Smart Casuals NTEU HANDBOOK FOR CASUAL AND SESSIONAL ACADEMIC STAFF AT UniSA
www.nteu.org.au/unisa
www.unicasual.org.au
Contents Welcome...........................................................1 NTEU is your Union.................................... 2
Undergraduate Clinical Nurse Education ........... 10 Marking............................................................................. 11 Other Academic Activity............................................. 11
How to contact NTEU................................................... 2 How to join....................................................................... 2 Special rates for casuals/sessionals.......................... 2
Rates................................................................ 12 Things to Know........................................... 15
NTEU and casuals......................................... 3
The A to E of Academic Staff.....................................15
What’s the problem with casual employment?.....3
Superannuation.............................................................15
What is NTEU doing for academic casual employees?........................................................................3
Leave..................................................................................15
Being a casual ............................................... 4 How is casual employment different from other employment?................................................................... 4
Parental Leave.................................................................15 Long Service Leave for long-serving casuals......16 Student Evaluation of Teaching...............................16 Collegiality.......................................................................16
Where do my rights come from?.............................. 4
Intellectual property......................................................17
What is a Sessional?....................................................... 4
Intellectual Freedom.....................................................17 Health and Safety...........................................................17
Your Rights...................................................... 5
Workers’ Compensation..............................................18
Opportunities for more secure employment.........5 Enhanced payment for Studio Teaching................5
Equal Employment Opportunity & Protection Against Discrimination...............................................18
Separate Pay for Marking..............................................5
Harassment and Bullying...........................................18
Payment for Attendance at Meetings.......................5
Grievances.......................................................................19
Course Coordination Rates..........................................5
Termination.....................................................................19
Improved Superannuation...........................................5
Looking after your career...........................................19
Long Service Leave........................................................ 6 Other Types of Leave.................................................... 6 Facilities for Casual Staff............................................... 6
Checklist........................................................20
Internal University Positions...................................... 6
Getting the most out of your union membership................................................. 21
Other Outcomes for Casual Staff............................... 6
What is my Local Union Branch?.............................21
When You Start Work................................... 7 Letter of Appointment...................................................7 Tax........................................................................................7
When should I contact the Union?.........................21 What if my supervisor is an NTEU member?.......21
What can NTEU do for me?.....................22
Employee/Salary Number........................................... 8
Industrial advice............................................................ 22
Getting paid on time..................................................... 8
Lobbying Government............................................... 22
Once You’re At Work.................................... 9 Pay....................................................................................... 9 Tutorials............................................................................. 9 Lectures............................................................................ 10 Musical Accompanying with Special Education Services ........................................................................... 10
Enterprise Bargaining................................................. 22 Communication with Members.............................. 22 Membership benefits................................................... 23
How to get Involved...................................24
Welcome Welcome to the 5th edition of Smart Casuals for University of South Australia. 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 © 2015. 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.
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.
• Join online or download a form at www.nteu.org.au/join
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 UniSA Branch Office: 15 Paxtons Walk, 281 North Terrace, Palais Apartment Complex, Adelaide Phone: 08 8227 2384
Fax: 08 8227 0997
Email: unisa@nteu.org.au
Website: www.nteu.org.au/unisa
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NTEU is your Union
Smart Casuals
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 leave, paid parental leave and above the minimum Superannuation Guarantee contribution permanent academic staff in universities 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 90s, higher education has experienced 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. The NTEU was successful in guaranteeing that at least 40 longer term casual staff would be converted to continuing employment status by the beginning of 2018.
www.unicasual.org.au
NTEU and casuals
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Being a casual How is casual employment different from other employment? A casual employee is one who is engaged and paid by the hr, 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.
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 university’s Enterprise Agreement negotiated between the Union and university management is the key place where your employment rights are set out, 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
What is a Sessional? ‘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 your NTEU Branch office if you have any questions or enquiries.
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Your Rights This 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.
Opportunities for more secure employment Under Clause 28.1 f) of the new Enterprise Agreement, staff may apply for conversion to fixed term employment and/or a continuing Teaching Academic position, if certain conditions are met. Those conditions are: • Have casual academic employment experience within the past twelve months, plus no continuing employment within UniSA during the previous three years or • Have other relevant work experience for the work activity to be undertaken or • Are enrolled as a student and the work required is generally related to a degree course the student is undertaking. The University has committed to appoint forty such Teaching Academics to continuing employment status by the first half of 2018.
Enhanced payment for Studio Teaching Staff undertaking Studio Teaching in the School of Art, Architecture and Design, will be paid an enhanced casual rate in recognition of the additional work required to undertake this specialist form of teaching.
