An employee will be reimbursed reasonable expenses (directly related to t heir employment)
incurred where they are directed by Optus to relocate to another State or Territory.
Employees have certain minimum leave entitlements under applicable legislation. Optus policies will be maintained to provide, as a minimum, the standards required under the applicable legislation as amended from time to time.
Full time employees will be entitled to 4 weeks (20 working days) annual leave upon each completed year of service, which accumulates on a pro rata basis. Part time and block 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. (In addition refer to Clause 6.9(f) for 7 day shift workers).
Optus will permit employees reasonable flexibility in taking annual leave with such leave to be taken in accordance with Optus policies, or, as otherwise agreed between Optus and the employee.
Optus annual leave policies will provide 2 opportunities per year by which each full time and part time employee
may, if he or she wishes, choose to purchase 2 additional weeks of annual leave (total maximum of 4 weeks per year) by forgoing an equivalent amount of pay, or be paid in lieu of 1 week of annual leave entitlement, per opportunity (total maximum of 2 weeks per year), subject to legislative requirements, in each year of employment.
An employee who wishes to sell annual leave must enter into a written agreement with Optus to do so on each occasion. An employee who sells annual leave will be paid at least the full amount that would have been payable had the employee taken the leave. However, an employee will not be permitted to sell annual leave if it would result in the employee's remaining accrued entitlement being less than the amount determined by legislation during the period of this Agreement.
Sick leave will not be bound by prescription, however employees applying for sick leave shall have regard for the trust and responsibility given to them by Optus.
Optus will ensure that reasonable paid sick leave is available to any Optus employee unable to attend and fulfil nominated work requirements as a result of legitimate illness or injury.
Optus will approve for payment, reasonable and legitimate requests for sick leave, but reserves the right to:
to limit the duration of paid sick leave where the leave is assessed as unreasonable after considering all aspects of the employee's employment, including in the case of block time employees, the duration of their block time contract.
From time to time, Optus may also refer an employee for an independent medical opinion at Optus' expense.
Optus' sick leave policy will be maintained to provide, as a minimum, the standards included in applicable legislation as varied from time to time.
8.3 Parental Leave
Employees shall be entitled to parental leave in accordance with Optus policies which will always be maintained to provide, as a minimum, the standards included in federal legislation as varied from time to time.
Optus commits to provide a return to work entitlement to the position which the employee held immediately before proceeding on parental leave, or to a position comparable in status and not less in salary and in the same location as the position occupied immediately before proceeding on parental leave.
Optus parental leave benefits include:
Primary Care Giver
Up to 12 weeks' base pay for full time employees (equivalent amounts will be pro-rated for part-time employees) who are primarily responsible for the care of:
(a) a newly born child who they or their spouse or de facto partner gives birth to; or
(b) a recently placed adopted child.
Primary care giver leave must be taken in a single continuous period and completed by the child's first birthday or 12 months from the date of placement of an adopted child.
Primary care giver leave provided to an employee will be reduced by the period of paid support (concurrent leave) already taken.
Paid Support (Concurrent Leave)
(a) Additional Benefits:
(i) the paid portion of parental leave will be counted as service for accruals of annual and long service leave, and for eligibility for employees covered by the Optus General Incentive Plan.
(ii) payment of pro rata incentive awards irrespective of the employee's subsequent return to work;
(iii) access to the Employee Assistance Program whilst on parental leave;
(iv) the continuation of the standard level of life and total and permanent disability insurance cover of the Optus Superannuation Plan; and
(v) the inclusion of the period of parental leave for the purposes of Superannuation Plan vesting;. and
(vi) Superannuation contributions will be made to an employee on all unpaid primary care giver leave taken by the employee before the child's first birthday or 12 months from the date of placement of an adopted child up to a maximum of 40 weeks leave. Superannuation contributions will be made based on the employee's rate of pay immediately prior to the commencement of primary care giver leave.
8.4 Jury Leave
Employees summoned to attend jury service will continue to receive their salary for the duration of their attendance.
8.5 Bereavement & Compassionate Leave
Bereavement leave will not be bound by prescription, however, employees applying for bereavement leave shall have regard for the trust and responsibility given to them by Optus.
