Welcome back after a busy 2023. This year will also be a big one. We already have industrial action in ESTA seeking a better EBA. And later this year we have the Telstra EBA, and a demand for catch up after poor pay rises over the period of high inflation.

E000 BULLYING

This matter was the subject of a Conference in the Fair Work Commission last week. Proceedings are confidential. The outcome of the Conference was as follows:
- A high level Committee consisting of Union representatives and Telstra managers
- The first meeting will commence looking at the issues on Friday 30 January. (More below)
- We withdrew our Application.

E000 COMMITTEE

We are compiling our list of issues and seek any further from you. Our list of issues so far are:
- SOA 3 Seconds.
- SOA - any key to answer, in addition to mouse.
- NN Misdirected Calls.
- Secret Files.
- Pay variations.
- QR Process.
We will have our delegates from Sydney and Melbourne on the committee.

GOOD NEWS FOR AGENCY STAFF

[the following is extracted from the Fair Work Website]
New Rules for labour hire workers started on 15 December 2023. Any Orders made by the Commission won't come into effect until at least 1 November 2024.
Employees, unions and host employers can now apply to the Commission for new types of orders relating to labour hire employees.
When one of these types of orders applies, a labour hire employer must pay their employees supplied to a host employer at least the same rate they'd receive under the host employer's:
- enterprise agreement, or
- other kind of instrument that provides for terms and conditions of employment (for example, a public service determination).
The orders are subject to certain rules too.
Obligations of host employers
Where an order has been made, host employers must:
- notify the labour hire employers covered by the order when a new enterprise agreement has been approved that will, if it comes into operation, become the instrument covered by the order
- apply to the Commission to vary the order if they engage another labour hire employer and their employees to perform the same work as those already covered by the order
- notify potential and successful tenderers of the possible effect of the order on them.
Exceptions
The Commission can't make an order if:
- it's not fair and reasonable in the circumstances
- the arrangements are for a service to be provided rather than the supply of labour to a host employer
- the host employer is a small business employer.
In addition, an order won't affect:
- employees engaged in training arrangements under state and territory laws
- certain short-term employment arrangements (usually 3 months or less).

ASK THE EXPERT: GETTING EARLY ACCESS TO SUPER ISN'T EASY

[This Article is extracted from the newsletter TheNewDaily published on behalf of Industry Super Funds.]
Craig Sankey Jan 07, 2024
Question? I'm 57 and just become unemployed. We are a sole-income family (now zero) with sizeable superannuation funds behind us. I have $600K+ while my 53yo wife has about $80K, but our problem is we still have a home loan owing $360K which we would like to clear. How can I access my super to clear the home loan before it becomes a negative situation for us?
Is it wise, or even possible, to draw on super to pay down a home loan?
There have been many reports recently in relation to the increase in people approaching or entering retirement with sizeable debt. So you are definitely not alone.
The `preservation age', the age when you can first meet a retirement definition for super, will be 60 from July 1, 2024 for everyone. The preservation age gradually moved from 55 to 60.
Unfortunately, you won't be able to `clear' your loan until you at least reach age 60.
The rules about accessing any of super are very tight.
You may be able to access some of your super under severe financial hardship grounds, but you would have had to have been in receipt of a Centrelink payment, such as JobSeeker, for at least 26 weeks first.
There may also be tax implications if taking money out of super before age 60.
Or, perhaps under compassionate grounds. However, again the rules are very strict.
This could only be possible if your loan was in danger of going into foreclosure. The maximum amount released in each 12-month period must not exceed three months of repayments plus 12 months of interest.
When you do reach age 60 you can take 10 per cent of your super out each year (tax free).
To take more than this the rules are again quite strict.
You will need to meet what's called a `condition of release', which could be ceasing an employment contract or declaring to your super fund your intentions on retiring from the workforce completely.
You should discuss the options with your bank and look at applying for JobSeeker with Centrelink or finding more employment if possible.