IEUSA EdU Magazine July 2015

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EdU

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

Vol 30 Issue 2 July 2015


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Contents Secretorial Individuals, Groups and Vicarious Punishment 4 Lutheran Digest - ‘It’s Pay Back Time’ 5 Catholic EA Update Catholic Teachers Workload Research 6 Is it a Catholic school or the local 24/7 convenience store? 7 Securing Our Future Best Practice Induction and Mentoring 8 Students with Disabilities I Care. Do you? 10 Annual General Meeting AGM Minutes 11 IEU(SA) Inc & IEU(SA) Branch AGM Reports 12 Early Childhood Build Quality ECE; Not Destroy It 14 Return to Work Act 2014 Friend or foe to injured workers? 15 Play Space Learning through play and physical challenges 16 Education Reform Backpeddling on Reform 18 From the SACE Board Maximising students’ SACE success 19 IEU Statement on Asylum Seekers & Refugees 20 Marlene Maney Farewell 22 ACTU Congress Melbourne 26th-27th May 2015 23 Social Media and Work What not to do 24 Child Protection Absolutely Front and Centre 26 Equal Pay Day 27 Professional Learning Thinking outside the square 28 Schedule of IEU PL 29 Simply Super Uberrimae Fidei 30 Self Managed Super Funds 31 Paid Parental Leave Abbott Government Attacks PPL 32 Build a Better Future Domestic Violence Leave 33 Out and About Notes from Marion’s diary 34 Meet your IEU staff... Introducing Daniel Zaknic 35 ask Dorothy... Recognition of previous experience as a teacher 36 Member Survey Winners 38

ISSN 1448–3637 Published by Independent Education Union South Australia EdU is published four times a year and has a circulation of approximately 4000. Enquiries regarding circulation should be directed to the Communications Officer on (08) 8410 0122. Editorial comment is the responsibility of Glen Seidel, Secretary. Advertising Disclaimer 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. IEU(SA) Executive Members Secretary, Glen Seidel President, Jenny Gilchrist (Prince Alfred College) Vice President, Noel Karcher (Christian Brothers College) Vice President, Anthony Haskell (Saint Ignatius’ College) Treasurer, Val Reinke (Nazareth College) Priscilla Corbell (Pedare Christian College) John Coop (Rostrevor College) Michael Francis (Mercedes College) David Freeman (Walford Anglican School for Girls) Sheryl Hoffmann (Concordia College) Fil Isles (Our Lady of the Sacred Heart College)

Independent Education Union South Australia 213–215 Currie Street Adelaide SA 5000 Phone (08) 8410 0122 Fax (08) 8410 0282 enquiries@ieusa.org.au www.ieusa.org.au www.facebook.com/IEUSA www.twitter.com/IEU_SA

EdU July 2015 IEU(SA)

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Secretorial Individuals, Groups and Vicarious Punishment You know you are on the slippery slope to some sort of “ism” when you refer to another group as “they” and you are well entrenched in that “ism” when you start making decisions that negatively affect the group rather than individuals within that group. This is vicarious punishment. As a member of society, I realise I have agreed to a “social contract” whereby I agree to forego some freedoms (and/or money) for a greater good – including my own. I forego the freedom the drive on the right hand side of the road and consequently the roads are much safer for me and others. Some freedoms however are particularly sacred and should not be taken for granted. The rule of law is not available to everyone world-wide. Freedom of association is not universal. When one takes a global view, it is easy to lose sight of individuals. Our national laws are under direct challenge with trade agreements such as the proposed Trans Pacific Partnership agreement (TPP) which is to include Investor State Dispute Settlement (ISDS) provisions, which could mean that foreign-owned companies will have the power to sue the Australian Government for decisions that adversely impact on their investments in Australia. Australia could set standards and enact laws, but have these undercut if, for example, a tobacco company objected to our plain packaging laws. Professional standards for teaching, medicine or anything else could be challenged as being restrictive to a free trade in services. Asylum seekers are being treated harshly in contravention of international conventions. We have the bizarre situation where it could be a gaolable offence for a teacher to report child abuse in a detention centre, but an offence outside to not report. The death toll for family violence in Australia far outweighs the toll of other terrorist attacks in Australia, but it is the terrorist bogey-man which is being promoted as national issue #1, closely followed by gay marriage. Muslims in Australia are being classed as “they” and are being generically vilified when the true cause of legitimate concerns lies with individuals. If individuals offend, then the law should be strong enough and the resourcing of enforcement should be sufficient to bring the individuals to account through courts of law.

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It was great to see the vocal opposition of the dissident parent group to the oppressive management culture at the Islamic College of SA. Under the rule of EdU July 2015 IEU(SA)

Glen Seidel Secretary law and utilising freedom of association, dissent can be fearless and public and effective. Australia is awash with political diversions. In SA we are being asked to over-ride the rule of law in the special case of Outlaw Motor Cycle Gangs. Parliament, rather than the courts is being touted as the mechanism for restricting certain people’s freedom to associate – a freedom near and dear to the hearts of unionists. We should not so easily surrender a freedom so precious. The IEUA recently passed a motion deploring the state government’s attempt to tackle the bikie crime issue with a mass ban. It is akin to the all-too-convenient (but very unsound) practice of punishing a whole class because one cannot find the true culprit. Vicarious punishment. Unions have had their own special treatment with a Royal Commission and proposals to toughen up governance requirements in response to some illegal activity. Only trouble is, that activity is being successfully dealt with under current laws. Why would one need to add extra administrative burden and costs to Unions unless it was simply to inconvenience Unions? Vicarious punishment. Martin Niemöller, Lutheran pastor and outspoken public foe of Adolf Hitler, is perhaps best remembered for the quotation:

First they came for the Socialists, and I did not speak out— Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out— Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out— Because I was not a Jew. Then they came for me— and there was no one left to speak for me.


Lutheran Digest ‘It’s Pay Back Time’ Louise Firrell Assistant Secretary ‘Back pay’ needs to be part of a final agreement It is now thirteen months since the current Enterprise Agreement expired. In nineteen months staff in Lutheran schools have had a 1% salary increase. While the employers continue to argue as to which of the Lutheran band one salary scale compares with DECD band one steps, the bottom line is that the value of staff salaries over that time has declined in real terms because a 1% increase has not maintained salary purchasing power. Not only is the 1% increase significantly less than CPI over that time but the majority of South Australian non-government schools have seen increases of more than double that amount in that time frame. Since negotiations began at the end of February a number of working groups have been revising and drafting : •

boarding house conditions

complaints procedure

performance management – LSOs and teachers

pre-school conditions

family violence provisions

transition to retirement

consultation for major workplace change

local workload agreements

paid parental (maternity, adoption and foster carers) leave,

paid dad and partner leave

short leave (particularly in relation to catastrophic fire days or bushfire emergencies)

Fairness is fundamental to building trust between employers and employees. Fairness can be demonstrated by employers through the Enterprise Bargaining process by negotiating in a timely manner in good faith, recognising staff workloads (contact time), not being unreasonable with regard to payment of salary increases (both timely and competitive rates) and providing appropriate leave provisions to support staff manage family responsibilities (parental and other types of special leave). While the original log of claims was for a 3% increase this year on salaries and allowances, as time has continued to pass and an agreement has not been reached, employees want ‘back pay’ to be part of any new agreement. The LSA is currently refusing to consider back pay for 2014.

Most of these working groups have made good progress and have either finished or are well into the process. A number of items on the original employer log have been withdrawn by the employer for example, the increase in the number of attendance days in a year. The AST allowance was to have expired for staff in May but it has been agreed to ‘grandfather’ the allowance until salary increases over time absorb it. Sadly, but not unexpectedly, the sticking points are: • salaries •

maximum secondary contact hours EdU July 2015 IEU(SA)

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Catholic EA Update Catholic Sector Teacher Workload Research Research was conducted in the latter half of 2014 to identify pressure points in workload for teachers in South Australian Catholic schools. The project was outsourced to Dr Tony Daly from UniSA. The aim of the study was to collect data and information that would provide an evidence base for negotiations regarding remediating clauses in the 2015 South Australian Catholic Schools Enterprise Agreement.

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Responses were received from 1,197 members, with a broadly representational cross section of participants in terms of school level, time fraction, experience and gender. A number of workload concerns were highlighted by respondents, with the level of support received from the school often considered to be inadequate. Teachers’ work life balance was negatively impacted by the feeling of being rushed and having to work through lunch time and out of hours. Results showed that: • Although general levels of satisfaction with teaching and the current school were high, it is of concern that 17% of respondents were considering another career • Early career teachers did not differ significantly from their more experienced colleagues in satisfaction or workload demands • Demands for curriculum extension and other professional activities varied widely, indicating that some teachers were performing significantly higher workloads in some areas, which are possibly in breach of current limits • Secondary school teachers reported the highest demands for assessment and reporting • Middle school teachers reported high levels of assessment and reporting but higher demands on behaviour management than others • The demands of management and colleague emails increased with schooling level, yet part-time staff did not report a pro-rata reduction in demand • Parent and student email demands at middle and secondary level were significantly higher than other levels • A secondary teacher, on average, would be spending 4.2 hours a week on emails • Most teachers would work through most lunch breaks with secondary and middle school teachers highest at 3.3 days per week • Early learning centre teachers spent longer working during school holidays and on weekends, but the EdU July 2015 IEU(SA)

whole cohort spent an average of 3.8 hours on weekends • Students with special needs were a significant workload issue, with an average of 3.3 formally assessed students per class and 54% of respondents believing that the schools did not provide sufficient support • The majority of respondents did not consider school support to be sufficient to meet the demands of report writing, information technology, the National Curriculum, the International Baccalaureate or AITSL requirements • The vast majority of respondents (83%) felt rushed or pressed for time with 56% not satisfied with the balance between their work and the rest of their life • Women were more likely to report always feeling rushed Regulating aspects of teacher workload has been a consistent theme in enterprise agreement claims advanced by IEU members in Catholic and other schools. The SA Catholic Schools Enterprise Agreement currently regulates some of the more easily-quantifiable aspects, such as student contact time and other professional activities (e.g., required meetings and duties). In addition, class sizes have a benchmark rather than absolute maxima, with extra-curricular activities such as sport and cultural activities regulated with an hours and payment model. However, the unregulated aspects of teacher workload are reported anecdotally by IEU teacher members as an ongoing concern. Members have also cited a number of other areas of concern: • The intensification of communication with parents and students by email and social media • Assessing and reporting, documentation and publication of curriculum documents and assessments • Demands on time for individualisation of learning plans • Increased demands of funded and unfunded special needs students in mainstream classrooms • Implementation of National Curriculum, and demands associated with SACE and International Baccalaureate • Open days and parent social functions The full report can be accessed at http://ieusa.org. au/wp-content/uploads/2015/05/150504-IEUSA-v6teacher-workload-report.pdf


Is it a Catholic school or the local 24/7 convenience store?

