Industrial action – Fact Sheet One
STRIKE ACTION Some Questions And Answers Q Is it lawful to strike? A Strike action relating to the negotiation of a new multi-employer collective employment agreement is lawful as long as it occurs at least 40 days after the formal initiation of bargaining, and at least one of the agreements covered by the bargaining has expired. Q If I go on strike, will I lose pay and, if so, how much? A: Yes, your employer may choose to deduct pay from your salary. The AUS view is that this amount should be 1/10th of your fortnightly salary for each day lost. The amount deducted should only reflect the amount of time you were on strike. Q Should I get paid if I have no formal teaching assignments on the day of the strike? A: No, your pay will be deducted if the employer deems that you are participating in industrial action. Q Can I be sued or disciplined for taking strike action for a new collective agreement? A: No, you are acting lawfully and exercising your legal right to strike over the negotiation of a new collective agreement. Q Can I be sued by students for fee refunds or loss of service? A: No, that is a matter between the university and students, not between staff and students. Q What should I do if my employer puts pressure on me not to strike? A Your employer should not put pressure on you not to take strike action. If this happens contact your union immediately. Q What happens if my employer or manager asks or instructs me to find someone to perform my work duties while I am on strike? A You should refuse to cooperate with such an instruction. Q Can my employer direct me to make up lost time? A: No, you are not legally obliged to make up time, nor can you be directed to do so. Q What should I do if my employer approaches me to suggest negotiating an individual agreement, or encourages me to leave the union? A: This is unlawful behaviour and should be immediately reported to the union. Q Can union members who are not included in the coverage clause of the proposed agreement take strike action in support? A: No, the legal right to strike applies only to those to be covered by the proposed collective agreement. Q What do I do if my employer suspends my employment, or locks me out? A: The employer has the right to suspend striking workers. See Fact Sheet 2 for more information on suspension and lockouts. Q Do I need to supply my name to the university to inform them I’m on strike? A: No, it is for the university to determine how it intends to monitor the strike and deduct pay. However, if you are formally requested to advise whether or not you were on strike you should answer this question after the strike action. You are not obliged to give prior notice of strike action. Q Whose responsibility is it to tell the employer that we are on strike? A The unions will notify the employer of strike action. There is no responsibility for individuals to do so.
Q Can the employer assume all union members are on strike and deduct from their salary? A No, the employer can deduct only from those who are on strike.
Q What happens about lectures, classes, assessments or laboratories scheduled during strike action? A: Union members should not participate in any work whatsoever during scheduled strike action. The University will need to provide any information necessary to students about the strike. Q Do I need to cover the material at a later date? A: No, you should not attempt to make up material from a strike day. Assessments however may need to be rescheduled. Q What do I do if the strike adversely affects one group of students and places them at a disadvantage? A. Advise affected students to take the matter up with the vice-chancellor, either individually or through their students’ association. Q: What happens with non-union staff during strike action? A: Non-union staff will continue to work during a strike. They may contribute to class sessions, but must not take on the duties of union members on strike. Better still, they should join the union and join the strike. Q: What if I am asked by students about my participation in a strike or about alternative class arrangements? A: You should advise that you will be on strike and that they should take any concerns that they have to their students’ association or to the vice-chancellor. Q: What will be happening during strike action? A: There will be organised protest action during strike action. Details will be circulated to union members. Q: Can I go on holiday for a strike day? A: taking a holiday during strike action will only diminish its effectiveness. Visible protest action will ensure that an effective message will be delivered to both the vice-chancellor and government. Q Doesn’t strike action only hurt students, and save the employer money? A: Industrial and political action are sometimes necessary in order to make progress during negotiations. The disruption and public attention that accompany strike action will put pressure on the ViceChancellor to resolve the issues Q Are there circumstances in which dispensation from strike action will be granted A In extreme circumstances some dispensation may be granted. Applications should be made, in the first instance, to the union. Applications will be dealt with on a case by case basis. Q Do I have to take part, especially if I don’t agree with industrial action that impacts on students? A: Yes, as member of a democratic union it is expected that your will abide by the collective decisions of members. It is important, therefore, that all union members participate in the decision-making processes. Q What happens in cases of hardship? A Contact your union, as arrangements can often be made to assist.
By taking industrial action, the union aims to put maximum pressure on the Vice-Chancellor to achieve its bargaining goals. The full support and participation of union members is vital in ensuring a successful outcome