EdU (April 2011) by Independent Education Union (SA)

Vol 26 Issue 1 Apr 2011

EdU

Independent Education Union South Australia Working with members in non-government schools

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Contents Secretorial – MySchool 2 reveals outrageous funding rort by rich schools

IEU(SA) executive elects second vice president

2011 Reps and Delegates Conference

The campaign for votes for women

ANZELA establishes SA chapter

Members@Work

Frankly Speaking – Enterprise consultative committees

Catholic Reps meeting

Call for AGM motions

Celebrating 100 years of International Women’s Day 12

ISSN 1448-3637 Published by Independent Education Union (South Australia) Inc. 213-215 Currie Street, Adelaide SA 5000 Phone: (08) 8410 0122 Fax: (08) 8410 0282 Country Callers: 1800 634 815 Email: enquiries@ieusa.org.au EdU is published 4 times a year and has a circulation of approximately 4000. Enquiries regarding circulation should be directed to the Communications Coordinator, on (08) 8410 0122. Editorial comment is the responsibility of Glen Seidel, Secretary.

Advertising Disclaimer

Balancing Act – Violence by any name

SA unions unite for working people

On the Move for Equality – Education International’s first Women’s Conference

Safety in our hands

What’s your problem? Ask Dorothy

PD Diary – 2011 ACTU Indigenous Conference

Industrial – Adverse action: Are Union Reps a protected species?

Personal account of a workplace injury

IEU(SA) Executive Members

Student membership on the up!

Jenny Gilchrist (Prince Alfred College)

Lutheran Digest

(President)

Islamic College of SA registers first EA

Modern agreements do not require modern awards 29 OHS Project – 2007-2010

IEU(SA) education program

Absolutely Super – Improved NGS insurance benefits

Advertising is carried in EdU in order to minimise costs to members. Members are advised that advertising that appears in EdU does not in any way reflect any endorsement or otherwise of the advertised products and/ or services by the Independent Education Union (SA). Intending advertisers should phone (08) 8410 0122.

Glen Seidel (Secretary) Noel Karcher (Christian Brothers College) (Vice President) Marlene Maney (Cardijn College) (Vice President) Val Reinke (Nazareth College) (Treasurer) Christopher Burrows (Cardijn College) John Coop (Rostrevor College)

Consultative committees – A guide for IEU(SA) Reps 34

Michael Francis (Mercedes College)

Book Review – Waltzing Matilda and the Sunshine Harvester Factory

Anthony Haskell (Saint Ignatius’ College)

Sheryl Hoffmann (Concordia College) Fil Isles (Our Lady of the Sacred Heart College) Marion Ryan (St Martin de Porres School)

DON’T FORGET TO ADVISE IEU(SA) IF: • You have changed address • You have changed your name • You have changed schools • Your employment status has changed (eg now working part-time) • You are going on unpaid leave • You are retiring or leaving employment – you can remain a member at a reduced rate • Resignation from IEU(SA) must be in writing Details can be forwarded by email to carlyd@ieusa.org.au or by fax: 8410 0282 or by post.

EdU April 2011 IEU(SA)

Secretorial

MySchool 2 reveals outrageous funding rort by rich schools Glen Seidel Secretary Even within the government school sector there are anomalous results not easily attributed to special programs or situations. Heathfield High School (1172) receives $12,014 per student, whilst Reynella East (983) receives $9,913. Three schools which share a campus and a catchment area have quite different levels of funding. Golden Grove High School (1006) receives $10,536, Gleeson College (1035) $7,585 and Pedare Christian College (1056) $6,282. Never-before-available data on the levels of government funding of schools has revealed some anomalies with South Australian metropolitan secondary schools. All schools have been assigned an ICSEA score based around a neutral score of 1000. ICSEA is the Index of Community Socio-Economic Advantage and is a MySchool parallel to the SES score used for funding purposes. The variables used in calculating the ICSEA score include: • s tudent-level data on the occupation and education level of parents or carers • socio-economic characteristics of the areas where students live • whether a school is in a metropolitan, regional or remote area • the proportion of students from a language background other than English, and • the proportion of Indigenous students enrolled at the school. Presumably, schools with a lower ICSEA score would require more government funding than one with a higher score where there was a higher socio-economic advantage and a lower level of other needs or disadvantage. An ICSEA score of 1100 is a fairly reliable indicator of a school which is well off in relation to the community it services. Only 16 per cent of Adelaide’s secondary schools fall into this category. Whilst the level of government funding per student averaged over these 18 schools is $5,513, three schools receive an average of $9,195, leaving the other 15 with an average of only 52 per cent of that amount at $4,777 per student. How can it be that three schools in inner, leafy suburbs get twice as much as the others? They are the government schools Glenunga, Marryatville and Unley. Our prestigious Scotch College doesn’t even fit into the Over 1100 Club and only receives $3,831 of government funding per student, which is $3 less than St Peters College. Prince Alfred College (1117) has a similar ICSEA score to Unley High School (1108), but receives only half of Unley’s $9,261.

One can play “lies, damned lies and statistics” with MySchool data until the cows come home, but the public education lobby’s message is flawed. The IEU advocates the proper funding of public education and the proper provision for all education. The Gronski review will be receiving submissions from the IEU at federal and state levels, asserting that all Australian students deserve state and federal funding sufficient to provide quality education. An honest appraisal of the situation needs to consider the total funding provided by state and federal governments. It is dishonest to compare the federal funding levels of government and non-government schools, just as it would be to compare the state funding levels of the two systems. Interstate differences in the level of state government funding of non-government schools confound the comparisons as does the fact that in Queensland, Western Australia and South Australia, Year 7 students are funded at the lower primary rate, but in the other states they are funded as secondary. The needs of communities and individual students have always been difficult to measure. The SES model contains serious deficiencies and the various methods of grandfathering schools against reductions in funding have created an overly complex system. The review may result in a new measure and structure of measuring need, but the only way to provide better educational outcomes for Australian kids is to provide more money, rather than squabble over how the current resources are divided. In Adelaide, there are approximately 30 per cent more non-government secondary schools than government. Despite forming the majority of secondary schools, no non-government school gets the same, let alone more, combined government funding than an equivalent government school. Fees paid by parents top up the shortfall. So let’s move on from the class warfare of the 1970s DOGS case and talk about kids’ education and society’s responsibility to provide for all of its citizens.

EdU April 2011 IEU(SA)

IEU(SA) executive elects second vice president

Learning to Strive & Survive in Challenging Circumstances

Long-time executive member Noel Karcher was appointed vice president of IEU(SA) in March.

NATIONAL PROFESSIONAL LEARNING SERIES 2011

An election to appoint a second vice president, as required by the Union’s constitution, was necessary after the executive elections completed in December 2010 failed to do so.

MELBOURNE: Fri 10 June — Conference Learning to Strive & Survive in Challenging Circumstances

Noel brings a wealth of experience following 40 years as a teacher with Christian Brothers College, and is featured in Members@Work on page nine.

MELBOURNE: Wed 15 June — Workshop Developing Resilient Students & Communities

ADELAIDE: Fri 17 June — Master Class Powerful Strategies for Teaching Oral Language Skills REGISTRATION FEE $350 (+ booking fee $15) ex GROUP DISCOUNT FOR 3+ REGISTRATIONS FROM THE SAME SCHOOL. Bookings are transferrable, but names of all participants required when booking.

IEUA financials online

Full program details and bookings online:

An audited report of Independent Education Union of Australia finances for the year ending 31 December 2010 is now available on the IEU(SA) website.

https:// www.radii.org/bookings

TEL: (03) 9534-2934 Email: admin@radii.org

Members can view the report by logging into the IEU(SA) website at www.ieusa.org.au

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EdU April 2011 IEU(SA)

2011 Reps and Delegates Conference Organising around Special Needs

Gerry Conley Union Education Officer On 28 February, 86 IEU Reps and Delegates attended the 2011 IEU(SA) Reps and Delegates Conference, titled Organising around Special Needs. This year’s focus came in response to the concerns expressed by many IEU members about the problems associated with the education and integration of special needs students in our schools. Veena Gollan, from Catholic Education SA’s Indigenous Worker’s Team, welcomed participants to country, before IEU(SA) president Jenny Gilchrist officially opened the conference and took the opportunity to introduce the new IEU(SA) executive to Reps and Delegates. The first session of the day, Safety – Self, Students and Others, was presented by Mary Gow, OHS Officer with the Broken Bay Diocese Catholic Education Office in NSW. Mary explained the aspects of occupational health, safety and welfare legislation relevant to the education and integration of special needs students, and spoke about a number of incidents which led to changes in the NSW education act, mandating the provision of information between schools on individual students. Mary’s presentation was followed by two information sessions on the existing government funding systems. Jan Foot, Executive Officer of the Advisory Committee on Non-Government Schools, explained the state funding system, and Chris Watt, Federal Secretary of the IEUA, the federal funding system. These presentations provided Reps with very helpful advice on where to seek information on state funding, the disparity between the funding systems and the difference in the definitions of funding between states. After the morning break, Mary, Jan and Chris were joined by Mike Potter (Principal, Tyndale Christian School) and Stephanie Grant (Special Education, Catholic Education SA) in a Q&A session on the adequacy of funding and schools’ accountability. Mike explained the philosophy and approach to educating special needs students at Tyndale and his

frustrations with the inadequacy of funding, and Stephanie related what was happening in the Catholic system. The panel then took questions from Reps and Delegates around general issues and issues specific to particular schools. The session could have gone on for some time, but as lunch was fast approaching the moderator needed to close discussion and thank all panel members for making themselves available, and Reps and Delegates for their active participation. The afternoon began with the official launch of the IEU(SA) Reps kit. Each Rep had been provided with their kit on registering – a plastic holdall that conveniently sits on a shelf – which contained a wealth of useful information on the role and responsibilities of an IEU Rep. The kit also included the IEU(SA) Health and Safety Handbook. Chris Watt then provided an overview of the IEUA’s approach to the federal funding review, including: • t he misconceptions appearing in the media that non-government schools were over-funded at the expense of government schools and how these could be refuted, and • t he national coordination of responses from members and Branches to the review and the important role Reps played in ensuring that their Branches contributed submissions. These sessions concluded with time remaining for Reps to meet with their Organisers and discuss how they might begin to address special needs issues in their schools and how they could contribute submissions to the federal funding review. Following that, the customary drawing of the APHEDA raffle and closing remarks by secretary Glen Seidel concluded another successful IEU(SA) Reps and Delegates Conference.

