Smart Casuals (UNSW)

Smart Casuals NTEU HANDBOOK FOR CASUAL AND SESSIONAL ACADEMIC STAFF AT UNSW

www.unicasual.org.au www.nteu.org.au/unsw

INSIDE Welcome.................................................... 1 NTEU is your Union............................. 2 How to contact NTEU..........................................2 How to join...............................................................2 Special rates for casuals/sessionals..................2

NTEU and casuals...................................3 What’s the problem with casual employment?..........................................................3 What is NTEU doing for academic casual employees?...............................................................3

Being a casual ........................................ 4 How is casual employment different from other employment?...............................................4 Where do my rights come from?......................4

Your rights.................................................5 Opportunities for more secure employment............................................................5 Separate Pay for Marking.....................................6 Increased Casual Loading................................... 7 Long Service Leave................................................ 7 Parental Leave......................................................... 7 Facilities for Casual Staff......................................8

When You Start Work............................ 9 Letter of Appointment..........................................9 Tax File Number and the Employee/Salary Number...................................................................10 Getting paid on time...........................................10

Once You’re At Work............................ 11 Pay..............................................................................11 Types of casual work............................................11 Demonstration...................................................... 12 Other Duties........................................................... 12 Additional Casual Duties................................... 12

Rates..........................................................13 1. Casual Lecturer - Per one-hour lecture... 13 2. Casual Tutorial - Per one-hour tutorial... 14 3. Demonstration & Other Duties - Per Hr.. 15

4. Casual Marking - Per hour........................... 15 5. Clinical................................................................. 16 6. Music Accompanying.................................... 16

Things to Know.....................................17 The A to E of Academic Staff............................ 17 Superannuation.................................................... 17 Parental Leave....................................................... 17 Student Evaluation of Teaching......................18 Collegiality..............................................................18 Intellectual property............................................18 Intellectual Freedom........................................... 19 Health and Safety................................................. 19 Workers’ compensation.................................... 20 Equal employment opportunity..................... 20 Harassment and Bullying................................. 20 Grievances............................................................. 20 Termination........................................................... 21 Looking after your career.................................. 21

Casual’s Checklist................................ 22 Getting the most out of your union membership.......................................... 23 What is my Local Union Branch?...................23 When should I contact the Union?................23 What if my supervisor is an NTEU member?.................................................................23

What does the Union do?.................. 24 Industrial Advice................................................. 24 Lobbying Government...................................... 24 Enterprise Bargaining........................................ 24 Communication with Members.....................25 Membership Benefits..........................................25

How to get Involved............................ 26 Membership Form............................... 27

Welcome Welcome to the 4th edition of Smart Casuals for UNSW. 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 © 2013. ISBN 978-0-9806500-2-0 Editors: National Industrial Unit, Richard Bailey 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 can also 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.

The office provides a range of information you might need, including membership forms and industrial advice about your employment entitlements.

The UNSW Branch has two paid organisers, Kiraz Janicke (9385 2493) who works full-time and Richard Bailey (9385 2479) who works 11am-5pm Mon-Wed. Although both staff members can help you, Richard is currently working with UNSW casual members to build our casual campaign for 2013 and beyond.

Rm 1211 Mathews Building, Kensington Campus, University of NSW Phone: 02 9385 2479

Fax: 02 9385 2570

Email: unsw@nteu.org.au Website: www.nteu.org.au/unsw

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Smart Casuals: University of NSW

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 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 now receive a 25% loading under your new enterprise agreements 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-guarantee superannuation (permanent academic staff in universities receive 17% superannuation, whereas casuals only receive 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 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.

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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 to compensate for some of the leave and other entitlements casual employees do not receive.

Where do my rights come from?

Your rights as an employee are established by legislation, in the relevant Enterprise Agreement, in University policy and in your letter of appointment. Professional staff are covered by the UNSW Enterprise Agreement (Professional Staff) 2010 and academic staff are covered by the UNSW Enterprise Agreement (Academic Staff) 2011. Although many of the conditions in the two agreements are common to both, the NTEU vigorously opposed the signing of the current enterprise agreement for professional staff because we think some of the conditions are substandard.

Nevertheless, these detailed documents are the key place where your employment rights are set out and the NTEU sets out to improve the conditions in these agreements each time we go into bargaining.. Unlike university policies over which management has considerable discretion, your enterprise agreement details employment rights that are enforceable and can be disputed in tribunals like Fair Work Australia.

