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CWU T&S WEEKLY BULLETIN NO 2019 / 22
23 JUNE 2019

UNION ELECTION - LAST REMINDER
The postal ballot closes on Monday 1 July at 10am. As ordinary mail may take up to 4 days, you should act now and vote as soon as possible. The results may be known by Tuesday 2 July.

3 TELSTRA EBA MEETINGS IN 8 WEEKS NOT ACCEPTABLE
It would appear that there is no real wish by Telstra Management to satisfactorily conclude the Telstra EBA talks. Following the last meeting where it was made clear from the start by Darren Fewster that the Telstra negotiators were not in a position to respond to the SBU's "rock bottom line" pay proposal, (supposedly until the Board had met to "approve" the Telstra pay offer - whatever that looks like), we now find that a programmed EBA meeting has been called off for next Wednesday June 26 at 10 am and is now programmed for Thursday July 4 at 10 am.
There is no pressure or leverage on Telstra, as the protected industrial bans have been suspended. We need an urgent re-think on our strategy on securing a decent pay outcome.

TELSTRA EBA HOOK-UPS
Next Meeting Wednesday 26 June 7.15pm to 8.00pm. The meeting is hosted by John Ellery who is a member of the negotiating Committee. There are several ways to join our EBA hook-up. We are using ZOOM to keep out the idiots who disrupted earlier meetings. You can prepare by downloading the free "ZOOM" cloud meetings app from you App Store to your phone or computer. The options are:

Simply dial in: 02 8015 2088 and enter the Meeting ID 833994733# (no password, enter #)
Use your phone app: and enter the Meeting ID 833994733 (no password)
Click this link: https://zoom.us/j/833994733 and enter the Meeting ID 833994733 (no password)

COURT ACTION AGAINST POST
We have filed and served a complaint on Post alleging that the Technical Manager at SPF has breached the EBA on 2 occasions by not allowing a member to have a support person. The matter is filed in the Court in Melbourne.
A breach of the EBA can attract penalties - the maximum being $64,000. Post is required to file a Defence and the matter will then be listed for a directions hearing. Interestingly, we were successful several months ago. We set out below the reports from Bulletin 11.

MORE BAD NEWS FOR POST HR
The Court imposed a penalty of $4,500 on Post following a finding that Post breached 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 Court 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) - which he described as a fundamental right of workers. 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.

TELSTRA REDUNDANCIES - PROBLEM WITH NEW JOBS OUTSIDE REFERRED TO FWC
We notified the FWC of a dispute following a refusal by Telstra to change their policy. This matter was listed for mention on Friday 21 June: Telstra has argued that FWC have no jurisdiction to hear the matter.
The matter is now listed for a hearing and Telstra is required to file its arguments within 2 weeks. We will then reply.

TELSTRA REDUNDANCIES - PROBLEM WITH NEW JOBS OUTSIDE
We reported 2 weeks ago: Once retrenched, many members have sought jobs in the industry with private firms. However we have a problem with the Telstra policy. You may need approval from Telstra if your new employer has a contract to do Telstra work. One retrenched member got a new job with a new employer - but Telstra refused to approve the employee to work on Telstra premises or plant. The new employer terminated him because it did not have other work.
The Telstra policy is in Bulletin 20. As we have many retrenchments now, with Telstra outsourcing work, this is a major concern.

HEY TEAM - GREAT NEWS DOOMED
Remember the great news in the last bulletin: Hey team, As you may have heard over the last few months, we're going to be transitioning to a new uniform! You need to purchase these as well if you don't already have them. This will be strictly enforced once introduced. You will be sent home unpaid if you turn up in the wrong uniform.
(See Bulletin 21 for full email). Telstra appears to be backing away from the great news. We maintain our position. Don't buy the uniform. Contact us if you are asked to do so. And it is probably not tax deductable.

HEY TEAM - BETTER NEWS
Hi team, I would like to formally rescind this email (extracted above and set out in Bulletin 21). We will no longer be moving to our new uniform for June 30. .We will also not be sending you home unpaid if your uniform is not correct.

REDUNDANT AFTER TRANSFER OF BUSINESS
We have assisted a member in a Telstra shop franchise who was made redundant. He was not offered recognition of prior service with his former employer, after the new franchise acquired the old employer. As he had about 1 year of service with his new employer and 7 years with his old employer, it made a big difference. The member has now received his full Long Service Leave. On transfer of business it is important to clarify recognition of prior service for sick leave, annual leave, LSL and redundancy purposes.


VIP - CONTACTING US - NEW PHONE NUMBER
Please note the following changes as we simplify our phone numbers
0428 942 878 dan.dwyer@cwunion.net Dan Dwyer Secretary/Lawyer - for industrial matters & advice
0428 942 878 reception@cwunion.net Administrative eg payments, applications, change of details

Authorised by Dan Dwyer Branch Secretary
CWU Telecommunications & Services Branch, Leichhardt, NSW.



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