Connect , March 2020

THE MAGAZINE FOR AUSTRALIAN CASUAL & SESSIONAL TERTIARY EDUCATION STAFF

onnect volume 13 number 1

®

semester 1 march 2020

3 MONTH

FEE SUSPEN SION FOR ALL NEW & EXISTING CA SUAL MEMBERS see inside

Coronashock: Universities and COVID-19

Casual voices & the inquiry into wage theft

Support for casuals during the pandemic

Tips on working from home & staying healthy

Growing casual strength in the Union

UK report: Casuals treated like 2nd class citizens

FREE ONLINE AT UNICASUAL.ORG.AU

In this issue 1

Coronavirus exposes universities’ unhealthy obsession with casualisation Alison Barnes, NTEU National President

2

Postgrad mental health & wellbeing Romana-Rea Begicevic, CAPA President

Cover image: Solidarity is the Best Medicine (Illustration by Sam Wallman. ©2020) www.samwallman.com See full image, p.7

3

Fee relief for casuals Matthew McGowan, NTEU General Secretary

NTEU pressures VCs on rights for casuals Sarah Roberts, Assistant Secretary, Victorian Division

4

Coronashock: Adapting universities to the worldwide pandemic Terri MacDonald, Acting Director (Policy & Research)

7

Solidarity is the best medicine Sam Wallman

8

Tips and advice on working from home Helena Spyrou, Education and Training Organiser

9

Looking after your mental health Gabe Gooding, National Assistant Secretary

10 Senate Inquiry into .Wage theft Gabe Gooding, National Assistant Secretary

13 Dozens of conversions .from casual to permanent at QUT Mike Oliver, Senior State Organiser, Queensland Division

14 Growing casual strength in the Union National Tertiary Casuals Committee

16 UK report says casual university staff treated like second class citizens 18 Secret meeting calls for .leadership on casualisation

UK’s biggest .ever uni strikes

19 Delegate profile: .Dr Victoria Bladen

Connect is a publication of the National Tertiary Education Union (NTEU). All rights reserved ©2020 ISSN 1836-8522 (Print)/ISSN 1836-8530 (Online)

NATIONAL TERTIARY

CASUALS COMMITTEE

Read online at www.unicasual.org.au Editor: Alison Barnes Production: Paul Clifton Editorial Assistance: Anastasia Kotaidis

Connect ® Volume 13, no. 1 ® Semester 1, 2020

NTEU National Office PO Box 1323, South Melbourne VIC 3205 phone 03 9254 1910 email national@nteu.org.au The views expressed in this publication are those of the individual authors, and not necessarily the official views of NTEU. In accordance with NTEU policy to reduce our impact on the natural environment, this magazine is printed on 100% recycled paper: produced from 65% postconsumer waste and 35% pre-consumer waste.

By Alison Barnes NTEU National President

Coronavirus exposes universities’ unhealthy obsession with casualisation The COVID-19 (coronavirus) crisis has highlighted two existing and highly problematic issues in Australia’s higher education system: over-reliance on international student income (due to insufficient funding of the sector) and its chronic over-reliance on casual staff.

Just as before casual workers are again the most vulnerable. No paid leave if you are sick or have to self-quarantine, and no guarantee of income if classes are cancelled or campuses closed.

whether to eat or whether to risk infecting others.

The Morrison Government’s recent stimulus package to address the Coronavirus crisis had no real joy in it for casual workers. The government ruled out providing two weeks of paid leave for those workers without any sick leave provisions. Instead, casual workers will be able to access Sickness Benefit through Centrelink without the mandatory waiting period if they are sick or have to self-quarantine, and the Newstart allowance if their employment is not subsequently resumed.

We know how inadequate these payments are and how difficult they can be to access.

A casual worker in a stressful financial situation should not have to deal with the difficulties of Centrelink means testing and documentation requirements simply to access a few hundred dollars of Sickness Benefit. A blanket guarantee of paid leave is needed in times like these.

The lack of support for casuals also amounts to a very poor public health policy decision. Workers who are forced to work to survive when they may be infected or should be self-quarantined can only make the pandemic threat greater. No casual should be forced to make the decision of

3 MONTH FEE SUSPENSION see p.3

The Government’s stimulus package also failed to include anything for the higher education sector in spite of it being one of the worst hit areas of the economy.

The NTEU wrote to Education Minister Dan Tehan on 14 February asking for consideration of a rescue package for the sector, but we are yet to receive any response.

We also wrote to all universities on 10 February, asking them to ensure that no worker would be worse off should classes be cancelled or campuses closed.

The NTEU is asking universities to step in and fill the gap left by the Morrison Government.

We want all universities to provide universal staff access to fully paid special leave in the case of a campus closure or should they fall ill or be required to self-isolate and that pay and leave balances will be protected. No university worker should be forced to choose between quarantine and feeding their family.

Any university with a casual staff cohort should be prepared to support its staff in this crucial way. The NTEU will be following up on this issue through local NTEU Branches as the situation develops in the coming weeks.

TIPS ON WORKING FROM HOME see p.8

INQUIRY INTO WAGE THEFT see p.10

Connect ® Volume 13, no. 1 ® Semester 1, 2020

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By Romana-Rea Begicevic CAPA President

Postgrad mental health & wellbeing Mental health in academia is increasingly highlighted in international literature as an area of importance. Recent research reports that one in two PhD student’s experiences psychological distress. One in three are at risk of a common psychiatric disorder. In Australia the reality is not different.

However, there is a need for more Australian-based research, larger sample sizes and national and university data to be routinely collected/reported. Of the research we do have available, we can identify students in higher risk groups are international students, rural/regional and remote university students, law/medicine and students from low socio-economic backgrounds.

A 2018 Universities Australia survey reported that many students are still ‘doing it tough’ to the extent of being unable to afford basic necessities and being forced to miss classes to work. While struggling to ‘make ends meet’ during their time at university, many students are also accruing significant future debt. In 2016-17 the estimated average student HELP debt was $19,100, taking approximately 8.8 years to repay. With the lowered income repayment threshold to just $45,000, HELP debt is no longer put off until the debtor is ‘earning a decent wage’ as was the case in the past.