Interpreting these agreements, the relevant legislation and policies can be quite complex and daunting. Becoming a member of the NTEU means that you have experts on call to help you whenever you have questions. This can be invaluable if something negative or unfair happens to you in the course of your employment. For reference, you can get a copy of the relevant enterprise agreement for your job from our Branch Office, or it can be found on the NTEU website:

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

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Smart Casuals: University of NSW

Your rights The following information will help you to answer any questions you may have about your employment. If you have more complex issues that are not clarified here, please contact the NTEU UNSW branch office.

Opportunities for more secure employment Opportunities for more secure employment differ between casual academic and professional staff. Casual professional staff may apply for conversion to fixed-term employment and/or continuing employment if certain conditions are met.

The conditions outlined in the Professional Staff Agreement are:

20.2 Casual Conversion (a) This clause sets out the process for long term casual employees to apply for conversion to either continuing or fixed-term employment. An employee will not be engaged and re-engaged nor have their hours reduced in order to avoid any obligation under this clause. (b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either: (i) over the immediately preceding period of twelve (12) months and in those immediately preceding twelve months the average weekly hours worked equaled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or (ii) over the immediately preceding period of at least 24 months.

For the purposes of this clause occasional and short term work performed by the employee in another classification, job or work unit will not: (a) affect the employee’s eligibility for conversion; or (b) be included in determining whether the employee meets or does not meet the eligibility requirements.

For the purpose of this clause, “work unit” refers to an organisational unit with control over the appointment and deployment of casual professional staff within that unit.

(c) Conversion may be applied for in writing by an employee when an employee believes they meet the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause.

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(d) The University may only refuse an application for conversion on reasonable grounds.

Reasonable grounds include, but are not limited to, the following: (i) the employee is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application); (iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person; (v) the employee does not meet the essential requirements of the position; or (vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular. (e) The University must determine an application for conversion either by offering conversion to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. (f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. (g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties. (h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where: (i) that rejection is solely based upon the ground set out in 20.2(d)(iii) above; and (ii) that ground ceased to apply.

For casual academic staff with PhDs, the Enterprise Agreement commits the NTEU and University management to explore avenues for more secure employment. As a part of the upcoming bargaining round, the NTEU will campaign to create 2,000 permanent academic positions across Australia, to be filled from among existing casual academics. When we submit our log of claims at UNSW, it will include claims around greater job security for casual staff.

Separate Pay for Marking For many years, some payment for marking has been incorporated into the hourly rate of pay for tutorials. This was known as ‘reasonably contemporaneous marking’. It meant that many casuals were doing long hours of marking for very little remuneration. Whilst the Union was successful in winning large claims for back pay for some of our underpaid casual members, it was clear that this was an area that needed major reform in the last round of enterprise bargaining.

Due to the campaigning work of NTEU casual members, we won significant improvements under the current 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.

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Smart Casuals: University of NSW

Increased Casual Loading For Professional Staff, the increases in casual loading are scheduled as follows: • 23% payable from the date of effect of this Agreement until 5 January 2012 • 24% payable from 6 January 2012 until 3 January 2013 • 25% payable from 4 January 2013 The casual loading is paid in lieu of many of the paid leave entitlements provided to continuing staff.

Long Service Leave Many casual employees may be unaware that they are eligible for long service leave in accordance with the New South Wales Long Service Leave Act (1955). If you have questions in this regard, please contact the branch office for more information.

Parental Leave Casual Employees at the University have the following access to paid maternity leave: (a) A casual employee who is pregnant will be entitled to 14 weeks maternity leave on full pay and 38 weeks unpaid maternity leave provided that: (i) she has been employed by the University on a regular and systematic basis for a continuous period of at least 24 months, including breaks in service not exceeding four (4) months, immediately prior to the pregnancy; and (ii) she has not accessed paid maternity leave from any other employer for the pregnancy. (b) All other casual employees employed on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months, and has a reasonable expectation of ongoing employment, will be entitled to take up to 52 weeks unpaid leave. (c) Notwithstanding subclause (a), a casual employee will not have an entitlement to reemployment at the end of a period of approved maternity leave. A casual employee who takes maternity leave will remain an employee of the University for the period of maternity leave. (d) Where a casual employee declares a desire to return to work following a period of maternity leave but work no longer exists, the employee will cease employment as at the last day of maternity leave. However, the work unit in which the casual employee was employed will give reasonable consideration to the employee for suitable casual work. (e) A casual employee who receives paid maternity leave will be paid at a fortnightly rate of pay equal to the average fortnightly rate of pay the employee was paid over the 12 months immediately preceding the date on which maternity leave is commenced. The full amount of the maternity leave will be paid to the casual employee at the commencement of the maternity leave.

