Web by Dave Tehan

Independent Vo i c e OUR UNION OUR VOICE

September 2012

Volume 1 Number 4

I VOTED! Members make their voice count in the Catholic sector 1 September 2012

statewide community Public meeting, march and rally Wednesday 12 September

DAY OF ACTION

12:15 for 12:30 (finishing 1:30) Assemble Queens Park, Brisbane City (between Treasury Casino and the Casino Hotel), then onto Parliament House. Regional and workplace events TBC

The Independent Voice

CONTACTS Independent Voice is the official publication of the Independent Education Union of Australia - Queensland and Northern Territory branch (IEUA-QNT)

CONTENTS IEUA-QNT and QTU rally in support of wages and conditions

www.qieu.asn.au ISSN 1446-1919 IEUA-QNT Brisbane PH: 07 3839 7020 346 Turbot Street, Spring Hill Q 4000 PO Box 418 Fortitude Valley Q 4006

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IEUA-QNT Darwin PH: 08 8981 1924 38 Woods Street Darwin NT 0800 GPO Box 4166 Darwin NT 0801 Editorial/Advertising enquiries to Fiona Stutz Phone: 07 3839 7020 Toll Free: 1800 177 937 Fax: 07 3839 7021 Email: fstutz@qieu.asn.au

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UPFRONT President and Secretary Reports

Editor: Mr Terry Burke IEUA-QNT Branch Secretary Publications Officer/ Journalist: Fiona Stutz Printing: APN Print

News

Disclaimer: Advertising is carried in Independent Voice in order to minimise costs to members and is paid at commercial rates. Such advertising does not in any way reflect endorsement or otherwise of the advertised products and/or services by IEUA-QNT.

Workload, satisfaction and career plans

History of our Union

ABN: 74 662 601 045

IN THE JOURNAL 4 6

School Funding

Get moving on Gonski School Officers Benefits of applying for reclassification

FEATURES Staff in Australian Schools Survey

Knowing Your Rights Duty of care

Professional Issues in Education Multilingual education

The power of the collective in action

14 18

Work/Life Balance Job share opportunities

FRONT PAGE PHOTO: I Voted! Marist College Ashgrove members Stan Kosiek, Katy Ward, Derek Cameron and Donna Spillane vote in the Catholic sector protected action ballot in August

Importance of collective bargaining in the Northern Territory

Job Search Success Jump into your teaching career

Parental Leave Maternity and paternity leave rights

IEUA-QNT Excellence Awards

Nominate for recognition Legal Briefs Relationships after leaving school

Keeping Informed

Events Diary

Social Media in Schools When your Principal doesn’t ‘Like’ you on Facebook

Like us on Facebook

EDITORIALS When members take action Whilst industrial action is never members’ first choice, unfortunately it ultimately may need to be taken if employers do not respond meaningfully, with measures that address, not add to, the concerns of our membership. The current negotiations in the Catholic sector are a case in point. Negotiations for the replacement Queensland Catholic collective agreement began in February when employee representatives tabled a draft log of claims. This log of claims had been thoroughly canvassed and well considered by members in the Catholic sector, with the process of consultation occurring over the latter part of 2011. It has taken until after the state sector offer for Catholic employer representatives to respond to our wage claim of four per cent, with the same 2.7 per cent wage offer of the public sector. Now employers have partially removed (or fully for the Religious Institute Schools) their demand of 18 extra hours of employer directed professional development, with the major qualifications, of the removal of all of our claims which would have sought to address the expanding role of teachers. In our claim we have sought measures to address this workload through an increase in planning, preparation and correction time for both primary and secondary teachers; however, the employer claim would have exacerbated workload issues. Also our claim included the formation of a joint working party to ensure that this time is reserved for planning, preparation and correction, in a minimum 30 minute block, and to consider practical and flexible

Profound responsibility to defend working conditions

Andrew Elphinstone President alternatives for its delivery. In the previous collective agreement employers showed leadership and courage when they eventually agreed to a new top band in the teacher progression with the creation of Experienced Teacher 6 (ET6). This new level is for recognition of highly proficient classroom practitioners who had reached the top of the previous bands. This new level went significantly beyond our state teacher colleagues and created the benchmark for alternative versions in other nongovernment sectors. However, it is regrettable that employers wish to back track and tear at the fabric of this agreed provision which was hard fought and won during the previous negotiations. To change the nature of and the review process of the ET6 will not be accepted. It has always been our objective to reach agreement through negotiating at the table. It would seem to be for the common good that Catholic employers respond to the legitimate concerns and issues that staff in their schools have identified. In the absence of those outcomes members will reluctantly but understandably take protected industrial action in support of their claims.

It is a fundamental principle of unionism that an attack on one is an attack on all. That principle is paramount in any union and the principle extends beyond one’s own union to the labour movement more broadly. Workers in Queensland are under attack and while the focus of the LNP government is on public sector workers, the simple fact is that all Queensland workers are affected. Employees in the nongovernment education sector are already feeling the impact of the LNP government’s public sector austerity measures. With the state education sector wage outcomes used as a benchmark by employers in the nongovernment sector, our members are having to respond to public sector driven positions by their employers. In the Catholic sector, employing authorities waited and waited and waited to table their wage offer only to table a ‘fair and reasonable’ wage offer of 2.7 per cent per annum – exactly the same quantum as the LNP government’s offer to the QTU. Queensland unions are responding as a collective to the attack upon public sector workers. Our union and its members will play a part in that response. As a union we can play a critical role at a number of levels. At the obvious level, our union’s members can and have given practical and concrete support to our public sector union colleagues. Our members have joined in various rallies,

Terry Burke Branch Secretary tburke@qieu.asn.au protests and campaign activities against the excesses of the LNP government. We will continue to do so. However, there is a more fundamental contribution we can make to support our colleagues in the public sector. As a union we can make a fundamentally significant contribution by defending and enhancing employee conditions in our own sector. If we as a union refuse to accept in our sector parallel employer positions then we send a very strong message that workers’ conditions will and can be protected. It is an emerging phenomenon in the developed world that public sector conditions are being attacked by governments because these conditions are ‘more generous than the private sector’. If we as a private sector union can maintain and enhance our conditions we demonstrate that both public and private sector conditions are community standards for all workers and not some preserve of a ‘privileged’ public sector. Ours is a deep and profound responsibility as a union to play a critical role in maintaining and enhancing the working conditions of all. It is a responsibility we bear proudly and willingly.

National strategies to tackle school bullying The federal government will provide $4 million to develop new online toolkits to help teachers, students and parents deal with school bullying. The government will explore options for developing an Australia-wide social media campaign, a national ‘hub’ of resources and information and also look at how it can expand its existing website, www. bullyingnoway.gov.au, to transform it into

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a central, trusted source of information and resources for the whole community. Toolkits will be developed and include: A training module for pre-service teachers to build awareness and understanding of the National Safe Schools Framework, so that graduate teachers have the skills to deal with bullying when they first enter the classroom; Resources for student support staff to help them provide support and advice to students;

Professional learning resources for teachers and principals to help them develop safe school policies; and A central, online information resource that helps parents deal with bullying – including advice on what to do if their child is being bullied, or if their child is involved in bullying. The new resources will be rolled out in 2013 and available at www.bullyingnoway.gov.au.

SCHOOL FUNDING CAMPAIGN

g N i v o m get i k s N o g oN Teachers, parents and the broader education community should not be kept waiting for a federal government response to recommendations handed down in the Gonski Review of Funding for Schooling. The long awaited Gonski Report recommendations recognise the diverse needs of Catholic and Independent schools and provide a positive framework for the future funding of schools. With legislation anticipated in parliament in coming weeks for commencement of implementation of the school funding model from 2014, it is imperative that the federal government urgently release draft school funding legislation to allow for adequate consultation, discussion and revision. This will ensure the model meets the architecture of the Gonski recommendations and our union’s objectives. The federal government must guarantee the availability of sufficient resources to support its successful implementation. IEUA-QNT members are urged to become active in the ‘Get Moving on Gonski’ campaign by demanding the immediate release of draft legislation. Members are encouraged to visit the ‘Get Moving on Gonski’ website http:// educationforall.com.au/?page_id=174 to access drafted emails to send to the Minister of School Education, Early Childhood and Youth, Peter Garrett, Prime Minister Julia Gillard and their local federal Member of Parliament.

Gonski: Let’s Get It Right Schooling Resource Standard The IEUA believes that the base funding provided through the Student Resource Standard should be the basis upon which the federal government’s commitment that no school be worse-off in comparison with current funding levels. Indexation Our union has consistently urged governments for many years to ensure that funding to schools be maintained in real terms. The IEUA is concerned that there is no public detail on a likely model for the annual indexation of funding to non-government schools. It is evident that significant changes in education programs and initiatives, predominantly as initiatives of government policy, have meant that school operating costs have increased at a greater rate than broader measures of community or economic growth. Accordingly, the IEUA urges that the federal government commit to indexation of school funding based on real cost increases in schooling. Socio-economic status The IEUA supports the Gonski Report recommendation that the existing areabased SES measure continue to be used in the short-term. However, our union is concerned about the development of an index based on school enrolment form collected data relating to parental occupation, which may have significant risks and questions about data integrity. Instead, the IEUA believes that further work should be undertaken to improve the quality of the area-based SES data

that is collected under controlled conditions and much less likely to be subject to manipulation which will also be significantly more current. Loadings The IEUA supports the concept of loadings as outlined in the Gonski Report and believes that the mix of loadings for students with a disability, low SES background, Indigenous students, language background other than English students, school size and location is appropriate. However, our union is concerned about the availability and quality of the data to assist in the determination of these loadings for individual schools/students and the implications of this for legislation by the end of 2012. Further, the IEUA is particularly concerned about the relative proportion of loadings as a percentage of total funding available to a school. Historically targeted programs, aimed at dealing with some identified disadvantage, accounted for five to eight per cent of total funding. The IEUA understands that the current modeling indicates that 25 to 30 per cent of a school’s total funding could be composed of loading amounts. This significant increase in ‘targeted disadvantage funding’ raises real concerns about one of the IEUA’s key principles for funding, namely certainty. With such a large and volatile component of total funding, the IEUA is concerned for the job security of its members working in nongovernment schools.

September 2012

NEWS

Villanova College celebrates NAIDOC Week Villanova College took part in storytelling, cultural performances and interactive games during NAIDOC Week in July with a focus on the indigenous people of the Torres Strait Islands. The NAIDOC activities included dressing in Islander headdress, mix and match island names with English names and a quiz for the employees.

NAIDOC Week history NAIDOC Week celebrations are held across Australia each July to celebrate the history, culture and achievements of Aboriginal and Torres Strait Islander peoples. NAIDOC is celebrated not only in Indigenous communities, but by all Australians. The week is an opportunity to participate

in a range of activities and to support local Aboriginal and Torres Strait Islander community. Local community celebrations during NAIDOC Week are encouraged and often organised by communities, government agencies, local councils, schools and workplaces.

During celebrations the Junior School learnt about the arrival of the L.M.S (London Missionary Society) and their introduction of Christianity to the Torres Strait while the Middle and Senior school celebrated 40 years of the Tent Embassy as a dramatic performance. Teacher Barbara Dewis said the performance “highlighted issues such as land rights and status of indigenous people in their plight for a voice to be heard in many areas of difficulty.”