The SA Catholic Schools Enterprise Agreement of 2004 was a watershed moment in the codification of teacher workload conditions. Not just in Catholic schools in South Australia but in the education industry generally. In that year South Australian Catholic teachers demanded, and eventually won, maxima for teaching and supervision time (Student Contact Time), meetings and yard duties (Other Professional Activities) together with benchmark class sizes. The reason teachers took the unprecedented step of holding a stop work meeting in late 2003 when they should have been teaching was to express their collective resolve and insist on limits because for too many a teacher’s lot had become an unsustainable one. Ten years on and responses to the IEU Catholic Teacher Workload survey and feedback to our IEU Office and Organisers reveals those 2004 parameters have done their job but are now out of date. It is undeniable there has been a significant intensification of workload, particularly within the last 5 years, brought about by changes to curriculum planning, delivery, assessment and reporting. Build that into new technologies and computer programs accessible by all members of the school community and many teachers feel Catholic schools now resemble the local 24/7 convenience store. Teachers do not shy away from change, nor the demands of their profession, but they do expect to be given TIME to do their job properly. And that in essence is what their workload claims are about. Hence the IEU, on behalf of members, has tabled the following claims related to teacher workload• A reduction in Student Contact Time by 1.5 hours per week for both primary & secondary teachers. (To match DECD figures) • A reduction in Other Professional Activities (meetings & yard duties) from 4.5 hours to 3.5 hours averaged per week. (To move closer to DECD figures) • Removal of the expectation to perform Relief Teacher lessons (As per DECD) • Major reductions in CEA commitments for Category 2 & Category 3 schools to both Tier 1 & Tier 2 requirements. • A doubling of the minimum release time provided to PORs from Grade 1 – 4. • All full time teachers in their first year of teaching given a .9 teaching load (SCT).

Frank Bernardi Industrial Officer By reducing these codified components of work it will give more time for teachers to deal with the expanding demands of unregulated work. The assertion by the employer representatives at the negotiating table that the CEO had worked with principals during the life of the current EA, at local sites, to improve the management of workload, has not been supported by any evidence from them or feedback from members. The IEU is not convinced the Employer efforts have made a significant difference, certainly not on a system wide level. In response the Employer representatives have tabled its Log of Claims. Some notable features of the Employer claims are – • All AST positions to expire at the end of the 2016 school year. • Some aspects of OPA (e.g. parent teacher interviews) for part time staff are required and not “as negotiated” • Increase primary school CEA to 8 hrs per annum • Removal of restrictions around when staff can be called upon to perform relief lessons. • Removal of restrictions around temporary appointments. • Removal of an employee’s right to declare a partial redundancy wholly redundant. • Approval required for any employment outside of school. • Early Learning Centres covered in a separate Enterprise Agreement. At the next EA meeting, of 24 July, bargaining representatives will respond to the claims tabled. After offering and giving nothing related to workload conditions in the last EA negotiations, it is hoped the Employer, through its representatives, can acknowledge the 2004 model is outdated, needs trading in and will be replaced with a more modern vehicle better suited to the demands of today’s world. It is time to recognise the workload teachers are being subjected to. It is time to respect them professionally by listening to their concerns. If not it may well be history repeats itself and it will be the resolve of members that determines the outcome of negotiations. People power speaks louder than words (and survey results) at a bargaining table. EdU July 2015 IEU(SA)

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Securing Our Future Best Practice Induction and Mentoring

Securing Our Future Conferenc e

Best Practic e Inductio n and Mento ring Keynote Sp

eakers

Mentoring for Effectiv e Teaching A. Prof Pet er Hudson Queensland University of Tec hnology Dr Suzanne Hudson Southern Cro ss Universi

ty

Over 200 people from a diverse range of backgrounds – Teachers, Principals, Heads of sectors and Academics came together to discuss and hear the latest research around, induction and mentoring at the Securing Our Future conference in Sydney.

ty of Notre

Dame

Thursday 21 and Friday 22 May 2015 8.30am - 4. 00pm UTS, Ultimo, Sydney

Early Caree r Teachers A. Prof Philip Riley Australian Catholic Univ

ersity

The Mecur e Hotel, Syd ney offers disc ounted rate s for conference delegates. Quote ‘IEU MAY2015’ Reservatio ns: 02 9217 6666 or h2073@ accor.com

Early bird reg istration by IEU memb 24

In opening the two day conference IEU NSW/ACT General Secretary John Quessy made the point that the Union has a responsibility to advocate for better conditions for early career teachers and their mentors.

April er $160 | no n-member IEU me If this becomes the practical definition ofmbwhat er $220 |mentoring non-memb $360 er $520 is in a school – eg part of performance management, it is seen as a negative experience and the teacher will be thinking ‘how can I get out of this mentoring process?’

Dr Sean Kearney from the University of Notre Dame made the case for the financial reasons for induction. Research shows that teacher turnover is very expensive ~ $12,350 per teacher (Cooper & Alvarado 2006). With the current attrition rates of beginning teachers a conservative figure would be $240 Million spent on teacher turnover, just for those in the first 5 years of their career. “Surely this would fund better induction and mentoring”.

He proposed some keywords that can assist in defining:

He went on to outline some of the criteria that his and others research showed were important for success: •

Provision of mentor – should not be imposed

pportunity for collaboration by going into other O classrooms

Structured observations of their teaching

educed teaching load and / or increased release R time

Teacher evaluation

pportunities for professional discussion between O beginning teachers

Professional support / Professional networking

Continued Professional Development

“Just because someone is an experienced / excellent teacher, it doesn’t mean that they know how to mentor. This requires specific training and time release”. Professor Philip Riley from Australian Catholic University highlighted that there are no agreed definitions for induction vs mentoring vs coaching and so the lines are often blurred.

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Understand ing Beginnin Teacher Ind g uction Dr Sean Ke arney Universi

Our practical experience would back this up with the premise of “we need to find you a mentor”, often being code for “we don’t think you are up to scratch and as part of the process of moving you aside we need to monitor you”. EdU July 2015 IEU(SA)

To register

contact Kay

la Skorupan

via email kay

la@ieu.asn

.au or www.ie

u.asn.au

Induction: What are the policies, culture and procedures of the school? Supervision: A senior staff member checking that another staff member is doing the right thing. Coaching: Attainment of goals, asking reflective questions Mentoring: A series of interactions between two or even three professionals “Standards are the baseline, but teachers should be inspired by mentors to achieve beyond these”

MENTORING

RETENTION QUALITY TEACHING IMPROVED STUDENT OUTCOMES


Tim Oosterbaan Organiser

Associate Professor Peter Hudson and Dr Suzanne Hudson ran a session that gave some practical ideas. They have developed a program called MET (Mentoring for Effective Teaching). More specific information can be found here: http://tedd.net.au/mentoring-for-effectiveteaching/

“Good teachers aren’t necessarily good mentors, but teachers can be educated to be great mentors” Dr Suzanne Hudson The final keynote speaker for the conference was Dr Neville Ellis, University of New South Wales. Dr Ellis outlined the conceptual changes as to what a mentor does: •

ot one way guidance, but conversation, discussion N and dialogue

entors do not transfer knowledge – there is a M reciprocal exchange of ideas and joint construction of knowledge

He highlighted the Co-construction model – Watkins 2002 and also summarised many of the other points made during the conference. On definitions: “Mentoring is concerned with developing the whole person and the individual while coaching is concerned with skills”. On why teachers leave: “One of the main reasons that beginning teachers report as reasons they leave the profession is lack of collegial support”. On the role of the mentor: “Important that a mentor doesn’t just model – they must unpack and made explicit what they are doing”. In addition to the keynotes there were various workshops throughout the conference that Louise and I attended. If you have a good example of how mentoring is working in your school or workplace we would love to hear your experience. Get in touch with Tim timo@ieusa.org.au

Both novices and experienced teachers learn something new EdU July 2015 IEU(SA)

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Students with Disabilities I Care . Do You? The 2014 IEU Federal Council endorsed a member campaign for the necessary additional Federal Government funds for the education of students with disabilities (SWD). In the two weeks prior to the release of the 2014 Federal Budget, IEU members lobbied Senators by sending thousands of postcards; urgently calling upon Senators to direct additional Federal Government Budget funding to students with disabilities. The IEU campaign continued with IEU members emailing MPs directly through the IEU campaign website www. educationforall.com.au/swd, urging MPs to support increased funding for these students. Follow up visits were made to targeted MPs. The Federal Government would have us believe that, for every school with a funded student with a disability, the full SWD interim loading would be received. For 2014, the SWD loading for primary and secondary students is notionally $17 244 and $22 679 respectively. However, for many schools, this SWD interim loading is to be phased in over the 6 year transitional period. Thus many Catholic and Independent schools do not even receive these amounts, inadequate as they are to meet the actual needs of the student. The fact is that in 2014 the SWD loadings for those schools below the School Resource Standard (SRS), would be less than $2,200 regardless of actual student needs. Schools who are above SRS would not receive any SWD loading for their students. Not only had the Federal Government failed to deliver on the expected increase in funding for students with disability in the 2014 Budget, they had also failed to extend the interim More Support for Students with Disability program. These funding inadequacies are a major barrier to the provision of essential resources, individual support and access to professional expertise. These are essential components in the provision of quality education to students with disabilities. The current level of funding for students with disabilities means that schools will continue to try subsidising the learning needs of students with disabilities from other sources of income. Teachers and support staff will try to “make do” with already overstretched resources and many students with disabilities will continue to be denied the quality education which is their right.

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EdU July 2015 IEU(SA)

The IEUA continues to urge the development of a framework of teaching and learning resource standards for high quality teaching and learning conditions for students with disabilities with regard to: • •

Early intervention support and programs The appropriate levels of specialist teaching and support staff • Class sizes which allow optimum teaching and learning for integrated classes • Time release for curriculum and program modification and planning, and liaising with parents and external agencies • Adequate access to health and allied health professionals & services and • Access to appropriate and relevant professional development for staff. However, all of these require resources or, in unfashionable parlance, money.

