CEPU e-Bulletin

 Telstra Industrial Action Update

Members will recall that just prior to Christmas, Telstra tried to stop the various industrial actions notified by the CEPU – despite claiming at the same time that the EA employees’ Union campaign was having little or no impact on its business! Those attempts failed and stoppages and overtime/recall bans have been ongoing despite the Xmas lull.

We are aware of a widespread take up of the stoppage action around the 3 days between Christmas and New Year, where members decided to have a longer break.   We are also aware of the widespread use of the log-on half hour action before starting time across Telstra where members are refusing that half hour unpaid overtime. 

There have been other examples of effective action such as in Palm Cove, North Queensland where the press is reporting customer complaints regarding faults with their phones, internet and Eftpos connections for days at a time.

In NSW the Argent network had a major outage with around 25% of national leased line Eftpos services down.

In WA the CEPU suspended some action because of our life and limb policy relating to the bushfires.   We are concerned with reports of local management abuse of our goodwill in this regard.   There have been other actions across all States and Territories of Australia. 

In terms of the EA, members received the 2% from October and a 2.5% sign on bonus (even though we never signed up) . 

Members have advised the bonus timing was helpful in the lead up to Christmas.   All your existing EA conditions remain, i.e. redundancy, penalty rates, long service leave, etc arising from and including agreements reached with the Federal Government. 

Membership consultation - Auspoll

Following requests from State Branches, the Union has decided to take a new poll of members’ views about Telstra’s latest offer. The poll will again be conducted by the independent agency, Auspoll.   Members are being asked what they think of the current Telstra offer and to consider action to further the campaign. 

All members are urged to participate.   You should expect to be contacted by email early in the week commencing 1st February 2010.

Members should be clear, however, that this is not a formal vote on the proposed agreement. Rather it is a “straw vote” which will provide the CEPU with quick feedback to assist with the next steps in the campaign.

 

 Telstra sick leave: know your rights

CEPU members are reporting an increased number of requests from Telstra management to provide proof that they have been sick when they have taken leave. In some cases, the requests have been made weeks after the leave was actually taken.

Members should be clear about their rights in this area. These are governed by the Telstra General Conditions of Employment Award (Clause 25.4).

The Award allows you a total of up to five days paid sick leave without your having to provide a medical certificate.

However, you must provide evidence of illness/injury if:

·         you take more than three days sick leave in a row or

·         you are asked to produce evidence that you were sick/injured within one day of your return to work.

So you cannot be required to produce evidence for short periods of sick leave (i.e. fewer than four days) unless the request is made the day you come back. If you are asked to produce evidence in these circumstances, it can be in the form of a statutory declaration.

 

 M2 Commander Communications

The CEPU has been involved in negotiations with M2 Commander regarding the relocation to Adelaide of Technical Support and Provisioning Team functions currently performed out of North Sydney. 

A number of members have contacted the CEPU regarding their rights and entitlements in this situation.

Some employees will be moving into other roles for M2 Commander at the Sydney centre but others will be made redundant. It is anticipated that the relocation arrangements will be finalised by late February.

Members should seek advice from the Union in the first instance.

 

 Exchange "Makeover Day"

Members would be aware of Telstra’s Exchange “Makeover Day” project which commenced on 5 December last year.

On that clean up day employees were invited to bring along their own paint brushes, lawn mowers and hedge trimmers to clean up more than 200 sites in the largest cities.

Originally, Telstra sought to have employees take up this activity in their own time but subsequently agreed to pay overtime in some circumstances.  For senior staff, however, it was a “love” job.

Subsequently information came out that showed that the Telstra Network Facilities budget had been slashed, with a 20% cut to Network Integrity Works and a 50% cut to Operational Integrity.

In turn Exchange Maintenance including some of the activities undertaken on “Maintenance Day” were obliterated.

Initially a You Tube video appeared on the internet explaining the maintenance cuts but it then suddenly disappeared. 

