Smart Casuals (SCU)

Smart Casuals NTEU HANDBOOK FOR CASUAL AND SESSIONAL ACADEMIC STAFF AT SOUTHERN CROSS UNIVERSITY

www.unicasual.org.au

www.nteu.org.au/scu

INSIDE Welcome...................................................1 NTEU is your Union............................ 2

Casual Tutoring.................................................... 9 Music Accompanying...................................... 10 Undergraduate Clinical Nurse Education.. 10

How to contact NTEU........................................ 2

Casual Marking................................................... 10

How to join............................................................. 2

Other required academic activities.............. 10

Special rates for casuals/sessionals................ 2

Rates......................................................... 11

NTEU and casuals................................. 3 What’s the problem with casual employment?........................................................ 3

Things to Know....................................13 The A to E of Academic Staff...........................13

What is NTEU doing for academic casual employees?............................................................. 3

Superannuation...................................................13

Being a casual ....................................... 4

Parental Leave......................................................14

How is casual employment different from other employment?............................................. 4

Collegiality.............................................................14

Where do your rights come from?................. 4

Leave.......................................................................13 Student Evaluation of Teaching.....................14 Intellectual property...........................................15

What is a Sessional?............................................. 4

Intellectual Freedom..........................................15

Your rights............................................... 5

Workers’ Compensation.................................. 16

Health and Safety............................................... 16

Opportunities for more secure employment.......................................................... 5

Equal Employment Opportunity.................. 16

Early Career Development Fellowships (ECDFs)..................................................................... 5

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

Separate Pay for Marking................................... 5 Increased Casual Loading................................. 6 Payment for Attendance at Meetings............ 6 Improved Superannuation............................... 6 Parental Leave....................................................... 6 Facilities for Casual Staff.................................... 6

Harassment and Bullying.................................17 Termination..........................................................17 Looking after your career.................................17

Casual’s Checklist............................... 18 Getting the most out of your union membership......................................... 19

Recognition for Research Publications........ 6

What is my Local Union Branch?................. 19

Other improvements...........................................7

When should I contact the Union?.............. 19

When You Start Work........................... 8

What if my supervisor is also an NTEU member?............................................................... 19

Letter of Appointment........................................ 8

What does the Union do?.................20

Tax File Number & Employee/Salary Number................................................................... 8 Getting Paid on Time.......................................... 9

Once You’re At Work............................ 9 Pay............................................................................. 9 Casual Lecturing.................................................. 9

Industrial Advice................................................20 Lobbying Government.....................................20 Enterprise Bargaining.......................................20 Communication with Members....................21 Membership Benefits.........................................21

How to get Involved........................... 22

Welcome Welcome to the 4th edition of Smart Casuals for Southern Cross University.

Working as an academic casual is an exciting opportunity and can be personally and professionally rewarding. For some of you it is a stepping stone to an academic career.

For others it may be an opportunity to share with university students your professional knowledge.

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 and we can assist you in this. Get involved in the Union so we can represent your and your colleagues’ interests even more effectively. See www.unicasual.org.au for full details.

Jeannie Rea, NTEU National President

Smart Casuals is a publication of the National Tertiary Education Union (NTEU). 4th edition.

All Rights Reserved © 2011. ISBN 978-0-9806500-2-0 Editors: National Industrial Unit, Simon Kempton Production: Paul Clifton Original design: Andrew Li

For more information, please contact the NTEU National Office Post: Phone: Fax: Email: Web:

PO Box 1323, Sth Melbourne VIC 3205 (03) 9254 1910 (03) 9254 1915 national@nteu.org.au www.nteu.org.au

www.unicasual.org.au

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

NTEU is active around a broad range of professional and industrial issues of concern to tertiary education workers, and has a team of specialist research, industrial, recruitment and campaign staff maintaining high-level expertise and providing assistance direct to the membership. Members also can save money by accessing a wide range of services and benefits.

