VALE PAUL LIGHTFOOT

A memorial will be held in the next week or two. We will advise further.

TZV v LEE NOT A GENUINE REDUNDANCY

The Fair Work Commission has handed down its decision agreeing with our submissions. We argued that the actions of TZV did not meet the statutory definition of a genuine redundancy.
The full decision is here
The matter will now proceed as an Unfair Dismissal and will be heard on 27 April.
To explain the process in simple terms an unfair dismissal claim cannot proceed if the employer can establish that it is a case of a "genuine redundancy". In this case TZV failed to do so.

TZV v LEE NOT A GENUINE REDUNDANCY SOME EXTRACTS

[35]. The Applicant sought meetings with the Respondent to discuss his redeployment with Ms Minogue on 12 June 2025 and subsequently, such requests not being met in a timely manner. In the context of the Applicant's requests for the Respondent to meet and/or comply with the R&R Policy in respect of his requested redeployment, the Respondent led no evidence, which leads me to find that the Respondent failed to comply with a number of the required processes set in the R& R Policy and its Annexure 1 including;
• belatedly advising the Applicant in writing of the commencement of his 3-month redeployment period but failed to provide the Applicant with details of the redeployment process, his rights and obligations;
• failing to assign a case manager;
• failing to undertake an assessment of the Applicant's skills, conduct a review of his CV, agree on job search criteria, determine locations and at what job level or banding the Applicant was willing to work at;
• failing to provide the Applicant with an update on vacancies; and
• failing to provide feedback to the Applicant on why he was unsuccessful in the roles he applied for.

  [40] It follows from the foregoing that the Respondent failed to comply with the consultation obligations imposed on it by clause 46 of the 20121 Agreement. As such the requirements of s389(1)(b) have not been met and as such the Applicant's dismissal cannot have been a genuine redundancy.

TZV UNFAIR DISMISSAL INHERENT REQUIREMENTS OF YOUR JOB

Last week we reported a case relating to the holding of a Police Security Clearance. TZV alleged 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. The FWC has decided the case and we were unsuccessful. We will report more next week. But see extracts below.

TZV UNFAIR DISMISSAL INHERENT REQUIREMENTS OF YOUR JOB SOME EXTRACTS

[66] The absence of any reference in the Employment Agreement to the VicPol Security Clearance requirement, does not however mean that the Respondent is unable to rely on the requirement for the Applicant to possess such a clearance. That requirement is imposed on the Respondent by the administrative arrangements existing between VicPol and the Respondent, and by the VicPol Manual where it deals with the security requirements for service providers.
I have found above that such requirement was an inherent requirement of the Applicant's former role. I accept however, that the opaqueness of the arrangements between VicPol and the Respondent in relation to the security clearance requirements for the Respondent's employees is unsatisfactory; on which I will have more to say further in this decision.

[90] Firstly, the opaqueness of the VicPol Security Clearance process is problematic in my view. Contracts of employment of the Respondent's employees, while referring to the National Police Checks requirements, make no reference to the additional layer of security checks imposed by VicPol on the Respondent and its employees. There is little visibility or knowledge of the requirements or processes involved. It is entirely unclear to me why those additional security requirements are not spelt out clearly in contracts of employment, along with the process of VicPol granting and revoking such security clearances and the potential employment consequences in circumstances where a VicPol Security Clearance is revoked. The present case brings that issue into stark relief. The opaqueness of the additional security requirement and process adds to the harshness of the dismissal decision.

[92] Having regard to the above I am satisfied that the opaqueness of the VicPol Security Clearance process is a matter that weighs in favour of a finding of harshness. Further it is a matter I would strongly encourage the Respondent to address moving forward, both by providing clarity in contracts of employment and through open communication with staff. The other matters raised by the Applicant do not weigh in favour of unfairness.

OPTUS RETAIL EBA

We are about to commence negotiations with Optus for a new EBA. The Current EBA can be read on our web site.
We are seeking your input to assist us in developing a claim. If you have comment or wish to be involved, please contact us by return email.

