TELECOM GENERAL CONDITIONS OF EMPLOYMENT AWARD 1989
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.
(1) Employees shall be allowed a weekly half-holiday wherever
practicable, subject to the following conditions:
(a) The prescribed weekly hours of duty for an employee whose
ordinary daily shift commences before and extends after 1.00 p.m.
shall as far as possible be so arranged that at least once each
week the employee is not required to commence duty before 12.45
p.m. or is released not later than 1.35 p.m., and is not rostered
to again attend for duty earlier than 10.00 p.m. on that day:
Provided that in any office where the exigencies of public
business render it impossible to release an employee before 2.00
p.m. on the usual weekly half-holiday observed in the locality
where the employee is engaged, the corporation may with the
consent of a majority of the employees concerned authorise the
grant of a weekly half-holiday as from 2.00 p.m. on that day, and
such release shall be taken as compliance with the provisions of
this clause;
(b) Alternatively, an employee may be allowed one day's holiday
per fortnight.
(2) Where the approved hours of duty for an employee do not
include provision for a weekly half-holiday, or its equivalent of
a full day off per fortnight, the employee shall receive as an
addition to their salary, payment for one twelfth of their
prescribed weekly hours at their ordinary rate.
(3)Where an employee is called upon to work on their usual half-
holiday, or its equivalent of a full day off per fortnight, they
shall receive for such duty an extra payment of one twelfth of
their prescribed weekly hours at their ordinary rate, or
alternatively overtime at the prescribed rates, whichever is the
greater.
34 - 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 the provisions of part 5 of the Telecommunications (Salaries)
Staff By-laws as preserved by the general determination.
(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.
36 - REPRESENTATION ON APPEAL BOARDS
PROMOTIONS AND DISCIPLINARY APPEAL BOARDS
(1) The organisation to be represented on a promotions appeal
board as constituted under clause 9 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) The organisation to be represented on a disciplinary appeal
board as constituted under clause 10 of this award in respect of
an appeal by an employee in 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.
(3)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 or disciplinary 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.
An employee who:
(a) Resigned from the corporation to become a candidate for
election as a member of a House of Parliament of Australia or of
a State or of the Legislative Assembly for the Australian Capital
Territory or of the Legislative Assembly of the Northern
Territory;
(b) resigned not earlier than one month before the date on which
nominations for the election closed;
(c)was a candidate at the election and failed to be elected; and
(d)applied within two months after the declaration of the result
of the election to rejoin the corporation's employment, shall be
re-employed, at a classification and salary equivalent to the
classification and salary that applied immediately before the
date upon which the resignation took effect.
The period of absence does not count as service for any purpose
except for sick leave, but does not break continuity of service
for long service leave.
(1)Where an employee sustains physical injury while on duty, and
the corporation has ascertained that the injury was attributable
to the act or omission of some person employed by the corporation
other than the person injured or to the act or omission of a
person not employed by the corporation but who is performing
similar duties to the employee as part of a team and where those
duties are at least in part on behalf of the corporation or the
Australian Government or was the result of a defect in
corporation material or appliances or where physical injury has
been sustained in protecting corporation or Australian Government
property from loss or damage, the employee shall be granted leave
of absence on full pay for the duration of the absence
necessitated by the injury up to a period of four months. If at
the expiry of four months it is shown to the satisfaction of the
corporation that the injured person is unable to resume duty, the
case shall be reported to the corporation for decision as to
whether further leave of absence may be granted and, if granted,
on what terms.
Where leave is granted in accordance with the provisions of this
subclause, such leave shall not be deducted from sick leave at
credit of the employee at the time.
Where physical injury has been sustained under circumstances
falling within the terms of this subclause, the corporation shall
pay the reasonable transport, medical and hospital expenses bona
fide incurred in consequence of the injury.
(2)Where an employee sustains physical injury while on duty under
circumstances that do not bring their case within the terms of
subclause (1) and it is not proved to the satisfaction of the
corporation that the injury is attributable to their serious and
wilful misconduct, the employee shall be granted leave of absence
on half pay for the duration of the absence necessitated by the
injury up to a period of three months, and such leave shall not
be deducted from sick leave at credit of the injured person. If
at the expiry of three months it is shown to the satisfaction of
the corporation that the injured person is unable to resume duty,
the case shall be reported to the corporation for decision as to
whether further leave of absence may be granted, and, if granted,
on what terms.
Where the case of an employee falls within the terms of this
subclause and they have a credit of sick leave, such credit shall
be used to bring their pay up to the full rate. If that is done
their leave at credit shall be reduced proportionately.
