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I write to remind all NTEU members engaged in work stoppages and/or partial work bans as listed below of their obligation under the Fair Work Act to book leave without pay. Under S 470 (1) of the Fair Work Act JCU is prohibited from making payments to employees who engage in protected industrial action. Under s473 of the Act staff members engaged in protected industrial action must not accept a payment if it would lead to the employer contravening s470.
NTEU members are reminded that if they engage in work stoppages as listed in below, that they are to notify the University by booking leave through My HR Online as per the process below. Work stoppages as notified by the NTEU are:
Ten (10) minute stoppages of work;
One (1) hour stoppages of work;
One (1) day stoppages of work;
Indefinite stoppages of work.
Where a staff member engages in this stoppage during a designated break they are not required to book leave without pay. However where work is ceased or disrupted leave must be booked.
Partial work bans
NTEU members are reminded that if they engage in the partial work bans listed below, the University under section 471(4)(c) of the Act will not accept partial performance of the duties for any day on which the staff member engages in the partial work ban. This means that Staff members that are not willing to fulfil the full requirements of their position by undertaking the duties below are not to attend work from the time that they commence industrial action until their normal finishing time.
Bans or partial bans on teaching delivery and/or teaching related duties including lecture recording/capture;
Bans or partial bans on the provision of technical support for video conferencing;
Staff members undertaking the partial work bans listed below will not be paid until they return to work willing to fulfil the full requirements of their position.
Staff members undertaking the partial work bans above are to notify the University by booking leave through My HR Online as per the process below.
Notifying the University
Log on to My HR Online in the usual manner.
Click on My HR tab, then Leave tab, then Leave Requests.
Select Whole Day Request or Part Day Leave as appropriate.
From the drop-down menu under Leave Code select Leave Without Pay and indicate the number of hours you plan to be on strike or were on strike.
From the drop-down menu under Reason select Protected Industrial Action.
Please note that the stand down code on My HR Online does not relate to protected industrial action and should not be used.
For further advice on this matter
Please contact, Belinda Pope, Associate Director, Workplace Relations on 47814129
Heather Gordon|Acting Deputy Vice-Chancellor (University Services) & Registrar
- James Cook University
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