Carer's Leave
29.9
Carer's leave is paid or unpaid leave taken to provide care and support to a member of the Employee's
immediate family or household because of:
a) personal illness or injury ofthe member; or
b) an unexpected emergency affecting the member.
29.10 Paid carer's leave is deducted from the Employee's accrued personal leave.
29.11 Employees (including casual Employees) are entitled to a period of up to 2 days unpaid carer's leave
per occasion. Full time and part time Employee are not entitled to take unpaid carer's leave if they are
able to take paid personal/carer's leave.
29.12 In accordance with 29.5 an Employee must provide the following proof relating to absences:
a) in the case of illness or injury of a member of the Employee's immediate family or household:
a medical certificate indicating that the immediate family or household member had a personal
illness or injury during a period ofthe leave: or
a statutory declaration which includes a statement that the Employee required leave to provide
care or support to an immediate family or household member because of personal illness or
injury.
b)
in the case of an unexpected emergency a statutory declaration which includes a statement that the
Employee required leave to provide care or support to an immediate family or household member
because of an unexpected emergency affecting that person.
29.13 Stratos may require an Employee to provide proof to satisfy a reasonable person of the relationship
between the Employee and the person that they are taking carer's leave to provide care and support to.
Casual Exclusion
29.14 Except for unpaid carer's leave, this clause does not apply to casual Employees. When taking unpaid
carer's leave, casual Employees must comply with the notice and evidence requirements.
30. COMPASSIONATE LEAVE
30.1
Employees are entitled to 2 days paid compassionate leave per occasion III accordance III
accordance with the NBS:
a)
for spending time with a member of their immediate family or household who contracts or
develops a personal illness, or sustains a personal injury, that poses a serious threat to hislher life.
The leave can be taken at any time while the injury or illness persists:
b)
after the death of a member oftheir immediate family or household.
30.2
In order to be entitled to compassionate leave the Employee must provide Stratos with evidence to
satisfy a reasonable person of the illness, injury or death. Stratos may require the Employee to provide
proof to satisfy a reasonable person of the relationship between the Employee and the person he/she is
taking compassionate leave for.
30.3
For full time and part time employees, compassionate leave is paid at the Employee's ordinary rate of
pay. In the case of casual employees the leave is unpaid.
30.4
The two days leave need not be consecutive.
31. PUBLIC HOLIDAYS
31.1
The following days shall be observed as public holidays: New Year's Day (1 January), Australia
Day (26 January), Good Friday, Easter Monday, Anzac Day (25 April), Labour Day, Foundation
Day, Sovereign's Birthday, Christmas Day (25 December) and Boxing Day (26 December).
31.2
The parties agree that when one of the days listed above falls on a Saturday or Sunday the holiday
shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or Monday
the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall
be treated as a public holiday in lieu ofthe days listed above.
31.3
Where Employees are not required to work on a day which they are normally required to work
because it is a Public Holiday they will be paid for the ordinary hours they would normally have worked
on that day.
31.4
Where an Employee is required to work on a public holiday they will be paid at the rate of 2.5 times
their ordinary rate ofpay with a minimum of4 hours work.
32. LONG SERVICE LEAVE
32.1
Subject to Clause 1 of Schedule 2, Long Service Leave will accrue and be paid in accordance with
applicable State legislation or in accordance with Company policy whichever is of greater benefit to the
Employee.
33. JURY DUTY
33.1
Employees (including casual employees) are entitled to community service leave, in accordance with the
National Employment Standard and relevant State Legislation, to attend:
a)
jury service; or
b)
a voluntary emergency management activity with a recognised body to deal with an emergency or
natural disaster.
33.2
Employees are required to notify Stratos as soon as reasonably practicable of their intention to take leave
and advise the period (or expected period) of the absence.
33.3
Where an employee:
a)
is required to attend jury service he/she will be paid the difference between their base rate of pay for
ordinary hours and the amount received for jury service.
b)
attends a voluntary emergency management activity any entitlement to payment will be accordance
with the Emergency Management Act (WA) 2005.
33.4
To be entitled to community service leave employees must provide proof to satisfy a reasonable person
that he/she has been/will be engaged in an eligible community service activity. For employees on jury
service, they are also required to provide an attendance certificate and notice of the amount paid to them
for attending jury duty.
34. ACCIDENT PAY
34.1
Should an employee meet with an accident which is subject to and qualifies for compensation under the
relevant workers' compensation legislation the employee will have the amount received by way of
compensation increased by Stratos to the amount of the relevant salary level at the time of such
accident. The payment made by Stratos will be limited to a maximum period of 26 weeks.
