NTEU Advocate December 2023

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National Tertiary Education Union Let’s aim higher

Advocate VOL. 30 NO. 1 ◆ DEC 2023 ◆ ISSN 1329-7295

Bargaining wins Research year in review What industrial reform means for higher ed contracts

UNIVERSITIES ACCORD: HOW THE NTEU CAN SHAPE IT

Plan for post-Treaty union Academic freedom in the age of AUKUS 30 years of the NTEU

◆ EDITORIAL

Dr Alison Barnes, National President envelope-open abarnes@nteu.org.au TWITTER @alisonbarnes25

President’s report The end of the working year is an opportunity for us to reflect on our union’s significant achievements over the past 12 months.

It’s also a chance to look forward with clear-eyed hope at the challenges that await us in 2024.

This is another groundbreaking step in the context of the wider labour movement.

The NTEU celebrated its 30th anniversary this year.

Opposite Gabe’s report you can see the vibrant and resonant artwork presented at the NTEU National Council meeting in October.

Over three decades of national unity, we have scored important victories which have led the way for all workers.

To name a few: •

26 to 36 weeks’ paid parental leave

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Recognition of same-sex partnerships

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guaranteed Aboriginal and Torres Strait Islander Jobs

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10 days’ paid family and domestic violence leave

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and 17 per cent superannuation for ongoing and fixed-term staff.

Our union is now putting gender affirmation leave on the agenda at every Australian university.

In this issue of The Advocate, NTEU General Secretary Damien Cahill, outlines the hard work of members across the country in winning new enterprise agreements.

Damien’s report is an excellent snapshot of how our members working together in solidarity have made incredible achievements which improve the lives of university staff.

Assistant Secretary Gabe Gooding’s piece looks at the NTEU’s 10-Point Plan for a post-Treaty union.

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This issue also highlights our policy and research efforts which have focused on wage theft, sexual harassment at universities, insecure work, funding models, student debt, and a range of other critical topics for members.

As we look forward to next year, the Universities Accord is shaping up to be a significant moment for our sector.

We have had a laser focus on ensuring the perspectives of staff shape reform, while elevating our voices over those of university managements and employer associations.

You can read more about the Accord and scan the QR code to sign our petition to state and federal education ministers on page 15.

As I look back on 2023, it’s clear the tireless efforts of our members have underpinned every victory the NTEU has claimed.

I’ve been lucky to visit so many of you around the country on picket lines, protests and the other gatherings that make our union so great.

As I wish everyone a safe and happy holiday, I also want to look forward to together returning in the new year

CONTENTS ◆

to fight for reforms that will make our sector better through the Accord.

Contents

There is a crucial role for every one of us, as union members, in shaping the future of tertiary education in our country.

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President’s report Dr Alison Barnes, National President

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As our bargaining draws to a close, it’s vital to remember that our strength lies in our unity and numbers.

Bargaining wins Dr Damien Cahill, General Secretary

We must stand together.

Growth of our union is pivotal.

One of the most effective ways to strengthen our union is by building robust delegate structures.

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Plan for post-Treaty union

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Academic freedom

12 Research year in review

Delegates are the backbone of our movement, connecting members, representing their concerns, and driving our campaigns forward.

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By empowering our delegates, we create a more resilient and responsive union.

It is essential that we encourage more people to join our union.

Every conversation you have is worthwhile. Every person who becomes a member makes us stronger. Every member who becomes active helps our goals.

Showing potential members the incredible achievements we’ve made, is a powerful motivator.

We must always remember that our working conditions are intrinsically linked to student learning conditions.

Our wins make Australia a better place.

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◆ FROM THE GENERAL SECRETARY

Winning better workplaces and universities Winning new enterprise agreements is one of the most significant impacts the union has on the working conditions of staff across our sector. It also provides the potential for membership growth as the union seeks material improvements to the working lives of university staff. In the face of a militant mobilisation by employers, the NTEU’s enterprise bargaining campaign for Better Workplaces & Better Universities has been a huge success in 2023.

Dr Damien Cahill, General Secretary envelope-open dcahill@nteu.org.au

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FROM THE GENERAL SECRETARY ◆

Our campaign sought to tackle the burning workplace issues identified as crucial by NTEU members: job insecurity, workload intensification and cost of living pressures.

