Smart Casuals HANDBOOK FOR CASUAL & SESSIONAL ACADEMIC STAFF AT THE UNIVERSITY OF CANBERRA
www.nteu.org.au/uc
www.unicasual.org.au
Contents Welcome...........................................................1
Rates.................................................................11
NTEU is your Union.................................... 2
Things to Know........................................... 13
Special rates for casuals/sessionals.......................... 2
Automatic Travel to Work Insurance .....................13
How to contact NTEU................................................... 2
The A to E of Academic Staff.....................................13
How to join NTEU........................................ 2
Superannuation.............................................................13
NTEU and casuals......................................... 3
Leave..................................................................................14 Parental Leave.................................................................14
What’s the problem with casual employment?.....3
Student Evaluation of Teaching...............................14
What is NTEU doing for academic casual employees?........................................................................3
Collegiality.......................................................................14
Being a casual ............................................... 4
Academic Freedom.......................................................15
How is casual employment different from other employment?................................................................... 4
Health and Safety...........................................................16
What is a sessional? ...................................................... 4 Where do my rights come from?.............................. 4
Equal employment opportunity & protection against Discrimination................................................16
Your Rights...................................................... 5
Harassment and Bullying...........................................17
Opportunities for more secure employment.........5 Separate Pay for Marking..............................................5 Increased Casual Loading............................................5 Improved Superannuation...........................................5 Long Service Leave........................................................ 6
Intellectual Property & Moral Rights........................15
Workers’ Compensation..............................................16
Grievances.......................................................................17 Termination.....................................................................17 Looking after your career...........................................17
Checklist........................................................ 18
Facilities for Casual Staff............................................... 6
Getting the most out of your union membership................................................. 19
When You Start Work................................... 7
What is my local Branch?............................................19
Letter of Appointment...................................................7
When should I contact the Union?.........................19
Tax & Employee/Salary Number............................... 8
Getting involved.............................................................19
Getting paid on time..................................................... 8
What can NTEU do for me?.....................20
Once You’re At Work.................................... 9
Industrial advice............................................................20
Pay....................................................................................... 9
Lobbying Government...............................................20
Tutorials............................................................................. 9
Enterprise Bargaining.................................................20
Lectures.............................................................................. 9
Membership Benefits..................................................20
Marking.............................................................................. 9
Communication with Members...............................21
Full subject coordination........................................... 10
What if my supervisor is an NTEU member?.......21
Other Required Academic Activity......................... 10
Welcome Welcome to the 6th edition of Smart Casuals for the University of Canberra. 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.
Alison Barnes, NTEU National President
Smart Casuals is a publication of the National Tertiary Education Union (NTEU). 6th edition. ISBN 978-0-9946377-0-3 All Rights Reserved © 2021. 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 www.unicasual.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 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.
Special rates for casuals/sessionals For casual/sessional staff, NTEU fees are set at four levels, based on your estimated earnings. These low casual rates, established in recognition of the unpredictability of casual pay and work, afford you full NTEU membership. All values include GST. Union dues are fully tax deductible. Estimated annual salary range Under $20,000
Monthly
Quarterly
Half-Yearly
Annually
$8.67
$26
$52
$104
$13
$39
$78
$156
$20,000 – less than $30,000 $30,000 – less than $50,000
$17.33
$52
$104
$208
$50,000 or more
$21.67
$65
$130
$260
How to contact NTEU NTEU has a staffed office at every Australian university. The office provides a range of information, including membership forms, industrial advice and more details on your employment entitlements, and membership entitles you to a range of benefits and discounts.
