EdU (October 2010) by Independent Education Union (SA)

Vol 26 Issue 3 Oct 2010

EdU

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

Contents

financial services delivered with a smile?

Secretorial – Teachers Registration Board inquiry: Let the profession regulate the profession

Winner of ME Bank tipping comp announced

National Professional Standards for Teachers

NGS Super’s Lisa Samuels wins national WIS and AIST Global Dialogue Scholarship 2010

Balancing act: work + life = balance

Conference Report – Safety in Your Hands Conference, Sydney

Industrial – Agreement-making in the current IR environment

Why join the union?

Members@Work

Arbitration counts

IEU member education program

Workplace psychopaths: How to recognise and deal with them

What’s your problem? Ask Dorothy

OHS project – Workplace bullying: Taking action

Do your best

Absolutely Super: NGS default back to double digits 20 Theatre review: Why Muriel Matters

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

Advertising Disclaimer 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 Margaret Sansom (Retired) (President)

The cyber menace: Why bullying demands a zero-tolerance approach

Unions, workers and the Church

8 flaws with free market forces

Glen Seidel (Secretary) John Blackwell (Retired) (Vice President) Jenny Gilchrist (Prince Alfred College) (Vice President) Val Reinke (Nazareth College) (Treasurer)

clichéd, yes, but

Christopher Burrows (Cardijn College) Greg Elliott (St. Peter’s College) Sheryl Hoffmann (Concordia College) Noel Karcher (Christian Brothers College) Marlene Maney (Cardijn College)

refreshingly accurate.

Stephanie Margitich (Gleeson College) Shirley Schubert (Cornerstone College)

DON’T FORGET TO ADVISE IEU(SA) IF: • You have changed address • You have changed your name • You have changed schools • Your employment status has changed (eg now working part-time)

creditunionsa.com.au 8202 7777

• You are going on unpaid leave • You are retiring or leaving employment – you can remain a member at a reduced rate • Resignation from IEU(SA) must be in writing

creditunionsa ltd | ABN 36 087 651 232 | AFSL 241066 400 King William Street Adelaide 5000

Details can be forwarded by email to carlyd@ieusa.org.au or by fax: 8410 0282 or by post.

EdU October 2010 IEU(SA)

Secretorial

Teachers Registration Board inquiry: Let the profession regulate the profession Glen Seidel Secretary

authorities and the TRB. Peter Lewis made outrageous, unsubstantiated and otherwise defamatory statements naming one of our members under parliamentary privilege in 2005. Every court and tribunal which makes decisions about intense and personal matters will have detractors claiming justice had not been done. Some of them may be right, but most won’t be, and it doesn’t mean the system is corrupt as is being portrayed to this inquiry. The South Australian Parliament is currently undertaking a review of the effectiveness of the Teachers Registration Board, asking whether it should continue to exist and, if so, whether it is appropriately structured. Written submissions have been received and oral evidence is currently being provided by stakeholders, including the IEU, to the review committee headed by the Hon C Zollo MLC. Teacher registration first appeared in SA and Queensland in the 1970s. I still remember my youthful sense of libertarian indignation at the bureaucratic interference in my personal space, but it was necessary at the time to set and maintain the professional standards to prevent underqualified people filling the teacher shortage. Teacher registration was codified as part of the Education Act 1972, but penalties for not being a fit and proper person were limited to deregistration. There were no other options for the board to reprimand, suspend or fine in cases where deregistration would have been too harsh. Child protection issues, police checks and mandatory reporting were not the prime focus of the initial system. They did not feature until the Teacher Registration & Standards Act 2004 updated registration requirements to provide a range of penalties for proven breaches of standards and conduct. Other states appear to have needed the prompt of media attention over sexual abuse revelations to devise systems of teacher registration. The current inquiry into the board’s effectiveness has it genesis in the inability of a group of parents who refuse to accept that allegations, which arose in 2002, had not been properly dealt with by SAPOL, child protection

Members of the TRB are appointed by the Governor and eight of the 16 members must be registered teachers; five of whom must be practicing teachers. Employers, universities, a lawyer, a parent and a chair complement the five teachers nominated by the AEU and two by the IEU. Whilst the IEU nominates two members and two deputies to the board of 16, we do also represent members facing investigations and inquiries into allegations which come to the registrar’s notice from sources including schools, police and the public. Potential conflicts of interest are scrupulously managed by IEU representatives. Any suggestion that teachers cannot objectively judge other teachers is offensive. My experience in curriculum development and professional standards, including registration matters, is that teachers tend to approach matters with a desire to design perfect, all-encompassing systems which are more likely to be unrealistically onerous than ‘soft’ on their own. In recent years, in my industrial role, I have supported members before the TRB and can personally attest to the seriousness and thoroughness of investigations and hearings. Investigators are generally ex-police officers. The registrar uses Crown Law for legal advice and to present the registrar’s case to hearings conducted in a formal, courtlike setting. Teachers have the right to legal representation. Witnesses are called and evidence is given under oath. Reasons for decisions are provided and decisions published. Decisions are also appealable to the District Court.

based on fairness and natural justice, but it is a very serious process with serious career and reputational risks. The level of proof required is ‘balance of probabilities’, which is lower than ‘beyond reasonable doubt’, as used in criminal courts. The role of the TRB is not to punish but to protect the community from unsuitable teachers. So, on the lower level of proof and against different criteria, it is possible that a court may acquit a defendant in circumstances where the TRB may still deregister the teacher. Teachers who transgress or are unsuitable do not belong in the profession, but everyone, under the principles of natural justice, has a right to a fair hearing and to representation. In my advocacy role, I assist members to tell their story. The board makes its decision having heard prosecution and defence arguments. No decision of the registrar or board that I have been involved in has produced a result that I did not think reasonable. I have not ‘won’ all of them, but the profession has been the consistent winner. The TRB is not broken. For the malcontents who want a review of the new Act for perceived deficiencies in the old Act, I would say it is time to let go and accept that a thorough and expensive process found the teacher had

no case to answer. That member hasn’t necessarily received justice, either. Despite retaining registration, because of notoriety, rather than a lack of competence, there isn’t a school in Australia that will employ him. The TRB does not receive any government funding; it is totally funded by teachers’ fees. The board contains 50 per cent teachers and has access to any expertise it requires. It could be argued that employers are over-represented, as employability is quite different to registration, but for the TRB to focus predominantly on child protection and have majority parent representation, and even children and police on the board, misses the legislated Object of the Act (s4). ... to establish and maintain a teacher registration system and professional standards for teachers to safeguard the public interest in there being a teaching profession whose members are competent educators and fit and proper persons to have care of children. Fit and proper is encompassing of, but much broader than, child protection. That is why there is a separate Children’s Protection Act with its own objects and functions.

Winner of ME Bank tipping comp announced Footy tipping is part of the staple office environment in Australia. For the first time, this season ME Bank offered members of IEU(SA) the opportunity to participate in the inaugural ME Bank Football Tipping Competition for the prize of a $100 savings account with ME Bank.

After many hours spent deliberating over tips, the winner has been announced. Mel Booth (pictured), of Tenison Woods College in Mount Gambier, surprised the hot favourite, IEU(SA) training officer Gerry Conley, by pipping him at the post, finishing with an enviable total of 118 points to Gerry’s 114. The ladies featured well, too, with Kathleen Melis of St Joseph’s School, West Hindmarsh, following close behind in third. Well done to all participants. As we all know, it doesn’t matter if you win or lose, so long as you participate. Take a few moments to check out the ME Bank website at www.mebank.com.au and see the great products and rates we have on offer.

Check out the Online Savings Account*, which currently is yielding a competitive 5.60% p.a. on every dollar in the account with interest calculated daily and no Bank fees and no minimum opening deposit or balance. There is convenient 24/7 access to the account via Internet and Phone Banking along with free Phone and Internet Banking.

A letter from the TRB calling a teacher to account for allegations must not be taken lightly and advice should be sought as soon as the letter is received. The process is

*Disclaimer: Interest rates are current as at 7 September 2010 and are subject to change. Terms and conditions available on request. This is general information only and you should consider if this product is appropriate for you.

EdU October 2010 IEU(SA)

National Professional Standards for Teachers

Balancing Act Work + Life = Balance

The validation process

Bruno Sartoretto Organiser Teachers can find an explanation of the validation process and access to a survey on the Australian Institute for Teaching and School Leadership (AITSL) website at www.aitsl.edu.au/ta/go Unfortunately, none of the concerns mentioned in the August article have been placated to date and the temptation by education administrators to use these standards as a reward or punishment system remains.

