Stan d togeth er - IEU Vic/Tas
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VOLUME 9 NO 4 AUGUST 2019 PRINT POST 100010937
sta n d t o g e t h e r
T (03) 9254 1860 F (03) 9254 1865 FreeCall 1800 622 889 E info@ieuvictas.org.au W www.ieuvictas.org.au The Point is published by the
MELBOURNE OFFICE 120 Clarendon Street, Southbank 3006 HOBART OFFICE 212 Liverpool Street, Hobart 7000 Independent Education Union Victoria
2
THE POINT August 2019
Independent Education Union of Australia
Victoria Tasmania Branch
ELECTION NOTICE - E2019/116
Casual Vacancy Election
Fair Work (Registered Organisations) Act 2009
Nominations are called for:
ANNA
Victoria Tasmania Branch
- Branch Delegates to Federal Council (3)
Nominations, which must be in writing and comply with the registered rules of the Organisation, may be
made at any time from 28/08/2019. Nomination forms are available from the Returning Officer.
Prospective candidates and nominators should verify their financial status and any other qualifications
required by the Organisation's rules prior to lodging nominations.
STEWART
Nominations must reach the Returning Officer via the lodgement method(s) stipulated below not later than
4:00pm Australian Eastern Standard Time (AEST) on 20/09/2019.
How to lodge nominations, nominations must be lodged via the following method(s):
By Post: Kylie Connor, Returning Officer, AEC, GPO BOX 4382 MELBOURNE VIC 3001
By Hand: Returning Officer, AEC, Level 8 Casselden 2 Lonsdale Street Melbourne VIC 3000
(please make an appointment if lodging document/s by hand)
MEMORIAL
By Fax: 02 6293 7603
By Email: A properly completed nomination form including all necessary signatures and attachments
may be scanned and submitted as a pdf file to vicelections@aec.gov.au
PLEASE NOTE:
1. Emails to the AEC inbox that appear to be spam may be blocked. It is the responsibility of senders to ensure
that their email reaches the AEC before the deadline for nominations.
2. In order to be able to be received by the AEC, emails (including attachments) should be no greater than 6 MB
PROJECT
in size.
3. You may call 03 9285 7146 to enquire about the status of your nomination.
Withdrawing Nominations
Nominations cannot be withdrawn after 4:00pm Australian Eastern Standard Time (AEST) on 20/09/2019.
Candidate Statements
Candidates may submit a statement to be included with ballot material. Only statements which comply with
the Rules and are received by the Returning Officer by 4:00pm (Australian Eastern Standard Time (AEST))
on 20/09/2019 can be accepted.
Voting Period
21 OCTOBER -
The ballot, if required, will open on 18/10/2019 and close at 12:00 noon Australian Eastern Daylight Time 1 NOVEMBER 2019
(AEDT) on 11/11/2019.
Scrutineers A two week internship for
The appointment of scrutineers opens on 28/08/2019 and closes at 12:00 noon Australian Eastern Daylight developing leadership in
Time (AEDT) on 11/11/2019. A form is available from the Returning Officer for the purposes of appointing union women.
Scrutineers.
Other Information For more information email
Changed Address? Advise the Organisation now. mclayton@ieuvictas.org.au
Please Note: A copy of the AEC's election report can be obtained from the Organisation or from the
Returning Officer after the completion of the election.
Kylie Connor
Returning Officer
Telephone: 03 9285 7146
Email: vicelections@aec.gov.au
28/08/2019
What’s in The Point Contact us
Long service leave @IEUVicTas
Debunking the myths Page 3
EDITORIAL/ADVERTISING comment is taken by School Officers:
Fixed term contracts ENQUIRIES D James, 120 Clarendon Street, Olivia Blackney
The good, the bad and the need to do better Page 5 T: (03) 9254 1860 Southbank 3006. Views Andrea Hines
F: (03) 9254 1865 expressed in articles reflect
those of the author and are COUNCIL PRESIDENTS
FreeCall: 1800 622 889 & DEPUTIES
August Council reports E: info@ieuvictas.org.au not necessarily union policy.
ELICOS members join us for the first time Pages 6, 7 W: www.ieuvictas.org.au Catholic Primary Council
COMMITTEE OF MANAGEMENT President: Maree Shields
CONTRIBUTIONS & LETTERS General Secretary: Deputy: Rachael Evans
Tasmania from members are welcome Debra James
Catholic Secondary Council
Pay rates for support staff in Tasmanian independent schools Page 10 and should be forwarded to: Deputy Secretary: President: Stephen Hobday
The Point PO Box 1320, South Loretta Cotter Deputy: Ruth Pendavingh
Melbourne 3205, or by email President:
Special feature to: ThePoint@ieuvictas.org.au Independent Council
VIEU’s 25th birthday feature Centre pages Mark Williams
President: Alexandra Abela
MELBOURNE OFFICE: Deputy President: Deputy: Rupert Stephenson
120 Clarendon Street, Teresa Huddy
VIT Southbank 3006 Tasmanian Council
Ordinary Members:
New notification requirements to VIT Page 16 President: John Waldock
HOBART OFFICE: Jason Blackburn
Deputy: Paul Mannion
212 Liverpool Street, Chris Dite
IEU Awards Hobart 7000 Andrew Dunne Principals’ Council
New IEU Award for Sustainability Page 18 Heather Macardy President: John Connors
The Point is published by Deputy: Vince Muscatello
the Independent Education Andrew Wood
Activism Union Victoria Tasmania. Member Resident
in Tasmania:
SchoolStrike4Climate - an open letter to IEU members Page 23 EDITORIAL CONTENT:
Responsibility for editorial Kim Merhulik
3
August 2019 THE POINT
Demystifying Long Service Leave What of Folau,
Long Service Leave is one of the more complicated now that we
and arcane employment entitlements. have Banerji?
