TECHNICAL AND SERVICES BRANCH WEEKLY BULLETIN 2022
15 August 2022
POSTAL RESTRUCTURE MOVING FORWARD
The PTO7 TL upgrades at SPF, the upgrade and provision of 2IC positions and the review of PTO4 staff held at the barriers will go ahead. For the directly nominated positions (SPF and SWLF) we have sought backpay to November 2021. We also seek backpay for PTO4s who move up. Post refused backpay, but we have not agreed to drop the claim.
We sought immediate direct nominations for team leaders at SPF and the 2IC positions at SWLF - where the current occupants are obvious. Post refused. However we may achieve it anyway with the assessment strategy proposed by Post. Post say that they will undertake an assessment which may lead to direct nominations.
The PTO6 2IC positions at SPF are not so obvious and will need to me advertised.
Local working groups will deal with the details. Your input will be important here
There are a number of other issues eg satellite gradings, TL, Planner, SME, EL gradings, Job descriptions are to be addressed by the national JCC.
POST TECH STRUCTURE NSW
Post has advised that it will have two lines of control in Sydney for technical staff. First SWLF will take control of SGF and retain control of Alexandria and Botany. SPF will take control of the adjacent parcel facility and Eastern Creek. It will also control the proposed Kemps Creek facility. We have sought a briefing about the new facility to ensure that technical OHS and work environments meet expectations.
TELSTRA GAT DISPUTE PROGRESSES
Step 1 meeting has been concluded without agreement and we are moving to Step 2.
NEWCASTLE POSTAL TECH DISPUTE
Internal negotiations have not resulted in an agreement and we are referring the dispute to the FWC for conciliation.
BAI ACKNOWLEDGES UNDERPAYMENTS
BAI Communications advised the Fair Work Ombudsman of underpayments affecting BAI employees covered by the Broadcast Technician EBA 2018 - 2022. These are extracts from the BAI advice:
BAI designs, builds, operates and maintains broadcast and communications networks. The employees covered by our Enterprise Agreement are broadcast technicians who work on our communications infrastructure across Australia.
Since commencement of the (EBA), all time worked where a full-time employee works in excess of 45 hours per week in any given week . was required to be "multiplied by 1.5 and credited as time in his or her Hours Bank" (clause 27.6, as modified by the Section 190 undertaking given to Fair Work dated 20 June 2018).
BAI has unfortunately identified that for the period July 2018 to June 2022 it implemented this provision by crediting excess time worked to an employee's Hours Bank at a rate of 1 rather than 1.5.
BAI has identified 105 employees (74 current employees and 31 former employees) that were paid less than they were entitled to due to BAI's error. BAI will pay all affected employees the amounts they are owed plus interest calculated at the RBA cash rate for the relevant year + 4%. The total amount that will be paid including interest is $400,981. Superannuation is not affected.
BAI intends to make these payments to current employees in the week commencing 29 August 2022. In the case of former employees, BAI is requesting bank details and will attend to payment once received.
REDUNDANCY SWAP WANTED
If you wish to stay in Telstra, a member in Byron Bay may be able to swap with you. It is a field CFW4 position. Contact me for details.
TERMINATING EBA THREAT MAY BE REMOVED
It is possible to terminate an expired EBA but generally speaking, the FWC will not do this unless the dispute has traversed several years. And some employers have fought their workers for years and threatened to apply to the FWC to terminate the EBA. They must convince the FWC to do it. If successful, workers then revert to the Award conditions. (Some may in fact be better off as they are on "zombie" EBAs.)
The new Labor Government has responded to these anti worker tactics. See the ACTU response below.
ACTU Media Release: The ACTU welcomes the commitment from Workplace Relations Minister Tony Burke to stop employers using the threat of EBA terminations as a bargaining tactic. The practice of employers threatening to terminate existing agreements if workers refuse to sign on to a new EBA has exploded in recent years and has given employers immense power in the bargaining process. This has occurred in universities, railways, factories, ports, airlines and hundreds of other workplaces across the country.
Svitzer, Australia's largest tug boat operator, is currently threatening to terminate its existing EBA, a move which would cut pay for workers - including the crews involved in the recent rescue of a bulk carrier stranded off Sydney - by up to 40 per cent.
Sally McManus: "Allowing employers to threaten massive cuts to pay and conditions unless workers sign on to a new EBA is not a fair process. "We need to fix our broken bargaining system so that it produces the wage growth working people and the economy needs to get back on track. This is one of the issues that needs to be addressed.
HELP TUG BOAT WORKERS
Svitzer Towage is threatening tugboat workers at every mainland port in Australia. Tell Svitzer that our hero tug workers won't stand for bully tactics!
The Maritime Union of Australia, the Australian Institute of Marine & Power Engineers, and the Australian Maritime Officers Union, all represent Svitzer workers and are calling on the company to drop their militant management after three years of refusing to negotiate.
Svitzer is threatening workers with termination of their agreement. Trying to slash workers pay and conditions, and risk their well-being on the job.
Union members won't let companies like these bully workers into accepting worse pay, worse conditions, and worse outcomes. The very same tug workers who saved the Portland Bay in gale force winds, who were praised as heroes by Svitzer, while their managers were at the Fair Work Commission trying to terminate their agreement
Authorised by Dan Dwyer NSW Secretary, Sue Riley Vic Secretary
- CWU Telecommunications & Services Branches.