Enterprise bargaining:Tough going on key claims

Andrew Bonnell, UQ Branch President

Since the resumption of bargaining at the beginning of February, your UQ NTEU bargaining team (Liz Ridley, Dave Callaghan, Michael McNally and Andrew Bonnell) have been hard at work. Many claims and clauses have been up for discussion. We have made some improvements, notably to professional staff workloads, on which the clause now clarifies the responsibility of managers to prevent excessive work hours for staff. We have agreed to some changes sought by management where these do not reduce conditions or protections, and have knocked back some management proposals that we feel would have a detrimental effect on staff. But it is safe to say that semester 1 is closing with little progress on our substantive major claims. These include, among others:

Inside this issueEnterprise Bargaining 1

NTEUNationalTeachingConference-SomeReflections 2

NTEU-Represent! 3

FederalCourtreinstatesuniversityprofessor 3

UniCutsDumbCuts 4

NTEUatMayDay 5

NTEUatUQDiversityWeek 6

HandsoffBobCarnegie 7

MEWorkplaceBankingArrivesattheCo-op 7

NTEUUniversityofQldBranch

Branch President Andrew Bonnell

Branch OrganiserLachlan Hurse

Industrial OfficerMichael McNally

OfficeRm 412 Seddon Bld (82D) St Lucia Campus, Qld 4072

Phone .................... 07 3365 2538

Fax ......................... 07 3365 2949

Email ........... lhurse@nteu.org.au

Web ............www.nteu.org.au/uq

www.facebook.com/NTEU.UQ

Published by the National Tertiary Education Union, University of Queensland Branch. Authorised by Andrew Bonnell, President.

National Tertiary Education Union — UQ Branch

NEWS & VIEWS

• Academic staff workloads. NTEU is seeking an effective cap on teaching and teaching-related hours across the university (not limited to contact hours). Management has indicated that they are opposed to this.

• Professional staff career development: NTEU is seeking a package that will enhance professional staff career development opportunities, which could include a combination of earmarked staff development funding, better internal mobility and better rights to secondment opportunities.

• Academic workforce development: NTEU is seeking to start to reverse the trend towards casualisation by replacing some of the work done by casuals with new entry-level positions. (There was zero

growth in continuing teaching positions between 2008 and 2012, but casual FTE teaching positions went up 35% over this period.)

• Indigenous employment: NTEU is seeking a binding target by the end of agreement. Currently UQ is one of the worst performing universities in Australia when it comes to Indigenous employment rates: 0.5% FTE compared with an average 1% across the sector (including the other Brisbane metropolitan universities). Several years of “aspirational” targets have not improved UQ’s standing in this area, but management is resisting a more binding target, even one that would only bring us up to the current sector average in 2016.

continued on page 3

June 2013

Early in April, the NTEU held a National Teaching Conference at RMIT University, reportedly the first of its kind organised by the Union. The conference began with a thoughtful, sobering and optimistic Welcome to Country by local Aboriginal elder, Aunty Dot May. The two-day conference then explored a broad range of current themes that included: learning and teaching in the digital age, curriculum and assessment in a mass system, higher education teaching appointments and workload models, autonomy and accountability agendas, Indigenous education, as well as internationalisation of curriculum and higher education mission in the ‘Asian century.’ A panel of students put forward their views on what undergraduate, postgraduate coursework and research students want and need. As well, a Q&A chaired by The Australian newspaper’s higher education editor, Julie Hare, discussed massive open online courses (MOOCs).

One of the invited speakers, Raewyn Connell, discussed some consequences of a public policy shift to neoliberalism in higher education. She prefaced this discussion with a pithy video (http://www.youtube.com/watch?v=_A9219QQ20A) that she and her colleagues had prepared. The video was based on a letter Raewyn wrote to the Vice-Chancellor of the University of Sydney (www.raewynconnell.net) expressing concern about recent events at Sydney that demonstrated these neoliberal leanings.

In another presentation, Belinda Probert posed a question that warrants re-visiting: Has the creation of teaching-focused or teaching only appointments ultimately benefitted those appointed to them? Following from this question, we can ask whether these appointments increase or reduce flexibility. Belinda also wondered what benefits have been achieved that

could not have occurred within previously existing academic appointments. Given concerns about lack of flexibility in moving between differing types of appointment across a career, this seems a highly pertinent set of questions. Lynda Davies (from Griffith) discussed a related issue of blurring boundaries between academic and non-academic roles related to curriculum development and teaching.

Paul Turnbull (UQ) and Stuart Bunt (UWA) discussed the hollowness of much of the hype around current use of digital technologies for the purposes of teaching and learning in the higher education context, including in MOOCs. Their analyses confirmed that reality falls far short of the rhetoric.

