No More Freebies: IEU MACS campaign escalates

On September 15, the IEU announced the next step in the campaign to finalise an Agreement for tens of thousands of dedicated and overworked education staff working in Catholic schools, calling on all members in Victorian Catholic education (except those employed by the Diocese of Sale) to refuse to perform any work beyond that legally required of them from the commencement of Term 4.

The escalation of the campaign, entitled No More Freebies, follows the refusal of the Melbourne Archdiocese Schools (MACS) group of employers to offer the same working conditions to overworked staff that now apply in Diocese of Sale and government schools.

The IEU said MACS are “addicted to unpaid labour and are dependent on staff stepping up, plugging the gaps and going the extra mile”.

“However, if employers continue to reject workload and consultation provisions which are now standard across our state, they can no longer rely on these countless hours of unpaid additional work.

“Teachers will not take additional cover classes, attend non-critical out-of-hours activities, allow class-size limits to be breached, attend the workplace outside of their scheduled duties, or respond to communications outside of work hours. Support staff will not be doing overtime, running errands during breaks, or stepping up to do any work beyond their job description and pay grade.”

The policy was detailed in a letter to all members in MACS schools.

“It means that when you’re asked to do anything outside of your key job description, you politely decline,” the letter stated.

“No additional extras for secondary teachers. No combined classes exceeding class-size limits. No opening classrooms early or hanging around at the end of the day ‘in case parents want a chat’ for primary teachers. No ‘voluntary but encouraged’ attendance at information nights, concerts, fetes, or mass. No to anything outside the classification descriptors for Education Support Staff. No to overtime requests. No to ‘I know you’re busy, but would you mind just…”. 

Broken multi-employer bargaining laws prohibit IEU members in this sector from taking protected industrial action. Those “deeply unjust and internationally condemned restrictions” are in the process of being overhauled by the Federal Government, but changes are unlikely to take effect until well into 2023 – and staff in MACS schools have been waiting over 500 days already for a new Agreement to be finalised.

Government schools had their conditions improved in early February, and an in-principle deal was reached with Sale Diocese Catholic schools months back and endorsed by over 80% of its members in August.

MACS could avoid the imposition of the No More Freebies policy by resolving the dispute during the school holidays. But that would mean returning to the bargaining table with an offer which does not entrench sub-standard working conditions – something they have resisted all year.

If they remain unwilling to strike a deal, it is possible that MACS could attempt to construe No More Freebies as unprotected industrial action, and on this basis threaten their own employees and seek an injunction or penalties against the IEU.

The IEU advised members that if legal orders are taken out against the union, the IEU office may be forced to instruct members to cease this campaign.

“If this happens, or if we are gagged and unable to continue communicating with you, Reps and members will need to continue this vital campaign. 

“Whatever communication you receive from us, remember this: nothing short of a genuine resolution to this dispute will end this campaign. Our employer representatives now have two weeks to come to the table with a better offer – that is the only thing that can resolve this dispute.”

IEU members have rallied to the cause all over Victoria.

Debra James, General Secretary, Independent Education Union Victoria Tasmania, said: “It is beggars belief that Melbourne Archdiocese Catholic Schools are still holding out on basic, urgently needed improvements to workloads and consultation that were agreed to months ago across government education and in Catholic schools in the Diocese of Sale. At a time when schools should be doing everything they can to attract and retain staff, they seem determined to turn their own schools into second-rate workplaces.

“Our schools run on goodwill and on the preparedness of staff to go above and beyond. The attitude of employer bargaining representatives has exhausted that goodwill, so we are left with no option but to show them what schools look like when staff finally say ‘no’ to the constant requests do more and more and more.

“Now it’s over to MACS. They can choose to exploit the loopholes in bargaining laws, argue that this is unprotected industrial action, gag the union and threaten their own employees. Or they could come back to the table with an offer which recognises the extraordinary work of school staff, which brings our schools up to the industry standard, and which gets this deal done.”

The letter to members recognised that the No More Freebies campaign “won’t be easy”.

