This Agreement will be known as the nbn Enterprise Agreement 2022 - 2025.
2. Scope and Application of the Agreement
2.1 This Agreement is made under the Fair Work Act 2009 (Cth) and those bound by this
Agreement are:
(a) nbn;
(b) all persons who are employed by nbn to perform work or roles consistent with the classification
structures outlined in Schedules A, B & C
(c) the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia; and
(d) the Community and Public Sector Union
3. Definitions and Interpretation
3.1 In this Agreement, unless the context indicates a contrary intention:
Act means the Fair Work Act 2009 (Cth) and associated regulations Agreement means this agreement known as the nbn Enterprise Agreement 2022 - 2025
Award meansthe Telecommunications Services Award 2020
CEPU means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Commission means the Fair Work Commission
CPSU means the Community and Public Sector Union
Date of Operation has the meaning given in clause 5.1 of this Agreement
Employee means an employee of nbn to whom this Agreement applies
NES means the National Employment Standards as set out in the Act
nbn means nbn co limited ABN 86 136 533 741 ACN 136 533 741
Shiftworker For the purposes of the provisions of the NES which deal with annual leave, a shiftworker is an afternoon or night shiftworker who is rostered to regularly work ordinary hours of work on Sundays and Public holidays
3.2 Where this Agreement refers to a condition of employment provided for in the NES, the NES definitions in the Act will apply.
3.3 Unless the context indicates a contrary intention "includes" in any form is not any word of limitation.
3.4 The Telecommunications Services Award 2020 is the relevant modern award for the purpose of the better off overall test that is applied by the Commission in approving this Agreement.
4.1 To set the terms and conditions of employment for nbn Employees covered by the scope of this Agreement.
5.1 This Agreement will come into operation from the seventh day after approval under the Act by the Commission or 24 April 2022, whichever occurs later. The nominal expiry date of this Agreement is 24 April 2025.
5.2 This Agreement will remain in operation unless varied, terminated or replaced by a new enterprise agreement in accordance with the Act.
5.3 Subject to the provisions of the Act, nbn will commence discussions on a new enterprise agreement four months before the Agreement is due to expire.
6. Access to Agreement and NES
6.1 The NES and this Agreement contain the minimum conditions of employment for employees covered by this Agreement. This Agreement may provide for conditions in excess of (but not below) the NES.
6.2 Employees covered by this Agreement may also have access to the benefit of nbn policy (as changed from time to time) where that policy provides a benefit in excess of the NES or this Agreement. nbn policies do not form part of this Agreement and may be introduced, amended, replaced or rescinded by nbn in its absolute discretion at any time.
6.3 nbn will ensure that copies of this Agreement and the NES are available to all Employees to whom they apply through electronic means.
7.1 nbn and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) the agreement deals with 1 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 nbn and the Employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by nbn and the Employee.
7.2 nbn must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Act; and
(b) are not unlawful terms under section 194 of the Act; and
(c) result in the employee being better off overall than the Employee would be if no
arrangement was made.
7.3 nbn must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of nbn and Employee; and
(c) is signed by nbn and the Employee and if the Employee is under 18 years of age, signed
by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) 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 arrangement; and
(e) states the day on which the arrangement commences.
7.4 nbn must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 nbn or the Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if nbn and the Employee agree in writing--at any time.
8. Consultation Term Regarding Major Workplace Change
8.1 This term applies if nbn:
(a) has made a definite decision to introduce a major change to production, program,
organisation, structure or technology in relation to its enterprise that is likely to have a
significant effect on the Employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work of
Employees.
Major change
8.2 For a major change referred to in paragraph 8.1(a):
8.3 The relevant Employees may appoint a representative for the purposes of the procedures in
this term.
8.4 If:
8.5 As soon as practicable after making its decision, nbn must:
8.6 However, nbn is not required to disclose confidential or commercially sensitive information to
the relevant Employees.
8.7 nbn must give prompt and genuine consideration to matters raised about the major change by
the relevant Employees.
8.8 If a term in this Agreement provides for a major change to production, program, organisation,
structure or technology in relation to the enterprise of nbn, the requirements set out in
paragraph 8.2(a) and subclauses 8.3 and 8.5 are taken not to apply.
8.9 In this term, a major change is likely to have a significant effect on Employees if it results in:
Change to regular roster or ordinary hours of work
8.10 For a change referred to in paragraph 8.1(b):
8.11 The relevant Employees may appoint a representative for the purposes of the procedures in
this term.
8.12 If:
8.13 As soon as practicable after proposing to introduce the change, nbn must:
(c) invite the relevant Employees to give their views about the impact of the change
(including any impact in relation to their family or caring responsibilities).
8.14 However, nbn is not required to disclose confidential or commercially sensitive information to
the relevant Employees.
8.15 nbn must give prompt and genuine consideration to matters raised about the change by the
relevant Employees.
8.16 In this term:
"relevant Employees" means the employees who may be affected by a change referred to in
subclause (8.1).
9.1 If a dispute relates to:
9.2 At any stage through dispute resolution process an Employee who is a party to the dispute
may appoint a representative, including a union, for the purposes of the procedures in this
term.
9.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace
level, by discussions between the Employee or Employees and relevant supervisors and/or
management.
9.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may
refer the matter to the Commission.
9.5 The Commission may deal with the dispute in 2 stages:
9.6 A decision that the Commission makes when arbitrating a dispute is a decision for the purpose
of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.
9.7 While the parties are trying to resolve the dispute using the procedures in this term:
9.8 The parties to the dispute agree to be bound by a decision made by the Commission in
accordance with this term.
Employees may be engaged on a full-time, part-time, casual or limited tenure basis. All
Employees will go through an nbn induction program to be deemed appropriate by nbn for the
work the Employee is performing.
