8 Things all workers need to do

When retiring at the end of 2022, legendary Industrial Officer Denis Matson penned the following timeless advice.

After a 30-year career in which he wrote to union members about their rights at work, and after representing hundreds of members in industries including construction, banking, manufacturing and Education, Denis wanted workers to avoid common mistakes.

*The final Denis Matson article, November 2022.*

1. Get it in writing

Every agreement or arrangement you make, especially where its all friendly, is prone to disputation later on. How many times have we heard “the previous Principal agreed, but the new one …..” That part-time fraction, the return from leave, the extra allowance, the travel arrangement – they all need to be recorded. If you can’t get the employer to write it down, send them an email with the details to confirm it.

2. Take copies of anything you might need

The first thing an employer will do when you end up in dispute is to lock you out of school emails and files. Keep a copy of every email, contract, letter etc. relating to your employment. You may need it.

3. Don’t sign that thing!

A member who signs a document relating to their employment without checking with the Union is certifiably mad. New contract? Variation of hours? New policy? Every employer has their lawyers draft these documents in a totally one-sided way. All of these documents can seem innocent at the time, and you only find out how clever their lawyers are when the employer takes advantage of one of those clauses. You may well have to sign it in the end, but at least get it checked by the Union before you do.

4. Don’t assume the boss knows what they’re talking about

Employers routinely put terms into employment contracts that they know they can never rely on. Employment law is complicated, but you need to remember that Enterprise Agreements, Awards and the Fair Work Act (among other legislation) over-ride any written or verbal contract. Employees regularly get conned, agreeing to things “because they are in the contract” or “because I agreed to it”, when the law says differently. Before you assume that the employer has a right to do this thing (whatever it is), check with your Union.

5. The ambush meeting

“Can you just pop into my office for a moment?” That question is the start of most workplace disputes. You should always ask what the meeting is about and, if it relates to your employment, insist on having a representative or support person attend with you. If the employer won’t tell you what it’s about, don’t go. Employees need only follow directions that are “lawful and reasonable”. It is unreasonable to insist that you attend a meeting when the employer will not tell you what it is for. If you have any doubts, start an email trail: “You asked me to meet; I asked what it was about; you would not tell me; I’m happy to meet if you tell me what the purpose is.”

6. Read your EBA

I know: boring right? Hundreds of pages of legalistic mumbo-jumbo. Also the words that define what you are entitled to. OK, don’t read it cover-to-cover – that‘s the Union’s job. But every time you have a question about your rights, start by having a look at what the EBA says about it. You may be pleasantly surprised. And don’t assume that the EBA is the end of the matter – it’s just a good start. Once you’ve checked what the EBA has to say, check with the Union for the rest of the story.

7. Keep your membership current

The IEU has a policy which prevents it from acting for people who join with a pre-existing issue. It’s like insurance – you can’t wait until you’ve had an accident to take out the policy. Some members who have been unemployed or working few hours forget to update their membership when they get more employment. That makes them “un-financial” and also ineligible to be represented.

8. Recruit your colleagues

Of course the law gives us certain protections, but the justice system can be slow and expensive and sometimes it fails completely. Worse still, our laws are far from perfect and many injustices can’t be pursued through the courts. A workplace with a strong union membership can get justice for members without having to rely on the “justice” system. There is a huge power imbalance between employees and their employer, and employers can create real problems for an employee. But when the employer is facing an angry majority of unionised staff, the problem becomes the employer’s.

Other hints for Education staff:

Don’t use your own car
Your Union representative is not confined to being a “support person”
Be VERY careful in your interactions with students: If you have any private, personal or “confidential” interactions, tell your Principal what you are doing. If you are apprehensive about telling the Principal, then you shouldn’t be doing it.
Don’t wear work-related costs. The employer must pay for equipment and services you need for work: computers, work phones, hiring academic gowns for the graduation, costs for attending PD, etc. etc.
If an employer “policy” prevents you from exercising a right (such as to take accrued Long Service Leave) the policy is probably unlawful.