TELSTRA CORPORATION
GENERAL CONDITIONS OF EMPLOYMENT AWARD 1998
25 - ANNUAL LEAVE - ADDITIONAL PAYMENT
(1) Notwithstanding anything contained in this award an employee shall be entitled in
respect of annual leave in addition to any other sum payable to them for such leave except
payments referred to in paragraph (b) hereunder to payment of the greater of the following (a)
or (b).
(a) A sum equal to 17-1/2% of the salary of an employee as at 1 January of the
year in which the leave accrued for the period of leave accrued subject to a
maximum payment of the equivalent of the statistician's average weekly
earnings per employed male unit (original - Australia) for the September
quarter of the year preceding the year in which the date of accrual occurs.
Provided that where an employee commenced employment after 1 January
of any year and their services are terminated before the end of that calendar
year their salary for purposes of this subclause shall be 1 January equivalent
to the salary payable to them upon the commencement of their employment.
(b) Any additional payments to which they are entitled for shift Saturday or
Sunday duty not in excess of prescribed weekly hours which they would
have performed had they not been on approved annual leave.
(2) Payments to which an employee is entitled pursuant to paragraph (1)(a) hereof
shall be reduced by any amounts payable to them pursuant to the provisions of subclauses
14(7), 15(6) 16(5) and 17(5) of this award or any like provision in any other award or
determination.
(3) Payment of entitlement under this award shall be made:
(a) to an employee who takes leave pursuant to a roster or a close-down at the
time of payment to them for such leave;
(b) to an employee not covered by paragraph (3)(a) with the payment made to
them for leave following a request by them for such payment made with an
application by them for at least one week of the annual leave to which such
entitlement relates.
(4) An employee whose services terminate for any reason and who is entitled to
payment in lieu of accumulated annual leave or in lieu of leave on a pro rata basis shall be
paid in accordance with subclauses (1) and (2):
(a) in respect of the balance of their annual leave credit for which the amount
prescribed by the said subclauses (1) and (2) has not been paid; and
(b) in respect of leave calculated on a pro rata basis for the number of
completed months of continuous service between the date of the last accrual
and the date on which their service terminates provided that the maximum
payment shall be in the proportion that such number of months bears to
twelve months.
(5) As to an employee who because of annual leave close-down provisions has an
annual leave accrual date of 1 December:
(a) The date 1 January appearing in subclauses (1) and (6) hereof shall be read
as 1 December;
(b) the expression "preceding the year" appearing in paragraph (1)(a) shall be
deemed to be omitted.
(6) Salary for the purpose of calculating entitlement under paragraph (1)(a) includes any additional payments which the employee would have received if they had commenced leave on 1 January of the year in which the leave accrued other than payments referred to in paragraph (1)(b).
26 - ANNUAL LEAVE - SEVEN DAY SHIFT WORKERS
(1) In addition to the period of annual leave prescribed in clause 23 of this award,
seven day shift workers, that is, shift workers who are rostered to work regularly on Sundays
and holidays, shall be allowed seven consecutive days leave including non-working days.
(2) Where a seven day shift worker is rostered to perform the duties on less than ten
Sundays during the period in respect of which their annual leave accrues they shall not be
entitled to additional leave under subclause (1) but shall be granted additional leave at the rate
of one tenth of a working week in respect of each Sunday so rostered.
(3) Rostered Sunday overtime shifts shall not count for the purpose of subclauses (1)
and (2) where such shifts are of less than three hours duration:
Provided that rostered overtime shift which commences on a Saturday and extends into
Sunday or commences on a Sunday and extends into Monday shall be deemed to be a Sunday
overtime shift for the purposes of this subclause.
(4) The annual leave prescribed by this clause shall be exclusive of holidays.
(5) Where leave due under the provisions of subclauses (1) and (2) is not granted
before the termination of employment it shall be discharged in a similar manner to leave
accrued under clause 23 of this award.
(6) Where the period of additional leave to be allowed under subclause (2) of this
clause includes an amount of less than one day, and corporation working arrangements so
require, the corporation may determine that amount shall be carried forward to the following
year.
(7) In any uncompleted year of service an employee who resigns or whose services are terminated shall be eligible for payment in lieu of annual leave accrued under the provisions of this clause in addition to any pro rata entitlement under the provisions of clause 23 of this award.
27 - AFTER HOURS DUTY AWAY FROM NORMAL WORKSITE
Employees may be required to perform duty away from their normal worksite after hours either via remote terminals or by providing technical advice over the telephone.
