TZV SUPPORT EBA

We met again this week to progress the negotiations. We reached the point where we could not support parts of the new structural provisions. However, we may have found an alternative approach which we can support. Negotiations will continue with a full day meeting this Wednesday.

RDO ON A PUBLIC HOLIDAY

We have several report on this matter. The issue arises when a Public Holiday coincides with an RDO. It has always been a shift entitlement but is now occurring more often with flexibility arrangements. Employers are saying that it is not to be paid.
We firmly believe that you should be paid for the day or given an equivalent time off. The Telstra EBA Clause is below as an example.
We ask members to advise of your experience. Please advise of the reason for the RDO (eg shift worker, Flex arrangement), your employer and your phone number. Replies will be kept confidential.

RDO ON A PUBLIC HOLIDAY TELSTRA EXAMPLE CLAUSE

a) If you work full-time under one of the following arrangements:
i) a scheduled hours arrangement;
ii) a shiftwork arrangement;
iii) the Flexible Working Hours Scheme; or
iv) a 9-day fortnight; and
a public holiday falls on a day when you could have been scheduled to work ordinary hours but were not scheduled to work, you will receive either:
v) an additional day's pay, or
vi) a day off in lieu to be taken within 4 weeks of the public holiday.
b) If this day off in lieu is not possible, we will pay you an additional day's pay.
c) If you ordinarily work between Monday and Friday only, public holidays that fall on Saturdays or Sundays are excluded.

ZERO TOLERANCE DRUG AND ALCOHOL POLICIES

A number of employers adopt the zero-tolerance policy for OHS reasons. Effectively, you cannot drive or even attend work unless your blood alcohol (and drug) result is zero.
Recent issues have highlighted the situation when you are on call and/or subject to recall. It appears that if you are on call, then you cannot drive to work or even attend work unless your level is zero. So while you are obliged to respond to a call (with no consequences) then you can refuse to attend unless you are sure that you are at a zero level.
And if you are not "on call" and your employer seeks to recall you for emergency duty, you have no choice but to reject the invitation if you are not certain that you are at a zero level.