Connect, August 2009 by NTEU

CONNECT An NTEU Publication for Casual and Sessional Staff Vol. 2 No. 2, August 2009

Our universities matter

INVESTING IN PEOPLE & SOCIETY

Hallelujah!

Bargaining for Respect Bargaining for new Collective Agreements is underway at most Australian universities

At last, a patron saint for casual workers

Canberra insecurity UC moves backwards on job security

ISSN 1836-8522 (Print)/ISSN 1836-8530 (Online)

Love the work, hate the conditions Member focus on Chris Elenor from UWS

read online at www.unicasual.com.au

Inside Editorial....................................................... 2 UC moves backwards on job security................ 3

Cover image, ‘San Precario’, designed by Chainworkers.org CreW and inspired by the work of the artist Chris Woods. Licensed under Creative Commons.

First steps towards winning respect.................. 4

Grahame McCulloch, NTEU General Secretary

Member Focus: Chris Elenor............................ 9

Editorial

Casual-T: Lipton’s disposable jobs................... 10 Stamping out casual contracts in the UK.......... 10

A patron saint for casuals...............................11

For more information on Connect and its content please contact the NTEU National Office:

Casual Membership Form.............................. 12

Post: Phone: Fax: Email: Web:

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

Welcome to the third national edition of Connect, the NTEU magazine focussing on issues affecting casual and sessional academic staff. Precarious work is rarely epitomised by fair and just working conditions. By its very nature, such work is insecure and it was with this in mind that ‘San Precario’ (cover image) was created in Milan in 2004. More

Local Branch contact details available at: www.unicasual.com.au/contact.html

can be found on San Precario on page 11.

The views expressed in this publication are those of the individual authors, and not necessarily the official views of NTEU.

bargaining outcome at the University

In the last edition we reported on the of Ballarat. Our bargaining campaign to secure better pay and conditions for casual and sessional staff has since seen a series of wins. These provisional outcomes set a high standard for other universities to

In accordance with NTEU policy to reduce our impact on the natural environment, this magazine is printed on 100% recycled paper: produced from 65% post-consumer waste and 35% pre-consumer waste.

meet with regard our key claims – separate payment for marking, 25% loading, limits on the extent of casualisation and real opportunities for career development. In this edition we have set out the state of play with regard our claims, on pp.4–7. The University of Canberra commenced a hostile campaign to contract out academic work in recent weeks and on p.3 you can read about the impact of this on staff. NTEU will continue to fight for all our claims in the months ahead. On 16 September 2009, many universities which are yet to reach Union Collective Agreement’s

Get Active. Get Covered

will face a National Day of Action by NTEU members. We encourage you to find out how you and your colleagues can be involved in this day of action and help win respect at work. To find out the latest on the campaign contact your NTEU Branch and check out the campaign website at www.unicasual.

com.au.

CONNECT

UC moves backwards on job security By Jane Maze, Division Organiser, NTEU ACT Division Casual staff have been little-regarded victims of ongoing upheaval at the University of Canberra (UC). Recent years’ budget difficulties led to

when a range of level B and C positions

UC has a strong focus on professional

almost all casual staff being slashed at short

(rebadged as Assistant Professorships)

degrees and many members in these areas

notice in at least one faculty.

were advertised by the University of Can-

have commented that potential academics

berra for fixed-term contracts only, and yet

with both adequate professional experi-

all the Union’s collective bargaining claims

The University has so far rejected almost

the qualifications sought had jumped, ap-

ence and doctoral qualifications are rare.

for casual staff.

pearing to exclude many casuals who had

While NTEU seeks to increase the level of continuing employment in the sector, UC

been successfully teaching in these areas. The ‘essential’ selection criteria for these

NTEU has suggested that existing casual staff apply for these roles even if they are unsure about having the full range of quali-

appears to be trying to take a lead in re-

level B/C positions include academic

fications called for. Many members believe

ducing it. It wants to appoint all future level

qualifications at Doctoral level or equiva-

the University’s hope of attracting staff with

A, B and C staff to fixed term contracts only.

lent accreditation, an excellent record of

this level of qualification to non-continuing

publication in relevant research areas, and

roles is unfounded.

