 Union
contract or individual contract?
Under Australian law, all employees have a contract
of employment. Sometimes these contracts are clearly set out in writing,
and sometimes they are more informal . Until recently, all casual contracts
of employment included the good conditions negotiated by the Union in
your university’s Collective Agreement.
However, this is now changing
with the introduction of the Federal Government’s Higher Education
Workplace Relations Requirements (HEWRRs), which require universities
to offer all employees an Australian Workplace Agreement (AWA). Most
universities are still offering you the choice of an AWA or the union
negotiated collective contract at the university.
You will be far better off
under the Collective Agreement rather than an AWA.
Because of the HEWRRs, you will
almost certainly be offered an AWA. You do not have to sign it.
NTEU has negotiated hard to ensure that you are offered a choice between
the AWA and the Collective Agreement.
Nonetheless, some employers
have started to offer casual work on a 'no AWA, no job' basis. If an
AWA is offered to you on these terms, contact the Union immediately
for advice and assistance. Do not sign the AWA without seeking advice
first, as it is almost impossible to return to the conditions under
the Collective Agreement once you have signed an AWA.
Remember, you do not have to
sign the AWA. If you don’t sign it, you will be covered by the
employment conditions in the Collective Agreement. For more information,
visit www.nteu.org.au/rights/awa/faq
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What
is an AWA?
An AWA is an individual
employment agreement. While a university’s Collective Agreement
applies to all staff, an AWA only applies to the individual who signs
it.
An
AWA is the only form of employment contract that can undercut the conditions
in the Collective Agreement, and AWAs are often used for this purpose
by employers. For example, an AWA could include a lower rate of pay
than those in the Collective Agreement. If you sign an AWA, the Collective
Agreement will no longer apply to you.
For
more information, visit www.nteu.org.au/rights/awa/faq
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Letter
of Appointment
You will usually be given a letter of appointment
either before or when you start work. At some universities, this is
just a form called ‘Casual Contract’ or ‘Record of Casual
Appointment’ or something similar. If weeks pass and you still
haven’t received one, follow it up with your supervisor. It’s
important to have this letter as it indicates what’s in your contract
of employment – this will be crucial to know if there is any misunderstanding
later on.
Your letter of appointment should stipulate the type
of employment and the terms of your engagement in relation to:
• The duties required.
• The number of hours required (e.g. 5 tutorials each week for
12 weeks).
• Rates of pay for each type of duty required.
• A statement that any additional duties required during the term
will be paid for.
• Other main conditions of employment, such as reporting relationships
and details of the Collective Agreement.
Keep your letter of appointment and any other official
documents relating to your employment in a safe place.
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Getting
paid on time
It’s a good idea to finalise your employment
details as quickly as possible to avoid missing a pay period. Check
with your School/Departmental administrator about frequency of pay periods
and whether there are cut-off dates for the lodgment of time sheets.
Normally, institutions are required to pay you within
22 days of the submission of a signed time sheet to the appropriate
person. You’ll need to find out who this is and make sure they
get your timesheets as soon as possible after completing any work, and
certainly by the cut-off date if there is one. If you haven’t been
paid within 22 days, contact the Union.
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Tax
Make sure you provide your tax file number to the
person responsible for administering your wages.
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Employee/Salary
Number
Keep a record of your Employee or Salary number so
you can quote it to the pay officer if any problems arise.
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