Advice about implementing current bans, limitations and stopwork

Implementing Bans, Limitations and Stop Work Action in Preschools
** NEW
Ban on working outside normal weekly rostered hours
This is a ban on all work which would involve members working more than their weekly
rostered hours. This ban applies to AEU early childhood teachers and co-educators covered
by protected industrial action. The purpose of this ban is to highlight the unpaid and often
unrecognised out-of-hours contribution made by members that enables the effective
operation of preschool programs.
Q.
When does the ban come into force?
A.
The action will commence no earlier than the individual members’ rostered
commencement time on their first day of work on or after the first day of term 1,
2015 (28th January).
Q.
What are the attendance requirements for teachers and co-educators who are
participating in the ban?
A.
Teachers and co-educators are required to attend their weekly rostered hours as
stipulated in their letter of employment or contract of employment. An employer
cannot request or require you to attend any meetings or events outside of these
rostered hours. Members are not required to complete any work outside of their
normal rostered hours.
Q.
When implementing the ban how should I prioritise my work?
A.
When implementing the ban members should carry out their duties, during work
hours, with a focus on their key responsibilities as they relate directly to the
educational program, duty of care provided to students, and the overall health and
safety of students and staff.
Q.
Many staff at our centre undertake voluntary duties, beyond the required hours of
attendance. Is this covered by the ban?
A.
Yes, any voluntary work outside your normal rostered hours, that is the hours you
are paid to attend work, is covered by the ban and should not be completed.
Q.
At our centre we regularly have staff work beyond their required hours of
attendance for activities such as staff meetings, committee meetings, first aid and
training etc. Is this work to be undertaken or is it covered by the ban?
A.
This work is banned if it is undertaken by members outside of your normal weekly
rostered hours.
Q.
Staff regularly complete non-teaching duties in their own time. Is this banned and
how can it be managed?
A.
Work outside rostered hours is banned, this includes preparation and planning of the
educational program, preparation of learning environments, maintenance of child
records, assessments, reflections, reports for employer, Quality Improvement Plans
etc. This work is required to be undertaken during rostered non-teaching time.
Individual members will need to determine what work can realistically be
undertaken during paid time, and what is unable to be completed.
Q.
Our preschool has already booked and paid for professional development that will
require staff attendance outside the normal hours of attendance. What should we
do?
A.
Where possible this professional development should be conducted within normal
rostered hours, either in non-teaching time, or in teaching time and covered by relief
staff where the employer approves this. Professional development commitments
may also be scheduled under the entitlement to child-free days under VECTAA 2009
for this purpose. Where rescheduling to paid time is not possible, it may be
determined to cancel the event, or only non-members attend.
Q.
Our preschool usually schedules Parent-Teacher meetings that require members to
attend the workplace in excess of their weekly rostered hours. Are such
arrangements permitted under the ban?
A.
No, this work is covered by the ban and where possible may be rescheduled into
non-teaching time. Consideration may have to be given about the best ways to
communicate with parents during this industrial action. A parent letter is available
to assist parents in understanding the purpose of our campaign.
Q.
I am required to attend meetings in relation to the assessment, referral or case
management of a child with additional needs.
A.
So far as possible such meetings should be scheduled during rostered hours, either in
non-contact time, or during contact time and covered by a reliever where the
employer approves this. If it is only possible to meet outside normal hours, such
meetings are excluded from this ban. This is to ensure that individual children with
additional needs continue to receive an appropriate level of planning and support as
part of the preschool program. “Additional needs” should be taken in the broadest
sense and relate to any child requiring assessment, referral or case management for
any length of time.
Q.
I am an Educational Leader and / or Nominated Supervisor with a range of duties
and areas of responsibility. How is this affected by the ban?
A.
Members who are Educational Leaders / Nominated Supervisors regardless of any
additional allocated non-teaching time, are to undertake the work associated with
this role, insofar as this is possible after taking into account other duties that may be
required, within the hours of attendance.
Q.
I am a co-educator employed to undertake on-call hours and duties. Are these
included in my weekly rostered hours?
A.
Yes. On-call hours and duties shall continue to be undertaken, and not covered by
the ban.
Q.
Should I notify my employer that I am participating in the ban on all work outside
required hours of attendance?
A.
All necessary notice has been provided to relevant employers on the 11 th December
2014 in accordance with the Fair Work Act. You can certainly speak with your
employer about the purpose of this ban in exposing the workload issue for teachers
and educators, and share the parent letter with them.
Q.
Can I be docked pay for implementing this ban?
A.
In theory, yes. But it is difficult to see how and employer could do so in practice.
Members should contact the AEU immediately if pay is docked.
Q.
Can non-AEU members participate in the ban?
A.
No. Non-AEU members would be engaged in unprotected industrial action and may
have their pay docked a minimum of 4 hours for each day they implement the ban.
