Industrial Action — Teaching Service

Managing Industrial Action - Stop work action

The role of the principal

Where stop work action occurs at a school, the principal should ensure that:

• there is at least one Victorian Institute of Teaching (VIT) registered employee available to supervise students attending school
• all students present are supervised with priority given to primary school aged children, where both parents/carers (or one parent/carer in the case of a single parent/carer household) are critical service workers who are unable to make alternative arrangements and children experiencing vulnerability, including children in out-of-home care.
• normal school programs are maintained wherever possible
• no student is sent home during school hours unless the parent/guardian collects the child from the school premises
• 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

During periods of stop work action, principals are authorised to:

• make any special time-tabling 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

To achieve this, principals can:

• engage causal relief teachers. (a casual relief teacher must be employed for a minimum period of 3 hours). The cost of employing casual relief teachers will be met by the department).
• consult with regional contacts to establish if region or central based employee with VIT registration are available to assist with student supervision,
• consult with colleagues to establish if employee from nearby schools are available to assist.
• 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.
• advise the regional director if suitable arrangements cannot be made.

Principals taking stop work action

Where a principal intends to participate in stop work action, the principal must notify the regional director at least 48 hours before the stop work action is scheduled to take place. This notification should include the name and classification of the person (who must be a person registered with the VIT identified by the principal to have the responsibility for the operation of the school during the period of the stop work. 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.

Notification requirements

School employees intending to participate in stop work action are expected to advise their principal of their intention to participate in that action at least 48 hours before the stop work action is scheduled to take place. This notification should include the time and duration of that action to enable the principal to make arrangements for those students.

Notification to parents

In the case of stop work action, principals are required to notify parents and carers no later than the day before the stop work action is scheduled to take place. Principals should inform parents and carers of the duration of the stop work 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.

Recording absences due to stop work action

Principals are required to ensure that all employee absences as a result of stop work action are promptly processed on eduPay. Such absences do not count as service for any purpose. Advice will be provided on each occasion on the steps required to enter employee and student absences.

Student attendance

All reasonable steps should be taken to ensure that schools remain open during stop work action.

In making arrangements to manage stop work action, principals should plan for as many students as possible to be in attendance at their school for the whole day, particularly students of compulsory school age.

Principals should take into account:

• the number of teachers that will remain on duty
• the availability of casual relief teachers

Priority is to be given to students in the following categories:

• Primary school aged children where both parents/carers (or one parent/carer in the case of a single parent/carer household) are critical service workers who are unable to make alternative arrangements
• Children experiencing vulnerability, including children in out-of-home care.

Student dismissal

Principals are responsible for ensuring that adequate supervision is provided to students. In circumstances where there are insufficient resources available to supervise students for the duration of the stop work action, the principal is to seek advice from the regional director. The dismissal of students should only be considered where:

• alternative resources, including casual relief teachers, are not available
• the school is able to give parents notification the day before any stop work action is scheduled 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.

Reporting requirements

Principals will be advised when they are required to report to the department on the impact of stop work action at their school. Principals will be advised on each occasion of the information required to be reported and will be provided a link to the reporting site.