Our Students Need You


Independent Education Union SA Branch

2015 AGM Minutes Independent Education Union (SA) Inc & Independent Education Union (SA) Branch Thursday 25 June 2015, 4.30 – 5.30pm Marcellina’s Restaurant, 273 Hindley St, Adelaide

1. Welcome – President, Jenny Gilchrist, opened the meeting 2. Apologies: Motion: That the 14 apologies be accepted 3. Minutes of Previous AGM – Were adopted by Executive at 12 June 2014 meeting and published in the September 2014 EdU. That the minutes be noted. Moved B Bourne, Second A Haskell, Carried 4. Business arising from the minutes – Note that Item 5 rules changes have been made. 5. Motions on notice: Nil 6. State report – Secretary, Glen Seidel 7. F ederal report - Secretary, Glen Seidel Motion: “That the Secretary’s reports be noted” Moved D Freeman, Second N Karcher, Carried 8. T reasurer’s report – Treasurer Val Reinke Approval of 2014-15 Financial Audit and Operating Report Audited financial statements and operating report available at meeting and available on member section of www.ieusa.org.au or available on request. Motion: “That the Treasurer’s report be accepted” Moved V Reinke, Second J Coop Carried Motion “That the 2014-15 audited financial report and Operating Report be accepted” Moved V Reinke, Second J Coop Carried 9. E lection: 2x internal auditors Nominations of B Bourne & J Clune accepted from the floor and declared duly elected. 10. Election: external auditor Proposal to reappoint Australian Independent Audit Services. Motion: “That Australian Independent Audit Services be reappointed as auditors for 2015-16 financial year.” Moved V Reinke, Second M Francis, Carried 11. General Business – Nil 12. Meeting closed and refreshments served.

Jenny Gilchrist - President

Val Reinke - Treasurer

Glen Seidel - Secretary EdU July 2015 IEU(SA)

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AGM 2015 IEU(SA)Inc & IEU(SA) Branch AGM Reports IEU doesn’t blink! The last 12 months has seen some significant issues tackled by the IEU in SA. The state registered union - IEU(SA)Inc - is the body which employs staff, holds assets and generally conducts its industrial relations agenda via its transitional recognition in the federal jurisdiction. It also has the relationships with TRB, SACE, SA Unions, NGS Super, Workers Compensation and the state government generally. 2015 is shaping up to be a big year industrially with the renegotiation of the Catholic and Lutheran EAs as well as in most AIS schools. Surveys of members’ issues tend to produce very similar issues, no matter what sector or school. The results of the Catholic Teacher Workload Survey Report that we commissioned are mirrored in most other workplaces. The workload of teachers is intensifying and it is disappointing that AIS schools in particular are resisting any codification of teacher workload. School Assistant/ESO/LSO issues tend to be around clarifying classification structures and codification of responsibility for students either individually or in groups. Two high profile industrial matters have been the St Peter’s College lunch dispute and the ongoing issues at the Islamic College of SA. The St Peter’s College lunches dispute was not about food. It was about management’s attitude to genuine consultation with staff. It was about power. As much as the cost to both sides blew out when it became QCs at 20 paces, the principles at stake were strongly felt by the members and the union executive. We keep reserves for such situations and the clear message to all employers is that the IEU doesn’t blink.

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The Islamic College has been industrially problematic for some years. We have more industrial matters before courts and commissions from ICOSA than from all other schools put together. Not surprisingly we have high membership at ICOSA. Recently a significant group of parents has been very vocal in its criticism of the school board and the chairman in particular. The IEU has been supportive of that agenda as the issues raised by the parent group are the same issues that the IEU faces when dealing with the school. Both the state and federal governments are investigating EdU July 2015 IEU(SA)

Glen Seidel Secretary allegations of financial impropriety, but the necessary cultural change in governance must come from the community itself to restore ICOSA to stability. We are finding that employers are becoming much more hard-nosed about relatively minor issues and we are mounting many more unfair dismissal proceedings than ever. The allocation to legal expenses grows year by year. Members who find themselves in hot water are not necessarily the underperformers. They are generally dedicated and hard-working people who get blind-sided by allegations relating to innocuous interactions recast through a very serious lens. I cannot understand why every worksite isn’t over 75% unionised even if it is just for the industrial and legal support that anyone could need at any time.

“I cannot understand why every worksite isn’t over 75% unionised even if it is just for the industrial and legal support that anyone could need at any time” We are keen to communicate more effectively with members, non-members and the general public. A member communication survey has given us valuable insights as has the take up of a variety of issues on our Facebook page. To keep up with what the IEU is doing and saying, like us on Facebook. You don’t need to join Facebook – it can be as simple as a link in your favorites; https://www.facebook.com/ ieusa Professional learning has taken on a new focus with the TRB’s requirement for teachers to undertake 60 hours of PL over three years. Retired, casual and contract teachers in particular have difficulty accessing school based PL and have been keen to take up IEU offerings which are being expanded to include much more than the traditional “Union Reps’ Training”.


Access has been engaged to present a series of wellbeing related topics. We have addressed indigenous and Islamic understandings and Reporting Abuse & Neglect training. A set of online training modules for worksite reps has been produced under a grant through the Trade Union Education Fund.

rather than as present as a cost centre in the finances of the state entity. This will have implications for payroll tax and the complexity of financial accounting required. Financial records will need to be kept in a format which is consistent between the state branches of the IEU and will look quite different in 2 years’ time.

We have also been fortunate to have received a series of grants from the state government to further the awareness of the role of elected Health & Safety Reps and to address workplace bullying which is our most significant cause of workplace injuries. Those projects end this year and I thank Gerry Conley for leading these initiatives.

As a first step the financial year for 2017 has been altered to be from 1 January 2017 (rather than 1st of February) to align with the new financial and employment structure. This will mean that the next financial year will be 11 months long instead of 12 and after that the substantive financial reports will be in the name of the federal body.

The work of our 4 members of the TRB needs acknowledgement. David Freeman, Bernadine Bourne, Michael Francis and Anthony Haskell bring vast experience of the professional work of teachers to the deliberations of the Board in policy areas as well as in individual registration matters.

IEU(SA) Branch participates fully in the activities of the federal union - IEUA. The Industrial committee has a significant workload with the modern award review and has worked in concert with the Women’s committee on the Family Violence and Parental Leave matters before the Commission. The education committee has been dealing with curriculum and standards issues and students with disabilities funding as well as early childhood education funding, which are all having an increasing impact on practitioners. To be effective at the policy level the IEU needs to have involvement on bodies such as AITSL, but it is disappointing that there appears to be a philosophical objection to any union engagement from the federal government. The lack of federal commitment to years 5 and 6 of Gonski funding is of great concern to the IEU as is the lack of progress on funding students with disabilities.

Whilst in recognition mode, I need to acknowledge to the 13 years’ service Marlene Maney has given to the IEU executive, including a term as Vice President. Marlene has just stepped down and her shoes will be hard to fill. She has always been a strong advocate for the ESO members and not backward in coming forward when necessary. The last financial year contained a few irregular items such as the cost of the St Peters College lunch dispute and the revaluation of the Currie St property to produce a net $100k surplus and increase in net assets despite an operating loss of $160K. IEU(SA) Branch is the state branch of the federally registered IEUA. Structural changes to the relative roles of IEU(SA)Inc and IEU(SA) Branch need to be in place by 1 January 2017 because the transitional recognition under which the state entity operates will cease at 31 December 2016. Some rule changes will be required in the fullness of time.

Much of the work of the federal executive has been concentrated on transitioning from a collection of state based entities to be fully compliant with new requirements from 2017. The ACTU Congress was held in Melbourne in May. Veena Raymond from Whyalla/Port Augusta represented the IEUA on the indigenous committee for her first time and Congress passed the education policy with little substantial change.

This will mean that the employment of staff will need to be transferred to the federal entity and the finances will need to operate in the name of the federal entity EdU July 2015 IEU(SA)

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Early Childhood Build Quality Early Childhood Education; Not Destroy it The IEU has been active in making submissions to the numerous inquiries and reviews for the Early Childhood Education sector. In addition to the Productivity Commission Inquiry, the Senate Education and Employment Committee initiated two further reviews; Delivery of Quality and Affordable Early Childhood Education and Care Services and the Immediate Future of the Childcare Sector in Australia. There is also a further review into the National Partnerships for Quality Agenda for Early Childhood Education conducted by Woolcott Research and Engagement on behalf of the Federal Government and the Regulatory Impact Statement Review into the National Quality Framework. In all submissions, the IEU has repeatedly emphasised both the vital role of qualified early childhood education teachers and the need for adequate government funding for early childhood education and care In February 2015, the final report on Childcare and Early Learning by the Productivity Commission was finally released to the public by the Federal Government after a 5 month wait. The Report represented the largest review into Early Childhood Education since the 1990’s yet provided

recommendations which simply marked time for early childhood teachers, service providers, parents and children. This was a great disappointment to IEU members. The Federal Government had constrained the Productivity Commission in its terms of reference, emphasising that recommendations must be within the existing funding parameters; hence the recommendations were limited and short sighted. The sector has been operating under a cloud of uncertainty since the last Federal Budget with its limited funding. Australia’s early childhood education and care lags behind the OECD partners due to low financial investment in the sector. The OECD recommends countries spend a minimum of 1% of GDP on early learning. The OECD average is 0.7% and Australia spends 0.45% And while the Report recommends the continuation of the funding for universal access to 15 hours of pre school education provided by a qualified early childhood education teacher, issues such as the benchmark amount of funding to be provided per child, if and how subsidies are means tested, changes to family tax benefits and alterations to the state/federal funding mix would ultimately impact on the early childhood sector. The Federal Government is yet to act upon the recommendations contained within the Report, other than to consider variations to the child care rebate system. Thus this continued funding into 2016 to preschool/ kindergartens remains uncertain.

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IEU members believe that if Australia is serious about providing quality early childhood education, then more is needed than what the Productivity Commission report offers. EdU July 2015 IEU(SA)


Return to Work Act 2014 Friend or foe to injured workers? As of the 1st July 2015 the Workers Rehabilitation and Compensation Act, 1986 was replaced by the Return to Work Act, 2014 and Workcover SA has been rebadged as Return to Work SA. The purpose of the change is enshrined in the objects of the new Act, being to establish a scheme that supports workers who suffer injuries at work and that has as its primary objective to provide early intervention in respect of claims so as to ensure that actions are taken to support workers (a)

In realising the health benefits of work and

(c)

In returning to work (including, if required, after retraining); and

(b)

(d)

In recovering from injury and

In being restored to the community when return to work is not possible.