ATTENTION Young and Relief teachers, Maths teachers and Department/ Curriculum heads Want help with teaching challenges? Go to: realteachingsolutions.com

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QCATs to be phased out The Queensland Comparable Assessment Tasks (QCATs) assessment tool will be phased out by 2013. The state Minister for Education, Training and Employment John-Paul Langbroek said the tests were now unnecessary since the introduction of the Australian Curriculum and claims the phaseout will deliver a $3 million saving this financial year. Until this year, Queensland’s curriculum and assessment had been managed under the Queensland Curriculum, Assessment and Reporting (QCAR) policy. QCATs have been the standards-based assessment tool used by state and some nongovernment schools since 2009, administered by the Queensland Studies Authority (QSA) under a Memorandum of Understanding (MOU) with Education Queensland.

The MOU lapsed on 30 June 2012. QCATs for 2012 have been developed and schools have the option to participate this year. The QSA has stated that they will continue to support schools to implement the 2012 QCATs during Term 3. A range of resources is available to assist schools with this process at www.qsa.qld.edu.au/3163.html . Schools are encouraged to contact the QSA for all curriculum or logistics-related queries about 2012 QCATs.

Catholic sector discusses weapons in schools issue The Queensland Catholic Education Commission has met with Professor Paul Mazerolle to discuss the issue of weapons in schools in response to a recent incident at a Catholic school and an earlier decision by Education Queensland to ban all knives in state schools. Professor Mazerolle’s report, Weapons in schools in Queensland - The nature, causes and responses, was discussed with the Commission recently.The meeting will be followed by a wider forum for Catholic education leaders to be led by Professor Mazerolle in the near future. QCEC Executive Director Mike Byrne said the QCEC had already been considering the findings of the Mazerolle report which had been commissioned as part of the Queensland Schools Alliance Against Violence (QSAAV). “Data in the report shows that schools are inherently safe places for our young people. However, the issue of weapons, and knives in particular, is a complex social and mental health issue that requires ongoing consideration not only by schools, but also by the broader community.” Mr Byrne said Catholic school authorities have to date “responded proportionately” to the risk associated with some knives in line with the Weapons Act, and, unlike the

state sector, had not ‘blanket banned’ small fruit knives or craft knives, for example. “We believe it is necessary to carefully balance the risks involved with the need for students, parents and teachers to have a manageable and welcoming school environment.” Catholic school authorities also take a ‘whole of school’ approach to bullying, violence and weapons that places emphasis on programs to help students develop positive relationships and conflict resolution skills, he said.

“The Catholic sector is committed to ensuring that students have the safest possible school environment. This meeting and forum process, with Professor Mazerolle’s input, will give Catholic school authorities an opportunity to further consider their policies and procedures in relation to weapons. Each school authority periodically reviews their policies and procedures and decisions around student safety and risk management are a matter for each of them in the context of their local communities.”

Questioning the early childhood education sector What are the new laws and requirements for community kindergartens if there is a serious accident or complaint? The Department of Education, Training and Employment must now be notified of any serious incident or serious complaint at an approved education and care service under Section 174 of the Education and Care Services National Law. The Australian Children’s Education and Care Quality Authority (ACECQA) publishes forms on its website to enable approved providers to inform the department of such occurrences. ACECQA forms SI101 Notification of Serious Incident and the NL01 Notification of Complaints and Incidents - (Other than Serious Incidents) currently require approved providers of services in Queensland to lodge these forms directly to their local regional office for processing.

For further information regarding the legislative requirements for education and care services and for regional office contact information, visit http://deta.qld.gov. au/earlychildhood/ What are my entitlements to long service leave if I am terminated from my job? Teachers and assistants have an absolute right to payment of LSL on termination after 10 years, under the provisions of the Industrial Relations Act 1999 (Qld). There is a qualified right to LSL between seven and 10 years. (The qualification being that LSL is paid to those who resign for retirement, ill health, or ‘domestic or other pressing necessity’ or who are terminated for redundancy, or unfairly terminated.) There is no entitlement between zero and six years, but the employer can always be generous. The entitlement of teachers and assistants for LSL at the rate of 1.3 weeks for each

year of service originated in the Early Childhood Education Award. The LSL entitlement emanating from that Award is reproduced in all ‘models’ of enterprise agreements on which the IEUA-QNT is aware. However, the Early Childhood Education Award only applied to teachers and assistants. Administrative employees (or cleaners or cooks) traditionally received only the LSL entitlements under the Industrial Relations Act 1999 (Qld), that is, an accrual rate of .8666 weeks for each year of service. There are only a handful of kindergartens where administrative employees (or cleaners or cooks) are covered by the same agreement as the teachers and assistants and consequently receive the enhanced LSL accrual. For further information contact IEUA-QNT Senior Industrial Officer John Spriggs on jspriggs@qieu.asn.au

September 2012

SCHOOL OFFICERS

The benefits of applying for reclassification

The increasing complexity and intensity of the work required of school officers is all too frequently not properly recognised in their position descriptions with consequential detrimental impact on their classification and wage level.

Whether they are working collaboratively with teachers, completing complex administration tasks, keeping our science laboratories and libraries integrated with the curriculum, school officers contribute to the education of students in critical ways.

the benefits of having an accurate and appropriate position descriptions so they could receive the level of wages which recognises the level of skill, responsibility and qualification that are inherent in the position.

School officer positions are classified under a competency based structure which recognises the level of knowledge and skills, responsibility and required qualifications. The key to an accurate position classification is therefore the position description.

School officers across the various sectors and in both Queensland and the Northern Territory were given the opportunity in the campaign to review and revise their position descriptions as a first step in asking their employer the question – Are you recognising the contribution I make as a school officer?

For many years school officers have suffered inaccurate classification of their position due to the inadequacies of their position descriptions and have thence suffered from a lack of recognition in the classification level of their valuable skills and contribution to the education of students. School officers have the right to a current and appropriate position description that recognises schools and school office work has changed. Over time school officers have been asked to acquire more and more skills and use these skills at a higher level; while the job may have changed often the classification of those jobs have not. Campaigning for recognition In 2011 the ‘Recognise, Reclassify, Reward’ campaign educated school officers on

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Our Lady of the Angels’ School finance secretary Juanita Quetcher was one school officer who undertook a review of her position description and was then reclassified at a higher level as a result. “Going through the reclassification process was a long one, but I have been rewarded with a classification I feel is more appropriate given what is now expected in my role as well as now having an up-to-date position description,” Juanita said. She said she would advise other school officers who felt they were being expected to do more in their current level to review their position description and apply for reclassification. After months of completing work that

she was not originally employed to do, St Joseph’s School Stanthorpe school officer Angie Sims decided to apply for reclassification. “I’m glad I did it now (as I) had one of the three positions I have at the school reclassified. Sometimes you just have to stand up for what you believe in, “ Angie said. She said she now maintains accurate records of what she does in her roles to ensure she is properly remunerated. “It’s just nice to know that if you are doing your job then you are going to get paid the right amount for doing it.” A school officer’s job is a very involved one, both complex and most importantly integral to the overall operation of our schools. Position descriptions should recognise the diverse and skilled work of school officers, provide greater clarity around the duties and responsibilities for school officers and most importantly recognise and reward the diverse range of skills and knowledge that school officers bring to their positions. School officer members who think it might be time to review their position descriptions are encouraged to contact their IEUAQNT organiser for information on what steps are needed to review their position descriptions.

JOB SEARCH SUCCESS

How to jump into your teaching career Our union receives frequent enquiries about employment opportunities and vacancies in Catholic and Independent schools. IEUA-QNT Assistant General Secretary Ros McLennan reports on how pre-service teachers can take their first steps towards a rewarding teaching career. The quality of education that can be delivered to Australian students relies on our profession’s ability to attract and retain committed, enthusiastic and engaged graduate teachers. Our teaching colleaguesto-be will soon have to face increased workload, legal liability issues, changing curriculum, reporting and assessment structures and negotiations for professional pay and conditions; all are challenges in an otherwise rewarding career. However, before they can become a teacher, preservice teachers are encouraged to start the serious business of job search. Advice for job seekers Job hunting should be your full time job Research schools of interest, attend professional or industry meetings, network, customise your resume and cover letter and explore employment options other than the print media. Stay healthy - Eat sensibly, exercise and minimise stress. Volunteer - Make new contacts, develop your skills and demonstrate your sense of community/work ethic. Make weekly plans - If you fail to plan, you plan to fail. Have a support network - Friends are your primary ‘networks’ and can provide a second opinion on your application letters, resume and interview outfit. Relatives, contacts or friends in the teaching profession or working in schools can also give you advice on positions coming up, possible contract opportunities or special projects that may need short-term staff. Alternatives to full-time work - In a parttime or fixed-term contract work will build your work experience profile in the short term, and will enable you to develop a pool of professional contacts and references. Short-term employment can sometimes turn into an ongoing position – or give you

Finding a job: your first steps As you take your first steps into teaching, remember also the importance of being an involved and informed union member.

an ‘edge’ when a permanent job does arise.

in the future?; What induction program is available?; What ongoing professional development support is available to graduates?

Making a positive impression at interview It’s a competitive world and you can be up Tips to keep in mind against any number of applicants. There are many factors that determine your success Be an active listener. Responding to questions regarding the at interview - most of which you can control Ethos of a School requires prior research. and all of which centre around preparation: Self Assessment - The interviewer will While employers will expect all staff to want to explore your values, attitudes, skills support the values of the particular school, and abilities. They will want to know what this does not mean that all staff share the it is that drives you, what your work style same religion. is likely to be and how you will fit in with First impressions are crucial in the work culture and specific demands determining how well you come across of the vacant position. Your capacity to during the interview. Continue to promote your application articulate yourself well comes from knowing after the interview by sending a brief something about yourself. This will also thank-you letter, reiterating your interest in enable you to ask the right questions about the position and reconfirming the details the position and the work place. of the follow-up steps as organised at the Avoiding stress - Interviews can be interview. stressful. Preparation will help you be more relaxed and confident. Ros McLennan Targeted selection or behavioural rmclennan@qieu.asn.au questions - With the targeted selection technique (or behavioural interviewing) you may be asked for evidence of how you have demonstrated a particular skill or action. Keep answers concise and to the point. Mention what the problem was, what you did to overcome it and the outcome. Questions for you to ask - In Seeking inar ‘Strategies for reality, everyone in need popular sem er ch year mb ea me ld to he e is ns r’ In respo nt Education Secto an interview is me ern ov er n-G mb No me iversity or any Employment in the both interviewer their final year of un in y ers tor mb his t me en te ym cia for asso g their emplo and interviewee l advice on updatin d Matthea seeking professiona Jessica Drabsch an ne Ju in r ina at the same time. sem ’s ar ye ended. The s att thi o At wh o. portfoli t 80 other members gs on You can help turn am re rs are we e) out what employe Cowdroy (abov speakers talking ab the interview into est er. Also gu ch ed tea lud ate inc du r semina riences for a new gra pe ex l s, na tip a conversation and rso pe iew d looking for an strategies, interv vice on job search . ad l ion ca communicate your rat cti pa pra is pre e ed includ ry resum vice and contempora interest by asking: application letter ad What direction do you see the school going Review our website www.qieu.asn.au/ graduates or call our union office on FREECALL 1800 177 937 to access current job search information. Go to Catholic Jobs Online at www.catholicjobsonline.net.au. This website of Catholic education employment vacancies allows

prospective employees to upload their profiles and employment ‘expressions of interest’ online. Search the internet for practical tips on the job search process and check the websites of potential employers to find out more about their school and education vision.

