Progress of your Enterprise Agreement

Approved:

  • Telstra Retail Stores EA.

In progress:

  • Telstra Limited EA
  • InfraCo EA
  • Amplitel EA

The Telstra Retail Agreement was approved on Friday May 27. The three proposed Telstra agreements in progress outlined are before the Fair Work Commission (FWC) for their approval process which include a Better Off Overall Test (BOOT).

It is important to note that the BOOT is not applied as a line-by-line analysis - it is an all-inclusive consideration of the pros and cons to the award. The FWC must be satisfied that you are better off overall if the Agreement is applied rather than the relevant modern award. You can read more about the approval process and BOOT test here.

As part of the approval process the FWC held a hearing for these three agreements on Wednesday, June 1. The CPSU appeared at the hearing and advised that it supported the approval of the Telstra agreements subject to six areas being resolved and if necessary to the pass the BOOT, Telstra providing written undertakings.

The six items raised with the commissioner are:

  1. The Telstra Award provides for a more beneficial higher duties allowance
  2. The Telstra Award provides a minimum 4-hour engagement for non-continuous overtime
  3. The Telstra Award provides overtime for part time employees when they work outside their pattern of hours whereas the agreement allows for the payment of overtime to occur after 36.75 hours are worked.
  4. The Telstra Award entitles an employee to a period of 10 hours off after overtime worked between ordinary hours without loss of pay or the payment of a 200% penalty
  5. The Telstra Award provides for a 30%-night shift penalty for shift workers who perform more than 2/3 of their shifts at night whereas the Agreement requires all shifts be at night to provide a 30% penalty
  6. That the preferred hours and split shifts clauses were still being dealt with as part of an application to vary the Telstra Award and this may have BOOT implications.

It is not our intention to hold up the agreement’s approval progress, but it is imperative to highlight any areas of particular concern to the commissioner to ensure that nothing is missed in consideration and that you are better off overall.

The Commissioner reserved her decision at the hearing and continues to review the Infraco, Amplitel and Telstra Limited EA’s.

Until such time as the new Enterprise Agreement that covers you has been approved, you will remain covered by the Telstra Enterprise Agreement 2019 -2021.