URGENT UPDATE ACADEMIC STRIKE Wednesday
16 September 2009
Members of the academics’ union, the NTEU, are taking industrial action on Wednesday 16 September 2009.
CPSU members have voted not to take industrial action but instead to continue to work in good faith with all the bargaining parties to achieve the best agreement for general staff as quickly as possible. This is what your CPSU bargaining team will do and we will continue to regularly report back to members on the progress of bargaining.
Whilst CPSU members respect the right of unionists to take industrial action, CPSU members are not on strike and unless you are on approved leave you are required to report to work on Wednesday 16 September.
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 that day. This means all other staff, including CPSU members, are required to either report for work or to have reasonable grounds for not attending work that day.
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 of up to $33,000 and
Disciplinary action from the University
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.
For more information contact:
Adrianne Harris– a.harris@unsw.edu.au 9385 3426
Deborah Encel – d.encel@unsw.edu.au 9385 3576
CPSU Organiser Blake Stephens 02 9248 3339
1.
CPSU members are committed to our Log of Claims.
The CPSU conducted extensive consultation through focus groups with members to develop our Log of Claims that details general staff priorities for UNSW. This has lead our bargaining strategy and the CPSU remains committed to it.
2. Negotiations are progressing
CPSU Members have decided that whilst negotiations are progressing the CPSU will continue to negotiate in good faith with all parties and there is no reason to take industrial action. The following motion was endorsed at the Members Meeting on the 4th September 2009:
This meeting of CPSU members endorses the CPSU UNSW Bargaining Team’s strategy to continue to work in good faith with all the bargaining parties to defend the gains the CPSU has made and to achieve the best agreement for general staff as quickly as possible.
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 on protected industrial action then you are not protected in taking industrial action, meaning that the full weight of industrial relations law and University disciplinary action can be used against you.
Three Reasons why the CPSU is not taking Industrial Action now
Industrial action protocol for Wednesday 16 September 2009
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. This includes all unions at a work place and Unions NSW.
Unfortunately there has been no consultation with the CPSU about the industrial action being taken by the academics union this week.
No picket line has been endorsed by the CPSU or Unions NSW.
THE INDUSTRIAL ACTION ON THE 16 SEPTEMBER 2009 DOES NOT INCLUDE A LEGITIMATE PICKET LINE.
IT IS A UNION PROTEST BUT NOT A PICKET LINE.
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