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Vol. 4 No. 2 September 2012
In this edition
The newsletter for School Officers
Catholic School Employees Take Full Day Stoppage
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Catholic Sector to Take Protected Industrial Action
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Collective Bargaining Updates
Duty of Care What You Need to Know
Stand up for Queensland
Member Profile, Simone Fleming
L SIONA S E F O PR CT RESPE School officers joined with more than 3,500 of their fellow IEUA-QNT members to participate in a state-wide full day work stoppage in response to Catholic employing authorities’ refusal to listen and show their employees professional respect with considered work provisions and appropriate work resources. On the day of the stoppage held Thursday 6 September (Tuesday 11 September in Gold Coast schools) members gathered at mass meetings, drawing attention to significant negotiation issues and attracting generous media and community attention. School officer participation in the stoppage was another crucial step in the campaign for employer recognition of the important contribution school officers make in our schools. Employees particularly rejected the employers’ imposed artificial deadline of 19 October that puts at risk deserved back pay for staff. School officer members should have no question that they will receive back payment from May this year. In addition to maintaining this artificial deadline, employers remained immovable on their wage offer on 2.7 per cent p.a.
Our union, with strong member support as demonstrated with healthy attendance on stoppage day, continues to negotiate for fair conditions that provide school officers with the level of professional respect they deserve. Clear progress is now being made on many issues with employers withdrawing their claim for additional employerdirected professional development time, changes to the ET6 provision and employer-directed medical assessments. Our union has also secured key provisions for schools officers during these negotiations including allowances for first aid and specialised care, access to paid parental leave at half the pay for double the time and an increase to casual loading of 23 to 25 per cent from 2013. SBU representatives with meet again in the coming weeks to discuss outstanding issues. Regular updates about the progress of negotiations are posted on our union website at www.qieu.asn.au/catholic
Join the conversation on our union Facebook page at www.facebook.com/ieuaqnt
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Sector Collective Bargaining Updates Anglican Sector
Lutheran Sector
Employee and employer representatives are meeting in Single Bargaining Unit (SBU) meetings from Term 4 ahead of the expiration of the current agreement on 31 December 2012.
An SBU meeting was held on 10 September, where employee and employees recommenced discussion around their respective log of claims.
Three working parties have been established to discuss key issues at a preliminary level ahead of negotiations. These working parties address issues of accomplished teacher, boarding schools and technical aspects of the agreement itself.
Negotiations around these claims were brought to a close in 2012 when employers agreed to a one year agreement that included a wage increase of 4 per cent.
Employees will revisit their log of claims which was initially developed prior to the one year extension of their existing agreement. Many of the provisions in this log of claims intend to protect and enhance the working conditions of Anglican sector school officers. Employees will seek an increase in paid maternity leave from 12 to 14 weeks to match the entitlement received in most other major sectors and the inclusion of a clause that ensures all staff have an agreed role description reviewed on an annual basis.
Employees will seek key claims for school officer members including enhancement to family-friendly and leave provisions, an annual review of position descriptions, and the introduction of a first aid allowance for school officers who hold a current certificate.
■■ Visit www.qieu.asn.au/collectivebargaining to view further negotiation updates and access chapter briefings.
Stand for Queensland More than 8,000 union members joined a rally outside Parliament House in Brisbane on Wednesday 12 September as part of the Queensland Council of Union’s (QCU) Stand for Queensland campaign. Statewide rallies were held in conjuction with the Brisbane event on the 12 September ‘Day of Action’, highlighting community concerns with recent attacks on public and community services by the state government. The ‘Stand for Queensland’ campaign was launched in the wake of thousands of job losses in these sectors and intends to send a clear message to the government on behalf of the people of Queensland that enough is enough. Members who are interested in this campaign can sign up to join on the Stand for Queensland website. QCU President John Battams said the community campaign would continue for 1,000 days up until the next state election to highlight the impacts of government policies on working Queenslanders. “Queenslanders in communities right across the state will also be very worried as the impacts of job losses and unemployment spread,” Mr Battams said. ■■ To join the Stand for Queensland campaign, or for more information, visit the website at www.standforqld.com.au
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Duty of Care: Knowing the Limits Given the increasingly litigious nature of society it is essential for teachers and school officers to fully understand, and recognise the limits of, their duty of care towards students. A duty of care is always present in the school environment and employees should be aware that a duty of care is therefore owed in the following situations: ■■ ■■ ■■ ■■
During school hours when the child is in the classroom or on kindergarten grounds; On excursions; When a child is undertaking errands or reporting to the office to be reprimanded; or At potentially any other time the school or teacher or support staff member 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. However, it is important to note that a duty of care does not mean ensuring that no injury will ever be suffered by students. Duty of care breaches are most common when employees fail to provide: ■■ Adequate supervision; ■■ Adequate instruction; or ■■ Intervention in a potentially dangerous situation.
