This agreement will be known as the Telstra Enterprise Agreement 2010-2012 (Agreement).
2. When this Agreement operates
2.1 This Agreement operates from the Commencement Date, which is seven days after Fair Work Australia approves this Agreement.
2.2 This Agreement's nominal expiry date will be two years from the Commencement Date.
2.3 The persons covered by this Agreement (Parties) will commence discussions for the purposes of negotiating an agreement to replace this Agreement four months before the nominal expiry date.
3. Replacement of current agreements
This Agreement replaces the Telstra Enterprise Agreement 2005-2008 and the Telstra Redundancy Agreement 2002.
4.1 This Agreement covers Telstra Corporation Limited (Telstra).
4.2 Subject to clause 4.3, this Agreement covers each of the following types of employees:
(a) employees whose work is covered by a Relevant Award
(as in force at the Commencement Date) and who
perform work in one of the following Workstreams:
(i) Customer Sales and Service Workstream;
(ii) Support Workstream;
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(iii) Technology Professional Workstream;
(iv) Technical Workstream;
(v) Customer Field Workstream;
(b) employees in Bands 2, 3i, 3ii, 4i and 4ii who perform
work in one of the following Job Families:
(i) Customer Support (Technical);
(ii) Customer Support (Non-Technical);
(iii) Professional Technical Services;
(iv) Corporate Support Services;
(v) Sales.
4.3 This Agreement does not cover any of the following types of employees:
(a) an employee who satisfies both of the following:
(i) an agreement-based transitional instrument
that was, when made, an employee collective
agreement applied to the employee just before
this Agreement was made; and
(ii) an agreement-based transitional instrument
that was, when made, an employee collective
agreement continues to cover the employee;
(b) an employee engaged after this Agreement was made who is covered by an agreement listed in Schedule 1;
(c) an employee engaged after this Agreement was made who falls within one of the categories of employees listed in Schedule 2;
(d) an employee to whom an AWA/ITEA applies and who
satisfies one of the following:
(i) the employee is covered by an agreement listed
in Schedule 1;
(ii) the employee falls within one of the categories
of employees listed in Schedule 2;
(e) an employee to whom one of the following instruments
applies:
(i) the Telstra Salesforce Agreement 1995;
(ii) the Telstra Senior Officers Agreement 1995;
(iii) the Telstra Senior Officers/Minimum Rates
Agreement 1996;
(f) an employee covered by the Telstra Retail Employee Collective Agreement 2007.
4.4 This Agreement covers each union that Fair Work Australia notes is covered by the Agreement in its decision to approve the Agreement (including CEPU, CPSU and APESMA).
5. Application and structure of this Agreement
This Agreement has four parts and applies to Category 1 Employees and
Category 2 Employees as follows:
(a) "Operation of this Agreement" which applies to
Category 1 Employees and Category 2 Employees
(unless otherwise indicated);
(b) "Common Terms" which applies to Category 1
Employees and Category 2 Employees;
(c) "Terms and Conditions for Category 1 Employees"
which applies to Category 1 Employees only;
(d) "Terms and Conditions for Category 2 Employees"
which applies to Category 2 Employees only.
6.1 An employee is a Category 1 Employee if the employee satisfies all of
the following:
(a) the employee is covered by this Agreement (see clause
4);
(b) one of clauses 6.2, 6.3, 6.4, 6.5 or 6.6 describes the
employee;
(c) the employee has not elected to become a Category 2
Employee (see clause 8.1).
6.2 Just before the Commencement Date, the Telstra Enterprise Agreement 2005-2008 applied to the employee.
6.3 The employee satisfies all of the following:
(a) just before the Commencement Date, an AWA/ITEA
that had passed its nominal expiry date applied to the
employee;
(b) the AWA/ITEA was terminated after the
Commencement Date;
(c) the employee chose to be a Category 1 Employee on
termination of his or her AWA/ITEA.
6.4 The employee's employment started on or after the Commencement Date and the employee performs works in the Customer Field Workstream or the Technical Workstream (unless the employee chooses to accept employment as a Category 2 Employee in the Customer Support (Technical) Job Family or the Professional Technical Services Job Family.
6.5 The employee satisfies all of the following:
(a) just before the Commencement Date, an AWA that had
not passed its nominal expiry date applied to the
employee;
(b) the AWA was terminated after the Commencement
Date;
(c) just before the AWA was terminated, the employee was
performing work in either the Customer Support
(Technical) Job Family or the Customer Support (Non-
Technical) Job Family;
(d) the employee chose to be a Category 1 Employee on
termination of his or her AWA.
6.6 The employee is a former Category 1 Employee who became a Category 2 Employee and has elected to return to being a Category 1 Employee (see clause 8.4).
7.1 An employee is a Category 2 Employee if all of the following apply to
the employee:
(a) the employee is covered by this Agreement (see clause
4);
(b) an AWA/ITEA does not apply to the employee; and
(c) the employee is not a Category 1 Employee.
7.2 An employee is a Category 2 Employee if the employee was formerly a Category 1 Employee and the employee has elected to become a Category 2 Employee (see clause 8).
8. Transferring between Category 1 and Category 2
8.1 A Category 1 Employee may elect to become a Category 2 Employee at any time (subject to clause 8.4).
8.2 Telstra will not require any Category 1 Employee to become a Category 2 Employee.
8.3 An election to become a Category 2 Employee takes effect at the beginning of the first full pay period after Telstra gives the Employee written confirmation that it has received and processed the election.
8.4 A Category 1 Employee who elects to become a Category 2 Employee
may later elect to become a Category 1 Employee again but:
(a) the Employee may only do this once; and
(b) the Employee may only do so within 12 months of the
date on which the Employee became a Category 2
Employee (see clause 8.3).
9. Remuneration for former AWA/ITEA employees who become Category 1 Employees
9.1 Clause 9.2 applies if:
(a) this Agreement starts to apply to an Employee because
an AWA/ITEA that applied to the Employee is
terminated; and
(b) the Employee is a Category 1 Employee.
9.2 On becoming a Category 1 Employee the Employee will be paid at the Company Rate for the job they are performing at that time.
10. Remuneration for former AWA/ITEA employees who become Category 2 Employees
10.1 Clauses 10.2 and 10.3 apply if:
(a) this Agreement starts to apply to an Employee because
an AWA/ITEA that applied to the Employee is
terminated; and
(b) the Employee is a Category 2 Employee.
10.2 On becoming a Category 2 Employee the Employee will be paid Fixed Remuneration that is no less than the Fixed Remuneration the Employee was paid under his or her AWA/ITEA at the time the AWA/ITEA was terminated.
10.3 An Employee may agree to accept Fixed Remuneration that is less than the Fixed Remuneration the Employee was paid under his or her AWA/ITEA at the time the AWA/ITEA was terminated. However, the Employee's salary must not be less than the minimum salary rate for the Employee's Job Family and Band.
11. Remuneration for former Category 1 Employees who become Category 2 Employees
11.1 Clause 11.2 applies if a Category 1 Employee chooses to become a Category 2 Employee (see clause 8.1).
11.2 On becoming a Category 2 Employee the Employee will be paid a remuneration package determined by Telstra. The Employee's salary will be no less than the minimum salary rate for the Employee's Job Family and Band.
12. Remuneration for former Category 2 Employees who become Category 1 Employees
12.1 Clause 12.2 applies if a Category 2 Employee elects to become a Category 1 Employee (see clause 8.4).
12.2 On becoming a Category 1 Employee the Employee will be paid the
greater of:
(a) the Company Rate for the relevant core job; and
(b) an Actual Salary equal to the Company Rate for the
relevant core job plus any grandfathered allowance
they were receiving just before the Employee became a
Category 2 Employee.
Category 1 Employees
13.1 Clauses 13.2 and 13.3 apply to Category 1 Employees only.
13.2 This Agreement incorporates by reference the following awards as in
operation immediately before the Commencement Date:
13.3 This Agreement overrides the operation of the Relevant Awards to the
extent of any inconsistency.
Category 2 Employees
13.4 The Relevant Awards do not apply to any Category 2 Employees.
14.1 Unless expressly stated to the contrary, a reference in this Agreement
to:
(a) AWA, means an individual agreement-based transitional
instrument that was, when made, an Australian
Workplace Agreement;
(b) Eligible Casual Employee means a casual Employee who
(c) Employees means Category 1 Employees and Category
2 Employees;
(d) ITEA, means an individual agreement-based transitional
instrument that was, when made, an Individual
Transitional Employment Agreement;
(e) Telstra Policy, means the relevant policy as varied from
time to time; and
(f) the Fair Work Act 2009 or Fair Work Regulations 2009,
unless otherwise stated is to be read as referring to the
Act or the Regulations or their successors as amended
from time to time.
14.2 Unless expressly stated to the contrary, a reference in this part of the
Agreement (Operation of this Agreement) to 'covers' or 'applies' (or
their derivatives) is a reference to those words as defined in the Fair
Work Act 2009 and Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009.
Section A: Employment arrangements
Types of work arrangements
15.1 Telstra may employ the following work arrangements:
15.2 There is no limitation on the number and/or use of any type of work
arrangement.
Part time employment
15.3 A part time Employee is engaged to work fewer than 36 ó hours per
week.
15.4 A part time Employee will be eligible for the benefits of this Agreement
on a pro-rata basis.
Movement to another job will be on the basis of merit selection. Where a
job requires an Employee 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 job.
17.1 A full time Employee's ordinary hours of work (other than a shift worker)
will be 36 ó hours per week, worked between 7.00am and 7.00pm,
Monday to Friday. If the Employee works in the Northern Territory, the
daily span will start and finish half an hour earlier.
Part time Employees
17.2 A part time Employee's ordinary hours of work (other than a shift
worker) will be worked between 7.00am and 7.00pm, Monday to Friday.
A part time Employee's minimum daily hours of part time work will be no
less than three hours. Telstra and the Employee may vary the part time
hours of work by agreement.
17.3 If an Employee commenced part time employment (even if they were
already employed by Telstra) after 21 December 2000, their hours of
work may be varied on the same basis that they are varied for a full time
Employee working in an equivalent job in the same area.
17.4 Telstra may vary the pattern of an Employee's part time hours by giving
the Employee at least seven days' notice (or fewer than seven days if the
Employee agrees). The Employee's manager will discuss any variation
with the Employee, and will take into account the Employee's
preferences and personal circumstances (including family/carer
responsibilities).
17.5 A part time Employee may request a variation of his or her hours. When
assessing the request, Telstra will take into account the Employee's
preferences and personal circumstances (including family/carer
responsibilities).
17.6 A part time Employee will have reasonably predictable hours of work.
Hours of work for shift workers
17.7 An Employee may be required to work shift work. The ordinary hours of
work for shift work will:
17.8 For information in relation to the payment of shift work, please refer to
clause 54 for Category 1 Employees and clause 76 for Category 2
Employees.
Start and finish times
17.9 An Employee's manager will advise the Employee of their work days and
start and finish times, including any shift arrangements. These may
change from time to time.
Overtime
17.10 Telstra may require an Employee to work reasonable overtime. An
Employee may refuse to work overtime if the overtime is unreasonable.
17.11 In deciding whether an Employee will be reasonably requested to work
overtime, or whether an Employee's refusal of the request is reasonable,
Telstra will consider factors set out in the National Employment
Standards including, but not limited to:
17.12 For information in relation to the payment of overtime, please refer to
clauses 55 and 56 for Category 1 Employees and clause 77 and 78 for
Category 2 Employees.
Method of working ordinary hours
17.13 Ordinary hours may be worked in any pattern which provides for an
average of 36 ó hours per week with the exception of Employees
engaged in arrangements in accordance with 58.1.
17.14 In setting an Employee's hours of work and rosters, Telstra will take into
account the personal circumstances of individual Employees (including
family/carer responsibilities). However, customer needs and operational
requirements will be a significant consideration in determining start and
finish times and the daily pattern of work. Outcomes will be distributed
fairly across the work group.
Meal break
17.15 There will be an unpaid meal break after no longer than five hours of
continuous work. The meal break will be at least 30 minutes in length
and no more than one hour, except for Category 1 Employees in areas
where the Flexible Working Hours Scheme operates where the meal
break may be longer. Within these parameters, the timing of the meal
break will be at the discretion of the manager, taking into account any
individual requirements.
18.1 An Employee's accrued leave balances immediately before the
Commencement Date will continue to be recognised under this
Agreement.
18.2 In this Section C:
(a) the term immediate family means:
(b) the term de facto partner:
(c) a member of the Employee's household means a person who
normally lives at the same residence as the Employee.
(d) the term primary carer means the parent that assumes the
principal role of providing care and attention to the child. A
secondary carer is the parent not assuming the principal role of
providing care and attention to the child.
19. Calculation of leave benefits
19.1 An Employee's leave benefits will be calculated based on:
19.2 Employees' leave benefits expressed in this Agreement are for full time
Employees working standard hours.
19.3 Employees who work non-standard hours will be entitled to equivalent
leave benefits to those set out for Employees working standard hours,
which benefits shall be calculated on an hourly basis. By way of example,
Employees who work an average 36 3/4 hour week (but who work a 9-day
fortnight, or 12 hour shifts) , would receive 147 hours' annual leave (four
weeks x 36 3/4 hours) and 110 1/4 hours' personal/carer's leave (15 days x
[36 3/4 hours / 5]).
Annual leave entitlement
20.1 An Employee will receive four weeks' paid annual leave each year or up
to five weeks' paid annual leave for a continuous shift worker in
accordance with clause 20.7.
