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D A T A B A S E
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NETWORK DESIGN AND CONSTRUCTION LIMITED 2003-2005 ENTERPRISE AGREEMENT
1.    Title                               
2.    Parties Bound by Applicat`ion       
3.    Definitions and Interpretations     
4.    Operations of the Agreement                
5.    Consultative Arrangements                  
6.    Dispute Avoidance/Resolution Procedure  
7.    Grading and Classification              
8.    Salary Arrangements                           
9.    Leave and Public Holidays              
10.   Redundancy   
11.   Hours of Work and Related Arrangements  
12.   Shift Work - General   
13.   Shift Work - Maintenance Centres   
14.   Allowances   
15.   Employee Benefits 
16.   Daily Travel   
17.   Part-Time, Casual and Fixed Term Employment   
18.   Superannuation   
19.   Employee Travel Cost and Frequent Absence Allowance   
20.   Disclosure of Qualifications   
21.   Exclusions   
22.   Exemptions   
23.   Union Role   
24.   Signatories   
Attachment 1 - Relevant Awards   
Schedule 1 - Salary Arrangements   
Schedule 2 - Professional Officer Career Stream   39
Schedule 3 - Metropolitan Boundaries   
Schedule 4 - Employee Travel Cost Allowance   
Schedule 5 - Frequent Absence Allowance   

1. Title

This Agreement will be known as the Network Design and Construction Limited 2003-2005 Enterprise Agreement.

2. Parties Bound and Application

2.1. This Agreement is binding on:
(a) Network Design and Construction Limited ACN 086 174 781;
(b) the unions referred to in clause 2.2; and
(c) all employees who are employed by the Company in the Bands specified in Schedule 1.

2.2. The unions party to this Agreement are:
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU);
Community and Public Sector Union (CPSU);
Association of Professional Engineers, Scientists and Managers, Australia (APESMA);

2.3. Awards underpinning this Agreement are listed in Attachment 1. If the underpinning Awards in Attachment 1 are changed after the date of certification of this Agreement, the changes will not automatically be recognised by the parties. The parties can make application to vary this Agreement to incorporate appropriate Award changes.

3. Definitions and Interpretation

3.1. Unless the context otherwise requires in this Agreement:
Act means Workplace Relations Act 1996 (Cth)
Commencement Date means the date on which this Agreement is certified by the Australian Industrial Relations Commission.
Commission means the Australian Industrial Relations Commission.
"First Increase Date" means the date on which the first salary increase provided for in this Agreement is payable. This will be from the start of the first full pay period occurring on or after certification of this Agreement.
"Second Increase Date" means the date on which the second salary increase provided for in this Agreement is payable. This will be from the start of the first full pay period occurring 6 months after certification of this Agreement.
"Third Increase Date" means the date on which the third salary increase provided for in this Agreement is payable. This will be from the start of the first full pay period occurring 12 months after certification of this Agreement.
"Fourth Increase Date" means the date on which the fourth salary increase provided for in this Agreement is payable. This will be from the start of the first full pay period occurring 18 months after certification of this Agreement.
"Fifth Increase Date" means the date on which the fifth salary increase provided for in this Agreement is payable. This will be from the start of the first full pay period occurring 24 months after certification of this Agreement.
GCOE Award means the Telstra Corporation General Conditions Award 2001.
Metropolitan Boundary means the boundary in the places referred to in Schedule3.
Month means calendar month.
NDC means Network Design and Construction Limited (ACN 086 174 781)
Ordinary Rate of Pay means the hourly rate of pay calculated on the basis of the Company Rate for any employee.
Telstra means Telstra Corporation Limited (ACN 051 775 556).

Translated Telstra Employee is defined as either of the following:
a Telstra award based employee who accepted an offer of employment with and translated to NDC on 15 April 1999; or
a Telstra award based employee who joined NDC after 15 April 1999 who has been advised in writing by NDC that they are Translating Employees.

A Non Translated Employee is defined as any new award based employees who joined NDC after 15 April 1999 and who is not a Translated Telstra Employee as defined above.

3.2. In this Agreement headings are for convenience only and must be ignored in the interpretation of this Agreement.

4. Operation of the Agreement

Scope and Application

4.1. This Agreement replaces and wholly supersedes the Network Design and Construction 2000 - 2002 Enterprise Agreement.

4.2. Subject to relevant legislative provisions, this Agreement overrides the operation of any Award (including those listed at Attachment 1) or Agreement binding on NDC to the extent of any inconsistency.

4.3. From the Commencement Date this Agreement also replaces and wholly supersedes any informal agreements that may have applied in relation to NDC.

4.4. NDC may enter into an Australian Workplace Agreement (AWA) with any employee covered by this Agreement. However:
(a) no employee will be required to enter into an AWA for their existing job or for a job to which they are appointed, transferred or promoted and will have the choice of accepting the AWA, or rejecting it and being employed under this Agreement;
(b) employees who are party to AWAs will on expiry of those AWAs have the choice of accepting a subsequent AWA, or rejecting it and being employed under this Agreement;.

The AWA may operate to the exclusion of this Agreement or prevail over its terms to the extent of any inconsistency.

Duration

4.5. The nominal expiry date of this Agreement is 30 months from the Commencement Date.

4.6. The parties undertake to commence discussions aimed at formulating a new Agreement at least 4 months prior to the expiry of this Agreement.

5. Consultative Arrangements

5.1. The parties recognise that the Telecommunications industry is becoming more competitive and continues to be subject to continuous change. Against this background NDC remains committed to providing secure employment for employees in a manner consistent with prudent management. NDC acknowledges that some business decisions will impact on employees' personal lives and working lives and is committed to minimising any adverse impact to the extent practicable. The following consultative arrangements will assist in this respect.

5.2. Where NDC proposes to introduce significant business initiatives or major changes which have a demonstrable impact on employees (including NDC policy which adversely affects employment conditions), management will consult with the employees who may be affected by the proposed changes and their union (who are signatories to this Agreement) as early as practicable. A demonstrable impact on employees will arise in circumstances such as major changes in technology, outsourcing, or the composition, operation or size of NDC's workforce or in the skills required, the elimination or diminution of job opportunities.

5.3. NDC will consult with the employees affected and their union, who are signatories to this Agreement, on the introduction of the changes referred to in clause 5.2, the effect the changes are likely to have on employees, and where possible the measures to avert or mitigate the adverse effects of such changes on employees. Further, NDC, will give consideration to matters raised by the employees and/or the union in relation to the changes and give reasons for its decisions.

6. Dispute Avoidance/Resolution Procedure

6.1. The parties are committed to avoiding industrial disputation.

6.2. NDC aims to provide a productive, rewarding, safe and non-discriminatory work environment for its employees. This environment should be characterised by co-operation, mutual respect and open communication between employees and managers.

6.3. Where one or more employees experience work-related problems, in the first instance the matter may be raised with their immediate supervisor who will attempt to resolve the problem within a reasonable time, ie within two (2) working days. NDC acknowledges the right of employees who are union members to raise the matter with their union's representative who may become involved in the discussion at any stage of the process.

6.4. If the matter cannot be resolved with the employee's supervisor, it may be taken to the supervisor's manager who will seek resolution within two (2) working days, failing which the assistance of a more senior manager may be sought.

6.5. If the matter has not been progressed to the satisfaction of the parties within six (6) working days from the time it was first raised with the supervisor, it may be referred to their General Manager or to the General Manager-Human Resources (NDC), for matters impacting the wider business, and to the principals of the union for resolution within five (5) working days.

6.6. During the period referred to in clauses 6.1 to 6.5 inclusive, normal work will continue and NDC will not implement the matters in dispute. After completion of these steps NDC may implement the matters in dispute without prejudice to the final resolution of the matter.

6.7. If the matter still remains unresolved, the national office of either party may refer it to an agreed mediator which may be the Commission. The role of the mediator is limited to providing assistance to the parties in an attempt to address and, if possible, resolve the matter in dispute by mediation/conciliation as quickly as possible. If the matter still remains unresolved, the CEO of NDC and the relevant senior Federal officer of the union may jointly agree to refer the matter to the AIRC for arbitration under section 170LW of the Act.

6.8. The parties agree that, together, the General Manager- Human Resources (NDC) and the relevant union officials may agree to waive the time limits in this clause 6 in whatever manner is necessary to aid dispute resolution. However, the importance of the nominated manager and union officials accepting responsibility for the issues within the agreed timeframes is also acknowledged by the parties.

6.9. Nothing in these procedures will:
(a) prevent any party from exercising its rights under the Act; or
(b) prejudice the position of a party in a genuine health and safety situation.

7. Grading and Classification

Definitions

Band is the classification level of a job, and/or its occupant referred to in Schedule 1 to this Agreement.

Career Stream is a group of employees working in jobs that are operationally and organisationally associated within NDC.

Company Rate is the agreed annual salary rate for Representative Jobs within a Band.

NDC job evaluation and classification system is the only grading system that will apply to jobs in NDC. It will involve agreed NDC Job Descriptions, as well as a system to grade from scratch using a new job description. The system is based on an internationally regarded system that allows for easy reference to market data. (Refer to footnote).

Footnote: A copy of the current NDC job evaluation and classification system will be tendered as an exhibit in the Commission proceedings for the certification of the Agreement.

Range is the job evaluation system's point score range which defines the upper and lower points limits for a Band in the Career Stream.

Representative Jobs refers to identified jobs as graded and placed into Bands by the NDC job evaluation system, using a job description; and serves to both align particular job, duties and Bands for the life of the Agreement, and to guide evaluators in determining the appropriate Band for new or substantially altered jobs.

7.1. Career Stream Principles

7.1.1. NDC has a single job evaluation system. This will be the only grading system that will apply to jobs in NDC under this Agreement.

7.1.2. There will be at least 6 Career Streams as follows:

Communication Technician (Entry Level to Band 5); Communications Officer; Technical Officer; Professional Officer; Administration Officer; and Project and Resources Management.

7.1.3. NDC's job evaluation system framework allows for thirteen (13) Bands. Each Career Stream will operate within the thirteen Band structure.

7.1.4. Each band will have agreed Representative Job Descriptions. There may be more than one Representative Job Description for each band (see footnote below).