Note: these provisions form part of the Enterprise Agreement. You may also qualify for the Federal Government’s Paid Parental Leave scheme. See “Things to Know”.

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Facilities for Casual Staff In the “Offer of Employment Form� for casual workers, there is a checklist of facilities under “Work Area Orientation�.

You should be advised how you can access your work area and given appropriate keys/security access etc. You should be given information about parking permits and a staff member should take you on a tour of the work area so that you know how to locate amenities. You should be given an introduction to your workspace and shown how to use/get access to equipment, including your computer, the photocopier, fax, printer etc. You should also be informed of internal/outgoing mail procedures.

www.hr.unsw.edu.au/forms/hr63.pdf

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Smart Casuals: University of NSW

When You Start Work Letter of Appointment Firstly, take note of the contents of your Letter of Appointment You will usually be given a letter of appointment either before or when you start work. This is often referred to as a ‘Casual Contract’ or ‘Offer of Casual Employment. If weeks pass and you still haven’t received a letter of appointment, you should follow it up with your supervisor and, if this doesn’t get results, contact the Union.

It’s important to have this letter as it indicates the terms you and your employer have agreed to in relation to your employment. It is often drawn upon if there is a difference of opinion about these terms later on.

Your letter of appointment must stipulate the type of employment (casual, fixed-term etc) and the terms of your engagement in relation to: • The duties required • The number of hours required (eg 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 core conditions of employment such as reporting relationships and details of the Enterprise Agreement.

Keep your letter of appointment and any other official documents relating to your employment in a safe place. They may be useful in years to come for establishing the length and continuity of your service to the University and may be needed to establish your right to long service leave etc.

When you are first offered casual employment at UNSW, your enterprise agreement has specific sections that can be used as points of reference to help you discuss your employment arrangements with your supervisor.

For professional staff casuals, the offer of employment is regulated by Clause 20.1 (h) of the UNSW (Professional Staff) Enterprise Agreement 2010 (hereafter the Professional Staff agreement) which stipulates that: A person who is offered casual employment will be advised of the duties required, the number of hours required, the rate of pay for each class of duty required, and a statement that any additional duties required during the term will be paid for.

For academic casuals, the offer of employment is regulated by Clause 19.2 of the UNSW (Academic Staff) Enterprise Agreement 2011 (hereafter the Academic Staff agreement) which reads:

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A person who is offered casual academic employment for a continuous period of more than 4 weeks will be given a written offer of employment that will include: (a) a statement of duties to be performed, the relevant pay rates for each duty and the anticipated number of hours required; (b) a statement that additional duties will be paid for; (c) entitlements with respect to superannuation; (d) sources that can be contacted for further information about his/her employment; and (e) notification of the requirement to disclose other academic employment at the University.

If you are unsure about any aspect of your employment, email or seek a meeting with your supervisor for clarification. Email is a good first option because you will have the response in writing for future reference. If your supervisor doesn’t respond or you are still unclear about what is expected of you, ask your supervisor for a meeting or write to the Head of Department for a meeting. If you don’t get a written statement, you can write a letter setting out your understanding of the University’s expectation of your work and ask that your supervisor correct any misunderstanding or misstatement on your part.

For example, the NTEU often receives queries from casual members when they are expected to attend lectures for the courses in which they tutor but are not being paid for these hours. It is important to seek clarification from your supervisor as soon as possible after commencing employment. Confirmation in writing from your supervisor that you are/are not required to attend lectures will enable you to assess how much you should be paid.

Tax File Number and the Employee/Salary Number Make sure you provide your tax file number to Human Resources and keep a record of your employee number so you can quote it to the Salaries officer if any problems arise. Your Union also provides a Tax Guide that can assist you with tax planning.

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. If your supervisor is unsure, ask the Faculty HR officer or another casual staff member.