Across the country NTEU members have taken action and made their voices heard.

As a result, NTEU members have now won 26 new enterprise agreements and we are very close to agreement at several other sites.

Thanks to strong and vibrant campaigns, sometimes involving significant industrial action, NTEU members have achieved: •

Pay rises of up to 20% (compounded) over the life of the agreement

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Paid gender affirmation leave in every NTEU-negotiated agreement

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Enforceable commitments to create over 1500 new secure jobs

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Robust academic freedom protections

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Strengthened workload protections for Academic and Professional staff

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Improved conversion rights for fixed-term staff

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Working from home rights

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The right to disconnect outside of working hours

In landmark achievements, members at the University of Sydney and the ANU have also won the right to paid sick leave for casuals. At Federation University, NTEU members also won 14% superannuation contributions for casuals – the highest achieved for casuals in the sector. This shows what is possible through collective organisation, and it puts a marker in the ground for the next round of bargaining.

Alongside these wins, since October last year NTEU members also beat 5 consecutive non-union ballots by employers at Griffith, Newcastle, Curtin, and Deakin universities. These ballots were in line with the militant strategy advised by the university employer association, AHEIA (Australian Higer Education Industrial Association), which also advised its members to pursue new intractable bargaining provisions in the Fair Work Act to circumvent the NTEU and drive down wages and conditions in our sector. In every case where the union has defeated a non-union ballot, NTEU members have

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subsequently won a new enterprise agreement that is far superior to what was originally proposed by management as their ‘final offer’.

And, most recently, the NTEU won its appeal against the Fair Work Commission’s certification of the Southern Cross University enterprise agreement, the non-union ballot for which was found to have relied upon misleading statements by management. We are now back bargaining for a new NTEU-negotiated agreement.

NTEU members have also won new agreements elsewhere, such as at the RACGP and Menzies School of Health Research where improved conditions provide for paid gender affirmation leave and the right to disconnect among many other important wins for workers.

These victories are a credit to the fantastic efforts of NTEU members working together in solidarity across the country.

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POST TREATY U

◆ POST-TREATY PLAN

Plan for postTreaty union

This year, in the midst of our 30th year as a Union we are renewing our commitment to Aboriginal and Torres Strait Islander members and the wider First Nations community.

Twenty years ago, we became the first Union to recognise the sovereignty of Aboriginal and Torres Strait Islander peoples and put in place structures and processes to ensure that their voices are heard within our Union.

We developed a 10 Point Plan for a Post-Treaty Union, our statement of commitment to supporting selfdetermination and social justice, and this year we are renewing it and giving it prominence in every NTEU office.

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NTEU commissioned Patrick Caruso an Eastern Arrente artist to create a design for us that could be used to promote the 10 Point Plan. Patrick designed the piece to reflect the connectivity of NTEU and, if you look closely, you will see that he has incorporated the logo used by our Aboriginal and Torres Strait Islander caucus into the design.

POST-TREATY PLAN ◆

The 10 Point Plan commits us to: PROMOTE and actively support sovereignty and partnership within NTEU. EDUCATE about the impacts of racism and privilege.

RESPECT the use of traditional protocols across all NTEU activities.

EMPLOY Aboriginal and Torres Strait Islander peoples within NTEU and promote member networks to increase activism.

DEFEND the industrial rights of Aboriginal and Torres Strait Islander members.

MAINTAIN a charter of rights and services for our members.

FACILITATE the voices of Aboriginal and Torres Strait Islander members in all NTEU activities.

INCREASE employment and ensure employment rights through bargaining.

FUND this plan on an ongoing basis.

It’s all very well having a nice, framed poster in our offices but to give this meaning we need to actually deliver on our commitments in the plan. In 2024 we will be reviewing how we can best continue to advance the cause of Aboriginal and Torres Strait Islander peoples within our Union and beyond. We have started by working with the ACTU to share the structures and processes we have put in place with other unions who have not yet reached the same point in their journey with their Aboriginal and Torres Strait Islander members.

It’s an honour to be the National Officer working with our Aboriginal and Torres Strait Islander unit to continue the work started 20 years go by the far-sighted leaders of the Union, both gubba and Aboriginal who recognised the need for this partnership.