Following on from the article on National Professional Standards for Teachers in the August 2010 issue of EdU, a validation process for the standards is underway. Whether you agree with them or not, the standards are on the national agenda and are progressing quickly. There is an expectation that the standards will be adopted by states and territories in the near future - as early as 2011 in some. This is a process that will shape the future professional landscape for educators, and one which ‘gives practising teachers and principals a direct say in determining the applicability and usefulness of the standards’.

The survey will ask teachers to rate each descriptor in terms of ‘appropriateness’, ‘preparedness’ and ‘development priority’. There will also be the opportunity to post comments on the standards, perhaps focusing on possible adaptations, or comments in relation to how a standard might be assessed in practice. The validation period is open to all from 8 October to 29 October. An IEU Matters flyer about the validation process, including a link to the AITSL website, has also been sent out to schools. The on-line survey should take 30 to 45 minutes to complete, and is worth the effort as these standards may have a considerable impact on your professional domain in the near future.

NGS Super’s Lisa Samuels wins national WIS and AIST Global Dialogue Scholarship 2010 Australia’s Women in Super (WIS) awarded Lisa Samuels from NGS Super a special scholarship to attend the AIST Global Dialogue in Hong Kong. The award was presented at the WIS annual general meeting, held at CMSF in March.

For the last five years her work with NGS Super has involved working with all business units of the fund and product development. Based in Adelaide, Lisa is a member of the NGS Super executive team. She is also the Adelaide chair of the Mother’s Day Classic.

“We were thrilled to give Lisa Samuels, an outstanding member of the superannuation industry, this scholarship and opportunity to benchmark the work of the industry in Australia with that of Asia and the rest of the world,” said Mavis Robertson, National Chair of Women in Super.

Louise Firrell Organiser/Educator In 2007, the South Australian Government’s strategic plan announced its aim to ‘improve the quality of life of all South Australians, through maintenance of a healthy work-life balance’. Safework SA has now developed a work-life balance strategy and the Work Life Balance Advisory Committee was established to act as an advocacy body. These initiatives are reflective of, and in response to, a growing community awareness of the need for employers to attract and maintain quality staff, improve productivity and reduce staff turnover and absenteeism. It is also recognition of the changing nature of work and families in the twenty-first century, with families having different patterns of working and caring responsibilities and a shift in public policy that aims to keep older workers in the workforce longer. Where there is conflict between the demands of work and the rest of our lives, the impact is felt by individuals in terms of their physical and mental wellbeing, and their relationships with their families and communities. It affects the individual’s capacity to engage socially and in other important ways, such as voluntary activities that contribute to social capital and personal fulfilment. The Committee for Economic Development of Australia (CEDA) recently hosted the launch of Australian Work + Life Index 2010 – How Much Should We Work (AWALI), a national survey of work-life outcomes undertaken by Professor Barbara Pocock, Natalie Skinner and Sandra Pisaniello from the University of South Australia’s Centre for Work + Life. Since 2007, the AWALI has been measuring how work affects the rest of life for employed Australians in five ways: how often work interferes with responsibilities or activities outside work, how often it restricts time with family or friends, how often it affects connections and friendships in the local community, overall satisfaction with work-life balance, and how often people feel rushed and pressed for time. It then scales each factor from 0 (the lowest work-life interference) to 100 (the highest work-life interference). In AWALI 2010, the overall score was very similar to previous years, which suggests that, despite the efforts of government initiatives, the concept of work-life balance still hasn’t gained much more traction. The report highlights the issue of too many hours of work for many employees, while a significant number are suffering from too few. It is noted that the global economic downturn did not appear to have any impact

The Women in Super scholarship gave Lisa the unique opportunity to hear how Asian countries are tackling retirement income provision and discuss the challenges of aging populations. The 2010 dialogue focussed on Australia’s relationship with Asia, in particular China, Hong Kong, Macau, Korea, Vietnam and Malaysia.

on their findings. According to Professor Pocock, ‘Despite the 2008-09 international economic downturn, and a decline in total hours worked, work-life interference has not declined. Australian GDP has continued the relatively robust growth of the past decade. However, there has been a redistribution of GDP from wages to profits, with the profit share of GDP now at a record level, in part reflecting falling unit labour costs and rising employee productivity. ‘

Seven policy proposals have been formulated as a result of the information gathered in 2010: • E mployees should have more say over working flexibly. Many work places are far from flexible and many workers are seeking more flexibility, including those who are not parents. • E fforts need to be made to prevent and reduce long working hours. The burden on working women needs to be reduced. • E fforts need to be made to redistribute unpaid work and care, and provide more flexibility in working conditions. • M ore support is required for working fathers, including more flexibility at work and ‘father-specific’ forms of leave. • W orkplaces need to develop more supportive culture, practice, management and leadership, including first-line supervision and workplace cultures that ‘walk the talk’ of flexibility and workload management. • H olidays matter. Managing workloads to ensure workers take their holidays, and increasing leave opportunities. • F uture research to develop better metrics to monitor and drive change overall.

References AWALI www.unisa.edu.au/hawkeinstitute /cwl/projects/awali.asp Safework SA www.safework.sa.gov.au/worklifebalance /wlb_home.jsp SA Strategic Plan www.saplan.org.au/

Lisa Samuels is the marketing manager at NGS Super and has worked in the superannuation industry for 15 years.

EdU October 2010 IEU(SA)

Conference report

Safety in Your Hands Conference, Sydney IEU officers Frank Bernardi and Anne Edwards, and members Brian Horan (St Francis de Sales) and Sue Bailey (Tyndale), recently attended the Safety in Your Hands Conference run by our IEU colleagues in NSW. The focus of the conference was best practice for working with students with special needs and challenging behaviours – a growing concern with the membership. In general terms, the day addressed the issue from two perspectives: the first sought to familiarise participants with the requirements of OHS&W legislation in educational settings; the second dealt with the practical application, such as managing student behaviour, with an emphasis on non-violent intervention and how and when to use physical restraint. Despite the 4 am start to get to Sydney and the very late return to Adelaide, the four attendees clearly found the conference very worthwhile.

Anne Edwards Organiser It is often said that there is a conflict between the right of all students to receive a good-quality education and the right of teachers and support staff to a safe work environment. Speaker Mary Gow, who has worked extensively in the Catholic sector and currently works in an OHS&W role, described a case in NSW which led to the education act in that state being amended. The NSW Teachers Federation prosecuted the NSW Department of Education and Training for failing to ensure the health of safety of teachers at Dover Heights High School. In this case, a suspended student with a history of violence entered the school and threatened students and teachers with a butcher’s knife. One group of students and a teacher were forced to climb the school fence and flee. Three teachers suffered post-traumatic stress disorder as a result, and one of them never worked again. The Industrial Relations Commission found that the Department of Education and Training had failed to adequately assess the risks related to this student, failed to inform teachers of these risks, and failed to implement appropriate measures to protect safety. The education act in NSW has therefore now been amended to facilitate the sharing of information between schools, where previously privacy issues restricted this.

Frank Bernardi Organiser Presenter Kathy Gillespie certainly knows her onions. Presently the senior education officer (student support) with Catholic Education (Maitland – Newcastle), she has many years experience working with children with challenging behaviours, their families and their schools in a range of settings.

All this became evident as she stepped us through the process of identifying what challenging behaviours are and how best to deal with them. After clearly stating at the outset that there is no magic bullet, Kathy described what best practice is from her experience with easily relatable examples and pragmatic responses. Moving from ordinary school and classroom settings right through to crisis behaviour and physical restraint, it was refreshing to hear real and honest examples of the types of behaviours that teachers and ESOs face in schools today. Regular nods around the room indicated that all could relate to the stories told and all could appreciate the suggested approaches. They certainly made one reflect on their current practice and offered some very constructive ideas. A personal highlight for me was the ‘laying out’ of a risk assessment done for a special needs student prior to a camp. The breakdown of each day’s activities and what would need to be done to cater for that individual was most informative. Indeed, special needs students are a key factor in the intensification of workload for teachers and ESOs. This day helped crystallize that but offered a sense of hope in the sense that we are not alone and the system is required to support us.

Brian Horan IEU rep, St Francis de Sales College I was particularly interested in what speaker Mary Gow had to say about intellectually and behaviourally challenged students, largely due to my own recent experiences. On the surface, the Catholic school policy of inclusivity when accepting enrolments gels well with Catholic philosophy, but it does present considerable challenges for those at the coal face. Integrating intellectually and behaviourally challenged students into mainstream schools puts greater pressure on teachers and their resources. So whilst school management can accept all students, do they make sure the school is adequately prepared to meet the resulting challenges?

