Telstra Corporation General Conditions Award 2001.
1. Title 2. Arrangement 3. Definitions 4. Parties bound and application 5. Inconsistency with act and determinations 6. Operation 7. Duration 8. Contract of employment 9. Five day working week 10. Overtime 11. Overtime - minimum payment 12. Payment for public holiday work 13. Christmas day 14. Sunday work 15. Saturday work - shift workers 16. Saturday work - other than shift workers 17. Shift work 18. Emergency work 19. Excess travelling time 20. Meal allowance 21. Higher duties 22. Essential customer servicing 23. Annual leave 24. Deductions from annual leave 25. Personal / Carer's Leave 26. Increments Schedule A Schedule B Schedule C Schedule D
3.1 Telstra means the Telstra Corporation Limited.
3.2 Determination means a determination made pursuant to the General Power of Attorney of the Telstra Corporation Limited dated 31 January 1992.
4. PARTIES BOUND AND APPLICATION
4.1 This award is binding on:
4.1.1 The following unions, their officers and members, to the extent that in another award, it is provided that the provisions of a clause or clauses of this award will apply:
4.2 Telstra in respect of employees employed by Telstra in a classification described in one of the specific conditions of employment award at Appendix A.
5. INCONSISTENCY WITH ACT AND DETERMINATIONS
Where the provisions of this award are inconsistent with the Telstra Corporation Act 1992, as amended from time to time, or any determination made by Telstra then the provisions of this award will prevail.
This award replaces and wholly supersedes the Telstra Corporation General Conditions of Employment Award 1998.
This award will come into operation on 28 March 2001 and will remain in force for a period of six months.
8.1 Telstra will on the engagement of a full time or part time employee, provide the employee with a written statement. The statement will inform each employee whether they are to be full-time or regular part-time. Where Telstra engages an employee for a fixed term this will be indicated in the written contract. Such fixed term employee may be engaged for a specific period of time or for specific task/s. The details of the specific period of time or specific task/s will be included in the written statement.
8.2 Regular part-time staff
8.2.1 Telstra may employ regular part-time employees in any job.
8.2.2 A regular part-time employee is a person who:
8.2.2(a) works less than full-time hours; and
8.2.2(b) has reasonably predictable hours of work; and
8.2.2(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
8.2.3 At the time of engagement, Telstra and the regular part time employee will agree in writing on a regular pattern of work specifying:
8.2.3(a) the ordinary hours worked each day;
8.2.3(b) which days of the week the employee will work;
8.2.3(c) the actual start and finish times; and
Any agreed variation to the regular pattern of work will be recorded in writing.
8.2.4 Except as provided in clause 8.2.5, the actual weekly hours and ordinary hours of duty agreed in accordance with clause 8.2.3 will not be varied, amended or revoked without the written consent of the employee.
8.2.5 The actual hours to be worked in a particular week may be varied by an oral agreement to which the employee willingly consents provided that the total hours to be worked in that week are not changed. Any variation extending beyond a particular week will only be with the written consent of the employee.
8.2.6 A regular part-time employee will be paid for all ordinary hours worked at the ordinary hourly rate of pay for a full time employee.
8.2.7 A full time employee may revert to part time if agreed by the manager. The agreement will specify:
8.2.7(a) the agreed period of part time employment;
8.2.7(b) the ordinary hours worked each day;
8.2.7(c) which days of the week the employee will work;
8.2.7(d) the actual start and finish times; and
8.2.7(e) the method by which the hours may be varied.
8.2.8 An employee who reverts to part time in accordance with 8.2.7 will not be required to revert to full time employment during the agreed period, nor will Telstra be required to convert such an employee to full time employment during the agreed period of part time employment At the end of the agreed time the employee will revert to full time employment unless there is another agreed period of part time work. Any arrangement made, will all be in accordance with 8.2.3 above.
9.1 The hours of work to be worked per week by an employee in any particular branch or section of Telstra may be so arranged as to confine these hours to five days per week, i.e. Monday to Friday.
9.2 Provided that should it be necessary to require the attendance in rotation of an employee on a Saturday during the hours he/she would normally have been required to work but for this clause, the employee will be allowed time off, in the following week if practicable, equivalent to the time of such attendance.
10.1 An employee may be required to work reasonable overtime.
10.2 An employee's ordinary hourly rate of pay for calculating overtime will include temporary assignment allowance when applicable.
10.3 Except with a manager's approval, the occupants of positions the minimum salary of which exceeds the salary specified in Schedule B will not be eligible to receive any overtime payment.
10.4 An employee will receive payment for overtime work calculated at their ordinary rate of pay for time worked rounded to the next fifteen minutes of the total amount of overtime to be claimed in each fortnightly pay period, provided no-one is paid more than once for any overtime worked.
10.4.1 Payment for over time worked Monday to Saturday will be as follows:
At time and one half for the first three hours and double time thereafter.