10.1 Full-time employment
A full time Employee is an Employee not specifically engaged as part-time or casual. A full
time Employee's ordinary hours will be an average of 38 hours per week in accordance with
clause 17 - Hours of Work.
10.2 Part-time employment
(a) An Employee may be engaged to work on a part-time basis involving a regular pattern of
hours which will average less than 38 hours per week. An Employee so engaged will be
paid per hour 1/38th of the weekly rate prescribed in Schedule A, B or C of this
Agreement for the work performed.
(d) Public holidays
Where the part-time Employee's normal paid hours fall on a public holiday prescribed by
this Agreement and work is not performed by the Employee, such an Employee will not
lose pay for the day. Where a part time Employee works on the public holiday, they will
be paid in accordance with clause 26 - Public Holidays of this Agreement.
10.3 Casual employment
(a) nbn may engage Employees on a casual basis in which case employment may be
terminated by an hour's notice given either by nbn or the Employee, or by the payment
or forfeiture of an hour's pay as the case may be.
(b) A casual Employee is one engaged and paid as such, and for working ordinary time will
be paid per hour 1/38th of the weekly wage prescribed by this Agreement for the work
which the Employee performs, plus 25% casual loading.
(c) The casual loading described in clause 10.3(b) is paid on the Employees base rate of pay
for all ordinary hours. The casual loading is not paid when an Employee works on a
Public Holiday - the public holiday penalty rate under clause 26.4 applies to the
ordinary hourly rate. However, where a casual employee works overtime, the casual
loading will be applied to the ordinary hourly rate before the applicable overtime rates
are to be applied.
(d) Subject to the evidentiary and notice requirements in clause 21.3 or 21.4, casual
Employees are entitled to not be available to attend work, or to leave work:
(e) Unless otherwise provided in the Agreement or NES the provisions of clauses 11
Termination of Employment, 12 Redundancy, 20 Annual Leave, 21 Personal/Carers Leave
and Compassionate Leave, 22 Community Service Leave and 24 Parental Leave do not
apply to casual Employees.
10.4 Casual conversion to full time or part time employment
Offers and requests for conversion from casual employment to full-time or part-time
employment are provided for in the NES.
10.5 Limited tenure employment
(a) An Employee may be engaged on a full time or part time basis for a specific period of
time or for specific task(s).
(b) The details of the specific period of time or specific task(s) shall be set out in writing and
retained by nbn and a copy will be provided to the Employee.
(c) An Employee engaged in accordance with 10.5(a) is for all purposes of the Agreement a
full-time or part-time Employee, except where otherwise specified in this Agreement.
(d) In general, the period of continuous employment for a limited tenure engagement will
not be greater than 2 years in length, unless it is reasonable to do so.
(e) Service under a contract of employment for a specific period of time or specific task(s)
will form part of an Employee's period of continuous service, where such Employee is
engaged as a full-time or part-time Employee immediately following such contract of
employment.
11.1 Probation Period
(a) Employees excluding casual Employees will be subject to a 6 month Probation Period,
commencing from the day the Employee commences work.
11.2 Notice of termination by nbn
All Employees, except employees serving in their Probation Period and casual employees, are
entitled to four weeks' notice of termination by nbn. Employees over 45 years old who have
completed at least two years service when they receive notice are given an additional week
of notice.
nbn may, at its full discretion, elect to pay in lieu of notice or part thereof. In circumstances
of serious misconduct, nbn reserves the right to terminating employment without notice.
11.3 Notice of termination by an Employee
The notice of termination required to be given by an Employee is the same as that required of
nbn. If an Employee fails to give the required notice, nbn may withhold any monies due to the
Employee on termination under this Agreement or the NES, provided that the Employee is at
least 18 years of age, an amount not exceeding the amount the Employee would have been
paid under this Agreement in respect of the period of notice required by this clause less any
period of notice actually given by the Employee. nbn may, at its discretion, require an
Employee not to attend work during part or all of the period of notice.
11.4 Job search entitlement
Where nbn has given notice of termination to an Employee, and where the notice is not paid
fully or partly in lieu by nbn, an Employee will be allowed up to one day's time off during the
notice period without loss of pay for the purpose of seeking other employment. The time off is
to be taken at times that are convenient to the Employee after approval from nbn.
12.1 An Employee, other than a casual and limited tenure Employee is entitled to be paid
redundancy pay by nbn if the Employee's employment is terminated:
12.2 The amount of redundancy pay equals the total amount payable to the Employee for
redundancy pay period worked out using the table below:
12.3 Transfer to lower paid duties
Where an Employee agrees to be transferred to lower paid duties by reason of redundancy,
the same period of notice must be given as the Employee would have been entitled to if the
employment had been terminated. nbn may also, at nbn's option, instead make payment of an
amount equal to the difference between the former ordinary time rate of pay and the ordinary
time rate of pay for the number of weeks of notice still owing.
12.4 Employee leaving during notice period
An Employee given notice of termination in circumstances of redundancy may terminate their
employment during the period of notice. The Employee is entitled to receive the benefits and
payments they would have received under this clause had they remained in employment until
the expiry of the notice, but is not entitled to payment instead of notice.
12.5 Job search entitlement
(a) An Employee given notice of termination in circumstances of redundancy must be
allowed up to one day's time off without loss of pay during each week of notice for the
purpose of seeking other employment.
12.6 Transmission
The provisions of clause 12 of this Agreement are not applicable where a business is
transmitted from nbn (in this subclause called the transmittor) to another employer (in this
subclause called the transmittee), in any of the following circumstances:
In circumstances where a business is transmitted from the transmitter to the transmittee and
an Employee becomes employed by the transmittee all redundancy provisions under this
Agreement will be preserved as at the date of the Employee's transmission of employment.
12.7 Suitable Alternative Employment
(a) nbn, in a particular redundancy case, may make application to the Commission to have
the general severance pay prescription varied if the nbn obtains acceptable alternative
employment for an Employee.
