Smart Casuals NTEU HANDBOOK FOR CASUAL AND SESSIONAL ACADEMIC STAFF AT DEAKIN UNIVERSITY
www.nteu.org.au/deakin
www.unicasual.org.au
Contents Welcome...........................................................1 NTEU is your Union.................................... 2
Rates.................................................................11 Casual Academic Rates............................................... 11
How to contact NTEU................................................... 2
Casual Academic Rates: Holds PhD or performs Full Subject Coordination...........................................12
How to join....................................................................... 2
Casual Professional Rates...........................................12
Special membership fees for casuals/sessionals. 2
Things to Know........................................... 13
NTEU and casuals......................................... 3
The A to E of Academic Staff.....................................13
What’s the problem with casual employment?.....3
Superannuation.............................................................13
What is NTEU doing for casual employees?..........3
Leave..................................................................................13
Being a casual ............................................... 4 How is casual employment different from other employment?................................................................... 4 Where do my rights come from?.............................. 4
Parental Leave.................................................................13 eVALUate..........................................................................14 Collegiality.......................................................................14 Intellectual property......................................................14 Intellectual Freedom.....................................................15
Your Rights...................................................... 5
Health and Safety...........................................................15
Casual Loading (A, D, P)................................................5
Workers’ Compensation..............................................16
Long Service Leave (A, D, P).........................................5
Equal employment opportunity ..............................16
Parental Leave (A, D, P)..................................................5
Federal and State Laws designed to protect employees from discriminatory employment practices cover universities. ......................................16
Measures to provide more secure employment (A, P).....................................................................................5 Conversion to ongoing or fixed-term employment (P)................................................................5
Harassment and Bullying...........................................16
Teaching Scholar Positions (A).................................. 6
Termination.....................................................................17
Separate Pay for Marking (A)....................................... 6
Looking after your career...........................................17
Other required Academic Activity (A)...................... 6 Academic casual staff compliance, learning and development package (A)............................................ 6
Grievances.......................................................................17
Checklist........................................................ 18
When You Start Work................................... 7
Getting the most out of your union membership................................................. 19
Letter of Appointment...................................................7
What is my Local Union Branch?.............................19
Tax File Number...............................................................7
When should I contact the Union?.........................19
Employee/Salary Number............................................7
What if my supervisor is an NTEU member?.......19
Getting paid on time......................................................7
What can NTEU do for me?.....................20
Once You’re At Work.................................... 8
Industrial advice............................................................20
Pay....................................................................................... 8
Lobbying Government...............................................20
Seminar.............................................................................. 8
Enterprise Bargaining.................................................20
Musical Accompanying with Special Education Services ............................................................................. 9
Communication with Members...............................21
Undergraduate Clinical Nurse Education ............. 9 Marking.............................................................................. 9 Other Required Academic Activity......................... 10 Academic casual staff compliance, learning and development package................................................. 10
Membership benefits....................................................21
How to get Involved...................................22
Welcome Welcome to the 5th edition of Smart Casuals for Deakin University. Working as an academic casual is an exciting opportunity and can be personally and professionally rewarding. However, it is also a very challenging and responsible job, where you can feel quite isolated and worried about your own capabilities, your students and your rights. Over the years, I have worked with many casual colleagues and have often felt that their enthusiasm and dedication is taken for granted with little demonstrated appreciation. Hopefully, you have received positive student feedback – and also encouragement from your academic supervisor and other colleagues. If every academic casual at my university had accessed this NTEU booklet, their working life would have been easier. I recommend that you read this closely, keep it at close hand as an important resource and pass onto colleagues. Whilst the information here has been specifically adapted for your university, you are also encouraged to contact your local NTEU Branch office if you have further questions. The Union is working hard to improve your pay and working conditions. We have recently won you a wide range of improved pay and conditions which are outlined in this booklet. You need to speak up if you are not receiving your correct pay and entitlements. Join the NTEU so we can assist you in this. Get involved in the Union so we can represent your and your colleagues’ interests even more effectively. See www.unicasual.org.au for full details.
