This award shall be known as the Optus Award 2000.
Omitted - See Index above
3.1 In this award:
3.1.1 Optus means Optus Administration Pty Limited.
3.1.2 The union means the Communications Division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
4.1 This award shall be binding upon:
4.1.1 Optus Administration Pty Limited and
4.1.2 The Communications Division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
This award shall come into operation on 20 October 2000 and remain in force for a period of three years.
6.1 This award shall apply to all employees of Optus engaged in or in connection with the private sector telecommunications industry to which the remuneration levels and designations in Appendix B - Designations and Appendix C - Minimum remuneration are applicable.
6.2 This award shall apply to all of the employees referred to in 6.1, including employees who are partially exempt pursuant to clause 17 - Partial exemptions, to the exclusion of all other Federal and State awards.
6.3 This award shall be binding on Optus, the union and its members and employees of Optus to whom the remuneration and designation levels in Appendix B - Designations and Appendix C - Minimum remunerations are applicable, whether members of the union or not.
7.1 Full time employees will be engaged on a monthly basis.
7.2 It is a condition of this award that no full time employee shall be transferred to less than full time employment without his/her written consent.
7.3 Persons may be employed by Optus for a mutually agreed fixed term or project. Such employees (as distinct from casual employees) will be entitled to at least minimum pro rata remuneration and conditions as provided in this award based on the equivalent full time position and set out in an individual contract of employment. At the conclusion of this period or project the employee will be paid any outstanding entitlements but will not be entitled to any redundancy payment.
7.4 Persons employed on a regular basis, less than 38 hours per week, may be engaged as part time employees. The number of hours worked by such employees may vary from week to week but only by mutual agreement between the employee and Optus.
7.5 Part time employees will be entitled to a base hourly rate equivalent to 1/38th of the weekly remuneration and will be entitled to pro rata conditions provided in this Award based on the comparable full time position. Any period of accrued leave or payment in lieu where applicable shall be paid on a pro rata basis.
7.6 Persons may be engaged as casual employees on an hourly basis.
7.7 A casual employee shall be entitled to a base hourly rate during core hours of 1/38th of the comparable full time weekly remuneration plus a loading of 20% of the applicable award rate in lieu of leave provisions available to other categories of employees.
7.8 Employees may be directed to, and shall carry out, such duties as are within the limits of the employee's skill, competence and training.
8.1 Full time and part time employees may be initially engaged on a probationary basis for a maximum of 3 months for the purpose of determining the employee's suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation.
8.2 A probationary employee is for all purposes of this award a full time or part time employee and probationary employment forms part of an employee's period of continuous service for all purposes of this award.
9.1 In the case of full time and part time employees one month's notice (or payment or forfeiture in lieu of notice) of termination of employment shall be given by the employee or Optus.
9.2 When a full time or part time employee is over 45 years of age and has two years service, 5 weeks notice (or payment in lieu of notice) of termination of employment shall be given by Optus.
9.3 In the case of a casual employee, and subject to the Workplace Relations Act 1996, one hour's notice of termination of employment shall be given by the employee or Optus.
9.4 If during an employee's probationary period either party decides not to continue the employment contract during or at the conclusion of this period, the notice of termination period will be one week or payment in lieu of notice. This reduced notice of termination period can only be exercised by either party during the probationary period or at the conclusion of this period.
9.5 The employment of fixed term employees may be terminated by Optus or the employee giving one week's notice or payment in lieu of notice.
9.6 The periods of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal including neglect of duty or misconduct.
Any employee whose employment position has become redundant shall receive severance payment of two weeks remuneration per completed year of service. This payment shall not exceed 40 weeks to any such employee. In addition such employees will be entitled to the full payment of any accrued leave entitlements.
11.1 All hours of the week will be divided between core hours and non core hours. Core hours will be between 7.00 a.m. and 7.00 p.m. All other times shall be non core hours. Any variation to these start and finish times of the core hours on a workplace by workplace basis shall only be by agreement of relevant employees and management but in any case core hours will not be varied from a 12 hour span.
11.2 Ordinary hours of work of full time employees, other than those working roster shifts will be 38 hours per week or 76 hours per fortnight as determined by Optus and will ordinarily be worked Monday to Friday.
11.3 Retail employees, however shall work their ordinary hours between Monday and Saturday.
11.4 The ordinary hours of work for shift work shall average 152 hours per 4 weeks over the shift cycle nominated for each operational group or workplace.