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

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Smart Casuals: University of NSW

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.

Types of casual work According to Schedule 2 of the Academic Staff agreement, “lecture” or “tutorial” means any educational delivery described as a lecture or tutorial respectively in a course or unit outline, or in an official timetable issued by the University. A lecture or tutorial may be face-to-face teaching or tutoring respectively or equivalent delivery through a different mode.

“Seminar” means any educational delivery described as a seminar in a course or unit outline, or in an official timetable issued by the University. Seminars may be a supplementary form of education delivery. Seminars that are supplementary forms of education delivery or are conducted in small groups consistent in size with tutorial classes in the Faculty will be paid for at the appropriate tutorial rate. Seminars that are not a supplementary form of education delivery will be paid for at the appropriate lecture rate.

The hourly rate of pay for lecturing or tutoring set out below will encompass the following activities in addition to the delivery of lectures and/or tutorials: (i) preparing of lectures or tutorials; (ii) administration of relevant records of the students for whom the casual employee is responsible; (iii) informal consultation with students. This consultation involves face to face consultations immediately prior to or following, or reasonably contemporaneous with a lecture or tutorial; and (iv) any marking which occurs during the delivery of the class.

The total hours of work will not normally exceed two extra hours for every hour of teaching time, however may involve more than two hours in the case of 1a and 1b below.

A repeat lecture or tutorial assumes only one hour of associated working time, as preparation has already been paid in respect of the first hour of delivery.

A tutorial is a supplementary form of education delivery where matters already covered elsewhere in a course are discussed, clarified or elaborated. A tutorial is conducted in a small group to enable effective student participation. A tutorial is conducted in accordance with guidelines issued by the lecturer in charge of the subject. Responsibility for the course rests with the lecturer in charge of the subject, not the casual tutor.

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Demonstration Demonstration involves the performance of such duties as the conduct of practical classes by setting up or supervising the correct method of use of equipment; issuing prepared instructions about experimental procedures or projects from the lecturer; supervising undergraduate students in carrying out experiments or laboratory work and being a source of technical advice.

The hourly rate of pay for demonstrating and other duties encompasses one hour of student contact time only. Any work required outside the one hour (marking, giving a lecture or tutorial, attending a meeting or lecture, preparation time or other duties) will be paid in accordance with the rates in this Schedule.

Responsibility for the course rests with the lecturer in charge of the subject, not the casual performing demonstrating or other duties.

Other Duties Other duties includes all other work that is required by the University to be performed by the casual employee, being work in the nature of, but not limited to: (i) attendance at lectures, formally designated student consultation, including formal consultation by electronic means, and student supervision; (ii) attendance at meetings including School and/or Faculty meetings as required by the Head of the academic unit; (iii) the conduct of practical classes, workshops, student field excursions; (iv) the conduct of clinical sessions other than for the Faculty of Medicine; (v) the conduct of performance and visual art studio sessions; (vi) development of teaching and subject materials such as the preparation of subject guides, reading lists, and basic activities associated with subject coordination; and (vii) musical coaching, repetiteurship, and musical accompanying other than with special educational service specified in point 6 below.

Additional Casual Duties Any additional casual duties which the casual employee is required to perform beyond those outlined above will be paid for separately at the appropriate rate.

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Smart Casuals: University of NSW

Rates The Academic Staff agreement details specific rates of pay for all the teaching and teachingrelated work you might do. It also details the regular pay rises that have been negotiated for the life of the current agreement (it expires in December 2013).

1. Casual Lecturer - Per one-hour lecture 1.a (Earning Code 149) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

271.99

279.68

285.28

293.33

299.19

Paid to a distinguished person for a single lecture for each of a small group of lectures; or where a lecture involves 4 hours of associated working time.

1.b (Earning Code 150) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

217.59

223.75

228.22

234.66

239.35

Paid where the lecturer assumes significant responsibility for planning and developing a unit of a large part of a unit as well as lecturing, or where a lecture or small group of lectures calls for special expertise; or where a lecture involves 3 hours of associated working time.

1.c (Earning Code 151) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

163.19

167.81

171.17

176.00

179.52

Paid as the normal rate for a lecture that consists of up to 1 hour of delivery and 2 hours of associated working time.

