Smart Casuals NTEU HANDBOOK FOR CASUAL AND SESSIONAL STAFF AT THE UNIVERSITY OF SYDNEY
www.nteu.org.au/sydney
www.unicasual.org.au
Contents Welcome...........................................................1
Rates................................................................ 14
NTEU is your Union.................................... 2
Things to Know........................................... 16
How to contact NTEU................................................... 2
The A to E of Academic Staff.....................................16
How to join....................................................................... 2
Superannuation ............................................................16
Special rates for casuals/sessionals.......................... 2
Leave .................................................................................16
NTEU and casuals......................................... 3 What’s the problem with casual employment?.....3 What is NTEU doing for academic casual employees?........................................................................3
Parental Leave ................................................................17 Student Evaluation of Teaching ..............................17 Collegiality ......................................................................17 Intellectual Property......................................................17 Intellectual Freedom.....................................................18
Being a casual ............................................... 4
Health and Safety...........................................................18
How is casual employment different from other employment?................................................................... 4
Workers’ Compensation .............................................19
Where do your rights come from?............................ 4
Harassment and Bullying...........................................19
What is a Sessional?....................................................... 4
Grievances......................................................................20
Your rights....................................................... 6
Termination....................................................................20
Opportunities for more secure employment........ 6 Academic Fellowships...................................................7
Equal Employment Opportunity..............................19
Looking after your Career..........................................20
Casual’s Checklist....................................... 21
Payment for all work performed.................................7 Unit Coordination Rates............................................... 8
Getting the most out of your union membership.................................................22
Facilities for Casual Staff............................................... 8
What is my Local Union Branch?............................ 22
Payment for Attendance at Meetings...................... 8
When should I contact the Union?........................ 22
When You Start Work................................... 9
What if my supervisor is also a member?............. 22
Letter of Appointment.................................................. 9
NTEU has an active and important role in the workplace........................................................................ 23
Tax....................................................................................... 9 Employee/Salary Number......................................... 10 Getting Paid on Time.................................................. 10
What can NTEU do for me?.....................24 Industrial Advice........................................................... 24
Once You’re At Work...................................11
Lobbying Government............................................... 24
Pay...................................................................................... 11
Enterprise Bargaining................................................. 24
Lecturing.......................................................................... 11
Communication with Members.............................. 24
Tutoring............................................................................ 11
Membership Benefits.................................................. 25
Other Required Academic Activity.......................... 11 Marking ............................................................................12 Musical Accompanying .............................................12 Clinical Nurse Educator .............................................12 Clinical Educator............................................................13 Development Opportunities for Prof. Staff...........13
How to get Involved...................................26
Welcome Welcome to the 5th edition of Smart Casuals for the University of Sydney. Working as a casual staff person is an exciting opportunity and can be personally and professionally rewarding. For some of you it is a stepping stone to a career in the university sector. 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 feedback from students and/or supervisors, and also encouragement from your other colleagues. If every 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 it on to 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. Yet there are further improvements that can be made, in terms of casual staff being treated with more respect within the university sector. I encourage you to get involved in your local casuals network to work together with others to demand better working conditions and access to career development opportunities. You need to speak up if you are not receiving your correct pay and entitlements. Join the NTEU and we can assist you in this. Get involved in the Union so we can work with you and other casual staff to demand a fair go for casual staff at Sydney Uni. See www.unicasual.org.au for further 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 Š 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, 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: www.nteu.org.au/join/benefits.
How to join You can join by: • Contacting your local NTEU Branch office. • Visiting www. nteu.org.au/join to download a form or join online
Special rates for casuals/sessionals Casual staff membership of the NTEU 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. NTEU membership is fully tax-deductible. Estimated salary range
Annual
Half Yearly
Quarterly
Monthly
Less than $20,000
$104
$52
$26
$8.67
$20,000 to less than $30,000
$156
$78
$39
$13
$30,000 to less than $50,000
$208
$104
$52
$17.33
$50,000 and over
$260
$130
$65
$21.67
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 University of Sydney Branch Office: Room 390, Merewether Building, Darlington Campus, University of Sydney Phone: 02 9351 2827 | Email: sydney@nteu.org.au | Website: www.nteu.org.au/sydney
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NTEU is your Union
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NTEU and casuals What is NTEU doing for 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 working conditions of casual employees, both by improving conditions directly and by ensuring universities provide opportunities for casuals to attain more secure jobs. In the last round of enterprise bargaining with management at your university, the Union won significant improvements in the conditions of casual staff, as detailed throughout this booklet. These improvements have only been won through the activity of casual NTEU members who campaigned to achieve these major gains. In the 2017 round of bargaining, NTEU was focused on casuals and providing as many opportunities for on-going work (to replace casual work), where possible.
