CWU NSW T&S BRANCH - BULLETIN NO 1
Background
The Mirait EBA had a nominal expiry date of 25 October 2020. While it has passed its nominal expiry date, the EBA remains in force until replaced.
Your next pay rise is due on 1 July 2021. We commenced negotiations for a new EBA on 18 February 2021. Daniel Harpley (Mirait Tech) and Dan Dwyer (Your T&S Branch Secretary and Union Lawyer) are representing members.
Strong union membership ensures that we have effective bargaining power.
Current Position
We have met on 3 occasions now. At the 25 Feb meeting, we essentially got the significant elements of the log of claims from Mirait.
Mirait assured us that this is essentially the bad news. They argue that you will be better off.
We set out a summary of the important changes opposite. WE also attach the actual amendments to the current EBA.
We have attached the extracts showing the amendments to the EBA. The EBA can be found with a friendly index at CWU Mirait Page (https://cwunion.net/telecom/pbai010.htm)
ATTEND OUR MEETING
The amendments are complex and need to be discussed. We need to know your response and which matters are most important. We also need to know what we should seek to improve the EBA.
We have two ways for you to do this:
The meeting will be at the Ourimbah RSL on a date to be fixed. We will advise everyone shortly of the date and time.
It is important for solidarity reasons that all staff attend this important meeting. This EBA affects your income and conditions for the next 4 years.
Pay Increases - this year
Pay Increases - subsequent years
Pay Increases become optional for most
Hours of Work
Your hourly rate
Your overtime after 2 hours
Stand Down
Meal Allowance
MIRAIT EBA - SUMMARY OF PROPOSED CHANGES
11.1 Employment Status
12.1 Hours of work
(a) The ordinary hours of work for a permanent, full time employee shall be an average of thirty eight (38) hours per week averaged over a four (4) week period;
12.2 Overtime
12.3 Meal Allowance
12.6 Recall to Work
(ii) If an Employee is called back to work between 6pm and 12am Monday to Friday, after having left the depot or worksite at the completion of their ordinary work hours, this will be paid at time and a half (1.5 times) the Employees ordinary hourly rate for the first
1. Talk to Daniel Harpley and give him your feedback.
2. Attend our meeting to hear an explanation from our negotiators, Dan Dwyer and Daniel Harpley. We will explain the proposals and seek your feedback and develop our response.
The wording in the EBA is currently ambiguous - but Mirait has been clear - there will be no CPI increase this year.
The EBA rates will increase in line with CPI but capped:
If your hourly rate is above the EBA rate, and we are told that most staff are in this category, then there is no automatic pay increase each year.
You could go 4 years without a pay rise. The clause proposed by Mirait is:
Employees who are paid an hourly rate in excess of their respective EA classification rate will not be automatically entitled to an increase each year. Increases for these individuals will be based on
You currently work 40 hours per week. The EBA pay rates include a base rate plus 2 hours pay time and a half.
The proposal now is that you work only 38 hours and your pay will not change. Put another way, you will work 2 hours per week less in future for the same pay.
Your hourly rate will increase as in future, the weekly pay will be divided by 38, instead of 40. This is important as you will receive more per hour if you work overtime or receive shift penalties.
Currently you are paid double time after 2 hours. The proposal is that you will receive double time after 3 hours. So there will be an extra hour at time and a half.
New sub paragraphs are added which will allow Mirait to stand you down for an indefinite time without pay,
The allowance will increase from $16.50 to $17.82
11.1 Employees covered by this Agreement shall be engaged on a full-time, part-time, fixed term or casual basis.
(a) Full-time Employees
(b) Full-time Employees are Employees who work an average of thirty-eight (38) hours per week
plus two (2) reasonable additional hours per
on a permanent ongoing basis.
(a) Permanent, full time employees will also be required to work two (2) reasonable additional hours each week to be paid at time and a half of their ordinary hourly rate;
12.2 Employees will be required to work reasonable additional hours from time to time in order to meet the needs of the business. Any such additional hours must have prior approval from the appropriate Project Manager.
(i) For all work done in excess of ordinary hours detailed in Clause 12.1 (a) Employees will be paid at the rate of time and a half (1.5 times) the Employees ordinary hourly rate for the first two (2) three (3) hours and double time (2 times) the Employees ordinary hourly rate thereafter;
12.3 If an employee is required to work overtime for two or more hours without being notified of the requirement for such overtime on the previous day or earlier, they will be paid a meal allowance of $16.50 $17.82 Alternatively, at agreement between the Employer and the Employee, a suitable meal will be provided at the Employers expense.
..
12.5 Saturdays, Sundays and Public Holidays
(b) All hours worked on a Saturday will be paid as follows;
(i) the first two (2) three (3) hours worked will be paid at time and a half (1.5 times) the Employee's ordinary hourly rate;
(ii) all hours after the first two (2) three (3) hours will be paid at double time (2 times) the Employee's ordinary hourly rate
two (2) three (3) hours and double (2 times) the Employees ordinary hourly rate thereafter;
(iii) When called out to work between 6am and midnight on a Saturday the Employee will be paid at time and a half (1.5 times) the Employees ordinary hourly rate for the first two (2) three (3) hours and double (2 times) the Employees ordinary hourly rate thereafter;
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