 

 BSA KPI Fines

As you would be aware the CEPU commenced legal action on behalf of subcontractor members against BSA last year over wages being withheld by BSA associated with KPI fines. As previously reported the matter was settled by Lawyers acting for BSA prior to the court hearing the matter. During the period of this litigation, BSA quite appropriately suspended all KPI fines against their subcontractors.

Since this settlement some subcontractors have been brought into meetings with BSA management and given a document drafted by lawyers for BSA .

The document states in part that the subcontractor is liable to BSA for KPI fines and by signing the BSA document the subcontractor agrees with BSA that this liability is recoverable by BSA. The BSA document further states upon signing the agreement that the subcontractor agrees that he/she can take NO further legal action on such a matter against BSA.

Subcontractors members are encouraged by the Union NOT to sign any document from BSA until obtaining advice from your Union first.

After one subcontractor member just prior to Xmas refused to sign the BSA agreement on KPI fines, alleged typical intimidation tactics were played out by BSA management that resulted in the sacking of the subcontractor member shortly thereafter.

Legal action has now commenced on behalf of this subcontractor in the Fair Work Australia Tribunal and further litigation is pending against BSA.

The CEPU has also assisted with an employment opportunity for this subcontractor member within the Telecommunications Industry by an employer who not only values their employees but treats their employees with dignity and respect.  

The Union has received further claims from other subcontractor members seeking to recover wages unlawfully deducted by BSA. These further claims are currently in the hands of the CEPU legal team.

If any BSA subcontractor has had wages deducted by BSA due to KPI fines should forward the precise particulars to their claim to the CEPU Branch Assistant Secretary Shane Murphy ASAP for assessment of the claim and options to recover wages that have been unlawfully withheld.

 

 Foxtel Digipath preference takes toll on income

Foxtel recently removed the installation of the return path in favour of the new Digipath.

This has resulted in a net reduction of income per subcontractor of around $500 a week.

CEPU Downer Foxtel Subcontractor Members held a meeting last week and are outraged at the net loss of income.

At this meeting our subcontractor claims were developed and submitted to Downer management for rectification by close of business this Thursday 11th February 2010.

Further meetings are planned with ALL Downer Foxtel Subcontractors this Friday to consider the next step in the campaign.

 

Telstra Service Blitz update

Members advise that Communications Technicians (CTs) can still receive Blitz points even though they have been taken “off the box” to undertake other duties.

For a period, CTs were disadvantaged while performing other duties. Techs can now receive 3.9 points. 

Get into the Blitz site, go to “Create”, insert the date then “Other”, add the 3.9 “Off the Box” and the particular task you have been performing.

Hopefully this will alleviate problems experienced by CTs when they were not receiving points whilst undertaking alternative duties.

The CEPU has not been a fan of Service Blitz but if you can earn additional income by performing your normal duties why would you not make use of all the opportunities available?

 

NBN Co consults on network design

NBN Co has begun a national consultation with the telecommunications industry about the design of its proposed network.

In late December the company issued a Consultation Paper outlining the key features of the network. According to the blueprint, NBN Co will operate only at a very basic level (Layer 2) of the Next Generation Network “stack”. It will provide physical access and connectivity for broadband services but all other functions- at both wholesale and retail levels - will have to be provided by the other companies which use the network.

Concerns are being raised in the industry as to how many companies in Australia will have the resources to build national networks on top of this minimal base and consequently the extent to which this model will actually stimulate competition in the wireline space.

The other major design issue canvassed by NBN Co is the number of points at which its telco customers  will be able to access the network.  No number has been fixed yet, but statements by NBN Co Mike Quigley suggest it might be between 100 and 200.

This implies a sweeping rationalisation of the current national wireline network. Its extent can be gauged by the fact that there are currently over 5,000 Telstra Exchange Service Areas (ESAs), 602 of which are located in the denser urban and suburban areas.

The industry is still digesting the full implications of this model. One thing is clear, however: with only some 200 points at which other carriers can interconnect, NBN Co will have to offer not only “last mile” access services but considerable backhaul as well, particularly in rural and regional areas.

