By Sarah McCrea and Fergus Wall
CASS staff affected by Renew ANU have been issued a cease work order, according to an email sent to the members of the ANU branch of NTEU on 17 September.
Renew ANU is an ongoing cost-cutting program at the ANU, beginning in October 2024. Multiple staff have spoken out about the psychosocial damage they say they have experienced as a result of this program.
According to the email, on 11 September, the Health and Safety Representative (HSR) for CASS identified an unsafe work environment and provided the ANU with a Provisional Improvement Notice (PIN). As the ANU did not correct the issues outlined in the PIN within the required 8 day period, the cease work order was then issued.
The NTEU recommended CASS staff affected by Renew ANU should “cease work in CASS” to avoid being “further exposed to psychosocial hazards, or at risk of developing or exacerbating psychological injury”. The NTEU noted that this may apply to CASS staff even if their position is not proposed to be removed. They also recommended these staff “remain available for safe alternative work”.
The union also advised staff that whilst complying with the cease work order, they retain the right to be paid, as long as they “remain available for work and comply with any reasonable direction to undertake safe alternative work.”
The NTEU stated in the email that “ANU leadership in CASS need to engage with these issues urgently with a view to putting measures in place to eliminate or minimise the risk of serious psychological injury.”
Under section 85 of the Work Health and Safety Act 2011 (Cth), a Health and Safety Representative (HSR) can direct workers to stop unsafe work if they believe that an immediate or imminent hazard poses serious risk to the worker.
Usually, the HSR cannot direct a worker to stop until the HSR consults with the employer (the “person conducting as business or undertaking”) and attempts to resolve the issue. However, this does not apply if the hazard is so serious and immediate or imminent that it is not reasonable to consult first.
The NTEU email states that despite “extensive consultation with staff in CASS”, the HSR has formed the view that the issues raised in the 11 September PIN “remain unresolved” and pose a serious risk.
The email indicated these issues present “psychosocial hazards and psychological injury related to Renew ANU”, including the CASS Change Proposal and DVC (Academic) Change Proposal.
Since April 2023, the WHS Regulations explicitly require employers to identify and manage hazards and risks to their employees’ psychological health and safety. Employers have long had a duty to manage risks to health, including psychological health, under s 19 of the WHS Act. However, this regulatory change came as a response to the 2018 Boland Review of the WHS Act which recommended clarifying these obligations.
Later, in November 2024, Safe Work Australia published a mandatory Code of Practice, setting out practical guidance on managing psychosocial risk. The Code notes common hazards include bullying and harassment, poor organisational change management, low job control, job insecurity, and poor support.
In an email to staff regarding the cease work order, CASS Dean Bronwyn Parry stated, “if your work, meeting or email is about Renew ANU, please stop that work immediately and continue with other business as usual tasks.”
She added the cease work order would continue while the ANU “seeks to further investigate and remediate the concerns communicated to us.”
It is uncertain how long this cease work order will remain in place, as it requires the ANU to resolve the hazards identified by the CASS HSR. The NTEU directs staff with concerns towards contacting them at anu@nteu.org.au.
More to come.
Observer reached out to the NTEU and the ANU but they did not respond in time for publication.
Graphics by Shé Chani
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[…] labelled the NTEU’s decision to stop work “wonderful” and encouraged students to “come out in numbers” in support. The protest takes […]
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