Smart Casuals NTEU HANDBOOK FOR CASUAL AND SESSIONAL ACADEMIC STAFF AT UNIVERSITY OF NEWCASTLE
www.nteu.org.au/newcastle
www.unicasual.org.au
Contents Welcome...........................................................1
Other Required Academic Activity.......................... 11
NTEU is your Union.................................... 2
Teachers - Schedule 1 Teachers Enterprise Agreement.......................................................................12
How to contact NTEU................................................... 2 How to join....................................................................... 2
Professional Staff - Schedule 1 Professional Staff Enterprise Agreement..................................................12
Special rates for casuals/sessionals.......................... 2
Exam Supervisors .........................................................12
NTEU and casuals......................................... 3
Rates................................................................ 13
What’s the problem with casual employment?.....3
Things to Know........................................... 16
What is NTEU doing for academic casual employees?........................................................................3
The A to E of Academic Staff.....................................16 Superannuation.............................................................16
Being a casual ............................................... 4
Leave..................................................................................16
How is casual employment different from other employment?................................................................... 4
Parental Leave.................................................................17
What is a sessional?........................................................ 4
Student Feedback/Evaluation of Teaching...........17
Where do my rights come from?.............................. 4
Collegiality.......................................................................17
Your Rights...................................................... 5
Intellectual property......................................................18
Opportunities for more secure employment ........5 Casual Loading (All staff).............................................. 6 Separate Pay for Marking (Academic staff)............ 6 Other Casual Rates (Academic staff)........................ 6 Professional Development (All staff) ....................... 6 Facilities for Casuals (Academic staff) ..................... 6 Facilities for Casual Staff (All staff)............................. 6 Unit Coordination Rates (Academic staff)...............7 Increased Notice periods to apply for upcoming work (Academic staff).....................................................7
Long Service Leave for long-serving casuals......17
Intellectual Freedom.....................................................18 Health and Safety...........................................................19 Workers’ compensation...............................................19 Equal employment opportunity and protection against discrimination................................................20 Harassment and Bullying..........................................20 Grievances......................................................................20 Termination....................................................................20 Looking after your career...........................................21
Checklist........................................................22
Review of Casual Employment (All staff).................7
When You Start Work................................... 8
Getting the most out of your union membership.................................................23
Letter of Appointment.................................................. 8
What is my Local Union Branch?............................ 23
Tax File Number & Employee/Salary Number ..... 9
When should I contact the Union?........................ 23
Getting Paid on Time.................................................... 9
What if my supervisor is an NTEU member?...... 23
Once You’re At Work.................................. 10
What can NTEU do for me?.....................24
Pay .................................................................................... 10
Industrial advice............................................................ 24
Tutorials........................................................................... 10
Lobbying Government............................................... 24
Lectures............................................................................ 10
Enterprise Bargaining................................................. 24
Musical accompanying with special education services ............................................................................. 11
Communication with Members.............................. 24
Undergraduate Clinical Nurse Education ............ 11 Marking............................................................................. 11
Membership benefits................................................... 25
How to get Involved...................................26
Welcome Welcome to the 5th edition of Smart Casuals for the University of Newcastle. Working as an academic casual is an exciting opportunity and can be personally and professionally rewarding. However, it is also a very challenging and responsible job, where you can feel quite isolated and worried about your own capabilities, your students and your rights. Over the years, I have worked with many casual colleagues and have often felt that their enthusiasm and dedication is taken for granted with little demonstrated appreciation. Hopefully, you have received positive student feedback – and also encouragement from your academic supervisor and other colleagues. If every academic casual at my university had accessed this NTEU booklet, their working life would have been easier. I recommend that you read this closely, keep it at close hand as an important resource and pass onto colleagues. Whilst the information here has been specifically adapted for your university, you are also encouraged to contact your local NTEU Branch office if you have further questions. The Union is working hard to improve your pay and working conditions. We have recently won you a wide range of improved pay and conditions which are outlined in this booklet. You need to speak up if you are not receiving your correct pay and entitlements. Join the NTEU so we can assist you in this. Get involved in the Union so we can represent your and your colleagues’ interests even more effectively. See www.unicasual.org.au for full details.
Jeannie Rea, NTEU National President
Smart Casuals is a publication of the National Tertiary Education Union (NTEU). 5th edition. ISBN 978-0-9946377-0-3 All Rights Reserved © 2016. For more information, please contact the NTEU National Office
www.unicasual.org.au
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
Welcome
1
NTEU is your Union The National Tertiary Education Union (NTEU) is the only union working exclusively in the tertiary education sector. NTEU has a strong and effective democratic structure, and gives university staff an authoritative and expert voice in current debates about Australian tertiary education. NTEU is active around a broad range of professional and industrial issues of concern to tertiary education workers, and has a team of specialist research, industrial, recruitment and campaign staff maintaining high-level expertise and providing assistance direct to the membership. Members can also save money by accessing a wide range of services and benefits.
How to join Choose any method: • Fill in the form at the back of this booklet. • Contact or visit your local NTEU Branch office. • Join online or download a form at www.nteu.org.au/join
Special rates for casuals/sessionals For casual/sessional staff, NTEU fees are set at three levels, based on your estimated earnings. These low casual rates, established in recognition of the unpredictability of casual pay rates and work, afford you full NTEU membership. All values include GST. Your union fees are fully tax deductible. Estimated salary range
6 month fee
12 month fee
$10,000 and under
$27.50
$55.00
$10,001 – $20,000
$38.50
$77.00
Over $20,000
$55.00
$110.00
How to contact NTEU NTEU has a staffed office at every Australian university. Your local NTEU Branch office provides a range of information, including membership forms, commercial benefits, industrial advice and more details on your employment entitlements.