September 2012

NORTHERN TERRITORY NEWS

Importance of collective bargaining for enhanced wages and conditions Collective bargaining is the primary way our union secures enhancements to wages and conditions for members. Preparations for the endorsement of the log of claims by members are currently underway ahead of bargaining in the Northern Territory Catholic sector. Member resolve resulted in new classification structures and wage enhancements in the previous collective agreement for Catholic school employees. Benefits of collective bargaining New data shows that more than 2.4 million working Australians are currently covered by collective agreements. The ‘Trends in Enterprise Bargaining Report for the September Quarter 2011’ shows the number of employees covered by collective agreements grew by 350,000 since commencement of the Fair Work Act. By 30 September last year 22,731 agreements were in place covering over 2.4 million employees across a range of industries. This report shows collective bargaining has allowed workplaces to set pay and conditions suiting the needs of employees. The report, by the Department of Education, Employment and Workplace Relations, also shows the Fair Work system is delivering sustainable wages growth. The average annualised wage increase for agreements approved under the Fair Work Act since its enactment is four per cent. Agreements under the Fair Work system also contain a range of provisions with the potential to improve productivity in workplaces. Benefits of union membership IEUA-QNT membership ensures a stronger voice in collective bargaining so that members can achieve better working conditions. Members can keep up to date with the progress of collective bargaining negotiations by visiting www.qieu.asn.au .

St Joseph’s College, Katherine, members are aware of the benefits of a strong Chapter in collective bargaining negotiations

What is in the Catholic employee log of claims? Resourcing the expanding role and duties of teachers Additional preparation and correction time is essential to addressing the expanding role of the teacher. An inappropriate amount of this time infringes upon teachers’ ability to provide high quality education. This should be recognised with a clear provision in the agreement. The current hours of duty provisions that were negotiated some time ago provide for a quantum of preparation and contact time that reflects previous work demands. Matters pertaining to hours of duty should be reviewed and consolidated in to a provision within the agreement. Contemporary and equitable remuneration All employees should receive wage increases that reflect national benchmarks and consistency of remuneration across sectors for similar positions or similarly classified positions. A minimum percentage paid to an employee’s superannuation, irrespective of any co-contribution, be increased from nine per cent of ordinary time earnings to 10 per cent. Enhanced leave provisions Special leave of up to five days per year for employees subject to domestic violence. Positive provisions allowing paid leave gives staff the ability, where appropriate, to attend

court, source alternate accommodation and seek professional counselling. In addition, the ability to access paid parental leave at half-pay for double the time. Professional development (PD) A PD program to be developed at a school level through a process of consultation with staff. Provisions for access to PD for staff in remote areas should also be negotiated. Job security Limit on the use of fixed-term employment to circumstances of identifiable short term need. A review of current fixedterm employees to identify whether it is appropriate that they are transferred to continuous employment status. Position descriptions A provision should be negotiated where every two years a current role description, including line of authority, is reviewed or developed and agreed with each employee. Consultative Committees Establishment of consultative committees allow employees to take on a more collaborative role with the employer in resolving issues at the school level. The contemporary agreement should support the establishment of consultative committees in all schools.

LEFT: Chapter Executive members, such as Membership Coordinator Elise Fenn, Staff Representative Jacinta O’Neill and Network Coordinator Tim Francis from St Francis Xavier School, Daly River, provide leadership and information to members during collective bargaining negotiations

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STAFF IN AUSTRALIA’S SCHOOLS SURVEY

Teacher workload, satisfaction and career plans With the release of the recent Staff in Australia’s Schools Survey, IEUA-QNT Assistant Secretary/ Treasurer Paul Giles comments on its results and implications for the education sector. The Staff in Australia’s Schools Survey (SiAS) is an Australia-wide survey to collect information from school teachers and leaders employed in government and nongovernment primary and secondary schools about their background and qualifications, their work, career intentions and school staffing issues. The information helps inform important workforce issues such as teacher career and retirement intentions and current teacher shortages, and provides critical information for governments, education unions, teacher educators, professional associations and teachers in planning the future of Australia’s schools. In the most recent survey (2010-2011) responses were received from 4,599 primary teachers, 10,876 secondary teachers, 741 primary “leaders” (defined as Principals, Deputy/Vice Principals and their equivalents in various school systems) and 838 secondary “leaders”. At a time when the expanding role of the teacher is being considered in major sectors as-well-as single site schools, consideration of the results in regard to workload, job satisfaction and future career intentions are worth noting and considering.

private life balance and influencing their future career intentions. Many teachers report that their workload is excessive giving very significant amounts of time above and beyond that for which they are remunerated. On average, both full-time primary school teachers and fulltime secondary teachers are reported to spend 46 hours per week on school-related activities. Full-time primary leaders reported spending on average 56 hours per week and secondary leaders reported 59 hours per week spent on school related activities. For many of these educators such hours impact negatively on their work/life balance and family commitments and are a major concern. Many teachers are dissuaded from moving into leadership roles because of these time demands on top of the high quantum of hours they are already expending as teachers. Remaining in the teaching game For 58 per cent of primary teachers and 52 per cent of secondary teachers there is no certainty in regard to how long they intend to remain in teaching. Male teachers are more likely to indicate that they intend to leave teaching than are female teachers and the most important factors for leaving teaching are that the workload

is too heavy and/or that there are better opportunities outside of education. It is also quite disturbing that 44 per cent of primary leaders and 30 per cent of secondary leaders are unsure as to how much longer they intend to continue working in schools. These issues of workload, retention in teaching and leadership as well as the value accorded educators, are issues that need to be addressed if education in Australia is to flourish. Paul Giles pgiles@qieu.asn.au Full survey results and discussion are available at: Phillip McKenzie, Glenn Rowley, Paul Weldon & Martin Murphy (2011). Staff in Australia’s Schools 2010: Main Report on the Survey, Australian Council for Educational Research. http://www.deewr.gov.au/ Schooling/Documents/SiASMainReport.pdf Paul Weldon, Glenn Rowley & Phillip McKenzie (2011). Profiles of Teachers in Selected Curriculum Areas: Further Analyses of the Staff in Australia’s Schools 2010 Survey, Australian Council for Educational Research. http://www.deewr.gov.au/ Schooling

Job satisfation Overall, teachers report high levels of job satisfaction and in a significant majority of cases that satisfaction is strongly related to their relationships with colleagues and their working relationships with the parents/ guardians of the students they teach. It is the interpersonal relations with colleagues and the wider school community that teachers find most rewarding. The areas of least satisfaction for teachers are with the value that is placed on teachers and educators and the amount of administrative and clerical work that they are expected to do. Similarly the majority of leaders are at least “satisfied” with their job and gain that satisfaction from working with their colleagues and parents and having a positive influence on student learning and development. Expanding role of the teacher The work and time demands of the job are, however, causing dissatisfaction for well over half of the leaders surveyed as they are impacting negatively on their work and

September 2012

KNOWING YOUR RIGHTS

Duty of care: An issue for teachers and schoo A duty of care will always be found between the school, teacher or school officer, and a student whenever the student is in care or custody of the school. It is therefore essential that educators are armed with knowledge as to their rights and responsibilities to enable them to prevent possible injuries occurring and to deal with the ramifications appropriately. A duty of care will be owed: during school hours when the child is in the classroom or on the kindergarten grounds (this issue was detailed in the July edition of this journal); on excursions; when a child is undertaking errands or reporting to the office to be reprimanded; at potentially any other time the school or teacher or school officer attempts to exercise control over the students action. The duty owed by schools, teachers and school officers is to take reasonable steps to protect students from reasonably foreseeable harm. It is not a duty to ensure that no injury will ever be suffered by students. Given that a duty exists, it is necessary to look at the standard of care which will be expected of the school and its teachers and school officers in the circumstance. Such

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matters which must be considered are: age; hazard; disability.

the employer/employeeâ&#x20AC;&#x2122;s insurer may seek reimbursement from the employee of payments made as a result of the employeeâ&#x20AC;&#x2122;s proven negligence.

Breach of Duty of Care Once it is established that a duty is owed, it needs to be determined whether a breach of the duty of care has occurred.

An employee will usually only be liable to pay damages where the employee has acted outside the scope of their authority, or wilful or serious misconduct is found on the part of the employee, for example refusal to undertake a lawful direction.

A breach will most often occur from: Failing to provide adequate supervision - Although teachers owe a duty to supervise, the duty may not be breached if an injury occurs in the absence of supervision where there is evidence of a reasonable attempt to install a supervisory system to guard against injury ie teacher on patrol. Failing to provide adequate instruction - Whether this results in a breach of duty will depend largely on the age and capacity of the students and the risks involved. Failing to intervene in a situation - For example you know that elastic bands are being thrown around the room but you fail to intervene. However, employees are not expected to put themselves at risk, for example with a knife wielding student. Who will be Liable? The employer will generally be liable for the actions of a teacher. However, as all employees have a contractual duty to their employer to exercise reasonable care and skill, the legal position is that

Defences in an Action for Negligence The following defences may be raised by a school, a teacher or a school officer in an action of negligence: Voluntary assumption of risk - For this defence to succeed, it must be shown that the student understood the risk of injury and voluntarily incurred the risk. This may be a rare incidence in the cases of very young children. Contributory negligence - This may be raised where the student is found to have contributed to their own injury, depending on their age and any disability. Protection from Potential Liability in Negligence Schools, teachers and school officers can minimise their potential liability by: maintaining appropriate guidelines for activities and ensuring these are followed; acting promptly and intervening as early as possible when a potentially dangerous

claims arising out of any negligent act, error or omission occurring within Australia. It also covers costs and expenses incurred in depending or settling any claim that may be made. Like all insurance there are always areas where particular circumstances will need to be investigated by the insurer prior to paying. Claims which have been brought about or contributed to by dishonesty, fraud or criminal or malicious acts are excluded. Primarily, the person involved should be provided with indemnity by their employer. However, there could be a number of reasons which result in the person not having their employer indemnify him/her.

ol officers situation arises; properly maintaining equipment and confiscating dangerous implements; erring on the side of caution to accommodate potentially risky situations, particularly in supervising students; reporting dangers or potential dangers to the principal; assisting injuries as soon as possible and making notes and obtaining statements from witnesses regarding the circumstances of any accident. Liability Insurance The law relating to liability to pay damages for negligence will arise where three elements are established: there is a duty of care in the situation; there has been a breach of this duty – a failure to take reasonable care; damage or injury has been caused or contributed to by the breach of duty. Usually, initially the school is liable; however, as employees have a contractual duty to their employer to exercise reasonable care and skill, the legal position is that the employer/employer’s insurance may seek reimbursement from the employee, as a result of the employee’s proven negligence. IEUA-QNT has an indemnity policy which covers members for amounts to which they become liable by way of compensation for

This could occur if the incident arose some time ago, and the school/college/ kindergarten had since closed, or where there was a serious rift between the teacher and the school/college/kindergarten.

to members for matters which do not fall within the two categories above. In such matters, our union would arrange a free half hour consultation with our union’s solicitors. The solicitors currently provide a 25 per cent discount on their fees charged for performing work for the member arising from this consultation. General Our union will arrange legal representation, if necessary, through our union’s solicitors. Our union is not responsible for any costs incurred privately by a member. Our union will not meet legal costs where the member seeks advice without our union’s approval. Legal advice is provided only by the nominated firm of solicitors or their nominated agents.

