The Point: March 2016 - Independent Education Union
Transcription
The Point: March 2016 - Independent Education Union
‘The high court decision does not over rule the argument for humane treatment of asylum seekers’. The IEU demand #letthemstay Catholic Agreement We’re working toward a claim for Victoria. Ready, Rep? Set. Go! Training for reps to learn, share and inspire your sub-branch. A teacher’s aide turned teacher and an educator of 30 years start at a new school. Page 3 Page 7 Page 17 Page 17 PRINT POST 100010937 VOLUME 6 NO 1 MARCH 2016 GENERAL SECRETARY DEBRA JAMES What a great start to 2016! O rganisers have been out and about in Catholic schools having conversations with members about their issues in readiness for framing our claim for the next round of bargaining in Catholic schools. Thousands of members have given us their feedback through an online survey about what is important to them in working towards a new Agreement. The opportunity to improve our wages and working conditions and make our schools better places in which to work and a better learning environment for our students only comes about every three to four years so it’s vital we don’t let the opportunity to make much needed changes pass without giving it our best shot. Members in Catholic schools are not holding back in telling us what they want. Sure, fair and decent wages which properly recognise their work tops the list, but very close behind are a raft of matters about workload and work intensification, better security of employment and more consultative and respectful work environments. What comes through strongly in their feedback is just how passionate and engaged members are about their work. Bargaining in the independent school sector is also off to a cracking start. So far this year, seven Agreements have already been approved. While the finalisation of these Agreements clearly comes from work commenced last year, we are also currently at the table in more than 25 schools – some of these for the first time. The IEU has also started the year with a major win in the Federal Court against the Australian International Academy over its misuse of fixed-term contracts and its hindrance of the union’s investigations. The decision will have farreaching effects. Too many of our members are on yearly contracts for no good reason and are often afraid to speak out about it for fear of not being offered another contract. A big thank-you to our legal team and to our hardworking staff for their commitment to seeing this through. With a huge year of bargaining and campaigning ahead of us we are asking all members to talk to their colleagues who are not yet members about joining the IEU. With increased numbers comes greater strength and capacity which means better outcomes for you, our members. So come on, ask a colleague ‘Are you with us?’ IEU Action Exposes Misuse of Fixed-Term The Federal Court has ruled that one of Melbourne’s biggest Islamic schools illegally altered school documents to try to avoid the union catching them employing too many staff on fixed-term contracts. T he ruling will have widespread implications for IEU members. It reinforces that staff cannot be kept on fixed-term contracts unless there are proper legal grounds for it. The Court found that the Australian International Academy of Education (formerly King Khalid College) illegally hired at least nine teachers on fixed-term contracts. The award only permits fixed-term employment to replace staff on leave and in other very limited circumstances. The decision will have very wide implications because most IEU members in Victoria and Tasmania are covered by union-negotiated Agreements that have the same or very similar restraints on fixed-term employment. The Award deals only with teachers, but most of the union’s Agreements cover support staff as well. The union has been engaged in a long-term struggle to achieve ongoing secure employment for teachers and school support staff. This Court judgement issues a clear warning to employers that there will be serious consequences for using fixed-term employment illegally. Union officials have reported employers using all manner of rationalisations for fixed-term employment. Some say, ‘I put graduate teachers on fixed-term and try them out for a year or two’. Others put integration aides on fixed-term because ‘their funding is tied to students with special needs’. Principals often tell us that teacher aides are fixed-term because ‘funding is annual and fluctuates’, or they say, ‘I can’t make him/her full-time – it would create a financial liability’. None of these reasons is permitted under either the Victorian or Tasmanian Catholic Agreements, nor under most other Agreements or the Teachers’ Award. The Federal Court’s judgement makes it clear that schools engaging people on a fixed-term contract must comply with the Award or Agreement – otherwise they are acting illegally and are exposed to severe penalties. The Court also found that Mr Salman (Director of the AIA), being aware that the union was coming to inspect records, instructed his assistant to change pages of fixed-termers’ contracts so it would appear that they had ongoing employment. The judge was critical of his evidence, variously using expressions like ‘quite unsatisfactory’, ‘unconvincing at best’ and ‘to describe this evidence as guesswork would be to flatter it’. The Court found that the school intentionally hindered and obstructed the union’s inspection by not providing the true documents, and by refusing access to computers to inspect the electronic records. Meanwhile, at the other extreme, the CECV IR Unit (on behalf of Catholic schools) has been working with the T: (03) 9254 1860 • F: (03) 9254 1865 • FreeCall: 1800 622 889 • E: info@ieuvictas.org.au • W: www.ieuvictas.org.au MELBOURNE OFFICE: 120 Clarendon Street, Southbank 3006 • HOBART OFFICE: 379 Elizabeth Street, Nth Hobart 7000 union to try to clean up inappropriate fixed-term employment in Catholic schools. The union has been extremely patient, preferring to fix these problems by co-operation. However, it is now more than two years since we agreed to participate in this project. While members at about a dozen schools have been moved onto ongoing contracts, members at hundreds of other schools are still waiting (if they haven’t given up and taken more secure work elsewhere). The union is set to take this issue up a notch across the whole non-government sector. If schools are misusing fixedterm employment they are exposed to prosecution. The time for gentle requests has passed and we expect schools to act promptly to clean up unlawful fixedterm employment. Members who are on fixed-term contracts and not sure why, should speak to their workplace rep. The AIA case will return to Court very soon when the Court will determine what orders and penalties it will issue against the AIA and Mr Salman. The Point is published by the Independent Education Union Victoria Tasmania. 2 THE POINT March 2016 Like, follow, tweet and share – IEU social media National Close the Gap day 2016 N ational Close the Gap Day is being held on Thursday 17 March 2016: Australia’s largest Aboriginal and Torres Strait Islander health campaign, and a great way for students to learn about national health equality issues. Plus it’s linked to the Australian Curriculum and a great way for teachers to tackle the crosscutting priority of Aboriginal and Torres Strait Islander histories and cultures. Last year, more than 92,000 students and teachers from 350 schools took part in National Close the Gap Day activities. In the past decade we’ve seen some significant improvements, including a big decline in infant mortality, improved access to vital health services for many people and declines in the rates of smoking by Aboriginal and Torres Strait Islander peoples. As educators, we must continue to work together to ensure Aboriginal and Torres Strait Islander health equality becomes a reality by 2030 – our students’ generation. Register now at www.oxfam.org. au/ctgschools to receive a free resource pack with Australian Curriculum aligned resources from Oxfam Australia. The resources are about empowering students to create and lead their own National Close the Gap Day events, while teaching them about the gap in health outcomes and how we can close it together. Schools like yours are critical to creating change, and so please join us on Thursday 17 March 2016 to make it the biggest national day of action yet. Register your class, year-level, or whole school now at www.oxfam.org.au/ctgschools For more info, please contact Oxfam Australia’s Schools Program Coordinator via schools@oxfam.org.au or (03) 9289 9390. Do you like the IEU and use Facebook, Twitter or LinkedIn? Do you use social media as part of your role or want to know how other staff use it in innovative and exciting ways? B ecome part of the education online community. Simply like, tweet, share or follow the IEU social media pages. We talk, comment and share for a living and social media is no different. Simply login to explore our online community. Widen your professional circle and engage with fellow members who share your interests. If you’re already connected with the IEU, please share our social media pages with your colleagues and friends. www.facebook.com/ieuvictas www.twitter.com/ieunews IEU social media is continually updated with news and events, PD dates, updates and industry insights. Social media is not just for young people, either! Staff of all ages are welcome to join us and get involved in the conversation. If you have ideas or suggestions for our pages, we’d love to hear from you. See you online! Congratulations Congratulations to the following members who have picked up gift cards as a reward for simply renewing their membership before the end of January. Winners are: Amanda Mitchell, Molly McKinnon from St Simon’s Rowville, Zoe Johnston at St Mary’s Inglewood, Sandra Baptist, Karen Learner from Sophia Mundi, Genevieve Dohrmann of St John Vianney’s Parkdale East, Vanessa Meehan at St Leonard’s College, Julie Sheehan at St Joseph’s Benalla, Geraldine Bellchambers from St Patrick’s Latrobe, Jacob Bevanda from Parade College, Danielle Middleton of Corpus Christi Bellerive, Georgina Graves at St Virgil’s College, Monica Pastor from Mt Scopus, Janet Koochew at Tintern Grammar, Steven Hubbard with St Matthew’s Fawkner North, Lisa Templeton from Lavalla, Michael Mulcahy at Loreto Mandeville Hall, Meredith Ryan of Sacred Heart Colac, Lamia al-Asaly at Islamic College of Melbourne, Jane Nettleton from Parade College, James Powell at Kardinia International College, Anthony Borghesi from Mount Carmel College, Navneet Rekhi at Monash College, and Jeremy Guzman from Marymede. Vale Suzy Small M embers at Life Education and IEU staff were very saddened by the death of Suzy Small on 3 December 2015 – at the young age of 53. Suzy had been our IEU rep at Life Education for 5 years and was passionate about a fair go for her colleagues and her WHAT’S IN THE POINT work in educating children about drugs, alcohol and respectful relationships. For 30 years Suzy gave of herself openly to students including several years teaching in overseas positions. Suzy had a wonderful sense of humour and loved her dog Coco – who even attended work conferences. Suzy chose to take her own life the day after sending the IEU a draft harassment complaint against her employer. Her draft claim details how Suzy felt that she had been bullied at work and how distressed she was about the direction of Life Education. We have provided detailed information to the Coroner’s investigation. We expect that the Coroner will make a finding as to whether the treatment Suzy was subjected to at work contributed to her death. We will also be referring some matters to WorkCover whose job it is to ensure that employers provide a healthy and safe workplace. The union, together with our great members, will continue to work to ensure that Suzy’s wonderful educational legacy includes making Life Education a safe workplace where teachers are respected and the values Life Education promotes to students are applied by management. We offer our deepest sympathy to Suzy’s family, her close friends and her wonderful colleagues. CONTACT US Behind the Whiteboard Snippets and AdvicePage 4 Unfair IEU win unfair dismissal casePage 5 IEU at VCAT A win for the public interestPage 5 Bargaining Roundup A review of the Independent SectorPage 6 Are you paying? Salary deductions for laptops ruled illegalPage 10 Rep Profile An interview with Pam Fox Page 11 OHS The dangers of asbestos Page 12 Career Corner A new column offering career advicePage 13 International Roundup A look around the worldPage 19 Trades Hall Young Workers Centre, We Are Union WomenPage 20 /IEUvictas @IEUnews EDITORIAL/ADVERTISING ENQUIRIES T: (03) 9254 1860 F: (03) 9254 1865 FreeCall: 1800 622 889 E: info@ieuvictas.org.au W: www.ieuvictas.org.au CONTRIBUTIONS & LETTERS from members are welcome and should be forwarded to: The Point PO Box 1320, South Melbourne 3205, or by email to: ThePoint@ieuvictas.org.au MELBOURNE OFFICE: 120 Clarendon Street, Southbank 3006 HOBART OFFICE: 379 Elizabeth Street, Nth Hobart 7000 The Point is published by the Independent Education Union Victoria Tasmania. IEU Victoria Tasmania EDITORIAL CONTENT: Responsibility for editorial comment is taken by D James, 120 Clarendon Street, Southbank 3006. Views expressed in articles reflect those of the author and are not necessarily union policy. COMMITTEE OF MANAGEMENT General Secretary: Debra James Deputy Secretary: Loretta Cotter President: Mark Williams Deputy President: Elisabeth Buckley Ordinary Members: Patrick Bennett Andrew Dunne Earl James Heather Macardy Andrew Wood School Officers: Christine Scott COUNCIL PRESIDENTS & DEPUTIES Catholic Primary Council President: Maree Shields Deputy: Rachael Evans Catholic Secondary Council President: Stephen Hobday Deputy: Ruth Pendavingh Independent Council President: Cara Maxworthy Deputy: Coralie Taranto Tasmanian Council President: John Waldock Deputy: Paul Mannion Principals’ Council President: John Connors Deputy: Greg Lane 3 March 2016 THE POINT #LetThemStay The IEU has consistently expressed its opposition to the treatment of asylum seekers by Australian governments and has previously condemned both the current government and opposition for failing to develop policy that is fair and respectful of their human rights. At the 19 February meeting of the Committee of Management, the following resolution was passed: That this meeting: ›› condemns the federal government and opposition for their lack of compassionate action in the matter of the asylum seekers ›› calls upon the federal government to comply with the Convention of the Rights of the Child where children who are asylum seekers and unaccompanied minors are entitled to have their welfare and human rights protected and their right to an education upheld ›› calls upon the federal government not to return the 267 vulnerable men, women and children to the detention camps of Nauru and Manus Island ›› commends the various Church and State Government leaders who have shown leadership and compassion in offering sanctuary to those seeking protection ›› calls upon federal opposition leader, Bill Shorten, to show leadership and stand up for those who flee their country and seek protection from persecution. IEU Victoria Tasmania Committee of Management members at the February Meeting IEU Members Take Action IEU members are asked to contact the Prime Minister’s Office and their local MP and request that the 267 asylum seekers not be returned to the offshore detention camps of Manus Island and Nauru. IEU members can contact the Prime Minister’s Office at: https://www.pm.gov.au/contact-your-pm and locate their local MP at: http://www.abc.net.au/tv/qanda/find-your-local-mp.htm We must Stand Up and Act DEPUTY SECRETARY LORETTA COTTER I n February 2015, the Human Rights Commission Report, ‘The Forgotten Children’ was released, detailing serious violations