7.1.5. As part of the job establishment and classification process, NDC managers will design any new jobs that will go into established Career Streams, at appropriate levels. Should the parties be unable to reach agreement on the appropriate grading of new jobs, the matter will be referred for review to a review team consisting of an external consultant expert in NDC's job evaluation and classification system, an NDC representative and a nominee of the appropriate union. A majority of the three-person team will determine the outcome and this outcome will be binding on the parties to this Agreement without recourse to any further review or appeal.

7.1.6. Representative Jobs or Career Streams will not be changed, reviewed or altered except by agreement between the parties, and without the involvement of any third party, during the period of operation of the Agreement. However representative jobs may be created in any of the 13 Bands, in accordance with clause 7.1.1 and by agreement between the parties.

7.1.7. Except as provided in Schedule 2, movement of an employee to a higher Band will be on the basis of merit selection to a vacant position.

7.1.8. Each Band will have a single salary point that will be the Company Rate.

7.1.9. Where a job requires employees to be licensed or to possess relevant permits or formal qualifications, those requirements will be specified in individual job descriptions. Otherwise, there will be no mandatory qualifications for any band.

Footnote: A copy of the Representative Job Descriptions (RJD), together with the RJD Matrix, will be tendered as an exhibit in Commission proceedings for the certification of this Agreement.

7.2. Australian Qualifications Framework (AQF)

7.2.1. The parties continue their commitment to an integrated national competency based framework, which is consistent with the Australian Qualification Framework (AQF) and where applicable, aligns with endorsed industry competency standards.

7.2.2. This framework will provide the basis for recognition of prior learning for employees.

7.2.3. The process of giving RPL (Recognition of Prior Learning) to all relevant employees will take some time. In the meantime, NDC will place high priority on providing RPLs to those who need to demonstrate eligibility based on the achievement of a specified AQF level.

NDC will provide RPL to an applicant who is recommended for promotion to a higher band and/or to a position for which a particular AQF qualification is mandatory or desirable. Should the RPL not deliver the required AQF level, where it is mandatory, permanent promotion will be delayed until the required AQF level is achieved. This period is to be no more than 6 months from the date the RPL is conducted. If the employee is required to work at a higher band during this 6 months period, payment of Temporary Assignment Allowance as per clause 14.4 will apply.

It is intended that NDC move towards making AQF qualifications mandatory in the next Enterprise Agreement.

7.3. Traineeships

The NDC Traineeships will have the following features:

7.3.1. Employees will undertake training in a modular form with an objective of obtaining an AQF II Certificate after two years and an AQF III Certificate after three years, combining formal training and on-the-job experience.

7.3.2. Upon completion of an AQF II Certificate and two years of traineeship service with NDC, trainees will progress to Band 1. The first year pay level will be at 60% Band 1 and, subject to satisfactory performance both at training and work, the second year pay level will be at 80% Band 1.

7.3.3. Band 1 Trainees who so desire will continue their training to an AQF III Certificate, and upon successful completion and three years of traineeship service with NDC, will progress to Band 2, subject to satisfactory performance both at training and work.

7.3.4. Band 2 occupants with an AQF III Certificate and a demonstrated aptitude may have access to training assistance by NDC to move to higher AQF level qualifications, subject to business needs within NDC.

8. Salary Arrangements

8.1. Salary Increases

Subject to Clause 8.2, every employee covered by the terms of this Agreement will be paid a 2% salary increase of the Company Rate for his or her Band effective from the first full pay period after the dates shown below:

8.1.1. First Increase Date;

8.1.2. Second Increase Date,

8.1.3. Third Increase Date

8.1.4. Fourth Increase Date

8.1.5. Fifth Increase Date

The Company Rates that apply for the First, Second, Third, Fourth and Fifth Increase Dates are set out in Schedule 1.

8.2. Principles for Normalising Salary Above the Company Rate

Employees who are receiving payment above the Company Rate will, from the Commencement Date of this Agreement, receive an Interim Rate which will be equal to their Actual Rate plus their regular fortnightly payments.

Employees who are receiving payment above the Company Rate will receive 55% of all salary increases payable from the first full pay period on or after 15 April 2001 until such time as the Company Rate equals or exceeds their Interim Salary. It is intended that those employees will move from the Interim Rate to the Company Rate for their job classification over a maximum of three years from the first full pay period on or after 15 April 2001.

The Interim Salary Rate will be salary for all purposes, e.g. Superannuation, Overtime, Redundancy, Travel to Worksite.

Employees in this category who are promoted will go immediately to the Company Rate for their new classification.

9. Leave & Public Holidays

It is the intention of the parties that this clause is comprehensive and stands alone, and is intended to represent all the conditions applicable to leave and public holidays in NDC.

The provisions of clause 9 do not apply to casual employees.

9.1. Annual Leave

9.1.1. Annual leave accrues on a pro-rata basis and may be taken by employees at their initiative following such accrual, subject to the agreement of their manager. The quantum of annual leave afforded to employees, and other arrangements relating to the payment and taking of such leave, are provided in clauses 9.1.4 to 9.1.7,subject to clauses 9.1.2 and 9.1.3 of this Agreement.

9.1.2. NDC recognises the value of recreation leave in providing a break away from work. Annual Leave may not be accumulated in excess of 8 weeks. As such all employees are expected to proceed on Annual Leave each year. In cases where an employee's leave credits exceed 4 weeks, the employee and their manager must schedule annual leave to be taken so that no more than 8 weeks maximum is accumulated.

9.1.3. Where employees cannot be gainfully employed, due to significant unplanned variations to business and where voluntary leave has already been offered, management may direct those employees whose credits exceed 4 weeks to proceed on paid annual leave to the extent of the leave credit beyond 4 weeks.

9.1.4. Standard Accrual

9.1.4.1. A full-time or part-time employee is eligible for four weeks annual leave for every twelve months of continuous employment with such leave accruing progressively. A part-time employee will be eligible for pro rata leave determined by the ordinary hours he/she normally worked.

9.1.4.2. An employee working a seven day shift, whose ordinary hours of work regularly fall on a Sunday and Public Holidays, is eligible for an additional seven consecutive days annual leave including non-working days. Where work is rostered on less than ten Sundays in the year, the additional leave will accrue at the rate of half a day for each Sunday worked, up to a maximum of five days.

9.1.4.3. A rostered overtime shift of three hours or more, which starts or finishes on Sunday, will count in the calculation under clause 9.1.4.2

9.1.5. Leave payment and loading

9.1.5.1. The pay for annual leave is the employee's pay rate at the time he/she takes annual leave plus the greater of 17.5% of the pay rate for the period of the annual leave taken or any additional amount which he/she would have received for working ordinary hours on a shift or Saturday or Sunday had he/she not been on annual leave.

9.1.5.2. The payment of 17.5% is subject to a maximum payment which is set annually on 1 January and is the equivalent of the Australian Bureau of Statistics Male Average Weekly Total Earnings figure published for August in the preceding year.

9.1.6. Public holidays or sick leave falling in annual leave

9.1.6.1. If a public holiday falls within an employee's annual leave on a day which would have been an ordinary working day, extra time equivalent to the public holiday will be added to the employee's annual leave.

9.1.6.2. If an employee takes paid sick leave of one day or more supported by a medical certificate during his/her annual leave, extra time equivalent to the sick leave will be added to the employee's accrued annual leave.

9.1.7. Deductions From Annual Leave

Where an employee is absent from work on authorised leave without pay (other than sick leave) and a reduction in annual leave is incurred as a result, such leave will not be reduced by more than 1 2/3 days for each calendar month of such absence within any calendar year.

9.2. Sick/Carer's/Bereavement Leave

Standard Calculation

9.2.1. Employees will have access to Sick/Carer's/Bereavement Leave which comprises an aggregated entitlement of ten (10) days paid sick leave per annum and 3 days paid Bereavement Leave on the date of their employment and on completion of each 12 month period of service thereafter.
Unused Sick Leave will accumulate each year.
Unused Bereavement Leave is not cumulative.
Payment for Sick/Carer's/Bereavement Leave will be at the employee's rate of pay at the time he/she takes the leave.

Sick Leave

9.2.2. Where an employee is absent on Sick Leave for more than 3 consecutive days an employee is required to obtain a medical certificate.

9.2.3. If an absence falls on a Monday or Friday or prior to or following a public holiday or RDO/flex day, a medical certificate may be required by NDC to be produced by the employees.

9.2.4. Where an employee is sick for a period exceeding one month, the employee may be required to attend to an NDC nominated medical practitioner.

9.2.5. Employees who are ill on Annual Leave and produce supporting medical evidence will have their Annual Leave re-credited and their Sick Leave debited for the period of the illness. Employees will be able to take the re-credited Annual Leave within twelve months.

Extended Sick Leave

9.2.6. In addition to the standard sick leave provisions in clause 9.2.1, NDC may provide extended paid sick leave to any employee covered by this Agreement, who:
(a) is incapacitated as a result of serious illness or injury arising from a non-work related matter, and
(b) has fully expended their paid sick leave entitlement, and
(c) has taken his/her annual leave credits in excess of 20 days.

9.2.7. An employee in the above situation may apply for payment of extended sick leave for a period of up to 3 Months on 1 occasion during the term of this Agreement.

9.2.8. Annual leave and sick leave accrual will be suspended for the duration of any approved extended sick leave.

9.2.9. Any application for extended sick leave must be supported by medical certificates, including progressive certificates, acceptable to NDC and NDC reserves the right to refer any employee seeking extended sick leave to a medical practitioner of its choosing (whether such referral is required by NDC either before or after the commencement of extended sick leave).

Carer's Leave

9.2.10. An employee with responsibilities to members of their immediate family is entitled to use up to five days per annum of their Carer's Leave to provide care and support for such persons. Medical or other supporting evidence (e.g. a statutory declaration) must be provided where a period of Carer's Leave exceeds three days.

The term immediate family includes:

  • A spouse, or same gender partner, of the employee; and
  • A child or an adult child (including an adopted child, a stepchild or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee.

    9.2.11. If their current year's aggregated Carers Leave is exhausted, employees may access accumulated Sick Leave for Carers Leave.

    Bereavement Leave

    9.2.12. An employee is entitled to use up to a maximum of 3 days per annum of their aggregated Sick/Carer/Bereavement Leave entitlement on the death of a member of the employee's immediate family or household.

    If NDC so requests, the employee attesting to the death must produce supporting evidence.

