CWU T&S WEEKLY BULLETIN NO 2019 /
07 APR 2019
PROOF - TELSTRA ACTION IS HAVING AN IMPACT
Field workforce members engaged in protected action between 7:30am and 8:00am Friday - and that will be repeated again Monday, 8 April. Telstra has desperately pulled out all stops trying to prevent you from engaging in this action while at the same time claiming that you are having no effect. On Wednesday, Telstra's lawyers said that the action was not protected and demanded we withdraw the notice, threatening legal proceedings and the docking of members' wages. We refused. Telstra commenced urgent legal proceedings (similar to an injunction) against us to remove your right to engage in these stoppages and so that they could dock your pay. Telstra's application was dismissed. We won.
An industry publication
(Workplace Express) has described the Telstra application well. It's published report begins:
The FWC has rejected as "pedantic and technical" an attempt by Telstra to block industrial action it claimed was inconsistent with that endorsed by CEPU members.
Telstra is full of spin - but this is hard to deny!
IT'S TIME TO GET BACK TO BARGAINING TELSTRA
There are better ways for Telstra to spend its time, money and resources in bargaining - not in expensive legal fights trying to take away your rights to advance your EBA claims. Despite our insistence to return to the bargaining table - Telstra refuses to meet. They say they don't have time to meet as they are too busy trying to reduce the effects of your industrial action - again despite publicly asserting your action is of no consequence. The message to Telstra cannot be clearer - come back to the bargaining table.
FAKE NEWS - REPORT ANY THREATS
Some members have reported that management are threatening them saying that they are putting their jobs at risk if they continue with the action. They add the FAKE NEWS that no one else is taking industrial action. This is an untrue statement. Yes, we could do better. Ask the non-union staff to join the union, to join with you to get Telstra talking again. If you receive these vailed threats, write them down immediately, ask any witness to write them down, and let us know about it. These threats constitute a breach of the Fair Work Act and attract penalties if proven.
REGULATOR SLAMS AUSTRALIA POST FOR INTENTIONAL COMPO DELAYS
The Safety Rehabilitation and Compensation Commission (SRCC) has today found that Post breached its licensing conditions under the workers' compensation self-insurance scheme. The SRCC statement said:
The SRCC, in its role of regulating self-insurers under the Safety, Rehabilitation and Compensation Act, has imposed new controls on Australia Post following an investigation. A complaint from a former Australia Post employee alleged that individuals in the corporation had delayed decisions on workers' compensation claims to benefit financially from meeting internal performance targets. The SRCC's investigation found evidence of delays in processing claims to meet Lost Time Injury Frequency Rate targets in 2012-13 and 2013-14. The deliberate delays in claims processing breached the corporation's self-insurance licence conditions, specifically:
* compliance with the SRC Act and the SRCC's Performance Standards and Measures; and
* the requirements to manage claims guided by equity, good conscience and the substantial merits of the case.
The SRCC has agreed a regulatory response imposing new conditions on Australia Post's self-insurance licence. The new licence conditions include:
* Comcare conducting targeted reviews of Australia Post's claims files for the next three years to ensure there are no further delays in claims processing or manipulation of reporting.
* Australia Post providing annual written confirmation from the Principal Officer that practices to delay workers' compensation claims or manipulate reporting are not occurring.
The SRCC also directed Australia Post provide redress to any disadvantaged claimants within six months and inform its Board, Minister and employees of the licence breach and steps taken to rectify it.
See SECC Report
See Vic P&T Page
MORE BAD NEWS FOR POST HR
The Magistrates Court imposed a penalty of $4,500 on Post following a finding that Post breached several clauses of the Post EBA. The money is paid to our union. The case was simple. A manager called 2 women into his office without notice, told them that the team leader was upset, that he was not going to listen to their excuses and told them that he was moving them to another job (no loss of pay). The Magistrate found that the manager had denied them the opportunity to have a support person (EBA Clause 42.1.4) and denied them natural justice (EBA Clause 36.5) and denied them other rights (EBA Clause 36.6) - which he described as a fundamental right of workers.
The case involved 5 witnesses (3 workers and 2 managers).
Your EBA is important and contains many protections.
Know your rights and let us know if you believe that they have been breached.
POST BAD NEWS - WHAT THE EBA SAYS
42.1.4 An employee who is a party to the dispute may appoint a representative of their choice, including a union representative, for the purposes of the procedures in this clause.
36.5 In exercising these rights, Australia Post shall not take action which is harsh, unjust or unreasonable.
36.6 Australia Post shall furnish written advice to an employee of a decision under clause 36.1 and of reasons for the decision together with details of the procedures for lodging an application for review.
OPTUS EBA STILL DELAYED
The Optus EBA is still being assessed by the Fair Work Commission. It appears that the FWC is seeking more information from Optus in order to determine if it meets the safety net requirements.
CHANGE THE RULES - ACTU CAMPAIGN
Working people are demanding a return of the fair go: This means fair pay rises and more secure jobs. To achieve this we need to change the rules at work. To Change the Rules, we need to change the government. On Wednesday 10 April rallies will be held across many electorates. In Melbourne a mass rally is taking place and some estimate that 150,000 will attend. Google "Change the Rules" to see if any local action is planned in NSW.
MORE TELSTRA REDUNDANCIES
Telstra has advised that they have
"now briefed teams within Networks & IT (N&IT), InfraCo and Global Business Services (GBS) on some proposed changes that would result in role impacts as we continue to simplify our structure and ways of working under T22. The extent of these proposals will vary by function, but overall they are the result of zero based design work to further simplify how we are structured, remove duplication and make sure we have the right capabilities in the right places for the future. They also reflect a reduction of work in some areas."
There is an extensive list of jobs across Australia.
If you need any assistance please call us at the office. The summary is as follows:
Function Summary - Total Proposed
Nominal Business unit Proposed Proposed Proposed Proposed
No of Group No New Redundancy
Individual Redundancy Positions Net
Redundancies Reductions Reductions
Global Business Services 87 64 151
Networks and IT 207 235 129 313
Telstra InfraCo 106 172 66 212
Total 400 471 195 676
VIP - CONTACTING US - NEW PHONE NUMBER
Please note the following changes as we simplify our phone numbers
0428 942 878
Dan Dwyer Secretary/Lawyer - for industrial matters & advice
0428 942 878
Administrative eg payments, applications, change of details
Authorised by Dan Dwyer Branch Secretary
CWU Telecommunications & Services Branch, Leichhardt, NSW.