Mary also spoke about the need for information to be shared between schools and school systems. The Catholic system in NSW, she said, waits far too long to seek outside intervention when dealing with students who display difficult behaviour, when early identification and intervention can be critical. There are certainly great parallels with how such situations are handled at the school I currently work in. The cost of employing outside professional help may be high, but probably no more so than the cost incurred by assigning ESOs and relief teachers to deal with the fallout of difficult behaviour. Surely these resources could be better utilised elsewhere and the early intervention of professional services sought. Fee-paying parents would not be at all impressed if they were to see the allocation of money towards individual students in these difficult financial times. We as a system need to look at how others have dealt with these problems in the past and hopefully we can work at getting it right in the future for the students and our fellow employees. I would like to thank the IEU for giving me the opportunity to go to this conference and I hope that what I experienced there will help my colleagues and I as we work with all the students we come across.

Sue Bailey IEU rep, Tyndale College Although the alarm clock woke me at 3.30 am, I was really looking forward to the day. Everything had been well organised by Frank and Anne – all I had to do was turn up. As I chatted to Brian on the plane, we shared some of our diverse experiences working with students with special needs. Presenter Mary Gow had a wealth of knowledge and compassion to share. She showed why documentation is vital – it is not just more paperwork! Not only is it required for legal reasons, but it helps enable the safety and wellbeing of all. Legislation has been put into place for a reason and is essential for good foundations and to enable best practice. Kathy Gillespie was an inspiration, an amazing woman with a real heart for the students she works with. I came away with some great strategies and resources, which I can hopefully use and share with others. I could identify so well with staff from other schools: same issues, just different names. As individuals shared their situations, it brought to mind many students at my own school. Everything I heard that day reinforced that everyone teachers, ESOs and union staff - is passionate about their role. We ultimately all want the same outcome: the best for students, parents and staff. What we do each day can be exhausting and frustrating, but we can make a difference. Isn’t that why we do what we do?

Left: Presenters Mary Gow and Kathy Gillespie. Below: Brian Horan, Sue Bailey, Anne Edwards, Frank Bernardi.

It is incumbent upon the employer to provide adequate emergency procedures for handling extreme behaviour, with adequate information to properly and safely manage inappropriate behaviour, and to deal with risks associated with particular students. In a recent example at my own school, the management withheld information about a difficult student in order to protect the student’s confidentiality. This seems ludicrous when you consider that teachers and ESOs deal with all manner of confidential information on a daily basis. As Mary Gow explained, it is the duty of the employer to share with staff information that is relevant to potential student-related hazards, and to consult staff in the resolution of OHS issues.

EdU October 2010 IEU(SA)

Industrial

Agreement-making in the current IR environment

Why join the union? Veena Gollan Indigenous Education Officer, Catholic Education SA

Glen Seidel Secretary As of 1 January 2010, new federal agreements • n eed to use the modern awards instead of old state awards (NAPSAs) for the ‘fairness’ test (now called the BOOT - Better Off Overall Test), and • c an no longer be able to be a variation or extension of an old preserved state agreement (PSA). The requirements are to be found in part 2 to 4 of the Fair Work Act 2009 and are summarised in a guide produced by Fair Work Australia called Making an enterprise agreement, which can be downloaded from the Fair Work Australia website (www.fwa.gov.au).

EA content

4. N egotiations must progress in ‘good faith’, which involves matters such as recognising representatives, meeting at convenient times, sharing information, giving reasons for responses, giving serious consideration to proposals, and not acting capriciously. 5. D ifficulties in bargaining can be resolved through FWA orders such as

a. m ajority support declarations if the employer refuses to bargain for an agreement

b. scope orders to determine who should be covered

• m ust not provide alternate mechanisms for unfair dismissals, industrial action or right of entry

c. b argaining orders if good-faith bargaining is not being complied with, or if bargaining is ineffective, and

• must not be unlawful, objectionable or discriminatory, and

d. protected industrial action orders to permit industrial action.

• m ay provide for union-friendly clauses, which are no longer ‘prohibited content’ as they were under Workchoices.

6. W hen negotiations have been completed and the proposed document has been checked for required content etcetera, the full document is supplied to all employees for an access period of at least seven days. The method of voting should be provided at the start of access period.

The content of an EA • must comprise matters pertaining to the employeremployee relationship

Mandatory terms Agreements must contain terms relating to the following topics, but the ‘model’ clauses provided in the Act are not mandatory. • D ispute resolution: The model clause (Schedule 6.1) incorporates a final arbitration, but subject matter for dispute is restricted to EA or National Employment Standards (NES) matters. This should be broadened to include the broader concept of industrial matters. • I ndividual flexibility clause: The model clause (Schedule 2.2) is acceptable if it includes salary sacrifice. • C onsultation clause: The model clause (Schedule 2.3) does not include notifying the union. The IEU recommends including Teachers NGS Award clause 3.1 instead.

I have seen many changes in education which would not have occurred without the important role of the union. Through my dealings with other reps and hearing their stories, I can only encourage people to join the union to gain the full benefits that membership has to offer. I am a proud Aboriginal woman of the Ngarrindjeri, Kaurna, and Boandik peoples of South Australia. I came from a small Aboriginal community called Point McLeay, which is located on the shores of Lake Alexandrina near the Murray mouth and now known by its Ngarrindjeri name of Raukkan, which means ‘ancient meeting place’. From a large family of, originally, thirteen, my first schooling started at Point McLeay Aboriginal School, which was built in 1860 and is featured on the $50 note. There are a small number of children from the community still attending the school today. My experience of school in those days was very different to what most Indigenous children experience today. There were no Indigenous teachers and ESOs to support students

who were having difficulties with their learning. At that time teachers had very little knowledge, training or understanding of Indigenous peoples’ cultures or history. As a young Aboriginal student, I did not see myself reflected in the curriculum taught by the teacher. I thought they were talking about people from another country. Teachers today are provided with culturally appropriate professional development opportunities to assist them in the teaching of Indigenous studies and perspectives to all students in their schools. Leaving school at year ten, I went out to seek employment. I had many jobs; some not so good and others that were okay. My working career in education began in 1989 with the Department of Children’s Services as an Aboriginal education worker based in the northern metropolitan schools and regional offices. In 1993, I went on to work for the Catholic Education Office 1993 with the Aboriginal Studies team, now known as the Indigenous Education Team. I have been privileged to work in an area of employment that has given me many rewards and challenges. I was able to complete my year twelve as a mature-age student and undertake other professional development. This has given me the confidence, skills and ability to successfully play a pivotal role in the support of school leaders and teachers to provide assistance to Indigenous students and their families in Catholic schools.

World Teachers’ Day

8. I f agreement is agreed, it must be signed and dated by bargaining representatives. No witnesses are required, but address and relationship of signatories are. Agreement should be lodged with FWA within 14 days of successful vote using forms available from FWA website (www.fwa.gov.au):

Friday 29 October is World Teachers’ Day, when we recognise teachers’ vital role in educating our children.

a. F orm 16: Application form is completed by one of the bargaining agents (usually the employer)

b. F orm 17: Employer completes declaration in support to approval including questions about compliance with mandatory aspects, and

Steps in agreement-making

c. F orm 18: Employees complete declaration in support of approval.

1. A greement between employer and employees to start bargaining or orders made that bargaining should commence.

9. T he union can apply to be covered by the agreement within seven days of lodgment by using Form 22.

2. E mployer issues notice of representational rights within 14 days of decision to start negotiating (FWA Regulations 2.05).

10. Agreements are effective seven days after approval by FWA.

• A coverage term describing employees covered should also be included.

I recently became the union rep for the Indigenous education officers in Catholic Education SA. Liaising with the union has helped to ensure fair and equitable outcomes in our claim for the change of title from workers to officers and, more recently, our camp allowance payment.

7. V oting must occur in an appropriate manner to ensure maximum participation (including staff on leave and part-timers) and genuine consent. No voting can take place until after 21 clear days since representational notices have been issued.

• The expiry date should be up to four years from approval.

3. B argaining representatives nominated. Union members will be deemed to be represented by their union and should not nominate anyone else unless they are rejecting union representation. Others may represent themselves, be unrepresented or appoint another person in writing to employer. There is no requirement for members to identify themselves.

The Independent Education Union commends the work of all teachers and education support staff in South Australian non-government schools and thanks its members for their commitment to their profession and each other.

