Managing Industrial Action
Schools
Last updated 2 November 2015
MANAGING INDUSTRIAL ACTION
-SCHOOLS-
CONTENTS
PAGE
OVERVIEW…… ........................................................................................................................ 2
NOTIFICATION TO PARENTS ....................................................................................................... 2
DUTY OF CARE........................................................................................................................ 3
STUDENT DISMISSAL ................................................................................................................ 3
INDUSTRIAL ACTION ................................................................................................................ 4
Stopwork action......................................................................................................... 4
Principals taking stopwork action ............................................................................. 4
Other forms of industrial action ................................................................................ 4
Recording absences due to industrial action ............................................................. 5
Unprotected industrial action ................................................................................... 5
REPORTING REQUIREMENTS ...................................................................................................... 5
Managing Industrial Action
1
OVERVIEW
On occasion, a dispute may arise in the workplace that involves the taking of industrial
action by employees.
Where industrial action occurs at a school, the principal should ensure that the impact on
educational programs is minimised. It is essential that:

adequate supervision of students is provided;

school programs are maintained wherever possible;

the disruption to parents and students is kept to a minimum; and

all employees on duty are able to perform their professional duties free from
intimidation.
Principals are authorised to:

Make any special timetabling or other arrangements necessary for the day.

Make any necessary and appropriate adjustments to class sizes and scheduled duties
and extras provided that such adjustments are not in breach of any legislative or
other employment obligations.
In circumstances where there are insufficient teachers available for the duration of any
stopwork action, casual relief teachers can be used to replace teachers absent on stopwork
action (if employed by the school a casual relief teacher must be employed for a minimum
period of three hours). The cost of employing casual relief teachers will be met by the
Department.
Principals should endeavour to seek the assistance of parents in the supervision of students
during stopwork action or other bans. The normal legal liability protection granted to
voluntary workers in schools will extend to parents used in a supervisory capacity.
It is inappropriate and unprofessional for employees to discuss the merits of an industrial
dispute with students or to involve them in any way in a dispute (for example, the
distribution of handbills). Failure to comply in this area may lead to disciplinary action being
taken against the employees concerned.
Meetings of parents at the school are not to be used as forums for furthering the union's
industrial campaign.
School equipment, stationery, staff members and students are not to be used for the
preparation or dissemination of any material for industrial purposes.
NOTIFICATION TO PARENTS
In the case of stopwork action, principals are required to notify parents no later than the day
before the stopwork action is to take place informing them of the duration of the stopwork
action and that appropriate supervision of students will be provided at the school for those
who attend. In the event that students are to be dismissed, it is the responsibility of the
principal to make appropriate arrangements for any students who attend in circumstances
where parents are unable to provide adequate care at home.
Managing Industrial Action
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DUTY OF CARE
In addition to their professional obligations, principals and teachers (or other employees
who have students in their care) have a legal duty of care with regard to the physical
wellbeing of students in their charge. Information in relation to the legal duty of care is set
out in the School Policy and Advisory Guide. See: Duty of Care.
The engagement in industrial action of any form, type or duration does not absolve a
principal or teacher (or other employees who have students in their care) from their
obligations under that legal duty of care. Whether a duty of care is breached is a matter
which depends upon the circumstances. Where any form of industrial action has the
capacity to affect the safety and wellbeing of students, it is the responsibility of the principal
and teachers (or other employees who have students in their care) to ensure that adequate
and appropriate arrangements are made for students' care prior to the taking of that action.
Principals and teachers (or other employees who have students in their care) cannot
abdicate their responsibility by a decision to take industrial action.
Failure by a principal or teacher (or other employee who has students in his or her care) to
ensure that adequate and appropriate arrangements are made for students' care may be
considered as falling within the exceptional circumstances referred to in the Personal
Liability of School Employees section of the School Policy and Advisory Guide (see Personal
Liability of School Employees). As a consequence, the legal indemnity that is normally given
to employees may not be granted.
Principals should advise employees who take stopwork action that they should leave the
school premises. While principals and teachers (or other employees who have students in
their care) remain on the school premises, their normal duty of care and obligation to
students applies.
STUDENT DISMISSAL
Principals are required to ensure that arrangements have been made for the maximum
number of students (particularly students of compulsory school age) to attend school during
any industrial action. The dismissal of students should only be considered where:

Alternative resources, including casual relief teachers and parental assistance, are
not available.