34.2
For casual employees the make-up pay will be based on the number of hours worked per week over
the last month with Stratos, or if less than one month the average for the time worked. The amount to
be paid is calculated based on the nonnal weekly rate of pay only.
PART F -SCHEDULES
SCHEDULE 1-REDUNDANCY
1
Definitions
1.1
Business includes trade, process, business or occupation and includes part of any such business.
1.2
A redundancy occurs where the employee's employment is tenninated for operational reasons.
Redundancy does not involve questions ofperformance or conduct ofthe employee.
1.3
Transmission includes transfer, conveyance, assignment or succession whether by agreement or by
operation oflaw and transmitted has a corresponding meaning.
1.4
Week's pay means the ordinary time rate ofpay for the Employee concerned as at the date ofredundancy.
Provided that such rate shall exclude:
a) overtime;
b) penalty rates;
c) disability allowances;
d) shift allowances;
e) special rates;
f) fares and travelling time allowances;
g) bonuses; and
h) any other ancillary payments of a like nature.
2
Transfer to lower paid duties
2.1
Where an Employee is transferred to lower paid duties by reason of redundancy the same period of notice must
be given as the Employee would have been entitled to ifthe employment had been terminated and Stratos may at its
option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate ofpay
and the new ordinary time rate for the number ofweeks ofnotice still owing.
3
Severance pay
3.1
Employees whose employment is terminated as a result of a bonafiable redundancy will receive the
payment set out below:
a)
4 weeks in lieu ofnotice (if the employee is not required by Stratos to work the notice period);
b)
If the Employee is 45 years of age or older, an additional 1 weeks pay in lieu ofnotice.
c)
4 weeks pay for the first 5 years completed (pro-rata for non completed years ofservice) year ofservice.
2 weeks pay thereafter for a further 10 years service. Redundancy is to be calculated from the
commencement ofemployment with Stratos and to a maximum of40 weeks pay.
3.2
The minimum sum payable to any Employee who's position is made redundant will be 8 weeks pay
(including 4 weeks payment in lieu ofnotice) and the maximum is to be 44 weeks pay (including 4 weeks payment
in lieu ofnotice).
4
Employee leaving during notice period
4.1
An Employee given notice of termination in circumstances of redundancy may terminate his/her
employment during the period of notice set out in Clause 9 -Termination of Employment. In this
circumstance the Employee will be entitled to receive the benefits and payments they would have
received under this clause had they remained with Stratos until the expiry of the notice, but will not be
entitled to payment in lieu ofnotice.
5 Alternative employment
5.1 Where Stratos obtains alternative employment for an Employee the severance payments will not
apply.
5.2 Where there is a dispute about whether the alternative employment is acceptable alternative
employment, the matter may be resolved in accordance with the Dispute Resolution Procedure. In
the event of arbitration, the arbitrator may determine an alternative severance pay entitlement where in
his/her opinion the offer is not acceptable alternative employment.
5.3 This provision does not apply in circumstances involving transmission of business as set in Clause 7
of this Schedule.
6 Job search entitlement
6.1 During the period of notice of termination given by Stratos in accordance with Clause 8 -Termination of
Employment, an Employee shall be allowed up to one day's time off without loss of pay during each
week of notice for the purpose of seeking other employment.
6.2 Ifthe Employee has been allowed paid leave for more than one day during the notice period for the
purpose of seeking other employment, the Employee shall, at the request of Stratos, be required to
produce proof of attendance at an interview or he or she shall not receive payment for the time
absent. For this purpose a statutory declaration will be sufficient.
7 Transfer of business
7.1 The provisions of this clause are not applicable where the business is before or after the date of this
agreement, transferred from Stratos to another employer (in this subclause called the new employer),
in any of the following circumstances:
a) Where the Employee accepts employment with the new employer which recognises the period
of continuous service which the Employee had with Stratos and any prior employer to be
continuous service ofthe Employee with the new employer; or
b) Where the Employee rejects an offer of employment with the new employer:
in which the terms and conditions are substantially similar and no less favourable,
considered on an overall basis, than the terms and conditions applicable to the Employee
at the time of ceasing employment with Stratos; and
which recognises the period of continuous service which the Employee had with Stratos and
any prior employer to be continuous service of the Employee with the new employer.
8 Employees exempted
8.1 This Schedule does not apply to:
a) Employees terminated as a consequence ofserious misconduct that justifies dismissal without notice;
b) Probationary Employees;
c) Apprentices;
d) Trainees;
e) Employees engaged for a specific period oftime or for a specified task or tasks; or
f) Casual Employees.