Separate Pay for Marking The new Agreement continues the gain achieved in 2011 that all marking that forms part of the assessment for a subject and which takes place outside the contact time of a lecture, tutorial or clinical session is now paid separately at the prescribed marking rate.
Payment for Attendance at Meetings Any required attendance at meetings must be paid separately
Course Coordination Rates Casual staff who are required to coordinate courses must be properly remunerated in accordance with the provisions of the Enterprise Agreement.
Improved Superannuation All casual staff are now paid 9.25% superannuation regardless of income.
www.unicasual.org.au
Your Rights
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Long Service Leave Casual staff are entitled to long service leave. The University will apply a formula to calculate casual long service leave accrual and the rate at which long service leave is paid based on hrly contributions over the accrual period. NTEU can provide members with further information upon request.
Other Types of Leave Casual staff are entitled to Unpaid Carer’s Leave and Unpaid Compassionate Leave and may also be able to access unpaid Parental Leave subject to service-based eligibility criteria.
Facilities for Casual Staff Casual staff shall be provided with adequate resources to do their work. This includes reasonable access to phone, computer and work space.
Internal University Positions Casual Staff are eligible to apply for internal University Positions subject to working a minimum number of hrs and period of time in accordance with the provisions of the Enterprise Agreement
Other Outcomes for Casual Staff • Casual staff contracts must be of sufficient duration to cover the whole period of activity, including Academic Review where appropriate. • Casual staff will not be required to undertake any duties outside the start and end dates of their contracts • Appropriate payment will be made for any required additional duties not initially specified in a casual staff member’s contract • Casual staff with PhDs in the relevant disciplinary area or undertaking full course coordination will be paid an enhanced rate when undertaking tutorials, or other academic activities such as demonstrations, workshops, field excursions, undergraduate clinical nurse sessions, studio sessions, consultation with students, attendance at lectures or School meetings and the development of teaching materials.
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Your Rights
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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. Keep your letter of appointment and any other official documents relating to your employment in a safe place. This letter 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. Your letter of appointment must stipulate the type of employment and the terms of your engagement in relation to: • The duties required. • The number of hrs required (e.g. 5 tutorials each week for 12 weeks). • Rates of pay for each type of duty required. • A statement that any additional duties required during the term will be paid for. • Other main conditions of employment like reporting relationships and details of the Enterprise Agreement and relevant policies. 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 Department 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.
Tax Make sure you provide your tax file number to the person responsible for administering your wages.
www.unicasual.org.au
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Employee/Salary Number 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. You’ll should find out the appropriate person to submit your time sheets to 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 have any difficulties in receiving your pay in a timely way, contact your local NTEU Branch office.
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When You Start Work
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Once You’re At Work Pay Casual pay rates depend on the type of work being performed. The following are extracts from your Agreement describing each type of casual work and the rates of pay you can expect for each.
Tutorials ‘Tutorial’ means any education delivery, described as a tutorial in a course or unit outline, or in an official timetable issued by the University. Except for repeat tutorials, the rates prescribed are paid per hr of tutorial delivered (or equivalent delivery through other than face-to-face teaching mode) and assumes two hrs associated work as defined below. A repeat tutorial is a second or subsequent delivery of substantially the same tutorial in the same subject matter within a period of seven days. The prescribed rates are paid per hr of tutorial delivered and assume one hr’s associated work as dined below. Where a tutorial is more or less than one hr in length, the payment will be pro-rata the appropriate rate for a tutorial of one hr’s duration. For the purposes of payment of a tutorial or repeat tutorial rate, ‘associated work’ may encompass the following activities: • Preparation of tutorials. • Marking of student work for which the casual staff member is responsible where the marking is performed (or could reasonably be performed) in the relevant classroom, lecture or equivalent teaching environment. • Incidental administration of relevant records of students for whom the casual staff member is responsible. • Contemporaneous consultation with students involving face-to-face and email consultation prior to and following a tutorial. • Attendance at ad hoc meetings specifically for the purpose of assisting casual staff to prepare for their tutorial and which are intended as a substitute for preparation that the staff would have otherwise had to undertake, not including meetings formally initiated and/or scheduled by the unit or course convenor/co-ordinator and where the meeting is scheduled on a day on which the staff member is not scheduled to undertake contact or other teaching activities.