Efforts to use some of the data that universities increasingly collect about students – referred to as ‘learning analytics’ – in ways that could potentially lead to benefits for student learning were outlined by Shirley Alexander (UTS). Notwithstanding potentially positive uses, many ethical issues are currently not being addressed in the increasing use of these data that are often collected and used without students’ knowledge.

In pointing to a failure to hold a referendum on changes to the Constitution that would recognise Aboriginal and Torres Strait Islander people, Terry Mason (UWS) challenged us to consider implications for education. He highlighted the centrality of relationship within Aboriginal society and argued that lack of readiness to go to

referendum indicates relationship shortcomings within the broader Australian society.

Andrew Bonnell (UQ) provided an historical perspective within which he discussed erosion of academic autonomy at the institutional level and efforts to maintain autonomy in teaching what we consider matters. He pointed out that this latter autonomy is also being eroded through curriculum ‘rationalisation,’ imposition of compliance and narrow performance assessment. Andrew expressed concern about the challenges that these increasing constraints and compliance regimes present for all academics, but especially early career academics.

While I have commented on only some of the presentations to give a flavour of the conference, a broad range of themes was discussed during the two-day conference. The format allowed some vigorous debate and discussion, including in the short breaks between scheduled sessions. The wide-ranging, timely themes that were raised and discussed were a strong feature of the conference. In these challenging times for higher education, locating negotiations on industrial and other workplace issues within an extended frame of reference seems essential to the effectiveness of these negotiations.

For more information about the conference including copies of papers and presentations visit the website:

www.nteu.org.au/ntc2013

NTEUNationalTeachingConference-SomeReflectionsGloria Dall'Alba, Associate Professor, School of Education

Page 2 NTEU UQ News and Views, June 2013

Know your rights

NTEU – Represent!Michael McNally, Industrial Officer

Clause 1.19 of the Enterprise Agreement provides the definition of a representative:

“Representative” can be another member of staff, a Union representative and/or, at the choice of the staff member(s) involved, a nominee of a party to this Agreement provided that the representative is not a currently practising solicitor or barrister. A staff member, should they so choose, may request a representative for any matter that affects them.

This provides significant rights to workers at UQ. If you are asked to attend a meeting about a disciplinary matter or about organisational change happening in your area, you can have a representative attend with you. What is more, the term ‘representative’ conveys rights to the representative: the right to question statements made by other parties; the right to provide you with advice; and the right to respond on your behalf (in other words the right to stick up for you!).

Taking a representative is something to consider in circumstances where you feel you may be under pressure because of the nature of the meeting (for example a meeting about your conduct) or where the formal processes of the Enterprise Agreement have been started. We encourage members to stick up for themselves wherever possible, and a lot do it admirably!

Meetings about your work and performance should be occurring regularly as part of your day to day activities, but if a formal meeting is called out of the blue you should know what it is about. If you don’t, then ask. No one likes an ambush and if you walk into a meeting and it is about serious or unexpected matters, then feel free to advise the person chairing the meeting that you were not aware of the nature of the meeting and you would like it rescheduled to a time when you can have a representative present, then leave. If there is someone from Human Resources attending the meeting, we recommend you do the same – reschedule at a time when a representative can be there.

Simply having another person present will often mean those involved behave better than they otherwise might, and it is always less intimidating when you are not on your own. If you need representation, contact the Branch in the first instance.

Finally, like any other right in the Enterprise Agreement, the right to a representative only works when members use it. If you agree to attend (or stay at) a meeting when you would rather have a representative with you, there is nothing we can do about it later. When things get serious, insist on a representative. It’s your right.

• Pay: management have not yet made a pay offer. NTEU is seeking a real increase for UQ staff and an improved pay rate compared with the Group of 8 average. While UQ staff are typically expected to be performing at the level of the top 3 or 5 ranked institutions in the country (not to mention the “top 100” in the world), academic pay is only 17th (for Level C.1) and professional staff is ranked 20th (for HEW 6.1) out of Australian universities.Elsewhere around the country, there are

agreements at three universities so far in this round, but there seems to be a nationwide employer strategy of bargaining at a relatively slow pace. The University of Sydney branch has made progress after taking industrial action, Victorian branches have recently taken industrial action ballots and these are under way at James Cook and Griffith Universities. Stay tuned for further EB reports in second semester.

EnterpriseBargaining:ToughGoingonKeyClaims

continued from page 1

FederalCourtreinstatesuniversityprofessorsackedinshamredundancyThe Federal Court has ordered the reinstatement of Professor Judith Bessant at RMIT University in Melbourne – a judgement that the National Tertiary Education Union (NTEU) welcomes as a warning to all employers not to use sham redundancies to get rid of staff where the real reasons would be prohibited by the Fair Work Act.