Taking annual leave
20.2 Leave accrues on a pro-rata basis and may be taken by an Employee at
their initiative following such accrual, subject to the agreement of their
manager.
20.3 Telstra may direct an Employee to take annual leave provided the
direction is reasonable. Examples of a reasonable direction include:
20.4 If the period during which an Employee takes paid annual leave includes
a period of any other paid leave (eg. personal/carer's leave), the
Employee is taken not to be on paid annual leave for that period of other
paid leave.
Cashing out annual leave
20.5 If an Employee has five weeks' or more annual leave accrued, the
Employee may choose to cash out up to a maximum of two weeks'
annual leave, provided that the Employee's remaining accrued
entitlement to paid annual leave would not result in being less than four
weeks' annual leave. The request to cash out their annual leave must be
in writing. Telstra Policy applies to the payment of the benefit and
procedures for requesting the benefit.
Buying extra annual leave
20.6 An Employee may apply to forego payment of part of their Actual Salary
(Category 1 Employees) or Fixed Remuneration (Category 2 Employees),
and where approved Telstra will credit the Employee with additional
annual leave. The request to buy extra annual leave must be in writing.
Telstra Policy applies to the payment of the benefit and procedures for
requesting the benefit.
Extra week's leave for continuous shift workers
20.7 If an Employee is a seven day shift worker, that is, they are rostered to
and work shifts regularly on Sundays and Public Holidays, they will be
eligible for an additional week's annual leave after 10 Sundays worked as
part of a seven day shift. Where fewer than 10 Sundays are worked as
part of a seven day shift roster, additional leave will be proportionate (ie.
1/2 day for each Sunday worked). Where a seven day shift worker works
an overtime shift on a Sunday, that work will constitute Sunday work for
the purposes of this clause, provided that the overtime shift must be no
less than the normally rostered shift hours. The additional week's leave
will be for seven consecutive days and includes non-working days.
20.8 For information in relation to the payment of annual leave, please refer
to clause 52 for Category 1 Employees and clause 73 for Category 2
Employees.
21.1 An Employee will receive 15 days' personal leave each year, which may
be taken as either sick leave or a combination of sick leave and carer's
leave. Any unused personal leave accumulates.
21.2 Paid personal/carer's leave is available for absence:
21.3 An Employee will be entitled to up to a total of five days' paid
personal/carer's leave in any calendar year without medical or other
supporting evidence. However, medical or other supporting evidence
must be provided:
21.4 If:
22. Bereavement/compassionate leave
22.1 An Employee will receive up to three days' paid
bereavement/compassionate leave per occasion:
(a) to spend time with a person who is a member of the Employee's
immediate family or household who has either:
(b) after the death of a member of the Employee's immediate family
or household.
22.2 If Telstra so requests, the Employee must produce evidence of the
requirement to take bereavement/compassionate leave.
23.1 The terms and conditions of the Maternity Leave (Commonwealth
Employees) Act 1973 (as at the date that it ceased to apply to Telstra)
continue to apply to Employees until this Agreement is terminated or
replaced.
23.2 During an unpaid maternity leave period, an Employee may apply for
and shall be granted accrued annual leave or long service leave. An
Employee is not eligible to receive additional payments or time in lieu for
public holidays during any such period of long service leave.
23.3 An Employee shall receive their Actual Salary (for Category 1 Employees)
or Fixed Remuneration (for Category 2 Employees) during any period of
paid maternity leave, and annual leave or long service leave referred to
in clause 23.2.
23.4 Where the Employee is the primary carer, the Employee will receive a
total of up to 12 months' maternity leave and, in accordance with Telstra
Policy and relevant laws, may request an extension for a further period
of up to 12 months' unpaid parental leave immediately following the end
of the first period.
23.5 An Employee who wants to return to part time work (or any flexible work
arrangement) after maternity leave may apply to their manager. All
applications for flexible working arrangements will be carefully
considered, having regard to the Employee's needs and Telstra's
business and customer requirements.
24.1 Parental leave is available to eligible Employees who have completed 12
months' continuous service (except in the case of an Employee who is a
birth mother who accesses maternity leave under clause 23) in relation
to the birth or adoption of a child under the age of 16, where the
Employee has or will have a responsibility of care for the child.
24.2 Where the Employee is the primary carer, the Employee will receive a
total of up to 12 months' parental leave, of which between one and six
weeks, dependent on their responsibilities as carer, of that 12 months
may be paid. In accordance with Telstra Policy and relevant laws, an
Employee who is a primary carer may request an extension for a further
period of up to 12 months' unpaid parental leave immediately following
the end of the first period.
24.3 Where the Employee is the secondary carer, the Employee will receive a
total of one week's paid parental leave, and up to a further two weeks'
unpaid parental leave.
24.4 An Employee shall receive their Actual Salary (for Category 1 Employees)
or Fixed Remuneration (for Category 2 Employees) during any period of
paid parental leave.
24.5 Telstra Policy applies to the eligibility and payment of the benefit and
procedures for requesting the benefit.
25.1 The terms and conditions of the Long Service Leave (Commonwealth
Employees) Act 1976 (as amended up until the date that it ceases to
apply to Telstra) will continue to be applied to Employees, excluding
casual Employees, until this Agreement is terminated or replaced.
25.2 This clause operates to the exclusion of any State law in relation to long
service leave or which provides any benefits in the nature of, or in
respect of, long service leave.
26.1 An Employee is entitled to take community service leave to undertake an
eligible community service activity (as defined under the Fair Work Act
2009).
26.2 Eligible community service activities include jury service and certain
voluntary emergency management activities.
26.3 Telstra Policy applies to the payment of the benefit and procedures for
requesting the benefit.
27.1 An Employee will usually be entitled to a paid day off, but may be
requested to work, on days declared as public holidays if the request is
reasonable.
27.2 An Employee may refuse the request if the request is not reasonable or
the refusal is reasonable.
27.3 In deciding whether an Employee will be reasonably requested to work
on a public holiday, or whether an Employee's refusal of the request is
reasonable, Telstra will consider factors set out in the National
Employment Standards and Telstra Policy including, but not limited to:
28.1 From 1 October 2010 or the Commencement Date (whichever is the
later), an Employee is eligible for the following in accordance with Telstra
Policy:
28.2 Where an Employee elects to salary sacrifice in accordance with this
clause, Telstra will deduct a pre-tax amount (and where applicable, any
amount that Telstra incurs in respect to taxation) from the Employee's
Actual Salary (Category 1 Employees) or Fixed Remuneration (Category
2 Employees) and contribute it on their behalf for the purpose of the
packaged benefit.
28.3 No election under this clause 28 will reduce the Employee's Actual Salary
(Category 1 Employees) or Fixed Remuneration (Category 2 Employees)
for the calculation of benefits under the Agreement.
Section E: Flexible work arrangements
29. Group facilitative agreements
29.1 The following provisions in clauses 29.2 to 29.9 below may be utilised
where appropriate.
29.2 A workgroup and its supervisor/manager may agree (through majority
vote of Employees in the workgroup who are covered by this clause) in
writing, to vary the following things:
29.3 The ordinary hours of work (36ó hours per week) may be calculated as
the average of the hours worked over a cycle of no longer than four
weeks with a minimum of two rostered days off in that period.
29.4 The limits within which clause 29.2 may apply are as follows:
29.5 If as part of a workgroup an Employee makes an agreement under this
clause, the Employee will be entitled to payment at time and one half for
ordinary hours worked on Saturday and double time for ordinary hours
worked on Sunday. No overtime or other penalties will apply to these
ordinary hours worked.
29.6 The State office of the relevant union must be notified of an agreement
made between a workgroup and a supervisor/manager under this clause
at least 14 days prior to the varied working arrangement commencing.
The union will not unreasonably oppose the agreement.
29.7 Either a workgroup (through majority vote of Employees covered by an
agreement made under this clause), or their supervisor/manager, may
end the agreement on at least 14 days' written notice to the other. No
financial penalty will apply to either party as a result of the agreement
ending (eg. shift closure payouts).
29.8 If an agreement is made under this clause, it will override other
provisions of this Agreement to the extent of any inconsistency.
29.9 If immediately prior to the commencement of this Agreement an
Employee is party to a facilitative agreement, the facilitative agreement
will continue to operate and can be terminated in accordance with clause
29.7.
30. Individual flexibility agreements
30.1 Telstra and an Employee may agree to make an individual flexibility
agreement to vary the effect of terms of the Agreement if:
30.2 Telstra must ensure that the terms of the individual flexibility
agreement:
30.3 An Employee may have an employee representative to support them in
any discussions with their Telstra supervisor/manager.
30.4 The flexibility agreement must be in writing, include the names of Telstra
and the Employee and be signed by Telstra and the Employee or if the
Employee is under 18 years of age, signed by a parent or guardian of the
Employee.
30.5 The flexibility agreement must include details of:
30.6 Telstra will give the Employee a signed copy of the flexibility agreement
within 14 days after it is agreed to.
30.7 Telstra or the Employee may terminate the individual flexibility
agreement:
31. Additional flexible work arrangements
31.1 An Employee who is a parent, or who has responsibility for the care, of a
child who is either under school age or is under 18 and has a disability,
may request a change in working arrangements. Examples of changes in
working arrangements include changes in hours of work, changes in
patterns of work and changes in location of work.
31.2 This clause only applies to an Employee if, immediately before making
the request, the Employee is either a permanent Employee with at least
12 months' continuous service or an Eligible Casual Employee.
31.3 Any request for a change in working arrangements must be made in
accordance with Telstra Policy.
31.4 The request must be in writing and set out the details of the change
sought and the reasons for the change.
31.5 Telstra may only refuse the request on reasonable business grounds.
31.6 Telstra will provide a written response within 21 days including reasons
for any refusal to request.
32. Consultation: workplace change
32.1 The Parties recognise that the telecommunications industry is becoming
more competitive and continues to be subject to significant change.
32.2 Against this background, Telstra remains committed to providing secure
employment for Employees in a manner consistent with prudent
management.
32.3 Telstra acknowledges that some business decisions will impact on
Employees' personal and working lives and is committed to minimising
any adverse impact to the extent practicable. The following Consultative
Arrangement will assist in this.
32.4 Where Telstra proposes to introduce significant business initiatives or
major changes, which have a demonstrable impact on Employees
(including Telstra Policy which affects employment conditions), managers
will consult with the Employees who may be affected by the proposed
changes and their union 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
Telstra's workforce or in the skills required, the elimination or diminution
of job opportunities.
32.5 Telstra will consult with the Employees affected and their union(s) on the
introduction of the changes referred to in clause 32.4, the effect the
changes are likely to have on the Employees, and where possible the
measures to avert or mitigate the adverse effects of such changes on
Employees. Further, Telstra will give consideration to matters raised by
the Employees and/or the union(s), in relation to the changes and give
reasons for its decisions.
32.6 The affected Employees may appoint a representative for the purposes of
the procedures in this term.
33. Consultation: performance principles
33.1 Telstra representatives and representatives of the CEPU, CPSU and
APESMA will meet on a quarterly basis (or at such other times as agreed)
to discuss and review the following as applies to Employees covered by
this Agreement:
33.2 Telstra will consider and respond to issues raised during the quarterly
consultation meetings.
33.3 The consultation obligations in this clause relate solely to consultation
between Telstra and representatives of the CEPU, CPSU and APESMA
about the above matters, as they apply at an organisational level, and
not performance management or pay issues that may apply to an
individual Employee.
Section G: Employee support and workplace delegates
34. Employee support and workplace delegates
34.1 Union membership is a matter of employee choice. Telstra respects
freedom of choice and an employee's choice to join or not join a union.
34.2 Telstra recognises that Employees are entitled to be supported by their
union, or any other representative of their choice, in relation to matters
affecting their employment.
34.3 Telstra acknowledges and respects the role played by workplace
delegates supporting union members.
34.4 Workplace delegates, when acting on behalf of the union, have the right
to be treated fairly and to perform their role as a workplace delegate
without any discrimination in their employment.
34.5 Unions and workplace delegates recognise the importance of customer
service in the success of Telstra and will ensure that their activities do
not impact on the efficient operation of Telstra.
34.6 Telstra and the unions will comply with the terms of the Fair Work Act
2009 regarding right of entry.
35. Eligible workplace delegates and union training
35.1 An eligible workplace delegate is defined as a person who is authorised
by one of the Telstra unions (CEPU, CPSU or APESMA) to perform the
role of workplace delegate.
35.2 Eligible workplace delegates, as nominated by the Telstra unions, will be
able to attend formal union training courses in workplace relations under
this Agreement. An eligible workplace delegate will be entitled to, and
Telstra will grant, up to a maximum of three days per calendar year paid
union training leave, within an overall limit of 90 days, per calendar year,
in totality across the membership of the CEPU, CPSU and APESMA.
35.3 A workplace delegate must give Telstra six weeks' notice of their
intention to attend such courses and the leave to be taken, or such
shorter period of notice as Telstra may agree to accept.
35.4 The notice to Telstra will include details of the type, content and duration
of the course to be attended.
35.5 The taking of such leave will be arranged having regard to the
operational requirements of Telstra so as to minimise any adverse effect
on those requirements.
35.6 An eligible workplace delegate taking such leave will be paid all ordinary
time earnings which normally become due and payable during the period
of leave.
35.7 Leave of absence granted pursuant to this clause will count as service for
all purposes of this Agreement.
Section H: Dispute avoidance/resolution
36. Dispute avoidance/resolution
36.1 The Parties are committed to avoiding industrial disputation about the
application of this Agreement.
