21.1 Annual leave
21.1.1 Full time employees will be entitled to 4 weeks' annual leave upon each completed year of service.
21.1.2 Part time and fixed term time employees will be entitled to pro rata leave; the pro rata entitlement for part time employees shall be determined by reference to hours ordinarily worked.
21.1.3 Shift workers who have completed one year's continuous shift work are entitled to one additional working week's annual leave as set out in 13.6.
21.2 Sick leave
21.2.1 A full time employee who is unable to work on account of illness or injury not covered by workers compensation will be entitled to paid sick leave as follows:
21.2.2 Block time and part time employees will have an entitlement to pro rata paid sick leave.
21.2.3(a) As far as is practical, an employee will notify Optus of his/her inability to attend work because of illness or injury at least one hour before the commencement of his/her next scheduled starting time.
21.2.3(b) This notice must include the nature of the illness, or injury, (if known) and the estimated duration of absence.
21.2.3(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify Optus by telephone at the first opportunity.
21.2.4 For payment of sick leave to be authorised the employee must provide evidence by a medical certificate from a qualified medical practitioner where the sick leave extends beyond three consecutive days, or after the third day of sick leave in any year.
21.2.5 An employee's outstanding paid sick leave entitlement at the end of each year shall accumulate to a maximum of 760 hours, or to an equivalent pro rata accumulation in the case of a part time employee.
21.2.6 Accumulated paid sick leave entitlements may be used as sick leave if the current year entitlement has been exhausted.
21.3 Parental leave
Employees shall be entitled to parental leave provisions in accordance with Appendix D - Parental leave.
21.4 Jury leave
Employees summoned to attend jury service will continue to receive their salary for the duration of the attendance.
21.5 Bereavement leave
21.5.1 An employee is entitled to up to two days paid bereavement leave on the occasion of the death of a member of the employee's immediate family.
21.5.2 Optus may require the employee to provide satisfactory evidence of the death.
21.5.3 For the purposes of this clause immediate family shall include:
21.5.3(a) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite, or same sex, who lives with the employee as husband, wife, or same sex partner, on a bona fide domestic basis although not legally married to the employee; and
21.5.3(b) a child, adult child (including an adopted child, a stepchild or an ex-nuptial child), parent, parent-in-law, grandparent, grandchild, sibling of the employee or of the spouse of the employee.
21.6 Carer's leave
21.6.1 A full time employee with responsibilities in relation to members of his/her immediate family who require his/her care and support is entitled to use up 38 hours per annum of his/her paid sick leave entitlement to provide care and support for such persons when they are ill and no alternative carer is reasonably available.
21.6.2 Block time and part time employees will have an entitlement to pro rata carer's leave on the same basis.
21.6.2(a) As far as is practical, an employee will notify Optus of his/her inability to attend work because of a requirement to provide care to an immediate family member at least one hour before the commencement of his/her next scheduled starting time.
21.6.2(b) This notice must include the name of the person requiring care and their relationship to the employee, nature of the illness, or injury, (if known) and the estimated duration of absence.
21.6.2(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify Optus by telephone at the first opportunity.
21.6.3 For payment of carer's leave to be authorised, the employee must, where required by Optus, provide evidence by a medical certificate from a qualified medical practitioner confirming the illness/injury of the person and that such illness/injury necessarily required the care of the employee for the period involved.
21.6.4 For the purposes of this clause immediate family shall include:
21.6.4(a) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite, or same sex, who lives with the employee as husband, wife, or same sex partner, on a bona fide domestic basis although not legally married to the employee; and
21.6.4(b) a child, adult child (including an adopted child, a stepchild or an ex-nuptial child), parent, parent-in-law, grandparent, grandchild, sibling of the employee or of the spouse of the employee.
21.6.5 Subject to the maximum annual entitlement of 38 hours, any paid carer's leave taken by an employee in a year will be deducted from the employee's entitlement to paid sick leave in that same year, or, if the current year sick leave entitlement has been exhausted, from the employee's accumulated sick leave balance.
21.6.6 An employee may take unpaid carer's leave by agreement with Optus.
21.7 Public holidays
Employees are entitled to all relevant gazetted public holidays in their State of employment.
21.8 Long service leave
Employees' eligibility will be determined according to the relevant legislation of their State of residence.
21.9 Other leave
Optus will consider applications for paid and unpaid leave for other purposes. Such applications will be considered on their merit and within the context of Optus' operational requirements.
21.10 Family leave
Optus will reasonably consider any application for paid and unpaid family leave to enable employees to provide short term assistance to ill members of their immediate family.