Incapacity to pay
9.1
In the event of Stratos's incapacity to pay, the severance payments will not apply.
9.2
Where there is a dispute about incapacity to pay, the matter may be resolved in accordance with the Dispute
Resolution Procedure. In the event of arbitration, the arbitrator may detennine an altemative severance pay
entitlement based upon Stratos's capacity to pay.
SCHEDULE 2 -TRANSFERRING EMPLOYEES
1
Transfer Service Date for Long Service Leave Entitlements
1.1
Under this agreement a Transferring Employee will, subject to below, for the purposes of calculating long
service leave entitlements have the period ofcontinuous employment with Telstra Corporation taken into account.
For the purpose of long service leave calculation for Transferring Employees, the commencement date
of each Transferring Employee is set out in the document entitled Commencement Date with Xantic for Long
Service Leave and Redundancy Purposes (each Transferring Employee has been provided with details oftheir
date for this purpose). Nevertheless, where an Employee has taken long service leave with Telstra or has been
paid an entitlement by Telstra in respect of Long Service Leave, their accrual for long Service Leave with
Stratos will be reduced by an equivalent period.
2
Security of Employment
2.1
If Transferring Employee's position is made redundant, the Employee will receive, in addition to any
notice or payment in lieu ofnotice, a severance payment equal to that which the Transferring Employee would
have been entitled were the Transferring Employee's position with Telstra made redundant at the date of
commencement ofemployment with Xantic. Such an entitlement will be calculated under the following basis:
a)
Four weeks pay for each completed year of continuous service up to five years;
b)
Three weeks pay for each completed year of continuous service thereafter, plus a pro-rata payment for
each completed months ofcontinuous service since the last completed year ofcontinuous service;
c)
For Employees over fifty years of age, (instead of three weeks' pay) four weeks pay for each year of
service beyond fifty years ofage, including pro-rata adjustment for each completed month ofcontinuous
service since the last completed year ofcontinuous service;
d)
The minimum sum payable under these arrangements, including any payment in lieu ofnotice (four
weeks), is to be eight weeks salary;
e)
The maximum sum payable to an Employee under the redundancy provisions will be 80 weeks pay plus 4
weeks (or 5 weeks ifthe Employee is aged 45 years or over) pay in lieu ofnotice.
2.2
Alternatively, and in situations of bona fide redundancy, where a Transferring Employee's severance
payment under the company's redundancy policy is greater than that which the Employee would have received
by operation of clause 2.1 above, the Transferring Employee shall be entitled to the greater payment. This
clause is in substitution for and not in addition to clause 2.1 above.
SIGNATURES
Employer
Signed for and on behalf of Stratos B.V. (ABN 67 092 596 480).
620 Gnangara Road, Landsdale, W A, 6065
Bargaining Representatives
Signed on behalf of Communications, Electrical, Electronic, Energy, Infonnation, Postal, Plumbing and Allied
Services Union of Australia (CEPU) as employee bargaining representative.
Signed on behalf of Community and Public Sector Union (CPSUtas employee bargaining representative.
STATUS
[2011] FWAA 193
DECISION
Fair Work Act 2009
s.185 -Application for approval of a single-enterprise agreement
Stratos B.V
(AG2010/24342)
STRATOS LAND EARTH STATION ENTERPRISE AGREEMENT 2011
Telecommunications services
COMMISSIONER CLOGHAN PERTH, 12 JANUARY 2011
Application for approval of the Stratos Land Earth Station Enterprise Agreement 2011.
[1] On 15 December 2010, Stratos B V made application for approval of a single
enterprise agreement to be known as the Stratos Land Earth Station Enterprise Agreement
2011 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act
2009 (“the Act”).
[2] The Agreement was approved by ballot which concluded on 2 December 2010.
[3] Fair Work Australia must approve an enterprise agreement pursuant to s.186 of the
Act if the requirements set out in that section, s.187 and s.188 are met. I am satisfied, from
the material provided to the Tribunal, that ss.186, 187 and 188, as are relevant to this
application for approval, have been met.
[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia (CEPU) and the Community and Public Sector Union
(CPSU), being bargaining representatives for employees covered by the Agreement, have
given notice stating that the organisation wants the Agreement to cover the CEPU and CPSU.
[5] The CEPU and CPSU have read the Applicant’s statutory declaration in support of the
application and also provided a declaration in support of approval of the Agreement.
[6] The Agreement is approved and will, in accordance with s.54(1) of the Act, operate
from 19 January 2011. The nominal expiry date of this Agreement is 31 March 2014.
COMMISSIONER