18.1 Where an employee is called to work to meet an emergency at a time when they would not ordinarily have been at work, and no notice of such call was given to them prior to their ceasing work on ordinary hours, he/she will be paid for such emergency work at the rate of double time. The time for which payment will be made will include time necessarily spent in travelling to and from work. The minimum payment under this clause will be three hours at double time.
18.2 A manager may decide, for health reasons, that an employee who has undertaken emergency work is to be relieved from working his/her next ordinary rostered work period, without deduction from salary. Such period of relief will neither exceed the number of hours of emergency work nor extend into a second ordinary rostered work period.
18.3 This clause will not apply to an employee whose work for the day is varied by alteration of the commencement of the scheduled ordinary rostered hours to meet an emergency.
19.1 Excess travelling time
An employee who is required to travel or work away from his/her normal designated day by day location, will be paid ordinary rates on Mondays to Saturdays and time and one half rates on Sundays and public holidays, for travel time in excess of:
19.1.1 his/her usual hours of work;
19.1.2 his/her normal travelling time to and from his/her normal place of work or designated location.
19.2 Payment will not be made unless:
19.2.1 the excess time exceeds half an hour in any day; or
19.2.2 two and a half hours in any fortnightly pay period in the case of an employee whose ordinary hours are worked over five days of the week.
19.3 Payment will not be made for more than five hours in any one day.
19.4 Calculation of travelling time will be based on the type of transport chosen and used by the employee.
19.5 These arrangements do not apply to camping parties, which will travel to the place of work within the ordinary hours of work for the day. Camping parties will return after the completion of those hours or vice versa, as agreed by the majority of the camping party and Telstra.
19.6 Employees who occupy the positions of Managers or Executives will not be eligible for excess travelling time payment.
19.7 Employees not eligible for payment in accordance with 10.3 will not be eligible to payment for Excess Travelling Time.
20.1 Subject to this clause, an employee will be paid a meal allowance, in addition to any applicable overtime, in the following circumstances:
20.1.1 after the completion of his/her ordinary hours of work for the day is required without a break for a meal to perform extra work up to the completion of or beyond the meal period next occurring after the completion of those ordinary hours;
20.1.2 is required, after the completion of his/her ordinary hours of work for the day, to perform work after a break for a meal which occurs after that completion and is not entitled to payment for that break; or
20.1.3 is required to perform extra work after 2.00 p.m. on a Saturday after a meal break and is not entitled to payment for that meal break; or
20.1.4 is required to perform work on a Sunday or public holiday (in addition to their normal weekly hours of work) extending beyond a meal break and is not entitled to payment for that meal break;
20.1.5 is required to perform work prior to the commencement of their ordinary hours of work will be granted a break for a meal but will not be entitled to payment for the break.
20.2 The allowance will be paid at the rate set out in Item 1 of Schedule C.
20.3 An employee who is required to perform any of the work specified in 20.1.2, 20.1.3 or 20.1.4 will not be paid a meal allowance unless they have satisfied his/her manager that he/she cannot reasonably be expected to return to his/her home or lodgings for a meal between the time at which work ceases before the meal and the time at which he/she is required to commence duty after the meal.
20.4 For the purposes of clause 20.1.1 a meal hour will mean the following periods:
21.1 Where an employee temporarily performs the work of a position having a higher classification than their own then the following will apply.
21.2 An employee who performs all the work of a higher classification will be paid in respect of the performance of that work an allowance equal to the amount of the difference between his/her own salary and the minimum salary of the higher classification.
21.3 An employee who performs some but not all the work of a higher classification will be paid in respect of the performance of that work an allowance fixed by Telstra.
21.4 However, an employee who performs all the work of the higher classification the minimum salary of which exceeds the salary shown in Schedule B, for a period of less than a week, is not entitled to higher duties allowance.
21.5 An employee who performs all the work of a higher classification for a period of less than one day will not be entitled to payment for that period and that period will not be service in the higher position for the purpose of this clause.