H E
ere are three important without significant disruption masses of additional work on either arlier this month, the High Court of Australia
things all Victorian IEU and/or additional costs. side of a period of leave. Some schools found that the dismissal of a Department
members should know – Employers cannot have a policy have resolved this for short periods of Immigration and Citizenship employee
plus a fourth matter of great that requires a minimum period of of LSL by calculating the preparation in 2012 was lawful. Banerji, an employee of the
irritation to those employed in notice, and the amount of notice time that would have applied for Department was tweeting anonymously under
Victorian Catholic education! provided cannot be used as the the period of leave and releasing the twitter handle @LaLegale. The tweets related
One day at a time. Employees sole reason for refusing a leave teachers for that amount of time to do to criticisms of the government’s policies -
can now access long service leave for application. Employers may however preparation and marking. after many years of tweeting, and thousands
periods as short as one day. In the have a policy which requests a certain The best outcome is to reach an of tweets later, the Department terminated
past LSL was normally a period of amount of notice – and both to assist understanding about how (and by her employment for breaching the Australian
13 weeks taken in one, two or three in your school’s planning and to whom) work will be done, balancing Public Service Code of Conduct.
periods. Now the LSL Act (and the minimise the risk of a ‘reasonable the needs of the school with the The APS Code of Conduct is part of the
Catholic EBA) both specifically permit business grounds’ refusal, it is rights of the employee. Any direction employment contract for all Commonwealth
employees to take one or more days advisable to meet this request where to do substantial portions of the work public servants. The Code requires public servants
at a time. There is some complexity it is possible and practical to do so. that otherwise would have been done to behave in a manner that upholds the values
for teachers in independent schools, Teachers cannot be required to during the period of leave is plainly and good reputation of the APS at all times.
but everyone else (support staff in do all the preparation for periods unreasonable, as is the direction to These values include that the APS is apolitical,
independent schools, all staff in that they are on long service leave. In undertake all marking arising from impartial and, professional. At the time of
Catholic schools, all staff in private a strict legal sense, employees on any the period of leave (without an agreed Banerji’s dismissal, her employer justified the
colleges/ELICOS) can take their form of authorised leave are entitled corresponding reduction in teaching dismissal on the basis that her tweeting meant
entitlement in any number of periods to be relieved of all duties normally time or other duties). that she was not apolitical. Banerji challenged
of as short as one day when they performed in the period between If you work in a Victorian the dismissal by suing for compensation for a
reach 7 years’ service. the commencement and conclusion Catholic School: The CECV Industrial workplace injury, alleging that a psychological
Employers cannot require a of their leave. So, for example, a Relations Unit is still defending the disorder was caused by her termination (note,
minimum period of notice for teacher taking a week of leave could indefensible current arrangements this is an unconventional manner to challenge
applying for long service leave. prepare lessons for the whole period for payment during LSL. The many a dismissal). In the first instance, that claim was
Regardless of whether you get LSL and then, insisting on their lawful problems include: employees taking excluded by the law because her injury arose from
under an Award, an Agreement or entitlement, return and expect lesson a pay-cut when they go on leave; a reasonable administrative action (the dismissal)
the Act, the employer is required to plans to be prepared for their classes part-time staff being paid much more by her employer.
grant LSL as it is applied for unless the for the following week. The IEU than their normal wage when they The case that went before the High Court was
employer has ‘reasonable business recognises that this approach will go on leave (along with an oversized about whether the exclusion to bringing the
grounds’ to refuse it. So regardless often be impractical, so would advise deduction from their accrued LSL injury claim was unconstitutional and therefore
of how much notice you give, your all parties to reach a negotiated entitlement), and those on short whether that law is invalid because it infringed on
employer must consider your understanding – but it must be an periods of LSL being paid different the implied freedom of political communication
application on its merits and can only understanding which recognises that amounts for each day. The IEU is protected by the Constitution. Banerji’s argument
refuse it if your absence will create being on leave means ‘not working’, continuing to press for a solution to failed before the High Court – all seven Justices of
real problems that cannot be resolved and that it’s not reasonable to load up all these problems. Stay tuned! the High Court ruling against her case.
Essentially, we have been reminded (once
again) that we do not have a right to free speech
A long and winding road
in Australia(!). What we have instead is an obscure
implied freedom, which preserves a citizen’s ability
to have discussions with another citizen about
government and politics without unreasonable
As we celebrate 25 years of the merger of the restriction from laws (key word: unreasonable). In
practical terms, this is pretty narrow, and we do not
three sector specific unions in Victoria, we should have a positive right to free speech (as for example
take the time to acknowledge our roots and pay the USA does).
our respects to where we’ve come from, but as Of course, the other case which has received
extensive coverage is that of Israel Folau. On 1
importantly we need to be working on a clear August 2019, Folau’s legal representatives filed
vision of where we are headed over the next documents in the Federal Circuit Court to argue
that Folau maintained his social media accounts
GENERAL SECRETARY
DEBRA JAMES quarter of a century. wholly disconnected from his employment – so his
dismissal is in breach of the religious protections
T
under the Fair Work Act. The relevance of Banerji’s
he origins of our union came Catholic primary principals with the that limit our capacity to deliver case to Folau’s is indirect, in that Banerji’s case
from the collectivism of Assistant Catholic primary staff association. quality teaching and learning and emphasizes that our legal system is prepared to
Masters and Assistant Mistresses Then the movement from a state technological change which provides give primacy to the employment contract over
who through their associations industrial relations system to the both amazing opportunities but any real or imagined human rights. The question
agitated for an increase in their federal jurisdiction, the introduction has not yet eased those same work becomes can I be support Banerji’s case but not
salaries. In the early 1900s teachers of enterprise bargaining and the pressures. Our professional autonomy Folau’s? The answer is yes.
were earning as little as 12 – 20 pounds long, slow, incremental process of is under constant challenge and The High Court found many years ago that there
per year, much less than teachers in improving wages and conditions. our behaviours and interactions is an implied freedom of political communication.
government schools and the wages of Various campaigns have all had one under overly intrusive and highly We need the implied freedom and it is very
Assistant Mistresses were much less thing in common: they have been judgemental scrutiny. Our work important, because in Australia, we do not enjoy
than those of their male counterparts. driven by dedicated, committed and environment is becoming more a Bill of Rights, or have a positive right to free
It is against this backdrop that a small, courageous teachers, principals and frenetic and in many cases aggressive speech or any positive human rights enshrined in
yet valiant group of women set out support staff who know that they are while our wellbeing seems to be of legislation or the Constitution. This is different
to achieve an industrial Award that stronger together, that you don’t give less concern for some employers. The from Folau’s case, which is based on an argument
regulated their wages and conditions, up at the first hurdle and that if you future of education is in the hands of that ‘free speech’ trumps private contracts between
finally realised in 1947 with the don’t fight, you lose. our younger teachers and we are have individuals and commercial entities. Ultimately,
Teachers (Girls’ Schools) Award. We stand on the shoulders of those to work hard to keep them with us. a citizen should have a positive right to speak
Fast forward through the many who have gone before us and what The IEU will continue to fight as about its government’s policies, because it elects
achievements over the years; the we have across schools we owe to it has always done to protect, defend that government and because the government
inclusion of other independent schools them, but it is our job to fight for the and improve the working lives of is accountable to its citizens. The right to openly
into Awards, the first Award in the future and the next generation. The our members. With the support speak about your government is fundamental to a
Catholic sector, the extension of next 25 years will contain challenges and solidarity of our members democracy – if we do not have this right, then what
Award coverage to education support already known but not yet resolved we will succeed. does that say about our political system?