NTEU UC Branch Room 2.07, Anthony Low Building, Acton Campus, Australian National University Phone: 02 6125 2043 Email: canberra@nteu.org.au Website: www.nteu.org.au/canberra
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NTEU is your Union
How to join NTEU Choose any method: • Fill in the form at the back of this booklet. • Contact or visit your local NTEU Branch office. • Join online or download a form at
nteu.org.au/join
Smart Casuals
NTEU and casuals What’s the problem with casual employment? Casual academic employment constitutes more than 50% of all undergraduate teaching across the Australian university sector. While casual employment sometimes provides employees with important flexibility and can be seen as a ‘foot in the door’ to more permanent academic 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 academic employment is sometimes like a treadmill: sessionals are often re-engaged to perform casual work year after year rather than appointed to entry-level fixed term or continuing academic positions. 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 9.5%). Once account is taken of the amount of time needed for duties such as preparation, administration and student consultation, many academic casuals 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 academic casual employees? Since the 90s, higher education has experienced 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 recent round of bargaining, NTEU focussed on casuals and providing as many opportunities for on-going teaching work (to replace casual work) where possible.
www.unicasual.org.au
NTEU and casuals
3
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.
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. You should contact your NTEU Branch office if you have any questions or enquiries.
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
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Being a casual
Smart Casuals
Your Rights This 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 Averaged over the preceding 12 months, 30% of all education focused appointments must have been either casual or fixed-term Employees in the Australian higher education sector in the three (3) years previous to their appointment. Casual Academic Employees may apply for conversion to fixed-term, continuing employment or contingent continuing employment. Expressions of interest for conversion will be undertaken annually and considered at the University’s discretion, taking into account: • Regular and systematic employment over typically three (3) years length of service as a casual Employee. • Having regard to the teaching performance. • Recommendation by the relevant academic Head of School. • Type of work performed is requisite to a continuing academic appointment. • The Employee’s level of performance and conduct at work; and • Any other circumstances the University considers appropriate.
Separate Pay for Marking 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.
Increased Casual Loading All casual staff are now paid a casual loading of 25%. The casual loading is paid in lieu of many of the paid leave entitlements provided to continuing staff.
Improved Superannuation Casual Employees may opt to have salary converted to superannuation, consistent with University policy.
www.unicasual.org.au
Your Rights
5
Long Service Leave A casual employee who completes a period of continuous service of at least 7 years is entitled to Long Service Leave in accordance with the Long Service Leave Act 1976. An interruption of an employee’s service of longer than 2 months does not break the continuity of service if the interruption is caused by the seasonal nature of the work, such as breaks between one teaching period and the next teaching period.
Facilities for Casual Staff Casual Academic Staff will be given access to a desk, a mail box, electronic communication and photocopy facilities where these items are necessary for the efficient performance of duties.
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Your Rights
Smart Casuals
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 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. • A statement that they may have a right to apply for their appointment to be converted to a non-casual appointment • 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. 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.
www.unicasual.org.au
When You Start Work
7
Tax & Employee/Salary Number Make sure you provide your tax file number to the person responsible for administering your wages. 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 your local NTEU 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.
Tutorials A tutorial includes the provision of education activities to a smaller ‘discussion based’ group of students enrolled in a particular unit. Tutorials are usually less formal than a lecture and may include teaching via equivalent modes of delivery to ‘face to face’ such as flexible, intensive, blended learning and via on- line/distance education media. Tutorials may be structured to provide and discuss learning activities that support the content of a lecture, other aspects of the unit of study or be more free-flowing enabling collaboration between student peers. Tutorials involve a much higher level of interaction than a lecture. Casual Academic Staff required to deliver or present a tutorial (or equivalent delivery through other than face-to-face teaching mode) of a specified duration as well as directly associated non-tutorial duties in the nature of preparation, contemporaneous marking and student consultation will be paid at a rate for each hour of tutorial delivered.
Lectures A lecture includes the provision of education activities to a large group of students including teaching via equivalent modes of delivery to ‘face to face’ and of equivalent duration such as flexible, intensive, blended learning and via on-line/distance education media. A lecture provides students with an overview of essential knowledge and typically includes formal structured presentations. Casual Academic Staff required to provide a lecture (or equivalent delivery through other than face-to- face teaching mode) of a specified duration as well as directly associated non-lecture duties in the nature of preparation, contemporaneous marking and student consultation will be paid at a rate for each hour of lecture delivered.
