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[Authors observation: This is a remarkable event as the sub contractors are
performing work for contractors such as Alstom, ABB, BSA and Stream.
Foxtel contracts its work to these intermediary companies.
Thus the offer bypasses the intermediary companies - remarkable!]
Kim William
Chief Executive
16 March 2004
Mr Laurie Chalker
Branch President
Communications Electrical and Plumbing Union
NSW Postal and Telecommunications Branch
3rd Floor, ;81 George Street
PARRAMATTA NSW 2150
Dear Laurie
Further to our discussion of this afternoon, I am writing to confirm that FOXTEL Management Pty Limited has circulated an offer to its Cable and Satellite Installation Contractors, who in turn engage subcontractors for the installation of FOXTEL.
This letter is intended to assist in resolving the immediate issues that lie between those firms, the subcontractors and the CEPU, acting as representative for a number of the subcontractors:
The $1000 training payment offer made by FOXTEL remains. Based on our discussions, it has been adjusted as follows:
- FOXTEL will make available for direct payment to each subcontractor currently
engaged and providing continuous service an amount of $400 per week (pro rata
for contractors working less than full time) for each of the next five weeks.
- $200 per week of this shall be treated and paid as a training allowance;
- $200 per week will be made as a good faith stabilisation payment as the subcontracting workforces familiarise themselves with digital activities and as the pattern of installation for new and migrating FOXTEL subscribers normalises.
1. the amounts will be paid in full to individual subcontractors;
2. an Installation Forum including the CEPU, the Installation Companies, and relevant representatives of the subcontractors and representatives of the subcontractors and representatives of FOXTEL Management (as customers for the services of the installation companies and their subcontractors) will be held in Sydney on Monday 22 March 2004.
3. the Subcontractors return immediately to work and agree to work through the period of the next five weeks;
4. During the next five weeks, FOXTEL will have produced a comprehensive assessment of the average time taken for migration and new installations. This information will be shared with members of the Installation Forum so as to inform a discussion as to the sustainability of the rates already advanced.
5. If, following the review period, there is an agreed increase in any of the rates FOXTEL will back-pay the contractors for flow through to the subcontractors from the date of this letter. The $200 per week good faith stabilisation payment will act as a credit for any back-pay if it is required.
The Installation Forum, being convened by POXTEL, is intended as a general opportunity to get all of the specific issues out on the table as they relate to each of cable and satellite workforces (conducted In separate sessions). Needless to say any discussion relevant to any individual firm and its rates will need to take place with that firm alone in order that we appropriately comply with applicable trade practices legislation.
I also undertook to better understand issues that might pertain to restrictions which may apply to some installers potentially being constrained from their ability to provide services to different installation companies. I will do this over the course of the coming review period.
I will respond to you tomorrow as to the agreement of the installation companies to attend the forum. I will make representation to the contracted installation companies that you have requested payment for the representatives who attend Monday's forum.
I trust that the installation subcontractors can see their way clear to accept this offer which is made in constructive good faith wrth a view to ensuring that FOXTEL and its contracted installation companies and the subcontractors can have good developed common understanding as to the processes and applicable payments attaching to the new digital product and its installation, We are committed to arriving at workable outcomes so as to ensure continuity of supply to our Australian consumers.
Yours faithfully
Kim Williams
Chief Executive
Source:
Communications Electrical and Plumbing Union of Australia
NSW Postal and Telecommunications Branch
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