24.2 Carer’s leave
(a) Block time and part-time employees will have an entitlement to pro rata carer’s leave on the same basis.
(b) 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 or member of the employee’s household at least one hour before the commencement of his/her next scheduled starting time.
(c) This notice must include the name of the person requiring care and their relationship to the employee, nature of the illness, injury or unexpected emergency (if known) and the estimated duration of absence.
(d) 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.
(e) For payment of carer’s leave to be authorised, the employee must, where required by Optus, provide evidence that the leave taken is to provide care or support to a member and the employee’s immediate family or a member of the employee’s household who requires cover or support because of:
(i) a personal illness, or personal injury affecting the member; or
(ii) an unexpected emergency affecting the member.
(f) For the purposes of this clause immediate family shall include:
(i) 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
(ii) 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.
(g) An employee may take unpaid carer’s leave in accordance with the NES or by agreement with Optus.
25. Parental leave
Parental leave is provided for in the NES.
26. Community service leave
Community service leave is provided for in the NES, provided that employees summoned to attend jury service will continue to receive their salary for the duration of the attendance.
27. 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.
28. 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.
29. Long service leave
Employees’ eligibility will be determined according to the relevant legislation of their State of residence.
30. Public holidays
Public holidays are provided for in the NES.
31. Dispute resolution
The dispute resolution provision is in Schedule B.
32. Accident pay
32.1 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 clauses 19—Classifications, 13—Minimum wages and Schedule D.
32.2 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.
Schedule A—Award Flexibility
Optus’ preference is to utilise collective rather than individual flexibility arrangements with employees to establish terms and conditions of employment.
A.1 Optus and an employee may agree to make an individual flexibility arrangement to vary the effect of the following terms of this award (Arrangement), provided the Arrangement meets the genuine needs of Optus and the employee and is genuinely agreed to:
(a) arrangements about when work is performed;
(b) overtime rates;
(c) penalty rates; and
(d) allowances.
A.2 Optus must ensure that the terms of the Arrangement:
(a) are about permitted matters under section 172 of the Act;
(b) are not unlawful terms under section 194 of the Act; and
(c) result in the employee being better off overall than the employee would be if no Arrangement was made.
A.3 Optus must ensure that the Arrangement:
(a) is in writing;
(b) includes the name of the employer and Optus;
(c) is signed by Optus and the employee and, if the employee is under 18 years of age, signed by a parent or guardian of the employee;
(d) include details of:
(i) the terms of the award that will be varied by the Arrangement; and
(ii) how the Arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the Arrangement; and
(e) state the day on which the Arrangement commences.
A.4 Optus must give the employee a copy of the Arrangement within 14 days after it is agreed to.
A.5 The Arrangement may be terminated by Optus or the employee:
(a) by giving no more than 28 days written notice to the other party to the Arrangement; or
(b) if Optus and the employee agree in writing, at any time.
Schedule B—Dispute Resolution
B.1 An employee who anticipates or is experiencing a job related problem (including a matter arising under this award, or a dispute in relation to the NES) should in the first instance discuss it with his or her immediate supervisor or manager.
(a) 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.
(b) When appropriate, manager 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.
B.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.
B.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.
B.4 If these discussions are unsuccessful the matter can be referred to the Fair Work Commission.
B.5 Optus acknowledges the right of its employees to seek union representation at any stage of this process.
Schedule C—Classifications
C.1 Engineering and Technical Services
Optus Range
Ref Job Groupings
14 Group Leader (Network Management, Service Delivery, Field Operations,
Engineering)
Technical Specialist
Other equivalent positions
13 Senior Project Engineer
Other equivalent positions
12 Group Leader (ICM, Power)
Senior Engineer (Network Management, Service Delivery, Field Operations,
Engineering)
Team Leader (Network Management, Service Delivery, Field Operations,
Engineering)
Service Manager
Other equivalent positions
11 Team Leader (ICM, Power)
Team Leader (Fibre Engineering)
Engineer (Network Management, Service Delivery, Field Operations,
Engineering)
Project Engineer
Senior Engineer (Fibre)
Other equivalent positions
10 Team Leader (Wiring/Cabling/Splicing)
Associate Engineer (Network Management, Service Delivery, Field Operations,
Engineering)
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
C.2 Customer Service and 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)
Retail Sales Associate
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
C.3 Commission Based Sales
Optus Range
Ref Job Groupings
13 Reserved
Sales Executive
12 Other equivalent positions
Retail Store Manager
11 Other equivalent positions
10 Reserved
9 Reserved
8 Reserved
7 Reserved
6 Reserved
Schedule D—Minimum Wages
D.1 A full-time adult employee must be paid a minimum annual salary for their classification as set out in the table below:
D.1.1 Engineering and Technical Services stream
Optus Range Ref Minimum Remuneration
$ per annum
14 76,213 Subject to partial exemption
13 71,435 Subject to partial exemption
12 65,404
11 57,802
10 51,729
9 48,584
8 45,634
7 41,734
6 39,323
D.1.2 Customer Service and General Support
Optus Range Ref Minimum Remuneration
$ per annum
13 71,435 Subject to partial exemption
12 64,241 Subject to partial exemption
11 54,999 Subject to partial exemption
10 51,729
9 48,584
8 45,634
7 41,734
6 39,323
D.1.3 Commissions Based Sales
Optus Range Ref Minimum Remuneration
$ per annum
13 71,435 Subject to partial exemption
12 64,241 Subject to partial exemption
11 54,999 Subject to partial exemption
10 51,729
9 48,584
8 Reserved
7 Reserved
6 Reserved
D.1.4 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.