EXPLANATION OF 9 DAY FORTNIGHT

19 December 2012

Ken Hardisty
Divisional Assistant Secretary CEPU

Your Ref: T 12/31: RDO's and 9 Day Fortnight Entitlement

Thank you for your letter received 18 December referencing our previous undertaking relating to access to RDO's and 9 day fortnight arrangements for CT's within Service Delivery Field Regions.

In response to your request for further clarification, I can confirm the following:

• Service Delivery Team Leaders in the CFW workstream classification
• Service Delivery Team Leaders in SD who do not currently work a 9 day fortnight do not gain an entitlement to work a 9 day fortnight if transferring to the Telstra EA 2012-2015 from their individual contract. However, those employees who currently do not avail of a 9 day fortnight are able to apply via the Flexible Working Arrangement policy.
• TW & CFW employees in NC and NITO
• Team Leaders, employees coming off AWA's and new starters.
• Team leaders that do not currently work a 9-day fortnight, new starters and AWA/ITEA employees who choose to revert to the EA do not have an entitlement to a 9 day fortnight under the new EA. However, these employees are able to apply for such an arrangement under the Flexible Working Arrangements Policy.

It is important to note that all employees are eligible to apply for flexible working arrangements (including a 9 day fortnight) through Telstra's Flexible Working Arrangements Policy.

Please feel free to contact me on xx if you wish to discuss further.

NOTES ON EBA BALLOT

Details of EBA Ballot

 Number covered by EBA  23,396  
 Female staff            6,754
 Part Time               1,450
 Casual                    687
 Under 21                  407
 Over 45                 8,047
 No of votes cast       13,312
 No of YES votes        10,690

FAIR WORK DECISION

[2012] FWAA 10404

FAIR WORK AUSTRALIA DECISION

Fair Work Act 2009 s.185-Enterprise agreement
Telstra Corporation Limited (AG2012/8328)

TELSTRA ENTERPRISE AGREEMENT 2012-2015

Retail industry

COMMISSIONER LEE MELBOURNE, 10 DECEMBER 2012

Application for approval of the Telstra Enterprise Agreement 2012-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Telstra Enterprise Agreement 2012-2015 (the Agreement). The application was made by Telstra Corporation Limited (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Association of Professional Engineers, Scientists and Managers, Australia and CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2012. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Annexure A: IN FAIR WORK AUSTRALIA AT MELBOURNE
IN THE MATTER OF THE FAIR WORK ACT 2009 (CTH)

IN THE MATTER OF THE APPLICATION FOR APPROVAL OF THE TELSTRA ENTERPRISE AGREEMENT 2012 - 2015 (AG2012/8328)

SCHEDULE OF UNDERTAKINGS ON BEHALF OF TELSTRA CORPORATION LIMITED

1. Undertakings given in relation to casual rates of pay

1.1 Only those employees classified as Retail Employee Level 1 under the General Retail Industry Award 2012 (Modern Award) (i.e. Band 4i under the proposed Telstra Enterprise Agreement 2012 - 2015 (Agreement), are currently, or will, during the currency of the Agreement, be employed on a casual basis.

1.2 No employees classified at retail Employee Levels 2 - 8 (inclusive) under the Modern Award (i.e. Band 3ii - 2 (inclusive) under the Agreement) are currently, or will, during the currency of the Agreement, be employed on a casual basis.

2. Undertakings given in relation to the calculation of penalty rates for casual employees

2.1 During the currency of the Agreement, employees who work in a Telstra retail outlet on a casual basis will be paid either:
a) those amounts payable for such work under the Agreement; or
b) those amounts payable for such work under the Modern Award, including all transitional arrangements,
whichever is the grater.

3. Undertakings given in relation to store leaders

3.1 During the currency of the Agreement, Telstra undertakes to provide employees who work in a Telstra retail outlet classified as Sales Job Family, Office Based at Band 2 of the Agreement (and correspondingly Level 7 or Level 8 under the Modern Award) either:
a) those amounts payable for such work annually under the Agreement; or
b) those amounts payable for such work annually under the Modern Award, including all transitional arrangements,
whichever is the greater.

4. Undertakings given in relation to the calculation of penalty rates for permanent employees

4.1 During the currency of the Agreement, all full-time or part-time employees who work in a Telstra retail outlet and are classified as Sales Job Family, Office Based at Band 3ii or Band 4i working Sundays, late nights (after 6:00pm Monday to Friday) or public holidays will be paid either:
a) those amounts payable for such work under the Agreement; or
b) those amounts payable for such work under the Modern Award, including all transitional arrangements,
whichever is the greater.