Telstra HR management is seeking to make agreements that may not be allowed under new laws.

Your unions and the ACTU are working through the detail of the new industrial relations legislation and our initial evaluation of the laws has shown a number of areas where Telstra’s current sample ECA offer and their refusal to bargain with your representatives would not be allowed under the legislation currently before Parliament.

This includes:

• Where a majority of employees want Telstra to collectively bargain, Telstra would have to do so in good faith;
• Employees would have the right to be represented in bargaining and Telstra would have to deal with those representatives in good faith;
• In making any new agreement, Telstra could not split the organisation into tiny units where that would be unfair;
• A new agreement would be assessed for its impact on prospective employees (ie Part B employees)

There are several reasons why NDS support employees should vote NO:

• You will lose bargaining power. Telstra HR’s strategy is clear and predictable – they want to ‘divide and conquer’ staff by splitting the workforce into tiny groups so they can reduce your bargaining power.
• The pay rise doesn’t stack up. Telstra HR’s latest offer does not even keep pace with the current cost of living. It also compares poorly with the increases awarded to senior managers. CEO Sol Trujillo’s latest annual increase was 14%, taking his total pay packet up to a staggering $13.4 mil a year.
• On the pay issue Telstra are trying to have it both ways. To you they say the current offer is out for a limited time, and “future pay offers will be reviewed in light of global economic circumstances.” But Chief Financial Officer John Stanhope told investors this month: “History shows that during periods where the economy slows or even declines, Telstra and its sector continue to grow at rates above GDP (gross domestic product). We would expect that to again be the case.” (The Age, 7 November 2008).
• You will lose rights at work. If the proposed agreement gets up, you will no longer be able to have union meetings in your workplace to discuss workplace issues. It will become illegal. This will not change unless and until new workplace laws are introduced. The company will no longer be under any obligation to consult with unions about major changes. It will also be harder for unions to enforce the agreement as they will have a reduced role in dispute resolution.
• Your workmates will miss out. The introduction of a two part agreement means new and AWA employees will miss out on guaranteed pay increases, have lower conditions of employment (including less flexible hours of work, no leave loading, no allowances and employees may be asked to work significant overtime without payment).
• There is a better way! You showed in September that when Telstra workers stick together and reject these unfair agreements we can get a better deal for all Telstra workers. The Government has now introduced new industrial relations laws that will restore some fairness in the workplace.

Where can I find out more? For more information including a detailed analysis of Telstra’s sample ECA, call 1300 362 223.