Jeannie Rea, NTEU National President
Smart Casuals is a publication of the National Tertiary Education Union (NTEU). 5th edition. ISBN 978-0-9946377-0-3 All Rights Reserved © 2018. For more information, please contact the NTEU National Office
www.unicasual.org.au
Post: Phone: Fax: Email: Web:
PO Box 1323, South Melbourne VIC 3205 (03) 9254 1910 (03) 9254 1915 national@nteu.org.au www.nteu.org.au
Welcome
1
NTEU is your Union The National Tertiary Education Union (NTEU) is the only union working exclusively in the tertiary education sector. NTEU has a strong and effective democratic 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, 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.
How to join Choose any method: • Contact or visit your local NTEU Branch office. • Join online or download a form at www.nteu.org.au/join
Special membership fees for casuals/sessionals Details of special fees for casuals/sessionals can be found at www.nteu.org.au/join
How to contact NTEU NTEU has a staffed office at every Australian university. Your local NTEU Branch office provides a range of information, including membership forms, commercial benefits, industrial advice and more details on your employment entitlements.
NTEU Deakin University Branch Office: Rm EB2.08, Burwood Campus, Deakin University Phone: 03 9244 6874 Email: deakin@nteu.org.au Website: www.nteu.org.au/deakin
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NTEU and casuals What’s the problem with casual employment? While casual employment sometimes provides employees with important flexibility and can be seen as a “foot in the door” to more permanent employment, being a casual can mean staff experience a high level of job insecurity and financial uncertainty. NTEU’s research has shown casual academic employment is sometimes like a treadmill: casual workers are often re-engaged to perform the same work year after year rather than appointed to entry-level academic positions. Casual professional staff often experience similar regular and systematic appointments over several years. There can often be very little professional development offered to both academic and professional casual staff and no paid time for research for casual teaching academics. All of this can add to the difficulties in accessing a meaningful career path. Whilst casuals receive a 25% loading in lieu of annual leave, personal leave and public holidays, this can often fail to fully compensate for the broader benefits of a range of other entitlements that other staff receive, such as redundancy, paid parental leave and above the minimum Superannuation Guarantee contribution. Permanent staff in universities receive 17% superannuation, whereas casuals only receive 9.5%. For academic casuals, once you take account of the amount of time needed for duties such as preparation, administration and student consultation, many staff report underpayment for work performed. In addition, the high level of job insecurity that casual employment brings with it means that casual employees usually cannot get access to home loans or other finance.
What is NTEU doing for casual employees? Since the ‘90s, higher education has experienced cuts to Commonwealth funding, changes to industrial relations legislation and a range of other national and international pressures. One of the results of these changes has been rapid growth in casual employment. A key priority of the Union is to improve the working conditions of casual employees, both by improving conditions directly and by ensuring universities provide opportunities for casuals to attain more secure jobs. The Union won significant improvements in the conditions of casual staff during enterprise bargaining, as detailed throughout this booklet. Casual professional staff can often convert to ongoing or fixed-term employment after a period of time. At Deakin, casual professional staff must also be converted in areas where Flexible Ordinary Hours positions are introduced.
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NTEU and casuals
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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. Casual rates of pay include a loading of 25% to compensate for some of the leave and other entitlements casual employees do not receive. The 25% loading does not generally cover the actual cost of benefits that ongoing staff receive. Casual academic staff are paid rates for a task. For example, the payment for a tutorial includes the actual delivery and two hours associated working time.
Where do my rights come from? Your rights as an employee are set out in legislation, in your Enterprise Agreement, in University policy and in your letter of appointment. Your university’s Enterprise Agreement negotiated between the Union and university management is the key place where your employment rights are set out, and takes precedence over University policy. The interpretation of all the sources of your rights can be quite complex. NTEU can assist you with any issues you might have and provide support and advice in interpreting your conditions of employment. For reference, you can email the Branch to get a copy of your Enterprise Agreement, or it can be found on the NTEU website: www.nteu.org.au/rights/agreements/universities/vic
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Your Rights This is a list of the rights enjoyed by casual staff at the university - these have been achieved as a direct result of casual staff joining the NTEU and being active during Enterprise Bargaining. (A = Academic, D = DUELI, P = Professional)
Casual Loading (A, D, P) Casual staff are paid a casual loading of 25%. The casual loading is paid in lieu of many of the paid leave entitlements provided to continuing staff, and is included in the advertised rate.
