January 27, 2006
Professor Emeritus Robert Smith, Chancellor
Professor Kerry Cox, Vice Chancellor
University of Ballarat
P.O. Box 663
Ballarat, Victoria, 3353
Australia
Dear Chancellor Smith and Vice Chancellor Cox:
I am writing to convey the serious concerns of the American Association of University Professors (AAUP), a national organization of college and university professors in the United States, about the decision of University of Ballarat administration to implement Australian Workplace Agreements (AWAs).
As you may know, the AAUP was founded in 1915, and has endeavored since then to define and defend the democratic ideals and professional standards of American higher education. Though founded purely as a vehicle for the articulation of faculty’s professional interests, “as a national organization which has historically played a major role in formulating and implementing the principles that govern relationships in academic life, the Association promotes collective bargaining to reinforce the best features of higher education.” (AAUP’s Statement on Collective Bargaining, initially adopted in 1973.) The pressure to sign AWAs is a part, I fear, of the worst feature of labor relations in Australia today.
It is my understanding that, under the existing collectively bargained agreement, moves to dismiss faculty represented by the National Tertiary Education Union are subject to due process mechanisms including joint review by the union and administration. Faculty working under AWAs, however, may be dismissed without investigation or review. In effect, the University of Ballarat is proposing that faculty be required to forgo the protections of tenure in exchange for
pay increases.
The AAUP’s 1940 Statement of Principles on Academic Freedom and Tenure, the basis of academic common law in the United States, holds that "[i]nstitutions of higher education are conducted for the common good and not to further the interest of either the individual teacher or the institution as a whole." The document goes on to state that:
Tenure is a means to certain ends; specifically: (a) freedom of teaching and research and extramural activities, and (b) a sufficient degree of economic security to make the profession attractive to men and women of ability. Freedom and economic security, hence, tenure, are indispensable to the success of an institution in fulfilling its obligations to its students and to society.
In making an AWA a condition of employment for new hires at the University of Ballarat, the administration may also be compromising its ability to recruit and retain faculty members. The American professoriate has made it clear in case after case in this country that tenure is not for sale.
The faculty at the University of Ballarat has chosen union representation, and longstanding AAUP policy calls upon administrations to respect that choice. “Where a faculty chooses collective bargaining, the trustees and administration have a corresponding obligation to bargain in good faith with the faculty-selected representative and should not resort to litigation or any
other means intended to avoid this obligation.” (AAUP’s Statement on Collective Bargaining)
The University of Ballarat’s move to supplant the collective bargaining process does a disservice to its students and society, as well as its faculty. I urge you to reconsider this course of action.
Sincerely,
Jane Buck
AAUP President
(posted 1/5/07)