Telecommunications Workers Association (ASF-IWA) have commenced negotiating a new Enterprise Bargaining Agreement (EBA) with Vision Stream Pty. Ltd.on 17 December. The TWA log of claims have been put to the employer and negotiations will recommence on 21 January.
If successful, the TWA will be the first anarcho-syndicalist union in Australia to negotiate an EBA with an employer effectively creating its own award.
Registered unions (reformist) affiliated to the ACTU are still able to negotiate EBAs and new awards for workers they would otherwise represent - this is the key advantage these unions have over the ASF-IWA.
Another update. The first round of negotiations started back on the 16th of
the Decemeber 2015 in Melbourne. Present was one ASF-IWA delegate from the
TWA (me), representing one section of Visionstream's Operations &
Maintenance division, the other WA rep. is an independent. All other reps.
from the other States & divisions were all independents. Word from one rep.
regarding the Communications Workers' Union (CWA), the Comms. division of
the CEPU was, that the CWU/CEPU does not have the resources to represent
Visionstream workers at this time &, to the let the negotiations continue &
entre the process once the negotiations near completion or are complete. In
other words, there is no Trade Union representation at the moment.
The demands of the workers & the airing of grievances towards the
exploiters:
* Training, or lack of quality training. The Company continues to push 40+
minute online presentations with multiple choice easements on the workers.
Approved training/industry recognition with OH&S committee discussion.
* Redundancy. Bring redundancy clause up to date with payment for years
service, 3 weeks for each year of service. In last EBA it was discussed that
it would be improved in 2015. Company to also provide job search, financial
advice, CV preparation.
* Shift Work. Removal of this clause and all mention in all parts of the EBA
and old Dispatch Shift work classifications.
* Job classification wage band needs to be assessed. Extra Skills Level
(ESL) T1A and T2A job descriptions need improving or at least a definition.
* Meal Allowances, there is some ambiguity one when/how workers are entitled
to a meal allowance during certain jobs/hours.
* Overtime Clause 15.2 & Recall Clause 19
Remove ambiguity between overtime and operational recall.
* Recognition of trade base skills/recognition.
* Travel time. Reduce to 30 minutes travel. Tracking is currently being used
in appropriately.
* Meal allowance and incidental allowances to increase with annual pay rises.
* Reduction of weekly hours from 38 hours to 37 due to no superannuation
increase.
* Purchased Leave to be implemented.
* Options to take LWOP during Telstra 4 quarter shutdowns and festivus embargo.
* Living Away From Home. 4 star Accomadation when away from home. Workers to
be able to book own lodgings, due to operational requirements for trailers,
vehicles & diets (Camping Allowance in lieu of motel)
* Return of motor vehicle. Should this occur worker to be provided with travel
arrangements to return safely home.
* Due to the ageing work force, provide the ability to cash in 2 weeks sick
leave each year for the purpose of purchasing employment protection policy.
* Counselling and Disciplinary Procedure. Should have a provision for any
investigation to be undertaken by 3rd party.
48 hour prior written notice from The Company for any formal verbal or
written warnings. Enabling the employee to seek representation.
What is the time frame when a warning is removed from an employees file.
Any items of warning shall be documented & shall not be back dated, or
previous records shall not be used as leverage.
* National OH&S committee to be set up, utilising state reps.
* Consultation on major change. This sections is not being followed by The
Company. Recently in the last ~2 years there has been two major operational
& structural changes within The Company. As per the current EBA, no workers
have been notified or consulted.
The Exploiters bored the workers with a State of The Union at the start of
the negotiations, this crap went for ~3 hours. They have expressed that CPI
is dropping & that industry CPI averages are declining too. They also
expressed an addition to the EBA for a Stand By clause. This clause will
mean workers will be rostered for on-the-demand call out work. There is
also some concern from an Industrial Relations lackey that the current
agreement conflicts with a draft update of the Australian Building Code.
The IR lackey is (name withheld) & works at Ventia.
The second round will be on the 21st of January 2016 in Melbourne. I will
be attending.
The bosses are pushing back. The response of the company to the TWA claim to represent their members in the negotiations for a new EBA;
> Hi (redacted)
>
> Are you able to tell me if the assoc is registered please. I can't find it.
>
> For an organisation to be party to an agreement it must be registered under
> the Registered Organisations Act[0] - s 183 refers to an "employee
> organisation" which is further defined as one which is registered under that
> Act.
>
> (redacted)
> Industrial Relations Specialist
> People, Safety and Environment
>
> VENTIA PTY LIMITED ABN: 51 603 146 676
>
The ASF Brisbane affilliate represented Domino's P/L delivery drivers at the FWC in 2012. Domino's was represented by a Sydney-based industrial law firm. In parallel with this process the ASF initiated a solidarity campaign that, taken together, resulted in a pay out by Domino's P/L to over 3,000 delivery drivers in Australia of $590,000 in total.
No ASF affiliate is a registered organisation under the Act. The ASF is representing workers within in the confines of Section 176 of FWA.
This is an entirely different process with regard to the direct negotiations with the bosses of small businesses that engage in exploitative work practices like unpaid trials, non-payment of wages, etc. typical of restaurants, cafes, etc. It is entirely outside any jurisdiction as the employer is not paying award wages and operating outside of the industrial legislation. (Paying cash-in-hand is widespread in the hospitality industry and is universal in agriculture)
Good luck and solidarity!
Good luck and solidarity!
Super comrades! Keep on
Super comrades! Keep on keeping on!