PURSUE Treaties and social justice for Aboriginal and Torres Strait peoples.

Scan the QR code for a copy of the poster to help promote this important work.

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◆ ACADEMIC FREEDOM

Academic Freedom (and control) in the Age of AUKUS Kieran McCarron, NTEU Policy and Research Officer

The government has recently released a draft bill that would amend the Defence Trade Controls Act (DTCA) to create new crimes that could seriously threaten academic freedom in Australia – but how did we get here? And what will these new laws (if passed) mean for Australian researchers.

To understand the new bill we need to go back to 2021 when the Morrison government entered Australia into a new miliary partnership with the US and UK called AUKUS. A major part of this partnership will involve the transfer of nuclear submarine and other military technologies to Australia. As a part of this deal the government agreed to US requirements that Australia adopt defence technology control laws equivalent to those in the US. The current government has framed changes to the DTCA in the context

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of meeting these requirements under AUKUS. As many NTEU members are aware, the DTCA currently stipulates that a permit is required to export “defence technology” or “dual use technology” outside of Australia (these technologies specified on a long list that is periodically updated). A key issue here for researchers has been the inclusion of something called “intangible supply,” which captures the export of “knowledge”. This means that academic activities such as presenting

ACADEMIC FREEDOM ◆

a conference paper or sharing experiment results can be considered forms of controlled export under the current Act and may only be permitted after a permit has been applied for and approved.

Under the current Bill a new offence attracting up to ten years jail time will be introduced: the supply of a listed technology to a foreign person within Australia – this being anyone who is not an Australian citizen or permanent resident. Excluded are those from the US or UK – who will now be officially preferred. This effectively means that, if passed, a permit will be required to collaborate on research with any non-exempt foreign person – even if they are working at your same institution. This restriction is broad and includes “oral supply” – that is, speaking to someone about a listed technology. This clearly creates a huge barrier to collaboration and seems to be going against the tide of more internationalisation of research activity.

On top of this it creates a situation where discrimination is not just likely but required. Where it is not required an attitude of “playing it safe” will surely develop – why risk hiring someone from a non-English speaking

background when sticking to the Anglosphere is simpler and safer? Even speaking to someone in the lunchroom could require a permit under this bill.

International postgraduate students will almost certainly be impacted, with uncertainty during the application process no doubt meaning non-US and UK applicants will be skipped over in all sorts of disciplines to avoid the risk or complexity of additional permits.

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NTEU has made a submission to the Parliament raising these concerns.

Is joining AUKUS really worth the price we are being asked to pay in Academic Freedom?

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◆ ACADEMIC FREEDOM

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ACADEMIC FREEDOM ◆

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◆ YEAR IN REVIEW

Research year in review NTEU members have been at the forefront of the union’s fierce campaign for better universities.

Tackling major challenges head on, this year the NTEU released major research into wage theft, sexual harassment and student debt.

In February, the NTEU’s inaugural Wage Theft Report generated national headlines when it uncovered $83.4 million had been underpaid to staff in recent years. ​​ Jessica Marian and partner Dr Dr Chris O’Neill were both casuals in the University of Melbourne’s Faculty of Arts were jointly underpaid a total of $60,000.

“I am still talking to my friends and colleagues every day about new feelings that they are being exploited and underpaid for their work they are doing,” Dr Marian told The Australian Financial Review when the report was released.

The Fair Work Ombudsman took the extraordinary step of calling out “entrenched non-compliance” in the sector through a submission to Universities Accord Review Panel.

Sadly, the NTEU’s first wage theft report was only scratching the surface.

NTEU wage theft report N

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Earlier this month, the union released follow-up research that showed underpayment in higher education was now at almost $159 million.

That eye-watering headline figure stems from more than 97,000 individuals who were victims of wage theft.

The true tally is likely much higher with

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eight wage theft cases potentially worth millions of dollars still ongoing.

Higher education wage theft was once again front and centre in the national media, helping to make the case for real reform.

We know a broken governance system and casualisation are allowing this shameful practice to flourish.

Education Minister Jason Clare called for universities to be “exemplary employers”.

Concrete steps to address wage theft and insecure work must be paramount if that vision is to be realised.

