper, a shopping service providing discounts and savings on a wide range of products and services. A casual using Union Shopper to purchase goods just two or three times would be likely to save the equivalent of an entire year’s membership dues.

Members can get a copy of the Membership Benefits Guide by contacting your Branch or Division office or by downloading one online.

8 www.nteu.org.au/join/benefits NTEU’s national magazine, the Advocate, is sent to all members, including casuals, three times a year.

The women’s magazine, Frontline, is sent to all women members once a year. The Australian Universities Review (AUR), NTEU’s refereed academic journal, is published once a year and is sent to all members who request it.

8 www.nteu.org.au/publications

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How to get involved in NTEU The Union organises a number of conferences, meetings and events for members to participate in. Each Branch has an elected committee that meets regularly, and many Branches create working parties to deal with particular issues of local concern to staff.

At a state level, there are Division working groups and networks. Contact the Division office in your state to find out about local activities.

At a national level, there are Education and Research Committees, an annual Women’s Conference and an Indigenous members’ forum.

8 www.nteu.org.au/about/organisation/committees If you are interested in any of these events your Branch can give you information about getting involved.

Elections for Branch committee and other positions are held every two years, and casual staff who are Union members are eligible to both run and vote in these elections.

8 www.nteu.org.au/getinvolved

How to Join You can join the Union by contacting your Branch President or a member of your institution’s Branch Committee, or you can fill out the form in the centre pages of this booklet and send it via internal mail to your local NTEU Branch office (addresses listed on pp.23–25). Additional forms can be obtained from your local Branch office, or online:

8 www.nteu.org.au/join/forms/casual You can also join online

8 www.nteu.org.au/join/joinonline

Special casual membership rates (as at February 2007) For casual staff NTEU membership is set at three levels, based on your estimated earnings. The low casual rates were established in recognition of the unpredictability of casual pay rates and work. All values include GST. Estimated salary range

6 month fee

Annual fee

$10,000 and under

$27.50

$55.00

$10,001 – $20,000

$38.50

$77.00

Over $20,000

$55.00

$110.00

NTEU membership is fully tax deductible, so the real cost after tax is even less!

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Division Offices ACT Division * G Block, Old Admin Area, ANU ) (02) 6125 2043 6 (02) 6125 8137 8 ACTdiv@nteu.org.au NT Division * PO Box U371, CDU NT 0815 ) (08) 8946 7231 6 (08) 8927 9410 8 nteunt@iinet.net.au NSW Division * PO Box 906,Darlinghurst NSW 1300 ) (02) 9212 5433 6 (02) 9212 4090 8 nteunsw@nsw.nteu.org.au Queensland Division * 27 Cordelia St, Sth Brisbane QLD 4101 ) (07) 3846 2355 6 (07) 3846 5977 8 b.williams@qld.nteu.org.au

South AustraliaN Division * NTEU Office, Humanities Bldg, Flinders University ) (08) 8201 2656 6 (08) 8201 3807 8 nteu@flinders.edu.au TasmaniaN Division * 1/6 Grace St, Sandy Bay, TAS 7005 ) (03) 6226 7575 6 (03) 6226 2172 8 rbinnie@nteu.org.au VictoriaN Division * PO Box 1324, Sth Melbourne VIC 3205 ) (03) 9254 1930 6 (03) 9254 1935 8 office@vic.nteu.org.au Western AustraliAN Division * PO Box 3114, Broadway LPO, Nedlands WA 6009 ) 0417 930 113 6 (08) 9354 1629 8 lbloom@nteu.org.au

Branch offices UNIVERSITY OF ADELAIDE * Room 312, Level 3, Hughes Bldg ) (08) 8303 5155 8 lisa.nteu@internode.on.net AUSTRALIAN CATHOLIC UNIVERSITY * c/- Glenis Davey, Faculty of Education, St Patricks Campus, ACU ) (03) 9953 3274 8 g.davey@patrick.acu.edu.au AUSTRALIAN MARITIME COLLEGE * 1/6 Grace St, Sandy Bay Campus ) (03) 6226 7575 8 nteu.tas@utas.edu.au AUSTRALIAN NATIONAL UNIVERSITY G Block, Old Admin Area, ANU ) (02) 6125 2043 8 ACTdiv@nteu.org.au

UNIVERSITY OF BALLARAT * NTEU Office, Albert Coates Complex, Mt Helen Campus ) (03) 5327 9163 8 ballarat@vic.nteu.org.au BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION (BIITE) * NTEU Office, Post Office, Batchelor NT 4229 ) (08) 8951 8344 8 Catherine.stokes@batchelor.edu.au BOND UNIVERSITY * c/- Queensland Division Office ) (07) 3846 2355 8 b.williams@qld.nteu.org.au

continued overpage

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UNIVERSITY OF CANBERRA * G Block, Old Admin Area, ANU ) (02) 6125 2043 8 ACTdiv@nteu.org.au 8 Vivienne.Bryant@anu.edu.au CENTRAL QUEENSLAND UNIVERSITY * Room G06, Bldg 65, CQU Commercial Centre, Rockhampton Campus ) (07) 4930 9282 8 nteu-cqu@qld.nteu.org.au

LA TROBE UNIVERSITY * NTEU Office, Shop 10C, The Agora, Bundoora Campus ) (03) 9479 2124 8 nteu@latrobe.edu.au

CHARLES DARWIN UNIVERSITY * PO Box U371, CDU, NT 0815 ) (08) 8946 7231 8 nteunt@iinet.net.au

LA TROBE UNIVERSITY (bendigo sub-branch) * NTEU Office, Bendigo Campus ) (03) 5444 7386 8 bendigonteu@latrobe.edu.au

