Notice of legal protected industrial action

All CEPU Members working for Telstra are advised that the CEPU has called a NATIONAL ban on Overtime,  Recalls and Emergency Duty Call Outs ACROSS ALL AREAS OF TELSTRA commencing

12:01AM WEDNESDAY 23 DECEMBER  2009 UNTIL FURTHER NOTICE

These bans are directed at all  CEPU  members employed by Telstra who are employed on the existing  (although expired) Enterprise Agreement or an expired  A.W.A., ( but does not include those members working under a current AWA or recently introduced E.C.A. ). These bans have been applied in all States and Territories of Australia. 

It is important to note that all Industrial Action undertaken throughout  South Australia and Northern Territory  has been  LAWFUL  and  PROTECTED  in accordance with the  Fair Work Act - 2009  and all decisions handed down by  Fair Work Australia  (previously known as the Australian Industrial Relations Commission). Be aware of Telstra managers who speak with forked tongue and attempt to imply that this action is either UNPROTECTED or UNLAWFUL.

All eligible  SA / NT  members are urged to participate in conjunction with their colleagues Australia wide and follows membership surveys that overwhelmingly rejected Telstra’s attempts to divide staff with unfair and unjustified disparity between the  EBA  wage offer and that offered to  ECA  staff last year.

Membership consultation and surveys conducted across Australia in recent weeks indicated that  89%  were committed to securing a fair and reasonable pay outcome for our replacement  EBA.

Important advice for members

To take part in this CEPU authorised  Protected  Industrial  Action  you must be:

1. Currently employed with Telstra.
2. A current member of the CEPU - if you are not a member you can join now online at http://www.cepuconnects.org
3. Employed  under  the  terms and conditions of the current  Enterprise  Agreement  (EA)  or  an  Australian Workplace  Agreement  (AWA)  which has already passed its nominal expiry date.
4. Only the action notified  in the places listed on this notice can be taken - no other action can be taken by anyone other than those working within the workplaces listed in this notice.
5. Emergency  and  life  threatening  services  should  always  be  carried  out. Call the Union if you are unsure about the nature of the work assigned to you during Protected Industrial Action periods.
6. Members  are  to  contact  their  Union  immediately  if   any   manager   threatens   to   injure   their employment  in  any  way  for  taking  part  in  any  authorised  Legal  Protected  Industrial  Action.

If  you  require  further  information  in  relation  to  this  Protected  Industrial  Action,   please  contact John  Lee  (0418 807683) or Steve Butterworth (0419 415824).

Industrial action specifically directed towards members working in the C&M and I&M Groups within Service Delivery SA/NT

Bans on unpaid work began on  Monday,  14th  December,  2009,  UNTIL  FURTHER  NOTICE,  commencing with  ‘START  OF  DAY  LOG-ON  PROCEDURES.'

If your nominal start time is (say 7:30 am), you are required under the current Enterprise Agreement to commence your Laptop Log-On 30 minutes prior. (ie 7:00 am).

Members in  C&M  and  I&M  are requested to now commence their Log-Ons at  7:30 am - being their nominal start time - (rather than  7:00 am)  as PROTECTED  INDUSTRIAL  ACTION.

‘END  OF  DAY  PROCEDURES’  will be considered at a later stage.

If you are unsure, please ring John Lee or Steve Butterworth at the Branch Office on  (08) 8232 5999.

Authorised by :-   John Lee,  Branch President,  CEPU - Communications Branch  (SA / NT),  Adelaide.

Welfare Fund

Members who are not involved in the key area action, should donate to the  'CEPU  Members Welfare Fund' to help sustain those members who are out on strike for extended periods in the key areas.

The details of the welfare fund payment process are as follows:

• Cash paid over the front counter of the Branch Office at 40 Hurtle Square, City.
• Cheque  or  money order made out to the  CEPU  Welfare  Fund  and  posted  to  the  Branch  Office,   40  Hurtle Square,  Adelaide,  5000
• Credit Card over the phone to the Branch  -  (08) 8232 5999. (There is no BPAY facility).

If you wish to make a claim to help with any hardship being experienced, please contact JOHN LEE,  Branch President,  on  (08) 8232 5999..

The Welfare Fund is administered by a three person committee elected by the Committee of Management and it will be separately audited and published to members so that they can keep abreast of its operations.

All donations to the fund, and any hardship claims on the fund, are strictly confidential.