Lofty objects certainly, however as we saw with changes to the old Act, impacts are felt by injured workers through reduced entitlements to compensation. Reduced costs of premiums for employers may be attractive to business, but without an increase to resourcing for safety initiatives or requirements for the prevention of workplace injury and disease in the first place, workers will continue to be the meat in the economic sandwich. The Impact

Let’s take a look at how some of these changes will impact on you as an injured worker.

Weekly payments to injured workers (other than those who are very seriously injured), will be limited to 104 weeks of payments from the first date of incapacity.

The maximum weekly payments an injured worker may receive will be 100% of their notional weekly earnings for 52 weeks and then 80% of their notional weekly earnings for the following 52 weeks. Payment of medical and like expenses will stop 52 weeks after weekly payments have ceased. That means an extra twelve months for medicals to be paid then they also will cease. Claims in our sector

In our sector those responsible for handling claims won’t change. In the Catholic Sector, Catholic Church Insurances (CCI) will continue to administer claims and rehabilitation under the Catholic Church Endowment Society self-insured licence. Across other schools in the non-government sector (including the Lutheran sector) the employers will have

Wendy Evans Assistant Secretary nominated either Employers Mutual Limited or Gallagher Bassett to administer claims in their roles as an agent for Return to Work South Australia.

The majority of our claims are for slips, trips and falls however, the highest cost claims with the longest periods off work are for claims as a result of psychological injury.

The definition of psychological injury under the new Act has changed to be as “the significant contributing cause of the injury” from being “a substantial cause of the injury” under the old Act. That said, as we don’t have case law yet, we do not yet know how the difference between “the” and “a” will play out in reality. We should not be overly worried or concerned about opinions that I have seen recently which say that psychological injury will be harder to prove as being compensable. We should not hesitate to continue to lodge claims for psychological injury and just let the case law evolve.

The important thing is to lodge accident and incident reports as and when events happen, keep documentation and do not be discouraged from reporting student violence as it can and does have an impact of health and wellbeing. The sooner a matter is raised the sooner it can be sorted out. Generally our experience is that situations won’t get better without some changes made to the environment and circumstances. Member benefits

As a member you have access to information, assistance and representation in relation to workplace health and safety and workers compensation. This is core business for us. Do not hesitate to contact us to discuss your issues.

Notional weekly earnings

(a) Notional weekly earnings are the workers average weekly earnings or (b) Where an adjustment has been made under this act to take account of changes in the levels of earnings that is changes to workers remuneration or a change in the equipment or facilities provided or made available to the worker.

You need to be aware that Workcover SA has changed to Return to Work SA www.rtwsa.com.

EdU July 2015 IEU(SA)

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Play Space Learning through play and physical challenges

A recent edition of The Australian Journal of Teacher Education posed the question ‘are we wrapping our children in cotton wool?’ There is a significant body of evidence available to show that physical activity is an essential component of robust development and good health and a growing body of evidence supports it as being equally important for cognitive and social development. Most schools recognise the importance of incorporating time and opportunities for students to engage in both vigorous and frequent periods of physical activity but there is tension between the competing demands of an overcrowded curriculum and a focus on student safety the tension between ‘sedentary and safe or active and risky’. Providing time and opportunities is perhaps even more important in urban environments where children have even fewer opportunities outside of school to explore and interact with natural environments in social groups.

Hyndman, B and Telford A, Should Educators be ‘Wrapping School Playgrounds in Cotton Wool’ to Encourage Physical Activity? Exploring Primary and Secondary Students Voices from the Playground. Australian Journal of Teacher Education, 40(6) Children and Childhoods 1: Perspectives, Places and Practices, edited by Peter Whiteman, Katey De Gioia. Cambridge Scholars Publishing 2010 Willenberg LJ et al, Increasing school playground physical activity: a mixed methods study combining environmental measures and children’s perspectives. Journal of Science and Medicine in Sport. 2010 Mar;13(2):210-6. Playscapes - http://www.play-scapes.com/play-art/artabout-playgrounds/art-and-playgrounds-by-simon-andtom-bloor/

The school playground potentially provides the only opportunity many children have available to them to challenge themselves physically whilst interacting socially in ways that are not necessarily available through organised team sports. Fear of litigation by parents when students suffer injuries on the playground, ease of maintenance of equipment and lack of space all contribute to the sanitizing of school playgrounds and therefore limiting opportunities for physical challenges.

However the current focus on national academic performance might not be serving our children as well as a more balanced view that incorporates physical challenges into the curriculum that ‘counts’ not just academic achievement and competitive sports. The old saying, ‘a picture is worth a thousand words’, is probably true when considering the types of school playgrounds in other countries. What do the areas tell us about the value of a natural environment versus a synthetic one, space versus equipment, equipment that facilitates shared activity versus individual challenges?

Bali

References

Hyndman, B. P., Benson, A. C., & Telford, A. (2014). A Guide for Educators to Move Beyond Conventional School Playgrounds: The RE-AIM Evaluation of the Lunchtime Enjoyment Activity and Play (LEAP) Intervention. Australian Journal of Teacher Education, 39(1).

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EdU July 2015 IEU(SA)

Norway


Louise Firrell Assistant Secretary

Denmark

China

“Better a broken arm than a broken spirit.” - Lady Allen of Hurtwood, 1968

Pulteney Grammar School - Adelaide EdU July 2015 IEU(SA)

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Education Reform Backpeddling on Reform In its first 18 months in office the Abbott Government implemented two things for the education sector that did not require much thought – to maintain the inadequate funding levels for schools which the previous government introduced and extend Universal Access funding for the early childhood education sector for a further 12 months Numerous inquiries have been launched but there have been no funded commitments to the Education sector after more than half a term in government. So what has the Federal Coalition Government been up to? •

Senate Select Committee on School Funding – equity and excellence in Australian schools

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Teacher Education Ministerial Advisory Group – looking at initial teacher education • Review of the Australian Curriculum • Senate Inquiry on Effectiveness of NAPLAN • Senate Inquiry on the Immediate Future of Childcare Sector in Australia • Senate Inquiry into the Operation, Regulation and Funding of Private Vocational Education and Training Providers in Australia • Senate Inquiry into the Immediate Future of Childcare in Australia • House of Representatives Inquiry on Quality Early Childhood Education in Australia • The Productivity Inquiry into Early Learning and Childcare • Regulatory Impact Statement on National Quality Framework for Early Childhood Education and Childcare • Woolcott Inquiry into National Quality Framework • Nationally Consistent Collection of Data on SWD – to be completed in 2016 • Review of AITSL • Review of MySchool • Feasibility Study of On-line NAPLAN provision • Commission of Audit, and • Reform of Federation – the White Paper State/ Federal government responsibilities. In addition to these are the Heydon’s Royal Commission into Trade Unions, the Commission of Audit, the Fair Work Commission’s 4 year Review of Modern Awards and the Fair Work Commission’s Review of Division 4A of superannuation default fund terms. The past 18 months has resulted in nothing but an atmosphere of uncertainty for our schools and our members. This sense of uncertainty has been EdU July 2015 IEU(SA)

exacerbated by the failure of the Federal Government’s 2014 budget. In the absence of clear educational strategies and policies, the Federal Government has failed Catholic and Independent schools, Government schools, students with disabilities and early childhood education. Reform of the Federation: White Paper The previous Federal Government (Rudd/Gillard) was notable for its development of national education reforms. When the Federal Coalition Government took office, one of the first issues it faced was how to deal with the issue of heightened expectations of what would be delivered through increased funding and a national approach to education. In June 2014, the Department of the Prime Minister and Cabinet announced the COAG-agreed terms of reference for a review of the Reform of the Federation. The White Paper - Roles and Responsibilities in Education - Early Childhood and Schools issues paper, released in December 2014, indicated just how far the Federal Government intends to distance itself from school education. It spells out clearly how the Commonwealth has become a bigger player in education and how this has caused an overlapping of roles and responsibilities. The Federal Government’s position is clear in the White Paper. The “discussion points” relating to schooling highlight the areas of overlapping responsibility and point to principle of subsidiarity (responsibility should sit with the lowest level of government practicable) as the correct constitutional response. Leading questions, such as those below, provide more than a clue as to the Federal Government’s predisposition to devolving as much responsibility as possible to the States and Territories. • • •

What benefits or costs would arise from assigning full responsibility for school education to the States and Territories? Is there a national interest for Commonwealth involvement in school education? In which roles? Does the Commonwealth have a role in sustaining these or could states and territories take these on?

It appears that the Federal Government has found a politically expedient way to both wind back COAG’s national education initiatives and to reduce the Commonwealth’s education funding under the guise of constitutional revision.


From the SACE Board Maximising students’ SACE success Teachers contribute to students’ success through the senior secondary years in a multitude of ways.

They collaborate formally and informally with each other to ensure the comparability of their assessment decisions.

As well as the many facets of today’s teaching practice – varying modes of delivery, teaching to diverse student groups, providing support and guidance – teachers play a key role in monitoring student progress.

To further support the development of this expertise, the Institute of Educational Assessors (IEA) was established by the SACE Board at the start of this year. More than 1000 teachers have so far participated in one of the Institute’s two courses – the Assessment for Educators course, for whole-school development programs, and the Certified Educational Assessors course, for individual teachers.

In their work supporting teachers and schools across the state, SACE Board staff members readily acknowledge how important this monitoring is in maximising student success and SACE completion. In schools where this monitoring is particularly effective, teachers tend to engage in four key areas: •

Assessment practices

Within-school quality assurance

Data management

Communication.

Supported by school leadership teams, teachers can make a significant difference to student outcomes through each of these fields. Assessment practices The feedback loop between teachers and each of their students is at the heart of teaching and learning, as well as being the front-line in monitoring student progress. This idea is consistently reinforced by local and international research, which identifies a strong connection between quality assessment practices and student outcomes. With 70 per cent of students’ Stage 2 grades being school assessed, teachers’ expertise in making assessment decisions is also integral to the SACE model. Good assessment practice sees teachers providing timely and explicit feedback to students about their learning, and opportunities for students to reflect on their progress, and identify areas for improvement. Within-school quality assurance Good assessment practice is best supported by a diversity of quality assurance processes. Strong quality assurance cultures tend to simultaneously promote individual teacher development and collective understanding and application of standards by teams of teachers. To support quality assurance, teachers attend forums, access exemplars on the SACE website, and cross-mark with colleagues within and outside the school.

