A. Your team leader should negotiate any changes to your RDO, especially if you normally take a certain day off. They cannot unilaterally change this day. However this does not mean that your RDO can't be changed after negotiation. Your team leader needs to take into consideration your personal circumstances as well as the business needs.

A. Stop don't sign! You need all the facts first. Even if your AWA (Australian Workplace Agreement) looks the same it is completely different to any you may have signed before.

From now on if you sign an AWA you can never ever go back to the conditions that the Enterprise Bargaining Agreement (EBA or EA) provides. John Howard has changed the laws covering AWAs.

You need to be very clear that at the expiry of any AWA you sign, the company can change the contents of the contract. You can try and negotiate a better offer but if that doesn't happen your only option is to sign the AWA you are unhappy with or go on to 5 basic conditions, including a minimum wage that is currently $12.75 / hour.

This basically means that at the expiry of your AWA your employer has all the bargaining power. They can offer whatever they want in an AWA because if you don't like it all you have to fall back on are 5 basic conditions. Previously once your AWA expired you could go back on to the EBA and the wages and all the conditions it offers.

Be very careful before re-signing an AWA. You need to consider how much you trust the company to always offer fair wages and conditions no matter what happens in the future and consider your ability to individually bargain for what is important to you in the AWA. If you sign you have no longer have the safety net of the EBA, just 5 limited conditions for the rest of your employment in the company.

A. Our union's stance on issues is based on the members' stance and we are totally against the installation of the GPS tracking devices.
We are advising members to make sure their management knows they are "complying but not consenting" to the installation of GPS, preferably in writing. You can contact the union office for more information on what to write. Also they will be able to provide you with the most recent bulletins on this issue.
There are meetings ongoing regarding possible health and safety issues, as well as privacy, especially regarding the possibility of after hours monitoring.

A. It is a requirement under law that employees are provided with payslips and this should be done within one day of receiving your wages.

What constitutes providing an employee with a payslip isn't spelt out and electronic provision of payslips, eg through email, is often fine. However if the electronic means of provision make it unnecessarily hard for an employee to access the payslip then it can't really be said that the payslip has been 'provided' and this would put your employer in breach of the law.

A. Common Law contracts (CLCs) are different from Australian Workplace Agreements (AWAs).

CLCs are governed by Common law, Statute Law and industrial instruments such as Awards and Certified Agreements (like union-negotiated Enterprise Bargaining Agreements). The operation of AWAs is governed by 'The Workplace Relations Act 1996', most recently amended by the Federal Government's supposed 'Work Choices' Legislation.

The main difference is that CLCs operate in conjunction with existing industrial agreements, whereas AWAs override them. This means that CLCs can only contain conditions that are equal to or better than existing industrial agreements. AWAs can contain conditions that are less than existing conditions.

In some circumstances CLCs can exist even when they are not in writing. With AWAs, what you see is what you get. If a condition is not clearly written into the contract then it is not an entitlement, even if you have been told it is.

A. No! Absolutely not. You do not have to agree to have anyone attend your Doctor's appointments. What you discuss with your doctor is private and confidential, even if it is related to illness that means you have to take time off work, including leaving work early. Some managers are claiming that it is their duty of care to attend medical appointments with you but this is not the case.

A. In most cases being asked to attend a meeting is a lawful direction by your manager, so you do have to go. However you have the right to know what the purpose of the meeting is before the meeting takes place. That way you can get the right sort of support and protection that you need. You need to go to your manager and find out the purpose of the meeting before you attend.

A. This year I have had 6 sick days, which is a lot I know but unusual for me. I'm on an AWA and now my manager said he won't pay anymore of my leave but when I signed the AWA I was told I had unlimited sick leave. Can he do that?


With AWAs (Australian Workplace Agreements) you are only entitled to exactly what your contract states, so what your manager can do depends on that. In a lot of cases workers have been told they have unlimited sick leave but what the AWA actually says are words to the effect of 'at the discretion of management'. What this means is that it is up to your manager whether or not you will be allowed to take sick leave.

