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CWU T&S WEEKLY BULLETIN NO 2020 / 12
29 MAR 2020

POST SPF OVERTIME REFERRED TO FWC
Following the decision of Post to push ahead with their unfair overtime scheme, we asked the Fair Work Commission to relist the dispute for further conciliation. The FWC has listed the matter for Thursday 9 April. We have sought
1. That Post return to the old scheme and
2. That Post propose their new system so that the new system can be negotiated to ensure fairness.

POST SPF SHIFT SWAPS
Post appears to have walked away from the recent agreement. A member sought mutual shift swaps in accordance with our agreement. Our member was told that there will be no body to body swaps at all. We have also referred this breach to the FWC.

UNION SHOPPER
While you may be at home more, check out Union Shopper. As a T&S member, you are a member of Union Shopper and entitled to the benefits. Union Shopper Specials

OPTUS SATELLITE CONTROLLER RECLASSIFICATION
Optus has refused to provide us with certain documents, still hint at reclassification, and offer more delay. While COVID19 is a real issue, this has been going on for too long and we will refer the matter to the Fair Work Commission. The response stated:

    I refer to your letter dated 16 March 2020 and our earlier correspondence regarding the classification of the Belrose Satellite Controllers you are currently representing.
    Regarding the comment in your letter about the job description dated 1 January 2020, I do not accept your comment that the document is "useless". That remains the most recent Satellite Controller job description and is current. If there are revisions to that job description they will, of course, be passed to your members as and when they have passed through the approval process. We maintain that the role is appropriately graded at a Grade 13.
    Beyond that, the other documents you have requested either: (i) do not exist; or (ii) are internal confidential documents. Either way, they cannot be provided to you (nor is there an obligation on us to do so).
    As I said in my email to you on 3 March 2020, a review of the career paths and responsibilities of the Satellite Controller team is underway. As part of that process, it is possible that the current Senior Satellite Controller job description will change and that a new position will be introduced into the structure acknowledging greater levels of expertise. It may be that a new position graded at `Grade 14' will be created as part of that process.
    As you can appreciate, given the current pandemic situation, there is additional strain on our business teams to respond appropriately to the situation - to ensure the safety of our people and the viability of the essential services we provide to the community. Given this, there will be delays to the full review as we focus on these priorities. That said, I understand that the business is committed to completing that review. I am seeking clarity regarding what options there might be to be able to progress this as soon as practicable to enable us to reach a resolution on this matter. We will come back to you next week with an indicative timeframe on when we will be able to provide an update.
    In the meantime, I have now asked that you clarify your position that there has been an underpayment in breach of the Optus EPA on a number of occasions (14 January 2020 and 3 March 2020) and you have yet to respond to this. To enable us to move forward, we'd ask you to clarify your position on this so that we can understand your position and respond.

YOUR ARL AND LSL IS YOUR LEAVE
We saw an email to staff suggesting that you should remain contactable during ARL and LSL. We wrote to Telstra as follows:

    It appears that thinking at the front line has changed since COVID and reductions in help from the offshore partners. While we are aware of the desire to direct staff to take leave, we are aware of at least one situation where leave was cancelled after leave had commenced.
    What I am writing about is a direction in Infraco Wideband that staff remain contactable.
    While some staff may be prepared to be contactable during forced leave, many will not. Can you please advise all team managers that there is no requirement for staff to remain contactable (on call effectively) during periods of leave, particularly forced leave.

Telstra responded as follows:

    We have clarified to staff that they will not be required to remain contactable during periods of leave.
    Given the uncertain environment that we are in at the moment, wideband leaders may ask some staff whether they will be contactable during their leave, in case we need to quickly recall staff from leave to respond to COVID-19 escalated orders. Cancelling leave is a last resort, and will only occur in times of genuine need.
    There is no obligation for staff to remain contactable during their leave; this is purely a contingency to assist leaders in mobilising a workforce if required.

POST EBA NEGOTIATIONS
The nominal date for the current EBA9 is 9 August 2020. It remains in force until terminated or replaced. We will soon call for items to be put on the Log of Claims for Technical staff. At the moment we understand that Post wishes to delay the negotiations for the new EBA. Watch this space.

TELSTRA PPE PROBLEMS
COVID19 is a deadly virus and you are not required to expose yourself to a situation where you may contact the virus. The OHS laws require you to (as a minimum) strictly follow the Government and employer directions. Many situations are not covered, particularly staff facing customers and on customer premises. One issue is PPE. We wrote to Telstra on one aspect of this issue.

    I am told that many field staff have not been provided with hand cleanser (or soap) and face masks. I understand Telstra is having difficulty obtaining these. However some say that they can buy some at chemist shops (eg in country towns. I wish to advise them asap that if they can buy hand cleanser and or masks then they should and Telstra will reimburse from petty cash. As for soap, if Telstra do not provide it, they should buy some and put on petty cash. Can you advise asap

TELSTRA PPE PROBLEMS - RESPONSE RE PETTY CASH
Telstra did respond promptly and advised as follows:

WHAT IF I AM STOOD DOWN WITHOUT PAY? (ACTU)
The union movement is working with reasonable employers to keep as many people in work as possible. We are negotiating, where appropriate, for more flexible time, working from home, leave and training options with employers and doing everything we can to keep workers in jobs and ensure their safety. The union movement has won protections for casuals and two weeks paid special leave with many employers including Boeing, Star Casino, Australia Post and a number of banks and universities. But the reality is that where there is not a union presence workers are being let go. Unfortunately, our Government is lagging behind the rest of the world and workers are losing out because of it.

In the UK, Denmark, the Netherlands, New Zealand, Germany, Ireland and South Korea, there are already wage subsidies in place which guarantee the jobs of workers. Every day the Morrison Government delays is another day that workers have no certainty and employers are shedding jobs. One of the few things we know for sure about the outcome of this crisis is that without strong government intervention it will leave huge portions of the population out of work. A wage subsidy of 80 per cent is needed now to give certainty to workers and employers and keep jobs going for as long as possible. We cannot afford to wait, the Morrison Government must act immediately.


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 365 443 reception@cwunion.net Administrative eg payments, applications, change of details

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



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