of the rights of children in Australian Detention Centres and the physical and psychological damage experienced as a result of this detention. The report makes clear that long-term detention of children causes mental illness, trauma and harm which will affect them for their entire lives. There are currently 267 asylum seekers in Australia who Prime Minister Turnbull may send back to offshore detention camps on Manus Island and Nauru. Among the 267 people are 37 babies born in Australia and children attending Australian local primary schools. The federal government’s response to this report has been appalling. Rather than address these critical issues and take steps to bring safety to these children, the government attacked the motives of the Human Rights Commission. A further report, the independent Moss Report released in March 2015, revealed reports of rape within the Nauru centre, and numerous ‘reported and unreported allegations of sexual and other physical assault’ of both children and adults. Among the 267 asylum seekers are women who have been victims of sexual abuse on Nauru. Former psychiatrists and social workers who worked on Nauru have since released an open letter stating that the Australian Government was aware of cases of sexual assault against women and children for 17 months but failed to act. While the recent High Court decision has ruled that the federal government has the constitutional right to build, fund, and run offshore detention camps in foreign countries, this does not overrule the moral argument for humane treatment of those who seek protection from persecution. Across Australia, state government Premiers, Church leaders, community and union leaders are joining together to express their support for protection of asylum seekers. In the moral policy vacuum currently occupied by both sides of politics, it has been inspiring to witness the courage of medical staff and community and union activists in Queensland banding together for Baby Asha. The federal government, however, is still determined to send her and others back to detention. As unionists and educators we must continue to stand up and act when we see injustice. Let them stay. 4 THE POINT March 2016 The end of 2015 was a blur, the holiday period now a distant memory, and the start of 2016 a mini-season of imperatives and goal-setting. BTW’s advice, especially to those new to the caper, is to ‘chill’, work hard when you need to, and relax even more when you don’t, your clients will appreciate it. And don’t forget to ask those around you when in doubt about any workplace issue -including the helpful staff at the IEU office. IN THE GUN It is not uncommon for school leaders to reach a conclusion that one or more of their staff is surplus to needs. This can happen towards the end of the school year, when trimming needs to be done, or when the boss decides it may be time to move someone on. Where there are performance concerns, the school’s Enterprise Agreement, should it have one, will have Performance and Conduct clauses that outline process. Members in this situation should never go down the path of meeting and proceeding without the advice and representation of an IEU Organiser. In term 4 last year, a member at a regional independent school found that the principal was not happy with his marking technique. A few questions, and non-confrontational meeting, some advice, might have helped, but instead, the principal went for the jugular. Not unlike the behaviour of some in last night’s edition of ‘Vikings’. Allegations were raised, the member was stood down, and an investigation ensued. It became clear very early on that the principal’s motivation and actions were disproportionate to the alleged misdemeanours. This had a very negative effect on the wellbeing of the member, given the length of the stand down and period of ill health. The member was eventually exonerated, and has returned to his position. The scenario demonstrated vital ingredients for getting through such an unreasonable process – the strength and courage of the member, the support of a strong sub-branch, and the representation and advice of an IEU Organiser. Not unlike the Viking village. MISSED OPPORTUNITY Late last year a member was notified that due to falling enrolments he was being given the option of a reduced time fraction or a redundancy. The member had been on staff for twenty years or so and the lump sum termination payment was significant. However, he felt he still had plenty to give for the next few years, was not quite ready to give up the marker pens for good, and was therefore keen to negotiate the proposed time fraction. Despite being a long-time member, he didn’t seek advice from the IEU Rep or Organiser at this stage. In responding to the school’s final offer he inadvertently used the wrong terminology, resigning rather than accepting the redundancy, and subsequently had to forego a substantial portion of his entitlements. ALWAYS PAYS TO CHECK A member returning from parental leave thought to check her letter advising what she thought was a temporary variation to her existing contract, allowing her to work part-time for the first year. What she sent through to the IEU was in fact a new contract, commuting her full-time ongoing position to a fixed-term part-time one! A reasonably succinct email to the school pointing out this subtle but devastating difference was all it took for the ‘oversight’ to be rectified. Definitely a case of ‘if in doubt…’. THE PERFECT VISIT IEU Organisers are out and about visiting workplaces in a big way this term. Bargaining year in the Victorian Catholic sector, independent schools seeking advice on Agreements, member services and recruitment. Busy times. Organisers never arrive at a school unannounced – there will always be contact with the rep and/or principal beforehand, and commonly a faxed or emailed notice of visit. Remember faxes?? What is particularly encouraging for Organisers and members alike is when a warm welcome is extended, often a morning tea and a feeling of collective goodwill. We have a number of reports of some principals encouraging staff to join the union, either informally or at the beginning of year staff briefings. They laud the work of the union. Some principals actually go out to do yard duty over and above their busy schedules to allow staff to attend union meetings. We commend this practice, and thank these leaders for their proactivity. TOOLS OF THE TRADE On the back of the landmark decision for the Victorian Government to reimburse all teachers who had been obliged to pay for their own laptop, the union has been inundated with enquiries from staff in other schools regarding various schemes. One of the most eyebrow-raising examples is that of a media teacher in an Eastern suburbs independent school who was obliged to purchase her own laptop for use in class. To add insult to injury, when it was knocked off the desk by a student during a class, causing the screen to crack, the school refused to cover the cost of repair, claiming that their insurance would not cover it. BTW is currently ‘in negotiations’ with the business manager to recover the teacher’s out of pocket expenses. More on the significance of this decision for our sector on page 10. A BIT CROOK BTW encourages members to check their personal leave entitlements at the commencement of any school year. Being paid the right amount at the right level is something we should always monitor. Likewise, your accruals to personal leave, and entitlements ‘up front’ with a new employer should be something you are clear on. The Victorian Catholic MEA has a detailed Clause 30 on Personal Leave, and agreed procedures between the Catholic employers and the union on how leave is to be taken and deducted, particularly in relation to teachers’ calculations. In independent schools, those with Agreements will provide detail on entitlements. Those without, rely on the relevant Award, the Fair Work Act and the National Employment Standards. Organisers are available to take members through this information. In the meantime, BTW wishes you well for the year, encourages feedback from you, and poses the question: ‘Are you with us?’ If not, ‘Get off the bus, Gus’. Pay the price, no freeloaders here. BTW is always on the lookout for snippets of information from schools for this column. If you think you have something worthy of reporting, email your information to btw@ieuvictas.org.au Anonymity is guaranteed! Marcellin College Learning Support Officers secure ongoing employment! A dozen Marcellin Learning Support Officers (LSOs), some of whom have been employed for more than six years on fixed-term contracts, had a significant win at the end of 2015 when they were all granted ongoing employment. T he IEU met with College leadership in June after hearing all LSOs detail what impact their lack of tenure had on their professional, social and emotional wellbeing. The College agreed to investigate the matter and in October finally proposed a 50-50 model whereby 50% of each LSOs load would be ongoing, with the other 50% remaining fixed-term. Various members of the subbranch expressed their concern at this proposal and questioned whether there was any provision in the current Agreement for such a hybrid model. The school eventually consented to grant every LSO ongoing status. Thanks to the persistence of the sub-branch and a majority of LSOs who are IEU members. This is a great example of what sub-branches and members can achieve through a unified voice in support of colleagues. Outgoing Rep Nick Cowall hands over duties to new Rep John Diano 5 March 2016 THE POINT Unjust. Unreasonable. Unfair. Teacher wins dismissal case at the FWC The IEU has won an unfair dismissal case at the Fair Work Commission for a teacher who had worked for 14 years at the Hutchins School Hobart. T he FWC ruled in favour of the teacher, stating ‘there was no valid reason for the dismissal and that the dismissal was harsh and disproportionate, unjust and unreasonable and therefore unfair’. Mrs Anders began as a mathematics teacher and Assistant Director of Studies in 2001. The Commission heard the role expanded to include administrative and technical duties, and sometime later Mrs Anders informed the school of trouble coping with the demands of the role and was later diagnosed with anxiety and depression. While on leave, the school advised Mrs Anders she would not return to her role, with a corresponding reduction of salary due to her health. Unwilling to accept this change, Mrs Anders was eventually dismissed. Mrs Anders spoke with The Point about her experience and how her supporters provided the confidence to take action and stand up for her rights. How did you feel about the idea of taking action and standing up for your rights? ‘Despite the mixed feelings in the process (of the unfair dismissal), the willingness to continue was grounded in what I believed to be the right thing to do, from both a personal and broader social perspective. How many of us as teachers or parents have been advocates of standing for what you believe in; against that which you believe is innately wrong or that which disadvantages others? We can hear that message in the push against bullying that occurs in all schools as an example. One of our children said it so well in a family conference at a crossroad of deciding how to proceed. ‘If you don’t fight, Mum, they can do it to someone else.’ It’s a simple message. How did it drive your resolve? ‘On a broad social perspective, taking action was grounded in sending a message that it is not appropriate to treat any person in the way that I was treated. The decision that I was unfairly dismissed clearly sends that message. However, in a changing social climate of the promotion of empathy and understanding towards mental health issues and the realistic practicalities of their implementation through the wonderful work of Beyondblue, Heads Up and events such as R U OK?, as examples, this message is even more pertinent given my anxiety and depression at that time.’ What would you tell other teachers who find themselves in a situation like the one you were in? ‘It must be acknowledged that if I was not a member of the IEU with their wonderful support and resources, there would certainly be a different story today. The reality is that without union membership I would not have had the resources to effectively stand against what I believed was wrong. In the realisation that we don’t know what life brings, membership of the union is well worth your own personal resources to have someone to advise and support you and your family when things go wrong. However, union membership is also about having someone with your interests and rights foremost in their minds who will work together with your employer to prevent such issues.’ ‘...if I was not a member of the IEU with their wonderful support and resources, there would certainly be a different story today. ‘ Win at VCAT – in the public interest The IEU recently supported a graduate in her quest to gain registration as a teacher with the Victorian Institute of Teaching. Our member completed her degree in 2014 and had glowing reports from her placement schools and referees. She was offered teaching positions in Victoria. V IT refused our member’s application for registration because of disclosure of a serious criminal conviction. As a result of the conviction, the applicant spent time in prison. Our member had advised VIT of her conviction prior to commencing study to become a teacher. She was advised that each case was considered on its merits and that there was no reason not to proceed with her study. VIT initially advised that it intended to refuse registration on the basis that ‘the applicant’ was not a fit and proper person because of her conviction. The applicant was given the opportunity to provide further information in support of her application. She provided more than a dozen additional personal and professional references addressing the attributes she brought to teaching and the significant work she had done to rehabilitate herself after being released from prison. The references universally provided very strong support for the applicant to be registered. In addition, the applicant obtained medical evidence that stated she had insight into what had occurred in her past and that there was no prospect of her reoffending. The Tribunal decided, after considering the evidence and law, that the applicant would be a great asset as a teacher... Despite the wealth of material in support of the applicant, VIT determined to refuse registration. It accepted that the applicant was fit to be registered, but considered it would be contrary to the public interest to allow her to be registered. As a new applicant for registration, the only way to seek review of this decision, was to appeal the decision at the Victorian Civil and Administrative Appeals Tribunal. The IEU represented the member at the hearing; VIT engaged a Queen’s Counsel to run their case. The Tribunal considered the evidence and the case law which provides guidelines to assess whether a professional should be permitted to practise. The Tribunal considered the applicant’s remorse and insight into her offending, her honesty, the risk of her re-offending and the material provided to support that she would make a valuable contribution as a teacher. Evidence provided from one of the schools where she did a placement was particularly helpful. The Tribunal decided, after considering the evidence and law, that the applicant would be a great asset as a teacher and in fact it would be contrary to the public interest to deprive the people of her community of the opportunity for their children to be taught by the applicant. The Tribunal accepted that her rehabilitation had been successful. Our member is now able to be registered to teach and to pursue her goal of becoming a teacher. 