TELSTRA CORPORATION
GENERAL CONDITIONS OF EMPLOYMENT AWARD 1998
SENIOR DEPUTY PRESIDENT MACBEAN
T0839 Con M Print Q2734
SENIOR DEPUTY PRESIDENT WATSON
COMMISSIONER HINGLEY
SYDNEY, 30 OCTOBER 1998
Award simplification
VARIATION TO ORDER
A. Pursuant to a Full Bench decision issued on 30 October 1998 [Print Q8133],
the order issued by Commissioner Lewin on 30 June 1998 in Print Q2734 is varied as follows:
1. By deleting from clause 2 the following:
Advancement/promotion appeals 8
Representation on promotions appeal boards 32
and replacing them with the following:
Deleted clause 8
Deleted clause 32
2. By deleting clause 8 and inserting the following:
8 - DELETED CLAUSE
3. By deleting clause 32 and inserting the following:
32 - DELETED CLAUSE
4. By deleting clause 33 and inserting the following:
33 - SAVINGS CLAUSE
Nothing in this award shall in itself operate to reduce the conditions of
employment of an employee which were in existence immediately prior to or at
the commencement of this award in respect of allowable matters.
B. This award shall come into operation on and from 30 June 1998 and remain in
force for a period of twelve months.
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations and Other Legislation Amendment Act 1996
Schedule 5, Item 49(1)
Workplace Relations Act 1996
s.113 application for variation
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia
(C No. 33634 of 1998)
TESLTRA CORPORATION GENERAL CONDITIONS OF EMPLOYMENT AWARD 1996
(ODN C No.C30035 of 1996) [Print N0453 [T0839]]
Various employees
Telecommunications services industry
COMMISSIONER LEWIN MELBOURNE, 30 JUNE, 1998
Award Simplification
ORDER
A. Further to the decision of the Commission issued on 30 June 1998 [Print Q2720] the
above award is varied as follows:
By deleting all clauses and schedules to the award and inserting the following:
This award shall be known as Telstra Corporation General Conditions of Employment Award 1998.
[see index above]
In this award:
"Corporation" means Telstra Corporation Limited.
"Determination means a determination made pursuant to the General Power of Attorney
of the Telstra Corporation Limited dated 31 January 1992.
This award shall be binding upon:
(1) The organisations named in schedule D, their respective officers and members,
being the claimant organisations, to the extent that in another award, it is provided that the
provisions of a clause or clauses of this award shall apply.
(2) The corporation in respect of employees to the extent that in another award it is
provided that the provisions of a clause or clauses of this award shall apply.
5 - INCONSISTENCY WITH ACT AND DETERMINATIONS
(1) This award shall be read in conjunction with the Telstra Corporation Act 1991 as
amended from time to time and determinations.
(2) Where the said Act and determinations are inconsistent with the provisions of this
award the latter shall prevail.
This award shall come into operation on and from 30 June 1998 and remain in force for a period of twelve months.
The Corporation may appoint a person as an employee, or transfer or advance/promote
an employee within the Corporation provided that such appointment, transfer or
advancement/promotion is made in accordance with the provisions of this award.
(1) All employment will be as an employee;
(2) an employee will be engaged on a full-time or part-time basis or as a casual or
fixed term employee where prescribed by the relevant specific conditions of employment
award/agreement;
(3) salaries although expressed as annual rates will, for the purposes of employment
be payable fortnightly;
(4) an employee is entitled to retire from the employment of the Corporation on or
after attaining the age of 55 years; and
(5) an employee's employment with the Corporation shall normally cease when the
employee attains the age of 65 years.
The hours of duty to be worked per week by employees in any particular branch or
section of the corporation may be so arranged as to confine these hours to five days per week,
i.e. Monday to Friday.
Provided that should it be necessary to require the attendance in rotation of employees
on a Saturday during the hours they would normally have been required to work but for this
clause, they shall be allowed time off, in the following week if practicable, equivalent to the
time of such attendance.
10 - OVERTIME - GENERAL CONDITIONS RE PAYMENT
Payment for overtime shall be subject to the following conditions:
(1) The overtime is worked by the previous direction of the officer-in-charge or other
employee authorised by the corporation or (if the circumstances do not permit of previous
direction) is subsequently approved in writing by the officer-in-charge or employee authorised
by the corporation.
(2) An employee's salary for the purpose of computation of overtime shall include
higher duties allowance and/or any allowance in the nature of salary.
(3) Overtime shall be calculated to the nearest quarter of an hour of the total amount
of overtime to be claimed in each fortnightly period.
(4) The hourly rate for overtime payment shall be ascertained by applying the
following formulae:
(a) Time and a half rate:
Annual salary x 6 x 3
313 Prescribed weekly x 2
hours before
overtime is payable
(b) Double time rate:
Annual salary x 6 x 2
313 Prescribed weekly x 1
hours before
overtime is payable
(5) For the purpose of the last preceding subclause the "prescribed weekly hours
before overtime is payable" shall be 36-3/4 unless otherwise specifically provided.
(6) (a) Except with the approval of the corporation, the occupants of positions, the minimum salary of which exceeds the salary shown in schedule A shall not be eligible to receive overtime payment.
Provided that the occupants of positions, the minimum salary of which did not, on 23 April 1981, exceed $22640 shall be eligible to receive overtime payment.
(b) Employees who occupy positions of Manager or Executive will not be eligible for payment of overtime.
(7) Payment for overtime calculated for any period in accordance with the provisions
of this clause shall not be subject to any fortnightly limitation in amount.
(8) Payments for overtime shall be made under the conditions prescribed by the
corporation where not inconsistent with this clause.
(9) In case of an overtime attendance not continuous with ordinary duty, and in
circumstances where overtime rates are payable, the payment which would otherwise be due,
shall be subject to the minimum overtime payment provisions contained in clause 11 of this
award.
11 - OVERTIME - MINIMUM PAYMENT
(1) Subject to this clause, where an employee is required to perform overtime duty,
and such duty is not continuous with ordinary duty, the minimum overtime payment payable
for each separate overtime attendance shall be for four hours at the prescribed overtime rate.
(2) For the purposes of determining whether an overtime attendance is or is not
continuous with ordinary duty, or is or is not separate from other duty, meal periods shall be
disregarded.
(3) Where an overtime attendance not continuous with ordinary duty, involves duty
both before and after midnight, the minimum payment provisions of this clause shall be
satisfied when the total payment for the whole of the attendance equals or exceeds the
minimum payment applicable to one day. Where a higher overtime rate applies on one of the
days, the minimum payment shall be calculated at the higher rate.
(4) The provisions of this clause shall apply to overtime duty performed by
employees whilst in any restriction situation specified in clause 22 of this award except
passive duty or duty officer, provided that:
(a) The minimum overtime payment payable should be for three hours (in lieu
of four hours as prescribed in subclause (1) of this clause); and
(b) Where more than one attendance is involved, the minimum overtime
payment provision shall, (subject to a minimum payment of three hours) not
operate to increase an employee's overtime remuneration beyond that to
which they would have been entitled had they remained on duty from the
commencing time of duty on one attendance to the ceasing time of duty on a
subsequent attendance.
(5) The provisions of this clause shall not apply to duty which is covered by clause 18
of this award.
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