Where sick leave at credit is used to supplement leave under this
subclause, the leave at credit on half pay may at the option of
the employee be utilised before leave at credit on full pay.
Where the injury to the employee is sustained under circumstances
that bring their case within this subclause, the corporation
shall pay the cost of the medical first aid rendered to the
injured person when the services of the person rendering such aid
have been obtained on the authority of a responsible employee,
and of the transport of the injured employee to their home or to
a hospital.
(3) (a) Where personal injury by accident is caused to an
employee while they are travelling to or from work, or while they
are attending any trade, technical or other training school which
they are required by the terms of their employment by the
corporation or is expected by the corporation to attend, the
employee shall be eligible for leave of absence in accordance
with the provision of this clause as if the accident were an
accident on duty.
(b) In this subclause, "travelling to or from work" means
travelling between the employee's place of abode and place of
employment by the corporation and between either of those places
and any trade, technical or other training school which they are
required by the terms of their employment by the corporation or
are expected by the corporation to attend, but does not include
travelling during or after any substantial interruption of or
substantial deviation from the shortest convenient route for any
such journey, made for a reason unconnected with their employment
or unconnected with their attendance at the trade, technical or
other school, as the case may be.
(c) For the purpose of the application of subclause (1) to
injuries sustained during any period covered by this subclause
"act or omission" means an act or omission performed or caused by
the person responsible therefore (other than the person injured)
during a period when that person is acting under the instruction
of the corporation.
(4) Where an employee sustains physical injury under circumstances
the nature of which is such that the corporation regards the
action of the employee as so meritorious in the public interest
as to warrant special consideration, they shall be granted leave
of absence under the conditions set out in subclause (1).
(5) Nothing in this clause shall take away or reduce the rights of
employees under the Commonwealth Employees Rehabilitation and
Compensation Act 1988 as amended but no employee shall be
entitled to receive benefits under this clause and under the
above Act at the same time.
(6) Notwithstanding anything contained elsewhere in this clause
where an employee has been injured necessitating leave of absence
from duty, and the corporation is reimbursed the salary of the
injured employee by the party responsible for the injury or the
representative of such party to the extent of absence from duty
covered by the amount of reimbursement, no deduction shall be
made from the sick leave credits of the employee concerned.
39 - LEAVE TO UNDERTAKE TRADE UNION TRAINING
Leave of absence shall be granted to members of the claimant
organisations to attend short trade union training courses or
seminars on the following conditions:
(a)that the corporation's operating requirements permit the grant
of leave;
(b) that the scope, content and level of the short courses are
such as to contribute to a better understanding of industrial
relations;
(c)leave of absence granted under this clause shall be with full
pay, i.e., pay shall not include shift and penalty payment or
overtime;
(d) leave of absence granted under this clause shall count as
service for all purposes;
"Trade union training courses, seminars, etc." includes courses
meeting the other conditions for the application of this
provision which are:
(i) conducted by or with the support of the Trade Union Training
Authority; or
(ii) conducted by or under the auspices of a staff organisation
or confederation, the scope, content and level of which
contribute to a better understanding of industrial relations.
Telecom and relevant staff organisations will consult and negotiate before making any changes to conditions of service prescribed within the Telecommunications Act 1975, Regulations and By-laws, which were in force on 28 June 1989.
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.
43 - CONDITIONS OF EMPLOYMENT GENERAL
(1) It is agreed between the corporation and the staff organisa-
tions that, unless otherwise agreed, appropriate award conditions
will be negotiated and inserted in this award in respect of
principles of matters as prescribed within the Telecommunications
(Staff) By-laws and Telecommunications Staff (Salaries) By-laws
which were in force on 28 June 1989. Where agreement is not
reached on specific matters or items, this clause does not
preclude the staff organisations from seeking appropriate
provisions.
(2) Further it is agreed that negotiations on the above matters
will be finalised and the necessary matters placed before the
Australian Industrial Relations Commission prior to 1 July 1990.
(Salary Barrier) $ [see database elsewhere for current]
SCHEDULE B
(meal allowance) $ [see database elsewhere for current]
SCHEDULE C
(On Call Allowance) $ [see database elsewhere for current]
SCHEDULE D
Claimant organisations: [NOT INCLUDED]
SCHEDULE E
Administrative Officer (All Grades) CPSU Buildings Technical Officer AMWU Communications Consultant CEPU Communications Officer (All Grades) CEPU Drafting Officer (All Grades) AMWU Manager (All Grades) CPSU Technical Officer (All Grades) CEPU
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