The NTEU also uncovered shocking results in the union’s Sexual Harassment in the Workplace survey.

More than 2000 union members participated in the research, which came five years after the first survey was undertaken.

Alarmingly, the number of people who had personal experience sexual harassment at work jumped more than 52% to one in three respondents.

The experiences were completely unacceptable and all too common.

“Someone has sent me 75+ emails telling me they love me. They seem to think we are in a relationship,” one NTEU member said in response to the survey.

Just 13 per cent of people who experienced harassment made a formal complaint - a damning indictment on universities’ processes.

YEAR IN REVIEW ◆

Just 13 per cent of people who experienced harassment made a formal complaint - a damning indictment on universities’ processes.

“I was completely disillusioned by the whole process,” another NTEU member said.

“I was once a person who believed in sexual harassment policies and the people in organisations in place to help staff, but I now know from firsthand experience that universities, senior leaders, and HR and diversity teams have an inbuilt system to silence accusers and shuffle around abusers.”

These findings made it abundantly clear universities have made no progress in five years. In fact, on a lot of measures the situation is getting worse.

The union’s The Future of Graduate Debt in Australia report painted a grim picture for the affordability of higher education into the future.

The modelling showed a Humanities and Social Sciences Honours degree could take 40 years to repay at a cost of $110,353, while female law graduates could take 36 years to pay off their qualification - four years more than their male counterparts Polling from the Australia Institute commissioned by the NTEU showed three in four Australians are concerned about escalating student debt.

Interestingly, respondents in their 50s showed the most concern.

Under the proposal, universities would be forced to annually report the number of complaints they receive and adopt a national code for tertiary education on gender-based violence It would also establish an independent national student ombudsman.

This is a significant win for the many staff and student advocates, including at the NTEU, that have fought for action on sexual harassment and gender discrimination.

Universities and state governments should adopt the plan immediately rather than wait until their mooted consultation date of January 31.

Making universities sustainable is also a key focus for the NTEU. Under the worst scenarios, business management graduates could face $119,000 degrees which take 44 years to repay.

Three in four Australians were concerned about the decline in government funding

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Five in six Australians said they were concerned universities focus on profit at the expense of education

The NTEU’s research into some of the biggest issues affecting staff and the wider operation of universities is about making the case for change.

With a busy 2023 on the horizon, these efforts are more crucial than ever.

The Future of Graduate Debt in Australia

The polling was just one part of a wider collaboration with the Australia Institute Centre For Future Work that also found: •

Federal Government funding for universities fell from 0.9 per cent of GDP in 1995 to 0.6 per cent in 2021 – implying a $6.5 billion reduction in funding in 2021

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Three in four Australians were concerned about the decline in government funding

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Five in six Australians said they were concerned universities focus on profit at the expense of education

The evidence shows a dire need for change.

Federal, state and territory education ministers met last month when they committed to seek more feedback on a proposed national action plan.

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June 2023

The NTEU’s research into some of the biggest issues affecting staff and the wider operation of universities is about making the case for change.

With a busy 2023 on the horizon, these efforts are more crucial than ever. three in four Australians are concerned about escalating student debt.

Interestingly, respondents in their 50s showed the most concern.

The polling was just one part of a wider collaboration with the Australia Institute Centre For Future Work that also found: •

Federal Government funding for universities fell from 0.9 per cent of GDP in 1995 to 0.6 per cent in 2021 – implying a $6.5 billion reduction in funding in 2021

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◆ UNIVERSITIES ACCORD

Why your voice is crucial to the Universities Accord The federal government’s Universities Accord has the potential to have enormous consequences for our public universities. The interim report, released in July, was emphatic: universities must become exemplary employers.

Our higher education sector is grappling with systemic issues that undercut its potential. Insecure employment, routine wage theft, and unsafe working environments are affecting hundreds of thousands of staff and students nationwide.

These challenges demand immediate attention and action.

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The Review Panel acknowledged these problems as symptoms of significant governance failures within our public universities. Federal Education Minister Jason Clare’s recent declaration that addressing these issues is a priority marks a pivotal moment in the fight for change.

UNIVERSITIES ACCORD ◆

Your support is vital in this mission. By adding your voice to our cause, you’re not just signing a petition; you’re becoming part of a movement to reshape the future of higher education in Australia. Together, we can ensure that our universities are leaders in equitable and progressive employment.

