Victorian Inquiry Into the Labour Hire Industry and Insecure

Work NTEU Submission

Recommendations (Pages 39 & 41)

That the State Government establish a Secure Work Ombudsman/Commissioner which:

• has responsibility to pursue actions which reduce precarious work and increase secure work;• advocates for secure work in all sectors of the Victorian economy;• investigates employers exploiting precarious workers;• resources prosecutions against employers exploiting precarious workers;• assists precarious workers and their unions obtain more secure work, including through securing and enforcing conversion provisions;• shares successful experiences; and• reports on compliance by employers.

That the State Government audit all public entities, including all universities and TAFE institutions, to identify the extent of precarious work in these entities, including the level of reliance on precarious work by those entities.

That the State Government convene a tripartite committee at each public entity identified as relying on precarious work to:

• identify measures to eliminate precarious work;• implement measures to eliminate precarious work; and• report on the elimination of precarious work.

The Secure Work Ombudsman/Commissioner could have responsibility for all elements

of the secure work agenda of the State Government, including implementation of other

recommendations such as those in this submission and in other union submissions.

That the State Government encourage entities funded by the State Government that employ

fewer than 100 full-time equivalent persons annually to negotiate appropriate Multi Enterprise

Agreements by the inclusion of incentive payments and structural support in funding

agreements. Such incentive payments and structural support would at least offset the cost of

participation in MEA negotiations and MEA implementation.

That the State Government prohibit sham contracting in agencies or entities funded by

the State Government.

Further Information

Dr Colin Long, Secretary, NTEU Victoria, clong@nteu.org.au (03) 9254 1930

Josh Cullinan, NTEU Senior Industrial Officer, jcullinan@nteu.org.au 0416 241 763

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Page Contents

1 Title & Recommendations

2 Contents

3 Introduction

4 University Sector

4 Extent of Casualisation

6 Direct Cost Benefit of Casualisation

8 Second Class Employment

9 Employer Argument of Short Term Need

9 NTEU Membership

10 Experience of Casual Workers

10 Financial Hardship

15 Future Work Insecurity and Anxiety

18 Exploitative Unpaid Work

21 Threat of Adverse Consequences for Complaining

23 A Case Study – Swinburne University of Technology

23 Systemic Casualisation of the Academic Workforce

26 Phoenixing Activity

29 Contracting out of non-academic casual staff work to labour hire agencies

30 Exploitation of low pay and insecurity to cut conditions

31 Other Examples of Inappropriate Conduct

34 Summary of NTEU Experience and Worker Stories/Submissions

34 The Role of Higher Education

35 The Public Good and its Historical Prevalence

36 Victoria’s commitment to Education, Workers’ Rights & the Public Good

39 University & TAFE Recommendations

40 Adult & Community Education Sector

40 Recommendations

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The National Tertiary Education Industry Union (NTEU) represents workers in the

higher education, tertiary education, adult education and research institute sectors. The

Victorian Division of NTEU represents almost 10 000 members working in these sectors

in Victoria.

As part of assisting the work of the Inquiry, NTEU encouraged its members to make

submissions using a special online submission form. Those submissions were collated by the

Victorian Trades Hall Council (VTHC) and submitted separately to this submission. This

submission draws on some of the experiences included in those submissions, as well as many

other experiences and evidence.

NTEU has had the opportunity to review the submission of the National Union of Workers

(NUW) and VTHC, and endorses and supports those submissions.

NTEU members work across a diversity of employers. They include:

• Universities, established under Acts of State Parliament, and their subsidiaries;

• TAFEs, established by State Government and managed by Boards;

• Research Institutes, affiliated to or standing alone from universities, usually non-profit

and largely publicly funded;

• Labour Hire agencies providing services to employers, particularly universities;

• Neighbourhood Houses and Adult Learning Centres, largely funded by Government;

• Private Providers such as “Navitas Limited” which provide services to or direct entry

pathways for universities; and

• Student unions.

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University Sector

Universities in Victoria are public sector agencies, established by Acts of State Parliament

and controlled by ‘University Councils’ established under those Acts. Further, universities

are Public Authorities for the purpose of the Victorian Charter of Human Rights &

Responsibilities Act 2006.1

Extent of Casualisation

Whilst the extent of insecure work differs between institutions, it is beyond doubt that the

Victorian Higher Education sector suffers substantial and endemic casualisation. This is not

particularly unique to Victoria, Australia or the developed World. A burgeoning field of

academic review analyses the precariously employed academic. In Ravinder Sidhu’s

review of a new book on related matters, she bemoans the situation neatly:

As Rosalind Gill (2009) and others have argued, universities are not only rarefied

havens of refined culture; they are also sites of endemic insecurities and outright

exploitation. The precarious conditions of many early career and sessional academics

are enabled by the complicity of well-placed, highly-paid staff in the upper echelons

of university hierarchies. Deals made with research ‘stars’ who demand special

conditions—above-market salaries, light teaching loads, a war chest of research

funds—are often sealed without discussion with rank-and-file academics. They

produce a polarised and stratified culture….2

Until recently, due to the mechanisms of reporting, there was little information available

about the true proportion of the academic workforce employed in precarious work.

Historically, a simple flawed metric was used by the Federal Government to record the full-

time equivalence of casual staff at institutions – based on the extrapolation across a 52 week

year of 9 hours per week of lectures being one full time equivalent staff member, and 25

hours per week of tutorials being one full time equivalent staff member. A non-casual

academic might teach between 6 and 10 hours of lectures and tutorials across 24 or 26

weeks per year.

1 See McAdam v Victoria University & Ors (Anti-Discrimination) [2010] VCAT 1429 (3 September 2010)2 Sidhu, R, Australian Review of Public Affairs, “Beyond Neoliberalism: Universities and the public good”, 2015,viewed online http://www.australianreview.net/digest/2015/11/sidhu.html

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This system of reporting – and the largely fractional nature of casual academic work - was

estimated to discount each full-time equivalent academic staff member by a factor of between

5 and 10. For example, of the reported 244 FTE casual academic staff at Swinburne

University in 2013, NTEU knows there were approximately 1500 to 1800 persons employed

on a casual basis in 2013. This indicates a factor of 6 to 7 needs to be applied to the old

metric to obtain a headcount of real people.

The heavily limited information is starting to change: with a combination of information

sourced from Workplace Gender Equality Agency (WGEA), university annual reports and

NTEU analysis, we can start to piece together the number of casual staff employed by

universities.

The 2014 Annual Report for La Trobe University indicates that its 602 FTE casual staff in

2014 included about 3700 people – or 6 people per full-time equivalent casual staff member.

In the ballot for a new Agreement to cover all La Trobe University employees in May 2014,

the employer included 3733 casual staff of a total of 6702 staff employed at the time.

In September 2014, a ballot of all 12 882 staff employed at the time at Monash University

included 5 868 casual staff. In May 2014, a ballot of 7 096 non-TAFE staff employed at the

time at RMIT University included 3 597 casual staff. The WGEA reporting of RMIT

University for 2014/2015 states about 6300 of the 10300 staff employed were employed on a

casual basis (both figures including non-academic staff.)

NTEU estimates between 50% and 60% of all staff working in public higher education

institutions in Victoria are employed on a casual basis. There is a further substantial

proportion of staff on fixed term contracts – as many as half of non-casual staff in some

institutions.

The Federal Government “uCube” higher education statistics3 reports in 2014 in the state of

Victoria that there were 9823 FTE non-casual academic staff and 16 809 FTE non-casual

non-academic staff (a total of 29 632 FTE non-casual staff.) NTEU estimates this represents

about 35 000 people and there are at least a further 35 000 casual staff engaged in the public

universities in Victoria (or about 70 000 total persons.)

This compares to 24 726 employees in the Police and Emergency Services in Victoria, 76 675

employees in Victorian Government Schools and 104 312 employees in Victoria’s Public

3 http://highereducationstatistics.education.gov.au/

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Health Care system.4 Clearly, Higher Education involves some of the biggest public entity employers and is amongst the largest public sectors in Victoria.

Direct Cost Benefit of Casualisation

In tertiary education the casualisation of work is often tied to a simple labour cost economic

argument that is true in part. Many weeks a year – ten in TAFE teaching and up to 26 in

University teaching – don’t involve face to face teaching work. In universities there are many

weeks of preparing for classes and marking assessments outside of the traditional face-to-face

teaching periods as well.

However, this disguises very substantial direct cost savings related to casual academic staff

in higher education compared to most other industries. The casual loading is generally

intended to compensate for loss of minimum paid entitlements to annual leave, sick leave,

carers leave, public holidays and redundancy. In the higher education sector, enterprise

agreements are in place that cover all higher education workers at universities.

Those agreements provide paid conditions which generally are offset against what would

otherwise have been higher wage arrangements. That is, workers are essentially paid a lower

wage for beneficial conditions including:

• 17% superannuation;

• 26 to 38 weeks paid maternity leave;

• 26 to 38 weeks paid adoption leave;

• 10 to 15 days paid partner leave;

• Substantially higher than minimum-standard redundancy entitlements;

• Incremental advancement through classification pay levels; and

• Paid personal leave in excess of the statutory minimum.

The critical issue is that these arrangements are not applied (at all) to casual workers in the

sector. Their wages are tied to the lower wages of non-casual staff, and although they

receive a 25% loading, this is insufficient to make up for the beneficial conditions that they

do not receive.

4 http://vpsc.vic.gov.au/about-public-sector/composition-of-the-victorian-public-sector/

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Superannuation on its own is worth 7.5% of income. Increments for a casual academic

otherwise appointed to Level A Step 2 would be worth 28% if they were permitted to

incrementally progress to Level A Step 8 like non-casual academic staff. Similarly, other

common non-casual pay point progressions would include Level A Step 6 to Level A Step 8

(worth 7%) and Level B Step 2 to Level B Step 6 (worth 14%.) Basic promotion from Level

A to Level B could see (over 5 to 10 years) progression from Level A Step 2 to Level B Step

6, which is worth approximately 60%.

