NBN BULLYING CASE DECISION

In a Decision handed down this week, the FWC found that our member has been bullied at work. This followed a 3 day hearing over the past weeks. The FWC considered several remedies and decided to refer both parties to mediation in an attempt to resolve the otherwise ongoing problem. The case was run by our Branch Secretary and NBN used internal lawyers.
The full decision is publicly available on the FWC webpage at Application by Mr Adam Camilleri - [2025] FWC 1349 | Fair Work Commission. More next week.

NBN BULLYING KEY FINDING

We will highlight several important issues below and next week. Extract from Decision:

[69] I am satisfied that Mr Fitzpatrick has repeatedly behaved unreasonably towards Mr Camilleri while at work and that Mr Fitzpatrick's behaviour has created a risk to Mr Camilleri's health and safety. I am satisfied Mr Camilleri has been "bullied at work" by Mr Fitzpatrick within the meaning of s.789FD(1) of the FW Act.
[72] Mr Camilleri remains employed by NBN Co and is being managed by Mr Fitzpatrick. I have found that Mr Fitzpatrick has behaved unreasonably towards Mr Camilleri on two occasions. I have also found that there were shortcomings in relation to Mr Fitzpatrick's management of Mr Camilleri in relation to other allegations. I consider the requirement for Mr Fitzpatrick to continue managing Mr Camilleri means there is a risk Mr Camilleri will continue to be bullied by Mr Fitzpatrick.

NBN BULLYING: NOT ALL MATTERS PROVED

We had raised a number of issues before the Commissioner. The FWC found two proven and expressed concern at other actions. The Commission noted that some of these were incidents where allegations were made but no action resulted. The Commission appeared concerned with that situation. The FWC said:

[61] I consider in most cases raising an allegation against an employee and then taking no further action against the employee after receiving their response would constitute reasonable management action carried out in a reasonable manner. The point of difference in this case is the range of issues Mr Fitzpatrick had been raising with Mr Camilleri's conduct in mid-to-late 2024
I consider this is an example of Mr Fitzpatrick unreasonably deciding to raise an issue with Mr Camilleri that Mr Fitzpatrick would not have raised with other employees in comparable circumstances. I consider Mr Fitzpatrick was actively looking for issues to raise with Mr Camilleri's conduct because of his ongoing frustration.

TZV SUPPORT STAFF EBA

About 5 months late, and in breach of the current EBA, (despite our representations) TZV have finally agreed to commence bargaining. Their letter is below. The first meeting is proposed on Tuesday week. Our committee members are working on the Log of claims. We intend to publish the log asap and seek comment.

TZV SUPPORT STAFF EBA TZV LETTER TO CWU

TZV are pleased to formally notify the Communication Workers' Union (CWU) that it has received conditional authorisation from Government to issue its Notice of Employee Representational Rights (NERR) in respect of a replacement for the Emergency Services Telecommunications Authority Support Staff Enterprise Agreement 2021.
TZV intends to issue the NERR to relevant employees today. The conditional authorisation means that TZV is in a position to meet with the CWU and:
- accept the CWU's log of claims and hear from you as to the proposals and claims you have for the new agreement;
- set a schedule of meetings and other administrative requirements;
- identify matters we have in common and areas of difference and;
- discuss potential service delivery improvements and test these proposals
It is anticipated that TZV will receive authorisation from Government to share its Management Log of Claims shortly.

MECS REVIEW

We are meeting with TZV on Wednesday to discuss the various proposals set out in the presentation from TZV. We met with MECS members this week and identified a number of issues. John Ellery is leading the group and is seeking representatives to attend with us. We will have a follow up meeting with members after the meeting to discuss any developments.

CLAIM MEAL ALLOWANCE AND TA ON TAX???

We do not give tax advice. This item suggests that you discuss these matters with your tax advisor.
Remember your membership fees are fully tax deductible.
The ATO sets out annual determinations of reasonable allowances for each financial year for: - overtime meal expenses for food and drink when working overtime - domestic travel expenses for accommodation, food and drink, and incidentals when travelling away from home overnight for work
These allowances do not need to be substantiated if incurred, and your claim does not exceed these rates.

GET TAX ADVICE ON MEAL ALLOWANCES

For the 202425 income year, the reasonable amount for overtime meal expenses is $37.65.
Telstra for example pays a miserable $20.71 obviously not enough to cover a meal.
But you can claim the difference between the Telstra rate and the ATO reasonable rate (about $17.00) as a tax deduction.
You must get advice from a tax advisor.

GET TAX ADVICE ON TRAVEL ALLOWANCES

The reasonable allowances vary from location to location. The rates can be found at the ATO TA Tax Rates page. If your employer does not pay the ATO rates, then you can claim the difference between the paid rate and the ATO reasonable rate as a tax deduction. You must get advice from a tax advisor.