CBA’s Social Media Policy Impedes Employee’s Rights
Wednesday, 2 February 2011
The FSU has written seeking an urgent meeting with CBA to discuss serious concerns the union has regarding the scope of the recently introduced Social Media Policy.
The policy heavily restricts the use of social media both at work and beyond in a way that it is not only, in FSU’s view, discriminatory but also severely restricts employees’ freedom of expression.
The FSU, in its letter to the bank, has outlined four areas of concerns:
- The policy does not properly reflect the contractual conditions of the employment in that it goes beyond conduct that could legitimately be regarded as involving damage to the bank’s reputation or interests
- The policy seeks to extend the scope of any employees’ implied obligations of good faith and loyalty under the contract of employment
- The inclusion of terms and conditions of employment in the policy is unreasonable
- The policy misrepresents employees workplace rights in that it does not acknowledge the statutory rights of employees under the Fair Work Act 2009 and Equal Opportunity legislation
The FSU has told the bank that the policy has a direct impact on its workplace representatives.
“The FSU believes that the bank’s social media policy offends General protection and freedom of association rights that apply to FSU workplace representatives. In carrying out their duties FSU workplace representatives in CBA are carrying out lawful industrial activities that have protections within the Fair Work Act”
CBA has been asked to suspend this policy until the concerns are addressed.
To view the full letter click here
We will keep you up to date on CBA’s response.
Authorised By: Leon Carter, National Secretary