The critical point with this is that a casual academic staff member converted to ongoing

employment even on a part-year or annualised hours model would immediately benefit from

7.5% better superannuation and over 5 years an A2 appointee would benefit from 28% more

in direct wages. This 35.5% higher wage (after 5 years and not compounding the

superannuation on the A8 wage) more than offsets the 25% casual loading – and the ex-

casual staff member would be entitled to all the other benefits of non-casual work such as

paid leave, redundancy and the like.

Semester-by-semester employment patterns, combined with the financial savings from

casualisation, provide real incentives for employers to render employment insecure, while

making it very difficult for casual workers in higher education to escape the insecure

employment trap.

Of course, these arrangements do not come about by accident. We know the casual

academic workforce has a much higher proportion of female and younger employees than

the non-casual academic staff cohort. The chart below draws data from Unisuper5 – the fund

for almost all workers in Higher Education – and identifies a clear and unequivocal trend for

casual workers to be younger, and much more likely to be women than non-casual academic

staff workers.

5 The 2010 chart is unpublished and from the work of Dr Robyn May as part of her Doctoral Thesis, “The determinants of the casualisation of academic employment in Australia, and implications for employees, university managements, and public policy” which was part of an ARC Linkage project: Gender and Employment Equity: Strategies for Advancement in Australian Universities. The Unisuper data for persons referred to in the chart as “casual” is from a ‘fund’ which is likely to include some short term contract staff. Since that form of work is precarious the same point can be drawn from the information.

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Second Class Employment

The Australian higher education academy (primarily in its non-casually employed form) has

long laboured under the delusion that there is a fundamental nexus between teaching and

research that cannot be broken at any cost.

The romanticism that teaching informs research and research informs teaching is easy to

understand – particularly for those in secure tenured roles with relatively low risk of job

insecurity. Here the mantra of “there shall be no teaching-only roles at universities” is held in

high regard. In turn, the Academy decries conversion and similar arrangements, which

purportedly don’t ensure “merit based selection” to the protected enclave of the Academy. In

so doing, the Academy denies the existence of the vast majority of academic staff.

The facts of the scale of insecure work in Australian higher education institutions renders this

romantic view not only redundant but dangerously so: the vast majority of academic roles are

teaching only – or at least only teaching is paid, with many casual academics carrying out

research in their own time. The insecure worker is beaten on both sides – an employer

delighted with its low wage workforce, and a profession fantasising a bygone era unprepared

to grasp the reality of the modern university workplace.

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This becomes a matter of serious economic, social and gender injustice when we note the

benefits to which casual staff are not entitled are substantially subsidised by the low wages

paid to casual staff. These casual staff are younger and more likely to be women than the

workers whose conditions they subsidise.

Employer Argument of Short Term Need

At a micro level, many casual staff believe employer rhetoric that ‘class numbers’ are

unknown until shortly before teaching periods commence. While ‘final class numbers’ won’t

be known, a broad understanding of class numbers are known well ahead of teaching periods

and cyclically can be understood with more certainty than the work security variables in

other sectors.

For example, Southern University knows it will teach Engineering in 2016. It knows it will

have between x and z tutorial classes in particular units. The argument the actual classes (y)

is unknown does not prevent Southern University staffing x number classes well before

teaching periods commence – even a year before could be reasonably foreseen.

In essence, the seasonal nature of teaching periods, and the minor variation in class numbers,

should not be impediments to finding solutions which deal with the harsh, unfair,

unreasonable and unjust experience of tens of thousands of Victorian workers in the tertiary

education sector.

NTEU Membership

NTEU has almost 10 000 members in Victoria.

NTEU has approximately 26% density amongst non-casual staff in Higher Education, and

3% density amongst casual staff in Higher Education. Despite very large employers, the work

is largely individualised (one tutor per class) and seasonal (semesters.) Like many other

unions, NTEU has struggled to organise casual workers despite reasonable effort.

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Experience of Casual Workers

Much of the information described above is unknown to workers in the Higher Education

sector. Through a complex array of industrial arrangements – including superannuation trust

deeds, contracts of employment, statements of engagement, enterprise agreements, Modern

Awards and legislation – a clear picture has taken years to develop for seasoned industrial

participants.

That said, most casual workers are aware of some injustices, and of significant casualisation

of the sector. As part of its participation in the Inquiry submission process, NTEU has

encouraged and solicited almost 100 submissions through the Secure Work portal established

by the Victorian union movement. NTEU understands those submissions have separately

been formally made to the Inquiry. Whilst some submitters have chosen to remain ‘publicly’

anonymous, they have all made the submission formally with personal details available and

should be treated as authentic.

In this section, we draw on those experiences to highlight four categories of issues faced by

insecure workers in the Tertiary Education sector:

1. Financial Hardship

2. Future Work Insecurity and Anxiety

3. Exploitative Unpaid Work

4. Threat of Adverse Consequences for Complaining

This set of experiences is an unprecedented snapshot of the gross exploitation in the tertiary

education sector. It must be a catalyst for change.

Financial Hardship

I spend November to early February unemployed, and have so now for 8 years. Through my nine months of work I save up for the next three months, because I know I will be unemployed. Anonymous, RMIT

As a mother of two young children, I had to organise childcare in order to work, but childcare arrangements (in childcare centres) have to be made 6-12 months in advance of teaching timetables being finalised. …if a class is timetabled when you don't have childcare in place, you can't take the job. I am only able to continue the work I do as a sessional academic (with a PhD!) because of my husband's job, which is a full-time, salaried position. Fincina, Tertiary Education

Between semesters I am unemployed - a period of about one month in winter or three months in summer. I save and pay my rent in advance over summer, often living off a credit card and paying it back once the following semester begins. I cannot think how much worse this

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situation would be if I had commitments such as a mortgage or children. Lachlan, Victoria University and Swinburne University

I have never had a day's sick pay or holiday pay my entire life. I have supported my family all my life under these conditions. Currently my husband and son are both chronically ill and I support them both. Over the long teaching breaks (school and university holidays) I always end up having to buy basic essentials on a bank card. This year, for the first time, I applied for Centrelink for the times I am not teaching, so at least I get some income over these periods. In 2006 I was diagnosed with breast cancer, but I still worked through my chemotherapy and radiotherapy, partly because I needed the money. I struggle financially because there are such long periods in the university year where there is no money coming in. I think I have covered this in my answers above. Inability to look after my son properly and to pay basic bills is the main one. Not having enough money to even cover costs that are required for me to even be employed, even basic things such as travel and parking to get to work are expensive as is equipment. Anonymous, Tertiary Education

Despite working for 5 consecutive semesters (3 years) as a casually employed sessional tutor, I did not qualify for maternity leave from either the employer (I'm a casual with no entitlement to sick, maternity, long-service etc leave) or the government (because I was "unemployed" across the semester breaks and lost the continuity of employment required). I work hard, I pay taxes, I want to survive. It is so very hard. Anonymous, Tertiary Education

Three-monthly contracts do not enable personal financial security. I was only able to 'pay' food and rent by staying with my elderly parent and living below the poverty line.Anonymous, Tertiary Education

Some of us had to make emergency child care arrangements. I had to spend my entire wage on childcare because I wasn't told of the extra commitment. I can only pay bills and food and rent because my husband has an ongoing job (although it is not particularly well-paid, at least it is reasonably secure). We are trying to save for a home. We have made some progress, but since having a child, it is increasingly difficult for me to find ongoing work (people always ask if I have a child or am going to have more, etc). Without me in an ongoing part time or full time job, we cannot get a home loan to enable us to afford a house within a reasonable travel distance to the universities that have work for me. Too far away and the travel and childcare costs are more than the pay I get. I am really worried that I will finish my PhD (I also have a Masters in Clinical Psychology), there will be nothing. No job security, no financial security. How can that be when you have the highest level of education one can get, and significant teaching and clinical experience? Anonymous, Tertiary Education

Since the work is only for 12 weeks at a time, my childcare roster does not always relate to the actual days of work that I have. I am lucky in that my partner works full time, but otherwise I would not be able to survive on the available hours I had. One co-worker who did rely on this work said he was struggling, particularly because they would cut our hours wherever possible. Rufaro, Tertiary Education

So between November and March I depended on the age pension supplemented by a credit card and drawing down my superannuation. Barb, Swinburne University

I do not receive any income between November and March which makes surviving Christmas difficult. I am reliant on Centrelink payments to survive. Anonymous, La Trobe University

I have no ongoing contract and I do not receive sick pay or holiday pay. Being a casual worker makes it difficult to plan my finances and I have no job security. Anni, Tertiary Education

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No sick leave, no income outside reaching weeks (10 weeks per semester) Liz, Tertiary Education

I have to find ways to make my wage from 30-or-so weeks of employment each year last all year. There have been times between semesters, especially over the lengthy end-of-year break, when I have had to borrow money to pay my rent and bills. Sarah, Australian Catholic University

I was always behind with paying bills and didn't know if I would be able to keep my home. I was highly stressed. I have now moved overseas to gain secure employment and have got my life back. Anonymous, University of Melbourne

If I don't work I don't get paid. I am a sole parent, my father died, and my daughter has a mental illness, I had to take time off work, but was not paid for this time off. Bridget, La Trobe University

Every day I think of only one thing: do I get paid tomorrow? Let me be honest here, I hate public holidays and especially Christmas, since I don't get paid on those days. Every day of public holiday cost me a lot of money. Anonymous, RMIT

More often than not the amount of work offered is not enough to survive on. I have lived with financial insecurity for many years and it effects my relationship with my partner, and keeps me in a state of continuous uncertainty. I can't go for on-going positions without a PhD and it’s very hard to keep up with my research when I am having worry about how I will survive financially. Anonymous, Deakin University

I think the start of semester is always worrying, because you have not worked for a long time and then you have to wait four weeks before the pay comes in. Anonymous, RMIT