1.d (Earning Code 152) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

108.80

111.87

114.11

117.33

119.68

Paid for a ‘repeat’ lecture, covering the subject matter of a lecture given within a period of 7 days to another group of students.

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2. Casual Tutorial - Per one-hour tutorial 2.a (Earning Code 153) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

118.48

121.83

124.27

127.78

130.33

Tutorial involves 1 hour of delivery and up to 2 hours of associated working time

2.b (Earning Code 154) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

78.99

81.22

82.85

85.18

86.89

Repeat tutorial involves 1 hour delivery and 1 hour of associated working time, provided that the hourly rate in a repeat tutorial applies to the subsequent delivery of substantially the same subject matter in a tutorial within a period of 7 days and any marking and student consultation reasonably contemporaneous with it.

2.c (Earning Code 361) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

140.27

144.24

147.13

151.28

154.31

Tutorial involves 1 hour of delivery and up to 2 hours of associated working time in circumstances where the casual employee holds a relevant doctoral qualification.

2.d (Earning Code 362) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

93.52

96.16

98.09

100.85

102.87

Repeat tutorial involves 1 hour delivery and 1 hour of associated working time, in circumstances where the casual employee holds a relevant doctoral qualification provided that the hourly rate in a repeat tutorial applies to the subsequent delivery of substantially the same subject matter in a tutorial within a period of 7 days and any marking and student consultation reasonably contemporaneous with it.

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Smart Casuals: University of NSW

3. Demonstration & Other Duties - Per Hour 3.a (Earning Code - Demonstration - 157; Other Duties - 162) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

39.49

40.61

41.42

42.59

43.44

Other duties or demonstration rate

3.b (Earning Code 364) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

46.76

48.08

49.04

50.43

51.44

Other required duties or demonstration where full subject coordination duties are required as part of normal duties, or the casual employee holds a relevant doctoral qualification.

4. Casual Marking - Per hour 4.a (Earning Code 159) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

54.42

55.94

57.06

58.67

59.84

Paid for marking requiring a significant exercise of academic judgment appropriate to an employee at Level B, or as a supervising examiner.

4.b (Earning Code 160) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

39.49

40.61

41.42

42.59

43.44

Paid for routine marking

4.c (Earning Code 365) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

46.76

48.08

49.04

50.43

51.44

Routine marking where the casual employee holds a relevant doctoral qualification.

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5. Clinical 5.a Clinical sessions (Faculty of Medicine) (Earning Code 178) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

163.19

167.81

171.17

176.00

179.52

6. Music Accompanying 6.a (Earning Code 366) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

78.99

81.22

82.85

85.18

86.89

Music accompanying involves 1 hour delivery and 1 associated work time.

6.b (Earning Code 367) Previous Rate

6/1/12

6/7/12 (Current)

4/1/13

5/7/13

91.68

93.52

96.16

98.09

102.87

Music accompanying involves 1-hour delivery and 1 associated work time in circumstances where full subject coordination duties are required as part of normal duties, or the casual employee holds a relevant doctoral qualification.

For more information see:

www.hr.unsw.edu.au/services/salaries/casacsal.html

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Smart Casuals: University of NSW

Things to Know The A to E of Academic Staff Academic staff members 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 and experience. Casual academic staff members are engaged at the Level that corresponds to the standards attached to the Enterprise Agreement – generally at Level A (Associate Lecturer) or Level B (Lecturer).

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. 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 the Human Resources officer in your Faculty.

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.

Parental Leave Casual employees who have been employed by the University on a regular and systematic basis for a continuous period of at least 24 months (i.e. with breaks in service not exceeding four months total or normal semester breaks) and who have not received maternity leave from another employer for the pregnancy, are entitled to 14 weeks paid maternity leave and 38 weeks unpaid maternity leave. Leave will paid upfront at the beginning of the leave period at the employees average fortnightly rate for the immediately preceding 12 months. However there is no right to resumption of employment at the end of the period of maternity leave.

Casual staff employed on a regular and systematic basis for a shorter period who have a reasonable expectation ongoing employment are entitled to up 52 weeks unpaid maternity 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.

www.unicasual.org.au

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Some casual employees will be able to qualify for this payment. One of the key determinants for eligibility for 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 each semester. The Academic Staff agreement stipulates that student feedback on its own cannot be used as a total measure of your individual teaching performance. Whilst we think it wise that casuals participate in this process so they can use the results for job applications etc, please contact the Union office if you feel you have been unfairly treated on the basis of student evaluations.