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Once You’re At Work
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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 pay rates are paid for one hr of delivery (or equivalent delivery through other than faceto-face teaching mode) and associated work as defined below. For the purposes of payment of a lecture or repeat lecture rate, ‘associated work’ may encompass the following activities: • Preparation of lectures. • Marking of student work for which the casual staff member is responsible where the marking is performed (or could reasonably be performed) in the relevant classroom, lecture or equivalent teaching environment. • Incidental administration of relevant records of students for whom the casual staff member is responsible. • Contemporaneous consultation with students involving face-to-face and email consultation prior to and following a lecture. • Attendance at ad hoc meetings specifically for the purpose of assisting casual staff to prepare for their lecture and which are intended as a substitute for preparation that the staff would have otherwise had to undertake, not including meetings formally initiated and/or scheduled by the unit or course convenor/co-ordinator and where the meeting is scheduled on a day on which the staff member is not scheduled to undertake contact or other teaching activities.
Musical Accompanying with Special Education Services ‘Musical accompanying with special educational services’ means the provision of musical accompaniment to one or more students or staff in the course of teaching by another member of academic staff 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. The rates are paid per hr of accompanying delivered and assume one hr of preparation time for each hr of musical accompanying delivered. Departments intending to pay the rates prescribed for such musical accompanying should first consult with the Human Resources Department.
Undergraduate Clinical Nurse Education ‘Undergraduate clinical nurse education’ means the conduct of undergraduate nurse education in a clinical setting. The rates of payment for undergraduate clinical nurse education are paid for each hr of clinical education delivered and assumes, for each hr of clinical nurse education delivered: half an hr of associated working time for sessions requiring little preparation; or one hr of associated working time for sessions requiring normal preparation. Departments intending to pay the rates prescribed for such clinical nurse education should first consult with the Human Resources Department.
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Marking Casual staff will be paid marking rates as set out in the Enterprise Agreement. The Enterprise Agreement describes assessment as simple, standard or complex, as follows: • Assessment is complex when the marker is required to give detailed feedback to the students explaining how their work might have been improved, such that a student who understood and learned from this feedback would be able to improve their mark in any future assignment. • Assessment is simple when the marker is able to determine the correct answer by application of a marking template and is required to do no more than record which answers are correct and determine the marks for each and the overall mark for the assessment • Other assessment is standard marking
Other Academic Activity ‘Other academic activity’ includes work that the University requires a casual staff member to perform, being work of the following nature: • The conduct of practical classes, demonstrations, student field excursions. • The conduct of clinical sessions other than clinical nurse education. • The conduct of performance sessions. • Musical coaching, repetiteur ship, and musical accompanying other than with special educational service. • Development of teaching and subject materials such as the preparation of subject guides and reading lists • Basic activities associated with course coordination. • Consultation with students • Attendance at Program/School/Division meetings as required. • Attendance at lectures/labs and seminars that form part of the relevant course and • Course coordination The above list is not intended to be exhaustive, but is provided by way of examples and guidance.
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Rates Description
Current Rate
Rate from the first full pay period commencing on or after: 30 June 2014 3.5% increase
30 June 2015 3.2% increase
30 June 2016 3.2% increase
30 June 2017 3.2% increase
31 March 2018 2.9% increase
LECTURING Normal Lecture Normal lecture rate is paid where giving one (1) hr of lectures requires an additional two (2) hrs of work.
$165.03
$170.79
$176.25
$181.89
$187.71
$193.17
$220.04
$227.72
$235.00
$242.52
$250.28
$257.56
$275.05
$284.65
$293.75
$303.15
$312.85
$321.95
$110.02
$113.86
$117.50
$121.26
$125.14
$128.78
$117.69
$121.83
$125.73
$129.75
$133.89
$137.79
Developed Lecture Developed lecture rate is paid where the lecturer assumes significant responsibility for planning and developing a course as well as lecturing, or where special expertise is required, or where giving one (1) hr of lectures requires an additional three (3) hrs of work. Specialised Lecture Specialised lecture is paid to a distinguished person for a single lecture, or where giving one (1) hr of lectures requires an additional four (4) hrs of work. Repeat Lecture Repeat Lecture is paid covering the subject matter of a lecture given within a period of fourteen (14) days to another group of students. TUTORING Tutorial (1 hr delivery plus 2 hrs associated work)
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Rates
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Description
Current Rate
Rate from the first full pay period commencing on or after: 30 June 2014 3.5% increase
Tutorial with possession of relevant doctorate or requiring full course coordination
30 June 2015 3.2% increase
30 June 2016 3.2% increase
30 June 2017 3.2% increase
31 March 2018 2.9% increase
$140.76
$145.68
$150.36
$155.16
$160.14
$164.76
Repeat Tutorial (1 hr delivery plus 1 hr associated work)
