Here is an interesting bit of information that has been found on an Australian rights at work website.
Kaz is responsible for bringing in cheap unskilled migrant labour through a loophole in the migration system. It gets its workforce via New Zealand, from which New Zealand get via the IT churning countries. This loophole is deliberately left open by the government, as the business community reaps the rewards.
Telstra Puts IT Staff on New Contracts
Yesterday Telstra, who now owns Kaz, sent out new employment contracts to the ex-Kaz staff IT people, severely cutting back redundancy and retrenchment entitlements, and wait for it, stating that all employees were to work reasonable unpaid overtime. When the Telstra lawyer and the Telstra HR Director were asked what the definition of "reasonable hours" overtime meant, they were unable to answer. Here we go again .. . . thanks Johnnie "Battler's Friend" Howard
The following comments by users are the most disturbing to ANY EMPLOYEE. Unfortunately the government's industrial relations policies that are SUPPOSED to protect the worker are NOTHING but FARCE, as it is NOT in the interest of the government for the workers to have rights.
I now believe that Telstra/KAZ just don't care for their staff.
I have been issued a new contract also.
Conditions of employment were just extremely "less" than 2003 contract.
I put together a list of items to discuss for ammendment inclussion and assist both KAZ and myself to find an agreement
I was advised by KAZ HR in conference calls with KAZ staff, that the current contract will no longer be changed except for those changes agreed as per the “Contract Re-Issue Q&A”.
I tried to provide HR with an alternate option of adding of a “Schedule and/or Amendment” as part of my contract.
This approach is in line to the "Resolving Disagreements” policies at KAZ. That is discussing the issues internally within KAZ.
The items I suggested were:
Adding the company holding the salary continuance arrangement applicable to the my employment.
-> This was denied by KAZ HR
Adding that KAZ accepts my home business as no impact to my current KAZ duties and approves me working under this contract.
-> This was denied by KAZ HR
Adding that copyright ownership does not include those created under my home business. KAZ states that copyrights, intelectual of otherwise, are those items created during KAZ's business hours (Mon-Fri 7am 8pm and SAT 7am to 12noon)
-> This was denied by KAZ HR
Adding that that changes in legislation regarding the Minimum Superannuation Guarantee contributions will not affect the employee base salary under this contract. KAZ new contract leaves the Minimum Super Guarantee to be handled any way they want when they want.... no choice to the employee... as this is now part of the contract, if you do not agree, and an ammendment like the one in this paragraph is not accepted by KAZ, then "NO JOB"..
-> This was denied by KAZ HR
Adding that any alternate role will not be permanent partime, nor will reduce my salary due to such change. KAZ wants to hold the right to change your full time job to part time if so they please...
-> This was denied by KAZ HR
Adding that On-Call payments will stay. New contract says it is now included in my salary
-> This was denied by KAZ HR
Adding that KAZ will provide redundancy should I be relocated to another state permanently and Should I not agree.
-> This was denied by KAZ HR
Adding that any variations to my specific job role will require review and agreement of my current contract. With non-agreement equating to KAZ providing redundancy.
-> This was denied by KAZ HR
Adding that KAZ business hours, applicable to this contract, do not include public holidays nor state holidays, and requires employee agreement and consent to work on public holidays. New contract states business hours do not EXCLUDE HOLIDAYS of any sort, and are to be adheared to, however they are part of the business policies, and can change from time to time without prior notification, nor employee agreement.
-> This was denied by KAZ HR
Adding that personal/sick/carer’s is of 10 working days, instead of 10 days. As per business hours policies, 10 days would count weekends, and holidays.
-> This was denied by KAZ HR
Adding that "Actual Overtime" will be paid when KAZ asks to work on public holidays or Weekends.
-> This was denied by KAZ HR
Adding that “reasonable overtime” is no more than 3 to 5 hours over the 7.6 hours standard hours. and any excess should be paid as "Actual Overtime"
-> This was denied by KAZ HR
Adding that for working hours calculation purposes, KAZ standard 38 hour week on average over a 52 week includes “Standard business hours” and “Reasonable overtime” only.
-> This was denied by KAZ HR
Adding that my “fixed remuneration” will not be decreased if goverment should increase the Minimum Goverment Super Guarantee. KAZ wants to have the Super increases to come out of my base salary, or left up to the Remuneration team to do as they please.
-> This was denied by KAZ HR
Adding that entitlements and redundancy will be applicable as per Australian Industrial Relations legislation applicable at the time should KAZ terminate my employment.
-> This was denied by KAZ HR
Adding that confidentiality of information works both ways, and that upon KAZ request of employment termination, my personal and confidential information held by KAZ, will not be used in any way, internal or external to KAZ, with exceptions covered by applicable legislation.
-> This was denied by KAZ HR
As most of the contract is based on KAZ policies, which can change at any time, I requested to add that KAZ or Telstra policies will have no impact to any of the items in the requested changes above.
-> This was denied by KAZ HR
What I see here is quite plain:
- Telstra wants to change contracts to reduce the job conditions, but not the job itself.
- I don't see any need for contracts to be "reduced/changed" and still do the same work, for the same customers, from the same location, for the same managers, EXCEPT if KAZ wants to reduce their contract conditions, as they cannot change current contracts.
It is not IR, it is just an excuse to reduce employee work conditions and grip on contract amendemnts.
What do you expect Telstra have been the worst employer in Australia for a few decades now. They are truely on the cutting edge of Winston's lack of industrial sense policies. They were talking about expected un paid overtime 20 years ago
These companies have lawyers and financial backing far beyond the means of the average person who would wish to initiate ANY form of legal action.
Ref : http://www.rightsatwork.com.au/rightswatch/yoursay_comments?root=1409&searchTerm=unpaid
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