Data management Clearly, robust assessment and quality assurance practices must be underpinned by sound data management. The sophisticated management and interpretation of student data can be a powerful addition to a school’s monitoring strategy. This data management is most effective when teaching teams analyse moderation data, student achievement data, and their own teaching practices to develop improvement strategies. Strategies are documented, shared, and actioned to contribute to whole-school improvement. Communication The final element of the four monitoring strategies is communication. Teachers are the first port-of-call for communication with parents and families about students’ progress. School reports provide a milestone for students and families about the distance travelled, as well as areas to focus on during the road ahead. Within-school communications about SACE Board assessment policies and procedures are also important, as are established lines of communication around good practice and professional development. To support teachers and schools to maximise their students’ achievement in the SACE through each of these four areas, the SACE Board has put together a mini-site on the SACE website. The mini-site has a range of resources, including: •

A detailed self-review tool for schools

An example of a Student Monitoring Framework for Years 10, 11 and 12

Videos that follow three schools during various stages of implementing their student monitoring systems.

The mini-site can be found via Schools>SACE Improvement on the SACE website: sace.sa.edu.au EdU July 2015 IEU(SA)

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IEU Statement on Asylum Seekers and Refugees

The IEU deplores the current treatment of asylum-seekers by the Australian Government and condemns the Federal Government and the Opposition for failing to deal with the asylum seeker boat issue in an open, fair and honest manner.

altogether and to reform Australia’s stance on asylum seekers in line with our international obligations.

The IEU believes that the Government’s decision and legislation to resort to punishment for those fleeing persecution is wrong and misguided.

The IEU calls for:

The IEU urges all political parties and Members of Parliament to stop using policies regarding asylum seekers to foster misunderstanding, social division and distrust, and instead use it as an opportunity to get on with the job of fulfilling Australia’s commitment under the Refugee Convention to treat people humanely, process applications for asylum onshore, and promote the better treatment of asylum seekers and refugees in our region.

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The IEU calls on the Australian Government to abandon third country (off-shore processing) EdU July 2015 IEU(SA)

The IEU condemns the placement of children in detention centres. • All political parties to respect and acknowledge that neither indefinite detention nor sending asylum seekers to uncertainty in other countries can be presented as a just or credible response to the needs of people seeking refuge and protection in Australia. • All Parliamentarians to exercise leadership and reframe the national debate about refugees and asylum seekers, explaining that the majority of people who have entered Australia by boat seeking asylum have been found to need protection from persecution, and therefore


that the vulnerability of asylum seekers must be a primary consideration in any government response to people movement. • The Australian Government to immediately move to process all asylum seekers onshore. Following initial detention for preliminary health and security checks, a detention that should be capped at one month, after that, while their refugee status is being determined, they should be released into the community on conditions that will ensure that they remain available for processing and (if necessary) removal. They should be allowed to work and live in dignity. Detention beyond the initial processing should only occur in exceptional circumstances. • The Australian Government to enable Australia’s community sector to support and resettle people humanely and effectively, as an appropriate, sensitive and least expensive solution to

Australia’s humanitarian responsibilities, instead of spending substantial funds deporting people overseas and building facilities offshore. • The Australian Government to immediately comply with the Convention of the Rights of the Child, where children as asylum seekers and unaccompanied minors are entitled to have their welfare and human rights protected and their right to an education upheld. • The rejection of the Temporary Protection Visa (TPV)/ Safe Haven Enterprise Visa (SHEV) system and provide all refugees immediate access to a permanent Protection Visa (PV). Consistent with this statement, that the IEU will develop policy and communication material for Branch use with their members. Further, will write to federal political parties and independent federal parliamentarians in relation to our position. EdU July 2015 IEU(SA)

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l l e w e r a F y e n a M e n e Wendy Evans Marl Assistant Secretary It is an honour to be asked to write the farewell to Marlene Maney - Executive Member, long-term member and vocal supporter of all things Union especially all things “Education Support Officer/s”. In 2001 Marlene wrote the following statement in support of her nomination to be elected as an “ordinary member of executive” as it is termed.

Marlene Maney

Candidate Statement

ANGEE Executive (Ordinary Member)

I have been an ESO at Cardijn College for eight years and currently hold the position of Assistant to the SACE Co-ordinator and Assistant to the Vocational Education Co-ordinator. My association with the Catholic sector spans many years having previously worked within the system for eleven years before taking a three year break to experience working in the Financial sector.

With experience as an employee, and having participated as a member and subsequently Chairperson of a School Board, I believe I have an understanding of organisational duties from the perspective of both the employee and employer.

I am the ANGEE Branch Representative and Council Delegate at Cardijn College, and my support of unionism enabled me to participate in the Anna

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EdU July 2015 IEU(SA)

Stewart Memorial Project in 2000. I currently represent ANGEE on the CEO SIP Funding Committee and am a member of ANGEE’s ESO committee.

I believe that ESOs as a group do not generally promote themselves and their skills to their best advantage. As a member of ANGEE’s Executive I will endeavour to promote the diversified skills of ESOs and work to improve conditions and opportunities for ESOs across the Non-Government Sector At the Executive meeting on 21 May I was able to present a copy of the statement to her, not to remind of her of what she wrote but to demonstrate that she certainly achieved her gaols, in fact without a shadow of doubt or fear of contradiction she went above and beyond those goals. Marlene has been a strong contributor to executive deliberations, committee work and to the management committee during her term as Vice President.

While our name changed from ANGEE to IEU(SA) and Marlene’s role at Cardijn evolved, her commitment to Education Support Officers didn’t waiver. We thank her most sincerely and genuinely for her tireless work on behalf of the membership. In 2001 Marlene was elected to the position of “Ordinary member of Branch Executive”. She was anything but “Ordinary”.


ACTU CONGRESS MELBOURNE 26th May - 27th May 2015

Veena Raymond Member

Hon Tanya Plibersek MP with Veena Raymond. At the invitation of the IEU, and with permission from my school principals from Caritas and Samaritan, I was able to attend the 2015 ACTU Congress held in Melbourne at the Docklands Stadium. 800 delegates and observers representing over thirty six unions attended the congress. Delegates engaged in lively debates and discussions, with members voting toward a unified resolution for the rights of the Australian worker. The women’s only luncheon featured guest speakers the Hon. Tanya Plibersek MP, Deputy Leader of the Opposition, and Ms Rosie Batty, the 2015 Australian of the year. They talked about the issues facing women in the work force suffering from domestic abuse. Both advocating sending a strong message to employers to allow women paid family violence leave. This will empower women to seek help, while being fully supported in the work place. The “Racism: It Stops With Me” session was addressed by Eugenia Flynn a Larrikia, Chinese and Muslim woman who talked about her personal experiences of racism and her determination to counter this by proposing a resolution to the congress. The resolution included, •

identifying Aboriginal and Torres Strait Islander positions within the unions.

knowing where the union members are and identifying positions.

empowering Aboriginal and Torres Strait Islanders within the union movement.

engaging with members to recognise as Aboriginal and Torres Strait Islanders.

creating a national data base, and

using an Aboriginal and Torres Strait Islander identifier on union membership forms.

The Hon Steve Bracks AC (once Victorian Premier) chaired a panel of three prominent successful Indigenous women - Professor Larissa Behrendt professor of Law, Tanya Hosch joint campaign director of RECOGNISE, and Celeste Liddle who is the NTEU National Organiser. The panel provided delegates with an opportunity to engage with and hear their views on the Australian Constitution and the discrimitory clauses that relate to Indigenous Australians. The topics discussed were, should clauses that discriminate against people based on their race be removed and should Aboriginal and Torres Strait Islander peoples be recognised in the Constitution. The panel received an overwhelming resolution of support from the delegates. Having the opportunity to attend the ACTU Congress increased my knowledge and awareness of the wonderful work the unions provide for their members in the workforce. EdU July 2015 IEU(SA)

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Social Media and Work What not to do Belinda Miller

Like us

www.facebook.com/ieusa

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EdU July 2015 IEU(SA)


Workplace issues arising from social media use are an increasing problem for IEU members. Members have been given formal warnings and in some cases, threatened with dismissal, for their conduct on personal social media sites such as Facebook, Twitter, Instagram and messaging apps such as WhatsApp. As a result, we are often asked about what is and is not appropriate on these sites, and how a personal social networking page becomes the business of your employer. Australian courts generally consider two elements in cases of social media misconduct. Firstly, whether your conduct on Facebook can be connected back to your employer, and secondly, whether it caused damage to your employment relationship. The Fair Work Commission (FWC) has often found that conduct on your social media page can be connected to your employer. Defences such as the fact your page was private, or that you didn’t mention your employer, are not strong in the event of a disciplinary matter. In a recent case, a credit company employee’s Facebook page listed his employer as Jurassic Park and his position as a dinosaur wrangler. The employee posted damaging statements on the Facebook page of a third company that worked closely with his employer. Despite the fact he did not identify himself as an employee of his company, he could be identified through photos and his name, and the Commission found that it was reasonable for his employer to find that his conduct could damage their business interests.1 On a practical level, the fact someone has seen and complained about your conduct on social media is indication enough that your information isn’t private. The FWC has also considered factors such as whether you have colleagues or clients as friends and whether you post information about your work generally to show that your cyber conduct can be linked back to your work. The second element the FWC will consider is whether your conduct on social media was damaging to the employment relationship. This will include obvious misconduct, such as writing derogatory or inappropriate comments about your colleagues, students or your workplace. The Commission has also found that comments on social media that can be damaging to the business interests of the employer can damage the employment relationship. For example, claims that an employer was corrupt on an employee’s personal MySpace page were found to be a valid reason for termination, despite the employee not mentioning the name of the employer. This was because it could

reasonably be seen to have damaged the employer’s reputation and therefore business interests.2 This is a low threshold test – your employer doesn’t need to show that their interests were damaged, just that they could be damaged by the conduct.