I had long periods without pay over the Christmas break and holiday periods which my income didn't cover. When I was sick I wouldn’t be paid. My income was so low it was really comparable to being paid in a low skilled job. In the holidays there's no money. I had to rely on my parents during this time as my partner wasn't working. Basically I had no financial security, often having to take out payment plans to pay my bills. It was stressful because all of the work in this sector is casual. It’s not like going to another institution would be better. I felt really trapped in this employment. Anonymous, Victoria University

I have been able to secure a mortgage with the help of my ex-husband but would not have been able to purchase a house without his help due to my employment situation. The mortgage is now under my name but I cannot borrow against it because I don’t have a secure job. For me it's a constant battle with stress and depression due to my work situation. To help pay the bills I clean houses. Going from full time to 1 day a week was very hard, being a single parent with a mortgage. Anonymous, Deakin University

When l left my husband I couldn't get Benefits. I had to stay in my marriage where all the funds are controlled by my husband. Anonymous, Australian Migrant English Service (AMES)

My daughter was hospitalised for an operation and I couldn't take leave, which was incredibly stressful. I also felt uncomfortable because people in my unit talked to me like they were doing me a 'favour' by giving me casual rates. But I would rather have the secure employment and access to leave. When a manager explained that he'd changed the 12 month request for funding down to 10 months for the next year because "I would want a holiday", I couldn't believe it!My kids and I still have bills over the summer, just like him and his kids. I had to borrow money from extended family. Anonymous, RMIT

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Relying on Centrelink to exist for the remainder of the year. Anonymous, Tertiary Education

I am completely reliant upon my partner and parents to cover me financially. Elizabeth, Tertiary Education

Being casual, if i was sick or unable to teach, then I wouldn't get paid. I have lectured with the flu before. I have had a friend who gave a lecture after finding out his friend had died. He had rent to pay! If I hadn't picked up work in another entire school, I would not have been able to pay rent. Anonymous, Tertiary Education

Had to come sick to work many times. With no income between semesters, with a low income during semester, it’s hard to pay bills and rent. Debts and a growing gap between my children's kinder and schooling costs and our joint income. This is very stressful and distressing. We are almost without any savings left. Anonymous, Monash University

Due to the precarious nature of tutoring I can pay bills and afford food, though the work is only available for half of the year, so what I earn during semester also needs to be stretched out into non-semester periods. James, University of Melbourne

We receive no benefits of any description. It is very difficult to live on this sort of money. It is depressing. I feel degraded, demoralised and I don’t see any future for myself in this field, but I can’t afford to retrain and I am too young to retire. Anonymous, Deakin University

Childcare places are very hard to come by, particularly when you receive last minute or sessional casual work. I had to get a family member to care for my child or couldn't work additional hours. Anonymous, La Trobe University

Because of irregular income, what savings I had got spent between semesters. That means no mortgage savings, no possibility to build long term security. When my daughter was born, I couldn't afford to keep her in day-care over the summer, putting at risk her spot for the following year, meaning there was a chance I wouldn't have childcare when semester started.Kim, Deakin University

An ongoing struggle to arrange and provide care and attention for my children. I still live like I'm on the breadline so I can keep paying bills and mortgage when I don't have any income like now. I'm living off savings. Annabelle, Deakin University

Taking leave for sickness for compassionate reasons (the death of a loved one) never feels like an option as a casual/sessional. Not only would this mean not getting paid that week, but I'd feel like I was letting my students down and rescheduling classes often seems to be more trouble than it's worth. In 5 years I have never called in sick, although at times I know I should have done so. Anonymous, Deakin University

At the start of one year, I had been handing in my time sheets as usual, and didn't even realise I hadn't been paid until I was unable to pay for my groceries. There had been a change to the contract system, and I was supposed to have received a new contract, and signed and returned it. But I didn't receive the email with the documents, and they weren't sent to me by post either. When I contacted the payroll department, I was told to log in to the staff portal, but as a casual, I didn't have access to the portal. My manager did everything she could to sort it out quickly, but it took over a week to get paid, and I was unable to buy food during that time, as I was completely broke. I even missed out on going to my friend's wedding because I couldn't afford the train fare. Anonymous, Centre for Adult Education (CAE, a wholly owned subsidiary of Box Hill Institute)

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This means that the summer is bereft of income and I rely on work to come in in March to make it through the next year after a lean summer break. This poverty over summer is especially burdensome because it is usually the time when people are relaxing and enjoying holidays but I have to pull the belt in and refrain from any activities beyond basic living. Even a car trip has to be carefully considered for its benefit. If I don't have more than one errand to do in a trip I won't go out of the house until I have several errands to do in one go. This year I was not offered teaching in March and I had to apply for unemployment benefits and was pressured to find work. I already work a second part-time job and I am trying to complete a PhD.It is so stressful keeping a roof over my head that it prevents me from completing the PhD which I am partially doing to improve my work opportunities. It is impossible to plan anything in the future because I never know how much money I will have. I never know whether I should spend the little savings I do have because I might need it for an emergency one day and I may not have a steady income. It is like living in jelly unable to move. When there is a lack of income and no future prospects it is easy to fall into desperation. You imagine having to move to cheaper accommodation and having to sell your belongings to be able to fit into cramped conditions.It is then almost impossible to think clearly enough to get yourself out of the situation. Claire, Deakin University

It can be difficult to work a manageable load during the year because you feel you must earn enough to cover the periods you are not employed. This means during school time when I would like to be around more for my kids I am working more than I would like. Lindy, University of Melbourne

I continually lived with the worry which has now become a reality and am struggling emotionally and financially as a result. Anonymous, University of Melbourne

While my partner (who was in secure work) was able to support me so that rent and food were not an issue, I was often very stressed about what would happen if the relationship ended and I had no way to afford rent and food for myself. Katherine, Tertiary Education

Finally the 6 weeks break during Christmas/ New Year Period is a financial strain... there is virtually no pay and you have to try and "save" to supplement this period. It is very difficult when another 6 weeks of no pay occurs also during the year, let alone the occasional public holiday thrown in here and there. I am seriously contemplating leaving the profession only after 2 years it's just too insecure to live on. Anonymous, Swinburne University & Another

I am fortunate to be older and have some assets put aside so that my daily expenses could be managed. This was relied upon particularly during the long summer break, but did not stop me from looking for other casual work in the meantime. Many of my colleagues did not have the advantage of a nest egg. Anonymous, Monash University

The time worked on casual contracts is not recorded or acknowledged. I have been working in this way for approximately 3 years now - on and off for various projects. Recently my husband and I purchased our first home together. I already owned a small property at Rye (inheritance) which I have been paying the mortgage for 15 years. In refinancing for the new purchase, because of my insecure work situation, I now must have my husband listed as a co-mortgagee on the property in Rye. I feel humiliated and angry that because of the casual work situation, I was not seen as a reasonable risk, even though my previous mortgage payments showed otherwise. Anonymous, RMIT

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Future Work Insecurity and Anxiety

However, I don't know about the following year's employment, so the summer holidays are a period of anxiety for myself and my family. Anonymous, RMIT

I love the work I do, I have spent years training for it, and I know I'm good at what I do. But I'm now 42 years old, still without a secure position and so I have been considering leaving the tertiary sector altogether. Fincina, Tertiary Education

Many people in my position do not know whether they will get a contract for a semester (12 week teaching period) until immediately prior (e.g. the week before) or, sometimes, until after they've already started working. Even if I teach one semester, I have no idea whether I will receive a contract the following semester, or (if I do) how many hours per week it will consist of. Lachlan, Victoria University and Swinburne University

This kind of schedule and the unpredictability of my employment creates enormous stress and insecurity and has impacted on my health. My main problem is stress related because of the very long and unpredictable hours I work. When work is available, I take on more than I would like to because I am trying to ensure I have enough money for the holiday periods. As a result, I get extremely tired and stressed. Anonymous, Tertiary Education

It is not clear whether casual contracts tutoring will be offered in the future. Anonymous, Tertiary Education

My job, which I had been employed in for nine years on a casual, three-monthly contract was never stable. Anonymous, Tertiary Education

I dare not take a semester away from teaching because I fear I will not be able to find work again. I returned to work when my son was 3 months old. Anonymous, Tertiary Education

Because of the short term nature of this job there is basically no job security at all - you just have to wait and hope you get chosen for the next semester. Rufaro, Tertiary Education

While my hours are predictable during the semester, I have no way of knowing when I will no longer be offered employment. There are new PhD candidates that could/will be offered the sessional work I have been completing. I am replaceable, and with the University's push to entice more PhD candidates every year it is only a matter of time before I have no employment at all. Anonymous, La Trobe University

The only staff member in the Course who is not a casual is the coordinator. Anni, Tertiary Education

Stress. Inability to plan. Insecurity about the future. Insecurity, concern and stress about the future. Stress around not having an idea of what to plan for in terms of schedule. Anxiety about whether I will be 'good enough' to get more stable employment. Anonymous, Monash University

No certainty of securing a sessional contract until semester about to start. No job security. No confirmation of a contract until week or two prior to semester start. Liz, Tertiary Education

If I needed to be absent during university semester, then I would not receive any pay, and if this was to be for more than 1 week, then being selected as a tutor that semester would not be likely. This happened to a fellow tutor who was to be absent for the first 2 weeks of semester to present at a conference overseas.