How to join

Special rates for casuals/sessionals

Choose any method:

For casual/sessional staff, NTEU fees are set at three levels, based on your estimated earnings. These low casual rates, established in recognition of the unpredictability of casual pay rates and work, afford you full NTEU membership. All values include GST. Your union fees are fully tax deductible.

• 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 www.nteu.org.au/join

Estimated salary range

6 month fee

12 month fee

$10,000 and under

$27.50

$55.00

$10,001 – $20,000

$38.50

$77.00

Over $20,000

$55.00

$110.00

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 SCU Branch Office: Room E303, Lismore Campus, Southern Cross University Phone: 02 6620 3297

Fax: 02 6626 9486

Email: scu@nteu.org.au

Website: www.nteu.org.au/scu

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Smart Casuals: Southern Cross University

NTEU and casuals What’s the problem with casual employment?

While casual employment sometimes provides employees with important flexibility and can be seen as a “foot in the door” to more permanent academic employment, being a casual also can 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 often are re-engaged to perform casual work year after year, rather than appointed to entry-level fixed-term.

Often there can 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 (up from 23% in the old Agreement), this often fails 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-guarantee superannuation (permanent academic staff in universities receive 17% superannuation, whereas casuals receive only 9%).

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 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 that universities provide opportunities for casuals to obtain 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.

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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 your 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.

When someone at Southern Cross refers to a Casual Academic or a Sessional, usually they are referring to the same form of employment.

You should contact the SCU Branch office if you have any questions or enquiries.

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Smart Casuals: Southern Cross University

Your rights Below is a list of the new rights enjoyed by casual employees at your university as a direct result of casual staff joining the NTEU and being active.

Opportunities for more secure employment The Southern Cross University Enterprise Agreement provides for the establishment of an academic working party to promote career paths for academic casuals. The working party will ensure that there are appropriate criteria for the use of casual staff, including appropriate limitations and restrictions in order to provide more secure forms of employment. As part of this commitment, University management will be required to report annually to the joint union and management consultative forum on the number of casual academic employees as a proportion of all staff.

Early Career Development Fellowships (ECDFs) A major gain achieved by NTEU in the latest Enterprise Agreement has been the creation of Early Career Development Fellowships. During the term of the Agreement, the university will advertise opportunities for existing casual academic employees to apply for ECDFs. An ECDF will be a standard teaching and research academic fixed-term contract of two years duration.

To be eligible to apply, casual staff as a minimum must have been awarded a PhD and must have performed casual teaching work for the University in three entire teaching sessions over the preceding two years. ECDFs will be awarded on academic merit and are available only to internal candidates Your NTEU Branch will support casual NTEU members to secure ECDFs. Prospective candidates should contact the NTEU Branch office for more information.

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 now is paid separately at the prescribed marking rate.

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Increased Casual Loading All casual staff now are paid a casual loading of 25% (up from 23%). The casual loading is paid in lieu of many of the paid leave entitlements provided to continuing staff.

Payment for Attendance at Meetings A casual academic employee will be entitled to attend whole-of-academic work unit meetings called by the head of the work unit and will be paid at the applicable hourly rate as stipulated in the Enterprise Agreement.

Improved Superannuation If you earn a minimum of $450 a month, the University will make a 9% superannuation contribution on your behalf into an accumulation account with UniSuper Limited, as required under the Superannuation Guarantee Legislation.

If you earn less than this, but meet the threshold of earning $2,416 for a six-month period (this figure is indexed annually as at 1 January), the University will contribute 3% into an accumulation account with UniSuper Limited.

Subject to restrictions that apply for employees aged 65 and over, you also have the option to make additional voluntary superannuation contributions. Further information about UniSuper Limited, your accumulation account and restrictions that apply to voluntary contributions from age 65, is available from the UniSuper website.

Parental Leave Casual employees will not be discriminated against in relation to employment at the University as a result of pregnancy or family responsibilities.

Facilities for Casual Staff All academic casuals will be provided with the following resources and facilities during the term of their employment contract: • All requisite teaching and learning materials • Library card • Out of hours access • Email account • Network and intranet access • Inclusion in the University’s telephone book and online staff directory • Guaranteed access to a computer, telephone and desk during scheduled hours.