The cover is one of “Contingent” Liability, and is not intended as a Primary Liability cover. Each member should ensure they have an adequate householder’s policy which should include a personal liability extension, for their activities other than at school. The union member cover is only for protection against claims arising out of your employment. Legal Assistance As another service, our union offers three forms of legal assistance to members: Free legal assistance may be provided to members in matters, both civil and criminal, arising directly from their employment. If a charge is brought against a member for a matter arising directly from the employment situation, our union is able to provide legal representation for the member. However, the Union Council reserves the right to make a determination to meet no costs or a proportion of costs based on the particular circumstances of the matter. Subsidised legal assistance may be provided to members in relation to matters not arising directly from employment, but which could have a bearing on employment. This assistance can be provided for criminal matters which do not arise from the employment situation, but for which a conviction may lead to dismissal. The extent of the union subsidy would be 30 per cent of legal costs. Our union’s solicitor would provide a 25 per cent discount on fees as well. Extended legal assistance be provided

KEY POINTS •

The duty owed by schools, teachers and school officer is to take reasonable steps to protect students from reasonably foreseeable harm. It is not a duty to ensure that no injury will ever be suffered by students

•

Once it is established that a duty is owed, it needs to be determined whether a breach of the duty of care has occurred. A breach will most often occur from failing to provide adequate supervision, failing to provide adequate instruction or failing to intervene in a situation

•

IEUA-QNT has an indemnity policy which covers members for amounts to which they become liable by way of compensation for claims arising out of any negligent act, error or omission occurring within Australia

September 2012

PROFESSIONAL ISSUES IN EDUCATION

A strong case for Mother-tongue-based multilingual education Evidence shows that students who learn a second language are a greater success overall in education. IEUA-QNT research officer Miriam Dunn reports on a recent conference which examined the vital importance for the maintenance of linguistic diversity in schools. At the recent Australian Council of TESOL Associations (ACTA) International Conference held in Cairns, keynote speaker Dr Tove Skutnabb-Kangas from the University of Roskiled in Denmark, embraced the conference theme comprehensively. TESOL as a Global Trade: Ethics, Equity and Ecology enabled many presenters to interrogate the impact of language learning in a multi-faceted manner. Dr Skutnabb-Kangas’ presentation had a very controversial title: Today’s Indigenous education is a crime against humanity. MLE (Mother-tongue-based multilingual education) as an alternative? She argued that the maintenance of linguistic diversity is counteracted by the increasing dominance of English and other “killer” languages. These, she says, are often learned subtractively, at the cost of the mother tongues instead of being in addition to mother tongues. The evidence showing that students who

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learn bi-lingually tend to have greater success overall in education is too often pushed aside despite ample rhetoric about the importance of Indigenous, tribal and minority languages.

legally, it can be seen as a crime against humanity.” She argued that in pursuing education policies that work to eliminate languages, the culture that every language carries is also eliminated.

Dr Skutnabb-Kangas went on to say that “Education and mass media are the most important direct causal factors in the disappearance of languages: structural political and economic factors are behind them.”

Dr Skutnabb-Kangas also pointed to the Article in the Convention concerning the “Causing serious bodily or mental harm to members of the group,” saying that the mental harm that speakers of Indigenous, tribal or minority languages experience as a result of the cultural dislocation they experience by being forced to engage with the dominant language (in our case English) constitutes such “mental harm.”

But why should this be a matter of concern? Dr Skutnabb-Kangas pointed to a wealth of scholarly work that shows that “Much of the knowledge about how to maintain the world’s biodiversity is encoded in the small Indigenous and local languages.” As these languages become extinct, the knowledge they encode will also disappear. In Dr Skutnabb-Kangas’ view that the ensuing “Linguistic homogenisation may thus be destroying the prerequisites for human life on earth.” She talked, too, at some length about the current educational practices in most countries today for children with Indigenous, tribal or minority languages as something that “can sociologically, psychologically and educationally be termed genocide, according to the United Nations Convention on the Prevention and Punishment of the Crime of Genocide;

Dr Skutnabb-Kangas argued convincingly for the vital importance for the maintenance of linguistic diversity. She provided examples of effective education practices, but clearly favoured teaching the whole of curriculum in the Indigenous, tribal or minority language for the first years of education, before entering into other language instruction (Mother-tongue-based multilingual education). Strong literacy in one’s first language thus provides a powerful springboard into the learning of subsequent languages. Miriam Dunn mdunn@qieu.asn.au

PROFESSIONAL ISSUES IN EDUCATION ill this How w ou? affect y

Review of the Disability Standards for Education

The recent review of the Disability Standards for Education 2005 (the Standards) provides a good framework for promoting the requirements for students with disability to be able to access and participate in education on the same basis as all other students. However, the reviewers also found that how the Standards have been applied in practice, the clarity of some key terms in the Standards and the interpretation of the Standards and adherence to requirements have undermined their effectiveness. The review found that general awareness about the Standards across education sectors, the users and providers is low and that there is a lack of targeted information addressing issues relating to each level of education as well as information for the general community; information about the Standards is also not easy to access. Some of the key terms such as consultation and reasonable adjustment are unclear to many who need to work with the Standards and there are no user-friendly, sector-specific guidelines to clarify such terms. Another matter of concern is that while child care providers increasingly offer preschool programs, they are not covered by the Standards. It was also noted that there is no strong accountability framework to back up the obligations and requirements under the Standards. In response to the review, the federal government has indicated that while it supports in-principle a number of the recommendations relating to revising the Standards, “any decisions about changes... will be deferred until after the outcomes of the project to consolidate Commonwealth

anti-discrimination laws are clear.” In response to recommendations relating to raising awareness about the Standards, the government has indicated that it will work with relevant agencies to add information about the Standards to existing resource materials and produce additional information to address the need for specific information as identified in the Review. Government departments will work together to make the necessary amendments to the Standards to include child care providers and to clarify that Registered Training Organisations are covered by the Standards. DEEWR will investigate ways to develop national consistency in the format of and support for effective use of individual education plans across jurisdictions. The government response also indicates

that relevant departments will work to consolidate Commonwealth antidiscrimination laws to identify appropriate ways to improve compliance processes and investigate options for incorporating compliance requirements into existing frameworks and reporting arrangements. The government has also stated that it will promote inclusive education practices through the mechanisms established for future schools funding. The final point in the government response to the Review is that it is “committed to establishing nationally consistent data for supporting students with disability and that it will consider how... governments can ensure that adequate resources are available to support effective implementation of the Standards and train education staff to deliver high quality education to students with disability.”

TEACHER EXCHANGE Five years teaching experience + IEUA-QNT

Work overseas and retain your accrued entitlements. United Kingdom; Ontario, Alberta, British Columbia, New Brunswick, Canada; Colorado, USA!

membership

Check out our website

OPPORTUNITY!

- Click on Membership sectors then Teachers then Overseas Exchange Program.

www.qieu.asn.au

Contact Kay on FREECALL 1800 177937 (QLD); 1800 351 996 (NT) or kholloway@qieu.asn.au

September 2012

Members’ voice loud and clear in the Ca Members in Catholic schools have sent a clear message to Catholic employing authorities that the onus is now on them to resolve current collective bargaining negotiations. Members overwhelmingly authorised protected industrial action in ballots conducted in August in the face of employer intransigence on key items in the endorsed employee log of claims. Employee representatives have consistently sought a negotiated outcome in the SBU meetings and in early August tabled a draft agreement setting out provisions which would resolve the outstanding matters. The document tabled remained consistent with the employee log of claims but took account of a number of reasonable employer arguments and considerations. For their part the employers largely maintained their positions except to make a highly conditional offer on their claim for an additional 18 hours of employer directed professional development time. In Religious Institute schools the employers would remove their claim if employees forgo all of our claim for consideration around resourcing the expanding role of staff in schools. In Diocesan schools the employers reduced their claim to an additional six hours of employer directed professional development if employees were to forgo all of their claim except that Diocesan employers were prepared to agree to a working party to review how preparation and correction time is used in schools if they can agree to the terms of reference. Employers have asserted that their claim is not a time grab. However, employees could only reject the claim while it remained tied to the near refusal to address the non-contact provisions even at the level of defining noncontact time as ‘preparation, correction and planning’ time. Employee representatives also presented a restructured wage position which would meet significant employer concerns and give employees greater wage justice

Unity College

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than the current public sector driven Catholic employer position. At SBU meetings in late August, employee representatives tabled a restructured wage claim which takes account of employer ‘considerations’ around the public sector offer of 2.7 per cent per annum but also an employee view that employees should be recognised and rewarded with additional payment for the work they do to provide quality Catholic education and achieving high outcomes. Catholic employers have employee proposals before them which could resolve negotiations well before their artificial deadline of 19 October. However, employee patience has its limits and with thousands of employees in Catholic schools authorised to take protected industrial actions, impatience gives way to taking that protected action.

Employees have been more than reasonable and patient over more than six months of negotiations and consistently prepared to consider legitimate employer positions. In the face of employer inaction, employees would have no other choice than to take their authorised protected actions to focus Catholic employers on the need for a negotiated outcome which recognises the work of all staff in their schools.

Ryan Catholic College, Townsville

St Edmund’s College

MEMBERS IN ACTION

Catholic sector

IEUA-QNT members rally in support of QTU IEUA-QNT members joined with their Queensland Teachers’ Union colleagues in solidarity during a rally outside Parliament House on 20 June and 31 July, in response to the state government’s ongoing attack on the education sector.

Bayside Area Meeting

The rally stridently asserted that workplace conditions in the education sector are “not for sale” in the wake of the state government’s unreasonable enterprise bargaining package offer to state school teachers. The government has offered a 2.7 per cent wage increase and seeks to strip key employment conditions from the agreement. This would allow the government to make changes to workplace provisions without any consultation of staff. Many of the working rights which have been fought for and gained over time and which have always been protected in successive collective agreements will be potentially lost.

Metro and North Metro Area Meeting

lege

How will this affect our sectors? The outcome of this government proposal will also impact upon education and education employee conditions across the state and within the non-government education sector. Members employed in Queensland Catholic schools have noted that Catholic employing authorities have offered a wage increase that is identical in quantum to that offered to state school teachers.

St Mary’s College

It is clear the outcome of these state sector negotiations will have follow-on effects in other sectors. Members in the non-government education sector are keenly aware of the need to protect teaching conditions in the interests of quality education.

PHOTOS RIGHT: IEUA-QNT and QTU members unite in support of working conditions in the education sectors

September 2012

The power of the collective in action IEUA-QNT have a proud history of education professionals standing up for their own rights as employees and for the right of the students in their care to receive the best possible education. While our union prefers to take action that does not intrude on the delivery of the educational programme to students, and while we have never lacked strong active members and Chapters, it is a rare occurrence for members to take industrial action. In the past this has happened though and it is a powerful reminder to us all that when the stakes are high, employees will take action to ensure that things they hold as important are achieved. Industrial action since 2009 The Lutheran education sector have previously demonstrated their willingness to stand up for their working rights and conditions when members undertook industrial action, including work stoppages and collective badge wearing, during collective bargaining negotiations in 2009. Due to members resolve in acting collectively a successful agreement was reached which included a wages outcome for teachers of wages parity with their South Australian colleagues. Similarly in 2009, member solidarity was a feature of the campaign for professional

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rates of pay in the Catholic sector. Members at the Chapter level regularly met to keep informed about aspects of the campaign and to undertake solidarity activities, with Chapters authorised to take protected industrial action at the forefront of industrial action. Across the sector members in schools not authorised to take protected action also demonstrated collective action by undertakening solidarity activities in support of their colleagues. School officers and services staff also held meetings and endorsed resolutions in support of their teacher colleagues, recognising that teacher support in past rounds of negotiations had been fundamental to achieving better conditions for school officers and services staff. Catholic sector members were united in their determination to see professional rates of pay in Catholic schools to recognise the work of teachers and their commitment to Catholic education. Protected industrial action also occured in 2010 in PMSA schools, in support of their professional rates of pay campaign. Members took extensive industrial action, including a protest action week and a stop work action day in a clear statement that employees would not accept the disrespect shown to them by the PMSA in collective bargaining negotiations. The collective resolve of members helped to achieve significant gains to their collectve agreement and recognition of their contribution to high quality education in PMSA schools.