A number of casual lecturers hoping for more secure roles were dismayed recently

a strong record of strategic leadership.

A message from the National Tertiary Education Union regarding

Employment at the University of Canberra Potential applicants for academic positions recently advertised by the University of Canberra should note the following: • The University has a policy that all academic positions will be filled on a fixed-term basis except for some Level D and Level E positions. • The Assistant Professor positions advertised are fixed-term. • Assistant Professors are highly unlikely to get a second contract unless they demonstrate that they can perform at Associate Professor level. • The University is seeking to increase academic workload in terms of the total number of contact hours and weeks of teaching. • Only 14.6% of the 19% pay rise advertised by the University is guaranteed. The 19% is an upper range compound figure for 2012 that depends on the University obtaining additional government funding and also on individual performance. • There is a significant dispute between the National Tertiary Education Union and the University over these and other employment matters. For further information please contact the NTEU ACT Division, phone 02 6125 2043, email act@nteu.org.au www.nteu.org.au/act Authorised by Ted Murphy, NTEU National Assistant Secretary and Craig Applegate, NTEU University of Canberra Branch President.

Our universities matter

Semester 2, 2009

INVESTING IN PEOPLE & SOCIETY

s p e t s First g n i n n i w s d towar

Respect…

By Josh Cullinan, National Industrial Officer The current round of bargaining has been slower than anticipated, but a clearer picture is starting to emerge of the capacity for NTEU to achieve our key claims. Our claims for casual staff, including casual and sessional academic staff, were made at all institutions in 2008. This followed the work of hundreds of NTEU members in 2007 to develop the bargaining claims.

General bargaining update

should be casual when it is truly ‘casual’ in nature. When work

end of 2009, a number of Agreements were reached prior to May

is ongoing, employees should be able to access permanent or

2009 which achieved many of our bargaining claims. This included

fixed term employment with better pay and job security.

short Agreements at University of Ballarat, Charles Darwin Univer-

4. Access to more secure forms of employment and career devel-

sity, Australia National University, University of Western Australia.

opment. Academic casuals deserve a real career path, including

Most recently, Victoria University is finalising a short Agreement.

opportunities for experienced casuals to access promotion and

NTEU is now pursuing Union Enterprise Agreements at all other institutions which will expire in 2012 – locking in improved terms

ongoing employment. 5. Improved facilities and inclusion in collegiate activities. Casual

and conditions and securing sectoral standards for 3 years. NTEU

and sessional academic staff should be entitled to the same

will also shortly commence negotiations at those universities that

resources, facilities and collegial opportunities as other staff.

negotiated shorter Agreements with a view to improving a range of conditions and determining salary outcomes until 2012.

State of Play

Casual & Sessional staff claims

The outcomes at certain universities are included in the table on

As reported in previous editions of Connect, the NTEU bargain-

casual and sessional claims so those institutions are not included.

ing claims include specific improvements for casual and sessional

To find out more about the current status of your institution’s offer

academic staff. Other improvements should also see improved

on these claims, please contact your local NTEU Branch Office.

conditions for all staff including casual and sessional staff. The spe-

pp.6–7. Some universities have not made any offer in relation to

It is important to clearly understand that the status of each set

cific claims for casual and sessional members are:

of negotiations, other than the ‘shorter agreements’ is still in flux.

1. Payment for all duties performed and hours worked. Many casu-

The offers made by management are without prejudice and may

als and sessionals reported performing significant unpaid and

substantially change prior to a final Agreement being voted on by

underpaid work, especially in relation to marking. Guaranteed

members. To put it simply, those sections of the table are a ‘state of

payment for all work performed, including separate pay for

play’ and not yet an ironclad outcome. Some of the ‘state of play’

marking, should be a basic entitlement.

provisions are not satisfactory for members in any event.

