Enterprise Bargaining

14 June 2013

Dear Colleagues

The contents of this email is mainly applicable to eligible NTEU members, however some of the actions may affect other staff.

Non-NTEU Staff

If you are involved in marking and transmission of results, you should be aware that students will more than likely be coming to you requesting that their results be transmitted. This is because eligible NTEU members have the option of industrial action, namely withholding the transmission of results. We apologise that you may be affected by this action, however as you would appreciate we may not always know who are the eligible NTEU staff.

As you may be aware, under the Fair Work Act 2009, only employees who are members of the NTEU and who will be covered by the proposed enterprise agreement can take Protected Industrial Action. Unprotected Industrial Action can lead to fines by Fair Work Australia.

Eligible NTEU members:

Re: Partial work bans – notice under S 471 (4) (c) of the Fair Work Act

The NTEU has provided notice in accordance with Part 3-3 of the Fair Work Act that their members at James Cook University will engage in:

  • Bans on the recording, or transmission to the employer, of assessment results commencing Friday 14th June 2013.

  • Bans by professional and technical staff on working outside their normal scheduled hours commencing Friday 14th June 2013.

There has been some discussion in the media referring to a ban on marking. To clarify, the ban is on the “recording or transmission of results” and is not on marking.

In discussion with the University, the NTEU has agreed that the ban on the recording or transmission to the employer, of assessment results will not apply to students in the following circumstances:

  • Students who have met the requirements for course completion and are eligible to graduate; or

  • Students who require their assessment results in order to meet prerequisites requirements for placements or other subjects for next teaching period; or

  • Students who require their assessment results to apply for registration of professional bodies; or

  • Students who require their assessment results to apply for continued receipt of financial assistance from scholarships or other assistance programs; or

  • Students who require results for the purpose of meeting Australian visa requirements.

This means that the recording or transmission of assessment results for these categories of students must occur.

We have advised students who are exempted from the bans to contact their relevant academic and request that their marks be transmitted to the University.

We have advised students that should the above categories not apply, they may consider asking the relevant academic for their results. However, if they receive results in this way these may not necessarily be the final results. The University must receive results to be recognised as the final result.

The NTEU have advised that students not meeting the exemptions listed above can apply to the NTEU Exemptions Committee to have results transmitted to the University. We have advised students that they can download an application online at www.nteu.org.au/jcu. Where an exemption is granted by the NTEU, the NTEU will notify both the University and the student.

James Cook University will be open for business and our activities and services will continue as usual.

If you have any queries about this matter please contact Belinda Pope, Associate Director, Workplace Relations on 4781 4129 or at Belinda.Pope@jcu.edu.au


Heather Gordon


Heather Gordon|Acting Deputy Vice-Chancellor (University Services) & Registrar

James Cook University