IEU Deputy General Secretary Kylie Busk on good faith bargaining

As your union begins negotiating a new Agreement for Victorian Catholic schools—and bargaining continues in scores of other independent schools—let’s revisit the foundations of good faith bargaining.

They of little faith

At its heart, enterprise bargaining is about employees and employers coming together to try to deliver the best workplace possible. The best bargaining dialogues achieve a balance between employee needs and employer interests. These negotiations are underpinned by the principles of mutual respect, fairness, equality and employee participation to ensure that the rights and safety of workers are enhanced and protected. 

Under the ‘rules’ of bargaining laid out by the Fair Work Act 2009, employers and unions must:
Communicate honestly – Share relevant information and avoid misleading conduct.
Engage in discussions – Consider proposals and attend meetings.
Respond promptly – Provide timely feedback.
Follow processes – Stick to agreed timelines.
Avoid unfair tactics – No coercion, threats, or stalling.

While some employers delay negotiations or occasionally get bogged down on some claims, most eventually comply with these principles—until the Agreement is signed. Then, too often, good faith appears to be forgotten.

The intent of the Agreement

There are schools which ignore or undermine the Agreements they sign, issuing instructions that contradict them. At a time when crippling workloads are driving people out of education, this white anting of key Agreement wins which mitigate those pressures is disastrous. Some employers have tried to make staff “purchase” leave or avoid workload provisions like Time in Lieu (TIL). Others shave and average class hours.

In schools where the goals of the Agreement are subverted, staff burn out or seek work elsewhere, and the quality of education and student support suffers. 

In Catholic Education the current, legally enforceable Agreement (CEMEA) explicitly aims to reduce workload, account for out of hours work and reduce non-teaching tasks. While not perfect, it has been a giant step forward in IEU members' fight against workload intensification. It’s aim and principles are simple yet some employers try to sidestep it.

Workload improvements in Catholic education are also being adopted by other non-government schools. While not all have pursued changes as extensive, they have made genuine efforts, collaborating with staff to implement meaningful, ongoing improvements.

Delivering workload improvement in a time of workforce shortage is challenging to implement, and there will undoubtedly be tweaks to their operation in upcoming bargaining.

But when good faith drives decision making, it’s really not that hard.

Successful implementation of TIL and workload measures requires goodwill and cooperation, not resistance. It requires adherence to the principle and goal of the Agreement as well as its strict rules.

It requires an intent to uphold the Agreement.

What’s at stake?

As the next round of Victorian Catholic bargaining begins, recalcitrant employers are on notice.

Last time, our members told us to prioritise workload mitigation over pay rises. Since then, the cost-of-living crisis hit, and a redoubled workforce shortage changed the landscape. Members tell us they have a real appetite for defending and improving workload improvement provisions and other conditions already won in Agreements – but also that the big focus needs to be on winning substantial and very well deserved salary increases.

Good faith bargaining isn’t just about negotiations – it extends to honouring agreements once signed. It’s time employers respected that.