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Despite one new case as we publish this update, but having achieved the psychological benchmark of 14 days in South Australia without a new COVID-19 infection, people are feeling a lot more confident that normalcy will be back sooner rather than later. Each state is making their own judgement calls about students returning to schools and South Australia’s good numbers augur well for a prompt return to face-to-face-only teaching.

What does the IEU want for its members? Click here to find out via our video message

Have you met our new President yet? Click here for Britta Jureckson’s message

Dispute with employer over legitimacy of stand downs

In essence, the IEU’s position is that in jumping to widespread stand downs at the end of Term 1 (particularly in CCES schools) the employers were cutting far too early, far too deeply and often quite brutally in the delivery.

We are still not convinced that the stand downs were compliant with the Act, and that the Enterprise Agreement (EA) consultation and representation clauses were properly complied with.

To progress the matter the IEU called for a dispute resolution meeting, which was held on Monday May 4th (Yes by Zoom!). Both sides had their lawyers but unfortunately there was no progress made in resolving the entrenched technical positions at this meeting.

We moved on to seek further and better particulars of which schools were accepted into the JobKeeper program, and, when employees who had been either partially or fully stood down could expect to be reinstated; preferably with continuity of pay.

We did also raise the issue of the treatment of vulnerable workers and only got traction if they were stood down whilst on approved leave.

No satisfactory answers were obtained, leaving only formal Commission processes for resolution of the underlying issues.

JobKeeper scheme

The IEU has been informed that 62 CCES schools have applied for JobKeeper status because their income for April 2020 was at least 30% lower than for April 2019. If employees in those schools were asked to sign the JobKeeper employee forms there would, on balance, be no detriment to the employee but a positive outcome for the school.

With JobKeeper comes enhanced powers for the employer to change hours or stand down, but as students are returning to schools the need for further stand downs is remote.

The JobKeeper scheme can be confusing but some points to remember are

• The employee doesn’t get the JobKeeper $1500 per fortnight, the school does.
• For the school to claim the $1500 for each and every employee (whether stood down or not) they must have already paid each and every employee at least the $1500 (whether stood down or not). This why some people will notice extra payments being made this week.
• The JobKeeper $1500 is not on top of normal salary, it provides a floor.
• If for example an employee normally earns $1000 per fortnight they will need to be paid $1500 and cannot be required to work extra hours to “earn” it.
• If someone normally earned $2000 per fortnight they will still only get $2000 and the school will keep the $1500 towards that payment.

Members with particular concerns should contact their Organiser directly or via the IEU office – 8410 0122. Alternatively email questions to enquiries@ieusa.org.au

More detailed information can be accessed in the Fair Work Commission JobKeeper Benchbook
https://www.fwc.gov.au/resources/benchbooks/jobkeeper-disputes-benchbook

Stand downs and Stand ups

By now, CCES schools should have restored all stand down hours, with the possible exception of boarding houses, which are in the process of undertaking a risk analysis.

The Congregational schools are making their own determinations on the return of hours.

As much as the restoration of lost hours was our headline claim, and it is almost completely achieved, people will have still lost pay for Term 2, up until the restoration.

Some will have this lost pay either partly or fully, or more than fully covered, by Jobkeeper money. The restoration of lost earnings may end up as a series of individual claims.

Students returning and workplace safety

Thanks to all the Reps who have responded promptly to our survey about school safety measures in place for the return of students in Term 2. Generally, there is a good level of COVID related activities being put in place. A few outliers can now be followed up.

We have had discussions with the employers about benchmark safety standards that are to apply to schools. The discussions were quite general but the most useful document comes from the Catholic website. Click here to access the risk analysis proforma for Catholic schools. It is a very useful document.

Vulnerable workers

Now that risk levels are subsiding I would expect that many people with milder conditions would be more comfortable about returning to work on site. There are however still many people for who the risks are still unacceptable. If you have not been satisfactorily accommodated by your school please contact the office on 8410 0122 or enquiries@ieusa.org.au and we can assist you with your individual matter.

Wages increase

Apart from any JobKeeper payments, members may notice that base rates of pay have changed. This is an outcome of the last EA which picked up the 2018 and 2019 increases in the government sector. New rates will be 2.35% higher than before and finally drag the Catholic sector into the “100k Club” for top step teacher salaries.

In the coming months you can then expect the back pay and super. Those with annual super contributions close to the upper limit of $25k may have to take some advice as to how to best manage that. NGS will gladly assist NGS members.

Negotiations for the new EA have been put on hold while everyone concentrates on coping with the COVID-19 pandemic.

Helpline

Our extended phone hours appear to be popular during these chaotic days, so we will re-open the Helpline Monday to Thursday 8am to 8pm, starting Monday May 11th. Helpline hours will be normal office hours on Fridays – 8.30am to 5pm. Alternatively, you can email your queries to enquiries@ieusa.org.au