EdU April 2011 IEU(SA)

2011 Reps and Delegates Conference

EdU April 2011 IEU(SA)

The campaign for votes for women On 16 February, Francis Bedford, as one of the founding members of the Muriel Matters Society hosted a morning tea at Parliament House to commemorate Muriel Matters’ balloon flight over London 102 years ago. The flight was a risky publicity stunt, during which the Adelaide-born suffragist dropped leaflets demanding votes for women on the opening day of the British Parliament.

permission of the House. She chained herself to a grille at the front of the public gallery and could only be removed still attached to it. This gave the suffragists’ cause more welcome publicity. The Muriel Matters Society discovered that the removed grille was still in the cellars at Westminster last year and succeeded in having it brought to Adelaide, where it is now on display in the foyer of Parliament House.

Muriel later went on to be the first woman to speak on the floor of the House of Commons, albeit not with the

www.murielmatterssociety.com.au

Louise Firrell, Marg Devichand and Sonya Flynn with a photograph of Muriel Matters.

Members of the IEU(SA) Equity Committee, Sonya Flynn and Marg Devichand with the grille.

ANZELA establishes SA chapter A meeting was held at Pembroke School on 9 February 2011, at which attendees resolved to set up a chapter of Australia and New Zealand Education Law Association in South Australia. ANZELA was established in 1991 with the aim of bringing together academics, legal practitioners, educators and others who have an interest in education law and legal issues affecting education. Its objectives are to:

• p romote and encourage research, study, discussion writing and dissemination of information about issues on laws relating to education • organise and stimulate participation in conferences and meetings on the laws relating to education • promote the publication, publish or cause to be published articles, newsletters, journals and other literature for the purpose of these objectives

• c o-operate and exchange information with bodies (corporate or otherwise) and persons on the laws relating to education • affiliate with like associations, and • develop policies on the laws relating to education. A South Australian chapter will allow for a local network of people – teachers, lawyers, administrators, leaders, academics, consultants – who share a common interest in education law and seek to develop that interest through activities, seminars or conferences. This will provide an opportunity to share expertise, experience and insights at a state level, as well as to access the resources and support of the national body. An annual conference is held each year by ANZELA and the 2011 event will be held in Darwin in September. See the ANZELA website (www.anzela.edu.au) for details.

EdU April 2011 IEU(SA)

Members@Work Noel Karcher

Newly elected IEU(SA) vice president Noel Karcher recently celebrated 40 years as a teacher at Christian Brothers College, which is quite an achievement! And he has witnessed a lot of change in that time. Noel cites information technology as one of the greatest changes. He recalls the old Gestetner machines used prior to photocopiers, with their waxed stencils and strong chemicals; the smell of which you are probably remembering if you used them yourself. I know I am! Refugees have been a consistent element of Noel’s experiences at CBC. During his time as a student, it was the Lebanese, Greeks, Italians and Poles with their “funny food”. Then, as he began teaching, came the wave of refugees from Vietnam. The students were conscious of the chance they had been given and were very dedicated students and high achievers at the school, says Noel, and he has since witnessed the cyclical nature of new arrivals, with Afghanis and northern African refugees following the Vietnamese. Forty years ago, the Religious Order was very visible at CBC, with the brothers wearing their black robes, and lay teachers were in the minority. As the Religious Order has disappeared from the school, there has been an increasingly

Anne Edwards Organiser strong focus on its founder, Edmund Rice, and lay staff are encouraged to undertake Catholic formation studies. Today, CBC students come from complex family situations, which inevitably create complex environments in the classroom. Noel says that life was more straight forward in the 1970s; lines of authority were clearer and students were more inclined to do what they were asked to do. Noel believes that the world of social networking has had an enormous influence on kids and their behaviour, with mobile phones (most of them with cameras) and bullying having a massive impact on school life and the management of students. It has also had an impact on the amount of work that students do – or rather don’t do – at home. Noel says that there has been a significant change at CBC in the way the Union is seen. Until the 1980s, the word union was not even heard. For Noel, the Union has played an important part in improving the status of teachers and ESOs. He is pleased to see that management is increasingly accepting of the positive role the Union has to play. In his role as an IEU Rep on the Catholic Enterprise Consultative Committee at the Catholic Education Office, Noel has witnessed first-hand the way the Union and management are able to work together to resolve issues.

EdU April 2011 IEU(SA)

Frankly Speaking Enterprise consultative committees Frank Bernardi Organiser The first meeting of the ECC has already been held with valuable and fruitful talks on items we are directed to negotiate by the new EA: • A dvance Skill Teacher (AST) grading and how it operates, and • the ESO classification structure and how it can be made clearer. Discussions have also covered numerous HR issues: I can already hear the collective groan as you read the words consultative committee. Yes, for many of you the consultative committee is a figment of the imagination or a slow train to nowhere, but they can exist and can be very useful. So what is the Enterprise Consultative Committee and what purpose does it serve? In a nutshell, it’s a much bigger version of a local consultative committee in that it represents the interests of all the Catholic employers and all their employees and is maintained to: • f acilitate consultation on industrial and professional issues of significance between employers and employees through their Union • enable ongoing dialogue regarding issues arising from the new EA and to discuss issues which might be considered for inclusion in subsequent agreements, and • provide a central forum for the discussion of wider human resource issues. While recent EA negotiations meant the committee didn’t meet, now that there is a new EA to implement the ECC will again play a key role in this process as well as deal with other relevant issues as they arise.

• t he availability of entitlements (including personal/carers leave and long-service leave) for all employees via the new pay system, Preceda • the transfer of staff at Marcellin Technical College, who are currently covered by their local agreement, to coverage under the Catholic Schools Enterprise Agreement 2010 • monitoring of the newly created CEA model and the teething problems experienced during its implementation, and • issues relating to ESOs, including consultation regarding PID variations, supervision of students and clarification of the new ‘on-call’ allowance. The key point for members to remember is that your Union can only truly represent you if you keep the office informed of what is happening in your school. By having active Reps and members reporting issues as they occur, it becomes possible for the Union to understand what the issues are and give appropriate advice and support. This enables the IEU to determine whether or not your local issue is just that or part of a pattern that can be dealt with more efficiently through the ECC than at each site where it occurs. So, in closing, don’t lose total faith in consultative committees. Some do work and, with your support, the IEU will be working diligently to ensure this one does.

On the employer side of the table sit CESA representatives Vin Thomas, Yvonne Webb and Geoff Hallion, together with primary and secondary principals Eileen Young (St Mary’s College), Pam Ronan (St Francis de Sales) and Michael Honey (Star of the Sea). On our side of the table sit IEU representatives Frank Bernardi and Anne Edwards, as well as primary, secondary and ESO representatives James Walter (St Columba College), Val Reinke (Nazareth College), Noel Karcher (Christian Brothers College) and Louisa Wilson-Shaw (St Pauls College). This year has also seen the inclusion of a country schools representative, Chris Lloyd of Tenison Woods College, Mt Gambier. The IEU acknowledges the goodwill of the employer and its commitment to the consultative process by covering the cost of making these representatives available.

Some of the IEU(SA) Enterprise Consultative Committee (L-R): Louisa Wilson-Shaw, James Walters, Chris Lloyd and Val Reinke.

EdU April 2011 IEU(SA)

Catholic Reps meeting

Call for AGM motions Members are invited to submit motions to be tabled at the annual general meeting of the Independent Education Union (South Australia) Inc. and the SA Branch of the Independent Education Union of Australia.

Current agenda

Time: L ight meal for members at 5:30 pm, followed by AGM at 6:00 pm Date: Wednesday, 22 June 2011 Venue: Education Development Centre, Hindmarsh

4. Business arising from the minutes

Motions must be submitted to Glen Seidel, Secretary, by COB Tuesday, 10 May 2011, either by email to gseidel@ieusa.org.au, or by post to 213 Currie Street, Adelaide SA 5000.

1. Welcome 2. Apologies 3. Minutes of previous AGM 5. Motions on notice 6. State report 7. Federal report 8. Treasurerâ&#x20AC;&#x2122;s report 9. Election: internal auditors 10. Election: external auditor

EdU April 2011 IEU(SA)

Celebrating 100 years of International Women’s Day

Louise Firrell Organiser/Educator International Women’s Day was first celebrated in 1911, encouraging women around the world to call for equality. On 25 March 1928, Australian women rallied in Sydney to demand improvements to women’s social, political and working rights. This became the first celebration of International Women’s Day in Australia.