13.1 Classification bands and base rates of pay for Employees are set out in Schedule A, B & C
to this Agreement. During the first 6 months of the operation of this Agreement, nbn
commits to a review of the classification bands set out in Schedule A, B & C. This review
will be done in consultation with employees and the parties to this Agreement.
In conducting the review, nbn will align Customer Field Technicians to one of three tiers
which they may progressively advance through.
13.2 Annualised pay arrangements
(a) nbn may pay an Employee classified in Band 4 in Schedule A & C and Band 5 in
Schedule B of this Agreement an annual allowance in addition to the Employee's
annual base rate of pay. Where an annual allowance is paid to employees outlined in
this clause, it will be in circumstances where it is agreed between nbn and an Employee
that the Agreement provisions relating to allowances, hours of work, start and finish
times, overtime and public holidays shall not apply because they have been
compensated by the annual allowance. The annual allowance will be calculated by nbn
to ensure that the Employee is no worse off in monetary terms than had the relevant
Agreement terms been applied.
14.1 Allowances - Not for all purposes
The allowances in this clause do not apply for all purposes of the Agreement unless specifically
stated.
For the avoidance of doubt, the allowances specified in clauses 14.1(b) and 14.1(d) below are
inclusive of the 3 % increase set out at (i) above.
(a) Vehicle allowance
An Employee who is required by nbn on a casual basis to use the Employee's motor
vehicle to carry out nbn's business will be paid an allowance of $0.80 per kilometre.
Where required, the vehicle allowance will be increased on and from the first full pay
period on or after 1 July 2022, 1 July 2023 and 1 July 2024 to the amount of the most
recent Australian Taxation Office annual adjustment applicable at the time.
(b) First aid allowance
An Employee who has been trained to render first aid and who is the current holder of
appropriate first aid qualifications such as a certificate from the St John Ambulance or
similar body must be paid a weekly allowance of $17.99 if they are appointed in writing
by nbn to perform first aid duties.
(c) Telephone allowance
Where nbn requires an Employee in writing to have a phone for work purposes the cost
of the phone and business calls will be met by nbn in accordance with nbn policy and
procedure as amended from time to time. Reasonable personal calls may be met by nbn
in accordance with nbn's policies and procedures as amended from time to time.
(d) Meal allowance
An Employee is entitled to a meal allowance of $20.67 on each occasion that the
Employee is entitled to a rest break in accordance with clause 18.3, except in the
following circumstances, if the Employee:
If the Employee has provided a meal or meals on the basis that they have been given
notice to work overtime and the Employee is not required to work overtime or is
required to do less than the amount advised, they will be paid the prescribed meal
allowance for the meal or meals.
(e) Transfers, travelling and working away from usual place of work
(i) Distant work/travelling time payment
All reasonable out of pocket expenses incurred in connection with nbn's business
authorised by nbn and properly paid by the Employee will be reimbursed by nbn
in the next full pay period. Provided that nbn may apply an allowance consistent
with the ATO prescribed allowances in lieu of reimbursing reasonable expenses as
provided for in clause 14.1(e).
(ii) Payment for travelling
(iii) Expenses
Expenses for the purposes of clause 14.1(e)(i) means:
(f) Safe travel allowance
(i) When an Employee, after having worked overtime or a shift for which they have
not been regularly rostered, finishes work at a time when reasonable means of
transport are not available, nbn will provide the Employee with transport home,
or pay them their current wage for the time reasonably spent in reaching home.
(ii) The provisions of clause 14.1(f)(i) do not apply if:
(g) On Call Arrangements
(i) Rostered Arrangements On Call
15. Payment of Wages and Allowances
15.1 Wages and allowances will be paid fortnightly in arrears.
15.2 Wages and allowances will be paid by electronic funds transfer into an account nominated by
the Employee.
15.3 Salary Sacrifice
(a) An Employee can elect to salary sacrifice part or all of his or her wages or other
allowable entitlements provided that the arrangement is in writing and complies with
relevant legislation and is allowable under nbn policy as amended from time to time.
16.1 Superannuation Contributions
nbn will make superannuation contributions of at least 10.5% of ordinary time earnings or, if
higher, the rate specified in the Superannuation Guarantee and Administration Act 1992
(Cth), and paid in accordance with that Act into an authorised superannuation fund nominated
by the Employee. If the Employee chooses not to nominate a superannuation fund and the
employee does not have a stapled superannuation fund, contributions will be made by nbn
into a default superannuation fund provided that such fund offers a compliant MySuper
product.
16.2 Voluntary Post Tax Employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an Employee may,
in writing, authorise nbn to pay on behalf of the Employee a specified amount from the
post-taxation wages of the Employee into the same superannuation fund as nbn makes
the superannuation contributions provided for in clause 16.1.
(b) An Employee may adjust the amount the Employee has authorised nbn to pay from the
wages of the Employee from the first of the month following the giving of three months'
written notice to nbn.
(c) nbn must pay the amount authorised under clauses 16.2(a) or (b) in accordance with its
normal practice of scheduled payments.
16.3 Absence from work
Subject to the governing rules of the relevant superannuation fund, nbn must also make the
superannuation contributions provided for in clause 16.1 and pay the amount authorised
under clauses 16.2(a) or (b):
17.1 For the purposes of understanding the operation of this clause, all sub clauses should be read
in conjunction with each other.
17.2 The ordinary hours of work are to be an average of 38 per week.
17.3 Except as provided for in clauses 17.7(b), the ordinary hours of an Employee must not exceed
152 hours in 28 consecutive days and except as provided for in clause 17.7(b) an Employee will
not be required to work more than 10 ordinary hours per day.
17.4 Where an Employee is transferred permanently from day work to shift work or from shift work
to day work, such an Employee should receive at least one month's notice. However, nbn and
the Employee may agree on a lesser period of notice.