A growing body of literature is showing that student debt has negative effects on student and post-study wellbeing, including poorer mental health. Similarly, graduate students experience higher levels of stress due to financial responsibilities.

Equally stressful is the fact that PhD students face uncertainty about the future, such as funding for research and what they are going to do after a PhD. Rural and regional, Aboriginal and Torres Strait Islander and international students are at greater risk of mental health problems at universities. For these people, the stressors of university life can be compounded by relocation from families, friendship and support networks, cultural connections and traditional lands. Any of these factors can lead to an early course exit. Negative and harmful experiences on campus can further impact mental health outcomes and the need for support services such as results from the AHRC Change The Course report on sexual assault and harassment at Australian universities. The LGBTQI community has their own unique risk factors and may experience discrimination in their research community as a result of their identity.

It is all too common to see PhD students work themselves to the point of physical and mental illness in order to complete

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their studies. It is less common to see PhD students who feel that they are under such pressure that the only option is suicide.

But it does happen. There is a culture of acceptance around mental health issues in academia – and this needs to change.In Australia 35.4% of students had thoughts of self-harm or suicide with 50.9% of students having thoughts of suicide at least once in the previous year and 14.8% making at least one attempt. Plenty of students have sought out mental-health care in graduate school but not all of them did so successfully. Some reported that they tried to seek care, but their universities didn’t offer timely counselling to graduate students. Others reported month-long waiting lists and that counselling is only offered on a short-term basis.

A study of eight university counselling services in Australia and New Zealand found that 100% agreed severity and complexity had increased, 64% were unable to respond to all requests within 2 weeks and there were inadequate staff to student ratios on average 1:3000-5000 students.

It’s common knowledge that getting a PhD is hard. It’s meant to be. Some even say that if you’re not up all night working or skipping meals, you’re doing it wrong.

While PhD students are not so naive as to enter the program expecting an easy ride, there is a cost to the endeavour that no one talks about, a psychological one.

But keeping problems hidden, and the often-Darwinian culture among graduate students competing for a handful of professorial jobs; too many people assume that psychological problems are only for the weak. In essence, many PhD students are so accustomed to hard work and selfdiscipline that they beat themselves up when their efforts to manage depression fail to generate perfect results.

It’s important that research students directly confront the tenuous realities of the academic job market and plan accordingly with career training. Uncertainty about the future can take a major toll on students, but they’re less likely to suffer if their entire identities aren’t tied to graduate school. The aim is to achieve a balance in life so that a rich world of family, friends, and hobbies give fulfilment where work may not.

Image: TotumRevolutum/Pixabay

Fee relief for casuals

By Matthew McGowan

The COVID-19 crisis is affecting everyone, but casual staff are worse off than most. That is why your Union has made the following decisions to try to assist our casual members.

Fee suspension for existing casual members

Fee suspension for new casual members

All casual members will be given a 3 month waiver on their fees. Your next payment due date will be pushed back by 3 months whether you pay monthly, quarterly, half yearly or annually.

Any casual members who join NTEU in the next 8 weeks will also receive an immediate 3 month waiver on their fees, reducing the amount they will be billed.

You do not have to do anything, we will apply the waiver on the understanding that all casual members are facing hardship in the current circumstances.

Please note that new members will be required to enter their payment details (direct debit or credit card), but they will not be charged any fees until after the 3 month grace period.

NTEU General Secretary

Fee increase suspended NTEU had a small fee increase scheduled for March this year. This fee increase has been deferred until July 2020.

NTEU casual fees are reviewed every year.

Last year we decided not to increase fees and to catch up in 2020. This decision delays that by a further four months.

We are all in this together and your union is very aware that you are doing it tough. We are always stronger together.

NTEU pressures VCs on rights for casuals

By Sarah Roberts Assistant Secretary, Victorian Division

The COVID-19 pandemic declaration on 11 March caught many universities by surprise.

Less than a week before, many university leaderships were deep in ‘business as usual’ mode and in meetings with the Union, dismissing questions around university shutdowns and banning mass gathering as unnecessary panic-mongering.

Skip forward 8 days and the landscape dramatically changed. Universities, TAFE and private providers were struggling to cope with the additional demands placed on cleaning, moving all teaching to online, banning domestic and international travel, coping with quarantined staff, planning for closures and most importantly working towards guaranteeing staff safety and pay.

This transformation didn’t happen by accident On 12 February, NTEU wrote to all ViceChancellors seeking guarantees around alleviating staff workload pressures due the need to move courses online, maintenance of work and pay for casual staff and urging a strong position against bigotry and racism in the sector’s response to the crisis.

In the coming weeks, reports of staff needing to self-isolate started to emerge, and the panic level amongst staff quickly escalated. On 13 March the ANU, no stranger to complete shutdowns during the summer bushfire crisis, announced via a simple tweet that ‘if you are due to work but cannot attend because you are required to self-isolate, you will not be financially penalised.’

This spurred the Union on to release the first of its scorecards rating universities on their commitments around: • Paid extra leave for staff required to stay at home, including if campuses closed.

• Explicitly extending this commitment to all casual staff.

On 16 March, the Victorian scorecard was released through social media, showing only the ACU as having fully committed to our demands, and three more with partial commitments. The scorecard was shared enthusiastically by members and by 17 March four more universities had crumbled under pressure and made further commitments in full or complete satisfaction of our demands.

This pattern was repeated in each State, resulting in enormous wins for casual staff.

At the time of writing, many universities had committed to paying casuals during any period of COVID-19 related isolation, and more have extended this commitment to pay if and when the university might be required to shut down.

The Union’s simultaneous decision to offer 3 month free membership to casuals, and give a membership fee waiver for

casuals, further bolstered pressure on managements around the country, with casuals clamouring for their employer to take care of them and listen to them in the same way the NTEU was.

On 19 March, NTEU launched an online petition putting explicit pressure on VCs to guarantee paid leave. Within less than 24 hours it had received over 7000 signatures and #covidunis was trending on Twitter.