• T he prevalence of negative gender stereotypes based on societal beliefs and attitudes affects women and men and constrains their opportunities and choices. Stereotypical assumptions about women in the labour market lead to occupational segregation and a genderwage gap.

International Women’s Day is a time to reflect on the progress made by generations of working women and their families. It is also a time to acknowledge the significant contributions that women continue to make.

• L imited involvement on the part of men and boys restrains advances towards gender equality in all areas. Focusing attention on gender issues and building support for social change can only be achieved when men and boys are engaged, for instance, in measures to eliminate violence against women and overcome stereotypes.

Our future Every year since 1911, organisations and individuals across the world have recognised the achievements of women and their contributions to society on 8 March. On this day, women celebrate the progress that has been made, but also contemplate those areas of women’s lives where more can be done.

Celebrating paid parental leave It is significant that Australia’s new paid parental leave scheme commenced on 1 January in the centenary year of International Women’s Day. While IEU members have had many successes in negotiating paid parental leave, these have been achieved through Union membership activity and provisions vary in terms of length of leave and access. The federal government scheme now provides financial security to those working parents who are unable to access employer-funded leave.

Global challenges remain Despite countries introducing various gender-sensitive legislation and policies to address inequalities and discrimination, overall global progress remains uneven. There are many challenges globally for women and girls. • L ittle progress has been made on reducing maternal mortality rates. Every year 536,000 women and girls die as a result of complications during pregnancy, childbirth or following delivery. • V iolence against women and girls is a global pandemic, with up to 70 per cent of women experiencing violence in their lifetime. • A ccess to labour markets and to decent work remains limited for women. Women are more likely than men to have low-paid, low-status and vulnerable jobs. [United Nations Department of Public Information, DPI/2553E, February 2010]

Why do so many challenges remain?

• W omen’s under-representation in decision-making positions in all sectors limits the incorporation of gender perspectives in policies and programs. • V iolence against women represents an obstacle to progress in many sectors, including health, education and employment. Sexual violence at and on the way to school, for instance, is a major impediment to girls’ participation in education. • W omen continue to be responsible for most domestic and care-giving work. This unequal sharing of responsibilities negatively impacts their educational and employment opportunities, and limits their involvement in public life. [United Nations Department of Public Information, DPI/2553E, February 2010]

What is needed to progress change? While comprehensive legal and industrial frameworks are needed to protect and enhance the positions of women, the simple development of laws and policies are not enough. They must be effectively implemented, monitored and resourced. This includes the effective education of both men and women which raises awareness of the rights and issues affecting women.

International Women’s Day is more than a day of celebration. It must be considered as an ongoing campaign for awareness and equity. In the week of 8 March each year, IEU members across the country will celebrate their current achievements and continue the campaign. It is only through the activism of our members that sustained progress for gender equality and empowerment of women and girls is achieved.

Several factors limit progress on all key areas.

EdU April 2011 IEU(SA)

100th anniversary

of International Womenâ&#x20AC;&#x2122;s Day, 8 March 2011 Louise Firrell Organiser/Educator To mark this significant anniversary, SA Unions secretary Janet Giles coordinated a gathering of women on the steps of Parliament House on Thursday, 10 March. Speakers highlighted the gains made by women in all walks of life over the past 100 years, including the struggles of our indigenous sisters, who not only shared the struggles

of women at large but carried the burdens of discrimination and marginalisation. After a short march to the front of the State Library, the Aboriginal and Torres Strait Islander Womenâ&#x20AC;&#x2122;s Alliance officially launched a poster celebrating 100 years of indigenous women who have made a positive difference to their communities and influenced social change.

EdU April 2011 IEU(SA)

Balancing Act Violence by any name

Louise Firrell Organiser/Educator It doesn’t matter what you call it, violence in intimate or family relationships is assault, and it is unacceptable. While it is certainly not exclusively perpetrated by males against females, this is by far the most common situation and it occurs across all socio-economic and cultural groups. Kate Ellis MP addressed the issue in her International Women’s Day address to the National Press Club on 9 March. “Former UN Secretary General, Kofi Annan, once said that, ‘Violence against women is perhaps the most shameful human rights violation and it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.’ “You might think that in an equal, developed and indeed peaceful country like Australia, that the vast majority of our citizens live lives that are rarely impacted by violence. “The reality is that, in Australia, one in three women has experienced physical violence since the age of 15. Almost one in five experiences sexual violence in her lifetime. “To put that in perspective, every woman you saw passing by you in the street on the way to work this morning is more likely to have experienced physical or sexual violence than to have divorced parents; more likely to have experienced violence than to have been born overseas; and even with the world-leading levels of educated women in our country, a woman is more likely to have experienced violence than to hold a bachelors degree. “Research conducted in Victoria only a couple of years ago revealed that intimate partner violence is the leading cause of death, disability and injury amongst women in that state who are aged between 15 and 44. “There is a similar story to be told right around the nation. “I use these statistics because of their impact, because I know that they will shock you, as they have shocked me. I use them to demonstrate to you just how widespread the problem of violence against women in our country truly is. “I use these statistics to ask for your acknowledgement of the terrible hurt and injustice that so many Australian women have faced and will continue to. “But in using these statistics we must ask ourselves the question of why the figures shock us, why these figures come as a surprise.

“It is because we don’t regularly hear the personal stories of women who have faced violence. We don’t take the first step of acknowledging, discussing and establishing the dialogue about the magnitude of this issue permeating our culture and community. “To be frank, it is pretty evident that many in our community feel uncomfortable talking about violence against women. Maybe it is because it is depressing; maybe it is because there is an assumption that this is one of the challenges for women we’ve ‘ticked off’ the list; maybe it is an issue that just doesn’t sell newspapers. “But let’s just be honest; unless you want to question the statistics then there is no reason why an abuse of this magnitude should not be at the forefront of public awareness. We need to bring this into the open. Until we can confront the reality of violence and its impacts on our sisters, mothers, wives and daughters it will continue to be one of the great unresolved challenges of our community both here and abroad. “And just as each of us has a right to live a life free of violence, we have a responsibility to ensure that others can to. Last month, I launched internationally Australia’s National Plan to Reduce Violence against Women and their Children. As you may know, this 12-year national plan is a significant achievement for our country. It is the first time that our entire nation has come together, Commonwealth Government and every State and Territory – regardless of political persuasion – and taken action to eliminate violence against women in a coordinated and determined way.” Whether a professional or employed in some other type of work, violence not only has an impact on the victim, their children and extended family, it will inevitably have an impact on the victim’s performance and attendance at work. The Domestic Violence Clearing House has undertaken the Workplace Rights and Entitlement Project with employers to raise awareness and assist victims to maintain their employment while trying to manage medical, legal and financial issues. As a result, a number of employers included clauses in their enterprise agreements in 2010 that provide employees with special leave to attend counselling, court attendances, medical appointments and other matters that may be necessary to provide resolution and safety for an employee in this situation. The Domestic Violence Clearing house is a comprehensive online resource for anyone seeking assistance or information. For more information, visit www.adfvc.unsw.edu.au

EdU April 2011 IEU(SA)

SA unions unite for working people

Janet Giles Secretary, SA Unions When the Rann Government was elected in 2002, the South Australian community had high hopes for positive change. During the preceding eight years of Liberal rule, we’d seen the slashing of public sector jobs and services, the sell-off of public housing and the gradual shift of money into the pockets of big business. But with the election of Premier Mike Rann, there was immediate change. We saw an increased investment in hospitals and schools, major infrastructure investment and a feeling once again of optimism for our future. But, nine years on, we feel right back where we started. The Rann Government used to look after working people, but not any more. For us, the first sign that they had stopped looking after the interests of working people was the attack on injured workers rights in 2008. The workers compensation law was changed without regard for the views or interests of workers, with the state government rushing through new laws that stripped away the income, justice, dignity and hope of injured workers. Unions and our members vowed then that we would keep campaigning to reinstate fairness into our workers compensation system and we have kept that commitment. Then, in September 2010, came more direct hits to South Australian working people. The 2010-11 State Budget saw the Rann Government deliver cuts of $2 billion over the next four financial years, including $251.1m to health. In a devastating blow, it also announced it would slash more than 3,700 jobs from the public sector.

The premier and his treasurer went one step further than any government – state or federal – has ever gone. They legislated away the working conditions of more than 100,000 workers outside of the bargaining process with no notice, no discussion and no respect. The legislation removes long-service leave entitlements for workers who have been in their jobs for more than fifteen years, and cuts holiday leave loading for most. They even amended the legislation to ensure it overrode all current and future collective agreements. Last September, the Union movement in South Australia decided that we needed to fight back. We agreed to a long-term, well-resourced campaign that put front and centre the interests of working people in our state. We agreed we needed to ensure this government, and all future governments, knew that if they stopped governing in the interests of working people they would do so at their peril. Our objective is to ensure the interests of working people form the basis of policy direction of government in this state, and we’re fighting it on a number of fronts. We’ve taken the campaign to people’s living rooms through television advertising. We’re online, too (www.saworkingpeople.com.au), and encouraging people to join our campaign. We are continuing to explore every possible legal and industrial option to reverse the changes to workers’ conditions. This includes a challenge to the Supreme Court, bargaining processes and actively participating in the review of the workers comp laws. This isn’t just a campaign for public sector workers, their jobs and conditions or injured workers and their rights. It is a campaign about our state and our community, about the sort of place we want to grow up in and leave for our children and grandchildren. We’ll keep up the fight to make sure every family and community shares in the prosperity of this great state.