36.2 This clause sets out the procedures to be followed for avoiding and
resolving disputes about matters arising under this Agreement and in
relation to the National Employment Standards between Telstra and the
Employees covered by it. However, this clause does not apply in relation
to disputes about whether Telstra has reasonable business grounds to
refuse a request for flexible work arrangements or a request for
extended parental leave under the National Employment Standards.
36.3 Telstra aims to provide a productive, 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.
36.4 Telstra acknowledges the right of employees to seek the assistance of a
representative of their choice who may become involved in the
discussion at any stage of the process.
36.5 Where an Employee or more than one Employee seeks assistance in the
resolution of a dispute about a matter arising under this Agreement or
the National Employment Standards, in the first instance the matter may
be raised with their immediate supervisor who will attempt to resolve the
problem within two working days.
36.6 If the matter remains unresolved, it may be taken to the supervisor's
manager who will seek resolution within two working days, failing which
the assistance of a more senior manager may be sought.
36.7 If the matter has not been progressed to the satisfaction of the parties to
the dispute within six working days from the time it was first raised with
the supervisor, it may be referred to the relevant (Executive) Director
Human Resources of the Business Unit and the Director Workplace
Relations, for resolution within five working days. During the period
referred to in clauses 36.1 to 36.7 inclusive, normal work will continue
and Telstra will not implement the matters in dispute. After completion of
these steps, Telstra may implement the matters in dispute without
prejudice to the final resolution of the matter.
36.8 If the dispute about a matter arising under this Agreement or the
National Employment Standards remains unresolved, either party may
refer the matter to Fair Work Australia (or its successor) for conciliation.
The role of Fair Work Australia is limited to providing assistance to the
parties in an attempt to address and, if possible, resolve the matter in
dispute by conciliation as quickly as possible.
36.9 If conciliation fails to resolve the matter, and if at the conclusion of
conciliation Fair Work Australia indicates in writing to the parties that it
considers arbitration of the dispute about a matter arising under this
Agreement or the National Employment Standards to be appropriate,
then a party may request Fair Work Australia to, and Fair Work Australia
will, determine the matter by arbitration.
36.10 The Parties agree that the Director Workplace Relations and the
Employee's representative (which may be a union official) may agree to
waive these time limits in whatever manner is necessary to aid dispute
resolution.
36.11 Nothing in these procedures will prejudice the position of a party in a
genuine health and safety situation.
Section I: Redundancy arrangements
37.1 The Parties agree that the following principles reflect their shared
objectives:
37.2 Section I applies to redundancies notified (under clauses 39.1, 40.1 or
41.2) on or after the Commencement Date. The Telstra Redundancy
Agreement 2002 (or other relevant industrial instrument(s) under which
the redundancies were first notified) will continue to apply to any
redundancies notified before the Commencement Date.
38.1 An Employee's job may be redundant where:
38.2 An entitlement to the retrenchment payments set out in this section will
only arise where and when an Employee whose job is redundant is
retrenched by Telstra. Telstra retains the discretion as to whether an
Employee is retrenched.
38.3 The processes under this Agreement will not be stayed, extended or
interrupted in any way by any period of sick leave or absence from the
workplace (for any reason) by an Employee. This clause will not affect
the rights of an Employee under any other law.
39.1 Where the job of an Employee is redundant and Telstra has decided to
retrench the Employee, Telstra will (as soon as practicable after making
this decision and, in any event, before retrenching the Employee) notify
the Employee and the appropriate office of the union entitled to
represent the Employee, about:
39.2 An Employee advised of retrenchment under clause 39.1 will have a
seven day "cooling off" period to have the opportunity to:
39.3 Where an Employee has not elected to be retrenched at the conclusion of
the "cooling off" period under clause 39.2(f), they will be retrenched 14
days after the conclusion of the "cooling off" period and will be paid upon
retrenchment:
40.1 Where Telstra needs to select one or more Employees for retrenchment
from a group of Employees performing the same job, it will (as soon as
practicable after making this decision and, in any event, before
retrenching the Employee/s) notify the Employee/s and the appropriate
office of the union entitled to represent the Employee/s about:
40.2 Telstra will use criteria to fairly and objectively assess and rank the
Employees based on merit only and, once the assessment and ranking is
complete, consider only the ranking of the Employees when selecting
Employee/s for retrenchment.
40.3 The assessment, ranking and selection process will be conducted over a
minimum period of seven days and will conclude within a maximum of 21
days, as appropriate, after providing notification of the proposed
retrenchment/s.
40.4 At the conclusion of the assessment, ranking and selection process
Telstra will advise the selected Employee/s of their decision.
40.5 An Employee advised of retrenchment under clause 40.4 will have a
seven day "cooling off" period to have the opportunity to:
40.6 Where an Employee has not elected to be retrenched at the conclusion of
the "cooling off" period under clause 40.5(f), they will be retrenched 14
days after the conclusion of the "cooling off" period and will be paid upon
retrenchment:
41.1 In this clause a "site function" is a body of work which is readily
identified and treated by Telstra as a substantial, distinct and discrete
activity within a discrete geographical location.
41.2 Where Telstra has decided to close a site function and retrench all
Employees at that site function, it will provide the Employees and
appropriate office of the union entitled to represent the Employees at
least six weeks' notification of the site function being closed. The
notification will include information about:
41.3 An Employee advised of retrenchment under clause 41.2 will have the
opportunity to:
41.4 Employees will be retrenched at the date of the closure of the site
function (or earlier by agreement between Telstra and the Employee),
and will be paid upon retrenchment:
42.1 At Telstra's sole discretion, applications for voluntary redundancy may be
considered as part of redundancy processes in this Section of the
Agreement.
42.2 Nothing in this Agreement will require Telstra to accept any application
for voluntary retrenchment.
42.3 During the selection process outlined in clauses 40.2 and 40.3 Telstra
will seek applications for voluntary retrenchment from the Employees
within the group from which the selection is to be made and, before
selection is completed, consider any application for voluntary
retrenchment.
42.4 Should an application for voluntary retrenchment be accepted by Telstra
the Employee will be retrenched at the conclusion of seven days from the
date of acceptance and will be paid upon retrenchment;
43.1 The union/s notified about the proposed retrenchment/s in accordance
with clause 39.1, 40.1 or 41.2 will be given an opportunity to consult
with Telstra on;
43.2 Any consultation around these issues will conclude two weeks after the
notification has been given.
44.1 Where an Employee notified of proposed retrenchment advises Telstra
that they wish to seek redeployment, Telstra will assist the Employee to
endeavour to find another job at Telstra and may allow the Employee to
work through all or part of their notice period to continue their job search
(up to the date of the proposed retrenchment).
44.2 Where an Employee works through part or all of their notice period, they
will be paid the balance (if any) of the applicable notice payment upon
their retrenchment.
Category 1 Employees
44.3 Clauses 44.4 to 44.7 apply where a Category 1 Employee is accepted for
another suitable job at Telstra after the Employee is notified of
retrenchment.
44.4 Where the Category 1 Employee's applicable Actual Salary for the job to
which the Employee is to be redeployed is lower than the applicable
Actual Salary for the Employee's redundant job, the Employee may elect
either:
44.5 Where a Category 1 Employee accepts a redeployment job, the
Employee will be paid:
44.6 If a Category 1 Employee accepts a redeployment job and clause 44.5(b)
applies, the Employee will not be entitled to any increase in the
Employee's Actual Salary until the applicable Company Rate for the
redeployment job is equal to or exceeds the Employee's Company Rate
for the Employee's redundant job.
44.7 Where a Category 1 Employee is in receipt of a Grandfathered Allowance
at the time of redeployment, their Actual Salary will not be reduced and
their Grandfathered Allowance will adjust up or down, in accordance with
the job movement rules set out at clauses 65 to 66.
Category 2 Employees
44.8 Clause 44.9 applies where a Category 2 Employee is accepted for
another suitable job at Telstra after the Employee is notified of
retrenchment.
44.9 Where the Category 2 Employee's Fixed Remuneration for the job to
which the Employee is to be redeployed is lower than the Employee's
Fixed Remuneration for the Employee's redundant job, the Employee
may elect either:
45.1 An Employee's retrenchment benefit will be calculated based on:
45.2 An Employee who is retrenched by Telstra will be paid the following
redundancy benefits upon retrenchment:
45.3 For the purpose of calculating any payment under clause 45.2:
45.4 An Employee who is retrenched by Telstra will also be entitled to the
following benefits:
45.5 Where an Employee is working part time on the date of termination, the
service based component of their retrenchment benefit will be based on
the weighted average of the Employee's part and full time service, which
will not be less than the current part time status as at the date of
termination.
Section J: Retrenchment appeals
46.1 An Employee who is notified of their selection for proposed retrenchment
may appeal their assessment, ranking and/or selection for retrenchment
(unless the redundancy arises as a result of the closure of a site or a
discrete function or activity at a particular site).
46.2 The Employee must lodge the appeal in writing within the seven day
"cooling off" period after receiving the written notification of their
proposed retrenchment. No appeals will be allowed outside this period.
46.3 The appeal must state the grounds of appeal in full. Any grounds not
stated in the written appeal will not be considered on appeal.
46.4 A Telstra representative not involved in the original decision will be
allocated the appeal to review along with any relevant documentation.
46.5 The Employee will be given an opportunity to be heard. The time, place
and manner of this opportunity to be heard will be at the discretion of
the Telstra representative who has been 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.
46.6 The Telstra representative allocated the appeal will, within 10 business
days, make a decision on the appeal and communicate the decision to
the Employee. The decision will be to:
46.7 A decision under clause 46.6 may be escalated under clause 36 and, if so
escalated, the matter will immediately proceed to the process outlined at
clause 36.8.
46.8 The retrenchment process will be stayed until the decision is
communicated under clause 46.6 but if the decision is to uphold the
assessment, ranking and/or selection for retrenchment in accordance
with clause 46.6(a), the amount payable to the Employee on
retrenchment shall be reduced by the lesser of:
46.9 An Employee may nominate a representative of their choice, including
the union, at any stage of this process.
TERMS AND CONDITIONS FOR CATEGORY 1 EMPLOYEES
Section K: Definitions and interpretation for Terms and Conditions for Category 1 Employees
47. Definitions and interpretation
The meanings of the terms used in Terms and Conditions for Category 1
Employees are set out below.
Term
- Meaning
Actual Salary
the salary that an Employee is actually paid.
Actual Salary Calculation of Salary Related Benefits
an Employee's Actual Salary will be the salary for
all purposes in calculating benefits under this
Agreement, including the calculation of
redundancy, superannuation, long service leave
and maternity leave entitlements.
Band
the level of a job within the relevant Workstream.
Company Rate
the annual rate of pay for jobs within a Band at
any particular time.
Core Jobs
jobs that have been graded and placed into
Bands by the Telstra Job Evaluation and
Classification System using agreed job
descriptions. Core Jobs align particular job duties
with Bands for the life of this Agreement, and
guide evaluators in determining the appropriate
Band for new or substantially altered jobs.
Customer Field Workstream
Employees engaged in Customer Access Network
(CAN) construction and/or in the end to end
(CFW)
installation, operation, maintenance and repair of
all services for customers and/or in the
supervision and/or direct operational support of
such employees and the testers in the service
assurance call centres.
Customer Sales and Service Workstream (CSSW)
Employees engaged principally in: the sale of
products and services; managing of enquiries for
Telstra customers; fault reporting - who are not
covered in the Customer Field Workstream or
Technical Workstream; telesales; billing and
credit management; and the direct supervision
and direct support of employees employed in
these functions.
Employee
when used in "Terms and Conditions for Category
1 Employees", a Category 1 Employee.
Grandfathered Allowance
an annualised allowance which is paid fortnightly
and calculated as the difference between the
Company Rate for their job and an Employee's
Actual Salary. Any Grandfathered Allowance will
be paid in accordance with this Agreement.
Grandfathered Employee
an Employee who is entitled to a Grandfathered
Allowance as set out in this Agreement.
Grandfathered Employee's Actual Salary
the sum of the Company Rate for their job plus
their Grandfathered Allowance.
Increase Date 1
the date on which the first salary increase
provided for in this Agreement is payable. This
will be 1 July 2010.
Increase Date 2
the date on which the second salary increase
provided for in this Agreement is payable. This
will be 1 October 2010.
Increase Date 3
the date on which the third salary increase
provided for in this Agreement is payable. This
will be 1 July 2011.
Increase Date 4
the date on which the fourth salary increase
provided for in this Agreement is payable. This
will be 1 October 2011.
Performance Bonus
a bonus calculated and paid in accordance with
clause 49.
Relevant Awards
those awards set out in clause 13.2.
Support Workstream(SW)
Employees engaged in work in Australia that is
not in the Technical Workstream, Customer Field
Workstream, Technology Professional
Workstream or the Customer Sales and Service
Workstream.
Technical Workstream (TW)
Employees engaged in applying practical skills
and knowledge to the technical aspects of voice,
data, video and information technology and those
engaged in the direct supervision of these
employees. The work is focused on applying,
either directly or in coaching others, technical
know-how to solve problems around technical
practices. It requires a suitable practical
background. The exercise of technical judgement
is required within a specific discipline or area of
technical work.
Technology Professional Workstream (TPW)
Employees engaged in applying theoretical skills
and knowledge to voice, data, video and
information technologies and related architecture
and those engaged in the direct supervision of
these employees. The work is focused on
applying, either directly or in coaching others,
first principles to solve problems of a conceptual
or novel nature in relation to the above
technologies and architecture. It is characterised
by longer term planning horizons. The work is
undertaken within higher degrees of autonomy in
determining the conceptual approach.