Long Service Leave (A, D, P) Casual staff who have had 7 or more years of service are entitled to long service leave calculated on their average service fraction, provided there has been no more than 20 weeks absence between periods of service with the University. Service from other institutions does not count towards the 7 years, however periods of fixedterm or ongoing employment does.
Parental Leave (A, D, P) Casual staff are entitled to unpaid parental leave if they have been employed by the university on a regular and systematic basis for a period of 12 months, and they would have had a reasonable expectation of ongoing employment by the University on a regular and systematic basis.
Measures to provide more secure employment (A, P) Casual staff may be able to be employed in a fixed-term capacity under a category of fixed term employment called “Measures to provide security of employment�. These are discretional appointments, and can only be introduced in place of casual employment. They must be a minimum of 12 months long.
Conversion to ongoing or fixed-term employment (P) Professional casual staff may apply for conversion if an employee has been employed on a regular and systematic basis in the same or similar positions over the previous 12 months, or the previous 24 months if you work less than 0.5 FTE. You can be converted to an ongoing or a fixed-term position provided there is not a reasonable reason for rejecting the application. This includes part-year or annualised hours appointments.
www.unicasual.org.au
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Teaching Scholar Positions (A) One alternative to casual employment achieved by NTEU in the current Enterprise Bargaining Agreement has been the creation of Teaching Scholar Positions. Casual employees can lodge an expression of interest in a Teaching Scholar position. Each year the University will look for reasonable opportunities to create Teaching Scholar positions and in the first instance, these will be internally advertised to casual staff and will only be advertised externally if the positions cannot be filled through this process.
Separate Pay for Marking (A) All marking that is undertaken outside of a class, seminar or equivalent must be paid for separately to the class or seminar. There are separates rate for standard marking, and for marking that requires a significant exercise of academic judgement, appropriate to a Level B Academic. Faculties will maintain a set of guidelines that reflect reasonable expectations for academic feedback, marking and grading. Generally marking rates will be based on these guidelines, however they do not limit the requirement for casual academic staff to be paid for the work performed.
Other required Academic Activity (A) An hourly rate applies for miscellaneous work including but not limited to attendance at meetings, consultation with students, development of teaching materials and conduct of practical classes, demonstrations, workshops and studio sessions.
Academic casual staff compliance, learning and development package (A) Academic casual staff are entitled to be paid up to 4 hours per year for all Learning and Development activities. In the first year, this includes familiarisation with University Policies and Procedures, including in respect of teaching and learning activities, student misconduct, plagiarism, re-assessment and similar. In later years, this package includes compliance and online training activities on the basis of completion of the activities. Other activities such as professional development activities may be claimed on the basis that staff have been authorised to undertake them.
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When You Start Work These are a few of the essentials to take note of when you start work.
Letter of Appointment You will usually be given a letter of appointment either before or when you start work. Keep your letter of appointment and any other official documents relating to your employment in a safe place. This letter is often referred to as a ‘Casual Contract’ or ‘Record of Casual Appointment’. If weeks pass and you still haven’t received a letter of appointment, you should 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 will usually 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 like reporting relationships and details of the Enterprise Agreement and relevant policies. If you are unsure about any specific duties or it is 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.
Tax File Number Make sure you provide your TFN 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.
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 lodgement of time sheets.
www.unicasual.org.au
When You Start Work
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Once You’re At Work Pay Casual pay rates depend on the type of work being performed. Professional Staff Casuals are paid by the hour and are paid for the complexity of the work performed. Academic Staff Casuals are paid at different rates for each type of casual work, and these are described in the Agreement as follows. ‘Class’ means any education delivery described as a Class in a course or unit outline, or in an official timetable issued by the University. The rates prescribed are paid per hour of class delivered (or equivalent delivery through other than face-to-face teaching mode) and assume associated work time for preparation and student consultation as defined below. Type of Class and associated working time assumed: • Basic Class (1 hour of delivery and 2 hours of associated working time) • Developed Class (1 hour of delivery and 3 hours of associated working time) • Specialised Class (1 hour of delivery and 4 hours of associated working time) • Repeat Class (1 hour of delivery and 1 hour of associated working time) A repeat class is a second or subsequent delivery of substantially the same class in the same subject matter within a period of seven days. The prescribed rates are paid per hour of class delivered and assume one hour’s associated work.
