OVERTIME (TELSTRA EBA CLAUSE 20 – ADDITIONAL HOURS)
Recent pressure on Telstra field staff regarding overtime requirements continue to paint the picture of a significantly under staffed field workforce. The mass redundancies (and use of the sub-contractor model through ISGM and its predecessors) of the last few years has resulted in a field staff shortage of significant proportions.
Telstra originally thought they might have had an easy plan to reduce its own field workforce when the “fibre to the premises” (FTTP) NBN Co arrangements were instigated (ie the conversion of the CAN from copper to fibre). Political decisions over the years since have now found Telstra “caught short” with a requirement to somehow keep the copper CAN “alive” with reduced number of field staff.
Management’s solution? Pressure the field staff into what could only be described as forced overtime.
What does the current Telstra EBA say about “additional hours” (otherwise known as overtime)?
1) Clause 20.1 (a) says: Telstra MAY (ie; not “will”) require you to work REASONABLE additional hours.
2) Clause 20.1 (b) says: IF Telstra asks you to work additional hours, you may refuse to work them if: the request is UNREASONABLE, or your refusal is REASONABLE.
The key words are “reasonable” or “unreasonable”, and the EBA goes on to note some matters which could be seen as guidance about “reasonable”. It is important to note that the EBA (or for that matter the Fair Work Act) does not mention anything about the “amount” of overtime. There is no mention of a “reasonable amount of overtime”).
The Telstra EBA indicates in 20.1 (c) that:
“Matters to be taken into account when considering what’s reasonable include:
i. The nature of the work performed by the employee;
ii. Telstra’s business requirements;
iii. Any risk to the health and safety of the employee;
iv. The employee’s personal circumstances, including any family or carer responsibilities; and
v. How much notice the employee is given of the additional hours.
The Fair Work Ombudsman in a published Fact Sheet (Maximum Weekly Hours) also provides some guidance on the factors determining “reasonable or unreasonable” additional hours.
So, the key issue for Telstra field staff is to ascertain what their own circumstances are when asked whether they would like to work additional hours (or not). In some instances, it may be that you are happy with working additional hours, and in other instances, it clearly may not be suitable, (ie the request at that point in time is unreasonable). Each potential “additional hours” circumstance needs to be treated on its merits, and the “reasonableness” of the request needs consideration. In some instances, it may be that no overtime is reasonable, provided there is a justification for that refusal.
Members should also consider that they have enjoyed the hard won 36 ¾ hour week for over 40 years, and the very reason for that shorter working hour’s arrangement was to achieve what we now know as “work/life/family balance”. This breakthrough working hours decision for Telecommunications workers in 1975 has always been under threat from many employers who wish to return to the days of excessive working hours at a low pay rate.