    9.2.13. If their current year's aggregated Carers Leave is exhausted, employees may access accumulated Sick Leave for Bereavement Leave purposes.

    9.3. Long Service Leave

    Long service leave is leave with pay accumulated by employees with long periods of continuous employment with NDC/Telstra, or other recognised employer.

    The conditions applicable to Long Service Leave, including accrual for all employees, will be those prescribed in the Long Service Leave (Commonwealth Employees) Act 1976 as at the date of certification of this Agreement.

    9.4. Parental Leave

    Parental Leave is the general term encompassing maternity leave, paternity leave and adoption leave. NDC will grant Parental Leave to employees in accordance with its policies applicable from time to time, and subject to the following:

    9.4.1. Subject to clause 9.4.2 Parental leave will be provided in accordance with Schedule 14 of the Act.

    9.4.2. Maternity leave benefits will be provided in accordance with or otherwise equivalent to that provided in the Maternity Leave (Commonwealth Employees) Act 1973 (Cth) ("ML Act") whether or not the ML Act applies.

    9.5. Unpaid Leave

    9.5.1. Unpaid leave for up to 3 Months may be recommended by the relevant line manager and is subject to approval by the next level manager.

    9.5.2. NDC will consider applications for unpaid leave in excess of 3 Months where they can be accommodated within business needs.

    9.5.3. The criteria to be used to determine whether or not the leave will be granted shall include the reason for the leave, satisfactory performance and business needs.

    9.5.4. Unpaid leave, if approved, does not count as service for any purposes but does not break continuity of service.

    9.6. Special Leave

    NDC may, at its discretion, make paid leave available to employees to meet reasonable employee needs. These needs may include those associated with but not limited to work-related education, and community emergency services. Such leave will be granted on an individual basis only. The provision of Special Leave will be in accordance with NDC policy.

    Where paid Special Leave is sought for personal reasons it is expected the applicant can demonstrate that they cannot meet the commitment by means under their own control. Eg Annual Leave, moving RDOs/flex days etc.

    9.7. Public Holidays

    9.7.1. The following days, or any days prescribed under the law of any State to be observed in lieu thereof in the State will be observed as public holidays:

    • 1 January;
    • 26 January;
    • Christmas Day and the following day;
    • Good Friday and the following Saturday and Monday;
    • the date designated as the anniversary of the birthday of the Sovereign;
    • 25 April;
    • any day proclaimed by the Governor-General or required by any act to be observed in lieu of any of the above days;
    • if any of the above days (except 25 April) falls upon a Saturday or Sunday, the next following Monday shall be observed as a holiday in lieu of the Saturday or Sunday.
    • If Christmas Day and Boxing Day fall upon a Saturday and Sunday respectively, then the next following Monday and Tuesday shall be observed as public holidays in lieu of the Saturday and Sunday.
    • NDC will recognise a further holiday on a day nominated by NDC each year between Christmas Day and New Year's Day.
    • Any other public holiday prescribed under the law of any State or Territory, or locality within a State or Territory.

    9.7.2. The benefit referred to in clause 9.7.1 is subject to the sum of public holidays and the further holiday being no greater than 13 for any calendar year for any employee.

    9.7.3. Christmas Day

    9.7.3.1. For work performed on 25 December, an employee will receive payment at the rate of 250%.

    9.7.3.2. Where a Christmas Day falls on a Saturday or Sunday, an employee who works on that Saturday or Sunday will be paid at the public holiday rate for work on Christmas Day.

    9.7.3.3. Where an employee has worked on Christmas Day and then works on the substituted day he/she will receive the applicable rate for Saturday or Sunday for the substituted day.

    10. Redundancy

    The parties recognise that NDC is a distinct entity, operating within a commercial and highly competitive contracting environment. This environment requires specific terms of employment which the NDC EA addresses. The redundancy provisions within this Agreement take the above into consideration.

    10.1. TRANSLATED TELSTRA EMPLOYEES

    (a) Subject to clause 10.1(b), the Telstra Redundancy Agreement 2002, or its successor/s, will apply to Translated Telstra Employees whose positions are redundant.

    (b) Any reference in the Telstra Redundancy Agreement 2002 to `redeployment', `relocation', `retraining' or such similar terms are taken to mean to be within NDC.

    (c) Nothing in this clause shall be taken to place any obligation on Telstra regarding the matters referred to above in relation to Translating Telstra Employees whose positions are redundant.

    10.2. NON TRANSLATED EMPLOYEES

    The following will apply to Non Translated Employees whose positions are redundant.

    10.2.1. Voluntary Retrenchment Option

    NDC may seek and consider applications for voluntary retrenchment from employees. However, nothing in clause 10.2 will require NDC to accept any application for voluntary redundancy.

    10.2.2. Individual and Group Reductions

    (a) Advice of Retrenchment & Union Consultation

    Where the job/s of a Non Translated Employee/s is/are redundant NDC will notify the employee/s and the appropriate union/s about the proposed retrenchment/s and the reasons for it/them, and the period/s over which the proposed retrenchment/s will be effected.

    The union will be given an opportunity to consult with NDC on measures to avert the proposed retrenchment/s, and measures to mitigate the adverse effects of the proposed retrenchment/s.

    Any consultation around these issues will conclude 2 weeks after the notification has been given.

    (b) Assessment, Ranking and Selection (for Group Reductions)

    1 week after notification has been given under clause 10.2.2(a), NDC will

    (i) Fairly and objectively assess and rank the employees based on merit only; and

    (ii) once assessment and ranking is complete, consider only the ranking of the employees when selecting employee/s for retrenchment.

    The assessment, ranking and selection process will conclude after 3 weeks from notification. (c) Advice of Selection for Retrenchment

    At the conclusion of the consultation period (for individual retrenchment) or at the conclusion of the assessment, ranking and selection period (for group reductions), NDC will advise the employee/s selected for retrenchment in writing that they will be retrenched at the end of 1 week from the date of the written advice, and will receive on retrenchment payment in lieu of notice in accordance with the Act.

    10.2.3. Site Function Closures

    (a) Advice of Retrenchment & Union Consultation

    In this clause a "site function" is a body of work which is readily identified and treated by NDC as a substantial, distinct and discrete activity within a single and discrete geographical location.

    Where NDC has decided to close a "site function" and retrench all employees at that site function, NDC will notify the employees and the appropriate office of the union about the proposed retrenchment/s and the reasons for them. Such advice will be provided at least 8 weeks prior to the closure of the "site function.

    The union will be given an opportunity to consult with NDC on measures to avert the proposed retrenchment/s, and measures to mitigate the adverse effects of the proposed retrenchment/s.

    Any consultation around these issues will conclude 2 weeks after the notification has been given.

    (b) Advice of Retrenchment

    After the completion of any consultation in clause 10.2.3(a), NDC will advise the employee/s in writing that they will be retrenched at "site function" closure and will receive on retrenchment payment in lieu of notice in accordance with the Act.

    10.2.4. Appeal Process

    10.2.4.1. During the 1 week period under clause 10.2.2(c), an employee selected for redundancy may appeal their assessment, ranking and/or selection for retrenchment.

    10.2.4.2. The appeal process shall be conducted as follows

    (a) The employee must lodge the appeal in writing within the 1 week period with the General Manager - Human Resources. No appeals will be allowed outside this period.

    (b) The appeal must state the grounds of appeal in full. Any grounds not stated in written appeal will not be considered on appeal.

    (c) The appeal will, within 2 business days of lodgment, be allocated to a HR Manager in a Line of Business different from the employee lodging the appeal.

    (d) The manager allocated the appeal will review the grounds of appeal and will, within 2 business days:

    (i) seek a response to the grounds of appeal and any relevant documentation. The manager who made the assessment, ranking and/or selection for retrenchment must provide this response and documentation within 2 business days;

    (ii) give the employee an opportunity to be heard. The time, place and manner of this opportunity to be heard will be at the discretion of the manager allocated the appeal. The appeal process shall not be delayed or stayed by a failure of an employee to accept the opportunity to be heard.

    (e) The manager allocated the appeal will, within 4 business days, make a decision on the appeal and communicate the decision to the employee. The decision shall be to:

    (i) uphold the assessment, ranking and/or selection for retrenchment; or

    (ii) set aside the assessment, ranking and/or selection for retrenchment and remit the matter to the manager who made the assessment, ranking and/or selection to redetermine in accordance with any recommendations made.

    (f) A decision under clause 10.2.4.2(e) will be final as will any redetermination made following that decision.

    (g) The retrenchment process shall be stayed until the decision is communicated under clause 16.2(e) but if the decision is to uphold the assessment, ranking and/or selection for retrenchment in accordance with clause 10.2.4.2(e)(i) the amount payable to the employee on retrenchment shall be reduced by the lesser of:

    (i) Retrenchment entitlements equivalent to 12 days salary; or

    (ii) Retrenchment entitlements equivalent to the salary payable for the period of the appeal.

    10.2.5. Retrenchment Benefit

    For the purpose of calculating the termination payment component of the retrenchment package for Non Translating Employees, the following definitions will apply:

    Ex Telstra Employees are any employees who commenced with NDC Ltd from Telstra on or after 15 April 1999 and meet all of the following conditions:

  • Either, no break in service between leaving Telstra and commencing with NDC or, where a break in service occurred, a clear job offer by NDC to the ex Telstra employee prior to their termination from Telstra; and
  • the employee did not receive a retrenchment package from Telstra.

    Other employees of NDC Limited who do not meet all of the above conditions will be regarded as New NDC Employees for the purpose of clause 10.2.5 of this Agreement.

    (a) New NDC Employees

    A New NDC Employee retrenched by NDC in accordance with this Agreement will be paid redundancy benefits calculated on the basis of three weeks for each completed year of service. However, an employee can accumulate no more than 60 weeks redundancy pay. The cap of 60 weeks does not include the notice period.

    (b) Ex Telstra Employees

    The quantum of any redundancy pay will incorporate the prior Telstra service and will be in accordance with the Telstra Redundancy Agreement 2002 or its successor/s;

    10.3. CASUAL & FIXED TERM EMPLOYEES

    The redundancy arrangements covered in clause 10 of this Agreement do not apply to Fixed Term or Casual Employees.

    11. Hours of Work and Related Arrangements

    It is the intention of the parties that this clause is comprehensive and stands alone, and is intended to represent all the conditions applicable to hours of work and related arrangements in NDC.