21.6 Where an employee temporarily performs the work of a higher classification for a continuous period of twelve months the allowance will thereafter be calculated at the salary level applicable to the classification.
21.7 Where an employee's total period of higher duties performance in 24 months exceeds twelve months the allowance will be calculated at the next salary level applicable to the higher classification after twelve months service.
21.8 Where an employee temporarily performs the work of a higher classification and the conditions of service of that classification differ from those of the classification normally occupied by the employee, the employee will be entitled to any more favourable conditions applicable to the higher classification.
21.9 An allowance paid under this clause will be regarded as salary for the purposes of calculating travelling and meal allowances and payment for overtime and excess travelling time.
21.10 If an employee goes on leave (other than long service leave), and but for the taking of that leave, the employee would have performed the work of the higher classification, then higher classification allowance will be paid for the period of leave.
21.11 Where an employee has performed higher classification work in an isolated district for at least twelve months in the preceding two years and is in receipt of higher duties allowance in that district at the date of commencing annual leave and is not returning to the isolated district at the conclusion of that leave, the allowance will be paid during that leave.
21.12 Where higher duties allowance payments are included in leave with pay in accordance with 21.10 and 21.11, the leave periods in respect of which the payments are included will be service in the relevant higher classification for the purpose of calculating the amount of higher duties allowance in accordance with 21.6 and 21.7.
22. ESSENTIAL CUSTOMER SERVICING
22.1 In order to satisfy essential customer servicing requirements, the Corporation may roster an employee to be available to respond to business needs outside ordinary hours of work.
22.2 In any rostering arrangement, the Corporation will have regard to the employees ability to be at, or to remotely access, the worksite within a timeframe which meets the Corporation's particular business needs.
22.3 The Rostering of an employee for the purposes of this clause is the responsibility of their manager. Eligibility for the prescribed allowance is based upon the manager expressly rostering the employee in accordance with the provisions of this clause. The provision of a pager or mobile phone for contact purposes does not automatically attract the operation of this clause.
22.4 The rostering of an employee should be based on a weekly cycle. Rostering will be on the basis of:
22.4.1 On-call
An employee who is required to remain contactable and available within a reasonable time to return to duty will be paid at the rate shown as Item 1 in Schedule D of this award.
22.4.2 Emergent-call
An employee who is required to be available and ready to return to duty within 30 minutes will be paid at the rate shown as Item 2 in Schedule D to this award.
22.4.3 Immediate-call
An employee who is required to remain at home and be ready for immediate recall to duty will be paid at the rate shown as Item 3 in Schedule D to this award.
22.4.4 For the purposes of this clause, return to duty may either be undertaken via remote access, by providing technical advice over the telephone or a return to the worksite as the work requires.
22.4.5 No payment will be made to an employee under this clause where the employee has been appropriately rostered but does not or cannot hold themselves in the required degree of readiness to respond to a call to duty.
22.5 In addition to the amount referred to in 22.4 an employee who is required to:
22.5.1 Report to the worksite or a customer's premises - will be paid at the relevant overtime rate for actual hours worked (including travel time) subject to the minimum payment provisions contained in 11.2. of this award.
22.5.2 Perform work at home will be paid at the relevant overtime rate for the actual hours worked subject to a minimum payment of one hour.
22.6 Clause 18 - Emergency duty does not apply where an employee is recalled to duty in accordance with sub clause 22.5 whilst in a situation covered by this clause.
22.7 An employee who is not rostered subject to this clause but is contacted to perform duty at home will receive payment at double time for the actual time worked subject to a minimum payment of one hour.
22.8 An employee who is ineligible for overtime or payment for holiday work is described in 10.3 and 12.4 will not be eligible for payment under this clause.
22.9 The current rest relief provisions in respect of emergency duty will apply to duty in terms of 22.5 which is performed under the essential customer servicing provisions.
22.10 An employee who is called upon to perform duty at home which can be effectively performed at home but who elects to perform the work at the worksite, will only be eligible for payment as if the work was performed at home.