10.4.2 Payment for overtime worked on a Sunday will be as follows:
Between midnight Saturday and midnight Sunday - double time for all time worked.
10.4.3 Payment for overtime worked on a Public Holiday will be as follows:
At double time and one half for all time worked.
10.5 Shift Workers
10.5.1 For overtime worked on a Saturday by Saturday shift workers as defined in clause 15 - Saturday work-Shift workers payment will be at double time.
10.6 Overtime Minimum Payment
10.6.1 In the case of an overtime attendance not continuous with ordinary hours, and in circumstances where this clause applies, overtime payment will be subject to clause 11 - Overtime-minimum payment.
11. OVERTIME - MINIMUM PAYMENT
11.1 Minimum overtime payment - non restriction situations.
11.1.1 Subject to this clause, where an employee is required to work overtime not continuous with ordinary work (excluding meal breaks), he/she will receive a minimum overtime payment for four hours at the applicable rate for each separate overtime attendance.
11.2 Minimum payment - restriction situations.
11.2.1 If a employee is in a restriction situation covered by clause 22 - Essential customer servicing, and is required to report to his/her worksite or a customer's premises:
11.2.1(a) they will receive a minimum overtime payment for three hours (in lieu of four hours as prescribed in 11.1.1); but
11.2.1(b) where more than one attendance is involved, the minimum overtime payment will (subject to a minimum payment of three hours) not exceed the overtime payment that an employee would have received had they remained on duty for the entire time.
11.2.2 This clause will not apply to work covered by clause 18 - Emergency work.
11.3 When overtime attendance not continuous with ordinary work involves work both before and after midnight, the minimum payment for the whole of the attendance will be at least equal to the minimum payment applicable to one day. Where a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.
12. PAYMENT FOR PUBLIC HOLIDAY WORK
12.1 Payment for work on a public holiday
12.1.1 Subject to this clause, for rostered holiday work not exceeding the prescribed weekly hours, an employee will be entitled to extra payment at time and a half for time actually worked on the holiday.
12.1.1 Subject to this clause, for rostered holiday work not exceeding the prescribed weekly hours, an employee will be entitled to payment at double time and a half (inclusive of the payment contained in clause 12.7) for time actually worked on the holiday.
12.1.2 The minimum extra payment payable under 12.1.1 for each separate attendance will be:-
12.1.2(a) four hours for staff who are not in a restriction situation covered in clause 22 - Essential customer servicing.
12.1.2(b) three hours for staff in a restriction situation covered in clause 22 - Essential customer servicing.
12.2 Where more than one attendance is involved, the minimum payment provision will (subject to a minimum payment of three hours) not operate to increase an employee's extra remuneration beyond that payable had the employee remained working from the commencing time his/her ordinary hours of work on one attendance to the ceasing time of work on a subsequent attendance.
12.3.1 For the purposes of clause 12.2,
12.3.1 a period of work broken only by a meal break will not constitute more than one attendance; and
12.3.2 the minimum extra payment will not apply to ordinary rostered work on a holiday which, disregarding meal breaks, is continuous with ordinary work occurring on the day preceding or on the day succeeding the holiday.
12.4 Notwithstanding the provisions of 12.1 and 12.2 an employee whose salary exceeds the salary specified in Schedule B to this award will not be eligible to receive any public holiday payment.
12.5 In accordance with 12.6, and subject to 12.5.1 and 13, a full-time employee who works a non-standard working week, will receive compensation for public holidays prescribed in 12.7 when such a public holiday is observed on a non-working day.
12.5.1 For an employee whose regular roster includes work between Monday and Friday only, 12.5 will not apply in respect of public holidays that are observed on Saturdays or Sundays.
12.6 For the purposes of 12.5:
12.6.1 an employee who works a non-standard working week means an employee whose ordinary hours of work fall into one or more of the following roster arrangements:
12.6.2 Compensation will be either:
12.6.4 Except for a 12 hour shift worker, the calculation of an additional day's pay will be based on the daily average of the ordinary weekly hours excluding penalties. For example, for an employee working a 9 day fortnight at ordinary hours of 8 hours 10 minutes per day, the daily average of the ordinary weekly hours will be 8 hours and 10 minutes.
12.6.5 An additional day's pay for a 12 hour shift worker will be 8 hours 10 minutes.
12.6.6 Where a public holiday is observed for only part of a day, the compensation defined in 12.6.2 will be adjusted proportionately.
12.6.7 Where a full-time employee is rostered to work a shift where only part of the ordinary hours of the shift or shifts fall on a public holiday, the compensation defined in 12.6.2 will be adjusted proportionately."
12.7 For the purpose of this clause a full time or part time employee is eligible to observe the following public holidays, without loss of pay:
12.7.1 In addition to the holidays prescribed in 12.7, full-time employees are eligible to one additional public holiday without loss of pay.