NTEU University of Newcastle Branch Office: RM HE18 Hunter Building, Callaghan Campus, University of Newcastle Phone: 02 4921 6870
Fax: 02 4921 2032
Email: newcastle@nteu.org.au
Website: www.nteu.org.au/newcastle
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NTEU is your Union
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NTEU and casuals What’s the problem with casual employment? While casual employment sometimes provides employees with important flexibility and can be seen as a “foot in the door” to more permanent academic employment, being a casual can also mean that staff experience a high level of job insecurity and financial uncertainty. NTEU’s research has shown that casual academic employment is sometimes like a treadmill: sessionals are often re-engaged to perform casual work year after year rather than appointed to entry-level fixed term or continuing academic positions. There can often be very little professional development offered to casuals and inadequate time for research due to high teaching loads. All of this can add to the difficulties in accessing a meaningful career path. Whilst casuals receive a 25% loading, this can often fail to fully compensate for the broader benefits of a range of other entitlements that other staff receive, such as sick and annual leave, paid parental leave, equivalent superannuation to permanent staff in universities (who receive 17% superannuation, whereas casuals only receive 9.25%). Once account is taken of the amount of time needed for duties such as preparation, administration and student consultation, many academic casuals report underpayment for work performed. In addition, the high level of job insecurity that casual employment brings with it means that casual employees usually cannot get access to home loans or other finance.
What is NTEU doing for academic casual employees? Since the 1990s, higher education has gone through a period of turmoil due to cuts to Commonwealth funding, changes to industrial relations legislation and a range of other national and international pressures. One of these changes has been rapid growth in casual employment. A key priority of the Union is to improve the working conditions of casual employees, both by improving conditions directly and by ensuring universities provide opportunities for casuals to attain more secure jobs. In the last round of enterprise bargaining with management at your university, the Union won significant improvements in the conditions of casual staff, as detailed throughout this booklet. These improvements have only been won through the activity of casual NTEU members who campaigned to achieve these major gains. In the recent round of bargaining, NTEU focussed on casuals and providing as many opportunities for on-going teaching work (to replace casual work) where possible.
www.unicasual.org.au
NTEU and casuals
3
Being a casual How is casual employment different from other employment? A casual employee is one who is engaged and paid by the hour, rather than employed on an ongoing basis or for a set period on a salary. Casual rates of pay include a loading of 25% to compensate for some of the leave and other entitlements casual employees do not receive.
What is a sessional? At UoN casuals may also be employed on a sessional basis. ‘Sessional’ is a term used in some universities to describe casual academic employees, as casual academics are often employed for ‘sessions’ or semester teaching periods. You should contact the Newcastle Branch office if you have any questions or enquiries.
Where do my rights come from? Your rights as an employee are set out in legislation, in your Enterprise Agreement, in University policy and in your letter of appointment. Your current Enterprise Agreements were negotiated between the Union and University management over many months and are key industrial instruments which set out your employment rights, and takes precedence over University policy. If you are employed in casual work at more than one university, you should be aware that the Enterprise Agreements that cover your working conditions will be slightly different at each one. The interpretation of all the sources of your rights can be quite complex. NTEU can assist you with any issues you might have. For reference, you can get a copy of your Enterprise Agreement from our Branch Office, or it can be found on the NTEU website: www.nteu.org.au/rights/agreements
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Being a casual
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Your Rights Below is a list of the new rights enjoyed by casual staff at your university as a direct result of casual staff joining the NTEU and being active particularly during the last rounds of enterprise bargaining negotiations.
Opportunities for more secure employment Scholarly Teaching Fellows (STFS) Over the life of the current academic agreement, University management will be required to establish a minimum of 10 (full-time equivalent) ongoing STF academic positions, with a possible additional ten positions, following the trial of the new roles. STF’s will be targeting the teaching work traditionally performed by casual academic staff and will have a minimum of 20% research. These positions will be advertised to UoN casual academic employees in the first instance and will be subject to a competitive merit-based selection process. STFs will be appointed at a minimum level of Level A, Step 6. STFs will provide greater job security and opportunities for promotion and progression to those casual academic staff who are able to secure one of these new positions.
Conversion for Teachers and Professional Staff Casuals Casual staff may apply for conversion to fixed term employment and/or continuing employment if certain conditions are met. Those conditions are: For Teachers: Casual staff may apply for conversion to continuing, contingent or fixed term employment where the staff member has been employed on a regular and systematic basis for either: i. At least an average of 50% of the ordinary weekly hours that would have been worked by a full time employee during the preceding 12 month period; or ii. Over the immediately preceding period of at least 24 months (Teacher’s Enterprise Agreement 2014 at 39.32) For Professional Staff: Casual staff may apply for conversion to continuing or fixed term employment on the same salary and classification where the staff member has been employed on a regular and systematic basis for either: i. At least an average of 50% of the ordinary weekly hours that would have been worked by a full time employee during the preceding 12 month period; or ii. Over the immediately preceding period of at least 24 months (Professional Staff Enterprise Agreement 2014 at 48.34)
www.unicasual.org.au
Your Rights
5
Casual Loading (All staff) All casual staff are now paid a casual loading of 25%. The casual loading is paid in lieu of many of the paid leave entitlements provided to continuing staff.