    Introduction

    11.1. The competitive, regulatory model for telecommunications necessitates a company employment model that is responsive to market pressures and customer demand. To this end, the operating model at the customer interface must be capable of rapid change and adaptability to enable responses to variations in customer demand, changed call patterns or to enable competitive responses by NDC's managers and employees.

    11.2. This provision outlines a framework in which managers will operate whilst at all times being focused on the customer need when making decisions on staffing requirements.

    11.3. Within the span of ordinary hours the normal start and finish times will be determined by the relevant manager, based on customer need and following discussions with employees. The discussion with employees will have regard to their individual preferences and family responsibilities. Outcomes will be distributed fairly across the work group.

    11.4. Within the framework described, employees access to arrangements that give flexibility to both work and the individual will continue to operate.

    11.5. Ordinary Hours of Work (NON-SHIFT WORKERS)

    11.5.1. Ordinary hours of work for employees (other than for shift work) will be 76 hours per fortnight across the days of Monday to Friday, each week.

    11.5.2. Ordinary hours may be worked in any pattern which provides for an average of 38.00 hours per week provided there is a minimum of 6 hours per day or up to a maximum of 10 hours in a day. Employees will have access to up to one day off per fortnight the timing of which is subject to the operational requirements. Employees in team based work groups will have at least one day off per fortnight, whilst employees in non-team based work groups will have access to a flexible working arrangement in accordance with clause 11.10.

    11.5.3. Subject to sub-clause 11.5.1 above, the standard span of ordinary working hours will be from 7.00am to 7.00pm Monday to Friday.

    11.6. Mechanisms to Vary Ordinary Hours of Work - FACILITATIVE AGREEMENT for Periods less than 4 Weeks

    Management and employees at a worksite may agree to vary the conditions of clause 11.5 for short periods less than 4 weeks, including varying the ordinary hours of work and the span of ordinary working hours within the hours of 5.00am to 8.00pm Monday to Friday, subject to the following conditions:

    a) Employees will work no less than 76 hours per fortnight;

    b) Any work outside of the standard span of ordinary working hours 7.00am to 7.00pm Monday to Friday will be paid at appropriate overtime rates. Hours worked will, with the agreement of management and employees, count towards the 76 hours per fortnight Monday to Friday;

    c) Any work over the 76 hours per fortnight will be paid at appropriate overtime rates.

    11.7. Mechanisms to Vary Ordinary Hours of Work - FACILITATIVE AGREEMENT for Periods of 4 Weeks or more

    11.7.1. Nothing in this Agreement shall hinder flexibility regarding hours of duty and overtime.

    11.7.2. Management and a majority of employees at a particular work site or in an individual work group may vary normal working arrangements for that site or workgroup with the agreement of the other party for periods of 4 weeks or greater. This includes varying the ordinary hours of work and the span of ordinary working hours within the hours of 5.00am to 8.00pm. Where this is the case, the union at State level should be given a minimum of 14 days notice in writing of the proposed change before implementation. The union shall not unnecessarily oppose any such agreement. Either management or a majority of employees, can review arrangements established under this provision and can, subject to 14 days notice, withdraw their agreement.

    11.7.3. The ordinary hours of work may be calculated on an average 38 hours per week provided that the weekly hours can be averaged over the cycle of the Facilitative Agreement. It is expected that generally Facilitative Agreement cycles will be 4 weeks with a minimum of 2 RDOs per 4 week period but Facilitative Agreement cycles may be negotiated up to 6 weeks where project duration and locations determine this to be commercially required. Any requirement for a Facilitative Agreement of greater that 4 weeks can be negotiated, after due consultation with employees and their respective Staff Associations, in accordance with clause 11.7.2.

    Team Hours

    11.8. Where team based work and customer servicing requires common working times, a Facilitative Agreement may be made pursuant to clause 11.7 of this Agreement. In the event that no Facilitative Agreement is reached, clause 11.5 will apply.

    Meal Break

    11.9. No employee is required to work for a continuous period of more than five hours without a meal break of no more than one hour and no less than 30 minutes.

    Individual flexible working arrangements

    11.10. Employees in non-team based work groups may work their ordinary hours referred to in clause 11.5 under individual flexible working arrangements. Subject to operational requirements this may involve employees varying their start, finish and meal break times around the core times of 9.30am to 12.00pm and 2.00pm to 3.30pm during which they must be on duty. Any absence during these core times requires management approval. Employees are responsible for recording their own time worked and may carry over up to 10 hours in credit or debit of ordinary hours at the end of a fortnightly settlement period.

    Part-time hours of work

    11.11. Conditions for part-time employees are set out in clause 17 of this Agreement,

    Overtime

    11.12. NDC may require an employee to work reasonable overtime. An employee's ordinary hourly rate of pay for the purposes of calculating overtime will include any Temporary Assignment Allowance (Higher Duties) which such employees received during the period when the overtime is worked. Except with a manager's approval, the occupants of positions the salary of which exceeds the salary specified in Clause 22 will not be eligible to receive any overtime payment.

    Overtime Rates (Full-time)

    11.13. Full Time employees will be paid overtime, for work directed to be performed in excess of ordinary rostered daily hours or outside the span of ordinary hours at the following rates:
    (a) 150% (of their ordinary rate of pay) for the first 3 hours;
    (b) 200% thereafter
    (c) 200% on Sunday;
    (d) on a public holiday 250% (of their ordinary rate of pay) for all time worked.
    (e) 200% of their ordinary rate of pay for any overtime worked between 10.00 pm and 7.00 am

    Overtime Rates (Part-time)

    11.14. A part-time employee may be requested, but not required, to work overtime. Authorised overtime, when worked will be paid at the following rates:

    (a) outside the span of ordinary hours or outside the regularly rostered daily hours of an equivalent full-time employee - 150% (of their ordinary rate of pay) for the first three hours and 200% thereafter;

    (b) on a Sunday - 200% (of their ordinary rate of pay) for all time worked;

    (c) on a public holiday - 250% (of their ordinary rate of pay) for all time worked.

    Overtime Meal Allowance

    11.15. Subject to this clause, an employee will be paid a meal allowance, in addition to any applicable overtime, where he/she:

    11.15.1. after the completion of his/her ordinary hours of work for the day is required without a break for a meal to perform extra work up to the completion of or beyond the meal period next occurring after the completion of those ordinary hours;

    11.15.2. is required, after the completion of his/her ordinary hours of work for the day, to perform work after a break for a meal which occurs after that completion and is not entitled to payment for that break; or

    11.15.3. is required to perform extra work after 2.00 p.m. on a Saturday after a meal break and is not entitled to payment for that meal break; or

    11.15.4. is required to perform work on a Sunday or public holiday (in addition to their normal weekly hours of work) extending beyond a meal break and is not entitled to payment for that meal break;

    11.15.5. is required to perform work prior to the commencement of their ordinary hours of work will be granted a break for a meal but will not be entitled to payment for the break.

    11.15.6. The allowance will be paid at the rate set out in Item 1 of Schedule 6.

    11.15.7. An employee who is required to perform any of the work specified in 11.15.2, 11.15.3 or 11.15.4 will not be paid a meal allowance unless they have satisfied his/her manager that he/she cannot reasonably be expected to return to his/her home or lodgings for a meal between the time at which work ceases before the meal and the time at which he/she is required to commence duty after the meal.

    11.15.8. For the purposes of clause 11.15 a meal period will mean the following periods:

  • 7.00 a.m. to 9.00 a.m.; 12 noon to 2.00 p.m.;
  • 6.00 p.m. to 7.00 p.m.; and midnight to 1.00 a.m.

    Rest Relief

    11.16. Employee will have at least 10 consecutive hours off work (inclusive of reasonable travelling time) between periods of ordinary hours work.

    11.17. Where an employee works overtime between periods of ordinary hours work they will have 10 consecutive hours off work between these times before commencing their next period of ordinary hours work, without loss of pay.

    11.18. If an employee is required to resume or continue work without having 10 consecutive hours off work they will be paid at double rate until they cease that period of work, and will then be eligible to be absent from work until they have 10 consecutive hours off work without loss of pay for any ordinary hours work scheduled during that absence.

    11.19. Where overtime is worked under the relevant Emergency Duty provisions, notwithstanding clauses 11.17 and 11.18 above, rest relief will only apply where the time worked is at least 3 hours (including travelling time) on each call.

    11.20. The Rest Relief provisions do not apply where overtime is worked immediately prior to the commencement of ordinary work, unless the overtime work is of at least three hours duration.

    Emergency Duty

    11.21. Emergency Duty conditions are as follows:

    11.21.1. Where an employee is called to work to meet an emergency at a time when they would not ordinarily have been at work, and no notice of such call was given to them prior to their ceasing work on ordinary hours, he/she will be paid for such emergency work at the rate of double time. The time for which payment will be made will include time necessarily spent in travelling to and from work. The minimum payment under this clause will be three hours at double time

    11.21.2. A manager may decide, for health reasons, that an employee who has undertaken emergency work is to be relieved from working his/her next ordinary rostered work period, without deduction from salary. Such period of relief will neither exceed the number of hours of emergency work nor extend into a second ordinary rostered work period.

    11.21.3. This clause will not apply to an employee whose work for the day is varied by alteration of the commencement of the scheduled ordinary rostered hours to meet an emergency.

    Overtime - Minimum Payment

    11.22. Minimum overtime payment - non restriction situations

    Subject to this clause, where an employee is required to work overtime not continuous with ordinary work (excluding meal breaks), he/she will receive a minimum overtime payment for four hours at the applicable rate for each separate overtime attendance

    11.23. Minimum payment - restriction situations.

    If an employee is in a restriction situation covered by clause 14.2 - Essential customer servicing, and is required to report to his/her worksite or a customer's premises.

    11. they will receive a minimum overtime payment for three hours (in lieu of four hours as prescribed in 11.22); but

    12. where more than one attendance is involved, the minimum overtime payment will (subject to a minimum payment of three hours) not exceed the overtime payment that an employee would have received had they remained on duty for the entire time

    11.24. This clause will not apply to work covered by clause 11.21 - Emergency Duty.

    11.25. When overtime attendance not continuous with ordinary work involves work both before and after midnight, the minimum payment for the whole of the attendance will be at least equal to the minimum payment applicable to one day. Where a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.

