We have also written to Telstra on this matter today,
you can read the full letter here.Background
On July 17, Telstra Human Resources cancelled Enterprise Agreement talks.
Their ambush stranded thousands of employees who rely on EA talks for a fair payrise and to win important conditions.Of course, unions have at all stages said we are keen to resume talks.
We have not at any point placed preconditions on continuing enterprise agreement talks.
Telstra’s HR department, in a series of emails and briefings to staff, said unions’ “illegal side agreement” was behind their decision to cancel talks.
The side agreement they are referring to is a document called a Memorandum of Understanding (MoU) unions had written aimed at clarifying Telstra employees’ rights at work.
Head of HR Andrea Grant had three main arguments for why she cancelled EA talks.
- “The MoU was undemocratic”
but unions offered to put the MoU to a staff-wide vote.
- “The MoU was illegal”
but unions wrote in the MoU itself that anything that did not comply with official code and guidelines would be removed.
- “The MoU would interfere with Telstra getting the broadband contract”
but this would only be the case if the MoU was, in fact, illegal.
MoU is perfectly legal: new advice from Dept of Workplace Relations
Unions made clear we were committed to clarifying your rights at work – and that we definitely want the document to be legal.
It’s the Department of Workplace Relations, not Telstra’s lawyers, that decides if the document is acceptable. So we submitted the MoU to the Department.
After minor adjustments, the MoU has been deemed perfectly legal. Here is your copy of the Department’s advice
Telstra HR’s excuses for cancelling the EA no longer stand up
- Democracy – but the unions want a vote
- Legality – but the MoU is now certified as legal
- Commercial – since the MoU is legal, there is no impact
Telstra HR must now resume talks: or tell staff the real reason behind why they cancelled
After we received the Department’s legal advice, unions wrote to Telstra HR informing them, politely, that their excuses no longer hold water.
Ms Grant herself has said if the MoU was legal she would return to the bargaining table:
- “Telstra is interested in a productive working relationship with unions and have said we would commit to a statement of positive, lawful relationship principles…”
- “Telstra has repeatedly advised the unions that we remain willing to discuss lawful matters…”
[Andrea Grant (Telstra) to staff “Frequently Asked Questions” 10/07/2008]
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