Seminar ‘Seminar’ means any education delivery, described as a seminar in a course or unit outline, or in an official timetable issued by the University. A casual academic staff member required to deliver or present a Seminar (or equivalent delivery other than through face-to-face teaching mode) of a specified duration and relatedly provide directly associated duties in the nature of preparation and student consultation, will be paid at a rate for each hour of Seminar delivered or presented, as defined below. Type of teaching and associated working time assumed: • Seminar (1 hour of delivery and 2 hours of associated working time) • Repeat Seminar (1 hour of delivery and 1 hour of associated working time)
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A repeat seminar is a second or subsequent delivery of substantially the same seminar in the same subject matter within a period of seven days. The prescribed rates are paid per hour of seminar delivered and assume one hour’s associated work.
Musical Accompanying with Special Education Services ‘Musical accompanying with special educational services’ means the provision of musical accompaniment to one or more students or staff in the course of teaching by another member of academic staff in circumstances where the accompanist deploys educational expertise in repertoire development or expression for student concert or examination purposes, but does not include concert accompanying, vocal coaching or musical directing. The rates are paid per hour of accompanying delivered and assume one hour of preparation time for each hour of musical accompanying delivered.
Undergraduate Clinical Nurse Education ‘Undergraduate clinical nurse education’ means the conduct of undergraduate nurse education in a clinical setting. The rates of payment for undergraduate clinical nurse education are paid for each hour of clinical education delivered and assumes, for each hour of clinical nurse education delivered: half an hour of associated working time for sessions requiring little preparation; or one hour of associated working time for sessions requiring normal preparation.
Marking Casual staff will be paid marking rates as set out in this Agreement where they undertake marking other than marking which is performed in the relevant classroom, class/seminar or equivalent teaching environment. Each faculty will maintain a set of guidelines that reflect reasonable expectations for academic feedback, marking and grading. These guidelines will take into account the complexity of the feedback, marking and grading and the experience of the assessors. The assessment process may involve the following three stages: evaluation of the assessment, provision of feedback and the recording of results. Staff are required to be paid for the work they perform, regardless of the guidelines.
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Other Required Academic Activity Other required academic activity will include work that a person, acting as or on behalf of the University requires the academic staff member to perform and that is performed in accordance with any such requirement, being work of the following nature: a. The conduct of practical classes, demonstrations, workshops or student field excursions. b. The conduct of clinical sessions other than clinical nurse education. c. The conduct of performance and visual art studio sessions. d. Musical coaching, repetiteurship and musical accompanying other than with the special educational service. e. Development of teaching and unit materials such as preparation of unit guides and reading lists and basic activities associated with unit coordination. f. Consultation with students. g. Supervision. h. Attendance at meetings as required. i. Attendance at Classes in the unit or course being taught. j. Attendance at training classes or other sessions relevant to the unit or course being taught. The above list is not intended to be exhaustive, but is provided by way of examples and guidance.
Academic casual staff compliance, learning and development package Payment for Learning and Development Activities is for up to 4 hours per Academic Year and is paid at the rate for other required academic activity. In a staff member’s first year of employment at the University, the Learning and Development Activities will include one hour of compliance activities, as provided for by the University, and up to three hours paid induction for familiarisation with University policies and procedures, including in respect of teaching and learning activities (such as in respect of assessment, student misconduct, plagiarism, re-assessment and similar policies and procedures). In subsequent years, the Learning and Development Activities will include one hour of compliance activities and three hours of development activities that contribute to a staff member’s learning and teaching skills and have been authorised by the University. In order to claim payment for Learning and Development Activities, a staff member must demonstrate that the Learning and Development Activity has been undertaken. As an example, this can usually be illustrated by provision of a certificate illustrating completion, or an email request to undertake the activity.
