EA 97-98 FIGHT

- THE EA EXPLAINED - LEGAL OPINION

EA - RULES FOR ORDINARY HOURS

Here is the complete set of rules for full time staff, proposed by Telstra:
11.1.1 Ordinary hours of work... 36.75 hours per week.
11.1.2 The span of ordinary hours will be from 6.30am to 7.00pm Monday to Friday and 7.00pm to 6.00 pm on Saturday.
11.1.3 Within the span of ordinary hours, the normal start and finish times will be determined by the relevant manager..... (M will consider customer needs and you).

EA - WHAT IT ALSO SAYS
3.2 "this agreement overrides the operation of any award or agreement.... to the extent of any inconsistency."

EA ORDINARY HOURS - WHAT IT DOES NOT SAY
1. It does not say that you work 7h21m per day.
- all the protective clauses in the Award are overridden.
2. It allows hours to be spread over 3, 4, 5 or 6 days.
- eg 3 days at 12 hours
- eg 6 days at 6 hours
- eg Sat 12 hours, Mon 12 Hours, Tue off, Wed-Thu-Fri 4 hours
3. It allows split hours on one day
- eg 6.30am to 9am and 4pm to 7pm on the same day.
4. No notice is needed for change of hours.
- eg you could be called in without any notice (it is NOT overtime)
- eg you could be sent home if it is wet or there is no work
5. There are no minimum hours
- eg you could be called in for 1 hour in ordinary time (not overtime)
- eg you could be called back in ordinary time after finish
6. The family concept of a week-end has gone
- eg consecutive days off (Sat/Sun or Sun/Mon) are gone.
- eg you could be given any day off (if not working 6 days)
- eg days off may be Sun and Wed, or Sun and Thu or just Sunday
7. There is no need for notice of rosters
- eg your hours can be determined daily
- eg you could be told your finish times when you start each day
- eg you could be phoned each day and told your hours for that day
8. Cl 11.1.3 says staggered start and finish times may be introduced
- eg start 6.30 today, 2pm tomorrow, 8am next day etc
9. Cl 11.1.3 allows start and finish times to vary day to day
Of course this is just a scare campaign by a union lawyer. Telstra would not do any of the above. They just want the right to do it. That is why the EBA is so cutely worded.

EA - FLEXTIME AND ROSTERED DAYS OFF
Flextime has gone. RDOs have gone. Clause 11.1.3 applies to all staff AO, CO, TO, CSR, M etc. Start and Finish times are set by the Manager. He must consider your preferences BUT he decides and he must give priority to customer needs.

EMERGENCY OVERTIME AND CALL OUT
The overtime clauses are so worded that emergency duty or recall has been overridden by the EBA. There will be no minimum call out time (currently 3 hours) and no payment for travel time.
Even more importantly, if called out in ordinary hours, you will NOT get overtime. (unless you have exceeded 36.75 hours)(they will reduce your hours for the rest of the week to prevent overtime at the end.) If called out outside ordinary hours Mon-Sat, you only get time and a half for the first 3 hours of actual work (travel ignored) thence double time.

PUBLIC HOLIDAYS
If you work on a public holiday, you will be paid ONLY time and a half ALL DAY. ie 50% extra. See Cl 11.9
If you have exceeded 36.75 hours you will be paid double time and a half. See clause 11.3(c)
- Thus you can be expect to have your hours manipulated so that you work ordinary time on public holidays and any overtime on other days.

FACTS, FACTS AND MORE TELSTRA LIES
Sour Future 17 Oct had a little "Fact File" box which said:
"If something is not actually specified in the EA, then it will not be changed by the Agreement and will continue as it is now"
Well, have a look at the EA shift work clause as an example.
It says: Cl 12.2 "Employees who work a shift, any part of which falls outside the period 6.30am to 7pm Mon to Fri will be paid an allowance of 15%."
Does not Saturday and Sunday fall outside those hours?
Isn't there an inconsistency with the Award (penalties of 50% to 100%)?
If there is an inconsistency, what happens? The EA says:
Cl 3.2 "this agreement overrides the operation of any award or agreement.... to the extent of any inconsistency."
Thus all Sat and Sun shift penalties reduce to 15%!
You don't have to be a bush lawyer to see that we require words to say that Saturday and Sunday provisions in the Award are not affected! Telstra says penalties do not change. The EA does not reflect Telstra's statements to staff.
PLEASE DO NOT BE MISLED BY SIMPLE STATEMENTS!

SHIFTWORK - SAT & SUN AT 15%
Cl 12.2 "Employees who work a shift, any part of which falls outside the period 6.30am to 7pm Mon to Fri will be paid an allowance of 15%."
See also Cl 11.9 above and Cl 3.2 above.
The sweeping language overrides the Award.
Thus according to the EBA, all shifts including Sat & Sun (except a public holiday) are paid at 15%.
Public holidays will be 50%.
How does Telstra support its claim that Sunday penalties remain at 100%? Why does Telstra refuse to change the words to reflect what they are advertising?

LIES, LIES AND MORE LIES
Why didn't Telstra give you the actual EBA document - well the answer seems to be that the management briefing kit and the eba contradict each other! It is too big to cover everything, so here is one:
The slide you saw said:
"Extension of exclusion to overtime for ALL staff who receive a base salary of $51,190 pa or more"
The proposed agreement said:
"The overtime provisions of clause 11 of this agreement shall not apply to employees who receive a base salary of $51,190 pa or more OR (OR) whose jobs involve managerial responsibility."

STO1, CO7 AND AO4 & MORE TO LOSE OVERTIME?
Who is not eligible for Overtime now? (read above clause - note: proposed agreement states a non indexed figure, not a salary level such as AO4 max)
1. AO4 max (receives $51,190)
2. PTO2 and PTO3
3. PTO1 (2% pay rise takes salary above $51190)
4. CO7 (2% pay rise takes salary above $51190)
5. CO4, CO5 and CO6 whose duties INVOLVE managerial responsibility
6. STO2, STO1, TO2 whose duties INVOLVE managerial responsibility and so on in AO, CSR ranks