Independent Schools - New Awards

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VIEU this week wrote to all members in independent schools to reinforce a vitally important message about the potential risk to employment conditions.

VIEU is aware that a number of employers are taking advantage of the new award system that takes effect from 1 January to reduce conditions for staff. Continuing or ongoing staff in independent schools, both teaching and education support staff, should not sign any new contract or variation to their employment conditions. These employees may lose many rights and conditions simply by signing a
document that appears relatively harmless.

Members may recall articles in VIEUPoint and email bulletins prior to Christmas warning about the dangers of new contracts for 2010. Members could lose rights relating to personal leave, agreed hours and days of work, allowances, and so on.

New employees will normally have little choice, and will probably have to sign a new contract to get the job. Meanwhile, members covered by a Union-negotiated collective agreement are already protected from losing their conditions. However, continuing employees without a Union-negotiated collective agreement are in real danger and should not sign anything and, if given any new or varied contract, should
immediately get advice from VIEU.

Having a “contract” and having a job are legally separate notions. Continuing employees already have a contract which may be made up of letters, verbal commitments and normal practice. You continue to have a job, whether or not you sign a new contract. You cannot be forced to vary your existing contract.

Some unscrupulous employers in our industry are sending out letters claiming that the introduction of the National Employment Standards (NES) and the Modern Awards require them to vary your contract. This is extremely misleading.

You should be especially wary of signing anything that contains words like:
-  “this will override any previous provisions whether written or implied ….”; or
-  “The Award and the NES now apply to your employment.”
These words mean that you are agreeing to waive your legal rights to conditions above the very bare legal minimum.

Some employers are going further, and using this as an opportunity to bring in new obligations which have nothing to do with existing conditions, such as “Confidentiality”, “Intellectual Property”, criminal checks, codes of conduct and other obligations. Continuing employees cannot be required to sign – and should not.

We urge members to seek advice from VIEU prior to signing any new contract.

Contact: vieu@vieu.org.au or 03) 9254 1860