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Rates Casual Academic Rates Class code
1/3/17
1/3/18 (2%)
1/3/19 (2%)
1/3/20 (2%)
Lecturing Rate (timetabled as Classes) Repeat Class
151/1
$124.41
$126.90
$129.42
$132.02
Basic Class
151/2
$186.61
$190.35
$194.13
$198.03
Developed Class
151/3
$248.81
$253.80
$258.84
$264.04
Specialised Class
160
$311.01
$317.25
$323.55
$330.05
Tutoring Rate (timetabled as Seminars) Seminar
154
$134.40
$137.10
$139.83
$142.62
Repeat Seminar
152
$89.60
$91.40
$93.22
$95.08
Standard Feedback, Marking & Grading
158/1
$44.80
$45.70
$46.61
$47.54
Significant Judgement
157
$62.20
$63.45
$64.71
$66.01
Feedback, Marking and Grading Rate
Clinical Educator Small Preparation
178/1
$67.20
$68.55
$69.92
$71.31
Normal Preparation
178/2
$89.60
$91.40
$93.22
$95.08
Musical Accompanist
178/2
$89.60
$91.40
$93.22
$95.08
Other Activities
161/1
$44.80
$45.70
$46.61
$47.54
Casual Research Fellow
172/1
$42.46
$43.31
$44.18
$45.06
Casual Senior Research Fellow
172/2
$73.17
$74.64
$76.13
$77.65
Other Rates
Casual Research Fellow
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Rates
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Casual Academic Rates: Holds PhD or performs Full Subject Coordination Class code
1/3/17
1/3/18 (2%)
1/3/19 (2%)
1/3/20 (2%)
Tutoring Rate (timetabled as Seminars) Seminar
155/2
$159.85
$163.05
$166.32
$169.65
Repeat Seminar
155/1
$106.56
$108.70
$110.88
$113.10
158/2
$53.28
$54.35
$55.44
$56.55
Marking Rate Standard Feedback, Marking & Grading Clinical Educators Small Preparation
179/1
$79.92
$81.53
$83.16
$84.83
Normal Preparation
179/2
$106.56
$108.70
$110.88
$113.10
Musical Accompanist
179/2
$106.56
$108.70
$110.88
$113.10
Other Activities
161/2
$53.28
$54.35
$55.44
$56.55
Other Rates
Casual Professional Rates Class code
1/3/2017
1/3/18 (2%)
1/3/19 (2%)
1/3/20 (2%)
Casual HEW 1 to 10 HEW 1
11
31.01
$31.64
$32.26
$32.91
HEW 2
12
33.35
$34.02
$34.70
$35.40
HEW 3
13
35.03
$35.73
$36.44
$37.17
HEW 4
14
40.05
$40.85
$41.66
$42.50
HEW 5
15
43.40
$44.26
$45.15
$46.05
HEW 6
16
50.10
$51.10
$52.12
$53.16
HEW 7
17
55.12
$56.22
$57.35
$58.50
HEW 8
18
61.81
$63.05
$64.31
$65.60
HEW 9
19
71.86
$73.30
$74.76
$76.26
HEW 10
20
76.89
$78.42
$79.99
$81.59
175
$38.90
$39.68
$40.47
$41.28
Casual Face to Face Teaching
EC1
$75.94
$77.46
$79.01
$80.60
Casual Non Teaching Duties
EC2
$40.58
$41.40
$42.23
$43.08
Casual Research Assistant Step 1 Casual ELICOS
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Rates
Smart Casuals
Things to Know The A to E of Academic Staff Academic staff are classified into five pay bands or ‘Levels’. Associate Lecturers 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. Casual academic staff are engaged at the Level that corresponds to the standards attached to the Enterprise Agreement – generally at Level A or Level B.
