Advocate November 2009

Advocate JOURNAL OF THE NATIONAL TERTIARY EDUCATION UNION

ISSN 1321–8476

Volume 16, Number 3, November 2009

REPRESENTING EMPLOYEES IN HIGHER EDUCATION, TAFE, ADULT EDUCATION, R ACGP, RESEARCH INSTITUTES AND UNIVERSIT Y COMPANIES

Time for respect  Bargaining state of play p. 8  Staff strike for action p. 16  Embracing new media pp. 21, 34

International student crisis

p. 13

A greener campus?

p. 26

Save VCA

p. 28

IP case appeal p.24  Marriage equality p.30  Vale Ted Kennedy p.33  National Council p.38  Award winners p.40

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Advocate is published by National Tertiary Education Union, PO Box 1323, South Melbourne VIC 3205 Australia ISSN 1321-8476 ABN 38 579 396 344 ph: 03 9254 1910 fax: 03 9254 1915 email: national@nteu.org.au

Advocate JOURNAL OF THE NATIONAL TERTIARY EDUCATION UNION

VOLUME 16, NUMBER 3, NOVEMBER 2009

Publisher......................................... Grahame McCulloch Editor............................................... Carolyn Allport Production....................................Paul Clifton Editorial Assistance.........................Anastasia Kotaidis Feedback and advertising................. advocate@nteu.org.au All text & images © NTEU 2009 unless otherwise stated.

In accordance with NTEU policy to reduce our impact on the natural environment, this magazine is printed on Behaviour–a 30% recycled stock, manufactured by a PEFC Certified mill, which is ECF Certified Chlorine Free.

On the cover: Christine Kalogeras and Sherry Dzonsons at the Adelaide picket line on 16 September 2009.

Advocate is also available online (e-book and PDF) at www.nteu.org.au/advocate NTEU members may opt for ‘soft delivery’ (email notification rather than printed copy) for all NTEU magazines. Login to the members’ area at www.nteu.org.au to access your membership details.

REGULAR FEATURES

SPECIAL FEATURES

FROM THE OFFICERS

Photo: Michael Venning

INTERNATIONAL STUDENTS 2

Getting down to business at Council 2009

 13

Carolyn Allport, National President

3

Bargaining round at tipping point

Grahame McCulloch, General Secretary

4

Signs of further changes to super Ted Murphy, National Assistant Secretary

CORRESPONDENCE

5

Same-sex marriage; Casual ‘saint’; Thanks from Zambia

7

8

10 11

AEU’s Susan Hopgood new EI President; Australia’s first female Nobel laureate; UK university ‘greylisted’ Unions unite in UQ library dispute; Modern awards; Contract Research Staff breakthrough Steady progress in achieving bargaining agenda; Bargaining State of Play tables Your rights and responsibilities during industrial action Mission based compacts

INDIGENOUS NEWS

12

 16

18

 24

ENVIRONMENTAL SUSTAINABILITY  26 27

37

 28

 38 40 41 42 46 47 48

HUMAN RIGHTS  30

A say in the governance of your workplace

National Council 2009 PM’s History Prize winners NTEU members in ALTC awards and citations NTEU accounts (2007–08) Recent human rights actions by NTEU New Branch staff Contacting your Union

Dancing to victory: the battle to save the VCA Alex White reports on the groundswell of support for the campaign to save the unique character of Victoria’s premier arts college.

Momentum for equal marriage rights Three in five Australians now favour full marriage equality, and only 36% believe that marriage should remain the union of a man and woman.

Letter from New Zealand/Aotearoa, by Dr Tom Ryan, TEU

YOUR UNION

NTEU moves on climate change policy

EDUCATION

Lowering the Boom, by Ian Lowe

General Staff issues under the national spotlight

Working towards a sustainable campus ‘Carbon, Green Skilling and Water Conservation’ were the major themes of the Australasian Campuses Towards Sustainability conference.

FECK all about finance

Regional Focus, by Jenny Austin

Shades of ‘Gray’ in intellectual property case The Federal Court has ruled that a university does not automatically own the intellectual property of an academic employee.

News from the Net, by Pat Wright

36

Strike day reports: State by State round-up

POLICY

35

A strike for respect Throughout September, and into October, NTEU members at universities across the country stopped work to pressure management for action on enterprise bargaining.

Welcome to Country policy launched ; New date for Indigenous Forum; Batchelor outlook improves Wondering Twibes

Difficult times ahead if international student numbers decline Is this the right kind of student experience?

ENTERPRISE BARGAINING

COLUMNS  34

14 15

Hardworking and exhausted international students are a feature of the modern university, says the National Union of Students.

UPDATE  6

International student crisis The current crisis of confidence in the security of international students in Australia risks $15 billion in income, and our international reputation.

INTERNATIONAL

32

EI Asia Pacific education conference Len Palmer reports on the EI Asia Pacific conference in Bangkok.

 33

Ted Kennedy’s legacy to higher education Sarah King Head remembers the ‘liberal lion’ of the US Senate.

33

Snapshot: Lecturing in ‘Second Life’

FROM THE OFFICERS

CAROLYN ALLPORT, NATIONAL PRESIDENT

Getting down to business at Council 2009 O

nce a year, members from all Branches gather at National Council to plan, debate and collaborate on issues of importance for the future of our Union. Over 140 members attended this year, along with staff from across the country.

Formally speaking it is the meeting of our governing body. This year saw a number of new initiatives on our agenda, including the complex issues arising from campaigns around climate change and environmental sustainability, development of a formal NTEU Welcome to Land policy, and a commitment to bridge the gap in superannuation for Indigenous members.

Overall some 38 resolutions were discussed, covering Indigenous matters, career promotion and development for both academic and general staff, intellectual property changes including online delivery, regional universities, governance, private providers, university compacts, workforce development, student evaluation and the welfare of students, especially international students. It was a very busy and productive meeting. Here is a snapshot of some of our key discussions.

Indigenous Education and the NT Intervention spoke to the continued support for the reinstatement of the Racial Discrimination Act within the Northern Territory to overcome the many problems that occurred with the intervention. NTEU is committed to bridging the gap between the standards of education, health and housing as between Aboriginal and Torres Strait Islander peoples and other Australians. While ever this gap remains, Aboriginal self-determination and the sustainability of many Aboriginal communities within the Territory will continue to be undermined.

Engagement with environment and climate change issues covered our work over the last year with the formation of a memberbased Environmental Sustainability Committee. While the Union focused in previous years on reducing its own carbon footprint, there had been little policy formulation around these issues, although work did continue in some Divisions. What happened at Council reflected aspects of the broader debate around strategies to alleviate the impact of climate changes. NTEU is a ‘broad church’ in so far as we all have the responsibility to maintain the right of people to hold different views. Nonetheless, the vote was a strong endorsement of the climate change resolutions by most members. An associated resolution also endorsed a proposal for a climate change conference in 2010.

University governance protocols were developed under the previous Government alongside the punitive Higher Education Workplace Relations Requirements (HEWRRs). With the removal of both the protocols and the HEWRRs under Labor, some universities are moving to make fundamental changes to governance arrangements. Council endorsed a strong statement on governance, based on international practices reflecting UNESCO standards, and recommended holding regular conferences on governance over a four year cycle.

Career development and promotion for all staff. In the context of more individualised career structures emerging over the last two years, it was considered critical to review the standards for career progression for both academic and general staff. In the area of academic promotion, NTEU will be undertaking research comparing the 2

Australian processes with those in Canada and the UK, with a view to improving access to promotion and career development. This will occur alongside improving reward and recognition for general staff with a working party established to bring the principles and structures of general and academic work closer together. One of the key issues for all staff is the degree to which workforce development at an institutional level is taken seriously by management. There has been significant outsourcing of work particularly at the senior level, and at times excessive use of outside consultants.

Emergence of private providers is a disturbing trend that has emerged as part of the Government’s decision to substantially increase student load in order that 40% of Australians hold a degree qualification by 2025. This is a high aspiration, and as such this has attracted private providers to enter directly into competition with universities. One of the major providers is Navitas, a for-profit provider, who in the past focused largely on English language colleges and associated preparatory studies companies, mainly using casual staff. Navitas is now active in pathway programmes in universities, predominately for full-fee paying international students.

Nine universities are involved with Navitas. Considerable concern amongst staff has been expressed about the standard of education taught in the first year programs and whether students transferring to the degree course in the second year have the requisite knowledge to succeed. We can expect more developments of this kind and it is important that both standards and staff rights are respected.

Arrangements between providers such as Navitas and their partner universities should be open to public scrutiny.

New industrial legislation has seen a strengthening of collective bargaining, a phasing out of Australian Workplace Agreements, the restoration of the award system and some unfair dismissal rights, prohibited content removed and a low paid bargaining stream introduced. There remain concerns about limiting awards to those earning less than $100,000, and that ballots are still required for taking industrial action. Industry wide bargaining is still disallowed, and right of entry is overly technical. Concern was expressed that the harmonisation of OHS laws will significantly reduce safety standards, especially in NSW. This includes unions losing the right to prosecute for breaches of workplace safety laws.

In addition, Council emphasised the importance of maintaining a strong bargaining strategy to conclude this round of bargaining. It was a very busy and productive meeting.

Council resolutions c www.nteu.org.au/about/organisation/nationalcouncil/2009 NTEU ADVOCATE

FROM THE OFFICERS

GRAHAME Mcculloch, general secretary

Bargaining round at tipping point N

TEU is making steady progress in the 2009-2012 Collective Bargaining Round. At the time of writing, well over half of Australia’s universities have settled or are within settlement range of the Union’s key claims – a competitive pay rise, restoration of conditions lost under the Higher Education Workplace Relations Requirements (HEWRRs), better conditions and more secure jobs for casuals, workload regulation, general staff classifications, Indigenous employment and a better deal for contract research staff. The Union expects even more rapid progress as the end of the teaching year approaches.

In 2009, more than 15,000 NTEU members voted to support protected industrial action. More than 20,000 members have now taken such action including a 24 hour strike in Queensland, NSW, South Australia, Tasmania and parts of Victoria on 16 September, and a 24 hour strike in Victorian and Tasmanian universities on 21 May. Strike action is being followed up with bans and limitations in selected Queensland, NSW, South Australian, Tasmanian and WA universities.

Wages market takes shape

minimum requirements – ANU (5.5%), UWA (4.1%), CDU (6.6% including 2007 catch up) and VU (4%).

30 June 2012 expiry date John Howard’s HEWRRs and WorkChoices laws broke up previously common expiry periods for Collective Agreements and produced a gap of more than 18 months between the first and last expiring Agreements – this had the (intended) effect of diminishing the Union’s national bargaining power.

In this round, there is already widespread acceptance by universities of 30 June 2012 as the nominal expiry date for the Collective Agreements. This not only ensures that annual wage growth is maintained at 4.2% or higher, but also enables a new 2012 bargaining round to commence within a broadly common timeframe which will increase the Union’s future national bargaining capacity.

Despite employer and media criticism of the Union’s 20% pay claim as outlandish and unaffordable, the bargaining outcomes to date demonstrate that universities are able to comfortably accommodate a nationally competitive pay rise. Negotiated pay outcomes lie within the range of 4.2%–5.5% per annum.

Following initial intensive bargaining throughout 2008 and early 2009, the NTEU National Executive fixed a flat 16% (around 17% compounded) as the minimum wage increase to settle the pay claim, with an Agreement expiry date no later than 30 June 2012. This minimum is what the Union expects to be paid by the least wealthy universities, Despite successful negotiations in many universities, a significant and is not necessarily a guide to acceptable pay outcomes in richer minority of universities are refusing to engage in comprehensive institutions. negotiations and in particular are resisting settlement of the acaTwelve universities have made offers which meet or exceed the demic casual claims, the full restoration of HECE limits on fixed-term Union’s minimum salary target: contracts and quantifiable meas• Sydney (18.3%) ures to cap or reduce workloads.

• James Cook (17%) At the same time, some univerDespite employer and media criticism • Deakin (17.1%) sity managements are pursuing of the Union’s three year 20% pay • ECU (18.3%) aggressive demands to create claim as outlandish and unaffordable, • Monash (17.7%) teaching only and/or research • RMIT (17.7%) inactive academic classifications, the bargaining outcomes to date • La Trobe (17%) to extend the teaching year and demonstrate that universities are able to • UNE (17%) to diminish general staff classificacomfortably accommodate a nationally • Griffith (17%) tion opportunities. competitive pay rise.

• Ballarat (21% including 4% The recent October National catch up) Council endorsed a campaign of • Canberra (17.1% with up to a continuing industrial action at all further conditional 4%) universities which refuse to move towards a rapid settlement. Given • Curtin (19.3%). the strong membership endorsement of bans and limitations as UWS and QUT have both made offers of 19.3%, but with an expiry expressed in the high voter turnout in the protected industrial action date and/or last payment in December 2012. ballots, the Union is confident that our industrial campaign will have Four other universities previously settled one year Agreements for strong support.

2009 only with annual wage outcomes consistent with the Union’s See where each university is at in bargaining with the ‘State of Play’ tables, pp. 8–10

Further industrial action may be necessary

NOVEMBER 2009 www.nteu.org.au

3

FROM THE OFFICERS

ted murphy, national assistant secretary

Signs of further changes to super I

n the 2009 Budget, the Rudd Government introduced a new cap on concessional contributions for superannuation. It should not be assumed that this measure is the last change to the superannuation system to be made by the Government.

It is more likely to be an interim step, with further changes made in the 2010 Budget or early in the Government’s second term.

Until the review into Australia’s tax and transfer system led by Ken Henry, Treasury Secretary, reports in December, the best one can do is to speculate about future government policy and actions. Occasionally there is a hint from a relevant minister about possible directions that confirms what many commentators were expecting anyway.

For example, in a speech on 13 October, the Minister for Superannuation, Chris Bowen, pointed towards a redistribution of the tax concessions that underpin the superannuation system: Tax concessions for lower and middle income earners to save through super are less than for high income earners. The fact that the top five per cent of contributors make around a quarter of all concessional contributions to superannuation – while 1.2 million people do not receive an income tax benefit on their concessional contributions – is a compelling one. So equity will also be a driving factor in our discussions about the eventual recommendations of the Henry Review and the debate on adequacy more generally.

Bowen noted the finding of the Henry Review in its interim report that a 9% employer contribution provided sufficient retirement income for most people. He acknowledged that Henry’s view was very controversial, and called for a national discussion about whether to aim for something better than adequacy, and also about equity.

Bowen’s remarks could be optimistically interpreted as signalling that the Government might simply provide additional superannuation tax benefits and/or a Government co-contribution to lower income earners. However, governments are rarely willing to increase already generous tax concessions, let alone a Government with a Finance Minister publicly canvassing the need for spending cuts. The tax concessions to superannuation amount to $26 billion per annum.

Moreover, the ALP, despite supporting the changes at the time, has lingering doubts about the long term viability of the ‘Better Super’ changes introduced in the 2006 Costello Budget.

The more likely outcome is that improvements for the lower paid would be offset to some degree by scaling back the advantages enjoyed by higher income earners. This would certainly make superannuation more equitable. But to use a cliché that is popular in ministerial circles, it is important to get the balance right.

During an interview on 14 October, Derryn Hinch put to Bowen that the Government might have an interest in employees on higher wages putting more money into superannuation, so that they would never need to rely on a Government pension. Bowen’s response was that higher income earners would be very unlikely to go onto the pension because they would be saving ‘through one mechanism or another’.

In other words, the propensity of higher income earners to save is not dependent on the current tax concessions for superannuation.

4

Bowen is right about the propensity to save. Whether the Government nonetheless has a preference for superannuation over other savings mechanisms remains to be seen. Compulsory contributions to superannuation from higher income earners will not be affected by a redistribution of superannuation tax concessions. However, depending on the extent of the changes, discretionary contributions could be affected. There are more liquid investment alternatives to allocating savings to superannuation funds, where they are effectively locked away until age 60.

The superannuation funds certainly have an interest in the encouragement of voluntary contributions from the standpoint of enhancing the retirement income of members and increasing total funds under management and economies of scale. The implications of government decisions would also be viewed against the background of the decline in discretionary contributions when negative returns were reported because of the global financial crisis.

Before Bowen’s speech superannuation industry bodies were considering cost offsets to persuade the Government to boost the superannuation of lower income earners. Earlier this year the Industry Superannuation Network proposed an end to salary sacrifice, the spouse superannuation tax offset, the low income co-contribution, and ‘super tax deduction’, in return for either a 25% or 33.3% Government co-contribution on employer contributions and voluntary employee contributions.

This approach is at the more radical end of the spectrum of proposals to improve adequacy. However, it is worth noting that the Government has already acted to reduce the revenue forgone due to salary sacrifice. The changes to caps on concessional contributions will mean that some fund members will terminate or scale back their salary sacrifice contributions. Others may take the same action because salary sacrifice contributions count towards assessable income for the purpose of social security payments. It is possible that further disincentives to salary sacrifice will be considered.

One component of the Better Super arrangements that the Government has promised to keep is the policy of tax free super at 60.

However, the Government may be concerned that the superannuation released at age 60 may be used for the proverbial long overseas holiday or house renovation. Such spending can have a cost in terms of earlier dependency on the old age pension once the qualifying age is reached. A requirement to take the super in the form of an annuity would not breach the tax free at 60 commitment, though its effectiveness in deferring reliance on the pension would be limited if the superannuant had, and consequently used, other savings to fund the expenditure anyway.

NTEU ADVOCATE

A

Correspondence

Have something to say about issues in Australian higher education? Want to comment about something you’ve read in the Advocate? We’re happy to hear from you! Email advocate@nteu.org.au.

Please keep word count to a minimum. Max words = 400

Union should not take activist stance on same-sex marriage RE: NTEU Support for National Day of Action for Same-Sex Marriage (Equal Love Campaign) I am a member of the USQ Branch of NTEU. I do not have a clear cut position on the issue of same-sex marriage but I have some reservations about NTEU taking an activist stance on this issue. I sincerely believe that this is not within the scope of NTEU as an organisational entity.

I believe that even if the NTEU as an organisation sympathises with this issue, the most it can do as a group is not to express opposition to it. This is to be fair to NTEU members who are not sympathetic to same-sex marriage (e.g. because of personal or religious beliefs) but who do not vocalise their opposition to it. If some leaders or members of NTEU strongly believe in same-sex marriage, then their stance should be communicated as individuals and not as representatives of the organisation. Individuals should also not be enjoined to participate in the action because they are NTEU members.

Lujer Santacruz, University of Southern Queensland NTEU is committed to the principles of equality, fairness and human rights. While we never wish to offend members or go against their views, there are times when this will unavoidably occur.

NTEU has policy for the equal rights of all people, including the right for same-sex couples to marry.

Grahame McCulloch, General Secretary For more on Marriage Equality, including why NTEU supports this issue, see article on p. 30

CORRESPONDENCE

Thanks from Zambia

Casual ‘saint’ offends Catholics

Recently we received a copy of the Advocate (July 2009). Four of the articles were of particular relevance to our situation here as Teacher Unions, namely: • ‘Collective bargaining: State of play ‘ • ‘South African HE Unions discuss amalgamation’ • ‘Victoria staff strike for respect’ • ‘Trouble on the island’.

Our collective bargaining process has often been slow to start and characterised by a lot of procrastination on the Employer (i.e. Ministry of Education). Recently, we concluded a 15% salary increment which members grudgingly accepted, feeling that the unions had failed to achieve members’ expectations.

This was against the background of a possible wage freeze in the face of the global economic downturn.

The period prior to the conclusion of this years round of negotiations was marked by widespread strikes which paralysed both the education and health sectors. These were triggered by members’ grievances over long standing unresolved conditions of employment such as housing and rural/remote hardship allowances. The protracted negotiations simply added more fuel to the raging fire. We still continue to struggle for reduced workloads and recognition of certain qualifications for purposes of proper remuneration.

The public education sector employees are represented by five major (academic) unions, including two at the public universities. For the past two years, the unions in the Basic and high school sector have been discussing a possible merger or formulation of a Federation. We would love to have details of the South African experience as discussed by John Landman of the National Tertiary Education Staff Union of South Africa. We seem to have the same ideals but are a bit deficient on process. We would love to continue receiving copies of your Advocate journal.

Emmanuel K Zulu, Deputy General Secretary (Admin & Org), Secondary School Teachers’ Union of Zambia

Dear Editor, As a member of the NTEU I must protest the article in your July 2009 issue ‘Casual saint joins May Day procession’ (p. 5).

While you have a right and duty to report the news you should have made it clear that ‘San Precario’ is not a saint but only the figment of someone’s imagination and not even a real person.

