12.2.2(c) Shifts shall be so arranged that, as far as practicable, in every period of two weeks a staff member shall cease duty not later than 1.00 p.m. on one Saturday.

12.2.2(d) Except in the case of employees on relief duty, similar commencing and finishing times shall be worked on at least three days in each week. Employees on relief duty shall be employed on straight day duty when not required for relief duty. In this paragraph the expression "employees on relief duty" means employees rostered for the relief of other staff members absent on approved leave or of employees rostered off duty in lieu of Sunday duty.

12.2.2(e) In exceptional cases the shift duty provisions of this subclause may be varied by mutual agreement between the parties.

12.3 Shift work - overtime

12.3.1 Overtime will be payable to full-time, and part-time employees working in accordance with 12.1, for:

12.3.1(a) work performed on any day which is beyond the ordinary hours of shift work for a full-time employee on that day; or

12.3.1(b) work other than specified in 12.2.1 performed in excess of 36.75 hours per week or an average of 36.75 hours per week.

12.3.2 For overtime worked in accordance with 12.2.1 or 12.2.2 payment will be at the rate of 150% for the first three hours and 200% thereafter.

12.4 Work during meal breaks

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

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

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

12.5 Break between shifts

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

12.6 Notice of roster change

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

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

12.8 Where the shift change is caused by the absence of another employee, of which Telstra did not have seven days notice, three days notice will apply in lieu of the seven days notice provided in clauses 12.6 and 12.7.

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

12.10 Exchange of shifts

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

12.11 Sunday duty in excess of ordinary hours

For any time of ordinary rostered work on a Sunday in excess of the ordinary daily hours of work described in this clause, an employee will be paid ordinary time in addition to ordinary pay.

13. MEAL BREAK

No employee shall be required to work for a continuous period of more than five hours without a meal break of no more than one hour and no less than 30 minutes. Changes to work periods shall be made by mutual agreement between the majority of employees in a work group and the manager.

14. OVERTIME

14.1 Telstra may require an employee to work reasonable overtime in accordance with the provisions of this clause.
14.1.1 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:
14.1.1(a) any risk to employee health and safety;
14.1.1(b) the employee's personal circumstances including any family responsibilities;
14.1.1(c) the needs of the workplace or enterprises;
14.1.1(d) the notice (if any) given by Telstra of the overtime and by the employee of his or her intention to refuse it; and
14.1.1(e) any other relevant matter.

14.1.2 Where an employee works his/her ordinary hours in accordance with clause 11 - Hours of work-other than shift workers overtime is payable for:
14.1.2(a) work performed on any day which is beyond the ordinary hours of work for a full-time employee on that day; or
14.1.2(b) work performed on any day outside the span of ordinary hours.

14.1.3 For overtime worked in accordance with 14.2 payment will be made as follows:

14.1.3(a) at the rate of 150% for the first three hours and 200% thereafter for all overtime worked Monday to Saturday.

14.2 Rest relief

14.2.1 Where an employee works overtime between periods of ordinary hours work he/she will have ten consecutive hours off work between these times before commencing his/her next period of ordinary hours work, without loss of pay.

14.2.2 If an employee is required to resume or continue work without ten consecutive hours off work he/she will be paid at 200% until he/she ceases that period of work and will then be eligible to be absent from work until the employee has had ten consecutive hours off work without loss of pay for ordinary hours work scheduled during that absence.

14.3 The provisions of 14.4 and 14.5 will not apply to overtime worked in emergency situations covered by clause 18 - Emergency work, of the GC unless the actual time worked is at least three hours on each attendance.

14.4 The provisions of clause and 14.2.1 and 14.2.2 will not apply to overtime worked immediately prior to the commencement of ordinary work, unless the overtime work is of at least three hours duration.

14.9 Special overtime payments

A staff member, who is employed in any of the following jobs and is required to work overtime between the hours of 11.00 p.m. and 7.00 a.m. will be paid at the rate of 200%.
Telecommunications Officer Grades 1 and 2
Senior Telecommunications Officer Grades 1 and 2
Principal Telecommunications Officer Grades 1and 2
Senior Building Technical Officer Grades1and 2
Principal Building Technical Officer Grade 1, 2
Assistant Electrical Officer
Electrical Officer Grades 1and 2
Senior Electrical Officer Grades 1, 2 and 3
Engineering Services Manager
Production Officer Grade 3

14.9.1 Where relevant technical training is not available in ordinary working hours, a staff member employed in a job in Appendix A, who agrees to undertake such training, will be paid for such time, including reasonable travelling time, in accordance with the provisions of 14.2.

(Note: Refer also to the provisions of clause 10 - Overtime, clause 11 - Overtime minimum payment, clause 12 - Payment for public holiday work and clause 14 - Sunday work of the GC.)

15. ALLOWANCES

15.1 Wearing of breathing apparatus allowance

An employee who is required to work in areas where asbestos is evident will wear respiratory protective equipment supplied by the Company. 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 as specified in Item 1 of Appendix C for each hour worked in such an area.

15.2 Office renovation disability allowance

15.2.1 Where an employee is required to perform work in an existing building undergoing major structural or internal alterations and encounters a significant disability caused by the alterations for two hours or more on a shift, the employee will be paid an allowance as specified in Item 2 of Appendix C.

15.2.2 For the purpose of this clause, a significant disability occurs when an employee encounters, noise, dust, equipment (such as ladders, power cords) and activities which create disturbance.