staff, the merger of the Association for - increased workload pressures
4
THE POINT August 2019
200 years on from
the Peterloo Massacre
Looking back at the history of our own union reminds us of the important lessons of the past – and so
we are launching a regular column which will focus on an important moment in union history. We’re
kicking off with a tragic but pivotal event which took place almost exactly 200 years ago in Manchester.
O
n the morning of Monday 16 (almost disappeared into the sea by the more than 1,500 soldiers and constables. working-class men would get their vote
August 1819, a large crowd 19th century) and Old Sarum (an area At about noon, several hundred – and, as you know, women would wait
gathered in Manchester for a outside Salisbury largely abandoned constables formed two lines in the crowd another century for theirs.
massive regional meeting, a peaceful since the Middle Ages) would no to make a corridor between the house The legacy of Peterloo and the
rally to call for political reform. The longer send two MPs to Westminster. where the magistrates were watching to struggle of working people continues
gathering was organised by the The constituency boundaries were the hustings where the speakers would today. Because of the efforts of the
Manchester Patriotic Union, a group out-dated and the ‘rotten boroughs’ address the crowds. At around 1.15pm working-class in the past and the
agitating for parliamentary reform. had a disproportionate influence on Hunt arrived to great cheers – soon after, mobilising of the masses, today we enjoy
Henry Hunt, a well-known orator and the membership of the Parliament in he was arrested by warrant authorised by rights that were limited in the past to a
pioneer of working-class rights, was comparison to their population. the magistrates. In the process, soldiers small group of people who owned and
scheduled to address the crowd. It is Conversely, the major urban and constables launched into the crowd controlled land and industry. Although
estimated that between 60,000-80,000 centres of Manchester, Salford and injuring children, men and women. The we are not completely free from this
of mainly working-class people gathered Stockport, for example, had a combined exact number of fatalities on the day is control today, we enjoy more freedoms
at St Peter’s Fields from surrounding population of almost one million not confirmed; however, it is believed to than our counterparts in the past.
towns – to put it into perspective, at and were not proportionately be between 11-18 people, including an All working people today should be
that time Manchester’s population was represented in Parliament. infant. Between 400-600 people were reminded of the great sacrifice that
around 120,000. The crowd consisted There were 18 volunteer magistrates injured. Some died on the spot, others working-class people made at Peterloo,
of men, women and children – families and a paid full-time magistrate who died weeks after. Death and injuries and throughout history.
gathered for a non-violent and peaceful took charge of law and order in the resulted from deep sabre cuts to the head We must always remain alert to any
protest for universal male suffrage. The Manchester area. These men owned and arms, or being trampled and ridden infringement on the rights of working
women were there to assist the men to valuable property and held professions over by cavalry. Hunt was imprisoned people, whoever they may be, wherever
get their vote, as it was considered that in law, business and even as Church of for two years following the Peterloo they may be or whatever industry or
the man’s vote was a vote for the family. England clergymen. They were unlikely Massacre on a charge of unlawful and profession they work in – because an
Voting was restricted to adult to be sympathetic to the political reform seditious assembling for the purpose of attack on any worker’s rights, is an attack
male owners of freehold land with a proposed by the predominantly working- exciting discontent. on all workers’ rights.
minimum annual rental value of 40 class people. The magistrates sat Sadly, the gathering at Peterloo did
shillings. The crowd wanted a reform of watching the crowds gather in a private not lead directly to the parliamentary Rise like Lions after slumber
the parliamentary system for universal building near the field. They had signed reform the crowds were seeking. After In unvanquishable number--
suffrage and to give Manchester proper up around 400 armed special constables, the massacre, the authorities closed ranks Shake your chains to earth like dew
parliamentary representation for the deployed troops from Manchester, regular against any change. It would take another Which in sleep had fallen on you--
first time, so that the so-called ‘rotten cavalry and infantry as well as two six- 13 years for limited parliamentary reform. Ye are many -- they are few.
boroughs’ like Dunwich in Suffolk pounder cannons. In total, there were It would be many decades later that – Percy Shelley
Pride Update
The IEU Pride Network was honoured to launch its first event this year with a
presentation from the Victorian Commissioner for Gender and Sexuality Ro
Allen who spoke about the work undertaken by the Victorian Government
in the Equality portfolio.
T
he Commissioner recently This month, reforms will be introduced is written may not match their
gave evidence before the Royal into the Victorian Parliament giving personal presentation.
Commission regarding Victoria's transgender and non-binary people the Having identification that matches
Mental Health System, providing a ability to change the sex recorded on a person's identity can be vital for the
much-needed focus on LGBTIQ+ needs. their birth certificates. This will bring health and wellbeing of trans and gender
Current figures show that LGBTI young Victoria into line with the ACT, Tasmania, diverse people. Removing these cruel and
people between the ages of 16 and 27 Western Australia and South Australia unnecessary requirements to be able to
are five times more likely to attempt who have all passed similar laws. update one’s birth certificate to reflect
suicide than their peers. The statistics Under the current law in Victoria, a their true selves is a necessary step in
are even worse for transgender adults, transgender person must have undergone acceptance and acknowledgment of
who are nearly 11 times more likely to sex affirming surgery to have their birth gender diversity in Victoria.
attempt suicide and for people aged certificate changed to affirm their gender. As teachers we are in a powerful
over 16 years with an intersex variation Surgery comes at a great cost - it is position to create an inclusive and safe
who are nearly six times more likely. not covered by Medicare and is not environment for our students. One of
Commissioner Allen reminded readily available in Australia. When the ways we can achieve this is through
us that it is not a person’s gender a transgender person is required to having knowledge of the unique issues
identity, sexuality or intersex provide documentation, they will need that affect our students. In the next
identification that is a cause for to 'out' themselves as transgender to edition of The Point we will follow up
mental health illness, but rather the prospective employers, landlords and this issue with information on how
compounded discrimination faced in other situations where identification we can support our LGBTIQ+ and
in everyday life. documentation is required, as what gender diverse students.