Telstra Job Evaluation and Classification System
the grading system that will apply to all jobs
covered by Category 1 of this Agreement. It will
involve the agreed Telstra Core Job Descriptions,
as well as a system to grade jobs from scratch
using a new job description. The system is based
on the Hay system of job evaluation.
Workstream
a defined group of employees working in jobs
which are operationally and organisationally
associated within Telstra.
Section L: What an Employee gets paid
48.1 The Company Rates that apply from the Commencement Date and at
each Increase Date are set out in Schedule A to Terms and Conditions
for Category 1 Employees.
48.2 On Increase Date 1, an Employee will receive a salary increase to the
Company Rate for their Workstream and Band of 2%.
48.3 On Increase Date 2, an Employee will receive a salary increase to the
Company Rate for their Workstream and Band of 2%.
48.4 On Increase Date 3, an Employee will receive a salary increase to the
Company Rate for their Workstream and Band of 2%.
48.5 On Increase Date 4, an Employee will receive a salary increase to the
Company Rate for their Workstream and Band of 2%.
48.6 Salary will be paid fortnightly in arrears.
49.1 An Employee will receive a Performance Bonus calculated by reference to
the following table and this clause 49 if the Employee receives an annual
performance rating of Significantly Exceeds Expectations (SE) or Exceeds
Expectations (EE) in a Performance Year (or as pro-rated for any part
period of service by the Employee under Category 1 in that Year):
49.3 An Employee's annual performance rating will be determined solely at
Telstra's discretion.
49.4 The Performance Bonus amount is inclusive of any company
superannuation contribution and will not form part of the Employee's
Actual Salary, the Company Rates, or Actual Salary - Calculation of
Salary Related Benefits.
50. Allowances (including Grandfathered Allowances)
50.1 The rates for the Allowances referred to in Schedule B to Terms and
Conditions for Category 1 Employees are payable from the
Commencement Date.
50.2 If on the date immediately prior to the Commencement Date, an
Employee was being paid a Grandfathered Allowance under the Telstra
Enterprise Agreement 2005-2008, then from the Commencement Date
the Employee will be paid the Company Rate for his or her job plus the
Grandfathered Allowance.
51. Calculation of other entitlements
All payments in clause 53 (public holidays), clauses 55 and 56
(overtime), clause 60 (shift work) and clause 3B of Schedule B to Terms
and Conditions for Category 1 Employees (Essential customer servicing)
will be calculated by reference to the Employee's Actual Salary.
52. Annual leave payment and loading
52.1 Payment for annual leave is the Employee's pay rate at the time they
take annual leave plus any additional amount which they would have
received for working ordinary hours on a shift or Saturday or Sunday had
they not been on annual leave.
52.2 On the first occasion in a calendar year when an Employee takes annual
leave, Telstra will pay the Employee an annual leave loading payment
based on the following formula:
17.5% of the Employee's weekly pay at the time of the payment,
as determined under clause 52.1
multiplied by:
52.3 If an Employee does not take annual leave in a particular calendar year,
the annual leave loading payment for that calendar year will be paid on
the next occasion when the Employee takes annual leave.
52.4 The payment of 17.5% is subject to a maximum payment of the
equivalent of the Australian Bureau of Statistics Male Average Weekly
Total Earnings figure for the preceding September quarter.
53.1 Subject to clause 57 where an Employee works ordinary hours on a
public holiday they will receive an additional payment at the rate of
150% for ordinary hours worked. This clause does not apply where
clause 61 (Scheduled overtime worked from home) applies.
54.1 An Employee required to work shift work will be paid at the rates set out
in this clause.
54.2 If an Employee works a shift where any part of the shift falls between
7.00pm and 7.00am, Monday to Friday, that Employee will receive an
additional payment at 15% of their salary for all time worked on that
shift.
54.3 If an Employee works a shift on a Saturday, that Employee will receive
an additional payment at 50% of their salary for all time worked between
the hours of midnight Friday and midnight Saturday on that shift.
54.4 If an Employee works a shift on a Sunday, that Employee will receive an
additional payment at 100% of their salary for all time worked between
the hours of midnight Saturday and midnight Sunday on that shift.
54.5 If an Employee works shifts and is required to work a shift that falls
wholly within 6.00pm and 8.00am for a period greater than four weeks,
that Employee will receive an additional payment of 30% of their salary
for all time worked on that shift.
55. Payment for overtime: full time Employees
55.1 An Employee may be required, to work reasonable overtime. An
Employee authorised to work overtime will be paid the overtime rates
prescribed in clause 55.2.
55.2 An Employee will be paid overtime rates as follows:
55.3 If an Employee is engaged in a CFW or TW job, the provisions of clause
14 of the Telstra/CEPU Technical and Trades Staff (Salaries and Specific
Conditions of Employment) Award 2001, as varied from time to time, will
apply.
56. Payment for overtime: part time Employees
56.1 A part time Employee may be requested, but not required, to work
overtime. Overtime when worked and authorised will be paid at the rates
in clause 55.2, after an Employee has worked ordinary hours equivalent
to a full time Employee, or weekly hours exceeding 36ó hours per week.
56.2 If a part time Employee works additional time, which is not overtime as
defined, the additional time worked will be paid at the ordinary rate. For
an Employee required to work shift work, this will be ordinary rate plus
the shift penalty for the additional time worked.
56.3 Any additional hours paid at ordinary time will count for the pro-rata
accrual of annual leave and sick leave.
57.1 If an Employee is engaged in a CSSW or SW job, and their Actual Salary
(including Temporary Assignment Allowance) exceeds $71,230 (at
Commencement Date), $72,654 (from Increase Date 1), $74,107 (from
Increase Date 2), $75,589 (from Increase Date 3) and $77,101 (from
Increase Date 4) then the Employee will not be eligible to receive the
payments prescribed in:
57.2 If an Employee is engaged in a job in the SW, TPW, CFW or TW
Workstreams at Band 9 or above (including on Temporary Assignment
Allowance), the Employee will not be eligible to receive the following:
57.3 The exclusion in clause 57.2 does not apply to any CFW or TW Employee
whose job is that of a technical specialist.
57.4 The exclusion in clause 57.2 does not apply to any TPW Employee whose
job is that of a technical specialist graded at Band 9 or Band 10.
Section M: Scheduling arrangements
58. Method of working ordinary hours
Areas of Telstra which currently operate under the Flexible Working
Hours Scheme (based on seven hours 21 minutes per day) or a nine day
fortnight (consisting of eight hours 10 minutes per day) will continue to
have access to those arrangements in a manner consistent with this
Agreement, having regard to, in particular, those matters contained in
clauses 17.9, 17.14 and 59.
59.1 For Employees working ordinary hours between 7.00am and 7.00pm,
Monday to Friday in Customer Call Centres, except for Employees
covered by clauses 60.2 to 60.9, a Committed Scheduling arrangement
will apply in accordance with clauses 59.2 to 59.11. Committed
Scheduling covers the full range of work functions including call handling
and non-call handling activities.
59.2 The Centre Manager will determine the timing and the need for the
introduction of the scheme. Employees will be scheduled to work a total
of 147 hours over a four week period, averaging 36 3/4 hours per week.
Employees will be scheduled to work no more than 10 hours per day and
no less than five hours per day.
59.3 Schedule options will be developed on a four weekly cycle and take into
consideration the needs of the business, together with the needs and
preferences of Employees.
59.4 Individual schedules will include predetermined daily commencement,
finish and meal break times plus up to two scheduled days off over a four
week period. The allocation of schedules to a centre will be based on the
number of requested days off by Employees in that centre.
59.5 Allocation of individual schedules will be based on the needs of the
business and Employee preferences. Where there are gaps between the
required schedule numbers and Employee preferences, all final schedules
will be determined by the Centre Manager.
59.6 Employees will receive a minimum of seven days' notice of their four
weekly schedule. The intent is to minimise variations in individual start
times within a schedule and from schedule to schedule.
59.7 It is recognised that circumstances will arise from time to time that lead
to Employees not meeting scheduled start and finish times. The
supervisor/manager will have discretion to facilitate alternative
arrangements where appropriate.
59.8 An Employee may initiate schedule swaps, subject to the prior approval
of their supervisor/manager where there is no impact on the business.
59.9 Overtime will be paid where an Employee works beyond scheduled hours
and the supervisor/manager does not facilitate time in lieu
arrangements.
59.10 All unplanned leave will be recorded as equal to the amount of time an
Employee was scheduled to work that day.
59.11 If an Employee is transferring from a site covered by this clause, the
timing of the move will take into account the balance of hours worked; if
the hours worked are in excess of the 36ó hour weekly average, their
supervisor/manager will arrange time off in lieu.
Shift work (CFW/TW)
60.1 If an Employee is in a CFW or TW job, the shift provisions set out in
clauses 17.7 and 54 will apply, together with the provisions of clause
12.2 of the Telstra/CEPU Technical and Trades Staff (Salaries and
Specific Conditions of Employment) Award 2001, and clauses 12.2,
12.2.1 and 12.6 of the Telstra/CPSU Award 2001.
Shift scheduling for CSSW Employees in the Alchemy and Casino Outbound centres and Townsville Service Solutions
60.2 For CSSW Employees working shift in the Alchemy and Casino Outbound
centres and Townsville Service Solutions (or successors), clauses 60.3 to
60.9 will apply.
60.3 An Employee's supervisor/manager will determine the timing and the
need for the introduction of shifts. An Employee will be scheduled to
work no more than 10 hours per day, and no less than five hours per
day.
60.4 Schedule options will be developed on a cycle and take into consideration
the needs of the business, together with the needs and preferences of
Employees.
60.5 Individual schedules will include predetermined daily commencement,
finish and meal break time etc, and the scheduled days off over the shift
cycle. (Refer to clause 63 of this Agreement for the rest break
arrangements).
60.6 Allocation of individual schedules will be based on the needs of the
business and Employee preferences. Where there are gaps between the
required schedule numbers and Employee preferences, all final schedules
will be determined by the manager.
60.7 An Employee will receive a minimum of four weeks' notice of their new
schedule. The intent is to minimise variations in individual start times
within a schedule, and from schedule to schedule.
60.8 An Employee may initiate schedule swaps, subject to the prior approval
of their supervisor/manager where there is no impact on the business.
60.9 All unplanned leave will be recorded as equal to the amount of time the
Employee is scheduled to work that day.
61. Scheduled overtime worked from home
61.1 Scheduled overtime worked from home occurs where:
61.2 If an Employee is scheduled to work overtime from home, the Employee
will be paid for the actual time worked subject to a minimum payment
period of one hour at double time.
61.3 Employees will be given at least two working days' notice of any
scheduled overtime under this clause, unless a shorter notice period is
agreed between the Employee and the manager.
61.4 If an Employee is scheduled to perform work at home, which can be
effectively performed from home, but elects to perform the work at the
worksite, the Employee will only be paid as if the work was performed at
home.
61.5 Employees who are ineligible for overtime payment as described in
clause 57 of this Agreement will not be paid under the provision of clause
61.2.
61.6 Clause 62.2 of this Agreement (Rest relief) applies to Employees who
perform work under this clause.
62.1 An Employee will have at least 10 consecutive hours off work (inclusive
of reasonable travelling time) between periods of ordinary hours work.
62.2 Where an Employee works overtime between periods of ordinary hours
work, they will have 10 consecutive hours off work between these times,
before commencing the next period of ordinary hours work, without loss
of pay.
62.3 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 they 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.
62.4 Notwithstanding the provisions of clause 62.2, where overtime is worked
under the Relevant Award Emergency Duty provisions, rest relief will
only apply when the time worked is at least three hours (including
travelling time) on a call.
62.5 The provisions of this clause do not apply where an Employee wishes to
change their scheduled shift, and their manager agrees to the change.
63.1 Where an Employee is employed in a CSSW job that was previously
covered by the 'Telstra/CEPU Operators/Job Work Design Review
Agreement 1997' or 'PSU/Telstra Agreement for Conditions of
Employment at the National Telemarketing Centre 1994', the Employee
will continue to have access to rest breaks under the same arrangements
as previously provided for by those agreements, as set out in this clause.
63.2 Subject to clause 63.1, Employees in E000, and Service Solutions
Townsville (or successors) may take the following additional rest breaks:
63.3 Subject to clause 63.1, Employees in the Alchemy and Casino Outbound
centres (or successors) may take the following rest breaks:
Section N: Workstream arrangements
Workstream allocation
64.1 An Employee's job is allocated to a Workstream. The Workstream
definitions are contained in Section K (Definitions and interpretation for
Terms and Conditions for Category 1 Employees) of this Agreement.
Workstream principles
64.2 The following Workstream principles apply to the operation of the
Workstreams and the operation of this Agreement. The work in each
Workstream will be evaluated in accordance with the Telstra Job
Evaluation and Classification System, and these principles.
Note: A copy of the current Telstra Job Evaluation and Classification System will be included with this Agreement when it is lodged with Fair Work Australia.
The Telstra Job Evaluation and Classification System
64.3 Each Band, within a Workstream, will have agreed representative Core
Job Descriptions. There may be more than one Core Job Description for
each Band. Core Job Descriptions will form part of this Agreement.
64.4 As part of the job evaluation and classification process, managers will
design any new jobs that will go into the Workstream. Should the
parties (being Telstra and any Employee to whom the new job applies)
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:
64.5 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.
64.6 Core Jobs will not be changed or altered during the period of operation of
this Agreement. Notwithstanding this clause, Telstra and the unions
covered by this Agreement may agree to review the core jobs during the
life of this Agreement.
