NTEU Monash
@nteumonash.bsky.social
130 followers 43 following 36 posts
The official Bluesky account for the Monash Branch of the National Tertiary Education Union - authorised by Ben Eltham, Branch President
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nteunion.bsky.social
Take part in a groundbreaking workplace psychosocial safety census of all university staff in Australia, run by Pyschosocial Safety Climate Global Observatory. This an independent survey from University management and only open to staff.

Start here: nteu.info/census (takes 5-6min)
nteumonash.bsky.social
We're sad to see you go comrade but can't wait to see what trouble you get up to in Canberra!
blairwilliams26.bsky.social
I'll be sad to leave my students, colleagues and the formidable @nteumonash.bsky.social branch committee, I'm so grateful for the past 3 1/2 years. I've loved teaching the 1st year Auspol course and reshaping its curriculum to be more inclusive/diverse, and creating my beloved genderpol course.
Me and a bunch of members, holding a "STOP WAGE THEFT SIGN" at an NTEU protest
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wyld.bsky.social
below is the brief acceptance speech I was going to give on Tuesday, but instead my Fellowship was rescinded a few hours before the award ceremony:-

I acknowledge that I’m speaking on the unceded lands of Turrbal, Yuggera and Jagerra peoples and pay my respect to their Elders, past and present.
1/
nteumonash.bsky.social
👇👇👇
stopwoodsidemonash.bsky.social
This outcome from the new environment minister is extremely disappointing, but not surprising.

#WoodsideEnergy is a bad faith actor, and will now go ahead with the biggest fossil fuel project in Australia’s history.

@monashuniversity.bsky.social still think this is a good partnership?
Watt clears path for Woodside decision, rejecting green group concerns
The path has been cleared for a final decision on Woodside's proposal to extend the life of its North West Shelf gas project to 2070, with Environment Minister Murray Watt formally rejecting challenge...
www.abc.net.au
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clairefield.bsky.social
Working arrangements in Australian universities remain precarious despite recent IR changes - as casual academics & @nteunion.bsky.social reps Emily Foley & Tony Williams explain on the latest episode of the podcast

“They just sort of institutionally ghost you”

whatnowwhatnext.buzzsprout.com
What now? What next? Insights into Australia's tertiary education sector
Claire Field talks with leaders and experts from within the Australian tertiary education sector and across the global ed-tech sector
whatnowwhatnext.buzzsprout.com
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beneltham.bsky.social
Ms Kelly rests now. And we've finished up. Justice Snaden reserves judgment for 2025.

Thanks for following this thread.
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beneltham.bsky.social
Ms Kelly responds. She observes that the Fair Work Act requires records to meet the regulations prescribed in s535, incuding the rate of pay, which Monash clearly has not.
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beneltham.bsky.social
There is now some confusion about the statement of claim, and whether it has info about any of the hours of the tutors. Mr Bourke then concedes that the Univrersity' defence here will stand or fall on the construction of the Agreement. "We haven't kept records," he mumbles.
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beneltham.bsky.social
Mr Bourke now says the University denies it didn't keep records of the tutors' pay. His honour seems puzzled about this. Do you have the records, he asks, they're not in evidence. Well, we have them, Mr Bourke says, we know when the tutors kept their consultation hours.
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beneltham.bsky.social
Now we're discussing the QUBE v CFMEU case, which was also about standing (but was about a different issue, in that case it was a variation application). The judge actually sat on that case, so he doesn't seem convinced by Mr Bourke's arguments on this
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beneltham.bsky.social
Why would the legislature seek to limit workers' rights to seek remedies, the judge asks. There's little guide, Mr Bourke concedes. But it might be about limiting disputation. Elsewhere in the Act, he notes, "applies" means where an EBA is in operation.
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beneltham.bsky.social
Mr Bourke raises the point about tutorial being a piece rate. The University could give directions about how the tutorial could be delivered. If my learned friend's argument is correct, if the Uni issues any directions about associated work, it would be Other Required, this is "improbable"
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beneltham.bsky.social
Justice Snaden asks Mr Bourke: isn't it just that this is some of the work that may be done by the tutor, and if it is done, it would be associated, and not paid for? Mr Bourke repeats his point that it is required work as part of the tutorial engagement.
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beneltham.bsky.social
Mr Bourke discusses ad hoc meetings. These are required too, Mr Bourke says. "Why?" asks his honour. "Everything is required," Mr Bourke replies. His honour does not seem convinced.
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beneltham.bsky.social
Mr Bourke rebuts the NTEU's argument that the University can't give lawful and reasonable directions about associated work. His honour says the Q is whether the consequences of lawful and reasonable is that it becomes liabe for payment. Mr Bourke says this doesn't mean directions can't be given
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beneltham.bsky.social
Mr Bourke has handed in a 31-page written closing submission. Ms Kelly objects to Bourke submitting a written closing. It is unfair, she argues, that one party has handed in a settled, footnoted document.
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beneltham.bsky.social
Summing up, Ms Kelly concudes, if his honour accepts the NTEU's construction, then these teachers have not been paid for these consultations, and Monash Uni has therefore breached the EBA and the Act
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beneltham.bsky.social
Moreover, Ms Kelly notes, there a range of practices about paying tutors at the university. Some Schools at Monash *do* pay students for consultation, so it's clear there's no common custom and practice here.
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beneltham.bsky.social
So, Kelly argues, contemporaneous is *not* a whole extra hour of scheduled consult time, which is not associated with the particular tutorial, and could be about the entire unit, or indeed student welfare etc
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beneltham.bsky.social
If you do no preparation for the tutorial, you get paid the same as if you do 10 hours of preparation for the tutorial, Kelly observes.
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beneltham.bsky.social
Ms Kelly argues, the rolled-up rate is an industrial compromise. Academic work is indeterminate, it does not lend itself to an hourly rate. The rolled-up rate is paid for the hour. "You've got to deliver the product, and the product is an hour-long tutorial", Snaden says. Kelly agrees.
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beneltham.bsky.social
Isn't this lots of work, asks Justice Snaden? Judges don't get paid for everything we do, he says. Ms Kelly agrees, barristers don't get paid for their professional development. But she argues, a wage employee is in a very different position.
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beneltham.bsky.social
Is it a piece rate, Justice Snaden asks? A tutorial is a piece rate, Ms Kelly agrees. So how will the history assist, he asks. She says this structure of payment is not new. If you perform a tutorial, you're paid for the tutorial; if you are paid for "Other Required" you are paid by the hour
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beneltham.bsky.social
Prof Mills says the reasoning given in the email was incorrect, tutors were still required to do some consultation.