For teachers and support staff in schools, this is problematic. For employees in faith-based schools, posts on your personal Facebook page which conflict with the values or ethos of the school may be sufficient grounds for a warning. This can extend to photographs that you publish on social media sites. In addition, teachers are held to a high public standard, meaning comments about funny things you have heard students say or do may be seen as inappropriate. Recent disciplinary matters the IEU has assisted on have involved humorous comments about daily life as a teacher and negative comments about a colleague made in a private Facebook chat but witnessed by a co-worker. Several cases from Queensland have focused on child protection issues arising from Facebook or social media conduct. Being ‘friends’ with students on social media has been considered an inappropriate personal relationship and may lead to a child protection investigation. This extends to former students, especially if they have only recently ceased being your student or if they are still of school age. If you choose to have a social media profile, be cautious about what you share and who you share it with. Below are some tips about how to remain cyber-savvy. •

Don’t mention your job on social media. This includes mentioning where you work, or what your role is, and includes both in the information section of your social media profile and also in the comments you make.

e careful about who you ‘friend’. Do not become B friends with students or former students. Also exercise caution in accepting colleagues or members of the school community such as parents as ‘friends’. The more people connected to the school who see your social media profile, the more likely your social media conduct will be referred back to your employer.

hink before you post. Assume that nothing you T write is private. Therefore, don’t share anything on your profile that you wouldn’t want to put in writing to your employer.

riple check your privacy settings. You should T have the strongest privacy settings available. Where possible, take additional measures such as using a variation to your name, making it more difficult for students or employers to identify you.

1

Little v Credit Corp Group Limited [2013] FWC 9642

2 Dover-Ray v Real Insurance Pty Ltd [2010] FWA 8544

Reprinted with permission of IEU NSW/ACT

EdU July 2015 IEU(SA)

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Child Protection Absolutely Front And Centre

Andrew Knott TressCox Lawyer

Across Australia enormous investments are being made at the moment in child protection issues. These will impact significantly on all persons working in occupations involving care of children. The expectations on school teachers, both in respect of their own personal conduct towards children and in respect of their response to knowledge or suspicion of inappropriate conduct by others, are rising all the time. The purpose of this article is to identify, necessarily briefly, issues of which teachers need to be aware and in respect of which they need to ensure that they are familiar with the precise obligations imposed on them. To give a brief idea of the scale of the Australian community’s investment in the issue, the Federal Government is committed to approximately $500 million of expenditure in respect of the Royal Commission into Institutional Responses to Child Abuse. When one takes account of the investment being made by others in relation to this Royal Commission, it is probably a billion dollar enterprise. New Offences Teachers need to be aware of the ever-growing list of offences created in relation to their dealings with students or other children. These involve inappropriate touching of students, inappropriate exposure of children to indecent material (whether in hard copy or in the virtual world), supplying children with alcohol, accessing child exploitation material on the internet and, in at least one State, leaving children unreasonably unsupervised. Grooming

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The critical new point of dramatic importance to teachers is that many jurisdictions have recently or will soon introduce a criminal offence involving the concept of ‘grooming’. This is an entirely legitimate concept, though it needs to be applied with care as, unfortunately, many of the activities in which groomers engage are those engaged in sometimes by teachers whose motives are entirely proper but who, in the current circumstances, are naïve about the inferences that may be drawn. The essence of the criminal offences of grooming is to do with the intention, eg. an intention to facilitate a child engaging in a sexual act. Grooming offences normally carry heavy prison sentences and will almost certainly be career ending. Grooming is an extremely serious offence. EdU July 2015 IEU(SA)

The need for teachers to have clear understanding about interactions with students that are considered appropriate is of increasing importance. Each school community should work collectively to ensure that teachers are aware of this issue and that teachers and students are protected by clear protocols as to what is or is not considered in that school community to be appropriate conduct in interacting with students, especially away from school. Notification Duties All of the inquiries which have been conducted show how vital it is that in appropriate circumstances teachers report to appropriate authorities, whether in the school or elsewhere, their knowledge or suspicion of actual or possible, or sometimes even likely, abuse of students. These obligations can arise from employer instructions, from the general duty of care or from legislation, whether child protection legislation or teacher registration legislation. The definitions of what constitutes abuse vary (which creates difficulties for teachers but is appropriate given the different contexts in which the issue arises). Similarly the obligations as to who one must report and what one must report vary. Teachers need to ensure that they make the appropriate enquiries as the obligations are imposed on them personally. Schools need to ensure that they make it clear that they welcome such enquiries, as it will be an increasingly important responsibility of teachers to ensure compliance with these obligations and to assist their teachers in doing so. Finally, what really matters is the ‘culture’. The interim report of the Royal Commission into Institutional Responses to Child Abuse has noted this. It is important for all involved not to approach child protection issues as ‘a bunch of rules’, but to be aware of the underlying rationale, namely that responsibility should be taken to ensure not only compliance with the strict technical legal obligations, but also to ensure that appropriate steps are taken if there is any reason to suspect that a student may be at risk.

Reprinted by kind permission of IEU Q-NT


Equal Pay Day Louise Firrell Assistant Secretary

The gender pay gap had been around 17% for the past 20 years, but in 2014 it climbed to 18.2%, and astonishingly it has risen even higher this year. The percentage is calculated annually by the Australian Bureau of Statistics and is based on Average Weekly Full-Time Earnings data. There’s no one cause of the gap, and no one solution. In fact most of the gap occurs because of unconscious bias. Employers don’t deliberately pay men and women differently – that is illegal; but they might recruit differently, create different position descriptions, have different expectations or promote differently depending on whether you are a male or female - without even realising it. The gap varies from country to country, but the one thing that does not vary is that the gap exists and persists despite it being ‘on the agenda’ for many years. When the United Nations proclaimed 1975 a Women’s Year, something quite unprecedented in Iceland happened. A committee with representatives from five women’s organisations in Iceland was set up to organise commemorative events. A radical women’s movement called the Red Stockings first raised the question: “Why don’t we just all go on strike?” They argued that this would be a powerful way of reminding society of the importance of their many roles, their low pay, and the low value placed on their work inside and outside the home. The action was agreed to by the committee after much debate, but only after the word ‘strike’ had been replaced with ‘a day off’. In Reykjavik an estimated 25,000 women gathered

to listen to speeches, sing and discuss matters - an amazing number considering that Iceland’s population was then 220,000. The women were from all walks of life, young and old, and their ‘day off’ did bring about heightened awareness and some improvements but the problem still exists. In 2013 Icelandic women earned on average 19.9 % less than their male colleagues. A figure that is still not dissimilar to women in other developed countries. In 2014 Australia Equal Pay Day fell on 5 September. A man, on average, earned $14,500 more than a woman, who would have to work 66 days more to earn the same amount. Data released by the Workplace Gender Equality Agency in November last year puts the wage gap across all industries and levels of management at 19.9% in 2015 - so this year Equal Pay day will be pushed out even further. References https://www.facebook.com/pages/Equal-Pay-DayAustralia/136241483117245 http://www.nordiclabourjournal.org/i-fokus/icelandback-on-its-feet/article.2014-06-12.6461720786 http://www.theguardian.com/world/2005/oct/18/ gender.uk http://www.security4women.org.au/wp-content/ uploads/20150217_MR_GenderPayGaps.pdf EdU July 2015 IEU(SA)

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Professional Learning Thinking outside the square The new PL requirements for teacher registration have had a positive effect, not only on people’s awareness of the need to undertake professional learning, but also on what constitutes valid professional learning. The change of language is also instructive as we now no longer talk of “training” or “professional development” but “learning”. It has been cynically said that teaching is the process whereby the middle-class perpetuates itself, but I prefer to think the role of a teacher involves being subversive – to challenge conventional thinking. To operate professionally a teacher needs power – the power to empower their charges. Teachers need to take control of their practices and processes. They need to be proactive and not just reactive. They need to have a spring in their step and make frequent eye contact. To not be on the front foot means there is some way to go, and professional learning contributes to this empowerment.

If the work of the teacher is a “profession” (however defined) then anything to do with that work is logically professional in nature. To present industrial and professional issues as being mutually exclusive is too convenient and frequently just a sop to middle-class niceness.

To paint industrial matters as being base and beneath the dignity of professional matters, ignores the fact that the two concepts are intertwined and inseparable. Better industrial conditions allow people the space and encouragement to be better professionally.

Professional demands placed on teachers (eg workload, differentiation, documentation and changing curriculum) all have industrial implications.

So I would encourage you to think outside the square when you are scratching to come up with 20 hours PL per year. Subject and pedagogy based PL are an obvious fit, but the IEU has expanded its member professional learning to a broader scope. IEU members who are worksite Reps or executive members are demonstrating Lead level Standard 7.2 (legislative & organisational requirements) and 7.4 (engaging with networks).

Reading our quarterly journal EdU or attending Union Reps’ training, the Reps’ conference, the AGM or participating in enterprise agreement negotiations or supporting a member with disciplinary meetings is all leadership level Standard 7.

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Our Reps training which traditionally covers matters like recruiting, dispute resolution and industrial processes EdU July 2015 IEU(SA)

Glen Seidel Secretary

is being adapted for online delivery to assist nonmetropolitan members. It will be fully rolled out when trials have finished.

Standard 4.3 (Manage challenging behavior) has been the focus of 2 sessions - one about students and the other about parents.

Standard 2.4 (Indigenous reconciliation) was addressed in a series 3 sessions on indigenous perspectives. Standard 1.3 (Diverse cultural backgrounds) was the focus of three sessions of Understanding Islam run by the Moslem Women’s Association which also covered standard 7.3 (engage with parents & carers) and 7.4 (engage with broader communities).

Personal wellbeing – bullying, drugs, depression, grief, sleep have all been covered. When people are fit and healthy they are better able to meet standard 7.1 (meet professional ethics and responsibilities) and standard 7.2 (comply with legislative requirements) namely OHSW. We target sessions for TRTs, retired teachers and casuals who have difficulty connecting with school based PL. Our TRT day in July was fully booked very early. We run sessions for graduates and final year students with school tours and “meet the principal” sessions out of which some have obtained employment. We are also running a mandatory reporting full day for this cohort.

Our second semester program isn’t finalised yet, but it will continue with sessions which were popular, and innovate into areas of need. We have shifted our focus to a greater use of external expert presenters, shorter after school events and online.

Our training is a member benefit and is generally free for members. Non-members quite frankly can fend for themselves or join. It is only by members paying their fees that we can afford to put on the professional learning and other industrial services. My message to anyone who isn’t yet a member is twofold 1.

Join and

2. Participate

and in so doing act professionally.

Adapted from presentation made to TRB Professional Learning Conference Friday 5 June 2015


IEU Professional Learning 2015 Professional learning for all IEU(SA) members

After school professional learning 4.30pm – 6.00pm at the IEU, 213 Currie St., Adelaide.

Presented by Christine Reid Tuesday 28 July Australian Curriculum: ATSI Histories and cultures: Historical Inquiry using works of art.

Tuesday 11 August Australian Curriculum: ATSI Histories and cultures: Mathematics, including understanding Seasonal calendars. Wednesday 2 September Australian Curriculum: ATSI Histories and cultures: English, including how to choose appropriate resources. Wednesday 21 October Australian Curriculum: ATSI Histories and cultures: Technology both traditional and contemporary, inlcuding using ICT to enhance learning. Tuesday 10 November E-portfolios for teachers.

