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Telstra’s stark choice

The first results from the protected action ballot are in, and if Telstra management had any doubt about the resolve of the workers to get a fair and proper deal, they have been swept away by the result.

CPSU members voted by a massive 93% for the right to take industrial action in favour of a union collective agreement.

This sends a distinct and strong message to management that we are serious. It should be a matter of shame for the board of Telstra that the first major industrial action for more than a decade is now inevitable.

Telstra has brought this upon itself by refusing to negotiate a collective agreement with unions.

Management continues to persist with a flawed divide-and-conquer strategy of picking off small, vulnerable work areas for its inferior non-union deal. This is continuing despite an overwhelming message to Telstra since September that the workforce wanted their union involved in negotiations.

Voting by members of the other major Telstra union, the CEPU, closes at the end of business today and is expected to also be a strong endorsement of industrial action.

Telstra management is facing a stark choice: it can continue to antagonise the workforce with its hardline, bullying tactics, or it can face the reality of the new industrial relations system and begin good faith negotiations.

There are several key areas where the non-union deals being offered by management and its refusal to bargain with your representatives would not be allowed under the Fair Work Bill which has been passed by the House of Representatives. 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)

Unions will be in touch later this week about the likely form and date of the proposed industrial action.

It is important to remember that this is protected action and you cannot be dismissed or otherwise discriminated against for taking action.

The Workplace Relations Act makes it illegal for an employer to do anything that disadvantages an employee if he or she is taking protected action, including making threats to dismiss someone.

But that doesn’t mean Telstra won’t behave badly.

We need to know about it straight away – and then we can do something about it. Call us on 1300 362 223.

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