IEU organisers will under normal circumstances be at the negotiating table with a team of members and provide the technical and strategic advice, research and negotiating support. Non-members will need to fend for themselves. The IEU only takes instructions from its membership.

EdU October 2010 IEU(SA)

Members@Work

Arbitration counts

Anne Edwards LM Training Specialists Adelaide LM Training Specialists in Adelaide assist newly arrived migrants and refugees to improve their English through the Adult Migrant English Program (AMEP), which is funded by the Department of Immigration and Citizenship. The program provides migrants and refugees with access up to 510 hours of English language tuition and introduces them to Australian society, culture and the workplace.

enormous issues. We teach people who have never been to school to read and write, and it is very rewarding to feel that I can make a difference to people’s lives and help them to get work.

LM Training was also involved in the planning and running of Fashion, Music and Dance in the Mall as part of Refugee Week, which raises awareness and understanding of refugees and highlights the contribution they make to our community.

“The most difficult thing is dealing with the workload. Like all teaching, the work is infinite!”

Some facts about refugees in Australia • D eveloping countries are host to four fifths of the world’s refugees • I n 2009, Australia received 6,170 asylum applications, just 1.6 per cent of the 377,160 applications received across 44 industrialised nations. Asylum applications in industrialised countries in 2009 (UNHCR, July 2010) USA

47,900

France

41,981

29,840

Sweden

24,194

Greece

15,928

Australia

6,174

• ‘ The notion that there is a flood of asylum seekers into richer countries is a myth. Despite what some populists claim, our data shows that the numbers have remained stable.’

James McAnna James’s road to LM was very different. His working life was spent in manufacturing: four years at Kelvinator and then 15 years at Mitsubishi Motors as a line worker, inspector and leading hand. “After I was made redundant at Mitsubishi, I had the luxury of being able to pause and reassess what I was capable of doing with my life. My years as a sport coach caused me to believe I had some ability to teach, so I went back to uni. I entered the graduate certificate in TESOL at Flinders and started volunteering at LM. After I completed the course, I was fortunate enough to be offered a full-time position at LM.

Arbitration is the final stage of a grievance resolution process that has progressed from the workplace to Fair Work Australia, and the final resolution of a dispute which has not occurred through informal discussions, mediation or conciliation. Workchoices enterprise agreements and extended preserved state agreements (PSAs) could not include clauses requiring arbitration of disputes. Employees (or employers) only had access to arbitration if both parties to the dispute agreed. If both parties have not been able to resolve an issue after mediation and conciliation, the likelihood of them being willing to agree to a third party hearing the case and giving directions as to the way it will be settled are unlikely. During negotiation of new agreements under the Fair Work Act 2009, many employers have resisted agreeing to arbitration as a right for either party as the final stage of their grievance processes, preferring instead to just have conciliation. They have strenuously defended this position with assurances that they would be ‘reasonable’, ‘fair’, ‘just’.

“Staff are drawn here by their commitment to interacting with this category of students. The staff at all levels work together in a supportive manner that is very satisfying.”

N High Commissioner for Refugees Antonio U Guterres, March 2010

This highlights the importance of having arbitration as a right if requested by either party in a dispute. Without it, it is likely to mean no resolution if neither party has a will to settle.

IEU Women’s Conference, Sydney Marion Ryan IEU rep, St Martin de Porres School On Friday, 20 August, I had the pleasure of attending the 2010 IEU Women’s Conference in Sydney, along with around 100 members from around Australia, and even a few exchange teachers from Canada. The theme for this year’s conference was ‘celebrating diversity and inclusion’, and the first keynote speaker was Melina Marchetta, author and IEU member. Melina has drawn extensively from her ethnic background in her writing, and most notably in her novel Looking for Alibrandi, which was later made into a successful feature film.

For more than 20 years, Anj worked in secondary schools, teaching foreign languages and English as a second language to overseas students studying the international baccalaureate. While studying her graduate diploma in TESOL (Teachers of English to Speakers of Other Languages), Anj spent her teaching practicum teaching adult migrants with a low level of literacy. She found the experience very rewarding and so applied for a job at LM Training.

Recently, a dispute at a Catholic college was referred to Fair Work Australia for conciliation. (Catholic schools are still covered by their 2006 preserved state agreement, which only provides arbitration by agreement.) The employers stated at the beginning of the conciliation conference that they were not going to consent to arbitration. This meant there was little incentive for them to settle the dispute because there was nowhere to go if conciliation was unsuccessful. As they did not agree with the basis of the dispute, they did not want to make any compromises or concessions to settle the issue; nor did they want to be directed to settle the dispute in any particular way as a result of an arbitrated decision. This meant that the dispute was not settled to anyone’s satisfaction and left many staff feeling that the employer had not acted in good faith.

Conference report

“It is immensely satisfying to be standing in front of a class full of people who are both profoundly grateful for the opportunity to learn and who are inspirational in their own right with regards to their fortitude in the face of the obstacles life has thrown at them.

Anj Foley

There were also displays from the Edmund Rice Centre promoting fair trade and with lots of samples to try. I was particularly impressed with another display called The Yarn, whose Let’s Have a Yarn with Yarn program encourages children to share their views, knowledge and experiences with others through The Yarning Circle. Capturing the ethos of Aboriginal yarning circles and incorporating wool as a medium to connect the group, each person contributes their own unique experience to create a web of knowledge.

Though she has found that Generation Y is far less concerned about being anglicised, she is more concerned about the large numbers of young people turning to social networking for a sense of belonging.

“Teaching at LM is exciting and dynamic,” Anj says. “I have the ‘world’ in my classroom – a fascinating mix of cultures and experiences in the same room. It is very humbling, in that all too often we are faced with students who have suffered torture and trauma and who are dealing with

Louise Firrell Organiser/Educator

I later attended a workshop on career-path development, which was presented by Geni Hunt from Sydney’s Catholic Education Office. This workshop turned out to be an insightful look at what we bring as teachers and support staff to our schools by reminding us that leadership is not just a role we must bow to, as we all practise it in some form or another, as we work together with students and parents.

EdU October 2010 IEU(SA)

IEU member education program The IEU’s member education program includes courses and workshops for all members, as well as courses targeted at IEU reps, HSRs, and members of consultative committees. To register for courses, email register@ ieusa.org.au or ring 8410 0122. All courses are scheduled for 9:15 am to 3:30 pm at the IEU(SA) office, 213 Currie Street, Adelaide, unless otherwise indicated.

For members of consultative committees

Safework Week

Health and Safety Representative Training

All members of consultative committees in Catholic and Lutheran schools are entitled to one paid day’s training to participate in a consultative committee course presented by the IEU.

Safe Work Week 2010 is South Australia’s major annual occupational health, safety and welfare event, offering employees and employers the opportunity to attend workshops on workplace health and safety. As part of this week, the IEU is offering three after-school workshops on health and safety issues specific to our members. These will commence at 4.30 pm and run for around an hour.

The IEU recommends SA Unions for HSR training. SA Unions is an approved Safework SA HSR training provider. All courses are held in Adelaide unless otherwise specified

Consultative committee members – Adelaide Thursday 18 November Consultative committee member – Mount Gambier and district schools To be advised

Slips, trips and falls Slips, trips and falls have always been a major cause of injuries in schools. This workshop will discuss what schools need to do to reduce the risks.

For ESO and LSO members

Tuesday 26 October

Introductory representatives - How the union works - Role of IEU reps - Organising in the workplace

Process for reclassification Friday 8 October (School holiday course)

Wednesday 29 September (school holiday course)

For all members

Violence in schools All forms of violence in schools have a dramatic impact on the health of those exposed to them. This workshop will consider potentially violent situations and how to ensure that the employer’s obligation to provide a safe workplace is met.

Monday 15 November

Workplace bullying workshops Have you experienced inappropriate behaviour at work?

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

Workplace legislation - Industrial relations - Understanding your agreement - Workers compensation - Occupational health and safety

Have you observed inappropriate behaviour at work? Find out how you can regain control when confronted with bullying behaviour at work.

Wednesday 6 October (school holiday course)

Tuesday 21 September (4.30pm – 5.30pm)

ESO/LSO representatives A course specific to reps who are ESOs or LSOs covering your role, your rights and how to build union membership among ESOs and LSOs.