The campaign so far shows that thousands of university staff have been prepared to step up and take action online in circumstances where physical action is impossible. This member pressure has delivered real outcomes for casuals and ensured thousands of people can weather this storm with guaranteed pay and leave instead of frightening insecurity. People power delivered this win!

This is what unions are for – looking after each other. As unionists we must look after our most vulnerable and our most isolated comrades because we know if we do that, we all rise together.

See our State scorecards and petition at www.nteu.org.au/covid-19

Connect ® Volume 13, no. 1 ® Semester 1, 2020

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Coronashock

Adapting universities to the worldwide pandemic

Image: Computer rendering of COVID-19 (CDC); University graduates (hxdbzxy/123rf)

When reports emerged in late December 2019 of a mysterious and unidentified new illness affecting people in the Chinese city of Wuhan, few people would have been prepared for the sudden and rapid spread that saw the disease declared a pandemic only three months later.

By Terri MacDonald NTEU Acting Director (Policy & Research)

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Connect ÂŽ Volume 13, no. 1 ÂŽ Semester 1, 2020

®®® Coronashock: Adapting universities to the worldwide pandemic The responsible pathogen was named ‘SARS-CoV-2’, and the disease it causes has been named ‘coronavirus disease 2019’ (abbreviated ‘COVID-19’). It is in the same family of virus as the well-known severe acute respiratory syndrome coronavirus (SARS-CoV) and Middle East respiratory syndrome coronavirus (MERS-CoV), both responsible for the deaths of hundreds of people in the past 17 years.

painful as this was for universities, the travel ban soon extended to other countries where the Coronavirus had spread to – Italy, South Korea and Iran next in line, although by this time the academic year had started, so the fallout was lessened to some extent.

However, while COVID-19 is less deadly than SARS and MERS, it showed very quickly that it was far more virulent, with higher mortality overall. While the vast majority of people who contracted the illnesses had very mild to moderate symptoms (including none reported), the contagion’s rapid spread saw significant numbers affected severely, with deaths occurring in alarming numbers.

After seeing the impact of COVID-19 in Wuhan, governments and health authorities around the world took varying steps to implement with what they thought would be effective containment measures. In Australia, this included the ban on travellers The Union knows that many casual from Wuhan, and then China and sessional staff who still had work are more broadly.

"

now being expected to move seamlessly to face to online delivery, with little training or support.

For most sectors in the Australian economy the from face effects of the travel bans were moderate, impacting most on tourism and some areas of trade and retail. However, the tertiary sector, and particularly higher education, were immediately hit hard, with universities haemorrhaging millions in international student fee income overnight.

This is because Chinese students constitute a third of all international student numbers in Australia, with the bulk of numbers attending universities.

The NTEU has long argued that the heavy reliance of universities on international fee income to subsidise domestic teaching and research is a risk to the sector. Yet this reliance, along with the heavy use of insecure employment, are what lubricates the wheels of the higher education machinery.

The travel ban was introduced by the Australian government close to the time students who had been home over Christmas and new year would be looking to return to Australia, and indeed, many were caught unaware. Reports soon circulated of Chinese students who were detained by Border Force as the ban had been announced while their flights were in the air, those that were eventually allowed to stay had to undergo quarantine. In the weeks following, significant numbers of students were able to find their way to Australia (after spending two weeks in ‘isolation’ in a separate country outside of China), around 49%, or 92,000, of enrolled Chinese students remain offshore. As

The NTEU’s concerns over the impact of the travel bans were soon realised as reports started to flow in that teaching hours for casual and sessional academic staff were being cut or contracts cancelled altogether.

We wrote to the Minister for Education, Dan Tehan, highlighting the vulnerability of the sector to the events we were seeing, and that again, the over reliance on international student fees by universities to pay for their core business of teaching and research (largely due to the decades of public funding cuts) was putting the sector at risk. We pointed to the impact this was having on casual and sessional staff in particular, and that at some institutions, staff who are insecurely employed do up to 70% of the teaching.

The Union reinforced this urgent message by travelling to Canberra to speak with MPs on behalf of university staff impacted already by the crisis – and yet while the Opposition and Greens listened to our message with concern, it was all business as usual for Government. Despite our repeated calls for a targeted rescue package, it was clear that the Government’s view was that the higher education sector would need to deal with the toll on its international student numbers largely on its own.

Yet fast forward only a few weeks to today and the situation is radically different. It has become clear that the Coronavirus is not contained and the epidemic is now a pandemic. At the time of writing, Australian cases are increasing exponentially. We are all learning about social isolation, working from home is the new fad, empty supermarket shelves are commonplace, and black markets specialising in hand sanitiser and toilet paper have sprung up overnight. continued overpage...

Connect ® Volume 13, no. 1 ® Semester 1, 2020

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®®® Coronashock: Adapting universities to the worldwide pandemic

...continued from previous page The focus for universities has gone from concern over reduced international student numbers to what will happen if entire campuses are forced to close down – which has occurred in almost every other country where the pandemic has taken hold. For the most part, universities have been working to move as much of their course content to online delivery, a process which usually takes between 6 and 12 months of intensive preparation, resourcing, and training – but under the threat of university campus closures, most are trying to doing it within weeks.

Leaving aside that some courses are not suitable to transfer online (and the question of what will happen to staff and students should campuses close is unresolved), the workload intensification this has involved for staff is widespread and concerning. The Union knows that many casual and sessional staff who still had work are now being expected to move seamlessly from face to face to online delivery, with little training or support.

The reports we received from members were reinforced in the findings from the Union’s recent targeted phone survey of casual members which found that of the members who said they did not have work this semester, the majority stated that this was due to course cancellations or changes around Coronavirus. Of the casual members who did have work, most indicated that their courses would be delivered online, and that while this involved extra hours at the moment (which may or may not be paid), very few expressed that they were being adequately supported by the university in this process.

