LATE NEWS

We have just received the news that our union colleague and life member, Paul Lightfoot, passed away on Saturday. More next Bulletin.

NO BULLETIN WE HAVE BEEN BUSY!

We have been very busy over the past few weeks with a number of legal matters arising at the same time. Bulletins were put on hold as weekends were needed to prepare for three FWC hearings. And we have more hearings ahead. See the reports below

TELSTRA HFC CASE

The case involves HFC workers whose Telstra work was transferred to NBN. The members believe that they are redundant and no suitable alternative employment exists. This was due to be heard in full in the FWC. However, Telstra raised a late jurisdictional objection. This is heard separately and the main event is postponed until jurisdiction is resolved. In simple terms, Telstra claim the dispute was raised under the old EBA and cannot be continued as the new EBA (by law) ends all old EBA disputes. We await the Decision.

BAI EBA MEETING

The BAI Technical EA is due to expire soon, and the company has indicated that it wishes to commence Enterprise Bargaining negotiations. To prepare for these negotiations, the CWU will be holding a meeting of employees on Wednesday 11 March at 6.30pm Sydney time. The purpose of the meeting is to discuss the upcoming enterprise bargaining process and develop a list of key issues and priorities that members want raised in negotiations. See email for link.

TZV REDUNDANCY CASE

We are representing a member who believes that his redundancy was not a genuine redundancy under the Fair Work Act. The case involves an analysis of the TZV redundancy practices and procedures. The case is brought as an Unfair Dismissal. However, no jurisdiction exists if it is a genuine redundancy. If the FWC finds that it is not a genuine redundancy, the case will continue as an Unfair Dismissal matter. We await the FWC Decision.

TZV UNFAIR DISMISSAL

This is a difficult case. TZV allege that holding a (previously secret) Police Security Clearance (in addition to a National Police Check) is an inherent requirement of most jobs in TZV. Most members would be unaware that this exists. In his case the Police (wrongly in our view) revoked the Clearance. TZV terminated the member because he did not have the clearance. This is a simple and brief explanation of a complex matter. We await the FWC Decision.

NBN START OF DAY CASE

Preparations continue as the Court's hearing dates (9 and 10 April) approach. The case involves one member, and the claim (simply put) is for overtime for the 30 minutes start of day work and 30 minutes end of day work a total of 60 minutes overtime every day. Backpay and interest is also claimed. While the decision only applies to one member, it sets a significant precedent applicable to similar workers. (In a similar matter in Telstra where we won, the win by one member caused about 35 similar workers to receive the benefit.)

TZV SUPPORT EBA

After many months and unexplained delays, TZV have finally set a date to reveal their new structure for Support staff. We usually meet fortnightly. Their letter states

I am very pleased to advise you that TZV has received approval from the Department of Treasury & Finance (incorporating Industrial Relations Victoria) to table the TZV proposed classification structure for inclusion in the enterprise agreement negotiations.
At our next meeting scheduled on 17 March 2026, we will provide all members a confidential "Without Prejudice" document that outlines the structure, the principles which are the foundation for its application and initial details of how the classification structure interfaces with the TZV PDR process.
We look forward to progressing the negotiations with you all and ensuring we develop a system that enables performance driven advancement and reward and results in a clear user-friendly enterprise agreement that benefits our support office employees.
Once we have the proposal, we will need to consult members and identify issues and questions. We will do this by Zoom. Watch for notices.

TELSTRA MEDICAL DECLARATION

Some members have recently raised the need to complete Medical Declaration Forms. This of course is an invasion of your privacy but may be necessary to a very limited degree. On the one hand, medication may have no effect on your job. On the other, if it is a risk to you or others, you should be on sick leave. So where does a Declaration take us? The policy seems to be vague and difficult to interpret. We would like to hear of any experiences before taking the matter to Telstra.

OPTUS REDUNDANCIES

We met with Optus this week to be briefed on the proposed redundancies. No progress was made at the meeting, but some issues arose. One issue was the notice of termination and a possible underpayment to members. We wrote to Optus as follows:

We refer to your letter of 24 February 2026 regarding a new tranche of redundancies in Optus. We take your letter to be notification of significant changes and related initiation of a consultation process. We met today to discuss the proposal.
Request for further information
1. As outlined today, we are seeking a breakdown of the numbers and roles so that we can fully appreciate the proposals, and whether any roles overlap with the roles of external contractors. At present we have been told the number of roles affected but not the proposed number of reductions.
Withdrawal of termination letters
2. We also request that all letters issued to staff advising them of a termination date be withdrawn.
In this regard, we note the following:
a. Optus has written to a number of affected staff advising them that they are redundant (their position will not exist) as of 30 March 2026.
b. The letter advises that the termination date is 27 March 2026 4 weeks and 3 days' notice, not the full 5 weeks for staff over 45 years old.
c. The termination letters are dated 24 February 2026, the same date as the correspondence to the Union initiating consultation.
d. It therefore appears that Optus has already identified the individual employees whose employment will be terminated prior to any consultation occurring.
e. The termination letters state:
This letter serves as written notice that your employment will terminate for reason of redundancy on 27 March 2026 (the Termination Date) unless we agree otherwise through consultation (as outlined above) or are able to redeploy you prior to that date.
f. In our view, this process is fundamentally flawed. Consultation cannot be conducted meaningfully where a decision has already been made and notice of termination has already been issued. Nor can consultation, redeployment processes, and notice of termination be effectively conflated in this manner.
g. Members have also raised concerns that the selected termination date appears to have the effect of partially disqualifying them from the annual bonus system. We understand the PDR rating period closes on 31 March, and affected employees believe the earlier termination date may reduce their bonus entitlement to 50% of the full amount.
h. We remind you of the classic definition of consultation stated in Commissioner Smith's decision in CEPU v Vodafone Network Pty Ltd (Print 911257):
[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 bona fide opportunity to influence the decision maker."
In the circumstances, we request that the termination letters be withdrawn so that a genuine consultation process can occur.
We look forward to your response.

