No More Intimidation of Teacher [NMIT] Unionists Campaign Committee
PO Box 266, West Brunswick Vic 3055
Phone/fax 03-9386-5065
E-mail: [EMAIL PROTECTED]
25 July 1999
Dear campaign supporter
A lot has been happening with the NMIT Unionists Campaign Committee!
Barbara Morgan's case against NMIT has now been settled. The hearing in my
case against NMIT finished on 24 June.
The Tribunal member, Fran Millane, has reserved her decision. We are
currently waiting for the outcome which we could get very soon!
If we win, it will be a huge victory for all unionists. We will have set a
precedent by winning the first case proving discrimination on the grounds
of lawful industrial activity using inference. Since the Equal Opportunity
Tribunal came under the Victorian Civil and Administrative Appeals Tribunal
Act, only one person, Mario Kobza, has won a case proving discrimination on
the grounds of lawful industrial activity. In this case, the employer
clearly stated that Mario Kobza was not being offered further work because
he had joined a union. My case is more difficult to win because the
discrimination was disguised as a bona fide retrenchment. Our challenge all
along has been to unmask the discrimination. During the eight day hearing
we put a lot evidence before the tribunal which, taken as a whole, does
point to unlawful discrimination.
At the heart of our argument is the issue of flexibility. The Australian
Education Union (AEU) had been in a long dispute with management at the
Institute over pay, working conditions and non-attendance time. One of the
tactics used by AEU members was to work strictly to the award and withdraw
customary flexibility until management agreed to honour the customary
non-attendance time. There was a clear understanding by management at the
Institute that the term "flexible teacher" meant a teacher who did not
insist on a strict interpretation of the award. When management made the
decision to close the VCE program, declare excess in the VCE/Communication
studies Department and conduct a selection process for a reduced number of
positions, they set up a process which, intentionally or not, discriminated
against union activists. Their process sought "flexible staff members who
would be part of a corporate team." They assumed all candidates were
equally good teachers and used flexibility as the criteria to distinguish
between the merit of candidates. They even asked a question about the award
in the interviews! The outcome of this process was that all of the staff in
the department who had been applying union bans a week earlier were either
retrenched or offered only part-time positions!
While we wait for the outcome, the NMIT Unionists Campaign Committee
continues to fund raise. The costs of running a case "even on the cheap"
are high. But rank and file unionists and members of the community are
clearly inspired by a determined effort to hold the management at NMIT
accountable for its actions. Thanks to the enthusiasm, hard work and
generosity of many, many people we have now raised over $10,000 for this
campaign!
Our most recent effort was a 'guessing competition.' The competition, which
raised over $800, was drawn at the AEU Annual Conference, where the NMIT
Unionists Campaign Committee set up an information stall.
NMIT Unionists Campaign Guessing Competition Winners
Dinner for two at Curly Joe's, Brunswick: George M
Ticket sellers' prize: Ian Storey
Dinner for two at Sukothai, Northcote: Kerry Grabau
Ticket sellers' prize: Delia Maxwell
Ladies haircut & blow-wave from Cast Studio, North Fitzroy: T. Mew
Ticket sellers; prize: Janet Nicholds
Gift voucher [$40] from Pages Bookshop, Kew: Jim O=B9Connor
Ticket sellers' prize: Alison Thorne
Our fund raising wine adorned with its snappy solidarity labels is back by
popular demand! To order, send a snail mail address and we'll send you an
order form. The absolute deadline for orders is 16 August. No extensions
are possible, so please get your orders in early.
Maria Dawson, who is a former VCE student from NMIT, has made a number of
stylish microwaveable heat packs to soothe your aches and pains. These are
available for $10 each [Maria reports that they sell for $19.95 in the
pharmacy she works at] and all proceeds go to the campaign. Please phone to
place your order.
We are also currently planning a garage sale or stall at the Camberwell
Market. So keep your quality, saleable pre-loved items. Plans for this
project will be finalised at the next NMIT Unionists Campaign Committee
meeting, which will also be a wine labelling working bee. So why not come
along? Your talents will be put to good use!
No More Intimidation of Teacher Unionists campaign committee meeting and
wine labelling working bee Thursday 26 August, 6 pm
We usually meet at the AEU but please note that this meeting will be at
Solidarity Salon
1 Appleby Cres, West Brunswick due to the working bee.
Yours in solidarity
Alison Thorne
for the NMIT Unionists Campaign
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