    12. Shift Work - General

    It is the intention of the parties that this clause is comprehensive and stands alone, and is intended to represent all the conditions applicable to general shift work in NDC.

    12.1. NDC may require shift work to be undertaken to meet short to medium term operational needs. Shift work will only be required in the event that a Facilitative Agreement in accordance with clause 11.7of this agreement has not been reached. In that event, the following provisions will apply.

    12.2. Shift work may be performed in any area of NDC. Employees may be required to work on afternoon, night or Saturday shift. Ordinary hours of duty for shift work will not exceed 38 hours per week or an average of 38 hours per week over a cycle of shifts.

    12.3. Afternoon shift shall be worked between 1.00 pm and 11.00 pm and employees shall be paid an additional 15% of their ordinary rate of pay for that shift.

    12.4. Night shift shall be worked between 10.00 pm and 7.00 am and employees shall be paid an additional 30% of their ordinary rate of pay for that shift.

    12.5. The maximum period of duty on any day (except Saturday) in which an employee will perform shift work shall be 9 hours and the minimum period shall be 7 hours. On Saturdays the maximum period of ordinary duty shall be 10 hours.

    12.6. On Saturdays employees will be paid an additional 50% for that shift.

    12.7. On Sundays employees will be paid an additional 100% for that shift.

    12.8. On Public Holidays employees will be paid an additional 150% for that shift.

    12.9. Work During Meal Breaks

    An employee on shift work may be required to remain in attendance during the meal break subject to the following conditions:

    12.9.1. Where the meal break is rostered as time of work no additional payment will be made.

    12.9.2. Where the meal break is not rostered as time of work additional payment will be made at the employee's ordinary salary rate for the meal break. Where an employee is required to work during the meal break he/she will be paid at overtime rates for the whole of the meal break.

    12.10. Break Between Shifts

    Where practicable shifts will be so arranged so that there is a minimum break of ten hours, including reasonable travelling time, between the completion of work on one shift and the commencement of work on the next shift.

    12.11. Notice Of Roster Change

    12.11.1. An employee will be given seven days notice of variation to a shift roster. Where seven days notice is not given, the employee will be paid overtime rates (including Higher duties allowance) for those hours of the shift that differ from the originally rostered shift. The overtime rates will continue until seven days notice has been given.

    12.11.2. The penalty payment will also apply when the employee is returning to his/her original roster, until seven days notice of that change is given, unless the initial change of shift was for a definite limited period notified at that time to the employee.

    12.11.3. Where the shift change is caused by the absence of another employee, of which NDC did not have seven days notice, three days notice will apply in lieu of the seven days notice provided in clauses 12.11.1 and 12.11.2.

    12.11.4. Where an employee after commencing work on a scheduled shift on any day, is required to cease work and complete his/her scheduled hours later in the day, no deduction will be made from the ordinary day's pay in respect of the break in work. For work subsequent to the ordinary scheduled hour of ceasing work, payment will be made at the appropriate overtime rate.

    12.12. Exchange of shifts

    Employees will be allowed to exchange shifts, subject to the approval of the manager.

    Rest Relief provisions in clause 11.16 do not apply where agreement is reached between an employee and his/her manager to change his/her rostered shift and where, as a consequence of the exchange of shifts, a Rest Relief period of less than 10 consecutive hours occurs.

    13. Shift Work - Maintenance Centres

    It is the intention of the parties that this clause is comprehensive and stands alone, and is intended to represent all the conditions applicable to shift work in Maintenance Centres in NDC.

    13.1. NDC has entered into the Maintenance line of business, and has operational needs specific to that line of business. Accordingly it is intended that permanent shift work can be required in Maintenance Centres. The conditions of clauses 12.9 to 12.12 inclusive, also apply to shift work in Maintenance Centres.

    13.2. The nature of the Maintenance Centre environment requires 24 hour per day coverage. This will be achieved by applying rotating rosters of up to 12 hours 40 minutes duration per shift. Shifts of this duration will only be applied where the environment is suitable, and the Health and Safety of the employee can be ensured. The hours of duty will average 38 hours per week over a cycle of shifts.

    13.3. Shift and weekend penalties will be averaged over the shift cycle and paid as a regular loading in the employee's fortnightly salary. At the Burnley Maintenance Centre, this loading will be 42.5% of the normal Company rate at ordinary time. If other Maintenance Centres are created, an averaged loading will need to be individually determined by the parties for that Centre.

    13.4. Employees who take sick leave will be paid the normal Company Rate at ordinary time for the hours of the shift they would have worked had they not been on sick leave.

    13.5. For the purposes of calculating the average shift penalty loading in clause 13.3, the following penalties will apply:
    a) A shift worked between the hours of 7.00am and 10.00pm attracts a 15% penalty;
    b) A shift worked between the hours of 10.00pm and 7.00am attracts a 30% penalty;
    c) Saturday shifts attract a 50% penalty;
    d) Sunday shifts attract a 100% penalty;
    e) When part of a shift is worked at a higher rate, the entire shift is paid at the higher rate.

    13.6. For overtime duty performed on a Saturday, payment shall be made at the rate of 200% of the normal Company Rate at ordinary time.

    13.7. Public Holiday shifts attract only a 150% penalty on the normal Company Rate at ordinary time.

    13.8. Additional payment for rostered time of ordinary duty, as provided by this clause, shall be made in respect of any such duty which an employee would have performed had they not been on approved recreation leave, i.e. shift loading continues to apply whilst on Annual Leave.

    13.9. Employees working seven day shifts are eligible for additional annual leave in accordance with clause 9.1.4.2 of this Agreement.

    13.10. The additional payment prescribed by this clause shall not be taken into account in the computation of overtime or in the determination of any allowance based upon salary.

    13.11. Employees engaged on Shift Work may be required to remain in attendance during the meal break, subject to the following conditions; (a) Where the meal break is rostered as time of duty no additional payment shall be made. (b) Where the meal break is not rostered as time of duty additional payment shall be made at the employee's ordinary rate of pay for the meal break. Provided that where the employee is called upon to work during the meal break, he/she shall be paid at overtime rates for the whole of the meal break.

    14. Allowances

    It is the intention of the parties that this clause is comprehensive and stands alone, and is intended to represent all the conditions applicable to allowances in NDC.

    The following allowances are applicable:

    14.1. Wearing of Breathing Apparatus

    14.1.1. A staff member who is required to work in areas where asbestos is evident will wear respiratory protective equipment supplied by NDC. The respiratory equipment will conform, where relevant, to the Australian Standard 1716 (Specification for Respiratory Devices).

    14.1.2. The staff member will be paid a Breathing Apparatus Allowance at the rate specified in item 6 of Schedule 6.

    14.2. Essential Customer Servicing

    14.2.1. In order to satisfy essential customer servicing requirements, the Company may roster an employee to be available to respond to business needs outside ordinary hours of work.

    14.2.2. In any rostering arrangement, the Company will have regard to the employee's ability to be at, or to remotely access, the worksite within a timeframe which meets its particular business needs.

    14.2.3. The rostering of an employee for the purposes of this clause is the responsibility of his/her manager. Eligibility for the prescribed allowance is based upon the manager expressly rostering the employee in accordance with the provisions of this clause. The provision of a pager or mobile phone for contact purposes does not automatically attract the operation of this clause.

    14.2.4. The rostering of an employee should be based on a weekly cycle. Rostering will be on the basis of:

    14.2.4.1. On-Call

    An employee who is required to remain contactable and available within a reasonable time to return to duty will be paid as specified in Item 2 of Schedule 6.

    14.2.4.2. Urgent-Call

    An employee who is required to be available and ready to return to duty within 30 minutes will be paid as specified in Item 3 of Schedule 6.

    14.2.4.3. Immediate-Call

    An employee who is required to remain at home and be ready for immediate recall to duty will be paid as specified in Item 4 of Schedule 6.

    14.2.5. For the purposes of this clause, return to duty may either be undertaken via remote access, by providing technical advice over the telephone or a return to the worksite as the work requires.

    14.2.6. No payment shall be made to an employee under this clause where the employee has been appropriately rostered but does not or cannot hold himself or herself in the required degree of readiness to respond to a call to duty.

    14.2.7. In addition to the amount referred to in clause 14.2.4 an employee who is required to:

    14.2.7.1. report to the worksite or a customer's premises - will be paid at the relevant overtime rate for actual hours worked (including travel time) subject to the minimum payment provisions contained in clauses 11.22 to 11.25 of this Agreement.

    14.2.7.2. perform work at home will be paid at the relevant overtime rate for the actual hours worked subject to a minimum payment of one (1) hour.

    14.2.8. An employee who is not rostered subject to this clause but is contacted to perform duty at home shall receive payment at double time for the actual time worked subject to a minimum payment of one hour.

    14.2.9. Except with a manager's approval, the occupants of positions the salary of which exceeds the salary specified in Clause 22 will not be eligible to receive any payment of this allowance.

    14.2.10. The current rest relief provisions in respect of emergency duty will apply to duty in terms of clause 14.2.4 performed under the Essential Customer Servicing provisions.

    14.2.11. An employee who is called upon to perform duty at home which can be effectively performed at home but who elects to perform the work at the worksite, will only be eligible for payment as if the work was performed at home.

    14.3. Height Allowance

    An employee required to carry out work on a tower, mast, guy-rope and all telecommunications structures on the external faces of buildings and parapets, for a minimum of two hours in any day, shall be paid a daily Height Allowance as specified in Item 5 of Schedule 6.

    14.4. Temporary Assignment Allowance

    Where an employee is requested by management to perform all the work of a higher classification, the conditions listed below will apply. An employee has the right to decline temporary assignment to a higher level:

    14.4.1. An employee will be paid an allowance equal to the amount of the difference between his/her own salary and the salary of the higher classification.

    14.4.2. Where the higher classification has a salary that exceeds the salary shown in Clause 22, the allowance will not be paid unless the employee has worked in the higher classification for a minimum period of 5 working days.

    14.4.3. This allowance will not be paid for a period of less than one day.

    14.4.4. An allowance paid under this clause will be regarded as salary for the purposes of calculating travelling and meal allowances and payment for overtime, excess travelling time and Travel to Worksite.

    14.4.5. If an employee goes on leave (other than long service leave), and but for the taking of that leave, the employee would have performed the work of the higher classification, then higher classification allowance will be paid for the period of leave.