Scan the QR code below to sign the petition. Your action today can make a difference for generations to come. Let’s stand united for a better, fairer, and more equitable higher education system.

But acknowledgement alone isn’t enough. It’s time for concrete action.

We need our education ministers - both state and federal - to listen to the voices of those who form the backbone of our universities: staff.

Their experiences and insights are invaluable in charting a course for meaningful change.

The NTEU is at the forefront of advocating for this change.

We need to dramatically increase the presence of staff and student voices in university governance.

The rampant casualisation in our public universities must end. We need a commitment from both state and federal authorities to utilise their powers to address this issue decisively.

The overreliance on rolling fixed-term contracts undermines job security and

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stability. Universities must move away from this practice.

Executive compensation should align with publicly acceptable standards, ensuring a fair distribution of resources within our academic institutions.

Ensuring our universities are safe for everyone is non-negotiable.

It’s essential for fostering a culture of respect, integrity, and academic freedom.

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◆ SECURE JOBS

New laws assisting fixed-term workers largely don’t apply in our sector.

On December 6, the fixed-term provisions of the Government’s Secure Jobs Better Pay Act came into effect.

These provisions: Restrict fixed term contracts to a maximum of two years; Prevent more than one renewal; Prevent the use of new fixed-term contracts where consecutive contracts are for substantially the same work and the employment relationship does not change. In each case the employer cannot use a fixedterm contract, and along with the coming tightening of the casual definitions, will require employers to offer ongoing employment. All of these are good things, but as always, there is a catch. There are a number of exemptions (you can read the Fair Work Ombudsman Fact Sheet here), but the important ones for tertiary education are where the contract is for an identifiable task using specialist skills, where

the position is funded in whole or in part by government or philanthropic funding with no reasonable prospect of that funding continuing, and where a Modern Award permits any of these circumstances.

of the legislation this prevents any of the fixed term provisions of the Act applying to university staff.

Workers in Tertiary education have their employment regulated at up to three levels as shown in the diagram on opposite page.

NTEU has members in medical research institutes, in student unions, language centres, private providers and TAFE, as well as other small groups.

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All University employees are covered by either the Higher Education Industry - General Staff - Award or the Higher Education Industry - Academic Staff - Award both of which allow second or subsequent contracts and permit contract lengths of beyond two years e.g. pre-retirement contracts up to 5 years in duration. Our legal advice is that because of the drafting

What about other NTEU members?

The legislation will not apply to Medical Research Institutes where the funding for the position in whole or in part is from government funding or philanthropic funding (this latter provision also only applies for 6 months).

SECURE JOBS ◆

Employer specific agreement that contains most of your rights and conditions built up by workers over 30+ years

The second level of safety net - minimum conditions designed to cover workers in higher education only

The lowest level of safety net that applies to all workers across the economy

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Others are covered by the Educational Services (Post-Secondary) Award which does contain clauses on fixed term employment. We have conflicting legal advice on this issue and are taking the safer stance that it probably does not apply.

What have we done?

We have actively lobbied the government on these issues, and, given the heavy pressure being placed on government by the Australian Higher Education Industrial Association to regulate further exemptions, we have agreed to a 6-month delay in the legislation being applied to workers covered by those two Awards.

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What comes next?

How can you help?

The Fair Work Commission has been asked by the Government to conduct a review of modern awards to ensure that they are consistent with or meet the new provisions of the Act. This includes job security.

1. Sign-up for updates here

NTEU will be making submissions to that review.

We will be keeping members up to date about events in this area over the next 6 months and will be actively looking for members who can provide us with member stories, particularly about the abuse of fixed term provisions and their experiences with rolling contract employment.

We will also be considering other options that may be available to us.

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2. Write up your experiences of being a fixed term worker, number of contracts duration etc on an A4 page and send them, with a copy of your current contract to contracts@nteu.org.au 3. We will aggregate this data and use it for submissions to the Government and the Fair Work Commission.

4. Keep your eye out for updates and respond to any further requests for information.

So far it has been a disappointing outcome for us, but we will be working to ensure that tertiary education workers do not miss out on the job security being enhanced for other workers.

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