TELSTRA OPTICAL FIBRE DECISION

We are working to finalize the case. We are calculating the backpay due to our member. Being a Court decision, we are able to claim backpay for 6 years from the date we lodged the claim. We need to recalculate base pay, overtime payments and superannuation. We estimate that our member is entitled to well over $100,000 in back pay.
Telstra is also exposed to penalties for breaching the EBA. This is also a matter to be resolved.

TELSTRA OPTICAL FIBRE DECISION WHERE TO NOW

The case was run by the our Branch (only) using one member as an example. Our Branch Assistant Secretary gave evidence in support. We learnt a lot about the job descriptions, and how a Court will deal with them even if outdated. There are others workers in the same boat as our member. It also should halt what we believed was the Telstra plan to reduce CFW5s to CFW4s as overpaid workers. The words "Optical Fibre jointing" at the CFW 4 level means just that - jointing. It does not mean locating faults, planning, testing, signing off etc. That falls into higher level work. As soon as we conclude this matter, we will look at the consequences.

TELSTRA OPTICAL FIBRE DECISION MORE FROM TELSTRA

We reproduce items from Telstra for those not getting the statements from Telstra: 11 Nov 2024

Hi Team, Firstly, I would like to apologise that it has taken a while for me to provide this update in relation to Enterprise Agreement (EA) core jobs and the next steps. It is a complicated topic with a lot of history, and I thank you for your patience.
As previously mentioned, we have been reviewing a recent Victorian Magistrates Court decision which relates to an individual employee and their work under the EA core jobs. We have decided to not appeal the decision.
Whilst the Court decision applies to the specific work of one team member, there remains the need for a broader review of work in Field Services. This is important to provide you with clarity, given almost all the EA Customer Field Workstream (CFW) core jobs were drafted over 20 years ago.
To do this we need to accelerate the current review of EA CFW core job descriptions, as this is the best way to ensure we are addressing any issues consistently and fairly across the team.
As you will recall, we commenced the CFW core jobs review with the CEPU in late 2023 and, despite our best intentions, it has taken some time to progress. One of the biggest challenges is the sheer variety of work we do across Field Services and all the different ways we describe it in the EA Core Jobs. As a result, we will undertake a wider consultation across our Field teams to ensure we are properly capturing the work you do every day.
Alongside our ongoing review with the CEPU, we will start a consultation process in the next few weeks and provide all Field Employees with the opportunity to provide input. In short, we will be asking you to help us ensure that the EA core job descriptions set out simply and clearly the work that you do for our customers every day.
I will share more details about this over the next couple of weeks. However, as previously shared, any changes to the description and grading of core jobs requires an agreed process between Telstra and the CEPU.
We are proposing to meet and discuss this as part of that process. This will include your feedback - to ensure that the core jobs reflect the work our team performs every day.
I look forward to engaging you all on this important work. As outlined, I will provide specific details on the next steps shortly. We will also hold briefings to keep you informed and address any questions and feedback.
Thank you for your patience and in advance for your engagement in the process. Beba Brunt

TZV EBA

TZV have lodged the application in the FWC for approval of the Ops EBA. As soon as it is approved, TZV have proposed to immediately act on the payments and it looks as if this will be done before Xmas.

TZV MENTORING ALLOWANCE

NBN have advised of a payroll error and is moving to fix it. This does not apply to trainers or affect our case or the appeal by TZV. It relates to an error where non trainers did mentoring and were not paid.

I recently contacted the unions to advise of an identified error which resulted in instances of underpayment of the Mentor allowance for eligible employees in the period from September 2017 to March 2024.
Triple Zero Victoria (TZV) identified 851 instances of eligible employees not receiving the mentor allowance whilst performing mentoring duties over this period due to a data entry error into the Workforce Management System (WFM), meaning that incorrect information flowed through to Payroll in the payroll extract. This issue impacted 257 employees who were not paid the correct Mentor allowance entitlements in some instances. To prevent this error in the future, a rule was created within WFM, and has been applied since March 2024.
The total amount required to be paid to employees is $37,063.73. TZV will process the outstanding entitlements and payments to the identified current employees in the next fortnightly salary payment. We will provide each employee with a letter outlining the issue and the value of the underpayment processed. We will also write to all ex-employees with an identified underpayment and make arrangements to pay and resolve their underpayment. I will provide a further update to confirm when the processing of the underpayment values to each employee has been completed.
Mentor allowance rates applicable at the time the mentoring duties were undertaken have been used for the calculations. The dates and rates are:
From the first pay period commencing on or after 31 October 2016 - $3.08
From the first pay period commencing on or after 31 October 2017 - $3.17
From 1 July 2019 - $3.25
From 1 July 2020 - $3.33
From 1 July 2021 - $3.41
From 1 July 2022 - $3.50
Memorandum of understanding period 27 August 2022 9 September 2022 - $7.00
Memorandum of understanding period 10 September 2022 7 October 2023 - $9.00
From 7 October 2023 - $3.50

NBN EBA BARGAINING

Bargaining for a new NBN Enterprise Agreement continued this week. Last week the claims included:
1. Travelling and Working Away from Usual Workplace: The Union proposed that all travel outside of ordinary working hours be paid at the appropriate overtime rate. Under the current EBA, this travel is only compensated at a single-time rate. NBN responded by stating that they are already paying travel that occurs outside of normal working hours at the overtime rate. The Union seeks to have this explicitly reflected in the EBA and is awaiting a formal response from NBN.
2. Day Workers vs Shift Workers: The Union is seeking clearer protections in the EBA to prevent day workers from being forced into shift work without their consent. NBN has yet to provide a formal response to this claim.
3. Non-Continuous Overtime: The Union has proposed an increase to the minimum engagement period for non-continuous overtime by one hour, as well as a provision to ensure that all employees receive either a 10-hour break or overtime payments until they receive the 10-hour break after working non-continuous overtime.
4. Shift Penalty Payments & Agreement for Night/Afternoon Shifts: The Union is pushing for an increase in shift penalty payments and for night/afternoon shifts to only be performed by mutual agreement. NBN maintains that the current arrangements are in line with industry standards and fit for purpose. Negotiations on this issue will continue.
5. Annual Leave & Personal/Carer's Leave: The Union has proposed an additional week of annual leave for all employees (five weeks for day workers and six weeks for shift workers), as well as 18 days of personal/carer's leave in line with the Australian Public Service. NBN has rejected this claim, though negotiations are ongoing.