Enterprise Bargaining

25 June 2013

Dear Colleagues

The NTEU has now given notice of further industrial action which will commence on Thursday 27 June 2013.

Non-NTEU members

Only staff 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 the imposition of fines for breach of the Fair Work Act.

NTEU members

The partial work bans for NTEU members at James Cook University are still in place and will continue until lifted by NTEU:

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

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

On 21 June 2013, the NTEU provided notice that NTEU members will engage in further industrial action as outlined below, commencing from 27 June 2013:

Industrial Actions – Stoppage of all work

  1. Ten (10) minute stoppages of work;

  2. One (1) hour stoppages of work;

  3. One (1) day stoppages of work;

Partial work bans

  1. Bans on the use of Spendvision;

  2. Bans on responding to enquiries, including by phone, email or in person (such as answering the door);

  3. Bans on the preparation for and participation in University marketing events, including Open Days, after-hours functions and graduation ceremonies;

  4. Bans on the collection or transmission of reporting statistics;

  5. The inclusion of statements in support of the Union’s bargaining claims and/or

explaining why the Union is taking industrial action in workspaces or offices,

in email signatures, phone messages and during the delivery of lectures, tutorials, laboratory classes, practicum and clinical education, including online delivery.

Payment and notification for stoppage of all work

Other than with respect to partial work bans, the Fair Work Act makes it unlawful for an employer to pay a staff member who is taking industrial action for the total duration that the staff member is engaged in industrial action. This is applicable to actions “a, b and c” above.

Any staff member who engages in the actions “a, b, and c” must notify the University to ensure payment is not made for the total duration of the work stoppage.

In order to notify the University, you are required to:

  1. Log on to myHRonline in the usual manner.

  2. Click on My HR tab, then Leave tab, then Leave Requests.

  3. Select Whole Day Request or Part Day Leave as appropriate.

  4. 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.

  5. From the drop-down menu under Reason select Protected Industrial Action.

  6. Click Insert.

Advice for staff taking protected industrial action

If you plan to take industrial action and are scheduled to teach from 27 June 2013 for the duration of the protected action, please make arrangements either directly or indirectly or through your Head of School to notify students in advance that the class will not take place.

Individual researchers should make their own arrangements either directly or indirectly to deal with possible absences that may affect their research work.

Any staff who do not perform their usual duties, including staff who cancel classes, will be considered to be taking industrial action, unless absent from duty on approved leave.

Any staff member who engages in the actions “a, b and c” must notify the University to ensure payment is not made for the total duration of the work stoppage.

Adverse action

The Fair Work Act 2009 prohibits a person from taking adverse action against a person because that person takes part in, or proposed to take part in, an industrial activity. Contravening these protections can result in penalties for an individual and for a corporation.

Importantly, please remember James Cook University is 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|Acting Deputy Vice-Chancellor (University Services) & Registrar

James Cook University