12.8 Part-time employees are eligible for public holidays in accordance with 8.2.2(c).
12.9 Where in a State or Territory or locality within a State or Territory an additional public holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout the State or Territory or locality thereof, other than persons covered by Federal awards, or where such proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day will be deemed to be a holiday for the purposes of this award, for employees who are employed in the State, Territory or locality in respect of which the holiday has been proclaimed or ordered as required.
13.1 For work performed on 25 December, an employee will receive payment at the rate of 250%.
13.2 Where a Christmas Day falls on a Saturday or Sunday, an employee who works on that Saturday or Sunday will be paid at the public holiday rate for work on Christmas Day.
13.3 Where an employee has worked on Christmas Day and then works on the substituted day he/she will receive the applicable rate for Saturday or Sunday for the substituted day.
14.1 Sunday work not in excess of ordinary hours
Sunday work not in excess of an employee's ordinary hours, payment will be made at the rate of 200%. Sunday payment will be made for any work performed between midnight on Saturday and midnight on Sunday.
14.2 Overtime on a Sunday
Overtime worked on a Sunday will be paid in accordance with 10.4.2.
Provided that, in the case of a Sunday overtime attendance not continuous with ordinary duty, the payment so resulting will be subject to the minimum overtime payment provisions contained in clause 11 - Overtime - Minimum payment.
14.3 Time off for work on a Sunday
An employee who has been required to work a full days overtime on a Sunday, will, wherever practicable, be granted a day off during the next six succeeding days. In such cases the payment for the Sunday worked will be one days pay.
14.4 Conscientious objections
If an employee who is required to attend for work on a Sunday has conscientious scruples against Sunday work, he/she may request to furnish a substitute.
14.5 Salary barrier
An employee who is not eligible for payment in accordance with clause 10.3, will not, except with the approval of Telstra, be entitled to be paid for overtime worked on a Sunday.
14.6 Annual leave
The additional payment for work performed on a Sunday as part of ordinary hours, as provided in 14.1, will be paid to an employee who would have performed such work had he/she not been on approved annual leave.
15. SATURDAY WORK - SHIFT WORKERS
15.1 Payment for Saturday work
15.1.1 For all rostered ordinary hours worked between midnight on Friday and midnight on Saturday by an employee to whom this clause applies, payment will be made at the rate of half-time additional to his/her ordinary rate of pay.
15.1.2 The provisions of this clause will apply to an employee who performs work on:
15.1.2A alternating or rotating shifts involving the performance of rostered work:
15.1.2A(i) commencing before 6.30 a.m. or terminating after 6.30 p.m. or at or before 8.00 a.m. Monday to Friday; or
15.1.2A(ii) terminating at or before 8.00 a.m. or after 1.00 p.m. on Saturday; or
15.1.2A(iii) a constant shift involving the regular performance of ordinary work after 1.00 p.m. on Saturday; or
15.1.2A(iv) a shift which, but for its being worked continuously with the approval of Telstra or to suit Telstra's convenience, would fall within the terms of clause 15.1.2A
15.2 Overtime
15.2.1 Overtime work performed on a Saturday by an employee working in accordance with this clause, will be paid double time.
15.3 Annual leave
15.3.1 The additional payment for rostered ordinary hours of work, as provided by this clause, will be paid to an employee who would have performed such work had he/she not been on approved annual leave.
15.4 Calculation of payment
16. SATURDAY WORK - OTHER THAN SHIFT WORKERS
16.1 Payment for Saturday work
16.1.1 Except as provided in 16.1.2, for all rostered ordinary hours of work performed on a Saturday, payment will be made at the rate of 40% additional to the ordinary rate of pay.
16.1.2 The provisions of this clause will not apply to work that is covered by clause 15 - Saturday work - Shift workers.
16.2 Annual leave
16.2.1 The additional payment for rostered ordinary hours of work, as provided by this clause, will be paid to an employee who would have performed such work had he/she not been on approved annual leave.
16.3 Calculation
17.1 Payment for shift work
17.1.1 An employee who is rostered to perform and performs ordinary hours of work on a shift, any part of which falls between the hours of 6.00 p.m. and 6.30 a.m. will be paid an additional 15% of his/her salary for that shift.
17.1.2 Where an employee is required to work his/her ordinary hours continuously for a period exceeding four weeks on a shift falling wholly within the hours of 6.00 p.m. and 8.00 a.m., he/she will be paid with respect to that shift an additional 30% of his/her salary for that shift.
17.1.3 The additional payment prescribed by this clause will not be taken into account in the computation of overtime or in the determination of any allowance based upon salary, nor will it be paid with respect to any shift for which any other form of penalty payment is made under this award or under the provisions of the general determination.
17.2. Annual leave
17.2.1 The additional payment for rostered ordinary hours of work, as provided by this clause, will be paid to an employee who would have performed such work had he/she not been on approved annual leave.
17.3 Calculation of payment
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