This misuse of religious language and images is extremely offensive, not only to Catholics. Imagine if someone took liberties with Aboriginal Dreamtime stories to make a spoof of the Rainbow Serpent, for example?

Would you run that story without a clear indication that you do not approve of lack of respect for Aboriginal culture and spiritual traditions?

I doubt it. And I would also hope that were such a breech brought to your attention you would print an apology.

Dr Roxanne Zolin, University of the Sunshine Coast The word ‘saint’ was placed in inverted commas within our article, indicating ironic emphasis and making it clear ‘San Precario’ was not a real saint. No offence was intended.

Developed by Chainworkers in Milan within the Italian tradition of saint worship – complete with life story, statues and saint cards – ‘San Precario’ is popular at rallies and events supporting those in ‘precarious’ employment.

Grahame McCulloch, General Secretary San Precario c www.sanprecario.info

What if you could find a better Australian hotel rate with flexible booking terms and conditions compared to all the other last minute sites? www.government.travel is the new online accommodation booking site developed exclusively for people with .gov.au and .edu.au email domains.

Visit www.nteu.org.au/benefits/government_travel for full details.

NOVEMBER 2009 www.nteu.org.au

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UPDATE 4 INTERNATIONAL

Australian presidency for Education International

A

ustralian Education Union (AEU) Federal Secretary, Susan Hopgood will take on the presidency of Education International (EI) following the resignation of Thulas Nxesi, who has been elected to the National Assembly of the Republic of South Africa.

The officers of EI agreed unanimously that Ms Hopgood, EI’s longest-serving Vice-President, should assume the position of Acting President, with immediate effect. At the next meeting of the full Executive Board, to be held in early December, they will recommend that the Board confirm her appointment as President until the next World Congress in 2011.

A former secondary school mathematics teacher, Ms Hopgood rose through the ranks of the teacher trade union movement to become a national leader of the AEU, which affiliates 181,000 teachers and education workers in pre-schools, schools and vocational education institutions across the public sector in Australia.

4 INTERNATIONAL

UK uni ‘greylisted’

U

niversity & College Union (UCU) has instituted a ‘greylisting’ of London Metropolitan University (LMU) to protest plans to cut 550 jobs.

This means that union members who have professional non-contractual links with the University are asked to cut these links until normal industrial relations are resumed. Conference and seminar speakers are asked to cancel their commitments.

In 2008, the Higher Education Council demanded that LMU repay £36m in funding following the submission of incorrect student completion records, placing the University at financial risk. Management’s response was to state it intended to cut 550 posts.

6

Elected Federal Secretary of AEU in 2006, she is the first woman to hold the position.

‘Susan brings a great wealth of experience, both within EI and in the international labour movement, to her new position,’ noted Mr Nxesi. ‘We are fortunate to have activists with such skills and integrity to lead our organisation.’

First elected to the EI Executive Board in 2001, Ms Hopgood has served as a member of the Finance and Women’s Committees, and as Chair of the Constitution and By-Laws Committee. She was Vice-Chairperson of EI’s Asia-Pacific Regional Committee from 2000 to 2006. From 1998–2006, she was Vice-President of the Council of Pacific Education, and is also a Vice-President of the ACTU. A

Despite UCU’s best efforts over the last nine months to persuade the University to enter into formal negotiations to reach a resolution, it is forging ahead with the planned compulsory redundancies.

As a further twist, the right wing think tank Policy Exchange has suggested that LMU could be broken up and sold off to private sector providers.

UCU says it cannot stand by and allow hundreds of staff and students to pay the price for a catastrophic failure of management and governance. Unions must establish the principle that universities should be accountable for their actions.

UCU asks that union members write to LMU Vice-Chancellor, Alfred Morris (Alfred.

Morris@londonmet.ac.uk) to express their support of the greylisting.

If any NTEU members have professional connections with LMU and require further information, they can contact UCU via jstephens@ucu.org.uk. A UCU c www.ucu.org.uk

4 INTERNATIONAL

Australia’s first female Nobel laureate

P

rofessor Elizabeth Blackburn has become Australia’s first woman Nobel laureate after receiving the 2009 Nobel Prize in Medicine for the discovery of how chromosomes are protected by telomeres and telomerase.

Born in Hobart, Professor Blackburn earned her BSc degree in 1970 from the University of Melbourne, and her PhD at Cambridge University in 1975. She moved to the US 30 years ago and has dual Australian-US citizenship.

Blackburn was appointed to the President’s Council on Bioethics in 2001. The Bush Administration sacked her from the Council in 2004 because of political opposition to her advice and her support for human embryonic cell research.

Pro fe s s o r Blackburn joined the faculty of the University of California, Berkeley in 1978. In 1990, she moved to the University of California, San Francisco (UCSF). She is currently the Morris Herzstein Professor of Biology and Physiology and a non-resident fellow of the Salk Institute. She shares the Nobel Prize with Professor Carol Greider and Professor Jack Szostak.

Professor Blackburn spends at least one month a year in Australia doing teaching and research with the Walter and Eliza Hall Institute of Medical Research in Melbourne and has been a visiting professor at Monash University.

Since the Nobel Prize was established in 1901 there have been almost 800 male laureates and only 39 females. A

NTEU ADVOCATE

UPDATE NATIONAL

QUEENSLAND

Modern awards

UQ library dispute proves unions work

T

T

he Rudd Government has replaced thousands of different awards with less than 100 industry awards (and in some cases, occupational awards) called ‘Modern Awards’. These will become operative from 1 January 2010.

Almost all NTEU members are covered by Collective Agreements, and therefore the awards will have minimal effect. A significant number are covered by previous awards which only apply to one employer – socalled ‘enterprise awards’ which will, for the time being, continue to apply.

The significance of these awards is that they will become the benchmark for assessing the no disadvantage test for Enterprise Agreements (‘better-off-overall-test’ , aka the BOOT) replacing the National Employment Standards (NES).

Two of these awards apply to the higher education industry: Higher Education Industry (Academic Staff ) Award 2010 and the Higher Education Industry (General Staff) Award 2010 In these awards, the main elements of our existing awards are preserved, including 6 months additional notice in relation to academic redundancy, the ‘HECE Award’ provisions, the span of hours and shift penalties.

Notably, the Academic Award will apply to private universities: Bond, Notre Dame and Carnegie Mellon (though not the HECE provisions).

The third award, the Educational Services (Post-Secondary Education) Award 2010, applies to ELICOS teachers (wherever they work), TAFE, Adult Education and private providers of higher and post-compulsory education, including university companies.

NTEU played a leading role in drafting the conditions in this award, and successfully retained paid maternity leave for those classes of employees who enjoyed this as an award standard in the previous Award. Many other conditions are higher than most existing awards in the private sector, and bring a new award safety net for the first time to perhaps 10,000 employees eligible for NTEU membership. This new award creates significant potential for Union growth and a proper base for bargaining. A Eleanor Floyd, Industrial Coordinator NOVEMBER 2009 www.nteu.org.au

he lesson from the ongoing campaign to defend University of Queensland (UQ) library jobs is that unions definitely work.

On 5 November 2008, the University Librarian and Director of Learning Services announced that, due to the falling dollar and budget shortfalls, no fixed-term or casual library employee would be offered a new contract after January 2009 unless they had already received a letter of appointment.

Union members across the library service reacted quickly. At stake were the jobs of over 50 colleagues, many of them longserving, loyal employees. Staff also recognised the potential impact on workloads and the threat to the job security of the remaining workforce.

Ably supported by officials from the three main unions – NTEU, ASU and QPSU – library unionists embarked on a hectic round of leafleting, petitioning and speaking out at UQ forums, including the Vice-Chancellor’s address to all staff in December. The issue captured national attention when The Australian’s Higher Education Supplement covered the story.

After three weeks of campaigning a delegation met with the University Librarian and executive managers, and was was advised the situation was not as grim as originally announced. Other savings had

NATIONAL

Contract Research staff breakthrough

N

TEU has achieved significant gains in job security for contract research staff (academic and general), including conversion to a new form of more secure ongoing employment.

This will see thousands of contract research staff converted from short term

been found to offset the shortfall, and the budget predicament was not as severe as it had been presented a month earlier. Consequently, far fewer positions than the original 50+ would be lost. Commitments were given to improve communication and consultation, and there was agreement that in dealing with the financial crisis the focus should be on solutions that have the least impact on job security and service levels.

The situation is still less than satisfactory. A funding shortfall remains, opening hours have been sacrificed, some positions are disappearing, insecure forms of employment continue to be pushed. The campaign must go on. Yet it is important to recognise what was already achieved.

By coming together and campaigning, staff showed that jobs matter, that the quality of our working lives matter, that people matter. Above all, the campaign created pressure which resulted in jobs being saved. If we had remained silent or merely grumbled amongst ourselves, none of this would have been achieved. We would now be enduring the full unpalatable consequences of the original announcement. By coming together and saying no we made a difference, we asserted some control. That’s what unionism does. Permanents, fixed termers, casuals: we all need unions and unions need us. A UQ Libraries Combined Unions’ Committee

contracts to ‘contingent’ ongoing employment at ANU, UWA, Sydney and La Trobe.

Benefits include protection from capricious non-renewal of contracts; improved redundancy payments where grant funding runs out; and a serious incentive to managements to properly manage contract research staff in a way that minimises loss of employment.

It will also result in many long-term research staff losing their ‘temporary’ status, meaning they will be able to get home loans and gain some of the other privileges which come with ongoing employment. A

7

UPDATE NATIONAL

Steady progress in achieving bargaining agenda

N

TEU’s university members are now in the middle of the ‘fifth round’ of bargaining in higher education, since the system of enterprise bargaining started in 1994.

NTEU has now established a clear pattern of success around our key claims: • A competitive salary increase to June 2012.

• Effective and quantifiable limits to workloads.

• Restoring the limits on fixed term and casual employment.

• Enforceable classification standards for all general staff.

gaining agenda had to grow to include the recovery of many conditions of employment lost under WorkChoices and the Higher Education Workplace Relations Requirements (HEWRRs), which linked Commonwealth funding for universities to cuts in conditions of employment.

Bargaining at many universities has been slow, and only industrial action has pushed management into serious negotiations. continued on next page...

• Improved pay and conditions for casual staff, including an increase in the loading casual get in lieu of leave, and separate pay for all academic marking.

• An Indigenous employment strategy at each university, with targets for increased casual employment.

This fifth round of bargaining is the first since the change of Federal Government in 2007. This has meant that the Union’s bar-

University bargaining: the State of Play ACT, NSW

The information listed here is correct at time of printing. For more detailed analysis of the Agreement at your university, please contact your local NTEU Branch office.

ACT ACU

Status Expiry Date Salary increase‡ Increase compounded Annual wage growth (expiry to expiry)

ANU

NSW UCAN

CSU

MACQUARIE NEWCASTLE

Close to Under Under Bargaining One Year not Agreement Agreement negotiation negotiation commenced 31-Dec-09 30-Jun-12 16% 1 2.5% 4% no offer 4.5% 17%

Early stages no offer

SCU

SYDNEY

UNE

UNSW

Close to Final Heads of Under settlement Agreement Agreement negotiation May-12 17% 18.3%

30-Jun-12 16% 17%

5.1%

4.3%

✔ ✔

✔

✔ ✔

✔

?

13% 2

5.4%

4.25%

HECE fixed term limits Discipline & termination Job security/managing change

✔ ✔

✔? ✔?

✔? ✔?

? ?

✔

✔?

✔?

?

Union rights

✔

✔?

✔?

?

✖

✔

✔ ✔ ✔ ✔

✔ ✔? ✔? ✔?

? ? ? ?

? ? ? ?

✔

? ? ?

✔

✔

✔?

✔?

✔ ✔

? ?

✖ ✔?

? ?

✖

✔ ✔ ✔

✔? ✔ ✔?

? ✔? ✔

? ? ?

✔

✔?

✔?

✔?

6%

UTS

UWS

W’GONG

Early stages

Under Under negotiation negotiation

no offer

31-Dec-12 19.3% 3 19.2%

4%

4.8%

HEWRRs RESTORATION

? ?

? ?

? ?

? ?

✔?

?

?

✔

?

?

?

✔ ✔ ✔ ✔

✔ ✖ ✖ ✔

? ? ✖ ✖

✖ ✔? ✖ ✖

? ? ? ?

?

✔

✖

?

✔?

?

?

✔ ✔

✔ ✔

? ?

✔? ✔

? ?

? ✔? ✔

✔? ✔? ✔

? ? ?

✔?

✔?

?

? ?

CASUALS

25% loading Pay for marking Limits on casual numbers More secure jobs WORKLOADS

Quantifiable and effective regulation

✖

INDIGENOUS EMPLOYMENT

Strategy & targets Monitoring Committee OTHER CLAIMS

Superannuation Dispute resolution Intellectual freedom General staff classifications

?

?

✔

✔? ✔

✔ ✔ ✔

✔ ✔

✔

✔

?

? ?

✔ Claim achieved ✖ Claim rejected or stalled ? Claim under serious negotiation ✔? Claim largely settled with some detail in dispute ✽ Not included in this Agreement, to be negotiated in 2010-2012 ‡ Where Agreement is finalised, salary increase is guaranteed. Where Agreement is under negotiation, salary increase is an offer. 1: Plus 4% conditional. 2: Plus 3% conditional. 3: Expiry date of 31 December 2012.

8

NTEU ADVOCATE

UPDATE ...continued from previous page However, as the tables (pp. 8–10) show, the Union’s key claims are now being achieved by many NTEU Branches, and the winning of our key claims at each university puts more pressure on the others.

Agreements reached The Union has one-year Agreements to the end of 2009 at ANU, University of Western Australia, Charles Darwin University and the University of Ballarat, with negotiations recommencing for Agreements through to 2012.

Now NTEU also has Agreements at University of Sydney, Edith Cowan University and La Trobe University, with Agreements very close at Swinburne, Monash and RMIT. All of these

agreements have, or are expected to meet each of the Union’s key claims.

Negotiations ongoing and stuck Across the rest of the country, the story is mixed. At many universities, strike action during September has pushed management to take bargaining seriously after months of

delay, and while there is still some way to go, local Branches expect that in the end an appropriate Agreement will be struck.

At others, the picture is not so good. Bargainers report that management is unresponsive to union claims, and at some places management bargaining teams are not even properly prepared for bargaining meetings, or have no real authority to negotiate.

At the time of writing, this meant many Branches were already implementing a range of end-of-year bans, including on withholding assessment grades. While such actions are always to be regretted, the responsibility for this rests firmly with management, which in many cases have refused to negotiate seriously for nearly 18 months. A NTEU bargaining c www.universitybargaining.com.au

University bargaining: the State of Play Victoria, WA

The information listed here is correct at time of printing. For more detailed analysis of the Agreement at your university, please contact your local NTEU Branch office.

BALLARAT

DEAKIN

LA TROBE

VICTORIA MELB MONASH

RMIT

SWINBURNE

VU

CURTIN Aca CURTIN Gen

WA ECU

MURDOCH

UWA

Status

Heads of Close to Under One Year Final Heads of In Close to Close to Final Close to Close to Final settlement Agreement Agreement negotiation settlement settlement settlement Agreement Agreement Agreement Agreement negotiation Agreement

Expiry Date Salary increase‡ Increase compounded Annual wage growth (expiry to expiry)

30-Jun-12 21%

30-Jun-12 16% 17.1%

30-Jun-12 16% 17%

4%

4.3%

12% 12.6%

30-Jun-12 16.5% 17.7%

30-Jun-12 16.5% 17.7%

30-Jun-12 16% 17%

4.2%

4.4%

4.5%

31-Dec-09 4%

31-Dec-12 18%

31-Dec-12 17%

30-Jun-12 17% 18.3%

4%

4.25%

4.7%

4%

30-Dec-09 6% 6.1% 4.1%

HEWRRs RESTORATION

HECE fixed term limits Discipline & termination Job security/managing change

✔ ✔

✔? ✔?

✔

? ?

✔ ✔

✔? ✔?

✔ ✔

✔ ✔

✔? ✖

✔?

✔

✖

✔ ✔

✖ ✖

✔ ✔

✔

✔?

✔

✖

✔

✔?

✔

✔

✖

✖

✔

✔

✔

Union rights

✔

✔

✔

?

✔

✔

✔

✔

✖

✖

✔

✔ ✔ ✔ ✔

✔ ✔ ✔ ✖

✔ ✔ ✔ ✔

✔? ✔ ✖

✔ ✔ ✖ ✔

✔ ✔ ✔ ✔

✔ ✔ ✔ ✽

✔ ✔? ✖ ✖

✔

✔

?

✔ ✔ ✔ ✔

✖ ✖

✔

?

✔

?

✔

✔

✔

✔

✖

✔ ✔

? ?

✔ ✔

? ?

✔ ✔

✔? ✔

✔ ✔

✔ ✽

✔ ✔ ✔

✔ ✔ ✔

✔ ✔ ✔

✔? ✖ ✔?

✔ ✔ ✔

✔ ✔?

?

✔ ✔ ✔

✔

✔

✔

?

✔

✔

✔

✔

CASUALS

25% loading Pay for marking Limits on casual numbers More secure jobs

✔ ✔

✔ ✖ ✖ ✖

✔ ✽ ✽ ✔

✖

✔

?

✔

✔? ✖

✔? ✖

✔ ✔

✔ ✔

✔ ✔

✔ ✔? ✔

✔ ✖

✔ ✖ --

✔ ✔ ✔

✖

✔ ✔ ✔

✔

--

✔?

✔

✔

✔

WORKLOADS

Quantifiable and effective regulation INDIGENOUS EMPLOYMENT

Strategy & targets Monitoring Committee OTHER CLAIMS

Superannuation Dispute resolution Intellectual freedom General staff classifications

✔ Claim achieved ✖ Claim rejected or stalled ? Claim under serious negotiation ✔? Claim largely settled with some detail in dispute ✽ Not included in this Agreement, to be negotiated in 2010-2012 ‡ Where Agreement is finalised, salary increase is guaranteed. Where Agreement is under negotiation, salary increase is an offer.

NOVEMBER 2009 www.nteu.org.au

9

UPDATE NATIONAL

Your rights & responsibilities during a strike

T

he Union received many questions from members about the rights of both management and union members before, during and after a strike. These questions have arisen as a result of management harassment at many universities over actions held recently.

Do I have to tell management whether or not I am going on strike?

No. The Union is required to notify the management 3 clear days prior to any ‘protected’ industrial action. That is the only notice required. There is nothing illegal about management asking you whether you, individu-

ally, intend to participate. However, you are under no obligation to answer. The Fair Work Act makes it absolutely clear that an employer cannot disadvantage an employee because they ‘proposes to or proposes not to’ take protected industrial action.

In the recent industrial action, a lecturer told management that she was coming to

work, but then read the Union information material and instead decided to go on strike.

Management threatened her when she returned to work for ‘dishonesty’ but, after receiving a stern letter from the Union, have not taken the matter further.

Any suggestion by management that you ‘must’ advise them in advance that you propose to take strike action is illegal, as it carries an implied threat of adverse consequences if you don’t tell them.

Should I tell management whether or not I went on strike?

Generally, yes. If management specifically asks or directs that people who were absent continued on next page...

University bargaining: the State of Play Queensland, SA, Tasmania, NT

The information listed here is correct at time of printing. For more detailed analysis of the Agreement at your university, please contact your local NTEU Branch office.

CQU

GU

JCU

QUEENSLAND QUT

UQ

USC

USQ

SA ADELAIDE FLINDERS

UNISA

TAS UTAS

NT BATCHELOR CDU

Status

Under Under Under Heads of Under Under Under Under Under Under Under Bargaining One Year negotiation negotiation Agreement negotiation negotiation negotiation negotiation Negotation Negotation Negotation negotiation on hold Agreement

Expiry Date Salary increase‡ Increase compounded Annual wage growth (expiry to expiry)

30-Jun-12 no offer

30-Jun-12 16% 17%

30-Jun-12 16% 17%

31-Dec-12 18% 19.3% 3

4.3%

4.3%

4.7%

4%

4%

3.5%

13.5% 14.2%

14.25% 15.06%

12.5% 13.1%

30-Jun-10 4%

3.56%

31-Dec-09 13% 13.3% 6.6%

HEWRRs RESTORATION

HECE fixed term limits Discipline & termination Job security/managing change

✔ ✔

✔? ✔

✔ ✔?

✔?

✖ ✖

✔

?

?

? ?

? ?

✖ ✔?

✖ ✖

? ?

✔ ✔

?

✔

✔?

✔?

✖

✖

✖

?

✖

✖

✖

✔

Union rights

✔

✔?

✔

?

✖

✖

?

?

✔?

✖

?

