5 June 2023

Professor Pip Nicholson
Deputy Vice Chancellor (People & Community)

Chancellery
Level 2, Walter Boas Building
The University of Melbourne, Victoria 3010 Australia
By Email: p.nicholson@unimelb.edu.au  
Cc: sean.hogan@unimelb.edu.au; martin.bower@unimelb.edu.au; cath.pollard@unimelb.edu.au; Olivia.Blackney@unitedworkers.org.au    

Dear Professor Nicholson,

University’s correspondence of 2 June 2023

We refer to your most recent “Bargaining Update” email, which was sent to all University of Melbourne (University) staff on 2 June 2023.

Specifically, we note the following assertion contained in this email:

 “Although the NTEU clarified that its proposed secure work provisions apply only to academic positions, it remains our objective to establish viable and enduring workforce planning solutions for both academic and professional staff.” (NTEU’s emphasis)

NTEU’s secure work claims
As the University is aware, NTEU has made a series of interlocking secure work claims throughout bargaining, which formally commenced approximately 10 months ago.

These claims are set out in the union’s log of claims dated 10 August 2022 (NTEU LoC) and the proposed replacement enterprise agreement we served on the University on 30 September 2022 (NTEU Agreement).

 At a high level, these claims encompass:

• A requirement that the University ensure at least 80% of all staff, on both a headcount and a full-time equivalent basis, are employed in ongoing positions by 31 December 2024 (NTEU Agreement, clause 1.15) (Secure Work Target).

• The introduction of significant limitations on when the University can engage staff on a fixed-term or casual basis (NTEU Agreement, clause 1.19-1.20) (Restrictions on Insecure Contracts).

• Limitations on when the University can engage contractors or labour-hire (clause 1.21) (Same Job Same Pay).

• Improved conversion rights for fixed-term employees (NTEU Agreement, clause 1.19.2) (Conversion Rights).

• Abolition of periodic and Continuing (Research Contingent) employment categories (NTEU Agreement, clause 1.17).

• A process whereby work currently done by casual academic employees can be “securitised” into ongoing Teaching & Research positions NTEU Agreement, clause 2.7) (Securitisation).

Except for clause 2.7 (Securitisation), each of NTEU’s secure work claims apply to both academic and professional staff. This is immediately apparent on the face of the clauses. They appear in Division 1 of the NTEU Agreement, which states “Division 1 of the Agreement applies to all Employees”.

The NTEU bargaining team has spent many hours over the past 10 months walking the University’s representatives through these claims and clauses in detail. Specifically:

• On 16 August 2022 (all-day bargaining meeting): The NTEU bargaining team provided a comprehensive overview of the NTEU LoC. Several hours of this meeting were dedicated to discussing the union’s secure work claims.

• On 29 November 2022 (all-day bargaining meeting): Several hours were spent discussing the NTEU’s Secure Work Target, Restrictions on Insecure Contracts and Same Job Same Pay proposals, including detailed discussions of how these would apply to the University’s academic and professional employee cohorts.

• On 5 December 2022 (all-day bargaining meeting): Several hours were spent discussing the NTEU’s Securitisation proposal.

• On 2 February 2023 (all-day bargaining meeting): The NTEU’s Same Job Same Pay proposal was discussed at length.

• On 8 March 2023 (half-day bargaining meeting): A presentation on all of the NTEU’s secure work claims was delivered by members of the union’s Insecure Workers Network (IWN). Members of the NTEU bargaining team provided a brief snapshot of the NTEU’s claims, and then heard from academic and professional IWN members about their experience of insecure work at the University. The slide pack presentation was subsequently provided to the University’s bargaining team, and is annexed to this letter for ease of reference.

• 5 April 2023 (half-day bargaining meeting): A presentation was given by Dr Kylie O’Connell (Workforce Strategy) on the University’s decasualisation strategy. After this presentation, the union asked extensive questions about how the University’s strategy intersected with the NTEU’s Secure Work Target proposal.

• 24 May 2023 (half-day bargaining meeting): The parties extensively discussed the NTEU’s Secure Work Target and Securitisation proposals.

• ·31 May 2023 (half-day bargaining meeting): The parties extensively discussed the NTEU’s Secure Work Target and Securitisation proposals.

At no time during bargaining has NTEU withdrawn, moderated or compromised on any of its secure work claims.

We are therefore extremely distressed and confused as to how the University could so categorically misunderstand our position.

This leads us to the regrettable conclusion that the University has intentionally mispresented the NTEU’s claim in a deliberate attempt to undermine collective bargaining and delegitimise the union. 

Breach of good faith bargaining requirements
As you are aware, both the University and the NTEU are subject to good faith bargaining requirements, as set out under s.228 of the Fair Work Act 2009 (Cth) (the Act).

Amongst these requirements, bargaining representatives must refrain “from capricious or unfair conduct that undermines freedom of association or collective bargaining” (s.228(e)).

The NTEU’s view is that, by deliberately misrepresenting the NTEU’s position on secure work in an all-staff communication, the University has breached its obligation under s.228(e) of the Act.

Proposed resolution
NTEU requests that, in order to remediate its breach of s.228(c) of the Act, the University issue a correction to the 2 June Bargaining Update on the following terms:

        Dear colleagues,

On 2 June 2023, I issued a bargaining update which stated that the National Tertiary Education Union (NTEU)’s “proposed secure work provisions apply only to academic positions”.

This statement was incorrect.

The NTEU has advanced a number of secure work claims throughout bargaining which apply to both academic and professional staff cohorts. This includes a requirement that 80% of all staff employed by the University be engaged on ongoing contracts by 31 December 2024, restrictions on the use of casual and fixed term labour and improved conversion pathways for insecure employees to access ongoing positions.

The NTEU’s secure work claims can be viewed in full here:

https://www.unimelbebanow.com/proposal

The University’s proposed Enterprise Agreement is also available in full at that link.

We have apologised to the NTEU for misrepresenting the union’s claims, and also wish to extend our sincere apologies to any staff who were impacted by the University’s inaccurate bargaining update.

The NTEU can be contacted directly at unimelb@nteu.org.au.

Pip Nicholson
Deputy Vice-Chancellor (People and Community)

Next steps 
We request that this correction be issued by no later than 5:00pm, Wednesday 7 May 2023.

In the absence of the University agreeing to this course, we confirm our intention to apply to the Fair Work Commission under s.229 of the Act seeking good faith bargaining orders to the same effect, without any further notice to the University.

*           *           *

We confirm that Olivia Blackney of the United Workers Union has been provided with a copy of this correspondence.

All of NTEU’s rights, and the rights of our members, are reserved. 

Regards

CHLOE MACKNEZIE
Acting Branch President
NTEU – University of Melbourne Branch 

JACOB DEBETS
Industrial Officer
NTEU Victorian Division