Recognition for Research Publications Unless agreement has been reached between the University and the casual academic employee on remuneration in respect of producing the relevant work, the University shall not:

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Smart Casuals: Southern Cross University

• Require a casual academic employee to describe herself or himself as an employee of the University in any publication, or refereed journal article written by that employee, or in connection with any creative work of the employee created during the period of a contract.

• List the publication, refereed journal article, or creative work of a casual academic employee in any list, report, or promotional material issued by the University, which contains the publications, journal articles, or creative works of employees of the University.

• Include the publication, refereed journal article, or creative work of a casual academic employee in the University’s profile for any institutional grants scheme allocations.

Where the University is listed as the casual academic author’s address, they will qualify for the University’s publications bonus or incentive schemes.

Other improvements • Hours allocated and paid for undertaking ‘other required academic activities’ will take into account the total activity required for that task, which may include directly associated duties such as preparation, set-up, organisation and administration, travel and marking.

• Unit assessor duties will not be undertaken by casual academic employees except in exceptional circumstances.

• A casual academic employed to develop teaching and learning materials such as flexible learning resources in print, digital, online or other multimedia normally will be engaged on a writer’s contract and remunerated accordingly.

• A casual academic employee required to attend marking moderation meetings will be paid at the applicable hourly rate as stipulated in the Agreement.

• A casual academic employee who is required to work online in order to download student assignments, to upload marked assessment items and/or to enter grades will be paid at the applicable hourly rate as stipulated in the Agreement.

• A casual academic employee who is required to maintain contact with, or answer enquiries from students, whether face-to-face or through a different mode will be paid at the applicable hourly rate as stipulated in accordance with the appropriate workload allocation model.

• Where a casual academic employee is paid in accordance with the Level A to Level E salary rates, they will be entitled to incremental progression.

• Casual academic employees who obtain continuing or fixed-term employment with the University at the same academic level as their casual contract will be appointed at no less than the relevant incremental step of their casual contract.

• Casual academic employees will be able to apply for internally advertised academic positions.

• Casual academic employees will be able to apply for internal funding opportunities, including grants and professional development funds, on the same basis as continuing academic staff.

• Reimbursement of costs directly associated with information and communications technology resources used by casual academic employees to undertake approved contracted hours off campus may be negotiated with the relevant head of work unit.

• Casual academic employees employed to undertake lecturing, tutoring or demonstrating duties of at least one contact hour per week for a complete teaching period, and who have not previously been employed by the University, will be entitled to payment at the ‘other academic duties’ rate as stipulated in the Agreement to undertake the University’s formal induction program.

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When You Start Work Letter of Appointment Usually you will be given a letter of appointment either before or when you start work. Often this is referred to as a ‘Casual Contract’ or ‘Record of Casual Appointment’. 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. If weeks pass and you still haven’t received a letter of appointment, you should follow it up with your supervisor.

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

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

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

• Rates of pay for each type of duty required.

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

• Other main conditions of employment like reporting relationships and details of the Enterprise Agreement.

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.

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

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.

Tax File Number & Employee/Salary Number Ensure 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.

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Smart Casuals: Southern Cross University

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.

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 that 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.

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.

Casual Lecturing A casual academic employee required to provide a lecture (or equivalent delivery in any medium but typically face to face) of a specified duration, and relatedly provide directly associated non-contact duties in the nature of preparation, marking of student work completed during the lecture and student consultation, will be paid at a rate for each hour of lecture delivered according to the rates below.

Lecture means any educational delivery described as a lecture in a course or unit outline, or in an official timetable issued by the employer.

Casual Tutoring A casual academic employee required to deliver or present a tutorial (or equivalent delivery through other than face-to-face teaching mode) of a specified duration and relatedly provide directly associated non-contact duties in the nature of preparation, marking of student work

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completed during the tutorial/laboratory session and student consultation will be paid at a rate for each hour of tutorial delivered or presented according to the rates below.