Due to this absence (which was to present research work conducted at the university) she was not offered a tutoring role that semester. This then had flow on effects on her ability to finance the remainder of her studies. At the end of each semester, I have no guarantee that there will be a role for me the following semester. This is particularly true for the end of

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2015. The subject in which I have been tutoring will no longer be a core subject in 2016. As such, exact enrolments and therefore the number of tutors required, will not be known until the end of February. I have applied to tutor in the new core subject, but won't know the outcome of this until the end of January. David, University of Melbourne

…no indication of whether there will be ongoing employment at the college where I work. Because of insecure employment I have had to put on hold sponsoring my partner to immigrate to Australia for fear that Immigration would consider me unable to financially provide for him during his settlement period. This has also meant that we have been unable to have a family. Anonymous, Swinburne University

I do not know whether I will be able to get another job once the current semester finishes.Bridget, La Trobe University

I can't plan to have children because I do not have a secure job to afford it. Why should I risk it and bring a new person in this world? Anonymous, RMIT

I am still working on my PhD and rely on casual teaching for my income. However, I never know just how much work I will be offered until a week or so before the Trimester starts.Anonymous, Deakin University

Difficult to plan financially and the uncertainty of work and income insecurity was a worry for me personally, as the main household earner. Anonymous, Tertiary Education

It's very hard to plan for the next month because I don’t know if I’ll have any work. I know that I have work until December and then there will be nothing for me until extra funding gets allocated, which could mean I won’t have an income for months. Anonymous, Deakin University

There is no job security. Most terms I don't know if' I'll get a class to teach, therefore I am not sure of income each term, until the last Thursday or Friday of the term break. Sometime not even till term commences. One term I lost my class after a month without prior warning that it was funded short term. I am never offered full time hours even though I usually state great flexibility and desire for more hours.

I suffer extreme anxiety at the end of every term > not knowing if I will have a job the next term, waiting for a call, and then accepting whatever is offered because the alternative might be nothing at all. Anonymous, Australian Migrant English Service (AMES)

You don't really know if the job will be there next semester and you only work for two 12 week semesters per year. Anonymous, Tertiary Education

I have not yet been guaranteed work next year. I am being hired each semester for different subjects, dependent on the work loads of permanent staff. If the roster will allow it, their workloads will be packed full and I will have nothing. Anonymous, Tertiary Education

I am constantly worried that my position or hours will be significantly cut, particularly since I work in sectors under funding pressure. It is unpredictable and I often only find out at the very last minute whether there will be any work. Anonymous, Deakin University

My school at the university doesn't notify staff of their employment until a few weeks before semester begins. For semester 1 work, that is three months over summer without knowing if you are going to be working. At the beginning of this year, i was told at the very last minute I didn't have any work (while realistically, they could have told me many months prior).Anonymous, Tertiary Education

I never have a clear idea if I will be employed again next semester, cannot get a mortgage without permanency. Anonymous, Monash University

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Tutors are contracted for single semesters with no guarantees of future work. The amount of work I do during semester impacts upon my ability to study and gain my qualification that will grant me access to future employment opportunities. James, University of Melbourne

Working casually is not a secure, long term career. I'm uncertain where I will be working in the future. Anonymous, La Trobe University

I have been on one contract after another, doing the same role, for almost 6 years. This has made it hard to get finance for a home loan as it is not considered "permanent" work. Also added stress each tome contract is up for renewal. My contract is NOT being renewed this time, so I will be unemployed at Christmas. Won't be celebrating much in my house this year!Anonymous, Monash University

There was never any knowledge ahead of time as to whether I would have work in the next semester, even though I worked on large core first year courses. Not having secure work meant I was unable to plan for the future. Kim, Deakin University

Right now, I am unemployed, with no idea as to whether I'll be offered work next semester (March 2016). This makes budgeting for the months to come very difficult, and the uncertainty is also very distressing. Anonymous, Deakin University

At the beginning of each year there is no certainty whether you will be offered a casual position even if you have a strong connection with a university including being a current PhD candidate which usually strengthens this possibility. But no longer. You can be left adrift without any notice or reason.

There is no certainty from one year to the next or one teaching period to the next within a year. Notice of acceptance to a position is short for example you could be notified only one week before teaching begins and in one case I was notified in the week I was to begin teaching. This doesn't leave enough time to prepare for classes especially if it is a unit you have never taught before. You see colleagues receive offers and you don't and vice versa with no rhyme or reason and this causes huge instability and sometimes hostility. I have even been told that some of the staff at the university are hanging out for me to complete so that they can offer me better work. Claire, Deakin University

Contracts for the next semester are often not confirmed until the last minute creating a great deal of insecurity e.g. I am still waiting for confirmation about whether I will have employment next year. My service has put in a request for the casual staff contracts but the university have not responded yet. Working casually does increase my worry around ongoing income security as well as building super for the future. Lindy, University of Melbourne

The roster was only predictable once the tutorials had been allocated but this could only be assured 4-6 weeks prior to anticipate commencement and only lasted for 10-12 weeks at a time. Anonymous, University of Melbourne

For the 3 years I've spent as a casual worker I never know if I will have employment in the next year or not, I have to wait till Feb of each year to find out if I have work. There is no job security at all.

This insecurity leads to stress, especially leading up to Christmas and into the new year.Anonymous, Tertiary Education

Even though I had outstanding ratings, I never knew if I was going to get sufficient work the next semester. Katherine, Tertiary Education

Sometimes I was informed only a week ahead what day(s) I would be working. Anonymous, Monash University

Never knowing whether I would have work next semester until a few days before. Peter, Swinburne University of Technology

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Exploitative Unpaid Work

This situation also contributes to problems in Australian universities. Students increasingly demand access to staff who are not on campus (or, worse, are expected to perform additional unpaid work). My desire to give meaningful feedback is hampered by the limitations on time allocated for marking. Maintaining research currency in my field, including through publication, is entirely unpaid - though it benefits the university research rankings. Lachlan, Victoria University and Swinburne University

All my casual employers expect a certain amount of unpaid work, e.g., from report, preparation for thesis supervision and other teaching materials, to administration. When you multiply this by 5 times it ends up being an enormous amount of unpaid work. My employer expect me to have a high profile and the university indirectly gets funding through ERA because I am undertaking these activities, but I get no assistance to do this. Anonymous, Tertiary Education

The pay rate looks good on paper - but there are always additional administration hours that are not mentioned in the contract but necessary to complete the job. Anonymous, Tertiary Education

I was expected to work more hours than my contract paid. Anonymous, Tertiary Education

It is impossible to mark at the rate prescribed and provide the level of feedback requested. Many hours of unpaid marking are undertaken. I have tried marking at the marking rate and have been asked to remark because the level of feedback was not comprehensive enough. In addition, we mark "in class work" in our own time that is unpaid because the employer interprets the contract to mean this type of marking is "administrative duties". This is despite the employer calling the working marking, the mark contributing to the student's final grade, and the marking necessarily occurring outside class time. Some classes have significant amounts of "administrative" marking. Once we signed our contracts we were told of the hidden work involved which at least tripled the hours to which we had committed.Anonymous, Tertiary Education

The actual rate per hour I was OK with, however, we were expected to do unpaid preparation for each session that we taught in the laboratory. This could amount to significant amounts of time because the subjects were quite diverse and it was very difficult to be across all the concepts all the time. Additionally, all admin time (of which there was a significant amount) was unpaid. And finally, when it came to marking the time allocated was typically too short for what we were expected to do. Rufaro, Tertiary Education

contract hours are insufficient for hours required for marking, following up student assessment, re submissions of assessment, email reading and response, student help outside class hours, administration of assessments, results, meetings with students and coordinators regarding student progress or assessment Liz, Tertiary Education

There is a set rate of pay per item marked. While it is possible to mark some items of work within the time that payment is made for, there is regularly student work that will take longer than this to mark. In particular, there is a strong push by the University to ensure adequate levels of feedback are provided for the students, this is something that I agree should be done, however, to do this properly often takes longer than the time allocated.

Being paid per item means that admin and follow-up associated with this work goes unpaid. For example, while it might take 25 minutes to mark an essay, it then may take longer to upload these results to an online learning management system. There are days when the learning management system is working slowly. These delays can also extend the amount of time it takes to login, access, and move through each piece of student work. At times, if

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connections break, or if one part of the system logs out, the part that you are assessing may not save your feedback correctly.

This also adds extra time in logging back in to ensure that what you have just typed in appears on their work. Unfortunately, there are also times when it appears that there are academic honesty issues with a student's work. In these cases, it takes longer to confirm that there are potential issues and to provide the required evidence on to the course coordinator. Again, this takes longer than the time allocated, and as such, without any extra pay to cover this extra time required acts as a disincentive to act on these cases.

The amount of time allocated to mark has also not been updated following the shift from assessing paper submissions to marking these online. Marking online takes longer, as you cannot quickly move back and forth through a student's work, or to easily compare work between different students to assist in marking consistency. Updating these pay rates would go some way into making pay fairer. Another issue is that casuals are disadvantaged compared to ongoing or fixed-contract staff. For example, if I was on a fixed contract, breaks to comply with occupational health and safety requirements are paid for, such as taking a break from the computer each hour. As a contract worker, no time is allocated into the rate of pay to take these breaks. As such, in a 7 and a half hour working day, a contract worker is only likely to be able to achieve 6 hours of paid marking time.

This is also felt on a regular basis in dealing with university admin. For example, at the start of each semester, I am required to complete all of the admin to set up access cards, logins, and dealing with HR with pay. For ongoing or fixed-contract staff, this is all done within paid work time. Receiving, for example, 2 or 3 hours pay to deal with 'admin' at the start of each semester would be a great way to cover this. David, University of Melbourne

As sessional academic staff, our ongoing work involves considerable assessment and administration that I do not believe are accurately reflected in our hourly rate. Anonymous, Swinburne University

The academic I was working for had insufficient funds left in their research account and could not approve my timesheet so I did not get paid for hours worked. Anonymous, Tertiary Education

I was often pressured to come into work for free for meetings and other events on days I wasn't working. Anonymous, Victoria University

Being asked to mark 2000 plus word essays in 12 minutes, being paid for 5 essays per hour. Only being paid for final essay submission when each unit has at least 3 pieces of assessment.Anonymous, Tertiary Education

As a tutor I was not to get paid for lecture and film attendance time. In the end I did formally request payment and was granted it, but I was made to feel that the best alternative was to not go, thus either provide a poorer quality of teaching, or work without pay. Anonymous, Tertiary Education

I often work many more hours at my workplace doing work that must be completed for which I am not paid. Elizabeth, Tertiary Education

As a university tutor we are contracted and paid for a set number of hours per fortnight, however the work load has increased each year due to increased administrative duties required because of professional staff cuts. This extra work is not adequately compensated. We are told that all tasks are covered in the hourly rate, though it does not include lecture attendance or marking meetings, and is not sufficient to cover the amount of prep work and administrative work (student emails etc.) required. Also, timeframes for marking are becoming increasingly short. This semester I was required to mark 70 two thousand word

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essays over a period of five days. We are not paid penalty rates for this work even though it requires you to work overtime (more than 8 hours per day) nor for weekend work.

