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CWU T&S WEEKLY BULLETIN NO 2021 / 25
27 June 2021

TECH JOBS AT POST
PTO4 at Chullora (SPF/SGF) Details: 24hours x 5 days (Mon though to Fri) Note: Day, afternoon and night shifts (shift duration 8hours 10min), Sunday rostered overtime. No quals specified.
PTO4 Strathfield (SWLF - 2 jobs) Rotating Shifts - morning, afternoon and night. Note: Certificate III in Electrical Engineering and/or Mechanical Engineering or equivalent.
Phone 0429 157 142 or contact us at CWU 0428 942 878 for more information. Note if you have a Diploma, see the PTO4 item below.

POST EBA
Talks continue. Post is seeking a simple roll-over of the EBA with adjustment to the pay increases. The union has a long list of claims. The vast majority of these has been rejected. Details are confidential. The independent technical bargaining agents, from the Vic and NSW workforce continue to negotiate. This week will see a return to everyday delivery as the ADM legislation expires on 30 June.

EBA - POST LETTER EXTRACTS
This is an extract only but sums up the Post position.

    Post's preference is to maintain our existing employment terms and conditions by rolling over the Post Enterprise Agreement 2017, subject to reaching agreement on a wages outcome and making minor changes to the agreement for compliance purposes. While we have agreed in principle on many matters during bargaining, as noted in the enclosed response document, Post's preference is to record these matters in a side-letter and make only minor necessary amendments to the terms of EBA 2017. This approach allows for the effective rollover of an agreement that is well understood by our workforce, and for a straightforward explanation of the proposed amendments to our people during the access period.

POST - PTO4 PAY POINTS
We recently found a member who had not been paid correctly as the accelerated advancement clause was not applied. This resulted in a claim for back pay as well as adjustment. If you have a Diploma, you are to be paid at the top increment of the PTO4. The EBA states:

    11.11.2 An employee will require a Diploma of Electrical Engineering or equivalent qualification (as assessed by an accredited provider engaged by Australia Post for this purpose) in order to advance to the maximum (8th salary point) of the PTO4 classification range.
    Provided that an employee who possesses this qualification or equivalent qualification will be eligible for accelerated advancement to the maximum of the PTO4 range on and from the date of commencement of this Agreement or from the date the employee obtains the relevant qualification, whichever is the later.

TELSTRA SUBSIDIARIES - DEFINED BENEFIT SUPER
We have been asked why there is a concentration on the DB Funds. Usually there would be no issue with superannuation. However, DB Funds have legal issues. There should be no problem with the accumulation funds.
The defined benefit funds are a problem as they are guaranteed by the employer. The guarantee is there to cover another downturn (GFC or Covid - there will be one). These potential liabilities must be put on the balance sheet - affecting profit and asset value. This upsets the CEO bonus and bean counters. This is not required for accumulation funds.
When your employer changes with the breakup to subsidiaries, each subsidiary would need to guarantee the benefit. This is a complex financial and legal matter. Further the new employer may not have any assets. (Like the MUA waterfront dispute)

TELSTRA - SECRET FILES ON WORKERS
Members at Triple Zero E000 have discovered that secret files have been added to their personal files. This week we wrote to Telstra seeking an explanation. The letter explains the issue (Extracts):

    I am writing about the practice of Telstra management keeping secret files on staff. Specifically, I am asking if this is Telstra policy to allow secret adverse reports to be kept on staff members. The matter raises grave concerns that staff performance ratings, disciplinary action, selection for promotion and selection for redundancy would be involved.
    The existence of the adverse reports is not disclosed to staff and when a staff member becomes aware of the existence of a report, Telstra refuses to disclose the secret adverse findings.
    This matter has arisen in the Triple Zero workplace in Paddington NSW. It began after a privacy breach was discovered by staff. Personal material on their files was available to all staff and contractors via WorkDay. The staff complained about an unexplained increase in odd phone calls on their personal phones. The callers addressed them by name.
    That is a matter being followed up locally although it may be Telstra wide. Management responses are ambiguous and incorrect. We may take that up with you soon.
    Discovery of Secret Files As staff accessed their files and the files of friends, they found many adverse findings on their personal file. The findings all have the notation: "Not to be shared with (employee name)"
    Some members have then requested their personal files to see what adverse findings have been placed secretly on their file.
    Telstra has obviously gone to some lengths to refuse these requests. Telstra quotes the privacy policy that is designed to protect Telstra, not staff. Nevertheless, the breach problem allowed some staff to access material from their files and on a friend's file (with the permission of the friend).
    Requests for Disclosure Several members have raised issues with HR through complaints. However, they are not receiving adequate answers. They find adverse comments in the secret files that are just untrue. Where there has been a conversation mentioned in the secret files, the managers are not recording that the employee strongly denied the allegations.
    Here is an example of a reply to such a request:
    "Request for personnel records maintained by Telstra that relate to performance or to any grievance
    There is a Performance and Feedback section in Workday which contains all feedback information available to you. We are not under any obligation to provide confidential feedback (where the requester has opted to submit their feedback confidentially."
    Does this mean that a mere worker can place an adverse comment about a manager on the manager's personal file and opt that the comments not be shared with the manager?
    Our Requests We make the following points:
    1. No secret files on staff should exist.
    2. Staff should have access to their total personal files (however described).
    3. If an adverse comment is to be placed on a file, the employee must be advised in advance and must be given the opportunity to respond.
    4. The practice of "not to be shared" must cease.
    5. All relevant files should be examined, and secret files revealed and removed.
    We seek your response and detailed clarification of the policy.

BREAKING: GENERAL MILLS MEMBERS WIN!
General Molls workers (Friday) endorsed a deal that will see ALL conditions maintained, a wage increase of almost 9% over three years, a $1500 bonus and protection for all labour hire casuals and contractors who participated in the strike!
General Mills is in Rooty Hill. There are a group of hard-working, determined workers. Three weeks ago, union members - who make Old El Paso and Latina Fresh pasta - made one of the hardest and bravest decisions working people can make - to go on strike to stand up for their rights and conditions at work. It sure was not a question of affordability: General Mills is one of the biggest food companies in the world and make billions in profit while their CEO makes $24 MILLION a year.


USEFUL QUICK LINKS

  • Transferring to Telstra subsidiaries
  • Forced ARL Fact Sheet
  • Forced LSL Fact Sheet
  • Telstra EBA Notes
  • 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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