Anticipating that there may be campus closures regardless of the move to online teaching (and noting that there is a concern around health and safety for all staff, including those who are not in a position to work from home), the Union has also been pushing universities to guarantee paid leave for all staff members, including casual and sessional staff. We have been successful in securing guarantees from many universities to support all It seems that some university staff, including casual and sessional staff - although not all. managements are intent on making staff

"

Disappointingly, a handful of university choose between feeding their family managements have been obstinate in refusing to or acting responsibly at what is a very support their staff, with some like the University serious and concerning time for all. of the Sunshine Coast making it clear that staff impacted by Coronavirus must stay home and will not be paid if casual or sessional. This University has also told staff who opt to work from home that their wage will be pro-rata, based on the amount of their work they do from home. It seems that some university managements are intent on making staff choose between feeding their family or acting responsibly at what is a very serious and concerning time for all.

In terms of a national response, to date the Government has announced one stimulus package, and is about to shortly announce the second. However, the measures have primarily been aimed at business and concession card holders, with nothing thus far for higher education.

The Union is still pushing Government (as well as the universities) to respond to the needs of university staff and the sector, we also recognise that this crisis is rapidly snowballing and that workers - particularly those in insecure employment – are being left to drift in increasingly turbulent waters.

We are in the uncomfortable position of being left to rely on a Government whose announcements of untested measures take on increasingly desperate tones as they try to ‘flatten the curve’ of the epidemic, whilst at the same time watching the economic fallout gain momentum here and overseas. Right now, the NTEU’s priority is to ensure that the interests of our members – particularly those in insecure work – are not forgotten.

We have been, and will continue to be, strong advocates and provide the necessary support to our members affected by this crisis.

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Illustration by Sam Wallman. Download at www.nteu.org.au/covid-19/cartoon

FOR UP TO DATE CORONAVIRUS NEWS & INFORMATION FROM YOUR UNION:

nteu.org.au/covid-19 Connect ® Volume 13, no. 1 ® Semester 1, 2020

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Tips and advice on working from home

By Helena Spyrou NTEU Education and Training Organiser

Lots of casual staff are used to working from home, but many are not. If you’re not used to it, you may face challenges that you don’t normally face at work. Here are some general tips that take into account some different home situations.

Your personal circumstances may vary – you may live alone or with others, you may have children or elderly parents at home.

access to video conferencing software, to your work files and to email to keep in touch with colleagues and your manager.

Your personal style may also vary – everyone works differently, some people prefer clutter, some need to be tidy, some need to have a designated workspace, others can be more flexible.

Make sure you set up a workspace that will work for you and that it is ergonomically suitable. If you live with others, let them know when you are working so that you are not be distracted.

Set up

Work plan

You will need the necessary technology to communicate effectively and to do your job. Make sure you have reliable internet access and coverage. If not, ask your workplace to assist with this.

Be as comfortable as you can and minimise unnecessary non-work-related distractions.

Make sure your workplace provides you with the required technology to do your job.

This includes a mobile phone, a laptop with

It helps to have a defined schedule and stick to it. For example, if you work a 7-hour day, decide when you want to work those hours and then stick to your schedule. Avoid varying your schedule from day to day, but if you need to do it, then try to return to your

Image: Rawpixel/pxhere

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schedule as soon as you can or make sure that you can do the required hours.

Make sure you ‘knock off’ work when you’ve done your required hours for the day.

Make sure your manager provides clear guidelines about your day-to-day tasks so that you know what is expected of you and ask for a regular time for communication with your manager via phone in, email or video conferencing.

Take regular breaks to avoid cabin fever.

When not working, get outside as much as possible – e.g. gardening or walking around the block.

Looking after your mental health

By Gabe Gooding

National Assistant Secretary

Looking after your mental health in isolation or when working from home can be challenging. Here are some tips.

Remember this is temporary While this is a big challenge at the moment it will pass.

Remember you are part of a big community effort to protect the vulnerable Staying at home in isolation or working from home is a very important contribution to the health of the community. Try to think of it as less of a challenge and more of a helping hand you are lending to others in need.

Stay connected Stay connected with work-mates, friends and family by email, social media, video conferencing or phone.

Schedule regular times to communicate with friends and co-workers.

Stay healthy & active In your breaks or when not working, engage in a healthy activity such as gardening or craft or whatever gives you pleasure and a sense of accomplishment.

Exercise is really important when you are isolated. If you can’t leave your home there are many exercise programs that you can join online.

Eating healthy foods is important to mental health. This may become challenging but try not to substitute your normal foods with unhealthy options

Keep your routine As far as possible maintain your normal routines. Try to eat and sleep at your normal times, it gives a sense on continuity.

Reach out Make sure that you reach out to others: a simple phone call can relieve pressure on someone feeling alone.

Reach out to friends and co-workers.

Contact a group such as Beyond Blue or Lifeline.

Contact your EAP for professional advice or your GP if you feel you are not coping.

Special tips for kids Maintain familiar routines in daily life as much as possible, especially if children are confined to home.

Provide engaging age appropriate activities for children.

As much as possible, encourage children to continue to play and socialise with others, even if only within the family when advised to restrict social contract.

During times of stress and crisis, it is common for children to seek more attachment and be more demanding on parents. Discuss the COVID-19 with your children in honest and age appropriate information.

If your children have concerns, addressing those together may ease their anxiety.

Children will observe adults’ behaviours and emotions for cues on how to manage their own emotions during difficult times.

Source: WHO

Connect ® Volume 13, no. 1 ® Semester 1, 2020

9

Senate Inquiry into

Wage theft "

The Senate Economic References Committee recently called for submissions on the matter of wage theft and of course NTEU was keen to contribute as we see more and more members being paid less than their legal entitlements.

Employees in tertiary education are subject to large-scale wage theft, at both private ‘for-profit’ providers and at public institutions such as universities. The vast majority of those who do experience wage theft are insecurely employed. As we said in our submission (in our sector) casual employment is almost an essential precondition for wage theft.

The The level of casualisation in the private sector of higher education contracts assigned to is extraordinary with the Tertiary us at the beginning of the Education Quality Standards semester have ‘anticipated Authority (TEQSA) reporting that the rate is almost twice as high as hours’ in them rather than in universities (44% to 23%). And unlike casual staff in universities, the actual hours that will almost all of those who work in this be worked. sector do not have the protection of an enterprise agreement and are Casual Academic, working under the base level award.

