TELSTRA EBA

This week the unions presented 4 issues from the log of claims. The issues were
1. Annual shutdown - no forced annual leave
The Australian tradition of a family holiday for 4 weeks has been trashed by the new concept of "shutdown". And that is suspect as Telstra does not shut down. Telstra is considering the claim.
2. Removing the unfair treatment of `exempt employees'
`Exempt employees' do not receive payment for overtime, do not receive public holiday penalties and are unable to access the on-call allowances. Telstra is considering the claim.
3. The ability to move out of Job Family at any time
As a matter of fairness and equity, employees should be given the choice to move to job family or workstream and this should not be limited in anyway. If Telstra believes that job family is robust and effective, they should allow employees to exercise choice. Telstra has rejected this claim.
4. Union presence at staffing inductions
We have sought for the Unions to attend new employee inductions in order to explain the role of the Union, the Enterprise Bargaining process and to ensure new employees understand their rights. Telstra is considering the claim.

NBN HOOK-UP WITH OUR LAWYER - FIELD ENGINEERS

We have a meeting with NBN on Wednesday. You are invited to a Branch Zoom meeting to discuss the NBN proposals to change employment contracts. THURSDAY - 1 MAY AT 4.30PM. See email for details.

NBN FIELD ENGINEERS

We started with demands from NBN. NBN threatened redundancy if you didn't sign a new employment contract, agreeing to, among other things, shiftwork and unpaid work.
Members reacted. This Branch threatened Fair Work involvement if the deadlines were not extended and consultation agreed.
We achieved that. We met and put 20 issues to NBN. See previous bulletins and the special FE Web Page
The deadlines are now soft. New contracts are now available. Even those who signed, will have the contract varied according to an email from NBN. You can refuse shiftwork. You can have a clause to opt out of shiftwork at any time.
Consultation has not finished. NBN agreed to a further meeting with us, and to respond in writing to several significant matters. We reminded NBN of that agreement. We are meeting on this Wednesday morning with NBN.
The dispute is not over. Matters not in the contract need resolution.

NBN POLICIES

Policies are not included in the Employment Contracts. But they are called into it. They cannot conflict with the contract, the EBA, the Award and other laws. We continue to challenge any policy that requires you to work without pay, or in contravention of the EBA. We have yet to be convinced that the EBA covers Field Engineers, and when. Clarification on this matter may raise other issues. The issues include SOD/EOD, Button compliance, scheduled night work and flexibility.
When a matter of significance occurs between Bulletins, we will update the special FE Web Page

INDUSTRIAL ACTION

There is no right to take industrial action (eg bans) or to strike in Australia. We used to take industrial action and strike action to protest against actions by unscrupulous and aggressive employers. Then the hard right began a series of common law legal claims for damages caused by industrial action. They were mainly successful.
This triggered new laws to allow workers to take industrial action (legally). Its now called "Protected Indistrial Action".
However the "right" is littered with speed bumps and technicalities that slow down and make the path to a strike difficult to navigate. They laws even try to protect the "bosses". Fancy having to give the "boss" 3 days so that the "boss" can organise mercenaries to take your job!
The "right" to take industrial action is strictly limited to the period after your Enterprise Agreement has passed its nominal expiry date, after certain conditions are met, after a ballot where 50% must vote, after explaining the types of action and after giving the 3 days notice. It is also limited to the pursuit of a new or replacement EBA.

INDUSTRIAL ACTION AND CURRENT NEGOTIATIONS

The above item explains (albeit briefly) the path to industrial action in Australia. This explains (at least in part) why say Telstra and Aus Post are very early negotiating a new EBA. They will be keen to get a new EBA in place to ensure that you are unable to take industrial action in support of say, better pay.
So you can expect that the employers will go to a ballot before the nominal expiry dates (30 Sept 2024 in both cases), with or without union support.
This happened last time in Telstra, where the ballot was just over at the time that the very high CPI was released. This Branch recommended a NO vote for the Telstra EBA but was alone.