Threats of EA Agreement Termination

Given last weeks “investor day” revelations regarding InfraCo – (Google the 27/11/19 Financial Review article by James Fernyhough and have a read) LET’S ADDRESS THE THREATS OF ENTERPRISE AGREEMENT TERMINATION

TERMINATION SCENARIO 1. (Transferred to a subsidiary)

If the Agreement is voted up; and you are identified as having a suitable job offer at InfraCo P/L; the new subsidiary (InfraCo) CAN replace and terminate the transferring instrument (Telstra Enterprise Agreement) at ANY time. If it is terminated or replaced, the 5 conditions on your “letter of offer” remain – BUT THAT IS ALL. A new Agreement can be made with most likely lesser conditions with less bargaining power. Long held hard fought for conditions could be jeopardised.

TERMINATION SCENARIO 2. (Current expired Agreement continues)

If the Agreement is not voted up: You remain on the current expired Telstra Enterprise Agreement. Telstra or an employee may make application to Fair Work Commission to terminate, HOWEVER; IT IS A LONG AND ARDUOUS PROCESS. Under s226 of the FWAct, the Commission may terminate the Agreement if:

It is satisfied that it is not contrary to the public interest to do so, and It is considered appropriate to terminate the Agreement.

In considering whether it is appropriate, the Commission will take into account all the circumstances including:

The views of the employees, each employer, and each union covered by the Agreement
The circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

The application to terminate must be accompanied by any declarations that are required by the FWC Rules, including declarations as to the effect on employees. The Australian Industry Group (AIG) have stated a unilateral decision to terminate an expired EA faces a “high bar”.

SOME FURTHER CONSIDERATIONS:

1. WHO IS IN AND WHO IS OUT OF INFRACO? IT’S A MOVING FEAST
2.WHO IS NEXT AFTER INFRACO?
3. WILL THE GOVERNMENT SELL NBN TO A RELATED TELSTRA CO WHILST COMPETING WITH 5G?

MAKE SURE YOU VOTE, AND VOTE NO
THIS IS YOUR AGREEMENT NOT TELSTRA’S CORPORATE AGENDA

In solidarity,

SUE RILEY, Secretary, CWU (T&S) Vic | 0439 762 455 | sriley@cwu.asn.au
JOHN ELLERY, Industrial Officer, CWU (T&S) Vic | 0419 823 580 |jellery@cwu.asn.au
LEROY LAZARO Secretary, CWU (P&T) Vic | 0422 546 814 | Leroy@cwuvic.asn.au
VAL BUTLER Industrial Officer, CWU (P&T) Vic | 0408 766 444 | vabutler@iinet.net.au

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