13 May 2009

FURTHER ADVICE RE STRIKE – Tuesday 19 May 2009

The QTU has been inundated with calls from Principals who resent the undue pressure being placed upon them in relation to the strike.

Principals as members of the QTU, although having specific very important principal responsibilities, also have the same rights as other members including the right to strike.  The current democratically determined directive to strike on Tuesday, 19 May applies to all members including Principals.  You are legally protected under Queensland laws.

Please note that the Industrial Relations Act 1999 states:

179 (1) An employer must not:

(a) dismiss an employee, injure an employee or his or her employment or change an employee’s position to the employee’s prejudice; or

(b) threaten to dismiss an employee, injure an employee in his or her employment or change an employee’s position to the employee’s prejudice;

wholly or partly because the employee is proposing to engage, is engaging, or has engaged in protected industrial action.

In terms of Freedom of Association …conduct that a person engages in, or threatens to engage in because another person:

• is, has been or proposes to become a member of a Union, or
• is a member of an industrial association that is seeking better industrial conditions; or
• is dissatisfied with the person’s industrial conditions: or
• as a member of an industrial association has done, or proposes to do an act or thing that is lawful and authorised by the association’s rules to further or protect the industrial interests of the association or its members

is prohibited.(S104 – Industrial Relations Act 1999)

Accordingly the QTU will be communicating with senior officers of the Department and Regional Executive Directors in relation to you and your rights.  We will pursue (legally if necessary) any individual in the Department who we believe has breached your rights.  We know that many in Education Queensland bureaucracy actually support the Unions campaign.

QTU response to departmental communications

In relation to Departmental communications received, please note:

• Principals have the same industrial rights as all other Union members.
• The QTU will pursue any person who attempts to diminish these rights.
• The QTU has the right to send a letter to parents, containing accurate accounts of the effect of the strike on Tuesday, 19 May.
• It is irresponsible for the government and the Department of Education to indicate that schools will be open on strike day.
• Principals (or any other member) should not attempt to ascertain who will/will not be on strike on Tuesday, 19 May.
• Principals in many Regions have been asked to report how many teachers will be on strike on 19 May.  The QTU recommends that in response, you simply indicate that you believe all QTU members will be on strike.

Distribution of Department of Education and Training letter to parents

The QTU has sought legal advice regarding the ability or otherwise of an employer to direct a person to sign a document that they believe to be misleading or untrue.  It is our advice that this should not occur.  This would be an unlawful instruction.  If a Principal is directed to distribute the Department of Education correspondence to parents, and the Principal believes the content of the letter is misleading or untrue,  we would suggest that the authorisation can be that of the Department of Education not that of you as Principal, or that the letter is distributed unsigned.  You may also wish to indicate that you have been instructed to send this letter.

We appreciate that as Principal you will tell your staff that you are striking on 19 May, that you may visit your school in the morning to make sure everything is okay, and that you will attend the strike meeting with your colleagues.

Your support is appreciated. We will fight to ensure that you are better rewarded for the difficult job that you undertake.

Yours sincerely
John Battams
QTU General Secretary
13 May 2009

Authorised by John Battams, General Secretary, Queensland Teachers' Union,
21 Graham St,  Milton,Q.4064