Enterprise Bargaining

Dear Colleagues,

As staff would be aware, the NTEU have advised that they intend to call a 24 hour strike on Thursday this week, 16 September 2004 at all campuses of the university.

The university is always in a dilemma as to how best to administer pay reduction arrangements for staff who go on strike. Section 187AA of the Workplace Relations Act prohibits an employer from making a payment to an employee engaging in industrial action. In practice, when industrial action is on a “Monash specific” matter, the university has in the past required that all staff who wish to be paid provide a certification that they were not on strike on that day.

On some occasions, such as short stop-work meetings or where the strike is more in the nature of national protest action, the university has used an alternative mechanism where the university has accepted reports from supervisors as to which of their staff was on strike on a particular day. This approach creates administrative and compliance difficulties, particularly when a staff member’s supervisor elects to participate in strike action.

Whilst it is acknowledged that not every staff member is happy with either method of reporting, on balance and to ensure compliance, the university has decided that it will require those staff who do not take industrial action on Thursday 16 September 2004 to certify that they were not on strike on that day.

The form to certify attendance which needs to be completed to ensure pay is not deducted is at the university’s enterprise bargaining website www.monash.edu.au/entbarg/. Once completed and authorised by your supervisor/nominee of supervisor, the form should be returned to HR Services for processing. A reminder message on the need to complete the form if you wish to be paid will appear on payslips on payday Thursday 30 September 20004. Administrative action to deduct pay will not be enacted until payday 28 October 2004 (at the earliest).

These arrangements only impact on academic and general staff, they do not presently apply to trades and services staff.

Finally on the strike day, there will likely be NTEU picket lines on each campus of the university. University Guidelines (based on past practice) in relation to picket lines are also available at www.monash.edu.au/entbarg/

Alan Lindsay

Deputy Vice-Chancellor (Academic)