Optus will approve all reasonable requests for paid bereavement leave of up to 5 days on the occasion of the death of any member of the employee's immediate family or household. Paid leave beyond 5 days may be approved on a case by case basis subject to Optus policy. Applications for extended unpaid bereavement leave may also be considered.
Optus will approve all reasonable requests for paid compassionate leave of 2 days on the occasion of a member of the employee's immediate family or household contracting or developing a personal illness or sustaining a personal injury, where either situation poses a serious threat to his or her life. Paid leave beyond 2 days may be approved on a case by case basis subject to Optus policy. Applications for extended unpaid compassionate leave may also be considered.
For the purposes of this sub-clause, ('Bereavement & Compassionate Leave'), 'immediate family' shall include;
(a) a member of the employee's household;
(b) 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
(c) a child, adult child (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including foster parent and step parent), parent-in-law, grandparent, grandchild, sibling of the employee or of the spouse of the employee.
8.6 Public Holidays
Employees are entitled to all relevant gazetted public holidays in their state of employment.
8.7 Long Service Leave
Long service leave entitlements shall be in accordance with the Long Service Leave Act 1955 (NSW), or any legislation which replaces that Act and applies to Optus, provided that other comparable state or territory legislation shall apply to an employee in the state or territory in which the employee is based, to the extent that the other legislation is more beneficial to the employee than the Long Service Leave Act 1955 (NSW). The other state and territory legislation which may apply to an employee is as follows:
(a) Queensland - the Industrial Relations Act 2016 (sections 93 to 114);
(b) Victoria - the Long Service Leave Act 1992;
(c) South Australia - the Long Service Leave Act 1987;
(d) Western Australia - the Long Service Leave Act 1958 & the Long Services Leave Order 1977;
(e) Tasmania -- the Long Service Leave Act 1976;
(f) the Australian Capital Territory - the Long Service Leave Act 1976;
(g) the Northern Territory - the Long Service Leave Act 1981; or
(h) any legislation which replaces any of the Acts referred to above and applies to Optus.
The provisions set out above are intended to operate to the exclusion of any other laws of a state or territory dealing with long service leave.
Optus will permit employees reasonable flexibility in taking long service leave with such leave to be taken in accordance with Optus policies, or, as otherwise agreed between Optus and the employee.
The Optus long service leave policy will provide an option for an employee to make an application to
take a maximum of 2 months of their long service leave entitlement at half their ordinary remuneration
over double the period of leave taken- for example, by taking 2 months of their long service leave at half
their ordinary remuneration, an employee may be on long service leave for 4 months. The option to take
long service leave paid at half an employee's ordinary remuneration may be used in conjunction with, or
separately from, any additional period of approved long service leave.
All applications to take long service leave over an extended period on
half of ordinary remuneration will be considered by Optus and approval will
be subject to a number of factors, including the operational requirements of Optus.
Subject to applicable law and the NES, Optus long service leave policy
will provide an opportunity by which each full time and part time employee
who has completed 10 years service, and therefore has an entitlement to
long service leave, may, if he or she wishes, choose to be paid in lieu of
2 weeks of long service leave in each year of employment after completing 10 years service. To the extent that applicable state or territory legislation provides for more beneficial conditions that state or territory legislation will apply.
The terms and conditions of the Optus long service seave policy shall at all times be at the sole discretion of Optus.
8.8 Carer's Leave
Optus will reasonably consider any application for carer's leave to enable
employees to provide short term assistance and support to ill members of
their immediate family
(including attending medical appointments with them)
or in circumstances of an unexpected emergency affecting the employee's immediate family member. Where such leave is approved it may be granted as either paid or unpaid (subject to applicable law). Optus policies will always be maintained to provide, as a minimum, the national standards determined from time to time by applicable legislation.
For the purposes of this sub-clause, (Carer's Leave'), 'immediate family' shall include;
(a) a member of the employee's household;
(b) 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
(c) a child, adult child (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including foster parent and step parent), parent-in-law, grandparent, grandchild, sibling of the employee or of the spouse of the employee.
Optus recognises the diversity of employees' lives and the importance for employees to support significant people in their lives who do not fall within the definition of 'immediate family'. Optus will consider requests for carer's leave (paid or unpaid) in relation to the employee's close friends and/or relatives having regard to the individual circumstances.