Marking Except in the case of Contemporaneous Marking, all marking requested to be undertaken by the University that forms part of the formal assessment for the subject or course will be paid for at the prescribed marking rate. Contemporaneous Marking is any marking that is undertaken during a lecture, tutorial or clinical session or which could reasonably have been done in paid time associated with that lecture, tutorial or clinical session. This marking attracts no additional payment.
www.unicasual.org.au
Once You’re At Work
9
Full subject coordination ‘Full subject coordination’ normally includes most or all of the following: • Oversight of the content of all teaching delivered in the subject, including lectures, tutorials and workshops. • Coordination of the work of any other staff involved in the subject. • Allocation of staff to tutorials and/or lectures. • Maintenance of class lists • Compilation and moderation of results; and • Oversight of the preparation and distribution of information for students.
Other Required Academic Activity Other required academic activities include other work that is required to be performed by casual Academic Staff, including but not limited to: • Access to three (3) hours of paid professional development per annum to staff employed to deliver twelve (12) or more hours of teaching (lectures / tutorial) in a single semester. This will include one (1) hour of Induction and two (2) hours of teaching and learning best practice and scholarship. • The conduct of practical classes, demonstrations, workshops, student field excursions; • The conduct of clinical sessions other than clinical nurse education; • The conduct of performance or visual art studio sessions; • Musical coaching, repertoireship, musical accompanying other than with special educational service; • Development of teaching and subject materials such as the preparation of subject guides, reading lists and basic activities associated with subject coordination; • Consultation with students beyond that normally expected of the appropriate rate; • Supervision of postgraduate students; and • Attendance at departmental and/or faculty meetings as required.
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Once You’re At Work
Smart Casuals
Rates The following base rates are used as the foundation for the casual academic pay rate formulae: Base Rate
Formula
AA
Level B Step 2
7 X
365.25 BB
+ 25% 37.5
Level A Step 6
7 X
365.25 CC
+ 25% 37.5
Level A Step 2
7 X
365.25
+ 25% 37.5
Rate
Incidence
Base Rate formula
Rate A
Basic lecture
AA x 3
• one (1) hour of delivery and • two (2) hours of associated working time. Rate B
Developed lecture
AA x 4
• one (1) hour of delivery and • three (3) hours of associated working time. Rate C
Specialised lecture (Distinguished Scholar)
AA x 5
• one (1) hour of delivery and • four (4) hours of associated working time. Rate D
Repeat lecture (within the same teaching period)
AA x 2
• one (1) hour of delivery and • one (1) hour of associated working time. Rate E
Tutorial
CC x 3
• one (1) hour of delivery and • two (2) hours of associated working time. Rate F
Repeat tutorial (within the same teaching period)
CC x 2
• one (1) hour of delivery and • one (1) hour of associated working time.
www.unicasual.org.au
Rates
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Rate
Incidence
Base Rate formula
Rate G
Tutorial (unit coordinator and/or PhD qualification held)
BB x 3
• one (1) hour of delivery and • two (2) hours of associated working time Rate H
Repeat tutorial (unit coordinator and/or PhD qualification held, and within the same teaching period)
BB x 2
• (one (1) hour of delivery and • one (1) hour of associated working time Rate M
Marking as a supervising examiner or marking requiring a significant exercise of academic judgement appropriate to an Academic Level B.
AA x 1
Rate N
Standard marking.
CC x1
Rate O
Standard marking in circumstances where full subject coordination duties are required as part of normal duties or the Employee holds a relevant doctoral qualification.
BB x 1
Rate P
Other required academic activities include other work that is required to be performed by casual Academic Staff, including but not limited to:
CC x 1
• Access to three (3) hours of paid professional development per annum to staff employed to deliver twelve (12) or more hours of teaching (lectures / tutorial) in a single semester. This will include one (1) hour of Induction and two (2) hours of teaching and learning best practice and scholarship. • The conduct of practical classes, demonstrations, workshops, student field excursions; • The conduct of clinical sessions other than clinical nurse education; • The conduct of performance or visual art studio sessions; • Musical coaching, repertoireship, musical accompanying other than with special educational service; • Development of teaching and subject materials such as the preparation of subject guides, reading lists and basic activities associated with subject coordination; • Consultation with students beyond that normally expected of the appropriate rate; • Supervision of postgraduate students; and • Attendance at departmental and/or faculty meetings as required.