Design

We believe that there are three main modes of wage theft within the private providers; underpayment of the required rate of pay (including under-classifying the work), excessive unpaid hours, and sham contracting.

In universities the principal modes of wage theft are; failure to pay for the work required, either by simple refusal to pay for some tasks or by failing to pay for the actual time that the work takes, and the arbitrary under-classification of work (e.g. calling a tutorial a demonstration or some other title that attracts a lower rate of pay).

Both of these forms of wage theft are common across the sector despite casual workers in universities having the relative protection of an enterprise agreement.

One of the terms of reference of the enquiry was to address the most effective ways of identifying wage theft and the best mechanisms to both recover stolen wages and provide a deterrent to employers.

This high level of precarious employment underscores the experience of NTEU in dealing with numerous wage theft claims, NTEU believes that there are two and has led the Union to conclude that substantial barriers to the detection and there is widespread wage theft, such that remedy of wage theft in higher education; it may be characterised as a business the limitation on the power of unions to model. In addition, it is apparent that conduct time and wages inspections, some employers in this sector and the weakness of laws use sham contracting designed to protect employees as a key part of their from adverse action should business model to they make a complaint or suppress wage seek restitution. costs and During the semester I to drive up ended up so busy that I ate profits.

"

By Gabe Gooding NTEU National Assistant Secretary

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meals in my car while driving to and from work. I love what I do, and I love the people I work with but I am having to face the reality that I cannot keep working in the higher education sector and survive financially.

Casual Academic, STEM

®®® Senate Inquiry into Wage theft

The current regime of right-of-entry laws prevents the NTEU from uncovering much of the unlawful behaviour involved in the sector. In fact the current laws might as well have been designed with the intention of ensuring that in most circumstances wage-theft cannot be uncovered by union investigation.

Union access to time and wages records is vital to the discovery and remedying of wage theft.

Unions have specialist knowledge of the industries within which their members work which is not available to government inspectors and bodies such as the Fair Work Ombudsman.

Understanding and enforcing the particularity of wage and remuneration structures in tertiary education requires a degree of specialist knowledge about what questions need to be asked. It is for this reason that NTEU advocates for allowing unions to conduct audits and inspections rather than increasing the number of government inspectors.

The other significant factor that prevents the exposure of wage theft is that vulnerable employees (such as those employed casually and by the semester) are often unwilling to have the NTEU raise the issue of their underpayments by lodging any type of complaint, for fear of losing their employment or not being engaged for further work.

"

"

You can’t speak up about these issues because subject co-ordinators won’t re-hire you next time.

Casual Academic, Victoria

I am a single mother, The current situation whereby the and my wages were stolen from me by my employer can make an assertion as employer for almost 3 years. I received less than to the reason for the adverse action 50% of the wages I was entitled to, and the taxpayer and the effective onus of proof is on the employee to prove filled that gap, as I was living in poverty. what was in the mind of the decision maker, now means I received a health care card, and other tax and assistance that the NTEU, in many from Centrelink, in the form of a higher childcare subsidy, and circumstances, cannot in good family tax benefit, to fill the wage gap created by my employer, conscience advise members in precarious employment who had record profits. to pursue underpayments, given the incapacity of the Luckily for me, (and the Australian taxpayers who unwittingly law to protect them from funded the shortfall in my wages), my union came to my rescue, victimisation. and I received a back payment of all the wages I was owed, but This is compounded by not before my child and I endured years of financial hardship, the fact that most of these workers hold casual jobs where I could not pay for excursions, shoes and other essentials. across multiple employers, and, while it is arguable that the I have a postgraduate degree, and 20 years of experience, employer subject to a complaint and this exploitation brought me to the lowest point of of underpayment could be my life. I cannot get my son’s childhood back, but I can held to account for subsequently refusing to employ that person, fight for other workers who have been exploited and word travels fast and other employers stolen from by their employers. are not prevented from discriminating against those who have sought wage NTEU member employed in private higher justice at another institution. education continued over page...

Connect ® Volume 13, no. 1 ® Semester 1, 2020

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"

®®® Senate Inquiry into Wage theft

We are allocated 22.5 min to mark a 1500 word assignment. 22.5 min is entirely unrealistic: I have spent up to 15 hours of unpaid time per subject to complete marking.

Casual Academic, Regional Vic Uni

"

As a full-time PhD candidate, sessional teaching is not only expected work experience as an academic but a financial necessity. My fulltime scholarship amount falls below the Australian minimum wage at $30,000 net per annum. This amount puts me in housing stress. Despite the much-needed additional income sessional teaching provides, tutoring work creates an added financial burden due to implicit an overt underpayment.

PhD candidate and Casual Academic, Architecture

As always the answer is to collectivise the issue and work together.

"

The third group of employees that NTEU has a particular concern about is international students who are often uniquely vulnerable to exploitation.

NTEU’s submission did not just set out the appalling state of wage theft in the sector it also set out some remedies that we believe would help to uncover wage theft and lead to employees being paid the right pay. Some of those recommendations we share with other unions, including; amendment of the Fair Work Act to make right of entry provisions less restrictive, allow unions to inspect the records of non-members and former employees, review the tax treatment of repaid wages so that employees are no worse off than had they received them when they earned them, increase penalties for wage theft including criminal penalties, and improved powers to inspect superannuation records.

I was told by my manager that I should expect to do unpaid work and I should do it for the love of the job.

Casual Academic, Health Sciences

In the higher education sector there are two key changes that government could make which would shine a light on the casualisation of the sector and allow us to better identify wage theft. One is an issue that NTEU has been raising for sometime and was on our agenda for a lobbying campaign before COVID-19 appeared (we will get back to it!) – that is to establish a requirement that universities accurately report the actual number of casuals employed and the functions that they perform (as they are required to do for In 2018 I was ongoing and fixed term staff). In that way the hidden secret that sent an email detailing how much universities are exploiting casual labour to drive down wages would be out in the open for all to see. my time was worth in a consultation,

"

The second action would be for the Federal Government to require that all higher education providers who receive funding from the Federal Government (including FEEHELP income) can demonstrate historical and ongoing compliance with core labour standards including correct rates of pay.

