Enterprise Bargaining

24 July 2013

Dear Colleagues

As you may be aware with classes due to resume next week, the NTEU has indicated that they will ramp up actions which are likely to affect students such as bans on teaching and continuing partial bans in relation to video conferencing. The University does not believe students should be forced to suffer because of a dispute between the University and some members of staff. In addition, the University is concerned about the possible impact of such bans on other staff.

As a result, the University has made the decision in accordance with section 471 (4) (c) of the Fair Work Act 2009, that JCU will no longer accept partial performance of duties from NTEU members engaged in:

  1. Bans or partial bans on teaching delivery and/or teaching related duties including lecture recording/capture;

  2. Bans or partial bans on the provision of technical support for video conferencing.

This means that if an NTEU member engages in these partial work bans listed in actions “a-b” above 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.

Effective immediately, NTEU members not willing to fulfil the full requirements of their position by undertaking the duties above, are not to attend work from the time that they commence industrial action until their normal finishing time. These staff members will not be paid for each day that they undertake the partial work bans listed above in actions “a-b” until they return to work willing to fulfil the full requirements of their position.

The University has decided to continue to accept the following partial work bans outlined below (actions “c to m”) and will continue to pay staff members engaged only in these bans their full wages:

  1. Bans or partial bans on preparation for or attendance at Discipline, Organisational Unit or Faculty meetings;

  2. Bans or partial bans on travel between campuses, including to Singapore;

  3. Bans or partial bans on the submission of invoices;

  4. Bans or partial bans on work on new capital projects;

  5. Bans on the use of Spendvision;

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

  7. Bans on collection or transmission of reporting statistics;

  8. 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 ;

  9. Bans by professional and technical staff on working outside their normal scheduled hours;

  10. Bans on the recording, or transmission to the employer of assessment results; and

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

NTEU members are also reminded that if they engage in work stoppages as listed below, they are to notify the University by booking leave through myHRonline 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.

Furthermore, NTEU members engaging in bans on the recording, or transmission to the employer, of assessment results are advised that they must provide their marked exam scripts and assignments which are JCU property to their Head of School as soon as possible.

Any staff member who engages in a stoppage of work or a partial work ban as listed in actions “a-b” above is required to notify the University to ensure that payment is not made for the total duration of the work stoppage. Staff are required to record their absences through myHRonline by:

  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.

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