NBN CASE COMPLETED - DECISION RESERVED

The case was completed with a full day of hearing on Friday. It is expected to be weeks before we receive the decision. Our claim is that NBN field members are to be paid for Start of Day activities, including driving and EOD driving. The activities are currently overtime in our view.
Our submission summarised this as follows:
In short, if the Court is satisfied that an activity:
a. has been required of the employee by NBN, either by express direction, by the nature of the systems of work, or other necessity;
b. is a duty of a kind the employee is obliged to perform in connection with their contract of employment;
c. has actually been performed;
d. was performed outside the ordinary rostered hours of work, contiguously or otherwise, overtime penalties are payable.

NBN SOD AND EOD ISSUE

A surprising issue pressed by NBN was this: NBN field engineers have taken up the option of parking the vehicle at their home, presumably to avoid the need to travel to a depot each morning to begin work. The discussion was that taking the vehicle home was an option and that field staff could start and finish at the depot.
If I understood their argument (and there are others), NBN is saying that as it is an option, they do not have to pay the overtime. If follows that if it is not optional it should be paid work.
It will be interesting to read the decision on this point.

TELSTRA WIDEBAND

Telstra is currently trying to introduce SOD and EOD into areas such as wideband. It means donating 1 hour on most days, free.
A number of members have pointed out that Wideband Work does not fit the prescribed criteria. We set it out below for those living in their work area. Our view is that Wideband staff do not fit the SOD/EOD model and any work done before and after usual hours is overtime.
We are still researching this and need feedback from more members.

ANALYSIS OF SOD/EOD - TELSTRA

The Log On arrangements under Section 11 of the EA are applied in circumstances where the qualifying factors for this provision are met. The qualifying factors are - (Example: Live in work area First job on day - Every box must be ticked)

54.1. These procedures apply where an employee receives their first job of the day by logging on to an automated dispatch terminal, where one is provided, or by other means, e.g. telephone/electronic. The procedures in this clause do not apply to an employee who receives their first job of the day the previous evening.
• Field based
• In Customer Field Workstream
• Have a Company vehicle
• Have a Commuter Use Agreement
• Only relates to customers (Comment: not Telstra)
• Required to commence at customers premises
• Required to cease at customers premises
• Have a Work area
• Live in Work area
• Receives job on the day
• Must be first job (Comment: not ongoing)
• By logging on dispatch terminal or other
  Then also
• Log on (Comment: only log on)
• No later than 30m before onsite start time
• (after that) Commence travel
• To their first job (Comment: must be first Job)
• Without unnecessary delay
  Rules
• Where travel is <30m onsite by start time
• 30m "log on" and "travel time" is not paid work (Comment: any other work is paid work)

TZV SUPPORT EBA

This week we concluded another full day of negotiations. TZV are claiming that theya are limited by Government instructions and have little room to move. The big issues at the moment are wages and structure. The current positions are set out below. We have not agreed to the wages offer and we are still to hear more on the structure.
There are other issues which need to be confirmed and we will seek your views.

TZV SUPPORT EBA WAGES POSITION

The current position is as follows: