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  • CWU NSW T&S BRANCH - BULLETIN NO 2

    14 March 2021

    MIRAIT EBA - SUMMARY OF PROPOSED CHANGES

    Background

    The Mirait EBA had a nominal expiry date of 25 October 2020. While it has passed its nominal expiry date, the EBA remains in force until replaced.

    Your next pay rise is due on 1 July 2021. We commenced negotiations for a new EBA on 18 February 2021. Daniel Harpley (Mirait Tech) and Dan Dwyer (Your T&S Branch Secretary and Union Lawyer) are representing members.

    Current Position

    We have met on 5 occasions now. We have all the proposed changes to the current EBA that Mirait is seeking. We propose to respond next week. We set out a summary of the important changes opposite.

    We have attached the extracts showing the amendments to the EBA. The EBA can be found with a friendly index at CWU Mirait Page (https://cwunion.net/telecom/pbai010.htm) We also seek your input for claims by us.

    ATTEND OUR MEETING

    The amendments are complex and need to be discussed. We need to know your response and which matters are most important. We also need to know what we should seek to improve the EBA. We have arranged for a meeting of members and staff

    Ourimbah Room Ourimbah RSL - 6-20 Pacific Hwy, Ourimbah Saturday 20 March at 1pm.

    Attend our meeting to hear an explanation from our negotiators, Dan Dwyer and Daniel Harpley. We will explain the proposals, seek your feedback and develop our response.

    It is important for solidarity reasons that all staff attend this important meeting. This EBA affects your income and conditions for the next 4 years.

    SUMMARY OF IMPORTANT CHANGES

    Pay Increases - this year

    See attached table. There is no CPI increase this year.

    Pay Increases - subsequent years

    The EBA rates will increase in line with CPI but capped:

  • the minimum will be 1.0% (instead of 1.5%)
  • the maximum will be 2.5% (instead of 3.0%)

    Pay Increases become optional for most

    If your hourly rate is above the EBA rate, and we are told that most staff are in this category, then there is no automatic pay increase each year. You could go 4 years without a pay rise.

    The clause proposed by Mirait is:
    Employees who are paid an hourly rate in excess of their respective EA classification rate will not be automatically entitled to an increase each year. Increases for these individuals will be based on

  • relativity to the market,
  • the Employee's performance and capabilities and
  • MTA's financial performance.

    Hours of Work

    You currently work 40 hours/week. The EBA pay rates include a base rate plus 2 hours pay time and a half. The proposal now is that you work only 38 hours and your pay will not change. Put another way, you will work 2 hours per week less in future for the same pay.

    Your hourly rate

    Your hourly rate will increase as in future, the weekly pay will be divided by 38, instead of 40. This is important as you will receive more per hour if you work overtime or receive shift penalties.

    Your overtime after 2 hours

    Currently you are paid double time after 2 hours. The proposal is that you will receive double time after 3 hours. So there will be an extra hour at time and a half.

    Stand Down

    New sub paragraphs are added which will allow Mirait to stand you down for an indefinite time without pay,

  • If the Employee cannot be usefully utilised by MTA (in accordance with clause 11.3).
  • If an Employee is under investigation for alleged conduct that would be in breach of their obligations to MTA the Employee may be stood down while the investigation is being conducted.

    Inclement Weather

    New sub para 18(c): If no other suitable work is available, normal stand down procedures will apply.

    Annual Leave

    MTA may instruct an Employee to take annual leave if their annual leave accrual is greater than 6 weeks.

    Personal Carers Leave

    Clause simplified

    Family and Domestic Violence Leave

    New para added.

    Daily Travel Time

    Employee's required to be transported by a Company vehicle (driven by another Employee) will be required to organise to meet with the vehicle at a designated and agreed car park along the route to the job.

    Allowances

    The Meal allowance will increase from $16.50 to $17.82
    Travel Allowances are adjusted as well - see table.