Telecommunications Workers
Telecommunications Workers Association (ASF-IWA) have commenced negotiating a new Enterprise Bargaining Agreement (EBA) with Vision Stream Pty. Ltd.on 17 December. The TWA log of claims have been put to the employer and negotiations will recommence on 21 January.
If successful, the TWA will be the first anarcho-syndicalist union in Australia to negotiate an EBA with an employer effectively creating its own award.
Registered unions (reformist) affiliated to the ACTU are still able to negotiate EBAs and new awards for workers they would otherwise represent - this is the key advantage these unions have over the ASF-IWA.
More to come later.
Sounds like great news.
Sounds like great news. Please update us as to what happens, feel free to post stuff to our news/library sections as appropriate!
From the TWA
From the TWA delegate;
Comrades,
Another update. The first round of negotiations started back on the 16th of
the Decemeber 2015 in Melbourne. Present was one ASF-IWA delegate from the
TWA (me), representing one section of Visionstream's Operations &
Maintenance division, the other WA rep. is an independent. All other reps.
from the other States & divisions were all independents. Word from one rep.
regarding the Communications Workers' Union (CWA), the Comms. division of
the CEPU was, that the CWU/CEPU does not have the resources to represent
Visionstream workers at this time &, to the let the negotiations continue &
entre the process once the negotiations near completion or are complete. In
other words, there is no Trade Union representation at the moment.
The demands of the workers & the airing of grievances towards the
exploiters:
* Training, or lack of quality training. The Company continues to push 40+
minute online presentations with multiple choice easements on the workers.
Approved training/industry recognition with OH&S committee discussion.
* Redundancy. Bring redundancy clause up to date with payment for years
service, 3 weeks for each year of service. In last EBA it was discussed that
it would be improved in 2015. Company to also provide job search, financial
advice, CV preparation.
* Shift Work. Removal of this clause and all mention in all parts of the EBA
and old Dispatch Shift work classifications.
* Job classification wage band needs to be assessed. Extra Skills Level
(ESL) T1A and T2A job descriptions need improving or at least a definition.
* Meal Allowances, there is some ambiguity one when/how workers are entitled
to a meal allowance during certain jobs/hours.
* Overtime Clause 15.2 & Recall Clause 19
Remove ambiguity between overtime and operational recall.
* Recognition of trade base skills/recognition.
* Travel time. Reduce to 30 minutes travel. Tracking is currently being used
in appropriately.
* Meal allowance and incidental allowances to increase with annual pay rises.
* Reduction of weekly hours from 38 hours to 37 due to no superannuation
increase.
* Purchased Leave to be implemented.
* Options to take LWOP during Telstra 4 quarter shutdowns and festivus embargo.
* Living Away From Home. 4 star Accomadation when away from home. Workers to
be able to book own lodgings, due to operational requirements for trailers,
vehicles & diets (Camping Allowance in lieu of motel)
* Return of motor vehicle. Should this occur worker to be provided with travel
arrangements to return safely home.
* Due to the ageing work force, provide the ability to cash in 2 weeks sick
leave each year for the purpose of purchasing employment protection policy.
* Counselling and Disciplinary Procedure. Should have a provision for any
investigation to be undertaken by 3rd party.
48 hour prior written notice from The Company for any formal verbal or
written warnings. Enabling the employee to seek representation.
What is the time frame when a warning is removed from an employees file.
Any items of warning shall be documented & shall not be back dated, or
previous records shall not be used as leverage.
* National OH&S committee to be set up, utilising state reps.
* Consultation on major change. This sections is not being followed by The
Company. Recently in the last ~2 years there has been two major operational
& structural changes within The Company. As per the current EBA, no workers
have been notified or consulted.
The Exploiters bored the workers with a State of The Union at the start of
the negotiations, this crap went for ~3 hours. They have expressed that CPI
is dropping & that industry CPI averages are declining too. They also
expressed an addition to the EBA for a Stand By clause. This clause will
mean workers will be rostered for on-the-demand call out work. There is
also some concern from an Industrial Relations lackey that the current
agreement conflicts with a draft update of the Australian Building Code.
The IR lackey is (name withheld) & works at Ventia.
The second round will be on the 21st of January 2016 in Melbourne. I will
be attending.
The bosses are pushing back.
The bosses are pushing back. The response of the company to the TWA claim to represent their members in the negotiations for a new EBA;
> Hi (redacted)
>
> Are you able to tell me if the assoc is registered please. I can't find it.
>
> For an organisation to be party to an agreement it must be registered under
> the Registered Organisations Act[0] - s 183 refers to an "employee
> organisation" which is further defined as one which is registered under that
> Act.
>
> (redacted)
> Industrial Relations Specialist
> People, Safety and Environment
>
> VENTIA PTY LIMITED ABN: 51 603 146 676
>
The ASF Brisbane affilliate represented Domino's P/L delivery drivers at the FWC in 2012. Domino's was represented by a Sydney-based industrial law firm. In parallel with this process the ASF initiated a solidarity campaign that, taken together, resulted in a pay out by Domino's P/L to over 3,000 delivery drivers in Australia of $590,000 in total.
No ASF affiliate is a registered organisation under the Act. The ASF is representing workers within in the confines of Section 176 of FWA.
This is an entirely different process with regard to the direct negotiations with the bosses of small businesses that engage in exploitative work practices like unpaid trials, non-payment of wages, etc. typical of restaurants, cafes, etc. It is entirely outside any jurisdiction as the employer is not paying award wages and operating outside of the industrial legislation. (Paying cash-in-hand is widespread in the hospitality industry and is universal in agriculture)