Doing marking work on the weekends is unavoidable: the essays were submitted to a Thursday afternoon deadline and were due by the following Wednesday. I do not get paid for the data entry of the marks, the required double marking of very high or low scoring essays, the significant communication between tutors and subject coordinators to ensure marks adhere to the set bell curve, or administration related to extensions and students requiring special consideration. James, University of Melbourne

Part of my role involved marking assignments. Often it would take longer to mark them than had been allocated to me to mark them. I didn't feel I could request more paid time to mark them so marked them in my own time instead. Anonymous, La Trobe University

I work many more hours than I'm paid for but have to, to do a good enough job to be employed again. Annabelle, Deakin University

I teach Literature and Creative Writing units, and am often expected to perform duties not listed on my contract. For example, I have been copied into emails in which my unit chair has promised my students I will help them with their non-university related writing, such as reading and providing feedback on pieces not written or submitted for assessment — in other words, unpaid work. (Quote: 'Your tutor can definitely help!') Anonymous, Deakin University

The subjects I teach have high theoretical content and we are not paid to do all the prerequisite reading before classes begin (this can be many hours). The pay for marking in no way matches the amount of time it takes to mark most assessments. The university and the students expect thorough, thoughtful, and theoretically sound feedback. The pay we receive for marking in no way reflects the hours we spend correcting, and framing our comments and considerations. Claire, Deakin University

Although on an hourly rate, start and end times were rigidly enforced, but unpaid overtime was dismissed as part of the job. Anonymous, Deakin University & Federation University of Australia

I was paid an hourly rate as a sessional tutor and when I calculated the extra hours I was required to work it was less than the minimum wage. My mental health was affected by unrealistic expectations and the extra hours I was working and not paid for. Anonymous, University of Melbourne

As a sessional academic I was paid nominally by the hour--but the work could not be completed in the time allotted so I always worked extra unpaid hours. Katherine, Tertiary Education

Most of the universities (not all), tend to differentiate between tutorial classes and laboratory classes, which I feel is not fair. A tutorial is defined as a classroom without computers and tutor presents content to learners (sort of a discussion). On the other hand, lab class is a one usually with computers (or lab equipment) . In a lab class, the tutor goes from one student to the other to help each student rather than a general presentation. The problem with categorization is that a lab class is paid at a rate of 1/3 of a tutorial rate. In other words, preparation and associated hours are not paid if you are doing a lab.

This seems wired and appears that Universities are classifying classes manipulatively to reduce casual payments. My point is, irrespective of whether you are doing a lab or tutorial class, you have to prepare and you have associated hours (like responding to student emails and checking emails). This differentiation is happening unfairly in some major universities I work (but I emphasize not all as one place I work do not do this differentiation and pay according to enterprise agreements). I have experienced this situation for a number of years - I have been a casual for over 4 years now since 2009 and I believe that this is against the

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enterprise bargaining agreement. Another bad thing happening is that, once a tutorial class is conducted, Universities tend to keep track of how tutors use associated hours (1 hour tutorial will have 2 associated hours). Instead of paying at a flat tutorial rate, they break down into associated hours. If you have not utilized associated hours (which is very difficult to track), they ask you to work later for the University without payment to compensate for accumulated associated hours. Chandana, various Tertiary Education institutions

Although there was recognition that the hours determined to do a job were not sufficient, we were only paid according to an unrealistic standard. Sometimes this involved attending campus for a regular meeting when I was not scheduled to work, therefore without pay.Anonymous, Monash University

Threat of Adverse Consequences for Complaining

I didn't want to query this arrangement for fear of not being employed again. Fincina, Tertiary Education

On the few occasions I have tried to express my views on this situation and my desire for better conditions (for myself and my students) I have had it made very clear to me that this is not acceptable. I know I am at risk of not being offered further work if I try to push these issues. Anonymous, Tertiary Education

This previous year I have experienced a situation in which I committed to a certain amount of work (based around my available childcare) . I made particular efforts to ensure the boundaries of the hours I would be asked to do (meetings and emails to confirm the workload). However during the contract period, I was asked to double the hours to which I had committed. I felt unable to say no because I had no job security and I wanted more work in the future. It was a tremendously stressful time. We were asked to have knowledge across two different year levels of university subjects, but were only paid for one. The employer writes up the contract so that it reads "Estimated total hours X." and so we have no power to fight over-work situations in which more and more work is expected for no extra pay. In the last contacted period, a colleague raised the issue of unfairness (and another issue related to improper procedure and concerns around bullying behaviour) and was told there was no work for her in the next teaching period. She was provided with legal advice that due to the contractual conditions, there was little she could do with regards to a Fair Work process. We are all too scared to raise issues of unfairness in our contracts or to challenge unfair or improper practices because we have no legal standing. We need the work and so we take on increasingly exploitative conditions just to survive.

Our union suggests to us a variety of basic level principles that we all should insist upon when dealing with such situations, but most people are too scared to raise these for fear of being told "sorry, we have no work to offer you this semester." In our training we were told "don't get sick". This was because there was no-one else to cover for us. They told us stories of how they come into work and teach while really unwell because there is no one else. So we come into work unwell and more prone to having an accident because we want work next semester. Our training did not cover any aspects of our entitlement to Work Cover. The significant increase in hours that was unexpected caused a number of the casual staff to become quite unwell with stress and anxiety. We raised this issue and we told "that is a personal issue for you". Normally I can nominate which classes I am available to take and then I am offered work on that basis. Therefore this usually results in a predictable roster, at least for that contract period. However this is on the basis that there is no other hidden and extraordinary hours or duties involved. Anonymous, Tertiary Education

And because I am starting to take issue with the way we are treated at work I think I am less likely to get work next year. Rufaro, Tertiary Education

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I have been working as a sessional tutor/lecturer for eight years. If I spoke up about anything they would simply not allocate any work to me next semester. While I am a member of the union I don't speak up as any work I gain from the university is tenuous. Anonymous, La Trobe University

Difficult to know how assertive to be and who to query issues with. Anonymous, Monash University

Despite 30 years’ experience in the field and despite teaching the same course for 6 years and despite having fantastic reviews from my students, my teaching was given to a PHD student with no experience because the person in charge of employing tutors changed, and did not like me. Anonymous, Monash University

RMIT is not handling OH&S as it should be. If you say something you will become an unwanted person who always make complaints. They want people to be silent and do what they are asked to do. Anonymous, RMIT

You have to be constantly pleasing and can't complain because you can have your hours cut or be removed from the program. I worked like this for many years. Anonymous, Victoria University

There are many sessional academics applying for work. If I cause headaches then they wouldn't hire me in the future. Sessional academics can't rock the boat. Anonymous, Tertiary Education

Can't make an issue or again, no more work offers. Annabelle, Deakin University

I have felt that raising this kind of thing or refusing would suggest I have a bad attitude, am not committed to my work or my students (which is far from the case), and might result in me not being offered work again in future semesters. On a number of occasions I have also felt bullied by colleagues in more secure positions, which I've also felt unable to raise without compromising my future work prospects. At times, I've felt physically sick going to work, over issues I don't feel confident raising formally given my casual status (i.e. given that I am disposable). Anonymous, Deakin University

There is a terrific pressure to please the academics up the chain because you never know what it is that that they rely on to consider you for a future position. Claire, Deakin University

I complained of workplace bullying and was told there would be no future work for me after complaining. I have 3 children and a mortgage to support. I am now without employment since I complained about the unreasonable expectations placed upon me and workplace bullying. Anonymous, University of Melbourne

The casual workers were competing for contracts and so no one wanted to speak up about the precariousness of it all. Anonymous, University of Melbourne

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A Case Study – Swinburne University of Technology

To highlight some of the experience and evidence available to NTEU, below we use

Swinburne University of Technology as a case study. It is a particularly useful case study

because the organisation engages in a wide range of activities that are within the scope of the

Inquiry. Swinburne has also been the site of significant campaigning by NTEU and it is a

cross-sectoral institution in that it continues to conduct a substantial level of technical, further

and vocational education (TAFE). The in scope activites are each dealt with in turn and

include:

• Systemic casualisation of the academic workforce;

• Phoenixing activity considered by and prosecuted within the Federal Court of

Australia;

• Contracting out of non-academic casual staff work to labour hire agencies; and

• Exploitation of low pay and insecurity to cut conditions.

Systemic Casualisation of the Academic Workforce

In late 2009, NTEU negotiated specific limits on the use of casual employment at Swinburne,

which capped overall casual staff employment at 21.5% of the academic workforce. In terms of

individual staff members, this represented more than 2/3 of the academic staff employed by

Swinburne and it was seen as a start towards creating more secure work.

In early 2012, NTEU became aware the University had increased the usage of casual staff

beyond these limits and commenced campaigns and formal disputes to create more secure

work for casual staff. The clause in the Enterprise Agreement specifically stated:

If it is identified that the overall number of FTE casual positions does increase above these

levels the parties will consult regarding appropriate measures to remedy the situation.

Such measures will include the creation of additional fixed-term or continuing positions.

Despite this, Swinburne assiduously avoided dealing with the issue. From the time between

lodging a formal dispute with Swinburne on 10 February 2012 to formal resolution of the

dispute in late January 2014, immense resources were expended by NTEU (and Swinburne.)