Industrial action makes a difference In 1983 significant collective action took place in a small Catholic school in Brisbane. To understand the context of the strike it is informative to look to the article, written by Maria O’Neill, which appeared in the March 1983 edition of our union journal The Independent Teacher. The background helps us to understand the strength of commitment to the rights of the students and their families that led to such a powerful expression of their views. “Over the years parents have battled to maintain enrolments and in the process have built very strong supportive relationships among themselves and with the staff. Over the years, too, teachers have established, through trial and error methods, a set of practices in their dealings with parents and children which when viewed together constitute a distinctive school character. Among these practices was that of careful attention to the costs of activities like camps and sports; a simple recognition that a good number of families lived on very inadequate incomes. Another involved the role of sport and physical education in the curriculum. Because several of the children have physical handicaps and given the smallness of the school, a firm commitment to a non competitive sporting program was developed. Thus all kids could participate. “Perhaps the most outstanding feature of the school’s administration was its close relationship with parents. Parents have

HISTORY OF OUR UNION

increasingly been involved through processes of communication and consultation. Parents have been encouraged to come to extra curricular events and to take part in their planning.This practice has facilitated the children’s participation in activities because parents can be there to encourage them and has led to a greater understanding by parents of educational needs and processes. In particular, this process was most effective with ethnic parents unused to Aussie cultural mores like swimming and going on camp.” This is the kind of school community that was functioning extraordinarily well. You can hear the echoes of a happy, hardworking staff who know their students well and who have gone beyond the demands of curriculum delivery to ensure that the whole school community was healthy and functioning in a way that ensured the best outcomes for the students in their care; their commitment and passion is evident in these words. However, a change in administration brought with it a threat to the distinctive character that had been so carefully constructed by the staff and parents in the past. “A no-cost camp site, already booked, was rejected in favour of one where a charge is made. Events of particular importance to the children, including an interschool ball, were cancelled. A specialist sports teacher who indicated her preference for competitive team games was to be hired. A levy on families was to pay for this new facility.” Naturally staff communicated their concerns to the Administration and, subsequently, to the Catholic Education Office (CEO). Clearly the staff were perceived as a powerless group who could be ignored. This was a significant error. With the cooperation of the parent body - with whom the staff were used to working and planning

- strike action was taken, initially for one Wednesday afternoon. However, when no solution was forthcoming, teachers and parents agreed to strike the following day as well. Still no satisfactory outcome was reached and so the parents organised a roster to care for all students on the Friday so that all teachers would be able to attend meetings instead of some having to supervise those students whose parents could not make arrangements for childcare. Finally, the employer realised that this strong community would not tolerate their concerns being ignored and, on the Sunday following, a resolution to the situation was agreed upon. It was a wonderful victory for the collective action of a small group of dedicated professionals and committed unionists. Looking toward the future We must never lapse into a complacent belief that we do not need to be activists. It is unlikely that the staff involved in this strike action ever thought they would be pushed so hard. Their understanding of their industrial rights and strengths coupled with the professional relationships with the school community enabled this action to occur and to be successful. In current Catholic sector collective bargaining members are again considering taking protected industrial action, to ensure professional wages and conditions for all employees. And again, the collective voice of our members will be the driving force behind the campaign. In the 93 years of our union’s existence the strength of the collective - the capacity for individuals to come together as a powerful force and shape the future of their schools and their own working lives - is the strength that has ensured the life and dynamic growth of our union. It is a legacy that we can draw upon to strengthen our campaigns on behalf of members.

WHAT IS PROTECTED INDUSTRIAL ACTION? The right to take protected action is enshrined in federal industrial legislation. It is against the law for any employer to disadvantage an employee because they exercise their basic legal right to take protected industrial action. What is protected industrial action? Protected industrial action is industrial action that is organised or engaged in for the purpose of supporting or advancing claims sought to be included in a collective agreement. Such action must be authorised by a protected ballot. What are the conditions of taking protected industrial action? Industrial action will be protected where it is taken during bargaining (but after the nominal expiry date of the previous agreement) and where the bargaining representatives: are genuinely trying to reach an agreement; are not engaged in pattern bargaining; and have obtained authorisation through a protected ballot order. Who can take protected action? Only union members who are to be covered by the proposed agreement are legally protected in taking action. For industrial action to be authorised a succesful ballot must occur, where at least 50 per cent of the employees on the role of voters vote and more than 50 per cent of those who vote approve the action.

September 2012

SUPPORTING FLEXIBLE WORKING ARRANGEMENTS

Balancing your work/life options with job share Work/life balance opportunities enable employees to arrange their work and personal lives to better manage their commitments including family responsibilities, study and community involvement. Enabling employees to achieve work/life balance through initiatives such as job share also creates many benefits for both the individual employee and employers.

Job share is a voluntary employment arrangement where the duties, responsibilities, pay and other benefits of one full time position are shared between two employees. All full time teachers and school officers working in the major sectors in Queensland non-government schools have the right to request job share. An important mechanism for achieving a better work/life balance, job share is often of greatest interest to new parents and employees transitioning to retirement. At the conclusion of the job share period, both employees return to the position and employment status each held before the job share began. Planning for job share success Job share proposals require the agreement of the employer. This means that good preparation, forethought and planning on the part of job share partners is essential in demonstrating to the employer that there is excellent communication, shared understanding and high level of commitment between the applicants. A good clear plan also shows that the needs of the school and students have also been thoroughly considered and planned for within the proposed job share arrangement. Finding the right partner to share the job share arrangement can make all the difference to a successful job share experience. It is important when considering job share that applicants first access their employer’s job share policy, become familiar with that policy and incorporate all the relevant elements of that policy in the proposal.

The Independent Voice

Addressing concerns Job share is undertaken with the agreement of both the employer and employees involved. While a principal can refuse to agree to a job share proposal in a particular situation, any refusal should only be based upon real and reasoned grounds. Where such reasons are stated, the applicants ought to be permitted an opportunity to constructively address any stated concerns. If the employer rejects a job share application, always ask for the reason and indicate to the employer that you are prepared to negotiate. There are many positive impacts for employers offering job share: being perceived as an “employer of choice”, which aids recruitment and retention of talented employees; reducing turnover and the cost of replacing employees; increasing rate of return from maternity leave; benefiting from two employees’ complementary skills, knowledge and experience in the one position; and reducing absenteeism and workplace stress. How it can work for you Teacher Michelle Craven is currently working seven days a fortnight in a job share role at All Saints Primary School, Albany Creek. Balancing work and family commitments, it was when she decided to go back to university to complete her Masters degree that Michelle decided to enquire about the possibility of job sharing her role. “With job share you are able to talk to someone else

about the class and learn different ways to teach concepts and discuss dificulties in the classroom with children. This allows you at times to confirm your beliefs,” Michelle said. Partnered with another teacher who is also a parent, Michelle said there were many discussions prior to committing to job share on how they were going to run the classroom. “I think it is very important to job share with someone you like and have the same teaching and behavioural management styles. We always write notes to each other of what we have done (and) we also would talk most nights.” She believes it is important for teachers and school officers to be able to access flexible working conditions such as job share to allow more time for themselves to complete extra study or to look after family. “Many people have family responsibilites - older parents, sick relatives - and this allows them time to do this without feeling guilty (that) they are letting the class and family down.” Donna Castelli and Deborah Higgins from St Peter’s School, Caboolture have job shared the role of assistant principal administration since 2011. The ability to access job share at the school meant Deborah could concentrate on completing her second Master’s degree at university while Donna could return to work after giving birth to twins. Donna said their are many positives to job share, including the ability to spend more time with her children while also having the advantage of working with a like-minded

KEY POINTS

colleague who can act as a sounding board for ideas about the way they work together to do the job. “As I returned after two years away a big advantage of the job share was that Deborah was able to share with me what had changed or run with new practices while I caught up on what was different. When I come back full time I will still be up to date with curriculum change,” Donna said. Deborah admits that the job share arrangement has been a success and came a good time in her career. “I will be finishing work in the next two years and the job share arrangement has been an excellent transition to a new stage of my life,” Deborah said. The duo agreed that it is important for all people to have access to flexible working arrangements, whether coming back from giving birth or transitioning to retirement. “All people, no matter what stage of life, can

benefit from flexible work arangements. Having this opportunity available ensures committed, happy and loyal employees,” Deborah said. Donna agrees. “In an era where it is necessary in most families for mothers to work I think it is important to be able to raise your children and be there for them as well as fulfil career aspirations and put food on the table.” Helpful advice One of the many benefits of union membership is expert industrial advice and assistance. IEUA-QNT has produced a comprehensive guide for members considering job share called ‘Job share Application guidelines: A step-by-step application guide’ for teaching and nonteaching employees in Catholic Diocesan schools; however, any union member can find out more about the job share provisions applicable in their school or sector by contacting our Member Services Officers on FREECALL 1800 177 937.

•

Job share is a voluntary arrangement where pay and other benefits of one full-time position are shared between two employees

•

All full time teachers and school officers employed in the major non-government education sector schools have the right to request job share

•

Good preparation on the part of both job share partners is essential to obtaining the agreement of the employer

•

At the conclusion of the job share period, both employees return to the position and employment status each held before the job share began

•

While a principal can refuse to agree to a job share proposal in a particular situation, any refusal should be based upon real and reasoned grounds.If the employer rejects a job share application, always ask for the reason and indicate to the employer that you are prepared to negotiate

•

Some of the positive impacts for employers offering job share include reducing turn over and the cost of replacing employees, benefiting from two employees’ complementary skills, knowledge and experience in the one position and reducing absenteeism and workplace stress

Applying for a job share position STEP 1: Consider eligibility and desirability of job share arrangement STEP 2: Consider cost benefit analysis STEP 3: Begin application process and seek job share partner STEP 4: Complete the job-share proposal template and apply STEP 5: Review negotiated arrangements/letters of appointment and sign agreement

September 2012

PARENTAL LEAVE

Good reasons to remain a union member whilst on parental leave Union members must keep their membership current whilst on parental leave to ensure ongoing assistance. Our union continues to work for you, even when you’re not at work! Here are some good reasons to stay a union member whilst on parental leave. Professional advice on workplace matters Members on parental leave can still access free, confidential and professional advice on any workplace matter. Common inquires can include: job share and flexible work arrangements; rights and obligations when returning to work; pregnant again whilst still on maternity leave; accessing paid parental leave (employerfunded and government provision); redundancy; notice periods for resignation; support for breastfeeding and expressing at work; hours of duty or timetable problems on return to work. Legal assistance Legal assistance may sometimes be required by members on parental leave in instances of: redundancy; teacher registration issues; discrimination and the like. It’s good to know you are covered in this eventuality. Saving money on goods and services Great savings on goods and services can be had using Union Shopper. Union Shopper saves you money on everyday goods and services without hassle and haggle, just telephone (07) 3859 9999 or visit www.unionshopper.org.au Staying in touch A regular e-zine ‘Staying in Touch’ is emailed to all our known members on parental leave. This publication provides quick updates on collective bargaining, key professional matters, and relevant current campaigns. In addition, topics of particular interest are featured including: job share and other flexible work arrangements; teacher registration requirements; paid

The Independent Voice

parental leave; breastfeeding and work; and union shopper promotions. Our union also holds informal information sessions periodically, to enable a social networking opportunity for interested Brisbane-based members. Our union website www.qieu. asn.au has a special section of resources, fact sheets and information especially for members on parental leave. You will also continue to receive your copy of Independent Voice, updating you with all the key Queensland and Northern Territory non-government education sector news, professional issues and industrial campaigns.