    MIRAIT EBA - SUMMARY OF PROPOSED CHANGES

    11.1 Employment Status
    11.1 Employees covered by this Agreement shall be engaged on a full-time, part-time, fixed term or casual basis.
    (a) Full-time Employees
    (b) Full-time Employees are Employees who work an average of thirty-eight (38) hours per week plus two (2) reasonable additional hours per on a permanent ongoing basis.

    12.1 Hours of work

    (a) The ordinary hours of work for a permanent, full time employee shall be an average of thirty eight (38) hours per week averaged over a four (4) week period;
    (a) Permanent, full time employees will also be required to work two (2) reasonable additional hours each week to be paid at time and a half of their ordinary hourly rate;

    12.2 Overtime
    12.2 Employees will be required to work reasonable additional hours from time to time in order to meet the needs of the business. Any such additional hours must have prior approval from the appropriate Project Manager.
    (i) For all work done in excess of ordinary hours detailed in Clause 12.1 (a) Employees will be paid at the rate of time and a half (1.5 times) the Employees ordinary hourly rate for the first two (2) three (3) hours and double time (2 times) the Employees ordinary hourly rate thereafter;

    12.3 Meal Allowance
    12.3 If an employee is required to work overtime for two or more hours without being notified of the requirement for such overtime on the previous day or earlier, they will be paid a meal allowance of $16.50 $17.82 Alternatively, at agreement between the Employer and the Employee, a suitable meal will be provided at the Employers expense.
    ..
    12.5 Saturdays, Sundays and Public Holidays
    (b) All hours worked on a Saturday will be paid as follows;
    (i) the first two (2) three (3) hours worked will be paid at time and a half (1.5 times) the Employee's ordinary hourly rate;
    (ii) all hours after the first two (2) three (3) hours will be paid at double time (2 times) the Employee's ordinary hourly rate

    12.6 Recall to Work

    (ii) If an Employee is called back to work between 6pm and 12am Monday to Friday, after having left the depot or worksite at the completion of their ordinary work hours, this will be paid at time and a half (1.5 times) the Employees ordinary hourly rate for the first two (2) three (3) hours and double (2 times) the Employees ordinary hourly rate thereafter; (iii) When called out to work between 6am and midnight on a Saturday the Employee will be paid at time and a half (1.5 times) the Employees ordinary hourly rate for the first two (2) three (3) hours and double (2 times) the Employees ordinary hourly rate thereafter;

    16.2 Wage review
    Wage increases on Employees current rates of pay will be in accordance with the following table:
    2017 With effect from the first pay period to commence on or after 1 July 2017, an Employee shall receive an increase in his or her ordinary hourly rate of pay equivalent to CPI, at no less than 1.5% and up to a maximum of 3%.
    [2018,2019,2020 clauses are the same and omitted]
    In addition to the above wage increases Performance and Development Reviews will be completed during the April to June quarter each year. As part of the PDR process, MTA may also consider an Employee's pay relativity versus the market or based on their performance of their duties. MTA will also consider relevant market and economic factors.

    16.2.1 The following table sets out the minimum wages for each job classification. These rates have been set taking into account the pay rates set out in the award, the expectations of each classification and the market.
    [2022, 2023, and 2024 - Table to be inserted]
    16.2.2 The minimum wages set out in the above table will increase each year in accordance with CPI. CPI data will be obtained from the ABS and will be calculated based on the total of the four quarterly CPI rates preceding payment. CPI will be no less than 1% and up to a maximum of 2.5%.
    16.2.3 Employees who are paid an hourly rate in excess of their respective EA classification rate will not be automatically entitled to an increase each year. Increases for these individuals will be considered based on relativity to the market, the Employee's performance and capabilities and MTA's financial performance.
    16.2.4 Any increase will take effect as of the first pay period to commence on or after 1 July of each year of the Agreement.

