New laws to help bullied workers find reprieve

27 December, 2013 | Media Release

Union’s welcome new laws that came into effect on January 1st 2014 that give bullied workers a way to solve stressful, damaging and sometimes deadly workplace bullying issues.

ACTU Assistant Secretary Michael Borowick said unions have been fighting for these changes for over a decade. “We put bullying on the agenda as a workplace issue and welcome these long awaited laws which we hope will directly and swiftly assist bullied workers.” 

“Every day unions hear heartbreaking story after story of bullying in the workplace and the significant ramifications on the health and wellbeing of these workers.”

“As far as I’m concerned the change in laws hadn’t come soon enough.”

Mr Borowick said the new laws meant a worker could now lodge an application with Fair Work Australia seeking an order that bullying stop.  Fair Work had to respond within two weeks of an application being lodged.  

“Previously these workers had very limited if any recourse to assist them in workplace bullying situations. 

Instead the bullying was often ongoing sometimes to the point where the person was forced to leave that job, required stress leave or/and medication and in some tragic cases committed suicide.

“An order “that bullying stops” is focused on preventing any further bullying and this should not only help workers avoid the health and safety issues that arise but it could decrease the financial cost of bullying on the economy which is estimated to be anywhere between $6 and $36 billion annually.” 

Unions regularly receive complaints from workers. Recent cases include:

•    A civilian working in the police force who was segregated, ganged up upon and after five years was forced to leave that workplace suffered post-traumatic stress;

•    A nurse who was publically degraded and also punished for taking time off to care for a sick  husband and son with change of shifts without notice;

•    A retail worker who was verbally abused and humiliated, not allowed to take leave and filmed by the manager who then shared the footage with other staff was forced to apply for worker’s compensation;

•    A dental worker was subjected to constant and unwavering bullying and harassment including about her personal life and about her injuries. Despite all her efforts the bullying would not cease; and,

•    A person working in a male dominated industry, who experienced sexual, physical and verbal abuse because she is female and gay. She received prank calls on her mobile and at home and a senior colleague grabbed her breast and said, “I can do that because I out rank you.” 

Mr Borowick said that these changes do not set out to prevent bullying occurring but they will aim to stop it. However it is estimated that the new laws will only assist 80 per cent of the workforce.

“It’s unfortunate that the laws will not cover 100 per cent of workers. We are looking into the details and await more information about who has been left out.”

Contact Details Jane Garcia on 0434 489 533

Download File:  ACTU Release: Bullying Now more than ever it is vital for UTS Professional staff to join together to stand up for your rights, if you are not already a member join today (https://membership.psa.asn.au/join/)

Rally video of Support for the NTEU UTS President defending union rights

Now more than ever it is vital for UTS Professional staff to join together to stand up for your rights, if you are not already a member join today (https://membership.psa.asn.au/join/)

Are you being targeted?

CPSU Bargaining team standing firm despite attacks

• With the recent events at the University we now run the risk of being denied the right to be represented at bargaining and other industrial matters without fear of retribution.

• Management have shown a recent enthusiasm to use the investigation process of:

 EB 6 clause 54 DISCIPLINARY ACTION FOR MISCONDUCT  

Application 

54.1 The procedures outlined in this Clause apply to all staff (other than casual staff) employed by 

the University.  

Definition 

54.2 ‘Misconduct’ means:  

(a) serious misbehaviour of a kind which constitutes a serious impediment to the 

carrying out of a staff member’s duties or to a staff member’s colleagues carrying out 

their duties; or 

(b) conviction by a Court of competent jurisdiction of an offence of a kind that may be 

reasonably regarded as constituting a serious impediment to the discharge by the 

staff member of his or her functions or duties, or to the staff member’s colleagues 

carrying out their functions or duties; and/or 

(c) serious dereliction of duties.   

Support Staff Agreement 2010 48

54.3 ‘Disciplinary action’ means any action by the University to discipline a staff member for 

misconduct and may include one or more of the following: 

(a) formal censure 

(b) formal counselling 

(c) demotion by one or more classification levels or increments 

(d) withholding of an increment 

(e) suspension with pay 

(f) termination of employment. 

•  One Professional Staff member was marched off the premises on Tuesday by representatives of UTS Management, HRU and UTS Security before being able to discuss unknown accusations in a meeting with UTS Management and a union representative.

• The University is persisting in wasting valuable resources on minor and unfounded claims which are easily unsubstantiated while putting staff under undue stress.

·         Now more than ever it is vital for UTS Professional staff to join together to stand up for your rights, if you are not already a member join today (https://membership.psa.asn.au/join/)

Petition: Defend union rights at UTS; lift suspension of NTEU President

I am posting this petition on behalf of the CPSU delegates who are also involved with bargaining @ uts who are concerned that bargaining in good faith has been brought into question with these actions against the NTEU President by the University. 

We encourage all our CPSU members to sign the petition please click on the link below.

Since I posted this further support has been called from Unions NSW!

NTEU Lecture 2013_3599 (Photo credit: NTEU Flickr)

Petition: Defend union rights at UTS; lift suspension of NTEU President

Posted 11 December 2013 by Emma Clancy (University of Technology Sydney)

In an extraordinary move, University management yesterday suspended NTEU Branch President Simon Wade by handing him a letter in the corridor, alleging serious misconduct. This happened after Simon had responded to a management directive to meet with only two hours notice by requesting a reasonable time frame to meet in order to arrange an NTEU support person, and requesting advice as to the nature of the meeting. 

This move comes after months of Simon being targeted in his workplace due to his involvement in enterprise bargaining on behalf of UTS staff. These attacks led to a hearing in the Fair Work Commission in September where protocols were established to provide for Simon’s attendance at the bargaining table. Despite these protocols the attacks continued unabated.

Staff and elected officials at the NTEU Branch and Division level are working to support Simon in refuting these allegations and to challenge the broader attack on the rights of members at UTS to be active in the NTEU. The work that is being done by Simon, and other people like Simon, to defend staff conditions against management’s attempt to avoid fair process and procedures, and remove any accountability for its decision making, is vital to ensuring UTS is a workplace where staff are treated with respect.  But we need all members to take action.

Please take two minutes to join with your colleagues and sign the online petition which demands that UTS follow the proper process in relation to Simon’s case - including lifting his suspension while the allegations are investigated - and that UTS respect the right of staff to organise in a trade union. Please also encourage member and non-member colleagues to sign.

There has never been a more important time to come together and stand up to management.

Now more than ever it is vital for UTS Professional staff to join together to stand up for your rights, if you are not already a member join today (https://membership.psa.asn.au/join/)