The school is able to give parents notification the day before that students will not be
required to attend.
When there has been no opportunity to inform parents, students are not to be dismissed
from school or left unsupervised in classrooms or the school grounds.
Managing Industrial Action
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INDUSTRIAL ACTION
Industrial action can take a variety of forms. For example, employees may take stopwork
action (that is, refusing to attend or perform any work) or impose work bans or limitations
(that is, refusing to perform particular duties or tasks). A protected action ballot to authorise
the industrial action is required before protected industrial action can be taken.
Apart from any obligations contained in the Fair Work Act 2009, employees who intend to
take industrial action are expected to notify the principal at least forty-eight hours prior to
the scheduled industrial action.
Employees not participating in the industrial action should be allocated duties, as far as
possible, on an equitable basis.
Stopwork action
In making arrangements for proposed stopwork action, principals should plan for as many
students as possible to be in their school for the whole day, taking into account:

The number of teachers who will be remaining on duty.

The availability of casual relief teachers who may be employed.

The availability of parent/guardian assistance for supervision activities.
Principals are responsible for ensuring that adequate supervision is provided. In
circumstances where there are insufficient resources available for the duration of the
stopwork action, the principal is to seek advice from the Regional Director.
Principals taking stopwork action
As senior Teaching Service employees it is not expected that principals would take stopwork
action.
However, where a principal intends to participate in stopwork action, the principal must
notify the Regional Director at least forty-eight hours beforehand. This notification should
include the name and classification of the person (who must be a person registered with the
Victorian Institute of Teaching) who will have the responsibility for the operation of the
school during the period of the stopwork. Should there be no suitable person available; the
principal must notify the Regional Director of arrangements to be put in place for the safety
and supervision of students.
Other forms of industrial action
Industrial action may take many forms including placing bans or limitations on undertaking
particular duties or tasks. In this case the employee participating in the industrial action is
expected to undertake all of his or her normal duties except those duties or tasks that are
the subject of the protected industrial action.
Principals may make alternative arrangements to minimise the impact of industrial action on
education programs provided that those arrangements are not contrary to Department
policy.
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Principals should not compromise Department policy or modify education programs only for
the purpose of avoiding the imposition of a ban or limitation.
Recording absences due to industrial action
Principals are required to ensure that all absences due to industrial action are promptly
processed on the payroll. Such absences do not count as service for any purpose.
Employees who are absent due to illness on stopwork days are required to provide a medical
certificate. Employees who do not provide a medical certificate will be placed on personal
leave without pay.
Unprotected industrial action
Where an employee participates or intends to participate in industrial action that was not
authorised through a protected action ballot, the principal should contact the Department’s
Policy and Employee Relations Branch on (03) 9637 2454 for advice prior to taking any action
in relation to that employee.
REPORTING REQUIREMENTS
The principal is required to notify the Department immediately he or she becomes aware
that any industrial action is to be taken.
Online notification forms are available to report both stopwork action and any bans or
limitations.
When completing the online notification form(s), principals should provide details of the
dates, time and duration of the industrial action, the number of employees participating in
the industrial action and the number of employees normally on duty. Principals must also
provide a brief statement on the impact of the industrial action on the school, including how
the students are to be supervised during any stopwork action. Wherever possible, estimates
of the numbers involved should be provided 48 hours prior to the action, and confirmed
numbers provided on the morning of the action.
The online reporting forms should be used for all industrial action, whether at a statewide,
regional, district or school level.
Employees who refuse to accept any duties assigned by the principal will be considered to be
on stopwork action and should be reported accordingly. Full details of any such refusal
should be provided at the same time.
In addition a principal must notify the Regional Director where he or she is intending to take
stopwork action or where a school is reporting that all students will be dismissed.
Managing Industrial Action
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