2. A significant improvement in casual/sessional academic pay. Improved overall pay rates for tutoring and lecturing, better

3. Limits on the extent of casual employment. Academic work

While NTEU is no longer pursuing Agreements that expire at the

How we’ve achieved these outcomes

superannuation and access to annual pay increments are crucial

While we had some hiccups at the commencement of bargaining, it

to ensuring a living wage for casuals. The new modernised

is now clear that separate payment for marking and the 25% load-

higher education Award will include a 25% casual loading as the

ing are being achieved. Career pathways and limits on the extent

minimum, providing the impetus to achieve this rate in all new

of casual employment are also being won as are improvements to

Enterprise Agreements.

rights to facilities. NTEU understands the achievement of separate

CONNECT

payment for marking has the double benefit of substantially im-

policies not to pay for unit preparation, unit policies to require

proving the actual pay for preparation, delivery and consultation,

unpaid lecture attendance of tutors and universities refusing to

as well as placing a clear border on the work that might otherwise

pay for marking correctly. Each of these examples is a collective

flow under the purported heading of ‘reasonably contemporane-

dispute in which many staff are not being paid appropriately.

ous marking.’

Often our starting point is to discuss how we can bring the other

Casuals at the table

affected casual and sessional staff into the picture. These are ways

Enterprise bargaining can occur at a frenetic pace when a negoti-

thinking about how you can work together with your colleagues

ated outcome is within reach of members. It has been clear from

to get a better deal for casual staff at your institution, contact your

the outset that when it comes to explaining and representing

local NTEU Branch office to find out how we can help.

casual issues, it is invaluable to have casuals themselves engaged

Outcomes

we can build our union. If you have such an issue, or if you are

and at the bargaining table. In the table above, all those universities that had NTEU casual members representing their claims at the

The outcomes in the table (when implemented) will see marked

negotiating table have achieved separate payment for marking.

improvement in the way casuals are paid, and in the university

It is obvious that where local casual NTEU members are able to

engagement with casuals and sessionals as staff members of the

articulate the myriad of issues which lead to our claims to Univer-

institution. Marking will not be able to be an open ended question

sity management, the University struggles to avoid fixing what we

– it will be paid in accordance with guidelines and on an hourly

know are systemic problems.

basis. Superannuation improvements will be a small step towards

Casuals committed to action

greater equity with other university staff in the future. Limits on the

For many casual and sessional members participation in industrial

fixed term employment, should see many new ongoing positions

action can mean no or very little pay for the week. In some cases

created in universities. Early Career Development Fellowships

such sacrifices are difficult to justify for members – particularly in

(ECDFs) are a real way for casual and sessional academic staff to

drawing a clear line of distinction between their action and the

get a toehold in more secure work and to be paid for research.

extent of casual work, combined with renewed limits on the use of

achievements at the bargaining table. There is no doubt that empty

Each of these outcomes will be dependent on the final words of

classrooms, complaining students and protest lines all have an im-

the relevant Union Collective Agreement reached at each institu-

pact on recalcitrant university managements. Where these manage-

tion. Your local NTEU Branch will be able to help explain what

ments can see the sacrifices some staff make to achieve respect we

the technical language means (your entitlements). The Unicasual

are more likely to succeed.

website (www.unicasual.com.au) will be updated to reflect these

Another mechanism for shifting university positions on our claims

new rights. Connect will also keep you appraised of outcomes and

is to identify particular situations where casual and sessional staff

what they mean to you.

are exploited. We know these are all too frequent – they are the

Our campaign continues

basis for many of our claims – however often management representatives argue they don’t understand the scale of the problem. Notifying disputes, logging bullying allegations, demanding

The table describes the state of play at just over one third of Australia’s universities. While negotiations continue at some

proper payment are all examples of how NTEU is able to continue

of these institutions, our claims also remain outstand-

showing universities that these issues exist and that they must be

ing at the majority of institutions. It is important that

dealt with through collective agreement negotia-

now is the time to find out how you and your

tions.

colleagues can participate in the campaign to achieve our claims at your institution.

