CWU T&S WEEKLY BULLETIN NO 2020 /
46
29 Nov 2020
OPTUS - FORCED ANNUAL LEAVE
Have you been marked down for a day of annual leave on Monday 25 January 2021? If so you can cancel it immediately.
Optus cannot direct you to take annual leave.
We raised this with Optus earlier this year and Optus responded as follows:
There is no coercion or attempt to mislead employees in relation to their entitlements.
It has come up again and so we have again written to Optus and repeat our advice.
You have no obligation to take leave and Optus cannot direct or pressure you to do so.
OPTUS - FORCED ANNUAL LEAVE
Our letter to Optus stated:
We are writing seeking an explanation of the attempts by Optus to force staff to take Annual Leave. We have reports that staff should take ARL in certain circumstances:
- Staff are expected to take one day of ARL on 25 January 2021
- Staff are expected to take leave over Xmas - some sort of shut down
- Staff should reduce annual leave to no more than 10 days by March each year.
We are unable to find any right of Optus to direct staff to take leave. We seek an explanation of these actions.
We will be advising our members that they have no obligation to take leave and that Optus cannot direct or pressure them to do so.
We will publish the reply.
POST SPF ISSUES
The complaints with the overtime allocation continue. The issue has been raised with Post at SPF and I will meet with them to discuss the FWC mediation outcome. It is clear that Post has not complied with their undertaking. Referral to the FW Commission looks like the only way forward.
SUPERANNUATION PT 11 - REDUNDANCY AND SGC
This item only applies to members in superannuation accumulation funds - it does not apply to defined benefits funds.
The superannuation guarantee SGC is currently 9.5%. Aus Post super payment is higher.
The SGC is only paid on Ordinary Time Earnings (OTE). Salary is OTE and the SGC is paid. Overtime is generally not OTE.
On termination from employment eg redundancy, unused annual leave and unused LSL are not OTE.
An unfair dismissal payment is not OTE.
Therefore superannuation is generally not paid on overtime and termination payments.
COLES NSW LOCK OUT
Workers at the Coles distribution centre in Smeaton Grange NSW went on strike last week when Coles announced plans to close and automate the warehouse. Workers are asking Coles for:
a fair redundancy that recognises their commitment
job security for long time casuals and the right to transfer to the new warehouses that Coles is opening, and
a pay rise that reflects Coles' mega profits this year.
In response Coles spat the dummy and are locking workers out for three months - over Christmas and New Year. This decision is completely heartless and unnecessary.
Sign the petition at Megaphone
Authorised by Dan Dwyer Branch Secretary
CWU Telecommunications & Services Branch, Sydney City, NSW.