Separate Pay for Marking (Academic staff) For many years some marking has been incorporated into a flat rate of pay. This was known as ‘reasonably contemporaneous marking’. The unclear definition of what constituted ‘reasonably contemporaneous marking’ resulted in marking performed by casual staff being either grossly underpaid or a major area of unpaid work. Whilst the Union was successful in winning large claims for backpay for some of our members, it was clear that this was an area that needed major reform in this round of enterprise bargaining. Due to the campaigning work of NTEU casual members, we won significant improvements under the last Enterprise Agreement. All marking that is part of formal assessment undertaken outside the contact time of a lecture, tutorial, clinical session or other scheduled teaching session is now paid separately at the prescribed marking rate. Details of these rates can be found at Schedule 2 of the Academic Staff Enterprise Agreement 2014 are also included in this booklet.
Other Casual Rates (Academic staff) Schedule 2 of the Academic Staff Enterprise Agreement provides details of all the applicable rates applying to the different forms of work performed by casuals (eg, lecture/tutorial rates, marking, and other academic activity such as consultation with students, attendance at meetings, development of materials etc). These rates are tied to the enterprise bargaining pay increases and will increase in line with the delivery dates of these.
Professional Development (All staff) All casual staff members, other than those employed on an occasional or ad hoc basis will be provided with adequate and appropriate access to professional development opportunities. (Academic Enterprise Agreement clause 34.42; Teachers Enterprise Agreement 39.30; Professional Staff Enterprise Agreement 48.30)
Facilities for Casuals (Academic staff) Casual academic staff members will be provided with: • Access to secure storage as appropriate for personal and University effects. • Adequate and appropriate work space. • Photocopying facilities, a telephone, a location for receiving mail, and secretarial facilities. • Access to the University’s IT network including use of a computer terminal on campus. • Access to library cards, out-of-hours access, email accounts, network and intranet access and inclusion in the University’s telephone book and web directory. (Academic Enterprise Agreement clause 34.43)
Facilities for Casual Staff (All staff) 6
Your Rights
Smart Casuals
Many work areas and Faculties at UoN provide more than the minimum described above. Check with your work area what resources and facilities are available for casual staff.
Unit Coordination Rates (Academic staff) The base rate applicable where the duties include full subject coordination or where the academic possesses a relevant doctoral qualification is determined by reference to the sixth step of the full time Level A scale (Academic Enterprise Agreement at 34.39 (ii)).
Increased Notice periods to apply for upcoming work (Academic staff) Wherever possible the University will now be required to notify casual academic staff members of their anticipated teaching load on an annual basis in the year preceding the anticipated work. The University will provide as much notice as practicable, preferably a minimum of two months prior to the commencement of the new teaching term. (Academic Staff Enterprise Agreement clause 34.41)
Review of Casual Employment (All staff) The University will be required to review the incidence of casual employment and consult on a regular basis to the Academic, Teachers and Professional Staff Consultative Committees. (Professional Staff Enterprise Agreement clause 48.29) (Teachers Enterprise Agreement clause 39.31) (Academic Staff Agreement clause 34.37).
Establishment of the UON Academy for Casual Academic staff For too long, the management of casual academic staff at UoN has been undertaken in an uncoordinated and ad-hoc manner and largely at the expense of casual academic employees who are subject to an array of processes and procedures which have varied from School to School. A major new feature of the Academic Staff Enterprise Agreement (clause 34.38) has been the commitment to establish the UoN Casual Academy. The Academy aims to provide a systematic approach to the recruitment, induction, professional development, performance management and recognition of casual academic staff. It will aim to ensure consistent employment practices, provide dedicated HR support, and be a conduit for effective communication with and between casual academic staff.
www.unicasual.org.au
Your Rights
7
When You Start Work These are a few of the essentials to take note of when you start work.
Letter of Appointment You will usually be given a letter of appointment either before or when you start work. This is often referred to as a ‘Casual Contract’ or ‘Record of Casual Appointment’. If weeks pass and you still haven’t received a letter of appointment, you should follow it up with your supervisor. It’s important to have this letter as it indicates what’s in your contract of employment – this will be crucial to know if there is any misunderstanding later on. Keep your letter of appointment and any other official documents relating to your employment in a safe place. Your letter of appointment must stipulate the type of employment and the terms of your engagement in relation to: • The duties required. • The reporting relationship. • The number of hours required (eg for academic casuals 5 tutorials each week for 12 weeks). • Rates of pay for each type of duty required (for academic casuals). • The classification level and salary rate to be paid (for teachers and professional staff). • A statement that any additional duties required during the term will be paid for. • Details of your right to apply for conversion (if any). • Superannuation scheme and the Universities contribution level. • Other main conditions of employment and details of the Enterprise Agreement and relevant policies.
(Professional Staff Enterprise Agreement clause 48.3) (Teachers Enterprise Agreement clause 39.2) (Academic Staff Enterprise Agreement clause 34.2.) If you are unsure about any specific duties or it is not clear what the expectations are, seek a meeting with your supervisor for clarification. Ask that any clarification be put in writing. If your supervisor does not do so, write a letter to your supervisor or Head of School setting out your understanding of the meeting and the University’s expectation of your work and ask that the supervisor correct any misunderstanding or misstatement on your part. An example might be that it is unclear whether you are expected to attend lectures and whether you would be paid additionally for doing so. In this case, it would be worth seeking clarification in writing. Try to get these kinds of issues clarified as soon as possible after commencing work.
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When You Start Work
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Tax File Number & Employee/Salary Number Make sure you provide your tax file number to the person responsible for administering your wages. Keep a record of your Employee or Salary number so you can quote it to the pay officer if any problems arise.
Getting Paid on Time It’s a good idea to finalise your employment details as quickly as possible to avoid missing a pay period. Check with your School/Departmental administrator about frequency of pay periods and whether there are cut-off dates for the lodgement of time sheets. The University is required to pay you within 22 days of submission of a signed time sheet to the appropriate person. You’ll need to find out who this is and make sure they get your timesheets as soon as possible after completing any work, and certainly by the cut-off date if there is one. If you haven’t been paid within 22 days, contact the UoN payroll office and the NTEU Newcastle Branch office.
www.unicasual.org.au
When You Start Work
9
Once You’re At Work Pay Casual pay rates depend on the type of work being performed. The following are extracts from your Agreements describing each type of casual work and the rates of pay you can expect for each. It is critical that you are aware of these rates to avoid management incorrectly classifying the type of work performed by casuals in order to reduce costs. Academic staff-Schedule 2 Academic Staff Enterprise Agreement.
Tutorials The term tutorial means any education delivery described as a tutorial in a course or program outline, or in an official timetable issued by the University. The primary purpose of a tutorial is the clarification, exploration and reinforcement of subject content presented or accessed (generally through a lecture of equivalent). A casual academic required to deliver or present a tutorial (or equivalent delivery through other than face to face teaching mode) of a specified duration and relatedly provide directly associated non contact duties, in the nature of preparation, contemporaneous marking and student consultation arising from the tutorial, will be paid at a rate for each hour of tutorial delivered or presented. The hourly rate in a repeat tutorial applies to a second or subsequent delivery of substantially the same tutorial in the same course matter within a period of 7 days, and any marking and student consultation contemporaneous with it.
Lectures ‘Lecture’ means any education delivery, described as a lecture in a course or unit outline, or in an official timetable issued by the University. The primary purpose of a lecture is the presentation and structuring of information, ideas, and/or skills to a class to facilitate student learning. A casual academic required to deliver a lecture (or equivalent delivery through other than face-to-face teaching mode) of a specified duration and relatedly provide directly associated non contact duties, will be paid for at a rate for each hour of lecture delivered. For the purposes of payment of a lecture or repeat lecture rate, ‘associated work’ may encompass the following activities: • Preparation of lectures. • Contemporaneous marking arising from the lecture. • Reasonable student consultation.
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Once You’re At Work
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‘Contemporaneous marking’ means marking of course assessment (s) that is wholly undertaken and completed during a scheduled lecture, tutorial or practical session, laboratory, or other teaching session. Marking that is part of formal assessment undertaken and/or completed outside of the lecture, tutorial or practical session, studio, laboratory, or other teaching session, will be paid for separately according to Schedule 2 – Marking.
Musical accompanying with special education services The term “musical accompanying with special educational service” means the provision of musical accompaniment to one or more students or staff in the program of teaching by another staff member in circumstances where the accompanist deploys educational expertise in repertoire development or expression for student concert or examination purposes, but does not include concert accompanying, vocal coaching or musical directing. For musical accompanying, the casual academic will be paid for each hour of accompanying as well as for one hour of preparation time for each hour of accompanying delivered.
Undergraduate Clinical Nurse Education “Undergraduate clinical nurse education” means the conduct of undergraduate nurse education in a clinical setting. A Clinical Nurse (Educator) required to provide undergraduate clinical nurse education will be paid for each hour of clinical education delivered, together with directly associated non contact duties in the nature of preparation, contemporaneous marking, and student consultation.
Marking Marking that is part of formal assessment undertaken and/or completed outside of the lecture, tutorial or practical session, studio, laboratory, or other teaching session, will be paid for each hour worked according to the Schedule 2 of the Academic Staff Enterprise Agreement.
Other Required Academic Activity “Other required academic activity” is paid for each hour of activity and will include work that a person acting on behalf of the University requires the staff member to perform, and that is performed in accordance with any such requirement, being work of the following nature: • The conduct of practical classes, demonstrations, workshops, student field excursions as defined in Schedule 2. • Clinical sessions other than clinical nurse education. • Performance and visual art studio sessions. • Musical coaching, repetiteurship, and musical accompanying other than with special educational service. • Activities associated with the coordination of programs. • Development of teaching and course materials such as the preparation of course guides and reading lists and basic activities associated with course coordination.
www.unicasual.org.au
Once You’re At Work
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• Consultation with students. • Supervision. • Attendance at school and/or faculty meetings as required. • Compulsory attendance at lectures, tutorials, musical accompaniment or clinical nurse education presentation. • Other required academic activities. The above list is not intended to be exhaustive, but is provided by way of examples and guidance.
Teachers - Schedule 1 Teachers Enterprise Agreement. There are a number of different categories of teaching staff (ELICOS, NEWSTEP, Community Music Teachers) covered by the University of Newcastle Teachers Enterprise Agreement 2014 so you will need to check Schedule 1 of the agreement for your specific conditions and definitions of teaching activities.
Professional Staff - Schedule 1 Professional Staff Enterprise Agreement. The casual pay rates for Professional staff are based on HEW levels specified in Schedule 1 of the Professional Staff Enterprise Agreement. These rates are tied to the enterprise bargaining pay increases and will increase in line with the delivery dates of these. A full list of each HEW level casual pay rate is available online on the Human Resource Services web page at http:// www.newcastle.edu.au/current-staff/working-here/benefits-and-conditions/pay-andtimesheets
Exam Supervisors Pay rates for Exam Supervisors are at Schedule 1 of the Professional Staff Enterprise Agreement.
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Once You’re At Work
Smart Casuals
Rates Minimum Salaries for Casual Staff (Academic Enterprise Agreement) Current From start of first pay period commencing on or after...
