In a
ruling
yesterday
of the
Australian
Industrial
Relations
Commission
(AIRC),
the
Commission
backed
the
Unions'
claim
that
Telstra
always
intended
and
planned for
EBA negotiations
to
breakdown
which
has now
resulted
in staff
offers
of a
Non-Union
agreement
to
employees
instead.
The Telstra Unions (CEPU, CPSU, APESMA) sought the AIRC's involvement in the Telstra EBA dispute following Telstra notifying the Unions and it’s workforce mid July that it was walking out of negotiations for a new Union negotiated agreement.
Telstra demonstrated clear contempt for the AIRC by failing to attend an initial mediation that was convened by the AIRC last week but they sent a solicitor and barrister to a subsequent hearing to determine whether the Commission had any jurisdiction in the matter.
In addition to ruling in favor of the Commission having the power to intervene in this dispute and possibly order a ballot to employees over whether they want a Union or Non-Union negotiated Agreement, AIRC Senior Deputy President Lacy said it was “implicit in the ACTU’s further submissions and in the documentation it provided, that Telstra’s strategy from the outset was to make it appear that it was prepared to negotiate an agreement with the Unions but without any real intention to do so.
He went on to say “A fair reading of the documentation certainly gives that impression.
"The documentation suggests that Telstra intended negotiations to proceed to a particular point in time before diverging on another course”. Said Senior Deputy President Lacy. Members will certainly recall Telstra's secret slideshow also known as "Telstra's dirty secrets" certainly shows this.
Hearings with the AIRC continue and members will be kept informed of updates.
Click here to download the full landmark AIRC decision.
The Telstra Unions (CEPU, CPSU, APESMA) sought the AIRC's involvement in the Telstra EBA dispute following Telstra notifying the Unions and it’s workforce mid July that it was walking out of negotiations for a new Union negotiated agreement.
Telstra demonstrated clear contempt for the AIRC by failing to attend an initial mediation that was convened by the AIRC last week but they sent a solicitor and barrister to a subsequent hearing to determine whether the Commission had any jurisdiction in the matter.
In addition to ruling in favor of the Commission having the power to intervene in this dispute and possibly order a ballot to employees over whether they want a Union or Non-Union negotiated Agreement, AIRC Senior Deputy President Lacy said it was “implicit in the ACTU’s further submissions and in the documentation it provided, that Telstra’s strategy from the outset was to make it appear that it was prepared to negotiate an agreement with the Unions but without any real intention to do so.
He went on to say “A fair reading of the documentation certainly gives that impression.
"The documentation suggests that Telstra intended negotiations to proceed to a particular point in time before diverging on another course”. Said Senior Deputy President Lacy. Members will certainly recall Telstra's secret slideshow also known as "Telstra's dirty secrets" certainly shows this.
Hearings with the AIRC continue and members will be kept informed of updates.
Click here to download the full landmark AIRC decision.