    15. Employee Benefits

    It is the intention of the parties that this clause is comprehensive and stands alone, and is intended to represent all the conditions applicable to employee benefits in NDC.

    15.1. NDC employees will continue to have access to Telstra employee discounts and other benefits applicable from time to time.

    15.2. If Telstra is no longer a majority shareholder of NDC access to the benefits in clause 15.1 will cease. This circumstance may result in a review of the nature of the benefits provided by NDC.

    16. Daily Travel

    It is the intention of the parties that this clause is comprehensive and stands alone, and is intended to represent all the conditions applicable to daily travel in NDC.

    16.1. Field Based Employees - Travel to Worksites

    16.1.1. Field based employees are required to commence and cease duty on the work site and are required to undertake such travel in their own time subject to the terms of this provision.

    16.1.2. Employees are required to travel to and from a job in their own time for up to:

  • 40 minutes each way to/from jobs in Sydney and Melbourne; and
  • 30 minutes each way to/from jobs in all other locations.

    Therefore, employees will not be paid for this time.

    16.1.3. If an employee travels for more than the time stipulated in clause 16.1.2 calculated in accordance with clause 16.1.5, then the employee will be paid ordinary time for the travel time in excess of that time.

    16.1.4. Except with a manager's approval, the occupants of positions the salary of which exceeds the salary specified in Clause 22 will not be eligible to receive payment of this allowance.

    16.1.5. For the purpose of calculating the travel time in clause 16.1.2 the following will apply:
    (a) the measurement of travel time will be based on the most direct route (regardless of the mode of transport to achieve the most direct route) between the respective points of measurement referred to in this clause. The most direct route is that which takes the shortest period of time to travel;
    (b) if the employee's usual place of residence is within the Metropolitan Boundary (see Schedule 3), and the job is within the Metropolitan Boundary, then time is measured from that place of residence to the job location (when travelling to the job) and from the job location to the place of residence (when travelling from the job);
    (c) if the employee's usual place of residence is outside the Metropolitan Boundary, and the job is within that boundary, time will be measured from the Metropolitan Boundary to the job location (when travelling to the job) and from the job location to the metropolitan boundary (when travelling from the job);
    (d) if the employee's usual place of residence is outside the Metropolitan Boundary and the job is outside the Metropolitan Boundary the time is measured from that place of residence to the job location (when travelling to the job) and from the job location to the place of residence (when travelling from the job).

    16.2. Non-Field Based Employees - Excess Travelling Time

    16.2.1. A non field based employee who is required to travel or work away from his/her normal designated day by day location, will be paid ordinary rates on Mondays to Saturdays and time and one half rates on Sundays and public holidays, for travel time in excess of his/her normal travelling time to and from his/her normal place of work or designated location.

    16.2.2 Payment will not be made unless:
    (a) the excess time exceeds half an hour in any day; or
    (b) two and a half hours in any fortnightly pay period in the case of an employee whose ordinary hours are worked over five days of the week.

    16.2.3 Payment will not be made for more than five hours in any one day.

    16.2.4 Calculation of travelling time will be based on the most direct type of transport normally available.

    16.2.5 Except with a manager's approval, the occupants of positions the minimum salary of which exceeds the salary specified in Clause 22 will not be eligible to receive payment of this allowance.

    16.3. Non-Field Based Employees - Excess Fares

    16.3.1. When a non field based employee is required to work away from his or her designated work location, the employee will be paid any travelling fares necessarily incurred in excess of the employee's usual fares.

    16.3.2. Except with a manager's approval, the occupants of positions the minimum salary of which exceeds the salary specified in Clause 22 will not be eligible to receive payment of this allowance.

    17. Part-Time, Casual and Fixed Term Employment

    It is the intention of the parties that this clause is comprehensive and stands alone, and is intended to represent all the conditions applicable to part time, casual and fixed term employment in NDC.

    17.1. Part Time Employment

    17.1.1. This Agreement allows the employment of part-time employees in all areas of NDC. Before commencing employment, a part-time employees will be advised in writing by NDC of the following:

  • the hours to be worked by the employee ; and
  • the classification or rate of pay applying to the work to be performed.

    17.1.2. A regular part-time employee is a person who:
    (a) works less than full-time hours; and
    (b) has reasonably predictable hours of work; and
    (c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

    17.1.3. At the time of engagement, NDC and the regular part time employee will agree in writing on a regular pattern of work specifying:
    (a) the ordinary hours worked each day;
    (b) which days of the week/month the employee will work;
    (c) which periods of the year the employee will work; and
    (d) the actual start and finish times;

    Any agreed variation to the regular pattern of work will be recorded in writing.

    17.1.4. Except as provided in clause 17.1.5, the actual weekly hours and ordinary hours of duty agreed in accordance with clause 17.1.3 will not be varied, amended or revoked without the written consent of the employee.

    17.1.5. The actual hours to be worked in a particular week may be varied by an oral agreement with the manager to which the employee willingly consents provided that the total hours to be worked in that week are not changed. Any variation extending beyond a particular week will only be with the written consent of the employee.

    17.1.6. A regular part-time employee will be paid for all ordinary hours worked at the ordinary hourly rate of pay for a full time employee.

    17.1.7. A full time employee may revert to part time if agreed by the manager. The agreement will specify:
    (a) the agreed period of part time employment;
    (b) the ordinary hours worked each day;
    (c) which days of the week/month the employee will work;
    (d) which periods of the year the employee will work;
    (e) the actual start and finish times; and
    (f) the method by which the hours may be varied.

    17.1.8. An employee who reverts to part time in accordance with clause 17.1.7 will not be required to revert to full time employment during the agreed period, nor will NDC be required to convert such an employee to full time employment during the agreed period of part time employment. At the end of the agreed time the employee will revert to full time employment unless there is another agreed period of part time work. Any arrangement made, will be in accordance with clause 17.1.3 above.

    17.1.9. Part-time employees will be subject to the provisions of clause 11 (Hours of Work and Related Matters) and clause 11.14. Where a part-time employee works additional time, which is not overtime as defined in clause 11.14, the additional time worked will be paid for at the ordinary rate of pay.

    17.1.10. Part-time employees will be entitled to all benefits available as specified in this Agreement except that they will receive accrued sick leave, annual leave and long service leave on the basis of actual hours worked excluding those hours for which an overtime penalty payment is made. Appropriate mechanisms will be agreed between the parties to this Agreement to enable the reconciliation of ordinary hours worked and leave accrual.

    17.1.11. Part-time employees will receive payment for a minimum of 3 hours on each occasion they are required to work.

    17.2. Fixed Term Employment

    17.2.1. Persons may be employed by NDC for a mutually agreed period or project. Such employees (as distinct from casual employees) will be entitled to at least minimum pro rata remuneration and conditions as provided in this Agreement based on the equivalent full time position.

    17.2.2. At the concluªsion of the employment period or project, the employee will be paid any outstanding entitlement but, subject to the Workplace Relations Act 1996, will not be entitled to any redundancy payment. If an employee who has been hired for an agreed period or project is terminated (other than for poor performance or misconduct) before the end of the fixed term, then the employee will be paid compensation equal to the balance of the fixed term period.

    17.2.3. In the event that a fixed term employment extends beyond 12 months, a payment of $51.90 per week will be paid to an approved fund.

    The amount mentioned in this clause is subject to adjustment from time to time consistent with the rules of the fund.

    17.2.4. Fixed Term staff are not eligible for the redundancy conditions in clause 10.

    17.3. Casual Employment

    17.3.1. NDC may engage casual employees on an hourly basis. Each engagement will be for a minimum of 2 hours.

    17.3.2. Employment may be terminated by one hour's notice given by either NDC or the employee, or by forfeiture of an hour's wage in the case of the employee, or the payment of the balance of unworked time for that day's period of engagement.

    17.3.3. If a casual employee is rostered to work a shift, but NDC decides that the employee is not required to work that rostered shift, and NDC does not give that employee at least 24 hours notice, then the employee will be paid for the hour rostered to be worked.

    Payment for Casual Employees

    17.3.4. A casual employee will be entitled to a base hourly rate, during core hours, of 1/38th of the weekly remuneration of a comparable full time position plus a loading of 20% of the Ordinary Rate of Pay in lieu of all leave provisions available to other categories of employees.

    A casual loading does not apply where a casual employee works overtime. A casual employee may be required to work overtime and will be paid overtime when his/her working hours exceed the daily and/or weekly hours of a full time employee. Payment will be in accordance with clause 11.13 of this Agreement. Overtime Meal Allowance clause 11.15 of this Agreement also applies.

    17.3.5. Casual employees are not eligible for the redundancy conditions in clause 10.

    18. Superannuation

    18.1. Where it is agreed in writing between NDC and an employee at Band 9 and above, NDC will introduce superannuation packaging by way of salary sacrifice, and the terms and conditions of such a package will not, when viewed objectively, be less overall than the entitlements otherwise available under this Agreement.

    Salary sacrificed contributions will be to NDC Super Advantage.

    NDC will ensure that the structure of any agreed package complies with taxation and other relevant laws.

    NDC will allow each employee to change his/her superannuation packaging arrangements no more frequently than once per financial year.

    18.2. NDC will review the superannuation packaging arrangements after 12 months from the Commencement Date, and consider the merits and practicalities of extending these provisions to other staff covered by this Agreement.

    19. Employee Travel Cost and Frequent Absence Allowances

    It is the intention of the parties that this clause is comprehensive and stands alone, and is intended to represent all the conditions applicable to ETCA and FAA in NDC.

    NDC will provide certain allowances in relation to Employee Travel Costs and Frequent Absences. These allowances are detailed in policies that form part of this Agreement as Schedule 4 and 5 respectively.

    The ETCA and FAA rates are specified in item 7 and 8 of Schedule 6 respectively.

    20. Disclosure of Qualifications

    An employee whose salary and/or classification is determined by reference to the employee's qualifications will, if required by NDC, provide verification of that qualification.

    21. Exclusions

    To avoid any uncertainty concerning application of this Agreement, the following categories of employees are excluded from its scope:
    (a) Employees under Australian Workplace Agreements; and
    (b) Employees covered by the Telstra Senior Officers/MinRates Agreement 1996.

    22. Exemptions

    It is the intention of the parties that this clause is comprehensive and stands alone, and is intended to represent all the exemptions in NDC.