✽

✔

✔?

✔ ✖

✔ ✔?

?

?

✖

✖

?

? ?

?

✖ ✖

✖ ✖

✖ ✖ ✖

✔

✔? ✖ ✖ ✖

? ?

?

✔ ✖ ✖

✔

? ?

✔ ✔ ✔ ✔

✔?

? ? ?

?

✔ ✽ ✽ ✽

?

?

✔?

?

✔?

?

?

?

✖

✖

?

✔

? ?

✔? ✔?

✔ ✔

✔ ✔

✔? ✔?

? ✖

✔? ✔?

? ?

✔? ✔?

✖ ✖

? ?

✔ ✽

?

✔

✔

✖

?

?

? ✔?

?

? ?

✔?

✔?

✖

✖

✔

? ?

?

✖ ✖ ✔?

✖ ✖ ✖

✖ ✔? ✖

✔ ✔ ✔

✔?

?

?

?

✖

✖

?

?

✔

CASUALS

25% loading Pay for marking Limits on casual numbers More secure jobs WORKLOADS

Quantifiable and effective regulation INDIGENOUS EMPLOYMENT

Strategy & targets Monitoring Committee OTHER CLAIMS

Superannuation Dispute resolution Intellectual freedom General staff classifications

?

✔

✔ ✔ ✔

?

✔?

✔?

✔ Claim achieved ✖ Claim rejected or stalled ? Claim under serious negotiation ✔? Claim largely settled with some detail in dispute ✽ Not included in this Agreement, to be negotiated in 2010-2012 ‡ Where Agreement is finalised, salary increase is guaranteed. Where Agreement is under negotiation, salary increase is an offer. 3: Expiry date of 31 December 2012.

10

NTEU ADVOCATE

UPDATE ...continued from previous page on a particular day advise them, then you are required to do so.

Can management take any action against me for taking industrial action which has been notified by the Union?

Absolutely not. The Fair Work Act provides serious penalties for taking ‘adverse action’ against an employee who has taken protected indus-

trial action (other than withholding pay). The protection extends to any threats, even if they are not carried out, and extends well beyond dismissal.

So, for example, if an employee was denied access to staff training or even moved to another desk, the law says that the onus is on the employer to prove that this ‘adverse action’ was not taken because they had gone on strike. A Ken McAlpine, Senior Industrial Officer

NATIONAL

Coming soon to a university near you: Mission Based Compacts

M

ission based compacts will essentially be a new form of funding agreement between the Commonwealth and universities. Each compact will define the mission and vision of each university and briefly describe how this mission is to be achieved. Compacts will also show how each university’s mission is aligned with the Government’s policy priorities, including a desire for greater institutional diversity within the higher education sector.

Program Basis of Distribution Each compact will be the outcome of negotiations between each university and the Government. These negotiations will be informed and influenced by how each institution responds to the new funding and regulatory framework announced as part of the 2009–10 Budget. To help achieve its objectives the Government has made it clear that compacts will include specific teaching and learning and research components.

Compacts will include agreed targets in relation to a number of yet to be determined performance indicators. Performance indicators will be used to target the Government’s broad policy objectives including increasing overall participation rates and participation rates of students from low SES backgrounds.

To the extent that it is the desire of this Government to have a more diverse higher education sector, the process of compact negotiation may have far reaching effects for some institutions, particularly if they believe it is in their best interests to pursue a mission which differs significantly from their traditional role. It is how each institution responds to the positive and negative incentives contained in compact negotiations and performance indicators which may have profound implications for its future mission and role within the higher education sector.

In determining their position in relation to compact negotiations, NTEU would remind universities they must be mindful of the fact that in addition to responding

NOVEMBER 2009 www.nteu.org.au

to funding signals, they also have responsibilities to their staff and students and the regions and communities they serve.

Data shows that over the four year period to 2013 there is approximately $4.2b worth of funding specifically targeted for universities. Of the $4.2b, Education Investment Fund (EIF) will provide $1.7b for capital expenditure which will be distributed through a competitive bid process.

The remaining $2.5b (59.5% of total) is for recurrent expenditure.

No university is guaranteed any share of this additional recurrent expenditure. The Collaborative Research Network (CRN) funding ($52b) and the Structural Adjustment (ST AD) funding ($202m) will be distributed on a competitive bid process. The expansion of Government funded student places will delivered through the student demand (ST DM) model ($490m) and eventually will eventually essentially follow the students.

The share of this that any individual university is likely to be a function not only of demand for places, but its capacity and willingness to increase domestic undergraduate enrolments.

This leaves a total of $1.7b (approximately 42% of total new funding) which will be distributed on the basis of each university’s performance in relation to a variety of performance indicators (see table). The role that compacts will play in the distribution of this funding is that it will be via contain performance targets (agreed between

Institutional Performance Learning and Teaching Funding (INST PF) $206m Performance Indicators Indexation (INDEX) $578m

Performance Indicators

Low SES Participation (SES) $436m

Low SES Participation

Sustainable Research Excellence (SRE) $512m

Indirect Costs of Research / ERA

the university and the Government) which each university will be expected to meet in order to qualify for and receive funding. It will be the role of the new regulatory body, the Tertiary Education Quality and Standards Agency to determine whether institutions meet the agreed targets.

The Sustainable Research Excellence (SRE) will be distributed on the basis of the indirect costs of research and research excellence as measured by the ERA. As the name suggests, the Low SES Participation (SES) fund will reward institutions that increase participation of students from low SES backgrounds. It is unclear what the nature of performance indicators for the additional indexation (INDEX) funding is, but these may include broader institutional issues such as workforce development for example. The Institutional performance (INST PF) fund will use learning and teaching performance indicators to reward efforts to improve student outcomes, including factors such as student retention/ progression and student engagement. A Paul Kniest, Policy & Research Coordinator

11

INDIGENOUS NEWS

‘Welcome to Country’ protocols policy launched N

TEU Indigenous Policy Committee (IPC) officially launched the Union’s Welcome to Country Policy on the first day of National Council 2009. The policy was endorsed unanimously by Council delegates and applies to the NTEU National Office, Divisions and Branches.

The policy has been designed to provide assistance and guidance in acknowledging and paying respect to Aboriginal and Torres Strait Islander peoples at official NTEU functions and events.

NTEU has a proud history of working with Aboriginal and Torres Strait Islander members and communities to improve our working conditions, rights at work and continue our strong focus on social justice issues.

Through the Welcome to Country Policy, the Union recognises, respects and acknowledges Aboriginal and Torres Strait Islander peoples’ unique position in Australian history and their deep-seated connection to land, traditional culture and heritage.

The Welcome to Country Policy ensures that all levels of the Union: • Recognise and pay respect to Aboriginal and Torres Strait Islander Elders, communities and their cultures.

• Communicate Aboriginal and Torres Strait Islander cultural practices to the NTEU

membership and the broader community, to promote learning, respect and understanding.

• Demonstrate that Aboriginal and Torres Strait Islander cultures are sustainable and enduring through the maintenance and practice of ceremonies and cultural protocols.

• Demonstrate the recognition of Aboriginal and Torres Strait Islander people’s cultures and connection to land, and through this, assist in building ongoing relationships and partnerships, in Indigenous communities and with other Australians.

The Welcome to Country Policy provides information on appropriate Aboriginal and Torres Strait Islander cultural practices and how to incorporate these practices into all official functions and events. A Adam Frogley, National Indigenous Officer NTEU Welcome to Country policy c www.nteu.org.au/ getinvolved/equal/indigenous/welcome_to_country Cover artwork: Effie Serico

Batchelor outlook improves

T

he future outlook for Batchelor Institute is looking promising, with an announcement by the Deputy Prime Minister and Education Minister, Julia Gillard, that the Federal Government will provide additional funding to ensure the ongoing viability of Australia’s major Indigenous higher education provider.

As part of the announcement, administrator KordaMentha has been appointed to examine Batchelor’s finances and make recommendations on restructuring the current business model.

NTEU NT Division has been involved in discussions with the NT Government and the administrator to ensure that Indigenous and non-Indigenous positions are not lost during the course of the restructure.

The Union will continue to monitor the situation and will seek regular meetings with KordaMentha to ensure the restructure has little impact on Batchelor’s dedicated and community focused staff members. A

12

National

ion

ucation Un

Tertiary Ed

ls y Protoco to Countr Welcome

Policy

Indigenous Forum rescheduled

I

ndigenous Forum will be postponed from November 2009 to May 2010 to ensure Indigenous members are able to participate in proactive planning and preparation of motions for National Council in 2010.

There are also a number of important Indigenous education conferences being held late this year, to which NTEU Indigenous delegates will be attending.

Last year’s Forum was a special event associated with the World Indigenous Peoples Conference: Education (WIPC:E), given the international presence of so many of our Indigenous colleagues. In 2010, Forum will return to its usual place in our events calendar.

The dates will be confirmed by close of business this year. Please contact Adam Frogley, National Indigenous Officer on (03) 9254 1910 or email afrogley@nteu.org.au for any further information. A

NTEU ADVOCATE

international students

F

ew people would question the enormous economic and social benefits that Australia derives from international students studying in Australia. According to the latest data (2007) there were approximately 540,000 international students studying in Australia across the higher education, vocational education, schools and intensive English language programmes.

NOVEMBER 2009 www.nteu.org.au

fundamental human rights are not violated. Reports of students being exploited by rogue education agents or providers indicate a failure of the regulatory framework for provision of education to international students.

The data in Figure 1 shows that in 2007 higher education remained the largest sector in terms of international student numbers, however continued over page...

543.9

600

500 2004

2007

323.9

400

300

28.8

27.3

41.5

31.8

16.8

100

61.7

125.7

143.6

200

182.8

These students generate more than $15 billion in international income for Australia. In addition to these direct economic benefits international education also enriches Australian education perspectives and practices, broadens understanding of our region and increases mutual cultural understanding.

One cannot and should not downplay the seriousness of the violent and racists attacks experienced by international students living in Australia that have been the subject of media headlines here and overseas in recent months. However, in addition to the safety and welfare issues that these headlines raise, much of the recent publicity has also highlighted the fact that many international students are being exploited by rogue education agents and providers.

Much of this media coverage has made it clear that many students are being brought to Australia under false pretences, such as the promise of guaranteed future permanent residency. In other cases international students are being delivered a quality of education which is well below what any Australian citizen would consider to be satisfactory.

NTEU considers the right to work, study and live in a safe environment as well as having access to appropriate welfare services as fundamental human rights. In this respect we believe it is the responsibility of not only universities and all levels of government, but also the broader Australian community to ensure that these

150.7

Indian students protesting in Melbourne, 31 May 2009. Photo courtesy Will Ockenden

International student crisis

0 Higher Ed

Public VET

Private VET

Schools

ELICOS

Total

Source: NCVER Student Statistics 2008 (Table 17)

Figure 1: Total International Student enrolments by Sector, Australia 2004 and 2007 (‘000) 13

international students

Difficult times ahead for universities and TAFEs if international student numbers decline I

nternational students have recently made the headlines after a number of high-profile assaults against Indian students NTEU and many other groups, including student organisations, academics and community organisations have been pointing out that international students are often exploited, subject to assault and experience discrimination.

....continued from previous page its share of total enrolments has declined from about a half of total enrolments in 2004 to a third in 2007. The data also show enrolments in the VET sector are quickly catching up to higher education. Enrolments with private VET providers increased from approximately 41,500 in 2004 to over 143,000 by 2007.

Given the financial incentives of the international student market, and the apparent relative regulatory ease that private providers in the VET sector have in establishing themselves with the market, it is not surprising that there has been a rapid expansion. However, as a result of these conditions, it is the private VET sector that has been targeted by the bulk of so-called rogue providers 14

complex issues surrounding international student education and safety. Professor Nyland and Ms Smith pointed out that international students face dangerous and unsafe housing choices due to their low income, and face poor working conditions and cash-in-hand jobs due to visa restrictions and lack of information on Australia’s industrial relations entitlements. Furthermore, in Victoria, international students experience social isolation, a problem not helped by the Brumby Government’s continued resistance to the idea of issuing concession cards to international students.

The Victorian and Commonwealth Governments have belatedly acknowledged the dangers faced by international students, who generate $15 billion for the Australian economy. A report from the Overseas Student Education Experience Taskforce (Victoria) was issued in December last year. The report found that ‘the experience by overseas students in Victoria is a positive one’.

The sad reality seems to be that attempts to open the VET sector to greater market competition has resulted in a number (even if they only represent a very small minority of providers) who are willing to exploit international students for short term profits. The damage the existence of such providers is doing to Australia’s reputation for high quality education is obvious.

NTEU has made a number of specific recommendations as to how we believe the regulatory framework should be strengthened. Our analysis and recommendations can be found in our submission to the Senate Inquiry into the Welfare of International Students. A Paul Kniest, Policy & Research Coordinator

However, it also acknowledges that safety and welfare of international students is a major concern.

Course quality, especially that provided by the private sector, is and will continue to be a real issue. A few unscrupulous private providers, offering qualifications for cash, or misleading students about the educational experience they would receive, must be addressed seriously by the Brumby Government.

These few dodgy private providers are a cancer in the system, and threaten the entire sector. During the Skills Reform debate last year, the quality concern was one consistently raised by NTEU with the Victorian Government. We were effectively told ‘trust us’.

Unfortunately, international students still face the prospect of being mislead by dodgy providers, unethical employers and slum-landlords. A Alex White, NTEU Vic Division Communications and Campaigns Officer

Photo: Adit Mawar

Recent news coverage has also pointed out that many international students are exploited by unscrupulous private training providers – a problem likely to get worse in Victoria as a result of the Brumby Government’s Skills Reforms.

The safety and satisfaction of international students is of great concern to the tertiary education sector, for a variety of reasons: • For the ethical obligation that staff hold for students’ safety.

• Because of their human, education and workplace rights.

• Because of the immensely important position international students have in Australia’s economy.

Were international student numbers to decline, this would see major financial difficulties for many TAFEs and universities.

The last issue of NTEU Victorian Division magazine, Nexus, included an article by Monash University academics Chris Nyland and Sharon Smith, highlighting the many

NTEU ADVOCATE

international students

Is this the right kind of student experience?

H

ardworking and exhausted international students are a feature of the modern university. Amit Purdani is a perfect example of one of the 20% of all international students that head home with a negative view of their Australian experience. From the rapidly industrializing Punjab he studied at a private college he calls ‘a joke’ before entering UTS as an engineering student. Amit lives in an affordable unit in Penrith but pays over $60 a week in transport because he lacks student concession.

This would work out to be about a quarter of his weekly earnings if he kept to his visa requirements. While his parents paid for his tuition, to survive through the term in Australia he works at a restaurant where he gets paid under the counter. Amit’s boss knows that if reported to DIAC, he will face mandatory deportation for working over 20 hours a week, so when he works 14 hour grave yard shifts without breaks or loading – he doesn’t complain. Unsurprisingly, he often feels unsafe traveling home after midnight and can understand why the Harris Park students rioted earlier this year ‘it isn’t just about safety, it is about security. We do not feel secure. It effects our marks’.

International students face systemic discriminations that intersect in diabolical ways to create a mass of sticky issues that have no clear solutions and cross multiple government and ministerial jurisdictions.

When discussing the international education, and its substantial growth and change, the main focus in most media and government reporting is the economic benefit to the country or region. Subsequently, changes most likely to take place in legislation and policy are often determined by the economic benefit. For example, if there is a perceived threat to the economic benefit, the change will happen quite abruptly. Interestingly, if there is no perceived threat but rather a cost to the government, change is unlikely, despite outcry from the industry as a whole, such as in the public transport concession debate.

The economic benefit is further threatened by the current public scrutiny of the international education industry and the welfare of international students. Media articles manipulate statistics to either expose a large problem or cover one up. For example, statistics revealing the number of international students deaths in Australia over a period of time were alarming until put into perspective by Alan Olsen in Campus Review who noted that the number was far below that of the general population in a similar age group. Further to this Olsen said ‘governments and universities owe it to the students to get their experience right.’

The number of deaths is extremely important, but we should be now concentrating on improving the students experience during

their journey. We know how many students enroll, graduate, gain permanent residency, and sadly die, but how many are ‘injured’ along the way? In Australia, we have highly regarded, replicated and detailed regulation of international education. We have world-class health facilities, emergency services, education providers, and workplace protections. We need to question why and where these services are failing international students. We need to genuinely want to know the answer so improvements can be made.

Additionally, we are now being fed media reports of how many ‘dodgy’ education providers the government may shut down. What is important is not the end result for those providers, but rather the providers who have been investigated should be encouraged and required to improve and provide the students a high quality education.

There are increasing reports of students being deceived before they arrive and then they face exploitation in housing, work, and education. NUS, in its submission to the recent Senate inquiry and the Baird review has requested a fair and transparent complaints authority for students, closer monitoring of the responsibility for duty of care placed on education providers and adequate penalties for those who are clearly breaching the Education Services for Overseas Students (ESOS) Act 2000. Rather than the ESOS Act remaining a tool for catching out non-genuine students while the education providers and the fringe industry rake in the cash, the Act needs to be monitored and enforced in all areas.

The National Union of Students (NUS) asked the Senate Committee to consider the Welfare of International Students when making recommendations. We cannot continue with buck passing and putting the impact on the industry before the welfare of the students. The industry will continue to make its billions. Australia has nothing to lose and everything to gain in using the current inquiries that are taking place to ensure that the way forward provides the highest standard of care and education for international students in all sectors. We have one opportunity to get the experience right for each and every international student. A Sharon Smith, NUS Research Officer and David Barrow, NUS President

National Council resolution on international students ‘National Council strongly supports the need for a re-examination of the current legislative frameworks, practices and protections that regulate the international student market, with a view to guaranteeing the quality of education as well as improving student security and welfare.’

Read the full text of the resolution c www.nteu.org.au/about/organisation/nationalcouncil/2009

NOVEMBER 2009 www.nteu.org.au

15

UNIVERSITy bargaining

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16

NTEU ADVOCATE

UNIVERSITy bargaining

N

TEU members at 20 universities across Australia took industrial action during September, and into October, to support claims for new Collective Agreements. The actions included 24-hour stoppages at most universities (University of Tasmania stopped work for four hours) and a range of bans on various work.

University staff are demanding more respect for the vital role they play in ensuring a quality output by the university community.

Respect at work means: • Manageable workloads.

• Reasonable work/life balance.

• A decent pay rise.

• Better job security for all staff.

While some universities have reached satisfactory settlements, many universities are yet to finalise new Agreements and are still clinging to the discredited industrial regime that John Howard imposed.

Members have focused on the inadequacies of the now expired Agreements on job security, workload controls, dispute resolu-

NOVEMBER 2009 www.nteu.org.au

tion processes and the use (and abuse) of casual and fixed-term employment. NTEU’s claims for this bargaining round are specifically aimed at redressing these priority issues.

Taking industrial action is far more complex now than it was before WorkChoices.

Under the regime that still applies in the Fair Work Act, unions are required to hold a secret ballot of members to authorise industrial action. At least 50% of members need to vote for the ballot to be valid, then each option for action needs to be supported by over 50% of those who vote.

We were able to mobilise a veritable army of activists and staff with the aim of contact-

ing every affected member, to talk to them about the issues and the importance of them voting. This proved to be a successful strategy – over 8,000 members were spoken to individually over three weeks; over 66 per cent of members voted in the ballots; and nearly 85 per cent of members who voted supported a 24-hour stoppage.

Thank you to everyone who took par tin actions. Details of the activities in each state are included in the following pages. A Michael Evans, National Organiser NTEU members march down Swanston St, Melbourne, on 16 September.

Photo: Atosha McCaw.

17

UNIVERSITy bargaining

Splendour up north A

fter months of bargaining with little progress, and a convincing ’Yes’ vote from members, the stage was set for a 24 hour strike on 16 September at James Cook University (JCU), University of Queensland (UQ), Queensland University of Technology (UT) and Griffith University (GU).

At close of business on Monday 14 September, negotiators from JCU and NTEU had reached an acceptable Heads of Agreement. So, no strike for them on Wednesday. Was that a collective sigh of relief from the north of the State?

At the beginning of a very warm Spring day, our picketers took up their positions ready for action. We were the long purple line at QUT, the wavers and the shakers at GU and the UQ ‘push’ (so called because the picket line at a bus stop managed to push the buses back up the Eleanor Schonell Bridge). Members at GU Gold Coast and UQ Gatton were equally determined to show that there was a lot of fun to be had outside the metropolis.

Back in Brisbane, at 10am we packed up and headed off by car, bike, bus and ferry to riverside Orleigh Park for our ‘Splendour On the Grass’ event. Under the magnificent Moreton Bay figs members met colleagues from other universities, swapped picket stories, had a barbecue lunch, a complimentary coffee and some played soccer.

