Members would be aware that Telstra has notified that the “YES” vote gained a majority in their EA ballot. The numbers appear to be 28299 “eligible” to vote, 20265 voted, 12053 “YES” leaving approx. 8212 “NO”. This result includes the contentious issue of a number of employees on expired AWAs/ITEAs who were offered a vote.
Last week, one of the employee bargaining representatives who was involved in the EA talks lodged a “scope” order application in the Fair Work Commission to challenge the number of people included in the ballot (employees on AWAs and ITEAs) by Telstra.
We understand that the bargaining representative is arguing that people employed on expired AWAs and ITEAs (individual contracts) should not be entitled to vote on the EA. This is consistent with the claims made in the Vic Branches bulletin (SLD15/117 – 15 September “Who is Voting and Who is Deciding on your Behalf”). The hearing of this case is set for 6th November.
Given the notified outcome of the EA ballot, the next course of action available is to oppose the certification of Telstra’s EA. Telstra is required to go before the Fair Work Commission for certification of the new EA within the next 2 weeks. Despite any issues surrounding the certification, Telstra have already indicated to staff that the monetary payment (ie the first 3%) will be made from 1 October 2015. We also understand that expired AWA/ITEA staff will receive whatever pay rise they are due in accordance with their expired AWA/ITEA from 1 October as well.
Given the November 6th hearing on the validity of the vote, Fair Work will need to make a decision as to whether or not the EA will be certified, following Telstra’s application.
We now urgently request that members provide the CEPU with any evidence they may have, (ie EA briefing meeting notes, emails etc) that was used by Telstra to encourage expired AWA/ITEA staff to vote YES for the agreement, even though it does not apply to them.
Following representations from a number of Branches, including the Victoria Branches (and following requested information from members), the Divisional Office is also considering whether the CEPU is able to challenge this certification.
We will keep members informed, as usual