EdU April 2011 IEU(SA)

On the Move for Equality

Education International’s first Women’s Conference Louise Firrell Organiser/Educator This year, from 18 to 23 January, Education International held its first Women’s Conference, On the Move for Equality. Women educators and trade unionists from approximately 90 countries gathered in Bangkok to develop networks, exchange information and chart a way forward in promoting gender justice for women and girls throughout the world. Susan Hopgood, President of Education International opened the conference. The following excerpts from her speech provide the context for the presentations and discussions that followed. ‘As women teachers and trade unionists, we are at the forefront of the movement for change in our homes, our classrooms, our unions, our communities and societies. ‘Recorded history tends to be the story of men, and events around wars, conquests and capitulations, warlords, kings and emperors. A starting point to achieving gender equality must be a change in existing dominant histories, power patterns and the attitudes they perpetuate. We need to record the histories of our heroines, great women who influenced history; their roles, their struggles and their leadership. We know that their struggles took great courage and perseverance. ‘Changing existing power patterns and cultures is never easy. It is for this reason that the movement of suffragettes which started in England in the late nineteenth century is so inspiring! It was led by educated women, but was, interestingly, one of the first movements to breakthrough class divisions: women from all walks of life joined. ‘Women’s achievement of the right to vote was reached at different moments in different places. For example, in South Africa, white women in 1930; black women in 1994. In Australia, non-indigenous people gained the vote in the early twentieth century, whereas shamefully indigenous people only achieved the right to vote in 1967. The fight for inclusive gender justice has been long and painful in many places. ‘I use the right to vote as an important symbol of the right to participate, to have voice and autonomy, and therefore to enjoy equality, dignity and respect. But our struggle continues on many fronts. When we shift attention to taking stock of the status of women, we cannot fail to see

a mismatch between international standards and actual practice. In the post world war era, significant advances have been made in the adoption of norms for human rights, democracy and gender equality. The Universal Declaration of Human Rights was agreed in 1948, and has been ratified by all countries. In addition, many new international agreements and commitments have been made, most notably, the Convention on the Elimination of All Forms of Discrimination against Women (1979), which defines discrimination as a violation of universal rights. The Convention on the Rights of the Child (1989) places obligations on governments to ensure free primary education, quality education, and respect for children and youth up to the age of 18 years. UN resolutions, such as 1325 on the role of women in peace and security are vital for ensuring that the perpetrators of sexual violence are prosecuted and brought to justice. ‘How do we measure progress against the backdrop of adopted covenants, standards and policies, and technological advancement? And does progress always help women? According to the Declaration of Human Rights: • ‘ all human beings are born free and equal in dignity and rights’ • ‘everyone has the right to life, liberty and security of person’, and • ‘no one shall be held in slavery or servitude’. ‘It is estimated that in India and China, 2.7 million female foetuses are aborted each year. Is access to new medical technologies such as ultrasound helping to achieve gender equality? Statistics tell us that, for example, access to prenatal ultrasound has resulted in termination of unwanted pregnancies of the girl child – one of the worst forms of gender violence and discrimination. ‘Girls and daughters are too often considered to have lower economic and social value than boys and sons. Trafficking – a new form of slavery and exploitation for economic gain – is an urgent issue. Around 800,000 people are trafficked across national borders annually, with about 80 per cent of them being women and girls, and mostly into commercial sexual exploitation. Child marriages are still common in many countries. Statistics of sexual and physical violence among child brides range from one third to two thirds, but reach nearly 100 per cent in some countries. Three million girls are at risk of female genital mutilation, mainly in Africa.’

EdU April 2011 IEU(SA)

Taking stock of the state of education of girls and women ‘The Universal Declaration of Human Rights states ‘everyone has a right to education’. Yet more than 60 years after, 72 million children of primary school age are out of school. Nearly 60 per cent of those are girls, and about the same number is unable to go on to secondary school or to pursue relevant vocational education. About three quarters of the approximately 700 million illiterate people in the world are women. ‘If we continue the way we are now, there will be 56 million children still out of school in 2015. ‘An educated woman has significantly less reproductive or other health problems, fewer children, is less likely to be faced with child-mortality, suffers relatively less violence, and is more successful in participating in family, community and wider economic and political activities. An educated woman’s children are better nourished, more likely to attend school, and less likely to be HIV positive. At policy-level, if not always followed through in practice, governments and multinationals affirm that a dollar spent on educating girls is by far the most efficient and effective development dollar ever. Not only for the women themselves, but also for the wider community and economy. ‘Yet education remains grossly underfunded, and, as a result, under-resourced, not always accessible, and not always quality education. ‘We must advocate for full implementation of existing legal frameworks, but these are not enough to guarantee gender justice for all women and girls. Real long-term change will only occur when rights are recognised by governments and are accessible by all women, and when societal and cultural norms and attitudes which result in the subjugation of women and girls are changed.’

Political and economic participation ‘Political participation of women has increased significantly. Expectations are that the twenty-first century will see further growth of women in leadership. Equal pay for equal work is guaranteed in many countries, and while implementation is slow, it is certainly on governmental and corporate agendas. Gender-specific job segregation

is changing, but as women trade unionists, as well as educators, we know that there is still a way to go before we have achieved gender justice in our Unions and in our schools. ‘When I commenced teaching in the 1970s in Australia, the working life of a woman teacher was far different from what it is for a young woman beginning her teaching career in 2011. The teaching service then was constructed to suit the working lives of men. How different it is today for a young woman beginning teaching in 2011 in Australia: she enters a teaching profession which provides paid maternity leave and family leave, permanent part-time employment, employment opportunities which enable child-rearing and family responsibilities without loss of job, promotion, superannuation benefits and so on. And, just as importantly, allows for leave provisions for men teachers to also take on their family responsibilities. ‘These changes have largely come about because of the action of education Unions, led by women activists, some of whom are in the room here today, and with the support of committed men. It is my hope that at this conference we will challenge each other constructively to increase our level of understanding and our level of leadership within our Unions and within our education systems. ‘It is my hope that we will undertake initiatives aimed at connecting with the new UN Women structures, that we will strategise better with other global and national social movements. I look forward to this conference pushing the envelope and provoking us to be innovative and strategic, engaging with young people and their energies and social networks, succeeding in having our male colleagues make space, move away, support and encourage the rise of women leaders. ‘We are in a position to stimulate change, to achieve transformation. We are in the right area of work: education. And we are in the right organisational framework: trade Unions. It is our mission to fight for the quality of our education systems in policy and practice, for the strength of our unions, and for gender justice within education for all. ‘We are on the move for equality!’ Education International www.ei-ie.org

EdU April 2011 IEU(SA)

Education International’s first Women’s Conference

EdU April 2011 IEU(SA)

Safety in our hands Wendy Evans Organiser, Workplace Health At the recent IEU(SA) Reps and Delegates Conference, keynote speaker Mary Gow spoke about the need to develop a ‘safety culture’ within our schools. Ms Gow, OHSW Consultant for the Diocese of Broken Bay’s Catholic Education Office, talked about the expectations and pressures on schools in 2011. Staff provide a range of services to students with diverse ranges of ages, maturity, life experiences, skills, needs, abilities and disabilities. Schools operate in a world of increasing complexity and regulations, and in which developing technology plays an increasing role. As a result, staff face real challenges in relation to their safety, and that of their students. Ms Gow explained that, as a result of a particularly horrific case of violent behaviour by a NSW student, guidelines for the management of health and safety risks posed to schools by a student’s violent behaviour have been issued in NSW under Part 5A of the Education Act 1990 (www.det.nsw.edu.au/media/downloads/legislation/ mhsguidelines.pdf). It would be fair to say that South Australia has its share of students who exhibit violent behaviour. IEU Organisers frequently take calls from members detailing varying levels of violent behaviour. That behaviour can be broadly defined as: • b ehaviour that seriously interferes with teaching and learning • inappropriate sexual behaviour • serious and credible threats to the safety of others • verbal abuse • non-contact, aggressive behaviour • physical damage to property • self-harming and risky behaviours, or • physical acts of aggression towards others. The harm caused by this violent behaviour can be directed to the student themselves, to other students, to staff and to visitors to the school. The question that we get most from our members is, ‘How do we deal with these situations when we are continually told that this student has a right to an education?’