Carolyn Allport spoke to us of happenings elsewhere in the country and the strength we achieve by acting in concert. The day ended with some saying that it was ‘the best day I have had in a long time’, ‘we must do this again’, ‘the Coffee Cart was a fabulous touch’, and ‘who bought the Bob Dylan!?’ Thanks to everyone that made the day a success.

Later actions University of Southern Queensland (USQ) and University of the Sunshine Coast (USC) staff took action on 30 September. The picket and sausage sizzle at the main entrance of USQ Toowoomba enjoyed excellent coverage and reporting by local media. Management actively tried to discourage the action and put a large disparaging news item on its website. This allowed the Branch to further respond in some detail to staff.

A significant number of the USC membership went on strike and several attended the colourful and spirited peaceful protest at the University entrance. Media coverage was very good, and students appear to be supportive. Management kept a low profile.

After striking on 16 September and a range of actions including bans on student results on 1 October, UQ members took industrial action for the third time in support of their bargaining claims on 20 October. A Barb Williams, Queensland Division Organiser Top: Picket line at USC. Photo: Barb Williams.

Middle: Stephane Le Queux and Glenda Strachan (GU) at Splendour on the Grass. Photo: Bill Danby.

18

NTEU ADVOCATE

UNIVERSITy bargaining

A unified front in Adelaide T

here was a strong response from staff at the three South Australian universities to the strike on 16 September. With most members decked out in our striking teal/cyan ‘Respect At Work’ t-shirts, the Union presented as a unified force for university staff rights and conditions.

The excellent turn out reflects the growing feeling among all staff that the three university managements have been only going through the negotiating motions and have not recognised the need to move on from the WorkChoices agenda to the new post-HEWRRs era.

The pickets outside of Flinders University, the University of South Australia and the University of Adelaide were most colourful, and received strong support from staff and the passing public. The lunchtime meeting held in the city, at Hindmarsh Square, was addressed

by Ken McAlpine (NTEU Senior Industrial Officer) and Janet Giles (Secretary SA Unions).

Ken stressed how the bargaining process was seeking to address long term issues that went beyond overall salaries and working conditions to such matters as casual and Indigenous employment. Janet spoke about how all unions are struggling with recalcitrant employers who are refusing to recognise that the Howard laws have gone and that fair working conditions have to be restored.

There was excellent media coverage of the strike and rally. What was notable in this coverage was the strong support given to the strike by student representatives, who spoke of the over-use of casual staff and the need to reduce class sizes. A

This page, clockwise from top: A staff member is provided with information at the NTEU picket line at University of Adelaide; University of Adelaide Branch President, Rod Crewther, interviewed for the local news. Photos: Jess Cronin; Ken McAlpine, NTEU Senior Industrial Officer, addresses the crowd in Hindmarsh Square. Photo: Michael Venning; Picket line at Flinders University. Photo: Jo Hall.

NOVEMBER 2009 www.nteu.org.au

19

UNIVERSITy bargaining

Statewide solidarity in actions at NSW universities S

even NSW universities undertook 24-hour strike action in September 2009. Charles Sturt University (CSU) and University of New England (UNE) went out on 9 September; Macquarie University, University of New South Wales (UNSW), Southern Cross University (SCU), University of Western Sydney (UWS) and University of Wollongong (UOW) went on strike on 16 September. Members at the University of Sydney had voted to take strike action on 16 September but were able to call their action off at the 11th hour after reaching agreement with management.

Picket lines established at each site were well attended and of particular note was the number of new members who had joined throughout the course of the campaign and who were participating on a picket line for the first time.

The unprecedented level of individual contact the Union had with members during the ballot process, with over 80% being contacted across eight Branches, also proved beneficial both in terms of compliance with the strike and attendance on the lines.

Picket lines were supplemented with organised rallies and barbecues at a number of Branches and these were also well supported, including support from other unions and students.

At UNSW, members of the CFMEU walked off a building site and marched to the gate to join hundreds of NTEU members at a lunchtime rally. At UOW, members of the student association joined the picket line and proudly displayed a banner proclaiming staff and student solidarity.

20

regional areas where it played a large role in ensuring that students stayed away from the institutions.

The work members did at CSU and SCU in establishing good relationships with local media meant that not only was the action covered, so too was the build up, including the ballot process.

Building membership

At UWS, NSW Greens MP Lee Rhiannon addressed picketing staff at a rally on the Parramatta campus, while a number of UNE Union members addressed the enthusiastic lunchtime crowd outside the court house in Armidale.

Getting the word out Media coverage was excellent across the State, but was particularly effective in the

Recruitment has been strong in all Branches where there has been strike action with the biggest increases coming at Macquarie which has experienced a 12% growth in membership figures in 2009, with a large proportion of those joining directly as a result of the campaign for better terms and conditions. A Jo Kowalcyzk, NSW Division Organiser Above: Picket line sign at UNSW. Below left: Susan Price, UNSW Branch President, being interviewed. Photos: Aaron Magner, www.flickr.com/photos/39547387@N03 Below right: UNE members rally outside the Armidale Court House on 16 September. Photo: Helen McLennan

NTEU ADVOCATE

UNIVERSITy bargaining

Brave new digital world of industrial action I

n these days of social media, Facebook, Flickr and Twitter, it’s only natural for industrial action to start its first steps into the digital era. NTEU Victorian Division live-tweeted the strike at Melbourne University and RMIT on 16 September.

This involved sending ‘tweets’ (short update messages) as events unfolded throughout the day. The tweets were instantly visible on NTEU’s bargaining website (www.universitybargaining.com.au), as well as its Twitter site (www.twitter.com/nteuvictoria). Updates included quotes from members and descriptions of the picket lines.

The Victorian Communications Officers who live-tweeted the strike also used two new social networking tools, called TwitPic (which allows photos to be instantly uploaded to the internet and made visible) and TwitVid (similar to TwitPic, but instead recording and publishing short videos).

Members on picket lines and on the march were interviewed, with their comments published in real-time.

Matthew McGowan, NTEU Victorian Division Secretary said: ‘This is the first major strike that we have ever live-tweeted, and is the first time the NTEU anywhere in Australia has used the instant communications available on social media to send messages, images and video of picket lines and the rally.’

Hundreds of NTEU members at Victorian universities that were not on strike were able to tune into the tweets from RMIT and Melbourne University. Members, including those from NSW and Queensland, also sent tweets of their experiences of the strike, allowing live, Australian-wide communication and updating of the strike and picket lines.

NOVEMBER 2009 www.nteu.org.au

A special video of the picket lines was prepared for supportive members at the University of Ballarat (UB) where they already have a Collective Agreement.

‘It’s not often that staff from UB can watch, support and participate online with the action at another university such as RMIT or Melbourne University,’ said Jeremy Smith, NTEU UB Branch President.

‘We are able to do this because a significant number of university staff use online social networking, such as Twitter, YouTube and Facebook. At the last rally we held, we got a lot of requests from staff who stayed home or who were overseas, asking for TwitPics and video clips of events as they unfolded,’ Mr McGowan said.

The strike day culminated in a march of members at RMIT and Melbourne, ending with a rally at University Square in Carlton.

Members were addressed by the Branch Presidents of RMIT and Melbourne, and by NTEU General Secretary Grahame McCulloch.

The key demands for members on strike were professional respect, job security, reasonable workloads and improved conditions for casual and professional staff.

The march and rally were filmed and put onto video-sharing sites YouTube and Vimeo. A Alex White, Victorian Communications & Campaigns Organiser For more on the use of new media in union campaigns, see Pat Wright’s column, ‘Wondering Twibes’, p. 34

Social networking links c www.universitybargaining.com.au www.twitter.com/nteuvictoria www.facebook.com/nteuvictoria vimeo.com/nteuvic www.twitvid.com/videos/NTEUVictoria twitpic.com/photos/NTEUVictoria www.flickr.com/photos/nteuvic

21

UNIVERSITY BARGAINING

Striking for new Agreements at Curtin & Murdoch A

fter months of frustration at the refusal of Curtin and Murdoch Managements to make offers that adequately address the NTEU’s claims, members conducted a 24-hour strike at both Universities on 16 September.

The day began with NTEU members holding picket lines at all campuses before heading into Perth for a combined University rally.

Members at both Curtin and Murdoch have been angered in the lead up to the strike by both managements’ attempts to undermine support for the strike and play down staff concerns over negotiations. This included Curtin University making an offer of 18% over five years along with significant reductions in working conditions.

Murdoch University management had refused to discuss any possible wage offer in the months leading up to the strike, but have indicated that they would be seeking substantial reductions in conditions including halving redundancy entitlements for new staff in exchange for salary increases.

Information leaflets explaining the importance of the NTEU’s claim were distributed to staff and students at the picket lines. NTEU was joined in this strike action by all the other staff unions operating at Murdoch and Curtin.

The central rally was held in Victoria Gardens, East Perth, and was attended by around 200 union members. Members from Curtin and Murdoch branches were joined by some members from UWA and ECU branches, as well as student representatives and representatives from UnionsWA. The rally was Welcomed to Country by Reverend Sealin Garlett. The rally was addressed

by Jan Sinclair-Jones (Curtin Branch President), Christina Ballantyne (Murdoch Branch General Staff Vice-President), Ted Murphy (NTEU Assistant National General Secre-

22

tary), Simone McGurk (UnionsWA Secretary), Luke Villiers (NUSWest President) and Dr Lyn Bloom (NTEU WA Division Secretary).

The day’s action sent a clear message to the managements at Curtin and Murdoch that they need to take claims of the NTEU and other staff unions seriously and seek to move towards finalising negotiations on new agreements. The message was clearly sent to these managements that if they don’t, they risk facing increasing frustration from their staff, and the possibility of further industrial action.

NTEU membership at both branches has soared as a result of the campaigning activities over the branches during bargaining and industrial action – with Curtin Branch increasing by around 12% and Murdoch Branch by around 26%. A Chris Latham, WA Division Organiser

This page, clockwise from top: Jan Sinclair-Jones (Curtin) speaking at Victoria Gardens; Christine Ballantyne (Murdoch) addresses the rally; Empty car park at Murdoch University on 16 September; Members from Murdoch’s Faculty of Minerals & Energy at the picket line. Photos: Kate Gale

NTEU ADVOCATE

Continued action by Tasmanian members W

hile members at the University of Tasmania (UTAS) sent a strong message to management on 21 May, it was obviously not strong enough. Negotiations continued to be ineffective as the NTEU Collective Bargaining team was further frustrated by UTAS management’s continued avoidance of the key issues. sites to ensure the greatest effect. We also Management decided to promote Agreetelephoned members to remind them of the ments which would expire on 30 June 2010 impending stoppage, and again made use of with no further salary increase, on the back mobile phone reminder messages. of an administrative increase of 4% on 30 Our first stoppage was 16 June 2009. In consultation with our memSeptember, timed to coinbers, we decided that furcide with broader action ther industrial action was across the nation, and it warranted, and we planned was focussed at our main a series of rolling 4-hour mber southern Tasmanian camstoppages in September. in sepHotbaert, TAFI, Menzies,ScSyhodnoleyof Art Music, 16 utas puses. We held a rally in The idea of rolling stoptorium of va er ns us camp 18 Co newnham mc /a as the centre of the main pages appealed because 22 ut campus inveresk e h 23 utas t Sandy Bay campus at we could move our staff and t uppor in We s s 1 pm, supported with some key officials and activn tio U ac music and speeches. ists around the various sites to r NTE embe Sept We handed out inforensure that even smaller sites mation flyers to stureceived attention. Members dents and staff, and also favoured a 4-hour stopalso ran a barbecue page as it ensured that people u ing.com.a for those gathered. ybargain were still there for a half-day, it s r e iv www.un On 18 September, and therefore would reduce the we held a morning stoptemptation for members to stay page for the School of Art/Conservatorium home and not provide visible supof Music members, and our venue was the port at rallies. iconic IXL Building site for the Art School. We Again, communication with members and had great support for the rally and overall with the rest of the University was a priorthe feeling was great. ity. We wrote to members to let them know The following week, the staff and the Diviabout the scheduled stoppages, and we had sion President relocated to the north of the negotiated the times and dates of the stopState, and held a 4-hour stoppage on 22 page with the members at some smaller r sities matte Our univerINVESTING IN PEOPLE & SOCIETY

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NOVEMBER 2009 www.nteu.org.au

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September at the main Launceston campus – the Cradle Coast campus further west at Burnie also held a stoppage at the same time. The turnout was good considering that the weather had not smiled upon us, but the drizzle did not dampen the spirits of the members who gathered, well supported by many students.

On the following day, the rolling stoppages were concluded at the smaller Inveresk campus in Launceston, home of the schools of Visual and Performing Art and Architecture. The sun was back in fashion, and the support from members and from the student body was great.

In addition to the stoppages, members have been applying a number of workplace bans across the second semester, and are holding in reserve the possibility of withholding of student results in the upcoming exams. The hope is that these further statements of dissatisfaction from UTAS members have the desired effect, and assist UTAS management to come to the bargaining table with improved attitudes, and indeed improved proposed Agreements. A Kelvin Michael, NTEU Tasmania Division President Left: Kelvin Michael addressing members at the stoppage.

Right: Vocally supportive UTAS members. Photos: Rob Binnie

23

policy

Shades of Gray for intellectual property rights Paul Kniest NTEU Policy & Research Coordinator

Photo: Pederk 24

O

n 3 September 2009, the Full Bench of the Federal Court dismissed an appeal by the University of Western Australia (UWA) against a judgement by Justice French in the Federal Court of Australia in the matter of UWA vs Gray. Justice French found UWA did not automatically own the intellectual property on an invention to treat cancer which was developed while Dr Bruce Gray was an academic employee at the University.

In its appeal decision the Full Bench agreed with Justice French where he concluded: ...that in the absence of express agreement to the contrary, rights in relation to inventions made by academic staff in the course of research, whether or not made with the use of UWA resources, ordinarily belong to the academic staff as the inventors under the Patents Act 1990 (Cth) (Patents Act) . [53] The basis of UWA’s case was that in the absence of an express agreement around ownership of intellectual property in relation

to inventions, there is an implied term in Dr Gray’s contract of employment which meant any intellectual property developed by him in the course of his normal duties (which included a duty to research) was owned by UWA. While the original case and the appeal clearly noted that any finding in relation to ownership of intellectual property developed by an academic employee of the university should be considered on a caseby-case basis, it also indicated that the findNTEU ADVOCATE

policy ings may have broader implications, for instance, where it states that: the issue of ownership of other forms of intellectual property produced by the academic staff of a university (and of copyright in particular) marches hand-in-hand with the present [180]

Nature of universities and academic employment While it might be argued by universities that this was essentially a ‘technical decision’ with limited application to inventions and not to broader intellectual property, it needs to be noted that both the original decision and the appeal placed a great emphasis on the fact that UWA is a university and that Dr Gray was an academic employee.

The courts acknowledged, while the modern reality is that all universities are engaged in some form of commercial activity, for the purposes of this case they were not characterising a university ‘as a commercial enterprise pursuing commercial purposes’ [133(v)]. Universities were seen as institutions which had public purposes including expectations around the obligation to create and disseminate new knowledge. Although not directly relevant to the case at hand, the appeal court noted: It is almost unnecessary to add that it is the coalescence of teaching (with its dissemination of knowledge) and research (with its generation of knowledge) that is so characteristic of universities and (save in the case of the university researcher with no teaching responsibilities at all) differentiates the university academic from the researcher in private enterprise. [123] The courts were clearly persuaded by arguments which said that the nature and purpose of a university also had implications for the nature of the (implied) employ-

ment relationship between universities and their academic staff. Important factors distinguishing the nature of this relation from that of researchers employed elsewhere, and other employees, included: • Academic freedom and self-determination in relation to choice of research.

• Freedom to publish research results.

• Freedom to collaborate with researchers in other institutions.

• An expectation to solicit research funds from outside their own institutions.

Many of these factors, which might have traditionally been conceptualised as academic rights, are likely in a modern context to be considered as obligations against which an academic staff member’s performance is measured.

Implications In broad terms the findings of the appeal is that a university and the nature of academic employment should not be seen in the same light as those applying to a commercial enterprise. As a consequence universities cannot, and should not, assume they automatically own the intellectual property generated by their academic staff. While these might be considered to be self evident to our members, the general public and the Federal Court of Australia, it is clear from the nature of the appeal that such a view is not shared

by UWA (and we would speculate most other universities). Indeed the appeal hearing acknowledged this when it stated that: UWA has been reluctant, perhaps understandably, to engage with the questions: ‘What is a modern university such as UWA and what are its purposes?’ [96 (v)] If UWA and other universities accept these decisions (they may be considering a further appeal to the High Court) but still believe that they are entitled to own the intellectual property generated by all of their

employees, then the next logical move will be for universities to attempt to close-off what they might consider to be inconvenient ‘loop holes’ in existing employment contracts.

We anticipate that some universities will attempt to include specific terms within letters of appointment, either directly or through reference to university policy, that assign the intellectual property created by employees to the university.

An alternative approach raised

by Gavin Moodie is that universities might seek to clarify the nature of academic employment by ‘tightening staff management’ and ‘restricting staff’s considerable discretion in the subject and conduct of their work’.

Such an approach would be clearly unacceptable to academic staff but it highlights the difficulties around questions of intellectual property rights at universities for policy makers. Would universities be in a position to, as Moodie puts it, ‘reverse their commercialising trend of the past two decades and return to their public interest principles’? A

Do you want to receive the Australian Universities’ Review, NTEU’s journal on higher education?

NTEU members are entitled to a FREE subscription. Simply login to www.nteu.org.au and edit your Profile (in ‘Publications and Communication Preferences’), or email aur@nteu.org.au.

NOVEMBER 2009 www.nteu.org.au

25

ENVIRONMENTAL SUSTAINABILITY

Towards a sustainable campus Michael Evans National Organiser

Above: Laboratory for Visionary Architecture’s ‘Green Void’, a spectacular sculptural installation suspended in the central atrium of Sydney Customs House. Photo: Chris Bosse, LAVA 26

C

arbon, Green Skilling and Water Conservation were the major themes of the ninth annual Australasian Campuses Towards Sustainability (ACTS) conference held at Macquarie University in October. ACTS has established itself as the umbrella body for sustainability initiatives in the Australasian tertiary education sector. Its mission is to give practitioners the resources and knowledge to promote environmentally sustainable development on their campuses, and to have education for sustainability integrated into higher education curricula.

Twenty-five Australian universities, two New Zealand universities and two Australian TAFE institutes are currently ACTS members. NTEU became an affiliate member during 2009.

The conference’s jam-packed program covered an ambitious range of issues, from sustainability practitioners talking about particular initiatives at different institutions, through to discussing the theoretical and practical frameworks required to change the culture of large institutions so that sustainability is embedded at every level and influences major decision-making.

And in an interesting example of practising what you preach, the conference sought to be ‘paperless’ from start to finish. Agendas and other information was only provided electronically; presenters who used PowerPoint slides were asked to make the information available electronically for attendees, rather than distributing paper versions.

It made for a refreshing change from the normal fare of feeling that a forest has been sacrificed to enable the conference to occur.

The conference’s keynote speakers included Professor Tim Flannery, a leading NTEU ADVOCATE

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NTEU moves on climate change policy

T

he 2009 NTEU National Council adopted a policy on climate change that calls on the Labor Government and opposition parties to support:

1. Abandonment of the Carbon Pollution Reduction Scheme (CPRS) legislation and development of a national pollution reduction strategy that does not primarily rely on market mechanisms.

2. A target of a minimum 40 per cent reduction in greenhouse gas emissions on 1990 levels by 2020 as a step towards net zero greenhouse gas emissions.

3. A planned transition from coal-fired generators to renewable energy sources, including re-skilling and good

Australian scientist and environmentalist, who gave an overview of the environmental and social responsibilities that tertiary education institutions have in society.

Radio presenter Adam Spencer gave a very entertaining session on how the size and nature of universities – communities that are as large as many of Australia’s provincial cities, as well as being a key focus for research and inquiry – mean that these institutions have a significant role to play in developing and promoting sustainable practices day-to-day, at the same time as being at NOVEMBER 2009 www.nteu.org.au

quality alternative employment for affected workers.

4. An urgent public investment program in public transport, renewable energy and the sustainable retrofitting of the nation’s housing stock.

5. Legislation that gives effect to the Just Transition recommendations endorsed by the ACTU and the United Nations Environment Program and ensures the social costs of climate change mitigation and adaptation are not borne disproportionately by households.

the forefront of cutting-edge developments of research and technology around climate change and sustainability.