If non-members want to participate in the campaign then they should join the AEU.
** EXISTING
Ban on employer and DEECD email
This is a ban on responding to emails sent by your employer either directly or via management, and
from the DEECD, including regional offices of the Department as well as centrally. AEU members
(teachers, educators and PSFOs) will not reply to emails that request action or information. This ban
will be in place from Tuesday 9th September until further notice.
Q.
When does the ban come into force?
A.
From the beginning of your rostered commencement time, Tuesday 9 September 2014. This
ban will apply to all AEU members as set out above; that is, all members of the AEU who will
be covered by a proposed enterprise agreement to replace the VECTAA 2009.
Q.
Are there any cases when I respond to my employer or the DEECD?
A.
Matters that have an impact on the health and safety of members of the preschool
community, including children, are excluded from this ban. Any emails relating to pay,
entitlements, leave and welfare of individual staff members continue to be processed in the
normal way. Any email relating to the welfare of individual children will continue to be
processed in the normal way.
Q.
Should I set up an automatic response rule blocking employer or DEECD emails?
A.
Because the implementation of this ban is subject to the exemptions noted above, the AEU
advises members not to set up an automatic response rule blocking employer or DEECD
emails. If in any doubt about the status of any email, you should contact the AEU for advice
before you respond or ignore it in line with the bans.
Q.
Am I required to inform anyone if I implement the ban?
A.
All necessary notice has already been given by the AEU to your employer in accordance with
the law. If your employer questions you about this ban you can explain you are
implementing the ban in accordance with advice from the AEU as part of our campaign. If
your employer has specific questions about this ban, you can suggest they contact ELAA.
You can reassure parents that any email relating to the welfare of their child will be dealt
with as usual.
Ban on employer and DEECD requests for data
This is a ban on responding to any request to data from your employer or the DEECD which relate to
their responsibilities as a service provider as specified in the Kindergarten Guide 2014, or providing
any data required on a regular basis. It includes a ban on completing any data entry required of
them under the Kindergarten Guide 2014. AEU members (teachers, educators and PSFOs) will not
respond to requests for data. This ban will be in place from Tuesday 9th September until further
notice.
Q.
How do we enact this ban?
A.
Members are not to record or report data via the Kindergarten Information Management
system (KIM) including recording any changes in relation to change in teacher delivering the
program, change in enrolment numbers, or change in numbers of children eligible for
kindergarten fee subsidy. This data collection and entry will need to be managed by your
employer, and may be delegated to a non-AEU member colleague.
Q.
What is NOT covered by this ban?
A.
The uploading of the Declaration of eligibility for a second year of funded kindergarten is not
covered by the ban and should continue to be processed via the KIM system.
Ban on participating in teacher, parent or other survey initiated by you, your employer or the
DEECD
This is a ban on participating in any surveys administered by or on behalf of your employer or the
DEECD. It applies to AEU members (teachers, educators and PSFOs) and will be in place from
Tuesday 9th September until further notice.
Q.
How is this ban to be implemented?
A.
AEU members should not administer or participate in any survey administered by your
employer or the DEECD. You may still elect to participate in surveys administered by
professional organisations or associations.
Ban on participating in any performance appraisal / performance management process for
yourself or a work colleague.
This is a ban on participating in any performance appraisal / performance management process for
yourself or a work colleague. It applies to AEU members (teachers, educators and PSFOs) and will be
in place from Tuesday 9th September until further notice.
Q.
How do I implement this ban?
A.
Teachers and educators will be engaged in a variety of performance appraisal / management
processes and timelines depending on individual service practices. AEU members currently
involved in any such process should inform their employer of this ban and that they will not
be participating in the process until further notice. If a process is scheduled for the future,
members should again advise their employer of this ban and not participate in the process.
This ban includes the preparation for any performance appraisal / management process,
participation in meetings or discussions, and any associated paperwork. This ban applies to
your own relevant process as well as participating in the processes for other staff.
* Note that these processes are separate from any investigative process associated with a
performance issue or complaint. Members must continue to participate in these processes.
This ban also doesn't include PDEP or validation as neither are appraisal nor performance
processes
Limitations on the way in which work if performed: promotion and sharing of campaign materials
Outside of an industrial dispute the promotion and sharing of campaign materials is not typically
allowed. By participating in protected industrial action AEU members can utilise materials such as
posters, stickers, badges, and the wearing of campaign clothing in order to promote the objectives
of the campaign. Members can also provide written and verbal information to parents about the
dispute and associated campaign.
Ban and limitation on steps to completing the Transition Learning and Development
Statements
All tasks beyond the following will be banned:
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entering the child’s first and surname, date of birth and gender;
entering early childhood service contact details;
completing Part 2: the early childhood educator; and
providing the statement as completed above to the relevant parent/s;

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