POLICY

1.            General Policy
The University recognises that its employees have the right to take lawful industrial action in accordance with the Fair Work Act 2009. The University must also continue to operate and provide quality services to its students, customers and clients during periods of industrial action. This policy has been developed to accommodate the obligations of the University to students and the wider community and to meet the requirements of the Act.

No staff member will have their pay debited if they attend work and perform their full duties.

2.           Protected industrial action
It is unlawful to harm or disadvantage employees in their employment because they have participated in protected industrial action, however unprotected industrial action exposes employees to the possibility of penalties both at common law and under the Fair Work Act 2009.

Industrial action is only protected if it occurs after the nominal expiry date of a workplace agreement (s.413), after the industrial action has been authorised by a ballot, and following at least 3 days written notice to the employer of any particular industrial action (s.414)).

Industrial action taken by non-union members will in most, if not all, cases be unprotected action..

 3.       Types of industrial action
       Types of industrial action include strikes, bans and stop work meetings. The Fair Work Act 2009 defines industrial action in s 19 as any action of the following kinds: 

“(a)    the performance of work by an employee in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work by an employee, the result of which is a restriction or limitation on, or a delay in, the performance of the work;

(b)     a ban, limitation or restriction on the performance of work by an employee or on the acceptance of or offering for work by an employee;

(c)     a failure or refusal by employees to attend for work or a failure or refusal to perform any work at all by employees who attend for work;

(d)     the lockout of employees from their employment by the employer of the employees.” 

        It does not include action by employees that is authorised or agreed to by the employer or action by an employee if the action was based on a reasonable concern by
        the employee about an imminent risk to his or her health or safety.

         Strike
         A strike is a collective withdrawal of labour, of varying duration, during which employees refuse to perform all work.

         Bans
         A Work ban is a refusal by employees to perform a particular work function or functions.

         Bans are a form of industrial action under the Workplace Relations Act 1996.

         Stopwork Meetings|
         An authorised stop work meeting may take place by agreement between the University and the relevant union or a group of employees. The University may
         sometimes find it convenient to authorise a stop work meeting, for example to allow a union to recommend an Enterprise Agreement to employees or to lift industrial
         action. A meeting like this, which occurs with the approval of the University, does not constitute industrial action. Likewise, a meeting held during a lunch break or out
         of ordinary hours would not constitute industrial action. 

         An unauthorised stop work meeting is effectively a short strike, and time spent at a stop work meeting that would normally be work time must be unpaid.

        Picket Lines
        Staff should make every reasonable effort to enter the campus but if prevented from doing so, they should report to the supervisor or manager of their area by
        telephone as soon as possible. The University will monitor the behaviour of picket lines and will attempt to ensure that unreasonable behaviour is minimised or
        eliminated. 

        Staff members wishing to cross a picket line, either on foot or in a motor vehicle, should be able to do so and should not engage in any altercation with picketers.
        Drivers of motor vehicles must not attempt to speed or drive aggressively through a picket line and should under no circumstances drive their vehicle in a way that
        threatens or causes harm or injury to any person. 

        The Full Federal Court has held that picketing is not in itself “industrial action” for the purposes of the Fair Work Act 2009 and it can never therefore be “protected
        industrial action”. Staff who absent themselves from ordinary duties to attend a picket line are treated as being on strike.

 4.         Payment during industrial action
        The Fair Work Act 2009 provides that in the event of a strike, the employer may not make a payment in relation to the total duration of the strike.  However, if the
        industrial action is in the form of a partial work ban, the employer may elect to reduce an employee’s wage by a specified proportion rather than to pay no wages at
        all.  A decision to reduce an employee’s wage by a specified proportion may be reviewed by the Fair Work Authority in the event of a dispute, so any such decision
        must be reasonable in the circumstances.  The University reserves its right to choose whether to reduce an employee’s wage by a specified proportion, and by what
        particular proportion.

        In the event of unprotected industrial action the Fair Work Act 2009 provides that a minimum of 4 hours pay must be deducted regardless of the length of the action.

 5.         Leave during industrial action
        Supervisors have a responsibility during periods of industrial action to ensure that operational requirements continue to be met and that staff who are not participating
        in industrial action attend work.

        If a leave arrangement is made and approved correctly and well in advance of the industrial action the arrangement should not be cancelled. Prior arrangements to take
        flexi time or some form of time in lieu may need to be cancelled. If the supervisor does not wish to cancel such an arrangement they should satisfy themselves that the
        arrangement was made well in advance of the industrial action; will not impede operational requirements being met and is in accordance with University policies. 

        In other cases, supervisors should not approve any form of absence from work, including work from home arrangements, leave applications, time in lieu arrangements,
        rostered days off and other short term leave unless the supervisor is satisfied of the following:

        a)        operational requirements will be met
        b)        the proposed arrangement is not designed to avoid obligations to attend for work during periods of industrial action;
        c)        applications for Personal Leave  must be supported by a medical certificate.

6.           Responsibilities of supervisors
Unless they are participating themselves in the industrial action, supervisors are responsible for minimising any disruption to the normal work of the University. 

This includes:

• advising other staff of their rights and responsibilities;
• advising students of teaching and other arrangements during a period of industrial action;
• ensuring that employees they supervise are correctly paid during periods of industrial action;
• reporting as directed on any aspect of the industrial action to the relevant university authorities.

7.           Responsibilities of Staff
Staff are responsible for advising the University whether they participated, or are participating, in industrial action. 

8.           Superannuation During Strike Periods
Staff participating in the strike will not have superannuation contributions made for the period they are on strike as this is not approved leave, therefore no employee or employer contributions will be remitted to a superannuation fund on behalf of these staff.  Staff members will have the option of maintaining both employee and employer superannuation contributions for the period of the strike, but the option to maintain employee contributions only will not be available.