“By standing strong on this and by acting collectively, you are campaigning to improve our schools for current and future students and staff. If we give up now, our schools will fall behind government and Sale Catholic schools, both as places of work and as places of learning – and if we let that happen now, we set a very dangerous precedent.”

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The full text of the IEU letter to members September 15 follows:

Your employer’s bargaining representatives are still refusing to bring your employment conditions up to the standard set by government schools and Catholic schools in the Diocese of Sale. (For more on the key outstanding issues, see our recent bargaining report here.)

It’s not good enough - and it's gone on for too long.

Schools run on goodwill and on the willingness of staff to go above and beyond. The attitude of employer bargaining representatives has exhausted that goodwill, so we are left with no option but to show them what schools look like without staff constantly going the extra mile.

From the start of Term 4, we’re calling on members to implement a ‘no freebies’ policy. Click through for our printable flyer and poster.

In practice, this means you do the work that you are legally required to do, and no more. 

It means that teachers attend the workplace when they have scheduled duties, but not beyond this. They don’t turn up before their first scheduled duty or class, and don’t stay beyond their last – and they take full advantage of the right to leave the workplace during the day when not performing a scheduled duty or class.

It means that Education Support Staff and School Support Officers attend the workplace for the hours dictated in their contracts, but no more than this, and they take the full breaks they are entitled to.

It means that when you’re asked to do anything outside of your key job description, you politely decline. No additional extras for secondary teachers. No combined classes exceeding class-size limits. No opening classrooms early or hanging around at the end of the day ‘in case parents want a chat’ for primary teachers. No ‘voluntary but encouraged’ attendance at information nights, concerts, fetes, or mass. No to anything outside the classification descriptors for Education Support Staff. No to overtime requests. No to ‘I know you’re busy, but would you mind just…”. 

This won’t be easy. By the very nature of our industry and the work we do, we are geared to help, to go the extra yard, and to plug the gaps. Many of you will be made to feel that you are letting your schools, your colleagues, or your students down – but you are not. By standing strong on this and by acting collectively, you are campaigning to improve our schools for current and future students and staff. If we give up now, our schools will fall behind government and Sale Catholic schools, both as places of work and as places of learning – and if we let that happen now, we set a very dangerous precedent.

As you know, we are subject to deeply unjust and internationally condemned restrictions around taking industrial action. We do not view this campaign as ‘unprotected industrial action’, but there is every chance that employers will take the low road and exploit the loopholes in the legislation to seek legal orders against the IEU.

If so, the IEU office may be forced to instruct you to cease this campaign. If this happens, or if we are gagged and unable to continue communicating with you, Reps and members will need to continue this vital campaign. 

Whatever communication you receive from us, remember this: nothing short of a genuine resolution to this dispute will end this campaign. Our employer representatives now have two weeks to come to the table with a better offer – that is the only thing that can resolve this dispute.

We have tried every strategy to avoid reaching this point, but employer representatives continue to dig in their heels, and now the stakes are simply too high. If we commence Term 4 without genuine progress, we risk this deadlock continuing into next year. This would result in disastrous confusion around working conditions, planning and staffing chaos for school leaders, huge reputational damage to our workplaces, more than 12 months wait for backpay, and a real risk to pay increases owed to thousands of staff retiring, moving sector or denied a contract renewal.

Right now, we need to stand together and show our collective strength in the face of contemptuous employer representatives and fundamentally unjust laws. Each one of us has a role to play in this. 

While this step of the campaign won’t kick in until Term 4, one thing you can do right now is forward this email to your non-member colleagues. We warmly invite everyone employed in our schools to join our union at this critical moment. Every employee who stands on the sidelines undermines our collective strength – but every new member in our union makes us stronger.

I share your deep frustration at the failure of your employers to respect and value your work, particularly after the extraordinary efforts of education workers over recent years. Frankly, it is appalling that you have been put in this position – it should not take this level of member campaigning just to have our work valued and to ensure that our schools don’t become second-rate workplaces.

I also thank you for your solidarity – it has never been more important. I know that if we stand together and support each other, we will win.

In unity,

Debra James
General Secretary