Building your union

NTEU members at many institutions

As NTEU membership increases

will be participating in a National Day

our capacity to achieve outcomes

of Action on September 16. In addi-

which help address the issues

tion, bargaining meetings and cam-

faced by casual and sessional aca-

paign meetings will be occurring

demic staff also improves. Casual

up to and after the day of action

academic activists are an important

and we want to know about your

part of our effort to reach the tens of

ideas, advice and action in achieving

thousands of casual and sessional academ-

your claims. Contact your local NTEU

ics in Australia. Often there can be a sense that issues

Branch Office and discuss with your

such as underpayment are isolated or only affect one staff

colleagues how we can achieve our

member. Almost every industrial issue we uncover at almost

casual and sessional staff claims.

all institutions is much wider. Some examples include faculty

Semester 2, 2009

Photo Alex White

Enterprise Bargaining Steate of Play Institution

Salary offer

Separate payment for marking

Significant improvement in pay

Deakin

17.1% (compounded)



• 25% loading. • Access to LSL. • Minimum 9% superannuation for all.

ECU

18.3% (compounded)



• 25% loading. • Access to LSL. • Minimum 9% superannuation for all. Improvements for academic staff who are unit coordinators. • Significant improvement in pay for on-line units.

La Trobe

14%



• 25% loading from 2010. • Access to LSL. • Abolition of Research Assistant pay scale under consideration.

RMIT

No offer yet



• 25% loading. • Access to LSL. • Minimum 9% superannuation for all. • PhD Rate at Higher Step. • 36 hour divider under consideration.

Swinburne

No offer yet



• 25% loading. • Access to LSL. • Minimum 9% superannuation for all.

Sydney

18.3% (compounded)



25% loading.

UTAS

4% (1 year)

Yes, but a 20% cut in casual rates of pay.

• 25% loading (2 years to fully implement). • Access to LSL. • 15% loading for casuals with 5 or more years experience.

Monash

16%



• 25% loading by second half of 2010. • Access to LSL. • Minimum 9% superannuation for all.

t c e p es

SHORT UNION COLLECTIVE AGREEMENTS

ANU

4.5%

Ballarat

10.9%

CDU



25% loading.



25% loading.

9.7%



25% loading.

VU (being finalised)



25% loading.

UWA

6.1%



24% loading.

CONNECT

Limits on extent of casualisation

Career pathways

Facilities and respect

Commitment to not exceed current prorportion of casual staff and to reduce by 1%.

Not part of current offer.

• Before and beyond contract access to library and computer facilities for 3 weeks.

Under consideration.

Convertible fixed term contracts for long term casuals.

• Provision of relevant UCA clauses at commencement of employment.

Non-casual employment to be preferred for research-only work. Other claims under consideration.

• Paid induction. • Reasonable resources such as room, phone, copying, email.

c e p s e R • Access to unpaid parental leave and several other forms of leave on unpaid basis. • Other claims under consideration.

Under consideration.

4 ECDFs (current offer).

5% faculty based cap on face-to-face teaching delivered by casuals.

Casuals with teaching loads of 60% to be contract.

Longer notice periods.



Under consideration.

• Minimum 3 hour paid induction.

Unpaid carers and parental leave.

• IT allowance where office facilities are needed but not provided of $15 per month. Under consideration.

25 ECDFs of which 5 to be Indigenous.

• Library cards. • Out-of-hours access. • Email accounts. • Network and intranet access. • Inclusion in the university’s telephone book and web directory including during non-teaching periods over the calendar year. • Unpaid carers and parental leave.

For future bargaining.

Right to apply for internally advertised positions.

• Library cards. • Out-of-hours access. • Email accounts. • Network and intranet access. • Workspace. • Out of hours access.

For future bargaining.

4 ECDFs.

For future bargaining.

A commitment to specific staff ratios for future bargaining.

Level A positions to be advertised internally to casuals in the school and ECDFs for future bargaining.

Adequate and appropriate access to professional development opportunities.

For future bargaining.

• Although possibly shared use basis, EB entitlement to: workstation,telephone, networked PC and email. • One day notice.