Presented by Leanne Longfellow Monday 10 August Students with Diverse learning Needs: Strategies for Educators.

Monday 14 September Building Parent/School Relationships when students have learning delays. Tuesday 27 October Students with Autism: Strategies for Educators.

All Representatives - Online Training If you have not done your Reps training this year take advantage of our online modules by contacting enquiries@ieusa.org.au Two modules are currently available.

Module 1 – Organising and recruiting. & Module 2 – Representational rights and handling grievances.

WITH MORE SESSIONS TO BE ADDED IN COMING WEEKS PLEASE VISIT OUR WEBSITE www.ieusa.org.au/professional-learning-schedule-2015 To register for any of the above courses, please contact us on (08) 8410 0122 or at enquiries@ieusa.org.au at your earliest convenience. Your registration will be acknowledged soon after. Seven days prior to the course you will receive Confirmation (or otherwise) that the course will proceed as planned and Information on car parking, lunch and arranging travel (for country participants) If you do not receive this, please contact us as soon as possible. Country participants must contact the Office BEFORE making travel arrangements. All IEU(SA) training is referenced to the relevant Australian Professional Standards for Teachers (APST), where applicable, and can be used to meet the Professional Learning requirements for renewal of registration. For ESOs, training may be used for RPL for certain Certificate courses. Information on APST references and competencies will appear on your training certificate. EdU July 2015 IEU(SA)

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Simply Super Uberrimae Fidei Bernard O’Connor NGS Super This Latin term represents a cornerstone of all contracts of insurance and translates as “utmost good faith” for both parties to the contract. The concept originated in common law, but was codified in the Insurance Contracts Act 1984 and is now an implied term in every Australian contract of insurance. Interestingly, the concept of utmost good faith sits as a polar opposite to the traditional principle of contract law which is “caveat emptor” or “buyer beware”. This puts insurance contracts in a special position in relation to the body of contract law. Insurance offered through industry superannuation funds is provided via a contract between the Trustee and the Insurer and terms such as “Group Life” and “Salary Continuance” are usually used to describe such contracts. Members of the fund are the beneficiaries of these contracts and the Trustee has a legal obligation to act in the interest of members as a fiduciary. However, the contract of insurance between the Trustee and insurer contains no element of fiduciary obligation – it is simply governed by the terms and conditions of the contract. The insurer has no fiduciary obligation to the member, only a contractual duty. So the obligation of utmost good faith applies to the insurer at point of claim. If the member is covered at the time of illness or accident and the conditions of the contract are met, the insurer is bound to pay the claim according to the agreed terms. If a problem arises, it is the duty of the Trustee to pursue the claim in the interest of the member. However, if the claim is outside the terms of the contract of insurance, the Trustee has fulfilled its obligation and is not obliged to do anything further. Acceptance and payment of such a claim would mean that the other members of the Fund would be paying the claim from their accounts and the Trustee would actually be in breach of its obligation to the membership as a whole. The overriding principle here is the “sole purpose test” which requires the Trustee to provide the maximum retirement benefits to members and their dependants. However, with group contracts of insurance there are complexities that are built into the contracts, such as eligibility requirements, which are necessary for

30

EdU July 2015 IEU(SA)

the equity and overall balance for the members as a group. In short, some terms of group insurance policies are built into the contract to help keep the premiums low for all members. Eligibility requirements such as the “at work test” are particularly relevant upon joining a fund, when a merger takes place or when significant changes to the policy take place. If this requirement is not met, any claim may not be paid. The utmost good faith requirement is also significant when fund members apply for increased insurance or for any change in cover which requires filling in a form or providing information to the insurer. The applicant must answer all questions honestly and completely disclosing all material facts. If there are questions on the form, they should be read and answered under the uberrimae fides principle. A cursory answering or ticking the “no” box could result in non-payment by the insurer at time of claim. For example, in the case of a member applying for a higher level of death cover who does not disclose a pre-existing condition or who fails to answer other questions honestly may, on the face of it, receive the cover. At point of claim, or in this case, the death of the member, the insurer will be provided with a complete medical history of the deceased and may void the contract on the grounds of non-disclosure. The position of the insurer is simple – if the member had disclosed the information requested on the form, the higher level of cover would not have been provided. The contract is void and the higher level of cover will not be paid. It is important to understand how your insurance works as a member benefit provided by your fund and in utmost good faith I can tell you it is a valuable protection to have in times of need. 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 professional advice.


EdU July 2015 IEU(SA)

31


Paid Parental Leave Abbott Government Attacks PPL

The Abbott Government’s budget cuts to the Federal Paid Parental Leave Scheme are a direct attack on IEU members’ entitlements. Under its latest Budget, 80 000 new mothers across Australia will be prevented from accessing $11,500 available under the current Federal Paid Parental Leave Scheme because they work for an employer with existing paid leave schemes. This represents nearly half of all currently eligible women (47%), many of whom are IEU members.

THANK YOU TONY FOR BRINGING MY FRAUDULENT DOUBLE-DIPPING DAYS TO AN END Tony Abbott cuts paid parental leave entitlements for 47% of new mothers

IEU members are urged to sign the ACTU petition calling on Senators to vote against the Abbott Government’s savage cuts to the Federal Paid Parental Leave Scheme. What is the current Federal Paid Parental Leave Scheme? The current Federal Paid Parental Leave Scheme, introduced in 2011 by the Labor Government, provides for 18 weeks of leave at the minimum wage of $640.90 per week to primary care givers who meet the work test and receive an income of $150 000 or less a year. The Federal Paid Parental Leave Scheme was never considered as a replacement for employer paid parental leave but rather a basic scheme for parents that would be complemented by employer paid parental leave schemes. In fact, the Federal Paid Parental Leave Act 2010 states its purpose as “the financial support of this Act is intended to complement and supplement existing entitlements to paid or unpaid leave in connection with the birth or adoption of a child”. The Federal Paid Parental Leave Scheme is a vital safety net for IEU members.

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While IEU members have had many successes in negotiating paid employer parental leave, access to such paid leave varies in terms of length of leave entitlement or eligibility criteria. The Federal Paid Parental Leave Scheme supplements the negotiated employer paid leave arrangements and allows women to access the extra time necessary for proper bonding and breastfeeding as recommended by the World Health Organisation. EdU July 2015 IEU(SA)

SIGN THE PETITION The ACTU petition is located at; www.standforqld.com.au/ppl http://www.australianunions.org.au/parental_leave_ petition Authorised R Monaghan General Secretary Queensland Council of Unions Peel Street South Brisbane Q 4101

Double Dippers, Rorts and Frauds Instead of understanding this complementary nature of the Federal Paid Parental Leave Scheme, the Abbott Government has said that women who access both the federal scheme and an employer paid leave are “doubledipping”. Worse, Federal Government commentary has called the scheme a ‘rort’ and those legally accessing the scheme “frauds”.

Time to take a stand. Sign the petition IEU members are not “double-dipping” but are being double-crossed by the Abbott Government. The Senate last year protected Australians from the Coalition’s extreme budget demands. This needs to continue. IEU members are urged to sign the ACTU petition which calls upon cross bench Senators to save the Federal Paid Parental Leave Scheme by voting against the Abbott Government’s savage cuts.


, , .

WHAT IS DOMESTIC

VIOLENCE LEAVE?

Paid domestic violence leave recognises that workers experiencing domestic violence often have exhausted their personal leave entitlements and don’t have access to paid leave when they most need it.

DOMESTIC VIOLENCE LEAVE EACH WEEK ONE WOMAN Supporting them to maintain their employment DIES AS A RESULT OF and the financial stability that comes with it is DOMESTIC VIOLENCE critical to helping them get by. IN AUSTRALIA. AND MORE THAN 400,000 That’s why unions have helped to secure PEOPLE – MOSTLY WOMEN, paid domestic violence leave and workplace EXPERIENCE DOMESTIC protections for some 1.6 million workers. VIOLENCE EACH YEAR. TWO And that’s why we’re now campaigning to THIRDS OF THEM ARE IN WORK. get this right for all workers.

– CASE STUDY –

Rose had an Apprehended Violence Order (AVO) against her abusive ex-partner to keep her and her children safe. She had used up all of her personal leave. When she asked her employer for a morning off work to renew the expiring AVO she was refused and told to wait until her day off. Rose had to choose between the safety of her and her children or her job. If Rose had paid domestic violence leave, she could remain employed and keep her family safe.

Domestic violence is a social issue that must be tackled and taken seriously by all members of our community, including employers.

education, social and community services, retail, hospitality, transport, manufacturing, energy, construction, public sector and local governments.

Unions and employers have negotiated over 500 workplace agreements which provide domestic violence leave, across a wide range of industries including finance, telecommunication, health,

That covers more than 1.6 million employees. Now it’s time to extend the right to all employees.

The ACTU has filed a claim with the Fair Work Commission to get Paid Domestic Violence Leave included in all Awards. If successful, this claim will: •

Directly benefit more than 6 million workers;

Provide for 10 days paid domestic violence leave for workers to attend court appearances, medical and legal appointments and make safety and re-location arrangements.

WHY DO WE NEED

PAID DOMESTIC VIOLENCE LEAVE & PROTECTIONS AT WORK? Paid domestic violence leave and protections at work help victims of domestic violence to maintain safe and secure employment. It is a cost effective way of preventing the financial stress that workers facing domestic violence often have to deal with.

KEY FACTS Paid domestic leave prevents further harm to someone’s long term health & wellbeing.

DOMESTIC VIOLENCE COSTS THE AUSTRALIAN ECONOMY

E

$16.8 AND REDUCES THE RISK OF POVERTY & HOMELESSNESS.

BILLION EACH YEAR.

TH

MORE THAN

400,000 PEOPLE

Paid domestic violence leave sends a strong message to the community.

THAT VIOLENCE AGAINST WOMEN IS UNACCEPTABLE

experience domestic violence each year (mostly women)

Authorised by Dave Oliver, ACTU Secretary, 365 Queen Street Melbourne 3000 ACTU. D No. 34/2015

EdU July 2015 IEU(SA)

33


Out and about Notes from Marion’s diary Marion Ryan Growth Organiser

Early Learning Centre Visits

Coffee and Muffin Van

The year seems to be flying and it has been good to get to many schools already this year.