Who’s Liable for a Breach in Duty of Care? The employer will generally be liable for a breach of the duty of care. However, as all employees have a contractual duty to their employer to exercise reasonable care and skill, the legal position is that the employer/employee’s insurer may seek reimbursement of payments made as a result of the employee’s proven negligence.
Particular Risks for School Officers Given the evolving nature of school officer roles, these employees are increasingly given more responsibility when it comes to student supervision.
Be Prepared The best way to avoid duty of care breaches is to err on the side of caution and stop potentially dangerous situations before they get out of hand. The following tips are useful for school officers to protect themselves from potential liability: ■■ ■■ ■■ ■■ ■■ ■■
Maintain appropriate guidelines for activities and ensure these are followed at all times; Act promptly and intervene as early as possible when a potentially dangerous situation arises; Properly maintain equipment and confiscate dangerous implements; Err on the side of caution to accommodate potentially explosive situations, particularly in supervising students; Report dangers or potential dangers to the Principal; Assist with injuries as soon as possible, make notes and obtain statements from witnesses regarding the circumstances of any accident.
Our Union Can Help
School officers should have adequate training necessary to acting in a supervising capacity. Any school officer members who feel uncomfortable that they are being directed to undertake supervision outside of their role description should advise their school in writing that operating in this capacity without the required training poses a potential risk to the safety of students.
Members who are accused of breaching their duty of care should contact our union in the first instance. Access to legal advice and Public Liability Professional Indemnity Insurance cover are part of the key benefits of being an IEUA-QNT member.
Where a school officer member is keen to undertake such duties, training should be entered into to provide the employee with sufficient skills to effectively undertake the required duty.
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A new position description should be developed, by a process of consultation, once a school officer member agrees to undertake supervision of students. In some cases progression from one classification level to another may be required, particularly where this entails the performance of work at a higher level.
Fast Facts Understand the limits of your duty of care; Resolve potentially dangerous situations before they intensify; Never put yourself at risk; Report potential threats to student safety to your principal; and Contact our union immediately if you have been accused of breaching your duty of care.
Visit our website at www.qieu.asn.au for further information and resources on duty of care and other legal issues.
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eXions conneXions conneXions conneXions conneXions conneXions conneXions conne have a voice and share their opinions with their colleagues. I know of school officers who will not raise issues at staff meetings because they are too afraid to ‘rock the boat’.
I think it’s important for teachers and school officers to address professional issues in a collaborative way to achieve the best outcome for all. Do term time school officers face particular issues? Term time school officers deal with an array of issues unique to their employment. Yearly re-employment is a key issue as it means that these school officers do not enjoy surety in their role. It is often the case that a term time school officer will not find out they are not being re-employed until late in the school term. These school officers are also not paid in school holidays which creates a great deal of stress in their financial situation and means that many talented school officers consequently leave the profession. Have you considered applying for reclassification? In my personal situation, I have not applied for reclassification as I have a contemporary and thorough role description that adequately reflects the work I perform.
Simone Fleming St James College , Spring Hill
However, I know how important classification is and, should my situation change, I would immediately apply for reclassification. All employees deserve a fair day’s pay for a fair day’s work. What are your plans for the future?
How long have you been a school officer? I have been a school officer at St James for two years now, and prior to that I was a school officer at Our Lady of the Assumption, Enoggera for four years. What’s your educational background? I have a Certificate III in Education Support, and have also completed a large amount of professional development related to special needs enhancement. Unlike many school officers, I have no ambition to become a teacher, and am very happy in my role assisting teachers to achieve common goals and educational outcomes. Have you always been an active union member? Yes. Throughout my career, I have always found union membership rewarding. Before I was a school officer, I worked in the hospitality industry for 17 years and was a member of the union covering this sector. Building a collective voice always results in a better outcome for employees. Do you think it is important for school officers to get involved at a chapter level? I strongly believe that school officers are an integral part of all schools. Without school officers, our schools would not function as efficiently as they do. Establishing a chapter executive is a great way for school officers to
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I’m very happy with my current role at St James, and thoroughly enjoy my position as School Officer Representative in our union Chapter. I would like to stay in this role indefinitely. We have such a diverse student body at St James. No two days are the same and I feel constantly challenged by my work. ■■ Resources for school officers can be found on our website at www.qieu.asn.au/schoolofficers
ISSN 1446-8964 conneXions was prepared by Elise Cuthbertson Editor: Mr Terry Burke, General Secretary QIEU PO BOX 418, FORTITUDE VALLEY QLD 4006 PH: (07) 3839 7020 FX: (07) 3839 7021 Email: enquiries@qieu.asn.au Website: www.qieu.asn.au ABN: 45 620 218 172