It is also important to note whether the AWA says unlimited paid sick leave or whether the management have the ability to grant you sick days but still refuse to pay you for them. AWAs can be quite tricky, it is really important that you get advice on them from your union before you sign.

A. This issue seems to pop up from time to time. Unless there is a bona fide occupational health and safety (OHS) reason for needing closed-in shoes, then you can wear open-toed shoes that are appropriate business attire (e.g no thongs). You can't be sent home because your manager doesn't like your fashion sense!

A. It is totally illegal to discriminate against a person because they are a union member. It is your legally protected right to belong to a union. There are several pieces of legislation that protect you such as The Equal Opportunity Act 1995 and The Workplace Relations Act 1996. If you suspect that you are being discriminated against because of your union membership then contact the union office immediately. With the recent attacks on workers' rights it has never been more important to join the union.

A. Working for Telstra means you come under the Federal system of laws rather than the NSW laws, overseen by Comcare. When you have an accident or a serious near miss at work you need to fill in an incident report and let your Team Leader know. It is also good to let your Health and Safety Representative and your union delegate know too.

A. Working for Telstra means that you come under the Federal system of Workers' Compensation. To claim Workers' Compensation, you need to get a medical certificate from your Doctor and fill in the Comcare compensation form. Give both of these to your Team Leader or the Human Resources Department.
When you fill in the Comcare form, make sure you include the date and time of the accident and any witnesses. The job description should include what you were doing when the accident happened and duties you have been performing that might not be usual for your position, for example if you are doing Higher Duties. Make sure any medical certificates you give Telstra support your claim. You can also include any receipts you have for expenses you incurred as a result of your injury, such as Doctor's bills or medication. Make sure you keep a copy of all receipts, reports etc and all correspondence that relates to your claim.
Once your Telstra have received your claim they have to promptly fill in their details on the for

A. Unfortunately he can. Thanks to John Howard and the Liberal / National Coalition government he can sack you and you have no unfair dismissal protection because your employer employs less than 100 workers. The only protection you have is if he sacks you for an unlawful reason, such as because of your gender, race etc But what boss will give that as a reason when they pretty much don't have to give any reason at all?

A. No your team leader is wrong. The CEPU took a case in the Australian Industrial Relations Commission (AIRC), arguing that CC points are an averaged out system and not a fair or accurate measure of work performance. In the course of the hearing Telstra agreed that CC points cannot be used as the sole basis of any disciplinary action and cannot not be used alone as grounds for dismissal. You should contact the union immediately if your team leader continues on like this.

A. Your TL can come to your jobs but he should let you know he is coming and why, if performance monitoring is taking place. Perhaps you could take advantage of him being there and request any training, equipment etc you might want. If by doing this he is behaving in a way that is harassing or unfair (eg he turns up excessively, only goes to your jobs etc) then it is not ok.

A. The OHS regulations that apply depend on who your employer is and whether Federal or State laws apply. If you are a Telstra worker the OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) (NATIONAL STANDARDS) REGULATIONS 1994 Regulation 7 applies. Your employer must issue entry permits, give proper training and keep adequate records. Go to http://scaleplus.law.gov.au/html/pastereg/1/621/0/PR001690.htm
for more details and check out our website for info on the NSW laws.

A. Carer's Leave is governed by clause 5 of the Telstra General Conditions Award 2001 (unless you are on an AWA). You can only have 5 days per year carers leave and this is deducted from your personal (sick) leave allowance of 15 days per year. If you need to take more time you might have to access some other leave entitlements, such as ARL.

A. If your manager requires you to work away from your normal place of work you are allowed to claim a number of allowances, mainly the Excess Travelling Time Allowance clause 19 of the Telstra General Conditions Award 2001 http://www.cepu.asn.au/comms/telstra/fr_telstra_awards_agrees.html

Some other allowances that may apply are covered in these links http://www.cepu.asn.au/comms/telstra/fr_telstra_awards_agrees.html
see clause 15.6. Alternatively a motor vehicle allowance may apply.
Also http://www.cepu.asn.au/comms/telstra/fr_telstra_awards_agrees.html
see clause 15.5