TPG EBA

Bargaining will soon commence with TPG to find a replacement for the current Agreement. Their notice stated: TPG Telecom Limited (ABN 76 096 304 620) gives notice that it is bargaining in relation to a single-enterprise agreement (TPG Telecom Customer Connect Enterprise Agreement) which is proposed to cover employees that work in customer-service supporting roles in logistics, customer solutions and customer support environments. We will advise further.

AUSTRALIA POST OVERPAYMENTS: KNOW YOUR RIGHTS

Members are reporting that Australia Post has recently begun issuing letters requesting repayment of alleged historical overpayments.
Overpayments are nothing new. Errors occur.
However, your Union is concerned by the significant increase in these claims and is writing to remind members of their rights should they find themselves in a situation where a potential overpayment has occurred.
Your Rights if You Receive an Overpayment Notice
1. Australia Post must provide full details.
You must be issued with a clear, itemised explanation of how the overpayment occurred, the dates involved, and the exact amounts.
2. You must be satisfied the overpayment is genuine.
Do not agree to repay anything until you have verified that the overpayment actually occurred and what is being claimed is accurate.
3. Repayment must be mutually agreed in writing.
If the overpayment is confirmed, repayment must occur. However, you must come to a written and mutually agreed repayment plan before Australia Post can commence its recovery.
Australia Post cannot lawfully make a deduction from your wages without your permission.
If you reasonably doubt the validity of an overpayment claim, you are not required to immediately repay it without having an opportunity to seek advice. Australia Post cannot make deductions from your wages without your explicit written consent.
This is particularly important if the overpayment claim relates to a historical payment and members should not feel pressured to agree to any repayment without being fully satisfied in the validity of the claim.
Your Union is here to protect and uphold your rights and ensure you are treated fairly. We can provide clear advice to members on how to proceed with an overpayment notice.
If you have received an overpayment notice and are unsure how to proceed, or if you simply want more information, please contact your State Branch Official for advice.

TELSTRA CONFIRM REDUNDANCIES

Telstra advised as follows:
On 10 February 2026, we wrote to you to advise of an initial decision regarding the proposed changes to the Data & AI Function. Following a period of consultation, today we have announced a final decision to proceed with this proposal.
In summary these changes will result in:
- Phasing out roles no longer required for mission delivery
- Creating streamlined and co-located teams in India; and
- Leveraging Accenture's established advanced AI expertise
This will mean a net reduction of 209 roles based in Australia.

TELSTRA REDUNDANCY FARCE - TRAIN YOUR REPLACEMENTS FIRST

Telstra has advised staff that they may be required to train their replacements cutely named as "Knowledge Transfer". Given that Telstra may delay the redundancy, it raised the obvious argument that you are not actually redundant until new trained staff are available. The advice to staff stated:

If selected for redundancy, you will likely be required to participate in a period of Knowledge Transfer.
The date that Knowledge Transfer commences will vary depending on type of redundancy (Individual, Voluntary, and Group).
Knowledge Transfer may be to members within your current team or to co-located teams in India.
The duration of Knowledge Transfer will vary depending on the role complexity. Typically, it will be 4 to 14 weeks, though in some circumstances Knowledge Transfer may not be required.
Knowledge Transfer will determine separation dates and will be discussed with you on an individual basis at the time of formal notification of redundancy.

DFS TO ADOPT MYDAY

Telstra has announced a proposed change that will impact how work is managed, scheduled, and allocated across the Digital Fibre Services (DFS) teams within Field Services. Telstra is proposing to adopt MyDay as one of the primary work management platforms for DFS technicians, introducing updated task management procedures in DFS. The briefing suggested little change. Please advise if you have any concerns to be raised. We understand that there is no change to SOD or EOD (where we have a major disagreement with Telstra).

POST CANBERRA EQUIPMENT REMOVAL

Post has advised that it will remove most of the equipment at Canberra Mail Centre, meaning that the 3 technical staff are potentially redundant. Some production staff are also affected. Mail and parcels will be trucked to Sydney for sorting and then returned to Canberra. We are working with members to determine options.