6 THE POINT March 2016 BARGAINING ROUNDUP Off to a Flying Start Last year’s bargaining efforts helped the IEU get off to a good start to the year with 7 new Agreements approved already. A greements for all staff were approved at Eltham College, Toorak College and Aitken College. Teachers have a new Agreement at Geelong Grammar, St Catherine’s School and Embassy CES Language Centre. For staff at Aitken College, some of the improvements gained in bargaining included providing for 14 weeks of paid parental leave at the time the leave is taken rather than holding part of the payment back until the return to work, improved redundancy payments, limits on scheduled class time for secondary and primary teachers and education support staff bands being aligned to ensure at least parity with government salaries. After the summer break, bargaining is resuming at lots of schools. At Mentone Grammar, the calculation of part-time specialist teachers’ hours teaching across the primary and secondary schools has been an issue discussed in ongoing negotiations. The claim for including domestic violence leave in the Agreement has been rejected, but the school has proposed to draft a policy for consideration. Xavier College, is nearing the conclusion of negotiations. The remaining matters being discussed are the salary increase and consideration of the school’s proposal to abolish the staff fee discount. At Kingswood College bargaining has progressed well with parttime teachers’ entitlements being the outstanding issue. The parties are optimistic about resolving these concerns satisfactorily in the next round of meetings. Bargaining has almost concluded at Goulburn Valley Grammar. A claim is in the process of being developed at Cobram Grammar and Cathedral College, where the IEU will bargain with the Anglican Schools Commission of Western Australia for an Agreement which will cover all staff at both schools. At Korowa Anglican Girls’ School, staff expect to serve a log of claims on the employer in the coming weeks and the claim is being developed at Strathcona Baptist Girls’ Grammar. Preparation to commence bargaining for a first time Agreement is underway at St John’s College Preston. Members are in the process of completing a survey to identify what issues and conditions are important for inclusion in an Agreement. Bargaining continues at: ■■ ■■ Bacchus Marsh Grammar Ballarat Grammar ■■ Freshwater Creek ■■ Girton Grammar T he Launceston Church Grammar General Staff Agreement was approved at Fair Work in January. The Agreement has some impressive new benefits. Highlights include 12 weeks paid parental leave in addition to any benefit payable under the government scheme. The paid parental leave will count as service for the purpose of accruing leave. Paid partner leave increased from three days to five. Access to long service leave was also significantly improved. Staff can now take pro-rata long service leave after 8 years of service and will be paid out accrued long service leave after 7 years on termination of employment. Exceptional Circumstances leave was introduced in this Agreement, providing up to 5 days per annum to attend to urgent or pressing personal matters where no other form of leave is applicable. Such things might include domestic violence leave, family breakdown or infectious diseases leave. Everyone involved in this Agreement worked well together to produce a great outcome. At The Friends’ School, the parties are working to finalise a draft to put to teaching staff. The outstanding issue centres around teacher attendance time. Newhaven College ■■ Overnewton College ■■ ■■ At St Michael’s Collegiate, the general staff Agreement negotiations have progressed well and a draft has been circulated to bargaining reps for comment. The remaining outstanding issue relates to the inclusion in the Agreement of a commitment to conduct a classification and salary review for general staff. Employees are seeking comparable wages to their counterparts in state and Catholic schools in Tasmania. Negotiations for the Hutchins teachers’ Agreement are well underway with staff bargaining reps and the IEU trying to find ways to deal with increasing workload pressure. At Scotch Oakburn College, bargaining meetings have Ballarat and Clarendon College ■■ ■■ Tasmanian Bargaining There’s been lots of bargaining activity in Tasmanian independent schools. ■■ Ballarat Christian College ■■ Will commence soon at: Plenty Valley International Montessori School Southern Cross Grammar St Mary’s Coptic Orthodox College resumed this year and are progressing well with all parties intent on finalising an Agreement to put to the vote as soon as possible. At Tarremah Steiner School, negotiations have concluded and it is anticipated the Agreement will be put out to teachers for voting in the next few weeks. Teachers at Leighland Christian School will also be voting soon. The IEU has recently met with representatives of Christian Schools Tasmania in anticipation of starting bargaining early in term two. The Agreements will cover teachers and general staff at Calvin Christian School, Channel Christian School, Emmanuel Christian School and Northern Christian School. CRTs and employment conditions If you are a casual relieving teacher in the independent sector, there are multiple sources of workplace rights and conditions which may be applicable to you and they may apply in a combination of ways. Here are some key things to look for when you take up a CRT engagement. F irstly, CRT rates of pay have a loading added in lieu of receiving paid leave, such as annual and personal leave and in lieu of notice and redundancy pay. The loading does not exclude you from all entitlements. For example, a number of the National Employment Standards are applicable to casuals, including maximum hours of 38 per week, unpaid carer’s leave, and compassionate leave and long service leave entitlements for eligible casuals. The Educational Services (Teachers) Award 2010 is applicable to casual teachers. It provides minimum entitlements for CRTs. If the school you are engaged in doesn’t include casuals in its Agreement, or doesn’t have an Agreement, then the Award is the relevant industrial instrument. The Award sets a minimum engagement of a half day for teachers in schools and a quarter day for ELC teachers. It also provides for recognition of service and that 200 days will be the equivalent of a year of service. The Award provides that salary is calculated by adding 25% to the relevant salary point, with a proviso that engagements of less than 5 days will be capped at level 8 on the scale. The Award method of calculating salary is often adopted by schools. The alternative is that the school has a set rate for CRTs. This is sometimes included in the school’s Enterprise Agreement. Make a note to check if there is a set rate applicable, or whether the Award method of calculation is being used. Sometimes, a school will apply the Award method but use its own teacher pay scale – certainly the best option, given Agreement rates are higher than the Award. Where CRTs are included in an Agreement, it will generally specify which terms of the Agreement apply to CRTs and which don’t. Typically, leave conditions, notice of termination and redundancy will be excluded. However, the Agreement may set out a minimum engagement period and limits on the use of CRTs, for example, if your engagement is for more than a term, it may be that you should be engaged on a fixed-term basis rather than casual. The Agreement will also provide for other generally applicable conditions such as hours of work, meal breaks and dispute resolution. Rather than being engaged directly by a school, you may be working through an agency, in which case, your contract with the agency will also be very important. Note, however, that agencies are also bound by the Award and cannot undercut Award rates. If engaged through an agency, you may be required to pay a commission for each engagement and some contracts will contain restrictions on working for other agencies or accepting work directly from schools. At any school, there may also be policies and practices that are relevant to CRTs and their engagement at a school. As you can see, employment conditions for CRTs are complex and involve a range of considerations. The IEU can provide you with advice as to how to ensure you are informed about your entitlements and most importantly, receiving all of the conditions applicable to your work. 7 March 2016 THE POINT What we achieved last time VICTORIAN CATHOLIC CLAIM In the last round of bargaining in Catholic schools, after a long and vigorous campaign, we won some great improvements. Here are just some of the outcomes we achieved in the 2013-16 Agreement. Back pay and bonus payments Emergency Teachers ■■ ■■ ■■ ■■ Significant pay rises were achieved and were back-dated A $1,000 bonus payment was paid (prorata for part-time staff). The employers’ proposal to remove automatic progression through the salary scale for teachers was defeated Teachers ■■ ■■ ■■ ■■ Same wage increases as teachers in government schools, with net benefits ranging from 12.99% to 16.88% Scheduled class time in primary schools reduced to 22.5 hours per week Extras in secondary schools reduced from 18 to 14 hours Employers are required to consult with part-time teachers about arrangements for attendance at parent teacher interviews. Education Support Staff ■■ ■■ Minimum salary increases between 12.11% to 15.97% over the life of the Agreement New 5 level classification structure with better access to progression up the scale. School Services Officers ■■ ■■ Minimum salary increases between 13% to 14.83% over the life of the Agreement New 4 level classification structure with better access to reclassification and higher rates. ■■ ■■ ■■ ■■ Salary increases between 13.46% to 18.86% over the life of the Agreement The two bottom levels were combined, increasing the lowest starting salary for a Principal in a small school by more than 20% The employer’s claim to remove salary maintenance and salary compensation was defeated. Deputy Principals ■■ ■■ Salary increases between 12.42% to 16.15% over the life of the Agreement Scales were made fairer by smoothing out the incremental Progression. Higher rates, parity with ETs in government schools Superannuation paid for every day worked Minimum period of engagement increased from 2 to 3 hours. POLs ■■ Increased allowances, with a total net benefit of 13.5%. CEO Staff ■■ ■■ Salary increases between 11.84% to 14.62% over the life of the Agreement New classification structures for clerical staff, speech pathologists and psychologists. Fixed-term Employees ■■ ■■ ■■ Employees not offered subsequent contracts must now be given 7 weeks’ notice in term time or payment in lieu Must be given written notice of vacancies and guaranteed interviews for positions All service as a fixed-term employee will be counted as service and contracts cannot be set to avoid payment of wages eg. payment for holidays. Variation of part-time employees’ hours ■■ ■■ Primary Principals ■■ Thousands of members in Catholic workplaces have participated in the survey of their priorities and issues, and extensive work is now underway to develop union members’ claims for the next Agreement. Significant reductions in part-time hours will entitle employees to elect to take redundancy payment Significantly improved clause for all part-time employees facing changes to their hours. Leave ■■ ■■ ■■ ■■ 14 week parental leave payment becomes 14 weeks’ paid leave which counts as service and improvements to fixed-term employees’ access to payment Employers’ claim to remove Long service leave from the Agreement was defeated No limits on the amount of personal leave that can be taken as Carers’ Leave 3 days paid community service leave available for the first time. Performance Pay ■■ Successfully resisted the introduction of performance pay. Claim timeline 2016 T he draft claim will then be sent to all sub-branches for their endorsement or amendments before the end of term 1. Amendments will be compiled, and the revised claim will be sent to subbranches again for their consideration. The May Council meetings of reps will vote to formally ratify it and then it will be served on employers. What is happening in the government sector? The IEU has historically claimed (and achieved) parity of teachers’ wages with government schools. Younger members may not remember that there was a time when we had to take industrial action to achieve the same increases, on the same operative date, as our counterparts in government schools. Similarly, although there are differences in conditions between the sectors, for example in how class sizes are regulated, our aim every Agreement is to identify and close any gaps, particularly in relation to workload. What is in the AEU claim? The AEU claim seeks a range of improvements for all classifications of employee – principal, deputy principal, teacher, and education support. Some key claims relevant to our own consideration are: ■■ 9 steps in the Teacher classification structure (currently 11) ■■ A ‘highly accomplished’ teacher classification ■■ Reduced SCT for both primary and secondary teachers to 18 hours ■■ Inclusion of supervised lunch eating in SCT for primary teachers ■■ Inclusion of more matters in Consultative Committees and more union representation ■■ More regulation of meetings ■■ Class size limits of 20 and limits for practical classes and special schools ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■ A 45 minute limit on scheduled student supervision Payment for student teacher supervision A paid 30 minute lunch break for education support staff One teacher aide to be employed for every 5 EFT teachers Stronger restraints around all forms of fixed-term employment Guaranteed professional leave for principals of 6 weeks per annum and allowances for new principals Consultation with principals over major system and workplace changes Every principal to have an executive assistant to support them A number of improvements to allowances and leave provisions 7% wages increases a year for three years, and a requirement that the Agreement be funded at the actual cost of provision at each school. Many of the IEU items in the claim will seek parity or comparability with like conditions in government schools, but a key focus will also be to articulate the priorities identified by our members. The draft claim will be in schools for discussion and feedback by the end of term. Survey Results A big thank-you to the over three thousand members wh o participated in the recent online survey. We are examining the respon ses and will develop a claim bas ed on the issues that you have told us are important to you. You hav e given us plenty to work wit h, so thank-you for your input! Mid-February to early March Mid-March Late March to late April Late April Early to mid May 21 May Late May Early June Survey of members (Completed) Drafting of Claim Claim in schools for sub-branch consideration, endorsement and amendments redrafting of Claim including suggestions from sub-branches Revised claim in schools to consider amendments Councils meet to endorse Claim Claim served Negotiations commence 8 THE POINT March 2016 Monash College – Industrial Action Looms The Monash University Foundation Year program is delivered by Monash College and now employs over sixty teachers, many of whom are members. T he IEU has been bargaining for a year now and has reached a stalemate with the College over several issues. Management are insisting on 210 days a year attendance including two public holidays. No schools in Victoria have more than 205 days and most are around 190 days attendance. An improved structure has been proposed for positions of leadership – but there is no guarantee these positions will be filled. We have had great difficulty negotiating these claims despite them not affecting the number of actual teaching days currently expected of staff or student learning. Members have decided to take a stand on these fundamental employment issues and have voted overwhelmingly YES in a ballot to approve industrial