NBN NEXT STEPS
While we may have resolved most contracts, issues are likely to arise from application of the EBA. We will take these up.
For the moment our advice is this: record all hours worked, including start and finish times, travel times, computer log in after hours, phone calls made and received.
Please let me know of any incidents where you believe that you have been underpaid.
UPDATE 19 MAY 2024
Our T&S Branch held a meeting with NBN this week to consolidate all the issues arising from the issue of new common law contracts.
A number of amendments have been achieved since we threatened taking the matter to the Fair Work Commission.
Importantly, the rise in union membership has given you bargaining power.
We believe that most of the contract matters can be resolved in direct negotiations.
However there are issues which arise from their interpretation of the Award and Enterprise Agreement (EBA). We agreed to disagree with NBN on the EBA matters.
These can be seen below.
Any member with concerns about a contract already signed or unsigned should call me directly.
The items where we have reserved our position:
Item 2 EA Coverage
Item 3 EA date of effect
Item 4 Band 3 classification
Item 15 Top up Policy
The items still in dispute and needing resolution are:
Item 12 SOD/EOD
Item 13 Button Compliance
Item 14 "Scheduled" work
9 MAY - POSITION PAPER AS AT 9 MAY
We refer to the various discussions and exchanges re the new contracts for Field Engineers. We are writing on behalf of members who have signed or have not signed new Common Law Contracts (CLCs).
We seek here to consolidate the matters and to set out your position in response. These issues are attached.
There are basically three groups of issues here.
First is the wording of the Common Law Contracts. We note that NBN has amended its position in some areas and we are closer to resolving the position. The items in this group are set out below. The items are:
Item 4 Band 3 classification
Item 5 Shiftwork
Item 6 Shiftwork
Item 7 Medical Reports
Item 8 Working Hours 7-3pm
Item 9 Flexibility
Item 10 Surveillance
Item 11 Non applicable clauses
Secondly, there is the interpretation of the EBA. This issue is separate to the CLCs and can a be dealt with later. We have significant disagreements. The items are:
Item 2 EA Coverage
Item 3 EA date of effect
Item 4 Band 3 classification
Item 12 SOD/EOD
Item 13 Button Compliance
Item 14 "Scheduled" work
Thirdly, there are policy matters not covered by the CLC or EA. These items are:
Item 1 Redundancy
Item 15 Top up Policy
At Item 16 we summarize the clauses where we seek the amending words.
Given the number of issues, we seek a meeting to discuss the above.
NBN ISSUES PAPER
1. Redundancy:
NBN response is that there will be no forced redundancies and no deadline to respond to the offer of new Common Law Contracts.
2. EA Coverage:
NBN response. The Field Engineers were not initially covered by EA but the work evolved and this brought them within coverage of the EBA.
3. EA Date of Effect:
NBN response sought.
4. Band 3
NBN response sought.
5. Shiftwork:
We understand that we may be in agreement on this matter but the NBN response is sought.
6. Shiftwork:
We understand that we may be in agreement on this matter but the NBN response is sought.
7. Medical reports:
NBN has agreed to amended wording which only allows reasonable access to medical reports.
8. Working hours:
NBN response: NBN have agreed to hours commencing between 7am and 9am. We still seek only 7am to 3pm unless otherwise agreed. This is an important issue to be resolved. We also seek the words that implement the variation.
9. Flexibility Clause:
NBN to respond.
10. Surveillance:
NBN to respond.
11. Non applicable clauses:
NBN to respond.
12. EA SOD/EOD unpaid work.
Unresolved
13. EA Button Compliance
Unresolved
14. EA "Scheduled" Work -
Unresolved. NBN state it is to be paid as a 30% loading - the same as shiftwork.
15. Top-up payments.
NBN to respond.
16. Summary:
CWU T&S Branch 9 May 2024
5 MAY - NBN FIELD ENGINEERS - NBN DETAILED RESPONSE
This is the written response from nbn to the union dated 2 May 2024:.
Commencement of bargaining
Firstly, I confirm nbn will commence bargaining earlier and, as outlined, we anticipate the following timing:
Response
I have attached:
Query/or Request
nbn Response / Statement as requested
Please confirm that employee will not be retrenched because of the changes in arrangements.
Please remove or change the wording of Clause 6 of the contract regarding "Health Information".
[Query 12 from Dan Dwyer]
Query about the ability to direct employees to work, at any time, between 7am to 7pm.