65. Job movement rules - voluntary transfer and promotion
65.1 Subject to clause 65.2, if an Employee chooses to move to another job
or is promoted:
65.2 If a Grandfathered Employee chooses to move to another job or is
promoted to a job in another Workstream or Band under this Agreement:
65.3 If a Grandfathered Employee chooses to move to another job or is
promoted to a job in another part of Telstra not covered by this
Agreement, they will cease to be covered by this Agreement but:
66. Job movement rules - Telstra initiated transfers
66.1 If an Employee is transferred by Telstra to a new job covered by this
Agreement, where the work is substantially the same, the following
provisions will apply:
66.2 Subject to obtaining the Employee's consent for relocation interstate, if
Telstra relocates an Employee then the Employee will be provided with
relocation assistance in accordance with Telstra Policy.
66.3 Subject to clauses 67 and 68, if an Employee is temporarily occupying a
higher position, they will receive the Company Rate for the job to which
they have been temporarily assigned. If the Employee is a Grandfathered
Employee, any Grandfathered Allowance that they are being paid will
automatically adjust to ensure that their Actual Salary is retained for the
period of the temporary assignment.
67. Customer Field Workstream (CFW)
Structure of CFW Work
67.1 In the CFW, the basic field workforce structure is a team. A team will
cover either a geographic area or an overlaying specialist activity for a
number of geographic team areas. A team will be headed by a Team
Leader and consist of a variable number of generalist and/or specialist
Employees.
Multi-functional work provisions - CFW
67.2 An Employee engaged in a CFW job may be requested to perform any
CFW function at or below their work Band and if they have the necessary
tool set (ie. Training/Competency, Tools, Required Equipment, Vehicle)
they will use their skills and abilities to complete the task competently.
67.3 An Employee may also be requested to perform higher level functions,
typical of higher Bands in the CFW, in a temporary capacity during times
of peak work load or for employee development purposes, where they
have the appropriate tool set. Such requests should be the exception,
not the rule, in work allocation and usually would result from jeopardy
avoidance or an urgent, first-in response requirement. Employees are
expected to use their skills and abilities to complete the task
competently.
67.4 If an Employee is required to frequently work at a higher Band,
consideration will be given to an ongoing requirement for a higher Band
job.
Log on and travel arrangements
67.5 Log on and travel arrangements for CFW Employees will be in accordance
with Schedule C to Terms and Conditions for Category 1 Employees.
68. Multi-functional work provisions - TW and TPW
68.1 An Employee engaged in a TW job may be requested to perform any TW
function at or below their work Band. An Employee engaged in a TPW
job may be requested to perform any TPW function at or below their
work Band. If the Employee has the necessary tool set (ie. Training/
Competency, Tools, Required Equipment, Vehicle) they will use their
skills and abilities to complete the task competently.
68.2 An Employee may also be requested to perform higher level functions,
typical of higher Bands in the TW or the TPW, respectively, in a
temporary capacity during times of peak work load or for employee
development purposes, where they have the appropriate tool set. Such
requests should be the exception, not the rule, in work allocation and
usually would result from jeopardy avoidance or an urgent, first-in
response requirement. Employees are expected to use their skills and
abilities to complete the task competently.
68.3 If an Employee is required to frequently work at a higher Band,
consideration will be given to an ongoing requirement for a higher Band
job.
TERMS AND CONDITIONS FOR CATEGORY 2 EMPLOYEES
Section O: Definitions and interpretations for Terms and Conditions for Category 2 Employees
69. Definitions and interpretation
The meanings of the terms used in Terms and Conditions for Category
2 Employees are set out below.
Term
Meaning
Band
jobs in each Job Family will be classified in
accordance with Telstra's classification system
and Telstra Policy for Category 2 Employees. The
highest classification level covered by this
Agreement is Band 2 whilst the entry
classification level is Band 4ii. The system is
based on the Hay system of job evaluation.
Corporate Support Services
jobs in this family are predominantly occupied in
the delivery and administration of a broad range
of human resources, public relations, accounting,
marketing, procurement, administration and
other professional and semi professional services
to ensure the related strategies, programs,
processes in the business are aligned to corporate
goals.
Customer Support (Non-Technical)
jobs in this family are predominantly occupied in
managing or undertaking customer enquiries
typically relating to billing, scheduling of network
faults, provisioning/order management, credit
management, complaints management or directly
in support of the field workforce.
Customer Support (Technical)
jobs in this family include managing or
undertaking activities such as network
construction, maintenance, operation,
performance monitoring and equipment
installation into the network or customer
premises. Jobs also include fault identification,
isolation, testing and/or repair, basic design
within existing infrastructure, product support
and advice to other employees that is of a
technical nature.
Employees are expected to apply practical skills
and knowledge to the technical aspects of
Telecommunication and Information Technology.
The work is focused, either directly or in coaching
others, on applying practical technical know-how
and judgement within a specific discipline or area
of technical work to undertake job tasks.
Employee when used in "Terms and Conditions for Category
2 Employees", a Category 2 Employee.
Fixed Remuneration
a component of an Employee's Total
Remuneration, which is inclusive of the
Employee's salary and Telstra superannuation
contribution.
Individual Contributor Role
individual contributor roles are those where the
majority of duties are of an operational,
specialised or technical nature as opposed to
managing people.
Professional Technical Services
jobs in this family are predominantly occupied in
the design and delivery of products and networks,
working to design and implement new systems,
products, network infrastructure or integrating
existing systems or products. Incumbents will
typically have tertiary technical qualifications or
relevant deep technical experience, enabling the
application of theoretical principles in solving
complex and novel problems.
Remuneration Summary
the document provided separately to the
Employee from time to time setting out their
Total Remuneration, but which does not form part
of this Agreement.
Sales
jobs in this family are predominantly occupied in
the selling process, in active selling roles or
supervising those that are in active selling jobs.
These jobs will be remunerated via fixed
remuneration and commission/incentive
payments based on sales/performance.
Variable Remuneration
a component of an Employee's Total
Remuneration linked to performance for which
eligibility, calculation and payment is determined
in accordance with Telstra Policy at Telstra's
absolute discretion.
Total Remuneration
is the Employee's personal remuneration package
described in clause 70.
Section P: What an Employee gets paid
70. An Employee's Total Remuneration
70.1 Telstra will provide the Employee with a Remuneration Summary that
specifies the Employee's Total Remuneration.
70.2 An Employee's Total Remuneration is made up of their:
70.3 An Employee's Fixed Remuneration will include a salary at a rate not
less than the applicable minimum salary for their job and Band set out
at clause 71.
70.4 An Employee will be paid fortnightly in arrears.
The following table sets out the minimum salary rate for each Job
Family and Band:
72. Review of Employee remuneration
Telstra will review the remuneration of an Employee each year, usually
in October. Any change to an Employee's Remuneration will be set out
in a new Remuneration Summary and is at Telstra's absolute
discretion.
73. Annual leave payment and loading
73.1 An Employee will be paid the Employee's Fixed Remuneration during
periods of annual leave.
73.2 An Employee's Fixed Remuneration includes an amount to compensate
for annual leave loading.
74. Payment for public holidays
Subject to clause 80, where an Employee works ordinary hours on a
public holiday they will receive an additional payment at the rate of
150% of Fixed Remuneration minus the Telstra superannuation
contribution for ordinary hours worked.
75. Additional payments (shift work, overtime and on-call)
75.1 Subject to clause 80, where an Employee works approved shift work,
overtime or is required to be on-call to return to work, the Employee
will receive payment as set out below. All payments in clauses 76 to 79
will be calculated by reference to the Employee's Fixed Remuneration
rate less the Telstra superannuation contribution.
76.1 An Employee required to work shift work will be paid at the rates set
out in this clause.
76.2 If an Employee works a shift where any part of the shift falls between
7.00pm and 7.00am, Monday to Friday, that Employee will receive an
additional payment at 15% for all time worked on that shift.
76.3 If an Employee works a shift on a Saturday, that Employee will receive
an additional payment at 50% for all time worked between the hours
of midnight Friday and midnight Saturday on that shift.
76.4 If an Employee works a shift on a Sunday, that Employee will receive
an additional payment at 100% for all time worked between the hours
of midnight Saturday and midnight Sunday on that shift.
76.5 If an Employee works shifts and is required to work a shift that falls
wholly within 6.00pm to 8.00am for a period greater than four weeks,
that Employee will receive an additional payment of 30% for all time
worked on that shift.
77. Payment for overtime - full time Employees
77.1 An Employee required and authorised to work overtime will be paid at
the rates set out in this clause.
77.2 If a full time Employee is required and authorised to perform overtime
on a Monday to Saturday, that Employee will be paid at 150% for the
first three hours worked and 200% for any additional hours.
77.3 If a full time Employee is required and authorised to perform overtime
on a Sunday outside their normal business hours, that Employee will
be paid at 200% for all time worked on Sunday.
77.4 If a full time Employee is required and authorised to perform overtime
on a public holiday, that Employee will be paid at 250% for all time
worked on the public holiday.
78. Payment for overtime - part time Employees
78.1 A part time Employee may be requested, but not required, to work
overtime. Overtime when worked and authorised will be paid at the
rates in clause 77, after an Employee has worked ordinary hours
equivalent to a full time Employee, or weekly hours exceeding 36ó
hours per week.
78.2 If a part time Employee works additional time, which is not overtime
as defined, the additional time worked will be paid for at the ordinary
rate. For an Employee required to work shift, this will be ordinary rate
plus the shift penalty for the additional time worked.
78.3 Any additional hours paid at ordinary time will count for the pro-rata
accrual of annual leave and sick leave.
79. Essential customer servicing payments
79.1 Telstra may schedule an Employee to be available to respond to
business needs outside ordinary hours of work.
79.2 Eligibility for this allowance is based upon the Employee's manager
expressly scheduling them in accordance with the provisions of this
clause.
79.3 Employee scheduling for the purposes of this clause will be based on a
weekly cycle as follows:
(a) On-Call:
An Employee is required to remain contactable and available within a
reasonable time to return to work. Payment will be $8.75 per night
and $20.20 per day and night.
(b) Emergent-Call:
An Employee is required to be available and ready to return to work
within 30 minutes. Payment will be $17.50 per night and $40.25 per
day and night.
(c) Immediate-Call:
An Employee is required to remain at home and be ready for
immediate recall to work. Payment will be $7.40 per hour.
79.4 For the purposes of this clause 79, 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.
79.5 No payment will be made to an Employee under this clause 79 where
they have been appropriately scheduled but they do not, or cannot, to
the required degree of readiness, respond to a call to duty. In addition
to the amount referred to in clause 79.3 above, if an Employee is
required to:
79.6 If an Employee is not scheduled in accordance with clause 79.2 but
they are contacted to perform duty at home they will be paid at 200%
for the actual time worked subject to a minimum payment of one hour.
79.7 If an Employee is called upon to perform work at home, which can be
effectively performed at home, but the Employee elects to perform the
work at the worksite, they will only be eligible for payment as if the
work was performed at home.
80. Exemptions for overtime, public holidays and on-call payments
80.1 If the Employee's Fixed Remuneration exceeds $72,975, the Employee
will not be eligible to receive the payments prescribed in clauses 74,
77, 78 or 79 unless the Employee's job:
80.2 If the Employee is in the Sales (Field Based) Job Family, the Employee
will not be eligible to receive the payments prescribed in clauses 74,
79.3(a), 79.3(b) or 79.3(c).
81. Telstra initiated transfers
81.1 The Employee may be assigned to another position within Telstra that
they are capable of performing (either immediately or after further
training) or seconded to another position to meet a short term need.
This Agreement will continue to apply in any new position and the
Employee will be paid at a rate of Fixed Remuneration no less than
they had been paid prior to the assignment or secondment.
81.2 Subject to obtaining the Employee's consent for relocation interstate, if
Telstra relocates an Employee then the Employee will be provided with
relocation assistance in accordance with Telstra Policy.
82. Employee initiated transfers
If an Employee chooses to move:
83.1 Telstra may engage casual employees as Category 2 Employees.
83.2 A casual Employee will be engaged on an hourly basis.
83.3 A casual Employee will be paid the hourly rate for their Job Family and
Band plus a minimum 20% casual loading. Without limiting clause
83.4, the loading will be paid in lieu of annual leave, paid
personal/carer's leave, paid bereavement/compassionate leave and
additional payment for public holidays.
83.4 Subject to clause 83.5, the following provisions of this Agreement do
not apply to casual Employees:
83.5 Notwithstanding clause 83.4, Eligible Casual Employees will still be
entitled to parental leave, unpaid carer's leave, unpaid bereavement
leave and leave on public holidays in accordance with the Fair Work
Act 2009.
83.6 Subject to clause 83.7, casual Employees in the Customer Support
(Technical) and the Professional Technical Services Job Families will
receive payment at the following rate by reference to their hourly rate
minus the Telstra superannuation contribution:
83.7 Where an Employee is paid:
Signed for Telstra by its representative authorised to sign this Agreement
Signed for and on behalf of CEPU by its representative authorised to sign
this Agreement:
Signed for and on behalf of CPSU by its representative authorised to sign
this Agreement
Signed for and on behalf of APESMA by its representative authorised to sign
this Agreement
SCHEDULE 1 - EMPLOYEE COLLECTIVE AGREEMENTS
1. Service Advantage (Call Centric - Perth) Employee Collective
Agreement 2008-2011
SCHEDULE 2 - CATEGORIES OF EMPLOYEES NOT COVERED BY THIS AGREEMENT
1. An employee who works in Telstra Network Enterprise Services (or
its successor) and who satisfies one of the following:
These employees are covered by the Telstra Network Enterprise
Services One Employee Collective Agreement 2009-2012.
