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CWU T&S WEEKLY BULLETIN NO 2020 / 47
07 Dec 2020

EXCHANGE CLEANING - KENT ST
We have written to Telstra HQ as follows

    We are told that there is insufficient cleaning provided for in the contract. The cleaners are unable to clean the complete building in the time allowed in the contract. For example, how many minutes are allowed for cleaning each floor in the building?
    The building is a health risk because it is insufficiently cleaned. Can you please advise details of the cleaning arrangements as soon as possible?

EXCHANGE CLEANING - EDENSOR PARK
We have written to Telstra HQ as follows

    This is a definite health risk. We are advised that there is no water, the toilets have not been cleaned and the building is in a terrible state. We need urgent advice re the cleaning contract details.

OPTUS - PREFILLING ANNUAL LEAVE
Several members have now reported that Optus has generously applied for annual leave for you - without your knowledge.
Check your leave applications and see if you have "applied" for annual leave over Xmas 2020 and on 25 January 2021.
Please advise us asap. We wish to raise this specific issue this week as we believe that it may breach your rights.

OPTUS FORCED ANNUAL LEAVE REPLY
We raised the issue a week ago and Optus has responded. Our initial complaint did not refer to prefilled annual leave (see above). We will raise that this week. The Optus reply was as follows:

    As I have previously advised, Optus is encouraging our employees to have an annual leave plan that reflects the need to take time out for their health and wellbeing which also helps maintain the health of our organisation.
    As you would certainly be able to appreciate, this year has been a challenging year for everyone. As an organisation, we have played an important role in our community as an essential service during the pandemic. As a responsible employer, we are (and have been) encouraging our team members to take their available leave and disconnect from work to invest and focus on themselves and their relationships with friends and family. Their health is important to us. I am sure you recognise the need to focus on one's own physical and mental health now more than ever.
    With borders re-opening, now is a better time than we've had for the better part of the year to enjoy a well-deserved break and make use of the summer and easing of restrictions. Optus is encouraging it - as are our various State, Territory and Federal Governments.
    The end of year annual holiday period should be of no surprise to you. Our policies and contracts of employment recognise our annual holiday period and the expectation that employees will be taking time off at a time when our business overall is not as busy. This is not uncommon across employers across Australia. We have suggested that employees also take advantage of a long weekend by taking annual leave on 25 January. Most employees would want to have a longer break given that the Australia Day public holiday falls on Tuesday in 2021. We are simply enabling our team members to grant these requests. Without this, it may be very difficult due to a concern regarding managing workloads.
    I would caution advising your members in the manner in which you have proposed as you may very well be misleading them as to their rights and obligations.
    As always, we encourage and promote our team members to talk to their leaders directly. If they have concerns about taking leave as we have encouraged, discussions should be had directly with their leaders.

183 DEATH A YEAR - OHS REVIEW NEEDED
183 Australians were killed at their workplace in 2019 - an increase of 37 avoidable deaths since 2018 and the first increase since 2007.
A delegation of relatives whose loved ones lost their lives tragically at their place of work spoke in Canberra on Thursday, campaigning for the introduction of industrial manslaughter into model workplace health and safety laws.
The delegation will be pushing for the implementation of recommendations from the Senate Inquiry into industrial deaths that was handed down in October 2018 and Boland Review of Australia's work health and safety laws in all states and territories - so far there have been industrial manslaughter laws introduced in Queensland, Northern Territory, Victoria and Western Australia.
Industrial manslaughter laws are designed to hold employer's criminally accountable for preventable deaths that occur in a workplace - this includes jail time and increased financial penalties.
The law provides justice for the families who have lost loved ones and acts as a deterrent for employers who might otherwise cut corners on work health and safety. - ACTU

VISIONSTREAM - 10 HOURS BREAK
The issue arises where an employee performs a number of hours of overtime after the conclusion of ordinary hours of duty, such that if they were to start work at their normal start time the following day, they would not have had a sufficient rest period of 10 hours between shifts.
Visionstream has been directing these employees to commence their duties later in the day, to allow them to have their requisite period of rest, but then require then to stay back after their would-be finish time to make up for the hours missed at the beginning of shift.
This is an incorrect interpretation of the EBA. You do not have to work the extra hours to get your normal pay. If you have, it is overtime. Visionstream has recognised that their application of these provisions was incorrect. The company is now making necessary changes internally to ensure compliance, moving forward.

TECHNICAL JOB ADVERTISED AT POST
Application Closing Date: 14th Dec 2020
Postal Technical Officer (PTO4) - Sydney Parcel Facility, Chullora, NSW
Reference Code: 53640470 Position Number: 00719366 Work Type: Permanent - Full Time
Org Unit Level 3: Divisional Deliveries North Salary Range: $67,279 - $83,396
Assist the Technical Team Leader and Technical Support Officer to co-ordinate plan and conduct the maintenance activities associated with the Mail Processing Equipment working closely with the operational management to assist the achievement of mail services and production standards at Sydney Parcel Facility.
This is an inline position working rotating /fixed shift or non-shift, which reports directly to the Duty Technical Team Leader. Shift Details: 24hours x 5 days ( Monday though to Friday) Note: Day, afternoon and night shifts ( shift duration 8hours 10min), Sunday rostered overtime.
Contact details are in your email


USEFUL QUICK LINKS

  • Forced ARL Fact Sheet
  • Forced LSL Fact Sheet
  • Telstra EBA Notes
  • Telstra EBA19
  • Telstra EBA19 Undertakings
  • Superannuation Fact Sheet
  • Optus EBA18
  • Post EBA9

  • 0428 942 878 dan.dwyer@cwunion.net Dan Dwyer
    Secretary/Lawyer - industrial matters & advice
  • 0447 365 433 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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