Semester 2, 2009

Our universities matter

INVESTING IN PEOPLE & SOCIETY

GET Respect at workâ&#x20AC;Ś n o i t c A f o y a D l Nationa

t p e S 6 1 Wed Everyone deserves respect at work. To find our more about how collective bargaining can increase respect at work visit:

www.universitybargaining.com.au

Member focus

Chris Elenor University of Western Sydney

“

I have worked as a casual at the University of Western Sydney (UWS) for five years now. Love the work, dislike the conditions. I have always been in the Union wherever I have worked so it was great to find the NTEU had a commitment to representing the interests of casuals. After attending a meeting of the national casuals’ network and hearing of the common problems around the country, I joined the UWS Branch committee to work for better conditions. The majority of the teaching at UWS is now done by casuals however few are a member of a Union with coverage at UWS. Some are already members of other Unions. How do you recruit

Earlier this year, we held meetings at each of the main campuses where casuals came and told stories of their experiences at UWS. On the basis of these meetings and extensive email feedback, we have established a casuals’ reference group which is putting together the key clauses for the new Agreement. These include some opportunity for casuals to move towards more secure forms of employment with the University, and payment for a range of student support work both online and for student consultation. Other hot issues include parking and underpayment for marking. The Branch also sent out flyers to all academic casual staff. The flyer lists the rights we have as casual academics at UWS, invited casuals to join the social networking site, and join the NTEU. These organising initiatives, with practical support from the UWS

and organise people who are generally outside the collegiate life

Branch Committee and delegates’ network in the

and are physically at the University for limited periods of time at

Schools, have led to casuals joining the online casu-

six UWS campuses spread across Western Sydney? It requires an

als’ network, the reference group and in increased

approach suitable to the circumstances – virtual networks?

membership of the Union.

Last year Cat Coghlan, the NTEU UWS Branch Organiser, set up a social networking site for UWS casuals which has attracted 60 members. As part of the campaign for a new Collective Agreement we have gradually compiled a live email list of 1400 casuals.

Chris Elenor is a casual academic at the University of Western Sydney. He is on the NTEU UWS Branch Committee and a member of the bargaining team for the new Agreement, representing the interests of casuals.

get connect online read this magazine as an e-book or pdf @ www.unicasual.com.au

CASUAL?

SESSIONAL? NTEU is the union for all university staff NTEU understands casual academic work usually isn’t all roses. Casuals have no job security and often face problems like underpayment, poor facilities and little collegial and professional recognition.

Get Active. Get Covered.

www.

unicasual .com.au

Semester 2, 2009

Pakistan: Casual-T disposable jobs Unilever’s Lipton tea factory at Khanewal, in Pakistan’s Punjab province, employs 22 permanent workers, union members who are covered by a Collective Agreement. But another 723 workers are hired through six contract labour agencies. The small number of permanent workers

Determined to build a more secure

receive a monthly base wage of PKR 18,000

future, and to avoid the victimisation which

(A$263). The basic wage for those provid-

was the fate of workers involved in earlier

ing disposable, ‘temporary’ work is PKR

struggles challenging precarious employ-

6,000 if they’re lucky enough to work a mini-

ment at the factory, the contract agency

mum 26 days. Otherwise the daily wage is

workers formed the Unilever Mazdoor

PKR 232 – about A$3.40. Where permanent

Union Khanewal. The union is assisting con-

workers receive double for overtime and

tract agency workers to file petitions in the

holidays, agency workers simply receive

Labour Court to secure their right to perma-

the basic hourly wage. Disposable workers have no annual or medical leave. From

nent employment. The union has organised All of these workers should by law have

one week to the next, they do not know

been granted permanent jobs as soon as

their assignments or work schedules – or

they completed 9 months of continuous

whether they will have work.

employment.

The majority of these workers have

Two Lipton workers dismissed after 30

rallies and demonstrations and publicised their struggle, but so far without success. The Lipton workers are fighting for the right of workers everywhere to decent work – secure employment, a living wage,

worked for more than 10 years at the

years of working at Unilever’s Khanewal

health and retirement benefits, and the

Khanewal factory, with an average of 15

tea factory at minimum wage received no

right to join a trade union with a collec-

years and some as long as 30 years. But

social security, medical benefits or pension.

tive bargaining relationship to their real

since they’re not formally employed by

Workers like these built the profits which

employer.

Unilever, they are barred from joining a

allowed CEO Niall Fitzgerald to retire from

union of Unilever workers and bargaining

Unilever in 2004 with a £17 million golden

with Unilever as their employer.

handshake.