It will be interesting to see the final report of the Committee which no doubt has had many submissions from employers about how complex it is to pay people what they earned!

You can read the NTEU submission at www.nteu.org.au/wagetheft

and that I was required to have 12 a semester. The same email also made clear that I was not going to be paid for any student consultations. In the 2018-2019 financial year I made $24,000 at Monash from a position I regularly spend full time hours in. I must have another lowskilled job on the side in order to provide sufficiently for my family.”

Casual Academic, Humanities

We are grateful to the University of Melbourne Branch for obtaining testimonials from staff who are or have been impacted by wage theft. You can hear some of their voices through the quotes on these pages.

Image: Kritchanut/iStockPhoto

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Connect ® Volume 13, no. 1 ® Semester 1, 2020

Dozens of conversions from casual to permanent at QUT

By Mike Oliver Senior State Organiser, Queensland Division

More than thirty NTEU members at QUT have used strong new provisions in the current Enterprise Agreement – negotiated between the NTEU and management at the University – to convert their roles into ongoing, secure positions.

Lee’s story Lee is a Professional in the Business School as part of the Teaching and Learning team, based at Gardens Point. She has worked for QUT since 2011.

Life on contract work is rarely fun, but the uncertainty that would face each fixedterm worker towards the end of their contract is something else altogether.

‘I was on a two-year contract. Sometimes you wouldn’t know if your contract had been renewed until thirty minutes from expiry,’ said Lee. Lee said she had four such contracts over eight years.

‘I know of some people who have been doing the same job for fifteen years – all the time on one or two-year contracts.’

Lee said the process was made simple with the help of QUT Organiser Erin Campbell.

"

‘The process was flawless. Erin helped with a suggestion of what I could write – that we then adapted together to match my particular circumstances. Easy! It wasn’t that long either between when I submitted the application and finding out I got the ongoing position.’

‘It is so good to have a secure job I can depend on,’ said Lee.

Tessa’s story Tessa is an Academic who teaches technical production in QUT’s Creative Arts section at Kelvin Grove.

She owes her ongoing position to a colleague who ‘dragged’ her into an

It is so good to have a secure job I can depend on Lee, QUT

NTEU meeting at which Erin explained the processes and eligibility for fixed-term conversions.

‘I feel good having an ongoing position.

Just knowing that I can make plans, both professionally and personally, is a great stress relief. I am doing so much more long-term thinking, and have a completely different perspective on the opportunities I do see.’

‘The last Christmas was just the second time I had paid leave over the holiday,’ said Tess. ‘Across my time, I have had to sign 75 contracts. It is just so nice to have an ongoing job.’

The NTEU has achieved clauses for the conversion of Professional, Academic, or both type of workers at many universities. If you are a fixed-term or casual worker who has been performing the same role for several years, you should talk to your local NTEU Branch Organiser.

Below: NTEU members Lee and Tessa.

Connect ® Volume 13, no. 1 ® Semester 1, 2020

13

Growing casual strength

In this time of unprecedented social, cultural and economic upheaval arising from the outbreak of COVID-19, as old certainties are being upended, it seems we are entering hitherto uncharted waters. Values, relationships, and forms of work that informed the way of life we’ve long taken for granted in western democracies and in Australian higher education, as being fixed and immutable, have suddenly been pulled out from under our feet, and revealed within a short space of time, to have been wholly fragile and impermanent.

in the Union

Ensuring that our union and members are included in the conversation about the future of higher education and society more broadly will depend to a great degree on the extent to which the NTEU can demonstrate to university managements our strength and solidarity at all levels.

If ever there was an urgent need to build grassroots union power it is now, which means that we need to prioritise as a whole of union effort – NTEU leadership, delegates and members together – the channelling of our energies, resources and funding towards organising activism on the ground A silver lining in the otherwise ominous COVID-19 cloud has been the recent influx to the NTEU of new casual members following the decision to offer a 3 month fee suspension to new and existing casual members (at the time of writing, around 600 new casual members had joined).

In light of this, and taking into account the need to build our union’s power and the unprecedented shift underway in Australian universities from face-to-face to online teaching, we, the NTEU National Tertiary Casuals Committee (NTCC), argue that it is now imperative for the organising and resourcing of the activism of casual members to be placed high on the list of NTEU’s priorities.

RTIARY

ALS MITTEE

From the National Tertiary Casuals Committee (NTCC)

Coordinated by Dr Audrey Statham

14

We feel it is timely, therefore, to offer the following brief review of the existing structures and funding that support and promote the activism of casual members, which have been progressively established

by National Council motions over the past four years of National Councils.

Connect ® Volume 13, no. 1 ® Semester 1, 2020

This provides a context for the NTCC’s reflections on what we see - based on our own experiences of being casual NTEU member activists - as gaps in the existing structures and funding for supporting casually-employed members’ activism.

A review of structures and funding supports for casual members’ activism Regarding NTEU structures, at 2016 National Council a resolution was passed that established the structure of the Designated Casual Position within the Branch Committee structure. Later, 2018 National Council established the structure of the NTCC the membership of which is drawn from casual members occupying the Branch Committee Member (Casual Staff) position. The NTCC functions as a national delegate committee, and members are permitted to attend National Council, however, members do not exercise voting rights.

Motions for funding the activism of casually-employed members were passed at 2017, 2018 and 2019 National Councils.

A resolution from 2017 National Council enabled casual NTEU member activists to access reimbursement for loss of wages, at the appropriate rate of pay in their Branch’s Enterprise Agreement, when conducting a union activity that would normally be paid for if the member were not a casual (for example, trade union training, leave or time release).

An amendment to the latter resolution was passed at 2019 National Council, which

®®® Growing casual strength in the Union broadened access to reimbursement for casuals to include being refunded from the Defence Fund for any wages lost as a result of casual member activists engaging in industrial action and as a result, losing 20% or more of their weekly pay.

Finally, a National Council motion with potentially significant impact on the funding of activism of casual members is the 2017 resolution that increased casual member fees. While this motion continues to be regarded as somewhat controversial by some members, the resolution secured an explicit commitment from the NTEU ‘to devote funds specifically from membership fees to casual campaigns’.

