Optus Employment Partnership Agreement (2009)
Index to Agreement
(i) Engineering & Technical Services ITe1evision Operations
(ii) Customer Service/Television Programming and Production/General Support
(iii) Commission Based Sales
# Residential Sales Consultants or Retention Sales Representatives may, where they agree, be
subject to a commission based remuneration structure providing minimum remuneration of
less than 50% of the OTE prescribed in this Agreement as adjusted annually.
APPENDIX B - ISSUE PREVENTION AND RESOLUTION
It is the policy of Optus to provide a productive, rewarding, enjoyable, safe and non-discriminatory
work environment for its employees. This environment should be characterised by co-operation,
mutual respect and open communication directly between management and employees.
This clause sets out the procedures to be followed for preventing and setding disputes about matters
arising under this Agreement and in relation to the National Employment Standards, between Optus
and the employees covered by it.
All issues of concern should, in the first instance, be processed within the Optus employee relations
environment.
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.
Managers are required to set aside the time necessary for a fair and open discussion.
Under no circumstances shall an employee be disadvantaged if they raise an issue for
discussion.
When appropriate, managers should investigate the facts, consider any policies and practices
that may be applicable and may consult with a Human Resources representative for advice as
required. Employees may also seek assistance from a representative. The manager should
give the employee a 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 to their Human Resources representative. If Optus deems appropriate this
may include the involvement of the appropriate directors.
3. Should the above steps fail to resolve the issue, Optus acknowledges the employee's right to
seek assistance from a representative to represent their interests who will then, in the first
instance seek discussions through direct consultation with Optus Human Resource
management.
4. If these discussions are unsuccessful the matter can be either referred by Optus or the
employee to an agreed private mediator or arbitrator, or failing agreement, as nominated by
Fair Work Australia.
[2009] FWAA 629, PR989872. EMPLOYMENT PARTNERSHIP AGREEMENT
[2009] FWAA 629
DECISION
Fair Work Act 2009
s.185-Approval of enterprise agreement
Optus Administration Pty Limited
(AG2009/15340)
OPTUS EMPLOYMENT PARTNERSHIP AGREEMENT (2009)
Telecommunications services
COMMISSIONER ROBERTS BRISBANE, 15 OCTOBER 2009
Application for approval of the Optus Employment Partnership Agreement (2009).
[1] An application has been made for approval of an enterprise agreement known as the
Optus Employment Partnership Agreement (2009) (the Agreement). The application was
made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Optus
Administration Pty Limited. The agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.
[3] The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers
the organisation.
[4] The Agreement is approved and, in accordance with s.54, will operate from
22 October 2009. The nominal expiry date of the Agreement is 21 October 2012.
COMMISSIONER
[2009] FWAA 629
AMENDMENT TO DECISION
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Optus Administration Pty Limited
(AG2009/15340)
OPTUS EMPLOYMENT PARTNERSHIP AGREEMENT (2009)
(ODN AG2009/15340) [AE871783]
Telecommunications services
COMMISSIONER ROBERTS SYDNEY, 23 OCTOBER 2009
Application for approval of the Optus Employment Partnership Agreement 2009.
[1] On 15 October 2009 I approved the Optus Employment Partnership Agreement (2009)
(the Agreement)1. The application for approval pursuant to s.185 of the Fair Work Act 2009
(the Act) was lodged by Optus Administration Pty Limited (Optus) on 28 September 2009.
[2] On or about 21 October 2009 I was contacted via my Associate by a representative of
the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied
Services Union of Australia (the CEPU) on behalf of Mr Blackburne, the Assistant Secretary
of the CEPU, advising me that the CEPU had drafted but neglected to lodge a form F22
seeking to be covered by the Agreement. It was put to me that this was purely an
administrative oversight. The CEPU then contacted Optus at my request and Optus has
confirmed that it is not opposed to the CEPU being a party to the Agreement. In this context,
I note that Optus' original application for approval of the Agreement notes: "The CEPU has
advised Optus of its support for EPA 2009 in correspondence and otherwise through flyers
distributed to employees advocating a 'yes' vote for EPA 2009." The application went on to
say: "Optus is uncertain whether the CEPU's support will extend to formally seeking to be
covered by EPA 2009."
[3] I am satisfied that there has been an administrative error on the part of the CEPU in
not filing its notice to be covered by the Agreement prior to the approval of that agreement on
15 October 2009. On the materials available to me, the CEPU is entitled to be covered by the
Agreement and this is noted in Optus' original application and in an email to my Chambers on
23 October 2009.
[4] On the basis of the above, I have decided to amend the decision issued on 15 October
2009 (PR989872) to approve the Agreement, pursuant to s.201(2) of the Act, to include the
following:
[2009] FWAA 629
"The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia, 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) I note that the Agreement covers the
organisation."
