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TELECOMMUNICATIONS SERVICES INDUSTRY AWARD 2002

     Status
     Roping In awards
     Correction Order

     Part 1 - Application and Operation of Award
1.   Title
2.   Arrangement
3.   Anti-discrimination
4.   Definitions
5.   Commencement date of award and period of operation
6.   Coverage of award
7.   Parties bound
8.   Exemptions
     Part 2 - Enterprise Flexibility
9.   Enterprise Flexibility provisions
     Part 3 - Dispute Resolution
10.  Dispute Resolution procedure
     Part 4 - Employment Relationship
11.  Employee duties
12.  Employment categories
13.  Abandonment of employment
14.  Absence from duty
15.  Standing down employees
16.  Termination of employment
17.  Redundancy
     Part 5 - Wages and Related Matters
18.  Classifications and salaries
19.  Mixed functions
20.  Payment of wages
21.  Allowances
     Part 6 - Hours of Work, Breaks, Overtime, Shift Work, Weekend Work
22.  Hours of Work
23.  Meal Breaks
24.  Overtime
     Part 7 - Types of Leave and Public Holidays
25.  Annual Leave
26.  Personal Leave
27.  Parental Leave
28.  Jury Service
29.  Public Holidays
     Part 8 - Superannuation
30.  Superannuation
Schedule A - Companies Bound by this Award

STATUS

TELECOMMUNICATIONS SERVICES INDUSTRY AWARD 2002

This award as varied to 28 October 2004 (variation PR952729).

Note: Variations PR926344 signed on 06Jan03; PR940091 signed on 31Oct03; PR945998 signed on 22Apr04 award appended to the back of this award.

AW819699 [loose-leaf version]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996 s.99 notifications of industrial disputes

CPSU, the Community and Public Sector Union

and

AAPT Pty Ltd and others (C2000/35582)

Cellular One Communications Pty Ltd (C2001/2761)

Vodafone Network Pty Limited (C2001/2975)

Australian Industry Group (C2002/457)

TeleOne Pty Ltd (C2002/461)

Virgin Mobile (Australia Pty Ltd) (C2002/2795)

New Tel Limited (C2002/2803)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

and

AAPT Pty Ltd and others (C2001/1824)

Cellular One Communications Pty Ltd (C2001/4545)

Australian Industry Group (C2002/1698)

TeleOne Pty Ltd (C2002/1922)

New Tel Limited (C2002/3350)

TELECOMMUNICATIONS SERVICES INDUSTRY AWARD 2002

Various employees Telecommunications services

COMMISSIONER SMITH MELBOURNE, 25 NOVEMBER 2002

Wages and conditions.

AWARD

Further to the decision issued by the Commission on 25 November 2002 [PR924683], the following award is made:


CORRECTION ORDER

29 July 2005 - salaries have been amended - see PR961541 - salaries 18.5.1(c)

Classification                          Rate per week $
Telecommunications Trainee              523.60
Telecommunications Technical Employee   544.50
Telecommunications Technician           578.20
Advanced Telecommunications Technician  638.80
Principal Telecommunications Technician 701.40
Telecommunications Associate            763.90

ROPING-IN AWARDS

[Roping-in award No. 1 of 2003 inserted by PR927903 ppc 07Feb03; set aside by PR928885 from 06Mar03].

[Roping-in award No. 2 of 2003 inserted by PR928899 from 06Mar03; set aside by PR935315 from 25Jul03]

[Roping-in No. 3 of 2003 inserted by PR932281 ppc 21May03; varied by PR937346 from 27Aug03]

1. AWARD TITLE

This Award shall be known as the Telecommunications Services Industry (Customer Contact, Clerical and Administrative) Labour Hire (Roping In No. 3) Award 2003.

2. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION

2.1 This award comes into force from the beginning of the first pay period to commence on or after 21 May 2003 and remains in force for a period of 6 months.

2.2 Nothing in this award shall operate to reduce the accrued entitlements of an employee which were in existence immediately prior to or at the commencement of this award. For the purpose of this award, accrued entitlements includes severance payments, notice of termination, annual leave, long service leave, personal/carers leave or bereavement leave.