17.5 Method of arranging ordinary hours
The method of arranging ordinary hours may be by:
17.6 Alteration to hours of work for day and shift workers
(a) Subject to nbn's right to:
(b) nbn will publish rosters at least four weeks prior to each week's commencement where
it is able to do so taking into account the needs of the business along with consideration
of the employees' family and personal requirements, in accordance with nbn's work/life
balance principles. nbn may alter the hours for day workers and shift rosters for shift
workers once determined under the following circumstances:
(c) Provided that where an Employee receives notice under clause 17.6(b) and they raise
significant concerns about the alteration of their hours of work due to their personal or
family circumstances, nbn will consult with the Employee about such concerns.
17.7 Day work
(a) Except as provided for in clause 17.7(b) the ordinary hours of work for day work will be
worked between the following spread of hours:
Monday to Friday-7.00 am to 7.00 pm
(b) Flexibility in relation to day work hours
(ii) Where an agreement is reached by the majority of Employees it will apply to all
the Employees in the workplace or section(s) to which the agreement applies. This
does not in any way restrict the application of an individual agreement. Where
nbn is seeking to reach agreement with Employees or an Employee under this
clause the Employee(s) may be request the involvement of a representative,
including a union.
(iii) Where an agreement is reached in accordance with clause 17.7(b), the agreement
will be recorded in the time and wages records.
(iv) At the time this Agreement was made the following business units, however
described, had existing arrangements and are not required to make further
agreement in accordance with this clause:
17.8 Make-up time
(a) An Employee may elect, with the consent of nbn, to work make-up time under which
the Employee takes time off during ordinary hours and works those hours at a later time
during the spread of ordinary hours provided in this Agreement.
(b) An Employee on shift work may elect, with the consent of nbn, to work make-up time
under which the Employee takes time off during ordinary hours and works those hours
at a later time at the shift work rate which would have been applicable to the hours
taken off.
17.9 Twelve hour days
Implementation of 12 hour days or shifts is subject to the following:
17.10 Provisions applicable only to morning, afternoon or nightshifts
(a) The provisions of this clause apply only to time worked on morning, afternoon and night
shifts and do not apply to time worked during the day.
(d) Shift penalties:
17.11 Flexibility in relation to shift work hours
(a) The following forms of flexibility may be implemented in respect of all Employees in a
workplace or section(s) thereof, subject to agreement between nbn and the majority of
the Employees concerned in the workplace or relevant section(s) (such as those
arrangements confirmed in clause 17.7). Agreement in this respect may also be
reached between nbn and an individual Employee:
(b) Where an agreement is reached by the majority of Employees it will apply to all the
Employees in the workplace or section(s) to which the agreement applies. This does not
in any way restrict the application of an individual agreement.
(c) Where an agreement is reached in accordance with clause 17.11(a), the agreement will
be recorded in the time and wages records.
17.12 Weekend penalty loading
(a) Employees are entitled to a loading of 50% for ordinary time worked:
17.14 Daylightsaving
For work performed which spans the time of introduction or cessation of a system of daylight
saving as prescribed by relevant state or territory legislation, an Employee will be paid
according to adjusted time (i.e. the time on the clock at the beginning of work and the time on
the clock, at the end of work).
18. Overtime and Penalty Rates
18.1 Overtime and Overtime rates
(a) An Employee is required to work reasonable overtime subject to the provisions of clause
18.1(b).
(c) Daily ordinary hours are arranged in accordance with clause 17.5 or 17.6. All work done
in excess of the daily ordinary hours by an Employee Monday to Friday will be paid at
the rate of time and a half for the first three hours and double time thereafter. All
overtime worked by an Employee on a Saturday will be paid at the rate of time and a
half for the first three hours and double time thereafter. All overtime worked by an
Employee on Sunday will be paid at double time.
(d) In computing overtime, each day's work will stand alone.
(e) Employees who are late starting or are absent for part of their ordinary hours on unpaid
leave will complete their ordinary hours for that day prior to the entitlement to
overtime.
18.2 Overtime which is continuous with ordinary hours (Continuous Overtime)
(a) Where overtime is worked immediately prior to the commencement or at the
conclusion of ordinary hours of work it will be regarded as Continuous Overtime.
(b) An Employee performing Continuous Overtime will receive payment at the rate
prescribed in clause 18.1 hereof for the actual time worked (which includes any paid
rest breaks).
(c) Meal or rest breaks taken between the ordinary hours and the Continuous Overtime, or
during the period of Continuous Overtime, do not break continuity for the purposes of
this clause.
18.3 Non-continuous Overtime (Standalone overtime)
(a) Non-continuous Overtime is when an Employee is required to work a period of overtime
which is separated from ordinary hours of work (that is, which is not Continuous
Overtime within the meaning of clause 18.2 or Public Holidays). For example, this
includes:
(b) Employees performing Non-continuous Overtime at the appropriate overtime rate (at
Clause 18.1 or 26 Public Holidays) will be paid for, the greater of:
(c) The minimum periods of overtime paid to Employees working Non-continuous Overtime
are:
(d) Notwithstanding (b) and (c) above, where an Employee who has completed the work
and (if applicable), is called upon to perform a second period of Non-continuous
Overtime before the minimum payment period applying to the first has expired, the
employee will receive, the greater of:
(e) Non-continuous Overtime worked in circumstances specified in this clause will not be
regarded as overtime for the purposes of clause 18.5 where the time worked is less than
three hours for the period or for each period - provided that where the total number of
hours worked on more than one period of Non-continuous Overtime is four hours or
more then the provisions of clauses 18.5(b) and 18.5(c) will apply.
18.4 Rest breaks during overtime
(a) An Employee working overtime will be allowed a rest break of 20 minutes without
deduction of pay after each four hours of overtime if the Employee continues to work
after such rest break instead of the breaks provided in clause 19.
