OTHER EBA MATTERS
Conversion of casual to permanent employment: We have reached agreement on many aspects of this new clause, which will provide a process for casual employees to request permanent employment following 12 months of regular casual employment. This request can only be refused on reasonable grounds. It has been agreed that those who convert from casual to permanent employment will have any prior period of regular continuous service recognised for the accrual of entitlements such as long service leave, parental leave and redundancy, along with a retrospective credit of annual and sick leave accrual for that same regular and continuous period of casual service.
Voluntary redundancy: A proposed change to the voluntary redundancy process will provide for employees to volunteer for redundancy at an earlier stage than is currently provided for. The additional time will allow for greater scrutiny of processes, such as job swaps, to be fully exhausted - maximising the opportunity for an impacted employee to remain employed by Telstra. In some instances, it will also allow for outcomes sooner rather than later, thereby reducing the period of uncertainty and the angst that comes with it.
Placement period: The SBU has been pushing for the option of payment in lieu of continuing employment during the Placement Period for individuals who have accepted voluntary retrenchment. Telstra's general view is that the Placement Period is useful for providing transition services and pursuing possible redeployment opportunities. The reality is, if an employee has volunteered for redundancy and volunteers to opt out of the Placement Period - the employee would be doing so with the understanding that they would be walking away from their entitlement to pursuing redeployment opportunities and availing of the transition services on offer. In our view, this would maximise attention placed on identifying redeployment opportunities for employees impacted by change who do not wish to cease their employment. Consequently, it would provide Telstra with overall savings by not providing transition services and assistance to those who do not wish to participate. However, despite this rational argument, Telstra's response is; those employees can opt out of the process, but they will forfeit payment for what otherwise would have been employment during the Placement Period. Discussions will continue around this matter.
Pay: Pay talks did not ensue in depth. However, agreement was reached for any future wage outcome to be paid in addition to the 1.5% already paid, rather than altering and replacing it. Consequently, any pay outcome achieved through these talks will be recognised by a new EBA in addition to the 1.5% already paid, rather than the pay rates contained in the current, nominally expired Agreement.
CLAUSE 45 A STUMBLING BLOCK
(From John Ellery) The stumbling block is still the infamous cl 45 wording, that allows Telstra to, in our view, forcibly redeploy staff into subsidiaries, and if this is refused, no payment of any redundancy money will be made. So a refusal to accept a "suitable position" opens up a can of worms.
Further discussion about the extent of the proposed subsidiary arrangements leaves us in no doubt that almost all current Telstra staff could potentially be involved here - not just the InfraCo Business Unit staff. Another possible plan for Retail & Enterprise staff has now seen the light of day because customers may be migrated (Novated) across to a subsidiary Pty Ltd (even the name has been chosen - "Future Telstra") so customers won't be under contract with Telstra directly.
Add this to the other arrangements that have occurred via acquisitions - Telstra Broadcast Services, Telstra iHealth, CloudMed, Ooyala, Pacnet Cable, iVision - the list goes on. We have continued to suggest that there may be a way forward, which is to remove cl 45 and just have people formally "seconded" to the subsidiary, and remain on Telstra's books and EBA. But this is being opposed on the grounds of being "unworkable" - eg Telstra iHealth currently has around 100 seconded but Telstra reps claim this is an "administrative nightmare".
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Please note the following changes as we simplify our phone numbers
0428 942 878
dan.dwyer@cwunion.net
Dan Dwyer Secretary/Lawyer - for industrial matters & advice
0447 265 443
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CWU Telecommunications & Services Branch, Leichhardt, NSW.