There have been multiple queries regarding shift workers / day workers.
Queries 2, 3, 4 & 5 from Dan Dwyer]
Does Clause 18 regarding surveillance provide unfettered rights to record employees?
[Query 13 from Dan Dwyer]
Start of Day and End of Day (SOD and EOD)
[Queries 6 & 7 from Dan Dwyer]
Does Clause 1.7 relating to Pre-employment test apply to FEs?
[Query 9 from Dan Dwyer]
Why is the on-call allowance being removed from the contract?
[Query 14 from Dan Dwyer]
Why does nbn require rights to conduct background checks (Clause 1.9)
[Queries 10 & 11 from Dan Dwyer]
Why are nbn offering a "Top Up" Payment?
[Query 15 from Dan Dwyer]
Are the employees covered by the EA?
[Queries 1, 16, 17, 18 & 20 from Dan Dwyer]
What is the reason for the timing of the response?
[Query 19 from Dan Dwyer]
5 MAY - NBN FIELD ENGINEERS - NBN RSPONSE
We met with NBN last week and received some explanations in written form. Unfortunately some large questions are unresolved. We have not reached an agreement.
5 MAY - NBN FIELD ENGINEERS - WAY AHEAD
There are two pathways to follow.
2 MAY 2024: NBN HOOK-UP WITH OUR LAWYER - FIELD ENGINEERS
We have a meeting with NBN on Wednesday. You are invited to a Branch Zoom meeting to discuss the NBN proposals to change employment contracts. THURSDAY - 2 MAY AT 4.30PM. See email for details.
28 MAY - NBN FIELD ENGINEERS
We started with demands from NBN. NBN threatened redundancy if you didn't sign a new employment contract, agreeing to, among other things, shiftwork and unpaid work.
28 MAY - NBN POLICIES
Policies are not included in the Employment Contracts. But they are called into it. They cannot conflict with the contract, the EBA, the Award and other laws. We continue to challenge any policy that requires you to work without pay, or in contravention of the EBA. We have yet to be convinced that the EBA covers Field Engineers, and when. Clarification on this matter may raise other issues. The issues include SOD/EOD, Button compliance, scheduled night work and flexibility.
24 APR - BRANCH HOOK-UP
As we predicted, new contracts have been issued and (as we demanded) the deadlines are now soft deadline.
To discuss the developments, we will have a meeting of members at:
4.30PM WEDNESDAY 24 APRIL
22 APR 24 - NBN MEETING WITH STAFF
We have received some disturbing reports of a meeting by NBN with staff today.
22 APR 24 - MEETING WITH NBN
Later on Sunday evening (after out email below) we received an offer to meet on Monday at 9am.
We attended the meeting and our list of issues became the agenda.
Our primary goal was the get an extension of time so that matters could be negotiated and clarified.
Some notes:
Shiftwork: NBN said: If you do not want to work shiftwork, you don't have to.
Opt out of Shiftwork: NBN agreed that staff could have a clause in the contract to say that at any time they could opt out of shiftwork. (Good news)
Scheduled Night Work. NBN says this means night work with a 30% shift penalty. (This is not shift work so must be seen as a special arrangement.) NBN say that non shift workers can be rostered to do Scheduled Night Work at 30%. (We disagree on this) NBN to explain how the EBA works to allow this.
[More to come]
EMAIL TO NBN SUNDAY EVENING - 22 APR 2024
On Sunday night I sent this email to Keven and others in HR.
ISSUES
21 APR- NBN FIELD ENGINEERS - OVERVIEW
We held a meeting of members last Thursday and it is clear that many staff do not want to sign on for shiftwork, and that many do not understand some of the clauses, nor the changes that will flow from signing a new contract. All seemed to want more time to investigate and consider the changes.
21 APR - NBN FIELD ENGINEERS - WHAT TO DO
Given our proposed action, you could hold off signing until the dispute proceedings are resolved, and/or an extension of time is agreed by NBN.
21 APR - NBN FIELD ENGINEERS
This week NBN declared that consultation has finished and they offered a new employment contract for Field Engineers. Some of the key changes from the existing employments are:
NBN MEMBERS NOTE
Our Branch has historically represented technicians in the Communications sector and employs very experienced staff.
We have Sue Riley (ex Telstra), John Ellery (ex Telstra Senior Tech, Dan Dwyer (ex OTC Senior Tech and practicing lawyer).