Tutorial means any educational delivery described as a tutorial in a course or unit outline, or in an official timetable issued by the employer.

Music Accompanying Music accompanying means the provision of music 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.

Undergraduate Clinical Nurse Education A casual academic employee required to provide undergraduate clinical nurse education with directly associated non contact duties in the nature of preparation, marking of student work completed during the clinical education and student consultation will be paid at a rate for each hour of clinical nurse education delivered according to rates below. Undergraduate clinical nurse education means the conduct of undergraduate nurse education in a clinical setting.

Casual Marking Marking of student assessment will be paid on an hourly basis (unless conducted in the lecture, tutorial or demonstration) calculated in accordance with the workload allocation model as provided in the Agreement.

Other required academic activities A casual academic employee required to undertake other academic activities will be paid at a rate for each hour to perform work in the nature of, but not limited to: • 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 Unit administration.

• Consultation with students.

• Supervision.

• Attendance at departmental and/or faculty meetings as required.

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Smart Casuals: Southern Cross University

Rates Activity

Current Rate

4% payable from first pay on or after 1 Oct 2011

4% payable on 30 June 2012

4% payable on 30 June 2013

Basic Lecture consists of 1 hour delivery and 2 hours of associated working time

$148.83

$154.80

$160.98

$ 167.43

Developed Lecture consists of 1 hour delivery and 3 hours of associated working time

$198.44

$206.40

$214.64

$223.24

Specialised Lecture consists of 1 hour delivery and 4 hours of associated working time

$248.05

$258.00

$268.30

$279.05

Repeat Lecture consists of 1 hour delivery and 1 hour of associated working time

$99.22

$103.20

$107.32

$111.62

Tutorial (1 hour delivery and 2 hours of associated working time)

$106.62

$110.91

$115.32

$119.94

Repeat tutorial (1 hour delivery and 1 hour of associated working time)

$71.08

$73.94

$76.88

$79.96

Tutorial (1 hour delivery and 2 hours of associated working time) where full unit assessor duties are included or the employee holds a relevant doctoral qualification

$127.20

$132.30

$137.58

$143.07

Repeat tutorial (1 hour delivery and 1 hour of associated working time) where full unit assessor duties are included or the employee holds a relevant doctoral qualification

$84.80

$88.20

$91.72

$95.38

Music accompanying (1 hour of delivery and 1 hour of associated working time)

$71.08

$73.94

$76.88

$79.96

Music accompanying (1 hour of delivery and 1 hour of associated working time) where full unit assessor duties are included or the employee holds a relevant doctoral qualification

$84.80

$88.20

$91.72

$95.38

Lecturer

Tutor

Music Accompanying

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Activity

Current Rate

4% payable from first pay on or after 1 Oct 2011

4% payable on 30 June 2012

4% payable on 30 June 2013

Clinical nurse education - normal preparation (1 hour delivery and 1 hour of associated working time)

$71.08

$73.94

$76.88

$79.96

Clinical nurse education - little preparation (1 hour delivery and 0.5 hour of associated working time)

$53.31

$55.46

$57.66

$59.97

Clinical nurse education - normal preparation (1 hour delivery and 1 hour of associated working time) where full unit assessor duties are included or the employee holds a relevant doctoral qualification

$84.80

$88.20

$91.72

$95.38

Clinical nurse education - little preparation (1 hour delivery and 0.5 hour of associated working time) where full unit assessor duties are included or the employee holds a relevant doctoral qualification

$63.60

$66.15

$68.79

$71.54

When marking and grading student assessment items do not require a significant exercise of academic judgement

$35.54

$36.97

$38.44

$39.98

Where a significant exercise of academic judgement is required

$35.54

$36.97

$38.44

$39.98

Marking where full unit assessor duties are required or the employee holds a relevant doctoral qualification

$42.40

$44.10

$45.86

$47.69

Other activity

$35.54

$36.97

$38.44

$39.98

Other activity where full unit assessor duties are required or the employee holds a relevant doctoral qualification

$42.40

$44.10

$45.86

$47.69

Clinical Nurse Education

Marking

Other Academic Activity

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Smart Casuals: Southern Cross University

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 SCU’s Human Resources Management.