This included three (3) formal Hearings in the Fair Work Commission and more than ten

(10) conferences with two different Presidential members of the Commission. In the end,

fifty positions were created for long serving casual academic staff – half ongoing and half

fixed term.

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During the period of the dispute, casualisation at Swinburne exploded and is charted below.

The statutory cap (Federal law by virtue of the Enterprise Agreement term) is the red line,

the green line was a target for reduction in the Agreement and the blue line was the actually

reported usage (reports were required by the Agreement term.)

The FTE of casual and non-casual academic staff growth can also be charted. The red line

is the casual growth across 2011 to 2013, the blue line non-casual academic staff growth.

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Despite explicit Agreement terms, these charts indicate Swinburne was prepared to

systematically increase its reliance on casual academic staff. The savings described earlier are

clear examples of why this approach was pursued. It is anticipated the cost of the fifty (50)

positions created in settlement of the dispute was between $500,000 and $1,500,000 per

annum based on the workplace rights for non-casual staff, including incremental progression

and superannuation, and also that workload allocation will include duties for which casual

staff are regularly not compensated. This is direct additional cost for the same or substantially

similar work to be performed.

The experience of Swinburne casual academic staff is common with casual academic staff

across the sector. Their employment connection is almost always through a convenor or unit

coordinator, and the institution paid little regard for maintaining a professional employment

relationship with these staff.

This lack of a professional relationship leads to widespread exploitation in many forms. At

Swinburne, it manifested in issues including extraordinarily late payment of wages. The

campaign NTEU waged to address late payment in 2012 achieved the ACTU Award for Best

Workplace Campaign of the Year. In essence, NTEU had almost 100 members file wage

claims for ‘unpaid wages following up late wages’. We held protest action outside the Howe

Inquiry to draw attention to the issue and we rallied on campus.

In May 2012, with neither acknowledgement by Senior Management nor preparedness to fix

the problem, we convened a Survival Stall in the main atrium of the University to collect

household goods and groceries from students and non-casual staff because we knew sessional

staff would be paid late again in August 2012. On the first day of the survival stall,

Swinburne sent its security force to try and shut down the action.

All these actions drew significant media attention and on the last day of the stall (after two

weeks of collecting boxes of goods) the Vice Chancellor announced the issue would be

investigated and fixed.

This campaign took considerable resources – two full time staff for four months – and was

about the most basic issues. Our members were paid between 4 and 10 weeks late. They

reported not being able to feed or house their kids. Some might say this should have been

taken to the courts but as described in an earlier section, casual academic staff hold real and

genuine fears that participation in court or similar action will result in adverse action.

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In 2013 when a casual academic staff member at Swinburne followed union advice and asked

to be paid for work (as required by the Enterprise Agreement) she was immediately sacked.

While NTEU intervened and she was restored to her position, at the end of the Semester no

further work was found for her. The expectation that a young female casual academic staff

member will then pursue a very large employer with limitless resources through the courts –

even with the support of NTEU – is not grounded in reality. A win will not guarantee secure

work – merely a guarantee of little work in the sector at all.

Too often NTEU is left at ground zero attempting to enforce the most basic of workplace

rights (to be paid, to not be sacked for asking to be paid, etc.)

Phoenixing Activity

NTEU became aware in 2013 that Swinburne University had engaged in phoenixing activity

to shift its entire Swinburne College workforce into a wholly owned subsidiary. That

subsidiary was specifically entrusted with not employing any current staff (almost all of

whom were employed on a casual or fixed term basis) to avoid triggering transfer of business

rights (including the transfer of the industrial agreements.)

Secret documents identified two law firms, Senior Management and Swinburne Human

Resources were all involved (quoting):

“The purpose of this project is to establish fit for purpose employment arrangements that:

. Provide SCPL with maximum flexibility with respect to determining suitable terms and conditions of employment for its employees;. Minimise union involvement and disputation; and. Avoid the agreements currently in place at SUT applying to SCPL as a

result of a transmission of business.”6

NTEU intervened in March 2013 to stop a workplace Agreement being approved for the 4

secretly employed staff designed to undercut the workplace rights of more than 100 others.

NTEU prosecuted Swinburne and the subsidiary, achieving a landmark judgement on 8

October 2015. Again, more than 2 and a half years and considerable resources were spent

stopping a public entity, using public resources, from pursuing the explicit and specific aims

set out above: Phoenixing to exploit precarious workers and bust unions.

6 Swinburne College Workforce Project Plan, Andrew C Smith, downloadable from http://www.nteu.org.au/library/view/id/6572

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As far as NTEU is aware, no action has been taken against the persons responsible. The

Senior Manager overseeing the project was promoted to Vice President of Swinburne and

remains in that role. The Vice Chancellor remains in her role at Swinburne and sits on the

Victorian Government’s “Future Industries Ministerial Advisory Council”.

NTEU went to considerable lengths to highlight how this secret phoenixing targeted

precarious workers. Lawyers for Swinburne objected to the use of the word ‘precarious’ to

describe workers, but Justice Mortimer in her decision7 highlighted this issue, stating:

91 I turn first to consider the nature and seriousness of the conduct, recalling that the conduct is a

threat to take adverse action, not the taking of adverse action.

92 It was expressly contemplated that the casual and fixed-term employees at Swinburne College

should not be the persons who would be employed by SCPL. Ms Freeman’s email to Mr Smith of 13

March 2013 shows that Swinburne engaged in some planning for ongoing employees – to find them

alternate placements outside Swinburne College, but not by way of transfers to SCPL. I accept the

applicant’s submission that the inference is there were not going to be placement attempts even at that

level on behalf of casual and fixed-term employees. The respondents have not pointed to any evidence

demonstrating positive consideration of the fate of those employees.

93 Many of those employees had been employed at Swinburne for long periods of time, over a

decade. Swinburne’s plans were to see them lose their employment, and there was a conscious plan to

employ new people so as to avoid the protective transfer provisions of the Fair Work Act applying so

as to engage the TAFE MBA within the SCPL work environment.

94 The evidence is clear that, even if some existing casual and fixed-term employees had secured

employment with SCPL, they are likely to have done so on less favourable conditions than those which

existed under the TAFE MBA. The comparative pay scales to which I have referred above amply make

that point. Examples given in submissions by the applicant are apposite…

95 I also accept Mr Cullinan’s evidence that the employees’ access to industrial representation

and advice was likely to have been diminished, a fact that the documentary evidence reveals was not

lost on Swinburne’s senior leadership.

…

7 National Tertiary Education Industry Union v Swinburne University of Technology (No 2) [2015] FCA 1080 downloadable from http://www.nteu.org.au/library/view/id/6574

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100 The part of senior officers within Swinburne in the contravention is now a matter of public

record, through these reasons for judgment, and that in itself is some punishment, as well as operating,

I consider, as a form of general and specific deterrence.

101 However the seniority of those involved does say something about the calculated nature of the

contravention, because for those at such senior levels to be involved, it is clear that this was a carefully

planned course of action, over a considerable period of time, with objectives and outcomes to which

experienced and senior people had turned their minds. Part of that plan (I accept, not the whole of it)

included a consciousness that the entitlements of employees at Swinburne College could be adversely

affected if the proposal went ahead. Indeed the cost savings and more favourable industrial landscape for

Swinburne (especially at the expense of its casual and fixed-term employees) were motivating factors

in the proposal.

…

105 In my opinion, at the time at which the Court determines penalty in this matter, it is a fact that

Swinburne has now been found to have contravened, for the second time, provisions of the Fair Work Act.

There is, in those circumstances, a greater need for specific deterrence, even taking into account the

deterrent effect of the publication of these orders and reasons for judgment, setting out the course of

conduct in which Swinburne’s senior management engaged.

106 The imperatives to organise and operate higher education institutions in ways that are

competitive and economically efficient are capable of coming into conflict with an employer’s

industrial and employment obligations under the Fair Work Act and applicable industrial instruments.

This is what has occurred in both of Swinburne’s contraventions. Considerations of both specific and

general deterrence arise in those circumstances. Swinburne itself should be put formally on notice that

it needs to look more carefully at its obligations before planning and engaging in a course of conduct

such as the one set out in these reasons, or the one with which Tracey J dealt. Other higher

education institutions also need to be on notice that industrial and employment protections and

commitments, even when they are perceived to “cost” an employer more, or to make for a less

“flexible” workforce, are to be adhered to and respected, or appropriately re-negotiated.

Emphasis Added

For NTEU, this amounts to a very serious warning for university managers and, more

fundamentally, the State Government, which oversees all public authorities.

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Contracting out of non-academic casual staff work to labour hire agencies

Like many other universities, Swinburne relies on labour hire agencies for non-academic

casual staff. Unlike most other universities, Swinburne has contracted out this function

entirely to labour hire agencies so that all casual non-academic staff working at Swinburne

are contracted through labour hire agencies.

NTEU believes it is inappropriate for the use of labour hire agencies for any non-specialist

work and the vast majority of non-academic short term engagements – whether casual or

fixed term – should be employed directly with the institution.

The use of labour hire agencies in this way has two main outcomes for workers at

universities:

1. Workers are paid less than they would be under the Agreements regulating their

employment if they were directly employed;

2. Workers are not entitled to conversion arrangements with the host; and

3. Workers are not entitled to the limits on fixed term employment in the higher

education sector.

The personal experience of workers was described well by Jared in his submission to the

Insecure Work Inquiry. While his host employer is Monash University, Dixon Appointments

is a popular labour hire agency in the sector and heavily used at Swinburne. He states:

I was employed through a labour hire agency with my current employer. I was advised that I would be paid through an agency for a maximum of 3 months, sort of like a probation period and then a decision would be made on contracts etc but I actually ended up on it for 5 months. That extra time crossed over the Christmas period and therefore left me without pay for the 9 days we have off.

