General Staff Enterprise
Agreement Negotiations
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3 September, 1999
Mr. Grahame McCulloch
General Secretary
National Tertiary Education Industry Union
First Floor, 120 Clarendon Street
South Melbourne, VIC 3205
Dear Mr. McCulloch,
Re: General Staff Enterprise Agreement Negotiations
I refer to your letter of 1 September 1999.
The University is aware of the NTEU application, under s204 of the AWR Act 1996, now
before the AIRC in which the NTEU seeks a rule change to extend its
coverage to include persons employed as general staff in the higher education sector. The
University is also aware that the Community and Public Sector Union
(CPSU) are opposing such a change. Such matters are for the relevant parties and
organisations, and not matters in which the University should or needs to be
involved.
Further to this point, the University is advised that those unions with constitutional
coverage at the University of New England, in particular the CPSU and the
ALHMWU, have the rights to represent the interests of both blue and white collar general
staff on a collective basis. As we understand the matter, the NTEU does not have that
constitutional right of cover currently, and the application now before the AIRC seeks to
alter that circumstance.
Until such time as a decision is handed down in relation to that application, and whilst
both blue and white collar employees continue to have representation on a
collective basis, the University is not in a position to extend the right of collective
representation to the NTEU when, under the prevailing circumstances, it does not
have the constitutional power to do so.
The University believe that this position is in line with the Freedom of Association
principles, and with other provisions contained within the AWR Act 1996. The
University has created means by which the interests of both union and non-union employees
are represented fully.
The University notes that your agency members may lodge a complaint with the Office of the
Employment Advocate (OEA), and would be willing to discuss this
issue with the OEA if required.
Of course, should any ruling that alters the current position be handed down in relation
to the application before the AIRC, then the University would be in a position to
reconsider its present approach.
Should you wish to discuss this matter further, please do not hesitate to contact me.
Yours sincerely,
Professor Brian Stoddart
Pro Vice Chancellor (Research & External)
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