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 also mean that staff experience a high level of job insecurity and financial uncertainty. NTEU’s research has shown that casual employment is sometimes like a treadmill: sessionals are often re-engaged to perform casual work year after year rather than appointed to entrylevel fixed term or continuing positions. There can often be very little professional development offered to casuals and inadequate time for research due to high teaching loads. All of this can add to the difficulties in accessing a meaningful career path. Whilst casuals receive a 25% loading, this can often fail to fully compensate for the broader benefits of a range of other entitlements that other staff receive, such as sick leave, paid parental leave and above the minimum Superannuation Guarantee contribution (permanent academic staff in universities receive 17% superannuation, whereas casuals only receive 10.5%). Many academic casuals report underpayment for work performed, such as marking, student consultation and other administrative duties. 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.
www.unicasual.org.au
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.
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. If you are employed in casual work at more than one university, you should be aware that the Enterprise 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 Enterprise Agreement from our Branch Office, or it can be found on the NTEU website: 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.
What if my sessional contract is cancelled? Where for any reason it becomes necessary for the University to end a sessional arrangement before the end of a semester, the staff member will be given at least one week’s advance notification of the cessation of their employment. The University may substitute payment in lieu of all or any part of any period of notice of termination or direct the staff member to not attend for duty. Payments in lieu of notice will be calculated at the staff member’s salary as at the date od cessation of employment.
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Being a casual
Smart Casuals
What is I wish to end my employment before the end of a semester? The staff member will give the University at least one week’s notice. The university may consent to a shorter period of notice on a case-by case basis.
Am I covered by Workers Compensation if I am injuries travelling to/from work? Workers Compensation legislation no longer includes the journey to and from work. The NTEU takes out insurance for financial members to cover any person injured on the journey to and from work. Only as a financial member of the NTEU do you have this cover.
www.unicasual.org.au
Being a casual
5
Your Rights Below is a list of the new rights enjoyed by casual staff at your university as a direct result of casual staff joining the NTEU and being active.
Opportunities for more secure employment Casual staff, excluding casual staff employed by CET, may apply for conversion to Continuing, Funding Contingent Continuing or Fixed Term employment if they have: a)
been engaged to perform duties of a position, or a substantially similar position, on a regular and systematic basis for a number of hours over the preceding 12-month period. An assessment of a regular and systematic work pattern will take into account regular periods when work is not required such as during semester breaks (to avoid ambiguity, a Casual Academic staff member undertaking similar teaching hours over two full consecutive semesters meets the requirements to be regular and systematic); and
b)
been appointed on the basis of merit, through a transparent and competitive process consistent with University policy, or served a minimum period of employment of 24 months; and
c)
matched performance and conduct expectations set and adopted during their employment and, for Professional staff only, has been assessed in accordance with the P&D Program as at least meeting most objectives (or equivalent) or satisfactory (as applicable); and
d)
demonstrated the capacity to meet the future expectations of the position, including any new duties or skills that may be required, according to their P&D Plan and the strategic directions of their Faculty or Unit.
A casual staff member’s engagement arrangements or working hours must not be altered with the intention to avoid obligations under the above entitlement. Casual Academic staff who have performed at least 60% of a Full-time teaching workload have access to Fixed Term or continuing education focused roles under certain conditions listed in the EA (Clause 102). The University has committed to a reduction over the life of the current enterprise agreement in its reliance upon casual staff as a proportion of all staff on the payroll. There is no obligation for future work to be offered at the end of a casual employment period. However, if you believe work is ongoing, contact the NTEU for information about your eligibility to apply for your position to be converted to continuing, Funding contingent employment or Fixed-term employment after 12 months of employment and subject to meeting the other specified criteria.