    22.1. Subject to clauses 22.2 and 22.3, an employee who occupies a position the salary of which is above Band 8 (including on Temporary Assignment) following the certification of this Agreement will not be eligible to receive the following payments:
    (a) Overtime (clauses 11.13 and 11.14)
    (b) Essential Customer Servicing (clause 14.2)
    (c) Temporary Assignment Allowance for periods less than one week (clause 14.4)
    (d) Field Based Employees - Travel to Worksite (clause 16.1)
    (e) Non-Field Based Employees - Excess Travelling Time (clause 16.2)
    (f) Non-Field Based Employees - Excess Fares (clause 16.3)

    22.2. An employee at Band 9 who is required by his/her manager to perform Overtime that is non continuous with ordinary duty, or is rostered for duty under the Essential Customer Servicing provisions, will be paid an allowance in accordance with the relevant Overtime clauses 11.12 to 11.25 and/or Essential Customer Servicing clause 14.2.

    22.3. Clauses 22.1(a), (b), (d), (e) and (f), do not apply where the delegated manager has given approval for payment of the allowance.

    22.4. Employees above Band 8 may accrue additional credit hours through the Individual Flexible Working Arrangements described in clause 11.10.

    23. Union Role

    Recognition

    23.1. NDC recognises that there is a significant level of union membership of the employees bound by this agreement and that the unions represent the industrial interests of their members.

    23.2. The unions recognise that NDC has its own distinct customer focused culture and that it is a business enterprise committed to operating profitably and with a need to manage its business in a competitive international environment.

    Objectives

    23.3. NDC and the unions are committed to establishing and maintaining a constructive and mature relationship that will contribute to the business success of NDC, improved benefits for employees and the strengthening of Australian based information technology developments and growing the business.

    The parties commit themselves to a consultative approach in order to achieve this objective including negotiation in good faith on matters of legitimate concern to employees pertaining to the employer-employee relationship.

    Right of entry of union officials

    23.4. NDC recognises the right of authorised officers of the unions to enter prescribed premises of NDC in accordance with Division 11A of Part IX of the Act.

    Authorised officers of the unions exercising this right shall not hinder or obstruct an employee or the employer in the performance of work during working time.

    24. Signatories

    For and on behalf of Network Design and Construction Limited
    Dated of 2003

    For and on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
    Dated of 2003

    For and on behalf of the Community and Public Sector Union
    Dated of 2003

    For and on behalf of the Association of Professional Engineers, Scientists and Managers, Australia
    Dated of 2003

    Attachment 1

    RELEVANT AWARDS

    1. Telstra/CPSU Award 2001.

    2. Telstra/CEPU Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 2001.

    3. Telstra/CEPU Lines and General (Salaries and Specific Conditions of Employment) Award 2001.

    4. Telstra/APESMA Award 2001.

    5. Telstra Corporation General Conditions Award 2001.

    Schedule 1 - Salary Arrangements

               1st         2nd         3rd         4th         5th
               Increase    Increase    Increase    Increase    Increase
    Band       Date        Date        Date        Date        Date    
      12       83934       85612       87325       89071       90853
      11       76534       78064       79626       81218       82842
      10       71158       72581       74033       75514       77024
       9       67408       68756       70131       71534       72964
       8       62112       63354       64621       65914       67232
       7       55492       56602       57734       58819       60066
       6       53231       54295       55381       56489       57619
       5       50969       51989       53029       54089       55171
       4       45122       46024       46945       47884       48481
       3       41536       42367       43215       44079       44960
       2       38503       39273       40058       40860       41677
       1       31883       32521       33171       33835       34511
    Entry      26520       27050       27591       28143       28706
    Trainee Y1 
    60% Band 1 19130       19512       19903       20301       20707
    Trainee Y2 
    80% Band 1 25507       26017       26537       27068       27609

    Schedule 2 - Professional Officer Career Stream

    Principles for Progression

    Engineering employees employed in the Professional Officer Career Stream will:
    (a) progress annually through each of the Bands, 3, 4, 6 and 8 in the table below through the Performance Review Development Process (with progression through the Bands dependant upon a rating of "satisfactory" or better than "satisfactory");
    (b) progress beyond Band 8 to Senior Professional Officer rating on the basis of merit selection.
    (c) The table below represents the career progression available to Professional Officers through the Professional Officer Career Stream.
    (d) Undergraduate engineering students who are obtaining industrial experience, will be employed at Bands 1 or 2 in accordance with the requirements specified in the relevant Representative Job Descriptions.

    Professional Officer Career Stream Table


    Professional Officer
    Career Stream Band
    Applicable To
    Undergraduate Band 1 Undergraduate Engineers
    Undergraduate Band 2 Undergraduate Engineers
    Professional Officer Band 3 New Recruits
    Professional Officer Band 4 Annual Progression
    Professional Officer Band 6 Annual Progression
    Professional Officer Band 8 Annual Progression
    Professional Officer Band 10 Merit Selection
    Professional Officer Band 12 Merit selection

    Schedule 3 - Metropolitan Boundaries

    Major arterial boundary points for metropolitan areas

    BRISBANE

    Roads:

    NORTHERN:

  • Includes Burpengary. Boundary where the Bruce Hwy is crossed by Uhlmann Rd
  • Includes Ocean View. Boundary from Mt Mee & Sellin Rds
  • Includes Mt Glorious

    WESTERN:

  • Includes Brassall. Boundary from Cnr Ironbark Rd and Brisbane Valley Hwy & from Cnr Spresser Rd and Warrego Hwy
  • Includes Yamanto. Boundary from Cnr Middle Rd and Cunningham Hwy

    SOUTHERN:

  • Includes Cedar Grove. Boundary where Mt Lindesay Hwy is crossed by Cedar Grove/Cedarvale Rd
  • Includes Tamborine. Boundary from the junction of Beenleigh/Beaudesert Rd and Tamborine Mountain Rd
  • Includes Ormeau. Boundary from the Pacific Hwy turnoff to Pimpama/Jacobs Well Rd

    SYDNEY

    Roads:

  • F3 at Edgeworth David Ave, Hornsby
  • Pacific Hwy at Galston Rd, Asquith
  • Northern Rd at Galston Rd, Dural
  • Windsor Rd at Garfield Rd, Box Hill
  • Richmond Rd at Garfield Rd, Marsden Park
  • Great Western Hwy at Mamre Rd, St Marys
  • M4 at Mamre Rd, St Marys
  • Elizabeth Dr at Mamre Rd, Kemps Creek
  • M5 at Camden Valley Way, Edmondson Park
  • Camden Valley Way at Hume Hwy, The Crossroads
  • Hume Hwy at Camden Valley Way, The Crossroads
  • Princes Hwy at Heathcote Rd, Heathcote

    Railway Stations:

  • Hornsby
  • Riverstone
  • St Marys
  • Glenfield
  • Heathcote

    MELBOURNE

    Roads:

  • Princess Highway NE of Hacketts Lane
  • Western Highway E of Hopkins Lane
  • Calder Highway SE of Holden Road
  • Sunbury Road SE of Batey Court
  • Hume Highway S of Mr Ridley Road
  • Merriang Road S of Grant Road
  • Plenty Road S of Bridge Inn Road
  • Diamond Creek Road SW of Wilson Road
  • Main Road (Eltham) SW of Kangaroo Ground - Warrandyte Road
  • Warrandyte Road W of Jumping Creek Road
  • Maroondah Highway W of Oban Road
  • Burwood Highway W of Scoresby Road
  • Mulgrave Highway NW of Police Road
  • Princes Highway NW of Chandler Road
  • Nepean Highway NW of Beach Road

    Railway Stations:

  • Hoppers Crossing
  • Deer Park
  • Sydenham
  • Craigieburn
  • Diamond Creek
  • Ringwood East
  • Heathmont
  • Noble Park
  • Mordialloc

    ADELAIDE

    Roads:

  • Port Wakefield Road at Montague Road, Cavan
  • Main North Road at Montague Road, Pooraka
  • One Tree Hill Road at Crouch Road, Golden Grove
  • The Grove Way at Bridge Road, Golden Grove
  • Main North East Rd at Perseverance Road, Tea Tree Gully
  • Lower North East Rd at Perseverance Road, Hope Valley
  • Gorge Road at Bermuda Circuit, Athelstone
  • Montacute Road at Maryvale Road, Montacute
  • Norton Summit Road at Old Norton Summit Road, Norton Summit
  • Greenhill Road at Summit Road, Summertown
  • Piccadilly Road at Old Mt Barker Road, Crafters
  • Southeast Freeway at Old Mt Barker Road, Stirling
  • Mt Barker Road at Strathalbyn Road, Stirling
  • Longwood Road at Heather Road, Stirling
  • Ironbark Road at Cherry Gardens Road, Ironbark
  • Main Road at Cherry Gardens Road, Coromandel Valley
  • Flagstaff Rd at Black Road, Flagstaff Hill
  • Main South Road at Black Road, Darlington
  • Southern Expressway at Majors Road, Seaview Downs
  • Ocean Boulevard at Majors Road, Seaview Downs
  • The Cove Road at Westcliff Circuit, Hallett Cove

    PERTH

    Roads:

  • Marmion Avenue at Warwick Road, Marmion
  • Mitchell Freeway at Warwick Road, Warwick
  • Wanneroo Road at Warwick Road, Warwick
  • Mirrabooka Ave at Marangaroo Road, Girrawheen
  • Alexander Drive at Marangaroo Road, Ballajura
  • Beechboro Road North at Marshall Road, Beechboro
  • West Swan Road at Reid Highway, Caversham
  • Great Northern Highway at Middle Swan Road, Midland
  • Toodyay Road at Roe Highway, Midland
  • Great Eastern Highway at Roe Highway, Bellevue
  • Kalamunda Road at Roe Highway, Maida Vale
  • Tonkin Highway at Roe Highway, Wattle Grove
  • Tonkin Highway at Kelvin Road, Maddington
  • Albany Highway at Kelvin Road, Maddington
  • Spencer Road at Burslem Road, Thornlie
  • Ranford Road at Warton Road, Canning Vale
  • Nicholson Road at Ranford Road, Canning Vale
  • Karel Road at Hope Road, Jandakot
  • Kwinana Freeway at Barrigan Drive, South Lake
  • North Lake Rd at Barrigan Drive, South Lake
  • Stock Road at Phoenix Road, Hamilton Hill
  • Carrington Street at Rockingham Road, Hamilton Hill
  • Rockingham Road at Phoenix Road, Hamilton Hill
  • Cockburn Road at Rockingham Road, South Fremantle

    Schedule 4 - Employee Travel Costs Allowance

    1. Scope

    This schedule applies only to employees who travel within Australia and its territories on short term transfers for periods of up to three months. It does not apply to employees who are transferred at their own request.

