AWARD SUPERCEDED IN 1998 SEE LATEST ISSUE

1 Title
2 Arrangement
3 Definitions
4 Parties bound
5 Inconsistency with Act and determinations
6 Duration
7 Reservation
8 Staff
9 Advancement/promotion appeals
10 Employee conduct and discipline
11 Five day working week
12 Overtime - general conditions re payment
13 Overtime - minimum payment
14 Payment for holiday duty
15 Christmas Day
16 Payment for Sunday duty
17 Payment for Saturday duty shift workers
18 Payment Saturday other than shift worker
19 Shift duty
20 Emergency duty
21 Excess travelling time
22 Meal allowance
23 Performance of higher duties
24 On-call and stand-by
25 Annual leave
25A Annual leave - transitional
26 Annual leave special provisions
27 Annual leave - additional payment
28 Annual leave - seven day shift workers
29 After hours duty from normal work site
30 Leave to attend arbitration business
31 Sick leave
32 Bereavement leave
33 Weekly half-holiday
34 Deductions from annual leave
35 Increments
36 Representation promotion appeal boards
37 Candidates for election
38 Accidents
39 Leave to undertake trade union training
40 Reserved
41 Consult and negotiate
42 Savings
43 Conditions of employment - general
44 Schedule A-E

ANNEXURE

1 - TITLE

2 - ARRANGEMENT

3 - DEFINITIONS

In this award:
"Corporation" means the Telstra Corporation Limited
"Determination" means a determination made pursuant to the General Power of Attorney of the Telstra Corporation Act Limited dated 31 January 1992.
"The general determination" means the determination made on 30 June 1989 pursuant to section 85 of the Australian Telecommunica- tions Corporation Act 1989.

4 - PARTIES BOUND

This award shall be binding upon: (1) The organisations named in schedule D, their respective officers and members, being the claimant organisations, to the extent that in another award, it is provided that the provisions of a clause or clauses of this award shall apply.
(2)The corporation in respect of employees to the extent that in another award it is provided that the provisions of a clause or clauses of this award shall apply.

5 INCONSISTENCY WITH ACT AND DETERMINATIONS

(1) This award shall be read in conjunction with the Telstra Corporation Act 1991 as amended from time to time and determinations.
(2) Where the said Act and determinations are inconsistent with the provisions of this award the latter shall prevail.

6 - DURATION

This award shall come into operation on 14 July 1989 and remain in force for a period of six months.

7 - RESERVATION

Leave is reserved to all parties to make application to vary this award during its currency.

8 - STAFF

The Corporation may appoint a person as an employee, or transfer or advance/promote an employee within the Corporation provided that such appointment, transfer or advancement/promotion is made in accordance with the provisions of this award.
(1) All employment will be as an employee;
(2) an employee will be engaged on a full-time or part-time basis or as a casual or fixed term employee where prescribed by the relevant specific conditions of employment award/agreement;
(3) salaries although expressed as annual rates will, for the purposes of employment be payable fortnightly;
(4) an employee is entitled to retire from the employment of the Corporation on or after attaining the age of 65 years; and
(5) an employee's employment with the Corporation shall normally cease when the employee attains the age of 65 years.

9 - ADVANCEMENT/PROMOTION APPEALS

Selection criteria (1) Selection for advancement/promotion or temporary performance shall be on the ground of relative efficiency or equal efficiency and seniority. Right of appeal [9(2) substituted by V006 from 14Jul90]
(2) Subject to this clause, an employee (except for executive level classifications) may appeal against:
(a) The provisional promotion of an employee provided the appellant is of a lower classification than that to which the provisional promotion is made;
(b)a direction for temporary performance by an employee provided the appellant is available and both employees are of lower classification than that prescribed for the duties to be performed; or
(c)the selection of an employee to undertake a course of training at the completion of which an employee is promoted, except where the selection is based solely on the result of a competitive examination.
Appeals in relation to paragraphs 9(2)(a) and (c) must be received by the Promotions Appeal Board within 21 days of notification of the provisional promotion. Grounds of appeal
(3) An appeal against a provisional promotion and temporary performance may be lodged by an employee on the ground of superior efficiency or equal efficiency and seniority. Determination of appeal
(4) Upon appeal(s) being made, a promotions appeal board shall make a full enquiry into the claims of the appellant or appellants and the claims of the employee, and determine such appeal(s). The corporation shall take such action as necessary to give effect to the promotions appeal board determination. Promotions appeal boards
(5)(a)There shall be established, as required, promotions appeal boards whose function will be to hear and determine appeals in accordance with procedures agreed between the parties.
(b) A promotions appeal board shall be constituted by:
(i) A chairperson, being a person selected in accordance with procedures agreed between the corporation and the staff organisation whose membership includes the largest number of employees of the corporation (ii) an employee nominated by the corporation for the purpose of the appeal; and (iii) an employee nominated by the appropriate staff organisation prescribed under clause 36 of this award. Conduct of inquiries
(6) A promotions appeal board shall exercise its power having regard to the principles of natural justice including procedural fairness.