Overall compared to others though I was actually lucky, as some people were on casual contracts for 9 months then advised thier services weren't needed. All temporary staff were also denied the opportunity to work overtime and where the hourly rate was similar to that of the full-time staff without holiday or sick pay, this would've been a greatly appreciated option.

Due to this I did constantly feel stressed and anxious that I could lose my job at any time. This forced me to continually apply for full-time work whilst under contract and attend interviews outside of working hours which extended my days and added to my stress. Jared, Monash University (via Dixon Appointments Labour Hire)

29

NTEU believes Swinburne University uses labour

employment and the conversion arrangements that

exploitation is inappropriate at a public entity.

hire to avoid limits on fixed term

would otherwise apply. This type of

NTEU supports the recommendations of the NUW and Victoria Trades Hall Council on the

regulation and licencing of labour hire agency. In the public tertiary education sector, NTEU

believes labour hire should not be used at all. These very large employers have the capacity

to employ directly and should be required to do so.

At Swinburne, the use of labour hire staff has increased over recent years. In April 2012,

NTEU raised concerns with Swinburne that a manager had ‘sacked’ performing labour hire

staff in preference for family friends who were off school for the Easter period. The

manager arranged for the family friends – including the child of another staff member – to

enrol with the large labour hire agency still used in the sector.

These issues were raised repeatedly with the most Senior Management at Swinburne but, to

the best of our knowledge, no substantive action was taken.

Exploitation of low pay and insecurity to cut conditions

The commodification and exploitation of insecure labour was taken to its natural conclusion

in February 2014 when Swinburne University chose to use the vulnerability and low pay of

casual academic workers to cut the few beneficial conditions they did have. The same term

that delivered secure work for 50 staff just two weeks prior was deleted in a non-union

agreement ballot issued by Senior Management. In that ballot, Swinburne offered any

person who had performed one hour’s paid work in the previous 12 months a vote and

promised $250 to those persons (in bright bold text) if the approval succeeded.

The voting cohort included staff who had worked for several days 9 months before the ballot

with no intention of working for Swinburne again, casual staff who had obtained (and

informed Swinburne) they had full time work elsewhere, casual staff who had left the country

permanently and at least one casual staff member who had passed away 5 months before the

ballot.

Swinburne was fully cognisant that for the cohort it was inducing votes many either had little

intention to work for Swinburne again, or were dependent on low wages (and likely to

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respond to the $250 inducement.) Swinburne knew the vast majority were disconnected from

the campus and from the broader discourse and information about the ballot.

The Fair Work Commission said:

“It is also clear that in respect of some of the persons to whom a vote was offered, those persons were not or may not have been eligible to vote and this would have been apparent to Swinburne if diligent record-keeping and reporting practices had been employed.”

To restore the workplace rights of casual staff, NTEU had to seek Judicial Review of the

Approval by the Full Court of the Federal Court of Australia which unanimously agreed with

NTEU.

While Swinburne may have the greatest public exposure to its exploitative practices, it is by

no means alone. Below we describe recent and current experience elsewhere in the sector.

That said, even these are but a snapshot of a plethora of exploitative practices taking place in

the tertiary education sector.

Other Examples of Inappropriate Conduct

Here we describe a range of other current or recent actions NTEU is pursuing. It is

noteworthy the resource involved in these actions for a membership where density is below

5%. That is, on one view, the actions can be described as “public good” litigation. That a

union is relied on to litigate, prosecute and achieve fair outcomes for so many Victorians

when so few are enrolled members raises real questions of the sustainability of such action.

University of Melbourne – Maree Pardy

NTEU is currently supporting a prosecution against University of Melbourne for taking

adverse action against a precariously employed member for pursuing a dispute against the

university. More information is available in a Fairfax report here:

In an email from June this year, which is quoted in the writ, a university employee allegedly

said: "given the situation with Maree is that she and the National Tertiary Education Union are

taking the university to Fair Work ... I don't think now is a good time to suggest Maree for extra

sessional work when we have unused capacity..."

Read more: http://www.theage.com.au/victoria/academic-dr-maree-pardy-sues-former-

employer- melbourne-university-over-job-denial-20151206-glgpyv.html#ixzz3tyUqCQjw

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Monash University – General Protections, Consultation & Conversion Breaches

NTEU is currently prosecuting Monash University for breaches of the general protections

legislation, misrepresenting workplace rights, breaches of conversion provisions in a

workplace Agreement and other matters involving a casual employee.

That litigation followed Monash University terminating the employment of a 50 year old

casual worker with near full-time service over 4 years. That worker had made a bullying

complaint, suffered a workplace injury and applied through NTEU for conversion to more

secure work.

The matter is before the Federal Court of Australia.

La Trobe Melbourne Supercasuals

NTEU is currently before the Fair Work Commission with La Trobe Melbourne, which is the

trading name for Navitas Bundoora. Navitas is a global education private provider with a

market capitalisation (ASX) of over $1.5 Billion.

The dispute is over the use of precarious work for the vast majority of teaching roles and

centres on new rights achieved through enterprise negotiations in 2014 and 2015. Navitas is

refusing to properly implement those new rights which will ensure casual staff have access

to more secure work.

Monash Supercasuals

NTEU is currently before the Fair Work Commission with Monash University over the

failure of Monash to have fair guidelines for marking expectations for casual academic

staff. This has resulted in immense amounts of unpaid work because the University requires

a significantly higher quantity of marking per hour than other universities.

The dispute involves the role of Senior Management to dictate what is purportedly reasonable

and the failure of Senior Management to consider casual academic staff as relevant academic

staff when developing guidelines about marking. That is, the workers themselves who do the

marking were not consulted.

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Victoria University Supercasuals

NTEU is currently before the Fair Work Commission with Victoria University over the

failure of Victoria University to issue contracts of employment prior to commencing work,

and the failure to pay casual academic staff for the exhaustive obligations related to induction

and policy familiarisation.

NTEU has many members who do not receive a contract of employment prior to

commencing work each semester and this results in casual staff not having access to car

parking, photo copying, email and library cards. Staff can also be paid late.

Many staff also read hundreds of pages of policies and procedures, and conduct workplace

familiarisation without payment. All these issues are before the Fair Work Commission.

La Trobe University Supercasuals

In June 2015, NTEU launched a campaign and dispute at La Trobe University about online

timesheets and pay slips. Casual academic staff were required to complete paper timesheets

and obtain supervisor approval for each unit taught. This took a significant amount of time

and was not paid. Casual academic staff also had to attend work to collect payslips and these

were in open access offices and available to be taken by any person. Many staff did not

bother and only identified significant payment issues well after the pay period.

To its credit, within weeks of the issue being raised La Trobe University shifted all casual

academic staff to online payslips and has progressively shifted all casual academic staff to

online timesheets. While issues remain, these issues were resolved expeditiously through

broad member engagement.

Critically, no non-casual staff received paper payslips or had paper timesheets. It was only

casual staff that were put to this time consuming and wasteful exercise. Without union action,

this would not have been fixed.

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Summary of NTEU Experience and Worker Stories/Submissions

NTEU Victoria has chosen to make this submission at a pivotal time for our union and the

members we represent. It is beyond doubt that a new managerialism has become entrenched

in our public university institutions. For the lowest paid, regularly exploited precarious

workers in these universities, this marketised reality has led to woeful working conditions.

NTEU Victoria has invested heavily in attacking these issues – with large campaigns and

prolonged litigation. We can see that this action has, however, minimal effect on institutions

with scant regard for their most vulnerable staff, or even, in some cases, for the law.

Universities have no shareholders and have largely escaped the scrutiny of the State in

relation to their treatment of staff.

NTEU intends to fight precarity in all its forms. However, we are drowning in the

floodwaters. This submission is a call for help – from a Government elected with a mandate

to improve job security and one that must take responsibility for the gross exploitation of

those within the public sector.

Before moving to proposed recommendations, next we describe the role of public tertiary

education in Victoria.

The Role of Higher Education

Public higher education is a key pillar of any functioning and modern liberal democratic

society. It is a collaborative site that brings together the state, civil society, and the economy.

By fostering the capacity of individuals and communities to operate in these arenas it is

evident that Victoria is enlivened to a wide range of social, economic and political benefits.

Traditionally higher education has been considered a public good, an active site underpinned

by equity and meritocracy that spreads opportunity among students, staff and the general

community. And yet as the higher education system is increasingly caught in the maelstrom

of what we might call the ‘new market’ paradigm, the focus on the public good is called into

question. This section will briefly explore the concept of the public good and how it relates,

both historically and contemporaneously, to higher education in Victoria. In doing so it will

also shed light upon the obligations of the Victorian Labor Government in upholding the

public good and promoting social justice in the sector.

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The Public Good and its Historical Prevalence

Victorian public universities and vocational training centres are entities that have traditionally

engaged in promoting the ‘public’ or ‘collective’ good. To be perspicuous, by ‘public’ we are

not simply referring to a conglomeration of individuals co-existing in a specific community.

Instead, we assert that ‘public’ entities performing at an optimal level are guided by a

responsibility to facilitate an educational environment that serves to benefit our society as a

whole. The ontology of the ‘public’ as detailed in this section rests upon a conviction that the

collective good trumps the sum of individual parts. We also contend that the public good is

arrived at through a deliberate and equitable interplay between those who constitute the

‘public’.8 Benefits of public higher education of course enable individuals to realise their

potential by more profoundly participating in community life. Indeed, higher education

institutes have been at the forefront of Victoria’s progressive political agenda.