(b) Where, however, an employee is asked to perform Non-continuous Overtime which is
expected to exceed five hours of work (for example, to replace another employee who
is unexpectedly absent or to work a full extra shift on a weekend), rest breaks and
unpaid meal breaks will be those which would ordinarily have applied, if the day or
shift was worked as ordinary hours in the applicable work area, in accordance with
clause 19.
18.5 Rest period after overtime
(a) When overtime work is necessary, it will wherever reasonably practicable be so
arranged that Employees have at least 10 consecutive hours off duty between the work
of successive days.
(b) An Employee (other than a casual or part-time Employee), who works so much overtime
between the termination of the ordinary work on one day and the commencement of
the ordinary work on the next day that the Employee did not have at least 10
consecutive hours off duty between those times will, subject to this clause, be released
after completion of such overtime until the Employee has had 10 consecutive hours off
duty without loss of pay for ordinary working time occurring during such absence.
(c) If on the instructions of nbn an Employee resumes or continues work without having
had such 10 consecutive hours off duty, the Employee will be paid at the rate of double
time until released from duty for such period and then is entitled to be absent until the
Employee has had 10 consecutive hours off duty without loss of pay.
(d) The provisions of this clause will not apply to Non-continuous Overtime where the
time worked is lessthan three hours during a block of overtime or each block of
overtime. Provided that where the total number of hours worked on more than one
block of Non-continuous Overtime is four hours or more between the end of one
period of ordinary time and the commencement of the next, then the provisions of
clauses 18.4(b) and 18.4(c) will apply.
18.6 Time off instead of payment for overtime
(a) An Employee may request, with the consent of nbn, to take time off instead of payment
for overtime at a time or times agreed by nbn. This agreement must be in writing. The
Employee must take the time off within four weeks of working the overtime unless
otherwise mutually agreed.
(b) If the Employee takes time off instead of payment for overtime then the amount of
time off during ordinary hours will be taken at the ordinary time rate, (that is an hour
for each hour worked). If requested by an Employee, nbn must, within one week of
receiving a request, pay theEmployee for any overtime worked. The Employee must be
paid at overtime rates.
18.7 Rates not cumulative
The rates prescribed in this clause are in substitution for and not cumulative upon the loadings
prescribed in clause 26 - Public Holidays.
19.1 Except as provided for in clause 19.3, where practicable, an Employee will not be required to
work for more than five hours without a 30 minute unpaid meal break when working a shift of
eight hours or less. When working a shift of over eight hours an employee will not be required
to work for more than six hours without a 30 minute unpaid meal break.
19.2 Where a shift is more than 6 hours in length but less than 9 hours in length Employees will be
entitled to two fifteen minute paid rest breaks. One at some time before the meal break and
one at some time after the meal break. Where a shift is 9 hours or more in length Employees
will be entitled to three 15 minute paid rest breaks. No more than two rest breaks before the
meal break and the remaining breaks sometime after the meal break. The timing of such rest
breaks will be at nbn's discretion, depending upon operational requirements.
19.3 Flexibility in relation to meal breaks
19.4 An Employee directed by nbn to work in excess of five hours without a meal break (or such
period as extended in accordance with clause 19.3) and will be paid at the rate of time and a half
for the meal period and the Employee will be permitted to have the Employee's usual meal
period without deduction from the Employee's wage as soon as possible after the prescribed
meal period.
20.1 This clause of the Agreement supplements the provisions of the NES which deal with annual
leave. Annual Leave and Annual Leave Loading do not apply to casual Employees.
20.2 Payment for annual leave
(a) A 17.5% annual leave loading has been taken into account in determining the
remuneration of an Employee under this Agreement. Except as provided in clause
20.2(b) annual leave loading will not be paid to an Employee on annual leave
entitlements because the Employees remuneration has been fixed having regard to this
fact.
20.3 Excessive leave
If nbn has genuinely tried to reach agreement with an Employee as to the timing of taking
annual leave, nbn can require the Employee to take annual leave by giving not less than four
weeks' notice of the time when such leave is to be taken if:
20.4 Paid leave in advance of accrued entitlement
By agreement between nbn and an Employee, a period of annual leave may be taken in
advance of the entitlement accruing. Provided that if leave is taken in advance and the
employment terminates before the entitlement has accrued nbn may make a corresponding
deduction from any money due to the Employee on termination.
20.5 Annual close-down
(a) nbn may close down an enterprise or part of it for the purpose of allowing annual leave
to all or the majority of the Employees in the enterprise or part concerned, provided
that nbn gives at least one month's notice to the affected Employees. The notice will
advise Employees of the commencement date and duration of the close-down.
20.7 Purchased Leave
nbn policies will provide opportunities by which each permanent full time and part time
Employee, may, subject to agreement with nbn and in accordance with its policies participate
in a scheme to purchase up to four weeks additional purchased leave per anniversary year
from their base rate of pay. The terms and application of such policies will be at all times at the
sole discretion of nbn. The purchased leave amount(s) will be adjusted against the Employees
base rate of pay under this Agreement.
20.8 Cashing out of annual leave
nbn regards the taking of annual leave as a key element in an employee's overall well-being and work
life balance, and so as a principle, nbn does not encourage the cashing out of annual leave. Only in
exceptional circumstances, including but not limited to financial hardship, will nbn consider agreeing
to cash out annual leave.
21. Personal/Carer's Leave and Compassionate Leave
21.1 This clause of the Agreement supplements the provisions of the NES which deal with
personal/carer's leave and compassionate leave.
21.2 As provided by the NES full time Employees will accrue 10 days (76 hours) personal/carer's
leave perannum. Employees seeking to take Personal Leave are required to:
21.3 Employees seeking to take Carer's Leave are required to:
21.4 As provided by the NES Employees will be entitled to 2 days compassionate leave on each
occasion. Employees seeking to take Compassionate Leave are required to:
22.1 This clause of the Agreement supplements the provisions of the NES which deal with
community service leave.