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Your Rights
Smart Casuals
Academic Fellowships Academic Fellowships have the dual objectives of replacing Casual teaching work and providing pathways for Casual, Fixed Term staff, and persons who have completed PhD studies. The University will establish, maintain and fill at least 120 Academic Fellowship positions by the time the current enterprise agreement expires. The University will where possible fill Academic Fellowship positions from applicants within the University. Academic Fellows have a workload allocation which includes:
i) a minimum allocation for scholarship and research of 20% ii) a maximum teaching allocation of 70% iii) a minimum service allocation of 10%
Academic Fellows can also be given a 40:40:20, a 70:20:10 or a research only workload allocation. Your NTEU Branch will support casual NTEU members to secure Academic Fellow roles. Prospective candidates should contact the NTEU Branch office for more information.
Payment for all work performed If a casual staff member is directed by the University to undertake specific work, they will be paid for the performance of that work at the appropriate rate, as stipulated by Schedule 1 of the Enterprise Agreement. This work includes lecturing, tutoring, marking, other required activity, musical accompanying and Clinical Educator work. Casual Professional staff will be paid for a minimum of 3 hours per engagement except as follows: Work performed
Minimum payment
Students performing work between Monday and Friday (except public holidays) during the University’s main teaching weeks and any other day that they are expected to attend the University in their capacity as students.
One hour
Retirees and persons with a primary occupation elsewhere (including at the University). Examination Supervisors (invigilators) and Assistants Persons engaged to perform work of a kind that is normally performed in agricultural, engineering or associated industries. Persons engaged to perform work of a kind normally performed in Two hours hospitality industries, or nursing services. The University accepts the principle that all work allocated to casual staff should be able to be completed in the time allocated to undertake the work.
www.unicasual.org.au
Your Rights
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Payment options Where a casual staff member will be employed over an anticipated timeframe, the University may spread payments equally over that timeframe. If the anticipated number of hours or sessions are not worked, the casual staff member’s payments will be adjusted accordingly. For many years some marking has been incorporated into a flat rate of pay. This was known as ‘reasonably contemporaneous marking’. The unclear definition of what constituted ‘reasonably contemporaneous marking’ resulted in marking performed by casual staff being either grossly underpaid or a major area of unpaid work. Whilst the Union was successful in winning large claims for backpay for some of our members, it was clear that this was an area that needed major reform in this round of enterprise bargaining. Due to the campaigning work of NTEU casual members, we won significant improvements under the new Enterprise Agreement. All marking that forms part of the assessment for a subject and which takes place outside the contact time of a lecture, tutorial or clinical session is now paid separately at the prescribed marking rate. One of those wins is payment for preparation work. Where a casual staff member is employed to carry out preparation work and because of illness is unable to deliver the face to face component (lecture/tutorial etc.) of the work, the staff member will be eligible to make a claim and will still be paid for the prep work. Casual staff who are employed on a regular and systematic basis will be eligible to claim up to 4 paid hours per annum (with Supervisor agreement), to familiarise and update themselves with University policies and procedures relevant to their engagement.
What is regular and systematic? 1 hour per semester is regular and systematic. How do I request this entitlement to be paid? It is not associated with your contract of employment. This means your supervisor can select ‘entitlement’ to process the payment in the pay period the work is performed.
Payment for Attendance at Meetings Unless the meetings are part of preparation for a tutorial or lecture, casual staff should be paid for any meetings or lectures that they are required to attend.
Unit Coordination Rates Casual staff with full subject coordination should be paid at the higher rate outlined in the Agreement, than other casuals without the extra responsibility.
Facilities for Casual Staff The University will provide access to the necessary resources for Casual staff to perform the work they are required to undertake.
Casual Library Card access During the first 12 months of the EA commencing the university will implement card, email address and library access for casual academic staff who are employed or more than one semester.
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Your Rights
Smart Casuals
When You Start Work Letter of Appointment You will usually be given a letter of appointment either before or when you start work. This 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 must 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. Keep your letter of appointment and any other official documents relating to your employment in a safe place. 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. 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.
Tax Make sure you provide your tax file number to the person responsible for administering your wages.
www.unicasual.org.au
When You Start Work
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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. In many cases, this is set out in your Enterprise Agreement. The University is required to pay you within 22 days of 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 Branch office.