action. In a parallel dispute, Monash College has begun employing all new teachers on fixedterm contracts ignoring clear limitations on the use of fixed-term employment in Calling all Education Support Staff on Level 3-6 Are you an Education Support employee in a Victorian Catholic school? If you were previously classified as a Level 5 employee (previous Agreement) who is currently sitting at the maximum Level 3 subdivision 6 (new classification structure) – it’s time to fill out your Request for Salary Progression to enable you to continue to progress up the incremental scale. C urrent ES Level 3-6 employees do not automatically increment to the next salary step on 1 May unless they have made a Request for Progression. This is because those on Level Progression beyond the Maximum 3-6 have reached the maximum level for those who translated over to Level 3 from old Level 5. As at 1 May this year the full time rate for ES Level 3 who progress past the maximum is as follows: Category A Category B Category C Salary level 30 April 2016 (F/time) $63997 $59074 $61536 Salary level 1 May 2016 (F/time) $66500 $61385 $63942 Background One of the very important improvements in pay and conditions for Education Support staff that were won in the negotiation of the Victorian Catholic Education Agreement was a better classification and pay structure. A key aspect is the access to higher pay points for ES employees who were previously classified as a School Officer Level 5 under the old Agreement. Under the new Agreement, previous Level 5 and 6 School Officers were both transferred to the new Level 3. The previous Level 5 School Officers progress through the new Level 3 until they reach the maximum level which is currently Level 3-6. Previous Level 6 School Officers were transferred to the step after the maximum and progress annually to the top level 3 Step. Newly appointed Level 3 ES start at the step after the maximum and progress annually. Over the last couple of years under the new Agreement, many Level 3 ES at the maximum have made their request and are now progressing annually to the top of the new Level 3. Some ES who were eligible, for whatever reason, did not make their request. The IEU is encouraging everyone currently at Level 3-6 to submit the Request Form this year. What do ES Level 3-6 need to do to progress? If you have been at Level 3-6 for at least 6 months between the dates of 1 May 2015 and 30 April 2016 you are eligible to request progression. If you have not had 6 months by that date, you will need to apply next year to progress beyond the maximum. The proposed timeline Your principal should notify all eligible ES 3-6 and give them a copy of the Request for Progression Form by 11 March 2016. There is a specific request form for each occupational group, for example, Curriculum Resources (Library) or Student Support, etc. It is advisable for ES Level 3-6 to complete the form and submit it to their principal by 15 April (the last day of the first week of Term 2). Please note, however, that all requests received before 1 May must be considered by the principal for this year’s progression. Those who have put in a Request for Progression should be advised of the outcome in writing. Criteria To be eligible to progress, ES 3 -6 will need to outline on the Request Form the details of how they meet the Qualifications and Experience criteria in clause 1.3 Appendix 6 of the Agreement. This is not an onerous task and should be fairly straight forward. It is not required that you have a particular qualification, but that the duties you do are at the skill level which one would generally acquire through the relevant qualifications or years of experience or a combination of both. The typical duties performed at Level 3 will be listed and you will be asked to outline your duties, which may be identical or may be equivalent in skill and knowledge, etc. IEU advice and assistance The union encourages all its members at ES 3-6 to make a Request to Progress if you have had the 6 months experience as explained above. You can contact your IEU Organiser at the IEU Office for advice. the current Agreement. The College has cited the need for ‘flexibility’ in case of a downturn and the variability of enrolments in the sector. These are not valid reasons in the current Agreement and have the effect of teachers losing their rights to job security, and the employer avoiding its obligations to fair redundancy procedures and severance payments. The IEU is taking the matter to the Fair Work Commission. Classification negotiations update Tasmanian Catholic School Support Staff T he IEU is continuing to meet with the TCEO to negotiate a new classification structure for School Support Staff. We are working through the current classifications of staff, job descriptions for current staff in each of the various occupational groups of ‘School Support Staff’ across Catholic schools, and looking at anomalies and differences within the Catholic school sector and between other relevant sectors. We hope that by term two we will be in a position to consult IEU members on an emerging structure, with the aim of negotiations being finalised by July this year. As reported in the last edition of The Point, the IEU surveyed members last year, and has also now undertaken extensive research comparing the School Support Staff classification structures and wages in the Tasmanian Department, and also the Victorian Catholic Schools Agreement. There are a number of differences with the ways similar staff are classified and remunerated in the different sectors. The TCEO is currently gathering detailed data from schools on the current classification of all School Support Staff to build a comprehensive picture of the current state of play. As IEU members will be aware, the current classification of School Support Staff in Catholic schools is a complex picture. There are a number of different occupational groupings that need to be covered by the new structure(s) in the Agreement, including Teacher Assistants, Teaching Support Staff (laboratory, library, ICT), Clerical Administrative Staff, School Counsellors, other wellbeing staff, for example Chaplains, and Utility employees (including cleaners, bus drivers, building and maintenance and canteen staff). For the vast majority of School Support Staff in government schools the first seven levels of the common 10 level structure are utilised with particular occupational groups spanning a particular number of levels relevant to the particular duties of that group. Utility staff in government schools are employed under a different award, the Facility Attendants (Tasmanian State) Award. The IEU will be reporting in more detail on the progress of discussions with the TCEO to members following the next series of meetings scheduled this term. We expect to be able to start consulting with its members on concrete aspects of a possible structure early term two. 9 March 2016 THE POINT VIT 2016 Registration – change in PD requirement Members who are registered teachers in Victoria will have received a communication recently from the Victorian Institute of Teaching (VIT) about a new PD requirement to be declared in your renewal process in September this year. What is the Special Needs PD requirement? As reported in the last edition of The Point, in addition to teachers being asked to declare that they have undertaken 20 hours of professional development activities in the last year, they will also need to declare that as part of the PD they have undertaken some professional development in developing capabilities to teach learners with a disability (special needs) in the last 2 years. If you have not undertaken some sort of professional learning in this area over that period, you will have a further 12 months to comply. Is there a required number of hours or particular mode of PD? No – there is no specified time requirement on the amount of special needs professional development activity, and the type and nature of the PD activity is as broad and self-determined as the general PD requirement for the 20 hours has always been. Professional development activities can include school-based meetings, professional reading, attendance at seminars, workshops, on-line learning, and school-based professional activities, including staff meetings, planning meetings, etc. Special Ed training T he IEU is supporting its members to meet this professional development requirement through the Teacher Learning Network (TLN). The TLN has organised a full day conference – Teaching Students with a Learning Disability on Thursday 31 March at the IEU Building in South Melbourne. This conference will also be streamed live for those in Tasmania and others who cannot get to South Melbourne. The conference has workshops on working with students with ASD, dyslexia, ADHD and social and behavioural issues. The conference is open to all – register at www.tln.org.au The conference is free for staff in schools that have joined TLN as members. Get your school to join TLN and this conference is free www.tln.org.au or (03) 9418 4992. The IEU would expect that in the general professional development activities teachers are involved in at school level, the requirement should be able to be met. Schools need to ensure that activities and discussions focus on special needs teaching and learning, thus developing teachers’ capabilities to teach learners with a disability. These professional learning activities can be specifically targetted to particular disabilities, or more generally to great teaching strategies which can be used to effectively support the participation and learning of students with a disability. These professional learning activities will, no doubt, already be happening in schools. Should your school be supporting professional development opportunities? Yes – Talk to your principal about how the school will be supporting all teachers to easily and conveniently access some professional learning in this area. Is this a new teaching standard? No – the general requirement for teachers to declare that they meet the teaching standards is not new. There are in fact three existing professional standards which already can be said to focus on this area. What is new is the specific declaration of having undertaken some specific PD in this area of teaching and learning. The current professional standards which relate to special needs are: The current professional standards Design and implement teaching activities that support 1.6 the participation and learning of students with disability which to special needs are: andrelate address relevant policy and legislative requirements. 1.5 Develop teaching activities that incorporate differentiated strategies to meet the specific learning needs of students across the full range of abilities. 4.1 Establish and implement inclusive and positive interactions to engage all students in classroom activities. UNION PRESIDENT MARK WILLIAMS Are you with us? W elcome back to 2016. I hope everyone’s year has started smoothly and that you have great success in your various roles in education throughout the school year. I would like to take this opportunity to welcome new staff to our independent and Catholic schools, and particularly to those who have recently graduated from University and are now in transition to school life! As graduate members of our union, know that you have joined a committed group of educators who are like-minded in defending the rights of all education workers in non-government schools and other institutions and who value fairness and justice for all who work in our industry. To our IEU Reps in schools – also a big welcome back – you are a crucial cog in growing our union in your school, in disseminating information to our membership, and leading your sub-branch. The fact that you voluntarily do this job in addition to your teaching or non-teaching role is indicative of your commitment to union, to fairness and to justice. This year we start the long road towards negotiating a new Agreement in Victorian Catholic schools and CEOs. It will not be long before Catholic Primary School Principals’ sub-branches, primary and secondary school sub-branches and Catholic Education Offices sub-branches will be called to consider and then endorse our claim – and this is probably the easy part! A more challenging time historically is getting our employer representatives to understand and care enough about our employees to not waste our time trying to take away conditions we have already fought for and achieved. Time would be better spent discussing how we can further regulate total workload in schools so that principals, teachers, and education support staff can focus on quality teaching and learning conditions. While this is happening, your challenge is likely to be – how can you help convince our employers we mean business and we want respect? It will also be a concerted and consistent program of keeping your colleague staff members enthused, interested and committed to the campaign. ‘Are you with us?’ is the message we are communicating, a great question for our employers, as well as our members! An even greater question possibly for our non-members! I look forward to the challenges ahead, confident that we will organise and achieve great things together. I hope you all have a great year…and please don’t forget that what we will work hard for and achieve will benefit all – members and non-members. 10 THE POINT March 2016 Paying for your Laptop? Hours of Work – Tasmanian Catholic Schools A recent Federal Court case has made it very clear that schools cannot make employees pay for laptops – and most other costs. S ome schools try to make employees pay for all kinds of things: laptop computers, staff dinners, damage to iPads, insurance excesses, academic gowns, lost keys – you name it! The fact is, they cannot do this – it’s illegal. Our sister union in the government school sector – the AEU(Vic.) ran and won a landmark legal case about school-provided computers and staff being asked to contribute to the costs (through deductions from their wages). The court found that, in short, unless the arrangement is wholly for your benefit – like the computer isn’t necessary for school work – the employer cannot do it. For some years the IEU has been giving advice (which the AEU’s decision completely supports) that employers absolutely cannot take money out of your wages unless you specifically agree and it is for your personal benefit. In limited circumstances, the only deduction the employer might be allowed to take from your wages is if you fail to give proper notice of your resignation. Some years ago Victorian Government schools introduced a scheme that was not fully optional. The department provided laptops to 90% of teachers and deducted between $4 and $17 per fortnight. After 3 or 4 years the laptop was returned to the Department and a new one issued. Personal use was allowed. Lots of teachers wanted the laptops for all kinds of reasons, but there were also benefits to the schools. The AEU lodged court action because the Fair Work Act prohibits employers from deducting money from wages except in very limited circumstances. In the AEU case, the Federal Court: ■■ Accepted that the provision of specific software and other reasons put pressure on teachers to accept the laptops ■■ Accepted that laptops are a ‘tool of the trade’ for teachers ■■ Accepted that (in most cases) there was no realistic practical alternative to the laptop program ■■ Rejected the government’s argument that the deductions from wages were permitted by the teachers signing an agreement, because the payment benefitted the employer and was ‘unreasonable in the circumstances’ ■■ Decided the deductions from wages were unreasonable because: –– Teachers had no real choice – they mostly had to participate –– The deduction was greater than the value of teachers’ personal use –– The deductions were not made ‘principally for the teachers benefit’. If you are in a scheme where the employer deducts