22. ISSUE PREVENTION AND RESOLUTION
The parties agree to facilitate the constructive and speedy resolution of any issue of concern at the workplace and recognise that this commitment is critical to maintaining harmonious employee relations and to ensuring that customers are guaranteed continual access to Optus' network. The parties agree that all issues of concern should, in the first instance, be processed within the Optus employee relations environment. The supporting processes are contained in Appendix A - Issue prevention and resolution.
23.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 (the Act) through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
23.2 Accordingly, in fulfilling their obligations under clause 22 - Issue Prevention and Resolution, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.
23.3 Nothing in this clause is to be taken to affect:
23.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;
23.3.2 junior rates of pay until 22 June 2000 or later date determined by the Commission in accordance with s. 143(1E) of the Act;
23.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;
23.3.4 the exemptions in section 170CK (3) and (4) of the Act.
24.1 Any Optus employee who as a result of any injury suffered in the course of his or her employment with Optus receives payments under workers' compensation legislation, shall be paid by Optus the difference between the payments received under the workers' compensation legislation and the rate of pay provided for the employee by Optus pursuant to clause 18 - Classifications and clause 19 - Remuneration structure and payment and Appendix C - Minimum remuneration.
24.2 Subject to the employee's adherence to approved return to work plans and/or rehabilitation programmes, such make up pay will be payable for up to 26 weeks in respect of a particular injury.
APPENDIX A - ISSUE PREVENTION AND RESOLUTION
1. An employee who anticipates or is experiencing a job-related problem should in the first instance discuss it with his or her immediate supervisor or manager.
1.1 Managers are required to set aside the time necessary for a fair and frank discussion. Under no circumstances shall a manager react in any way negatively against an employee who has raised a complaint.
1.2 When appropriate, managers should investigate the facts, consider any policies and practices that may be applicable and consult with their Human Resources representative as required. The manager should give the employee a specific response within a reasonable period of time.
2. If the problem is not resolved at this level, or if there is some reason why the problem cannot be discussed with the immediate supervisor, the employee may take it to the next level manager or their Human Resources representative.
3. Should the above steps fail to resolve the issue Optus acknowledges the employee's right to raise issues with their union representatives who will then in the first instance seek redress through direct consultation with Optus Human Resource Management.
4. If these discussions are unsuccessful the matter can be either referred to a private arbitrator agreed between the parties or to the Australian Industrial Relations Commission. Optus acknowledges the right of its employees to seek union representation at any stage of this process.
1. ENGINEERING SERVICES Optus Range Ref Job Groupings
14 Group Leader (Network Management, Customer Operations) Technical Specialist Other equivalent positions
13 Senior Product Engineer Other equivalent positions 12 Group Leader (ICM, Power) Senior Engineer (Network Management, Customer Operations) Team Leader (Network Management, Customer Operations) Service Manager Other equivalent positions 11 Team Leader (ICM, Power) Team Leader (Fibre Engineering) Engineer (Network Management, Customer Operations) Product Engineer Senior Engineer (Fibre) Other equivalent positions 10 Team Leader (Wiring/Cabling/Splicing) Associate Engineer (Network Management, Customer Operations) Engineer (ICM, Power) Engineer (Fibre) Other equivalent positions 9 Senior Technician (Wiring/Cabling/Splicing) Other equivalent positions 8 Graduate (Trainee) Engineer Technician (Wiring/Cabling/Splicing) Cellular Installer Service Technician Other equivalent position 7 Reserved 6 Cadet Trainee Other equivalent positions 2. CUSTOMER SERVICE/GENERAL SUPPORT Optus Range Ref Job Groupings 13 Marketing Executive II Administration Manager Systems Support Specialist Other equivalent positions 12 Facilities Co-ordinator Systems Administrator Systems Analyst Financial Analyst II Other equivalent positions 11 Marketing Executive I Team Leader Telemarketing Team Leader (Customer Service) Other equivalent positions 10 Team Leader (OCS) Sales Co-ordinator Executive Assistant Team Leader (Switchboard) Enquiry Centre Supervisor Financial Analyst I Team Leader and Billing Production Systems Co-ordinator Offices Services Co-ordinator Other equivalent positions 9 Marketing Assistant Customer Service Specialist Telemarketing Specialist Sales Support Executive Other equivalent positions 8 Telemarketing Representative Customer Service Representative Operator Specialist (OCS) Retails Sales Consultant Enquiry Centre Officer Accounts Clerk Billing Control Clerk Graduate Trainee Team Assistant Other equivalent position 7 Operator (OCS) Typist Word Processing Operator Mail Clerk Receptionist Administrative Assistant Data Entry Operator Other equivalent positions 6 Clerical Assistant Cadet Trainee Catering Assistant Other equivalent positions 3. COMMISSION BASED SALES Optus Range Ref Job Groupings 13 Reserved Sales Executive 12 Other equivalent positions Sales Representative (Retail) 11 Other equivalent positions 10 Reserved 9 Reserved 8 Reserved 7 Reserved 6 Reserved
