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INDUSTRIAL ACTION PROTOCOL FOR CPSU MEMBERS AT UNIVERSITY OF SOUTH AUSTRALIA
Members of the academics' union, the NTEU, have endorsed industrial action. This commenced on Monday 2 August.
This is in frustration with the pace of negotiations, and a failure to
gain ground on the threshold issues of academic workload and use of
casual academics.
The majority of the sticking points are academic issues and at this
stage it is our preference to continue bargaining on the issues
concerning professional staff. While we respect our colleagues stand,
we do not believe that there is a need to take industrial action to
resolve the current professional staff issues.
CPSU members have clearly indicated that we want to achieve the best
agreement for professional staff as quickly as possible. We will
continue to bargain in good faith negotiations and we will continue to
report back to members on the progress of bargaining.
Whilst CPSU members respect the right of unionists to take industrial
action, CPSU have not voted to strike or take industrial action and
unless you are on approved leave you are required to report to work on
Wednesday 18 August.
This is because CPSU members (and staff who are not members of a union)
are not protected to take industrial action under the Fair Work Act.
Only those members of staff who were sent a ballot paper for industrial
action are entitled to take protected industrial action for the day of
the strike. This means that all other staff, including CPSU
members, are required to either report for work or to have reasonable
grounds for not attending work on 18 August.
Under the Fair Work Act, failing to report for work may result in:
mandatory minimum loss of 4 hours salary
individual fines of up to $6,600
union fines up to $33,000 and
disciplinary action from the university
3 Reasons why the CPSU is not taking industrial action now
1. CPSU is
committed to bargaining in good faith on professional staff
issues. The issues of
contention are predominantly academic issues and CPSU
will continue to bargain on professional staff
issues.
2. The CPSU is
committed to our Log of Claims. This has lead our bargaining
strategy and
the CPSU remains committed to negotiating for the best
conditions and pay for
professional staff members.
3. Unprotected Industrial Action is Illegal
CPSU members, along with the entire trade union movement, successfully
campaigned against WorkChoices because it threatened our rights at
work. Unfortunately the WorkChoices era industrial action laws are
retained in the Fair Work Act. This means that unless you received a
ballot to vote you cannot participate in protected industrial action.
Industrial action protocol for the strike action planned for 18 August 2010
A picket line can be a legitimate part of industrial action to inform
staff, students, passers-by and visitors of the existence of an
industrial dispute.
For a picket line to be legitimate it must be recognised and endorsed
by the union community affected by the picket line. This includes all
unions at the workplace and SA Unions.
No picket line has been endorsed by CPSU or SA Unions.
The industrial action on 18 August does not include a legitimate picket line.
It is a union protest but not a picket line.
As the CPSU always advises members, you should work as outlined under
your position description and within your regular hours of work, and
not allow the possibility of accumulated work in light of one-off
events such as industrial action to motivate you to work beyond that.
CPSU THE UNION WORKING ON BEHALF OF PROFESSIONAL STAFF IN UNIVERSITIES
2 August 2010
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