wages for a laptop and it is truly voluntary, then the arrangement may be legal. That is, you freely opted in despite having alternatives that would have been equally satisfactory to you. You decided that it was to your benefit to be in the scheme. If you would be inconvenienced or disadvantaged by opting out, then it’s not truly voluntary. Otherwise, employers cannot charge for laptops, and anything you signed to permit the scheme is unenforceable. If the employer wants you to have a laptop (even with personal use) they must provide it and they must not deduct money from your wages unless you give written consent and it is for YOUR benefit. Equally, they cannot require you to pay insurance excesses, repair costs or any other similar costs or charges. Making you pay costs like academic gown hire is wholly illegal. We are aware that there are a number of schools that are operating such schemes (or were operating them until recently) despite our long-standing legal advice. Your employer should by now have stopped charging you (or stopped making deductions from your wages). We expect that schools will very soon advise you of how they will refund any money you have contributed in recent years. If you have any questions, please speak to your workplace rep or contact the union. Did you have a cut to your working hours this year? If so, it is important to ensure that you have been treated fairly in this process and have received all of your entitlements under the Agreement. F irstly, when the school realises that a reduction in hours is necessary, notification must be given. You then have the opportunity to have the union represent you in consultation on the proposed cut in hours. Your employer must provide you with information about the proposed changes and very importantly, must give you the opportunity to give your view about how the changes will impact you and your family. After this consultation process has taken place and if it is still considered that there is a need to reduce hours, there first needs to be a call for voluntary reduction in hours across all employees. At this stage, there is a responsibility from the employer to list the reasons why this reduction is necessary. If, after all these processes have been followed, you are still required to take a reduction in your hours, you should receive transitional salary at your higher salary rate for a period of between 4 and 20 weeks. It is important to note that this calculation is only done based on your core FTE hours. Transitional maintenance of the higher salary is applied as follows: A If less than 10% reduction in core FTE 4 weeks at higher salary B If 11-20% reduction in core FTE 8 weeks at higher salary C If 21-30% reduction in core FTE 12 weeks at higher salary D If 31-40% reduction in core FTE 16 weeks at higher salary E If more than 40% reduction in core FTE 20 weeks at higher salary There is also the option of taking a redundancy if your cut in core FTE is more than 25% 1. Full-timers cannot have hours reduced at all without their agreement 2. There are limits on the amount of any reduction in hours (ref to core and flexible hours for part-timers: teachers clause 72; support staff clause 58) 3. Support staff who worked less than 40 weeks in 2014 cannot have their hours reduced at all until 2018 (clause 55.2.4) If you have concerns about a reduction in your hours for 2016, please contact the union to have your situation investigated. The real costs of fixed-term employment IEU member Josephine Elefantis appeared as a witness in the Victorian State Government Inquiry into the Labour Hire Industry and Insecure work. A s a Learning Support Officer (LSO), Josephine has until recently spent seven years on fixed-term contracts. This is a common story for education support staff, particularly those in Victorian Catholic schools with a majority of LSOs employed on one-year contracts. At the Inquiry Josephine recounted how, for many years, she had to wait until the very end of the year to find our whether she would have a job to come back to in January. She said that the job insecurity made it almost impossible to plan for a holiday and make significant financial decisions. The IEU also appeared at the Inquiry to speak to its formal submission made in December of last year. Our submission reflected the varied experiences of teachers and support staff in our sector. The use of fixed-term employment has been on the rise amongst teachers in both primary and secondary education in Australia over the last five years, particularly for those under the age of 25. Labour hire also exists in our sector and presents some real problems for those employed in this way. Casual Relief Teachers (CRT) employed through agencies often have to pay part of the daily fee to the agency as a condition of their contract, and this means that they walk away with less than the legal rate for the work they have done. ...Josephine has until recently spent seven years on fixed-term contracts. The IEU has made a number of recommendations to the Inquiry, in particular calling on it to recognise the numerous negative impacts that insecure employment have on a worker’s well-being. The IEU also called on the Victorian government to pressure the federal government to make changes to the National Employment Standards that would make it easier for fixed-term employees to get converted to ongoing. In addition, the IEU called on employers and unions to work together to proactively identify and reduce the use of fixed-term employment. A pilot project was recently undertaken by the Catholic Education Commission Victoria Industrial Relations Unit and the IEU to this end. While the findings of the project are still being formalised, it is evident that where the IEU and employers, like Josephine’s at Marcellin College in Bulleen, work together there can be a significant reduction in the use of fixed-term employment. This results in a corresponding reduction in the negative impacts that insecure employment has on workers’ morale and well-being. In other words, a win –win. The IEU thanks Josephine for providing her personal perspective on the effects of insecure employment to the Inquiry. 11 March 2016 THE POINT Having the Conversation We continue to see that the best method of recruiting members to our union is through current members asking their non-member colleagues to join them in union membership. W hilst asking someone to join can be confronting, with forethought and a plan it need not be a difficult ask. Before approaching a fellow colleague think of why you are a member of our union and be prepared to state and perhaps argue your reasons. There are a number of common objections people respond with when asked about joining our union. Below are some examples with responses you could consider prior to seeking out a fellow staff member to join you in membership. Remember, our union is only as strong as its members and a larger membership leads to a stronger union. If you would like assistance in approaching a colleague why not ask another union member for support. You could also seek assistance from your current sub-branch rep or call the union office and seek some advice from your organiser. Common Objections What’s in it for me? Most people join a union as a form of insurance at work. Explain to your co-worker that if they come up against a problem they can’t manage on their own, being a member of the IEU means having an expert in your corner. The IEU’s core work is representing members throughout their employment. We are experts in workplace relations, and will negotiate on behalf of our members, provide advice and if need be, we can also provide legal assistance. Additionally, there are numerous financial benefits and services available to members of the IEU, like professional indemnity insurance, cheap health insurance, Union Shopper and more. I can’t afford it IEU membership fees are based on a sliding scale to ensure that lower paid employees are able to afford their fees. To make it easier members can opt to pay weekly, monthly, quarterly, half-yearly or annually. On average, fees are between 1-1.5% of your wages, a small amount to pay if you consider the benefits of joining. On the contrary, you might ask non-members if they can afford not to join. We don’t need a union here While you and your co-worker might share an agreement that you are lucky to have a positive workplace and a good relationship with the employer, workplaces are dynamic organisations made up of many personalities, and are prone to change. You may also like to point out that the IEU’s work does not simply revolve around workplace disputes, but also around using our collective strength to secure better pay and conditions in the long term, for all staff in the nongovernment sector. I can look after myself Many non-members believe they can look after themselves, but there are some situations where they might wish they had support, for instance, a disagreement with management or harassment from a co-worker or parent. Explain that being a member of the IEU means having the members of your workplace behind you in a dispute, and access to advice and support. If a problem gets beyond being able to be mediated at the school level, the IEU can provide legal advice and support. I’m only employed on a shortterm contract Many workers in schools aren’t full-time or permanent but that doesn’t mean they don’t need a union. In particular, workers on contracts should be aware that there are risks involved in contract employment that they will want to protect themselves against. Pam Fox is stepping down as IEU rep after 8 years of service at St Joseph’s College Mildura. P all else fails is a great achievement. We have always maintained that when the entitlements provided for in the Agreement are adhered to and that processes at school regarding policy development and POLs are transparent, members feel more secure and valued as employees. Pam believes a succession plan for reps is important. ‘Every group needs a leader, and without someone to take over the role of IEU rep the strength of the sub-branch could diminish’. ‘I think people have a fear of joining the union because they feel that their employer will not support them in doing so...’ St Joseph’s has decided to elect an executive to ensure that the workload is spread among a wider group of activists. It also helps with the succession process when there is more than one person involved in the union work. Pam will continue teaching visual arts in the classroom adding to her wealth of experience in education, having taught for 25 years, overseas, in TAFE, the prison system and in secondary education. I don’t want to rock the boat Being a member of the union isn’t about being confrontational – it’s about working cooperatively, with your co-workers and employer, to achieve a better workplace. We will always approach workplace issues in the spirit of good faith negotiation, and members always get a say in how problems are to be resolved. I’ve never been a member before, why should I join now? The more members the IEU has, the more capacity we have to negotiate better wages and conditions. If everyone is a member, we can achieve more collectively. How visible is the IEU in your school? Rep Profile – Pam Fox am first joined the union movement after returning from overseas in the 90s to find the Kennett government had made it almost impossible to get ongoing positions. Pam took on the position of rep in Mildura because ‘...during a sub-branch meeting everyone thought it was a good idea that I should take over from the outgoing rep and voted me in! I accepted because I wanted to give back to the SJC community and I’m glad I was able to do so for so long’. She is naturally a strong believer in the benefits of union membership. ‘It’s knowing that someone has got your back, that someone is there for you to talk to when you’re feeling unsafe or worried about your position or working conditions and can point you in the right direction.’ Pam is very proud of the achievements of the strong and loyal St Joseph’s sub-branch. ‘We have had meetings and passed motions from the sub-branch to make sure that we are being heard on issues where there has been no traction in one-to-one discussions. We have had success in raising the awareness of OH&S issues and also have been able to make sure that the Agreement is being followed by alerting employers to possible breaches before they become an issue where the IEU industrial staff have to step in. I also think the fact that members know they have a group of people who will look after them when I only work part-time Employees working part-time may end up needing the union more than full-time employees, due to the complex nature of their employment. The IEU can help with issues such as returning to work part-time after parental leave, and negotiating more family friendly conditions such as spread of hours. One way for the IEU to have a presence in a workplace is to have a well-presented notice board that is a permanent reminder of the role of the IEU and a reminder for nonunion members to join up. Outside of teaching and union work, Pam is also involved in community projects and groups such as Humans of Sunraysia and UpStart. She is starting a new arts collective for artists in the community who are not connected with local arts groups which also feeds her interest in photography and creating art. Pam also has a strong interest in art therapy which she hopes to pursue. Pam has some words of advice for all staff in education. ‘I think people have a fear of joining the union because they feel that their employer will not support them in doing so. My advice would be for all new staff to join the IEU and reap the benefits of knowing that no matter what, someone will look after you, which is an important piece of information when you’re not sure what your rights and conditions are. No one wants to feel alone when things go wrong and having a subbranch and organiser to support you means you don’t have to.’ Does your notice board tick the following boxes: Is it a space dedicated to union information? Does it have current membership forms? Does it have clear and easy to read information on why people should join the union? Is it kept up-to-date and is information changed regularly? Things like inspirational quotes by famous leaders about the role of unions can be great discussion starters and get people thinking about the crucial role that unions have had and are still having today. Your IEU organiser can assist you with information to keep your notice board fresh and relevant to staff in your workplace. It is also great to share your ideas with other reps via your organiser. Keeping a notice board up-to-date can also be the responsibility of someone in the sub-branch, not necessarily the rep. It is a great way to share tasks. It would be great to receive some examples of noticeboards in The Point. 