It is true, of course, that each child has a right to an education. However, that right does not negate the rights of others. What shouldn’t be underestimated and overlooked is that as an employee you have a right under OHSW legislation to a safe working environment, safe systems of work and access to instruction, training and supervision. As an employee, you are required to notify your employer of hazards or incidents in the workplace and protect your own health and safety. It is the responsibility of your employer to: • p rovide safe systems of work and a safe working environment • provide access to training, supervision and information • monitor working conditions and employees’ health • to keep work-related injury records, and • to investigate in a timely manner when hazards and incidents are reported. Ms Gow offered attendees samples of the kind of hazard and incident report forms to be used for reporting violent behaviour. Similar documents already exist in our schools, but they need to be completed and lodged without fear of blame if the system is to operate effectively. It is not reasonable that staff take on all the responsibility for dealing with these behaviours without any authority to deal with them effectively. In her presentation, one of the things that stood out so clearly for me was the need for documentation, documentation and more documentation. When you complete a hazard or incident report, and you have not had feedback from management, don’t leave it until the next time to follow it up. Ask, repeatedly if necessary, for a prompt response on the outcomes of investigations. In so doing, you can rest assured that you have met your responsibility to report and have done your part in making your school safe. Management has the responsibility to address the issues raised in a serious manner and can’t be allowed to put problems in the too-hard basket. It is not in the ultimate interests of the disruptive student (no matter what the cause), nor other students, for management to play Russian roulette with the people in their care. They must not offend under OHSW laws for fear of offending under discrimination laws.

EdU April 2011 IEU(SA)

What’s your problem? an interactive column

If you have a question about your employment conditions that requires a prompt response, call the office and ask to speak to the duty officer of the day. If it is something that is not urgent, or you think that may be generally relevant to other members, send an email to dorothy@ieusa.org.au Identify yourself by name or membership number and any queries that are not selected for publication will be responded to personally.

Voluntary is not honorary

Dear Dorothy, I teach in a Catholic school and since the new EA has set limits for curriculum extension activities (CEA) and payment at $25 per hour, the Principal has started to say that some activities are now “voluntary” and therefore don’t count towards required hours or payment. There is a strong moral pressure for people to volunteer and not claim the payment in the interests of the school’s finances. Can the school avoid its obligations as easily as this? Disillusioned.

Dear Disillusioned, No-one can contract out of the EA and accept inferior conditions. The few items that can be individually negotiated are listed in clause 12 – Individual Flexibility Arrangement, and even then, the employee must be better off. There would be no point in tightly defining and codifying remuneration and conditions if they could so easily be rendered optional and unenforceable. There appears to be confusion between two quite different words: voluntary and honorary. To volunteer simply means to offer one’s services out of one’s own free will. There is no expectation or requirement and one is equally able to decline to participate. This doesn’t mean that EA conditions for remuneration, or contribution to workload limits, do not apply if one does willingly agree to take on a CEA or other responsibility. A soldier who volunteers for a particular duty or mission is still paid for it. • C lause 15.9.3 makes mention that volunteers for emergency services may be in receipt of payment, so logically ‘voluntary’ doesn’t necessarily mean ‘honorary’. • Clause G2.6.4 specifies that a teacher may voluntarily exceed the 4.5 hours per week OPA, but by the same token the school cannot require greater than 4.5 hours per week. As OPA is not separately paid, remuneration is not an issue.

• C lause G 2.7.4 specifies that a teacher may undertake CEA on a voluntary basis. The point of contention then becomes how that involvement is treated. • Schedule 1 – Curriculum Extension Activities (page 110) is not the employers’ “get out of jail free” card. Depending on the type of school, teachers may “volunteer” and be approved for more than either 5 or 60 or 80 hours pa CEA with no automatic right to remuneration unless varied by a flexibility agreement. Before this condition kicks in, the teacher must have completed the five or 60 or 80 hours which must be counted and remunerated according to the tier one and tier two hours of schedule 1. The litmus test for determining if a ‘voluntary’ activity is ’honorary‘ is to consider if the employer or the employee initiated the activity and if management would be upset if no-one volunteered and participated. For example, Clause 38.6 specifies that a teacher may voluntarily utilise the lunch break to undertake activities with students. The teacher would initiate that, and if the activity is one for which payment accrues (e.g. CEA sports practice) there would be an appropriate payment. However, the teacher cannot be required to undertake activities with students (other than rostered supervision) in a meal break. It is entirely up to the teacher’s free will. Employer-initiated activities (e.g. open days, graduation ceremonies, sports) must be treated as per the EA, even if staff self-select to participate. If no-one volunteered to attend an open day or the graduation ceremony it would be a PR catastrophe. There is clearly an expectation that staff will attend (even if not all are required), but those who do attend must be treated by the EA terms and conditions. They may have opted into the activity but they can’t opt out of how they should be remunerated. ESOs need to be paid at the appropriate hourly overtime and penalty rates. I hope that common sense prevails at your workplace, but keep in contact with your Organiser so we can keep a handle on emerging issues and coordinate local Branch actions as appropriate. Dorothy

EdU April 2011 IEU(SA)

PD Diary

2011 ACTU Indigenous Conference Veena Gollan Indigenous Education Officer, Catholic Education SA I was privileged to attend the annual ACTU Indigenous Conference held in Darwin from 16 to 18 February. The focus of the conference was the challenges faced by indigenous workers in the Northern Territory since the federal and NT governments implemented the discriminatory ‘intervention’ legislation. Points for discussion were human rights, the intervention policy, the Community Development Employment Program (CDEP) and the first ACTU draft action plan. ACTU secretary Jeff Lawrence presented a report on the 2010 Union delegation trip to Utopia, an Aboriginal community in central Australia. The visit was an important opportunity for Aboriginal people to speak with the 15 Union representatives about the lack of jobs and restrictions placed on them by the scrapping of CDEP. Jeff talked about the Unions’ involvement in the Gurindji people’s fight for equal pay and work in 1966 and how the actions taken on the Wave Hill Station highlighted the importance of Union support in presenting social justice issues to government. We also heard from Queensland and NT state secretary Peter Simpson, who talked about the 20 electrical apprenticeships offered to young indigenous people in Queensland. And Ian Bray, Assistant National Secretary of the Maritime Union of Australia, who spoke about the need for Unions to engage with all parties and maintain mutual trust and respect when talking with Aboriginal and Torres Strait Islander peoples if they are to overcome the many challenges faced.

Veena Gollan, Lisa Buxton (Eastern Region Indigenous Advisor, Sydney Archdiocese), Camille Furtado (IEU NT Branch).

Mick Gooda, a Gangulu man from Queensland and the Aboriginal and Torres Strait Islander Social Justice Commissioner, gave a talk on the good work he is currently doing to review the human rights policies relating to Australian indigenous people’s rights to self-determination. Daguragu people from Kalkarinji (formally known as Wave Hill Cattle Station) told their stories of hardship and their anger at not being able to support their families through proper employment and wages like other Australians. Peter Mick Inverway, a proud Gurindji elder and spokesman, permitted me to take his photo holding his Basic Card to emphasise the unjust laws of the intervention policies. Half of his Centrelink payments are quarantined, allowing only selected purchases from stores identified on the Basic Card. Initial ideas put forward to the ACTU are to continue their support, to be a voice for the rights of indigenous workers, to encourage indigenous involvement and union membership, and to provide indigenous people with access to training opportunities which will lead to meaningful employment. The conference certainly gave me a very different perspective on the issues surrounding my people’s fight for basic human rights in the NT and the important role the Unions play. Thank you to the IEU for the opportunity to attend.

Peter Mick Inverway with his Basic Card.

EdU April 2011 IEU(SA)

Industrial

Adverse action: Are Union Reps a protected species? Glen Seidel Secretary The majority decision in a recent Federal Court appeal has established some important protections for Union Reps and officers when availing themselves of a workplace right or when involved in industrial activity wearing a Union hat as opposed to an employee hat.

Under Section 346, adverse action must not be taken because a person is, or is not, an officer or member of an organisation; or because a person engages, or does not engage, in various forms of industrial activity as defined in section 347.

In Barclay v BRIT (Bendigo TAFE), Gregory Barclay, a TAFE teacher and AEU sub-branch president, sent an email to members which was critical of management and warned members to not become involved in the fabrication of student results. Management instituted disciplinary proceedings, suspended Barclay, refused him permission to attend the workplace and suspended his email account.

The Barclay appeal decision highlights that, to be able to claim the protection from an adverse action, it must be clear that the member, Rep, Delegate or officer (e.g. executive member) is acting in that capacity when acting in a manner which may be contrary to the interests of the employer. The reason for the action against the employee need not be solely because of Union or industrial activity, but it must be one of the operative reasons, even at the subconscious level. The employer has the reverse ownership of proof to demonstrate that the reasons for the action against the employee did not include that reason.

Management claimed that Barclay was in breach of various internal policies and that he was not being discriminated against because of his Union activity or for accessing a workplace right. Bendigo TAFE’s position was supported at the first hearing but overturned on appeal. The majority (two out of three appeal judges) concluded that it was not the intent of the employer alone that counted. They found that “the real reason may be conscious or unconscious, and where unconscious or not appreciated or understood, adverse action will not be excused simply because its perpetrator held a benevolent intent”. Barclay may or may not have handled his industrial activity in the most appropriate way, but any “failure was the failure of a Union officer. It was not the failure of an employee and could not have been dealt with as such”. The general protections provisions of the Fair Work Act 2009 prohibit the taking of (or threat to take) adverse action because an employee exercises (or proposes to exercise) a workplace right or engages (or proposes to engage) in industrial activity. Section 342 defines adverse action as occurring where an employer dismisses the employee, or injures the employee in his or her employment, or alters the position of the employee to the employee’s prejudice, or discriminates between the employee and other employees of the employer. Section 341 defines a workplace right as having a role or responsibility under a workplace law, being able to participate in a process or proceeding under a workplace law, or having the ability to make a complaint or inquiry.