Conditions
(1) (a) Employees will only be requested to perform duty away from their normal
worksite either via remote computer terminals or by providing technical
advice over the telephone in order to restore essential services to customers
in emergency circumstances. This clause is not intended to restrict or limit
the exercising of an employee's proper discretion as to whether there is a
need to return to the place of work in order to restore the essential services.
(b) If a fault cannot be fixed from home and the employee concerned is required
to return to their worksite to rectify the fault, then normal recall duty to
emergency duty provisions shall be applied from the time of the receipt of
the call in lieu of payment for working from home in the following manner:
- provisions of subclause 22(8) shall apply to employees placed in the
restriction situation specified in paragraph (2)(a) hereof;
- provisions of clause 18 - Emergency duty, shall apply to employees
not placed in a restriction situation.
(c) Except with the approval of the corporation the occupants of positions
which are not eligible for payment in accordance with subclause 10(6) shall
not be eligible to receive payment under this clause.
(d) Employees contacted twice to perform duty within the specific minimum
time payment will not be eligible for a second payment. Calls will normally
be directed to the specialist who would normally be contacted during these
emergencies and will not be directed to a person for the sole reason that they
may have already been contacted within the minimum time period.
(e) Employees who are called upon to perform duty at home which can be
effectively performed at home but who elect to perform the work at their
workstation will only be eligible for payment as if the work was performed
at home.
Payment
(2) Payment will be made depending on the restriction of the employee:
(a) An employee may be placed in a restriction situation under which the
employee is required to remain contactable and available to commence work
within 30 minutes of being contacted, unless special circumstances exist.
A restriction allowance shall be paid as shown in the item, Duty away from
normal worksite allowance of schedule C.
If required to perform duty at home, payment at the appropriate overtime
rates will be made for actual time worked subject to a minimum of one hour.
(b) Employees who are not placed in a restricted situation in accordance with
paragraph (2)(a) herein and are contacted to perform duty at home shall
receive payment at double time for actual time worked subject to a
minimum payment of one hour.
Rest relief
(3) The current rest relief provisions in respect to emergency duty will apply to duty
performed under the abovementioned conditions.
In the case of illness of an employee the corporation may, on production of satisfactory
medical evidence, grant the employee leave of absence. Provided that sick leave may be
granted for up to five days in any sick leave year without medical evidence provided that no
continuous period of sick leave exceeds three days.
The grant of leave shall be subject to the following conditions:
(1) Except as otherwise provided in this clause, the basis for determining the leave
which may be granted shall be ascertained by crediting the employee with the following
periods, such leave to be cumulative:
Leave on full pay Leave on half pay Working weeks Working weeks
On date of permanent appointment 2 2
On completion of twelve months service 2 2
On completion of each additional
twelve months service 2 2
Provided that:
The Corporation may grant additional sick leave to an employee, who, during their first ten years of permanent service exhausts their sick leave credit on full pay accrued on the basis of the foregoing provision,. to the extent of a years credit in anticipation of their sick leave next accruing.
Additional sick leave granted in pursuance of this subparagraph shall be subject to the same conditions as are applicable to sick leave granted in accordance with an employee's normal sick leave credit.
(2) Sick leave availed of by an employee shall be debited against their credit of sick
leave:
Provided that sick leave availed of by an employee on a public holiday which, but for
the sick leave they would have observed, shall not be debited.
(3) Where in the case of an employee with long service, the corporation considers that
such treatment is justified, the corporation may:
(a) other than where short absences are involved, allow an employee to convert
to leave on full pay so much of their credit of leave on half pay as is
necessary for the employee's immediate purposes;
(b) where leave on pay is exhausted, grant additional leave on half pay.
(4) The maximum period allowable with pay in respect of any continuous absence
through illness shall be 52 weeks.
(5) Where an employee has exhausted all leave allowable with pay, they may be
granted leave without pay:
Provided that, in respect of any continuous period of absence, leave with and without
pay shall not exceed 78 weeks.
(6) The retirement of an employee on the grounds of invalidity shall not, except with
the consent of the employee, be effected earlier than the date on which the employee's credit
of leave on full pay will be exhausted:
Provided that:
(a) the continuous period for which an employee may be granted sick leave on
full pay immediately prior to retirement shall not exceed 52 weeks;
(b) a further credit of sick leave shall not accrue to an employee subsequent to
the date of the decision to retire them; and
(c) in no case shall an employee be entitled to sick leave extending beyond the
day immediately preceding the sixty-fifth anniversary of their birth.
(7) Employees who have been retired on the grounds of invalidity shall if
subsequently reappointed to the corporation be credited upon reappointment with sick leave
credits held immediately prior to retirement.
