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FAIR WORK ORDERS

PR702940 ORDER

Fair Work Act 2009 s.437-Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Telstra Corporation Limited

(B2018/1126)

DEPUTY PRESIDENT HAMILTON MELBOURNE, 6 DECEMBER 2018

Proposed protected action ballot of employees of Telstra Corporation Limited.

Pursuant to s.443 of the Fair Work Act 2009 (the Act) the Fair Work Commission orders:

1. PROTECTED ACTION BALLOT TO BE HELD The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is to hold a protected action ballot of employees of Telstra Corporation Limited (Telstra) described in clause 3 of this order.

2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT The ballot is to be conducted by the Australian Electoral Commission.

3. GROUP OR GROUPS OF EMPLOYEES TO BE BALLOTED In accordance with s.437(5) of the Act, the employees to be balloted are those who will be covered by the proposed enterprise agreement, including those employed subject to an AWA or an ITEA, and are represented by the bargaining representative who is the applicant for this protected action ballot order.

4. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is 28 working days from the date of this Order.

5. QUESTIONS The question(s) to be put to voters in the ballot are:

Do you, for the purpose of advancing the CEPU claims in the negotiation of an enterprise agreement with Telstra Corporation Limited, endorse the taking of protected industrial action by CEPU members against your employer, which may involve taking separately, concurrently and/or consecutively any or all of the actions set out below:

    1. An unlimited number of periodic stoppages of work?

    2. An unlimited number of stoppages of work of indefinite duration?

    3. An unlimited number of bans, of periodic or indefinite duration, on -


      a. overtime?
      b. additional hours?
      c. the performance of essential customer servicing work as referred to in clause 76 of the Telstra Enterprise Agreement 2015-2018?
      d. the performance of emergency work as referred to in clause 78 of the Telstra Enterprise Agreement 2015-2018?
      e. any duties/actions required to be done/performed by the employees during unpaid time?
      f. using any Telstra vehicles to and/or from the employees' residences?
      g. storing, and/or the storage of, Telstra vehicles at the employees' premises outside of ordinary working hours?
      h. any duties involved in replenishing any stock or equipment to be carried in Telstra vehicles, including accepting any stock equipment delivered to the residence of an employee?
      i. completing or filling in paper work?
      j. inputting information and/or data into a computer system?
      k. answering telephone calls and/or responding to emails?
      l. performing work as result of a request by offshore centre workers to onshore employees to assist or resolve issues?
      m. performing work as result of a request by external persons or entities, both domestic and offshore, to assist or resolve issues?
      n. using any type of application/software that is used to schedule/distribute/allocate/monitor work/jobs/duties to employees?
      o. the performance of work in clothes other than casual clothes and/or clothes that exhibit or attach the CEPU's campaign badges, information or materials?
      p. preparing reports for management?
      q. scheduled overtime?

    Note: The above bans set out in Question 3 will not apply where there is a threat to the life or the personal safety or health of persons.

    Note: The bans referred to in Question 3.o. (preparing reports for management) exclude obligations relating to reporting on matters concerning terrorism; requests for information from Police; reporting relating to complaints of bullying and discrimination or reporting regarding people with disability.

    4. An unlimited number of stop work meetings of indefinite duration?

    Yes [ ] No [ ]

DEPUTY PRESIDENT
PR702940


FAIR WORK DECISION

[2018] FWC 7442

DECISION

Fair Work Act 2009 s.437-Protected action Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Telstra Corporation Limited

(B2018/1126)

DEPUTY PRESIDENT HAMILTON MELBOURNE, 6 DECEMBER 2018

Proposed protected action ballot of employees of Telstra Corporation Limited.

[1] This decision concerns an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Telstra Corporation Limited (respondent).

[2] On 3 December 2018, the respondent advised the Fair Work Commission (Commission) that it objected to the application.

[3] The matter was listed to be heard before me on 6 December 2018.

[4] On 5 December 2018, the applicant advised the Commission that the parties were able to reach agreement on the application. This was confirmed by the respondent.

[5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[6] I have considered the application and the statutory declaration of Mr Shane Murphy, the Divisional President of the CEPU Communications Division, setting out the steps taken by the applicant to try to reach agreement with the respondent.

[7] I am satisfied that there is a notification time in relation to the proposed agreement, that the applicant has been, and is, genuinely trying to reach agreement with the respondent, and that the other requirements for the making of a protected action ballot order have been met.

[8] Accordingly, the Commission is required under s.443 of the Act to make a protected action ballot order.

[9] An order has been separately issued in PR702940.

DEPUTY PRESIDENT


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