Good faith bargaining in Telstra- what you need to know

25 June, 2009

The CEPU and Telstra have now begun talks aimed at reaching a new Enterprise Agreement in the company.

The formal process of making the new EA will be governed by Labor’s new Fair Work Act  which commences on 1 July.  This is when Labor’s “good faith bargaining” rules come into operation.

But the way the negotiating parties behave right now can also be taken into account in future if there is a question about whether they have bargained in good faith.

It is important that all CEPU delegates and other members understand the rules of good faith bargaining and the obligations it puts on both Telstra and the CEPU.

WHAT IS GOOD FAITH BARGAINING?

Under the Howard Government’s workplace laws, employers did not have to bargain with employee representative organisations (i.e. unions) at all.

Under Labor’s laws, this will change. A company which wants to get a new agreement with its employees MUST negotiate with their chosen representatives.

They must also bargain with them in “good faith”. The Fair Work Act spells out what this means. Telstra must:

• Attend and participate in meetings at reasonable times
• Disclose relevant information in a timely manner
• Give genuine consideration to any proposals put by the CEPU and give reasons for its response to them
• Not act irresponsibly or unfairly in a way that undermines bargaining or employees’ freedom of association (i.e. union) rights.

The CEPU and any other employee representatives bargaining with Telstra must also observe these rules.

WHY DOES IT MATTER NOW?

Although the Fair Work Act does not start to apply to bargaining until 1 July, the way Telstra and the CEPU behave now can affect certain decisions further down the track.

For instance, if Telstra decided to just walk away from the bargaining table, as it did last year, it would be possible after 1 July to get an order from Fair Work Australia (the new industrial umpire) to make the company continue negotiations. Fair Work Australia would be able to consider Telstra’s behaviour now in deciding whether or not to make such an order.

The same rules apply to the CEPU. For instance, if negotiations with Telstra broke down and the CEPU was forced to consider taking further industrial action, our bargaining behaviour both before and after 1 July could be taken into account by Fair Work Australia before it authorised such action (or another ballot for industrial action).

KEEPING THEM HONEST

Telstra’s decision to put its best foot forward and start Enterprise Agreement talks before 1 July shows it understands the importance of playing by the new rules. For its part, the CEPU has suspended its industrial action campaign to show its commitment to the good faith bargaining process.

Over the coming weeks, it will be important to make sure that Telstra honours this “truce” and does not engage in any behaviour which could undermine the bargaining process or unfairly affect our members.

This includes any attempts to intimidate or discriminate against CEPU members on the basis of their participation in the union’s industrial campaign. Such action would be contrary to the principle of freedom of association and would be in breach of the good faith bargaining rules.

CEPU delegates and other members should immediately report any instances of such discrimination to the union.

A POSITIVE START

Finally, it is important for members to be aware that the new good faith bargaining rules do not impose any obligations on either Telstra of the CEPU to accept each other’s proposals or in fact to come to an agreement at all.

However, the CEPU is optimistic about the possibilities of establishing a better working relationship with Telstra’s new management than existed under the former regime.

While it is still early days, the meetings which have been held so far have proceeded in a positive way.

It is to be hoped that they can be concluded in the same spirit and deliver an agreement which reflects a proper respect for Telstra employees and their contribution to the company.

Members will be kept informed of developments.  For more information contact your union or call 1800 102 360 or go to www.cepuconnects.org

Authorised by:   E. Husic,   CEPU - Communications  Division

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Enterrpise bargaining - what's next?

June 23, 2009

With the Federal Government’s new workplace laws about to come into effect, there are opportunities for Telstra staff to win better outcomes at work.

Door opening on negotiations
Telstra have returned to the negotiations, and committed to the “good faith bargaining” provisions of the new Fair Work Act.  Telstra unions hope these moves mean a change to Telstra’s aggressive and legalistic approach of past years. Two initial meetings have been held.  Discussions have been about bargaining arrangements under the new laws, and provision of information about some of the major issues e.g. details of various classification structures and performance pay arrangements. 

While negotiations have recommenced a positive outcome is far from guaranteed. Telstra employees will need to be prepared to stand up and support the issues that are important to them.

One Telstra agreement?
Telstra has said its bargaining focus is staff still covered by the Telstra Enterprise Agreement 2005-2008. This approach may leave in place the many non-negotiated, non-union employee collective agreements (ECAs) – a product of Telstra’s “divide and conquer” tactics of last year. Many staff have said they want to see a single agreement, including ECA areas.  The new legislation allows unions to apply to the new independent umpire – Fair Work Australia - for a ‘scope order’ if there is a disagreement on who will be covered by a proposed agreement.