5
August 2019 THE POINT
Fixed term contracts – Is this what
the good, the bad, and
democracy
looks like?
the need to do better
DEPUTY SECRETARY
The Victorian Catholic Agreement obliges the LORETTA COTTER
CECV to provide the IEU with quarterly data on An emboldened federal
fixed term employment statistics. government has re-introduced
T
its Ensuring Integrity Bill
his was a requirement in both school there are people who need to fixed term contracts compared to 10%
the 2013 Agreement and the be replaced due to long service leave in secondary schools. through the Lower House, and
current one. Earlier years had or parental leave, but clearly there The Union has had some good its passage through the Senate
data based on full-time equivalent has also been long entrenched (and outcomes in specific schools (and in
figures, but more recent years wrong) practice on two key fronts: the Commission), but much more crossbench only requires a
provide FTE and head count. We now Employing LSOs on annual needs to change. It can’t only be vote from a couple of senators.
T
have a very good overview of how contracts and about individuals finding the courage
fixed term employment is tracking. Employing graduate teachers to question their contract – that his is a union busting Bill that gives
Overall, in the last five years, the on one-year contracts to ‘try is a tough thing for someone who extraordinary power to a Minister, the
percentage of people on fixed term before you buy’ wants a job the following year. The Registered Organisations Commission or
contracts has remained at about Four out of five teachers classified employing authorities must continue ‘any person with sufficient interest’ to apply for
20% - that is, one in every five people as Level 1-1 (beginning teacher) are to send a clear message to schools to the deregistration of a union, the disqualification
employed is on a fixed term contract. on fixed term contracts. This drops to change their employment practices, of elected officers, the restriction and control of
There have been some substantive one in every five by their fifth year of and, as shown by the data – where union funds and the suspension of any rights
drops over the last two years in a teaching. And we wonder why early there’s a will there’s a way. such as bargaining.
couple of Dioceses – Sandhurst has year teachers are considering leaving Grounds for disqualification include a
dropped by 5.7% (from 24.6% to the profession! Are you on a fixed term contravention of the Act such as filing financial
18.9%) and Sale by 8.5% (from 20% Of concern also is that there contract? Do you know why? Do or membership records a day late up to taking
to 11.5%). The Diocese of Ballarat has is more than twice as much you know who you are replacing? unprotected industrial action. Members in
the highest percentage of people on insecure employment in Catholic If you answered yes to the first Victorian Catholic schools well know that
a fixed term contract – 24.2%. And primary schools. question and no to the other two – because of the CECV’s persistent refusal to
Melbourne, which employs currently For example, 33% of Education contact the IEU. negotiate a single interest Enterprise Agreement
over 21,000 staff, has 21.4% of Support staff are on fixed term Reps are also encouraged to – industrial action taken over the last decade
employees on fixed term contracts. contracts in primary schools actively raise this issue on behalf of has by necessity been ‘unprotected’. Nurses who
The ongoing push over two rounds compared to 12% in secondary LSOs, SSOs and graduate teachers close down beds to protest about conditions are
of bargaining (and in between) is to schools, and 23% of teachers in in their schools. Your organiser can in the same boat.
make certain that people are on valid Catholic primary schools are on support you with this. This Bill, if passed, places our union and all
fixed term contracts. Yes, in every others in a legislative framework that bears no
resemblance to any other in Australia, but looks a
lot like that found in authoritarian regimes. There
John Marsden - the jury is out
are no equivalent provisions in the Corporations
Act that allow a company to be wound up
because of non-compliance with the law. In
fact, a company can charge dead people fees, or
dump toxic chemicals repeatedly, but a union
Members with their eyes on the media recently could now face cancellation of registration if its
will have noticed significant publicity generated members take unprotected industrial action.
by the launch of John Marsden’s new publication. Our union, like others, has a representative
Committee of Management who are elected but
H
are in effect volunteers – practising teachers,
e featured on chat shows and decided to visit the school. sleepovers with the students two or principals, and education support members. We
in the written press giving Clearly we were keen also to three times a term in classrooms, on are established by members and for members
us his views on the proper provide membership information, soiled ‘rat infested mats’. There is paid who elect us every four years and if they
raising of children, bullying, the and to establish a union presence compensation for this last practice. thought we weren’t doing a good enough job –
failures of traditional education and at the school. The school is mostly The IEU rang John Marsden to raise we wouldn’t be here.
the like. Of course, Mr Marsden is reliant on the Award for its these issues but he was unavailable Yet this Bill would allow the Courts to decide,
completely entitled to put his views employment conditions, with no as he was on a book tour and, via on very narrow grounds that they are required
in the public domain and to earn a Enterprise Agreement. the Alice Miller Head, told the Union to apply, to close us down or take a range of other
living as a noted author. Apart from Anecdotally, and without wanting to put its concerns in an email. We punitive measures with no requirement to hear
his literary status, Marsden taught in to be named, staff volunteered that formally communicated with Mr from and take into consideration any views
the 80s, and is now principal at the there were no written contracts of Marsden on 31 July, requesting a of the membership.