Advocacy through professional bodies IEUA-QNT members also have representational roles in the QSA, the Queensland College of Teachers and various other professional committees and bodies. For example, union representatives on the Queensland College of Teachers continue to work to ensure the Continuing Professional Learning and Return to Teach requirements are not excessive and credit all relevant professional development undertaken by members. The CPD requirements and reporting, and access to appropriate professional development opportunities for members on leave also remains a priority.

Improving wages and conditions Even while you are away from your workplace, collective bargaining, working parties and school-level organising is happening to improve working conditions and/or wages for you on your return to work. Our union continues to campaign for enhanced employment arrangements to support breastfeeding and expressing at work in all workplaces.

What will it cost me? Your continued access to union services and advice costs only $3.30 a fortnight and these fees are still fully tax deductible. Call our Membership Department on 1800 177 937 and ask to be converted to our special discounted ‘Parental Leave rate’ for the time you are away from paid work.

Remember... Strong voice on professional issues IEUA-QNT members use our collective strength to influence the state and federal educational agenda and outcomes, for the benefit of our students and our profession. Australian Curriculum and school funding are all current challenges that members will continue to campaign on – and that can potentially have a huge impact on school workplaces. Higher membership means we can make our voices heard.

Keeping up your union membership on parental leave only costs $3.30 per fortnight, which is fully tax deductible. As a union member, you continue to get: professional advice; legal assistance; great savings; updates to keep you in touch; improvements to wages and conditions; a strong voice on professional issues; representation on professional bodies.

Paternal leave rights extended for fathers Fathers will be given extra support to take time off work to bond with their new baby from 1 January 2013. The Paid Parental Leave and Other Legislation Amendment (Dad and Partner Pay and Other Measures) Bill 2012 expands the federal government’s Paid Parental Leave scheme, with Dad and Partner Pay - a dedicated payment to give dads and partners financial support to stay at home for two weeks with their new baby. Dad and Partner Pay will be available to eligible fathers and partners, including adopting parents. Eligible dads will have access to two weeks’ government-funded Dad and Partner Pay at the rate of the national minimum wage ($606 a week before tax). This is in addition to any parental leave provisions available to fathers in collective agreements and can be taken concurrently with the primary carer’s 18 week government funded Paid Parental Leave. St Patrick’s College, Shorncliffe teacher Chris Carlill, who has accessed previous paid parental leave arrangements available to him under the Catholic sector collective agreement, welcomes the new entitlement. “The benefits of taking this time is to help your spouse and newborn transition into the home environment and to also enjoy time as a family,” Chris said. “Any country, especially those with developed economies, should support its citizens in their desire to help build and sustain the family unit; this is where equality is more important than equity.” Australian Trade College teacher trainer Pierre Laurenson (photo right, with daughter Zoraya) took one week paid parental leave as provided in his college’s collective

agreement at the birth of his child in 2011. Pierre said the extra time allowed him to bond with his child and adjust to the new challenges being a parent presents. However, he said he’d like to see even further provisions available to fathers to take additional time off work when their baby is born. “Dads should have the same rights as mothers; in my case my wife is the main bread winner in the family and was more than happy to go back to work and let me be the house husband; but, my agreement did not allow that as I would of had to take time without pay and then get the government payment which was below my income and would not of covered our bills at the time.” The new government Dad and Partner Pay will be available to full-time, part-time, casual, seasonal, contract and selfemployed workers who have worked at least 330 hours (just over one day a week) in 10 of the 13 months before the birth of their baby and who earnt $150,000 or less in the previous financial year. To receive Dad and Partner Pay a person must be on unpaid leave or not working for that period. A family will be able to receive Dad and Partner Pay either on its own or in addition to Paid Parental Leave or other family payments such as the Baby Bonus and Family Tax Benefit.

ACTU seek an obligation of employers to ‘top up’ the government’s 18 week PPL and two week DaPP minimum wage payments, for employers to pay superannuation contributions for all paid and unpaid parental leave periods and accrual of all rights and entitlements during all paid and unpaid parental leave periods.

Though the addition of Dad and Partner Pay is welcome, The Australian Council of Trade Unions will continue to lobby and bargain for key improvements to this entitlement and to Paid Parental Leave. The

With more assistance to take time off work when a new baby joins the family, fathers will be able to support mums and be involved in the care of their baby to give them the best start in life.

A majority of systemic and single site school collective agreements contain not only paid parental leave and provisions for mothers but also paid leave for fathers to assist employees balance work and family commitments. Catholic sector: two weeks paid paternity leave is available for fathers to take at the birth of their child. Lutheran sector: five days ‘Special Responsibility Leave’ can be taken from their accrued sick leave. Anglican sector: eligible employees can access one week unpaid at the time of confinement of the employees spouse. Members from North Queensland can access six weeks paid

paternity leave ; however, only one parent can access paid maternity/paternity leave. PMSA sector: Five days paid paternity leave. The federal government’s National Employment Standard (NES) provisions, introduced under the Fair Work Act 2009, outlines the minimum provisions relating to parental leave. To find out how these statutory provisions and collective bargaining arrangements pertain to individual members circumstances, please contact our union office and ask to speak to an IEUA-QNT Members Services Officer on FREECALL 1800 177 937.

September 2012

When your employer doesn’t ‘Like’

The explosion in popularity of Facebook and other forms of social media worldwide has seen an increasing number of people going online to share their views and experiences. The ease with which connection can be achieved instantaneously can also be one of its traps. IEUA-QNT Industrial Services Officer Jill McKeon reports that it is not uncommon for a ‘private’ Facebook communication to somehow come to the attention of a person outside the user’s circle of ‘friends’, with potentially disastrous consequences if that person happens to be the user’s employer. In the education sector an increasing number of employees, especially teachers, are being disciplined for content posted on their Facebook pages of which their employers have become aware. Few would question the right of the employer to regulate the social media activity of employees during working hours and on school premises. However, despite the widespread view that what employees do in their own time is none of the employer’s business, the blurring of the ‘workhome’ boundaries in recent years, which technology has ironically facilitated, means that even ‘private’ social media activity may be the legitimate concern of the employer, provided a link with the employment can be established. The employer’s right to discipline employees for ‘out-of-hours’ social media conduct The case law has established that the employment of an employee may be validly terminated due to his/her out-of-hours conduct in the following circumstances: The conduct is likely to seriously damage the relationship between the employer and employee; or

The Independent Voice

The conduct damages the employer’s interests; or The conduct is incompatible with the employee’s duty as an employee.1 Significantly, where social media activity is concerned, Fair Work Australia has made it clear that the fact that such activity may occur outside working hours is largely irrelevant, given that social media postings do not magically disappear once work recommences, but remain visible until removed by the poster.2 However, to warrant termination of employment, the conduct must be of such gravity as to indicate a rejection or repudiation of the employment contract.3 This concurs with the statutory regime permitting dismissal for ‘serious misconduct’, which is defined to include ‘wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of the employment’ or ‘conduct that causes serious and imminent risk to either the health and safety of a person or the reputation, viability or profitability of the employer’s business.’ 4 It is relatively easy to envisage situations

of social media activity which might fall within these circumstances. For instance, postings which are disparaging or critical of the employer, other employees or students may damage the relationship of trust and confidence between the employer and the employee, and may also damage the employer’s interests by bringing the school into disrepute or causing harm to individual persons affected by the postings. In the latter case, the employer may seek to take action on the basis of its potential liability for the employee’s conduct under common law, discrimination legislation and workplace health and safety legislation. However, the extent of any disciplinary action will depend on such factors as the nature of the postings, the size of the audience likely to have seen them and whether the employer or individual employees/students are identified. The circumstance which is of particular relevance to teachers is where social media conduct is alleged to be incompatible with the duties of a teacher. For instance, in order to be able to discharge their teaching duties effectively, teachers are required to maintain a certain objectivity,

SOCIAL MEDIA IN SCHOOLS

e’ you on Facebook which may be compromised by forming personal relationships with students. The efficient performance of teachers’ duties also depends on the maintenance of trust and authority, which is at risk if professional boundaries are crossed. Hence, using social media to communicate with students or accepting them as ‘friends’ on Facebook has been held to be misconduct.5 However, the suitability requirements under the Education (Queensland College of Teachers) Act 2005 (Qld) make it clear that teachers are also expected to ‘satisfy a standard of behaviour generally expected of a teacher’.6 While this requirement obviously precludes such conduct as having sexual relationships with students, there is a possibility that it may extend to ‘unsuitable’ social media activity in some instances, as cases from overseas suggest. In the United Kingdom, a teacher was dismissed from a private school after her students posted a raunchy commercial in which she had appeared some years earlier on Youtube. A trainee teacher in the United States, who posted a ‘party’ picture of herself on MySpace, met a similar fate, on the basis that she was allegedly promoting underage drinking. Therefore, because teachers have a unique role as models for ‘appropriate’ behaviour for students, they may need to exercise caution in regard to the content of their social media profiles and should ensure that they utilise stringent security settings to prevent unwanted access by students, parents and the wider school community. Right to privacy? Employees may well argue that where they have utilised strict privacy settings, their social media activity was meant to be private and their employer consequently has no right to take action against them for the content of their postings. The privacy settings used in a particular case may be relevant in determining whether or not an employee intended his/her postings to be made in the public domain. Further, a common law action for invasion of privacy

REFERENCES 1 Rose v Telstra Corporation Ltd (1998) 45 AIRC 3-966. 2 Miss Sally-Anne Fitzgerald v Dianna Smith T/A Escape Hair Design [2010] FWA 7358. 3 Rose v Telstra Corporation Ltd (1998) 45 AIRC 3-966. 4 Fair Work Regulations 2009 (Cth), reg 1.07(2). 5 Applicant v ACT Department of Education and Training [2012] FWA 2562.

is available in Queensland, although only in cases where there has been a deliberate intrusion upon a person’s privacy which is objectively highly offensive and which causes the person ‘detriment’.7 This suggests that an employee may only be able to argue that the employer has breached his/her privacy if the employer ‘hacks into’ his/her social media profile. Such a view would be consistent with the case law from overseas which indicates that, generally speaking, unless the employer has ‘hacked into’ an employee’s profile, that person can have no reasonable expectation of privacy in regard to social media activity, as posted material may easily be copied and forwarded to others, beyond the control of the original poster. 8 The importance of a social media policy In the public sector, the social media activity of teachers is regulated by a Code of Conduct. Employers in the non-government education sector are also increasingly seeking to regulate social media use by employees through the implementation of specific policies. This is a necessity in this day and age, as recent Fair Work Australia cases suggest that the dismissal of an employee for social media misconduct will often be unfair in the absence of a specific policy.9 Therefore, while employees may be able to raise the lack of a social media policy as a ‘defence’ to any disciplinary action, they should also bear in mind that Fair Work Australia has ruled that ‘common sense’ should dictate that certain conduct is unacceptable.10 Where there is a social media policy in place, however, it should go no further than is necessary to protect the employer’s legitimate interests, particularly since there is potential for encroachment upon the private lives of employees. Teachers, like all other employees, are entitled to their personal space and their fundamental rights should be subject only to such restrictions as are necessary to protect the rights of others. While a social media policy should be complied with where it

6 Education (Queensland College of Teachers) Act 2005 (Qld), s 12(3). 7 Grosse v Purvis [2003] QDC 151. 8 E.g. Crisp v Apple Retail (UK) Ltd (2011) ET1500258/11. 9 E.g. Glen Stutsel v Linfox Australia Pty Ltd [2011] FWA 8444. 10 Damian O’Keefe v William Muir’s Limited T/A Troy Williams The Good Guys [2011] FWA 5311.

constitutes a lawful direction to employees, the overriding principle is that any direction must also be reasonable. Maintaining common sense Employing authorities would be unable to go so far as to insist that employees not access social media sites in their personal time outside the workplace. However, teachers in particular need to be fully cognisant of the special duties unique to their positions, which may be compromised by inappropriate social media activity. A balanced, ‘common sense’ approach is needed to ensure that professional and personal boundaries are not crossed. Members are encouraged to contact our union for further advice on this issue.