10 - EMPLOYEE CONDUCT AND DISCIPLINE

(1) Behaviour by an employee shall be regarded as constituting misconduct if the employee:
(a) Wilfully disobeys or wilfully disregards a direction given them as an employee and given by a person having authority to give the direction;
(b)is inefficient or incompetent by reason of causes within their own control; (c)is negligent or careless in the discharge of their duties;
(d)is guilty of improper conduct as an employee;
(e)is guilty of improper conduct otherwise than as an employee, being conduct that adversely affects the performance of their duties, is prejudicial to the interests of the corporation or damaging to the business of the corporation;
(f) contravenes or fails to comply with the terms and conditions upon which they are employed; or
(g) has, whether before or after becoming an employee, wilfully supplied to the corporation, to an employee or to some other person acting on behalf of the corporation, incorrect or misleading information in connection with their employment with the corporation.
(2)Where the corporation initiates disciplinary action against an employee in connection with alleged misconduct, the matter shall be handled in accordance with procedures agreed between the parties which are set out in the exhibit "Procedures agreed between the Australian Telecommunications Corporation and the staff organisations respondent to the Telecom General Conditions of Employment Award 1989" and which was tendered in the proceedings which lead to the making of this award. An employee upon whom the corporation has imposed disciplinary action shall have the right to appeal to a disciplinary appeal board against such disciplinary action in accordance with the above procedures agreed between the parties.
(3) A disciplinary appeal board shall be constituted by:
(a) A chairperson, being a person selected in accordance with procedures agreed between the corporation and the staff organisation whose membership includes the largest number of employees of the corporation;
(b) an employee nominated by the corporation for the purpose of the appeal; and
(c) a person nominated by the appropriate staff organisation prescribed under clause 36 of this award.

11 - FIVE DAY WORKING WEEK

The hours of duty to be worked per week by employees in any particular branch or section of the corporation may be so arranged as to confine these hours to five days per week, i.e. Monday to Friday.
Provided that should it be necessary to require the attendance in rotation of employees on a Saturday during the hours they would normally have been required to work but for this clause, they shall be allowed time off, in the following week if practicable, equivalent to the time of such attendance.

12 - OVERTIME GENERAL CONDITIONS RE PAYMENT

Payment for overtime shall be subject to the following conditions:
(1) The overtime is worked by the previous direction of the officer-in-charge or other employee authorised by the corporation or (if the circumstances do not permit of previous direction) is subsequently approved in writing by the officer-in-charge or employee authorised by the corporation.
(2) An employee's salary for the purpose of computation of overtime shall include higher duties allowance and/or any allowance in the nature of salary.
(3)Overtime shall be calculated to the nearest quarter of an hour of the total amount of overtime to be claimed in each fortnightly period.
(4) The hourly rate for overtime payment shall be ascertained by applying the following formulae:

 (a) Time and a half rate:

 __Annual_salary__      x        _______6________    x    __3__
      313                        Prescribed weekly          2
                          hours before overtime is payable

  (b) Double time rate:
      __Annual_salary__     x    _______6________     x      2
             313                   Prescribed weekly
                         hours before overtime is payable

