Non-union agreement overwhelmingly defeated

The National Tertiary Education Union (NTEU) have had an important 
victory against non-union enterprise agreements at the University of 
NSW.

The NTEU reports that 1,210 (74%) staff voted against management's proposed 
agreement and only 423 (26%) voted voted for it. Some 60 percent of 
eligible staff voted in the ballot.

"The academic staff have clearly rejected the Vice-Chancellor's divisive 
and negative strategy", said Dr Rae Frances, President of the UNSW Branch 
of the NTEU.

"[Vice-chancellor] Professor Niland should accept the clear view expressed 
by the UNSW academic staff that any agreement should be negotiated with the 
NTEU and must deliver an acceptable salary rise, job security and 
protection of our working conditions", Dr Frances said.

The offer proposed by management had been previously rejected by staff at 
three packed general meetings held since June.

There were a number of areas of disagreement.

The NTEU sought a three-year agreement with a total of 14.2 percent in five 
cumulative instalments up to October 2002, with additional budgeting to 
fund the pay rises. This would bring them into line with Sydney University 
which has signed an agreement with the NTEU.

The University only offered a two-year agreement with cumulative rises 
totalling 7.2 percent, of which 3.3 percent was to be found within the 
existing budget — meaning through job losses.

The union was not prepared to fund wage rises by job losses.

The University was not prepared to make any offer in relation to 
superannuation above the statutory minimum of eight percent. The union was 
demanding that the current level of employer superannuation contributions 
(17%) be maintained and included in the agreement.

The inclusion of superannuation is important as Workplace Relations 
Minister Peter Reith is attempting to have superannuation removed from 
awards.

The University also refused to undertake not to offer Australian Workplace 
Agreements (individual contracts) to staff during the life of the 
agreement.

This demand was to ensure that the conditions and pay of all staff are at 
least as good as provided for in the enterprise agreement.

The Federal Government's second wave legislation permits employers to 
secretly negotiate individual contracts which override and undermine the 
contents of enterprise agreements.

NTEU General Secretary Graeme McCulloch welcomed the result as a decisive 
vote of support for the NTEU's national bargaining approach — an approach 
which Reith is also trying to outlaw.

"This result sends an important message to Vice-Chancellors around the 
country. We know that many Vice-Chancellors have been waiting for the 
outcome of this ballot.

"The message for them is to get on with negotiations and deal with their 
staff in a constructive way.... Any Vice-chancellor considering similar 
tactics would be foolhardy in the extreme", concluded Mr McCulloch.

The NTEU now expects to reach agreement at a number of universities within 
weeks and for negotiations to continue at the University of NSW with the 
union now in a far stronger position.

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