Union Challenges Telstra’s Proposed SOCI Workforce Screening Regime
Affected members would be by now aware of Telstra’s proposed implementation of a new workforce screening regime under the Security of Critical Infrastructure (SOCI) framework. Under the proposal, members identified as “critical workers” would be subject to expanded background checks, periodic re-screening and additional compliance requirements.
The first round of talks between Telstra and the CWU, as part of the consultation process, occurred this week where, from the outset, the Union has made it clear that while we understand Telstra’s obligations under the SOCI legislation and required rules and frameworks, any screening process must be fair, transparent, proportionate and respectful of our members’ privacy and workplace rights.
The Issues the CWU Raised
National Assistant Secretary James Perkins has sought a response to a comprehensive series of questions and concerns, focusing on:
- How Telstra determines who is classified as a “critical worker”;
- The scope and intrusiveness of the proposed screening checks;
- Members’ rights to challenge decisions affecting them;
- The fairness and transparency of review and decision-making processes;
- Potential impacts on members’ employment and job security;
- Protections for members moving into critical worker roles; and
- The lack of clearly defined safeguards and limitations within the policy.
As the consultation process proceeded to discussions this week, we have continued to press these matters and to strengthen protections wherever possible.
What Telstra Actually Has Confirmed
Members Can Challenge Their Classification
One of the CWU’s key concerns was how members would be determined as critical workers, and whether they would have any ability to contest that classification. Telstra has now confirmed that employees who believe they have been incorrectly or unnecessarily identified as critical workers can raise the issue with their leaders and the SOCI team for reassessment of their role and access requirements. While the CWU continues to push for more formal review rights, this confirmation establishes that members do have a pathway to challenge their classification.
Social Media Checks Are Not Proposed
Many members expressed concern that the screening process could involve scrutiny of personal social media activity, and we have advanced this concern quite strongly. Following discussions, Telstra has confirmed that social media screening will not occur as part of the workforce screening program. Instead, the draft policy refers to checks such as criminal history, sanctions screening, politically exposed persons screening, adverse media searches, financial and bankruptcy information, directorship records and ASIC-related matters.
Screening Outcomes Will Not Be Automatic
Telstra has also confirmed that a screening result raising concerns will not automatically result in disciplinary action or termination.
The draft policy provides that screening outcomes must be assessed individually and that members will be given an opportunity to respond before any material decision affecting their employment is made and that the relevance, seriousness, recency and context of any information identified will be considered as part of any assessment.
Significant Concerns Remain
While some clarification has been obtained, the CWU believes substantial issues remain unresolved and are pushing Telstra specifically on the following matters:
- Who decides who is a critical worker? We remain concerned that members may not know why they have been classified as critical workers, what criteria has been applied, or whether similar roles will be treated differently.
- Intrusive screening measures, particularly in relation to adverse media reporting, potentially exposed person status, financial history and bankruptcy information and directorship records and related commercial information. While Telstra argues these checks relate to personnel security risks, we have questioned whether some of these measures are proportionate and genuinely relevant to regular duties or access to critical infrastructure.
- Re-screening triggers and timeframes. Under the policy, members are ordinarily rescreened every two years. However, additional screening may also be triggered by a range of factors and we are seeking clearer, more objective and transparent criteria regarding when additional screening can occur, rather than relying on broadly defined triggers.
- Procedural fairness and safeguards governing the Screening Review Panel should be clearly set out in the policy, along with independence, conflicts of interest, representation rights and appeal mechanisms. Telstra maintains that procedural fairness is already embedded through existing processes and that members will have an opportunity to respond before any employment decision is made. We remain concerned that these protections are largely implied rather than guaranteed and may leave members in a position where decisions affecting their work, access or employment are made without adequate procedural protections.
What the CWU Is Pushing For
As the consultation continues, the CWU will continue pressing Telstra for:
Clear and transparent criteria for determining who is classified as a critical worker;
- Stronger rights of review and appeal;
- Greater limits on intrusive screening measures;
- Objective and clearly defined triggers for re-screening;
- Robust safeguards governing how screening outcomes are assessed and acted upon; and
- Strong protections for members’ privacy, procedural fairness and ongoing job security.
We will continue to communicate with members as this matter progresses.
In the meantime, should you require any further information, please contact National Assistant Secretary James Perkins or your State Branch Official for immediate assistance.