APPENDIX C - MINIMUM REMUNERATION
1. ENGINEERING SERVICES Optus Range Ref Minimum Remuneration 14 $49,515 Subject to partial exemption 13 $45,885 Subject to partial exemption 12 $41,305 11 $35,425 10 $30,380 9 $27,990 8 $25,750 7 $22,890 6 $20,810 2. CUSTOMER SERVICE/GENERAL SUPPORT Optus Range Ref Minimum Remuneration 13 $45,885 Subject to partial exemption 12 $40,420 Subject to partial exemption 11 $33,295 Subject to partial exemption 10 $30,380 9 $27,990 8 $25,750 7 $22,890 6 $20,810 3. COMMISSION BASED SALES Optus Range Ref Minimum Remuneration 13 Reserved 12 $40,420 Subject to partial exemption 11 $33,295 Subject to partial exemption 10 Reserved 9 Reserved 8 Reserved 7 Reserved 6 Reserved 3.1 The minimum rates prescribed for Commission Based Sales roles relate specifically to On Target Earnings (OTE) which includes Target Achievement Incentives. For the purpose of compliance with this Award, the minimum remuneration as determined from the annual Optus Sales Plan shall not be less than 50% of the On Target Earnings rate specified above.
These provisions apply to full time and regular part time employees, but do not apply to casual employees.
Subject to the terms of this Appendix, employees other than casuals are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.
1. Definitions
For the purpose of these provisions:
1.1 Child means a child of the employee under the age of one year except for adoption of a child where `child' means a person under the age of 5 years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of 6 months or more.
1.2 Subject to 1.3, in this clause, spouse includes a de facto or former spouse.
1.3 In relation to clause 5 - Adoption Leave, spouse includes a de facto spouse but does not include a former spouse.
2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.
2.2 Subject to 3.6 parental leave is to be available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances:
2.2.1 for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;
2.2.2 for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
3.1 An employee must provide notice to Optus in advance of the expected date of commencement of parental leave. The notice requirements are:
3.1.1 of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least 10 weeks;
3.1.2 of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least 4 weeks.
3.2 When the employee gives notice under 3.1 the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
3.3 An employee will not be in breach of this clause if the failure to give the required period of notice is because of the birth occurring earlier than the presumed date.
3.4 Subject to 2.1 and unless agreed otherwise between Optus and the employee, the employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.
3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, Optus may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
3.6.1 Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary.
3.6.2 Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.
3.6.3 Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.
3.7 Where leave is granted under 3.4 during the period of leave an employee may return to work at any time, as agreed between Optus and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.
4.1 An employee will provide Optus at least ten weeks prior to each proposed period of paternity leave, with:
4.1.1 a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
4.1.2 written notification of the dates on which he proposes to start and finish the period of paternity leave; and
4.1.3 A statutory declaration stating:
4.2 The employee will not be in breach of clause 4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.
5.1 The employee will notify Optus at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.
5.2 Before commencing adoption leave, an employee will provide Optus with a statutory declaration stating:
5.2.1 the employee is seeking adoption leave to become the primary care-giver of the child;
5.2.2 particulars of any period of adoption leave sought or taken by the employee's spouse; and
5.2.3 that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.
5.3 Optus may require an employee to provide confirmation from the appropriate government authority of the placement.
5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify Optus immediately and Optus will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.
5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and Optus should agree on the length of the unpaid leave. Where paid leave is available to the employee, Optus may require the employee to take such leave instead.
6. Variation of period of parental leave
Unless agreed otherwise between Optus and an employee, an employee may apply to Optus to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.
7. Parental leave and other entitlements
An employee may in lieu of or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks.
8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the Optus deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
8.2 If the transfer to a safe job is not practicable, the employee may elect, or Optus may require the employee, to commence parental leave for such period as is certified necessary by a registered medical practitioner.
9 Returning to work after a period of parental leave
9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job the employee will be entitled to return to the position they held immediately before such transfer.
9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.
10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
10.2 Before Optus engages a replacement employee it must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
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