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 that new contributions be made directly to your account with UniSuper.

The university has superannuation officers who can advise you about your superannuation options. However, if you think that you may be missing out, then contact NTEU.

Leave Under our Agreements, the casual loading is paid in lieu of most types of leave received by other employees.

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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 commenced on 1 January 2011 and provides 18 weeks’ payment at the Federal minimum wage.

Some casual employees will be able to qualify for this payment. One of the key determinants for eligibility to the Paid Parental Leave payment as a casual staff member is whether you satisfy the Government’s ‘Work Test’.

As the eligibility for the Government’s paid parental leave payment is different to the eligibility for 12 months’ unpaid parental leave under the National Employment Standards, it is crucial that you obtain expert advice from your Union office about your own situation.

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 that 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.

Southern Cross University casuals also will be meeting on a regular basis for a social event organised by the Southern Cross University NTEU Branch, offering a relaxing environment to meet casual colleagues.

For more information please contact the NTEU Branch office.

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Smart Casuals: Southern Cross University

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.

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 not to have authorship of a work falsely attributed.

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

If an intellectual property issue arises in relation to your employment, make sure that 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: • Pursue critical and open inquiry.

• Participate in public debates and express opinions about their discipline or profession, general social issues and higher education issues.

• Participate in decision making processes within the University via appropriate representation on University committees.

• Participate in professional and representative bodies, including trade unions, without fear of harassment or intimidation.

• Undertake all aspects of their role without fear of harassment, bullying, intimidation or unfair treatment.

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.

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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 from 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.

• Safety and Security Officers are available to escort you between your workplace and vehicle if you are working after hours. If you are working alone, you should notify Security of your location and how long you expect to be there.

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.

Also you should contact your NTEU Branch immediately for further advice and assistance.

Equal Employment Opportunity Federal and State Laws designed to protect employees from discriminatory employment practices cover universities.

These laws protect people from discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, absence from work during maternity leave or other parental leave, religion, political opinion, trade union membership or activity, national extraction or social origin.

If you are denied employment or employment entitlements, or are terminated because of a characteristic associated with one of these protected categories, you have a right to seek compensation. You should contact your local NTEU Branch office immediately.

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Smart Casuals: Southern Cross University

Harassment and Bullying Unfortunately, harassment and bullying sometimes can 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. The University has a policy regarding workplace bullying.

If you experience any form of harassment or discrimination, make sure that 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 often are not properly applied.

Termination If you have been employed on a regular and systematic basis for six months or more (eg 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 to 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 that 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

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Casual’s Checklist ❏❏

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

❏❏

Finalise your employment details as quickly as possible to avoid missing a pay period.

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

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Provide your tax file number to the person responsible for administering your pay.

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

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Consider getting advice from the university’s superannuation officer or financial advice before making any decisions about superannuation www.unisuper.com.au.

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Download a copy of your Enterprise Agreement from the NTEU website for reference www.nteu.org.au/rights/agreements.

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Make sure that you have access to work facilities (desk, computer, email, photocopying, office space etc).

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Clarify anything of which you may be unsure of in relation to your duties with your supervisor as soon as possible, preferably in writing.

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Note down any extra hours worked over and above your allocated paid hours.

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Keep copies of all your students’ teaching evaluation questionnaires.

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Report any work-related illness or injury to your supervisor as soon as possible.

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Keep copies of any course materials or other work you develop as a casual academic.

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Get a reference from your supervisor at the end of the semester.

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Make sure any previous regular casual employment is counted as service for long service leave if you gain a fixed term or ongoing position.

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

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Smart Casuals: Southern Cross University

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/scu

When should I contact the Union?

You don’t need to suffer through employment problems. NTEU can help you to devise a strategy for dealing with your issues, and can assist in making you aware of your rights and options in confidence.