8.9 Emergency Services Leave
An employee, who is a member of a recognised voluntary emergency services organisation and who is requested, by that organisation, to attend an emergency or natural disaster, is entitled to emergency services leave.
It is the responsibility of the employee to inform Optus of any such requ ired attendance, includ ing its
timing and duration, and to provide Optus with evidence of the required attendance.
An employee complying with the above conditions shall receive payment of their ordinary pay for a period
of up to 5 days in a 12 month period. An employee may also be entitled to additional periods of paid leave,
and/or a combination of paid and unpaid leave, subject to the circumstances of the particular emergency
or natural disaster and applicable law.
8.10 Other Leave
Optus will consider requ ests for leave for other purposes. Such requests will be considered on their merit
and within the context of Optus' operational requirements and where allowed, be at the sole discretion
of Optus and not otherwise. Where such leave is approved it may be granted as either paid or unpaid,
provided that all Career Break leave approved in accordance with Optus' policy shall be unpaid leave.
Optus recognises the impact of domestic violence on employees and their families and that paid Other
Leave may be requested where an employee experiences domestic violence and req uires time off work
associated with the effects of domest ic violence including medical appointments, counselling, legal
proceedings and/or other matters related to the effects of domestic violence.
Optus recognises the value of fostering and kinship arrangements in the community and acknowledges the responsibilities that an employee has when entering into a long term fostering or kinship arrangement and will consider requests for paid or unpaid leave to assist employees who have the primary responsibility of the child at the time of placement, subject to the terms and conditions of Optus policies.
8.11 Paid Leave Defined
For the purposes of this clause, 'Leave Provisions', payment for 'paid leave' shall be at the ordinary hours rate of remuneration, or the greater of what is provided by an Optus policy or applicable law.
8.12 Effect of Unpaid Leave
Any period of approved unpaid leave which extends for more than 5 consecutive working days shall not count as service for any purpose under this Agreement or relevant legislation, but shall not break continuity of employment.
9. ISSUE PREVENTION AND RESOLUTION
9.1 Introduction
Optus and its employees 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. All issues of concern should, in the first instance, be processed within the Optus employee relations environment. The 'Issue Prevention and Resolution' process contained in Appendix B is to be used for preventing and settling disputes arising under this Agreement.
9.2 Customer Supply Continuity
Optus' employees agree that during any disputation between Optus and any or all of its employees while any issue in dispute is being processed through the 'Issue Prevention and Resolution' process (Appendix B) no employee will perform their duties or fail to perform their duties in a way which causes any disruption to the operation of Optus' network and facilities and customer service functions.
10. TRAINING
The development of a world leader operation and a best practice workforce is critically dependent on Optus' provision of ongoing, relevant and tailored training programs. All such management approved training will be directed towards facilitating the required implementation of leading edge technology by the development of a highly skilled workforce which is receptive to technological and operational change. Such training will also be designed to enhance an employee's personal growth opportunities within Optus through the development of relevant competencies consistent with company needs.
On the basis of the limited period of time that they are employed in the field, Cadet Trainees shall be excluded from performance based remuneration schemes unless otherwise determined by Optus. Where such Cadets spend less than 50% of their ordinary hours in the field in any training year, they shall be entitled to receive a minimum of 90% of the relevant minimum rate as appropriate.
11. WORKING ENVIRONMENT
Optus is committed to providing a working environment for its employees which is free of harassment and unlawful discrimination, which promotes equal opportunity and which is smoke free, and to ensuring that the working environment is both safe and healthy and in accordance with relevant legislation.
12. WORKERS' COMPENSATION
Any Optus employee who, as a result of an 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 salary which would otherwise be paid to the employee up to a maximum of 52 weeks from the date of injury. Full participation in any approved return to work program will be a prerequisite to the payment of this make up payment.
APPENDIX A - MINIMUM RATES
The Job Groupings listed in Appendix (i), (ii) and (iii) reflect a sample only of the current job
groupings at Optus. This means that titles of some positions at Optus may not appear in the Job Groupings. If a position title does not appear in the Job Groupings it will still be covered by this Agreement if it is covered by clause 2(a) of the Agreement.
