Clause 45 - Transfer of Business/Employment - Let's make it "plain speak" not legal jargon.

Redundancy payout limitation
This contentious clause 45 will allow Telstra a further ability to limit the redundancy payout to individuals. They already have a limited ability under the so-called forced redeployment (cl 48 Placement Period). If the proposed EBA is supported, Telstra will gain extra limitations on redundancy payouts through cl 45 in the circumstance of a "Transfer of Business" or "Transfer of Employment" so that if you refuse to go across to a subsidiary (even if it is fully Telstra owned), you essentially sack yourself, with NO retrenchment payment.

Danger lurks
Further dangers lurk if you do go across to the subsidiary - the arrangements would be that, for a time, you are protected by the Telstra EBA (the "Transferring Instrument"), but there is NO guarantee that the Telstra EBA conditions you transfer with will continue. They only continue if the transferring instrument (i.e. the Telstra EBA) is not varied, terminated, or replaced, once you have moved over. Telstra have provided a double sided "EA Fact sheet" (the one with the confusing flow chart on one side and FAQ's on the other), however, the key questions and the answers provided in questions 3 and 4 provide confirmation of this.

Confusion? - there's plenty of it
There is no doubt the proposed clause brings forward some complicated issues that need close and detailed examination. We believe it is designed to be that way - this is not a plain speak, easily understood clause. EBA's are meant to be read in plain speak, and understood by the workers who are subject to it. If we wanted a document that relied on legal speak, we wouldn't have an EBA, we would have a law book.

We want genuine bargaining!
A NO vote will mean that bargaining will recommence. A NO vote allows us to negotiate a genuine pay rise, 3.5% minimum, guaranteed protection of redundancy and the right to dispute Telstra pay decisions. Give us the opportunity to press for these benefits. We can also take selective industrial action if necessary.

The EBA clearly should not be supported, particularly on this issue. The woeful pay offer speaks for itself. All in all, the proposal is a total dud, and should be forcefully rejected.

VOTE NO TO THIS DISGRACEFUL EBA OFFER!!

Make your colleagues fully aware of the concerns that the Unions have with this proposal.

ALEX JANSEN     SUE RILEY	      JOHN ELLERY	     LEROY LAZAR                 VAL BUTLER
Secretary 	Secretary	      Assistant Secretary    Secretary	           Industrial Officer
CWU (T&S) NSW 	CWU (T&S) Vic	      CWU (T&S) Vic	     CWU (P&T) Vic	    CWU (P&T) Vic

Authorised by Alex Jansen State Secretary
CWU Telecommunications & Services Branch