Candlebark/Alice Miller schools in employment, their salaries were way response to a series of questions and Sharan Burrow, former head of the ACT and
the Macedon Ranges. below industry standard, there had offering to meet with him for clarity. now General Secretary of the International
These schools have not been no pay increases via percentage As of going to print, no response has Trade Union Confederation (ICTFU) has said the
traditionally been high on the IEU’s or incrementation in 3 years, there been forthcoming from Mr Marsden legislation is an ‘extraordinary act of vandalism
radar, Alice Miller having only opened were no leadership or responsibility other than an insistence that all in terms of the democratic rights and freedoms of
as a secondary campus in 2016 on allowances, personal leave accrued at communication between the IEU and Australia’. The government’s own Human Rights
the site of the now closed Macedon the Award standard up to a maximum him be in writing. Committee has acknowledged that the Bill does
Grammar. Candlebark operates as a of 10 days (all absences requiring IEU member presence continues not sit comfortably with Australia’s obligation
primary campus in Romsey. medical certificate), and no regulation to grow at Alice Miller, there is a sub- under international law to protect freedom of
Several calls to the IEU office came of hours of work, class sizes, extra- branch rep, and we will work with association, including the right for members of a
through from staff at Alice Miller late curricular duties and so on. members to address their key issues. union to elect their own officials. The IEU, along
in term 2 and over the break. Some of Staff also spoke of compulsory As for the elusive Mr Marsden – we with the ACTU, will lobby the Senate to reject the
the employment conditions sounded cleaning of toilet duties with the look forward to meeting him! Bill in its entirety.
highly unusual, and the Union students after school every day, and
6
THE POINT August 2019
August Victorian Catholic Primary Council
Council Reps from Victorian Catholic Primary
schools met on Saturday after the
Round Up! conclusion of the Joint Council meeting.
I
t was a wonderful opportunity Other matters raised for assisting the VCEMEA, and schools where
to share ideas and strategies that in managing workload were the this isn’t occurring.
On a bleak winter’s day, are being used in some schools to establishment of an adequate Feedback from reps attending
over 100 reps packed deal with the large workload issues communication policy especially Catholic Primary Council was that
many educators are currently facing. with regard to outside of school the Consultative Committee training
the Council meetings There was much discussion about the communication and availability to delivered at a school’s staff meeting
on 10 August. NCCD with the passing of the recent parents after hours; the possibility by the IEU assisted enormously in
deadline, and the workload involved. of streamlining the increasing attaining a level of functionality at the
F
It seems that some schools have requirement for risk assessments to Consultative Committee that hadn’t
or the first time a group of streamlined their collection of data be done by teachers; and the vast been there before. Any Reps who wish
members and reps from ELICOS whereas others have not made difference in workload management to engage the IEU to deliver this 40
Colleges attended the Joint many changes to deal with the between schools, with a functioning minute session please contact
Council, and then convened a longer extra workload. Consultative Committee as outlined in your IEU Organiser.
information and strategic planning
meeting supported by IEU staff.
Secretary Deb James gave an
Victorian Catholic Secondary Council
overview of the year to date, including
reports from other staff about the
continued long service leave impasse
with the CECV, industrial action at
Al Siraat, going green and a new IEU Secondary Council focussed
Sustainability Award.
Guest speaker was Tessa Dehring, further discussion on the drivers
Director of Nous Group who and enablers of workload.
conducted the research into workloads
R
of Catholic primary principals, deputy
eps reported that they had benefit, for example, reducing government and other relevant bodies.
principals and teachers in 2018. This
developed a range of approaches staff briefings/meetings to only The aim here is to have at least a
research was the result of the 2017
at local level including better occur ‘as required’. meeting a term and to utilise online
MoU between the Union and the
tracking and local maximum limits for Council supported the IEU in meeting options to minimise the time
CECV, and the establishment of a joint
extra-curricular activities, balancing developing more targeted advice pressures for those involved.
working party this year, convened by
out additional hours with schools for members on NCCD requirements If you are interested in joining, please
NOUS, is also the subject of a MoU
providing load adjustments to reflect, and workload implications that email Kylie at kbusk@ieuvictas.org.
(see next page).
for example, school productions or must be considered. au with subject line ‘Education and
Tessa’s presentation was well
counting other lunch time activities In Rep roundup there continue Professional Issues Advisory Group’
received by reps – there were no
towards yard duty requirements. The to be some ‘repeat offences’: for further details.
surprises as the issue of workload
impact of three significant drivers of fixed term contract issues especially Council closed with a statement of
intensification has been the topic
workload: continuous reporting, NCCD for a number of newer staff support for members at Presentation
of discussion and negotiation over
and general compliance issues were Parental Leave return to work issues College Windsor who are dealing with
several rounds of consultation,
also explored. Our thanks to the Catholic Secondary the sad reality that their school will
Councils, and bargaining. What
The NOUS report confirms that there members who have expressed close by the end of the 2020 school year.
hopefully is different this time is that
is ‘no silver bullet’ when it comes to interest in participating in our newly
employer representatives have now
‘fixing’ workload, it will take a range relaunched Education and Professional
agreed that workload intensification is
of strategies at system, school and Issues Advisory Group. We look forward
an issue, and something must change.
individual level. to this forum providing another
Having independent research confirm
Many reps identified that small shifts mechanism for members to inform
what members and reps have been
in workplace culture were having good the work of the IEU in our work with
telling us is the catalyst for ensuring
that the system works to mitigate the
pressures and address the key factors
Victorian Independent Council
identified in the report.
After a short break, individual
Councils convened to discuss
their key sectoral and local issues.
As always, we thank the great A small but lively group of reps from the Victorian
commitment of reps who, on top of a Independent Council discussed a range of issues
hectic schedule, give up some of their
precious personal time to come along including addressing workload in independent
and be part of our structures. The schools, the NCCD, bargaining across the sector
atmosphere, despite the chill outside,
was very warm! and current issues in schools.
C
learly workload remains a huge commented on as a factor that can Murray George from Billanook College
issue, with reps identifying inhibit genuine discussion and advising that the principal had written
a number of ways in which consultation around reducing workload to staff to announce that all of them
schools, members and the IEU can work and expectations – for example, a would be able to access the improved
together to tackle the issue. At the local crammed school calendar with plenty provisions in the Long Service Leave Act
level, reps spoke about the need for of extra-curricular sport is often a which includes periods of leave for as
much stronger protocols for dealing ‘selling’ point for what schools are short as a day and that the first year of
with parental behaviour transgressions, offering the student community. unpaid parental leave counts as service
email policies with ‘teeth’, and the need There was consensus that factors for the purposes of accrual.
to review reporting requirements. There that can address workload issues at Finally, reps heard a report on
was also detailed discussion about the school level are connected to strong bargaining in Victorian independent
the NCCD which they identified as and supportive leadership, purposeful schools where the IEU continues to
being a major contributor to increased communication, and of course achieve some solid outcomes for
workload for teachers and general staff. sub-branch strength. members, particularly around wages.
The focus on competition in the Reps also discussed issues around
independent school sector was also Long Service leave in schools with rep
7
August 2019 THE POINT
NOUS Report: how
Vox pops at Council!
hard are we working?