CHARLES STURT UNIVERSITY * c/- Wagga & District Trades & Labour Council, 50-52 Fitzmaurice St, Wagga Wagga NSW ) 0401 044 323 8 csu@nteu.nsw.org.au

MACQUARIE UNIVERSITY * NTEU Office, c/- Law School, W3A 405, Macquarie University ) (02) 9850 7643 8 nteu@mq.edu.au

CURTIN UNIVERSITY * Room 184, Bldg 106A, Curtin University ) (08) 9266 7145 8 cusa@curtin.edu.au

UNIVERSITY OF MELBOURNE * NTEU Office, Old Metallurgy Bldg, Parkville Campus ) (03) 8344 6828 / 8344 3433 8 v.mimis@unimelb.edu.au

DEAKIN UNIVERSITY * Rm H304, Burwood Campus ) (03) 9244 6874 8 nteu@deakin.edu.au EDITH COWAN UNIVERSITY * Room 435, Bldg 8, Joondalup Campus ) (08) 6304 5969 8 nteu@ecu.edu.au FLINDERS UNIVERSITY * NTEU Office, Humanities Bldg, Flinders Plaza, Flinders University ) (08) 8201 2656 8 nteu@flinders.edu.au GRIFFITH UNIVERSITY * Room 1.05, Sewell Bldg N12, Nathan Campus ) (07) 3875 7635 8 nteu-gu@qld.nteu.org.au

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JAMES COOK UNIVERSITY * DA006-010, Douglas Campus ) (07) 4781 5881 8 nteu-jcu@qld.nteu.org.au

MONASH UNIVERSITY * Room G02A, Bldg 19, Clayton Campus ) (03) 9905 4110 8 nteu@monash.edu.au MURDOCH UNIVERSITY * Transportable 1, Room 8, Murdoch University ) (08) 9360 2922 8 nteu@murdoch.edu.au UNIVERSITY OF NEW ENGLAND * NTEU Office, Black Rose Bldg, UNE ) (02) 6773 3175 8 nteuune@une.edu.au UNIVERSITY OF NEW SOUTH WALES * Room G29, Samuels Bldg, Kensington Campus ) (02) 9385 2479 8 nteu@unsw.edu.au

UNSW (ADFA SUB-BRANCH) * c/- Graham Freeman, School of Info Tech & Electrical Eng, University College Campus ) (02) 6268 8186 8 g.freeman@adfa.edu.au UNIVERSITY OF NEWCASTLE * Room HA1A, Hunter Bldg, Callaghan Campus ) (02) 4921 6870 8 nteunewcastle@ozemail.com.au QUEENSLAND UNIVERSITY OF TECHNOLOGY * Room E111, Bldg E, QUT, 130 Victoria Park Rd, Kelvin Grove QLD 4059 ) (07) 3138 5452 8 nteu-qut@qld.nteu.org.au UNIVERSITY OF QUEENSLAND * Room 621, Michie Bldg, St Lucia Campus ) (07) 3365 2538 8 nteu-uq@qld.nteu.org.au RMIT UNIVERSITY * Bldg 93, City Campus, 22 Cardigan St, Melbourne VIC 3000 ) (03) 9925 8057 8 nteu@rmit.edu.au UNIVERSITY OF SOUTH AUSTRALIA * Level 4, 23 Peel St, Adelaide SA 5000 ) (08) 82311472 8 admin@unisanteu.org.au SOUTHERN CROSS UNIVERSITY * Facilities Office, W Block, Lismore Campus ) (02) 6620 3297 8 lroberts@scu.edu.au 8 nteuscu@nteu.nsw.org.au UNIVERSITY OF SOUTHERN QUEENSLAND * Room R141, Toowoomba Campus ) (07) 4631 2616 8 nteu-usq@qld.nteu.org.au UNIVERSITY OF THE SUNSHINE COAST * c/- Elizabeth Eddy, Faculty of Arts & Social Sciences, USC ) (07) 5430 1269 8 eeddy@usc.edu.au

SWINBURNE UNIVERSITY OF TECHNOLOGY * Mail 35, Hawthorn Campus ) (03) 9214 8162 8 beo_nteusw@vtown.com.au UNIVERSITY OF SYDNEY * Room 214, Transient Bldg, F12, Darlington Campus ) (02) 9351 2827 8 nteu@nteu.usyd.edu.au UNIVERSITY OF TASMANIA * 1/6 Grace St, Sandy Bay Campus ) (03) 6226 7575 8 rbinnie@nteu.org.au UNIVERSITY OF TECHNOLOGY, SYDNEY * NTEU Office, Level 3, 645 Harris St, Ultimo NSW 2007 ) (02) 9514 2760 8 nteu@uts.edu.au VICTORIA UNIVERSITY * NTEU Office, Footscray Park Campus ) (03) 9919 4076 8 nteu@vu.edu.au UNIVERSITY OF WESTERN AUSTRALIA * W2, Winthrop Tower, M005, UWA ) (08) 6488 3013 8 nteu@cyllene.uwa.edu.au UNIVERSITY OF WESTERN SYDNEY * Room 10.06, Bldg 10, Bankstown Campus ) (02) 9772 6451 8 amandam@nsw.nteu.org.au * EKG29,

Bldg EK, Parramatta Campus ) (02) 9685 9237 8 a.mclaughlin@uws.edu.au * Room

G.01C, Bldg K7, Hawkesbury Campus ) (02) 4570 1130 8 h.hinley@uws.edu.au UNIVERSITY OF WOLLONGONG * Bldg 19, Room G037, University of Wollongong ) (02) 4221 3701 8 joannek@uow.edu.au

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