RMIT claimed to the Federal Court that Professor Bessant, a professor of youth studies and sociology, was redundant on

financial grounds but Justice Peter Gray found last Thursday (May 16) that her sacking in April last year was motivated by the fact that the professor had made complaints and lodged grievances about her workplace rights, including complaints of bullying.

NTEU Victorian Division Secretary, Dr Colin Long, said that the judgement provided a telling insight into the management culture of Australian universities.

Although this case involved RMIT, the approach taken by the university to getting rid of someone who is prepared to speak out will be all too familiar to university staff across Australia,” he said.

“The use of sham redundancies is unfair to thousands of academic and general staff who lose their jobs for no good reason.

Higher education is an expanding sector and already has one of the most ‘flexible’ workforces of any industry, with two-thirds of staff now on short term contracts.

“Despite this, university managements waste perhaps $50million each year making staff ‘redundant’ when they are not. The constant threat of these arbitrary ‘redundancies’ directly undermines academic freedom and the morale of those who remain,” he said.

“The Federal Court recognised that compensation could have been “significantly in excess of $1,000,000” but at all times Professor Bessant wanted reinstatement.

Justice Gray’s decision states, “By this judgement, she will be vindicated.”

Page 3NTEU UQ News and Views, June 2013

The proposed 2.3 billion dollar cuts to Higher Education Funding have prompted nationwide protests by University staff and students which also serve to flag a long-term campaign to change the approach to resourcing Higher Education.

28 April Emergency Rally

Staff and students responded immediately to the announcement with emergency rallies across the country. On 23 April 2013 a rally organised by the National Union of Students and endorsed by the NTEU was held in Raddacliff Place. THe Queensland Division President (and UQ Branch President) Andrew Bonnell addressed the rally along with a number of student representatives.

14 May National Day of Action

The NTEU organised a evening rally on 14 May again in Raddacliff Place. Chaired by Margaret Lee, Qld Division Secretary, NTEU, the assembled crowd of 300 staff and students heard a range of speakers condemning the cuts, including Amanda Richards, Assistant General Secretary, Qld Council of Unions, Jeannie Rea, National President NTEU, Alex Scott, General Secretary, Together, Adam Stone Greens Senate Candidate, Max Chanlder-Mather, Student representative and a riveting performance by slam poet Jo Sri.

www.dumbcuts.org.au

NATIONAL PROTESTTues 14 May, 2pm, Victoria State Library(Marching to Federation Square)

UNI CUTS DUMB CUTS

Page 4 NTEU UQ News and Views, June 2013

NTEUatMAYDAY2013Lachlan Hurse, UQ Branch Organiser

In spite of his best efforts, the Premier of Queensland, Campbell Newman, could not prevent unionists from celebrating their traditional Labour Day March on the first weekend in May.

Thousands of unionists marched in one of the largest shows of union solidarity for many years.

The NTEU had a strong contingent, generated in response to the Federal Government cuts to Higher Education funding.

NTEU Members from Brisbane campuses joined together, and led by a drumming troupe publicly demonstrated their commitment to the sector and the hard working staff that are the backbone of our universities.

The NTEU marched along with other Queensland unionists who were defending the public assets of Queensland, which the government has earmarked for privatisation.

The May Day tradition in Queensland dates back to the great shearers' strike, when a march was held on 1st May 1891 in Barcaldine. The first May Day march was held in Brisbane in 1893, and in 1901, after Federation the government recognised the first Monday in May as Labour Day.

Clearly it is not going to end soon.

Page 5NTEU UQ News and Views, June 2013

NTEU members at the University of Queensland contributed to Diversity Week at UQ with two special events.

"TeDoyUnaCancion"On 21 May, Sue Monk and Sol Rojas

organised “Te Doy Una Cancion”, a special concert paying tribute to the work of the Cuban troubadour, Silvio Rodríguez. The theme of Diversity Week was "The Art of Diversity", with concert organisers electing to feature the work of this prolific artist, whose work is recognised throughout the Spanish-speaking world for its evocative imagery and extended use of the Spanish language. Sue Monk said that Silvio's songs "offer a multifaceted and nuanced understanding of the relationship between the artist and society".

More than 150 staff and students attended the concert, including many Latin American students from a range of faculties and institutes. They were an appreciative audience to the performances by UQ staff and students as well as members of the Latin American community, showcasing the rich language and music of Silvio Rodríguez.

GenderStudiesintheWorldToday:CreativeInterventions

On 23 May Gender Studies convenor, Carole Ferrier organised veteran campaigner for women's rights, Merle Thornton, to present a talk "Gender Studies in the World Today: Creative Interventions". Following an introduction by Margaret Henderson, Merle provided an insight into the establishment of Women's and Gender Studies at UQ, and the breakthroughs in women's rights that developed in parallel. The presentation, given in the context of the cut to Gender Studies at UQ prompted Margaret Henderson to raise the prospect of the resurrection of the Gender Studies major, stronger than ever before.