The NOUS report, which will be available soon to all members, takes a very complex
issue and tries to break it down into drivers and enablers, as well as recommendations
for system wide, school wide, and individual areas for focus and management.
Lina Kadziela – Rep
A Trinity Lutheran College
cross all three roles – principal, Excessive and ineffective meetings collaborate across schools
deputy principal and teacher – was one of the most commonly reported Provision of extra support for
the average total hours per week drivers of workload for deputy principals administrative and non-teaching tasks Any tips for building union
exceeded 40 hours in term time, and and teachers. Implementation of consistent school presence at schools?
often exceeded 50 hours, with average Meetings were either unnecessary, policies and procedures Talking to people and asking
hours generally higher across the board scheduled during release time or after More empowerment of school them about the union. I’ve always
for primary principals. Over half of hours, not purposeful or well-focused, principals and staff felt secure knowing that I had the
primary principals reported that they prone to hijacking by others, or too More effective practices to union behind me. I had someone to
had worked between 51 and 60 hours concerned with compliance. leverage technology talk to that knew what I was talking
during the previous week. The report also alludes to how the Prioritising professional development. about, that didn’t belong to the
63% of teachers had worked between relationship between schools and parents At the school level the report focussed school, an independent voice.
41 and 60 hours in the previous week. was more difficult to navigate. Catering on the need for much more purposeful
Consistent with what reps and members for students with special needs or communication and engagement,
have been reporting to us, assessment complex behavioural issues was putting empowerment and support for teachers,
and feedback, and administrative tasks, pressure on everyone. For teachers it was and improved boundary setting
is where activity focus and time has additional planning and preparation, around teacher work, for example
increased. A major component of the and often extra individual time with responding to emails.
perceived increase in administration students. For school leaders, particularly Where to from here?
work was reporting on teaching and female principals, the levels of abuse It is the Working Party’s role this
learning. Teachers reported that the from parents were reported to have year to unpack the report, and to
volume, depth, and frequency of student significantly increased. All three groups reach consensus on actions and
reporting had increased in the last three reported that the required documentation recommendations for change. The four
years. Specialist teachers commented of learning adjustments for the NCCD Dioceses are represented, and the IEU
on the requirements of producing more had also significantly increased workload,
reports, with more comments, for very particularly for teachers.
has four representatives – David Brear, Jason Blackburn – Rep
Assistant Secretary, Maureen Shembrey,
high numbers of students. Continuous A key enabler of manageable workload Principals’ Officer, Kylie Busk, Secondary Marist-Sion College
reporting invited continuous interaction was good leadership. Participants in Council Convenor, and Lou Prichard,
with parents, with many teachers the survey valued having leaders who Any tips for reps?
Primary Council Convenor. The Union will
expressing concern about the level of valued them, and who provided them continue to work with our reps and sub- Develop a good relationship with
engagement by parents, and no change in with autonomy. Clear direction, a positive branches to press for immediate change your principal wherever you can as
end of semester reporting requirements. workplace culture, positive relationships in some areas – such as emails, meetings well as members of the leadership
72% of teachers felt that technology with parents, and trusted and dependable and excessive reporting requirements. team as it means you can have
had increased their workload over the last colleagues and support were all important. We’ll keep you posted about progress productive dialogues and you’re
three years, reporting that it had made On a system wide level, the at the system level. likely to be consulted more because
them easier to be contacted both during report recommends: of that. In terms of building your
and after school hours by parents. Greater support and opportunities to branch - reaching out to people
individually is a helpful thing as
often people don’t fully understand
what the union is about. And
ELICOS Teachers Fired Up!
making a good, cheerful presence
in the workplace as opposed to
focusing on negative things.
A large group of ELICOS
(English Language
Intensive Courses for
Overseas Students)
teachers from 13 different
English Language Colleges
joined reps at Victorian
Council on 10 August. Emma Dook –
Impact English College
T
eachers gave up their Saturday incorrect classifications based on a refusal & inviting ELICOS reps or What do you think are the
morning to come together to learn to recognise prior service. the IEU Organiser barriers towards organising
about key rights and entitlements and We were inspired by the determination Joining and being active on the new
at your workplace?
to workshop plans to transform the ELICOS of those present to create change in their ‘Organise ELICOS’ Facebook page
sector into one where they are respected, workplaces and across the sector. Attendees Organising ELICOS industry I think people go into this job not
paid decent rates and organised to negotiate committed to following through on wide events. expecting to stay there for eight
Enterprise Bargaining Agreements. actions including: years. Some people see it as a casual
It was shocking to learn about some of the Talking one-on-one with other teachers Contact the IEU office if you work in job and up until now there hasn’t
issues ELICOS teachers face, including wage about their issues & asking others to the ELICOS sector or would like more been an example of how things
theft, underpayment of superannuation, join the IEU information! Email info@ieuvictas.org.au could be better. Another issue is
insecure casual work, sham contracting, Creating and sharing information and or phone 9254 1860. having a time to meet as there are
unpaid additional work, sexual harassment resources on ELICOS issues morning teachers and evening
claims brushed under the carpet, and Setting up meetings of potential members teachers which makes it hard to find
a time and place to talk together.
8
THE POINT August 2019
25 years Redundancies in
young! Victorian Catholic schools
Members will be aware of the extensive media coverage
regarding the closure of Presentation College Windsor
at the end of 2020, a decision that will impact on the
professional and personal lives of many members over
the next year and a half and beyond.
W
UNION PRESIDENT hilst the union is actively opportunity to gain employment redundant or not. Factors that can’t
MARK WILLIAMS engaged with other elsewhere. Unfortunately, over recent be used include a staff member’s:
stakeholders to support our years the late notification of potential union affiliation
I
members at Presentation, there are redundancy by a number of employers sex, marital status, age or pregnancy
remember the early nineties of non- some more immediate redundancy has created unnecessary stress for lifestyle
government education unionism being situations arising in Victorian Catholic many staff facing the prospect of competence/suitability or otherwise
a time of almost constant rumblings by schools that will impact on members losing their job without appropriate religion.
Committees of Management and union leaders in 2019. Week three of term three is time to find another.
