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CWU T&S WEEKLY BULLETIN NO 2021 / 07
22 Feb 2021

MIRAIT EBA
We met again this week. We only discussed the first 10 clauses with no problems arising. The big picture revealed that Mirait wants to remain competitive and will be seeking changes. These will emerge in the next 3 weeks. We have indicated that allowances eg meal, TA need adjustment and a method of adjustment.

POST SHIFT SWAP DISPUTE
We are meeting on Monday this week to negotiate an outcome. We have developed a set of rules that clarify the current agreement. If the talks fail, we will progress to arbitration in the FWC,

POST ALLEGED BULLYING
Many members are aware of the bullying complaint that has been lodged in the Fair Work Commission. The matter is now listed for a conference late next week.

TELSTRA FORCED LEAVE AGAIN
Telstra is still pressing staff to take leave outside their legal entitlements. Managers are being pressured to pressure staff to meet set targets. Tell them NO!
In an email to managers, their HR experts stated:

    GBS Field has a 2.20% increase in annual leave booked/taken since Friday (792 days). Most of that increase was in April (287 days), followed by June (176 days) and March (161 days). We are at 15.88 days on average per person against the 22 day target. We have 34,056 days of 53,000 days left to reach the financial target.
    Attached is a team by team view showing current days on average booked/taken and the percentage change from Wednesday 03/02 results.
    Some teams have removed leave
  • ES - VIC East Data Project Services,
  • ES - Enhanced Data and Complex South,
  • NE - Darling Downs
    Top 3 teams with the highest change in Leave booked since Friday
  • ES - VIC West Data Project Services,
  • Field Execution - Field Growth and Engagement,
  • ES - Enhanced Data and Complex Programs
    Please continue to push for leave to be booked out through until June so that I can gauge our position against the target. I will reassess on the 15th of Feb.

TELSTRA PURPLE CLARIFICATIONS
We sought and had a meeting with Telstra this week to ask a number of questions. There has been significant confusion because of the mixed messages from Telstra. Here is a summary of our understanding of the position.

    1. There are 2 "Purples".
    2. There is Telstra Purple Pty Ltd - a subsidiary of Telstra Pty Ltd.
    3. There is a business unit within Telstra itself called "Purple" (Purple People).
    4. Telstra Purple Pty Ltd has been largely (90-95% of the staff) created by two acquisitions.
    5. The acquisitions were Readify Pty Ltd and Kloud Pty Ltd -IT consulting -work.
    6. The staff of Telstra Purple Pty Ltd are software developers and engineers.
    7. Their average tenure is 3 years.
    8. Their salary is set by employment contracts, not the new EBA.
    9. No staff from Telstra were moved to Telstra Purple Pty Ltd.
    10. No staff from Telstra are expected to be transferred to Telstra Purple Pty Ltd
    11. Telstra staff in the Purple business units will largely transfer to ServeCo later this year.
    12. We assume some may Transfer to InfraCo later this year

TELSTRA PURPLE SUMMARY
Telstra employees will not transfer to Telstra Purple Pty Ltd. Therefore you will be part of the major move expected at the end of this year when most staff are transferred to InfraCo or ServeCo. We are doing a series of items on the transfer issues.

QUESTIONS - WE CAN ANSWER MOST
We receive a number of questions - I am trying to answer these with our series of bulletin items - but here some questions:

1. When Telstra splits into 3 Companies by the end of the year is it true that we will have to resign from Telstra and apply to join these new companies?
No. Technically Telstra terminates you as you are redundant. Then they find suitable alternate employment and transfer you to a new employer (InfraCo). Note Telstra will not split - it is creating 3 subsidiaries and transferring most staff to them.

2. If we do not resign from Telstra will we be able to take a redundancy?
If there is no suitable alternative employment Telstra must pay redundancy

3. If we choose not to move to the new Company will we be dismissed without redundancy entitlements?
Probably.

4. If we move to the new Company will our leave and redundancy entitlements be transferred or will we lose the redundancy entitlements and be paid out annual leave and long service leave?
Yes they will transfer but it is complex - I will do more in the bulletins on this

5. Where did the Purple EBA originate from?
See the above clarification article

6. How does the purple EBA affect us Telstra workers?
It appears now that it will have no effect. It may point to the pathway Telstra will use with InfraCo and ServeCo.

7. Is Telstra Purple treated like a subsidiary company now (or soon)? Aren't they under Telstra EBA? Can Telstra just change the EBA before it's expired?
Telstra purple within Telstra is not a subsidiary. See the clarification above.

8 When does the Telstra Purple EBA come into effect?
It was certified and came into effect last week.

9 How long before the "new" Telstra EBA comes into play and the old one expires - towards the end of the year.
The Telstra EBA has a nominal expiry date of 30 Sept 2021. It will remain in force until replaced. Negotiations for a new EBA will commence soon.




USEFUL QUICK LINKS

  • Transferring to Telstra subsidiaries
  • Terminating AWAs in 2021
  • Forced ARL Fact Sheet
  • Forced LSL Fact Sheet
  • Telstra EBA Notes
  • Telstra EBA19 Undertakings
  • Superannuation Fact Sheet
  • Optus EBA18
  • Post EBA9

  • 0428 942 878 dan.dwyer@cwunion.net Dan Dwyer
    Secretary/Lawyer - industrial matters & advice
  • 0447 365 433 reception@cwunion.net Administrative
    eg payments, applications, change of details
  • Authorised by Dan Dwyer Branch Secretary
    CWU Telecommunications & Services Branch, Sydney City, NSW.



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