Thursday 30 September (10.30am – 11.30am, school holidays)

Thursday 3 November Representing members and handling problems - Supporting members with grievances - Conflict resolution

Thursday 28 October (4.30pm – 5.30pm) Tuesday 23 November (4.30pm – 5.30pm)

Level 1 HSR courses September – December 2010. 20/9/10 – 24/9/10 18/10/10 – 22/10/10 8/11/10 – 12/11/10 6/12/10 – 10/12/10 6/12/10 – 10/12/10 (Port Lincoln) Level 2 HSR courses September – December 2010 27/9/10 – 1/10/10 27/9/10 – 1/10/10 (Port Pirie) 22/11/10 – 26/11/10 For information on how to enroll and course fees, go to www.saunions.org.au/hsrtraining

Wednesday 27 October Workplace bullying Despite legislation and school policies workplace bullying is still occurring in schools. This workshop looks at actions an individual can take to regain control when confronted with bullying behaviour and also how a group of staff can collectively support an individual’s action or plan a group approach to neutralise a bully’s behaviour. Thursday 28 October SA Unions Health and Safety Representatives Conference Hands up for Health and Safety – The active HSR conference Further information available at www.saunions.org.au Wednesday 27 October To check out other events on during Safework Week, go to the events page on the Safework SA website: www.safework.sa.gov.au

Monday 22 November 2011 Annual IEU(SA) Reps and Delegates Conference Monday 28 February Education Development Centre, Hindmarsh

EdU October 2010 IEU(SA)

Workplace psychopaths How to recognise and deal with them

What’s your problem...?

Wendy Evans Organiser, Workplace Health According to Dr Alicia Kawat’s onlineopinion, workplace psychopaths account for about three per cent of the workforce and are probably increasing as bad behaviour is rewarded. So is this the newest demon for employees? I fear so.

What do workplace psychopaths look like? One key criterion that needs to be included in any description of workplace-psychopath behaviour is a lack self knowledge. In short, and to paraphrase the Bible, ‘they know not what they do’, but it hurts just the same. This doesn’t mean that they are ignorant or unintelligent. Far from it: their actions are often highly adaptive, self-serving and intelligent. For them, the means are justified by the ends and those means include isolation, humiliation and psychological torture of ‘their’ staff or colleagues. If you can answer yes to at least five of the following behaviours, then you’ve got a workplace psychopath in your midst. 1. L ack of empathy, e.g. they use their skills to exploit, abuse and exert power without accommodating people’s situations. 2. P athological lying, e.g they have no problem lying coolly, sometimes looking like they can’t personally distinguish between fact and fiction. 3. S uperficial charm, e.g. they are perfectly able to use charm to confuse and convince their audience and are well trained verbally. 4. Extremely manipulative and cunning. 5. G randiose sense of self, e.g. they feel entitled to certain things as ‘their legitimate rights’ and create an ‘us-versus-them’ mentality. 6. Absolute lack of remorse, shame or guilt. 7. Shallow, often non-genuine emotions. 8. D ominating behaviour, e.g. they expect unconditional control and are very harsh in testing their devotees, expecting them to feel guilt for their failings. 9. N eed for stimulation, e.g. they like testing people’s reactions to bizarre rules and punishments. Verbal outbursts are normal. 10. Poor behavioural control and impulsive nature, show no concern for their impact on others. 11. Failure to accept responsibility for their own actions. More than happy to blame others.

an interactive column

Know what to do to protect yourself In his book Working with Monsters, Dr John Clarke says it is important to understand workplace psychopaths’ strategies and behaviours in order to protect yourself. One of their main strategies is to divide and conquer. They manipulate about half of those they work with. Another 20 per cent are bystanders and 30 per cent are actively cultivated as allies. Another strategy is silence and isolation. The silence will be the lack of real information or the inconsistency of the information. The isolation will look like just a chat with you, adding ‘Don’t worry about bringing a representative or support person.’ When you turn up, those that have been cultivated will be there as well. They will have been advised of your poor performance and examples of how you are undermining the efficient and effective running of the organisation and of undermining the morale of the staff. Premeditated assassination – complete with cheer squad. Don’t allow them to divide and conquer and be aware of the information and examples of isolation. Communicate with each other. Talk about what you have seen, heard and experienced. The psychopath can’t control how you think, they can’t control what you say, and they can’t control who you speak too. However, they will try, so above all, act collectively. In the end, when the pursuit of power becomes the bottom line, ethics seem pale things. Or are they really so easily sacrificed on the altar of ego? Social theorist Richard Sennett said in The Corrosion of Character that ‘character is expressed by loyalty and mutual commitment or through the pursuit of long-term goals, or by the practice of delayed gratification for the sake of a future end ... Character concerns the personal traits which we value in ourselves and for which we seek to be valued by others.’ The workplace psychopath can never share in the respect of others or naturally give esteem. It may seem old fashioned, but there is still dignity in labour; in putting in a hard day’s work and feeling good about it. For whatever reason, workplace psychopaths cut themselves off from one simple aspect of work: the fraternity and collegiality of working together. Their inadequacies may be a reason, but under no circumstances should they be accepted as an excuse for the needless pain they inflict.

12. Lack of realistic planning and a parasitic lifestyle. Often make totally unrealistic business plans and objectives for others to achieve.

Dear Dorothy, I am a part-time teacher at a Catholic school. We have staff days for the first three days of week eleven. I don’t work on Tuesdays and have a permanent commitment to babysitting my grandson, who is fourteen months old. Is the school able to enforce my attendance on this day? I am perfectly happy to come on the other days. I realise I will get paid for extra time but in this case that is not the primary objective. Anxious

Dear Anxious, Employers sometimes just look at EA clause 26.5 in isolation. This talks of ‘parttime teachers who are required to attend compulsory professional development on a day they do not normally work’. However, this clause doesn’t replace the award clause 4.3.3. Award clause 4.3.3.3 says, ‘A part-time employee can reasonably be expected to participate in all school-related activities on those days on which the employee normally works at the school and such other times as are negotiated.’ I would say that if the employer ‘requires’ your attendance, this needs to be negotiated on days you don’t normally work. The PD may be ‘compulsory’ in that all staff present or available are expected to attend, but the compulsion has to be administered with reason. There may be some staff normally present on the day who for one reason or another are not available. They will have to miss the PD. Those staff who are not normally present, but agree to attend, will be paid at the 25 per cent casual

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

rate on their proper step. Those who don’t agree to attend cannot be compelled to, especially as the award clause talks of people being reasonably required to attend. When one looks at the objectives of the EA (clause 9) and see ‘to model commitment to family’, ‘employment best practice’, ‘ethos’, ‘philosophy’, I can’t see how to intrude on your family commitments on that day would be reasonable. I would argue that it is your choice as to whether you attend (paid) or don’t attend (unpaid). Slavery has been outlawed for some time and I don’t believe the award and EA are a back-door way of bringing it back by forcing people to work when they are not contracted to. If the content of the PD is critical to your function, I am sure other arrangements can be made for you to catch up on another work day. If it is pretty generic stuff, I would argue that catching up is not even necessary. There will never be 100 per cent attendance at meetings etc. I would have thought a simple ‘Sorry, I can’t attend Tuesday because of my longstanding babysitting commitment’ would have been enough. Dorothy.

TEACHERS RENEWAL OF REGISTRATION If your registration expires in January 2011 you must lodge an application to renew your registration by 31 DECEMBER 2010. An application to renew your registration will be sent by post in mid October 2010. The onus is on you to renew your registration by the due date. Please contact the Teachers Registration Board if you have not received an application to renew your registration by early November 2010. Non receipt of an application to renew registration is not an excuse for allowing your registration to expire.

Change of address and/or name

Remember to notify the Board in writing of any change of address and provide certified documentation if you have changed your name. PO Box 3649, Rundle Mall SA 5000 Email: renewal@trb.sa.edu.au

EdU October 2010 IEU(SA)

Tel: (08) 8226 8811 Website: www.trb.sa.edu.au

OHS Project

Workplace bullying: Taking action Gerry Conley OHS Project Officer reacting’, planting self-doubt in the mind of the victim and lessening any inclination to report the behaviour. A bully can target one individual at a time while being cordial and deferential to other staff. Other reasons for not reporting are the time needed to prove a case, which could have uncertain results, and, in many cases, a lack of the bullying target’s ability to take action.