NBN RESPONSE TO ISSUES - 12 APR 24
EA Proposal
NBN RESPONSE TO ISSUES - 5 APR 24
Key items to consider until 11 April 2024
The key outstanding issues that will be the focus of the extended consultation period are:
Whilst we have responded to these concerns and provided information to our employees, we understand that these continue to be areas to clarify.
Other considerations
nbn has consulted with its employees on other considerations. This has occurred through:
We will continue to respond to this feedback during the extended consultation period.
Please continue to send queries through as you receive them.
We look forward to future discussions with you
Maria Romeo
[Our Item 4]
Button compliance
QQ The concern is that this was being used as a mechanism to not pay employees.
AA Time recording (like button compliance) ensures accurate payment to employees as well as the required recording of hours worked.
[Our Item 6]
TOIL Day for Public Holiday
QQ The feedback is employees won't get TOIL as well as the current on-call allowance.
AA We have confirmed with employees that the EA on-call provisions are proposed to replace the former on-call allowance and guidelines. We regard it appropriate not to provide employees TOIL as employees will get the standby rate plus public holiday rates for any call out received.
[Our Item 7]
Lunch break now added
QQ The concern is that employees won't be able to take the lunch break when convenient.
AA As outlined, employees are expected to take a break (lunch or otherwise) and this process doesn't change that.
[Our Item 10]
Redundant positions
QQ Have employees been notified their roles are redundant?
AA No. We have confirmed the evolution of the FE role and the future intention of changes to conditions.We have not notified anyone, on an individual basis, that their role is redundant during this consultation process.
[Our Item 11]
Redundancy entitlement
QQ What are the redundancy conditions?
AA In the unlikely event an employee becomes entitled to a redundancy payment, the entitlement is as per the nbn EA.
[Our Item 12]
Legitimate reasons to refuse shiftwork eg medical, family
QQ Concern employees won't be able to refuse for these reasons.
AA Managers will work with individuals on any medical or family reasons as to why they are not suitable or available for any after-hours work. This operates the same for any employee at nbn who requires flexibility. The desire is to have enough volunteers willing to do the work.
[Our Item 13]
On Call hours
QQ Why is it rostered for 14 hours?
AA Because nbn has other coverage from 7am to 5pm through different rostering arrangements Mon-Fri. For weekends it's 24 hrs.
We sought clarification that no staff will be made redundant.
We seek clarification of the coverage by the enterprise agreement (EA). Our Branch notes the position of NBN and reserves its position.
We seek the date at which the EA began covering Field Engineers.
NBN has determined that Field Engineers are classified in the CLC as EA Level 3. We seek the existing and proposed Job Descriptions for Field Engineers. We reserve our position.
NBN has agreed that staff can remain as day workers and not be required to do shiftwork. We seek the words that are to be added or amended in the Common Law Contract.
NBN has agreed that staff can opt out of shift work at any time. We seek the words that are to be added or amended in the Common Law Contract.
We sought changes to Clause 6 of the CLA.
We seek that staff currently working 7am to 3pm remain on those hours, unless alternative hours or patterns are mutually agreed.
We have concerns with the sweeping nature of the clause and the perception that it can override other clauses. The clause needs specific consultation and consideration of certain criteria eg Family considerations.
NBN has clarified the telephone surveillance matter (Clause 18). We seek a copy of the words that are to be added or amended in the Common Law Agreement (CLA).
Clauses 1.5, 1.7, and Probationary Period. We seek a copy of the words that are to be added or amended in the Common Law Agreement (CLA).
We do not agree.
unpaid work. We do not agree.
while NBN can require day staff to work at nights, it is to be paid as overtime.
We seek all staff be subject to the Policy.
We seek confirmation that staff can seek amendments to their CLA (even if they have already signed) and include the amended words in the following matters:
Schedule 1 Right to continue as day worker.
Schedule 1 Right to opt out of shiftwork.
Schedule 1 Probation
Clause 1.7 Pre-employment test
Clause 1.9 Enterprise Agreement
Clause 6 Medical reports
Clause 18 Surveillance
1. confirmation of our responses as requested; and
2. the Business Rules which support the responses and consistent messaging.
The union have received this material, however, we are happy to resend the communications to employees if this would further assist.
