NBN FIELD ENGINEERS - OVERVIEW

We held a meeting of members last Thursday and it is clear that many staff do not want to sign on for shiftwork, and that many do not understand some of the clauses, nor the changes that will flow from signing a new contract. All seemed to want more time to investigate and consider the changes.
We have written to the Manager seeking an extension of time of at least 2 weeks so that you have sufficient time to consider the offer.
We have also sought a meeting to discuss the various controversial issues.
Given the short time that NBN has imposed on the process we have sought a positive response by close of business Monday. (To see progress, watch this web page)
Monitor the special FE Web Page
We also advised NBN that without an agreement to an extension of time, we expect to file a dispute in the Fair Work Commission asking the Commission to deal with the dispute.

NBN FIELD ENGINEERS - WHAT TO DO

Given our proposed action, you could hold off signing until the dispute proceedings are resolved, and/or an extension of time is agreed by NBN.
Monitor the special FE Web Page
We have given our T&S Branch members more specific advice and options by email.

NBN FIELD ENGINEERS

This week NBN declared that consultation has finished and they offered a new employment contract for Field Engineers. Some of the key changes from the existing employments are:
- Now covered by the Enterprise Agreement (EBA)
- Cessation of the On Call allowances
- Your agreement to work any shift work
NBN gave about 7 days to respond. Else NBN is raising redundancy and possible redeployment as a response. We repeat our advice: There is no obligation on you to sign into a new employment contract.

OPTUS SHIFT HANDOVER

We have pursued the payment of time for handing over of shifts. Optus has been very slow in responding after signalling that they would pay for handovers, and pay backpay.

This week we wrote to Optus as follows: Further to our email below, we seek your position as soon as possible. We have indicated before that we are holding off litigation in this matter pending your explanation. Would you please advise within 7 days.

Our claim was as follows: Our claim is that the daytime shifts are nominally starting, or have been starting at 6.45am and finishing at 7pm. Optus has not paid any shift penalty for the daytime shifts. We claim that the morning shift penalty (10%) is and has been applicable.

ACTU ON WAGE THEFT

If you opened the till at work, took cash out, and kept it for yourself, that'd be stealing, right - you'd probably lose your job.
Turn the situation around: what if your boss opened your wallet, took your money, and kept it for themselves - and got away with it?
You might think that sounds crazy...But Friend, that is exactly what's happening, in workplaces all across Australia.
Thankfully, new laws - won by union members - will soon make it a criminal offence to intentionally underpay workers, meaning that employers can face heavy fines and even jail time if found to have broken the law.
These new laws will give power back to workers, by deterring employers from deliberately underpaying their workers.
These changes are much needed. Wage theft - underpaying workers, either deliberately or unknowingly - is rife, with research estimating that up to $1.35 billion is stolen each year.
And young workers, women and visa-dependent migrants - groups already struggling in the cost-of-living crisis - are often the most affected.
These new laws are another big change won by union members, and you can part of it.
When you're a member of your union, you have access to support, expert advice and legal representation, if you need.

BECOME A DELEGATE?

We are currently updating our delegates in NSW and VIC. If you are our unofficial delegate, and wish to make it formal, please contact us. If you would like to become a delegate, and gain invaluable experience in workplace issues, then please contact us. For us, your role as a delegate is simply to be our contact point in your workplace.

CHANGES TO GENERAL PROTECTIONS WORKPLACE DELEGATES' RIGHTS

(extract from Fair Work Commission fact sheet Published 14 March 2024)
From 15 Dec 2023, there are new protections for workplace delegates when they are carrying out that role.
A workplace delegate is a person appointed or elected by an employee organisation (eg a union) to be a delegate or representative for members working in a particular enterprise.
Workplace delegates have the right to represent the industrial interests of members and persons eligible to be members.
Workplace delegates are entitled to reasonable communication with current members and persons eligible to be members about their industrial interests. To represent those interests, they are also entitled to reasonable:
- access to the workplace and workplace facilities
- access to paid time during normal working hours, for the purposes of related training.
Protection for workplace delegates
An employer of a workplace delegate must not:
- unreasonably fail or refuse to deal with the workplace delegate
- knowingly or recklessly make a false or misleading representation to the workplace delegate
- unreasonably hinder, obstruct or prevent the exercise of the workplace delegate's rights under the Fair Work Act or a fair work instrument (such as an award or enterprise agreement).
Adverse action and workplace delegates rights
The Fair Work Act prohibits a person from taking adverse action against another person because they have a workplace right. Examples of adverse action include:
- dismissing an employee
- treating them differently
- demoting them to a lower job
- cutting their shifts or hours
- offering a potential employee different (unfair) terms and conditions compared to other employees
How we the FWC help You may be able to apply to start a case at the FWC if you think that an employer took adverse action against you.