The conference’s most valuable keynote address was delivered by Leith Sharp, an Australian who was the founder, and until recently Director, of Harvard University’s Green Campus Initiative. Leith talked about her experiences since March 2000 when she was first invited to establish the Initiative, and the small and large changes that have occurred at Harvard that have made it one of the world’s most successful institutions at

6. Development of a national green employment strategy that meets international best practice standards on decent work and measurably reduces greenhouse gas emissions.

7. Development of a national strategy that identifies unsustainable industry and consumer demand levels, and addresses their employment implications.

8. Amendment of the Fair Work Act in line with ALP 2007 policy to facilitate bargaining on environmental claims by industrial parties.

National Council also agreed that NTEU should hold a conference on climate change in 2010, focusing on the climate change policy agenda post-Copenhagen and its relevance for NTEU members and the union movement in general. A

adopting positive sustainability practices at all levels.

Leith is now focusing on further developing the frameworks around organisational and social change that will assist universities to adopt a ‘systems-wide’ approach to sustainability and make the cultural and other changes necessary at all the institution’s levels and in all its practices. A Michael Evans, National Organiser ACTS c www.acts.asn.au Harvard Green Campus Initiative c www.greencampus.harvard.edu 27

education

Dancing to victory The battle to Save the VCA 28

NTEU ADVOCATE

I

n June this year, the bungled amalgamation of the Victorian College of the Arts (VCA) with the Music Faculty of the University of Melbourne boiled over onto the streets of Melbourne. Staff cuts, budget deficits, unhappy students and a new Dean intent on eradicating the unique culture and traditions of the VCA have seen one of the most vibrant and creative campaigns in recent times.

The ingredients are all there: an uncaring university senior management, creative and dynamic students, angry staff and a list of celebrity alumni that included Oscar and Emmy award winners.

In 2007, the VCA was amalgamated into the University of Melbourne, following the removal of funding by the then-Federal Education Minister, Brendan Nelson. The merger was accompanied by positive statements from the Vice-Chancellor and the State Minister that the unique heritage and culture of the VCA would be maintained.

Two years later and the six distinctive schools of Dance, Drama, Film and Television, Music and Music Theatre, Production and Puppetry, and the Visual Arts have been merged into just three. The Music School has already been merged with the University’s Music Faculty.

A series of public statements by the new Dean, Professor Sharman Pretty indicated that the University, with her support, was planning on transforming the VCA into Australia’s premier arts training institution into one that was academic and research focused. Puppetry and Music Theatre would be cancelled, despite Music Theatre being launched with much fanfare only two years earlier, and Puppetry having produced an Oscar-winning alumni.

Furthermore, the Dean used the excuse of a Faculty deficit – which was largely manufactured – to start sacking many casual and sessional staff.

What really riled both staff and students were secret plans – that were uncovered by the Save VCA campaign – to implement a stripped down version of the highly regarded curriculum, effectively proposing to halve the number of teaching weeks.

Campaigning for the Arts Alex White NTEU Victorian Communications & Campaigns Organiser

NOVEMBER 2009 www.nteu.org.au

The Save the VCA campaign is a broad umbrella for a number of groups and organisations. NTEU has been intimately involved with the campaign, providing advice, strategic guidance and financial support for a core group of staff, students and alumni activists.

A website and YouTube channel were established, and a Facebook page was created which now boasts almost 13,000 members. A petition to the State Parliament has also seen over 13,000 signatures collected in only a few months. The petition is likely to be delivered to the Arts Minister later this year.

Calling in the cavalry A Save VCA rally in August saw over 2000 students and supporters take to the streets in colourful and loud piece of street performance. Academy Award winner Geoffrey Rush spoke at the rally, which was MC’ed by Julia Zemiro, VCA alumni and host of ‘Rockwiz’.

Aside from the enormous community support for the campaign, the Save VCA campaign has received the support of every living former Victorian Arts Minister, including Race Matthews, Mary Delahunty and even former Liberal Premier, Jeff Kennett!

Heads of galleries and production companies have also gone on the public record with their support for the campaign.

The University’s VCA Advisory Board was also a casualty of the campaign, with several high profile members resigning in protest at the University’s actions. The campaign has received bi-partisan support from the ALP, Liberals and the Greens.

The University of Melbourne, despite their small army of media advisors, have bungled their handling of the uproar. The Dean and Vice-Chancellor are now negotiating with the Save VCA group, following public support for the goals of the campaign by the current Victorian Arts Minister, Lynne Kosky.

The campaign is continuing, now focusing on ensuring that the VCA secures the funding it needs to preserve its training focused pedagogy. A Save VCA c www.savevca.org c www.youtube.com/user/SaveVCA c www.facebook.com/savevca Opposite page: VCA students, staff and supporters march in Melbourne in August. Left: Multi-award winning actor Geoffrey Rush addresses the Save VCA rally. Photos: Atosha McCaw 29

Wedding cake at Melbourne Equal Love rally. Photo courtesy Jessie Broome, www.j-studios.com.au

HUMAN RIGHTS

Momentum for EQUAL marriage rights F

ive years ago, when the Howard Government introduced the contentious same-sex marriage ban, just 38 per cent of Australians opposed the move, according to an SBS-commissioned poll. Most of us believed it was OK to deny gay and lesbian couples the same marriage rights as their heterosexual counterparts. But in 2009 the story is quite different.

A Galaxy poll conducted this June revealed that 60 per cent of Australians – three in five – now favour full marriage equality, and only 36 per cent agree with the Rudd Government’s view that marriage should remain the union of a man and woman.

This shift in public opinion was no more obvious than on 1 August 2009 – the national day of action for same-sex marriage – when more than 10,000 people took to the streets nationally to demand equal rights. People of all ages and professions joined forces to send a clear message to Labor politicians gathering in Sydney for their party’s national conference: we won’t settle for anything less than equality.

Tim Wright Equal Love committee member and former convenor

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Labor fighting a rising tide But the ALP rejected our demand, which came as little surprise to most of the protesters. The mood on the streets remained upbeat.

The large turnout had proven to us, as much as to the wider public, that there is now broad support for the cause. This was also obvious to Federal Minister Anthony Albanese, who described the movement for marriage equality as ‘unstoppable’.

NTEU ADVOCATE

HUMAN RIGHTS

‘The recent legislation to proscribe same sex marriage is one of the most shameful pieces of legislation that has ever been passed by the Australian Parliament.’

Alastair Nicholson AO , Chief Justice of the Australian Family Court, 1988–2004

Protester at Sydney Equal Love rally. Photo courtesy David Urquhart, www.flickr.com/photos/cactusdude666

Our challenge now is to maintain the pressure on the Government, and to continue building public support for the cause. We have designated 2010 as a ‘year of action’ for same-sex marriage, and will organise a series of actions around the federal election. They will not be confined to protests, but will also include advertising campaigns, letter box drops and a national petition.

The year of action will be launched officially this November 28 at rallies across the country (details are at www.equallove.info). Two days earlier, the Senate will report back on its landmark same-sex marriage Inquiry – which received more than 22,000 submissions, mostly from equality supporters – providing us with an important opportunity to build the momentum for change.

Discrimination for tradition’s sake There is no rational justification for continuing to treat same-sex couples as less than equal to straight couples. As a nation, surely we are mature enough to accept that the law should treat lesbians and gay men in the same way as it does everyone else. In a secular country like Australia, which defines marriage in civil terms, old-fashioned religious views on marriage should not hold sway in the parliament.

The best argument that conservatives have come up with against same-sex marriage is simply that marriage is, and has always been, between a man and a woman. Historians, of course, would point out that marriage has been many things throughout history, and it has adapted to the times. (Wives, for example, were once considered at law to be the mere chattels of their husbands.) Retaining discrimination for tradition’s sake is hardly a defensible position. We must discard the notion that some forms of love are less deserving of legal and social recognition than others.

Supporting equality We all have a role to play in the fight for equality. Unions have a particular interest in the issue, given that many union members are directly affected by the same-sex marriage ban. Historically, unions have been at the forefront of movements for the promotion of basic human rights. It should be no different for same-sex marriage. The National Tertiary Education Union, for one, brought hundreds along

Why NTEU supports marriage equality The Equal Love Campaign is supported by nearly 70 different organisations, businesses and community groups, including Amnesty International, the Human Rights Council of Australia, the Centre for Peace and Social Justice, the Centre for Children and Young People (Southern Cross University), the National Union of Students and the Council of Australian Postgraduate Associations.

NOVEMBER 2009 www.nteu.org.au

to our August 1 rallies, and has pledged to continue its support until the battle is won.

Australians have now come around to the idea of same-sex marriage. But our politicians are dragging their feet – afraid that, by legislating for equality, they might lose key votes from that diminishing group of people who believe in the need to keep marriage as an exclusively heterosexual institution. Let us make it clear to our leaders that, if they fail to do away with the ban, they risk losing the votes of Australians who believes in equal rights – a majority in this country. A Rallies in Melbourne, Sydney, Canberra and Brisbane on 28 November c www.equallove.info

As a progressive union that supports equity in the workplace and in society, NTEU also supported this year’s National Day of Action and actively encouraged members who wished to attend.

NTEU has a long history of campaigning on issues relating to equity and human rights, including the promotion of lesbian and gay rights. We recognise and celebrate the diversity of our members and as such actively support events that educate against prejudice and discrimination on the grounds of sexual orientation, in both the workplace and in the community. A

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INTERNATIONAL

Effect of economic crisis on Asia Pacific education O

ver 400 delegates and observers met in Bangkok to discuss Asia Pacific regional perspectives and the implications of the global financial crisis (GFC) for teacher unions, education and students at the Eduation International (EI) Asia Pacific (AP) Conference.

The NTEU delegation comprised of Grahame McCulloch (General Secretary), Ted Murphy (National Assistant Secretary), Terry Mason (National Executive member – Indigneous) and Len Palmer (National Executive member).

Australian unions were represented by NTEU, the Australian Education Union and the Independent Eduation Union. Most participants represented primary and secondary teacher unions, but about a dozen countries were represented at the tertiary level Higher Education caucus. Held the day before the conference proper, the caucus was chaired by Grahame McCulloch.

Ted Murphy presented a paper arguing that the GFC offered an unusual opportunity for education unions to argue for increased investment in education to stimulate local national economies.

The discussion that followed used this context to report on trends in respective countries. These ranged from some indications of increased investment in education through to Indigenous discrimination and extra-judicial killings in the Philippines.

The higher education caucus called for: • A new global education and public investment strategy.

• A new and stronger regulatory regime for the international finance sector.

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• Maintenance of a global commitment to the Millennium Development Goals notwithstanding the GFC.

Women’s caucus The EIAP Women’s Caucus was held in the two days before the conference. The GFC has worsened inequities in relation to women and girls as evidenced by: poorer access to education for girls; a widening pay gap for women teachers; worsening career advancement for women in managerial positions; poorer retirement income for women; fewer social protections afforded women.

The EIAP Women’s caucus reaffirmed its opposition to violence against women and girls. A campaign on this issue should be a central focus of union activity in the Asia Pacific and should build community and union alliances to campaign for relevant legislation, speedy enforcement, legal aid and community education programmes to eliminate violence against women and girls. Planning for holding an EIAP Women’s Conference in 2010 is underway. A Len Palmer, Charles Sturt University NTEU NSW President & National Executive member Education International Asia Pacific c www.ei-ie.org/asiapacific

NTEU ADVOCATE

INTERNATIONAL

The liberal lion’s legacy to higher education T

he death of Edward Kennedy on 25 August 2009 represents the end of an era of senatorial lions who sponsored educational reform in the US.

In spite of being born into privilege and position, the nine Kennedy children were instilled with a sense of high moral and social duty.

Those active in politics or social causes all came to share a commitment to equal rights.

During nearly five decades as the Democratic Senator for Massachusetts, the youngest Kennedy became equated with liberal American educational policy like no other politician of his generation. Indeed, according to Terry W Hartle, a former long-term aide and current Senior Vice-President for Government and Public Affairs at the American Council on Education, ‘it is hard to imagine education policy without Senator Kennedy’s distinctive voice’.

His first legislative contribution was the creation of the National Teachers Corps, as part of the Higher Education Act 1965. Until 1981, the programme awarded incentives for student teachers to work in and offer enrichment to low-income communities in the US. The quasi-evangelical characteristics of this programme were echoed in the Senator’s other initiatives on educational reform.

Among these was Title IX of the Education Amendments of 1972 that banned sex discrimination at publicly funded institutions: with Kennedy’s considerable acumen, the law was further reinforced following a Supreme Court overruling in 1988. By ensuring equal funding to male and female college athletes, the legislation demonstrated that women’s rights could be guaranteed as the doomed Equal Rights Amendment had also intended.

Kennedy is perhaps best remembered for his pivotal role in realising the direct lending programme for post-secondary students.

The scheme was deemed too expensive when it was first proposed in 1978; but by the early 1990s it became seen as a potentially cost-saving alternative to the guaranteed-loan programme. As chairman of the Education Committee, Kennedy adroitly coordinated bipartisan support for the programme when the Higher Education Act was reauthorised in 1992.

NOVEMBER 2009 www.nteu.org.au

During the presidency of George W Bush, Kennedy fought hard to save the federal TRIO programmes that provide post-secondary opportunities to students from disadvantaged backgrounds. Later, he played a crucial role in the creation of the Academic Competitiveness Grants and Smart Grants.

With the restoration of Democrat control of Congress in 2006, Kennedy continued to lead the cause of accessible higher education, through reducing interest rates on federal student loans and increasing student aid. He also spearheaded conflict-of-interest regulations that formed the basis of the Higher Education Opportunity Act in 2008.

His critics accused Kennedy of public service largesse, characterising him as a ‘tax and spend’ big-government Democrat.

‘Senator Kennedy probably really believed he was doing a service for society when he championed more aid for more people, but that required looking past or downplaying the harder-to-see – but very real – costs and waste,’ explained Neal McCluskey, Associate Director of the Center for Educational Freedom at the Cato Institute in Washington DC.

SNAPSHOT

A flipside to this kind of democratic generosity was the occasional reminder of the Kennedy dynasty’s oligarchic tendencies.

For instance, when he authored important guarantees to an Overlap Group of elite institutions to collaborate in the dispersal of student aid packages as part of the reauthorisation of the Higher Education Act in 1992, the senatorial lion ensured that eight of the 23 institutions came from the state he had represented for 46 years.

Yet, on balance, Kennedy’s legacy is assured and he will long be cited as a standard against which other liberal educational reformers in the US will be measured. A Sarah King Head University World News c www.universityworldnews.com

24 Aug 2009

Screenshot from a class convened in ‘Second Life’ by lecturer Lili Luo at the Real Life School of Library and Information Science, San Jose State University, California. Image Source: Bernd Becker & Robin T Williams, via KQED QUEST. Some rights reserved.

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UNIVERSITy news from bargaining the net PAT WRIGHT

Wondering Twibes T

witter is undoubtedly the Now Big Thing on the net – it would have been the Next Big Thing, only it grew too fast. Twitter is a social networking service, like FaceBook, MySpace, etc. which converges social networking on the web with SMS messaging on mobile phones. One can send a message to Twitter from any internet connection or any mobile phone – even if it has no SmartPhone access to the Internet.

The only restriction on Twitter messages – or ‘tweets’ – is that they are limited to 140 characters. And even that limitation can be subverted with various workarounds.

Tweets are prompted by the question: ‘I was wondering what you were doing at the moment?’ (a version of the ‘Thinking of You’ postcard of old) – much like the ‘Where are you?’ which starts most mobile phone conversations.

Given the message-length limitation, Twitter abbreviates the prompting question to ‘What are you doing?’ This simple question generates millions of answers each day.

At first glance, Twitter is banal beyond belief – who but shallow Gen Y airheads would want to txt each other and leave a txt-trail on the net? Surely such a shallow medium of communication would appeal only to inadequate social misfits incapable of human interaction, say the Luddites (screening their fear of technology behind the value of personal intimacy and the dangers of porn and identity theft). Some people forget how the invention of the telephone was going to end the custom of visiting each other.

As with the telephone, a tweet often leads to a call which often leads to a visit, ad infinitum, so Twitter (and other social networking) is not so much a substitute for human interaction as an adjunct to it.

Human ingenuity being what it is, many less trivial uses of Twitter have been devised. The 140-character limit is easily subverted through use of short-URL services such as bit.ly, tiny.url or Digg. This allows one to link the tweet to any webpage, blog or file on the internet without exceeding 140 characters. Consequently, it is possible to bring to the attention of the entire Twitter community a remarkable article, report, image or even videoclip on TwitPic or YouTube.

In its raw state, Twitter provides an avalanche of trivia and selfobsessed maunderings. True, one can choose tweets on the most popular topics in the whole Twitter world, but that is only interesting when there are massive demonstrations in Iran or Pittsburgh, or perhaps when Michael Jackson dies, if that’s your taste. Fortunately, Twitter allows one to be more discerning in the tweets one gets, by choosing to ‘follow’ certain Twitterers, and by ‘protecting’ one’s own tweets to go only to your approved Twitterers.

Even the 140-character limit can be a virtue. This forces people to consider communicating in a few, well-chosen words, rather than the lazy blather of small talk. Who knows, maybe Twitter will prompt a renewed interest in aphorisms? Alexander Pope might well say ‘Brevity is the soul of twit, too’. Or maybe there will be a revival of Japanese haiku poetry, shaped by a similar discipline in terms of length.

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Certainly, if Twitter leads us to shorter titles for ARC projects, it will have done us a service. Meanwhile, the bookbound might like to consult a new Penguin classic by Aciman and Rensin, Twitterature: The World’s Greatest Books Retold Through Twitter.

Twitterers perhaps worth ‘following’ include KevinRuddPM and some of his ministers, TurnbullMalcolm and all of his friends, most State premiers and some of their ministers, most newspapers and some of their columnists, some trade union leaders, notably from the AWU and the AMWU, most universities and, pre-eminently, NTEUVictoria. You might not want to know what movie Kevin and T are going to, but you might well be interested in videoclips from NTEU National Council.

Perhaps the most enthusiastic adopter of Twitter is the ABC, with many Radio National and ABC TV programmes contributing tweets, often linked to website podcasts and vodcasts, and many presenters and journalists. The TV programme ‘Q&A’ maintains a qanda node on Twitter which permits instant feedback tweets during the screening of the show, so continuous audience polling for all the speakers is possible. Perhaps that would be a useful addition to proceedings at National Council?

Other real-time uses of Twitter could include the polling of picketers at various gates of a university campus during a strike, the marshalling of banner-bearers during a demonstration or the lobbying of pollies during a debate. The advantage of Twitter over SMS from your mobile is its interactivity with web messages from your PC, with consequent reduction in costs. Twitter can also interact with Facebook so that your tweets (and their links) appear on both.

The latest development in Twitterdom is Twibes, which allows you to form a sub-group or tribe of Twitterers and exchange tweets confidential to the group or available to the world. The former variety could be very useful in the real-time uses outlined above.

The international union Twibe is at www.twibes.com/group/union and is well worth a look. It has grown considerably through the pushpolling of Eric Lee’s first international survey of unionists using Twitter, in which there were 360 respondents in the UK, 333 in Canada, 305 in the USA and 270 in Australia. Have a look, too, at Twitter itself on twitter.com, but don’t dismiss it as vacuous until you have searched for a twitterer of some interest to you. A Pat Wright is Director of the Centre for Labour Research at the University of Adelaide. email: pat.wright@adelaide.edu.au, Twitter: patrite NTEU ADVOCATE

lowering the boom

IAN LOWE

UNIVERSITy bargaining

FECK all about finance D

on’t be so old-fashioned, Ian. Get with the program!’, Cal said. Yes, it’s that time again. Jacaranda blossoms are falling, students are anxious and staff desks are groaning with assessment. Academics turn thankfully to their Advocate to delay facing the intimidating pile of essays. Anything to avoid trying to detect the source of the suspiciously fluent paragraph, sticking out like dogs’ bits from undergraduate prose. And they secretly hope that I might brighten their day by recounting the news from my annual trip to Tamworth to talk with the ebullient Cal d’Aria, founder and chancellor of Tam U. With even the Anglican Archdiocese of Sydney in trouble from their As usual, Cal is up with the latest trends in higher education. He was investments, Cal sees greater financial security in his university the first to realise that there was a competitive edge in describing having its own bank. his institution as ‘research-based’. ‘It’s a great line, really impresses the He expects a flood of students heading up to Tamworth next year punters’, he said. ‘And as long as at least one of your academics has as private colleges in the major cities close down. ‘The whole Indian published something in the last year, you can always justify it to the market is going pear-shaped, it’s going down the drain faster than Trade Practices mob’. the aftermath of a masala dosai’, he joked. ‘We need viable strategies His latest innovation is a new School of Financial Engineering going forward at this particular point in time to achieve positive levand Commercial Know-how (FECK). ‘It’s the way of the future’, he erage to stop the numbers going soft, otherwise small colleges will said. ‘Even the old universities like the so-called Group of Eight are go belly-up and fall over backwards in a heap’, Cal concluded. embracing this idea of financial engineering’, he said. While they are While several universities have mostly importing finance gurus enlisted a company that specialfrom American institutions, Cal is ‘We will call it Financial Engineering ises in recruiting overseas stuconfident that we have the local dents, called Hobsons, Cal is not expertise he needs to run the pro& Commercial Knowledge Leadership under their umbrella. He’s worried gram. ‘We have a whole wunch of Employing Sustainable Strategies’, Cal about his distinctive institution bankers here in this region’, he said. told me. ‘Be a FECKLESS manager – get being confused with less progres‘I only heard a local say that in the millions in severance pay’ will be their sive ones where the students get street last week’. slogan, building on the clear trend of the Hobson’s choice. Originally reThe new Masters program will badged from a hairdressing colbe rolled out in the New Year. ‘The last few decades. lege as Tamworth University of publicity’s all planned’, he said, the Tonsorial Arts, Tam U had a ‘building on the widespread conhuge advantage targeting migrants who use vocational courses to fusion caused by the global financial crisis’. Cal showed me his draft get permanent residence. ads. ‘What’s going on in the world of finance? FECK knows!’