Step 4: Notifying the
struggling to cater for a growing membership the time when a potential redundancy, As part of this first step employers
with expectations of service also growing. Each once identified, should be notified to are required to attempt to resolve the Redundancy Result
union was still comparatively small. Despite those potentially affected, including potential redundancy by: If agreement is reached in Step 3, a
our differences, by 1993 the the possibility of staff, the IEU and the relevant diocese, reviewing the intentions of staff member being made redundant
amalgamation was on the table. and already a number of potential staff regarding proposed leave should be notified within two weeks
However, it was still fraught with redundancies have been notified. or resignation (Staff should be and given the relevant notice.
difficulties and I remember the tense, straight The redundancy guidelines in provided with an intentions form at Step 5: Assistance in re-deployment
faced meetings between VCPSA and SACSS Appendix 2 of the Victorian Catholic the time of notification)
Following notice in Step 4, the
accompanied by some ‘eye balling’ as each side Schools Multi-Enterprise Agreement looking at a desire from a part-time
employer must co-ordinate re-
queried, ‘Well, what would be the advantage 2018 set out a clear process aimed at employee to vary their time fraction
deployment assistance with the
of joining with you?’ ensuring that a consistent and fair investigating what efforts can
relevant CEO and make the offer
As meetings between the three unions approach to this difficult situation is be made to re-deploy or retrain
of a period of Leave Without Pay
occurred more regularly, I think there was applied in all Catholic schools. existing staff within the school
with a view to deferring the
a growing realisation that the assumed The process has the objective of asking staff whether they would be
possible termination.
‘irreconcilable differences’ did not actually exist. avoiding or delaying any potential interested in making a voluntary
The leadership of the three Secretaries was redundancy, or where this is not offer to be declared redundant. Step 6: Redundancy payments
also exemplary and a culture of trust replaced possible, helping to assist those Once staff are declared redundant,
Step 2: Redundancy Document
the tension of the past. We all could see that declared redundant to find other severance payments are only
regardless of sector, what we had in common suitable employment. If the processes above fail
made after 15 consecutive working
far outweighed what was different. to resolve the potential redundancy,
days. If the staff member declared
the employer must develop a
So, the amalgamation of 1994, accompanied
with the normal change of management
There are 6 key steps document that sets out the reasons
redundant gets a job within Catholic
education within that time frame the
teething problems, led most of us to soon think in the process: for the redundancy, the number
redundancy will not take effect.
‘Why the hell didn’t we do this earlier!’ and categories of staff likely to be
Redundancies in schools create
The 1994 amalgamation was originally about affected, all the alternatives they have
Step 1: Redundancy Identification significant stress and uncertainty
dealing with economies of scale and resource investigated to resolve the potential
As soon as a potential redundancy for members, and so if a potential
rationalisation. What I think it actually did was redundancy and any special funding
situation is identified in the school redundancy has been notified at your
turn three fairly insular, young organisations they have sought to tide them over
each staff member, the relevant school make sure that you contact
into one much stronger union. Education is the redundancy gap.
Diocesan Director and the IEU must your IEU Organiser for advice.
education, wherever you come from, and the Step 3: Redundancy Meeting
be advised in writing. The end of
different cultural stories which made up each You can find the redundancy
third week in Term 3 is the latest As soon as possible after Step 2, the
separate organisation blended to create one guidelines in Appendix 2 of the
date at which it is ‘expected’ that employer and the IEU will meet to
story – the union for all non-government 2018 Agreement on our website.
the parties will be notified with discuss the redundancy document and
schools. It also nullified an advantage that
the objective of allowing suitable the employer’s proposal. The parties
employers had at that time - the ability to
time to work through the process will attempt to agree on what criteria
play one union off against another.
and to give staff made redundant are to be used to make the decision
It would still take a few more years before the
appropriate notice and maximum to declare particular staff members
VCSA (the Catholic employer body at the time)
would interact with us productively – and it is
still a point of historical interest that when
the industrial relationship became more
co-operative the VCSA was disbanded by
the Archdiocese!
Fast forward to what I see as a gradual
Home at last for our Lady of the Way
P
disintegration of ‘good will’ in industrial
negotiations as lawyers replace educators. It rincipal Terence Cooney, sub- functioning as a school in its own linked by a covered outdoor area was
has been the strength and determination of branch rep Maree Kazaris and a right. The intention was to then move filled with energy and enthusiasm
VIEU (now the IEU) which has continued to growing staff are very excited to Wallan East for the commencement now that the school’s permanent
chart a course marked by values of justice, to finally have moved to their new of the 2019 school year. location is being occupied. Further
fairness, and determination to make a campus location, their ‘home’, on Blue Delays and red tape once again building and grounds projects are
difference in the lives of our members. The Lake Drive, Wallan East. Our Lady of prevented the move and the already either in planning or have been
strength and solidarity developed since 1994 the Way School Wallan has taken growing student population was approved and soon to be underway.
should hold us in good stead for the future. rather a circuitous route to their home then hosted by Assumption College Like the school population, the IEU
base. The school came into existence Kilmore. Finally, midway through sub-branch is rapidly growing. We
at the start of 2018 with 66 students, term 2, the building project was welcome all of our new members and
Happy 25 years together ranging from prep to year 3, along completed to the stage that the applaud them on their perseverance
comrades and colleagues! with 10 staff. The building project for
the school buildings in a new estate
move could happen!
It was a grey, wet day that the IEU
in providing high quality education
to their students under challenging
Solidarity forever! was underway, but nowhere near
completion. For the 2018 school year,
visited. The weather did not affect
the sunny, warm welcome by staff
working conditions.