Superannuation Under Federal legislation and the Enterprise Agreement, the University must contribute to a superannuation fund on your behalf. At all Australian universities, the required recipient fund is UniSuper. NTEU strongly recommends UniSuper to staff on the basis of its good performance and low administration costs. Unisuper’s website is 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. Employer contributions are ‘preserved’ (not accessible) until the age prescribed by legislation and can 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. The university has superannuation officers who can advise you about your superannuation options, but if you think you’re missing out contact NTEU.
Leave Under our Agreements, the casual loading is paid in lieu of most types of leave received by other employees.
Parental Leave Under the National Employment Standards, 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 12 months’ unpaid parental leave.
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Things to Know
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In addition to this entitlement, the Federal Government’s Paid Parental Leave Scheme and provides 18 weeks’ payment at the Federal minimum wage. Some casual employees will be able to qualify for this payment. One of the key determinants for eligibility to the Paid Parental Leave payment as a casual staff member is whether you satisfy the Government’s ‘Work Test’. As the eligibility for the Government’s paid parental leave payment is different to the eligibility for 12 months’ unpaid parental leave under the National Employment Standards, it is crucial that you obtain expert advice from your Union office about your own situation.
eVALUate 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.
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Things to Know
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However this position is often modified by University policy and/or the Enterprise 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. • 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 office.
Intellectual Freedom Casual academics should have the same rights and responsibilities with respect to academic freedom as ongoing and fixed term academic staff. This includes the rights of all staff to: “Make public comments on a topic within their area of expertise and also to make other comments as long as the staff member does so in their private capacity and does not claim to represent the University. This will include the expression of unpopular or controversial views, provided that they do not harass, vilify, defame or intimidate.” NTEU has campaigned hard to ensure that Enterprise Agreements enshrine intellectual freedom – often against the opposition of university managements. Your Agreement protects the rights of staff to engage in critical inquiry, intellectual discourse and public debate.
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
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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. The University has Occupational Health and Safety representatives elected by employees who can raise any issues of concern about safety in the workplace.
Workers’ Compensation Casual 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 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 – e.g. back strains and muscle damage to hands and wrists sustained in the course of preparing or delivering classes. • Ill health – e.g. poisoning or the contraction of disease in class or during clinical instruction. • Emotional stress injury – e.g. 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 the University. You should also contact your NTEU Branch immediately for further advice and assistance.
Equal employment opportunity Federal and State Laws designed to protect employees from discriminatory employment practices cover universities. These laws protect people from discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, absence from work during maternity leave or other parental leave, religion, political opinion, trade union membership or activity, national extraction or social origin. 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 your local NTEU Branch office immediately.
Harassment and Bullying Unfortunately, harassment and bullying can sometimes happen in the workplace. 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. Under the Fair Work Act bullying is defined as when an individual or group “repeatedly behaves unreasonably
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Things to Know
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towards (a) worker or group of workers...and the behaviour creates a risk to health and safety�. If you experience any form of bullying, harassment or discrimination, make sure you contact your local NTEU Branch office for advice and assistance.
Grievances The University has internal grievance procedures designed to resolve work disputes. If you feel you have been treated unfairly at work in any way, contact your local NTEU Branch office 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 six months or more (e.g. teaching whole semesters, even if there are breaks such as midyear 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. Contact your local NTEU Branch office, which may also be able to pursue less formal means within the University to try to save your job or find you another.
Looking after your career Teaching experience gained from casual tutoring and demonstrating can be invaluable when applying for permanent academic positions. 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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Things to Know
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Checklist your letter of appointment and any other official documents relating to your ❏❏Keep employment in a safe place.
❏❏Finalise your employment details as quickly as possible to avoid missing a pay period. with your School/Departmental administrator about frequency of pay periods, ❏❏Check whether there are cut-off dates for the lodgement of time sheets and how time sheets are lodged.
❏❏Provide your tax file number to the person responsible for administering your pay. a record of your Employee or Salary number so you can quote it to the pay officer if ❏❏Keep any problems arise. getting advice from the university’s superannuation officer or financial advice ❏❏Consider before making any decisions about superannuation www.unisuper.com.au. a copy of your Enterprise Agreement from the NTEU website for reference ❏❏Download www.nteu.org.au/rights/agreements. sure you have access to work facilities (desk, computer, email, photocopying, office ❏❏Make space etc). anything you are unsure of in relation to your duties with your supervisor as soon ❏❏Clarify as possible, preferably in writing.
