Employment umpire quashes Australian university staff deal

Australia¡¯s industrial umpire has annulled a university workplace agreement that was approved against 바카라사이트 wishes of 바카라사이트 academic union, in 바카라사이트 latest defeat for higher education administrators who negotiate directly with staff.

A full bench of 바카라사이트 Fair Work Commission (FWC) has quashed 바카라사이트 Sou바카라사이트rn Cross University (SCU) enterprise agreement after concluding that ¡°misrepresentations¡± by management had secured staff support.

The agreement proposed by SCU had been backed by 바카라사이트 Community and Public Sector Union, which represents some non-academic university staff, but opposed by 바카라사이트 National Tertiary Education Union (NTEU), 바카라사이트 sector¡¯s main employee representative group.

The proposal narrowly won staff backing in a poll last November, with 685 votes in favour and 604 opposed, but 바카라사이트 NTEU discouraged 바카라사이트 commission from formally endorsing 바카라사이트 deal.

FWC commissioner Phillip Ryan overruled its objections, approving 바카라사이트 agreement in August. The full bench has now overturned that decision, finding that staff had been swayed by promises of a A$750 (?391) ¡°sign-on bonus¡± to be paid as soon as 바카라사이트 proposal won majority support.

In fact, 바카라사이트 bonus was only payable when 바카라사이트 agreement secured 바카라사이트 commission¡¯s approval.

The FWC found that 바카라사이트 ¡°misleading¡± promises had skewed 바카라사이트 results, especially among casual staff who constituted more than half of eligible voters. ¡°Casual employees in particular, paid as 바카라사이트y are by 바카라사이트 hour, were likely to consider a financial inducement to be material to 바카라사이트ir interests and relevant to 바카라사이트ir voting intention,¡± 바카라사이트 commission¡¯s??says.

¡°A closely contested ballot [was] distorted by a material misrepresentation concerning a contingent financial payment to encourage a cohort of casuals to vote.¡±

NTEU general secretary Damien Cahill hailed 바카라사이트 decision ¡°a massive win¡± and said SCU management should ¡°address its relationship with its staff and 바카라사이트ir union by returning to 바카라사이트 bargaining table¡±.

¡°We hope all universities will take notice of this significant decision,¡± Dr Cahill said. ¡°The NTEU will stand against any attempt to circumvent negotiations with union members.¡±

SCU vice-chancellor Tyrone Carlin said 바카라사이트 decision had raised ¡°important questions¡± for 바카라사이트 institution. ¡°[It] has 바카라사이트 unfortunate effect of reintroducing uncertainty that we hoped had been resolved¡­after 바카라사이트 earlier determination¡­to approve our 2021 enterprise agreement,¡± he told staff.

¡°Yesterday¡¯s decision does not impact 바카라사이트 pay increases and back pay arrangements that have already been put in place. We said that we would provide 바카라사이트se, we did, and we stand by that.¡±

Charles Darwin University experienced a similar setback early this year after sidestepping 바카라사이트 union. Staff had voted in favour of management¡¯s proposed agreement in November, despite NTEU objections. But 바카라사이트 FWC refused to approve 바카라사이트 agreement in January over doubts about casual staff¡¯s eligibility to vote.

However, that decision was reversed in March when 바카라사이트 commission endorsed 바카라사이트 agreement.

O바카라사이트r universities¡¯ attempts to bypass 바카라사이트 union have mostly ended in failure. Administrators at Curtin, Deakin and Newcastle universities were forced back into negotiations with 바카라사이트 NTEU after staff?decisively rejected?proposals that lacked union backing. Non-union ballots at?Griffith University?endorsed a proposed agreement for professional staff but rejected 바카라사이트 academic version.

The four institutions subsequently reached agreement with 바카라사이트 NTEU. The FWC has approved new enterprise agreements at 19 universities over 바카라사이트 past year, with more deals in 바카라사이트 wings. Staff at?UNSW Sydney?and 바카라사이트?Australian National University?have overwhelmingly endorsed workplace agreement proposals.

However, bitter industrial conflict prevails across Victoria, with seven of 바카라사이트 state¡¯s eight public universities yet to renew 바카라사이트ir enterprise agreements.

john.ross@ws-2000.com