TZV SUPPORT EBA

We have had a brief discussion with TZV about commencing negotiations for a new EBA for Support workers. The nominal expiry date of the current Agreement is 30 June 2025. We expect to have an initial meeting in January 2025. There are about 300 workers covered by the EBA. TZV advise that they will be surveying staff in the near future. We will also be seeking input from members in the corporate area. We also need to appoint our committee members. We welcome any comments about the process.

NBN SOD EOD

We are still working on this matter. We argue that all SOD and EOD work must be paid work. I hope to report progress next week.

NOKIA MONTHLY PAY DISPUTE

We will commence proceedings this week to try to resolve the dispute. Details next week (or email me).

TELSTRA HFC MEMBERS

I have received a number of emails from members formerly working in HFC. The members complain about the lack of high level work as the skilled HFC work has almost ceased. Technically, a potential redundancy situation has arisen and Telstra must work through the redundancy process, starting with the search for suitable alternative employment if any exists. Experience has shown that they rarely find suitable alternative employment.

CFW5 COURT DECISION

Not surprisingly, we have had a number of inquiries about classifications since we won the case. It is clear to me that other staff, commencing with our CFW4 members in Optical Fibre also have a case to be upgraded and receive substantial back pay. There are other classifications that need looking at as well.
The current case is not yet finished. We have to finalize the back pay and penalties, hopefully before Xmas.
Once finished and the appeal period has finished, we will review claims from members and seek remedies, including backpay.
Be careful of advice from other Branches. Members have reported some. They were not involved, nor sought to be involved in the case. The case was complex and the successful arguments were based in the laws of construction.

TELSTRA WORK TYPE FEEDBACK SURVEY

Telstra is conducting a survey. Members are questioning the reason. Should I complete the survey? Could Telstra use it against me? We have not been consulted on this and we do not know the questions being asked.
However, it is against the law to underpay workers, and penalties can be severe.
My view is that Telstra must seriously audit all CFW jobs, particularly Fibre workers, now that they have a Court decision that they have not applied the Job Descriptions correctly. Your responses will likely guide Telstra as they decide whether to offer you an upgrading and backpay.
The answer- keep a copy of the questions and your answers if you do respond.

CFW5 COURT DECISION AN IMPORTANT POINT

The Court found that Project Work and Wideband work was clearly CFW5 work and this supported the CFW5 finding. However the Court went further. It found that even without Project and Wideband work, our member was still undertaking CFW5 work. See these paragraphs in the decision:

242 This conclusion is also based in part on the increased breadth of Mr Jayawardana's role from mid-2021 onwards. In particular:
(a) In Mr Jayawardana's Project Work, the installation of Exchange Cards, and the functions of working to a design plan, contributing to redesign and populating workbooks contribute to the general complexity of his role.
(b) In Mr Jayawardana's Wideband Work, the additional function of installing customer equipment and arranging activation contributes to the general complexity of his role.

243 However, omitting considerations relating to Mr Jayawardana's Project Work and Wideband Work (and the corresponding counter-considerations in respect of his General Inspection Work as to the applicability of the CFW4 classification) I nonetheless reach the same conclusion, on balance, that prior to mid-2021, Mr Jayawardana was not appropriately classified at level CFW4 and should have been classified at level CFW5. That conclusion is based on the matters referred to above regarding Mr Jayawardana's Repair and Maintenance Work, APOC Work and his personal characteristics. Accordingly, I conclude that Mr Jayawardana was entitled to be classified at CFW5 for the full relevant period to which his claim relates.

NBN SHEQSY MONITORING OF STAFF

We have written to NBN seeking that they delay introduction of the new personal surveillance system. They are suggesting a meeting this week. We have a number of questions to clarify and we are concerned with privacy issues (see below). If nbn has not obtained your consent, you could advise them that, to clarify the situation, you do not give consent to be tracked with the SHEQSY system.

NBN SHEQSY MONITORING OF STAFF

One of our concerns is the Surveillance Devices Act 1999 (Vic) and the prohibition on tracking without consent. See the extract below. This exposes Team Leaders, Managers and even HR to criminal penalties if true consent has not been obtained. The Act states:

8 Regulation of installation, use and maintenance of tracking devices
(1) Subject to subsection (2), a person must not knowingly install, use or maintain a tracking device to determine the geographical location of a person or an object
(a) in the case of a device to determine the location of a person, without the express or implied consent of that person; or .
Penalty: In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both; In the case of a body corporate, 1200 penalty units.
(Note This is an extract of the key provision. There are other possible breaches eg misuse of data)

ASBESTOS USE HAS A DEADLY LEGACY IN AUSTRALIA.

But it's not just in our past: still today, more than 4,000 Australians die from asbestos-related disease every year a number that continues to climb.
This week is National Asbestos Awareness Week where we remember the cost everyday Australians pay when big business put profits above workplace health and safety. It's also about drawing attention to the dangers of the six million tons of ageing and deteriorating asbestos in our built environment.
This poses a huge risk for everyday Australians. In our homes, and in our workplaces.
Read more and sign the petition.
We simply must remove this asbestos to save lives. If removal progresses at its current rate, 1 million tons will remain by the end of the century which will translate to another 30,000 lives lost to asbestos-related disease. This loss of life is preventable, and super-charging the rate of removal is one of the core things union members continue to fight for.
Australian union members are proud to have played a key role in the banning of asbestos in 2003, and campaigning for justice through compensation for workers who had already contracted or would later contract asbestos-related illnesses.