12 THE POINT March 2016 WARNING: Asbestos Many buildings constructed or renovated prior to 1990 are likely have within them some asbestos containing materials (ACM). That is because asbestos was widely used in a range of building products up to that date. A sbestos is usually identified in situations where it is bonded with other materials such as cement and roofing tiles. In this form it does not usually result in the release of airborne fibres. This type of asbestos is known as non-friable asbestos. However, if asbestos-containing materials are in poor condition, can be easily disturbed or are poorly managed, the likelihood of asbestos fibres becoming airborne increases. Asbestos fibres can easily become airborne if the ACM is friable, that is, when the materials can be crumbled or reduced to powder under hand pressure. Health conditions resulting from exposure to airborne asbestos fibres are life threatening, usually resulting in long periods of diminished quality of life, followed by premature death. As schools are workplaces, all schools must comply with the duties set out in the Occupational Health and Safety Act 2004 and the Occupational Health and Safety Regulations 2007 as they relate to the identification and management of asbestos. The Compliance Code, Managing Asbestos in Workplaces provides detailed practical advice as to how to establish and maintain a systematic approach to managing asbestos. The duties to identify and manage asbestos are mandatory legal duties and ignoring them could result in hefty fines. There is a wide range of people who are potentially at risk if any ACM in your school is not identified, is in poor condition, easily disturbed or not properly managed. Tradespersons, maintenance and repair workers, installers of telephone, information technology or alarm systems, employees, volunteers, visitor and students are all potentially at risk of exposure. Effective asbestos management requires your workplace to formulate an asbestos management plan. It is a documented outline of how asbestos in your workplace will be managed. It outlines how all duties under the Act and Regulations will be complied with and how the risks associated with the presence of asbestos in your school are being eliminated or controlled. The asbestos management plan forms part of your School’s Occupational Health and Safety Management System and should include the following information: ■■ The name of the person appointed by the Principal as the Asbestos Coordinator and an outline of their responsibilities as the main point of contact for all school based asbestosrelated matters ■■ The responsibilities of all persons involved in the asbestos management plan and the sections of the plan for which they are responsible ■■ The most recent, updated asbestos register for the school ■■ The method by which health and safety representatives, employees and contractors will be consulted and provided with information about the location, type and condition of any ACM ■■ An outline of the action taken or to be taken to remove, enclose or seal ACM and control any risk of exposure to airborne asbestos fibres ■■ A timeline for action that establishes priorities for action based upon the level of identified risk The methods by which ACM in the school will be labelled, in particular, the type of signage to be used at the front gate of the school, at the reception area and at the entrances to buildings with known ACM, indicating that there is ACM in the building ■■ The process by which the condition of any identified in-situ asbestos will be monitored ■■ The process by which measures taken to control the risk will be monitored to ensure there is no risk to health ■■ The information, instruction, supervision and training required for employees in regard to asbestos and how that training will be provided ■■ A timeline for the review and updating of the asbestos management plan and asbestos register. Currently, WorkSafe Victoria is conducting a project of targetted workplace visits in the education industry focussing on how the duties and responsibilities of managing in-situ asbestos are being complied with. The project began in 2015 and visits will occur over a two-year period until 2017. During those visits inspectors may look for the following: ■■ Has all asbestos in the workplace been identified? Is there an asbestos register? Is it current? ■■ Has asbestos been labelled? Is it complete? Is it adequate? ■■ Is there any damaged ACM on site? Are there any high risks? Is it in the register? ■■ How is asbestos being managed? Is there an asbestos management plan? Are there regular inspections? Is there a training schedule/plan? Is there contractor induction? If your workplace is currently not compliant with the mandatory duties set out in the asbestos regulations, your employer faces the likelihood of being issued an improvement notice should a WorkSafe Inspector visit your site during the life of the project. The IEU recently presented an online webinar providing information about the WorkSafe project and requirements of the asbestos regulations. If you are unsure about your obligations or if you want more information about managing asbestos in the workplace, contact your IEU Organiser. ■■ Teaching as a radical act? Have you ever thought about yourself and your job as being radical? I suspect most teachers don’t, but I encourage you to stop and think about what it means to be radical. The Macquarie Dictionary has many meanings for radical, among them are: a)Going to the root or origin As teachers, aren’t we encouraged to get to the root cause of a child’s inability to learn, or to get to the root cause of a behavioural issue? b)Thoroughgoing, especially toward reform This sounds like what we are required to do when implementing change, be it curriculum or structural changes in a school. c) Innovative This is a requirement on all teachers; just think about the language of the government promoting the teaching of Science, Technology, Engineering and Maths (STEM), to lead our young people to be more innovative. d)Forming the basis or foundation This is core work for teaching; consider literacy and numeracy and the crucial work of primary teachers in establishing these foundations for their students. There are other definitions including those that are specific to Maths and Chemistry, and everyone will be familiar with the colloquial usage, ‘radical’ meaning excellent or wonderful. I contend that what we do as teachers on a daily basis is a radical act. For those working in the Catholic system or Christian schools, there is a rich heritage in the letters of the great teacher, Paul of Tarsus, (Saint Paul), which show how he intervenes, radically, in the life of people to convert them to a new belief. People change their values, their beliefs and their daily practices to become followers of this new religion. Paul achieves this by entering into a relationship with the people in the communities of Thessaloniki, Corinth and Philippi. Each day we enter into a radical encounter (or relationship) with our students in which we are attempting to get them to change: to change their knowledge about the world, to change their skill base, to change their behaviour, to change the way they feel about themselves. The Safe Schools Coalition is a great example of how schools take risks to help students understand themselves and their friends. Gert Biesta, the educational philosopher, calls this ‘a powerful intervention aimed at setting people free’. This power we hold as teachers carries with it an enormous responsibility. Our responsibility as teachers is to reflect on our own individual purpose; to engage in conversations with our peers about what we are seeking to do in our schools; to engage in constant learning and development so that we can meet our responsibility to our students and to be in a genuine relationship with them; and to engage our school communities in a dialogue about the society we want for their children, (our student), a dialogue that might be about how we respond to asylum seekers or to people who are ‘different’. Being a radical teacher is not a ‘free for all’. It is about constantly improving our ability ‘to make situated judgements about what is educationally desirable’ (Gert Biesta). Teaching takes commitment, learning, wisdom and just a hint of the courage to be radical. Michael Victory Teacher Learning Network mvictory@tln.org.au 13 March 2016 THE POINT PRINCIPALS The IEU Principals’ Agenda The beginning of each school year for principals, as it is for all staff, is always full-on and hectic, but generally consistent with previous years – you know what to expect, you know it will be busy and you know that holidays will be a distant memory fairly quickly! O n top of this is always the bigpicture agenda of governments and systems which also impacts on the life of the school. This high level of accountability and expectation is ever present in the mind of a principal. High on the agenda of the Principals’ Council for 2016 is the new Victorian Ministerial Order that commences 1 August 2016 – ‘Child Safe Standards – Managing the Risk of Child Abuse in Schools’. The introduction of child safe standards form part of the Victorian Government’s response to the recommendations of the Betrayal of Trust report, which found that more must be done to prevent and respond to child abuse in schools. The standards will promote cultures where protecting children from abuse is part of the everyday organisational thinking and practice. Ministerial Order No. 870 has been made and gazetted. It sets out the specific actions that schools need to take to meet the child safe standards. A new minimum standard for school registration requires schools to meet the requirements of this Ministerial Order. We are working with the Catholic Education Commission of Victoria to ensure effective support and advice is provided to principals for the successful implementation of these child safe standards. This course is designed to build the knowledge and confidence of school leaders to manage health and safety in their workplaces. Occupational Health and Safety is, again, an important agenda item for the IEU and principals this year. We are running a four-day OHS course spread over a number of weeks unusually titled, ‘Octopuses, Time-bombs and Anacondas’. This course is designed to build the knowledge and confidence of school leaders to manage health and safety in their workplaces. The course will be practical and includes a mixture of presentations, case studies and scenarios based on actual school situations. Full details are available on our website: www.ieuvictas.org.au We welcome this year a new Deputy President to the Principals’ Council: Greg Lane from St Mary’s School, Swan Hill. Greg is a long-standing, involved and committed unionist who has always been generous with his time and opinions. He has an ongoing passion for education and his experience and wisdom as a principal is much valued by his colleagues. Greg will join Principals’ Council President, John Connors, representing the views and interests of principal members on the IEU Victoria Tasmania Committee of Management. CAREER CORNER Investing in yourself In this new regular segment, we aim to provide some information and guidance relating to your career. We are happy to receive specific questions to which we can respond in subsequent issues. Please email your questions to: careercorner@ieuvictas.org.au T he start of the year is an excellent opportunity to determine what investment you will make in yourself over the coming 12 months. Failure to do so means you’ll be no further advanced – in skills, if not in age – than at present. If this is a conscious decision – time or financial constraints, PD overload, new responsibilities – then that’s fine. If, on the other hand, it’s due to a lack of forethought, then perhaps it’s time you set some time aside to plan the direction you want to head. 1 The first step in this process is probably to take stock of where you are: ■■ ■■ ■■ ■■ ■■ How long have you been in your current position/school? What have you achieved in this position? What are your strengths in the role? What do you enjoy most about it? What parts do you least enjoy? Part of this initial step may also be to update your CV and/or LinkedIn profile to reflect the progress you’ve made in the past 12 months. Don’t be like a friend of mine who hadn’t revisited his CV in a decade and suddenly found himself scrabbling to remember all the achievements, professional development and other attributes he’d accumulated since applying for his current role! By the way, whilst we’re talking online social media, the start of the year is also a good time to revisit your security settings to ensure your content is visible only to those you want to see it. This includes doing a good clean-out of ‘Unsubscribes’ to all those automated email distribution lists you’ve found yourself on during 2015. Do you really want to continue wasting your time deleting emails from airlines, hotels, random charities and your favourite fancy cakes store? 2 The next step is to consider whether there is another position or school that would result in you doing more of what you enjoy and less of what you don’t? Once you have established what you enjoy, you can determine whether it’s worthwhile investing (time, money) in increasing your skills and knowledge in your areas of strength, or whether in fact there are weaknesses that you can redress. Many of you will have participated in an Annual Review Meeting (ARM) at the end of last year at which some of these points may have been raised. Use this information as a starting point for your selfreflection. It could be that you’ve come to the conclusion that you’d like to move out of education. In this case, the next step is even more critical. The golden rule is to try not to leave secure employment before you are confident of your next move. 3 The final step is to investigate who can assist you in moving in the right direction. Depending on your chosen path, you might consider a combination of: ■■ ■■ ■■ ■■ ■■ ■■ Personal reading (including LinkedIn groups and thought leaders) Formal course of study Mentoring/coaching Career counselling (search for Career Development Association of Australia) Professional associations Networking with those in your chosen field (especially if changing careers) The key point in this process is not to fall asleep at the wheel of your own career. You may have got to where you are by chance, but regardless of your age and experience, you have only a finite amount of time left before retiring, so why wouldn’t you want to make the most of it? 14 THE POINT March 2016 CRT Kickstart! The CRT program for 2016 certainly got off to a kick-start this year! The CRT conference program is a series of conferences run jointly by the Independent Education Union and the Australian Education Union, facilitated by Teacher Learning Network (TLN). T he aim of the conferences is to provide professional development opportunities to casual relief teachers who may not otherwise be able to access relevant training or fulfil their VIT requirement of 20 hours of professional development each year. Due to the casual nature of CRT work, these teachers are often unable to access system or school training. The two unions are proactive in providing significant and relevant training for CRTs, to support their registration and renewal requirements, and their professional practice. 150 participants attended the first CRT Kickstart for 2016 with many more joining the proceedings on-line. Participants ranged from students and graduates, parental leave members, as well as members whose preference is to teach parttime on an ad hoc basis at this stage of their working lives. The idea behind CRT Kickstart is to help everyone to prepare for their first term of teaching. The day commenced with a Teachmeet – a sharing of experience and resources, in diverse groups, providing networking opportunities and new ideas and approaches. The rest of the conference consisted of a variety of workshops: ■■ What it means to be a CRT ■■ Violence, teaching and personal safety ■■ Interview skills and CV writing ■■ Marketing yourself and finding jobs ■■ Awards, Agreements and agencies ■■ Legal liability ■■ What do schools want – Principal panel If you are a CRT or have a CRT friend – why not tell them about our conferences? Future CRT conferences will take place during each term break: Diversity and difference – 30 March Classroom and people – 29 June 21st century learning – 21 September Go to www.ieuvictas.org.au for further information and to register. Calling all Casual Relief Teachers! Ask your CRT colleagues to become IEU members. Apart from the professional development offered, the union can provide advice on matters relating to pay rates, conditions of employment, checking employment contracts and much more. All the IEU discounts, professional indemnity insurance and legal back up are available equally to CRTs. If you are a CRT make contact with the IEU sub-branch rep at schools where you regularly work. We are sure they will be more than happy to welcome you and include you in union-related communication and forums. To assist you to ‘put your best foot forward’ and to get work in the schools you choose, consider attending our CV writing and interview skills workshop on 4 April (Check the IEU website) We’ve got your back Work as a CRT in both government and non-government schools? The IEU and AEU offer reciprocal membership for CRTs, so as long as you join the union that is most relevant in terms of where you do most of your work, we have you covered. TEACHER LEARNING NETWORK Supporting teaching learners with disability 1. Disability developed or diverse – lesson planning for differentiation Planning teaching approaches that work for students with a learning disability or who are on the Autism spectrum can also benefit ‘mainstream’ students. As part of the government Special Needs Plan teachers 2. Disability developed or diverse – using will be required to technology for differentiation build their capacity The workshop will cover the use of general to teach learners ICT devices eg. iPads and specific assistive technologies and how they can benefit all with disability. The VIT website reads: ‘When you renew your registration by 30 September 2016, you will be asked to identify the PD you’ve engaged in to build your capacity to teach learners with disability. Activities selected by you to meet the requirement for PD about learners with disability should reference the standards descriptors 1.5, 1.6 and 4.1.’ Many courses conducted by TLN meet these Standards including: students from gifted through to those with a learning disability. 3. English as an Additional Language (EAL) – teaching ideas to get you started This online program will emphasise understanding the prior-educational experiences of the students and will present practical ideas based on research. 4. English as an Additional Language (EAL) – teaching ideas for all subject domains During this online program a range of practical ideas for teaching across subject domains will be explored and made available to participants, all based on high quality research. 5. Working with student support groups Enlisting this team of specialists to support and inform your classroom approach will deliver great results for you and the students. 6. Creating individual education plans for students with special needs An IEP is your map for working most effectively with the student, understanding their disability and your instructional strategies that will most effectively meet their learning needs. 7. Working with education support staff when including a student with additional needs Education Support staff play an integral and invaluable part at an inclusive school. Clear directions and a productive partnership with ES staff will help teachers. 8. Working effectively with families of students with special needs Listening to and valuing the parents, carers or guardians of a child is an essential ingredient in the collaborative model of supporting a child with a disability in education. Join TLN and all staff (teaching and ES staff) can access these TLN programs at no charge. The annual membership fee gives your staff access to these programs at no further cost. Almost all TLN programs are also available online – so membership for regional Victorian schools and Tasmanian schools is good value for money. Go to www.tln.org.au for more information and to join online. Annual membership fees are given below, (fee includes GST and is for a full 12 months) 9. Autism in the classroom – teaching social and emotional skills In this online program the presenter will outline approaches to teaching social and emotional skills for students on the autism spectrum. 10.Autism in the classroom – teaching task skills Students on the spectrum may experience difficulty when planning and preparing for, getting started and completing work tasks. These students will benefit from explicit teaching of how to approach work tasks. In this online program the presenter will provide practical ideas for teaching task skills. 11. Write for the TLN Journal on Autism The premise for this workshop is that great teachers should share their excellent practice with colleagues. Publish your article in the TLN Journal with a circulation of 5,000. Student Enrolment 2016 B. 2000 students and above $850 C. Between 1000 and 1999 students $700 D. Between 500 and 999 students $550 E. Between 100 and 499 students $400 F. Below 100 students $300 Contact TLN at 112 Trenerry Crescent, Abbotsford, 3067 or 9418 4992 or Michael Victory at mvictory@tln.org.au 15 March 2016 THE POINT New to teaching? We’ve got your back. Every year hundreds of graduate teachers join the Independent Education Union when they enter the profession. There is no doubt that the first years of teaching can be the most challenging in a teacher’s career. Many will have a class of their own for the first time and others will face the challenges of working as a Casual Relief Teacher. R egardless of the type of job, the IEU recognises that supporting early career teachers as they transition from study to their first professional teaching work is critical to the profession. It is for this reason that we have developed a transition program that gives new teachers every opportunity to join and subsequently receive the support, advice and professional development that comes with being a member of the IEU community. The IEU transition program starts well before an early career teacher walks through the front gate of their school for the first time with many student members taking up the opportunity to have their contract of employment checked by the IEU to ensure it is fair and reasonable. The IEU continues to provide support to early career teachers through the four tailored professional development opportunities that we offer each year. The first three pieces of PD are free to our early career teachers as part of PD in the Pub, a Victoria-wide program that provides PD on behaviour management, classroom dynamics, and learning and engagement strategies. The PD series is presented by renowned educator and author, Glen Pearsal and former teacher, now academic, Coby Beatson. We also provide great PD in Tasmania to students and early career teachers. The IEU transition program starts well before an early career teacher walks through the front gate of their school for the first time... In addition the IEU offers an early career teachers conference, which will be held this year in conjunction with the AEU and the University of Melbourne – Graduate School A slow turning Patrick Smithers is not your typical first-year graduate. He is one of the rare breed who, for whatever reason, take up teaching after a career somewhere and someplace else. He has commenced his second career at Our Lady of Mercy College Heidelberg. He promptly took up membership of the IEU, and is able to provide some interesting perspectives on the past, and the future, for him. P atrick started as a cadet journalist at The Age as a 17-year-old in 1982. He was a sports writer at the paper for almost a decade before assuming the role of sports editor. He then shifted to ‘the front’ of the paper, first as night news editor and later as executive news editor. He left The Age at the end of 2012 as the paper shifted its emphasis to digital journalism. He enrolled in an undergraduate degree at Deakin University, fulfilling a lifelong ambition to study history, with a view to joining the teaching profession. ‘It was something I had always had in the back of my mind. I was absurdly lucky to be in journalism at a time when newspapers were a vital part of our sense of Alisi Fusi Wightman Scholarship 2016 Patrick with mentor Sue Richardson community. But if I didn’t make the switch then, it was probably never going to happen. Now I get a crack at a totally different career.’ Patrick’s next lucky break was to do teaching rounds at Our Lady of Mercy College. He said he was extremely fortunate to have brilliant mentors and IEU members in Sue Richardson and Tom Crowle. Richardson is mentoring Patrick this year in his role as an English and pastoral teacher. ‘The school has an extraordinary sense of community,’ he said. ‘The OLMC school values aren’t just hollow marketing slogans. The staff and students live and breathe them every day. I have only been here five minutes, but it has been an extraordinarily welcoming environment.’ Patrick has been a union member all his working life. of Education. This conference will give new teachers the perfect opportunity to reflect on their practice to date and learn from both experts and colleagues alike. Finally, the IEU supports new teachers in the workplace by bargaining for them in Catholic and independent schools. Two great examples of this are reduced hours of scheduled class time for first-year teachers and a new school induction program in Catholic schools. New teachers should be members of the union. So if you know a first year teacher who isn’t an IEU member then ask them, ‘Are you with us?’ and then hand them a membership form which you can download from our website. He joined the then Australian Journalists’ Association in 1982. This later morphed into the Media Entertainment and Arts Alliance. ‘Hopefully my membership with the IEU can be as long and fruitful,’ he said. ‘I like the idea of the collective. I have always been bemused by people who denigrate unions, but benefit from the hardwon conditions that previous generations of unionists have won for all workers. It is an essentially historically ignorant position, like decrying feminism with a broad brush without acknowledging the remarkable advances it has made for women.’ The IEU looks forward to supporting all our new graduate members in their first years of work, including mature age graduates like Patrick who have much to offer their schools and the union. T his year the IEU together with the AEU welcomed: Oketi Akauola from Tonga, Chief Education Officer for primary schools and a member of the Friendly Islands Teachers’ Association, and Neselinda Meta, Secretary of the women’s network of the Vanuatu Teachers’ Union and a full-time primary teacher. Both women are active in their unions and, in addition to their full-time jobs, work towards creating better opportunities for women in unions and the education of girls. During their visit we introduced them to the workings of the IEU and to a range of activities with some highlights being: ■■ school visit to St Joseph’s school Collingwood where both women were incredibly impressed with the whole In memory of Alisi Fusi Wightman, former Vice President of the Fiji Teachers’ Association, the Council of Pacific Educators (COPE) provides a scholarship for two women union activists. The scholarship focusses on developing and strengthening union and professional skills. staff and the way in which the school had developed into an integral and vibrant part of the Collingwood community; a big thank you to Trish Taylor and her wonderful staff ■■ meeting Lisa Heap, the Lead Women’s Organiser at the VTHC to talk about the engagement of women workers ■■ the opening of the Young Worker’s Centre at the VTHC ■■ visit and tour with Bronwyn Halfpenny (MP) at Parliament House ■■ meeting with the ACTU Women’s Committee to discuss the paid parental leave campaign. It was a pleasure to meet Oketi and Neselinda and the shared exchange of skills and experiences was certainly valuable and enjoyable. A home loan that’s in tune with the needs of education professionals. With our new Education Package, we’ve done our homework. 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Different terms, fees and other loan amounts might result in a different comparison rate. Fees and charges apply. Terms and Conditions available upon request. Victoria Teachers Limited ABN 44 087 651 769, AFSL/Australian Credit Licence Number 240 960. IEU_HomeLoan2_255x365.indd 1 23/02/2016 1:31:26 PM 17 March 2016 THE POINT In conversation Tina Naumov is a first year teacher at Resurrection School Kings Park after nine years as a teacher’s aide. John Connors is the school’s new principal. He started teaching in 1983 and became a principal in 2000. We sit down with two members and talk about their experiences in education. You’re both experienced teachers and now you’re the newest arrivals at Resurrection School. How did you feel about starting new roles? John: We both caught up before term started and acknowledged we were very nervous. I guess we share a feeling that we know what we’re doing but we’re always learning and in a similar position. Tina: I agree. We felt like we’re here, we’re new and we’re excited about the year ahead. You’re the new kids on the block – how are you finding the first weeks of term? Tina: It was nerve-wracking and a bit daunting for me. I have been a teacher’s aide at another school for 9 years but this is my first year as a graduate. Finding your way around the school and learning the names, the roles, the children and the structure is a little overwhelming. That said, there’s the excitement of starting and wanting to get going. John: This is by far the biggest school I’ve worked in – 530 kids. For me, coming from a place where l knew every student’s name and going from 25 to 50 staff – the first day staff meeting was like fronting a seminar. At this stage, it’s about taking our time. Everyone knows we’re new and we’re finding our feet. What do you wish people knew about the teaching profession? John: Year to year we have heard about what schools should be doing and it appears that today, the issues in society are lobbed at the doorstep of the primary school. Kids need to learn from society, not just in school. The wider community must come to realise that teachers and teaching is now a well-researched profession and teachers are well educated. We know what learning is about – we know how kids learn – we know the young people in front of us and how to improve their learning outcomes. The community needs to understand that we are all responsible for a generation of children. Tina: l wish that people had a better understanding that every child is different. No two kids are going to learn the same way. In learning, everyone has to be considered and treated as an individual. When we do our lesson planning for children, you do have an all class approach, but you also have to learn to adapt it to the learning needs of children. Tell us about the influences and situations that influenced you to join the IEU? John: I’m a Foundation member and first joined the Victorian Catholic Primary Teachers union many, many years ago. Then l moved to the Northern Territory and joined their teachers union there. I came back at the time of the beginning of the IEU and I rejoined straight away. My joining was family influenced originally. However as a principal l see that it’s important to be a member of the same union as my staff. This is because we need to be united. We need to be supporting each other and helping each other. This is in terms of our daily work and everyone we relate to and everything that happens to us. Tina: I joined for that sense of support and knowing that there is someone I can go to help me. It was a no brainer for me. It wasn’t a question of why join a union, but when do I become a member. It’s reassuring that as a union member we can access the benefits of membership, and there is always someone to go to and have my back. Where do you see the changes in modern teaching happening? Tina: I’m still enjoying learning everything and the opportunities teaching provides. Having a voice in planning and curriculum and the opportunity to say I want to trial this. It’s rewarding to know we learn from these things and move forward. John: It’s good to know Tina thinks that teachers are now empowered and there is a shift toward change. I would like to see my school as an excellent 21st century education facility with flexible groupings and spaces and a curriculum tailored to the 530 kids in this school. Rep, Set, Go. How did you become