2. An employee who works in Telstra Wholesale (or its successor) in
either Queensland or South Australia or the Australian Capital
Territory or New South Wales.
These employees are covered by the Telstra Wholesale One
Employee Collective Agreement 2009-2012, the Telstra Wholesale
Three Employee Collective Agreement 2009-2012 or the Telstra
Wholesale Two Employee Collective Agreement 2009-2012.
3. An employee who works in Telstra Wireless (or its successor) in
either Queensland or Tasmania.
These employees are covered by the Telstra Wireless Two
Employee Collective Agreement 2009-2012.
4. An employee who works in Service Solutions (or its successor) in a
non customer facing role.
These employees are covered by the Service Advantage One
Employee Collective Agreement 2009-2012.
5. An employee who works in Information Technology (or its
successor) in Service Support.
These employees are covered by the Telstra Information
Technology Two Employee Collective Agreement 2009-2012.
6. An employee who works in the Chief Technology Office (or its
successor) in Emerging Network Technology and Architecture.
These employees are covered by the Telstra Chief Technology
Office One Employee Collective Agreement 2009-2012.
7. An employee who works in Telstra Business (or its successor) and
who satisfies one of the following:
These employees are covered by the Telstra Business One
Employee Collective Agreement 2009-2012.
8. An employee who works in Telstra Network & Technology (or its
successor) and who satisfies one of the following:
These employees are covered by the Telstra Network &
Technology One Employee Collective Agreement 2009-2012.
9. An employee who works in Finance & Administration (or its
successor) and who satisfies one of the following:
These employees are covered by the Telstra Finance and
Administration Two Employee Collective Agreement 2009-2012,
the Telstra Finance and Administration Three Employee Collective
Agreement 2009-2012, the Telstra Finance and Administration
Four Employee Collective Agreement 2009-2012, the Telstra
Finance and Administration Five Employee Collective Agreement
2009-2012 or the Telstra Finance and Administration Six Employee
Collective Agreement 2009-2012.
10. An employee who works in Telstra Consumer Marketing & Channels
(or its successor) and who satisfies one of the following:
These employees are covered by the Telstra Consumer Marketing
and Channels One Employee Collective Agreement 2009-2012 or
the Telstra Consumer Marketing and Channels Two Employee
Collective Agreement 2009-2012.
11. An employee who works in Service Delivery (All Regions) (or its
successor) and who satisfies one of the following:
These employees are covered by the Service Delivery One (All
Regions) Employee Collective Agreement 2008-2011.
SCHEDULE A TO TERMS AND CONDITIONS FOR CATEGORY 1 EMPLOYEES - COMPANY RATES
SCHEDULE B TO TERMS AND CONDITIONS FOR CATEGORY 1 EMPLOYEES - ALLOWANCES
1B. Wearing of breathing apparatus allowance
If an Employee is required to work in areas where asbestos is evident
they will wear respiratory protective equipment supplied by Telstra. The
respiratory equipment will conform, where relevant, to the Australian
Standard 1716 (Specification for Respiratory Devices). The Employee will
be paid a Breathing Apparatus Allowance at the rate of $1.41 for each
hour worked in such an area.
If an Employee is directed to perform, in addition to their other work,
work which consists of:
3B. Essential customer servicing
3B.1 Scheduling arrangements
3B.1.1 (a) In order to satisfy essential customer servicing
requirements, Telstra may schedule an Employee to be
available to respond to business needs outside ordinary
hours of work.
3B.1.2 Employee scheduling for the purposes of this clause will be based
on a weekly cycle as follows:
(a) On-Call:
(b) Emergent-Call:
(c) Immediate-Call:
3B.2 Payment for work
3B.2.1 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.
3B.2.2 No payment will be made to an Employee under this
clause where they have been appropriately scheduled but
they do not, or cannot, to the required degree of
readiness, respond to a call to duty. In addition to the
amount referred to in clause 3B.1 above, if an Employee
is required to:
3B.2.3 If an Employee is not scheduled in accordance with clause
3B.1 but they are contacted to perform duty at home
they will be paid at double time for the actual time
worked subject to a minimum payment of one hour.
3B.2.4 If an Employee is called upon to perform work at home,
which can be effectively performed at home, but the
Employee elects to perform the work at the worksite,
they will only be eligible for payment as if the work was
performed at home.
3B.2.5 If an Employee is ineligible for overtime or payment for
holiday work as described in clause 57 of this Agreement
they will not be eligible for payment under clause 3B.
If an Employee is required to carry out work on a tower, mast, guy-rope
and all telecommunications structures on the external faces of buildings
and parapets, at a height of at least 15 metres for a minimum of two
hours in any day, they will be paid a Height Allowance at the rate of
$6.24 for each such day.
First aid attendants may be nominated at the manager's discretion in
accordance with Telstra's Occupational Health & Safety Policy.
Nominated first aid attendants will be trained and certified to St John's
Ambulance Australia Senior First Aid standard or equivalent and paid an
allowance of $8.32 per week.
6B. Country Employees meal allowance
An Employee entitled to a Country Employees Meal Allowance will be
paid $12.04 per occurrence in accordance with the Relevant Award.
7B. Office renovations allowance
An Employee entitled to an Office Renovations Allowance will be paid
$2.90 per shift in accordance with the Relevant Award.
If an Employee is entitled to a Meal Allowance in accordance with clause
20 of the Telstra Corporation General Conditions Award 2001, that
allowance will be paid at the rate of $15.50.
SCHEDULE C TO TERMS AND CONDITIONS FOR CATEGORY 1 EMPLOYEES - LOG ON AND TRAVEL ARRANGEMENTS (CFW)
1C. Field-based Employees - travel to worksites
A field based Employee in the CFW may be supplied with a Telstra
vehicle to enable them to do their job. If an Employee is supplied with a
Telstra vehicle they will be required to sign a Commuter Use Approval
document concerning the vehicle's use, care and maintenance.
Note 1: If an Employee currently has a Telstra vehicle under the Part
Private Use Arrangement that existed before 1 March 1999, these
arrangements continue to apply. Part Private Use is not available to
other Employees.
Note 2: An extract of the Operational Vehicles Policy setting out the
business rules for Commuter Use Category Vehicle usage will be provided
to Fair Work Australia upon lodgement of this Agreement. An Employee
supplied with a Telstra vehicle is required to commence and cease work
at a customer's premises in accordance with this Schedule C.
2C. Start of day procedures - first job received on the day
These procedures apply where an Employee receives their first job of the
day by logging on to an automated dispatch terminal, where one is
provided, or by other means, eg. telephone/electronic. The procedures
in this clause do not apply to an Employee who receives their first job of
the day the previous evening.
Living within their work area:
3C. Start of day procedures - first job received the night before
These procedures apply where an Employee receives their first job of the
day by an automated dispatch terminal, where one is provided, or by
other means, eg. telephone/electronic, the night before the following
working day.
Living within their work area:
4C. Where an Employee lives outside their work area
Where an Employee lives outside their work area, time spent travelling
between their home and the boundary of the work area whether going to
or returning from work, will also be deemed as unpaid work in addition
to the unpaid 30 minutes travel time described in clauses 2C(c) and
3C(b) above.
5C. Where an Employee is required to travel to another work area
Where an Employee is required to start work in another work area, they
will not be required to travel in their own time for a period greater than
that described in clause 4C above.
Employees (covered by clauses 2C - 5C) will be expected to travel for
the same time period (unpaid) described above in order to return home
at the end of each day. Where travel will exceed this travel time the
Employee should contact their supervisor/Work Management Centre as
necessary due to local circumstances, to seek direction on whether they
should leave early or overtime should be worked.
7C. Transfer to another work area
In the case of permanent transfer to another work area, the appropriate
relocation policy, as varied from time to time, will apply.
During any industrial dispute involving Employees covered by this
Agreement, if so directed, an Employee must deliver his/her Telstraprovided
vehicle to a place nominated by Telstra, and provide the keys of
that vehicle to a person nominated by Telstra.
SCHEDULE D TO TERMS AND CONDITIONS FOR CATEGORY 1 EMPLOYEES - WORK AT SEA ARRANGEMENTS
Work at sea will mean any time where an Employee is required to do
work on a sea going vessel for a period of 24 hours continuous duty or
more. The work undertaken on board the sea going vessel is work in
connection with the surveying, installation and maintenance of
submarine telecommunications cable systems.
2D.1 An Employee will not be subject to the Relevant Award or this
Agreement's clauses concerning ordinary hours/overtime/public
holidays for any time worked at sea. Each day will be
considered a 12-hour day, regardless of the number of hours
worked in any one day. The Employee will be paid as follows:
(a) Monday to Friday
(b) Saturday
(c) Sunday
(d) Public holidays
(e) Elections
(a) An Employee will be required to work according to the
requirements of the work program.
4D. Work at sea disability allowance
To compensate for all disabilities associated with living and working on
a sea going vessel, an Employee will receive an allowance of $84 per
day for each day at sea. It is acknowledged that conditions at sea vary
from vessel to vessel and also due to different employment
arrangements that arise from time to time. This allowance is not
payable for time worked when the vessel is berthed. However, when
the vessel is berthed, then the Travelling Allowance provisions of the
Relevant Award will apply. This allowance will not be used for any
other purposes under this Agreement or other Relevant Award or
agreement provision, and will not attract any penalty or premium.
5D. All other award conditions for at sea work
The payments prescribed in this Agreement that are in excess of the
ordinary rates of pay will not be used for the calculation of any other
Relevant Award or Agreement entitlements.
6D. Length and frequency of tours at sea
6D.1 A tour length will be limited to six weeks, unless mutually
agreed in writing between an Employee and their manager.
6D.2 An Employee will not be sent to sea after a completed tour,
within a period of time equivalent to half the completed tour
unless mutually agreed in writing with their manager.
6D.3 Notwithstanding the above, an Employee will not be expected
to spend more than 85 days at sea in any 12 month period
unless mutually agreed in writing with their manager.
In tendering for work, Telstra will only use vessels that have been affirmed by the provider as both sea-worthy and suitable for the type of work to be performed, and will further stipulate minimum requirements for the accommodation and victualling for Telstra Employees.
(a) Telstra Corporation General Conditions Award 2001;
(b) Telstra/CPSU Award 2001;
(c) Telstra/APESMA Award 2001;
(d) Telstra/AMWU Award 2001;
(e) Telstra/CEPU Technical and Trades Staff (Salaries and
Specific Conditions of Employment) Award 2001;
(f) Telstra/CEPU Lines and General (Salaries and Specific
Conditions of Employment) Award 2001; and
(g) Telstra/CEPU Operators (Salaries and Specific
Conditions of Employment) Award 2001,
(together the Relevant Awards).
(1) has been employed by Telstra on a regular and
systematic basis for a sequence of periods of
employment during a period of at least 12 months; and
(2) has a reasonable expectation of continuing
employment by Telstra on a regular and systematic
basis;
(a) full time;
(b) part time;
(c) casual (Category 2 only); or
(d) for a fixed period or specific project.
(a) not exceed 36 3/4 hours per week or an average of 36 3/4
hours per week over a cycle of shifts for full time staff;
(b) be less than 36 3/4 hours per week or an average of less
than 36 3/4 hours per week over a cycle of shifts for part
time staff.
(a) the nature of the work and Telstra's operational
requirements;
(b) the Employee's personal circumstances including
family/carer responsibilities; and
(c) the amount of notice provided to the Employee.
(i) a spouse, de facto partner, child, parent,
grandparent, grandchild or sibling of the
Employee; or
(ii) a child, parent, grandparent, grandchild or sibling
of a spouse or de facto partner of the Employee.
(i) means a person who, although not legally married
to the Employee, lives with the Employee in a
relationship as a couple on a genuine domestic
basis (whether the Employee and the person are
of the same or different sexes); and
(ii) includes a former de facto partner of the
Employee.
(a) the Employee's Actual Salary (for Category 1 Employees); or
(b) the Employee's Fixed Remuneration (for Category 2 Employees).
(a) where Telstra is shutting down all or part of its business for a
period (such as over Christmas/New Year);
(b) where an Employee has accrued in excess of six weeks' annual
leave and the Employee will not be required to decrease their
annual leave balance below four weeks.
(c) where an Employee who is eligible for an extra week's leave under
clause 20.7 as a continuous shift worker has accrued in excess of
seven weeks' annual leave and the Employee will not be required
to decrease their annual leave balance below five weeks.
(a) due to personal illness or injury; or
(b) where an Employee is required to care for an immediate family or
household member who is sick.
(a) for absences after the first five days' paid personal/carer's leave
in the calendar year; or
(b) where a period of personal/carer's leave exceeds three
consecutive days; or
(c) where an Employee's supervisor requests medical or other
supporting evidence within a day of an Employee resuming work.
(a) an Employee's supervisor requests medical or other supporting
evidence; and
(b) an Employee has not sought medical evidence; and
(c) the absence is one of the first five days of paid personal/carer's
leave in the calendar year,
a statutory declaration will be satisfactory supporting evidence.
(i) sustained a personal injury that poses a serious
threat to that person's life; or
(ii) contracted or developed a personal illness that
poses a serious risk to that person's life; or
(a) the nature of the work and Telstra's operational requirements;
(b) the Employee's personal circumstances including family/carer
responsibilities; and
(c) the amount of notice provided to the Employee.
(a) salary packaging (including pre-tax superannuation
contributions); and
(b) employee benefits under the MyRewards program (or
successor).
(a) the days of the week during which Employees perform their
ordinary hours of work;
(b) the number of hours per day during which Employees perform
their ordinary hours of work; or
(c) Employees' span of hours.
