Terms and Conditions
Terms and Conditions
- The IEU will not provide advice to, or advocate on behalf of non-members.
- No advocacy will be provided for members on matters which predate their financial membership.
- A member may be given limited advice on a pre-existing issue after having been a financial member for at least 3 months. The level of support provided is determined on a case-by-case basis and is at the discretion of the Secretary.
- The IEU strives to achieve fair, reasonable and workable solutions to members’ industrial and professional issues. The appropriate level of support will be at the discretion of the Secretary but may include
– Advice from Organisers or other professional staff.
– Advice from, or an interview with, an IEU nominated lawyer.
– Advice on, or provision of, written responses.
– Attendance and advocacy at meetings, investigations, tribunals etc
– Lodging and/or running applications before Fair Work Australia, SAET (Workers Compensation), Teachers Registration Board and other tribunals or courts of competent jurisdiction.
– Where warranted and to the extent that the resourcing required is prudent, provide legal representation.
- Recognising that disputation can be damaging to working relationships, the IEU will attempt to achieve a mediated outcome of issues involving workplace participants at the earliest possible stage.
- Where 2 members are in dispute, the IEU will attempt resolution using one Organiser rather than providing each member with their own separate representation. Should that approach be impractical, consideration will be given to the provision of additional resources.
- Where a dispute is between 2 (or more) members acting in an employee rather than a management capacity
– The IEU will support the individual parties to the level that their cases can be effectively put for determination by the appropriate decision maker.
– The merits of the case may warrant an unequal allocation of resources to the parties to the dispute.
- Where a member is acting with significant managerial authority and is implicated in a dispute with another member operating in a subordinate employee capacity and initial attempts to mediate or solve the issue have failed
– IEU support would be given to the non-managerial member only
– When acting as “management”, the member would expect support from the employer’s HR/IR capability.
- When a member in a management role has a dispute or issue with their employer, normal levels of support would be given to that member.
- The resources of the IEU are limited and decisions as to the level of resourcing provided to individual (or groups of) members will be made in the context of what is also reasonable in balancing the needs of the membership and the organisation as a whole.
- The IEU does not provide legal advice or support in civil or criminal proceedings even if related to workplace issues.
- Membership does not automatically entitle a member to legal representation at the Union’s expense. Each case is evaluated on its merits by the Secretary and may include factors such as, but not limited to
- Admissions made and prima facie evidence presented
- The prospect of success
- The cost or complexity of proceedings compared with the gravity of the issue
- Strategic implications and precedent setting
- The interests of other members
- The interests of the profession
- Where legal representation is engaged to conduct a matter
- The IEU maintains decision making power over the conduct and direction of the case, including the decision to withdraw from the case part way through.
- Should a member choose to not follow the advice given, or choses separate representation, they may continue to conduct their own matter at their own expense and the IEU will withdraw.
- The IEU may set limits to the costs of legal representation it is willing to provide, beyond which the member would bear responsibility for legal costs if the case were to proceed past that point.
- The IEU may enter into cost sharing arrangements with members on mutually agreeable terms which may include an agreement for the member to reimburse IEU legal expenses from any settlement proceeds.
- Where a civil penalty is awarded against the other party in a matter being conducted by the IEU on behalf of a member(s), the IEU would retain that amount as an offset to the internal and external costs of conducting the matter.
- Compensation amounts awarded would normally be attributed to the member, subject to any cost sharing arrangements entered into previously.
- Any special requests for variations to this policy need to be put to the Secretary in writing along with supporting argument.
- Members who are not satisfied with a discretionary decision of the Secretary with respect to this policy, may place their grievance in writing before the Executive. The decision of the Executive shall be final.
- Members have a responsibility to notify and pay the appropriate level of fees and levies as varied or set from time to time.
- Members who are found to be underpaying membership fees risk being declared unfinancial and losing industrial and professional support until arrears have been paid and the appropriate ongoing fee is being paid.
- Salary levels for determining membership fees are based on gross salaries before tax, salary sacrifice or other deductions.
- Members should always refer to recent payslips or the current enterprise agreement when confirming actual gross salaries. With successive wage increases, members can expect that their fee category will increase over time even if their time fraction or classification level have not changed.
- Should a member’s personal circumstances cause the payment of the scheduled fee to be unduly onerous or oppressive, the member may put a case to the Secretary for a temporary or medium term concession on mutually agreed terms which balances the interests of the individual member and the membership at large.
- Salary based fees are payable during periods of paid leave such as annual leave, sick leave, long service leave, termination/redundancy notice period, separation payment periods and absence on worker’s compensation.
- Members’ work situations may change during the year and it is the responsibility of the member to notify such changes in a timely fashion so that their contact details can be updated and the correct fee levels charged.
- Schools and other employers do not notify the IEU of salary or other changes such as FTE fraction, maternity leave, resignation, promotion etc.
- Changes can be notified by phone, email or website at any time and members should not wait for any annual updating process conducted by the IEU.
- Where changes to a member’s fee category would result in a higher fee being payable and the member has not notified the IEU of the changes to their fee category in a timely manner, the member will be charged for the amount underpaid in addition to the ongoing fee.
- Where changes to a member’s fee category would result in a lower fee being payable, no more than the last 6 months of overpayment will be refunded. All refunds also incur an administration fee below which no refund is payable.
- IEU(SA) rules do not allow for the suspension of membership for periods of paid or unpaid leave or for any other reasons. Special rates apply for the retention of memberships of retired members and those on leave without pay.
- Where fees remain outstanding for 3 months, membership will be cancelled, but any outstanding fees are still payable and recoverable.
- All resignations must be in writing and take effect 1 month after notification is received, with fees for that month and any outstanding fees being payable and recoverable.
- Any special requests for variations to this policy need to be put to the Secretary in writing along with supporting reasons.
- Any member who is not satisfied with a discretionary decision of the Secretary with respect to this policy may place their grievance before the Executive. The decision of the Executive shall be final.