    17. Stand Down

    The right of the Company to stand down an Employee without pay shall be in accordance with section 524 of the FW Act which includes circumstances where an Employee cannot be usefully employed because of one of the following circumstances:
    MTA may stand down an Employee with or without pay in one of the following circumstances:
    (a) (b) (c) (no change)
    (d) If the Employee cannot be usefully utilised by MTA (in accordance with clause 11.3).
    (e) If an Employee is under investigation for alleged conduct that would be in breach of their obligations to MTA the Employee may be stood down while the investigation is being conducted.

    18. Inclement Weather

    (a) The applicable MTA Manager, in conjunction with a client representative (where applicable), will meet and decide whether the site conditions or any portion thereof constitute Inclement Weather. This meeting will occur within 60 minutes of being notified or made aware of such conditions.
    (b) If it is agreed that the site conditions constitute .....
    (c) If no other suitable work is available, normal stand down procedures will apply (refer to section 17).

    20.1 Annual Leave

    (b) Annual leave is to be taken at a mutually agreed time between MTA and the Employee and should be lodged at least four (4) weeks in advance of proposed leave period;
    (d) Employees are encouraged to take annual leave on a regular basis and MTA may instruct an Employee to take annual leave if their annual leave accrual is greater than eight (8) six (6) weeks.

    20.2 Personal / Carer's Leave

    (i) The Employee notifying MTA as soon as possible of the commencement of personal leave;
    (ii) Providing to MTA's satisfaction that the personal leave is or was justified;
    (iii) Providing a medical certificate authorised by a medical practioner or registered pharmacist for periods of personal leave where personal leave exceeds two (2) days. Employee has taken five (5) or more Personal / Carer's leave days in the preceding 12 months.
    If an Employee takes a day of Personal / Carer's Leave either immediately before or after a Public Holiday, or immediately before or after a period of annual leave, they will be required to produce an appropriate medical certificate.

    20.A Family and Domestic Violence Leave

    MTA recognises the negative impacts that family and domestic violence can cause in the broader community and the workplace.
    MTA supports efforts to reduce the impact of family and domestic violence and will provide employees experiencing the effects of family and domestic violence with up to 5 days of unpaid family and domestic violence leave each 12 month period. This leave:

  • doesn't accumulate from year to year if it isn't used
  • is available in full when an employee commences employment with MTA
  • renews in full at the start of each 12 month period of employment
  • can be taken as a single continuous period or separate periods of one or more days.

    These leave days could be taken to attend medical appointments, counselling, legal proceedings, relocation activity and/or any other activities related to the effects of family and domestic violence.
    If an Employee is supporting an immediate family member or a member of their household experiencing the effects of family and domestic violence, they may apply for carer's leave.

    24. Daily Travel Time

    (b) Employees will be required to travel to and from the job site in their own time each day in accordance with this clause to a maximum of 120 minutes per day. For travel time in excess of 120 minutes per day Employees will be paid at their ordinary hourly rate. This is irrespective of the type of vehicle driven.
    (c) Travel between worksites within any day or shift will be considered on duty.
    (d) Employees with Company provided vehicles will be expected to transport other Employees to work locations. Employee's who are required to be transported by a Company vehicle (driven by another Employee) will be required to organise to meet with the vehicle at a designated and agreed car park along the route to the job. The location of the meeting point should not require the Company vehicle to backtrack or be unreasonably diverted from the direct route to the job.

    Schedule 2: Allowances

    Travel Allowance
    Capital Cities $200 $240
    Regional NSW $170 $190
    High Cost Country $200 $240

    Partial Daily Travel Allowance Meals and Incidentals Only
    Capital Cities $85 $90
    Regional NSW $75 $90
    High Cost Country $85 $90

    Notes:
    *Where the allowance is insufficient to meet accommodation costs, the Company will consider an increased payment if accommodation is not booked by the Company. Evidence of the accommodation spend must be provided and prior approval will be required in advance.


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