Obviously, an adverse action claim would not be successful where the employee was being disciplined for performance, policy non-compliance or common law breaches which had no connection with accessing workplace rights or industrial activity. IEU Reps are a formal part of the IEU structure and have a responsibility to the organisation when speaking on behalf of their Branch. However, this case shows that even if there are some deficiencies in the approach taken, it is the Union that may be called to account, rather than the Rep as an employee. It has come to our attention that some Reps have encountered employer disapproval for raising internal communications, deliberations, decisions or proposals with their Organisers for advice. The IEU position is that it is entirely appropriate and defensible for members and Reps to bring any workplace matter which would impinge on the performance of their roles to the notice of their Organisers. For an employer to injure a member or Rep for doing so would expose them to an adverse action claim in the Federal Court. Significant penalties and unlimited compensation may be imposed. Any Reps who feel that they are being subjected to an adverse action for a reason which may include their Union or industrial activity are requested to contact their Organiser so that these types of intolerable intimidations can be nipped in the bud.

EdU April 2011 IEU(SA)

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INTERNATIONAL

WOMEN’S DAY 2011 Centenary Celebration

A century of activities by unions has achieved significant economic, political and social gains for women. Since 1911, International Women’s Day has been commemorated on March 8 to celebrate these achievements, but also to remind us that continuous effort and vigilance is still needed to achieve gender equity. Latest statistics show that almost half the workforce is female yet women earn almost 18% less than men. This is because jobs traditionally regarded as ‘women’s work’ tend to be valued and paid less; and because women often work in low paid part-time or casual jobs to balance their domestic and caring responsibilities.

Did you know: • More women graduate from tertiary education than males, yet a female graduate will earn on average $2,000 less than a male graduate. After the fifth year the gap will climb to approximately $7,500 • Less than 2 per cent of ASX 200 companies have a female CEO and only 1 in 12 board directors are women

Unions have helped women achieve unpaid maternity leave, emergency leave, carer’s leave as well as family friendly flexible working arrangements. Unions have also played a leading role in establishing anti discrimination and equal opportunity legislation. This year also saw the introduction of Paid Parental Leave. After 30 years of union campaigning, women will now have access to financial and employment security when they have a baby. The unions’ equal pay case for social and community service workers launched in early 2010 will help address the undervaluation and underpayment of ‘women’s work. Unions believe everyone is entitled to equal opportunity and fairness at work and will continue to campaign to ensure that women are valued and considered equal citizens alongside their male counterparts. This year we will continue our campaign to remove the barriers preventing women from achieving equal rights. They include: • More ﬂexible work arrangements for employees with family responsibilities and quality part-time jobs • Improved paid parental leave including full wage replacement and superannuation • Accessible, aﬀordable and good quality out-of-school care and childcare

• Women are disproportionately linked to casual or low paid part-time jobs

• Proper remuneration and funding of work that has traditionally been viewed as ‘women’s work’

• Women perform twice as many childcare and domestic duties than men

• Improved anti-discrimination and equal employment opportunity protection

• Women retire with less than half the amount of savings in their superannuation account than men

• More opportunities to train and build skills to increase female participation in the workforce

• As a result of these inequities, over a lifetime women earn almost $1million less than men.

• Addressing the superannuation discrepancy

The union movement has fundamentally contributed to the advancement of women’s rights in the past and will continue to campaign for gender equity.

For more information on the campaign contact your union or Unions Australia on 1300 486 466 or visit unionsaustralia.com.au

Personal account of a workplace injury Anonymous In the first five years since my initial workplace injury, I have experienced a roller-coaster of life-changing emotions and experiences. My initial disbelief and dismay that any manager could treat a loyal staff member in such a way was followed by anger and grief at the loss of a career that I loved.

Bullying behaviour is insidious and steps should be in place for the perpetrators – either employees or employers – to be made accountable for their actions. Unfortunately, bullying and harassment appear to be widespread in the workforce and this is confirmed by many media articles as well as books written by professionals who deal with the victims.

To deal with major crisis, while being both physically and psychologically impaired, is nearly impossible. Some of my experiences over the past five years are a complete blank, yet others are embedded in my mind as if they happened yesterday.

The simple message ‘You have done nothing wrong’, written on a yellow Post-It and placed prominently in my home, was suggested to me by a psychologist. That message remains as true for me today as it was at the time of my injury. It helped me to pursue my rights.

Now, in 2011, some eight years from the onset of illness and forced retirement, for the first time I am free of medication for depression, anxiety, nausea and IBS.

Finally, the questions can be asked, but we may not like some of the answers. For example, ’Have I received justice?’ I have to say ’No’ because I lost my career and suffered extreme ill health for five years, which may affect my health in the future. I have to say ’No’ because the WorkCover legislation allows for the stepping down of salary for injured workers when they need their full salary. And ’No’ because the legislation allows the non-payment of superannuation or long-service leave.

Some days the smallest image, like a newspaper article or a child in school uniform, will trigger a recollection of events. However, I am now able to move on and not be overcome with debilitating recollections and anxiety. The decision not to accept the actions of the bully in a workplace safety issue is an isolating and lonely experience. It was not an easy situation for family, friends, students, colleagues or parents. However, without their combined initial and ongoing support, I could not have made the decision to fight the injustice perpetrated against me by the principal. The Union advised me to take out a WorkCover claim for a work injury. Twelve weeks later the claim was accepted. The aim for me was to regain my health and return to full-time employment. I was advised from the onset that taking this action would be a ‘rocky road’ and my advisers were correct. The five years merged into seemingly endless appointments, often when I was unwell. I persisted mainly because of the injustice I believed I had experienced at the hands of someone who should have been aware of their duty of care to me as an employee. Recording the sequence of steps I had to take will, I hope, help others who have suffered similar fates of inappropriate behaviour.

I say ’Yes’ because policies on bullying and harassment were implemented through Workplace Choices at the school as a result of my experience. ‘Yes’ because, once the determination was made in my favour by WorkCover, they assisted me financially. ‘Yes’ because to give in to a bully allows control over the injured worker and more power to harm others in the future. And, finally, ’Yes’ because, ultimately, the medical professionals I had to deal with believed me – and that’s not an automatic response. If you do not belong to your Union, join now! The help I received from the Organiser was critical to my ongoing safety. The advice was always in my best interests and they stood by me during difficult interviews and meetings. This I will never forget. Changes to workers compensation legislation continue to disadvantage the injured worker. How sad this has happened and continues to happen every day. Name supplied

EdU April 2011 IEU(SA)

Student membership on the up! Bruno Sartoretto Organiser Each year, the IEU and the AEU together deliver presentations to student teachers, and many students have taken advantage of the special membership rates available to them while studying. To further demonstrate the benefits of Union membership, this year the IEU has collaborated with NGS Super on a ‘show bag’, and the investment is already paying dividends with a marked increase in the number of student memberships. The bag contains copies of the Beginning Teachers newsletter, relevant EdU articles, information about NGS Super, Teachers Health and ME Bank products, along with branded sticky notes and pens. It is important to acknowledge the assistance of the major universities – Adelaide University, Flinders University, UniSA (Mawson and Magill campuses) and Tabor College – for providing the time for the IEU and AEU to speak with students in their final year of study. Often this is the first occasion that students have any contact with Unions in the education sector.

As student teachers and beginning teachers land in your school, it is important to make them feel welcome. There was one scenario of a beginning teacher in a country school who was allocated a transportable classroom located away from the main buildings. It was only found out later in the year that, apart from staff meetings, no-one had really engaged in any conversation with her and she was feeling very isolated. Not a good start to her career. At this time of year, as new teachers have settled in and are truly starting to get the lie of the land, an occasional word of encouragement or a ‘How’s it going?’ can make all the difference. As Union members, telling them that you are in the IEU and inviting them to join gives beginning teachers another contact point if they have any questions about what is expected of them. If inexperienced teachers are swamped by over commitment to extra-curricular activity, or classes stacked with ‘interesting’ children without support, the school’s IEU Branch must be alerted if it is to offer support.

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EdU April 2011 IEU(SA)

Lutheran Digest Louise Firrell Organiser/Educator It has been a year since the IEU served its log of claims in its effort to negotiate a new enterprise agreement for staff of South Australian Lutheran schools. In January, the LSA finally received the official ‘tick’ from Fair Work Australia to begin negotiating a new EA for schools in South Australia, Northern Territory and Western Australia. Since then, representatives of the IEU in Queensland, WA and SA have been communicating via teleconference to analyse each state and territory’s respective agreements in order to prepare a new combined log of claims, which will be circulated to Reps for discussion before a final version is adopted and formally served on the LSA. All Lutheran primary and secondary schools will have been visited by their IEU Organisers by the end of the term to ensure staff have the opportunity to hear what is happening and how they can participate.

Under the Fair Work Act 2009, representational rights are clearly defined. As a Union member, you are automatically represented. Unless they choose to represent themselves as individuals or engage another person to act as a bargaining agent, non-members will have no representation. This means they will have no say in the initial claim, no say in how the negotiations progress and no influence on the outcome. The IEU has an experienced group of officials to manage the negotiations and staff have a committed and experienced group of representatives, but without the support of members in schools their ability to achieve what members want will be compromised. If you work with someone who ‘never gets around’ to joining the IEU, now is the time to give them a collegial reminder. The more members we have, the more influence we have to achieve the best outcomes. That is what Unions do: work together for each other and their communities.