When examining the history of higher education in Victoria the centrality of the ‘public

good’ is obvious. The first great centre of higher education in Victoria was the University of

Melbourne—founded by the Legislative Council in 1853 to ‘promote sound learning in the

Colony…open to all classes and denominations of Her Majesty's subjects’.9 Inherent in this

commission was a commitment to the progressive and inclusive aspirations of the nascent

Colony. In examining the University’s current Act we observe that it self-identifies as a

‘public spirited institution with a mission that encompasses learning and teaching, research

and knowledge transfer, all of which exist for public benefit’.10 In looking beyond the

University of Melbourne we detect legislative frameworks at other institutions that strongly

pivot to the ideal of the public or collective good. La Trobe University, for example, is

governed by a dictum ‘to serve the community of Victoria for the purposes of higher

education, for the education, economic, social and cultural benefit of Victorians’.11 In fact,

underpinning every Victorian university is the direction ‘to provide programs and services in

a way that reflects principles of equity and social justice’.12

8 For a more detailed exploration of the public good in the context of education see Alan Reid, ‘Federalism, Education and the Public Good’, Perspectives, Whitlam Institute, University of Western Sydney, 2012, pp. 6-9.9 See the Argus, 1 September 1934, p. 6. The foundation of the State Library of Victoria was also 1853.10 ‘Preamble’, University of Melbourne Act 2009 (Vic).11 La Trobe University Act 2009 (Vic).12 See all university Acts—Objective section.

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TAFE and vocational education providers have also historically been guided by a strong

commitment to the public good. Technical institutes have long stressed the importance of

equal opportunity by allowing Victoria’s diverse citizenry to access quality education.13

Particular attention is paid in the current Education and Training Reform Act 2006 (Vic) to

supporting and being ‘responsive to the needs of the community’.14 TAFE providers are

charged with engaging positively in the ‘general community’ to the benefit of all Victorians.

Seen through this lens it is evident that the state’s institutions of public higher education

operate within the context of specific legislative instruments that emphasise the primacy of

the public good.

Victoria’s commitment to Education, Workers’ Rights and the Public Good

The Victorian Labor Government came to power at the 2014 state election by in part

promising to lead an ‘education government’. It is a bold and explicit platform endorsed en

large by the citizens of Victoria. Labor asserts plainly in its policy platform that ‘education is

[our] number one priority. It’s the bedrock of social justice and cohesion in our society and

it will build our 21st Century economy’.15 Victoria has been dubbed ‘the education state’ and

the Party has resolved to rectify the shortfall in TAFE and vocational funding. Furthermore,

there is an acknowledgement of the public good inherent within higher education: ‘learning

beyond secondary school is critical to the success of our society and our economy’.16

Clearly, there exists an overriding political mandate to maintain and promote the public good

within higher education.

In setting a vision for Victoria’s education system the Government also records that educators

across all levels ‘deserve real support’.17 It highlights the obligation of the state to ‘support

academic endeavours and independent research in universities’.18 In examining the Party’s

policy platform and public statements it is clear that it intends to partner with both students and staff to create a more sustainable, equitable and just education system to the betterment of all Victorians.

13 See Love, Peter, Practical Measures: 100 years at Swinburne, (Croydon, Tertiary Press, 2009).14 See Education and Training Reform Act 2006 (Vic), p.190.15 Victorian Labor Platform 2014, p. 24.16 Ibid., p. 24.17 Ibid., p. 24..18 Ibid., p. 34.

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The Victorian Labor Government simultaneously professes to be the primary champion of

workers and their industrial rights. Such a stance is not unexpected given the Labor Party’s

close relationship with the trade union movement. In committing to protect and strengthen the

industrial conditions of workers the Party’s platform recognises in unequivocal terms that

many employees are not afforded a ‘fair go’:

Labor believes that all workers should be afforded the right to a ‘fair go’ and

access to secure employment and decent working conditions. However, there

are groups of workers more vulnerable and disadvantaged than others and

Labor believes they should be supported, including but not limited to young

workers, women workers, LGBTI workers, older workers, workers with

disabilities or injuries, workers in precarious employment, indigenous

workers, newly-arrived workers, workers on temporary visa arrangement or

workers from a non- English speaking background.19

Moreover, the current Labor Government holds that it fully appreciates the value of work and advances that ‘a secure, meaningful job not only pays the bills and puts food on the table, it

is also a fundamental source of self-respect and identity’.20 There is no doubting that job

security is vital to the ‘ongoing well-being of individuals, families, local communities and the

economy’.21 When security of employment is absent the opportunity of an individual—or

indeed an entire community—to participate meaningfully in our society is threatened. Labor’s policy platform—echoing the testimonies of those cited in previous sections of this submission—is cognisant to harsh and exploitative reality of insecure work:

…many people in precarious employment suffer disadvantage, as they

cannot rely on a regular paycheck, don’t know how long it may be between

jobs, are denied the ability to accrue recreational, personal or long-service

leave and are often unable get a loan.22

Importantly the Victorian Labor Government has publicly stated that the state has a clear role

in supporting and pro-actively regulating the labour market to ensure workers are protected. It

notes that a failure of legislation to ‘comprehend insecure workers’ has led to the

19 Ibid., p. 20.20 Ibid., p. 821 Ibid., p. 822 Ibid., p. 19.

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proliferation of job insecurity in certain sectors of the Victorian economy. As a public sector

employer the Government’s platform pledges that it will do the following:

Seek to reduce, and where possible eliminate, the use of outsourcing of publicly

funded employment and workplaces covered by government wages policy; include

a secure jobs clause during EBA negotiations, committing agencies to a secure

employment recruitment target and improving casual conversion

arrangements. If outsourcing work, ensure that public sector terms and conditions

of work transmit with employees to the new employer and are maintained with

access to future wage improvements and including protections from unlawful

discrimination and forced redundancy are established.23

More generally the platform notes that the Government will ‘give priority to secure and direct

employment arrangements when awarding tenders for State Government procurement’.24 In order to

achieve this goal we note that there exists an explicit commitment to ‘support an appropriate body to

identify and highlight poor employment practices, provide advice to employees and take appropriate

action to demand improvement’.25

Can Victoria’s higher education system achieve a public good through the

exploitation of casual workers?

The Victorian Labor Party Platform clearly demonstrates that the current Government views

higher education not simply as a commodity but as a public good. It is a nexus that draws

together students, staff and the general community to promote ‘social justice’. It also

acknowledges that all Victorian workers should be afforded dignity at work. And yet when

examining industrial relations settings in the Victorian higher education sector we observe the

patent exploitation of workers. Institutions, created and guided by state acts, are in a race to

the bottom in the casualisation stakes. Security of employment—a fundamental source of

self-respect and identity—has been discarded at the expense of a cheap and flexible

workforce that can be manipulated at will. At present the public good and the commitment to

social justice that have historically underpinned Victoria’s public higher education sector are

being eroded. In order to arrest this current erosion of the public good within the sector the

Victorian Government is encouraged to construct an oversight structure as outlined in the

following recommendations section.

23 Ibid., pp. 18-19.24 Ibid., pp. 18-19.25 Ibid., p. 21.

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University & TAFE Recommendations

In light of the material presented above, NTEU calls for a series of recommendations. NTEU also supports all the recommendations of Victorian Trades Hall Council.

That the State Government establish a Secure Work Ombudsman/Commissioner which:

• has responsibility to pursue actions which reduce precarious work and increase secure work;• advocates for secure work in all sectors of the Victorian economy;• investigates employers exploiting precarious workers;• resources prosecutions against employers exploiting precarious workers;• assists precarious workers and their unions obtain more secure work, including through securing and enforcing conversion provisions;• shares successful experiences; and• reports on compliance by employers.

That the State Government audit all public entities, including all universities and TAFE institutions, to identify the extent of precarious work in these entities, including the level of reliance on precarious work by those entities.

That the State Government convene a tripartite committee at each public entity identified as relying on precarious work to:

• identify measures to eliminate precarious work;• implement measures to eliminate precarious work; and• report on the elimination of precarious work.

The Secure Work Ombudsman/Commissioner could have responsibility for all elements of the secure work agenda of the State Government, including implementation of other recommendations such as those in this submission and in other union submissions.

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Adult & Community Education Sector

The Adult and Community Education sector has two dominant unions, NTEU and ASU. The

sector is largely publicly funded, including by Local, State and Federal Government.26

Adult, Community and Further Education Board (ACFE) is a statutory authority under the

Education and Training Reform Act. One of the functions of ACFE is to allocate

government resources to Learn Local organisations including:

• funds to pre-accredited vocational training courses in the areas of Vocational, Adult

Literacy & Numeracy, Employment Skills and Digital Literacy, and

• grant funding to assist Local Learn organisations develop capacity, supporting

partnerships and innovation.

The sector reports only 6% of the almost 5 600 employed in the sector are employed on a

full-time basis.27 Whilst this does not indicate whether or not the work is secure, NTEU

members report the vast majority of paid work is performed by staff paid on a casual basis. This is despite the work being of an ongoing nature.

Members report a growing prevalence of sham contracting. NTEU has represented in 2015,

and expects to represent on a regular basis, members employed under sham contracts to

undertake work previously performed on a casual basis. For example, in a recent case at a

large inner west site, the hourly rate provided for in the sham contract was:

• less than the minimum award rate that would have applied had the teacher been

engaged as an employee, and

• did not provide for payment set out in the award for administration work associated

with teaching.

Systemic casualisation is more difficult to monitor and manage in Neighbourhood Houses

and Learning Centres because of the scale of 399 employers and an average workforce of just

14 employees per employer.

NTEU lauds the industry association for engaging in negotiations for a Multi Enterprise

Agreement. However this is limited in scope and more than 100 neighbourhood houses and

26 Association of Neighbourhood Houses and Learning Centres (ANHLC), Neighbourhood Houses Survey 2014, viewed at http://www.anhlc.asn.au/documents/item/286 , P. 627 Ibid, P. 7

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learning centres are not covered by the extant MEA, with no clear commitment from many

more for the new MEA.

Recommendation:

That the State Government encourage entities funded by the State Government that employ

fewer than 100 full-time equivalent persons annually to negotiate appropriate Multi

Enterprise Agreements by the inclusion of incentive payments and structural support in

funding agreements. Such incentive payments and structural support would at least offset the

cost of participation in MEA negotiations and MEA implementation.

That the State Government prohibit sham contracting in agencies or entities funded by the

State Government.

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