But he is having to re-think as the traditional institutions muscle And he has ambitious plans for full-fee-paying short courses in in on his territory. The day I visited Tam U, Cal was clearly inspired leadership for the finance sector. ‘We will call it Financial Engineerby words The Australian attributed to Hobsons’ managing director. ing & Commercial Knowledge Leadership Employing Sustainable ‘Semester one enrolments, which is the largest intake, will be less Strategies’, Cal told me. ‘Be a FECKLESS manager – get millions in affected by the recent drop in inquiries due to the 12-month pipeseverance pay’ will be their slogan, building on the clear trend of line. This we expect to be flat’, was the exact quote. the last few decades.

‘This is the stuff’, he said. ‘I need to talk to this guy. Anyone who Cal is even planning his own bank as part of the diversification can get a grammatical howler, a drop in inquiries and a flat pipeline he sees as essential for higher education institutions in these difinto two sentences should be in our management team.’ ficult times. ‘Although they keep quiet about it, some of the other I left him using Google and wishing us all the compliments of the universities have been running their own banks for a long time’, he season. A told me. ‘The names are a real give-away: National Australia Bank, Ian Lowe is Emeritus Professor of Science, Technology and Society at Macquarie Bank, Bendigo Bank’, Cal added. ‘There used to be a Bank Griffith University and an honorary life member of NTEU. of NSW but they changed their name to put people off the track.’

NOVEMBER 2009 www.nteu.org.au

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regional focus

JENNY AUSTIN

General Staff issues under the national spotlight T

he increasingly precarious position of general staff working in the tertiary education sector, and especially the effect on members of the NTEU, came under the spotlight at the National Council meeting in Melbourne.

afterward. Therefore, while the NTEU will be investigating the issue of In regional areas where universities are likely to be one of the major intellectual property rights for all staff over the next 12 months, it’s employers, the situation is much exacerbated, so we can expect to also keen to hear of specific examples affecting general staff. see increased Union activity over the next 12 months to address some of the greatest issues of concern.

It was recognised that in the current economic climate some universities and TAFE colleges will again attempt to address their underfunding by reducing general staff positions using a range of However, to improve the lot of general staff employed within the termeasures. tiary education sector requires greater input to Union activities from These may or may not include the offering of redundancies, but those members, and this can be done in a number of ways. some universities may follow For example, general staff can the University of Canberra’s lead volunteer to their Branch’s cases in offloading the work of some committee, providing personal sup... to improve the lot of general staff administrative units to private offport to distressed colleagues while employed within the tertiary education shore or onshore companies. industrial organisers investigate sector requires greater input to union Many universities and colleges means of addressing the related are already reducing general staff workplace issues. activities from those members... numbers by failing to replace staff It might be joining the Branch as positions become vacant, or Committee as a delegate on womthey’re redesigning work in ways en’s or Indigenous issues, acting as a which further increase already burgeoning workloads for existing delegate within your work unit, or simply distributing Union informageneral staff. tion throughout the year.

It’s acknowledged that general staff participation in Union activities is more restricted, compared with academics, by the daily demands of their work units as well as closer monitoring by supervisors.

Many members of general staff are recruited for their specific And it’s no accident that while the workloads of general staff are skills but are quickly disillusioned by the hierarchical nature of uniincreasing, so are the numbers of cases of bullying and harassment versities and their relative loss of autonomy compared with the priby their supervisors, which are being reported to our Branches. vate sector.

When universities undertake structural change which is likely to These members are also usually better placed to report on adminishave significant impact on employees, those employees are entitled trative developments evolving within all levels of the university structo be consulted about the change, but most universities have a poor ture which are likely to have an eventual effect on staff. record of consultation with their staff.

Any developments of that nature should be reported quickly to Therefore, during the current round of bargaining, there has been your Branch, your campaigning and organising committee, or your a concerted effort to strengthen the Facilitation of Change clause bargaining teams, for further investigation. within the Enterprise Agreement, and this will be more aggressively NTEU Branches around the country will be focusing intently on a applied in future to protect the rights of general staff. range of general staff issues over the next 12 months but remember The recognition and reward of contributions by general staff to the that Branches are also made up of volunteers who care about the unitertiary education sector will also be developed further, along with versities they work for, and who care about the staff. opportunities for career advancement.

The only way to improve the situation for all staff at our universiAn associated issue brought before the National Council was the ties is to increase the solidarity among Union members and, for real intellectual property rights, specifically, of general staff who often progress to be made on general staff issues, your Branch needs you make significant contributions to the creative design of curricuto join them. A lum, curriculum delivery, computer program and design, or specific Jenny Austin is President of NTEU Southern Cross University Branch research projects. and a general staff member Often, this invention is neither adequately recognised or rewarded but their employer can, and often does, profit from it for many years

Greater input needed from general staff members

General staff bullied and harassed

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NTEU ADVOCATE

letter from new zealanD/aotearoa

TOM RYAN, TEU

A say in the governance of your workplace O

ne of the issues that we have been faced with here in New Zealand is a new bill introduced by the Government to reduce the size of councils that govern institutes of technology and polytechnics (ITPs). Polytechnics are roughly analogous to Australian TAFEs. Currently, our Education Act provides that all public tertiary institutions should have between 12 and 20 members, including four ministerial appointees, a chief executive, and between one and three representatives from each of the following groups; academic staff, general staff, students, business and unions.

The councils’ compositions are also supposed to take into account the ethnic and socio-economic diversity of the communities served by the institution; and the fact that approximately half the population of New Zealand is male and half the population is female. This normally means that specific provision is made on councils for women and local Māori.

The Government, in an effort to prove how much it is into lean, mean efficiency, has decided that 12 or 20 people are too many. It has used some isolated incidents of polytechnic mismanagement to introduce this bill to reduce the size of councils down to just eight people.

The bill focuses only on New Zealand’s twenty polytechnics, not other public tertiary institutions such as universities and wānanga.

Reducing community involvement

It is hard to imagine, even with a benign government that chooses not to misuse the dominant new powers over polytechnics that this bill provides, that councils would not be aware or intimidated by the threat of government power.

Where communities have been aware of the bill they have generally been concerned that four ministerial appointments on a council of eight will remove ITP institutional autonomy. Such a council is likely to lose some of its strong links and relationships with local communities and become overly focused on the ministry’s financial objectives at the expense of broader social objectives expected of ITPs.

Displaying a distate for polytechnics

It’s inconsistent, but perhaps not surprising, that the bill focuses only on polytechnics and not universities, wānanga or even private trainMany people have looked at the Government’s bill and summarised it ing enterprises which have suffered some of the most public financial as simply that: cutting the number of council members at each polydisasters in the sector in recent years. technic down to a more manageable number. Sure, a few unionists, Many of this Government’s other tertiary education measures, such Māori and women are going to miss out on seats that they might as its budget cuts, its limits on student growth during the recession otherwise have held, but these are tough times and we can’t all have and its pressure on small regional institutions to specialise rather everything we want, right? than cater for their communities, seem to have targeted polytechWhat is less well understood about the bill, however, is the sysnics more directly than other tertiary institutions. You could almost tematic way it removes a community’s local representation on their get the impression, if you were to judge a government by its actions local polytechnic council and replaces it with government-appointed rather than its words, that this Govbureaucrats. ernment has a strong distaste for Under the new bill, not only You could almost get the impression, if polytechnics. does the Crown get to appoint The explanatory notes to the four of the eight council members, you were to judge a government by its bill state that polytechnics ‘…face it also gets to appoint the chair actions rather than its words, that this particular educational and finan(who has the deciding vote) and Government has a strong distaste for cial challenges, which are likely to the deputy chair, and has the right polytechnics. be exacerbated by an increasingly to reject other people’s nominees. constrained funding environment.‘ Its appointees get appointed for The challenges polytechnics and longer periods of time than comindeed other parts of the sector face are significant and they include munity appointees and its appointees can sit on several polytechnic long-term funding cuts. councils at once.

Placing polytechnic councils effectively under ministerial control It is a generally accepted principle around the world that tertiary and limiting their ability to engage with and represent stakeholders institutions be allowed a certain amount of autonomy to govern will not address this fundamental problem. A themselves. Today that freedom of governance is seen as an imporDr Tom Ryan is National President/Te Tumu Whakarae, tant part of maintaining academic freedom and educational indeNew Zealand Tertiary Education Union/Te Hautū Kahurangi o Aotearoa pendence from political and economic forces and recognises the TEU  www.teu.ac.nz professionalism and collegiality of tertiary institutions.

NOVEMBER 2009 www.nteu.org.au

37

YOUR UNION

National Council 2009: Respect At Work T

he Union’s supreme decision-making body, National Council, had its annual meeting in Melbourne on 9–11 October.

Council comprises of almost 150 members, including National and Divisional Officers, National Executive members and about 100 National Councillors directly elected by members in Branches.

Council was welcomed to country by respected Boonerwrung Elder and community mentor Aunty Carolyn Briggs.

The Indigenous Policy Committee (IPC) report to National Council was well received and gave delegates an overview of work undertaken over the previous year. A number of Indigenous motions were also tabled, covered various policy, industrial and social justice issues pertinent to Aboriginal and Torres Strait Islander members and communities. All Indigenous motions were passed unanimously by Council delegates.

This year’s Council theme echoed the Union’s ‘Respect At Work’ campaign, so

there was a focus on reviewing our bargaining strategies, as well as coverage of other important issues like the state of the sector, private providers and climate change.

Panels and discussions Five panel and plenary discussions were a central focus of Council.

A session of Council was devoted to presentations and discussion on private tertiary education providers. Chaired by Ted Murphy, National Assistant Secretary with John Fitzsimmons (CQU), Cathy Rytmeister (Macquarie), Jan Sinclair-Jones (Curtin)

and Matthew McGowan, Victorian Division Secretary. The focus was on the explosive growth of outsourcing arrangements by public universities to commercial providers such as Navitas and the Study Group, the proliferation of private VET providers, the extensive use of casual employment by the private providers, and the intellectual property issues raised by the transfer of course materials developed by academics for their university.

The Union’s Bargaining Strategy was reviewed by a panel comprising Grahame McCulloch, General Secretary, Len Palmer (CSU), Melanie Lazarow (Melbourne) and

Left: Boonerwrung Elder Aunty Carolyn Briggs; Centre: Grahame McCulloch, General Secretary; Right: Carolyn Allport, National President; Bottom: National Council in progress. Photos: Paul Clifton

38

NTEU ADVOCATE

YOUR UNION Margaret Lee, Queensland Division Secretary. Council noted that despite concerted opposition from some universities, the Union was achieving its key goals in bargaining. The panel explored some of the tactics used by management to delay bargaining, and reviewed the success of members’ industrial action.

Greg McCarthy, National Vice-President (Academic), chaired the discussion on the ‘State of the University Sector – Present and Future Trends’ with Carolyn Allport, Andrew Bonnell (UQ) and Jenny Austin (SCU), highlighting the contradiction between the Rudd’s Government’s call for diversity between and within universities and yet regulatory policies that promote conformity.

The panel discussed how the Government’s promotion of mergers between regional universities had failed because of inadequate financial support. It was highlighted how corporate management was tearing at the fabric of universities. Lastly, it was pointed out that both the Government and the universities were obsessed with the short term, failing to take seriously the need for a renewal of the academic workforce.

The Bargaining and Recruitment Campaign Review was chaired by Genevieve Kelly, NSW Division Secretary, with Michael Thomson (Sydney), Andrea Lamont-Mills (USQ) and Kelvin Michael, Tasmanian Division Secretary. The panel highlighted key elements of our industrial action campaign in 2009 and looked at what we have learnt to assist our future campaigning and recruitment strategies. One unique feature was the

unprecedented level of direct contact we have had with our members and our challenge now is to build on this for the future.

Kate Patrick (RMIT) chaired the final day plenary on climate change, with Greg McCarthy, Helen Masterson-Smith (CSU) and Jeremy Smith (UB). See the President’s column (p. 2) for a report on this plenary and other issues discussed at Council.

Guest speakers Sharn Riggs, General Secretary, Tertiary Education Union (NZ), spoke of her new union’s process of amalgamation over the last year, and of dealing with a recession and the new conservative government. Angelo Gavrielatos, AEU Federal President, also spoke.

Guests at the Council dinner included David Battersby, University of Ballarat ViceChancellor; Glenn Withers, CEO, Universities Australia; and Helen O’Neil from the Council for The Humanities, Arts and Social Sciences.

Life members NTEU Life Membership was awarded to nine members in recognition of exemplary service to the Union over many years: John May (ECU), Herman Beyersdorf (UNE), Keith Cunnington (Qld Div, posthumous), Terry Scheikowski (RMIT), Mick Campion (WA Division), Eileen Clark (La Trobe), Patrick Healy (UTS), Anne Junor and John O’Brien (UNSW).

Merit awards were presented to Tom Stewart (UWA) and Chris Hoare (La Trobe).

Congratulations and thank you to all! A

National Council 2009 resolutions c www.nteu.org.au/about/organisation/nationalcouncil/2009 More photos from Council c www.flickr.com/photos/nteu/sets/72157622468894655

Clockwise from top: Life Members, Anne Junor & John O’Brien (UNSW); Indigenous Policy Committee members Terry Mason (UWS) & Marilyn Strother (UWA); Helen Masterton-Smith (CSU) in the Climate Change plenary; Colin Long (Deakin); NT Division’s David Wise, David May, Heinz Schmitt & Susan Bandias; Donna Weeks, Elizabeth Eddy & Denise Denman (USC). Photos: Paul Clifton

NOVEMBER 2009 www.nteu.org.au

39

YOUR UNION

Travels in ice and Dreaming net NTEU members top history prize T

wo NTEU members have shared the Prime Minister’s Prize for Australian History 2008. Tom Griffiths (ANU) has been awarded joint first place for Slicing the Silence: Voyaging to Antarctica, along with Robert Kenny (La Trobe) for The Lamb Enters the Dreaming: Nathanael Pepper and the Ruptured World.

Australia’s pre-eminent award for excellence in the field, it is awarded for outstanding publications which contribute significantly to the understanding of the nation’s history.

The winners each receive a gold medallion and share a tax free grant of $100,000.

Voyaging to Antarctica

Tom Griffiths in Antarctica. Photo: Billy Griffiths

Professor Tom Griffiths is a fellow of the Australian Academy of the Humanities and a professor of history in the Research School of Social Sciences at ANU. Slicing the Silence comprises 15 essays about Antarctica interleaved with 16 diary entries made when Tom travelled to Casey Station with the Australian Antarctic Division in the summer of 2002–03.

At the book’s launch in Hobart in May, Sir Guy Green described it as ‘a graphically presented history of Antarctica which merges into an equally graphic account of it as it is today... This comprehensive, fascinating, informative, intellectually stimulating and often moving work can justly take its place among the great accounts of that very special place we call Antarctica.’

Tom Griffiths says the book ‘expresses some of the core motivations in my scholarship: to bridge the sciences and the humanities, to find ways of connecting Australian history with world history, and to reflect on historical consciousness and the nature of history itself.’

40

‘It is a critical time for us to be thinking about Antarctica,’ says Griffiths, ‘for we are now counting down the days to the international climate summit in Copenhagen in December. Antarctica is where 90% of the world’s land ice sits and where 70% of the globe’s freshwater is to be found. The physics and politics of global warming have turned our eyes towards the poles. The last century of world history has seen Antarctica move from the geographical periphery of our consciousness to the centre of our scientific and intellectual concerns.’

Ruptured Dreaming Dr Robert Kenny is an ARC research fellow in the school of Historical and European Studies at La Trobe University and a fellow of the Australian Centre at the University of Melbourne. He has published several volumes of poetry and fiction, and articles on literature, religious history, and the history of science.

The Lamb Enters the Dreaming is a major reappraisal of the relations between Aboriginal and European societies in the first decades of contact in southern Australia.

It traces the life of Nathanael Pepper of the Wotjobaluk people, who was born as the first pastoralists were driving cattle and sheep into Victoria’s Wimmera region. In their wake came Christian missionaries, who were just as hostile to the settlers’ violence as they were to the traditional beliefs of Aboriginal people. The extraordinary story of Pepper’s conversion to Christianity, and his subsequent attempts to reconcile the apparently irreconcilable, reveals much about the deeper symbolic and moral forces at work in this collision of cultures.

Dr Robert Kenny said ‘winning the PM’s history prize was a considerable honour and vindicated the strategies and risks taken to compile [the book]’. Robert told Advocate

Dr John Hirst, Advisory Committee member (right), presenting the winning medallions to Professor Tom Griffiths (above) and Dr Robert Kenny (below). Photos: DEEWR

he felt ‘vindicated by the combination of scholarship and imagination that honoured the role of being a scholar, testament to the tradition of historical scholarship at La Trobe’ and that ‘the book was a testament to the importance of placing Australian events in an international context’.

Robert Kenny challenges many orthodoxies in this profound reconsideration of how Indigenous people and Europeans thought about each other. He traces Aboriginal attempts to accommodate the ‘people of the sheep’ and their pastoralist totem, Jesus, while arguing that it was European animals more than the settlers themselves that ruptured the Dreaming. On the European side, Kenny argues, increasingly powerful scientific and philosophical challenges undermined evangelical Christianity’s belief that all humanity was of ‘One Blood’. And behind it all lurked the spectre of slavery and the question of the moral order of imperialism.

Rhys Isaac, Pulitzer Prize winning historian, called Kenny’s book ’an immense contribution to reconciliation consciousness in our twenty-first-century Australia.’

Joanna Cruickshank, in Eureka Street, said ‘If you only read one work of Australian history in 2007, make it this one ... Kenny has written a profoundly important book about the nature of culture and identity, about Christianity and its place in Australian history, and about science and faith.’ A PM’s History Prize c www.deewr.gov.au/pmhistoryprize NTEU ADVOCATE

YOUR UNION

2-in-3 learning and teaching citations go to NTEU members T

he majority of recipients of the 2009 Australian Learning & Teaching Council (ALTC) Citations For Outstanding Contributions to Student Learning were NTEU members, accounting for 65 per cent of the winners.

Citations are awarded to those who have made a significant contribution to the quality of student learning in a specific area of responsibility over a sustained period, whether they are academic staff, general staff, sessional staff or institutional associates.

Out of just over 200 recipients, 134 are NTEU members.

As the winners are too many to list here, we have selected just the members who hold elected positions within the Union: Associate Professor Glennda Scully, Curtin Branch Committee member, cited for excellence in leadership in the School of Accounting’s improvement in the quality of teaching and learning using a research-led approach to change management.

Christina Ballantyne, Murdoch Branch Vice-President (General Staff ), for the development and sustained implementation of innovative systems of collecting and using student feedback to improve teaching, learning and the student experience.

10 NTEU members among 2009’s top university teachers N

TEU congratulates the recipients of the 2009 Australian Awards for University Teaching, 10 of whom are members of the Union.

Worth $25,000 each, the awards recognise the nation’s top university teachers and most outstanding programs and services aimed at improving the quality of student learning.

They will be presented at a ceremony at Parliament House in Canberra on 24 November.