TELSTRA REDUNDANCIES

Telstra has advised that some of the redundancies are going ahead. Their latest advice states:

Following consultation, we have made the final decision to proceed with the changes announced on 10 February. Some adjustments have been made following the consultation process, the final result is a net reduction of 79 roles. Over the coming weeks, we will initiate group and individual redundancy processes. Employees who have been notified of redundancy will then enter the Placement Period. If impacted employees are not appointed to a role during this period, the anticipated timeframes for leaving Telstra will be within the next 4-8 weeks. Additionally, we will conduct Expression of Interest and recruitment processes for new roles that are being created.

TELSTRA'S OFFSHORING DISGRACE: TELCO'S RESPONSES FALL SHORT. RISKS REMAIN, FIGHT CONTINUES.

(This is from a National Bulletin of the Communications Division)

Thank you to every member who attended our meeting and demanded answers. Your questions exposed just how reckless and short-sighted Telstra's massive skills offshoring agenda truly is.
In addition to individual representations, we're making on behalf of individual members, we have sought responses on general issues members have raised with us and received a number of responses from Telstra and the JV.
Many of these responses are vague, incomplete and some raise even more red flags.
Below is a summary of where things stand and what the company has failed to address.
Parental Leave Protections: still no guarantee
Members raised clear and legitimate concerns about how workers on parental leave will be treated during this chaotic restructure.
The JV claims:
• Employees on parental leave "have been contacted."
• They may return from leave to start a 'Placement Period'.
• They may bring forward their return date.
• Career transition support will be provided.
  But here's what they didn't do: They refused to confirm they will comply with s.84 of the Fair Work Act - the return-to-work guarantee designed to protect workers on parental leave from exactly this kind of mistreatment.
  This is a disgrace and another example of Telstra ducking basic legal obligations.
  Members on parental leave or expecting to take it are urged to contact their State Branch Official immediately. Do not attempt to navigate this alone.
  Visa Sponsored Employees: vague promises and real, serious risks
  Visa holding members caught up in these changes face potentially life altering consequences if sponsorship is disrupted. The company's response?
• "1:1 support"
• "External migration advice"
• "Monitoring cases"
• "Advance notice"
  In other words: nothing concrete, nothing enforceable, and no real guarantee of protection.
  Given the seriousness of visa impacts, we urge all visa sponsored members to contact their State Branch Official to seek individual representation, immediately. Do not rely on HR's vague assurances.
  Long Service Leave: some clarity, but check everything
  After considerable Union pressure, the JV has now confirmed:
  Pro rata Long Service Leave will be honoured for employees with at least 12 months' service.
  This is a win, but do not assume the numbers are correct.
  Members should review revised redundancy estimates carefully. If anything looks off or if you're just unsure, contact your State Branch Official for assistance.
  Redeployment to Accenture: a labour hire arrangement in disguise?
  The company insists that employees who are "redeployed" into Accenture based roles will:
• Remain employed by the Joint Venture entity (TLSA); and
• Continue to be covered by the Telstra EA (20242027).
  But the work itself? It will be performed under Accenture direction, on Accenture systems, under Accenture control.
  This raises serious and unresolved concerns:
• Who is the real employer in substance?
• What happens to EA coverage after the Agreement's nominal expiry?
• How is this a "joint venture" rather than a sham labour supply model?
• Why is Telstra shifting workers into arrangements where operational control is outsourced?
  We have demanded further explanation. The answers provided so far are entirely unsatisfactory.
  Infosys Employment Offers: weak, non-binding future conditions
  Following persistent Union representations on behalf of members, Telstra now claims Infosys is "prepared" to offer terms in any future EA that are "no less favourable" and that a statement in relation to this would appear in the cover letter of any offer of employment made.
  Following further consultation, Telstra says they believe they will secure the following commitments from Infosys:
• The retention of hours of work, personal leave and retrenchment benefits
• Not applying to terminate the agreement unless they have employee support
  Telstra claims it will be able to confirm as much shortly.
  Let's be clear: On both fronts, this is not a protection. This is not enforceable. This is not good enough.
  Why we say this A line in a cover letter is not a binding industrial instrument and cannot be enforced.
  This is classic Telstra sleight of hand designed to give the illusion of security while offering none in reality.
  We are pushing for real secure outcomes for members caught up in this disgraceful process not aspirational statements that can't be enforced and don't stand up under scrutiny.
  What this all means
  Across every issue we have raised collectively parental leave, visas, redeployment, LSL, Infosys transitions, Telstra has offered as little as possible.
  Their answers confirm what our members already figured out for themselves. This restructure is rushed, poorly thought out, disrespects legal obligations, undermines our nation's skills development and retention capabilities, slashes through job security, and exposes workers to real and serious risk.
  It is designed to grease the wheels of a massive offshoring and outsourcing operation disguised as "modernisation."
  Telstra is hoping workers will accept vague promises and move on.
  We won't.
  We have formally demanded further clarification on each of the above issues and are escalating issues relating to data security, offshoring risks and compliance with our nation's employment and industrial law through appropriate industrial, regulatory and political channels.
  What members should do now
  This situation is complex, high risk and rapidly evolving. You should not be accepting Telstra, the JV or Infosys' assurances on face value and certainly shouldn't be making decisions without proper advice.
  Members should contact their CWU State Branch Official immediately, for individual advice and representation, if directly impacted by:
• Redeployment
• Parental leave
• Visa sponsorship
• Infosys offers
• JV role changes
• Redundancy calculations