2.3 This award shall not apply to any employer bound by this award in the event that it makes an application for a Certified Agreement or Australian Workplace Agreement:

  • to the extent that the award binds the employees whose employment would be subject to the proposed agreement; and,
  • for the period of time until a relevant award or awards are determined pursuant to s.170XE and s.170XF of the Workplace Relations Act 1996.

    2.4 If an employer would be excluded from the operation of the award as a consequence of the application of sub-clause 2.3, it shall notify the CPSU, of the fact that the employer shall not be bound for the period specified in that sub-clause.

    2.5 Clause 2.3 and 2.4 will cease to operate on 1 October 2003.

    3. PARTIES AND PERSONS BOUND

    This award is binding upon:

    3.1 CPSU, the Community and Public Sector Union; and

    3.2 the Australian Industry Group, but only in respect of those members of the Australian Industry Group listed in Schedule A, B or C;

    3.3 the companies listed in Schedule A in respect of the employment of their on-hire employees in Customer Contact, Clerical and Administrative employment as defined in sub-clauses 18.2 and 18.3 of the Telecommunications Services Industry Award 2002 [AW819699], who are performing work directly for Telstra Corporation Ltd, Sensis Pty Ltd, Xantic Pty Ltd, Reach Services Australia Pty Ltd or Reach Pty Ltd;

    3.4 the companies listed in Schedule B in respect of the employment of their on-hire employees in Customer Contact, Clerical and Administrative employment as defined in sub-clauses 18.2 and 18.3 of the Telecommunications Services Industry Award 2002 [AW 819699], who are performing work:
    (a) in the state of Victoria, for any Company bound by, and within the scope of the Telecommunications Services Industry Award 2002 as defined by clauses 6 and 8 of that award; or
    (b) who are performing work for Telstra Corporation Ltd, Sensis Pty Ltd, Xantic Pty Ltd, Reach Services Australia Pty Ltd or Reach Pty Ltd.

    3.5 the companies listed in Schedule C in respect of the employment of their on-hire employees in Customer Contact, Clerical and Administrative employment as defined in sub-clauses 18.2 and 18.3 of the Telecommunications Services Industry Award 2002 [AW819699], in respect of their employees who are performing work:
    (a) for any Company that is bound by the Telecommunications Services Industry Award 2002 and who falls within the scope as defined by clauses 6 and 8 of that award, or
    (b) who are performing work for Telstra Corporation Ltd, Sensis Pty Ltd, Xantic Pty Ltd, Reach Services Australia Pty Ltd or Reach Pty Ltd.

    4. APPLICATION

    4.1 The terms of the Award known as the Telecommunications Services Industry Award 2002 [AW819699] as varied from time to time shall be binding upon the parties and persons bound by this award.

    4.2 Part 5 and 6 of that award, with the exception of clauses 22.1 and 22.5 shall not operate until 1 October 2003.

    SCHEDULE A

    [Schedule A varied by PR951884 from 14Sep04]

    COMPANIES BOUND BY THIS AWARD TO THE EXTENT THAT EMPLOYEES ARE PROVIDED FOR THE USE OF TELSTRA CORPORATION LIMITED AND/OR ITS NAMED SUBSIDIARIES

    Westaff (Australia) Pty Ltd
    Hudson Global Resources (Australia) Pty Limited (TMP Worldwide eResourcing Pty Limited)
    Hudson Global Resources (Newcastle) Pty Limited (TMP Worldwide eResourcing (Newcastle) Pty Limited)
    Skilled Customer Contact Services Pty Ltd, but not in respect of it's employees who are bound by the terms of the National Union of Workers and Skilled Customer Contact Services Pty Ltd (Call Centre Framework) Agreement 2003-2005 [AG831905] and where the Skilled Communications Personnel Pty Ltd (Call Centre Framework) Agreement 2000-2003 is in operation the Agreement will take precedence over the Award to the extent of any inconsistency.

