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NBN FIELD ENGINEERS-2024

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NBN MEMBERS NOTE

Our Branch has historically represented technicians in the Communications sector and employs very experienced staff. We have Sue Riley (ex Telstra), John Ellery (ex Telstra Senior Tech, Dan Dwyer (ex OTC Senior Tech and practicing lawyer).
To join us and your colleagues with this exercise, join our Branch. Goto the Home page for details.

NBN RESPONSE TO ISSUES - 12 APR 24

EA Proposal
--- Consultation Feedback

--- New proposed position and / or additional response
  • nbn maintains that this is an appropriate industrial instrument that is fit for purpose for the evolving FE role. Importantly, it ensures that FEs get appropriate entitlements for the work that they perform.
  • As a result of EA coverage, FEs would also participate in bargaining for a new EA.
  • Based on the duties of the evolved FE role now and into the future, the FE role is classified at Band 3.
  • In recognition of the FEs skillset, nbn commits that:
  • 1. The development of tiered progression and career pathway across Field Services. This will be formulated by the EOFY;
  • 2. A minimum $109,000 TFR for all FEs; and
  • 3. Salary maintenance for all FEs. That is, the top of the classification band is not a ceiling for FEs. Instead, any future bargained increase would also apply to these employees.
Travel time
--- Consultation Feedback
  • It is confusing and not simple.
  • SOD and EOD has been applied inconsistently across the regions.
  • Employees should be compensated at a higher rate for weekend travel given the impact on lifestyle.
  • There has been confusion regarding the application on how travel is treated when an employee in "on-call".
--- New proposed position and / or additional response
  • nbn will implement a uniform 30 min unpaid commute for SOD and EOD.
  • Outside of SOD and EOD 30-minute unpaid commute time, all other time is "work" time. That is, the nbn EA travel allowance will no longer apply for Field Services employees with a Tool of Trade Vehicle.
  • We have confirmed with employees the intention to apply overtime rates to all travel time associated with a call out when an employee is on call. There is no SOD or EOD application to on-call travel (i.e. all time travelled is paid).
  • Any travel required at weekends will be paid at weekend work rates.
On-call
--- Consultation Feedback
  • Employees will be worse off because of the on-call provision.
  • The on-call allowance favours those on a higher TFR.
  • The view that they must "catch up" in the year through performing on-call duties.
  • TOIL should remain for public holidays (i.e. TOIL plus the standby rate and PH rates).
--- New proposed position and / or additional response
  • nbn proposes the on-call provisions of the EA noting:
  • It is fit for purpose as the provisions ensure that it compensates for both (1) being on call and (2) for the performance of work. This is a more equitable and accurate application as a result.
  • Employees receive overtime rates for time travelled whilst performing the on-call work. For those travelling long distances, this is a generous application and reflects the work performed.
  • The practice of TOIL in addition to On-call payments will no longer apply for working holiday times.
  • Commit to a one off "top up payment" the year following implementation. This would look at overall earnings from one year to another year with requirement for employees to be available for on-call, overtime, and scheduled night work.
Rosters
--- Consultation Feedback
  • There have been concerns expressed that employees will be required to work consistent / regular night shifts and the on-call roster will change.
  • Employees have expressed that they want to either do Scheduled Night Work or On-call, not both.
  • There have been concerns that there is no visibility on future rosters.
--- New proposed position and / or additional response
  • Consistently during consultation, nbn has confirmed its intention that there are limited changes to rosters and no intention to do regular night shifts. That is, employees are not shift workers.
  • This week, leaders are meeting with FEs to reconfirm this position and share anticipated rosters for on-call, and anticipated Night work Volumes.
  • We reconfirm that a part of the purpose of this change is to future proof the FE role, anticipating securing additional project work. That is why employees have been asked to express their interest. The alternative is that this work would continue to be performed by Delivery Partners.
  • This essential work is often only able to be performed at night. If this occurs, then night work may increase occasionally.
  • As outlined, we will seek volunteers for this work. Employees won't be forced to do the work and contracts can reflect this.

NBN RESPONSE TO ISSUES - 5 APR 24

Key items to consider until 11 April 2024

The key outstanding issues that will be the focus of the extended consultation period are:
1 What will rostering look like for employees and are they shift workers?
2 What is the impact of the change in the on-call arrangement?
3 How will travel time operate and the fairness of the application?
4 How are employees classified and covered by the nbn EA?

Whilst we have responded to these concerns and provided information to our employees, we understand that these continue to be areas to clarify.

Other considerations

nbn has consulted with its employees on other considerations. This has occurred through:
- Consultation Feedback Form, "Ask me anything" sessions, 1:1s and consultation materials.
- We have responded to all feedback provided through the dedicated consultation form.

We will continue to respond to this feedback during the extended consultation period. Please continue to send queries through as you receive them.

