The Guardian 23 January, 2008
University caught out in illegal AWAs
The National Tertiary Education Union (NTEU) has referred the employment practices of the University of Wollongong to the Federal Workplace Ombudsman and requested that the institution be prosecuted for illegally offering jobs on an AWA-only basis.
This follows a decision by the university prior to Christmas to offer employment in its new and expanding Medical School on an AWA-only basis, in breach of the collective agreements, which require that "At the time of offering an AWA the university will offer a genuine and informed choice between the AWA and this agreement."
In an attempt to let potential employees know their rights, the NTEU took out an advertisement earlier this month in the Illawarra Mercury. The advertisement pointed out the fact that employees have the right to a choice, and advised them to contact the union.
The NTEU has also briefed the office of Workplace Relations Minister Julia Gillard about the breaches of the law and has raised an industrial dispute with the university.
The "AWA-only" basis of the employment was not included in the job advertisements, and the union only became aware of the offers when job applicants complained. The union believes that the university has deliberately concealed its plans by adopting this new industrial tactic over the Christmas-New Year period.
NTEU National President Carolyn Allport said: "We are very surprised given the result of the federal election, that the university would deny new staff the right to be covered by the collective agreement. These inferior AWAs lock staff into inferior conditions of employment for five years.
"By doing this, the university is adopting a far-right industrial agenda and seeking to impose bad outcomes on new staff before the law is changed by the new Labor Government."
The AWAs remove significant conditions compared to the collective agreement, ranging from allowances, leave provisions and levels of redundancy pay. Pay rises to cover the last four years of the AWA are not guaranteed.
"It is disturbing that the AWA being pushed onto these job applicants removes protections for academic freedom, which are of particularly important for academic staff working in medical fields," said Ms Allport.
"The NTEU has sought that the university delay the finalisation of any AWAs until January 14, to allow time for a negotiated outcome, but this proposal was rejected by the university."