1.5%
1.5%
3%
3%
3%
31/03/14
30/09/14
31/03/15
31/03/16
31/03/17
Lecturing Casual Loading
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
Basic Lecture (1 hour of delivery and 2 hours associated working time)
$168.98
$171.51
$174.09
$179.31
$184.69
$190.23
Developed lecture (1 hour of delivery and 3 hours associated working time)
$225.30
$228.68
$232.11
$239.07
$246.25
$253.63
Specialised Lecture (1 hour of delivery and 4 hours associated working time)
$281.63
$285.85
$290.14
$298.85
$307.81
$317.05
Repeat Lecture (1 hour of delivery and 1 hour associated working time)
$112.66
$114.35
$116.07
$119.55
$123.13
$126.83
Tutoring Casual Loading
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
Tutorial (1 hour of delivery and 2 hours associated working time)
$120.52
$122.33
$124.16
$127.89
$131.72
$135.68
Tutorial where the duties include full course coordination or where a tutor has doctoral qualification.
$144.16
$146.32
$148.52
$152.97
$157.56
$162.29
Repeat Tutorial (1 hour of delivery and 1 hour associated working time)
$80.34
$81.55
$82.77
$85.25
$87.81
$90.44
Repeat Tutorial where the duties include full course coordination or where a tutor has doctoral qualification.
$96.12
$97.56
$99.03
$102.00
$105.06
$108.21
www.unicasual.org.au
Rates
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Current From start of first pay period commencing on or after...
1.5%
1.5%
3%
3%
3%
31/03/14
30/09/14
31/03/15
31/03/16
31/03/17
Musical Accompanist Casual Loading
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
Musical Accompanying, with special educational service, and associated working time assumed. (1 hour of delivery and 1 hour preparation time)
$80.34
$81.55
$82.77
$85.25
$87.81
$90.44
Musical Accompanying with special educational service, and associated working time assumed (1 hour of delivery and 1 hour preparation time), Including full course coordination or, where an accompanist has doctoral qualifications.
$96.12
$97.56
$99.03
$102.00
$105.06
$108.21
Casual Loading
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
Little Preparation Required (1 hour of delivery and 0.5 hours associated working time)
$60.29
$61.19
$62.11
$63.98
$65.89
$67.87
Normal Preparation Time (1 hour of delivery and 1 hour associated working time)
$80.34
$81.55
$82.77
$85.25
$87.81
$90.44
Little Preparation and Course Coordination (1 hour of delivery and 0.5 hours associated working time) including full course coordination or where the clinical nurse educator has a relevant doctoral qualification.
$72.08
$73.16
$74.26
$76.49
$78.78
$81.14
Normal Preparation Time and Course Coordination (1 hour of delivery and 1 hour associated working time) including full course coordination or where the clinical nurse educator has a relevant doctoral qualification.
$96.12
$97.56
$99.03
$102.00
$105.06
$108.21
Clinical Nurse (Educator)
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Rates
Smart Casuals
Current From start of first pay period commencing on or after...
1.5%
1.5%
3%
3%
3%
31/03/14
30/09/14
31/03/15
31/03/16
31/03/17
Marking Casual Loading
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
Standard Marking (for each hour worked)
$40.18
$40.78
$41.39
$42.64
$43.92
$45.23
Standard Marking Where the duties include full course coordination, or where a Marker has doctoral qualification (for each hour worked)
$48.05
$48.77
$49.50
$50.99
$52.52
$54.09
56.34
57.19
58.04
59.78
61.58
63.43
Marking, as a supervising examiner, or marking requiring a significant exercise of academic judgment appropriate to a staff member at Level B status (for each hour worked).
Other Required Academic Activity Casual Loading
25.00%
25.00%
25.00%
25.00%
25.00%
25.00%
Other Required Academic Activity (for each hour of activity)
40.18
40.78
41.39
42.64
43.92
45.23
Other Required Academic Activity where the duties include full course coordination, or where the staff member has doctoral qualification (for each hour of activity)
48.05
48.77
49.50
50.99
52.52
54.09
www.unicasual.org.au
Rates
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Things to Know The A to E of Academic Staff Academic staff are classified into five pay bands or ‘Levels’. Associate Lecturers are at Level A, Lecturers are at Level B, Senior Lecturers Level C, Associate Professors at Level D and Professors at Level E. There are steps, or pay increases, within each level that the staff member progresses through on an annual basis subject to acquiring new skills. Casual academic staff are engaged at the Level that corresponds to the standards attached to the Enterprise Agreement – generally at Level A or Level B.
Superannuation Under Federal legislation and the Enterprise Agreement, the University must contribute to a superannuation fund on your behalf. At all Australian universities, the required recipient fund is UniSuper. NTEU strongly recommends UniSuper to staff on the basis of its good performance and low administration costs. You should be provided with the necessary application forms for UniSuper when you start work. If not, ask your institution’s Human Resources Department. Employer contributions are ‘preserved’ (not accessible) until the age prescribed by legislation and can earn significant interest during this time. If you are in UniSuper, you will only have one account – even if you change university or work at more than one university. If you leave the tertiary education sector the money can be rolled into another superannuation fund, or if your new employer offers a choice of funds, you can request new contributions be made directly to your account with UniSuper. The university has superannuation officers who can advise you about your superannuation options, but if you think you’re missing out contact NTEU. Unisuper website www.unisuper.com.au
Leave Under our Agreements, the 25% casual loading is paid in lieu of most types of leave (with the exception of long service leave) received by other employees.
