The ACTU (of which the IEU is an affiliated member) is lobbying the Albanese government to improve the lot of casual employees, when the Federal Government attempts further reform of the Fair Work Act later this year.
The post-secondary education sector is rife with insecure work practices, and the use of casual employment is a standard arrangement in many colleges, even when some teachers have been working there for many years. The government made some welcome changes around the use of fixed-term temporary contracts in their first tranche of industrial reforms late last year, and now the time has come to do something about casuals.
Exacerbating the casualisation of the industry are changes made by the Morrison government, backed up by a reinterpretation of labour law by the High Court. Previously, the status of someone’s employment was determined by various forms of ‘work tests’, and so if someone had regular shifts with the same employer doing the same thing, their employment could be argued to be non-casual under common law. The Morrison changes and the Jemsek decision by the High Court now means that one’s employment status is determined pretty much entirely by whatever the contract of employment says it is, regardless of the lived reality of the job.
This has created what the ACTU calls ‘a giant loophole’, and the union movement is calling on the Federal Government to tighten regulation in this area by redefining ‘casual’ back to its original meaning of irregular, intermittent and unpredictable work patterns, along with various levels of enforcement mechanisms.
The next tranche of legislation is expected before then end of the year.
Agreement update
Your union continues to bargain on behalf of members at various colleges through the existing enterprise bargaining system. Currently the IEU is bargaining at three colleges, all of which are heading towards resolution.
At Taylors College, negotiations have been thrown a curve ball, with Navitas buying out the long-standing college from Study Group, but the initial meetings with Navitas suggest that all parties remain committed to resolving the outstanding issues, and we are hopeful that a settlement can be reached by mid-year.
At UNSW College (previously called UNSW Global), negotiations are being conducted in concert with our sister union, the NTEU, and while things are still at a relatively early stage, there do not appear to be any insurmountable barriers to arriving at a mutually acceptable settlement with the next few months.
Meanwhile, at Navitas, there are two other bargaining rounds proceeding. At Navitas English Services, negotiations are well advanced, and your union is awaiting a firm salary offer from the employer, which will commence the ‘end game’ of bargaining. At Navitas Skilled Futures (formerly Navitas English Pty Ltd, the arm that runs many government migrant programs), the parties have agreed to delay bargaining while Navitas confirms what new arrangements may be put in place by the new Labor government. In return, members will receive a pay rise in July of 3.7%, the current rate of the Wages Price Index.
The Fair Work Act includes provisions for ‘good faith bargaining’, under which an employer can be compelled to bargain if a majority of employees (or a group of employees, such as teachers) want that to happen. Given that enterprise bargaining always leads to superior pay and conditions to those in the award, it’s well worth checking out how that might work in your college. Contact your union for more information.