23.1. Annual leave
23.1.1 A full-time or part-time employee is eligible for four weeks annual leave for every twelve months of continuous employment with such leave accruing progressively. A part-time employee will be eligible for pro rata leave determined by the ordinary hours he/she normally worked.
23.1.2 An employee working a seven day shift, whose ordinary hours of work regularly fall on a Sunday and Public Holidays, is eligible for an additional seven consecutive days annual leave including non-working days. Where work is rostered on less than ten Sundays in the year, the additional leave will accrue at the rate of half a day for each Sunday worked, up to a maximum of five days.
23.1.3 A rostered overtime shift of three hours or more, which starts or finishes on Sunday, will count in the calculation under 23.1.2
23.2 Taking leave
23.2.1 An employee may take annual leave, as it accrues, subject to the agreement of his/her manager.
23.2.2 The annual leave provided in 23.1.1 and 23.1.2 will normally be taken within twelve months of accrual, unless deferral is agreed with the manager.
23.3 Leave payment and loading
23.3.2 The pay for annual leave is the employee's pay rate at the time he/she takes annual leave plus the greater of 17.5% of the pay rate for the period of the annual leave taken or any additional amount which he/she would have received for working ordinary hours on a shift or Saturday or Sunday had he/she not been on annual leave.
23.3.2 The payment of 17.5% is subject to a maximum payment of the equivalent of the Australian Bureau of Statistics Male Average Weekly Total Earnings figure for the preceding September quarter.
23.4 Public holidays or sick leave falling in annual leave
23.4.1 If a public holiday falls within an employee's annual leave on a day which would have been an ordinary working day, extra time equivalent to the public holiday will be added to the employee's annual leave.
23.4.2 If an employee takes paid sick leave of one day or more supported by a medical certificate during his/her annual leave, extra time equivalent to the sick leave will be added to the employee's accrued annual leave.
24. DEDUCTIONS FROM ANNUAL LEAVE
Where an employee is absent from work on authorised leave without pay (other than sick leave) and a reduction in annual leave is incurred as a result, such leave will not be reduced by more than one and two third days for each calendar month of such absence within any calendar year.
25.1 Personal carer's leave
25.1.1 Personal/Carers leave will comprise an entitlement of 15 days sick leave on full pay on the date of commencement of full time/part time (subject to Clause 8.2.2 (c)) employment and on completion of each 12 month period of service thereafter.
25.1.2 Paid personal/carers leave is available for absence:
25.1.2(i) Due to personal illness or injury (See clause 25.2);
25.1.2(ii) Where an employee is required to care for an immediate family or household member who is sick. A maximum of 5 days paid leave per year which is to be taken from, and is not additional to, the 15 days of paid leave per year specified in clause 25.2.2(i) (See clause 25.3);
25.1.3 The entitlement to use carers leave under this clause is subject to the person in respect of whom the leave is being taken being either:
25.1.3(i) The term immediate family includes:
25.1.3(ii) A member of the employee's household means:
25.1.4 In the event that the current year's aggregate personal/carers leave is exhausted, employees may access their accumulated sick leave for personal sick leave, and carers leave (subject to a total cap of 5 days per annum).
25.1.5 Employees who have accrued any half days personal leave as at 31 January 2003 will have such accrued personal leave converted to full days on a pro rata basis.
25.2 Personal sick leave
25.2.1 Subject to clause 25.4, in the case of illness, an employee, on production of satisfactory medical or other supporting evidence, will be entitled to paid sick leave in accordance with this clause.
25.2.2 An employee is entitled to the following amount of paid sick leave for absence due to personal illness or injury. Subject to clause 25.2.3, these entitlements are cumulative.
Leave on full pay (working days)
On date of commencement of full time/part time 15
(subject to Clause 8) employment
On completion of twelve months service 15
On completion of each additional twelve months service 15
25.2.3 Sick leave entitlements which are untaken at the completion of the year shall accumulate on the following scale:
25.2.3(i) Previous years' untaken accumulated sick leave, plus
25.2.3(ii) The balance of personal carers leave, provided that such remaining personal/carers leave does not exceed 15 days leave on full pay less any personal sick leave or carers leave taken by the employee during the year.