I am available, as always, to help FEs understand this process and respond further. I am happy to assist and feel free to contact me to do so.
nbn confirms there will be no forced retrenchments arising from the changes to the Field Engineer working arrangements. Notwithstanding, nbn will consider any individual Field Engineer's preference for a retrenchment considering the change.
nbn has outlined this to employees and leaders. The intention is to work with employees on their preferences and to understand their concerns. There is no set deadline for this, however, we anticipate having a response by the end of next week. This will ensure we can administer the EA pay increase of 3.6% effective from the first pay period in July 2024.
nbn confirms it will replace Clause 6 with:
Where reasonable grounds exist to deem it necessary to furnish particulars and /or medical evidence in order to affirm your continuing fitness for work, NBN Co may require you to produce a medical report or attend a medical examination at NBN Co's expense.
Please send a list of employees for us to update their contract.
FEs commence work between 7am to 9am. This enables operational overage before employees commence on-call. There is no foreseeable intention to change this position or operational requirement to do so.
However, there are times where customer requirements or training requirements differ, and employees start after 9am. In this circumstance, nbn requires the ability to roster employees as appropriate. nbn would be required to do so with sufficient notice as per the EA.
nbn confirms its undertaking to consult with employees if it were ever to change start times (i.e. consistent start times after 9am and before 11am).
We have provided clarity on a `day worker' and a `shift worker' at nbn. We have also confirmed the ability for employees to elect preferences regarding shift work.
nbn confirms it is required to notify employees that they may be under surveillance. It is important to note nbn does not record all FE telephone conversations. As drafted in the contract, nbn records calls within the contact centre or network operations only. These teams deal with customers and / or retail service providers. If recorded, the employee is notified of this.
The 30 - minute SOD and EOD is in recognition of different commute times, across all FEs, who service both Metro and Regional Areas. The application is intended to be more generous and pay for part of the FEs' commute. This occurs rather than work time (or payment thereof) commencing when an employee arrives at their first work site.
"Button compliance" or time recording ensures we can administer this properly.
nbn has confirmed this does not apply to current employees.
nbn has confirmed the `on-call allowance' provisions of the EA will apply instead as it more accurately identifies and compensates for not just the time on standby but also for actual call outs.
Background checks are standard operating procedure related to employees' suitability for employment. nbn has confirmed this is a requirement of our customers i.e. to attend secure sites.
All FEs are being offered the "Top Up" Payment. This transitional provision has been offered to employees as, during consultation, FEs expressed concerns that they will be "worse off" because of the on-call change. nbn don't believe that employees will be worse off. However, nbn considers the Top Up will address these concerns.
We have shared the provisions of the Top Up Payment with the Union.
nbn has confirmed the FE role has evolved and will continue to do so.
This evolution involves a shift in duties from a primarily quality and acceptance role to one which focuses more on operating and maintaining an active network. The way this work is performed has also changed (i.e. an increase in work at night due to operating an active network).
The evolved role is classified as Band 3 based on Award alignment and the operation of the EA.
Given this, the EA is fit for purpose operationally given the coverage of other Field based employees.
The timelines provided were built around nbn securing additional project work for nbn's internal workforce and to ensure employees received the pay increase applied within the EA from the first pay period in July 2024.
As outlined, it is anticipated that HFC modernisation will commence in July 2024. This continues to evolve the role, both in terms of duties required of the FEs and the time of day this work is required to be performed.
NBN says it is prepared to start discussing in July/August, amendments to the current EBA which would come into force in May 2025.
Our Branch believes that a separate EBA is needed and that discussions start immediately. We set out the response above.
First there are "global" issues - those affecting everyone. These include: Button compliance, SOD/EOD and Scheduled work.
Secondly there are the issues of individual contracts.
The first issue was discussed on the Branch Thursday hookup. Keep records. On the second issue, T&S Branch members should contact me directly to discuss the situation. You will note that NBN is prepared to amend some contracts even if you have already signed.
Members reacted. This Branch threatened Fair Work involvement if the deadlines were not extended and consultation agreed.
We achieved that. We met and put 20 issues to NBN. See previous bulletins and
the special FE Web Page
The deadlines are now soft. New contracts are now available. Even those who signed, will have the contract varied according to an email from NBN. You can refuse shiftwork. You can have a clause to opt out of shiftwork at any time.
