OVERVIEW

The new EBA was certified on 19 June 2020. It added new LSL provisions. Clause 33.3 has been added. See the full Telstra EBA19

33. LONG SERVICE LEAVE

33.1. You get 3 months of long service leave after 10 years of service, and a further 9 calendar days for each additional year of service.

33.2. Further details of your long service leave entitlement are set out in Telstra policy and in the Long Service Leave (Commonwealth Employees) Act 1976.

This Act:
a) will apply to you until this Agreement is terminated or replaced; and
b) overrides any entitlements to long service leave under State or Territory laws.

33.3. While the Agreement is in operation, and subject to legislative requirements, Telstra will not modify the provisions in Telstra policy that set out the circumstances in which Telstra may require an employee to take long service leave.

73. TELSTRA POLICIES

73.1. The application of this Agreement is supported by Telstra policies. This Agreement prevails over policies to the extent of any inconsistency.

73.2. Whilst Telstra policies are not incorporated as terms of this Agreement, Telstra will consult with employees and unions about any changes to Telstra policy which may have a demonstrable effect on employees' pay and conditions.

FORCED LONG SERVICE LEAVE POLICY

In 2020, Telstra issued a new policy to meet the EBA requirements. It states:

Employees with over 90 days accrued Long Service Leave by the first of January each year are expected to make an application to take 9 calendar days LSL within the calendar year in which the application is made.

Subject to operational requirements, the LSL may be taken at a time of the employee's choosing. The application for LSL must be made by 30 June.

If two applications to take LSL, covering two separate periods are presented by the employee and are declined by Telstra, Telstra will not then direct the employee to take 9 calendar days in that calendar year.

If the employee doesn't make an application for 9 calendar days LSL by 30 June, Telstra and the employee will work together to find a suitable time for the employee to take 9 calendar days.

If no mutual agreement can be made about taking the LSL, Telstra may direct the employee to take 9 days LSL during the same calendar year, provided that:

• The employee is provided at least 3 months' notice of the requirement to take LSL; and
• The manager considers individual circumstances raised by the employee. Examples of individual circumstances that will be taken into account include family/carer responsibilities, plans for a longer holiday or an event (e.g., wedding) and the impact on work group/team in terms of resourcing.

If an employee chooses to take a period of 7 days LSL in a calendar year, a minimum additional period of 7 days should be taken to ensure the employee meets the minimum annual requirement of 9 days LSL.

If an employee makes an application to take at least 18 days of LSL in the subsequent year and the application is approved, the requirement to take 9 days within a calendar year will be waived.

FORCED LONG SERVICE LEAVE NOTES

The old EBA does not allow Telstra to force you to take LSL.

If you have less than 10 years service, you have not accrued LSL - but you may be entitled to if in some circumstances.

The new provision calls up Telstra Policy which will not be changed during the life of the agreement.

There are several important matters:
1. You must have accrued over 90 days on 1 January.
2. If so, you may be required to take 9 days LSL in that calendar year.
3. The 9 days are calendar days.
4. You may choose the time (subject to operational requirements)
5. Other provisions apply.

OUR HELP

If you are asked or directed to take leave outside these parameters, we are here to assist. See below for contact details.

WHAT WE SAY We (CWU T&S Branches) do not agree that the policy is legally enforceable. We believe that a test case should be run in the appropriate Court. The policy effectively negates the benefits provided by the Long Service Leave Act. Our National office is not prepared to challenge the policy of Telstra despite legal opinion that a case may exist. The question is still open.

WHAT TELSTRA SAYS

Following certification, Telstra sent an email to staff. This is an extract:

To recap, the EA will also lock in a range guaranteed benefits including:
• A guarantee that you'll only be required to take the additional 9 days accruing each year if you have more than 90 days long service leave - and the flexibility to take it at a time that suits you and the needs of your team

VIP - CONTACTING US
Please note the following changes as we simplify our phone numbers
0428 942 878 dan.dwyer@cwunion.net Dan Dwyer Secretary/Lawyer - for 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.