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Parental Leave Under the National Employment Standards, if you have been employed on a regular and systematic basis for at least 12 months, and have a reasonable expectation that this will continue, you will be entitled to 12 months’ unpaid parental leave. In addition to this entitlement, the Federal Government’s Paid Parental Leave Scheme provides 18 weeks’ payment at the Federal minimum wage. Some casual employees will be able to qualify for this payment. One of the key determinants for eligibility to the Paid Parental Leave payment as a casual staff member is whether you satisfy the Government’s ‘Work Test’. As the eligibility for the Government’s paid parental leave payment is different to the eligibility for 12 months’ unpaid parental leave under the National Employment Standards, it is crucial that you obtain expert advice from your Union office about your own situation. A casual staff member who is employed by the University of Newcastle immediately prior to the taking of leave will be eligible for parental leave without pay for a period of up to 52 weeks.
(Professional Staff Enterprise Agreement clause 62.12) (Teachers Enterprise Agreement clause 51.12) (Academic Staff Agreement clause 43.12)
Long Service Leave for long-serving casuals Casual employees are entitled to long service after meeting various qualifying periods. The specific long service leave entitlements of casual employees are detailed in each of the enterprise agreements. Casual employees are entitled to two months long service leave after ten years of service (whether continuous or broken).
(Professional Staff Enterprise Agreement clause 59) (Teachers Enterprise Agreement clause 48) (Academic Staff Agreement clause 40)
Student Feedback/Evaluation of Teaching Most teaching in universities is now subject to student teaching evaluation: your students will likely be asked to evaluate your teaching at the end of semester. Make sure you keep copies of all your students’ teaching evaluation questionnaires, just in case any issues arise later.
Collegiality Ideally, the experience of working as a casual academic should include an opportunity to fully participate in the academic life of the Department. Unfortunately, while some Schools and Faculties are inclusive of casual academics and welcome their contribution at School/Faculty meetings, many exclude casual academics, often inadvertently. Treating casual academics as professional colleagues can go a long way to alleviating the stress casuals work under, especially given inadequate support facilities.
www.unicasual.org.au
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A good way to organise participation in School meetings is to group together with other academic casual staff in your School or Faculty. Remember that if you are required to attend these meetings, you are entitled to be paid for this time. There are also some training and staff development opportunities made available for casual staff at the University of Newcastle. Contact your Human Resource Services representative for more information.
Intellectual property Casual academics generally have the same rights as permanent academic staff to intellectual property created as part of their employment. The general rule of thumb is that intellectual property in works created in the course of your employment (such as new course materials or a new course) belongs to the University. However this position is often modified by University policy and/or the Enterprise Agreement: for example, if you have developed materials with market appeal, the University might grant you a license to sell that work in certain circumstances. Remember that if you are not paid to do research, the University will have no claim over any intellectual property relating to your research activities. Under Federal law, you also have moral rights in relation to works created in the course of your employment. Your moral rights include: • Attribution of authorship. • The right to not have authorship of a work falsely attributed. • The right to not have your work altered without your permission. If an intellectual property issue arises in relation to your employment, make sure you get individual advice from your local NTEU Branch office.
Intellectual Freedom Casual staff should have the same rights and responsibilities with respect to intellectual freedom as ongoing and fixed term staff. There are new entitlements in the enterprise agreements that cover all academic, professional and teaching staff. Intellectual freedom includes the rights of all staff: • Staff members have the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media, but does not include the right to harass, intimidate or vilify. • Staff members providing statements / public comment on behalf of the University may only do so in accordance with the appropriate authorisation / delegation and the University Code of Conduct. • The University will encourage staff to participate in governance of the institution. The University is committed to operating in a transparent manner. • Staff members have the right to pursue critical enquiry and to discuss freely, teach, assess, develop curricula, publish and research within the limits of their professional competence and standards, and consistent with their employment obligations and role.
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NTEU has campaigned hard to ensure that Enterprise Agreements enshrine intellectual freedom – often against the opposition of university managements. Your Agreement protects the rights of academic staff to engage in critical inquiry, intellectual discourse and public debate.
Health and Safety Under State legislation, your employer is obliged to ensure your safety at all times when on campus or engaged in activities related to your employment with the University. The University must provide: • Safe and well-lit corridors and walkways to prevent assaults occurring. • Personal protective equipment, proper ventilation and other necessary precautions against dangers associated with the use of hazardous substances. • Proper ventilation of class rooms to safeguard against personal discomfort and airborne disease. • Safe equipment, including ergonomically safe chairs, desks, etc. • On-campus after-hours security escorts to ensure night security for staff walking to cars or transport. There is a handy shuttle bus and smart phone app you can access from the UoN website. The University has Health and Safety representatives who can raise any issues of concern about safety in the workplace. Your local NTEU Branch office can put you in touch with your local representative. In addition, the University has established a range of health and safety committees which are responsible for reviewing and addressing health and safety issues as they emerge in the workplace.
Workers’ compensation Casual staff are entitled to claim workers’ compensation if injured in the course of their work. This includes injuries arising from work, injuries sustained during working time (whether on campus or whilst working elsewhere). Injuries for which claims may be made include: • Physical injury – e.g. back strains and muscle damage to hands and wrists sustained in the course of preparing or delivering classes. • Ill health – e.g. poisoning or the contraction of disease in class or during clinical instruction. • Emotional stress injury – e.g. stress associated with being overworked or subject to harassment by other staff or students. Any work-related illness or injury should be reported as soon as possible to the University. You should also contact your NTEU Branch immediately for further advice and assistance.
www.unicasual.org.au
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Equal employment opportunity and protection against discrimination Federal and State Laws designed to protect employees from discriminatory employment practices cover universities. These laws protect people from discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, absence from work during maternity leave or other parental leave, religion, political opinion, trade union membership or activity, national extraction or social origin. If you are denied employment or employment entitlements or are terminated because of a characteristic associated with one of these protected categories, you have a right to seek compensation. You should contact your local NTEU Branch office immediately.
