Telstra EA. Who is Voting and Who Is Deciding On Your Behalf?

The Victorian T&S branch has been considering the ‘scope’ question for a number of weeks; under the Act, the scope of the EA defines those eligible to vote on an agreement, the question is how individuals who are on expired AWAs and ITEAs became ‘in scope’ to allow them a vote on your EA.

Telstra claims that because employees on AWAs and ITEAs are all on ‘expired’ contracts, then the EA ‘covers’ them, but it doesn’t ‘apply’ to them whilst they are still on those individual contracts. (See section 5.3, page 7 of the EA.)

Thus, thousands of employees who may never transfer to the EA and hundreds of managers, team leaders and high level staff, who are most unlikely to ever transfer to the EA, will be given a vote on your conditions and your agreement.

Keep in mind that those on AWAs, (all of which expired in 2012), and those on ITEAs (all of which expired in 2009) have not exercised their ‘right’ to transfer to the EA, in all those years.

Their vote could be decisive in deciding ‘yes’ or ‘no’ on all your EA conditions.

How unfair is that? In fact, most of the management group that are selling a ‘vote yes’ are still on expired AWAs, and will likely be forever.

A CHALLENGE IN FAIR WORK AUSTRALIA?
Initial legal advice obtained by the Branch indicated that there may be an opportunity to challenge the ‘scope’ of the EA; this is usually done prior to a vote, however there is also an opportunity when the employer attempts to certify the agreement (if it is voted up). This challenge should continue irrespective of the outcome of the ballot.

The matter has been escalated by the Victorian Branch to the Divisional office of the CWU, who we understand is considering applying for ‘scope’ orders, however, this is not yet confirmed.

We also understand that an appointed Bargaining Representative actually commenced the process of seeking a ‘scope’ order last week. It is only ‘Bargaining Representatives’ that can commence this action.

Whatever the outcome of this action, it is absolutely important to ‘VOTE NO’ in the EA ballot (which commences Tuesday 15 September).

AWA STAFF UNDER THREAT?
At the time of writing, we are being told by members, that Telstra Managers are threatening employees on expired AWAs that unless a ‘yes’ vote is returned in the ballot, they will not get a pay rise. How can someone’s individual employment contract be linked to a collective employment agreement that they are not part of?

Apparently Managers are saying that a ‘vote no’ in the ballot will mean that employees on individual contracts (i.e. expired AWAs and ITEAs) will not receive a pay increase.

Surely this amounts to bullying and intimidation?

So at least some managers are conjuring up a situation that pressures AWA/ITEA employees to vote yes for the Telstra EA, thus blackmailing them to accept:

· Forced redeployment and no redundancy pay when your position is declared redundant.

· Forcing all employees on to Telstra’s discredited and shonky performance pay system, so that they can eventually dictate all employees’ pay and conditions without negotiation.

• Reduced pay for emergency duty.

Any other AWA/ITEA members experiencing such threats should contact the union office for advice and potential action to be taken.