In the area of Biological Sciences, Health and Related Studies, the winners include NTEU members Dr Victor Galea (UQ), Associate Professor Robert Mead (Murdoch) and Dr Robyn Nash (QUT).

In Law, Economics, Business and Related Studies member winners are Dr Glenn Pearce (UWA) and Dr Martin Shanahan and team (UniSA).

Winner of one of two Neville Bonner Awards for Indigenous Education is Mel Thomas and team (UWA).

In Physical Sciences and Related Studies, Associate Professor Iouri Belski (RMIT) was awarded. In Social Sciences, NTEU members awarded are Associate Professor Glenn Finger (Griffith), Professor Stephen Houghton (UWA), and Associate Professor Maureen Walsh (ACU).

The premier university teaching award, The Prime Minister’s Award for Australian University Teacher of the Year, will be announced at the November ceremony. A

Janice Dudley, Murdoch Branch Vice-President (Academic), for developing a student-centred, rigorous work-integrated learning internship program in cooperation with the WA Parliament and pubic sector.

Dr Deborah Henderson, QUT Branch Committee member, for pushing boundaries: a sustained commitment to transformative teaching and learning in history and studies of society and environment curriculum through ‘lectorials’ and professional development.

Dr Mark Shier, Swinburne Branch Committee member, for inspiring students in a motivating environment in first year, and

providing a progression through second and third years, developing deep, independent learning skills.

Margot Reeh, USC Branch Committee member, for developing university-wide, student-to-student mentor and advising programs that enhance the university experience of beginning students and benefit the student leaders personally and professionally.

Clare Power, UWS Branch Committee, with fellow NTEU members Neera Handa and Erst Carmichael, for an interdisciplinary approach to sustainability as a platform for successful transition to university for first in family, low SES, NESB and/or mature age students.

Congratulates to all the members whose efforts, professionalism and dedication earned them citations in 2009. A ALTC c www.altc.edu.au CONN An NTEU

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41

YOUR UNION

NTEU Financial Reports 2007–2008 CONCISE FINANCIAL REPORT for the year ended 30 June 2008

The concise financial report has been derived from the full financial report and cannot be expected to provide as full an understanding of the financial performance, financial position and financial and investing activities of the reporting unit to assist understanding of the members.

Information to be Provided to Members or Registrar In accordance with the requirements of the Workplace Relations Act 1996, the attention of members is drawn to the provision of subsections (1), (2) and (3) of section 272 of Schedule 1B – Registration of accountability of Organisations which read as follows: 1. ‘A member of a reporting unit, or a Registrar, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.

2. The application must be in writing and must specify the period within which, and the matter in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.

3. A reporting unit must comply with an application made under subsection (1).’

Financial Statements The Union will provide a copy of the report, accounts and statements for the year ended 30 June 2008 free of charge to any member who requests them.

Auditors’ Report to the Members of the NTEU National Council We certify that the attached Concise Financial Report is a fair and accurate summary of the reports, accounts and statements of the National Tertiary Education Industry Union National Council for the year ended 30 June 2008. Our Auditors’ Report on the financial statements dated 23 October 2009, did not contain particulars of any deficiency, failure or shortcomings as referred to in the Workplace Relations Act 1996 and complied with the Australian Accounting Standards.

DFK Collins, Chartered Accountants.

ii. the financial affairs of the reporting unit have been managed in accordance with the rules of the organisation including the rules of a branch concerned: and iii. the financial records of the reporting unit have been kept and maintained in accordance with the RAO Schedule and the RAO Regulations; and iv. where the organisation consists of two or more reporting units, the financial records of the reporting unit have been kept as far as practicable, in a consistent manner to each of the other reporting units of the organisation; and v. the information sought in any request of a member of the reporting unit or a Registrar duly made under section 272 of the RAO Schedule has been furnished to the member or Registrar; and vi. there has been compliance with any order for inspection of financial records made by the Commission under section 273 of the RAO Schedule. (f) In relation to recovery of wages activity: i. the financial report on recovery of wages activity has been fairly and accurately prepared in accordance with the requirements of the reporting guidelines of the Industrial Registrar; and ii. the committee of management caused the auditor to include in the scope of the audit required under subsection 257(1) of the RAO Schedule all recovery of wages activity by the reporting unit in which revenues had been derived for the financial year in respect of such activity; and iii. no fees or reimbursements of expenses in relation to recovery of wages activity or donations or other contributions were deducted from moneys recovered from employers on behalf of workers other than reported in the financial report on recovery of wages activity and the notes to the financial statements; and iv. that prior to engaging in any recovery of wages activity, the organisation has disclosed to members by way of a written policy all fees to be charged or reimbursement of expenses required for recovery of wages activity, and any likely request for donations or other contributions in acting for a worker in recovery of wages activity; and v. no fees or reimbursements of expenses in relation to recovery of wages activity or donations or other contributions were deducted from moneys recovered from employers on behalf of workers until distributions of recovered money were made to the workers.

For Committee of Management: Grahame McCulloch, General Secretary

Simon Bragg, A.C.A. Partner, 23 October 2009, Melbourne.

Registered Company Auditor, Registration No: 291536

COMMITTEE OF MANAGEMENT STATEMENT for the year ended 30 June 2008 On 10.10.2009 the Committee of Management of the National Tertiary Education Industry Union passed the following resolution in relation to the general purpose financial report (GPFR) of the reporting unit for the financial year ended 30 June 2008: The Committee of Management declares in relation to the GPFR that in its opinion: (a) the financial statements and notes comply with the Australian Accounting Standards; (b) the financial statements comply with the reporting guidelines of the Industrial Registrar; (c) the financial statements and notes give a true and fair view of the financial performance, financial position and cash flows of the reporting unit for the financial year to which they relate; (d) there are reasonable grounds to believe that the reporting unit will be able to pay its debts as and when they become due and payable; (e) during the financial year to which the GPFR relates and since the end of that year: i. meetings of the committee of management were held in accordance with the rules of the organisation including the rules of the branch concerned; and

42

NTEU OPERATING REPORT for the year ended 30 June 2008 Principal activities

The principal activities of the Union during the financial year were: • To improve and protect the salaries and conditions of employment of our members.

• To represent our members in approaches to and discussions with their employer.

• To negotiate collective agreements which improve the conditions of employment of our members.

• To enforce existing industrial agreements on behalf of our members.

• To promote industrial peace through conciliation and arbitration.

Results of principal activities The Union’s principal activities resulted in the maintenance and improvement of the salaries and conditions of employment of our members, especially for those members covered by collective agreements negotiated by the Union.

Significant changes in the nature of principal activities There were no significant changes in the nature of the Branch’s principal activities during the financial year.

detailed in Note 1 to the financial statements, no other matters or circumstances arose during the reporting year which significantly affected the financial affairs of the Branch.

Trustee or director of a trustee company of a superannuation entity or an exempt public sector superannuation scheme Edward Murphy, National Assistant Secretary, and NTEU Executive member is a Director of Unisuper, the industry Superannuation fund for academics and general staff in higher education institutions.

Number of members The number of persons who, at the end of the financial year, were recorded on the Register of Members were 23,966 (2007: 24,808).

Number of employees The number of persons who were, at the end of the financial year, employees of the Union were 30 (including three part time employees) measured on a full time equivalent basis.

Members of the committee of management The persons who held office as members of the Committee of Management of the Union at the beginning of the financial year were: President Carolyn Allport; Vice President (Academic) Gregory McCarthy; Vice President (General) Jo Hibbert; General Secretary Grahame McCulloch; National Assistant Secretary Edward Murphy; Indigenous Member Terry Mason; National Executive Members: Matthew McGowen, Margaret Lee, Neil Mudford, Thomas Dunning, Lynette Bloom, Susan Bandias, Chris Game, James Doughney, Shane Motlap, Thomas Stewart, Jeanette Pierce, Andrew Bonnell, Derek Corrigan, Ian Hunt, Jeannie Rea, Kevin Poynter.

Manner of resignation – s254(2)(c) Members may resign from the Union in accordance with Rule 11 (Resignation from Membership) which reads as follows: 11.1 A member may resign from membership by written notice addressed and delivered to the member’s Division Secretary or Branch Secretary provided that: (a) Where a written notice of resignation is received by a Division Secretary, he or she shall as soon as practicable forward a copy of the notice of resignation to the appropriate Branch Secretary; or (b) Where a written notice of resignation is received by a Branch Secretary, he or she shall as soon as practicable forward a copy of the notice of resignation to the relevant Division Secretary.

11.2 A notice of resignation from membership takes effect: (a) where the member ceases to be eligible to become a member of the Union: (i) on the day on which the notice is received by the Union; or (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member; whichever is later; or (b) in any other case: (i) at the end of two weeks, or if permitted by law three months after the notice is received by the Union; or (ii) on the day specified in the notice; whichever is later.

11.3 Any dues payable but not paid by a former member in relation to a period before the member’s resignation took effect, may be sued for and recovered in the name of the Union in a court of competent jurisdiction, as a debt due to the Union.

11.4 A notice delivered to the Division Secretary or Branch Secretary shall be taken to have been received by the Union when it was delivered.

11.5 A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered in accordance with sub-rule 1 of this rule.

11.6 A resignation from membership is valid even if it is not effected in accordance with this rule if the member is informed in writing by or on behalf of the Union that the resignation has been accepted.

11.7 Cessation of payment of any dues, levies and other amounts by a member does not, of itself, terminate membership of the Union.

Significant changes in the union’s financial affairs Other than the transfer of assets and liabilities to the NTEU Fund as

Grahame McCulloch, General Secretary, 20 October 2009

NTEU ADVOCATE

YOUR UNION

INCOME STATEMENT

for the year ended 30 June 2008

Revenue from ordinary activities

STATEMENT OF CHANGES IN EQUITY 2008 $

2007 $

8,171,719

11,406,902

Expenses from ordinary activities Officers and central resources: Central operating costs & resources 1,820,785 1,689,149 Publications 151,653 157,054 Indigenous 152,716 199,009 Executive and national council 849,861 792,845 Cooperation with other organisations 129,959 129,579 Equalisation & adjustment fund 1,200,756 1,384,118 Industrial defence fund buildings works contribution - (500,000) Industrial 521,980 504,596 Policy and research 452,611 403,769 Recruitment and membership training 538,532 574,993 Finance and personnel 687,894 495,280 Fair value adjustment 1,808,262 Other expenses 844,376 155,643 Transfer of net assets to NTEU Fund 11,440,278 Total expenses from ordinary activities NET (DEFICIT)/SURPLUS

BALANCE SHEET as at 30 June 2008

2008 $

2007 $

7,028,923 - (7,028,923)

6,044,014 984,909 -

Balance at end of the period

-

7,028,923

RETAINED EARNINGS Balance at start of period (Deficit)/surplus for the period Transfers to reserves Transfers from reserves

5,399,021 (12,427,944) - 7,028,923

963,063 5,420,867 (984,909) -

-

5,399,021

2008 $

2007 $

Receipts Capitation fees and other receipts 9,633,946 Interest received 71,245

9,319,796 58,257

9,705,191

9,378,053

Payments Cash payments in the course of operations (9,997,479) Net GST paid to Australian Taxation Office (398,196)

(6,650,541) (889,191)

RESERVES Balance at start of period Transfers from retained earnings Transfers to retained earnings

Balance at end of period

CASH FLOW STATEMENT for the year ended 30 June 2008

20,599,663

5,986,035

(12,427,944)

5,420,867

CASH FLOWS FROM OPERATING ACTIVITIES

2008 $

2007 $

CURRENT ASSETS Cash assets Receivables Other financial assets Other

- - - -

774,898 685,405 4,929,876 77,234

Total Current Assets

-

6,467,413

NON CURRENT ASSETS Receivables Other financial assets6 Property, plant & equipment

- - -

111,802 7,090,363 4,421,633

Total Non Current Assets

-

11,623,798

Total Assets

-

18,091,211

CURRENT LIABILITIES Payables Provisions

- -

1,029,540 739,962

Total Current Liabilities

-

1,769,502

NON CURRENT LIABILITIES Payables Provisions

- -

3,831,417 62,348

Total Non Current Liabilities

-

3,893,765

Total Liabilities

-

5,663,267

Net Assets

-

12,427,944

EQUITY Reserves Accumulated surplus

- -

7,028,923 5,399,021

TOTAL EQUITY

-

12,427,944

NOVEMBER 2009 www.nteu.org.au

for the year ended 30 June 2008

Net cash flows from operating activities

(690,484)

1,838,321

CASH FLOWS FROM INVESTING ACTIVITIES Payments for other financial assets - Payments for property, plant and equipment -

(1,540,153) (3,893,071)

Net cash flow used in investing activities

-

(5,433,224)

CASH FLOWS FROM FINANCING ACTIVITIES Proceeds from borrowings - Payments of borrowings (84,414)

2,600,000 (84,640)

Net cash flow used in financing activities

(84,414)

2,515,360

(774,898)

(1,079,543)

774,898

1,854,441

-

774,898

Net (decrease) in cash held Cash at the beginning of the financial year Cash at the end of the financial year

43

YOUR UNION

NTEU Fund Financial Reports 2007–2008 CONCISE FINANCIAL REPORT for the year ended 30 June 2008

The concise financial report has been derived from the full financial report and cannot be expected to provide as full an understanding of the financial performance, financial position and financial and investing activities of the reporting unit to assist understanding of the members.

Information to be Provided to Members or Registrar In accordance with the requirements of the Workplace Relations Act 1996, the attention of members is drawn to the provision of subsections (1), (2) and (3) of section 272 of Schedule 1B – Registration of accountability of Organisations which read as follows: 1. ‘A member of a reporting unit, or a Registrar, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.

2. The application must be in writing and must specify the period within which, and the matter in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.

3. A reporting unit must comply with an application made under subsection (1).’

Financial Statements The Union will provide a copy of the report, accounts and statements for the year ended 30 June 2008 free of charge to any member who requests them.

Auditors’ Report to the Members of the NTEU Fund National Council We certify that the attached Concise Financial Report is a fair and accurate summary of the reports, accounts and statements of the NTEU Fund National Council for the year ended 30 June 2008. Our Auditors’ Report on the financial statements dated 23 October 2009, did not contain particulars of any deficiency, failure or shortcomings as referred to in the Workplace Relations Act 1996 and complied with the Australian Accounting Standards.

DFK Collins, Chartered Accountants.

ii. the financial affairs of the reporting unit have been managed in accordance with the rules of the organisation including the rules of a branch concerned: and iii. the financial records of the reporting unit have been kept and maintained in accordance with the RAO Schedule and the RAO Regulations; and iv. where the organisation consists of two or more reporting units, the financial records of the reporting unit have been kept as far as practicable, in a consistent manner to each of the other reporting units of the organisation; and v. the information sought in any request of a member of the reporting unit or a Registrar duly made under section 272 of the RAO Schedule has been furnished to the member or Registrar; and vi. there has been compliance with any order for inspection of financial records made by the Commission under section 273 of the RAO Schedule. (f) In relation to recovery of wages activity: i. the financial report on recovery of wages activity has been fairly and accurately prepared in accordance with the requirements of the reporting guidelines of the Industrial Registrar; and ii. the committee of management caused the auditor to include in the scope of the audit required under subsection 257(1) of the RAO Schedule all recovery of wages activity by the reporting unit in which revenues had been derived for the financial year in respect of such activity; and iii. no fees or reimbursements of expenses in relation to recovery of wages activity or donations or other contributions were deducted from moneys recovered from employers on behalf of workers other than reported in the financial report on recovery of wages activity and the notes to the financial statements; and iv. that prior to engaging in any recovery of wages activity, the organisation has disclosed to members by way of a written policy all fees to be charged or reimbursement of expenses required for recovery of wages activity, and any likely request for donations or other contributions in acting for a worker in recovery of wages activity; and v. no fees or reimbursements of expenses in relation to recovery of wages activity or donations or other contributions were deducted from moneys recovered from employers on behalf of workers until distributions of recovered money were made to the workers.

For Committee of Management: Grahame McCulloch, General Secretary

Simon Bragg, A.C.A. Partner, 23 October 2009, Melbourne.

Registered Company Auditor, Registration No: 291536

COMMITTEE OF MANAGEMENT STATEMENT for the year ended 30 June 2008 On 20.10.2009 the Committee of Management of the NTEU Fund passed the following resolution in relation to the general purpose financial report (GPFR) of the reporting unit for the financial year ended 30 June 2008: The Committee of Management declares in relation to the GPFR that in its opinion: (a) the financial statements and notes comply with the Australian Accounting Standards; (b) the financial statements comply with the reporting guidelines of the Industrial Registrar; (c) the financial statements and notes give a true and fair view of the financial performance, financial position and cash flows of the reporting unit for the financial year to which they relate; (d) there are reasonable grounds to believe that the reporting unit will be able to pay its debts as and when they become due and payable; (e) during the financial year to which the GPFR relates and since the end of that year: i. meetings of the committee of management were held in accordance with the rules of the organisation including the rules of the branch concerned; and

44

NTEU FUND OPERATING REPORT for the year ended 30 June 2008 Principal activities

The principal activities of the Union during the financial year were: • To improve and protect the salaries and conditions of employment of our members.

• To represent our members in approaches to and discussions with their employer.

• To negotiate collective agreements which improve the conditions of employment of our members.

• To enforce existing industrial agreements on behalf of our members.

• To promote industrial peace through conciliation and arbitration.

Results of principal activities The Union’s principal activities resulted in the maintenance and improvement of the salaries and conditions of employment of our members, especially for those members covered by collective agreements negotiated by the Union.

Significant changes in the nature of principal activities There were no significant changes in the nature of the Union’s principal activities during the financial year.

NTEU Branches and Divisions as detailed in Note 1 to the financial statements, no other matters or circumstances arose during the reporting year which significantly affected the financial affairs of the Entity.

Trustee or Director of a Trustee Company of a Superannuation Entity or an Exempt Public Sector Superannuation Scheme Edward Murphy, National Assistant Secretary, and NTEU Executive member is a Director of Unisuper, the industry Superannuation fund for academics and general staff in higher education institutions.

Number of members The number of persons who, at the end of the financial year, were recorded on the Register of Members of the entities included in the NTEU Fund was 23,966 (2007: nil).

Number of employees The number of persons who were, at the end of the financial year, employees of the Union was 112.1 measured on a full time equivalent basis.

Members of the committee of management The persons who held office as members of the Committee of Management of the Union at the beginning of the financial year were: President Carolyn Allport; Vice President (Academic) Gregory McCarthy; Vice President (General) Jo Hibbert; General Secretary Grahame McCulloch; National Assistant Secretary Edward Murphy; Indigenous Member Terry Mason; National Executive Members: Matthew McGowen, Margaret Lee, Neil Mudford, Thomas Dunning, Lynette Bloom, Susan Bandias, Chris Game, James Doughney, Shane Motlap, Thomas Stewart, Jeanette Pierce, Andrew Bonnell, Derek Corrigan, Ian Hunt, Jeannie Rea, Kevin Poynter.

Manner of resignation – s254(2)(c) Members may resign from the Union in accordance with Rule 11 (Resignation from Membership) which reads as follows: 11.1 A member may resign from membership by written notice addressed and delivered to the member’s Division Secretary or Branch Secretary provided that: (a) Where a written notice of resignation is received by a Division Secretary, he or she shall as soon as practicable forward a copy of the notice of resignation to the appropriate Branch Secretary; or (b) Where a written notice of resignation is received by a Branch Secretary, he or she shall as soon as practicable forward a copy of the notice of resignation to the relevant Division Secretary.

11.2 A notice of resignation from membership takes effect: (a) where the member ceases to be eligible to become a member of the Union: (i) on the day on which the notice is received by the Union; or (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member; whichever is later; or (b) in any other case: (i) at the end of two weeks, or if permitted by law three months after the notice is received by the Union; or (ii) on the day specified in the notice; whichever is later.

11.3 Any dues payable but not paid by a former member in relation to a period before the member’s resignation took effect, may be sued for and recovered in the name of the Union in a court of competent jurisdiction, as a debt due to the Union.

11.4 A notice delivered to the Division Secretary or Branch Secretary shall be taken to have been received by the Union when it was delivered.

11.5 A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered in accordance with sub-rule 1 of this rule.

11.6 A resignation from membership is valid even if it is not effected in accordance with this rule if the member is informed in writing by or on behalf of the Union that the resignation has been accepted.

11.7 Cessation of payment of any dues, levies and other amounts by a member does not, of itself, terminate membership of the Union.

Significant changes in the Union’s financial affairs Other than the transfer of assets and liabilities to the NTEU Fund from

Grahame McCulloch, General Secretary, 20 October 2009

NTEU ADVOCATE

YOUR UNION

INCOME STATEMENT

STATEMENT OF CHANGES IN EQUITY

for the year ended 30 June 2008

Economic entity

2008 $ 2007 $ Revenue from ordinary activities 17,680,969 - Expenses - - Surplus for the year

17,680,969

- 17,680,969

BALANCE SHEET as at 30 June 2008

ASSETS Cash and cash equivalents Trade and other receivables Other financial assets Other assets

Economic entity 2008 $ 2007 $

6,487,082 845,657 4,427,854 158,504

Chief entity 2008 $ 2007 $ 17,680,969 - -

- - - -

-

Chief entity 2008 $ 2007 $

for the year ended 30 June 2008

Economic entity 2008 $ 2007 $

Chief entity 2008 $ 2007 $

ECONOMIC ENTITY At 1 July 2006 - - - Surplus for the year - - -

-

At 30 June 2007

-

-

-

-

Surplus for the year Transfers from reserves Transfers to reserves Minority interest upon consolidation

- 17,680,969 11,269,826 - - (11,269,826) - -

- 17,680,969 - 11,269,826 - (11,269,826) 2,401,019 2,401,019

At 30 June 2008

11,269,826

2,401,019 20,081,988

6,411,143

6,254,766 196,358 4,427,854 133,060

-

CHIEF ENTITY At 1 July 2006 - - - Surplus for the year - - -

-

Total Current Assets

11,919,097

- 11,012,038

-

At 30 June 2007

NON-CURRENT ASSETS Other financial assets Property, plant and equipment

- 20,725,498

- -

9,185,473 4,904,175

-

Total Non Current Assets

20,725,498

- 14,089,648

-

Surplus for the year Transfers from reserves Transfers to reserves

- 17,680,969 11,269,826 - - (11,269,826)

- 17,680,969 - 11,269,826 - (11,269,826)

Total Assets

32,644,595

- 25,101,686

-

At 30 June 2008

11,269,826

6,411,143

- 17,680,969

Economic entity 2008 $ 2007 $

Chief entity 2008 $ 2007 $

-

-

-

LIABILITIES Trade and other payables Financial liabilities Employee benefits

4,958,157 582,962 1,314,723

- - -

1,619,195 488,625 1,314,723

-

CASH FLOW STATEMENT

Total current liabilities

6,855,842

-

3,422,543

-

NON-CURRENT LIABILITIES Trade and other payables Financial liabilities Employee benefits

10,599 4,438,817 1,257,349

- - -

10,599 2,730,226 1,257,349

-

Total Non-Current Liabilities

5,706,765

-

3,998,174

-

CASH FLOWS FROM OPERATING ACTIVITIES Payments Contribution of cash and cash 6,487,082 - 6,254,766 equivalents

Total Liabilities

12,562,607

-

7,420,717

-

Net Assets

20,081,988

- 17,680,969

-

EQUITY Reserves Retained surplus Minority interest

11,269,826 6,411,143 2,401,019

- - -

11,269,826 6,411,143 -

-

TOTAL EQUITY

20,081,988

- 17,680,969

-

for the year ended 30 June 2008

Net cash provided by operating 6,487,082 activities

6,254,766

-

CASH FLOWS FROM INVESTING ACTIVITIES Net cash used in investing - - - activities CASH FLOWS FROM FINANCING ACTIVITIES Net cash used in investing - activities

-

-

-

Net increase in cash & cash equivalents held

6,487,082

-

6,254,766

-

Cash and cash equivalents at beginning of year

-

-

-

-

6,487,082

-

6,254,766

-

Cash and cash equivalents at end of year

NOVEMBER 2009 www.nteu.org.au

-

-

45

YOUR UNION

Recent human rights actions

by NTEU

This year, let NTEU solve your gift problems!

Water Bottles $3 Lip Balm $3

N

TEU National Office regularly sends letters to foreign governments and companies in support of imprisoned or victimised educators and workers, upon the request of education and human rights organisations.

KeepCup $9

buy online securely @ www.nteu.org.au/shop

For more information, please visit the organisations’ websites: Amnesty International  www.amnesty.org Education International  www.ei-ie.org Scholars at Risk  scholarsatrisk.nyu.edu

Turkey Action request: Education International

Mexico

Addressee: Prime Minister and President of the Republic of Turkey

Action request: Amnesty International

Action: Letter re arrest and detention of trade union leaders and activists of the Turkish teachers’ union Egitim-Sen and the Confederation of Public Employees’ Unions (KESK).

Addressee: Governor of Chiapas Action: Letter re 16-year-old student, Jose Emilio Nadayapa Gomez, who was beaten unconscious by police officers in Chiapas, southern Mexico, and continuing intimidation and harassment by police of him and his family.

TURKEY IRAN

MEXICO COLOMBIA

Colombia Action request: Linda Seaborn, NTEU

member (UTAS) Addressee: President, Vice President, and Attorney General of the Republic of Colombia Action: Letter re imprisonment of Lilany Obando (academic and unionist) on ‘rebellion charges’. Prisoner of conscience released report on the more than 1,500 FENSUAGRO (Colombian farm workers union) members who have been murdered in anti-union attacks.

46

Iran Action request: Amnesty International Addressee: President of the Islamic Republic of Iran Action: Letter re detention of Mansour Ossanlu – ongoing health concerns and calling for release of all trade unionists jailed in Iran.

Action request: Amnesty International Addressee: Head of the Judiciary (Ayatollah Sadeqh Larijani) Action: Letter re detention of Dr Mohammad Maleki, former Chancellor of Tehran University, for critising conduct of June 2009 Presidential election.

Action request: Scholars at Risk Network Addressee: President of the Islamic Republic of Iran Action: Letter re incommunicado detention of academic Dr Kian Tajbakhsh, as part of recent spate of arrests of academics throughout the country and restrictions on academic freedom.

NTEU ADVOCATE

YOUR UNION

New staff in the Branches W

GO GREEN WITH NTEU SOFT DELIVERY. Did you know you can opt-out of receiving this magazine by mail?

Instead, you’ll receive a notfication email when the latest issue is available online, for you to read as a fully functional e-mag or PDF. l Login to www.nteu.org.au l Click on ‘Your Details’ l Click on ‘Publications & Communication Preferences’ l Select ‘Email notification (Soft delivery)’.

elcome to new faces at NTEU offices in Armidale and Perth.

Helen McLennan Branch Organiser, University of New England Helen started at UNE in February this year.

After completing her undergraduate study at UNE, Helen worked with the Department of Primary Industries for many years. She has lots of experience in organising meetings, events and conferences for researchers and primary producers.

Helen is passionate about community consultation and participation, and she is enjoying working with members at UNE.

Other staff movements Kate Gale Branch Organiser, Murdoch & Notre Dame Universities Kate studied Music at the Victorian College of the Arts, where she was also the Student Union Education Officer. She has volunteered for years with community groups, campaigning on many issues including peace, the environment and workers’ rights.

Kate is enjoying her work at Murdoch and Notre Dame Universities immensely.

NTEU ONLINE MEMBERSHIP DATABASE Update your details: In order for NTEU to keep you in touch, it is important we have your latest details.

Former Murdoch Branch Organiser, Chris Latham, has been appointed WA Division Organiser.

UniSA Branch Organiser John Pezy has relocated to Monash University as that Branch’s new Branch Organiser.

Leonore Rouse is filling in as UniSA Branch Organiser until Juliet Fuller returns from maternity leave in January 2010.

Jo Hall is acting as Branch Organiser at Flinders University, replacing long-serving Branch Organiser, Teresa Marshall. A

How to check your membership details or download your tax statement online

If any of the following points apply to you, please change your details online or contact us immediately.

MEMBERSHIP DETAILS Have you moved house recently? ÎÎ If you have nominated your home address as your NTEU contact address, you must update it.

Has your family name changed?

Have your workplace details changed?

Has your Dept/School had a name change or merged with another?

Are you moving to a different institution? ÎÎ Transfer of membership from one institution to another is not automatic.

Have your employment details changed? ÎÎ Please notify us to ensure you are paying the correct fees.

For any of the above membership enquiries, please contact: Melinda Valsorda, Membership Officer ph (03) 9254 1910 email mvalsorda@nteu.org.au

CREDIT CARD/DIRECT DEBIT PAYMENTS Have your credit card (ie expiry date) or direct debit account details changed? ÎÎ Please notify us immediately.

Are you leaving university employment? ÎÎ If you are no longer an NTEU member, deductions will continue until the National Office is notified.

For all credit card and direct debit enquiries, please contact: Alex Ghvaladze, Finance Officer ph (03) 9254 1910 email aghvaladze@nteu.org.au

PAYROLL DEDUCTION PAYMENTS Have your payroll deductions suddenly stopped without your authority?

1: Login to the ‘Members Area’ ID = Your NTEU membership number Password = Your surname in CAPITALS

ÎÎ contact your payroll dept urgently.

2: Go to ‘My Home’

Payroll deduction queries should be directed to your Branch or Division office.

3: Select ‘Your Profile’ 4: Select ‘View Details’ (to change personal details) or ‘Print Tax Statement’ (after 1 July)

Annual tax statement: Available for download after 1 July. Statements will not be posted out.

NOVEMBER 2009 www.nteu.org.au

47

Contacting NTEU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Office

office phone fax email website

PO Box 1323, South Melbourne, VIC 3205 (03) 9254 1910 (03) 9254 1915 national@nteu.org.au www.nteu.org.au

NT Division

WA Division

1st Fl, 120 Clarendon St, Southbank, VIC 3006

PO Box 3114, Broadway LPO Nedlands, WA 6009 (08) 6365 4188 (08) 9354 1629 wa@nteu.org.au www.nteu.org.au/wa

PO Box U371, CDU, Darwin, NT 0815 (08) 8946 7231 (08) 8927 9410 nt@nteu.org.au www.nteu.org.au/nt

Queensland Division

27 Cordelia Street, South Brisbane, QLD 4101 (07) 3846 2355 (07) 3846 5977 qld@nteu.org.au www.nteu.org.au/qld

SA Division

Ground Floor, Palais Apartment Complex, 281 North Tce, Adelaide SA 5000 (08) 8231 1472 (08) 8231 1479 sa@nteu.org.au www.nteu.org.au/sa

NSW Division

Level 1, 55 Holt St, Surry Hills, NSW 2010 (02) 9212 5433 (02) 9212 4090 nteunsw@nsw.nteu.org.au www.nteu.org.au/nsw

Victorian Division

NATIONAL OFFICE STAFF

1st Fl, 120 Clarendon St, Southbank, VIC 3006 (03) 9254 1930 (03) 9254 1935 office@vic.nteu.org.au www.nteu.org.au/vic

Officers & Central Resources Unit Executive Officer – President . . . . . . . . . . . . . . . . . Andrea Sauvarin Executive Officer – General Secretary. . . . . . . . . Anastasia Kotaidis IT Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Michael Riley ICT System Administrator/Help Desk. . . . . . . . . . Tam Vuong National Indigenous Officer. . . . . . . . . . . . . . . . . . Adam Frogley Administrative Officer – Resources. . . . . . . . . . . . Tracey Coster Administrative Officer – Reception. . . . . . . . . . . . Tim Rodrigo

Industrial Unit Industrial Unit Coordinator. . . . . . . . . . . . . . . . . . . Eleanor Floyd Senior Industrial Officer (Strategy & Policy). . . . Ken McAlpine Industrial Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . Josh Cullinan, Robyn May Industrial Support Officer . . . . . . . . . . . . . . . . . . . . Rachel Liebhaber

Policy & Research Unit Policy & Research Unit Coordinator.. . . . . . . . . . Paul Kniest Policy & Research Officers. . . . . . . . . . . . . . . . . . . . Terri MacDonald, Jen Tsen-Kwok

Recruitment & Training Unit National Organiser. . . . . . . . . . . . . . . . . . . . . . . . . . . Michael Evans National Publications Coordinator. . . . . . . . . . . . Paul Clifton Membership Records Officer . . . . . . . . . . . . . . . . . Melinda Valsorda Administrative Officer. . . . . . . . . . . . . . . . . . . . . . . . Julie-Ann Veal

Finance Unit Finance Unit Coordinator. . . . . . . . . . . . . . . . . . . . . Jenny Savage Finance Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joanne Dunn, Jayne van Dalen, Gracia Ho,

Alex Ghvaladze, Tamara Labadze, Joyce Wong

48

ACT Division G Block, Old Admin Area, McDonald Place, ANU, Acton, ACT 0200 (02) 6125 2043 ANU/ADFA/ACU (02) 6201 5355 UCan (02) 6125 8137 act@nteu.org.au www.nteu.org.au/act

Tasmanian Division

Private Bag 101, University of Tasmania, Hobart, TAS 7001 (03) 6226 7575 (03) 6226 2172 tas@nteu.org.au www.nteu.org.au/tasmania

NATIONAL EXECUTIVE National President. . . . . . . . . . . . . . . . . . Carolyn Allport Vice-President (Academic). . . . . . . . . . . Gregory McCarthy SA Div Vice-President (General). . . . . . . . . . . . . Jo Hibbert UWS General Secretary. . . . . . . . . . . . . . . . . . . Grahame McCulloch National Assistant Secretary. . . . . . . . . Ted Murphy Executive Members Rachael Bahl ACT Div Lyn Bloom WA Div Margaret Botterill La Trobe James Doughney VU Ian Hunt Flinders Margaret Lee Qld Div Kelvin Michael Tas Div Kate Patrick RMIT

Susan Bandias NT Div Andrew Bonnell UQ Derek Corrigan ANU Gabrielle Gooding UWA Genevieve Kelly NSW Div Matthew McGowan Vic Div Len Palmer CSU Michael Thomson Sydney

Indigenous Executive Member. . . . . . . Terry Mason UWS

NTEU ADVOCATE

NATIONAL TERTIARY EDUCATION UNION – MEMBERSHIP FORM

Surname

 parT Time

 Full Time

 conTinuing/permanenT  Fixed Term conTracT DATE OF ExPIRY

WHaT iS your employmenT caTegory?

WHaT iS your employmenT Term?

➔ uSe paymenT opTion 1, 2 or 3

hRS PER WK

F (03) 9254 1915

E www.nteu.org.au

T (03) 9254 1910

E national@nteu.org.au

NTEU National Office, Po Box 1323, South Melbourne VIc 3205

Please post or fax this form to NTEU National Office

Office use only: Membership no.

You may resign by written notice to the Division or Branch Secretary. Where you cease to be eligible to become a member, resignation shall take effect on the date the notice is received or on the day specified in your notice, whichever is later.

In any other case, you must give at least two weeks notice. Members are required to pay dues and levies as set by the Union from time to time in accordance with NTEU rules. Further information on financial obligations, including a copy of the rules, is available from your Branch.

SignaTure

 general

 academic

WHaT iS your employmenT group?

➔ uSe paymenT opTion 4

rEcrUITEd BY:

‡associated bodies: NTEU (NSW); University of Queensland Academic Staff Association (Union of Employees) at University of Queensland; Union of Australian College Academics (WA Branch) Industrial Union of Workers at Edith Cowan University & Curtin University; Curtin University Staff Association (Inc.) at Curtin University; Staff Association of Edith Cowan University (Inc.) at Edith Cowan University.

daTe

general STaFF caSual

SeSSional academic

MoNTH, If kNoWN

nexT incremenT due

mail/bldg code

PlEASE NOTE OUR SPECIAl RATES FOR CASUAl/SESSIONAl STAFF.

 

If kNoWN

If kNoWN

E.g. lEcTB, HEW4

 oTHer:

annual Salary

claSSiFicaTion level STep/incremenT

daTe oF birTH

poSiTion

campuS

PlEASE USE MY hOME ADDRESS FOR All MAIlING

mobile pHone

poSTcode



 male  Female

depT/ScHool



yeS: aT WHicH inSTiTuTion?

given nameS

FaculTy

currenT inSTiTuTion/employer

Have you previouSly been an nTeu member?

 yeS

WorK pHone INclUdE arEa codE

are you an auSTralian aboriginal or TorreS STraiT iSlander?

email addreSS

Home pHone INclUdE arEa codE

Home addreSS

TiTle

The information on this form is needed for a number of areas of NTEU’s work and will be treated as confidential.

 I am currently a member and wish to update my details

I hereby apply for membership of NTEU, any Branch and any associated body‡ established at my workplace.

INSERT YOUR NAME

Councils and Committees. You will be notified, in writing, of any changes at least fourteen (14) days prior to their implementation. 3. For all matters relating to the Direct Debit arrangements, including deferments and alterations, you will need to send written correspondence to PO Box 1323, Sth Melbourne VIC 3205 and allow 10 days for the amendments to take effect. 4. You may stop any Debit item or cancel a DDR with NTEU at any time in writing. All correspondence is to be addressed to NTEU General Secretary, PO Box 1323, Sth Melbourne VIC

 $27.50  $55  $38.50  $77  $55  $110

annual fEE

Description of goods/services: NTEU Membership Dues.

To: NTEU, PO Box 1323, South Melbourne VIC 3205

pay by cHeque, money order or crediT card

over $20,000

$10,001 – $20,000

$10,000 and under

EstimatEd salary rangE 6 month fEE

pleaSe deTermine your Fee amounT and TicK THe appropriaTe box:

daTe

— — — — daTe

SignaTure

expiry

$

amounT

— — — — — — — — — — — — — — — —

card number

name on card

 viSa

all types of accounts; and account details should be checked against a recent statement from your financial institution. If uncertain, check with your ledger financial institution before completing the DDR. 8. NTEU does not use your financial records and account details for any purpose except the collection of union dues and the information is only available to a small number of NTEU employees.

The details may be provided to your financial institution if a claim was made against that institution of an alleged incorrect or wrongful debit.

pay by cHeque, money order or crediT card

3205. 5. Should any dispute ever arise between you and the NTEU about your payments you should advise NTEU General Secretary in writing or by email in the first instance and, if necessary, NTEU will take advice from your financial institution. 6.

It is your responsibility to have sufficient clear funds to meet the costs of payment under this Agreement.

NTEU, however, does not have a policy of recovering any penalty fees from members if debit items are returned unpaid by the ledger financial institution.

7. Direct debiting through BECS is not available on

accounT number

 pleaSe accepT my cHeque/money order OR crediT card:  maSTercard

 OPTION 4: CASUAL/SESSIONAL STAFF RATES

direct debit request Service agreement: 1. This is an agreement between you and NTEU. 2. Under this Agreement, you arrange to have deducted from your account, on the 15th day in each calendar month (working day), the appropriate amount of dues and levies, payable under NTEU’s Rules, to NTEU (the debit user). If you are uncertain as to when the debit will be processed please contact NTEU on (03) 9254 1910. These arrangements will not change, although the amount may vary in accordance with decisions of your elected NTEU

SignaTure

bSb number

authorise the National Tertiary Education Union (NTEU) APCA User ID No.062604 to arrange for funds to be debited from my/our account at the financial institution identified below and in accordance with the terms described in the Direct Debit Request (DDR) Service Agreement.

daTe

I hereby authorise the Merchant to debit my Card account with the amount and at intervals specified above and in the event of any change in the charges for these goods/services to alter the amount from the appropriate date in accordance with such change. This authority shall stand, in respect of the above specified Card and in respect of any Card issued to me in expiry renewal or replacement thereof, until I notify the Merchant in writing of its cancellation. Standing Authority for Recurrent Periodic Payment — — — — by Credit Card.

proceSSed on THe 15TH oF THe monTH or FolloWing WorKing day

paymenT:  monTHly  quarTerly

 HalF-yearly  annually* *5% diScounT For annual direcT debiT

accounT name

brancH name & addreSS

Financal inSTiTuTion

I

 OPTION 3: DIRECT DEBIT

IF KNOWN

or its duly authorised servants and agents to deduct from my salary by regular instalments, dues and levies (as determined from time to time by the Union), to NTEU or its authorised agents. All payments on my behalf and in accordance with this authority shall be deemed to daTe be payments by me personally. This authority shall remain in force until revoked by me in writing. I also consent to my employer supplying NTEU with updated information relating to my employment status.

STaFF payroll number

proceSSed on THe 16TH oF THe monTH or FolloWing WorKing day

———— ———— ———— ———— card Type:  maSTercard  viSa SignaTure paymenT:  monTHly  quarTerly

 HalF-yearly  annually

card number

name on card

 OPTION 2: CREDIT CARD

SignaTure

Hereby auTHoriSe INSTITUTION

oF YOUR ADDRESS

.0 i INSERT YOUR NAME

 OPTION 1: PAYROLL DEDUCTION AUTHORITY

 I want to join NTEU

Fees for this branch = 1% of gross annual salary

Office use only: % of salary deducted

...and choose ONE of the following payment options

Please complete your personal details...

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