22.2 An Employee who engages in an eligible community service activity is entitled to be absent
from his or her employment for a period to undertake eligible community service.
22.3 Eligible community service activity means jury service or voluntary emergency management
activities and any other activities otherwise defined in the NES.
22.4 Notice
An Employee who wants an absence from his or her employment to be covered by this clause
must give nbn notice of the absence as soon as practicable and must advise the expected
period of the absence.
22.5 Payment
(a) A full time or part time Employee absent on jury service will be paid their base rate of
pay for a maximum of 20 days of jury service. Should jury service extend beyond 20 days
nbn may agree to pay the Employee's base rate of pay for a period extending beyond
the first 20 days.
23.1 Employees who have completed 10 years of continuous service with nbn will be eligible for 13
weeks paid long service leave at the Employees base rate of pay. After 10 years continuous
service, long service leave will accrue on the basis of 1.3 weeks per year thereafter on
completion of each further 5 years of service. Administration of long service leave will be in
accordance with nbn policy as amended from time to time.
24.1 This clause of the Agreement supplements the provisions of the NES which deal with parental
leave.
24.2 An eligible Employee will be entitled to 18 weeks paid parental leave at the Employees base
rate of pay in accordance with nbn policy as amended from time to time. Parental Leave under
this clause is in addition to any Government funded scheme.
25. Domestic and Family Violence Support
nbn understands the importance of providing a supportive workplace in which employees who
are victims of domestic violence can come forward and seek help and support.
Employees are entitled to paid domestic violence leave and other types of support in accordance
with the National Employment Standards and the nbn Domestic and Family Violence Policy, as
amended or replaced from time to time.
26.1 This clause of the Agreement supplements the provisions of the NES which deal with public
holidays.
26.2 Public Holidays
Employees are entitled to public holidays in accordance with the National Employment
Standards and any additional full or half day public holiday that is gazetted within a State,
Territory or locality by the relevant Government, Authority or order.
Full time employees are entitled to payment for public holidays not worked only when the
employee's contracted ordinary hours fall on the public holiday.
Part time employees are entitled to payment for public holidays not worked only when their
contracted ordinary hours fall on the public holiday and/or the part time employee works on the
public holiday.
26.3 Substitution of public holidays
nbn and a majority of affected Employees or an individual Employee may reach agreement in
writing to substitute a day or part-day for a day or part-day that would otherwise be a public
holiday under terms of the NES.
(a) nbn must notify the relevant Employees of the decision to introduce the major change;
and
(b) subclauses 8.3 to 8.9 apply.
(a) a relevant Employee appoints, or relevant Employees appoint, a representative for the
purposes of consultation; and
(b) the Employee or Employees advise nbn of the identity of the representative;
nbn must recognise the representative.
(a) discuss with the relevant Employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the Employees; and
(iii) measures nbn is taking to avert or mitigate the adverse effect of the change on
the Employees; and
(b) for the purposes of the discussion--provide, in writing, to the relevant Employees:
(i) all relevant information about the change including the nature of the change
proposed; and
(ii) information about the expected effects of the change on the Employees; and
(iii) any other matters likely to affect the Employees.
(a) the termination of the employment of Employees; or
(b) major change to the composition, operation or size of nbn's workforce or to the skills
required of Employees; or
(c) the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain Employees; or
(f) the need to relocate Employees to another workplace; or
(g) the restructuring of jobs.
(a) nbn must notify the relevant Employees of the proposed change; and
(b) subclauses 8.11 to 8.15 apply.
(a) a relevant Employee appoints, or relevant Employees appoint, a representative for the
purposes of consultation; and
(b) the Employee or Employees advise nbn of the identity of the representative;
nbn must recognise the representative.
(a) discuss with the relevant Employees the introduction of the change; and
(b) for the purposes of the discussion--provide to the relevant Employees:
(i) all relevant information about the change, including the nature of the change; and
(ii) information about what nbn reasonably believes will be the effects of the change
on the Employees; and
(iii) information about any other matters that nbn reasonably believes are likely to
affect the Employees; and
(a) a matter arising under the Agreement; or
(b) the National Employment Standards;
then this term sets out procedures to settle the dispute.
(1) The Commission will first attempt to resolve the dispute as it considers appropriate,
including by mediation, conciliation, expressing an opinion or making a
recommendation; and
(2) if the Commission is unable to resolve the dispute at the first stage, the Commission may
then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
Note: If the Commission arbitrates the dispute, it may also use the powers that are available to
it under the Act.
(a) an Employee must continue to perform his or her work as he or she would normally
unless he or she has a reasonable concern about an imminent risk to his or her health or
safety; and
(b) an Employee must comply with a direction given by nbn to perform other available work
at the same workplace, or at another workplace, unless:
(i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not permit the work to
be performed; or
(iii) the work is not appropriate for the Employee to perform; or
(iv) there are other reasonable grounds for the Employee to refuse to comply with the
direction.
(b) Overtime will be payable to part-time Employees for time worked in excess of the hours
fixed in accordance with the pattern of hours applicable to the Employee. However, a
part-time Employee is not entitled to be paid overtime penalties on a day until they
have worked at least an equivalent number of hours that day to an equivalent full-time
Employee, provided that a part-time Employee will not work more than 38 hours in any
week at ordinary rates.
(c) The terms of this Agreement will apply pro rata to part-time Employees on the basis that
ordinary weekly hours for full-time Employees are 38 hours.