Many schools have workplace bullying policies and procedures in place that recognise bullying as inappropriate behaviour. They generally include a strong statement that bullying will not be tolerated and provide guidelines on what constitutes bullying behaviour and a complaints procedure. In the edited version of her paper, Teachers and Workplace Bullying, which appears in the April 2010 edition of Teacher, Dr Joan Squelch says that ‘while policies are an important tool for risk management...on their own [they] are seldom adequate to deal with bullying; relying on people to simply read and comply with policies is unlikely to reduce or prevent bullying’. Those who are bullies can always explain their behaviour by referring it back onto the victim(s): ’it’s just a personality clash’, he/she has an ‘attitude problem’, he/she ‘is too sensitive’ or ‘is being paranoid’. Squelch claims that it is also important to distinguish between management style and bullying behaviour. ‘It’s easy to dismiss negative and harmful behaviour as robust or strong management rather than bullying and it can be difficult for some to recognise that there can be a fine line between strong management and bullying.’ In many cases, bullying goes unreported. Despite policy guidelines, victims are often unsure about how to report it, particularly if the bully is in a position of power and authority. There is often the fear that they will be further victimised and nothing will be done to resolve it. Another problem is that people fail to recognise bullying, especially the less obvious and covert forms. For example, the dripping-water torture effect, where the bullying is subtle, persistent and slowly builds over time, barely noticed or perhaps even ignored by other staff but with a devastating outcome for the victim. When the victim raises the issue with work colleagues, they may get responses similar to ‘ignore it and it will go away’, or ’I think you’re over-

It is important to recognise as early as possible that bullying is occurring and to communicate that what is happening is bullying. Some behaviours are easy to identify as unacceptable: • repeatedly shouting at staff • persistent criticism, or • spontaneous rages over trivial matters However, the more subtle, covert actions are less obvious, but when repeated, and deliberate, are just as unacceptable: • • • •

being repeatedly told off for not completing tasks having phone calls and emails checked being monitored repeatedly or without warning, or being excluded, without explanation, from meetings you previously would have attended,

There are a range of steps individuals can use to counter bullying behaviour and the first of these is to regain control and then plan for action. It is essential that a victim acknowledges that they are not at fault, that they are not alone and cannot handle it on their own. The IEU rep and health and safety rep can assist in providing advice and information needed to take action. Bullying targets should keep a diary of the behaviour, including the number, regularity and pattern of incidents, plus copies of any emails and memos. They should also build a support network at school, at home and with close friends. These steps are vital when it comes to actually taking action and reporting the behaviour. Recognising and communicating that what we are dealing with is bullying – that is, naming it – has power. The IEU has developed a one-hour workshop focussed on dealing with workplace bullying. It looks at the actions an individual can take to regain control when confronted with bullying behaviour and also how a group can collectively support an individual’s action or plan a group approach to neutralise a workplace bully’s behaviour. If you are interested in participating, or want more information on the workshops, contact me at the IEU or email me at gerryc@ieusa.org.au

EdU October 2010 IEU(SA)

Do your best Dr Linda McIver This morning I picked a fight with my six-year-old, Chloe. I didn’t set out to fight, of course, but she was really pushing my buttons. Her claim that she had finished her writing homework was giving me some trouble, as her ‘story’ consisted of a single sentence. When I pointed out that she hadn’t actually written a story, she wailed “but we don’t have to, Mum!” After a brief tussle over the difference between best and quickest, I gave up and stormed out, muttering despairingly to her father, “She’s just like me. I always did the bare minimum at school.” I spent a few minutes in gloomy reflection, remembering the endless battles between my parents and I throughout my childhood. The house was often full of the wild battle cry that still echoes around my skull: “You can do better than this!” Suddenly, I stopped. These days I have a PhD, a wonderful family, work that both enthralls and fulfils me, and the finest network of friends I could wish for. It could be argued that doing the bare minimum didn’t actually do me a serious disservice. It was then that I took the leap into full-on heresy: could it be that the mantra ‘always do your best’ is actually really bad advice? After all, there are some areas where most people would agree that near enough is good enough. Few of us believe we must do our best to line up the rubbish inside the bin in neat rows. As long as it fits, who cares? Long ago, when I was a sales assistant at a department store, I was carefully wrapping a wedding present for a guest who was already late to the wedding. He didn’t want my best wrapping, he wanted it fast. Being a control freak, I found it incredibly difficult to do a sloppy job, and in the end he grabbed the tape in frustration, slapped some on the other end of the parcel and left at a dead run. Although I loved to wrap things beautifully, complete with hidden tape, that was one situation where my best was not only not required, it was completely out of place. When I was a lecturer at university, teaching first-years the glories of computer science, we used to talk about a certain type of student – usually science engineers – who would calculate precisely how much each prac session was

worth, and how many marks they needed to get to pass the subject. They would then do exactly the right amount of work to get their pass, and stop. At the time this was a source of some despair among the staff, high-minded academics that we were. Now, though, I see this more as a rational, intelligent strategy for getting the most out of life, which is, after all, about more than perfect marks and endless study. Realistically, it’s doing the bare minimum sometimes that allows me time to play with my kids, to sit down and read a book occasionally, and to stop and smell the roses. Yet the rhetoric I throw at Chloe regularly implies that if she’s not doing her best, she’s not doing enough. Obviously, we don’t want Chloe to produce sloppy work all the time, and we want her to achieve her full potential. But now I wonder whether badgering her to do her best every time is actually counter-productive. Perhaps we would do better encouraging her to determine for herself the right level of effort in different situations. Clearly there are some situations that demand the best, and some where it is wasted. The trick lies in learning to tell the difference. Just as permanent perfection is an impossible dream, we can’t give 100 per cent 24/7. Physically and psychologically, we simply have to have downtime, low periods, times when we don’t give everything we’ve got – otherwise we wind up running on empty. I am starting to suspect that one of the most important skills we can teach our kids is how to prioritise; how to decide when a little slacking off is fine, and when to pull out all the stops. Above all, I need to stop telling Chloe that she has to do her best all the time, because either she will fail and feel perpetually guilty, or she will burn herself out trying. Either way, that’s not something I want for my daughter. It’s clearly time to retrain myself. It won’t be easy, but this is one time when I’ll definitely do my best. Copyright © Linda McIver

mciverconsulting@gmail.com Visit Dr Linda McIver’s blog at www.lindamciver.wordpress.com

EdU October 2010 IEU(SA)

Absolutely Super

most individuals to meet their retirement savings goals.’ Their highest rating of 110 (‘premium performer in this area’) was awarded to NGS for investment, insurance, advice and education as well as fund governance. For more information on the platinum rating awarded to NGS Super, see the SuperRatings website at www.superratings.com.au or check out the NGS website at www.ngssuper.com.au

NGS default back to double digits Bernard O’Connor NGS Super Although the five-year figures bear the scars of two years of negative returns, the NGS default fund still achieved a first-quartile rating with a five-year average return of 4.75 per cent per annum. The table below illustrates the point, contrasting NGS Super’s results against its major peer group.

The last financial year saw investment returns improve after two hard years of negative returns for most investment options. With the GFC hopefully fading to a distant memory, markets recovered substantially during the first half of the financial year, but experienced a murky final quarter caused by the European sovereign debt crisis and high unemployment figures in America, which sparked fears of a double-dip recession. NGS Super was pleased to advise members that its diversified option returned 10.03 per cent for the last financial year, which compared favourably to a return of 9.79 per cent for the SuperRatings SR50 balanced median: 8.84 per cent for the default investment option for the Australian Catholic Super and Retirement Fund and 8.24 per cent for the AMP Balanced Growth Fund.*

Those who missed out on the success of the industry fund story paid a heavy price, and the long-term results told the tale. The 10-year return for the NGS diversified option was 5.45 per cent per annum, while returns for equivalent retail fund investment options lagged, demonstrating at least in part the effect that higher fees and commissions can have on long-term returns. For the 10-year period to 30 June 2010, the AMP Balanced Growth Fund returned 2.99 per cent, the BT Bus Super (Westpac Balanced Growth) Fund returned 2.50 per cent, and the MLC MKey – Horizon 4 Balanced Portfolio returned 3.11 per cent. The ‘balanced’ investment options for not-for-profit industry funds generally outperformed their forprofit retail fund competitors over that period. The independent rating agency, SuperRatings, has ranked NGS Super in the top 10 Australian superannuation funds for 2010 based on investment returns, fees and charges, insurance cover and cost, advice and education, administration and fund governance. As the smallest of the top 10 funds, it was pleasing to note that SuperRatings considered NGS Super to be, ‘….well balanced across all key assessment criteria in a robust, secure and proven risk framework. The fund provides features that should assist

NGS Super diversified option returns versus industry median and peer group As at 30 June 2010

1 Year

3yrs % p.a.

5yrs % p.a.

7yrs % p.a.

10yrs % p.a.