(a) for the days of the week - Monday to Sunday;
(b) for the number of hours per day - between 6ó hours and 10
hours per day; and
(c) for the span of hours - 7.00am to 7.00pm.
(a) the agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of Telstra and the
Employee and is genuinely agreed to by Telstra and the
Employee.
(a) are about permitted matters under section 172 of the Fair Work
Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act
2009; and
(c) result in the Employee being better off overall than the Employee
would be if no agreement was made.
(a) the terms of the Agreement that will be varied by the flexibility
agreement;
(b) how the flexibility agreement will vary the effect of the terms of
the Agreement;
(c) how the Employee will be better off overall in relation to the terms
and conditions of his or her employment as a result of the
flexibility agreement; and
(d) the day on which the flexibility agreement commences.
(a) by giving 28 days written notice to the other party to the
flexibility agreement, or
(b) if Telstra and the Employee agree in writing - at any time.
(a) Telstra's performance management principles;
(b) performance pay arrangements (including the annual
remuneration review set out in clause 72); and
(c) other relevant matters in regards to Telstra's performance
principles.
(a) where redundancies occur, processes for separation are fair, and
based on respect for the individual;
(b) whilst recognising that long term job security cannot be
guaranteed, providing access to job opportunities for Employees
whose job is redundant within Telstra and in the industry
generally is the objective;
(c) Telstra retains the discretion in the selection of Employees for
redundancy and retrenchment.
(a) for operational, economic, technological, or structural reasons, the
requirement to carry out work of a particular kind has ceased or
has been significantly reduced and no other commensurate role is
available; or
(b) Telstra has determined that the function being undertaken by the
Employee will no longer be undertaken by Telstra or at that
location by Telstra.
(a) the proposed retrenchment and the reasons for it; and
(b) the time when the proposed retrenchment will be effected.
(a) obtain personal assistance from Telstra's Employee Assistance
Program;
(b) obtain an estimate of redundancy entitlements and
superannuation benefits;
(c) confer with their union or other appropriate representative;
(d) consider redeployment and other employment opportunities;
(e) consider and lodge an appeal under clause 46; and
(f) decide whether to be retrenched at the conclusion of the "cooling
off" period and be paid upon retrenchment:
(i) the payments outlined in clause 45;
(ii) a $4500 gross payment to conduct their own job
search program;
(iii) the equivalent of two weeks' pay; and
(iv) payment in lieu of notice (four weeks and an
additional week if required under the Fair Work
Act 2009).
(a) the payments outlined in clause 45; and
(b) a $4500 gross payment to conduct their own job search program;
and
(c) payment in lieu of notice (four weeks and an additional week if
required under the Fair Work Act 2009).
(a) the proposed retrenchment/s and the reasons for it/them;
(b) the number and categories of Employees likely to be affected; and
(c) the time/s when, or the period/s over which the proposed
retrenchment/s will be effected.
(a) obtain personal assistance from Telstra's Employee Assistance
Program;
(b) obtain an estimate of redundancy entitlements and
superannuation benefits;
(c) consider redeployment and other employment opportunities;
(d) confer with their union or other appropriate representative;
(e) consider and lodge an appeal under clause 46; and
(f) decide whether to be retrenched at the conclusion of the "cooling
off" period and be paid upon retrenchment:
(i) the payments outlined in clause 45;
(ii) a $4500 gross payment to conduct their own job
search program;
(iii) the equivalent of two weeks' pay; and
(iv) payment in lieu of notice (four weeks and an
additional week if required under the Fair Work
Act 2009).
(a) the payments outlined in clause 45; and
(b) a $4500 gross payment to conduct their own job search program;
and
(c) payment in lieu of notice (four weeks and an additional week if
required under the Fair Work Act 2009).
(a) the proposed retrenchment/s and the reasons for it/them;
(b) the number and categories of Employees likely to be affected; and
(c) the time/s when, or the period/s over which the proposed
retrenchment/s will be effected.
(a) obtain personal assistance from Telstra's Employee Assistance
Program;
(b) obtain an estimate of redundancy entitlements and
superannuation benefits;
(c) consider redeployment and other employment opportunities; and
(d) confer with their union or other appropriate representative.
(a) the payments outlined in clause 45; and
(b) a $4500 gross payment to conduct their own job search
program; and
(c) payment in lieu of notice (four weeks and an additional
week if required under the Fair Work Act 2009).
(a) the payments outlined in clause 45; and
(b) a $4500 gross payment to conduct their own job search program;
and
(c) payment in lieu of notice (four weeks and an additional week if
required under the Fair Work Act 2009).
(a) measures to avert the proposed retrenchment/s; and
(b) measures to mitigate the adverse effects of the proposed
retrenchments.
(a) to accept the redeployment job and be paid in accordance with
clauses 44.5 to 44.7; or
(b) decline the redeployment job and, if not accepted for another
suitable job, be retrenched and be paid the retrenchment benefits
set out in this Section of the Agreement.
(a) the Company Rate for the redeployment job; or
(b) if the redeployment job is in the same Workstream as the
Employee's redundant job and is classified either one or two
Bands lower than the Employee's redundant job, the Company
Rate for the Employee's redundant job.
(a) to accept the redeployment job and be paid the applicable Fixed
Remuneration for that job; or
(b) decline the redeployment job and, if not accepted for another
suitable job, be retrenched and be paid the retrenchment benefits
set out in this Section of the Agreement.
(a) the Employee's Actual Salary (for Category 1 Employees)
or Fixed Remuneration (for Category 2 Employees); and
(b) the Employee's continuous service as at the day the
Employee's employment ends. Only service with Telstra
(or service with another employer where Telstra has
expressly agreed to recognise continuity of service) will
count as continuous service for the purpose of calculating
retrenchment benefits under this clause.
(a) four weeks' pay for each completed year of continuous
service up to five years;
(b) three weeks' pay for each completed year of continuous
service thereafter, plus a pro-rata payment for each
completed month of continuous service since the last
completed year of continuous service;
(c) for Employees over 50 years of age, four weeks' pay for
each year of service beyond 50 years of age, including
pro-rata adjustment for each completed month of
continuous service since the last completed year of
continuous service; and
(d) the minimum sum payable under this clause will be four
weeks' salary and the maximum will be 80 weeks' salary.
(a) where an Employee has been acting in a higher position
for a continuous period of at least 12 months immediately
preceding the date on which the Employee receives notice
of retrenchment, the salary level will be the Employee's
Actual Salary (for Category 1 Employees) or Fixed
Remuneration (for Category 2 Employees) in such higher
position at that date;
(b) where an Employee has, during 50% or more of pay
periods in 12 months immediately preceding the date on
which the Employee receives notice of retrenchment been
paid an allowance for shift work, the weekly average
(calculated over a year) amount of shift allowance
received during the 12 month period will be counted as
part of the Employee's Actual Salary (for Category 1
Employees) or Fixed Remuneration (for Category 2
Employees);
(c) other allowances, being allowances in the nature of
salary, may be included with the approval of Telstra.
(a) salary and superannuation payments up to the date of
the Employee's cessation of employment (ie. amounts
owing since the Employee's last pay);
(b) accrued but untaken annual leave;
(c) an amount equivalent to pro-rata long service leave after
one year's continuous service; and
(d) counselling and advisory services through the Employee
Assistance Program in accordance with Telstra Policy.
(a) uphold the assessment, ranking and/or selection for
retrenchment; or
(b) 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
their decision in accordance with any
recommendations made.
(a) retrenchment entitlements equivalent to 10 days' Actual
Salary (for Category 1 Employees) or Fixed Remuneration
(for Category 2 Employees); or
(b) retrenchment entitlements equivalent to the Employee's
Actual Salary (for Category 1 Employees) or Fixed
Remuneration (for Category 2 Employees) payable for the
period of the appeal.
Exceeds Expectations Significantly Exceeds
(EE) Expectations (SE)
Performance Year 1
1 July 2009 - 30
June 2010 1.5% 2.5%
Performance Year 2
1 July 2010 - 30
June 2011 1.5% 2.5%
49.2 Calculation of the Performance Bonus will occur:
(a) for Performance Year 1, by applying the relevant
percentage in the table above to the Employee's
Company Rate under this Agreement immediately prior to
Increase Date 1;
(b) for Performance Year 2, by applying the relevant
percentage in the table above to the Employee's
Company Rate under this Agreement immediately prior to
Increase Date 3.
the number of weeks of annual leave for which the Employee is
entitled in that calendar year.
(a) outside the span of ordinary hours or outside the
regularly scheduled full time equivalent ordinary hours -
150% for the first three hours and 200% thereafter;
(b) on a Sunday - 200% for all time worked;
(c) on a public holiday - 250% for all time worked; and
(d) on a Saturday, for a shift worker - 200% for all time
worked.
(a) clauses 55, 56 and 61 (Overtime); and
(b) clause 3B of Schedule B to Terms and Conditions for
Category 1 Employees (Essential customer servicing); or
(c) additional payments relating to rostered work on public
holidays or excess travelling time contained in the Telstra
Corporation General Conditions Award 2001.
(a) payments prescribed in clauses 55, 56, 61 (Overtime) or
3B of Schedule B to Terms and Conditions for Category 1
Employees (Essential customer servicing); or
(b) additional payments relating to rostered work on public
holidays or excess travelling time contained in the Telstra
Corporation General Conditions Award 2001.
(a) an Employee is scheduled and agrees to perform noncontinuous
overtime worked from home; and
(b) the work scheduled can be performed from home.
(a) Employees are entitled to two 15 minute and three 10 minute rest
breaks each shift, with a maximum work period between rest
breaks of 70 minutes.
(b) Up to five rest breaks per week (maximum one each day) may be
used for management or training purposes, provided that this
does not require Employees to undertake keyboard activities.
(c) A rest break commences when an Employee unplugs and
concludes when an Employee plugs in again.
(a) Employees are entitled to one 10 minute rest break every two
hours, with no more than two rest breaks (excluding meal breaks)
each ordinary shift; and
(b) rest breaks may be staggered for business reasons during
inbound marketing campaigns.
(a) an external consultant expert in Telstra's Job Evaluation
and Classification System;
(b) a Telstra representative; and
(c) the Employee or a nominee representative of the
Employee/s (which may be the union).
(a) to a job in another Workstream or Band under this Agreement,
they will be paid the Company Rate for the new job; or
(b) to a job in another part of Telstra not covered by this Agreement,
they will cease to be covered by this Agreement and be paid the
appropriate rate of pay under the applicable terms and conditions
for that job.
(a) the Grandfathered Employee's Actual Salary will not be
reduced;
(b) they will be paid the Company Rate for the new job; and
(c) to ensure that their Actual Salary is retained any
Grandfathered Allowance that they previously received
will automatically adjust (up or down).
(a) the Grandfathered Employee's Actual Salary will not be
reduced;
(b) they will be paid the appropriate rate of pay under the
applicable terms and conditions for that job; and
(c) to ensure that their Actual Salary is retained, any
Grandfathered Allowance that they previously received
will automatically adjust (up or down).
(a) if the Employee's Actual Salary for their old job is less than the
Company Rate for their new job, they will be paid the Company
Rate for the new job; or
(b) if the Employee's Actual Salary for their old job is greater than the
Company Rate for their new job, they will be paid the Company
Rate for the new job plus a Grandfathered Allowance equal to the
difference between their old Actual Salary and the Company Rate
for the new job. An Employee's Grandfathered Allowance will
replace any Grandfathered Allowance that they may have
previously received (as part of the Employee's Actual Salary) for
their old job.
Field Based: Those Employees not operating
predominantly from a Telstra Office Based
Location ie. frequent on location client visits.
Office Based: Those Employees operating
predominantly from a Telstra Office Based
Location.
(a) Fixed Remuneration; and
(b) Variable Remuneration (if applicable).
Job Family
Band Customer Customer Professional Corporate Sales Sales
Support Support Technical Support Office Field
(Technical) (Non- Services Services based based
Technical)
2 $83,850 $80,560 $85,050 $83,580 $65,000 $69,700
3i $73,030 $62,570 $74,590 $67,530 $58,200 $58,200
3ii $52,020 $47,070 $51,010 $48,900 $41,300 $41,300
4i $44,040 $38,300 N/A $39,090 $37,850 N/A
4ii $35,050 $35,050 N/A $35,050 N/A N/A
(a) report to the worksite or a customer's premises - they
will be paid at the relevant overtime rate for actual
hours worked (including travel time); and
(b) perform work at home - they will be paid at the
relevant overtime rate for the actual hours worked.
(a) is in the Customer Support (Technical) Job Family in an
Individual Contributor Role; or
(b) is in the Professional Technical Services Job Family in
an Individual Contributor Role with Fixed Remuneration
of $84,152 or less.
(a) to another job under this Agreement, they will be paid the
appropriate Fixed Remuneration for the new job; or
(b) to a job in another part of Telstra not covered by this
Agreement, they will cease to be covered by this Agreement
and be paid the appropriate rate of pay under the applicable
terms and conditions for that job.
Section R: Casual work
(a) Section B (Hours of work);
(b) Section C (Leave entitlements);
(c) Section D (Salary packaging);
(d) Section I (Redundancy arrangements);
(e) Section J (Retrenchment appeals);
(f) Section Q (Job movement); and
(g) clause 75 (Additional payments (shift work, overtime
and on-call)).
(a) 150% for the first three hours and 200% thereafter for
work:
(i) beyond 36ó hours in a week;
(ii) overtime outside 7.00am to 7.00pm; or
(iii) exceeding by four hours the Employee's
rostered average weekly hours, or
(b) for shift workers, an additional 15% for ordinary shift
work hours between 7.00pm to 7.00am.