15.3 Country employees meal allowance

15.3.1 An allowance shown as Item 3 of Appendix C will be paid to an employee at a country station when he/she is away from his/her usual workplace during the midday meal hour, providing that the employee normally returns to his/her home for their midday meal and the manager certifies that the employee was sent away from the usual workplace without notice being given before the employee left home, and without an opportunity of visiting home and arranging for a meal and that the employee was not within 6.4 kilometres of the workplace between the hours of 12.00 p.m. and 2 00 p.m.

15.3.2 An employee will be paid the allowance as provided in 15.3.1 where an employee is required on any day or part thereof to work in snow at least ten centimetres deep.

15.3.3 Where an employee is eligible for an allowance as specified in 15.3.1 and 15.3.2:

15.3.3(a) an employee will only be eligible to claim payment for one country employees meal allowance per day;

15.3.3(b) an employee receiving Travelling Allowance will not be eligible to claim payment for country employees meal allowance;

15.3.3(c) in addition, an employee will be subject to the provisions of clause 20 - Meal allowance of the GC.

15.4 Height allowance

An employee required to carry out work on a tower, mast, guy-rope and all telecommunications structures on the external faces of buildings and parapets, at a height of at least fifteen metres for a minimum of two hours in any day, will be paid a Height Allowance as specified in Item 3 of Appendix C for each such day.

15.5 AXE equipment

Where the usual work location of an employee is altered as a result of the introduction of AXE equipment the employee will be eligible for:

15.5.1 Payment in accordance with Clause 19 - Excess Travelling Time of the GC.

15.5.2 Payment of an amount equal to excess fares incurred in travelling to the new location will apply. In the case where an employee uses a car the Motor Vehicle Allowance will apply less the amount the employee would have travelled to the previous work location.

15.5.3 In other cases reasonable expenses in excess of that which were incurred in travel to the previous work location.

16. RELATIONSHIP TO NATIONAL TRAINING WAGE AWARD 2000

16.1 The parties to this Award shall comply with the terms of the National Training Wage Award 2000 [Print T0813 [N0277]], as varied, as though bound by clause 4 of that Award.

16.2 The terms of the National Training Wage Award 2000, as varied, will apply to the employment under this Award so as to override the salaries in Appendix A and B in the manner specified in clause 5 of the National Training Wage Award 2000, as varied.

17. NOTICE BOARDS

Telstra will permit access to or the erection of notice boards to facilitate communication between employee's and union representatives.

18. EXEMPTIONS

18.1 Except with a manager's approval, the occupants of positions the minimum salary of which exceeds the maximum salary of a Principal Telecommunications Technical Officer Grade 2 will not be eligible to receive any overtime payment under clause 14 of this award or clause 10 - Overtime, clause 11 - Overtime - minimum payment, clause 19 - Excess travelling time; clause 12 - Public holidays, clause 22 - Essential customer servicing allowance, of the GC.

18.2 For the purposes of 18.1 the maximum salary of the Principal Telecommunications Technical Officer Grade 2 will be adjusted on 1 July of each year in accordance with the Safety Net Adjustment decisions (or such like) of the Australian Industrial Relations Commission, during the previous year.

19. SAFETY NET ADJUSTMENTS

The salaries in this award include the arbitrated safety net adjustment payable under the April 1998 Safety Net Review - decision [Print Q1998]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pat set out in the Residuals column of salary tables in Appendix A and B below. This arbitrated safety net adjustment may also be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above, the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over-award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

STATUS

This award as varied to 21 July 2004 (variation PR949797)

Note: variation PR949797 appended to the back of this award.
Note: This award consolidates the Australian Telecommunications Commission Telecommunications Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 1975 [AW765562]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (C No. 00404 of 1998)

AUSTRALIAN TELECOMMUNICATIONS COMMISSION TELECOMMUNICATIONS TECHNICAL AND TRADES STAFF (SALARIES AND SPECIFIC CONDITIONS OF EMPLOYMENT) AWARD 1975 (ODN C No. 01502 of 1975) [Print C6568 [A0133]]

Various employees Telecommunication services

COMMISSIONER LEWIN MELBOURNE, 28 MARCH 2001

Award simplification.

ORDER

A. Further to the decision issued by the Commission on 5 July 2000, [Print S7572] the above award is varied as follows:
By deleting all clauses, schedules and appendices and inserting the following:

AW806451 PR949797 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996 s.113 application for variation

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (C2002/5579)

TELSTRA/CEPU TECHNICAL AND TRADES STAFF (SALARIES AND SPECIFIC CONDITIONS OF EMPLOYMENT) AWARD 2001 (ODN C No. 1502 of 1975) [PR902734 AW806451]

Telecommunications services

COMMISSIONER SMITH MELBOURNE, 21 JULY 2004

Reasonable hours.

ORDER A. Further to the Decision of the Commission on 21 July 2004 [PR949793] the above award is varied as follows.

1. By deleting clause 14.1 and inserting in lieu thereof the following:

14.1 Telstra may require an employee to work reasonable overtime in accordance with the provisions of this clause.
14.1.1 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:
14.1.1(a) any risk to employee health and safety;
14.1.1(b) the employee's personal circumstances including any family responsibilities;
14.1.1(c) the needs of the workplace or enterprises;
14.1.1(d) the notice (if any) given by Telstra of the overtime and by the employee of his or her intention to refuse it; and
14.1.1(e) any other relevant matter.

B. This order shall come into force from the first pay period to commence on or after 5 July 2004 and shall remain in force for a period of six months.

BY THE COMMISSION: