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TELSTRA CORPORATION
GENERAL CONDITIONS OF EMPLOYMENT AWARD 1998

AWARD SUPERCEDED IN 1998 SEE LATEST ISSUE

T0839 Con M Print Q2734
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:

1 - TITLE

This award shall be known as Telstra Corporation General Conditions of Employment Award 1998.

2 - ARRANGEMENT

[see index above]

3 - DEFINITIONS

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.

4 - PARTIES BOUND

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.

6 - DURATION

This award shall come into operation on and from 30 June 1998 and remain in force for a period of twelve months.

7 - STAFF

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.

8 - ADVANCEMENT/PROMOTION APPEALS

Selection criteria
(1) Selection for advancement/promotion or temporary performance shall be on the ground of relative efficiency or equal efficiency and seniority.

Right of appeal
(2) Subject to this clause, an employee (except for executive level classifications) may appeal against:
(a) The provisional promotion of an employee provided the appellant is of a lower classification than that to which the provisional promotion is made;
(b) a direction for temporary performance by an employee provided the appellant is available and both employees are of lower classification than that prescribed for the duties to be performed; or
(c) the selection of an employee to undertake a course of training at the completion of which an employee is promoted, except where the selection is based solely on the result of a competitive examination.
Appeals in relation to paragraph 8(2)(a) and (c) must be received by the Promotions Appeal Board on the 21st calender day following formal notification of the provisional promotion. The appeal must be received prior to 4.00 p.m. Melbourne time irrespective whether it is Eastern Standard Time or Daylight Saving Time in Melbourne.

Grounds of appeal
(3) An appeal against a provisional promotion and temporary performance may be lodged by an employee on the ground of superior efficiency or equal efficiency and seniority.

Determination of appeal
(4) Upon appeal(s) being made, a promotions appeal board shall make a full enquiry into the claims of the appellant or appellants and the claims of the employee, and determine such appeal(s). The corporation shall take such action as necessary to give effect to the promotions appeal board determination.

Promotions appeal boards
(5) (a) There shall be established, as required, promotions appeal boards whose function will be to hear and determine appeals in accordance with procedures agreed between the parties.
(b) A promotions appeal board shall be constituted by:
(i) A Chairperson, being a person selected in accordance with procedures agreed between the Corporation and the staff organisation whose membership includes the largest number of employees of the Corporation.
(ii) an employee nominated by the corporation for the purpose of the appeal; and
(iii) an employee nominated by the appropriate staff organisation prescribed under clause 32 of this award.

Conduct of inquiries
(6) A promotions appeal board shall exercise its power having regard to the principles of natural justice including procedural fairness.

9 - FIVE DAY WORKING WEEK

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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