NGS Super Diversified *

10.03%

-2.03%

4.75%

7.04%

5.45%

versus SuperRatings50 Balanced median*

9.79

-3.52

3.45

6.21

4.51

Rank

Quartile

Peer group comparison

Australian Catholic Super & Retirement Fund*

8.84

-4.14

3.28

N/Avail

Combined Fund*

6.36

-4.92

2.46

5.36

4.28

Catholic Super Fund (Victoria)*

8.62

-2.98

4.92

7.21

5.38

Lutheran Super **

11.20

-5.20

3.50

N/Avail

Statewide – Balanced*

4.65

-8.01

0.87

4.37

2.86

AMP CS - AMP Balanced Growth*

8.24

-6.57

2.01

5.35

2.99

BT Bus Super - Westpac Balanced Growth*

9.79

-4.26

1.60

4.07

2.50

MLC MKey - Horizon 4 - Balanced Portfolio*

11.24

-4.69

2.12

4.85

3.11

EdU October 2010 IEU(SA)

The NGS Investment Committee uses the expertise of an in-house investment counsel, investment manager and assistant investment officer to assist them in making prudent, risk-adjusted decisions on the investment opportunities which present themselves in the current post-Global Financial Crisis climate. As well as the in-house expertise, the committee uses an external investment manager, JANA, to add a further dimension and assist in determining where investment opportunities lie. This structure has provided the nimbleness necessary for the committee to spot bargains and take advantage of the current investment climate. The NGS Investment Committee is constantly scrutinising its strategic asset allocation mix and making modifications where needed to capture extra value for fund members. Their philosophy is one of ‘active investment’ which seeks to outperform the median market return in all areas of investment.

It appears that a mood of ‘tightening the belt’ will be dominant in the developed western economies and market volatility will continue over the short and medium term. The challenge for investment professionals will be to capture extra value where possible while mitigating any potential losses for members. Australia is clearly well-placed to take advantage of the rise of Asian economies in this climate as China and India move onto the centre stage of world economies.

Data sources: * All figures quoted taken from SuperRatings Indices (as at 30 June 2010) ** Extracted from Mercer’s Superannuation Fund Performance Survey for 30 June 2010 (Industry Funds Balanced Growth) (Disclaimer: The information in this article is of a general nature only and does not take into consideration your objectives, financial situation or needs. Before making a financial decision, please assess the appropriateness of the information to your individual circumstances, read the Product Disclosure Statement for any product you may be thinking of acquiring and consider seeking independent advice from a licensed or appropriately authorised financial adviser. Past performance is not a reliable indicator of future performance.)

Theatre review Why Muriel Matters Margaret Devichand During the 2010 Cabaret Festival I had the opportunity to attend the opening performance of Why Muriel Matters, and was greatly rewarded for the effort of braving the bitter chill of a particularly cold winter’s evening. The opening performance was held in the Adelaide Town Hall on 13 June. Exactly 100 years to the day before, Muriel Matters had stood on that very stage to address a crowd about her adventures in England with the suffragette movement which succeeded in winning the right to vote for English women. An accomplished elocutionist and performer, she would have managed to keep her audience as continuously entertained, amused, enthralled and informed as we were as incidents in her life were recounted by two talented female performers, Teresa De Genera and Carol Young. Written by Sheila Duncan and directed by Catherine Campbell, Muriel’s story was presented in first-person, raconteurial style, with the second performer, adopting the role of others - male and female - instrumental to the development of plot by donning appropriate hats and persona, and also providing musical enhancement both vocally and on the piano. I was struck by how effective was this technique and how appropriate considering Muriel’s own profession and means of livelihood while exploring the Mother Country as a young colonial from Adelaide. Historical background was alluded to sufficiently, both orally and

musically, to provide an understanding of the much greater world picture of the times. The only real disappointment about the performance was the inability to fully appreciate the visual background collated from various photos, organised and projected by Lisa Philip-Harbutt. This was due to the fact that it was projected onto the organ pipes behind the stage - a disadvantage far outweighed by the symbolism of staging it there on that particular evening. Following performances were in a much more intimate setting, allowing for full viewing of the background visuals. The Department of Education and Children’s Services was approached about making the performance available to schools. It is worth serious consideration for upper primary and right through as part of the study of Australian history, political studies, women’s studies and drama. If you cannot procure an actual performance, think seriously about obtaining a copy of the script to use as an integral part of the curriculum in so many areas and levels. I highly recommend it for many and varied reasons and believe it has great potential as a valuable resource in schools. It lends itself to being used in many ways, for many purposes, providing educational stimulation and entertainment at the same time. For further information on Muriel Matters, visit www.murielmatterssociety.com.au

EdU October 2010 IEU(SA)

The cyber bully menace

Why bullying demands a zero-tolerance approach Stephen Orr We all know that bullying and harassment is about power, about individuals and groups taking advantage of their place in the pecking order, within a workplace, classroom or schoolyard. In a way, the reasons for bullying are not important; what really matters is the display of power, and how it’s perceived within the group. We can pick on someone because they are Lebanese, because they walk with a club foot, because they’ve got rotten teeth, pray five times a day, live in a Housing Trust unit or have the crappiest job in the office. We can call these people names, ‘take the piss’ (a great Australian tradition, but only if the other party is comfortable with the joke), trip them up, ignore them, spread rumours about them, exclude them from groups or even slander them in chat rooms. The reality is that bullying destroys lives at many levels. In 2008, Alex Wildman, a 14-year-old Lismore schoolboy, took his own life in the garage of his family home. He had been teased, threatened online and bashed at Lismore’s Kadina High School and at Ingleburn High in Sydney. Police had not been called when Alex was assaulted at school the day before his suicide. Despite Alex’s Sydney school knowing he had been bullied, no one had alerted his new school at Lismore to the problem. The inquest into his suicide stated, ‘The fact that he had been assaulted at least twice by different students, had been victimised by gangs who waited for him at the school gates, and that his mother had specifically raised the bullying problem on enrolment…was apparently never passed on to those who might have been able to look more closely into the problems…’ The inquest found that Alex had ‘slipped through the cracks’. Anti-bullying policies were full of an ‘overabundance of information’ which led to confusion among teachers and pupils. Peter Hamill, a Senior Counsel making submissions to the inquest, stated, ‘Another part of the problem was the extent to which this information was buried in impenetrable bureaucratic jargon. There were also examples of straightforward failures of the system, both with respect to Alex’s case and more generally.’ Pre-teen and younger teenage boys, with their propensity for physical behaviour, of acting before they think, can be the worst offenders. The recent stabbing death of 12-yearold Elliott Fletcher in a Brisbane school toilet is a case in fact. Although the full story is yet to come out, it seems there was a history of threats and intimidation between Elliott and his 13-year-old assailant. The older boy, although probably only trying to intimidate Elliott, opted for what he perceived as the best solution. John Toumbourou, a psychologist from Deakin University, co-authored a study

that found that one in six Australian boys were in some way involved in violent behaviour during his study period. He said that the Queensland stabbing was ‘not unexpected’. Girls have their own techniques. Traditionally, adolescent girls have relied on cliques, the alphas and the betas, and somewhere below, the leftovers. Territory has been marked by fashion, makeup, which boys they hang around with, which shops they frequent, which magazines they read. Whereas boys have resorted to fists, the weapon of choice for girls has been exclusion, rumour-spreading, put-downs and, finally, the greatest advance in bullying in decades, technology. In July 2009, a 14-year-old girl from southern Victoria was cyber-bullied to death. Just hours after other girls threatened to reveal secrets about her over the internet she took her own life. She was the fourth suicide in six months among students from the same school. The girl’s mother, Karen Rae, told a Melbourne radio station, “I laid in bed with her in my bed and we discussed [the message] for about an hour and she left me fairly happy. I can guarantee you if she didn’t go on the internet Friday night she’d be alive today.”

Using technology, these bullies were able to extend their reach, to manipulate and torment from a distance, to amplify the damage across neighbourhoods and cities. They were part of a new breed of ultra-alpha bullies, not content to create a pecking order within the schoolyard, but now confident enough to enlist thousands in their crusade. In the Federal Government’s recent State of Australia’s Young People report, much is made of the growing threat of cyberbullying. In an address to the National Press Club in August 2009, Kate Ellis, Minister for Youth and Sport, stated that this was a scourge the government can’t ignore. “The insidious nature of cyber-bullying means that the sanctity of the family home is no longer a guaranteed safe place for young people to flee to once they escape the school bully because, of course, students can now be reached 24 hours a day.” She announced a $3 million-dollar pilot project, involving 150 schools across the country, aimed at stamping out cyber-bullying. Only time will tell if this initiative is just a case of more brochures and TV ads, more radio interviews and talks, or whether there is indeed a way of policing technology. So are schools doing enough about bullying? On the very day Ascham School learnt of their issues with cyber-bullying, the two girls involved were immediately suspended pending an investigation. Within days the girls had been asked to leave the school. Ascham immediately offered the other girls counselling. One parent said, “They’ve done it very well; they didn’t rush or panic… most of them are happy with the way the school’s handled it.”

