Weekly Bulletin


Number 19       6 June 2022


Negotiations continued for the general EBA (excluding tech and IT staff). The meetings are detailed and are set for 3 hours each week. The EBA is critical for staff as TPG indicate that 90% of the approximate 1,000 staff covered by the agreement will be paid in line with the rates set out in the EBA. Other staff are currently paid above the EBA rates and may not receive annual increases. This part has yet to be resolved.


A Full Bench of the Fair Work Commission had to determine an appeal against the sacking of 6 shift managers.

The shift managers were asked to perform stevedoring work during period of protected industrial action at Fremantle. They refused to perform duties they considered outside the scope of their employment. They were dismissed for serious misconduct, being failure to follow a lawful and reasonable direction.

The Full Bench found each of the shift managers was ready, willing and able to perform their contractual duties, their refusal to undertake ambiguous additional tasks was not a breach of duty or misconduct, nor was it a failure to follow a lawful and reasonable direction.

No valid reason for dismissal existed. The dismissals were harsh, unjust and unreasonable. Reinstatement with continuity and back pay was ordered.


The Agreement will cover Telstra and Fone Zone People Pty Ltd (Fone Zone), about 3,000 workers. CPSU and CEPU raised a number of concerns where the Better off overall test (BOOT) was not met. The FWC stated:

    [12] The Agreement contains many more beneficial terms than those applicable under the Award. Rates of pay in the Agreement are between 10.38% to 31.97% above the Award. Full time employees have a shorter working week and there are wider consultation obligations, new gender affirmation leave, 15 days personal/carer's leave, 20 days paid domestic violence leave, 3 days compassionate leave, 1 additional day of leave each year, more beneficial Sunday and public holiday penalties, some more beneficial overtime weekend penalties, emergency work penalties, up to 16 weeks paid parental leave, payment of superannuation during parental leave, more generous redundancy and retrenchment benefits, maintenance of salary on transfer to a lower role, backdating of continuity of service after conversion from casual to permanent employment, the option of salary packaging, paid delegates leave, assistance to gain recognition of prior learning, full wages for employees with a disability instead of the supported wage system, higher first aid and meal allowances and no minimum notice of termination required from employees.

    [13] It is true that some of the terms and conditions of employment in the Agreement are less beneficial in the Agreement than the Award. These include some less beneficial redundancy terms, no guarantee of payment of superannuation on all forms of paid leave or while absent on worker's compensation or due to work-related illness or injury, no special clothing or laundry allowance, no guarantee that final pays will be made within 7 days, incorporation of annual leave loading into fixed remuneration, no minimum notice period to take annual leave during a shutdown of operations, simplified annual leave provisions, no minimum period of recall to duty, wider span of ordinary hours, limited capacity to substitute public holidays, part-time additional hours without the payment of overtime, 10 hour maximum daily shifts and less prescriptive rostering arrangements, higher duties only after four weeks and no second overtime meal allowance.

    [14] On balance, I am satisfied that that the Agreement passes the better off overall test. The more beneficial terms of the Agreement outweigh the detriments that might accrue to employees in the range of circumstances identified above, including for part-time employees.


As you know, last year we nominated Wed 18 August as the Authorised Day for 2021. We are proposing to nominate a similar date for the 2002 Authorised Day, being Wed 17 August 2022. There are currently just over 1000 who have opted to take a day of leave on the Authorised Day, as over 95% of the eligible workforce have elected to add this day to their annual leave to take on a date of their choosing, or alternatively to cash out this day of leave.

(Staff) will have the option to submit their preference for the Authorised Day in line with Clause 29.1(c)(i) of the EBA if they provide us with at least four weeks' notice, and we will write to them accordingly.


Post has initiated meetings to cut technical staff and shifts in Newcastle. The staff cuts are particularly severe as they propose to cut from 6 to 2. Negotiations have just commenced as we look at issues such as working alone, classifications, coverage, 9 day fortnight and timing.


ACTU: We'll be launching our new TV and online ad campaign highlighting the vital importance of winning wage rises through union membership. We know we need more than talk to see real wage increases. We need action.

The Australian union movement is made up of almost 2 million workers who come together every single day and take action for real change when it comes to wages.

Union members earn, on average, $250 more per week than non-union members. From community, health and service workers to technicians and trades, workers in Australian unions continue to negotiate higher pay in ways that ensure all members get a decent, fair wage.

Union members are the only people winning wage increases for workers - whether through collective agreements or through the Annual Wage Review.

That's the message of our new ad campaign. Real people, real action, real change.

At a time when wages have gone backwards for millions, cost of living is worsening, and corporate profits have massively increased, it's never been more important to join your union and stand united. You're never alone when you're a union member.

  • 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
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  • 0439 762 455 SRiley@cwu.asn.au Sue Riley
          Secretary - industrial matters & advice
  • 03 9663 6815 cdtsvic@cwu.asn.au Administrative
          eg payments, applications, change of details
  • Home Page
  • Authorised by Dan Dwyer NSW Secretary, Sue Riley Vic Secretary - CWU Telecommunications & Services Branches.

    NSW Branch

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