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When You Start Work
Smart Casuals
Once You’re At Work Pay Casual pay rates depend on the type of work being performed. The following are extracts from your Agreement describing each type of casual work and the rates of pay you can expect for each.
Lecturing The pay rates are paid for one hour of delivery and associated work as defined below. For the purposes of payment of a lecture or repeat lecture rate, ‘associated work’ may encompass the following activities: • Preparation of lectures. • Marking of student work for which the Casual staff member is responsible where the marking is performed (or could reasonably be performed) in the relevant classroom, lecture or equivalent teaching environment.
Tutoring ‘Except for repeat tutorials, the rates prescribed are paid per hour of tutorial delivered (or equivalent delivery through other than face-to-face teaching mode) and assumes two hours associated work as defined below. A repeat tutorial is a second or subsequent delivery of the same tutorial in the same subject matter. The prescribed rates are paid per hour of tutorial delivered and assume one hour’s associated work as defined below. For the purposes of payment of a tutorial or repeat tutorial rate, ‘associated work’ may encom¬pass the following activities: • Preparation of tutorials. • Marking of student work for which the Casual staff member is responsible where the marking is performed (or could reasonably be performed) in the relevant classroom, lecture or equivalent teaching environment. • Contemporaneous consultation with students involving face-to-face and email consultation prior to and following a tutorial.
Other Required Academic Activity (incl. Demonstrations) ‘Other required academic activity’ includes work that the University requires a Casual staff member to perform and that is performed as required, being work of the following nature: • The conduct of clinical sessions other than clinical nurse education.
www.unicasual.org.au
Once You’re At Work
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• The conduct of performance and visual art studio sessions. • Development of teaching and subject materials such as the preparation of subject guides and reading lists and basic activities associated with subject coordination. • Consultation with students (other than as consultation for a tutorial or lecture). • Attendance at departmental and faculty meetings as required. This list is not intended to be exhaustive, but is provided by way of examples and guidance.
Marking Casual staff will be paid marking rates as set out in this Agreement where they undertake marking as a requirement of the supervising lecturer in charge of the subject or course, other than marking which is performed (or could reasonably be performed) in the relevant classroom, tutorial/lecture or equivalent teaching environment. The number of hours allowed for marking and the appropriate marking rate per hour are determined with regard to the appropriate Academic Workload Policy. These will be developed in consultation with academic staff within the relevant discipline or organisational unit and will set out reasonable expectations about the number of hours to be allowed for marking based on the complexity of the marking and allowing for variations in level of experience of the marker in the context of the academic discipline involved. The supervising examiner marking rate is paid for marking that is undertaken as a supervising examiner or marking requiring a significant exercise of academic judgement appropriate to an academic at level B status. The routine (standard) marking rate is paid per hour for routine marking, including multiple choice marking.
Musical Accompanying ‘Musical Accompanying (1)’ applies to musical accompanying with special educational service, i.e. 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. This includes one hour of delivery and up to one hour of preparation. ‘One to One Teaching’ is the rate paid for one hour of teaching at the Conservatorium of Music ‘Recital Examination and Auditions’ is the rate paid per hour of delivery. Rate A is paid for the first hour and Rate B is paid per hour thereafter. ‘Musical Accompanying (2)’ applies to musical accompanying, repetiteurship, and musical coaching other than with special educational service. This rate is paid per hour of delivery.
Clinical Nurse Educator ‘Clinical Nurse Educator 1’ is the rate payable for provision of undergraduate clinical nurse education including delivery time and directly associated non-contact duties such as preparation, reasonably contemporaneous marking and student consultation. This rate includes one hour’s delivery time and one hour’s associated work time.
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Once You’re At Work
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‘Clinical Nurse Educator 2’ is the rate payable for provision of undergraduate clinical nurse education including delivery time and directly associated non-contact duties where little preparation time is required. This rate includes one hour’s delivery time and 0.5 hour’s associated work time.
Clinical Educator ‘Clinical Educator 1A and 1B’ are the rates paid per hour where an average of three hours is spent on non-contact duties (including liaison with specific health agencies, examination of student patient care plans, student evaluation and counselling with individual preparation for contact periods) per session. Rate 1A applies to staff with requisite experience and Rate 1B applies to staff without experience. ‘Clinical Educator 2A and 2B’ are the rates paid where non-contact duties (as defined above) per session are less time consuming than non-contact duties applicable to Clinical Educator 1A and 1B. Rate 2A applies to staff with requisite experience and Rate 2B applies to staff without experience.