NTEUatUQDiversityWeek(20-24May)

Gender Studies staff and students with Merle Thornton

Page 6 NTEU UQ News and Views, June 2013

Queensland rank and file trade unionist and community activist Bob Carnegie currently faces 18 charges of contempt of court arising from his leadership of a 9-week strike by 600 unionists at the Queensland Children’s Hospital site in South Brisbane from late July to early October 2012.

The proceedings against Bob Carnegie are a spiteful attempt to intimidate every community activist who may in future wish to assist workers in obtaining justice.

February 11, 2013 marked the start of legal proceedings that construction giant Abigroup have brought against Bob Carnegie. Bob originally faced 54 separate contempt of court charges and a civil case for damages. After three days in court, Bob was found not guilty of 34 charges, and two further charges were withdrawn. However, Bob still has 18 contempt of court charges hanging over his head. The magistrate has indicated that he will hand down his verdict in late May or early June and, if Bob is found guilty, sentencing will follow soon after.

Bob faces fines of hundreds of thousands of dollars, a civil damages case that could cost millions - and a possible prison sentence.

Abigroup are targeting Bob because they want to stamp out the community activism that Bob used to win the dispute at the Queensland Children’s Hospital (QCH). A win for this Lend Lease owned company will see a terrible legal precedent being set. Any organiser of future community protests would run the risk of massive fines, civil suits and possible prison sentences.

Bob has defended the interests of working people for decades. It’s time for the union and labour movement to now show Bob the same support and solidarity that he has shown to so many in the past.

Not just for Bob’s sake, but for the sake of every future community activist that may have to face the same legal intimidation that Bob is facing now.

For more information, check the website: http://bobcarnegiedefence.wordpress.com and “like” the Facebook page http://www.facebook.com/DefendBobCarnegie

HANDSOFFBOBCARNEGIE,QLDTRADEUNIONISTANDACTIVIST!

Tom Bramble, UQ Branch Committee member

Bob Carnegie entering court in February, receiving well-wishes of BLF members

MEBANKWORKPLACEBANKINGARRIVESATTHECO-OPWhen you’re busy working or studying, it’s hard to find time to talk to a banker about saving for your next holiday or home. That’s why ME Bank has launched Workplace Banking – a convenient banking service that comes to you.

Staff and students at Queensland University can now access Workplace Banking via the Co-op. Your dedicated Workplace Banking Manager – Angela Micheals will be at the Co-op Daily between 11am and 2pm.

ME Bank is a 100% Australian owned, APRA regulated Bank. Established by industry super funds - the same people who brought you low-cost, no-commission super. We were proudly built to provide a genuine banking alternative – a fairer way to bank.

ME Bank offers straight forward, transparent, low-cost banking products combined with real service.

If you’re planning a big purchase, such as a car or home, our free 10-minute Banking Health Check could help you find ways to save time and money – There is no obligation but it will leave you with more time to do the things you enjoy most.

So come along to meet Angela at the Co-op. Or you can contact her directly to make an appointment at a time and place convenient to you. Either by email angela.micheals@mebank.com.au or call her on 0427 611 942.

Page 7NTEU UQ News and Views, June 2013

Restore funding to our universities and students!On 13 April, the Minister for Tertiary Education, Dr Craig Emerson, announced $2.3 billion in funding cuts to the higher education sector.

These come on top of previous cuts to the sector in 2012 and 2011, totalling more than $4 billion over 4 years. The latest cuts comprise:

• $900 million in cuts to core funding for teaching and learning and equity.

• $1.2 billion saved by changing the Student Start-up Scholarship from grants to HECS type loans.

• $229 million by removing the 10 per cent discount for up-front HECS payments.

NTEU calls upon all those who oppose these

funding cuts to make their opposition known.

To make your voice heard and for more info

www.dumbcuts.org.au

Jeannie Rea, NTEU President

“The NTEU applauds increased government

investment in education and welcomes the school

education reforms. However, this should not come

at the cost of public investment in universities and

support for students.”

Angelo Gavrielatos, AEU President

“We don’t believe funding for universities should

be cut to make a contribution to cost of Gonski. The

provision of high quality education at all levels

should be a top priority for all governments.”

Prof. Peter Doherty, Nobel laureate

“We do need a lot more resources to go into the public

school system that educates disadvantaged and

migrant kids. But universities are the last thing you

should raid if you want to send a consistent message

on education.”

Margaret Castles, NTEU member

“On behalf of my colleagues and students and those

in the community that we help, I ask you to seriously

reconsider these cuts. A meaningful socially focussed

education is the most precious thing we can offer our

future, don’t keep paring away at this.”

UNI CUTS DUMB CUTS