13 - OVERTIME - MINIMUM PAYMENT

(1) Subject to this clause, where an employee is required to perform overtime duty, and such duty is not continuous with ordinary duty, the minimum overtime payment payable for each separate overtime attendance shall be for four hours at the prescribed overtime rate.
(2) For the purposes of determining whether an overtime attendance is or is not continuous with ordinary duty, or is or is not separate from other duty, meal periods shall be disregarded.
(3) Where an overtime attendance not continuous with ordinary duty, involves duty both before and after midnight, the minimum payment provisions of this clause shall be satisfied when the total payment for the whole of the attendance equals or exceeds the minimum payment applicable to one day. Where a higher overtime rate applies on one of the days, the minimum payment shall be calculated at the higher rate.
(4) The provisions of this clause shall apply to overtime duty performed by employees whilst in any restriction situation specified in clause 24 of this award except passive duty or duty officer, provided that:
(a)The minimum overtime payment payable should be for three hours (in lieu of four hours as prescribed in subclause (1) of this clause); and
(b) Where more than one attendance is involved, the minimum overtime payment provision shall, (subject to a minimum payment of three hours) not operate to increase an employee's overtime remuneration beyond that to which they would have been entitled had they remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance.
(5)The provisions of this clause shall not apply to duty which is covered by clause 20 of this award.

14 - PAYMENT FOR HOLIDAY DUTY

(1)Subject to this clause, for rostered holiday duty which is not in excess of the prescribed weekly hours, an employee shall be entitled to extra payment at the rate of time and a half for the actual time worked on the holiday.
(2)The minimum extra payment payable under subclause (1) of this clause for each separate attendance shall be for four hours in the case of employees who are not in any restriction situation specified in clause 24 of this award.
(3)The minimum extra payment payable under subclause (1) of this clause for each separate attendance shall be for three hours in the case of employees who are in any restriction situation specified in clause 24 of this award other than passive duty or duty officer. Provided that where more than one attendance is involved, the minimum payment provision shall (subject to a minimum payment of three hours), not operate to increase an employee's extra remuneration beyond that to which they would have been entitled had they remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance.
(4)For the purposes of the foregoing subclauses of this clause: (a) duty broken by a meal period shall not constitute more than one attendance; and (b) the minimum extra payment shall not be applicable to holiday ordinary duty which, disregarding meal periods, is continuous with ordinary duty occurring on the day preceding or on the day succeeding the holiday.
(5) For holiday duty (other than rostered duty) which is not in excess of the prescribed weekly hours, an employee shall be entitled to extra payment as prescribed in the foregoing subclauses of this clause.
(6)Overtime worked on a public holiday shall be paid at the rate of two and a half times the employee's annual salary rate, subject to the limitations set out in clause 12 of this award. Provided that in the case of a holiday overtime attendance not continuous with ordinary duty, the payment so resulting shall be subject to the minimum overtime payment provisions contained in clause 13 of this award.
(7)Except with the approval of the corporation, the provisions of subclauses (5) and (6) shall not apply to the occupants of positions which are not eligible for payment in accordance with subclause 12(6).
(8) Where, in a cycle of shifts on a regular roster, an employee is required to perform rostered duty on each of the days of the week, that employee shall, in respect of a public holiday which occurs on a day on which they are rostered off duty, be granted, if practicable, within one month after the holiday, a day's leave in lieu of that holiday.
(9) Where in any case, it is not practicable to grant a day's leave in pursuance of subclause (8) the employee shall be paid, in its stead, one day's pay at the ordinary rate.
(10) For the purpose of this clause a holiday means a holiday as prescribed in or authorised or appointed by the corporation under the provisions of Telecommunications (Staff) By-law 40 (Holidays and holiday duty) as preserved by the general determination.

15 - CHRISTMAS DAY

Subject to this clause, for duty performed on 25 December an employee shall be entitled to payment as prescribed in clause 14 of this award.
Provided that where 25 December falls on a Sunday and another day is substituted as a holiday for 25 December under the provisions of Staff By-law 40 as preserved by the general determination then an employee who works on 25 December shall not be paid at the holiday rate on the said substituted day if they work on that day. The payment for duty on the said substituted day shall be in accordance with clause 16 of this award.
Provided further that where 25 December falls on a Saturday and another day is substituted as a holiday for 25 December, then an employee who works on 25 December shall not be paid at the holiday rate on the said substituted day if they work on that day. The payment for duty on the said substituted day shall be in accordance with clause 17 or clause 18 of this award as appropriate.