(i) Engineering & Technical Services
MINIMUM RATE JOB GROUPINGS OPTUS GRADE
(Including but not limited to:)
$98,980 - Group Leader (Network Management,
Subject to partial Service Delivery, Field Operations,
exemption Engineering)
(refer clause 6.15) - Technical Specialist 14 (P4)
$85,780 -/ Senior Network Engineer
Subject to partial -/ Senior Engineer
exemption -/ Senior Project Engineer
(refer clause 6.15) - Site Negotiator
(except for the job - Environmental Planner
groupings marked - Test Lead
thus /) -/ Senior Satellite Controller 13 (P3)
$77,145 - Team Leader (Network Management,
Service Delivery, Field Operations,
Engineering)
- Field Services Team Leader
- Senior CAD Specialist
- Network Engineer II
- Engineer II
- Satellite Controller 12 (P2)
$66,638 - Network Engineer I
- Engineer I
- Project Engineer
- Senior Fibre Technician
- CAD Specialist
- Systems Analyst Support
- Test Analyst
- Associate Satellite Controller 11 (P1)
$57,534 - Associate Engineer (Network Management,
Service Delivery, Field Operations,
Engineering)
- Fibre Technician
- Field Services Technician
- Network Technician (Field Operations)
- Graduate (Engineering & Technical) 10
$52,645 - Voice Provisioning Specialist
- CAM Specialist
- Cellular Technician 9
$48,691 - Trainee Engineer 8
$43,541 RESERVED 7
$39,223 - Cadet
- Trainee 6
(ii) Customer Service and General Support
MINIMUM RATE JOB GROUPINGS OPTUS GRADE
(Including but not limited to:)
$85,780 - Marketing & Product Executive II
Subject to partial - Systems Support Specialist 13 (P3)
exemption
(refer clause 6.15)
$77,145 - Systems Administrator
Subject to partial - Systems Analyst
exemption - Financial Analyst II
(refer clause 6.15) - Team Leader II 12 (P2)
$66,638 - Marketing & Product Executive I
Subject to partial - Team Leader I 11 (P1)
exemption
(refer clause 6.15)
$57,534 - Retail Store Co-ordinator
- Executive Assistant
- Financial Analyst I
- Offices Services Co-ordinator
- Customer Experience Consultant III
- Incident Management Officer
- Graduate 10
$52,645 - Marketing Assistant
- Customer Experience Consultant II
- Technical Support Consultant
- Service Management Officer
- Team Co-ordinator 9
$48,691 - Retail Sales Associate*
- Team Assistant
- Customer Experience Consultant I 8
$43,541 - Operator
- Mail Clerk/ Courier
- Receptionist
- Administrative Assistant 7
$39,223 - Clerical Assistant
- Cadet
- Trainee 6
* Retail Sales Associates 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.
(iii) Commission Based Sales
MINIMUM RATE JOB GROUPINGS OPTUS GRADE
(Including but not limited to:)
$85,780 - Sales Executive 13 (P3)
Subject to partial
exemption
(refer clause 6.15)
$77,145 - Team Leader II
Subject - Customer Account Executive
to partial exemption - Retail Store Manager 12 (P2)
(refer clause 6.15)
$66,638 - Team Leader I 11 (P1)
Subject to partial
exemption
(refer clause 6.15)
$57,534 - Sales Consultant II 10
$52,645 - Sales Consultant I 9
$48,691 Reserved 8
$43,541 Reserved 7
$39,223 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.
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 settling 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. Employees may also seek assistance from a representative at any of the stages below.
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. 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 referred either by Optus or the employee to an agreed private mediator or arbitrator, or failing agreement, to Fair Work Australia.
SIGNATURE PAGE
Executed as an Agreement:
Signed for Optus Administration Pty Limited by its representative
Signature of Authorised Officer
Name of Authorised Officer (print) Office held by Authorised Officer
Address of Authorised Officer
Dated
Signed for and on behalf of an employee authorised representative
Signature of Authorised Representative
Name of Authorised Representative (print) Explanation of Authority of Authorised Representative
Address of Authorised Representative
Dated