11.5 Start and finish arrangements for each employee's ordinary hours will be initially determined by management to reflect the differing operational requirements within each workplace; these arrangements can be varied by agreement between management and the relevant employee(s) at each worksite.
11.6 In determining variations in start and finishing times Optus shall have regard to the impact such changes may have on employees with family responsibilities.
12.1 There shall be three rates of pay:
12.1.1 a core rate shall apply for all ordinary hours worked within core hours;
12.1.2 a non core rate shall be paid for all rostered ordinary hours of work any part of which starts or finishes or starts and finishes either side of the core hours. (Such work shall be known as shift work); and
12.1.3 an overtime rate shall apply for all hours worked in excess of 38 hours per week or 76 hours per fortnight according to the ordinary hours arrangements the employee is working.
12.2 Core rate
The core rate shall be the employee's rate of remuneration as set out in clause 18 - Classifications and clause 19 - Remuneration structure and payment and Appendix C - Minimum remuneration.
12.3 Non core rate definition
12.3.1 Afternoon shift means any shift of ordinary hours finishing after 7.00 p.m. and at or before midnight.
12.3.2 Night shift means any shift of ordinary hours finishing after midnight and at or before 7.00 a.m.
12.3.3 Morning shift means any shift of ordinary hours starting after midnight and finishing after 7.00 a.m.
12.4 Loadings Monday to Friday
12.4.1 Employees rostered to work afternoon shift shall be entitled to a loading of 15% of the core rate for each such shift worked.
12.4.2 Employees rostered to work night shift shall be entitled to a loading of 20% of the core rate for each such shift worked.
12.4.3 Employees rostered to work morning shift shall be entitled to a loading of 10% of the core rate for each such shift worked.
12.5 Loading Saturday, Sunday and public holidays
12.5.1 All rostered shift work, the major part of which is performed between 11.00 p.m. Friday and midnight Saturday, shall be entitled to a loading of 50% of the core rate for each such shift worked.
12.5.2 All rostered shift work, the major part of which is performed between 11.00 p.m. Saturday or on the night preceding a public holiday and midnight on the Sunday or public holiday, shall be entitled to a loading of 100% of the core rate for each such shift worked.
12.6 Non Core Overtime
12.6.1 All time worked by a rostered shift worker outside or in excess of his/her normal hours; or on a non rostered shift shall be entitled to be paid:
12.6.1(a) at the rate of double time on continuous shifts; or
12.6.1(b) at the rate of time and a half for the first 3 hours and double time thereafter on a non rostered shift; or
12.6.1(c) at the rate of double time for all the time worked where that work occurs on a Sunday; or
12.6.1(d) at the rate of double time and a half for all the time worked where that work occurs on a public holiday.
12.6.2 A minimum payment of 4 hours at overtime rates is payable for work performed on a Saturday, Sunday or public holiday except where such work continues on from the employee's ordinary hours without a break.
12.7 Exemptions
12.7.1 Where employees agree or have agreed to a 12 hour shift operation, the costs to Optus shall be no more than for an 8 hour shift operation unless there is an alternative rate established by agreement with the union.
12.7.2 Shift loadings are not payable in respect of overtime, long service leave, sick leave, bereavement leave, jury service, special leave, study leave or while on call.
12.8 Youth rates
Age % of relevant adult salary 17 or under 60 18 70 19 80 20 90
13.1 A shift roster shall be prepared by management at each worksite after consultation with employees giving employees a minimum 7 days prior notice of the roster.
13.2 Any management initiated roster variation which does not permit 7 days prior notice shall only occur on the basis of unforeseen circumstances, for example illness or emergency.
13.3 Employees may, within criteria set up by workplace management, exchange shifts with fellow employees subject always to local operational requirements. In such circumstances, only the employee actually doing the work is entitled to any applicable rate. No additional costs shall be paid by Optus for such arrangements.
13.4 Employees may be required, on a rostered basis, to work at least one additional shift each roster period at the applicable overtime rate.
13.5 Overtime worked in conjunction with rostered shift work shall attract either the non core rate or overtime rate whichever is the larger but not both.
13.6 Employees who have completed one year's employment of continuous 7 day shift work will be entitled to an additional 5 working days' leave. Employees who have completed less than one year's such work shall be entitled to a pro rata entitlement to such leave.
13.7 Shift employees while on annual leave shall receive a loading equal to the average shift loading incurred for that year or a pro rata loading for any employees who have completed less than one year's such work.
13.8 Employees whose scheduled day off falls on a public holiday shall be entitled to an additional day's leave.
13.9 In determining variations in start and finishing times Optus shall have regard to the impact such changes may have on employees with family responsibilities.
14. OVERTIME NON SHIFT WORKERS
14.1 Employees shall be required to work overtime as reasonably required by Optus and shall only be entitled to overtime where such overtime has been directed to be undertaken. Such employee(s) should lodge an application for payment of overtime within 14 days of overtime being worked to ensure the timely payment of overtime.
14.2 Overtime at the rate of time and a half for the first 3 hours and double time thereafter shall be paid for all time directed to be worked in excess of weekly or fortnightly hours according to the ordinary hours arrangement the employee is working.
14.3 For such work done on Saturday the overtime rate is time and one half for the first 3 hours and double time thereafter. For such work done on a Sunday the overtime rate is double time for all time worked. For such work done on a public holiday the overtime rate is two and a half times for all time worked. A minimum payment of 4 hours at overtime rates is payable for work performed on a Saturday, Sunday or public holiday except where such work continues on from the employee's ordinary hours without a break.
14.4 Time off in lieu of overtime may be available to Optus employees at the request of the employee and with the agreement of the designated workplace manager.
14.5 The time off in lieu shall in all instances equal the period of overtime actually worked and shall be taken within one month of entitlement having regard to the operational requirements of the employee's workplace.
15. UNSCHEDULED CUSTOMER SERVICING
15.1 an employee or employees to be available for responding to unscheduled servicing requirements. Employees on such a roster must respond in the appropriately identified manner to the relevant service request within 1 half hour of being contacted.
15.2 Employees rostered to be available for such duty will be entitled to a payment of 20% of the hourly rate pursuant to clause 18 - Classifications and clause 19 - Remuneration structure and payment and Appendix C - Minimum remuneration.
15.3 Any rostered employee required to report to the worksite, customer's premises or to access home based work equipment, shall be entitled to be paid the appropriate overtime rate. A minimum period of 3 hours at the applicable overtime rate shall be paid for any unscheduled call out.
16.1 All employees will be entitled to a minimum of one half hour meal break and other reasonable breaks. The timing and duration of such breaks will be structured by management to meet the operational and occupational health and safety requirements within and between individual worksites.
16.2 Such breaks will not be extended to provide for split shifts.
16.3 No employee will be required to work for more than 5 hours without a meal break. The scheduling of meal breaks for part time employees, where applicable, shall have regard to their scheduled start and finish times.
16.4 Employees required to work overtime or attend to an unscheduled customer service shall receive at least 10 hours, inclusive of travel, minimum break before resuming normal work. This period shall be reduced if the overtime worked is as a consequence of voluntarily exchanged shifts.
16.5 In times of identified emergency situations, provisions relating to scheduled breaks shall be relaxed until the emergency has been brought into a controlled situation.
The award provisions relating to ordinary hours of work, start and finish times, overtime, unscheduled customer servicing and other provisions as are agreed with the union shall not apply to employees in specified classifications as set out in Appendix B - Designations and Appendix C - Minimum remuneration and also as may be agreed from time to time with the union.
18.1 Optus employees will be engaged at an appropriate grade level within the classification groups of:
18.2 Employees will be further classified within each grade according to:
18.3 New employees will be engaged at an appropriate level within the structure depending on management's assessment of their skills and expertise.
19. REMUNERATION STRUCTURE AND PAYMENT
19.1 Based on a clearly identified position within the classification structure and on the utilisation of nominated skills, the minimum remuneration, inclusive of an amount in lieu of annual leave loading, for each classification grading will be as set out in Appendix C - Minimum remuneration.
19.2 Salaries will be paid by Optus fortnightly (except by agreement with the employee) into a bank account nominated by the employee. Employees engaged in a partially exempt classification in accordance with clause 17 - Partial exemptions shall be paid monthly.
19.3 All employees shall be entitled to claim reimbursement of work related expenses as specified in the Optus policies.
19.4 By agreement with Optus, employees may elect to have superannuation contributions made on their behalf and any benefit so made is made in substitution for the remuneration entitlements specified in this award, therefore reducing the employee's entitlement to receive that portion of their remuneration as salary.
The subject of superannuation cotributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation as varied from time to time, governs the superannuation rights and obligations of the parties.
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