Islamic College of SA registers first EA Louise Firrell Organiser/Educator Members at the Islamic College of South Australia have successfully negotiated with principal Julia Abdelale and the school council to register the first EA for teachers at the school. Since opening in 1998 with 98 students, the West Croydon college has grown to approximately 604 students this year, from kindergarten to Year 12, and students come from all corners of the metropolitan area, including Murray Bridge. The college is managed by the Australian Federation of Islamic Councils and, in addition to subjects covered by the SACCSA framework, offers Arabic and Quranic Studies. For more information about the Islamic College of South Australia, visit www.icosa.sa.edu.au Ms Julia Abdelale, Principal, Ms Vanessa Genrich, Ms Dimi Galantomas (Absent: Ms Janine Sutton).

EdU April 2011 IEU(SA)

Modern agreements do not require modern awards Glen Seidel Secretary It’s time for AIS schools to bite the bullet and negotiate modern enterprise agreements that enshrine the current terms and conditions codified in a range of extended or expired preserved state agreements (PSAs), memoranda of understanding(MOUs) and WorkChoices Union collective agreements. The SA Catholic Schools Enterprise Agreement 2010 is a fine example of an agreement that covers all nonmanagerial staff in one document without relinquishing the detail and specificity which had been a perfectly workable basis of the state IR system before WorkChoices and now the Fair Work Act 2009 superseded the state jurisdiction. In the process of award modernisation, two main federal awards have been written to cover employees in Australian non-government schools and preschools. The Educational Services (Teachers) Award 2010 and the Educational Services (Schools) General Staff Award 2010 describe the work of teachers and school assistants (however named), but it is important to realise that the awards do not apply to the vast majority because most are covered by enterprise agreements. The modern awards represent a lowest common denominator compromise of all teaching and non-teaching awards around the country. The wordings of familiar clauses tend to be more minimalistic. The classification structures are more complex and onerous, making translations problematic. Many familiar conditions are entirely omitted. They are not an acceptable basis for agreement-making in SA. When WorkChoices agreements hit the fan, our employers were happy to commit to the preservation of the existing state-based entitlements. Now is not the time to take our eyes off the ball and let conditions be eroded under the banner of ‘modernity’. Some aspects of the Fair Work Act 2009 are unavoidable. • T he Union will be deemed to be the representative of members. Other employees will have to decide if they are to opt out, represent themselves or join. • There are some compulsory topics for clauses, e.g. individual flexibility, consultation, grievance and dispute, but the exemplars are not compulsory. • There are some topics which cannot be included, e.g. Union right-of-entry improvements, industrial action improvements, unfair dismissal remedies, discriminatory clauses. • Clauses cannot undercut National Employment Standards (NES) as detailed in the Act. • The agreement package must leave everyone better off compared with the modern awards, as determined by the Better Off Overall Test (BOOT). • Timeframes for various stages are generally inflexible.

The most important content issue is that there is now no underpinning award to an agreement. Every award condition must be included in an agreement or it is lost – even if it was in the modern award. The desirable award conditions can either be included directly, by attaching the whole document to the body of the agreement or specifically incorporated by reference. The most satisfying and usable approach is to invest in a consolidated omnibus agreement like the Catholic EA, but there is no point re-inventing the wheel at every AIS worksite. The core conditions of the old state awards and agreements were applicable to all worksites. It would be an efficient use of time for everyone at the local level to not have to negotiate the retention of long-established core conditions. Then negotiations would focus on matters peculiar to the worksite, e.g. salary, workload, paid parental leave and payment for extra-curricular activities. It is important that Branches involve their Organisers from the earliest stages of the process. As the Union will be deemed to be the representative of members, and it will be only members who can take industrial action when approved, it is critical that as many as possible are members to provide the power at the table. Staff associations and LERG have no standing in the process and are unable to be appointed as bargaining representatives because they are not registered organisations under the Act. Members and Reps need to: • i nvolve only members in claim-formulation and consultation (non-members have chosen to exclude themselves) • contact their Organisers at the first signs of EA activity from the employer • insist on proper process and good-faith bargaining • report to their Organisers any illegal attempts by the employer to subject employees to an adverse action because of Union or industrial activity • clarify that they are acting as an IEU Branch and not the staff association • not enter into cosy ‘fire-side chats’ outside of the formal negotiating process • arrange for an Organiser to attend any meetings with the employer if uncomfortable with the power differential • not make concessions, undertakings or agreements ahead or outside of formal negotiations, and • not reveal membership names or numbers.

EdU April 2011 IEU(SA)

OHS Project

OHS Project 2007-2010 Gerry Conley Union Education Officer

Two major OHS&W conferences for IEU Reps and HSRs were also organised, including the Your Health and Safety at Work: Worth Fighting For conference in August 2008 and the Health, Safety and Building the Education Revolution conference presented in collaboration with the AEU in September 2009. Overall, 123 IEU Reps gained valuable information on topical issues. In the past three years, the IEU’s OHS&W Project has greatly improved members’ knowledge of their rights under OHS&W legislation, increased HSRs’ skills in managing risk, and trained IEU Reps to deal with topical OHS&W issues. The project commenced in August 2007 with funding from the SafeWork SA Workplace Partnership Program. At the time, the Union was aware that the majority of employees in the non-government education sector had little if any knowledge of their rights under OHS&W legislation. The project addressed this with the development of a participative training session that would inform employees of the workplace arrangements under the OHS&W legislation and encourage them to exercise their rights. The Know Your Health and Safety session has since been presented in 97 schools and approximately 2,850 employees have participated. Not all employees in these workplaces were able to attend the training, but I was able to present less formal training to employees at 72 of these schools and at 26 additional workplaces. As a result, more than 3,000 non-government school employees at 123 workplaces now know their OHS&W rights. IEU Reps play an important role in fostering Union members’ participation in consultative structures in the workplace. Because of the training made available through the project, IEU Reps know how the OHS&W legislation works in schools, the importance of having elected HSRs, how a HSR can resolve workplace OHS&W issues, and how they can encourage Union members in their schools to become involved. Through the project, 274 IEU Reps and members attended 23 general training courses and conferences which included sessions on understanding OHS&W workplace arrangements and the role of HSRs in resolving risks presented by specific hazards.

Workplace bullying and harassment is a major OHS&W issue in many non-government schools. Though efforts to address this serious issue did not commence until later in the project, a total of 31 IEU Reps participated in workplace bullying workshops. The objective of the education element of the project was to encourage employees to establish designated workgroups and elect HSRs in their schools. This has meant a cultural change for the majority of workplaces in non-government education and, while progress has been slow, the momentum is steadily growing. From a very low number of HSRs at the beginning of the project, the number has increased to 30 elected HSRs in 26 workplaces. Providing support and resources to HSRs and IEU Reps has also been an important element of the project. Information on hazards in schools and how they can be controlled has been a regular feature in IEU publications. The IEU Health and Safety Handbook, developed as part of the project, contains information on OHS&W legislation, how it works in schools, the role of the HSR; and details how to riskmanage eight specific hazards identified by HSRs and IEU Reps as those most raised by employees in schools. The handbook was officially launched at the IEU(SA) Reps and Delegates Conference on 28 February. It not only provides support for HSRs and IEU Reps but health and safety committee members and all employees in schools. Those schools who were not represented at the conference should receive their copies during Term 1, 2011. The IEU appreciates the invaluable support of the SafeWork SA Workplace Partnership Program in enabling the Union to promote the workplace objectives of the OHS&W legislation to employees who previously had minimal understanding of how it applied to them and their work. The project’s achievements mean that many nongovernment education employees and their representatives now have the awareness, skills and support to make a difference to the incidence of occupational injuries and health issues in their schools.

EdU April 2011 IEU(SA)

IEU(SA) education program March – June 2011

All courses are held between 9.15 am and 3.30 pm at the IEU office at 213 Currie Street, Adelaide, unless otherwise indicated.

For IEU Branch Representatives If you haven’t claimed any union training this year, you may be entitled to union training leave, paid for by your school. Check your enterprise agreement or contact the IEU for more information.

Introductory representatives Courses for newly elected Representatives or those still to receive training. Introductory Representatives • How the IEU works • The role of IEU Reps • Organising in the workplace Tuesday 19 April (school holidays) Monday 23 May Monday 27 June

Continuing representatives Ongoing training for existing Representatives. Workplace legislation • • • •

Industrial relations Understanding your agreement Workers compensation Occupational health and safety

Monday 18 April (school holidays)

Building union visibility • Union communications • Recruiting new members Monday 30 May

• • • • •

he role of union Reps on consultative committees T The role of employer Reps Reading and analysing your enterprise agreement Frequently asked questions about consultation, and Preparation for and participating in consultative committee meetings.

Friday 13 May Thursday 9 June

For all members Courses open to all IEU(SA) members. Information session: advanced skills teacher application 4.00 pm to 6.00 pm Wednesday 9 March Tuesday 15 March Monday 21 March

Workplace wellbeing: managing conflict at work • What causes conflict at work? • Effects of conflict on the school, those involved and other workers • Dealing with bullying behavior as an individual and as a work group 4.30 pm to 5.30 pm Thursday 28 April Thursday 2 June Wednesday 29 June

Health and Safety Representative training* SA Unions is the IEU’s preferred Safework SA-approved training provider for HSR and health and safety committee training. HSR courses for Term 2 (all in Adelaide) Level 1: Monday 9 May - Friday 13 May Monday 6 June - Friday 10 June

Health and safety committees

Workplace stressors

Thursday 5 May

• Identifying workplace stressors and their effects • Role of the IEU Rep and HSR in risk management

Occupational stress

Thursday 30 June

Level 2: Monday 23 May - Friday 27 May Monday 27 June - Friday 1 July

Thursday 2 June

Risk management and accident investigation

Members of consultative committees

Friday 3 June

All members of consultative committees in Catholic and Lutheran schools are entitled to one paid day of training on consultative committees delivered by the IEU.