$78.46
$81.22
$83.82
$86.50
$89.26
$91.86
Repeat Tutorial with possession of relevant doctorate or requiring full course coordination
$93.84
$97.12
$100.24
$103.44
$106.76
$109.84
Other Academic Activity
$39.23
$40.61
$41.91
$43.25
$44.63
$45.93
Other Academic Activity with possession of relevant doctorate or requiring full course coordination
$46.92
$48.56
$50.12
$51.72
$53.38
$54.92
OTHER ACADEMIC ACTIVITY
UNDER GRADUATE CLINICAL NURSE EDUCATION Little preparation required (1 hr delivery and 0.5 hr agreed duties)
$58.85
$60.92
$62.87
$64.88
$66.95
$68.90
Little preparation required with relevant doctorate or full course coordination (1 hr plus 0.5 hr)
$70.38
$72.84
$75.18
$77.58
$80.07
$82.38
Normal Preparation required (1 hr delivery plus 1 hr agreed duties)
$78.46
$81.22
$83.82
$86.50
$89.26
$91.86
Normal Preparation with relevant doctorate or full course coordination (1 hr plus 1 hr agreed duties)
$93.84
$97.12
$100.24
$103.44
$106.76
$109.84
STUDIO TEACHING – ART, ARCHITECTURE & DESIGN Studio teaching (1 hr delivery and 0.5 hr agreed duties)
N/A
$60.92
$62.87
$64.88
$66.95
$68.90
Studio teaching with relevant doctorate or full course coordination (1 hr plus 0.5 hr agreed duties)
N/A
$72.84
$75.18
$77.58
$80.07
$82.38
www.unicasual.org.au
Rates
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Description
Current Rate
Rate from the first full pay period commencing on or after: 30 June 2014 3.5% increase
30 June 2015 3.2% increase
30 June 2016 3.2% increase
30 June 2017 3.2% increase
31 March 2018 2.9% increase
Schedule of Rates of Pay Per Item for Assessment and Time Factor Associated with Various Types of Activities SIMPLE ASSESSMENT up to 1,500 words or equivalent (5 min per item)
$3.28
$3.38
$3.49
$3.60
$3.72
$3.83
1,500 to 3,500 words or equivalent (10 min per item)
$6.56
$6.77
$6.99
$7.21
$7.44
$7.66
3,500 to 5,000 words or equivalent (20 min per item)
$13.12
$13.54
$13.97
$14.42
$14.88
$15.31
up to 1,500 words or equivalent (10 min per item)
$7.83
$8.09
$8.35
$8.62
$8.90
$9.15
1,500 to 3,500 words or equivalent (20 min per item)
$15.66
$16.19
$16.71
$17.24
$17.79
$18.31
3,500 to 5,000 words or equivalent (30 min per item)
$23.49
$24.28
$25.06
$25.86
$26.69
$27.46
up to 1,500 words or equivalent (20 min per item)
$18.36
$18.98
$19.58
$20.21
$20.86
$21.46
1,500 to 3,500 words or equivalent (30 min per item)
$27.54
$28.47
$29.38
$30.32
$31.29
$32.20
3,500 to 5,000 words or equivalent (40 min per item)
$36.72
$37.95
$39.17
$40.42
$41.71
$42.93
STANDARD ASSESSMENT
COMPLEX ASSESSMENT
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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. Unisuper’s website is www.unisuper.com.au 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.
Leave Under our Agreements, the casual loading is paid in lieu of most types of leave received by other employees.
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.
www.unicasual.org.au
Things to Know
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In addition to this entitlement, the Federal Government’s Paid Parental Leave Scheme and 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.
Long Service Leave for long-serving casuals Casual staff employed on a regular and systematic basis will accrue long service leave credits on a pro rata basis in respect of that service, calculated by averaging the weekly hours of work over the period of the casual service. Where a casual staff member subsequently obtains fixed-term or continuing employment with UniSA, the casual service is counted for long service leave.
Student 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 Departments are inclusive of casual academics and welcome their contribution at School/ Departmental 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. A good way to organise participation in Departmental meetings is to group together with other academic casual staff in your School or Department. Remember that if you are required to attend these meetings, you are entitled to be paid for this time.
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.
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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 academics should have the same rights and responsibilities with respect to academic freedom as ongoing and fixed term academic staff. Intellectual freedom means the freedom of academic staff, and, to the extent consistent with their employment obligations and role, professional staff, to engage in critical inquiry, intellectual discourse and public controversy without fear or favour, but does not include the right to harass, intimidate or vilify. 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.
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) and injuries sustained travelling between work sites, or other places of work and other educational institutions. 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.
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• 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.
Equal Employment Opportunity & 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. 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 grievance procedures designed to resolve work disputes. 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.
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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. 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 hrs worked over and above your allocated paid hrs. ❏❏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. 20
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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/unisa
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 hrs, 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! www.universitybargaining.org.au
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 Branch and Division publications on a regular basis.
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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Welcome
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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