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CWU T&S WEEKLY BULLETIN NO 2021 / 13
11 Apr 2021

WORKERS WIN WITH UNITY
After 5 years of not receiving a pay rise, showing up to work everyday through the peak of the pandemic and an employer looking to slash conditions, McCormick workers took to the picket line. Almost 6 weeks later, McCormick workers have voted YES to a new offer!
The new deal secures these workers: $5,000 sign on bonus, 9% pay rise across 3 years., Retaining ALL previous conditions the company wanted to remove, including the 4 day week roster.
This is huge news, and sets the tone for worker negotiations into the future. Australian unions and workers will not back down until they get a fair deal.
If you're one of the thousands of people who donated to support these workers, rocked up to support the picket line, shared their story on social media or a union member you're part of this incredible movement of workers and an essential part of this victory.
As always - this success shows that a united workforce can win. To continue winning, we need to grow our movement.

TRIPLE ZERO - PRIVACY BREACH?
We wrote to Telstra re the suspected data breaches at Triple Zero in Sydney and consequently Privacy breaches. Telstra remained silent. We have been advised that we will get a response Monday 12 April. We have requested that each individual member be advised of any data breaches.

TELSTRA AWA/ITEA DEVELOPMENTS
With the termination of the AWAs, Telstra will need to spell out the new terms and conditions of employment. It should be straightforward. But there are problem areas. Make sure you read the Full Bench decision (below), particularly paragraph 14. Classification and salary may be a problem.

TELSTRA AWA/ITEA - WORKSTREAM OR JOB FAMILY
The EBA defines Workstream Employees as follows
You are a Job Family Employee if you are not a Workstream Employee.
You are a Workstream Employee if:

  • ...
  • you terminate an AWA or ITEA which had expired prior to 24 September 2010, you did not work in a retail outlet at that date and you elect to be a Workstream Employee; or
  • you terminate an AWA or ITEA which applied to you, you perform work which would fall under the Customer Field Workstream or Technical Workstream were you a Workstream Employee, and you elect to be a Workstream Employee.

FWC TERMINATES TELSTRA AWA
Members were advised this week that their AWAs have been terminated. The Telstra letter stated:

    On 7 April, the Fair Work Commission approved our application to terminate our Australian Workplace Agreements (AWAs) and Individual Transitional Employment Agreements (ITEAs).
    As a result, your AWA/ITEA will terminate on 6 July 2021, and the terms and conditions of the Telstra Enterprise Agreement 2019-2021 (Telstra EA) will apply instead.
    This process is about standardising our employment arrangements so that everyone in Bands 2 - 4 (excluding lawyers) will be covered by the Telstra EA. You will not be disadvantaged overall by transitioning to the Telstra EA and most of your terms and conditions will not change.
    You'll be moving to the Job Family model of the Telstra EA
    Under the Telstra EA, there are two work models - the Workstream model and the Job Family model.
    Based on your current role and agreement expiry date, you'll move to the Job Family model. However, this may change if you move roles or your workcode changes before your AWA/ITEA terminates. If you'd like more information on the Job Family and Workstream work models, please refer to AskHR.
    Next steps and support
    In the week of 26 April, you'll receive a letter that provides you with an overview of your pay and conditions under the Telstra EA. It will also contain any AWA/ITEA terms and conditions that we'll continue to recognise.
    In the meantime, we encourage you to read the Telstra EA to better understand the terms and conditions which will apply to you from 6 July 2021.

AWA FAIR WORK DECISION - APRIL 2021
We have set out the full decision in our Fact Sheet No 5. See Terminating AWAs in 2021
The Full Bench Stated:

    [11] It is apparent from the terms . of Schedule 3 to the Transitional Act that the Commission's role is quite limited. The FWC must approve the termination . if it is satisfied that:
    * the IABTI applies to Telstra and the employee
    * Telstra made the declaration required.
    * Telstra gave the employee the notice.,
    regardless of whether or not the employee to whom the IABTI applies agrees to the termination.




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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