The Telstra EA fact sheet distributed by Telstra state that Penalty and OT rates stay the same, however reading the EBA document there seems to be no protection for the current OT entitlement of receiving double time for all time worked after 11PM. The current EBA simply states that the first 3 hours of any OT is paid at time and a half. Have we lost this entitlement? if so why was it not brought to our attention?
You are right that the entitlement to double time between 11 pm and 7 am (for certain employees) is not specified but there is no intention to remove it. This has been a drafting error arising from the fact that this entitlement was taken from the Tech and Trades award and not specifically from the last Agreement. In line with the "no change" commitment in relation to overtime, Telstra will recognise this current entitlement. In the first instance this will be in a letter to the CWU. We will also consider whether there are further mechanisms for making sure the commitment is effectively part of the Agreement.