We look forward to future discussions with you Maria Romeo
Executive Manager Employee Relations People & Culture


The following are responses to our matters raised at the meeting last Friday.
NBN has not responded to all items. See our list further below. - numbered for convenience.

[Our Item 4] Button compliance

QQ The concern is that this was being used as a mechanism to not pay employees.

AA Time recording (like button compliance) ensures accurate payment to employees as well as the required recording of hours worked.

[Our Item 6] TOIL Day for Public Holiday

QQ The feedback is employees won't get TOIL as well as the current on-call allowance.

AA We have confirmed with employees that the EA on-call provisions are proposed to replace the former on-call allowance and guidelines. We regard it appropriate not to provide employees TOIL as employees will get the standby rate plus public holiday rates for any call out received.

[Our Item 7] Lunch break now added

QQ The concern is that employees won't be able to take the lunch break when convenient.

AA As outlined, employees are expected to take a break (lunch or otherwise) and this process doesn't change that.

[Our Item 10] Redundant positions

QQ Have employees been notified their roles are redundant?

AA No. We have confirmed the evolution of the FE role and the future intention of changes to conditions.We have not notified anyone, on an individual basis, that their role is redundant during this consultation process.

[Our Item 11] Redundancy entitlement

QQ What are the redundancy conditions?

AA In the unlikely event an employee becomes entitled to a redundancy payment, the entitlement is as per the nbn EA.

[Our Item 12] Legitimate reasons to refuse shiftwork eg medical, family

QQ Concern employees won't be able to refuse for these reasons.

AA Managers will work with individuals on any medical or family reasons as to why they are not suitable or available for any after-hours work. This operates the same for any employee at nbn who requires flexibility. The desire is to have enough volunteers willing to do the work.

[Our Item 13] On Call hours

QQ Why is it rostered for 14 hours?

AA Because nbn has other coverage from 7am to 5pm through different rostering arrangements Mon-Fri. For weekends it's 24 hrs.

[Our Item 14] FWAFHA

QQ Why is it applicable only after 2 or more nights away?

AA This is a Field-applicable allowance above or in addition to any entitlement within the EA. This will remain as is. There is no proposed change.

[Our Item 15] 10 - hour break

QQ What happens if an FE's break is interrupted?

AA If it is after overtime, the proposal is that the EA provisions would apply (i.e. double time if no adequate break provided, no loss of pay while taking the rest etc).As a business, we want to avoid interrupting a 10-hour break as we want to ensure effective fatigue management.

NBN - SPECIFIC ISSUES WE RAISED

Following our Wednesday meeting, we raised these issues. There was no time to debate them so NBN is responding in writing.

  1. Separate EBA for FEs (variation needs full vote anyway, Band 3 specifically excludes FEs)
  2. SOD EOD issues - no legal basis - not in EBA and must be paid work. A new EBA could introduce such a scheme but not there now.
  3. EOD extend to 1 hour each day - totally opposed.
  4. Button Compliance - is work that must be paid.
  5. On Call - loss of income significant - appears to be reduction from about 30% per hour to 20% ph.
  6. Now TOIL Day for public holiday work
  7. Formal lunch break now added - not reasonable where it must be done when time permits
  8. Shiftworker or dayworker not distinguished. Cannot swap around.
  9. Overtime not shift penalty out of hours work for dayworkers
  10. Redundancy - why are they redundant? See FAQ.
  11. Redundancy what conditions apply - EBA?
  12. Legitimate reasons to refuse shift eg medical, family
  13. On Call hours - why 14 hours?
  14. Away from Home Allowance after 2 days - explain
  15. 10 hour break - interrupted - must start 10 hour again
  16. Confirm that new salary same as TFR.
  17. Effectively TFR is grandfathered - what is future of grandfathered salaries - increase or frozen until EBA catch up. (Immediate response not frozen)

Finally we stated that there was insufficient time for genuine consultation

NBN FIELD ENGINEERS

We held a well attended meeting with members and others last Wednesday evening and answered a number of questions. We identified a number of issues to pursue.

  • We (and other Branches of CWU) then met with NBN on Friday morning to discuss the issues raised by Field Engineers. There was a lot of general discussion to commence.
  • NBN deny that redundancy is a threat to get FEs to sign a new common law contract. We pointed out that their FAQ paper says that is an option if you do not sign.
  • NBN says classifications start at EBA Band 3 despite the fact that Band 3 says "Network Engineer (non field operations)".
  • Our list of issues are set out in the next item. Another issue raised was need to see draft rosters for work and on call.
  • NBN advised that the easiest option is to do nothing. (Editor note: Is it too late? The genie is out of the bottle)
  • Clearly more time is needed and so is a relook at the whole proposal. We are awaiting responses in writing from NBN.


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