Chat rooms, social networking sites, even mobile phones and text messaging, have come as a mixed blessing. The internet, with its ability to spread instant information to large numbers of people, has become yet another tool for bullies, a less obvious but just as insidious threat as knives and guns brought to school. Blackberries, iPods and mobile phones, often beyond the comprehension of many technologically challenged parents and teachers, are allowing the threat to go underground.

Schools can’t act alone in stopping bullying. The message has to come from the top: politicians, sports people, cultural role models, parents; in fact, anyone who has anything to do with kids. We all have to agree that there will be zero tolerance and swift consequences for this type of behaviour. There’s still an argument that a little bit of rough and tumble is good for a kid, that it helps them build resilience and fortitude. For some, the whole equation is turned on its head and it’s these rough times that helps form their character, and success. Singer Brian McFadden once said, ”I was bullied in school because of my weight and because I used to sing in bands. It started to make me very sharp. I had one-line answers to retaliate. I always had it in the back of my mind that they can say what they want, but I’ll always have the last laugh.” No matter how you look at it, it seems the problem is getting worse. No number of brochures or stern-warning lectures will change this if it’s really becoming part of our culture. In the end it will be up to all of us to watch our own attitudes, the way we speak and act towards those in our own classrooms, school-yards, factory floors and living rooms.

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This technology knows no borders, no time zones and no class. In May 2009, two girls were expelled from Sydney’s elite Ascham School after cyber-bullying more than 30 other girls on the social networking website MySpace. The posts included information about other girls’ supposed public drinking, drug-taking and sexual promiscuity. The posts included statements like, ‘Everyone thought she was [a] sweet nice girl who was never mean. She actually is a bitch and really mean about some people.’ The messages had an instant effect, not just at Ascham, but at nearly every private school in Sydney’s inner-east. One parent described how she had become suspicious when strange boys started approaching her daughter at Bondi Junction: “She was approached by all sorts,” she said. “From boys’ schools to everywhere else, and at a party she went to last Saturday night… I would say the eastern suburbs schools are all aware of it.”

The perception by many parents, though, is that schools are not pro-active enough in dealing with bullies. Talks with teachers and principals, ‘time out’ and even suspensions are not enough to stop much of this behaviour learnt, unfortunately, from parents, sportsmen and a celebrity culture that worships the winner, evicting losers who can’t make the grade. The thrill of being ‘top dog’ is just too irresistible to many kids who have no idea, or just don’t care about, the damage they’re doing.

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Unions, workers and the Church Bishop Kevin Manning

I was initially taken aback some years ago, when an elderly Catholic unionist in Lithgow stated: “I learnt my practical Christianity through the union, for the union cared more for the poor and vulnerable than many Church organisations.”

No doubt any such efforts would be challenged and questioned. But workers are entitled to unions which are being treated fairly. In turn, unionists’ rights can be placed at risk because of a lack of freedom of speech in assembly or coercion by union leaders.

And there was truth in what he said, for initially unions saw themselves as protecting the poor and vulnerable workers, those seeking work, immigrants and those suffering because of war and disorder in their own countries. Because workers’ rights, like all rights, are based on the nature of the human person and on his transcendent dignity, the Catholic Church was never reticent to list these rights in the hope they would be recognised in juridical systems.

And there are many issues to fight for: some legislators still believe that health care is a privilege, not a human right; that the right to life is an option; that the rights of the poor are subject to the choice of the rich. Union membership can also offer great opportunities for self-sacrifice, helping people, like Jesus, to be a ‘servant of all’, laying down one’s wishes, needs and desires for the sake of others is our measure for living the Gospel.

In so doing, the Church recognised the fundamental role played by labour unions which “grew up from the struggle of the workers – workers in general but especially the industrial workers – to protect their just rights vis-a-vis the entrepreneurs and the owners of the means of production.” (Laborem Exercens, 20)

The unions might well have a second look at the plight of immigrants; after all, Australia was built on immigrant labour. And they still come to Australia to seek a better life for their families; and don’t unions have a right to affirm their right to work?

In her teaching, the Church insists that unions are not a reflection of the ‘class’ structure of society, but should be promoters of the struggle for social justice, for the rights of workers.

That is precisely why we need the leadership of organised labour: for the poor and the vulnerable; for those who seek to organise in the name of human rights; families who have been deprived of both dignity and justice.

In addition, unions must act as representatives working for ‘the proper arrangement of economic life and of educating the social consciences of workers so that they will feel that they have an active role in the whole task of economic and social development and in the attainment of the universal common good.’ (Gaudium et Spes, 68)

In some cities each year there is a Labor Day Mass – something we could think about. It provides the opportunity for members to show their commitment also to their faith, where they can come to join together on this day to show that they participate in projects which are good for the community – not just good for their jobs.

The Church contends that unions have a duty to exercise influence in the political arena, making it sensitive to labour problems and demanding respect for workers’ rights. However, unions should not have the character of ‘political parties’ struggling for power and they should not be forced to submit to the decisions of political parties nor be too closely linked to them and used as an instrument for other purposes.

They can take the opportunity to praise God for giving work and ask for God’s help in finding and keeping good jobs. They could pray, on this occasion, for union members who have lost their lives, an opportunity to say we haven’t forgotten about those who have fallen on the job. Kevin Manning is Emeritus Bishop of Parramatta. This article first appeared on CathBlog on 17 August 2010.

In view of the aforesaid, and last month’s federal election, we might well put some of our more prominent unions under the microscope. After all, the goal of all organised labour is to contribute to the common good of all Australians.

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8 flaws with free market forces Free-market theorists have failed to take into account the unique character of the labour market in crafting their prescriptions for IR policy, a leading US labour economist has argued. Georgia State University economics professor Bruce Kaufman set out eight flaws in the neo-classical economic analysis of labour markets in his keynote speech for the inaugural Isaac IR Symposium. Kaufman said the idea that more open and competitive labour markets always produce better social outcomes – as championed by Milton Friedman and his University of Chicago colleagues – and had become part of the economic mainstream. Neo-classical economics’ prescription was essentially that ”you don’t want to have labour unions, you don’t want to have social insurance programs, you don’t want to have minimum wages etc., because that’s interfering with [the market]. Basically, within ordinary contract law you want to have a free market system and people will work it out,” he said. Kaufman endorsed Isaac’s view that “the labour market is different from other markets in that labour is not a commodity to be bought and sold simply as a factor of production… The human element... calls for human rights and social considerations”. People were not commodities that could be manipulated like the inputs into a machine, with levers – in the form of wages, working conditions and dismissal – pulled to produce predictable outcomes. For example, orthodox economic theory would suggest that during times of unemployment, wages should be allowed to fall to the extent necessary to stimulate demand for workers. But this ignored the damage cutting employees’ wages could inflict on workers’ attitudes and morale, producing a negative effect on productivity, efficiency, timeliness and customer service and driving up unit labour costs.

“You cut wages and you actually have higher costs than when you started, and companies today when they downsize experience this,” he said. Kaufman outlined eight principles he said should inform the development of plausible labour market theory: • i n most circumstances, individual employees bargain at a disadvantage to employers • e mployers by virtue of their greater wealth and power tend to be able to use the political process to pursue legislation in their interests • p aying higher wages, to a point, benefits employers because employees are more loyal, energetic and productive • l abour markets are highly imperfect because of externalities, labour immobility and other issues • m arkets do not protect human rights to ‘life, liberty and the pursuit of happiness’ • c ompetitive labour markets can undermine trust, security, skill-building and productivity • w age-cutting during recessions can further worsen economic conditions, and • a pplying unadulterated market principles to the employment relationship generates antagonism between employees and employers. Kaufman concluded that a fair and efficient IR system required arrangements allowing a combination of competition via markets and regulatory arrangements directed at achieving valuable non-market objectives. “We are in danger of losing sight in the materialist world that people come before things and particularly in the workplace we have to maintain this balance between profit and efficiency and human values,” he said.

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