CEPU Home Page and Database - Communications Union

VISIONSTREAM PTY LTD FIELDWORK AGREEMENT 2014 - 2018



PART I - APPLICATION AND OPERATION
	1.	TITLE
	2.	DEFINITIONS
	3.	PARTIES BOUND
	4.	APPLICATION
	5.	NOMINAL EXPIRY DATE
	6.	OBJECTIVES AND COMMITMENTS
PART II - CONSULTATION, REPRESENTATION AND DISPUTES RESOLUTION
	7.	CONSULTATION TERM
	8.	CHANGE TO REGULAR ROSTER OR ORDINARY HOURS OF WORK
	9.	EMPLOYEE REPRESENTATIVE
	10.	POSTING OF AGREEMENT
	11.	DISPUTES RESOLUTION PROCEDURE
PART III - SAFETY
	12.	GENERAL SAFETY MATTERS
	13.	PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS
PART IV - EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
	14.	ORDINARY DUTIES
	15.	INDUCTIONS
	16.	PROBATIONARY PERIOD
	17.	CONTRACT OF EMPLOYMENT - CASUALS
	18.	DISCIPLINARY PROCEDURE
	19.	ABANDONMENT OF EMPLOYMENT
	20.	STAND DOWN
	21.	TERMINATION
	22.	REDUNDANCY
PART V - HOURS OF WORK, ROSTERED DAYS OFF, SHIFT WORK, BREAKS, OVERTIME
	23.	HOURS OF WORK
	24.	ROSTERED DAYS OFF (RDO)
	25.	SHIFT WORK
	26.	BREAKS
	27.	OVERTIME
PART VI - WAGE RATES
	28.	CLASSIFICATION STRUCTURE AND RATES OF PAY
	29.	WAGES
	30.	SUPERANNUATION
	31.	PAYMENT OF WAGES
PART VII - ALLOWANCES
	32.	COMPANY REQUIRED TRAVEL
	33.	MEAL ALLOWANCE
	34.	USE OF PRIVATE VEHICLE
	35.	USE OF COMPANY VEHICLE
	36.	DAILY TRAVEL TIME
	37.	LIVING AWAY FROM HOME ALLOWANCE (`LAFHA')
	38.	LEADING HAND ALLOWANCE
	39.	HEIGHT ALLOWANCE
	40.	ON CALL
PART VIII - LEAVE AND PUBLIC HOLIDAYS
	41.	ANNUAL LEAVE
	42.	PUBLIC HOLIDAYS
	43.	PERSONAL LEAVE / CARERS LEAVE
	44.	PARENTAL LEAVE
	45.	COMPASSIONATE LEAVE
	46.	COMMUNITY SERVICE LEAVE
	47.	LONG SERVICE LEAVE
PART IX - TRAINING AND RELATED MATTERS
	48.	TRAINING AND RELATED MATTERS
	49.	TRAINEES
PART X - GENERAL EMPLOYMENT ARRANGEMENTS
	50.	AMENITIES
	51.	CLOTHING ISSUE AND SAFETY FOOTWEAR AND EQUIPMENT
	52.	FLEXIBILITY TERM
	53.	NO EXTRA CLAIMS
	54.	RELATIONSHIP WITH OTHER AWARDS AND AGREEMENTS
	55.	MOBILE PHONES AND OTHER ELECTRONIC EQUIPMENT
	56.	FITNESS FOR WORK
	57.	SMOKING
	58.	SIGNATORIES
APPENDIX A 
	- CLASSIFICATION STRUCTURE AND RATES OF PAY
APPENDIX B
	- PRESERVED CONTINGENCY REDUNDANCY ENTITLEMENT ("PCRE")

Status

[2014] FWCA 9128
Fair Work Act 2009 s.185-Enterprise agreement

Visionstream Pty Ltd

(AG2014/9564)

VISIONSTREAM PTY LTD FIELDWORK AGREEMENT 2014-2018
Telecommunications services

COMMISSIONER CRIBB MELBOURNE, 16 DECEMBER 2014

Application for approval of the Visionstream Pty Ltd Fieldwork Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Visionstream Pty Ltd Fieldwork Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visionstream Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] In so finding, I have taken into consideration the submissions of a number of parties on various matters.

[4] In relation to the provision in the Agreement relating to long service leave (clause 47.3), a Full Bench of the Commission in Armacell Australia Pty Ltd and Others1 (Armacell) considered the interaction of enterprise agreements with State and Territory laws in relation to long service leave. At paragraphs 29 and 30 of Armacell, the Bench observed that:

"[29] While s.29(1) provides that as a general rule enterprise agreements prevail over

State laws to the extent of any inconsistency, s.29(2) provides an exception in relation to a term of an enterprise agreement which is inconsistent with, relevantly, a law of a State or Territory covered by s.27(1)(c). Section 27(1)(c), as we have already noted, refers to non-excluded matters, one of which is long service leave. [30] The effect of these provisions is that in the event of inconsistency between a term of an enterprise agreement dealing with long service leave and State long service leave legislation the latter prevails. Accordingly, to the extent that a term in an enterprise agreement purports to permit cashing out of long service leave in circumstances where it would not be permitted under the relevant State legislation, the term is of no legal effect." [Footnotes omitted]

[5] With respect to this Agreement, it is therefore the case that, where any of the terms of the Agreement in relation to long service leave are inconsistent with State long service leave legislation, the Agreement term is of no legal effect.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement was approved in Chambers on 16 December 2014 and, in accordance with s.54 of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 22 December 2018.

1 [2010] FWAFB 9985