Choice for AWA staff
Despite the Government’s decision to ban all new AWAs over a year ago, some Telstra staff remain on AWAs with expiry dates running as late as 2013. Under the new laws, employee and employer can agree to “conditionally terminate” the AWA before the expiry date – so long as the proposed enterprise agreement is approved. This would allow the affected employees to vote on the new collective agreement – and if approved - the AWA would cease to operate. Telstra unions will talk to AWA staff who want to be covered by the enterprise agreement about their options.

Industrial action
Recent amendments to the new legislation mean that unions will be able to apply for continuation of protected industrial action arrangements beyond 1 July.  If approved, this will mean the members will still be able to take protected industrial action. 

Building support
Technical moves like applying for orders are not enough by themselves - we will need to build support for our case.  Telstra unions will be asking you and your colleagues to  demonstrate your support for a single, union negotiated collective agreement, and for choice for AWA staff to be covered by it. 

We need your help
We need to talk to all members and potential members to provide information about their new rights and build support for the campaign. If you can help get this information out to all Telstra staff, let us know by calling 1800 102 360 or go to www.cepuconnects.org.

What if I’m not yet a member?
If you haven’t joined your union yet, the most important way to show support is by joining up! Call 1800 102 360 or go to www.cepuconnects.org  to join.

Where can I find out more? 1800 102 360 or go to www.cepuconnects.org.

Can you trust Telstra’s advice?

29 January, 2009

Telstra HR have been forced to admit that some local managers have given incorrect information to staff about redundancy rights in the latest agreement proposals.  Team leaders are also under huge pressure from above to get ECA votes through before workplace laws change.  So before you make a decision about your future – make sure you get all the facts from your union. We are industrial experts…and we’re on your side.

Industrial action having big effects
Of course, Telstra are playing down the unions’ campaign, but we know its working.  Recent developments include:

• Three+ weeks delays in tickets of work in maintenance (services) and installation (provisioning);
• At least three separate delays to banks being cut over under Telstra’s new transformation project;
• Major failures in EFTPOS and ATM services -  up to a third of the network down. Failures at Fuel Stations and the IGA grocery chain;
• Shutdown of alarm indicators at the Global Operations Centre which showed overload of faults; Telstra has been forced to downgrade alarm status of faults to make them appear less important; and
• Transmission and network failures e.g. Austpac, mobiles in Queensland, WA and Victoria, major NAB outage, Service Delivery in Adelaide leading to six times the delay in repairs.

This disruption is Telstra’s fault. HR needs to come back to the table so we can get on with negotiations.
By voting No to Telstra’s offer and supporting the unions’ campaign, you can make a difference.

Is the voting system fair?

Concerns are growing about online ECA voting, as a voting record goes straight to your Telstra email address.  Many staff want Telstra to use the Australian Electoral Commission, but even when the AEC is involved, Telstra won’t release vote outcomes or allow scrutineers for counts. Todays newspapers report the AEC has stated some Telstra ECA ballots were flawed and did not meet AEC standards.

A decent and fair place to work

Your agreement is only as good as its dispute settling process.  Telstra does not want you to have access to the independent umpire (AIRC/Fair Work Australia) if you have a dispute at work.  Access to the umpire means employers act more fairly.   Part B of Telstra’s ECA gives management total control on pay, classification and hours or work.  Part B staff will be the bulk of the workforce and their numbers will increase over time, so there will be pressure on all staff.

Expired AWA staff – Be AWAre!

Telstra’s offer contains two completely different classification and pay scales.  Many union members who have tried to translate from AWAs to the Part A pay system have been told that rate for the work they do is far less - so your “choice” to move to Part A may be no choice at all! Telstra’s pay and classification system is unfair and needs to be reviewed. 

Pay and Inflation

 Telstra are saying it’s a good pay rise.  In considering their offer, it’s important to remember that an agreement is a package of wages, conditions and rights.   Its also important to consider increases in cost of living since you last got a payrise in September 2007  (the ABS Analytical Cost of Living Index for employee households increased 5.7% in the 12 months to June 2008); and your capacity to negotiate in future if Telstra’s divide and conquer strategy is successful. 

Where can I find out more? For more information go to www.yourrightsattelstra.com or call 1300 362 223.

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