25.2.4 Sick leave taken by an employee in accordance with this clause is deducted from the amount of aggregated personal/carers leave.
25.2.5 Sick leave used by an employee on a public holiday which but for the sick leave they would have observed will not be debited.
25.2.6 The maximum period of paid sick leave allowable in respect of any continuous absence through illness will be 52 weeks.
25.2.7 Where any employee has exhausted all leave allowable with pay, the employee may be granted sick leave without pay.
25.2.8 In respect of any continuous period of absence, sick leave with and without pay shall not exceed a total of 78 weeks.
25.2.9 If an employee is ill while on annual leave for at least one day and produces satisfactory medical evidence, the employee will be entitled to have the period of illness during the annual leave debited against their sick leave entitlement and to take the period of annual leave during which they were sick at another time fixed by Telstra within twelve months.
25.3 Carers leave
25.3.1 Subject to clause 25.4, an employee with responsibilities in relation to members of either their immediate family or household is entitled to use up to a maximum of five days per annum of their aggregate personal/carers leave entitlement to provide care and support for such persons when they are ill, on production of satisfactory medical or other supporting evidence.
25.3.2 Where practicable, the employee must give prior notice of the intention to take carers leave, or otherwise notify of such absence at the first opportunity on the day of absence.
25.4 Supporting evidence of sick leave and carers leave
25.4.1 An employee will be entitled to up to a total of five days paid leave for sick leave and carers leave purposes in any sick leave year without medical or other supporting evidence. However, medical or other supporting evidence must be provided where a period of sick leave exceeds three consecutive days, or an employee's supervisor requests medical or other supporting evidence within a day of an employee resuming work.
25.4.2 If an employee's supervisor does request medical or other supporting evidence and an employee has not sought medical evidence during absences of up to a total of five days in any sick leave year, a statutory declaration describing the illness will be satisfactory supporting evidence.
The provisions of clauses 25.4.1 and 25.4.2 do not apply in cases of personal sick leave during annual leave.
25.5 Bereavement leave
25.5.1 An employee is entitled to a maximum of three days paid bereavement leave per annum on the occasion of the death of a member of the employee's immediate family or household, as defined in sub clauses 25.1.3 (i) and (ii).
25.5.2 Bereavement leave (three days) is non-cumulative.
25.5.3 If Telstra so requests, the employee attesting to the death must produce evidence.
25.5.4 In the event that the current year's bereavement leave is exhausted, employees can take leave without pay, with the approval of their manager, for the purposes of bereavement leave (subject to a total cap of three days without pay per annum).
26.1 An employee employed in a job in Telstra before (date of certification of the specific awards) will be eligible for annual increments within the scale of rates of salary fixed for the position occupied as determined by Telstra.
26.2 An employee covered by an award to which this clause applies, occupying positions for which Telstra has determined conditions of advancement will be subject to the conditions of advancement so determined, and those conditions will be incorporated and read as one with that award.
26.3 The provisions of 26.1 will not apply to an employee under 21 years of age occupying a position in respect of which a rate of salary payable according to age is prescribed, except in those cases where such an employee, having complied with a condition of advancement determined by the corporation in respect of that position, is paid the prescribed rate for that position payable to an employee who has attained the age of 21 years.
$42,891 (Salary Barrier) The Salary Barrier expressed in this schedule will be adjusted on 1 July of each year following the most recent safety net adjustments decisions (or such like) of the Australian Industrial Relations Commission.
Item 1 $14.15 (Meal Allowance)
Item 1: On-Call Allowance $ 7.80 per night
(Clause 22(4)A) $18.00 per day and night
Item 2: Emergent-Call Allowance $15.60 per night
(Clause 22(4)B) $36.00 per day and night
Item 3: Immediate-Call $6.60 per hour
(Clause 22(4)C}
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