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Rates
Smart Casuals
Things to Know Automatic Travel to Work Insurance NTEU believes our members should not be put at risk of financial hardship as a result of simply travelling to and from work. NTEU has purchased a journey to work/outside working hours/workcover top-up insurance for all members. It provides cover in the case of an accident that occurs when travelling to and from work, at lunch times, and where you are otherwise not covered by existing workers’ compensation legislation. This is designed to ensure you are covered in the case of injury where there are gaps in government schemes. www.nteu.org.au/traveltowork
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. Contingent Continuing Assistant Professors are broadbanded across Level B and Level C. 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. 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. www.unisuper.com.au
www.unicasual.org.au
Things to Know
13
Leave Under our Agreements, the casual loading is paid in lieu of most types of leave received by other employees.
Parental Leave Eligible Employees (including casual Employees under section 67(2) of the Act) are entitled to the various forms of parental leave. Casual Employees and Employees with less than twelve (12) months service will receive pro rata paid 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. In addition to this entitlement, the Federal Government’s Paid Parental Leave Scheme 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.
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.
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Things to Know
Smart Casuals
Intellectual Property & Moral Rights 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. 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.
Academic Freedom Casual academics should have the same rights and responsibilities with respect to academic freedom as ongoing and fixed term academic staff. For Academic Staff, intellectual freedom includes: a. The right of all Academic Staff to pursue critical and open enquiry and to disseminate their views in areas of their academic expertise, within the law, without fear or favour. b. The right of all Academic Staff to participate in professional and representative bodies, including the NTEU, and engage in community service without academic-related fear of harassment, intimidation and unfair treatment; and c. Procedures to protect Academic Staff from arbitrary dismissal for exercising the above rights. NTEU has campaigned hard to ensure that Enterprise Agreements enshrine intellectual/ academic 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.
www.unicasual.org.au
Things to Know
15
Health and Safety Under ACT 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. The University has 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.
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Things to Know
Smart Casuals
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. If you experience any form of harassment or discrimination, make sure you contact your local NTEU Branch office for advice and assistance. The University has a policy regarding workplace bullying. 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 academic staff started their academic careers as casual staff. The teaching experience gained from casual tutoring and demonstrating can be invaluable when applying for permanent academic positions. Make sure you keep an accurate record of your teaching experience, including tutorial / demonstration outlines, copies of any course materials you have developed, student evaluations etc. It’s also a good idea to get a reference from your supervisor at the end of the semester.
www.unicasual.org.au
Things to Know
17
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.
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Checklist
Smart Casuals
Getting the most out of your union membership What is my local 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 casual staff representative and Branch President. www.nteu.org.au/uc
When should I contact the Union? You don’t have to deal with difficult and complex employment matters on your own. NTEU has paid staff and delegates who can help you devise a strategy for dealing with these issues, and assist in making you aware of your rights and options in confidence. The NTEU can also work with you to investigate whether the issues are broader and can help to collectively organise casual staff encountering similar issues. NTEU gives members confidential advice, and we will not raise individual cases with management without the member’s permission. You should raise any concerns you have about your work, workplace or conditions with the Union as soon as possible.
Getting 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 keeping in touch through 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 and an Aboriginal & Torres Strait Islander members’ forum, and the Queer Unionists in Tertiary Education (QUTE) network. www.nteu.org.au/myunion/about_us/committees If you are interested in any of these events your Branch can give you information about getting involved. Elections for Branch Committee and other positions are held every two years, and casual members are eligible to both run and vote in these elections. www.nteu.org.au/myunion/get_involved
www.unicasual.org.au
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!
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. www.nteu.org.au/join/benefits
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What can NTEU do for me?
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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 digital magaizne, Sentry, is sent to all members every month (other than those in which Advocate is pubkished). 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.nteu.org.au/sentry www.unicasual.org.au/publications/connect www.nteu.org.au/agenda www.aur.org.au
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.
www.unicasual.org.au
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www.nteu.org.au/uc
www.unicasual.org.au