NTEU gives members confidential advice, and we will not raise individual cases with management without the permission of the member in question.

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

What if my supervisor is also 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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What does the Union do?

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/campaigns

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!

www.universitybargaining.org.au

20

Smart Casuals: Southern Cross University

Communication with Members Connect is the NTEU’s national publication for casual academic staff. 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.

www.nteu.org.au/advocate The women’s magazine is sent to all women members once a year.

www.nteu.org.au/women The Australian Universities’ Review, NTEU’s refereed academic journal, is published twice a year and is sent to all members who request it.

www.aur.org.au Members also receive relevant Branch and Division publications. The SCU Branch Newsletter, Wires, is produced on a regular basis and provides members with up to date information on local issues.

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

www.unicasual.org.au

21

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, a National Academic Casuals Committee and a National Education and Research Advisory Group.

www.nteu.org.au/myunion/about/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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Smart Casuals: Southern Cross University

CASUAL MEMBERSHIP FORM

NATIONAL TERTIARY EDUCATION UNION

 I want to join NTEU  I am currently a member and wish to update my details The information on this form is needed for aspects of NTEU’s work and will be treated as confidential.

YOUR PERSONAL DETAILS TITLE

|SURNAME

GIVEN NAMES HOME ADDRESS

|STATE

CITY/SUBURB PHONE |WORK INCL AREA CODE

HOME PHONE INCL AREA CODE

|POSTCODE

|DATE OF BIRTH

MOBILE

| MALE  FEMALE

EMAIL HAVE YOU PREVIOUSLY BEEN AN NTEU MEMBER?

 YES: AT WHICH INSTITUTION?

ARE YOU AUSTRALIAN ABORIGINAL/TORRES STRAIT ISLANDER?  YES

YOUR CURRENT EMPLOYMENT DETAILS

|CAMPUS

INSTITUTION/EMPLOYER

|DEPT/SCHOOL

FACULTY

 SESSIONAL ACADEMIC  GENERAL/PROFESSIONAL STAFF CASUAL You may resign by written notice to the Division or Branch Secretary. Where you cease to be eligible to become a member, resignation shall take effect on the date the notice is received or on the day specified in your notice, whichever is later. In any other case, you must give at least two weeks notice. Members are required to pay dues and levies as set by the Union from time to time in accordance with NTEU rules. Further information on financial obligations, including a copy of the rules, is available from your Branch. ‡Associated bodies: NTEU (NSW); University of Qld Academic Staff Association (Union of Employees) at UQ; Union of Australian College Academics (WA Branch) Industrial Union of Workers at Edith Cowan University & Curtin University; Curtin University Staff Association (Inc.) at Curtin University; Staff Association of Edith Cowan University (Inc.) at ECU Office use only: Membership no.

PAYMENT DETAILS

|STEP/INCREMENT IF KNOWN

Pay by cheque, money order or credit card

CHOOSE YOUR SALARY RANGE  SELECT PERIOD OF MEMBERSHIP  TICK APPROPRIATE BOX Salary range

6 months

12 months

$10,000 & under: $10,001–$20,000: Over $20,000:

  

 $55  $77  $110

$27.50 $38.50 $55

 PLEASE ACCEPT MY CHEQUE/MONEY ORDER

OR

PAY BY CREDIT CARD:

NAME ON CARD CARD NO.

— — — — — — — — — — — — — — — —

EXPIRY SIGNATURE

|  MASTERCARD  VISA |$ |DATE

Description of goods/services: NTEU Membership Dues. To: NTEU, PO Box 1323, Sth Melbourne VIC 3205

YOUR EMPLOYMENT GROUP

|LEVEL LECTB, HEW4



POSITION

|MAIL/ BLDG CODE

I hereby apply for membership of NTEU, any Branch and any associated body‡ established at my workplace.

SEND SIGNED FORM TO NTEU

SIGNATURE

POST:

PO Box 1323, South Melbourne VIC 3205

FAX:

(03) 9254 1915

DATE

EMAIL: national@nteu.org.au