OPTUS - SMH STORY

This item was published about 2 weeks ago. Because of the issues raised, we think it is worth a read.

Sydney Morning Herald: Optus to cut 200 jobs after horror year - David Swan
Australia's second-largest telco is cutting 200 jobs across its business as it attempts to reset following a disastrous year that included a Triple Zero outage linked to two deaths and a $100 million fine for predatory sales practices.
Optus would not confirm a breakdown of roles to be axed but a source familiar with the matter said the figure was about 200, with potential for some of those to be redeployed within the company after a consultation process that began on Tuesday.
Optus is reeling from a bruising 12 months.
An Optus spokeswoman said the company-wide changes included new hires, leadership changes and "role adjustments".
"We are bringing in new expertise where needed, supporting transitions and simplifying areas of the business to drive faster, more effective decision-making," the spokeswoman said.
"We recognise some of the changes will have a significant impact on some of our people and we are committed to approaching this decision with empathy and respect," the spokeswoman said.
The job cuts will face scrutiny given they come at a time when the company has been repeatedly criticised for under-investment and offshoring, which it has promised to dial back.
The union for telecommunications workers, the Communications Workers Union, labelled the cuts an "absolute disgrace."
"At a time when Optus should be rebuilding trust and investing in Australian jobs, they're cutting hundreds of roles. It's an absolute disgrace. How many more disasters will it take for Optus to listen?" assistant secretary James Perkins said.
"Telecommunications is critical national infrastructure. You don't fix systemic failures by reducing the people responsible for keeping the network safe and reliable. Cost-cutting like this does not make the network more robust or secure.
"There's 200 Australian families who have just found out that they may not have a way to put food on the table now, during a time when cost of living is at an all-time high. Optus should be ashamed.
"Despite disaster after disaster, Optus is continuing to hollow out its workforce, and customers are paying the price."
Optus is reeling from a bruising 12 months including a catastrophic Triple Zero outage in September which was linked to two deaths that are under coronial investigation. A review into the incident by corporate and public sector veteran Kerry Schott, released in December, found at least 10 separate mistakes by Optus engineers and contractor Nokia, describing the failures as "inexcusable".
Optus chairman John Arthur said at the time that the board was taking action on individual accountability, "which will extend from financial penalties through to termination in appropriate cases". The board accepted all 21 of the review's recommendations, including moving its operations centre onshore to Australia.
Schott's review stopped short of calling for chief executive Stephen Rue's sacking, noting the former NBN boss had started at Optus in November 2024 and was leading a five-year transformation program.
Singtel, the Singapore-based parent company that wholly owns Optus, cut investment in the Australian mobile network by $237 million last year. Telecommunications analyst Paul Budde warned after the September outage that the failures reflected systemic governance breakdowns rather than isolated technical errors.
Thousands of customers were unable to reach emergency services on Sunday.
Triple Zero system under fire after Optus, Telstra outages
Optus' offshore call centre staff repeatedly failed to escalate warnings from customers about the Triple Zero outage, which was caused in part by errors in Optus' outsourced network management team. The telco has promised to bring that back in house and hire more Australian call centre workers.
It comes as the federal government on Tuesday announced a wholesale review of the laws governing the emergency services network.
"A comprehensive review of Triple Zero legislation and regulationsisa keystep in rebuilding public confidence in the system and ensuring we have the right framework to reduce the risk of a major outage happening again," Communications Minister Anika Wells told a CommsDay summit in Canberra.
"We must do everything in our power to ensure Triple Zero remains reliable, resilient and fit for purpose now and into the future."
A third Senate inquiry hearing on Thursday will examine the deadly Triple Zero outage, with Optus executives along with executives from its parent company Singtel set to be grilled in a hearing led by Greens senator Sarah Hanson-Young.
Optus agreed to pay $100 million in penalties in November after it was sued by the Australian Competition and Consumer Commission for selling products to vulnerable customers they could not afford or use.