16 - PAYMENT FOR SUNDAY DUTY

(1)For Sunday duty not in excess of the prescribed weekly hours, payment shall be made at the rate of single time additional to the ordinary rate of pay.
(2) Overtime worked on a Sunday shall be paid for at the rate of double time provided that in the case of a Sunday overtime attendance not continuous with ordinary duty, the payment so resulting shall be subject to the minimum overtime payment provision contained in clause 13 of this award.
(3) An employee who has been required to perform in addition to their prescribed hours of duty for the week a full day's duty on Sunday shall, wherever practicable, be granted a day off during the six days succeeding that Sunday, and in such cases, the payment for Sunday attendance shall be one day's pay.
(4) If an employee who is required to attend for duty on Sunday has conscientious scruples against Sunday duty, they may apply for permission to furnish a substitute.
(5) Notwithstanding anything contained elsewhere in this clause, the occupants of positions which are not eligible for payment in accordance with subclause 12(6), shall not, except with the approval of the corporation, be entitled to receive payment for, or a period off duty in respect of, overtime duty performed on a Sunday.
(6) Sunday pay shall be granted for any scheduled duty performed between midnight on Saturday and midnight on Sunday.
(7)Additional payment for duty not in excess of prescribed weekly hours, as provided by this clause, shall be made in respect of any such duty which an employee would have performed had they not been on approved recreation leave.

17 - PAYMENT FOR SATURDAY DUTY - SHIFT WORKERS

(1) For all rostered time of ordinary duty performed between midnight on Friday and midnight on Saturday by an employee to whom this clause applies, payment shall be made at the rate of half-time additional to their ordinary rate of pay.
(2) The provisions of this clause shall apply to an employee who performs duty on:
(a) Alternating or rotating shifts involving the performance of rostered duty:
(i) Commencing before 6.30 a.m. or terminating after 6.30 p.m. or at or before 8.00 a.m. Monday to Friday; or
(ii) terminating at or before 8.00 a.m. or after 1.00 p.m. on Saturday; or
(b)a constant shift involving the regular performance of ordinary duty after 1.00 p.m. on Saturday; or
(c)a shift which, but for its being worked continuously with the approval of the corporation or to suit corporation convenience, would fall within the terms of paragraph (a).
(3) For overtime duty performed on a Saturday, payment shall be made at the rate of double time. Provided that, in the case of a Saturday overtime attendance not continuous with ordinary duty, the payment so resulting shall be subject to the minimum overtime payment provisions contained in clause 13 of this award.
(4)The period for which the additional payment prescribed by this clause shall be paid, shall be calculated to the nearest quarter of an hour of the total amount to be claimed in each fortnightly period.
(5)In any locality where a day other than Saturday is observed as the weekly half-holiday, such other day shall be substituted for Saturday in the application of this clause.
(6) Additional payment for rostered time of ordinary duty, as provided by this clause, shall be made in respect of any such duty which an employee would have performed had they not been on approved recreation leave.

18 PAYMENT FOR SATURDAY OTHER THAN SHIFT

(1)Except as provided in subclause (2), for all rostered time of ordinary duty performed on a Saturday, payment shall be made at the rate of 40 per cent additional to the ordinary rate of pay.
(2)The provisions of this clause shall not apply to duty which is covered by clause 17 of this award.
(3)The period for which the additional payment prescribed by this clause shall be paid, shall be calculated to the nearest quarter of an hour of the total amount to be claimed in each fortnightly period.
(4)In any locality where a day other than Saturday is observed as the weekly half-holiday, such other day shall be substituted for Saturday in the application of this clause.
(5) Additional payment for rostered time of ordinary duty, as provided by this clause, shall be made in respect of any such duty which an employee would have performed had they not been on approved recreation leave.

TELECOM GENERAL CONDITIONS OF EMPLOYMENT AWARD 1989

STATUS: Full Text but see note
UPDATED TO: Text is up to date. last updated Feb 96
COMMENTS: The Annexure re Disciplinary Procedures follows
NOTES: Where salaries and allowances are set out in an Award, these are usually out of date as enterprise Agreements supercede the Award rates. These can be found in the Database under Salaries Editors comments are in brackets [comment]

T238 [Telstra]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

TELECOM GENERAL CONDITIONS OF EMPLOYMENT AWARD 1989 (ODN C No. 25724 of 1989)

COMMISSIONER LEWIN ADELAIDE, 8 SEPTEMBER 1989