Industrial Assistance Policy

Relevant to Members, Unfinancial Members and Non-Members

General Principles

1. The Independent Education Union (IEU) is a collective member organisation. Industrial assistance is provided to members.

2. The IEU aims to provide the highest quality advice, advocacy and professional representation in relation to industrial (work related) matters that occur at the workplace on an equal basis to all IEU members.

3. The resources of the IEU are limited and decisions as to the level of resourcing provided to an individual member or group of members will be made in the context of what is also reasonable in balancing the needs of the membership as a whole.

4. Ordinarily the IEU’s industrial staff will provide advice and assistance. External advisers may be utilised at the General Secretary’s discretion.

5. Should a member choose to not follow the advice given, or choose separate representation, he/she will bear their own legal costs for that separately sourced advice &/or representation.

6. As a general legal principle, the IEU will cease to act where a member engages independent legal counsel.

7. The IEUWA does not provide legal advice or support in civil or criminal proceedings in any circumstances.

8. Membership does not automatically entitle a member to legal representation in the Fair Work Commission, Western Australia Industrial Relations Commission or other jurisdiction. Each case is assessed on its merits by the General Secretary, taking into account the:
a) Prima facia evidence presented;
b) Reasonable prospect of success; and
c) Complexity and gravity of the matter.

9. Where external legal representation is engaged to conduct a matter the following rules apply:
a) The IEU maintains decision making power over the conduct and direction of the matter, including the decision to withdraw or discontinue the matter in proceedings;
b) Should a member choose to not follow the advice given, or choose separate representation, he/she will bear their own legal costs and the IEU and the external legal representation acting for the IEU will withdraw;
c) The IEU may cap the costs of legal representation, beyond which the member will bear the legal costs.

10. The General Secretary may determine that the IEU will cease providing support and assistance in circumstances where the General Secretary considers it appropriate, including, but not limited to circumstances where the member:
a) Harasses, bullies or is rude or aggressive towards IEU staff;
b) Fails to provide information reasonably requested; or
c) Does not accept or fails to act according to the advice provided.

11. When a member has a workplace issue that has developed since the member became a financial member, he/she shall be entitled to support, advice and assistance immediately.

12. When a financial member has a workplace issue, which caused the member to no longer be employed in the non-government education or training sector, the member must maintain his/her financial membership and he/she will continue to be provided with advice and assistance in relation to that matter.

13. Subject to provision 15 below, when a member seeks advice and/or assistance with a workplace issue that arose prior to he/she becoming a financial member of the IEU, limited verbal advice only will be provided in relation to that issue.

14. Non-members who phone or email the IEU requesting advice may be provided with one phone conversation on one occasion, at the discretion of the General Secretary.

15. If the General Secretary decides that a member who joined with a pre-existing issue be provided with advice and/or assistance in relation to that issue, prior to that advice and/or assistance being provided the member shall pay to the IEU a minimum three months fees in arrears. The General Secretary will determine the extent of advice and/or assistance, any conditions and the amount of fees in arears on a case-by-case basis.

16. There is an expectation that new members who join with a pre-existing issue and are provided with advice and/or assistance are advocates for their union.

17. Clause 13 does not apply to a member in their first three months of the profession. In other words, advice will be provided to a member who joined with a pre-existing issue in their first three months of the profession.

Unfinancial Members

18. Members who have become temporarily un-financial must pay fees due before industrial advice and assistance are provided.

19. Where a member became un-financial through no fault of their own, the member will be provided with advice and assistance.

Definitions

Advice and Assistance means advice on workplace industrial issues; assistance with preparation of correspondence, advocacy and representation in workplace negotiations; and legal proceedings where it is considered appropriate.
Limited advice
means the advice is limited to verbal advice. No written advice, representation or advocacy will be provided.
A Financial member
is a person who has joined IEU and has paid all membership fees in accordance with the Rules of the IEU.
A non-member
is a person who has not joined or has ceased to be a member of IEU.
An un-financial member
is a person whose membership fees have not been paid