CWU T&S WEEKLY BULLETIN NO 2021 / 49
28 November 2021
WE FORCE OPTUS TO CHANGE ANNUAL LEAVE POLICY
We have won this battle for our members. Optus HR policy unlawfully stated that they could direct EPA staff to take annual leave. Thus Optus unlawfully forced staff to take leave in the following circumstances:
Optus went so far that they were pre-filling annual leave applications.
All the above has now stopped for EPA staff.
The Policy has been changed. (More next week)
OPTUS ANNUAL LEAVE - WHAT TO DO NOW
If you were forced to take leave, you are now free to cancel that leave.
It is your right. It is a serious breach of the Fair Work Act if Optus tired to force you to take leave.
Even individual managers and Team Leaders could be personally liability. Penalties exceed many tens of thousands of dollars.
If you are still pressured in any way, or you feel your KPI measure is affected contact un immediately. We can fix it.
OPTUS ANNUAL LEAVE - THANK YOU
We thank the members who contacted us and provided the information we needed to stop this unlawful activity. In the end we did not need to reveal any names to Optus. Your fellow workers also thank you.
TELSTRA NEW EMPLOYMENT CONTRACT - THE BIG PICTURE
Telstra is about to issue new employment contracts as you move into new entities. It is a "transfer of business". This is just a big picture report - we will cover more detail later.
You need a new contract.
After moving to (say) Servco, you are a day 1 employee with a new employer.
Therefore you have no accumulated ARL, SL or even redundancy benefits.
While the law maintains your conditions of service (the current Telstra EBA continues) You still have just one day of service
You need the new employer to say in an employment contract that it will recognise:
Telstra may add other matters which will require legal scrutiny by us. We have not seen any offer at this stage and we will comment when we see the offers.
TELSTRA NEW EMPLOYMENT CONTRACT - THE BIG PICTURE - REDUNDANCY
Technically, on transfer day, you are redundant in Telstra. Your employment with Telstra is terminated. You are joining a new employer (eg ServCo) with no history. But for the Fair Work Act, you are entitled to redundancy.
The Fair Work Act kicks in. It has provisions to deal with what is called "transfer of business".
The big picture is this:
If you are transferring to a new business (eg Telstra to ServeCo) and you are offered substantially the same pay and conditions, with no disadvantages, then you are not entitled to redundancy payments. If you refuse the transfer, you will not be entitled to redundancy.
Note: Some technicalities may exist which we are not covering here.
TELSTRA EBA - WHERE IS IT UP TO?
The following is a report dated 23 Nov from John Ellery from our colleague John Ellery (T&S Branch) Vic.
We have now conducted 11 EBA meetings via zoom. Typically they are 3 hr meetings each Wednesday, sometime 3 hrs in front of a "Teams" screen. There have now been a number of "curve balls" thrown in by Telstra, and a number of things are happening in parallel, thus complicating the EBA negotiations.
They include
Telstra also wishes to pursue the 4 separate EBA proposals for each of their new entities they are progressing. In addition, the so called "flexibility" arrangements to choose to apply for "preferred hours" and "split shifts" are troubling developments and could lead to reduced terms and conditions for workers for a number of reasons. Telstra are seeking to exploit individuals' personal requirements under the guise of their version of "flexibility", which differs markedly from ours.
Significant resistance to the "Saturday" push has come from all Unions, but now Telstra have modified that to the extent of "ring-fencing" (their words) customer service areas to bear the pain. They have now withdrawn the proposal on Saturdays for all other Telstra staff (including the field areas), but we suspect it is clearly a longer term aim. At present, the justification on this for Customer Service only is so they can be "cost cut" against the possibility of using on shore based outsourced labour hire providers.
Arguably, this is a lever being pressed by Telstra in seeking to lower the terms, wages and conditions of Telstra's Australian Call Centre employees. This push is also coming from the Telstra initiated "Award Variation" application, which is designed to lower the Telstra Modern Award safety net. This is because their proposals on Saturday work are clearly under the existing Telstra Modern award provisions. If the EBA were to be voted on, it may not necessarily pass the BOOT (Better Off Overall Test) when certification by FWC is progressed. It would appear that getting the Award arbitrated by FWC without the support of the Unions may be a long process. We suspect that key changes to underpinning terms and conditions (i.e. the Award Safety net) really means that it is likely the first "cab off the rank" before the EBA is resolved.
If Telstra cannot get Unions' support for the EBA (due to issues identified above) they still have the ability to put the EBA document (or documents) to the staff, and chance their arm on the vote. Interesting times are on the horizon, and it is unlikely that we will see much progress before the end of the year. However, we still continue to meet and bargain in good faith, as required by the Fair Work Act.
LABOR SHOWS ACTION IS POSSIBLE TO FIGHT INSECURE WORK - ACTU
The ACTU welcomes the private member's bill introduced by the leader of the opposition which would ensure that workers doing the same job for the same employer are paid the same. The Bill would stop the unfair business model that sees some labour hire operators undercutting pay and conditions and offering cut-price workforces to businesses. The Bill demonstrates that Governments can take powerful steps to make work more secure and ensure that working people have basic rights.
Unions stand with workers in labour hire jobs who are calling on the Morrison Government to support this Bill and stop the race to the bottom on wages and job security. ACTU Secretary Sally McManus: "Workers who do the same work for the same employer should be paid the same. We have to stop this business model that allows labour hire operators to create a cheaper and more insecure workforce.
BEWARE BURNOUT AT WORK
Workers have experienced unprecedented stresses over the past 2 years as Covid, job insecurity and low pay rises combined to add significant risks to the health and well being of families. If you suffer burnout, a workers compensation claim may be appropriate should you need medical help or time off. We found this guide:
7 Signs of Burnout
1. Sleeplessness
2. Frequent Illness
3. Depression
4. Irritability with co-workers
5. Working Hard & feeling drained without signs of higher production
6. General lack of interest/feeling of apathy
7. Forgetfulness
TELSTRA GENDER AFFIRMATION LEAVE
From Telstra: We're very pleased to share that Telstra is launching Gender Affirmation Leave, available to all eligible Australian based permanent employees. This entitlement will provide up to 8 weeks paid leave and will support employees who choose to take steps to affirm their defined gender, which includes:
Our policy has 2 main objectives; provide clear support for employees who want to affirm their gender; and continue to demonstrate that Telstra is a diverse and inclusive company. We are proud to offer a market leading entitlement and to be launching during Trans Awareness Week.
RETIRED MEMBERS ACTIVITIES
The Newsletter
can be downloaded from the website
Also a reminder of our
Xmas Lunch on Tuesday 7th Dec.
Once again Chris Cartledge has produced a
payday calendar for members.
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Secretary/Lawyer - industrial matters & advice eg payments, applications, change of details |
Authorised by Dan Dwyer Branch Secretary
CWU Telecommunications & Services Branch, Sydney City, NSW.
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2021