KEY POINTS •

An employee may be validly terminated due to his/her outof-hours conduct if the conduct is likely to seriously damage the relationship between the employer and employee, the conduct damages the employer’s interests or the conduct is incompatible with the employee’s duty as an employee

•

Because teachers have a unique role as models for ‘appropriate’ behaviour for students, they may need to exercise caution in regard to the content of their social media profiles and should ensure that they utilise stringent security settings to prevent unwanted access by students, parents and the wider school community

•

Where there is a social media policy in place it should go no further than is necessary to protect the employer’s legitimate interests, particularly since there is potential for encroachment upon the private lives of employees. Teachers, like all other employees, are entitled to their personal space and their fundamental rights should be subject only to such restrictions as are necessary to protect the rights of others.

September 2012

IEUA-QNT EXCELLENCE AWARDS

Nominate for recognition in union awards in 2012 Nominations are now being called for the 2012 IEUA-QNT Excellence Awards: the John (Max) MacDermott Award, the Ruth George School Officer Award the Elizabeth McCall Award and the Judith Cooper Award presented in recognition of members’ outstanding contributions to their union. These awards recognise the outstanding efforts of individual activists and the efforts of school Chapters, Chapter Executives or networks. Nominations should be forwarded to the Branch Secretary, IEUA-QNT, PO Box 418, Fortitude Valley, Queensland 4006 by 5 October.

The Elizabeth McCall Award The Elizabeth McCall Award was established to honour inspirational union member Elizabeth McCall who died as a result of an accident outside her school in 2006. Elizabeth, who was a highly respected teacher at St Peter’s Catholic Primary School at Rochedale, was an extraordinary woman who made a remarkable contribution in all aspects of her life; including her union community to which she was dedicated. The award will be for a woman who demonstrates a fundamental commitment to the principles of unionism and in particular gives expression to the pursuit of social justice issues. The award may be given to more than one woman in any given year.

The John (Max) MacDermott Award Nominate individuals within your Chapter who have made an outstanding contribution as unionists and union activists for the John (Max) MacDermott Award for Outstanding Contribution as a Union Activist or the John (Max) MacDermott Award for Outstanding Contribution as a Chapter, Chapter Executive or Network. John (Max) MacDermott was a respected teacher at Mercy College, Mackay, who had a deep interest in union activities. As a chapter representative he worked tirelessly to represent the interests of staff. Union members were always confident in relying on him for advice because of his knowledge of union matters, his intelligence and courage. This award honours his memory and outstanding contribution as a unionist and union activist.

Award Criteria 1. Demonstrate a fundamental commitment to the principles of unionism by: • Actively building membership strength and a strong collective voice; • Building a collective culture and supporting her colleagues in her workplace to achieve fair and just outcomes; and • Being educated about the issues impacting on her and her colleagues and what they can do about them. 2. Actively encourage the expression of the voice of the collective in the pursuit of social justice issues by: • Working to bring social justice issues to the attention of her colleagues and seeking to inspire and educate others through their own example; • Recognising the importance of educating for social justice and inspiring students in her care to investigate issues they care deeply about; • Taking action to promote justice and fairness by standing alongside likeminded colleagues; and • Recognising our union’s capacity to achieve social justice.

Award Criteria • Has worked diligently and tirelessly to assist members to address their issues; • Has acted with honesty, integrity and courage in the conduct of union affairs; • Has promoted member action and networking at the Chapter and/or Branch level; and • Has made an outstanding contribution to their Chapter and/or Branch and union through activism.

The Ruth George School Officer Award If you know of individual school officers who have made an outstanding contribution as unionists and union activists, we invite you to nominate them for the Ruth George School Officer Award for Outstanding Contribution as a Union Activist or the Ruth George School Officer Award for Outstanding Contribution as a Chapter, Chapter Executive or Network. Ruth George played a key role in reestablishing the universal Award covering non-government assistant mistresses in 1937 following The Depression era cutbacks. Ruth George and her colleagues took on the challenge of restoring their salaries despite opposition from their employers. Her determination and commitment to this cause was crucial in overcoming the

employers’ objections and opposition. This award honours her memory and outstanding contribution as an activist and union representative. If you know of individual school officers who have made outstanding contributions as unionists and union activists, we invite you to nominate them for the awards. Award Criteria • Has made an outstanding contribution to the school Chapter or Branch and IEUA-QNT through activism in a specific area; • Has worked diligently and tirelessly to represent the interests of school officers; and • Has acted with honesty, integrity and courage in the conduct of their union’s activities.

Nominate for the Northern Territory Judith Cooper Award

IEUA-QNT Northern Territory members are encouraged to nominate individuals within their Chapter who have made a remarkable impact as a union activist for the Judith Cooper Award for Outstanding Contribution as a Union Activist.

in the Northern Territory. In 1983 Judith Cooper, a school assistant at St Mary’s Primary School, and some teacher colleagues at other predominately Catholic schools joined together to start working through the issues which were affecting independent school employees.

Judith Cooper played an instrumental role in the establishment of a union in the non-government education sector

In 1984 Judith was instrumental in the establishment of The Northern Territory Independent School Staff Association

The Independent Voice

(NTISSA). Judith was elected the first Branch Secretary for NTISAA in 1984. Within the year NTISSA had worked extensively to establish the first award to cover independent schools in the NT. Contact IEUA-QNT organiser Jacques Retief at jretief@qieu.asn.au to nominate a member and for more information about how to apply for the award.

LEGAL BRIEFS

INAPPROPRIATENESS OF PRIVATE RELATIONSHIPS AFTER LEAVING SCHOOL

For teachers, maintaining a professional distance from students is important. Andrew Knott from Macrossans Lawyers reports on two recent cases the Queensland Civil and Administrative Tribunal has ruled that the power imbalance developed during the student/teacher relationship may continue after the student leaves school. Accordingly, a sexual encounter with the student in a period shortly after leaving school may raise issues of unfitness to teach.

The Queensland Civil and Administrative Tribunal (QCAT) has power to cancel the registration of teachers on the ground that the teacher “is not suitable to teach”; that ground has a very wide meaning and application. The Tribunal also has power to prohibit a teacher whose registration has been so cancelled from reapplying for registration for a period of years. It is important to appreciate that this is not a suspension but a true cancellation of registration and the prohibition is a prohibition on even reapplying for registration. There is no guarantee that a teacher will in fact be successful with that application, as fitness needs to be demonstrated. In the first case the Tribunal said: “There is a public interest in ensuring that teachers retain a professional distance from their students and do not cross the boundary which is necessary for the maintenance of a good teacher/student relationship. The tribunal accepts the QCT submission that ‘the more recent, the longer, the closer, the more vulnerable the student or more significant the teacher/student relationship was, the more likely that substantial time must pass or significant intervening events must occur to extinguish that power imbalance.’ The Tribunal notes

the QCT submission in relation to previous but similar breaches of the teacher/student relationship which ‘illustrate that sexual conduct with a former student even nine months after the end of the professional relationship can establish ‘unsuitability’.” This teacher was prohibited from reapplying for registration for a period of three years; we note the reference to nine months. Some years ago, in the previous jurisdiction, this writer acted for a teacher who had admitted entering into a cohabiting sexual relationship 23 months after the ex-student left school. The proposition put to the Tribunal was that there had been no breaking of the nexus between the teacher and student relationship even over that period of 23 months. Evidence introduced by the writer on behalf of the teacher established that that was not correct, but the case nonetheless is an illustration that it is conceivable that, even at that length of time, the power imbalance arising from the former teacher/student relationship may not have come to an end. In a second recent case the critical facts were: “Over a four month period, the teacher also sent over 30 text messages/phone calls to a Year 12 student. The special nature of the relationship between the teacher and this student is reflected by the student

sending the teacher pictures of the dress she intended to wear to the formal and gifting framed pictures of her at the formal. The teacher maintained contact with the Year 12 student after she finished school. They exchanged text messages and regularly met for lunch. In January 2007, the teacher and the former Year 12 student commenced a sexual relationship of about two months duration.” Again, the Tribunal took the view that in these circumstances the teacher had taken “improper advantage of his position as a teacher” in relation to the sexual relationship which commenced in the January after the student had left school. In that case the teacher’s registration was cancelled and the teacher was prohibited from reapplying for a period of four years. These two recent cases are a further reminder that the formal ending of the teacher/student relationship does not necessarily end the power imbalance which arises from the relationship. Great care indeed needs to be taken in entering into personal relationships with students after they have left school. If there has been improper conduct, even without physical contact, in terms of closeness and contact during the relationship, the position is even more serious.

September 2012

EVENTS DIARY The Queensland Education Resources Expo Educators have the opportunity to access the latest on offer in education resources at the Queensland Education Resources Expo. Find out what is new in the world of education and get inspiration for your career, students and school. The event also hosts an extensive professional development seminar program. The Queensland Education Resources Expo provides exhibitors with direct contact to education professionals from all levels and institutions. The Expo is on Saturday 8 and Sunday 9 September 2012 from 10am - 3pm at the Brisbane Convention & Exhibition Centre - FREE ADMISSION! For more information visit www.quedrex.com.au Teaching and Learning with Vision Conference The Teaching and Learning with Vision conference will bring together over 200 delegates from across educational sectors who use, or are thinking of using, learning technologies. The theme for 2012 is Link and Learn: link with inspirational educators and learn from them and also learn how to link your students to others and valuable resources. The conference will enable participants to learn about the latest innovations in technology and learning and share

expertise with colleagues. Streams this year include: - Mix it up: Tell us how you’re mixing and matching various technologies and learning activities; - Learning spaces: If you’ve thrown out the desks, let us know what your learning spaces look like and how students use them; - Edgy escapades: For those who are really on the cutting edge – excite and inspire us! - Virtual excursions: If you’re a museum, art gallery or any type of organisation providing education programs via video conference, share your experiences with others who are both new and experienced; - Let’s get technical: For technicians and any interested educators to share how they manage what makes it all work. The conference will be held from 7-9 November 2012 at the Radisson Resort Gold Coast. Visit tlvconf.wordpress.com GenerationOne School Competition Join the GenerationOne School Competition and make CREATivE CHANGE for the chance to win $15,000 for your school. GenerationOne and the Australian School of Performing Arts invite all schools to get

involved in the competition, which aims to raise awareness and get young Australians actively involved in the initiative to end Indigenous disparity in one generation – this generation. The competition is open to all Australian schools, whether they have Indigenous students or not. Over the past two years, the competition has generated entries from more than 200 schools nationwide. This year the CREATivE CHANGE Competition encourages primary schools to perform and film their own version of the GenerationOne theme song Hands Across Australia, and secondary schools to use the Warumpi Band’s Blackfella/Whitefella to inspire their CREATivE CHANGE response to Indigenous disparity. A resource pack with activity ideas and support materials has been sent to every school in Australia. The interactive DVD includes an instructional clip to help primary school teachers teach Hands Across Australia. Secondary schools are encouraged to use Blackfella/Whitefella, and clips from the past two years, as the inspiration for their entry. For more details visit www.generationone.org.au . Entries close 19 October.

