Extraordinary move by VU management in response to NTEU industrial bans

Register here for an urgent members' meeting tomorrow, 12.30pm Friday 30 August

Dear NTEU VU members,

In response to NTEU giving notice of industrial bans scheduled to commence this coming Monday, VU management have begun notifying staff that VU will refuse to accept ANY work from NTEU members who participate in the bans.

There will be a members meeting tomorrow 12.30pm Friday 30 August to discuss these developments, and decide on our next steps. Register to attend here.

In communications to all staff titled “Information on Protected Industrial Action”, management have stated the following:

Please note that the University will not accept partial performance of a staff member’s normal duties. Therefore, those employees who choose to participate in work bans will not be paid for each day that they participate in any ban action.

NTEU understands this to be a notice of non-payment per s 471(4) of the Fair Work Act. This means that management will not provide any payments, and will not accept any work from NTEU members that participate in the notified work bans. In practice, management is essentially locking out NTEU members who have chosen to take part in limited work bans.

Members should be aware that as a result of management issuing this notice, NTEU members participating in the work-bans are not required to attend for work from Monday 2 September until Friday 13 September if you would be engaging in a systems ban, or from Monday 2 September to Friday 6 September if you would be engaging in a teaching ban. This is protected industrial action under the Fair Work Act.

Management have also stated in their communications that staff are obliged to advise if they are intending to participate in the work-bans. This is not correct. The union provides notice of protected industrial action. Employees are not obliged to advise management of their participation in protected industrial action prior to taking the action. Members should only advise management of their participation in the protected industrial action once they stop taking the action and return to work, as usual.

Note that because management has decided to issue this notice refusing to accept work from NTEU members participating in bans, members will not receive pay for any day they take protected industrial action

We are working to provide more information about this move by management, what it means for you, and how NTEU VU Branch will work to support you in taking protected action in an email tomorrow.

Please keep an eye out for this email!

In strength and solidarity,

NTEU VU branch