Special Bulletin Telstra EA

Over the last few days, considerable concern has been raised by Members about the Telstra EA variation (ie. the current 2015-2018 Telstra EA).

Here is some background and current status on the issue:

The conservative right wing Coalition government, in its PR war on the building unions, devised a political strategy to insert so called “building code” clauses into a number of EBA’s, interfering in both the bargaining process for parties renewing EBA’s and now also for existing EBA’s. This has been occurring since 2016, to much cynicism. The “building code” clauses are nothing more than right wing ideology designed to weaken the Union’s ability to represent members, and have their genesis in the WorkChoices legislation that saw the Howard government swept from office.  The ideological driven Trade Union Royal Commission stunt pulled by the Abbott government some years ago also was part of this ongoing attack on Unions.

Some weeks ago, the “building code” issue surfaced in Telstra, and although we have been aware of some of the “nasties” of this code from 2016 for other employers, the Telstra EA had been negotiated prior to the “building code” requirements.

With the NBN taking up the role of a telco network, and Telstra’s apparent retreat from this area, Telstra’s business model is now moving from a phone/data/IP network to be a contracting/facilities management company in the Telecommunications Industry, (similar to a Visionstream and other like companies) Claims were made that Telstra were destined to miss out on contracts related to Australian government work. This apparently included contesting for contracted NBN work, mobile blackspots work, and also Defence work.

About 2 weeks ago it became apparent that Telstra was moving to vary the Telstra EA, in order to include most of the contentious clauses of the discredited “Building Code” into the current Telstra Agreement. Initial advice was given to officials from our Divisional Office approximately 2-3 weeks ago. The hasty nature of the Telstra EA variation process left many members asking “why”, and the fast moving nature of changes to the building code requirements via a very recent amendment (by Michaelia Cash – Government Employment Minister) on Tuesday 22^nd August have added further questions.

A number of the building unions have been opposing the Building Code since 2016, and a number of disputes have arisen about the various building code clauses. As a result, there has been high level lobbying of Members of Parliament, and an “Exemption” amendment took effect on the 22 August. The “exemption” allows employers in the essential services (eg power, water, natural gas, waste water and telecommunications) to apply for an exemption from the building code clauses. If an exemption is applied for, it must be granted by the ABC Commissioner (ABCC is the Australian Building & Construction Commission) This is where we are currently at, and the exemption, as we understand, has been applied for by Telstra.

As it now stands, Telstra have suspended the EA variation ballot (this was announced yesterday to staff), apparently pending formal notification that the exemption has been granted. We eagerly await that formal advice.

For further information contact the undersigned: