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MIRAIT TECHNOLOGIES AUSTRALIA
ENTERPRISE AGREEMENT 2016


	 PDF copy of EBA
	 Status



	1. Title
	2. Coverage 
	3. Commencement and Nominal Expiry Date
	4. Definitions and Interpretation
		4.1 Detinitions
		4.2 Interpretation 
	5. Objectives of this Agreement
	6. Operation of Awards and Agreements
	7. No Extra Claims 
	8. Individual Flexibility and Site/Project Arrangements 
		8.1 Individual flexibility
		8.2 Site/project arrangements
	9. Consultation
	10. Dispute Settlement Procedure
	11. Terms and Conditions of Employment
		11.1 Employment Status
		11.2 Probationary period
		11.3 Duties within skill, competency and training 
		11.4 Personal protective equipment 
	12. Hours of Work, Meal Breaks and other entitlements
		12.1 Hoursotwork
		12.2 Overtime
		12.3 Meal Allowance
		12.4 Shift Work or Work Outside the Ordinary Span of Hours
		12.5 Saturdays, Sundays and Public Holidays
		12.6 RecalltoWork
	13. Respite and Breaks
		13.1 Meal breaks
		13.2 Rest breaks
		13.3 Breaks Between Work on Successive Days or Shifts
	14. Termination of employment
		14.1 Termination by Employer 
		14.2 Payment in lieu of notice 
		14.3 Resignation by Employee 
		14.4 Forfeiture of pay for inadequate notice 
		14.5 Dismissal tor serious misconduct
		14.6 Care, maintenance and return of MTA property
	15. Redundancy
		15.1 Redundancy entitlement
	16. Wages
		16.1 Wage rates
		16.2 Wage review
		16.3 Payment of wages
		16.4 Superannuation
	17. Standdown
	18. Inclement Weather
		18.1 Entitlement to payment
		18.2 Requirement to work in lnclement Weather
	19. Policies and Procedures
	20. Leave
		20.1 Annual Leave
		20.2 Personal/ Carer's Leave
		20.3 Leave without pay
		20.4 Compassionate Leave
		20.5 Long Service Leave
		20.6 Parental Leave
	21. Jury Duty
	22. Community Service Leave
	23. Public Holidays
	24. Daily Travel Time
	25. Travel Allowance (TA)

	Schedule 1 	Wage Rates and Classifications
		1.1 MTA Operational Field Staff Classification and Grading Structure
		1.2 Construction
			1.2.1 Telecommunications Trainee
			1.2.2 Telecommunications Civil/Construction Worker- Grade 1 (TCW1)
			1.2.3 Telecommunications Civil/Construction Worker- Grade 2 (TCW2)
			1.2.4 Telecommunications Civil/Construction Worker- Grade 3 (TCW3)
		1.3 Line Work
			1.3.1 Telecommunications Cable Jointer- Grade 1 (TCJ1)
			1.3.2 Telecommunications Cable Jointer- Grade 2 (TCJ2)
			1.3.3 Telecommunications Cable Jointer- Grade 3 (TCJ3)
			1.3.4 Telecommunications Optical Fibre Splicer- Grade 1 (TFS1)
			1.3.5 Telecommunications Optical Fibre Splicer- Grade 2 (TFS2)
			1.3.6 Telecommunications Optical Fibre Splicer- Grade 3 (TFS3)
		1.4 Telco Equipment and Technicians
			1.4.1 Telecommunications Technical Officer- Grade 1 (TT01)
			1.4.2 Telecommunications Technical Officer- Grade 2 (TT02)
			1.4.3 Telecommunications Technical Officer- Grade 3 (TT03)
		1.5 Employees' Obligations
		1.6 HSEQ Responsibility
		1.7 Skills Development
		1.8 Training Leave
	Schedule 2 	1 . Allowances

Status

[2016] FWCA 7766

Fair Work Act 2009 s.185-Enterprise agreement

Mirait Technologies Australia Pty Ltd (AG2016/6139)

MIRAIT TECHNOLOGIES AUSTRALIA (MTA) ENTERPRISE AGREEMENT 2016 Electrical contracting industry
COMMISSIONER GREGORY MELBOURNE, 26 OCTOBER 2016

Application for approval of the Mirait Technologies Australia (MTA) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mirait Technologies Australia (MTA) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mirait Technologies Australia Pty Ltd T/As Mirait Technologies Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2016. The nominal expiry date of the Agreement is 25 October 2020.

COMMISSIONER

Annexure A MIRAIT Technologln Auatralla

Undertakings

Mirait Technologies Australia (MTA) Enterprise Agreement 2016

Pursuant wiih Clause 190 of the Fair Work Act 2009 Mirait Technologie$ Australia Pty Ltd makes the following undertakings In relation to the Mirait Technologies Australia (MTA) Enterprise Agreement 2016.

1) Clause 3c refers to an incorrect clause. The wording snail be taken as follow"

Replace:

c) Notwithstanding the provisions of clause 5(b), upon the nom1nal expiry date of the Agreement, the Agreement shall continue to operate until it is terminated or replaced by a new enterprise agreement.

With:

c) Notwithstanding the provisions of clause 3(b), upon the nominal expiry date of the Agreement, the Agreement shall continue to operate until it is terminated or replaced by a new enterprise agreement.

2) dause 12.4 (b) (i) refers to an incorrect clause,

The wording shall be taken as follows:

Replace:

12.4 (b) (i) Any such arrangements which require overtime, or altered hours of work outside the normal span of hours, but which do not constitute shift work a$ defined in this Agreement will be paid at overtime rates as detailed in Clause 11.2 of this Agreement for all such hours worked.

With:

12.4 (b) (i) Any such arrangements whlch require overtime, or altered hours of work outside the normal span of hours, but which do not constitute shift worlk as defined in this Agreement, will be paid at overtime rates as detailed In clause 12.2 of this Agreement for aH such hours worked.

3) Clause 20.1 (e) (i) refers to refers to an in correct clause, The wording shall be taken as follows:

Replace:

20.1 (e) During a period of annual leave, an Employee will be paid for each hour of approved leave at their ordinary hourly rate; (i) As per clause 16.1 (b) (ii) of this Agreement, annual leave loading is not payable as it has been accounted for in the hourly rates applicable undel this Agreement, which as demonstrated in Schedule 1 are significantly higher than the relevant minimum Award rate.

With:

20.1 (e) During a period of annual leave, an Employee will be paid for each hour of approved leave at their ordinary hourly rate; (i) As per clause 16.1 (b) (ii) of this Agreement, annual leave loading is not payable as it has been accounted for in the hourly rates applicable undel this Agreement, which as demonstrated in Schedule 1 are significantly higher than the relevant minimum Award rate.

Kim Grinham
Payroll and Human Resources


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