(i) if they need to care for members of their immediate family or household who are
sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child;
(ii) if the employee suffers a miscarriage or a member of the employee's household
suffers a stillbirth; or
(iii) upon the death of an immediate family or household member.
nbn and the casual Employee will agree on the period for which the casual Employee
will be entitled to not be available to attend work. In the absence of agreement, the
casual Employee is entitled to not be available to attend work for up to 48 hours (i.e.
two days) per occasion. The casual Employee is not entitled to any payment for the
period of non-attendance.
(b) During the Probation Period, nbn will assess an Employee's suitability for their position
and provide feedback on their performance, including areas in which they need to
improve.
(c) During the Probation Period, employment may be terminated by either nbn or the
Employee by giving one week's notice, or by the payment or forfeiture of 1 week's pay
in lieu of such notice.
(a) At nbn's initiative because nbn no longer requires the job done by the Employee to be
done by anyone, except where this is due to the ordinary and customary turnover of
labour; or
(b) As otherwise provided in the NES redundancy sections as set out in the Act.
YEARS OF CONTINUOUS SERVICE WEEKS' PAY
Less than 1 years' service 2 weeks
1 year and less than 2 years 4 weeks
2 years and less than 3 years 6 weeks
3 years and less than 4 years 7 weeks
4 years and less than 5 years 8 weeks plus pro rata
5 years and less than 6 years 10 weeks plus pro rata
6 years and less than 7 years 12 weeks plus pro rata
7 years and less than 8 years 14 weeks plus pro rata
8 years and less than 9 years 16 weeks plus pro rata
9 years and less than 10 years 18 weeks plus pro rata
10 years and less than 11 years 20 weeks plus pro rata
11 years or more 22 weeks up to a maximum of 48 weeks (see note)
Note: After 11 years of service 2 weeks will apply for each year thereafter (pro-rated) up to a
maximum of 48 weeks. Notice of termination provided for in clause 11 of this Agreement will
apply in addition to the redundancy payment set out in this clause. Weeks' pay under this
clause means the Employee's base rate of pay for his or her ordinary hours of work. Pro rata
for the purposes of this clause means to the nearest completed month of service.
(b) If the Employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the Employee must, at the request
of nbn, produce proof of attendance at an interview or they will not be entitled to
payment for the time absent. For this purpose, a statutory declaration will be sufficient.
(c) This entitlement applies instead of clause 11.4.
(a) Where the Employee accepts employment with the transmittee which recognises the
period of continuous service which the Employee had with the transmittor and any prior
transmittor to be continuous service of the Employee with the transmittee; or
(b) Where the Employee rejects an offer of suitable alternative employment with the
transmittee.
(b) This provision does not apply in circumstances involving transmission of business as set
out in clause 12.6.
(b) An Employee will be advised in writing the method of compensation being used.
Unless specified otherwise in this Agreement, nbn will increase the allowances set out in this clause
by:
(i) 3% (rounded to two decimal places) on and from the first full pay period
commencing on or after the Date of Operation; and
(ii) 3.25% (rounded to two decimal places) on and from the first full pay
period commencing on or after 1 July 2023; and
(iii) 3.25% (rounded to two decimal places) on and from the first full pay period
commencing on and after1 July 2024.
(i) was notified no later than the previous day that they would be required to work
overtime;
(ii) is a shift worker and was notified no later than the previous day or previous
rostered shift that they would be required to work such overtime; or
(iii) is working from home (i.e. not at an nbn worksite).
(b) Where an Employee salary sacrifices under this clause, the Employees base hourly rate
of pay and other effected entitlements under this Agreement will continue to be
calculated on the pre-salary sacrificed amount.
(a) Paid leave-while the Employee is on any paid leave.
(b) Work related injury or illness-for the period of absence from work (subject to a
maximum of 52 weeks in total) of the Employee due to work related injury or work
related illness provided that:
(i) the Employee is receiving workers compensation payments or is receiving regular
payments directly from nbn in accordance with statutory requirements; and
(ii) the Employee remains employed by nbn.
(a) Employees working a consistent number of ordinary hours each day; or
(b) fixing one day a week on which Employees work a lesser number of hours; or
(c) fixing one or more days on which all Employees will be off during a particular work cycle;
or
(d) rostering Employees off on various days of the week during a particular work cycle so
that each Employee has one or more days off during that cycle.
(i) fix the daily hours for day work within the spread of hours referred to in clause
17.7:
(ii) fix shift start and finish times referred to in clause 17.10(b); and
(iii) fix shift rosters referred to in clause 17.10(b);
(i) by nbn giving one weeks' notice of the requirement to change the arrangement of
hours or the roster;
(ii) by nbn giving 48 hours' notice to the Employee in the case of an emergency;
(iii) by mutual agreement between the Employee(s) concerned and nbn; or
(iv) at the discretion of nbn, Employees may be permitted to exchange shifts or days
off to perform duty for another Employee.
(i) The following forms of flexibility may be implemented in respect of all Employees
in a workplace or section(s) thereof, subject to agreement between nbn and the
majority of the Employees concerned in the workplace or relevant section/s.
Agreement in this respect may also be reached between nbn and an individual
Employee:
(a) proper health monitoring procedures being introduced;
(b) suitable roster arrangements being made;
(c) proper supervision being provided;
(d) adequate breaks being provided; and
(e) an adequate trial or review process being implemented.
(b) The ordinary hours of work for morning, afternoon and night shift workers will be
worked at the discretion of nbn on any days of the week, Monday to Sunday, subject to
clause 17.6 and the penalties in clause 17.10(c), 17.10(d) and 17.12.
(c) For the purposes of this Agreement:
(i) afternoon shift means any shift finishing after 7.00 pmand at or before
midnight.
(ii) morning shift means any shift commencing at or after4am and before 7.00am.
(iii) night shift means any shift finishing subsequent tomidnight and at or before
9.00 am.
(i) Employees on a morning shift or afternoon shift are entitled to a penalty of 15%.
(ii) Employees on a night shift are entitled to a penalty of 30%.
