CWU T&S WEEKLY BULLETIN NO 2021 / 03
26 Jan 2021
SPF CONSULTATIVE MEETING- TECHNICAL TRAINING
We have been pressing the Technical Manager to explain how technical (equipment, skills and refresher) training will be carried out in the future. The Technical Manager stated that the Engineering Leads are responsible for this and will carry out the training. The ELs will receive "train-the-trainer" courses. We do not accept that on the job training is sufficient for technical skills training. We asked for the matrix of staff and training modules. It appears that it does not exist yet and that the ELs will be responsible for this. (This refers to technical training not OHS or admin type general courses such as "better decisions"). In short the new policy is that the ELs will replace the former trainers.
NETWORK CONSTRUCTION TO GET PROMISE
The controversial Promise fad will be expanded to N&IT. The Telstra letter stated:
I write to advise you that Network Construction and Services has made an initial decision to extend the use of Workforce Management System known as `Promise' to N&IT Construction field workforce teams.
In 2018 Telstra rolled out the Promise Application to the Network Maintenance workforce (which we consulted on at the time), this rollout required the use of a provided mobile handset and / or tablet.
We are now proposing to extend tablet use to N&IT Construction field workforce teams.
The Promise system:
Telstra has previously stated that it does not fit well with field staff. However it seems to be the excuse to introduce GPS tracking via the tablets.
INFRACO AND OTHER SUBSIDIARIES
INFRACO & SUBSIDIARIES - YOUR CURRENT CONTRACT
INFRACO & SUBSIDIARIES - THE INDUSTRY AWARD
INFRACO & SUBSIDIARIES - AWARD HISTORY
MEMBERS COVERED BY AN AWA OR ITEA - TELSTRA PROPOSAL
MEMBERS COVERED BY AN AWA OR ITEA
MEMBERS COVERED BY AN AWA OR ITEA - CURRENT POSITION
USEFUL QUICK LINKS
Authorised by Dan Dwyer Branch Secretary
We expect the vast majority of Telstra employees will be moved to a subsidiary this year. It would appear that to the hard won benefits of Telstra union members (eg 36.75 hour week and 80 week's redundancy) will disappear as no one will be left covered by the Telstra EBA.
Unless we do something!
The "Telstra Purple" strategy of Telstra concerns many members as the new "Purple" EBA has a 38 hour week and a Redundancy of 12 weeks (plus notice).
At one extreme, Telstra should be able to move every employee to a 38 hour week and redundancy of 12 weeks. (Plus a number of other lower benefits.
Clause 47 of the current EBA is supposed to save existing Telstra staff from these massive reductions in benefits.
We will have a series of items to explain the complex legal issues. This will be done over several weeks and we will put the full series on a special web page.
To understand it you need to follow the following explanations.
At present a Telstra employee will have these 4 instruments containing your core employment rights:
An Award, read with the NES, contains your minimum conditions.
The BOOT test - The FWC compares your EBA with the Award and NES to make sure that you are Better Off Overall before certifying an EBA.
Do not confuse the "Telstra Modern Award" with the "Telecommunications Industry Award". There is a Telecommunications Modern Award which covers the Telecom industry (Telstra is in that industry).
The Award has a 38 hour week, redundancy of 12 weeks and other lesser conditions compared to the Telstra Modern Award. More on that later.
This will give you an insight into what Telstra wants.
The Fair Work Act in 2009 began an award overhaul to essentially reduce the large number of awards then in existence. The new thrust was industry Awards.
I was the Divisional Secretary of the Communications Division at the time so I fought the fight.
The FW Act provided for industry awards but allowed in exceptional circumstances "enterprise awards". Telstra was an enterprise. It took 2 Full Bench Cases to achieve the outcome. More next week
Telstra has advised members on an AWA or ITEA that Telstra wished to terminate those agreements immediately. Telstra said (in part):
As you know, by the end of this year our intent is to have restructured Telstra into three separate legal entities within the Telstra Group - InfraCo Fixed, InfraCo Towers and ServeCo. While this doesn't mean there will be any change to our management structure or the way we work today, if the restructure proceeds, you may be employed by a different entity within the Telstra Group.
We'll soon ask the Fair Work Commission to terminate your AWA/ITEA and transition you to the Telstra EA.
We've made the decision to move you to the Telstra EA with its industry leading terms and conditions.
We'll keep you informed as we progress. Part of this will be providing you with an overview of your terms and conditions under the Telstra EA (which would apply following the termination of your AWA/ITEA). However, day-to-day you can expect minimal change - your pay won't be reduced, and your span of hours and hours of work will be the same. And depending on your role and when your AWA/ITEA expired, you may be able to choose from the Job Family or Workstream model of the Telstra EA - we'll let you know what your options are and what they mean for you as we proceed.
The Telstra notice has raised concerns from members on AWA and ITEA conditions. We have not been consulted on this as yet but will seek immediate talks. The EBA gives you far more definite conditions compared to an AWA. But the EBA is under threat as you will be moved to a subsidiary this year. More importantly, your salary, bonuses, RDO, super etc needs to be protected. We will seek more info on this. Despite the Telstra language, you can object to the termination of your AWA or EBA.
A number of members are still covered by an AWA or ITEA. These members are not covered by the EBA. All AWA/ITEAs have passed their nominal expiry dates - a number of years ago. Under current law, the AWA/ITEAs can be terminated by consent of both parties, or unilaterally in certain circumstances. A number of members were on AWAs and have terminated the agreements. Telstra has not opposed applications by members.
The Liberal Government recently introduced a new package of controversial laws. In it is a proposal to cancel these AWA/ITEA instruments by July 2022. Once cancelled, you will be covered by the EBA and Award. These laws have not been passed and are likely to be strongly opposed unless amended.
Secretary/Lawyer - industrial matters & advice
eg payments, applications, change of details
CWU Telecommunications & Services Branch, Sydney City, NSW.
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