CWU News - Communications Union

CWU T&S WEEKLY BULLETIN NO 2019 / 35
22 SEPT 2019

PROXY NEEDED - TELSTRA AGM
The Vic T&S Branch will be at the Telstra AGM in Melbourne. The Branch will again raise some of our issues (like pay v CEO pay). If you wish to proxy John Ellery at that meeting, please fill out the Telstra on line arrangements, and send him a copy of the nomination. Send it to us and we will forward to John.

TELSTRA ANNUAL BONUS
Clause 12 of the current EBA states:
12.1 Telstra guarantees that it will continue to offer an annual bonus plan linked to one or more key business performance measure(s) (which may be customer satisfaction and/or net promoter score measures) for the financial years ending on 30 June 2016, 2017 and 2018.
Therefore no bonus is expected this year.

POST SPF ROSTERS
Following our interventions, local negotiations have resulted in a temporary arrangement to meet maintenance trials.

TELSTRA EBA HOOK-UP
Monitor our HOME PAGE for details of the next hook-up.
Monitor our HOME PAGE for details of the next hook-up. The next meeting will follow the next Telstra meeting probably early October.

TELSTRA EBA NEGOTIATIONS
The last Telstra EBA meeting was Tuesday 17th Sept. The issues of cl 45, its relationship with cl 49, as well as Long Service Leave and the pay rise were still outstanding, as they have been for months. Telstra pressed for the right to direct staff to take LSL. Other issues are emerging as you can see below. The next meeting is in early October (this year).

EBA - LONG SERVICE LEAVE
Telstra's LSL policy from 1 Jan next year allows Telstra to direct employees who have accumulated more than 90 days of LSL to take up to 24 days per year and to direct the reduction of LSL balances to 90 days. The union has said that it would challenge this policy.
Notwithstanding, the current proposal from the unions for a LSL policy would operate in the following way: Employees who have accrued 90 days LSL will be expected to avail of at least 9 days per year - the same amount accrued per year by a full-time employee;

The employee would need to apply for the leave prior to 30 June each year;

If the application for LSL is rejected by their manager, the employee is expected to make a further application to take the 9 days;

In the event that the employee has made two applications for LSL and both have been rejected, the employee cannot be directed and there is no expectation that further LSL would be taken in that calendar year;

Telstra would only be able to direct an employee to avail of LSL where the employee refuses to make application to take the 9 days LSL by 30 June in any calendar year and the employee and manager cannot reach mutual agreement on when the 9 days should be taken.
Further parameters around such direction include three months' notice for any direction and a requirement that consideration be given to personal circumstances and preferences. Negotiations continue. (This has not been approved by CEPU)

EBA CLAUSE 45
Discussion occurred around the interaction of Clause 45 with Clause 49, which deals with the Placement Period employee's enter upon notification of redundancy. The SBU held concerns that if Clause 45 is triggered before an employee enters the Placement Period, they are then disadvantaged in time to seek redeployment within Telstra before making their choice with regard an offer of employment with a Subsidiary. Changes have now been made to bring the operation of Clause 45 within the Placement Period and to extend the period for response - ensuring any offers made under Clause 45 remain open until the Placement Period expires.

EBA CLAUSE 45 AND DEFINED BENEFIT SUPER
It has been agreed that if an offer to transfer employment to a Subsidiary does not include eligibility in a Defined Benefit scheme, then the offer would not be deemed `suitable' and therefore, the employee would receive retrenchment benefits. It is now apparent from our enquiries of Telstra Super that eligibility to continue in membership of a DB fund would be possible if Telstra and Telstra Super agreed to some changes after the Subsidiary is created. The SBU does not believe this gives affected employees any further clarity about the operation of Clause 45. The SBU sought to exclude DB scheme members from the operation of Clause 45. Telstra is considering this proposal.

EBA VIABILITY OF A SUBSIDIARY - TELSTRA SUGGESTS TAXPAYER PAY
The SBU seeks to ensure that Telstra remains responsible for the entitlements of employees it transfers to a Subsidiary, in the event the Subsidiary becomes insolvent or for any reason can't pay entitlements. Telstra's position at this meeting was that, as a matter of reputation and branding, Telstra would not allow one of its Subsidiaries to fail in this way. Telstra also referred to the Government's Fair Entitlements Guarantee as a safeguard for employees. The scheme provides PARTIAL protections for unpaid entitlements in instances of liquidation. The SBU's position is that Telstra should provide a guarantee that they will meet any shortfall.

EBA INDIRECT SUPPORT ROLES AND CLAUSE 45
Clause 45 can operate across Telstra, not just where a business unit, such as InfraCo, becomes a subsidiary. All employees who become redundant at Telstra could be offered employment at any subsidiary (eg InfraCo) under Clause 45. Further, InfraCo is not the only possible subsidiary being discussed. Any subsidiary would require a range of staff such as finance, HR, legal, communications, sales, etc. Any employee in one of these roles can also be transferred under Clause 45. For example a pay roll officer that had no interaction with Infra Co, but finds their role redundant at Telstra, can be offered a payroll position at any subsidiary (eg InfraCo) under Clause 45. Discussions will continue on this issue.

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
0447 265 443 reception@cwunion.net Administrative eg payments, applications, change of details

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