Our Lady of the Way was welcomed and students alike. The campus,
by St Patrick’s School Kilmore, though consisting of open plan classrooms
9
August 2019 THE POINT
Bargaining Round Up
Victorian as teachers, and that the College and the The IEU is consulting members about At Launceston Church Grammar
IEU will enter into negotiations for an this proposal as several issues including the IEU is working hard on 2 new
School Bargaining Agreement covering all staff in 2020. teachers’ workload, face-to-face teaching EBAs to cover teachers and general
B
hours, wages, general staff classification staff. Negotiations are not progressing
argaining has not started in The bargaining dispute continues at and part-time conditions are needing to particularly well with the IEU concerned
the way the IEU had hoped at Al Siraat College Epping. See article be addressed. Other issues include notice that the employer is not prepared to
the Woodleigh School with the below for more! periods for long service leave and teachers accept the validity of many claims which
employer producing a draft Enterprise returning from parental leave not being have been put by the union on behalf of
Agreement prior to listening to any At Shelford the Bargaining Reps have offered part-time work or job share. our growing membership at the school. In
staff or IEU input, claims or priorities. asked the school to improve its pay offer the general staff discussions, the employer
The school has involved Independent of two instalments of 1.5% and 1.3% per At Albury Wodonga Community accepted that the school was paying
Schools Victoria (ISV) in drafting a annum. The only other major outstanding Partnership, the employer has proposed teacher assistants less than government
document with significant proposed cuts issue is whether workload is to be covered changes to the existing EBA to the IEU and Catholic school rates but argued that
to employment conditions. This includes in the Agreement, as claimed by the IEU, because the school has expanded its the school was a better place to work
removing the existing right to request or in policy, as proposed by the school. operations into Tasmania and South at, and so employees should just accept
that parental leave be extended up to Australia. The IEU is in the process of inferior pay. In the teacher negotiations
five years, cutting the 50% staff tuition Bargaining at Plenty Valley discussing the proposed amendments to wages, redundancy and consultation
discount to 25% and the inclusion of a International Montessori School has coverage, structure, LSL and accident make remain major problems.
provision which would enable the school been on hold since Term 1 due to the up pay. At this stage, we have not been
to require a teacher in a position of
leadership to attend work during school
appointment of a new principal. Staff
agreed to wait until the incumbent had
able to reach agreement on most of
these key issues.
Private Providers
holidays – except for 5 weeks ‘annual a better grasp of school finances and and ELICOS
leave!’ Anticipating IEU claims, the operational matters. At Berry Street, we are in the process
school has increased the camp allowance of putting our pay claims and discussing At Impact, reps have asked the
by $10 per night and increased paid Over at Mentone Girls’ Grammar, the structure of staff at the schools. Other College to improve their pay offer and
parental leave from 12 weeks to 14 weeks. School has agreed to increase salaries matters raised relate to LSL and a few other minor items. The College
The school is so far refusing to provide a by 3% from 1 February 2020 in exchange OHS matters. rejected the overwhelming majority of
detailed marked up document – but other for the IEU agreeing to postpone staff and IEU claims and offered a wage
negative changes are evident - some commencement of bargaining until Term At Plenty Valley Christian College increase that sees teachers only 2%
reverting to bare legal minima 2, 2020 due to the appointment of a new negotiations have commenced on a new above the Modern Award.
and ‘model’ clauses. Principal, Nat Charles, ex Carey Grammar. EBA with the IEU looking to build on the
existing one, particularly in relation to English Language Teachers at
At East Preston Islamic College the first Bargaining has commenced at Lowther parental leave and general staff wages. EC English have voted to reject
enterprise bargaining meeting has taken Hall Anglican Grammar in Essendon management’s wages offer of only
place with bargaining reps representing
administration, teaching and learning
for the fifth Enterprise Agreement to
cover members at the school since 1995.
Tasmanian 1%! Members are demanding that the
financial information to justify a virtual
support at the table. An Early Learning Members aim to build on an already solid School Bargaining wages freeze be provided to IEU reps.
Centre opened at the start of 2019, and set of entitlements and hope to maintain EC English are a multinational company
canteen staff are now employed by good salary increases and introduce The IEU is at the table with Adventist that bought Embassy English and they
the school, so the goal is to include all formal consultation procedures. Schools in Tasmania progressing a first seem focussed on reducing wage costs to
these employees in the new Enterprise time EBA for teachers. The meetings extract more profit. If they won’t budge,
Agreement. The IEU Log of Claims for staff Likewise, at Korowa the IEU has have been positive and harmonious. The members’ next step is to consider a ballot
pay and conditions has been presented, finalised a claim which seeks to build current salary proposal by management for protected industrial action.
with parity in pay with Victorian on the existing EBA with a focus on is for 2% salary increases, but the IEU
government schools, and improvement to tackling workload as well as securing a is pushing the employer to match
paid and unpaid parental leave being the good wages outcome for teachers and Tasmanian government rates.
‘big ticket’ improvements sought. We now school assistants. The union expects
await the school’s response. to commence negotiations on an EBA At Eastside Lutheran School Hobart
covering maintenance and clerical and the IEU is at the table negotiating a first
At St John’s College Preston, in- administrative staff once the teachers’ time EBA to cover teachers and general
principle agreement has been reached to deal is finalised. staff. Good progress is being made and
sign a Memorandum of Understanding membership is steadily growing.
clarifying that General Staff are entitled At Toorak College the leadership has
to the same conditions and pay increases proposed delaying bargaining for a year.
Al Siraat impasse continues
T
he bargaining dispute at Al Siraat are not prepared to A first very successful been paid several thousand personal leave provisions and
Al Siraat College continues, sit around waiting for a industrial action took place in dollars below Award rates. no paid parental leave. The
and industrial action has document which we understand July, when teachers handed out At Victorian Joint Council College’s refusal to negotiate on
commenced as IEU members will contain: letters to parents explaining in August, IEU reps from over these crucial matters shows an
are left with no other option Wages over $13,000 behind the dispute. The response from 100 Victorian schools alarming lack of respect for our
given their employer’s ongoing parity for experienced the parental community has unanimously endorsed the profession. Council calls on Al
refusal to negotiate. After teachers been extraordinarily supportive, following resolution: Siraat College to immediately
rejecting almost everything on Barriers to automatic which is a huge testament to the ‘IEU Joint Council return to the bargaining table
the employee log of claims and progression up the salary scale sincerity of the message from congratulates members of the to constructively negotiate an
on two subsequent compromise Deeply inadequate personal teachers that for Al Siraat to be Al Siraat sub-branch for their Agreement which values the
proposals, the College informed leave provisions a great place for students to strength and determination in vital work of teachers.’
bargaining reps that a non-union No paid parental leave, learn, it also needs to be a great campaigning for fair conditions At the time of writing, further
‘Agreement’ would be drafted workload limits, consultation place to work. and salaries. Council condemns industrial and legal action is
for a vote. provisions, accident make-up There has also been increasing the College’s current proposal, planned unless the College
After several months we still pay, paid domestic violence media interest in the dispute, which contains salaries over agrees to return to negotiations.
haven’t seen any sign of this leave, arbitration rights… the particularly following revelations $13,000 behind the industry
document, but IEU members at list goes on! that some teaching staff had standard, critically inadequate
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