The Guardian 14 September, 2005
Telstra cuts off sick mum
A fulltime Telstra worker who collapsed on the job was denied sick pay because her AWA stripped her of the entitlement. The single mum’s contract leaves sick pay in the hands of management, which refused point blank although she was taken off its premises in an ambulance.
The call centre operator, dubbed "Sharon" for privacy reasons, had two weeks off with a respiratory condition — including several days in hospital — after collapsing at her desk.
The Community and Public Sector Union (CPSU) said she was working while clearly in an unfit state because Telstra had also denied payment for two previous sick days and her family could not afford to lose any more money.
The union, which has since won her payment for eight of the days, says she was also put on a "performance improvement program" on the day she returned and given an official warning for being behind in her monthly sales target.
CPSU Regional Secretary Stephen Jones said Sharon got the job 18 months ago on the proviso she signed an AWA. As well as leaving sick pay to the discretion of management, the contract also allows Telstra to alter her hours at will.
He said Sharon was not told why she was not being paid for her sick leave and still does not know if she will be paid if she falls sick in the future.
Mr Jones said Sharon’s situation could become increasingly common.
"The Federal Government’s radical workplace laws will make these types of individual contracts all the more common. This means that current conditions, such as sick leave, annual leave, weekends, overtime and penalty rates are now under threat.
"The message for workers when asked to sign AWAs is that the devil is in the detail.
"Management talks about trust and flexibility but when it comes to the crunch flexibility means doing whatever management wants."
Telstra employees covered by the union negotiated enterprise bargaining agreement are guaranteed 15 days personal or carer’s leave each year.