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CWU T&S WEEKLY BULLETIN NO 2021 / 15
25 Apr 2021

MAY DAY MARCH - PARRAMATTA
Join us for the May Day March and Family Fun Day - Saturday, May 01, 2021 at10:30am Prince Alfred Square, Church St, Parramatta. There will be rides, food, bands and entertainment.
Everyone will assemble at 10:30 am at Prince Alfred Square. There will be speeches from workers and then a march to the historic site at Willow Grove where a Green Ban is in place. Help us celebrate the achievements of workers across the nation. Lee Walkington

CANBERRA PUBLIC HOLIDAYS AND SHIFT CHANGES
Telstra still insist that staff working in Canberra are not entitled to Public Holidays in Canberra eg Canberra Day, Anzac Day. We have written back to Telstra seeking payment for several public holidays. . Our letter said in part:

    First we note that the Manager has commenced to consult staff when attempting to change their RDO's. We thank you for your intervention.
    Secondly we reject the (manager's) interpretation of the EBA and now add to our initial representation.
    These staff have been working in Canberra since October last year and have been advised that they will continue to work there until June at least.
    The EBA states:
    35.1. Telstra will observe as public holidays:.
    35.2. Where you live and work in a different State, Territory or locality, you will be entitled to the public holidays in the State, Territory or locality where you usually work.
    35.3. Public holiday conditions will apply on these days..
    35.4. If you work (not live) in a place in which a public holiday has been declared or prescribed, you can have the day or part-day off and be paid;
    or, if you are required to work, you will receive the prescribed penalty or overtime rates where you are eligible.
    Managers are acting inconsistently.For example, the Managers assert that the NSW staff usually work in NSW and Vic staff usually work in Vic. Yet on Monday 16 March 21, we are advised that the Vic Staff worked in Canberra as a normal day. The Monday 16 March is Labor Day in Victoria and a public holiday. Yet the Manager has ignored clause 35.2 of the EBA. He has not paid public holiday overtime rates for that day

TRIPLE ZERO DATA BREACH?
We continued our exchange of letters with Telstra. The latest rather curious response from Telstra said in part:

    I would like to confirm that we have found no evidence of a privacy breach in respect to recent E000 recruitment activity.
    The information available via the job advert was a link to relevant employees internal Workday profiles. Workday profiles include access to:
  • an employee's name, Telstra email address, work address, work phone number(s) job title and reporting line;
  • a `professional profile' section where users may choose to enter optional additional details regarding their previous work experiences, professional skills and job histories as well as education information; and
  • visibility of employee feedback where it has been nominated that this be shared with others (further details below).
    The above information was and is only made available internally via Workday and Outlook, as is intended by the normal application of the system. No additional personal employee information was made available as a result of the job advertisement, clicking on the contacts from the advertisement simply diverted any internal users to these profiles in Workday. To be clear information such as home address, date of birth, emergency contacts, salary and personal phone numbers etc were not and are not accessible to others internally or externally.
    Only authorised HR reps and managers (where there is a direct reporting line relationship) are able to view certain relevant personal employee details.
    What we did look into further after my initial response, was the Workday feedback tool and visibility of employee feedback in Workday. We have consequently engaged the system administrators to better understand this feature.
    They have explained that there is a `share with others' option in the tool which allows the feedback to be viewed internally by other Telstra employees if the initiator elects to do so at the time of submitting. Alternatively, there is the option to only have this feedback visible to the employee/their manager.
    This is an intended function of the system designed to promote a transparent and open feedback culture.
    Through our review it appears there was an example of a manager who selected that their feedback about a staff member be `shared with others' in error.
    This has subsequently been removed and the employee advised.
    Importantly, descriptions of both options (`share with others' or `share with me') and who can view the submission for each option are made clear in Workday when a person submits feedback. However, as an additional step, we have now introduced an alert if feedback is submitted as `share with others' as a final check to ensure the sender intends to select that option.
    Given the access to information available is as per our normal operations, we do not intend to issue a broad communication, however leaders in the 000 centre have been reminded of the process.

NBN CO UNDERPAYMENTS
We have received the following advice from NBN.

    Overtime: While each employee has been paid, at overtime rates, for each hour of overtime they worked, there was approximately 50 current and former employees who had an entitlement to a minimum 3 hours of overtime. This related to minimum overtime payments for planned after-hours overtime worked. As at 31 March'21 we have made good on the difference between the overtime they worked (and were paid for) and the 3 hour minimum entitlement. This amounted to $78,827 in total, including interest for both current and former employees.
    Meal Allowance: The other issue was meal allowance. When an employee worked overtime at short notice and that overtime goes for more than 4hrs 20 mins then the employee was entitled to a meal allowance. The meal allowance had not been claimed by some employees. There was approximately 153 current and former employees impacted and the total remediation amount was $75,655. Any historical shortfalls were paid at the current 2021 pay rates and then interest was applied.

NBN added that they "have educated all relevant managers on these entitlements and put in place systems to prevent this from happening again."


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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