NTEU members at numerous branches have voted for a 24 hour strike on Wednesday September 16, 2009.
Here is a short answer guide to key aspects of the strike, covering issues such as the legality of strike, what action your employer can or can’t take, what your rights and responsibilities are, pay and catch ups, informing students, non-members and more.
Q Is the industrial action on Wednesday, September 16 legal?
A Yes. The NTEU has fulfilled all the necessary requirements to ensure the strike is protected action as required by the Fair Work Act.
Q Can my employer take any action against me for participating in Wednesday’s strike?
A Not if you are an NTEU member. NTEU members cannot be disciplined, bullied, sacked or harmed in their employment in any way for taking protected industrial action. Of course, the employer can dock your pay if you go on strike. The NTEU will ask Vice-Chancellors to donate members’ pay for the day to a scholarship fund for disadvantaged students.
Q I am an NTEU member. What if my supervisor does try to discipline, bully, sack or harm me for going on strike on Wednesday?
A The Fair Work Act prohibits that kind of action and you should immediately report it to the NTEU.
Q Can management or my Head of School ask me if I am going to go on strike and do I have to tell them? For example, am I required to fill out an industrial action advice form prior to going on strike?
A Under no circumstances and under no legislation are you required to tell University management, your Head of School or your supervisor, or any other officer of the University that you will be taking part in industrial action. The Union provides the appropriate notice on behalf of members. You can simply say, “I don’t have to answer that question.” Members should contact the Branch if they are being pressured to provide this information and the Union will take appropriate legal action.
Note: Management is entitled to ask you after the action whether you were on strike and you should answer or return the form on the due date.
Q What if I am a casual? Do I come to work or not? What if I am not scheduled to work on that day and I am asked to work to cover a colleague on strike?
A Casual staff are striking too. You are not required to attend work, and should not be pressured or required to attend work regardless of whether it is a rostered day for you or not.
Q Am I expected to work longer the next day to “catch up” on work that I missed?
A No. You are not paid for the time you have not worked. Any extra work you are required to do by your employer should count as paid time/flexitime/overtime as appropriate.
Q I have lectures/tutes. Should I tell my students?
A This is up to the individual academic. There is no obligation to inform students, and you will effectively be giving the University advance notice of your intention to strike. If you feel you must inform students, please advise them only that you will not be attending on that day. It is NOT your responsibility to cancel/postpone lectures or tutorials and you should not do so.
Q I supervise staff. Should I tell my staff?
A There is no obligation on you to inform your staff or to provide them with directions for the day you are not attending. This responsibility will fall on your supervisor.
Q What about non-members?
A We encourage non-members to join the NTEU and participate fully in the strike. After all, non-members will reap the benefits of the collective agreement their colleagues in the NTEU QUT Branch bargaining team is negotiating. Please note that the Union is not calling on non-members to take industrial action.