Gaps in existing structures and funding supports If we are to effectively navigate, in the wake of COVID-19, newly emerging challenges for the sector such as the transition from face-to-face to wholly online teaching, and to ensure this unprecedented shift will benefit rather than undermine the entitlements and working conditions of university staff, the NTCC argues that it is imperative for casual members – especially new members – to be rapidly educated as to their rights and protections. These new members need to be empowered to engage in union activism at the grassroots level in the emerging online environment. allocating funds from membership fees to However, drawing on our own experiences casual campaigns – for a full-time National as casual NTEU member activists, we’ve Casuals Organiser position to be created to identified the following key gaps in support the NTCC structure, train existing structures and funding for and organise its members, supporting casual activism, and have oversight of which currently present coordinating national obstacles to the much interventions and needed education and ...more needs to campaigns for casuals. empowerment of casual members. be done to support There is a lack of substantive guidance, There is a lack of casual activists while education and clarity around what they’re working in the training in relation the role of Designated to the Designated university sector, to Casual Position within Casual Position and the Branch Committee develop transferrable the NTCC, and an entails. Expectations employment absence of knowledge around what activities, and resources around meetings and conversations skills... the protections for those the Casual-identified Branch who take on or engage in these Committee member should be structures. carrying out, invited to, or included in, varies significantly from branch to branch Finally, more needs to be done to support from over-utilisation to under-utilisation, casual activists while they’re working in the while in some Branch Committees around university sector, to develop transferrable the country this position has not been yet employment skills that enable them to filled. either gain secure work that is not career terminal within higher education or to move Regarding the NTCC, more needs to be outside the sector. done to establish this structure which requires further resourcing and support.

Promoting the activism of casual members With the recent influx of new casual must henceforth go hand in hand with members to the NTEU, many of whom the creation of career pathways within we hope to retain after the 3 month free academia and pathways for exiting the membership expires, there is a strong case university into the wider workforce. to be made – in light of the 2017 National Council resolution which committed to

"

Hope in dark times One thing that seems increasingly clear amidst the current confusion of COVID-19, is that our union has a key role to play in supporting our ability as a sector and as a society, to respond creatively and collaboratively in what is a volatile, rapidly evolving situation. While the possibility of collective renewal does seem now to be hanging in the balance, it isn’t inevitable that people will give in to the urge to retreat from each other into enclaves driven by self-preservation and fear.

If we turn, instead, towards each other and actively work together to foster an inclusive environment of respectful dialogue and cooperation in Australian society through the forum of higher education, then we may be motivated instead by hope as a powerful force for social change for the better which can illuminate the way in dark times.

One way our union can support such a turning towards solidarity and collective action is the promotion of the activism of casual members, which we argue calls for the urgent removal of the obstacles identified in this article.

Find out more about the NTCC at www.unicasual.org.au/ntcc Image: NTCC members at NTEU National Council 2019. (Paul Clifton)

Connect ® Volume 13, no. 1 ® Semester 1, 2020

15

UK report says casual university staff treated like

2nd class citizens

Image: Waterloo Station, London Underground (Wikimedia Commons)

Staff on casualised contracts in UK universities are vulnerable and invisible ‘second-class academics’, says a new report released in February. The report says universities’ bold statements about how much they value their staff ring hollow when put against how thousands of staff without secure contracts are treated.

From the University & College Union

16

Connect ® Volume 13, no. 1 ® Semester 1, 2020

®®® UK report says casual university staff treated like 2nd class citizens ‘Second class academic citizens’, produced

by Nick Megoran and Olivia Mason of Newcastle University for the University & College Union (UCU), identifies four ways in which casualised academic labour is ‘dehumanising’.

Based on extended interviews with academic staff, the report says casualised staff are: • Rendered invisible and treated as second-class academic citizens.

• Left vulnerable to exploitative practices.

• Denied the academic freedom that should be a hallmark of an academic career.

Another complained about the amount of time she had to spend applying for jobs.

She said that the nature of temporary contracts meant that sometimes she would have to start applying for jobs as soon as she took up a new position.

"

From seemingly trivial matters, such as not having her name on her door, to being told she had to do all her own admin, she says that she and her colleagues found themselves in the ‘sweatshop of academia’.

• Prevented from being able to plan a professional or personal life.

Casualisation is a significant problem for UK higher education. The latest data from the Higher Education Statistics Agency shows that two-thirds of researchers (67%) are on fixed-term contracts and almost half of teaching-only staff (49%) are employed on fixed-term contracts. On top of that there are over 6,500 academic staff with zero-hours contracts and a further 68,845 academic staff who hold ‘atypical’ contracts.

The report, which is being launched at an event in the Houses of Parliament this afternoon, calls on the government to insist that universities are honest about the extent of casualisation and instruct the Office for Students to demand comprehensive data about universities’ use of casualised staff. It also calls for individual universities to work with UCU to negotiate the transition of casualised staff onto more secure contracts.

One interviewee talks about how the bubble quickly burst on ‘the best job in the world’ when it was apparent how she would be treated differently to her colleagues.

From seemingly trivial matters, such as not having her name on her door, to being told she had to do all her own admin, she says that she and her colleagues found themselves in the ‘sweatshop of academia’.

Others told how they were not given adequate time for teaching preparation, which chimed with previous work from UCU that warned how the widespread use of casual contracts was damaging the quality of research and the education students receive. Casualised staff have previously said they lacked access to adequate teaching facilities or places where they can meet students to discuss their work.

The Delphi Project argues that, no matter how good they are as teachers, those employed on casual contracts have working conditions that make it impossible for them to consistently reproduce the high quality interactions with students that can be achieved by those on decent, secure contracts.

UCU General Secretary, Jo Grady said: ‘Universities need to understand this is a real problem that must be dealt with, not excused or underplayed. Some institutions have worked with us to move staff on to more secure contracts, but overall the higher education sector is too happy to exploit its army of casualised staff.

‘We need to have an honest conversation about casualisation that draws out the real extent of the problem and how we can secure improvements for staff. The Office for Students should demand that universities disclose the extent of teaching - measured in classroom hours - that is being done by casualised staff. Students would be shocked by the levels of casualisation in universities and the toll that being in insecure employment takes on people.’