* Details on how to register for SA Unions training can be found at www.saunions.org.au/hsrtraining

Consultative committees Consultative committees can be effective, interesting and worthwhile. This one-day course looks at how to make your consultative committee work for the benefit of both members and management in your school and covers:

Registration To register for any of the above courses, please contact membership officer Carly Dale on 08 8410 0122 or at register@ieusa.org.au at your earliest convenience.

EdU April 2011 IEU(SA)

Absolutely Super

Improved NGS insurance benefits Bernard O’Connor NGS Super • N ew members are able to request up to two units of additional death/disability cover (above the default cover) and additional IP cover without health evidence if this is done within 120 days of joining the fund.

Income protection and death/TPD (total and permanent disability) insurance through an industry superannuation fund provide a low-cost alternative to retail insurance policies which operate on a ‘for-profit’ model. As there are no sales commissions paid to advisers, the fund’s group life policy can be purchased at wholesale prices for the benefit of the members. As a nation, Australians are underinsured because a large number of people only think about insurance when it is too late, after an illness or accident has occurred. After negotiations with the NGS insurer, CommInsure, the fund is pleased to introduce insurance enhancements starting from 1 April. The following is a brief summary of the major improvements, but a more detailed explanation can be found in MoneyWise, which can be downloaded from the NGS website (www.ngssuper.com.au). • T he default income protection benefit will now include a 10 per cent superannuation contribution in addition to a 75 per cent salary continuance payment (assuming the member’s salary is fully insured). This will advantage members during any claim period by keeping up the super contributions. • T he default waiting period for the payment of IP insurance has been reduced from six months to three months. This is because not all members have adequate paid sick leave to wait for six months until their income protection payments begin. • G uaranteed insurability without the need for medical evidence for life events such as marriage, the birth or adoption of a child, a new mortgage for residence, divorce, death of a spouse or a child’s first day at school. For income protection this means that the member can automatically increase their cover or reduce the waiting period without medical evidence. For death/ TPD insurance, this means that a ‘trigger’ event enables them to automatically increase their level of cover.

• A one-off offer during the month of April for existing members to request up to two extra units of IP cover to reflect their salary without a full medical declaration. Please note that the standard unit for IP is now $20,000 and the default of four units covers a salary of up to $80,000 per year. Any salary over this amount will not be insured unless the member has taken out additional units. Two additional units of death/TPD above default cover without health evidence will also be available as part of the offer. • A separate option for TPD only will now be available. • F rom 1 April 2011, the weekly cost of default cover will be $3.96. This represents four units of death/TPD cover at $2.16 ($0.54 per unit) and four units of income protection cover at $1.80 per week ($0.45 per unit). NGS Super members will receive detailed information regarding the insurance improvements and an insurance fact sheet will be available on the website from 1 April 2011. Another important insurance option for NGS members to consider is fixed cover which allows a 40-year-old, for example, to keep the four units of death/TPD insurance worth $238,080 without being subject to the age-based reductions over time. It is also important to note that IP insurance for five years and to age sixty-five are options worth considering. Knowing that a percentage of salary will be paid in the case of a serious illness or accident should provide some peace of mind to those who take up the extended income protection benefits. Within the NGS insurance design, IP benefits may continue even if the member is eligible for a TPD benefit. Please feel free to contact the Call Centre on 1300 133 177 if you have any insurance-related questions. Or better yet, organise a school visit by your NGS Relationship Manager. (Important information: The information in this article is general information only and does not take into account your objectives, financial situation or needs. Before making a financial decision, please assess the appropriateness of the information to your individual circumstances, read the Product Disclosure Statement for any product you may be thinking of acquiring and consider seeking independent advice from a licensed or appropriately authorised financial adviser.)

EdU April 2011 IEU(SA)

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Consultative committees A guide for IEU(SA) Reps

Glen Seidel Secretary What is a consultative committee? Consultative committees are a feature of some enterprise agreements and the details vary. The purpose of them is to allow the people who are performing the work to have some input into how the work is performed. They generally have elected employee representatives from a range of work groups (with or without the IEU Rep being an ex-officio member) and up to an equivalent number of management representatives. The principal need not be on the committee.

How often should it meet? The most usual frequency of meetings is once per term unless the group agrees to meet more or less frequently. Employees and management are entitled to bring matters for consideration. Some EAs specify the topics to be discussed during the life of the EA and others are silent on the issue.

What should members discuss? Employees will generally caucus before a meeting (without management present) to prioritise issues and give the representatives directions. The IEU provides members with training in consultative committee representation. Check your EA for the right to access paid training leave for this purpose. Committees are not to discuss individual grievances and disputes, but this restriction doesn’t prevent an individual raising a personal issue which arises from the application of general policies and procedures. If the issue relates to a breach of an existing policy, then it is to be handled as a grievance. If the issue relates to better organising work, then the committee is empowered to deliberate on the matter even though it may only affect one person.

Consultative committees enable workers to have input into how their work is performed.

Consultative committees cannot agree to ignore or undercut enterprise agreement or national employment standards (NES) or relevant legislation conditions, but can discuss matters which aren’t covered. It is appropriate for a committee to discuss how a term is to be implemented as long as it is at least as beneficial to employees without conflicting with the requirement. It is not possible to trade off one EA entitlement for another.

The preferred option for bringing matters to the attention of management is a meeting of the school’s IEU Branch. It is also not allowable for a group (e.g. a staff meeting) to make a decision which removes the right an individual may have under an EA or the NES or other legislation.

What are a consultative committee’s rights and responsibilities? Consultative committees are only ever advisory to the principal and the principal is under no compulsion to accept the recommendations of the consultative committee. The rules for publishing minutes, decisions and responses to decisions vary from one EA to another. Committees are quite formally structured and have no deliberative power. The preferred option for bringing matters to the attention of management is the school’s IEU Branch through the Rep and a Branch meeting of members. There are no restrictions on matters which can be raised or the frequency and structure of meetings. The Rep simply takes the message from the Branch to management for a response. If the response is deemed inadequate, then more formal dispute processes can be invoked, which may ultimately need to be arbitrated by Fair Work Australia under the terms of the EA grievance process.

EdU April 2011 IEU(SA)

Waltzing Matilda and the Sunshine Harvester Factory by Hon. Reg Hamilton Fair Work Australia, 2011

Book Review Glen Seidel The case of the Sunshine Harvester Factory is seminal in the history of Australian industrial relations and Reg Hamilton, Deputy President of Fair Work Australia, is to be congratulated for producing such an accessible, thorough and, at $10, very reasonably priced educational resource. Although the target audience is Year 9 and 10 students, the material should be compulsory reading for anyone with even a passing involvement with current employment conditions. Every Union Rep and Organiser should read this to understand the culture that we inherit and pass on to subsequent generations. Australia has a rich history of workers struggling to win the conditions that most people take for granted. A court where industrial disputes could be settled, a basic minimum wage, equal pay for women and Aboriginal workers and leave entitlements for all, were not things which employers granted to workers in a fit of philanthropy. Workers fought, employers resisted and governments governed to maintain an orderly and fair society. How well the balance of power has been managed is still open to debate as the corpse of WorkChoices still twitches in its grave, but one thing is for sure: industrial rights and a social wage were not delivered pre-inscribed on stone by Moses or any other prophet.

The text aims to humanise the social and political forces at play and is a rich source of stories â&#x20AC;&#x201C; stories that a competent teacher will be able to bring alive. It contains detail necessary for scholarly integrity without losing its audience in tedious dates and facts. It will be interesting to see how the pitch of the suggested student questions will work out in reality. My chalkie days were spent imparting maths and science to secondary students, but my sense is that the student questions are a little academic for your average, marginally inclined adolescent. This is not a fatal flaw, but as a source of guided material with key concepts clearly articulated it would be a minor task for the teacher to deconstruct broader essay type questions into bite-sized, more easily digested morsels. I would imagine spending longer than a single lesson on each of the four parts, but maybe that is just because I find the history so fascinating. Is Harvester Man dead? Who was Matilda? Who cares? â&#x20AC;&#x201C; I do! And to prove it I will give one free copy of the book to the first 10 members to email me at gseidel@ieusa.org.au. Solidarity, siblings! 233 pages, RRP $10 from Fair Work Australia or free download at www.fwa.gov.au/education/

The book and the online teacher and student materials are divided into four units or lessons: 1. T he great strikes and the origins of the Commonwealth Court of Conciliation and Arbitration 2. Establishing the minimum wage 3. Equal pay for women and Aboriginal workers 4. Leave and other entitlements

EdU April 2011 IEU(SA)

Independent Education Union South Australia 213-215 Currie Street Adelaide SA 5000 Phone (08) 8410 0122 Country caller 1800 634 815 Fax (08) 8410 0282 enquiries@ieusa.org.au www.ieusa.org.au