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

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

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

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.

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Smart Casuals: University of NSW

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: (i) contribute to the decision-making processes and structures of the University; including the right to express opinions about the operations of the University and higher education policy more generally; (ii) pursue critical and open inquiry, publish, research and, consistent with the University’s academic processes, freely discuss, teach, assess and develop curricula; (iii) participate in public debates and express opinions about issues and ideas and about the University or higher education issues more generally; (iv) participate in professional and representative bodies, including unions, and engage in community service; (v) express their personal views, consistent with the University’s Code of Conduct, without fear of harassment, intimidation or unfair treatment.

The NTEU has campaigned hard to ensure that our Enterprise Agreements enshrine intellectual freedom – often against the opposition of university managements. The UNSW Academic Staff agreement protects the rights of academic staff to engage in critical inquiry, intellectual discourse and public debate. We think the same rights should be extended to professional staff.

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 minimise the likelihood of assaults • 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 provides after-hours security escorts to ensure night security for staff walking to cars or transport. For more information see Security Services (Facilities Management) located on Level 2, Mathews Building (F23) - entry via FM Assist.

www.facilities.unsw.edu.au/safety-security/security-services

www.unicasual.org.au

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Workers’ compensation Casual staff are entitled to claim workers’ compensation if injured in the course of their work.

This includes injuries arising from work and injuries sustained during working time (whether on campus or whilst working elsewhere). 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 the course of doing research.

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

Any work-related illness or injury should be reported as soon as possible to the University. You should also contact your NTEU Branch immediately for further advice and assistance.

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

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

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

Harassment and Bullying Harassment and bullying are all too frequent features of the campus workplace. Bullying is recognised as behaviour aimed to demean, humiliate or intimidate. The University has a policy regarding workplace bullying; it is available at this website: http://www.hr.unsw.edu.au/ employee/workbully.html The NTEU takes workplace bullying very seriously and strongly urges you to contact the Branch Office if you believe you are being bullied. You have the right to lodge a complaint and to go through a fair resolution process should you experience sexual harassment or discrimination at work. The UNSW branch is campaigning to improve the handling of bullying claims when they are made.

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.

20

Smart Casuals: University of NSW

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 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.

As a casual employee, opportunities for more secure employment depend not only on individual effort and persistence but also on conditions in the workplace and broader policy changes in the Australian tertiary education sector. The union, your collective voice, is a significant factor in ensuring dignity at work and secure jobs in the sector.

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.

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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.

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

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Clarify anything you are 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.

22

Smart Casuals: University of NSW

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. We also have two paid Branch Organisers, Kiraz Janicke and Richard Bailey and an Industrial Officer. To contact the Branch: Email: nteu@unsw.edu.au Ph: 9385 2479 Drop in: Rm.1211 Mathews Building

When should I contact the Union?

You don’t have to suffer through employment problems. The NTEU can help you devise a strategy for dealing with your issues, and assist in making you aware of your rights and options in confidence. The NTEU gives members confidential advice and we will not raise individual cases with management without the permission of the member in question. You should raise any concerns you have about your work, workplace or conditions with the Union as soon as possible.

What if my supervisor is an NTEU member?

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

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

24

Smart Casuals: University of NSW

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 The monthly e-news, edXpress, is a free subscription service with higher education’s latest news, views and gossip.

www.nteu.org.au/edxpress 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, Agenda, 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 Branch and Division publications.

www.nteu.org.au/unsw/

Membership Benefits The Union’s member benefits program offering you an extensive range of benefits and discounts developed jointly with Member Advantage.

www.nteu.org.au/join/benefits

www.unicasual.org.au

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How to get Involved For the Union to continue to pursue these issues and to succeed in this important campaign to improve the rights of casual staff we need your help.

Your involvement can be as simple as joining the NTEU, talking to your colleagues about issues affecting casual staff, participating in your local academic casuals network and online forums on www.unicasual.org.au and keeping in touch through our website www.nteu.org.au The Union organises a number of conferences, meetings and events for members to participate in. Your local NTEU Branch office has an elected committee that meets regularly, and we have working parties to deal with particular issues of local concern to staff.

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

At a National level, there is an annual Women’s conference, an Indigenous members’ forum, 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: University of NSW

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