(8) If an employee falls sick while on annual leave and produces at the time
satisfactory medical evidence, they may be granted, at a time convenient to the corporation,
additional leave equivalent to the period of sickness falling within the scheduled period of
annual leave and the absence will be recorded as sick leave subject to sick leave credits,
provided the employee is, at the time of obtaining the medical certificate, unfit for duty, the
medical evidence so indicates and sick leave for not less than one day is needed.
Subject to the discretion of the corporation to grant leave of absence under this clause, an employee shall be entitled to a maximum of three days leave of absence on the occasion of the death of a spouse, parent, brother, sister or child of the employee.
30 - DEDUCTIONS FROM ANNUAL LEAVE
Where an employee is absent from duty on authorised leave without pay (other than sick leave) and a reduction of annual leave is incurred thereby, such leave shall not be reduced by more than one and two-third days for each calendar month of such absence within any calendar year.
(1) Employees shall be entitled to annual increments within the scale of rates of salary
fixed for the position occupied subject to a Determination issued by the Corporation.
(2) Employees covered by an award to which this clause applies, occupying positions
for which the corporation has determined conditions of advancement shall be subject to the
conditions of advancement so determined, and those conditions shall be incorporated and read
as one with that award.
(3) The provisions of subclause (1) shall not apply to an employee under 21 years of
age occupying a position in respect of which a rate of salary payable according to age is
prescribed, except in those cases where such an employee, having complied with a condition
of advancement determined by the corporation in respect of that position, is paid the
prescribed rate for that position payable to an employee who has attained the age of 21 years.
32 - REPRESENTATION ON PROMOTIONS APPEAL BOARDS
(1) The organisation to be represented on a promotions appeal board as constituted
under clause 8 of this award in respect of an appeal against a provisional promotion or
temporary performance direction to a position included in a group specified in column 1 of
schedule E to the award shall be the organisation specified in column 2 of schedule E.
(2) If a position is not specified in column 1 of schedule E, the corporation shall
determine the appropriate organisation to be represented on a promotions appeal board.
Should a dispute arise in respect of such a determination, the dispute shall be referred to the
Australian Industrial Relations Commission for decision.
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.
(Salary Barrier)
$48,487 ppc 13 Jun 96 $49,699 ppc 19 Sep 96 $51,190 ppc 20 Mar 97
$14.15 (meal allowance)
(On Call Allowance) $6.22 per night $15.59 day and night (After hours duty away from normal worksite allowance) $12.42 per night $31.19 per day and night
Claimant organisation:
Association of Professional Engineers, Scientists and Managers Australia
(APESMA);
Australian Automotive, Food, Metals, Engineering Printing and Kindred Union
(AFMEU);
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia (CEPU);
Community and Public Sector Union (CPSU);
Media, Entertainment and Arts Alliance of Australia (MEAA).
Column 1 Column 2 Designations and positions comprising the group Appropriate staff organisation Administrative Officer (All Grades) CPSU Assistant Electrical Officer CEPU Electrical Officer (All Grades) Senior Electrical Officer (All Grades) Engineering Services Manager Building Services (All Grades) CEPU Buildings Technical Officer AWU Senior Buildings Technical Officer (All Grades) Principal Buildings Technical Officer (All Grades) Business Sales Officer CPSU Business Sales Representative Senior Business Sales Representative Account Manager Account Executive CPSU Area Sales Manager Demand Sales Supervisor Demand Sales Representative Regional Sales Manager Sales Executive Telltales Manager Telltales Supervisor Telltales Representative Communications Consultant CEPU Communications Officer (All Grades) CEPU Drafting Officer (All Grades) AMWU Senior Drafting Officer (All Grades) Principal Drafting Officer (All Grades) Food Services Attendant (All Grades) CEPU Head Attendant (All Grades) Cook (All Grades) Food Services Manager (All Grades) CEPU Graphic Designer (All Grades) AMWU Senior Graphic Designer (All Grades) Principal Graphic Designer (All Grades) Information technologist (all grades) CEPU Manager (All Grades) CPSU Material Distribution Officer (All Grades) CEPU Media Relations Officer MEAA Senior Media Relations Officer Occupational Health Nurse (Telecom) ANF Operator Services (All Grades) CEPU Production Officer (All Grades) CEPU Professional (All Levels) CPSU Publicity Photographer (Telecom) MEAA Telecommunications Technical Officer (All Grades) CEPU Senior Telecommunication Technical Officer (All Grades) Principal Telecommunications Technical Officer (All Grades) Tradesperson (All Levels) AMWUB. This order shall come into force on and from 30 June 1998 and continue in force for twelve months.
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