(i) in excess of 10 hours and up to 12 hours of ordinary time may be worked per
shift, exclusive of meal breaks. The implementation of 12 hour shifts is subject to
the provisions of clause 18.9.
(ii) a roster may operate on the basis that the weekly average of 38 ordinary hours is
worked over a period which exceeds 28 consecutive days but does not exceed 12
months.
(i) between midnight on Friday and midnight on Saturday.
(b) Employees are entitled to a loading of 100% for ordinary time worked:
(i) between midnight on Saturday and midnight on Sunday.
(c) The rates in clause 17.12(a) and 17.12(b) are in substitution for and not cumulative upon
the morning, afternoon and night shift loadings prescribed in clauses 17.10(c) and
17.10(d).
17.13 The loadings in clause 17 Hours of work are not payable for periods of overtime or for time
worked on public holidays.
(b) An Employee may refuse to work overtime in circumstances where the working of such
overtime would result in the Employee working hours which are unreasonable having
regard to:
(i) any risk to Employee health and safety;
(ii) the Employee's personal circumstances including any family responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by nbn of the overtime and by the Employee of his or her
intention to refuse it; and
(v) any other relevant matter.
(i) Out of hours call-outs to nbn worksites or customer premises,
(ii) work performed from home (provided it is not a continuation of ordinary hours
also performed at home),
(iii) work performed while on-call,
(iv) rostered and non-rostered `after-hours' overtime.
(i) the time actually worked, or
(ii) a minimum period of overtime in accordance with clause 18.3(c)
An employee will not be required to work the for full applicable minimum period or
periods of overtime specified in clause 18.3(c) or 18.3(d) where the work is completed
in a shorter period.
(i) One hour if the Employee performs the work from home or is able to complete
the work from their current location remotely (i.e. by telephone or computer)
when required to perform the work, or
(ii) Three hours (inclusive of any paid travel time, if applicable) if the Employee is
required to travel from their current location to an nbn worksite or customer
premises to perform the work.
(i) Payment for the first minimum period in full, or
(ii) Payment for both:
(a) The following forms of flexibility may be implemented in respect of all Employees in a
workplace or section(s) thereof, subject to agreement between nbn and the majority of
the Employees concerned in the workplace or relevant section(s). Agreement in this
respect may also be reached between nbn and an individual Employee:
(i) Employees may work in excess of five hours but not more than six hours without a
meal break;
(ii) meal breaks may be for a period of less than 30 minutes. An Employee and nbn
may agree to less than 30 minutes, but not less than 20 minutes.
(b) Where an agreement is reached by the majority of Employees, it will apply to all the
Employees in the workplace or section(s) to which the agreement applies. This does not
in any way restrict the application of an individual agreement.
(b) Where an Employee would have received loadings, in accordance with clause 17 - Hours
of work, of this Agreement, had the Employee not been on annual leave and such
loadings would have entitled the Employee to a greater amount than the loading of
17.5% that was taken into account fixing the Employees remuneration, then the
Employee will be paid a pro rata top up payment at the time the annual leave is taken by
the Employee.
(a) at the time the direction is given, the Employee has eight weeks or more of annual leave
accrued; and
(b) the amount of annual leave the Employee is directed to take is less than, or equal to, a
quarter of the amount of leave accrued.
(b) nbn may close down for one or two periods. Where there is agreement between nbn
and the majority of Employees concerned, nbn may close down for more than two
periods.
(c) An Employee who has accrued sufficient leave to cover the period of the close-down, is
allowed leave and also paid for that leave at the appropriate wage. An Employee who
has not accrued sufficient leave to cover part or all of the close-down is allowed paid
leave for the period for which they have accrued sufficient leave and given unpaid leave
for the remainder of the closedown.
20.6 nbn will permit Employee's reasonable flexibility in taking annual leave with such leave to be
taken in accordance with nbn policies.
The cashing out of annual leave is always subject to nbn's discretion, as well as the terms contained
within the Fair Work Act 2009 (Cth) and in accordance with this clause:
(a) Each cashing out of annual leave must be the subject of a separate agreement under this clause.
(b) nbn and an employee may agree in writing to the cashing out of a particular amount of accrued
paid annual leave by the employee.
(c) The agreement to cash out annual leave must state:
i. the amount of leave to be cashed out and the payment to be made to the employee for it; and
ii. when the payment is to be made.
(d) The payment must not be less than the amount that would have been payable had the employee
taken the leave at the time the payment is made.
(e) An agreement must not result in the employee's remaining accrued entitlement to paid annual
leave being less than 4 weeks.
(f) The cashing out of annual leave will be recorded on the Employee's payslip.
(a) make all reasonable efforts to inform their direct manager before or at the time of the
Employee's normal commencement time or if that is not reasonably practicable as soon
as possible, that they are unable to work due to illness or injury; and
(b) Once an Employee has had two days of absence on personal leave in a calendar year
the Employee will be required to provide a medical certificate. If it is not reasonably
practical to provide a medical certificate a statutory declaration may be provided.
(a) make all reasonable efforts to inform their direct manager before or at the time of the
Employee's normal commencement time or if that is not reasonably practicable as soon
as possible, that they are unable to work due a requirement to provide care and support
to an immediate family member or member of the Employees household; and
(b) provide a medical certificate for the member of the immediate family or household the
Employee is caring for. If it is not reasonably practical to provide a medical certificate a
statutory declaration may be provided.
(a) make all reasonable efforts to inform their direct manager before or at the time of the
Employee's normal commencement time or if that is not reasonably practicable as soon
as possible, that they are unable to work due to the Employee taking a period of
compassionate leave; and
(b) provide reasonable evidence as required by nbn that the Employee is eligible to take
compassionate leave.
(b) Payment (if any) for Emergency Management activities will be in accordance with nbn
policy.
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