This in turn raises the prospect of NBN Co acquiring, in some form, Telstra backhaul assets i.e. a significant portion of the existing Interexchange Network (IEN).

The extent that NBN Co will have to acquire such capacity from Telstra is just one of many NBN issues which remain outstanding, including the overarching question of pricing. Indeed with the fundamentals of network design yet to be finalised, it will clearly be some time before the mainland roll-out gets fully underway.
 

New workplace rights become law

On 1 January, new workplace rights came into force. Together with modern awards, these rights will underpin the conditions of the great majority of working Australians.

The National Employment Standards (NES) establish minimum standards for working hours, for paid and unpaid leave and for redundancy entitlements. They are a key part of the Federal Labor Government’s workplace reform programme which has also involved the reintroduction of unfair dismissal protections and the abolition of Australian Workplace Agreements (AWAs).

The NES also guarantee employees the right to ask for flexible working arrangements so they can care for young children, a request that can only be refused on reasonable business grounds.

Most CEPU telecoms members of course enjoy conditions that are above the minimum set by the NES, especially in relation to working hours and redundancy entitlements. However, the introduction of the NES puts a floor under the conditions of the whole workforce and so helps prevent the race to the bottom that was encouraged by the Howard Government through the introduction of AWAs.

 

Comcare national seminars 2010

The national health and safety regulator, Comcare, will be holding a series of National Seminars during March.

Comcare and industry experts will explore workplace safety culture and showcase strategies and tools to assist organisations to analyse attitudes, explore opinions and most importantly, get positive action.

The seminars will also feature a workshop designed to improve overall workplace health through developing a workplace safety culture. The workshop will explore how such a culture is influenced, implemented and measured.

The seminars are designed to challenge traditional thinking about OHS and are open to all OHS practitioners. They are free for employers and employees covered by the Comcare scheme such as Telstra and Optus employees.

The National Seminars will be held in the following locations:

Adelaide

Monday 1 March

Hobart

Wednesday 3 March

Melbourne

Friday 5 March

Brisbane

Wednesday 10 March

Townsville

Friday 12 March

Darwin

Tuesday 16 March

Perth

Thursday 18 March

Sydney

Tuesday 23 March

Newcastle

Wednesday 24 March

Canberra

Friday 26 March 

 

 CEPU Member Plus!

Members are making serious savings!

CEPU member plus is helping members save everyday. Below are just some of the savings you can make today using  your CEPU membership card:

- Discount petrol and groceries with the Coles and Woolworths gift cards

- Discount movie tickets & video rentals

- Discount theme park and leisure provider entries

- Discount restaurant dining

- Discount financial & insurance services including private health insurance.

- Free journey cover benefit 
new this year

- And much much more.

Members should visit the CEPU's new member benefits webpage to see how it pays to belong to the CEPU by logging on to: www.cepu.org/benefits.htm


 

 

 Dob in a boss

If you have a story to tell and you would like it shared with your fellow members in the e-Bulletin or the CEPU's official magazine "The Communicator", please email it through to:

e-Bulletin: feedback@cepu.org

Magazine: communicator@cepu.org

 

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Please forward this bulletin to fellow CEPU members who may not have their e-mail address on file with the Union. Please encourage your fellow members to subscribe to the e-Bulletin service by emailing subscribe@cepu.org , visiting the Union's website at www.cepu.org or calling the Union's admin team on (02) 9893 7822.

If you have access to a printer, please ensure that you print this bulletin and share it with your workmates who may not have internet access. Always make sure that a copy of the e-Bulletin is displayed on your workplace Union noticeboard.

If you have any questions on any of the above articles, please contact an official at the Union office on (02) 9893 7822.

Yours faithfully,


JIM METCHER
BRANCH SECRETARY

CEPU Telecommunications
e-Bulletin no. 01/10
Wednesday 10 February 2010

Call the CEPU on (02) 9893 7822                             www.cepu.org