    SCHEDULE B

    COMPANIES BOUND BY THIS AWARD TO THE EXTENT THAT EMPLOYEES ARE PROVIDED FOR THE USE OF TELSTRA CORPORATION LIMITED AND / OR ITS NAMED SUBSIDIARIES AND / OR TELECOMMUNICATIONS SERVICES BUSINESSES IN THE STATE OF VICTORIA
    Adecco Australia Pty Ltd
    Manpower Services (Australia) Pty Ltd

    SCHEDULE C

    COMPANIES BOUND BY THIS AWARD TO THE EXTENT THAT EMPLOYEES ARE PROVIDED FOR THE USE OF TELECOMMUNICATIONS SERVICES BUSINESSES (INCLUDING TELSTRA AND / OR ITS SUBSIDIARIES)

    Choice HR Pty Ltd
    DFP Recruitment Services Pty Ltd
    Julia Ross Recruitment Pty Ltd
    Kelly Services (Australia) Pty Ltd
    Prime Placements Pty Ltd
    Prime Contact Centre Solutions Pty Ltd
    Prime Commercial Placements
    Prime Industrial Placements Pty Ltd
    Regent Industrial
    Regent Personnel Pty Ltd
    Regent Recruitment
    Skilled Communications Personnel Pty Ltd (but not in respect of employment at the Burnie Call Centre)
    Telecommunication Services Australia Pty Ltd
    Trinity People Pty Ltd

    [Roping-in No. 1 of 2004 inserted by PR944520 ppc 12Mar04]

    1. AWARD TITLE

    This award shall be known as the Telecommunications Services Industry Roping-In Award (No. 1) 2004.

    2. COMMENCEMENT DATE OF AWARDS AND PERIOD OF OPERATION

    This award comes into force from the beginning of the first pay period to commence on or after 12 March 2004 and remains in force for a period of 6 weeks.

    3. PARTIES AND PERSONS BOUND

    This award is binding upon:
    3.1 the CPSU, the Community and Public Sector Union; and
    3.2 the companies listed at Schedule A in respect to their employees who are engaged in the performance of work within the scope of the Telecommunications Services Industry Award 2002, whether members of the union or not.

    4. APPLICATION

    The terms of the Award known as the Telecommunications Service Industry Award 2003 [AW 819699] as varied from time to time shall be binding upon the Parties and Persons bound by this award.

    SCHEDULE A

    Swiftel Communications Pty Ltd
    Unwired Australia Pty Ltd
    Neighbourhood Cable Ltd
    Alpha Telcom Pty Ltd
    Sirius Telecommunications Ltd
    ACT Teleconferencing Pty Ltd

    [Roping-in No. 2 of 2004 inserted by PR944800 ppc 02Feb04]

    1. AWARD TITTLE

    1.1 This award shall be known as the Telecommunications Services Industry (Customer Contact, Clerical and Administrative) Labour Hire (Roping-In No. 2) Award 2004

    2. COMMENCEMENT DATE OF AWARDS AND PERIOD OF OPERATION

    2.1 This award comes into force from the beginning of the first pay period to commence on or after 2 February 2004 and remains in force for a period of 6 months.

    2.2 Nothing in this award shall operate to reduce the accrued entitlements of an employee which were in existence immediately prior to or at the commencement of this award. For the purpose of this award, accrued entitlements includes, severance payments, notice of termination, annual leave, long service leave, personal/carers leave or bereavement leave.

    3. PARTIES AND PERSONS BOUND

    3.1 This award is binding upon:
    3.1.1 the CPSU, Community and Public Sector Union; and
    3.1.2 the companies listed at Schedule C in respect to the employment of their on-hire employees in Customer Contact, Clerical and Administrative employment as defined in sub-clauses 18.2 and 18.3 of the Telecommunications Services Industry Award 2002 [AW819699], in respect of their employees who are performing work:
    (a) for any Company that is bound by the Telecommunications Services Industry Award 2002 and who falls within the scope as defined by clauses 6 and 8 of that award, or
    (b) who are performing work for Telstra Corporation Ltd, Sensis Pty Ltd, Xantic Pty Ltd, Reach Services Australia Pty Ltd or Reach Pty Ltd.

    4. APPLICATION

    The terms of the Award known as the Telecommunications Service Industry Award 2002 [AW819699] as varied from time to time shall be binding upon the parties and persons bound by this award.