Consultation has not finished. NBN agreed to a further meeting with us, and to respond in writing to several significant matters. We reminded NBN of that agreement. We are meeting on this Wednesday morning with NBN.
The dispute is not over. Matters not in the contract need resolution.
When a matter of significance occurs between Bulletins, we will update
the special FE Web Page
via Zoom.
We will use the same link as last time.
The NBN comments at the meeting appear to contradict what we report. We invite your reports of the meeting, with quotes, as best as you can. We will not use your name if we use the quotes.
We will report further on the discussions. (T&S Branch members already have a more detailed report)
For the reasons set out below, we have a qualified extension of time, although it will probably be extended as NBN said that they would amend the contracts.
As I result we decided not to file the Fair Work application at this time. We will review our position after the next meeting.
As I did most of the talking, my notes are brief.
Proposed that staff simply email a response that you do not want to do shiftwork. NBN will issue a new contract without shiftwork. NBN: You have 7 days to respond. You can have 14 days if you wish. (That was positive).
We refer to the dispute over the new employment contracts for Field Engineers.
The T&S Branch represents a number of Field Engineers who have grave concerns about the proposal to issue new employment contracts to them.
We have not been able to get any reasonable discussion of the problems. A list of issues is set out below.
More importantly, the only response to those who do not agree to sign a new contract (which is seen as significantly inferior to the existing contract) is that they will be redundant and consequentially redeployed on terms unknown.
Given the short time frame imposed by NBN re the return of the offered contracts, and the seriousness of the issue, we make the following demands:
1. That the time to return contracts be extended by at least 2 weeks
2. That NBN meet (preferably in person) to discuss the outstanding issues an provide explanations for the staff to consider.
3. That NBN provide this undertaking by close of business Monday 22 April 2024.
If NBN is unable to agree to the above, this Branch will take whatever measures are necessary, including a possible immediate referral to the Fair Work Commission.
Note that I am not sure of the position of the other Branches of CWU as this matter is moving quickly.
We look forward to your response.
1. Mechanism used to bring FEs into EBA when previously excluded?
2. Definition of Shift Roster?
3. What EBA Clause prescribes a "shift Roster?"
4. What is shiftwork in NBN view?
5. Extension of definition of shiftwork to cover day work.
6. Authority require staff to work 30 minutes at SOD and EOD without pay.
7. Authority to require Button Compliance without pay.
8. Flexibility in Clause 1.4
9. Clause 1.7.
10. Clause 1.9
11. Unfettered rights to conduct background tests.
12. Unfettered rights to conduct medical tests.
13. Unfettered rights to conduct surveillance.
14. On call allowance being removed.
15. Why are some staff being offered a top up?
16. Same wok with significantly different salaries?
17. Classifications
18. What is the basis for redundancy?
19. What is the reason for urgent responses?
20. Separate EBA for FEs
We have written to the Manager seeking an extension of time of at least 2 weeks so that you have sufficient time to consider the offer.
We have also sought a meeting to discuss the various controversial issues.
Given the short time that NBN has imposed on the process we have sought a positive response by close of business Monday. (To see progress, watch this web page)
We also advised NBN that without an agreement to an extension of time, we expect to file a dispute in the Fair Work Commission asking the Commission to deal with the dispute.
We have given our T&S Branch members more specific advice and options by email.
- Now covered by the Enterprise Agreement (EBA)
- Cessation of the On Call allowances
- Your agreement to work any shift work
NBN gave about 7 days to respond. Else NBN is raising redundancy and possible redeployment as a response.
We repeat our advice: There is no obligation on you to sign into a new employment contract.
To join us and your colleagues with this exercise, join our Branch. Go to the Home page for details.
--- Consultation Feedback
--- New proposed position and / or additional response
Travel time
--- Consultation Feedback
--- New proposed position and / or additional response
On-call
--- Consultation Feedback
--- New proposed position and / or additional response
Rosters
--- Consultation Feedback
--- New proposed position and / or additional response
1 What will rostering look like for employees and are they shift workers?
2 What is the impact of the change in the on-call arrangement?
3 How will travel time operate and the fairness of the application?
4 How are employees classified and covered by the nbn EA?
- Consultation Feedback Form, "Ask me anything" sessions, 1:1s and consultation materials.
- We have responded to all feedback provided through the dedicated consultation form.
Executive Manager Employee Relations People & Culture
NBN has not responded to all items. See our list further below.
- numbered for convenience.
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