Development Opportunities for Professional Staff Casual staff who are engaged on a regular and systematic basis for 12 months should have their performance assessed in accordance with the P&D Program, and other Casual staff may also have their performance assessed in accordance with the P&D Program. It is recognised that unless Casual Professional staff have their performance assessed in accordance with the P&D Program, they will not be eligible to apply for conversion under clause 68. Where a Professional staff position is to be filled on a temporary basis for a period of three to 12 months, expressions of interest will be invited through advertisement on the University website for at least three days. Continuing, Fixed Term and Casual Professional staff employed at the time of advertisement will be eligible to submit expressions of interest in advertised vacancies. All Professional staff vacancies of more than 12 months’ duration will be advertised internally in the first instance. The University will allocate at least $2 million each year to fund programs and activities to assist Professional staff to develop the skills and expertise required to achieve their ‘next step’ career development goals (the Professional Staff Development Fund). The Professional Staff Development Fund may be used for programs and activities such as courses of study, training programs, scholarships, conference attendance and external secondments and the associated costs of staff replacement.
www.unicasual.org.au
Once You’re At Work
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Rates The following rates are extracts from Schedule 1 of The University of Sydney Enterprise Agreement 2018-2021. Activity
Current Rate as at July 2018
As of July 2019
Standard Lecture (1 hour delivery and 2 hours of associated work)
$207.82
$212.19
Developed Lecture (1 Hour delivery and 3 hours of associated work)
$277.10
$282.92
Significant Responsibility (1 Hour delivery and 3 hours of associÂŹated work)
$277.10
$282.92
Distinguished Visiting Scholar (1 hour of delivery and 4 hours of associated work)
$346.36
$353.64
Repeat Lecture (1 hour delivery and 1 hour associated work)
$138.56
$141.47
Tutorial Rate (1 hour tutorial time and 2 hours of associated work)
$149.20
$152.33
Tutorial Rate with PhD qualifications and/ or full subject coordination duties (1 hour tutorial time and 2 hours of associated work)
$178.24
$181.98
Repeat Tutorial (1 hour tutorial time and 1 hour associated work)
$99.46
$101.55
Repeat Tutorial with PhD qualifications and/ or full subject coordination duties (1 hour tutorial time and 1 hour associated work)
$118.82
$121.32
Marking as supervising examiner or requiring significant exercise of academic judgement appropriate to an academic at Level B status
$69.31
$70.76
Routine (Standard) Marking with PhD qualifications and/or full subject coordination duties
$59.12
$60.36
Routine (Standard) Marking
$49.45
$50.49
Lecturing
Tutoring
Marking
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Rates
Smart Casuals
Musical accompanying Musical accompanying (1) -(1 hour of delivery and 1 hour of preparation)
$98.84
$100.92
Musical accompanying (1) with PhD qualifications and/or full subject coordination duties - (1 hour of delivery and 1 hour of preparation)
$118.24
$120.73
One to One teaching (per hour at the Conservatorium of Music)
$135.15
$137.99
Recital exams and auditions per hour (for the first hour)
$137.60
$140.49
Recital exams and auditions per hour (for the each hour thereafter)
$114.67
$117.08
Musical accompanying (2) per hour of delivery
$49.45
$50.49
Musical accompanying (2) per hour of delivery with PhD qualificaÂŹtions and/or full subject coordination duties
$59.12
$60.36
Clinical Nurse Educator 1 Normal preparation required (1 hour of delivery and 1 hour associated work time)
$98.94
$100.92
Clinical Nurse Educator 1 Normal preparation required (1 hour of delivery and 1 hour associated work time) with PhD qualifications and/or full subject coordination duties
$118.24
$120.72
Clinical Nurse Educator 2 Limited preparation required (1 hour of delivery and 0.5 hour associated work time)
$74.11
$75.67
Clinical Nurse Educator 2 Limited preparation required (1 hour of deÂŹlivery and 0.5 hour associated work time) with PhD qualifications and/or full subject coordination duties
$88.67
$90.54
Clinical Nurse Educator
Other Required Academic Activities (including demonstration) Other required activity without PhD
$49.45
$50.49
Other required activity with PhD
$59.12
$60.36
www.unicasual.org.au
Rates
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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 The casual rates include a 25% loading in lieu of all forms of paid leave, public holidays, notice of termination of employment and severance benefits. Casual staff are entitled to: •
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Accrue Long Service Leave (Clause 225)
Things to Know
Smart Casuals
•
Industrial relations training leave (Clause 478)
•
Subject to notification, medical certificates or other documentation as required, casual staff are entitled to not be available to attend work, or to leave work (for an agreed period): o o o
If they need to care for a family member/household who are sick and require care or support, for the birth of a child or another emergency; Upon death of a family member; If agreement can’t be reached the period the casual staff member is unavailable to attend work will be up to 48 hours (2 days) per occasion.