Source: www.ucu.org.uk

Previous UCU research has revealed that casualised staff say the lack of security is damaging their mental and physical health, while holding down multiple jobs and struggling to pay the bills. Over two-thirds of respondents (71%) said they believed their mental health had been damaged by working on insecure contracts and more than two-fifths (43%) said it had impacted on their physical wellbeing.

The Union said research in the US shows that students who take large numbers of courses with teachers employed on insecure contracts, or who are in institutions with large numbers of non-permanent staff, tend to graduate at a lower rate and are more likely to drop out of college.

"

...those employed on casual contracts have working conditions that make it impossible for them to consistently reproduce the high quality interactions with students that can be achieved by those on decent, secure contracts.

Connect ® Volume 13, no. 1 ® Semester 1, 2020

17

Secret meeting calls for leadership on casualisation Casual contracts are affecting the physical and mental health of staff, and having a negative impact on students’ learning, according to a secret report from the Russell Group, the self-selected association of the 24 ‘top’ public research universities in the UK. Leaked minutes of a virtual meeting of Russell Group universities said the group needed to ‘show leadership’ to ‘avoid further reputational damage’. The report warned that politicians and others are starting to express concerns about the casualisation of university teaching and research, as well as a lack of support for staff.

The University & College Union (UCU) said the document showed again how divided

universities are over the issues at the heart of the current strikes. The Union urged all university heads to speak out and get their negotiators back to the table to talk seriously about how to resolve the disputes.

The report details how the number of staff on fixed-term contracts has increased at Russell Group institutions since 2012.

Previous analysis of data from the Higher Education Statistics Agency revealed that Russell Group universities employed more staff on insecure contracts than other institutions.

However, the Universities and Colleges Employers Association - the body tasked with negotiating on behalf of universities - has sought to play down casualisation and says its analysis shows a trend towards more open-ended and full-time academic employment.

UCU General Secretary, Jo Grady, said: ‘This secret report shows some universities do understand the extent of casualisation in our institutions, and the serious damage it does to the health of staff and education of students. Sadly, it looks like it is fear of reputational damage, rather than concern for staff or students, that has prompted universities to act on casualisation.

‘These minutes show how divided universities are when it comes to dealing with the issues at the heart of the strikes.

Our message to all university vicechancellors is simple: speak out. Make it clear to the people negotiating on your behalf that you want them to do more to deal with the key issues in these disputes.

We are ready for serious negotiations to try and stop the strikes and end the disruption at our universities.’

UK’s biggest ever uni strikes

UCU members at 60 universities walked out for eight days of strikes before Christmas. They will be joined this time around by staff at another 14 institutions, as more UCU branches crossed a 50% turnout threshold required by law for them to take industrial action.

Members at 74 universities of the NTEU’s sister union in the UK, the University & College Union (UCU) began 14 days of strikes on Thursday 20 February in the largest wave of strikes ever seen on UK campuses.

UCU General Secretary, Jo Grady said: ‘It is incredibly frustrating that UCU members are being forced to walk out again to secure fair pay, conditions and pensions. This unprecedented level of action shows just how angry staff are at their universities’ refusal to negotiate properly with us.

The disputes centre on the sustainability of the Universities Superannuation Scheme (USS) and rising costs for members, and on universities’ failure to make significant improvements on pay, equality, casualisation and workloads. A UCU-commissioned report earlier this year found that staff on casual contracts are vulnerable and invisible “second-class academics”.

18

Connect ® Volume 13, no. 1 ® Semester 1, 2020

The number of universities being hit by the action is the largest since a nationwide two-day strike in 2016, while the number of strike days is unprecedented. Following the eight-day walkout before Christmas, this latest round of 14 strike days means the total number of walkouts will be 22 by March; higher than the previous record of 14 days in 2018.

‘If universities want to avoid further disruption then they need to get their representatives back to the negotiating table with serious options to resolve these disputes.’

Below: UCU members striking in Edinburgh. (AndrewPerr/studentnewspaper)

Delegate profile:

Dr Victoria Bladen Sessional Lecturer and Honorary Research Fellow, School of Communications and Arts, UQ I have been a casual academic at UQ for 10 years now and I became involved in the Casuals campaign from 2018 because I feel strongly about the way that casuals are exploited. I was involved in the long process of drafting the Charter of the Rights of Casual Academic Staff, which was launched in late 2018.

The launch was undoubtedly the highlight of the campaign so far, bringing together many people and giving casuals a voice.

The campaign to try to implement the rights we set out in the Charter is ongoing and has involved several meetings with management; these are often frustrating and disheartening, however it is important to continue to pursue these issues, not only for ourselves but for future generations of scholars who will be entering into this unequal and deeply flawed system.

The campaign also involves continued consultation with casuals from different disciplines and from other institutions.

The Casuals campaign is important because casuals in tertiary institutions are generally treated as an underclass. There are many ways, direct and indirect, that casuals are excluded, overlooked and treated as if they were invisible.

Much of the work we do is unacknowledged, unpaid labour and many of us earn less than the Australian minimum wage despite working similar hours and undertaking similar labour to continuing staff.

Our research and publications contribute to a university’s brand yet they are not paid for.

A fiction has been created that casuals are only paid to ‘teach’, without recognition of the labour involved in maintaining discipline currency, and that we are hired as teaching staff only because we have spent countless unpaid hours maintaining our status as scholars.

Casuals are trapped because without investing in their publications, they have little chance of obtaining fulltime positions, and the universities take advantage of that. The exploitation of casuals is recognised as an international problem.

In a recent article in The New York Review of Books (12 March 2020 issue) titled the ‘Serfs of Academe’, Charles Petersen lists the growing literature on this

topic. The question is, how can universities perpetuate this unacceptable situation?

How can they claim that they follow world’s best practice when they do not treat all of their staff equitably?

I would encourage all casuals to join in and contribute to the ongoing campaigns in their institutions. Unless we speak out, we are allowing this unfair system to continue, which ultimately threatens the integrity of tertiary education.

NATIONAL TERTIARY EDUCATION UNION

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