COMMISSIONER
OPTUS
RANGE
MINIMUM RATE JOB GROUPINGS REF
$80,950 Group Leader (Network Management, 14
Subject to partial exemption Service Delivery, Field Operations,
(refer clause 6.15) Engineering)
Technical Specialist
Other equivalent positions
$70,300 0 Senior Network Engineer 13
Subject to partial exemption 0 Senior Engineer
(refer clause 6.15) (except for Design and Construction Co-ordinator
the job groupings marked Site Negotiator
thus 0) Environmental Planner
Other equivalent positions
$63,250 Team Leader (Network Management, Service 12
Delivery, Field Operations, Engineering)
Service Manager
Field Services Team Leader
Senior CAD Specialist
Other equivalent positions
$54,550 Network Engineer 11
Engineer
Senior Fibre Technician
Facilities Access Co-ordinator
Broadband Specialist
CAD Specialist
Other equivalent positions
$47,050 Associate Engineer (Network Management, 10
Service Delivery, Field Operations,
Engineering)
Fibre Technician
Field Services Technician
Network Technician (Field Operations)
Other equivalent positions
$43,050 Graduate Engineer 9
Despatch Co-ordinator
Other equivalent positions
$39,750 Trainee Engineer 8
Cellular Technician
Other equivalent positions
$35,600 Stores Assistant 7
Other equivalent positions
$32,100 Cadet Trainee 6
Trainee
Other equivalent positions
OPTUS
RANGE
MINIMUM RATE JOB GROUPINGS REF
$70,300 Marketing Executive II 13
Subject to partial exemption Administration Manager
(refer clause 6.15) Systems Support Specialist
Other equivalent positions
$63,250 Facilities Co-ordinator 12
Subject to partial exemption Systems Administrator
(refer clause 6.15) Systems Analyst
Financial Analyst II
Other equivalent positions
$54,550 Marketing Executive I 11
Subject to partial exemption Team Leader (Customer Service)
(refer clause 6.15) Other equivalent positions
$47,050 Sales Co-ordinator 10
Executive Assistant
Team Leader (Switchboard)
Enquiry Centre Supervisor
Financial Analyst I
Team Leader (Billing Production)
Systems Co-ordinator
Offices Services Co-ordinator
Other equivalent positions
$43,050 Marketing Assistant 9
Customer Service Specialist
Video Traffic Scheduler
Other equivalent positions
$39,750 Customer Service Representative 8
Retail Sales Consultant*
Enquiry Centre Officer
Accounts Clerk
Billing Control Clerk
Graduate Trainee
Team Assistant
Sales Support Representative
Videotape Operator
Videotape Library Assistant
Other equivalent positions
$35,600 Operator (OCS) 7
Typist
Word Processing Operator
Mail Clerk
Receptionist
Administrative Assistant
Data Entry Operator
Other equivalent positions
$32,100 Clerical Assistant 6
Cadet Trainee
Trainee
Catering Assistant
Other equivalent positions
Retail Sales Consultants may, where they agree, be subject to a commission based
remuneration structure provided that the minimum remuneration to apply shall not be less
than 70% of the minimum rate prescribed in this Agreement as adjusted annually. The
balance of their remuneration under such arrangement will comprise Achievement
Incentives. Such commission based arrangements, where and for the time/s for which they
operate, shall operate to the exclusion of the Optus General Incentive Scheme.
OPTUS
RANGE
MINIMUM RATE JOB GROUPINGS REF
$35,600 Operator (OCS) 7
$70,300 Reserved 13
Subject to partial exemption
(refer clause 6.15)
$63,250 Subject to partial Sales Executive 12
exemption (refer clause 6.15) Other equivalent positions
$54,550 Subject to partial Sales Representative (Retail) 11
exemption (refer clause 6.15) Residential Sales Consultant#
Retention Sales Representative#
Team Leader (Telemarketing/Teledirect)
Other equivalent positions
$47,050 Telesales Representative 10
Other equivalent positions
$43,050 Telemarketing/Teledirect Specialist 9
Other equivalent positions
$39,750 Telemarketing/Teledirect Representative 8
Other equivalent positions
$35,600 Reserved 7
$32,100 Reserved 6
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 Agreement, the minimum remuneration as determined from the relevant Optus Sales Plan
shall not be less than 50% of the OTE rate specified above.
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