Clause 45 – Transfer of Business/Employment
Let’s make it “plain speak” not legal jargon.
Redundancy payout limitation
This contentious clause 45 will allow Telstra a further ability to limit the redundancy payout to individuals. They already have a limited ability under the so-called forced redeployment (clause 48 – Placement Period). If the proposed EBA is supported, Telstra will gain extra limitations on redundancy payouts through cl 45 in the circumstance of a “Transfer of Business” or “Transfer of Employment” so that if you refuse to go across to a subsidiary (even if it is fully owned by Telstra), you essentially sack yourself, with NO retrenchment payment.
Further dangers lurk if you do go across to the subsidiary – the arrangements would be that, for a time, you are protected by the Telstra EBA (the “Transferring Instrument”), but there is NO guarantee that the Telstra EBA conditions you transfer with will continue. They only continue if the transferring instrument (ie the Telstra EBA) is not varied, terminated, or replaced, once you have moved over.
Telstra have provided a double sided “EA Fact sheet” (the one with the confusing flow chart on one side and FAQ’s and definitions on the other), however, the key questions and the answers provided in questions 3 and 4 provide confirmation of this.
Confusion? – there’s plenty of it
There is no doubt the proposed clause brings forward some complicated issues that need close and detailed examination. We believe it is designed to be that way – this is not a plain speak, easily understood clause. EBA’s are meant to be read in plain speak, and understood by the workers who are subject to it. If we wanted a document that relied on legal speak, we wouldn’t have an EBA, we would have a book of law statutes.
The EBA clearly should not be supported, particularly on this issue. The woeful pay offer speaks for itself.
All in all, the proposal is a total dud, and should be forcefully rejected.
TO THIS DISGRACEFUL
and make your workmates fully aware of the concerns that the Unions have with this proposal.