❏❏Note down any extra hours worked over and above your allocated paid hours. ❏❏Keep copies of all your students’ teaching evaluation questionnaires. ❏❏Report any work-related illness or injury to your supervisor as soon as possible. ❏❏Keep copies of any course materials or other work you develop as a casual academic. ❏❏Get a reference from your supervisor at the end of the semester. sure any previous regular casual employment is counted as service for long service ❏❏Make leave if you gain a fixed term or ongoing position. ❏❏Contact the Union if any issues arise as soon as possible after they occur. 18
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Getting the most out of your union membership What is my Local Union Branch? Your local NTEU Branch office is referred to throughout this handbook and is your first port of call for advice or assistance in relation to your job. The Branch office can provide you with more information about the Union and how it operates at your institution. The Branch has elected representatives, including a Branch President and Secretary as well as a website with contact details and local news: www.nteu.org.au/deakin
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. The 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.
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Getting the most out of your union membership
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What can NTEU do for me? Industrial advice While important improvements have been made for casual staff, NTEU knows that 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. Over the life of this Enterprise Agreement, NTEU will be aggressively enforcing existing provisions and entitlements through legal and industrial avenues to ensure that your rights are protected. NTEU employs 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. www.nteu.org.au/rights
Lobbying Government NTEU lobbies Government 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. www.nteu.org.au/policy
Enterprise Bargaining NTEU represents university staff in enterprise 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!
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What can NTEU do for me?
Smart Casuals
Communication with Members Connect is the national publication for casual academic staff produced by NTEU and CAPA. It is published and sent to all casual academic staff twice a year. It can also be read online in the resources section of our website dedicated to casual academic members at: www.unicasual.org.au NTEU provides a wide range of services to members, including regular information through newsletters and journals, seminars for members on professional issues, union training and access to ACTU financial services. The NTEU national website provides up-to-date information on all areas of the Union’s work: www.nteu.org.au NTEU’s national magazine, the Advocate, is sent to all members, including casuals, three times a year. Our academic casuals magazine, Connect, is sent to all academic casuals twice a year. The women’s magazine, Agenda, is sent to all women members once a year. The Australian Universities’ Review, NTEU’s refereed academic journal, is published twice a year and is sent to all members who request to opt-in for a subscription. www.nteu.org.au/advocate www.unicasual.org.au/publications/connect www.nteu.org.au/agenda www.aur.org.au Members also receive Branch and Division publications.
Membership benefits All members have access to the NTEU Membership Benefits Program, administered in cooperation with Member Advantage, allowing you to save on essential purchases all year round. A casual member using our Member Advantage program just 2 or 3 times would be likely to save the equivalent of an entire year’s membership dues. Find out more on our website: www.nteu.org.au/join/benefits
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What can NTEU do for me?
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How to get Involved For the Union to continue to pursue these issues and to succeed in this important campaign to improve the rights of casual staff we need your help. Your involvement can be as simple as joining the NTEU, talking to your colleagues about issues affecting casual staff, participating in your local academic casuals’ network and online forums and keeping in touch through our websites: www.nteu.org.au www.unicasual.org.au The Union organises a number of conferences, meetings and events for members to participate in. Your local NTEU Branch office has an elected committee that meets regularly, and we have 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 is an annual Women’s conference and an Aboriginal & Torres Strait Islander members’ forum. www.nteu.org.au/myunion/about_us/committees If you are interested in any of these events your local NTEU Branch office can give you information about getting involved. Elections for Branch Committee and other positions are held every two years, and casual staff who are NTEU members are eligible to both run and vote in these elections. www.nteu.org.au/myunion/get_involved
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How to get Involved
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NTEU Deakin University Branch Office: Rm EB2.08, Burwood Campus, Deakin University Phone: 03 9244 6874 Email: deakin@nteu.org.au Website: www.nteu.org.au/deakin
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