    Before approving travel, the authorising manager must make a balanced judgement whether an employee would be required to be absent overnight for operational reasons having regard to all factors including:

  • Normal period of absence from home and mode of travel at usual station;
  • Amount of additional travelling time involved;
  • The duration of the transfer;
  • Traffic and road conditions;
  • Health and safety of employees;
  • Prevailing weather conditions;
  • The suitability/availability of temporary accommodation;
  • Urgency of projects and operational requirements;

    As a guide to authorising managers, employees who are expected to be absent from home for more than twelve hours should normally be given approval to remain overnight in their temporary work location.

    Where upon approval, an employee is absent from home overnight whilst travelling on duty, or whilst on short term transfer (ie less than three months) at a temporary work location, the employee will be eligible to be reimbursed for costs actually incurred for accommodation, meals and incidentals in the form of a flat "per night" rate of allowance as per Schedule 6 item 7.

    However, where an employee's work is of an itinerant nature (ie working from place to place on a continuing basis) and their temporary work location may vary at short notice which would necessitate a change in accommodation, the authorising manager may approve payment of the allowance beyond three months. 2. Eligibility

    Employees are eligible for ETCA where an authorised transfer from home extends overnight and costs directly associated with the travel are incurred.

    Employees are not eligible for ETCA payments:

  • for part days, or where an overnight absence from home is not involved;
  • for overnight absences away from home when rostered to return home;
  • when an employee is provided accommodation and/or meals at NDC's expense;
  • during periods of leave with or without pay;
  • if transferred to a locality with a view to promotion or permanent transfer in the short term.

    3. Overtime Meal Allowance

    Employees are not eligible for overtime meal allowance payments for any periods during which ETCA is also payable.

    4. Rate of Allowance

    The ETCA is designed to cover costs actually incurred for accommodation, meals and incidentals. It is in the form of a flat "per night" rate.

    Where employees are eligible to receive ETCA, they will be paid in accordance with the rates of ETCA listed in Item 7 of Schedule 6.

    Where suitable overnight hotel/motel style accommodation cannot be secured due to the location and nature of the work (eg "light" campers), employees are required to make a subsidy of 10% of the applicable nightly rate of allowance to contribute to the acquisition, repairs and maintenance of NDC equipment provided to assist with employees living conditions in these situations.

    5. ETCA Boundaries

    The determination of the relevant ETCA rate will be in accordance with the following boundary definitions:

       Melbourne   50km radius of GPO
       Sydney      029 & 028 telephone code area
       Brisbane    As defined by Brisbane City Council
       Adelaide    As defined in SA Government Gazette official map, 
                   lodged in the General Registry Office, which defines 
                   metropolitan Adelaide.
       Perth       As defined in WA Government Gazette - Metropolitan Region 
                   Scheme Boundary.
       Hobart      Australian Standard Geographical Classification
       Darwin      N/A
       Canberra    N/A
       Other       Any location other than the above

    6. Mode of Travel to Temporary Work Location

    The authorising manager determines the approved mode of travel to and from the temporary work location.

    Employees on short term transfer are required to travel to their temporary work location by the most expeditious means of transport, or as otherwise determined by NDC for operational reasons.

    7. Periodical Return to Home

    To limit the social impact of employees being away from family and friends for extended periods, NDC will, where practicable, pay for the weekly weekend return visits of employees to their home. Where weekly return visits or return visits of other intervals are impracticable, NDC will pay for the return of employees to their home every fourth weekend, or in accordance with any Facilitative Agreement in place at the time, regardless of cost.

    The rate of pay for travelling time outside rostered hours of work shall be at ETT rates of pay. If the employee is the driver of a vehicle and is required by NDC to carry passengers, or is required by NDC to perform some other work related activity whilst travelling to/from the temporary work location, then the rate of pay will be at the appropriate overtime rate.

    8. Periodic Return Home by Air or Public Transport

    This clause applies only to the periodic return home of the itinerant field workforce

    (a) In returning an employee travelling at NDC expense by air or public transport from a work-site remote from their home address, NDC undertakes to return the employee to either :

    i. the main terminal or transit centre for the chosen mode of travel within the capital city for employees whose home address is within the boundaries defined in clause 5 above, or;

    ii. the main terminal or transit centre in the nearest provincial town or city regularly serviced by regional commercial transport.

    (b) Travel from the terminal or transit centre to the employee's home will be by the most direct, cost effective means.

    When an employee lives within the town or city limits, NDC will meet the cost of transporting that employee to their home.

    Where an employee lives outside the town or city limits NDC will pay $50 each way from the terminal towards the cost of transport.

    9. Advance of Allowance

    An employee may be granted an advance payment of 100% of the amount likely to be payable for ETCA in order to meet immediate travel costs. No greater than four (4) weeks ETCA will be advanced at any stage. An ETCA claim will be required to be submitted by the employee within one month of the end of the period of travel to which the advance payment relates.

    The advance payment will be recovered in full from the employee's salary, if it is not covered by a legitimate claim within the one month period mentioned in the previous paragraph.

    Schedule 5 - Frequent Absence Allowance

    1 Purpose

    This policy document governs the Frequent Absence Allowance.

    2 Scope

    This policy complements the operation of NDC "Employee Travel Costs Allowance" policy (Schedule 4 to this Agreement).

    This policy only applies to employees in receipt of the Employee Travel Costs Allowance who due to the nature of their work are required to be absent from home for frequent periods.

    3 Application

    This policy and the payment of a Frequent Absence Allowance will terminate on 30 June 2003.

    4 Policy

    4.1 Delegations

    The delegate with the authority to approve Employee Travel Costs Allowance claims is also the authority to approve payment of this allowance.

    4.2 Eligibility and Payment of Allowance

    To be eligible for payment of the allowance employees must be in receipt of the Employee Travel Costs Allowance for a minimum of 14 nights in a "rolling" 28 night period.

    Upon attaining the minimum requirement, employees are eligible for payment of the allowance for 14 nights and for each subsequent night, up to a maximum of 28 nights in any corresponding period.

    The total number of nights for which the allowance is paid cannot exceed the number of nights the Employee Travel Costs Allowance is paid for the identical period.

    However, where an employee:

  • is not in receipt of Employee Travel Costs Allowance on a public holiday(s); and
  • the public holiday(s) would be regarded as an ordinary working day but for the public holiday occurring; and
  • the public holiday(s) is within the travel period or, ignoring RDO's, flex days and weekends, public holiday(s) is immediately on either side of the travel period;

    the public holiday(s) is to be regarded as counting toward the qualifying period for this allowance, but not for payment purposes.

    As an example, where an employee:

  • has two ordinary work day public holidays within, or on either side of the travel period; and
  • the employee does not receive Employee Travel Costs Allowance on the public holidays; and
  •  the employee was paid 12 nights Employee Travel Costs Allowance during the 28 night rolling period;

    the employee is eligible to have the two public holiday added to the qualifying period thus achieving the minimum 14 nights in 28. The employee will however only be eligible for 12 nights payment of the allowance ie, equating to the number Employee Travel Costs Allowance nights paid.

    In the case above, if only one public holiday fell within, or on either side of the travel period and the employee had been paid only 12 nights Employee Travel Costs Allowance during this period, the employee would only be credited with 13 nights in 28 thus not reaching the minimum qualifying standard. The employee would not therefore be eligible for any Frequent Absence Allowance payment.

    4.3 Rate of Allowance

    The rate of the Frequent Absence Allowance is specified in Item 7 of Schedule 6

    4.4 Payment Arrangements

    For employees on CATS, the system will automatically calculate the Frequent Absence Allowance payable and pass this to the payroll system.

    For employees not on CATS, managers will be required to monitor Employee Travel Costs Allowance payments and manually calculate the applicable Frequent Absence Allowance payment.

    To effect payment of the allowance, an NDC approved claim form will need to be completed and forwarded to the payroll system.

    Schedule 6 -Allowance Rates

                                 1st       2nd       3rd       4th       5th
                                 Increase  Increase  Increase  Increase  Increase
    Item    Allowance            Date      Date      Date      Date      Date
     1   Meal Allowance          17.30     17.30     17.30     17.30     17.30
     2   On Call - per night      7.96      8.12      8.28      8.44      8.61
           - per day & night     18.36     18.73     19.10     19.48     19.87
     3   Urgent Call - per night 15.91     16.27     16.55     16.89     17.22 
           - per day & night     36.72     37.45     38.20     38.97     39.75
     4   Immediate Call per hour  6.73      6.87      7.00      7.14      7.29
     5   Height  0 - 15           0.00      0.00      0.00      0.00      0.00
                16 - 45           6.12      6.24      6.37      6.49      6.62
                46 - 90          14.28     14.57     14.86     15.15     15.46
                91 - 150         24.48     24.97     25.47     25.98     26.50
               151 +             35.70     36.41     37.14     37.89     38.64
     6   Wearing of Breathing
            Apparatus             1.41      1.44      1.46      1.49      1.52
    Note 1: This rate is above the Telstra General Conditions Award rate, and will therefore remain unchanged for the life of this Agreement.

    Item 7 Employee Travel Cost Allowance
    These rates are applicable for the duration of this Agreement.

    Location          Accommodation  Meals & Incidentals   Total
    Sydney & Melbourne   $128.00      $80.00               $208.00
    Adelaide             $ 93.00      $80.00               $173.00
    Brisbane             $ 93.00      $80.00               $173.00
    Canberra             $ 93.00      $80.00               $173.00
    Darwin               $ 93.00      $80.00               $173.00
    Perth                $ 93.00      $80.00               $173.00
    Hobart               $ 78.00      $80.00               $158.00
    Other                $ 64.00      $76.05               $140.05

    Item 8 Frequent Absence Allowance
    This allowance will cease on 30 June 2003
    Frequent Absence Allowance $20.30



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