For further event listings and information, visit our website at www.qieu.asn.au

IEUA-QNT / QIEU Teacher Education Bursaries The IEUA-QNT/QIEU Teacher Education Bursaries are once again being offered to encourage eligible students who are studying for a teaching qualification. Each year four pre-service education students will be awarded general education bursaries of $1,000. The fifth bursary, the John Nash Bursary, will see $2,000 awarded to an outstanding applicant. In 2009, to celebrate our union’s 90th Anniversary, our union offered the bursaries for the first time. Those interested in applying for the bursaries in 2012 must abide by the eligibility criteria. Union Executive will consider all applicants and select successful candidates with consideration given to those in remote areas, of financial need and academic results. For those interested in applying contact the Brisbane office on FREECALL 1800 177 937 by Friday 28 September, or download a nomination form from our website at www.qieu.asn.au

The Independent Voice

Applying for the bursaries: 1. Eligibility a. Applicants must be enrolled (or intend to enrol) in either, an undergraduate Education/ Teaching Degree at a university. b. Applicants must have a nominee who is a parent, partner, guardian, or grandparent that is or has retired as a financial member of IEUAQNT/QIEU. c. IEUA-QNT/QIEU staff, or those who have retired as part of union staff, are also able to be nominees if they are a parent, partner, guardian or grandparent of the applicant. d. Successful applicants from one year may apply for the bursary in subsequent years. e. Successful applicants must be prepared to assist IEUA-QNT/QIEU via publicity in Independent Voice or other union publications. f. All applicants must indicate a willingness to sign a statutory declaration indicating that the bursary will be used for education associated expenses; eg, HECS, books, computer technology.

g. Applications by non-members must include the details of the parent, partner, guardian, or grandparent that is, or has retired as, a financial member of IEUAQNT/QIEU. The application should be countersigned by this person. 2. Selection process a. Executive consider the applications and will select the successful applicants; b. Criteria to be used to determine success will include: • Consideration of financial need, including any pressing personal circumstances; • Year 12 academic results of first year applicants and university results of second, third and fourth year applicants; • Consideration shall be given to at least one awardee: coming from remote or country areas distant from the institution at which the applicant is studying or intending to study; and being in their first year of an undergraduate course.

DON’T ET! FORG

Tax time for members

If you are a teacher you may be able to claim tax deductions on: Laboratory coats and art smocks that protect you from injury at work or protects your everyday clothing from damage; Stopwatches, cost of purchase, repairs and batteries; Sunglasses, sunhats and sunscreen lotions – if the nature of your work requires you to work in the sun for all or part of the day; Excursions, school trips and camps if they have an educational benefit and are related to the curriculum or extracurricular activities of the school; Teaching aids used for work; Further education degree expenses - but not education expenses not related to your teaching position. For more information go to the Australian Tax Office website www.ato. gov.au. The tax office can help people meet the 31 October deadline. The tax office also provides FREE, easy-to-use online tax calculators and decision tools to help employees in managing their tax affairs.

New digital resources to help students understand tax and super A new digital resource has been launched by the ATO to help high school students understand the principles of taxation and superannuation. The new Digital Curriculum Resource, Tax, Super + You helps students gain a better understanding of how the taxation system works to support the community and how superannuation can provide for their retirement income. Teachers will be able to use the online resource to help explain to their students how our taxation system works and improve financial literacy, with interactive scenarios that will help give students the skills they need to better manage their tax and super when they leave school. Visit www.taxsuperandyou.gov.au

ADVERTORIAL

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Challenge us to find you a better deal. UNION SHOPPER IS ALL ABOUT ENSURING MEMBERS RECEIVE GREAT VALUE FOR MONEY ON WHATEVER YOU ARE LOOKING TO BUY.

At no cost to you, we help save time and money, without the hassles and headache. Be part of the savings and make the most of this valuable money saving service. Before you make another purchase, remember Union Shopper and challenge us to find you a better deal.

unionshopper.com.au September 2012

WHAT YOU NEED TO KNOW ADVERTORIAL

PLAY A PART: take an

Active Living

using electronic media for entertainment.

The Australian government have recognised how important it is for your health to be active all through your life. It can help you to feel good about yourself, to have fun, to enjoy the company of other people and can also assist with your physical and psychological health.

The guidelines for adults are really simple: • Step 1 – Think of movement as an opportunity, not an inconvenience; • Step 2 – Be active every day in as many ways as you can; • Step 3 – Do at least 30 minutes of moderate-intensity physical activity on most, preferably all, days; • Step 4 – If you can, also enjoy some regular, vigorous activity for extra health and fitness.

Having the correct amount of activity in your life can help you to prevent heart disease, stroke and high blood pressure. It can help you to build healthy muscles and bones and to reduce your risk of injury. Exercise can also reduce your risk of Type 2 diabetes and some cancers. There are activity guidelines available for five different times of your life, which reflect the needs for activity at that particular time and the types of activity that are appropriate. You can find recommendations for children from 0-5 years, 5-12 year olds, 12-18 year olds, adults and older Australians. It is recommended that toddlers and pre-schoolers should be physically active for at least three hours a day, spread throughout the day, while children from 5-12 need at least 60 minutes of vigorous physical activity every day and no more than two hours a day

active role in our union

If you are an older Australian you still need to be mindful of keeping up your activity levels and maintaining a total of 30 minutes of activity per day. Why not do yourself a favour and put some thought into the amount of activity you do. Can you adopt new ways to make exercise a habit and put together 30 minutes a day? A brochure has been produced for each of these age groups which outlines the benefits of activity, explains how much activity is a good amount and offers tips and ideas to help people to find ways to be active that appeal to them. If you would like to find out more about these guidelines go to www.healthyactive.gov. au or phone 1800 020 103 to order any of the TUH brochures free of charge.

Branch Meeting (Sunshine Coast) 17 October 4pm - 5pm, IEUAQNT Sunshine Coast Branch office 15/9 Capital Place, Birtinya Branch Meeting (Wide Bay) 24 October 4pm - 5pm, QCU Building, Bundaberg Branch Meeting (Central Queensland) 31 October 4pm - 5pm, Brothers Leagues Club, Rockhampton Regional Organising Committee Meeting (Fraser Coast) 7 November 4pm - 5pm, Pacific Hotel, Yeppoon Branch Meeting (Metropolitan) 8 November 4:30pm - 5:30pm, Hamilton Hotel, Kingsford Smith Drive

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The Independent Voice

Poverty and hardship affect more than a million Australians. Around the world,

Everyday banking with special benefits for union members.

more than a billion people are

ME Bankâ&#x20AC;&#x2122;s EveryDay Transaction Account comes with a Debit MasterCard,ÂŽ so you can shop anywhere using your own money â&#x20AC;&#x201C; even online. And if youâ&#x20AC;&#x2122;re an IEUA member, you get special benefits.

desperately poor.

@]dh Ă&#x161;_`l hgn]jlq and hardship In Anti-Poverty Week, why not organise a fundraiser, workshop or forum? a joint letter, fact sheet or petition? a display, stall or award?

No monthly fee: The $5 monthly account keeping fee will be waived if you deposit just $500 a month â&#x20AC;&#x201C; like your salary. No dishonour fee for union dues: Set up your salary to be credited to your account, and if youâ&#x20AC;&#x2122;re ever caught short, weâ&#x20AC;&#x2122;ll honour your union dues and you wonâ&#x20AC;&#x2122;t be charged a fee. So join ME Bank and join the fight for fairer banking.

Go to mebank.com.au/fairerbanking For information and ideas Visit the website, call 1-300-797-290 or email apw@antipovertyweek.org.au

fairerbanking.com.au Fees and charges apply. Terms and conditions available on request. This is general information only and you should consider if this product is appropriate for you. MasterCard and the MasterCard brandmark are registered trademarks of MasterCard International Incorporated. PayPass is the trademark of MasterCard International Incorporated. Members Equity Bank Pty Ltd ABN 56 070 887 679. 210603/1211

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When do you need financial advice? 1. For those just starting out on your career possibly with debt from tertiary studies, starting with good habits now will ensure that you reach your goals sooner. You should also ensure that you protect your income in case you canâ&#x20AC;&#x2122;t work because of illness or injury. 2. For those well on their career path itâ&#x20AC;&#x2122;s important not to lose sight of the long term while juggling a growing family and a mortgage. You want to avoid excess tax and maximise benefits that may be available to you depending on your circumstances. You also need to make sure your family is protected through relevant insurances covering your life and health. 3. If you are in the countdown to retirement you want to maintain your quality of life with opportunities to reduce your working hours as you transition into retirement, or for when you retire all together and your employment income stops. You need to make sure you can generate enough income to maintain your desired lifestyle in retirement. QIEC financial planning provides advice and education to increase our clientâ&#x20AC;&#x2122;s knowledge of financial planning concepts and help them to achieve their lifestyle goals and objectives. Please call QIEC Super on 1300 360 507 if youâ&#x20AC;&#x2122;re interested in talking to someone about QIEC Superâ&#x20AC;&#x2122;s Financial Planning services. This information is of a general nature and does not take account of your individual financial situation, objectives or needs. Because of this you should, before acting on this advice, consider the appropriateness of the advice, having regard to your objectives, financial situation and needs. QIEC Super Pty Ltd (ABN 81 010 897 480), the Trustee of QIEC Super (ABN 15 549 636 673), is Corporate Authorised Representative No. 268804 under Australian Financial Services Licence No. 238507 and is authorised to provide general financial product advice in relation to superannuation. This personal advice is provided by My Super Future Pty Ltd (ABN 38 122 977 888) Australian Financial Services Licensee (AFSL no. 411440). The Trustee is not responsible for, and does not accept liability for the products or services or actions of My Super Future Pty Ltd. You should use your own judgement before taking up any product or service offered by My Super Future Pty Ltd.

YOURSUPERFUTURE IS A FREE ONLINE SUPER ADVICE TOOL TO HELP YOU LOOK AT: 1. your annual super contributions 2. which investment choice is right for you 3. your insurances within QIEC Super 4. setting and working towards a retirement income goal. $V D 4,(& 6XSHU PHPEHU WKLV DGYLFH LV DOO IUHH RI FKDUJH DQG DYDLODEOH QRZ WKURXJK \RXU SHUVRQDO PHPEHU RQOLQH ZHEVLWH ,I \RXÂśUH DOUHDG\ registered IRU PHPEHU RQOLQH VLPSO\ ORJLQ WR DFFHVV ,I \RXÂśUH QRW DOUHDG\ UHJLVWHUHG SOHDVH FRQWDFW XV IRU \RXU XVHUQDPH DQG SDVVZRUG GHWDLOV 7KLV LV \RXU ÂżUVW VWHS WR VHFXULQJ <RXU6XSHU)XWXUH

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September 2012

Staffroom for improvement is back. Go to staffroomforimprovement.com.au and pre-register today.

The Independent Voice

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