Professional Learning days are a nice way for us at the IEU to say ‘thank-you’ to our members and also have a positive, yet casual school visit. So far this year we have had the Coffee and Muffin van at St. Ignatius Senior School, Kildare College, St Martin de Porres and Pembroke.

A focus for us at the IEU in 2015 is to visit the ELCs as well as the Goodstart Early Learning Centres. As we know, the ELCs are becoming more ‘educational sites’ and have to employ at least one teacher in each site. The IEU supports all staff in Non-government education institutions, in fact the IEUA is a signatory to, and covered by, the National Goodstart Enterprise Agreement that covers over 600 sites nation-wide. There are some fantastic ELCs and the staff are very welcoming despite the busy day to day hands on approach that we have come to expect from these professional centres. A new AEIOU centre has just opened in Huntfield Heights and caters specifically for children aged 2-6 years old with Autism. There are eight centres in Queensland but this is the first one in Adelaide. The centres have a maximum number of thirty students but when I visited the local centre there were ten children and the centre looked fantastic.

During the holiday break I visited staff employed in the OSHC programs as a number of these have Vacation Care programs operating during school holidays. Many schools share facilities with adjoining schools and in some sites Government and Non-Government schools share resources, facilities and in some cases specialist staff.

School visits in Term 1 As 2015 will be an Enterprise Agreement year in many Non-Government schools, we are trying to visit as many staff as possible. There are still some schools completing BER renovations. It was great to see Holy Family Catholic School’s beautiful new reception area and staff room with very modern colours and lighting.

Gerry Conley has teamed up with me on several visits to Catholic schools and Gerry brings the latest information from the Safer Schools Project. Gerry has worked for many years on all aspects of safety and has lots of knowledge about OH&S and is particularly interested in seeing all Non-Government schools having their own OH&S Rep elected.

If you would like us to visit your school on a Professional Learning day let the IEU office know. (08)8410 0122

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EdU July 2015 IEU(SA)


Meet your IEU staff... Introducing Daniel Zaknic - Communications & Systems Officer

Daniel began working with the IEU in February this year to take care of all of our communications functions – flyers, emails, SMSs, Website, Facebook, Twitter and anything else that might facilitate getting our messages and information out to you, our members. Daniel has had an interesting journey towards this role as I discovered when I invited him to share some of his story for EdU. His education outside of home was had at Sacred Heart and Christian Brothers Colleges. After leaving secondary school he completed an apprenticeship in the printing industry and worked in a range of different roles for eighteen years. He describes his career in that industry as one of ‘chasing technology’. It was during this time that he became a member of the printers’ union and began to understand the important role that unions play for workers. In seeking to keep up with the way the industry was evolving, Daniel undertook and completed a Visual Arts Diploma beginning the year that the Light Square TAFE opened. After a sojourn overseas he returned to Adelaide to a job in ‘prepress’ in which he was able to utilize his visual arts training. Now, continuing to be committed to lifelong learning he is part way through a Diploma in Internet Communications from Curtin University. Well, of course we had to ask him why he wanted to work with IEU! He said he began to realise the broader social significance of union membership as a result of conversations over time with a group of friends who were politically active and involved in education. This understanding went hand in hand with a growing awareness of social issues in general. This made the idea of working for an organisation that is not for profit and for the benefit of members very appealing. For readers interested in more social preferences he enjoys football ‘with a round ball’ ( he used to play for CBC old scholars), his favourite books are by Albert Camus, he has an ‘endless appetite’ for all kinds of music, although Blur is currently pretty high on his favourites list right now. Flat bread with garlic (flat garlic pizza) and early mornings are well down on the list!

EdU July 2015 IEU(SA)

35


If you have a question about your employment conditions that requires a prompt response, call the office on 8410 0122 and ask to speak to your school’s Organiser.

Recognition of previous experience as a teacher

Q.

Dear Dorothy,

I have come to Australia after teaching overseas for 6 years. The TRB has recognised my qualifications and I am fully registered to teach in SA. I was surprised to be told when I applied for my current position that my overseas experience did not count and that I needed to start at the bottom of the pay scale – Step 3. When talking with others I found that for some of them the school only counted half of their overseas experience and for some favored ones they counted all of it. They said they did not have to count overseas experience at all and if they did for some, that was as a consequence of negotiation. I even found one colleague who did not have 3 years’ Australian experience counted. They insisted on only paying the entry level step. When she insisted that she was not legally allowed to accept lower conditions than in the EA, they sacked her after only 3 days. That has to be illegal. Is the school correct in their interpretation? It was not my understanding of how things worked and it doesn’t seem at all fair. Sincerely Miffed

A.

Dear Miffed,

This situation is quite outrageous. Without knowing if the school’s EA has picked up the wording from the old state award (most do) or the modern award (very few do) the answer is essentially the same. OS experience counts. The modern award (cl 13.2) places new appointments on the salary scale “according to their qualifications and teaching experience”. The only conditions are that this does not include experience in TAFE or English Language Schools and for casual teachers, 200 days in Australian schools count as 1 full year experience. The old state award (S2.2.5) is even clearer. The commencing salary “recognises at least all prior teaching experience” and (S2.3.1) teachers “progress to the next incremental step after 12 months equivalent full time teaching experience wherever gained”. SA schools are generally well-accustomed to recognising all previous experience including that acquired overseas. To find one which (arguably) deliberately exploits newcomers to Australia who are not familiar with local industrial regulation is rare and abhorrent. To sack someone because they would not work for less than the EA rate is a serious matter of “adverse action” for which significant fines can be awarded by the court. If this person is a member we would gladly run her case. Employers like this need to have the errors of their ways brought forcefully to their attention. Take Care Regards,

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EdU July 2015 IEU(SA)


FOR: Education publications and websites ACTION: Connect students and schools to positive change

BUILDING A GENERATION OF SOLUTIONARIES Take action. Be part of the solution.

Across Australia schools are taking action and connecting students to their positive everyday choices for their school and our environment. Enviroweek is a fully integrated flexible and adaptable national schools event offering resources and prizes to engage and connect Aussie kids from 3-18 years. Visit www.enviroweek.org to see the Enviroweek 2015 video.

2014 IMPACT

182,312 STUDENTS

2137

SCHOOLS

315,381 ACTIONS

EDUCATORS GET: • Free-to-access How To Guides and curriculum resources for secondary, primary and early childhood.

Enviroweek’s fun and easy actions provide students with the knowledge of their positive everyday impact and how that contributes to bigger change.

• Cool Prize draws.

Students taking up the waste-free lunch action discover that in a year their packaged lunch waste fills a 240-litre wheelie bin. Multiply that by their class, school and all Enviroweek schools and the impact is both real and big.

• Youth Advisors for secondary schools.

Port Fairy Consolidated School teacher Tracey Gray said, “Students care greatly about wildlife and our planet, but feel powerless to make an impact. Enviroweek shows them they hold power for good through their choices and actions.

• A profile page to connect with others, share tips, showcase stories and photos and engage your community. • Direct links to online professional development that support the implementation of Enviroweek and are aligned to the Australian Curriculum and EYLF. • Optional: People’s Choice Awards. Top 10 Awards for student leaders, teams and educators.

ENVIROWEEK’S 14 ACTIONS

“When Enviroweek Waste Warriors measure their waste and do the maths, they learn that they have the power for positive change.” Bin it

Edible garden

HOW IT WORKS

Waste-free lunch

Gardening for biodiversity

Take action: From now to September 5 educators and students choose from 14 easy actions, create online profiles for their team, connect with other schools, share ideas and watch their impact grow.

Swap it

Garden care

Up cycle

Vertical and mobile gardens

Trash nest

Wonky veg

Switch off

Move and groove

Celebrate: For Enviroweek, August 30 - September 5, teams showcase their action, celebrate with their community and join the People’s Choice Award and the Top 10 student leaders, teams and educators.

Nature classroom Sit spot

ENVIROWEEK.ORG | COOLAUSTRALIA.ORG FOR: Education publications and websites ACTION: Connect students and schools to positive change

EdU July 2015 IEU(SA)

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! S R E WINN

The winners of the $50 gift vouchers on offer to those that filled out our member survey are:

Margaret Strickland - Endeavour College Glenda Le’Gallant - OLSHC

Kathy Hatzimanolis - Trinity College Sth Mary Telfer - Sunrise Whyalla Thanks to all who took part.

38

EdU July 2015 IEU(SA)


Educated on your mortgage? A free, fast and easy service for IEU–SA members and their families, providing mortgage solutions to suit your specific circumstances and needs, so you can save time and money. We understand that life is busy and that it is increasingly difficult to find the time to shop around banks and lenders. It can be hard to juggle family and social life with the long hours worked by teachers, and at the same time make sure you are getting the most from your mortgage. With access to over 25 lenders and hundreds of products, Union Shopper Mortgage Planners take the stress and confusion out of finding the right home loan. Members’ interests are our priority; our experience and knowledge enables us to tailor a mortgage solution to your specific needs and goals. Whilst you are busy educating, we stay educated in the mortgage market to provide you with the highest level of service possible.

Call us or apply online today to realise your dream.

Phone 1300 760 688 www.unionshoppermortgageplanners.com.au OUR VALUE IS OUR SERVICE Robyn Wood is the Mortgage Broker for Union Shopper in South Australia. As an Approved Broker with MFAA and a Licenced Credit Representative, she has access to a generous panel of lenders with hundreds of loan products. Robyn is accredited with the big 4 Banks, Homestart plus many other banks and lenders.

ROBYN WOOD Mortgage Planner Mob 0414 557 129

DAVID LANG Union Shopper Organiser Mob 0400 341 773

EdU July 2015 IEU(SA) USM0036 185x262mm IEUSA Press_FA.indd 1

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7/07/2015 7:38 pm


IT’S HARD TO BEAT THE RETURNS ON SOME INVESTMENTS.

We are a super fund. It’s our job to help build your wealth. However we believe that doing well is also about doing good. As a teacher, school or community worker, you couldn’t set a better example. So while we are proud of our track record as a high performing, low cost industry super fund, we know that’s not all you care about. You could say we’ve learnt from our 103,000 members who have dedicated their lives to helping others. We’re dedicated to educating our members and providing peace of mind. We’re invested in being responsible corporate citizens committed to helping the community and the environment. As any good superannuation fund should tell you, it’s all about giving a little to get a whole lot back. For more information visit ngssuper.com.au or call 1300 133 177.

Issued by NGS Super Pty Limited ABN 46 003 491 487 AFSL No 233 154 the Trustee of NGS Super ABN 73 549 180 515

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