TECHNICAL AND SERVICES BRANCH WEEKLY BULLETIN 2024
Number
36
1 September 2024
POST EBA
Aus Post EBA voted up with 89% voting Yes. It has been lodged in the FWC for approval. The EBA provides for 4% pay increases each year for 3 years.
POST CONSULTATION
We have various issues arising in Sydney and Melbourne. For example in Sydney we have issues with outstations (SGF and Botany), with electrical licences and shifts etc. We reproduce some extracts from the Post EBA explaining what consultation means.
See the full EBA clause on
Postal Consultation
The EBA states (and it is binding): 31 Employee consultation
1 The Parties agree that consultation is important in maintaining positive working relationships between Australia Post, its employees and the relevant Unions. Australia Post acknowledges that consultation prior to any significant change and on the consequences of that change is critical to maintaining positive workplace relationships and positive business outcomes.
2 The Parties recognise that the principles of consultation stated in Commissioner Smith's decision in CEPU v Vodafone Network Pty Ltd (Print 911257) reflect its intention with respect to consultation. In particular, the Parties agree with the following statement by Commissioner Smith in that decision at paragraph 25:
"Consultation is not perfunctory advice on what is about to happen. This is [a] common misconception. Consultation is providing the individual, or other relevant parties, with a bonafide opportunity to influence the decision maker."
TZV UNIFORMS ON WEEKENDS
TZV and ESTA staff have always been able to work without uniforms on weekends. TZV have now made wearing of uniform compulsory on week-ends. No reasons have been given for this blanket instruction. We could not move TZV. We are now notifying the Fair Work Commission of a dispute in an attempt to resolve the matter.
TZV EBA PROGRESS
We receive a number of inquiries about the possible commencement date of the TZV EBA. It is likely to be many weeks as we will have to await (a) State Government approval, (b) an explanation period (say 3 weeks), (c) the ballot (say 1 week) and (d) the Fair Work process including preparation and certification (several weeks). Add these together, it could easily take 12 weeks. These are steps that an employer must take.
The proposed EBA provides:
5.1 This Agreement shall come into operation 7 days after it is approved by the FWC.
That puts the estimated date of commencement at late November or early December.
TZV EBA PAY INCREASES SIGN ON BONUS
The pay increases have two components. First is the sign on payment. The clause says (in part):
A one-off $5,546 payment will be made to all permanent Employees covered by this Agreement at its commencement, with the payment to be pro-rated for part-time employees. Casual Employees will not be eligible for this payment.
Note that only permanent employees at the date of commencement of the agreement will receive the bonus. Casual employees at the date of commencement are not eligible for the bonus.
TZV EBA PAY INCREASES FIRST PAYMENT
Members will be eligible for substantial back pay once the EBA commences. The proposed EBA provides for a 3% pay increase from 3 April 2024. If the date of commencement is in December, then you will receive 7 months back pay. This includes part time and casual employees.
ACTU ON NEW RIGHT-TO-DISCONNECT LAWS
Unions welcome the new right-to-disconnect laws coming into effect last week as a cost-of-living win for working people. Today's new rights will empower workers to refuse unreasonable out-of-hours work contact, enabling greater work-life balance and reducing the burden of unpaid labour while families face cost-of-living pressures.
From August 26, most employees now have the right to refuse monitoring, reading or responding to unreasonable work-related communications outside of work hours. The right extends to all forms of work-related communication, including from third parties such as clients, customers and students.
The new rights are expected to reduce the amount of unpaid work hours Australians currently perform, which the Centre for Future Work estimates at an average for each worker of 5.4 hours per week or 230 hours a year, equating to $131 billion in unpaid work annually.
The right to disconnect is directed at an employee's right to not unreasonably refuse contact and it does not impose a blanket ban on employer contact. Instead, it gives workers the right to decide whether to respond to out-of-hours, based on the reason for the contact; the level of disruption it causes, and their family responsibilities. It makes clear that workers should be paid for all the work they do.
However, these hard-won rights are under threat from Opposition Leader Peter Dutton, who has pledged to roll back the laws if he wins the next election. The ACTU warns eliminating the right to disconnect would exacerbate cost-of-living pressures by forcing more unpaid labour and pushing workers further into financial and mental health stress.
CONTACT US - FOR HELP
0428 942 878 ddwyer@cwu.asn.au Dan Dwyer
Secretary/Lawyer - industrial matters & advice
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CONTACT US - ADMINISTRATION
03 9663 6815 office@cwu.asn.au Administrative
eg payments, applications (Open 8am-4pm MTWT)
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Authorised by Dan Dwyer Secretary
- CWU Telecommunications & Services Branches.
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