Harassment and Bullying Unfortunately, harassment and bullying can sometimes happen in the workplace. You have the right to lodge a complaint should you experience sexual harassment or discrimination at work. Bullying is recognised as behaviour aimed to demean, humiliate or intimidate. Under the Fair Work Act bullying is defined as when an individual or group: Repeatedly behaves unreasonably towards (a) worker or group of workers and the behaviour creates a risk to health and safety. The University has a policy regarding workplace bullying available from the UoN policy library. If you experience any form of harassment or discrimination, make sure you contact your local NTEU Branch office for advice and assistance.
Grievances The University has internal complaints procedures designed to resolve work disputes. There are also complaint policies and guidelines available in the University policy library. If you feel you have been treated unfairly at work in any way, contact your local NTEU Branch office for confidential advice before lodging a grievance, as the procedures can be complex and are often not properly applied.
Termination If you have been employed on a regular and systematic basis for six months or more (eg teaching whole semesters, even if there are breaks such as midyear or long vacations) and you have a reasonable expectation of continued casual employment, you may have grounds for claiming unfair dismissal if you suddenly lose your job or are not given more work. If you are dismissed before the semester is over, you may also be entitled to pay for the balance of the semester.
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Casual Academic staff members engaged for 12 weeks or more: Casual academic staff members engaged for 12 weeks or more are required to give 2 weeks notice of resignation unless a lesser period is agreed with the University. Similarly, a casual academic staff member engaged for 12 weeks or more will be given two weeks notice or payment in lieu of such notice should the University wish to terminate the employment. Contact your local NTEU Branch office, which may also be able to pursue less formal means within the University to try to save your job or find you another.
Looking after your career Many permanent academic staff started their academic careers as casual staff. The teaching experience gained from casual tutoring and demonstrating can be invaluable when applying for permanent academic positions. Make sure you keep an accurate record of your teaching experience, including tutorial / demonstration outlines, copies of any course materials you have developed, student evaluations etc. It’s also a good idea to get a reference from your supervisor at the end of the semester.
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Checklist your letter of appointment and any other official documents relating to your ❏❏Keep employment in a safe place.
❏❏Finalise your employment details as quickly as possible to avoid missing a pay period. with your School/Departmental administrator about frequency of pay periods, ❏❏Check whether there are cut-off dates for the lodgement of time sheets and how time sheets are lodged.
❏❏Provide your tax file number to the person responsible for administering your pay. a record of your Employee or Salary number so you can quote it to the pay officer if ❏❏Keep any problems arise. getting advice from the university’s superannuation officer or financial advice ❏❏Consider before making any decisions about superannuation www.unisuper.com.au. a copy of your Enterprise Agreement from the NTEU website for reference ❏❏Download www.nteu.org.au/rights/agreements. sure you have access to work facilities (desk, computer, email, photocopying, office ❏❏Make space etc). anything you are unsure of in relation to your duties with your supervisor as soon ❏❏Clarify as possible, preferably in writing.
❏❏Note down any extra hours worked over and above your allocated paid hours. ❏❏Keep copies of all your students’ teaching evaluation questionnaires. ❏❏Report any work-related illness or injury to your supervisor as soon as possible. ❏❏Keep copies of any course materials or other work you develop as a casual academic. ❏❏Get a reference from your supervisor at the end of the semester. sure any previous regular casual employment is counted as service for long service ❏❏Make leave if you gain a fixed term or ongoing position. ❏❏Contact the Union if any issues arise as soon as possible after they occur. 22
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Getting the most out of your union membership What is my Local Union Branch? Your local NTEU Branch office is referred to throughout this handbook and is your first port of call for advice or assistance in relation to your job. The Branch office can provide you with more information about the Union and how it operates at your institution. The Branch has elected representatives, including a Branch President and Secretary as well as a website with contact details and local news: www.nteu.org.au/newcastle/
When should I contact the Union? You don’t have to suffer through employment problems. NTEU can help you devise a strategy for dealing with your issues, and assist in making you aware of your rights and options in confidence. NTEU gives members confidential advice, and we will not raise individual cases with management without the permission of the member in question. You should raise any concerns you have about your work, workplace or conditions with the Union as soon as possible.
What if my supervisor is an NTEU member? Your issues will be dealt with confidentially. The NTEU will act for you, as the affected employee, regardless of whether your supervisor (who acts for the University) is an NTEU member or not.
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What can NTEU do for me? Industrial advice While important improvements have been made for casual staff, NTEU knows that many casual academics still work unpaid hours, have difficulties accessing proper facilities at work and do not feel integrated into the collegial life of their Schools and Departments. Over the life of this Enterprise Agreement, NTEU will be aggressively enforcing existing provisions and entitlements through legal and industrial avenues to ensure that your rights are protected. NTEU employs staff in local Branch and State (Division) offices, and in the National Office. They provide specialist advice and support to members on all matters related to the conditions of their employment, including appointments, promotion, classifications, contracts, unfair dismissal, disciplinary procedures, intellectual property, consultancies, research funding and a myriad of other issues. www.nteu.org.au/rights
Lobbying Government NTEU lobbies Government and all political parties on issues related to tertiary education funding, policy and employment. NTEU makes submissions to parliamentary inquiries, and liaises with employers, students and professional associations on issues affecting the work of university staff. www.nteu.org.au/policy
Enterprise Bargaining NTEU represents university staff in enterprise bargaining at every university. NTEU provides the resources and organisational strength to enhance our members’ bargaining power – but remember, our capacity to bargain effectively is directly linked to our strength on the ground. If you want to have a say in negotiations affecting your pay and conditions, join the Union!
