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Industrial Assistance Policy
for Members, Unfinancial Members and Non-Members
This policy is based on the commitment of the IEU's Committee of Management and staff to providing the highest quality advice, advocacy and professional representation in industrial matters on an equal basis to all financial members of the Independent Education Union Victoria Tasmania.
1. Where a person joins the union and is financial and a problem develops after the date of joining then that member shall be entitled to advice and assistance immediately.
2. Subject to the discretion of the General Secretary, a person employed in the non-government education industry on a casual, relief or short-term basis will normally be provided with advice and assistance in relation to a problem that arises in connection with that employment while she/he is a financial member of the Australian Education Union in Victoria or Tasmania (as appropriate).
3. Subject to the discretion of the General Secretary, a person employed in the non-government education industry as a registered nurse will normally be provided with advice and assistance in relation to a problem that arises in connection with that employment while she/he is a financial member of the Australian Nursing & Midwifery Federation in Victoria or Tasmania.
4. Where a person experiences a problem while he/she was a financial member of the IEU Victoria Tasmania but is no longer eligible to be a member of the IEU Victoria Tasmania he/she shall continue to be provided with advice and assistance in relation to that problem.
5. Subject to the provisions below, where a non-member or an un-financial member seeks advice or assistance with a problem, no assistance will be provided.
6. Subject to the provisions below, where a member seeks advice and/or assistance with a problem that arose prior to the time they joined the union, no assistance will be provided. Limited advice may be provided at the discretion of the General Secretary.
7. Clauses 5 and 6 above shall not apply to any person in their first six months of employment in the non-government education sector. Subject to their becoming a financial member, such persons will be provided with advice and assistance in relation to problems that arose in relation to that employment before they joined the union.
8. In the interests of progressing the objectives of the union the General Secretary may at his/her discretion:
- grant a special exemption pursuant to which the restrictions upon the provision of advice and assistance above may be waived in whole or part; or
- put conditions and/or limits upon the provision of assistance.
9. Where an exemption is granted pursuant to this policy, the recipient(s) of assistance shall pay a fee equal to 2 times the annual fee, plus 10% of any settlement. Provided that the General Secretary may waive this requirement or determine such other payment as she/he considers appropriate in the circumstances which may include an amount of fees in advance or fees in arrears.
10. The Secretary may determine that the Union will cease providing support and assistance in circumstances he/she considers appropriate, including but not limited to circumstances where the member harasses, bullies or is aggressive or rude towards IEU staff, fails to provide information reasonably requested or does not accept or fails to act according to the advice provided.
11. In accordance with normal legal principles, the Union will cease to act where a member engages independent legal counsel.
FOR THE PURPOSES OF THIS POLICY:
Advice and assistance means advice on workplace industrial issues, assistance with preparation of correspondence, advocacy and representation in workplace negotiations. It also includes instigation of proceedings in courts and tribunals where this is considered appropriate by the Secretary or official with delegated authority.
A financial member is a person who has joined the IEU Victoria Tasmania Branch and has paid all membership fees in accordance with the Rules of the Union.
A non-member is a person who has not joined or has ceased to be a member of the IEU Victoria Tasmania Branch.
An un-financial member is a person:
- whose membership fees have fallen more than 3 months in arrears, or
- who, because they have been paying at the incorrect fee category, have underpaid their membership fees such that the amount owing is equal to more than 3 months’ membership fees.
Updated: February 2016