For further information visit www.iuf.org/casualtea

UK: Stamping out casual contracts Britain’s University and College Union (UCU)’s ‘Stamp Out Casual Contracts’ campaign is highlighting the work that UCU is undertaking in fighting casualisation in further and higher education. UCU has a long history of fighting casuali-

(minimum) hours contracts; and to seek

sation and demanding fair treatment for its

equal treatment for agency workers.

members. Campaigns against casualisation

• To oppose selection for redundancy on

are supported by all members – not just

the basis of being on a fixed-term and/or

those who are directly affected.

part-time contract.

Casualisation in all its forms is a blight to further and higher education bringing with it inefficiency, inequality and personal stress. UCU wants to change that. The aim of the campaign is to challenge casualisation, making all members aware of the issues, giving branches the

• To transfer hourly paid and other staff on The specific aims of the campaign are: • To increase the use of permanent contracts for the many professional staff employed on casual contracts across further, higher and adult education. • To resist vulnerable employment,

casual contracts to full-time or fractional contracts with the same terms and conditions as permanent, full-time salaried staff. • To increase the recruitment and activism within UCU of those on casual contracts, and encourage their voices to be heard

materials and support they need to make

including the imposition of zero hours

a difference locally, and encouraging staff

contracts, bogus self-employment, pay

staff on casual contracts, including photo-

on casual contracts to join and become

lower than that of colleagues doing

copying facilities and desk space.

involved in UCU.

comparable work, detrimental variable

CONNECT

• To push for fair working conditions for

For further information visit www.ucu.org.uk

Italy: A

patron saint for casuals Created in Milan during preparations for 2004 EuroMayDay by the webzine Chainworkers, San Precario is the patron ‘saint’ of precarious workers. San Precario is widely used for awareness-building and unionisation of casual workers.

Traits of San Precario Given the strong religious traditions of Catholicism within Italy, San Precario was created as a faux saint, which mimics the many rituals of saint idolisation. Although originally created as a male, San Precario is said to be transgender, with no fixed identity. San Precario is represented in statues, processions and saint cards, and has specific prayer modelled on the Lord’s Prayer (see image). Precario’s declared Saint Day is Sunday 29 Febru-

‘Precarity’ is a condition of

ary: the symbolism serving to show that Sunday no longer

existence without predict-

remains a ‘Day of Rest’.

ability or security, affecting

San Precario’s first

material or psychological

public appearance

welfare. The term has been

was at a Sunday super-

specifically applied to either

market opening on 29

intermittent work or, more

February 2004, where a statue was carried in the

generally, a confluence of intermittent work and precarious existence.

streets, preceded by as-

In its English usage, ‘precarity’ was first

sorted ‘clergy’ including

used by Léonce Crenier, a Catholic monk

a cardinal reciting prayers

who had previously been active as an

over a loudspeaker, and

anarcho-communist.

followed by pious people. The Italian Government

Local miracle

in recent years has used this

San Precario made his/her first known

concept of ‘flexibility’ to in-

Australian appearance at the 2009 May

troduce exploitative individ-

Day parade in Brisbane. NTEU mem-

ual contracts. San Precario’s

bers carried San Precario posters and

request is for ‘Flexicurity’, wel-

banners with the demand ‘Casual

fare which protects workers

University Staff Need Job Security’.

without rejecting the independ-

For further information visit www.sanprecario.info

ent ideals of ‘Flexibility’.

History of precarity

Semester 2, 2009

NTEU CASUAL/SESSIONAL MEMBERSHIP FORM

AUG09

FOR CASUAL/SESSIONAL STAFF ONLY. Full time & part time, continuing/permanent or fixed term contract staff should fill out a separate form.

Personal & Employment Details

Title

Surname

This information is needed for a number of areas of NTEU’s work and will be treated confidentially in accordance with our Privacy Statement.1

Institution

Given Names

Employer

Home Address

Campus

Mail/Bldg Code

Faculty

Dept/School

State

Postcode  Please use my home address for mailing

Home Phone (include area code)

Position

Work Phone (include area code)

Classification Level (e.g. LectB, HEW4)

Step/Increment

Mobile Phone

Annual Salary (equiv. full time)

Month next increment due

Work Fax (include area code)

Staff/Payroll No. (if known)