Parental Leave Casual staff are entitled to 52 weeks unpaid parental leave in connection with the birth or adoption of a child. To qualify for unpaid parental leave, a casual staff member must have worked for the University on a regular and systematic basis for at least 12 months and have a reasonable expectation of ongoing employment.
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 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.
www.unicasual.org.au
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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. Intellectual freedom includes the rights of all staff to: •
Participate in the representative institutions of governance within the University in accordance with the statutes, rules and terms of reference of the institutions.
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Express opinions about the operation of the University and higher education policy in general.
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Participate in professional and representative bodies, including Unions, and to engage in community service without fear of harassment, intimidation or unfair treatment in their employment.
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Express unpopular or controversial views, provided that in doing so staff must not engage in harassment, vilification or intimidation.
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 academic 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 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. • Protection from psycho-social hazards such as workplace bullying.
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The University has Occupational Health and Safety representatives elected by employees who can raise any issues of concern about safety in the workplace. Your local NTEU Branch office can put you in touch with your local representative.
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 & Protection Against Discrimination 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 towards (a) worker or group of workers...and the behaviour creates a risk to health and safety”. The University has a policy regarding workplace bullying.
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If you experience any form of 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 Many permanent staff started their careers as casual staff. The teaching experience gained from casual work can be invaluable when applying for permanent 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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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. staff who are engaged on a regular and systematic basis for 12 months should have ❏❏Casual their performance assessed in accordance with the P&D Program. ❏❏Report any work-related illness or injury to your supervisor as soon as possible. copies of any course materials or other work you develop as a casual academic and ❏❏Keep 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. www.unicasual.org.au
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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/sydney
When should I contact the Union? You should regularly engage with member communications sent by the NTEU branch for news and information about current campaigns and issues that we are seeking information about or your input to determine what, if any, branch resources are required to collectively respond. More often than not, employment related issues that casual staff experience recur, and affect many casual staff not just one individual. The NTEU has extensive history and experience representing casual staff in collective disputes with success and without jeopardising one individual staff member’s future work. If you suspect there is an issue related to your employment contract, rights or entitlements please take the following steps: •
Talk to your casual staff colleagues to ask them if they also experience the same issue and if so, how they had it resolved;
•
If you know it is something that affects other casual staff, make a list of who the affected staff are and use the NTEU Workplace Form to document this information and provide an overview of what is happening in your workplace. A branch representative can follow up with you and propose suitable next steps.
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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NTEU has an active and important role in the workplace Some of the key activities we undertake with casual members include being able to resolve workplace issues by being a voice for employees and representative of members, to address matters related to the enforcement, implementation and environment for all staff including you - members employed on a casual basis. Key features of union activity on campus include: •
looking into suspected breaches
•
being an advocate for union members
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ensuring employers are meeting their obligations
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working with management to help resolve workplace issues
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Facilitating space for casual members to meet and discuss issues affecting them in their workplace
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Organising casual members to develop collective responses to issues that are widely and deeply felt across the university (it is very rare that a workplace issue would affect only one casual worker) and propose an effective industrial organising campaign to seek effective resolution of identifies matters for the benefit of all staff.
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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!
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
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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 it. 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 In addition, 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 2 or 3 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 local NTEU Branch office or online at: www.nteu.org.au/join/benefits
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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 on www.unicasual.org.au and keeping in touch through our website www.nteu.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, an Indigenous members’ forum and a National Academic Casuals Committee. 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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