an IEU rep? Are you someone who as a committed union member answered the call to lead your sub-branch, or did you fail to step back fast enough at your last sub-branch meeting when the position became vacant? U nion members who are elected as reps are generally good communicators, well-organised, confident leaders, but these attributes alone are not enough to handle the complexities and challenges of the role. For this reason the IEU commits resources to assist reps improve their skills and knowledge of workplace issues to best represent members at their workplace and to gradually move towards greater engagement in the work of the union movement more broadly. Rep training is offered in Melbourne, regional Victoria and Tasmania. Last year 115 reps participated in rep training and this year we’d like to see you add to that number. Training for reps is structured to incrementally introduce and build on topics of sub-branch administration and management, role clarification, recruitment, negotiation and advocacy. The program is accessible to reps of all levels of experience, the key purpose being to build confidence and competence. If you’ve never been to rep training or have recently been elected to the role, you should enrol in Initial Rep Training which covers the basics of the role, managing your sub-branch and recruiting. If you’ve already attended Initial Rep Training, you can build on those skills through Experienced Rep Training which builds on those initial skills and helps reps hone their skills of negotiation and representing members on either sub-branch or individual issues. It is an expectation that reps attend training every year if possible and for reps in Catholic schools and many independent schools with Agreements, there is an entitlement to paid leave to attend training. If you’re at a school without this provision, the IEU can reimburse replacement costs. If you haven’t booked in to rep training – now is the time to do it, before the usual business of the school year takes hold. Initial Rep Training Experienced Rep Training Tasmanian Rep Training Wednesday 16 March Tuesday 22 March Friday 11 March. Tuesday 10 May Thursday 21 July Thursday 25 August Tuesday 18 October For more information about Rep Training, speak to your IEU organiser. To book in to training email training@ieuvictas.org.au REP PROFILE Jenni Chalker Jenni Chalker is the IEU rep at St Louis de Monfort’s Primary School Aspendale. S he has worked in Catholic education for 25 years and has always been an active union member, but this year is the first time she has taken on the role of rep. Jenni believes ‘It is important to be a member of the IEU, because apart from the insurance aspect, if we are all receiving benefits through the union negotiating for us, then we should all be contributing to that.’ ‘The union has always fought hard for our entitlements. We shouldn’t take that for granted. We wouldn’t have half of the things we’ve got over the years, without the union bargaining for our Agreements. It’s important to explain that to our younger staff. It isn’t fair or just to rely on others to get the wins for us. We are stronger together!’ Catholic Super – providing superannuation services for more than 44 years. Offices in BrisBane, canBerra, Darwin, GeelOnG, HOBart, MelBOurne, PertH & syDney ư Industry super fund returning all profits to members ư Superior long term investment performance ư Fees well below Industry average ư Flexible investment options ư Superannuation and pension products ư Low cost personal insurance ư Financial planning advice 1300 655 002 | www.csf.com.au Authorised by CSF Pty Limited (ABN 30 006 169 286; AFSL 246664), the Trustee of the MyLifeMyMoney Superannuation Fund (ABN 50 237 896 957).This information is about the Fund and is general information only. It has been prepared without taking into account your personal investment objectives, financial situation or needs. It is not intended to be, and should not be construed in any way as, investment, legal or financial advice. CS115010415 CS115010415 Feb15 255wx182h_v3.indd 1 27/02/2015 12:14 pm IT’S HARD TO BEAT THE RETURNS ON SOME INVESTMENTS. We are a super fund. It’s our job to help build your wealth. However we believe that doing well is also about doing good. As a teacher, school or community worker, you couldn’t set a better example. So while we are proud of our track record as a high performing*, low cost industry super fund, we know that’s not all you care about. You could say we’ve learnt from our 100,000+ members who have dedicated their lives to helping others. We’re dedicated to educating our members and providing peace of mind. We’re invested in being responsible corporate citizens committd to helping the community and the environment. As any good superannuation fund should tell you, it’s all about giving a little to get a whole lot back. *Past performance is not a reliable indicator of future performance. Issued by NGS Super Pty Limited ABN 46 003 491 487 AFSL No 233 154 the Trustee of NGS Super ABN 73 549 180 515 2632 (0116) For more information visit www.ngssuper.com.au or call us on 1300 133 177. 19 March 2016 THE POINT Action in IEU Branches In South Australia, members in Catholic schools are rolling out a series of industrial actions school by school to place pressure on employer representatives to shift their negotiating position. T he government sector and the AEU have concluded their negotiations with a 2.5% per annum pay outcome dated back to October 2015 and some general improvements in conditions. The employers in the Catholic sector have offered only 2% and no movement on members’ workloads claims. In one appearance before the Fair Work Commission lawyers for the employers argued that all teacher marking and preparation could be done in non-contact time if teachers were ‘efficient!’ Actions in participating schools range from: ■■ The wearing of badges and IEU T-shirts ■■ A ban on taking relief lessons for absent colleagues ■■ 30 minute work stoppages at a specified time ■■ Non-attendance at specified meetings or briefings ■■ Bans on extracurricular activities such as school sport. In Queensland, IEU members participated in either a half-day or full-day stoppage across the state on 25 February. The action eventuated after 10 months of negotiations failed to deliver any agreement around wages and conditions for teachers and support staff in Catholic schools. Another key area of justice is that many ES staff are currently denied the community standard of 4 weeks annual leave a year. Over 1000 members gathered at a mass meeting in Brisbane while close to 2000 united at nine other regional meetings. Members endorsed further industrial action should employers not come to the table with a meaningful resolution of the union’s claims. Communicating the ‘Sustainability in Schools’ website Sustainability is one of the Australian Curriculum’s three cross-curriculum priorities. However, funding for education for sustainability initiatives is sparse. T he IEU is working with organisations from the education, union, youth and environment sectors that want a higher prioritisation of sustainability in the education system. This coalition is called the Australian Education for Sustainability Alliance (AESA). In 2012, AESA was awarded federal funding to engage with teachers, educators and decision-makers to recommend ways to enable efficient delivery of sustainability learning outcomes across the Australian Curriculum. In 2013, almost 1,500 IEU members contributed to an online survey looking at the barriers and enablers to education for sustainability. The majority of teachers who responded to this survey wanted to focus more on sustainability in their teaching, but asked for help to get started. In response, the website Getting Started with Sustainability in Schools was created. www.sustainabilityinschools.edu.au Packed full of sustainability-focused teaching resources and case studies from around Australia, this website provides pathways to embed sustainability into the Enjoy great savings on a wide range of member benefits IEU members enjoy exclusive savings on accommodation, airline lounge NTEU memberships, package tours, insurance and more. These services have an unlimited usage and can be accessed via the Member Advantage website at any time. Visit www.memberadvantage.com.au/ieu for more information. classroom, school and community. The site continues to grow, as teachers submit new units of work to be included. Spread the word about this fabulous new resource and make sure your school is using it, too. Feel free to send us suggestions for other great resources or networks we can add at info@educationforsustainability.org.au International Roundup Strikes continue in Brazil, where teachers have been taking action in mid-February over education funding and privatisation. Teachers are striking to demand decent pay and working conditions, and demanding an improvement of conditions in schools, including such basics as toilets and lighting. This is also part of the ongoing struggle against the privatisation of schools in the country. This ongoing protest has been long-running, and has been characterised by high school occupations as well as increased militancy amongst teachers fighting for public education. In Hungary, thousands of teachers took to the streets in late February with other members of the community to protest the government’s education reforms. The rightwing government centralised education in 2010, giving government control over every aspect of education, and the protesters are demanding that autonomy be given back to schools and teachers. Teachers are also protesting the increased administrative burden while at the same time seeing their faceto-face teaching hours increased. The reforms were introduced without any consultation with teacher unions. And finally, a school in Texas, USA, has suspended a student for saving another’s life. While the teacher followed procedure to deal with an asthma attack in class and emailed the school nurse for instructions, 15 yearold Anthony Ruelas instead carried his fellow student to the nurse’s office. Which earned him a two-day suspension as the school district followed its zero tolerance approach to non-compliance with school procedure. Young Workers Centre Launched The Young Workers Centre, an ambitious world-first project being run out of the Victorian Trades Hall, was launched on 17 February to a packed and excited crowd. T he recent spate of revelations of the abuse and underpayment of young workers in convenience stores and fast food chains and on farms supplying produce to major supermarkets has highlighted the need for young people to understand and be empowered to enforce their workplace rights. In a time of declining youth union membership, organising and engaging young workers is more of a challenge than ever. The Young Workers Centre has been set up as a one-stop-shop for young workers who want to learn more about their rights at work or who need assistance in resolving workplace issues. It will offer free advice and legal support around employment matters, and will also actively organise young workers and publicly campaign against their exploitation. The YWC has built a great team of lawyers, organisers, educators and researchers who will work together to empower young Victorians with the knowledge and skills they need to tackle job insecurity and workplace exploitation and to keep them safe at work. Trades Hall Secretary Luke Hilakari announced in his speech at the launch that the YWC will seek to visit every secondary school in Victoria to deliver an educational outreach program aimed at preparing our students to be engaged and empowered as they take their first step into the workforce. The education and outreach program is specifically designed to address the issues that young workers face when heading into the workplace, including: ■■ Bullying and discrimination ■■ Workplace rights ■■ Health and safety ■■ Social movements and unionism. The IEU is very proud to be supporting this initiative, and we’ll be calling on our members with responsibility for pastoral and careers education in secondary schools across Victoria to liaise with the Young Workers Centre as they develop their Education Outreach program. For more information about the outreach program, see www.youngworkers.org.au/ education or call the Young Workers Centre. Your students or any other young workers seeking advice or assistance can contact the Young Workers Centre: Call: 1800 714 754 Text: ‘HELP’ + name to 0448 791 922 Visit: 54 Victoria St, Carlton Web: www.youngworkers.org.au/ IEU Internship As part of the Union Summer 2016 Internship Program, the IEU hosted two enthusiastic young activists. We hear from Matt Woodroffe and Rania Talha. I t was great to be placed with the IEU, as they advocate for and represent not only teachers who are dedicated to the wellbeing of tomorrow’s movers and shakers, but education support staff and other employees in the independent and Catholic sector. The IEU operates on a highly organised level, with a dynamic group of people who have a wealth of policy and career knowledge, legal know how and experience, as many are former teachers themselves. There is a collegiate atmosphere at the union, and it was great to observe how everybody is dedicated to social justice, and making teaching an equitable profession. Interning at the IEU has given us an insight into the issues educators face in the workplace. We got to listen to organisers and key officers, sit in on meetings and visit schools. We were also present at the joint IEU/AEU CRT Kick-Start Conference, and it was great to see many teachers in attendance. The workshops that were run by IEU staff on that day were second to none and extremely relevant for Casual Relief Teachers. The biggest contribution we’ve made to the union, however, has been in recruiting new members. Over the past two weeks we have spent about an hour a day calling up graduate members and asking them to sign up. During our time here we have signed up at least 25 new members to the union. It’s encouraging to see so many people interested in becoming IEU members. We also had the opportunity to sign up student members studying their Masters of Teaching at Melbourne University. We’ve both been fortunate enough to recruit a number of student members. This was a fantastic opportunity to talk to some very keen students who are interested in getting involved with the union, in the knowledge that help is available if they require it. Matt: The main benefit that I have got out of the Union Summer program is a better understanding in how unions can create strategies to recruit non-members. I’ve also learned a great deal about how unions can go about engaging members in the bargaining process. We have a new team of women at the VTHC. T Rania: As an Education Student, interning at the IEU has allowed me to see how essential it is to be a member of the union, and the opportunities it provides not only for knowledge and employment skills, but also the strong relationships that the union forms with educators and support staff in ensuring the best possible career outcomes. We would like to thank our mentors and the rest of the staff at the IEU for being accommodating and welcoming during our Internship and wish them all the best for 2016. he Lead Women’s Organiser is Lisa Heap and together with Clare Burns, Jodi Preskett and Ruth Birch, she heads the team who will lead ‘We are Union Women’. The plan for Union Women is to advance the rights of working women across Victoria. Some of the rights and safety areas which will be a focus are: domestic and family violence as a workplace issue, pay equality, paid parental leave, and insecure and low paid work. The IEU looks forward to working with the team and would value input from IEU women workers. To find out more and to be part of the, ‘We are Union Women’s Network’ you can go to: www.unionwomen.org.au
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