Advice & Assistance
This section answers some basic industrial questions, but should not be seen as a replacement for industrial advice specific to your situation. Please contact your local Branch office for further assistance.
For general information on your employment conditions, click here.
- How do I find out my entitlements?
- What am I entitled to if I am not covered by an Agreement?
- How do I get my position reclassified?
- I am being bullied. What can I do about it?
- I am being made redundant. Can I challenge the decision?
- What do I do if my workload is excessive?
- I am thinking of resigning/retiring. What do I need to know?
Questions about workplace rights and conditions
For nearly all NTEU members, entitlements are set out in the Enterprise Agreement which applies to the specific workplace.
The Agreement, which was negotiated between the NTEU and the employer, provides comprehensive entitlements including; salaries and classifications, leave, discipline and termination procedures, as well as rights regarding academic freedom and intellectual property.
Your Enterprise Agreement can be found at your local Branch homepage.
For a small number of NTEU members working for private providers, entitlements are set out in one of the modern awards or in an Award which applies only at your workplace.
The award, plus the National Employment Standards (NES), are the employees’ minimum entitlements. The awards and NES are located here.
The procedures for general staff reclassification are set out in the Enterprise Agreement which applies to the specific workplace. The Agreement was negotiated between the NTEU and the employer.
Generally, an employee can make an application for a reclassification if the duties of the position have changed to such an extent that the position should be classified at a higher position.
Further information can be found in the Agreement applying at your specific institution. Your Enterprise Agreement can be found at your local Branch homepage.
Under Occupational Health and Safety legislation an employer has a duty to provide a healthy and safe workplace. This includes a workplace free from bullying behaviour.
Bullying is defined as:
- Repeated, unreasonable behaviour directed towards an employee, or group of employees, that creates a risk to health and safety.
- Behaviour that offends, humiliates, intimidates or undermines a person.
If you believe you are being bullied you should contact your local Branch Organiser who will explain the process for dealing with complaints of bullying and assist to in lodging a complaint. For further information go to your local Branch homepage.
Your rights regarding redundancy and redundancy pay are set out in the Enterprise Agreement which was negotiated between the NTEU and the employer at each workplace. If you are not covered by an enterprise agreement then the National Employment Standards (NES) regarding notice and redundancy pay apply.
In most Agreements there is a provision to challenge the redundancy decision and this is usually considered by a review committee consisting of equal management and union representatives. For specific details which apply at your workplace go to your local Branch homepage.
Workload regulation is set out in the enterprise agreement which was negotiated between the NTEU and the employer at each workplace.
For academic staff the Agreement generally provides for a maximum number of contact hours and a restriction on the number of hours for additional academic duties. Most Agreements provide for a mechanism to challenge workloads which are considered excessive.
For general staff the Agreement sets out the ordinary hours of work each week, the span of hours in which these can be worked and the provisions applying to overtime.
Most Agreements stipulate what is considered to be reasonable requirements for overtime. For further information go to your local Branch homepage.
BEFORE giving notice resigning/retiring you should check the required notice period which is set out in the Enterprise Agreement which was negotiated between the NTEU and the employer at each workplace.
You should also seek advice from the Branch Organiser particularly if you are resigning due to some issue or dispute with your employer.
IT IS IMPORTANT TO NOTE that once you have given notice you are very unlikely to have any rights in relation to withdrawing it unless the employer agrees. For further information go to your local Branch homepage.