Communication with Members Connect is the national publication for casual academic staff produced by NTEU and CAPA. It is published and sent to all casual academic staff twice a year. It can also be read online in the resources section of our website dedicated to casual academic members at: www.unicasual.org.au
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NTEU provides a wide range of services to members, including regular information through newsletters and journals, seminars for members on professional issues, union training and access to ACTU financial services. The NTEU national website provides up-to-date information on all areas of the Union’s work: www.nteu.org.au NTEU’s national magazine, the Advocate, is sent to all members, including casuals, three times a year. Our academic casuals magazine, Connect, is sent to all academic casuals twice a year. The women’s magazine, Agenda, is sent to all women members once a year. The Australian Universities’ Review, NTEU’s refereed academic journal, is published twice a year and is sent to all members who request it. www.nteu.org.au/advocate www.unicasual.org.au/publications/connect www.nteu.org.au/agenda www.aur.org.au Members also receive regular Branch and Division publications such as online E-Bulletins and Newsletters. These publications will keep you informed of all major developments at your University, and in the sector more broadly and will also provide information on upcoming events.
Membership benefits All members have access to the NTEU Membership Benefits Program, administered in cooperation with Member Advantage, allowing you to save on essential purchases all year round. A casual member using our Member Advantage program just 2 or 3 times would be likely to save the equivalent of an entire year’s membership dues. Find out more on our website: www.nteu.org.au/join/benefits
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How to get Involved For the Union to continue to pursue these issues and to succeed in this important campaign to improve the rights of casual staff we need your help. Your involvement can be as simple as joining the NTEU, talking to your colleagues about issues affecting casual staff, participating in your local academic casuals’ network and online forums on www.unicasual.org.au and keeping in touch through our website www.nteu.org.au The Union organises a number of conferences, meetings and events for members to participate in. Your local NTEU Branch office has an elected committee that meets regularly, and we have working parties to deal with particular issues of local concern to staff. At a State level, there are Division working groups and networks. Contact the Division office in your State to find out about local activities. At a National level, there is an annual Women’s conference and an Aboriginal & Torres Strait Islander members’ forum. www.nteu.org.au/myunion/about_us/committees If you are interested in any of these events your local NTEU Branch office can give you information about getting involved. Elections for Branch Committee and other positions are held every two years, and casual staff who are NTEU members are eligible to both run and vote in these elections. www.nteu.org.au/myunion/get_involved
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CASUAL MEMBERSHIP FORM
NATIONAL TERTIARY EDUCATION UNION
I want to join NTEU I am currently a member and wish to update my details The information on this form is needed for aspects of NTEU’s work and will be treated as confidential.
YOUR PERSONAL DETAILS TITLE
|SURNAME
GIVEN NAMES HOME ADDRESS
|STATE
CITY/SUBURB PHONE |WORK INCL AREA CODE
HOME PHONE INCL AREA CODE
|POSTCODE
|DATE OF BIRTH
MOBILE EMAIL HAVE YOU PREVIOUSLY BEEN AN NTEU MEMBER?
| MALE FEMALE OTHER
YES: AT WHICH INSTITUTION?
ARE YOU AUSTRALIAN ABORIGINAL/TORRES STRAIT ISLANDER? YES
YOUR CURRENT EMPLOYMENT DETAILS
|CAMPUS
INSTITUTION/EMPLOYER
|DEPT/SCHOOL
FACULTY
SESSIONAL ACADEMIC GENERAL/PROFESSIONAL STAFF CASUAL You may resign by written notice to the Division or Branch Secretary. Where you cease to be eligible to become a member, resignation shall take effect on the date the notice is received or on the day specified in your notice, whichever is later. In any other case, you must give at least two weeks notice. Members are required to pay dues and levies as set by the Union from time to time in accordance with NTEU rules. Further information on financial obligations, including a copy of the rules, is available from your Branch. ‡Associated bodies: NTEU (NSW); University of Qld Academic Staff Association (Union of Employees) at UQ; Union of Australian College Academics (WA Branch) Industrial Union of Workers at Edith Cowan University & Curtin University; Curtin University Staff Association (Inc.) at Curtin University; Staff Association of Edith Cowan University (Inc.) at ECU Office use only: Membership no.
PAYMENT DETAILS
|STEP/INCREMENT IF KNOWN
Pay by cheque, money order or credit card
CHOOSE YOUR SALARY RANGE SELECT PERIOD OF MEMBERSHIP TICK APPROPRIATE BOX Salary range
6 months
12 months
$10,000 & under: $10,001–$20,000: Over $20,000:
$55 $77 $110
$27.50 $38.50 $55
PLEASE ACCEPT MY CHEQUE/MONEY ORDER
OR
PAY BY CREDIT CARD:
NAME ON CARD CARD NO.
— — — — — — — — — — — — — — — —
EXPIRY SIGNATURE
| MASTERCARD VISA |$ |DATE
Description of goods/services: NTEU Membership Dues. To: NTEU, PO Box 1323, Sth Melbourne VIC 3205
YOUR EMPLOYMENT GROUP
|LEVEL LECTB, HEW4
POSITION
|MAIL/ BLDG CODE
I hereby apply for membership of NTEU, any Branch and any associated body‡ established at my workplace.
SEND SIGNED FORM TO NTEU
SIGNATURE
POST:
PO Box 1323, South Melbourne VIC 3205
FAX:
(03) 9254 1915
DATE
EMAIL: national@nteu.org.au