(a) at an overtime rate in accordance with clause 83.6(a),
the casual loading will not apply and is not payable;
and
(b) at a shift rate in accordance with clause 83.6(b), the
casual loading will be payable in addition to the shift
payment.
Sign here
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explanation
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to sign
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Position and
explanation
of authority
to sign
Address
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Position and
explanation
of authority
to sign
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Representative Date
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explanation
of authority
to sign
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2. Service Delivery (Contractor Performance Group) Employee Collective
Agreement 2008-2011
3. Telstra National Delivery Solutions (Contact Centres) Employee
Collective Agreement 2008-2011
4. Telstra National Delivery Solutions (Support Groups) Employee
Collective Agreement 2008-2011
5. Telstra National Delivery Solutions (Data Services) Employee Collective
Agreement 2008-2011
6. Telstra National Delivery Solutions (Workflow Operations) Employee
Collective Agreement 2008-2011
7. BigPond Bathurst Centre Employee Collective Agreement 2008-2011
8. OneAdelaide Centre Employee Collective Agreement 2008-2011
9. Voice Solutions Employee Collective Agreement 2008-2011
10. Southern Unity Centre Employee Collective Agreement 2008-2011
11. Impact Centre Employee Collective Agreement 2008-2011
12. Zephyr Centre Employee Collective Agreement 2008-2011
13. Business and Commercial Solutions (Contracts, Process Solutions and
Strategic Products) Employee Collective Agreement 2008-2011
14. Telstra Product Management Employee Collective Agreement 2008-
2011
15. Telstra Retail Central Operations Employee Collective Agreement 2008-
2011
16. Telstra Network Services One Employee Collective Agreement 2009-
2012
17. Telstra Procurement Employee Collective Agreement 2009-2012
18. Telstra Fundamental Planning (Network Standards & Facilities Planning
and Modelling) Employee Collective Agreement 2009-2012
19. Telstra Professional Services and Support Employee Collective
Agreement 2009-2012
20. Telstra Media Employee Collective Agreement 2009-2012
21. Telstra Enterprise and Government Two Employee Collective
Agreement 2009-2012
22. Telstra Enterprise and Government One Employee Collective
Agreement 2009-2012
23. Supremacy Centre Employee Collective Agreement 2009-2012
24. C42 Hobart Centre Employee Collective Agreement 2009-2012
25. Bigpond Online Centre Employee Collective Agreement 2009-2012
26. Telstra Consumer Marketing & Channels (Customer Solutions
Management) Employee Collective Agreement 2009-2012
27. Telstra Service Advantage (Queue Centric - South Australia/Western
Australia) Employee Collective Agreement 2009-2012
28. Telstra Business Contact Centre Queensland Employee Collective
Agreement 2009-2012
29. Telstra Business Contact Centre Victoria Employee Collective
Agreement 2009-2012
30. Telstra Enterprise and Government (Customer Care) Employee
Collective Agreement 2009-2012
31. Telstra Consumer Marketing & Channels (Learning & Development)
Employee Collective Agreement 2009-2012
32. Network Construction (Access Network Design - Queensland) Employee
Collective Agreement 2009-2012
33. Telstra Network Enterprise Services (Next Generation Operations -
Australian Capital Territory) Employee Collective Agreement 2009-
2012
34. Service Delivery (Southern Region - Victoria West) Employee Collective
Agreement 2009-2012
35. Telstra Country Wide Employee Collective Agreement 2008-2011
36. Telstra Network Engineering (Service Delivery and Applications)
Employee Collective Agreement 2009-2012
a) the employee is a people manager (that is, has one or more
direct reports);
b) the employee works in Business Improvement (or its
successor);
c) the employee works in Business and Services Operations (or
its successor);
d) the employee performs an administration or business
operations role (which includes Business Support, Business
Operations Manager, Business Operations Specialist,
Operations Lead).
a) the employee works in Category Marketing;
b) the employee works in MBM Segments;
c) the employee works in Planning Sales & Marketing
Operations;
d) the employee works in Partner Sales & Performance
Management;
e) the employee works in ICT Sales and Channel Readiness;
f) the employee works in Indirect Sales ED & Support;
g) the employee works in the Office of the Group Managing
Director;
h) the employee works in Contact Centre Operations (excluding
employees performing contact centre work in a contact
centre).
a) the employee is a people manager (that is, has one or more
direct reports);
b) the employee works in Business Operations (or its
successor);
c) the employee works in Emerging Enterprise Solutions (or its
successor).
a) the employee works in Payroll Services;
b) the employee works in General Administration;
c) the employee works in Internal Telcommunications Services
Victoria;
d) the employee works in Corporate Security & Investigations;
e) the employee works in Risk Management and Assurance;
f) the employee works in Investor Relations;
g) the employee works in Treasury;
h) the employee works in Taxation;
i) the employee works in Finance Support;
j) the employee works in the Office of the Company Secretary;
k) the employee works in Reporting and Forecasting;
l) the employee works in Management Reporting & Analysis;
m) the employee works in Profitability Management &
Methodologies;
n) the employee works in one of the Group Financial Controller
of Business Unit Finance Teams.
a) the employee works in Relationship Marketing (or its
successor);
b) the employee works in Business Performance (or its
successor);
c) the employee works in Category Marketing & Operations (or
its successor);
d) the employee works in Segment Marketing (or its successor);
e) the employee works in Operations Support to the Group
Managing Director of Telstra Consumer Marketing & Channels
(or its successor);
f) the employee works in Customer Sales and Service
(excluding Emergency Services Answer Point, Disability
Enquiry Hotline, Customer Relations and employees
performing contact centre work in a contact centre).
a) the employee is a people manager (that is, has one or more
direct reports);
b) the employee works in a support role.
Commencement Increase Increase Increase Increase
Date Date 1 Date 2 Date 3 Date 4
Workstream
Classification 2% 2% 2% 2%
CSSW
Band 1 $37,838 $38,595 $39,367 $40,154 $40,957
Band 2 $39,730 $40,525 $41,335 $42,162 $43,005
Band 3 $42,252 $43,098 $43,959 $44,839 $45,735
Band 4 $43,512 $44,382 $45,270 $46,175 $47,099
Band 5 $45,405 $46,313 $47,240 $48,184 $49,148
Band 6 $55,496 $56,606 $57,738 $58,893 $60,071
Band 7 $60,541 $61,752 $62,987 $64,247 $65,532
Band 8 $65,586 $66,898 $68,236 $69,600 $70,992
SW
Band 1 $38,696 $39,470 $40,259 $41,064 $41,886
Band 2 $41,788 $42,624 $43,477 $44,346 $45,233
Band 3 $43,373 $44,241 $45,126 $46,028 $46,949
Band 4 $45,254 $46,159 $47,083 $48,024 $48,985
Band 5 $49,313 $50,299 $51,305 $52,331 $53,378
Band 6 $54,414 $55,502 $56,612 $57,745 $58,899
Band 7 $59,682 $60,876 $62,093 $63,335 $64,602
Band 8 $66,415 $67,744 $69,098 $70,480 $71,890
Band 9 $72,999 $74,459 $75,949 $77,468 $79,017
Band 10 $84,667 $86,360 $88,088 $89,849 $91,646
Band 11 $89,197 $90,981 $92,801 $94,657 $96,550
TW
Band 1 $37,890 $38,648 $39,421 $40,209 $41,013
Band 2 $45,683 $46,596 $47,528 $48,479 $49,448
Band 3 $49,050 $50,031 $51,031 $52,052 $53,093
Band 4 $53,572 $54,644 $55,737 $56,852 $57,989
Band 5 $60,669 $61,882 $63,120 $64,382 $65,670
Band 6 $63,350 $64,617 $65,910 $67,228 $68,572
Band 7 $66,094 $67,416 $68,764 $70,139 $71,542
Band 8 $73,053 $74,514 $76,005 $77,525 $79,075
Band 9 $82,139 $83,781 $85,457 $87,166 $88,909
Band 10 $88,126 $89,888 $91,686 $93,520 $95,390
TPW
Band 8 $73,053 $74,514 $76,005 $77,525 $79,075
Band 9 $82,139 $83,781 $85,457 $87,166 $88,909
Band 10 $98,378 $100,346 $102,352 $104,399 $106,487
Band 11 $103,424 $105,492 $107,602 $109,754 $111,949
Band 12 $104,810 $106,906 $109,044 $111,225 $113,450
CFW
Band 1 $37,890 $38,648 $39,421 $40,209 $41,013
Band 2 $45,683 $46,596 $47,528 $48,479 $49,448
Band 3 $49,050 $50,031 $51,031 $52,052 $53,093
Band 4 $53,572 $54,644 $55,737 $56,852 $57,989
Band 5 $60,669 $61,882 $63,120 $64,382 $65,670
Band 6 $63,350 $64,617 $65,910 $67,228 $68,572
Band 7 $66,094 $67,416 $68,764 $70,139 $71,542
Band 8 $73,053 $74,514 $76,005 $77,525 $79,075
Band 9 $78,897 $80,475 $82,084 $83,726 $85,401
Band 10 $83,488 $85,158 $86,861 $88,598 $90,370
(a) translating speech or written material from one language to
another; or
(b) communicating information to a disabled person by means of
signs, and translating signs made by a disabled person,
they will be paid, while the direction remains in force, a Linguistic
Allowance of $620 per annum.
(b) In any scheduling arrangement, Telstra will have regard
to an Employee's ability to be at, or to remotely access,
the worksite within a timeframe, which meets its
particular business needs.
(c) The scheduling of an Employee for the purposes of this
clause is the responsibility of the manger. Eligibility for
this allowance is based upon the Employee's manager
expressly scheduling them 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.
An Employee is required to remain contactable and
available within a reasonable time to return to work.
Payment will be $8.75 per night and $20.20 per day and
night.
An Employee is required to be available and ready to
return to work within 30 minutes. Payment will be $17.50
per night and $40.25 per day and night.
An Employee is required to remain at home and be ready
for immediate recall to work. Payment will be $7.40 per
hour.
(a) report to the worksite or a customer's premises -
they will be paid at the relevant overtime rate for
actual hours worked (including travel time)
subject to the minimum payment provisions
contained in clause 11 - Overtime, Minimum
Payment of the Telstra Corporation General
Conditions Award 2001; or
(b) perform work at home - they will be paid at the
relevant overtime rate for the actual hours
worked subject to a minimum payment of one
hour.
(a) Where an Employee lives within their work area they are
required to commence to log on no later than 30 minutes
before their "on site" start time.
(b) After logging on and receiving their first job they will
commence travel to their first job. They will travel
without unnecessary delay. Where it takes 30 minutes or
less for the Employee to log on and travel to their first
job, they are required to be on site at their start time.
(c) The 30 minutes log on and travel time described above
does not constitute paid work.
(d) "Work area" means the geographical area in which an
Employee is normally expected to work. The
geographical work area is determined by the volume of
work undertaken by a team member under a team
leader. This work area can be described by a number of
telephone exchanges. Employees are allocated to a work
area and these work areas will be the points of reference
to calculate any arrangements contemplated in clause 7C.
(a) Where the Employee lives within their work area they are
required to travel up to 30 minutes in their own time in
order to get on site to commence their first job at their
start time.
(b) The 30 minutes travel time described above does not
constitute paid work.
(c) Where travel to the first job will exceed 30 minutes the
Employee should make arrangements with their
supervisor/manager to either:
(d) "Work area" means the geographical area in which an
Employee is normally expected to work. The
geographical work area is determined by the volume of
work undertaken by a team member under a team
leader. This work area can be described by a number of
telephone exchanges. Employees are allocated to a work
area and these work areas will be the points of reference
to calculate any arrangements contemplated in clause 7C.
An amount equivalent to seven hours 21 minutes per
day at the ordinary rate prescribed by the Agreement
plus:
(i) 150% for an additional three hours; and
(ii) 200% for an additional one hour and 39
minutes.
If an Employee works on a Saturday - an additional
100%.
If an Employee works on a Sunday - one of the
following applies:
(i) 12 hours' pay at 200% and a paid day (seven
hours 21 minutes) off in lieu. Any day off in lieu
will be such a day agreed between the
Employee and their manager; or
(ii) the equivalent of 12 hours' pay at 200% and
the payment of an amount equivalent to one
day's ordinary pay (seven hours 21 minutes).
If an Employee is required to work on a public holiday
they may choose one of the following:
(i) 12 hours' pay at 250% and a paid day (seven
hours 21 minutes) off in lieu. Any day off in lieu
will be such a day agreed between the Employee
and their manager; or
(ii) the equivalent of 12 hours' pay at 250% and the
payment of an amount equivalent to one day's
ordinary pay (seven hours 21 minutes). Public
holidays for the purposes of this clause will be
those that apply to the Employee's usual place of
work.
An Employee may choose the payment option (in 2D(c)
and (d)) on the day after completing a tour of work at
sea. Any time off in lieu will be taken within a period
not longer than three months after the time of
returning home form the relevant tour of work at sea.
In the event that the Employee has not been able to
take off all the time in lieu then the outstanding time in
lieu will be paid to the Employee.
(b) There will be no set hours of work.
(c) An Employee will discuss with their manager and agree on an
Operations Work Plan on the type of work and the hours of
work for each assignment, having regard to such factors as:
(i) contractual requirements;
(ii) quality service and professional work practices;
(iii) the requirements of the works program; and
(iv) occupational health and safety.
(d) An Employee will not be required to work excessive amounts of
time such that it jeopardises their health and safety.
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