    SCHEDULE C

    Future Prospects Pty Ltd
    Workforce Automatic Technologies Limited
    Team Recruitment Pty Ltd
    Teams Recruitment Services Pty Ltd
    Premium Personnel Pty Ltd

    [Roping-in No. 3 of 2004 inserted by PR947643 ppc 04Jun04]

    1. TITLE

    This award shall be known as the Telecommunications Services Industry (Customer Contact, Clerical and Administrative) Labour Hire (Roping in No. 3) Award 2004.

    2. COMMENCEMENT DATE OF AWARDS AND PERIOD OF OPERATION

    2.1 This award comes into force from the beginning of the first pay period to commence on or after 4 June 2004 and remains in force for a period of 6 months.

    2.2 Nothing in this award shall operate to reduce the accrued entitlements of an employee which were in existence immediately prior to or at the commencement of this award. For the purpose of this award, accrued entitlements includes, severance payments, notice of termination, annual leave, long service leave, personal/carers leave or bereavement leave.

    3. PARTIES AND PERSONS BOUND

    3.1 This award is binding upon:
    3.1.1 the CPSU, Community and Public Sector Union; and
    3.1.2 the companies listed at Schedule B in respect to the employment of their on-hire employees in Customer Contact, Clerical and Administrative employment as defined in sub-clauses 18.2 and 18.3 of the Telecommunications Services Industry Award 2002 [AW819699], in respect of their employees who are performing work:
    (a) for any Company that is bound by the Telecommunications Services Industry Award 2002 in the state of Victoria.

    3.1.3 the companies listed in Schedule C in respect to the employment of their on-hire employees in customer contact, clerical and administrative employment as defined in sub clauses 18.2 an 18.3 of the Telecommunications Services Industry Award 2002 [AW819699], in respect of their employees who are performing work:
    (a) for any Company that is bound by the Telecommunications Services Industry Award 2002 and who falls within the scope as defined by clauses 6 and 8 of that award, or
    (b) who are performing work for Telstra Corporation Ltd, Sensis Pty Ltd, Xantic Pty Ltd, Reach Services Australia Pty Ltd or Reach Pty Ltd.

    4. APPLICATION

    The terms of the Award known as the Telecommunications Service Industry Award 2002 [AW819699] as varied from time to time shall be binding upon the parties and persons bound by this award.

    AW819699 PR926344

    AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

    Workplace Relations Act 1996 s.113 application for variation

    AAPT Limited (C2002/6155)

    TELECOMMUNICATIONS SERVICES INDUSTRY AWARD 2002 (ODN C No. 35582 of 2000) [PR926344 [AW819699]]

    Various employees Telecommunications industry

    VICE PRESIDENT LAWLER SYDNEY, 6 JANUARY 2003

    s113 application to vary an award - alternative employment - redundancy payments - Telecommunications Services Industry Award 2002 - order pursuant to s.111(1)(b).

    ORDER

    The Commission hereby makes the following order:

    The general severance pay prescription contained in clause 17.3.1 of the Telecommunications Services Industry Award 2002 is varied in respect of each of the 29 employees of AAPT Limited referred to in paragraph 14 of the affidavit of Gregory James Cox sworn 16 December 2002 ("the Employees") so that in the event that EDS (Australia) Pty Ltd makes an offer of employment to each of the Employees on the basis set out in paragraphs 17, 18 and 19 of the affidavit of Gregory James Cox sworn on 16 December 2002 prior to 28 February 2003, such Employees shall not be entitled to receive from AAPT Limited any severance pay prescribed by Clause 17.3.1 of the Telecommunications Services Industry Award 2002.

    AW819699 PR940091

    AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

    Workplace Relations Act 1996 s.111(1)(b) application for an order

    VODAFONE PTY LTD
    VODAFONE NETWORK PTY LTD (C2003/6164)

    TELECOMMUNICATIONS SERVICES INDUSTRY AWARD 2002

    Telecommunications services

    VICE PRESIDENT LAWLER SYDNEY, 31 OCTOBER 2003

    Application for an order pursuant to s.111(1)(b) - alternative employment - redundancy payments - Telecommunications Services Industry Award 2002

    ORDER BY CONSENT

    A. The Commission makes the following order:

    The general severance pay prescription contained in clause 17.3 of the Telecommunications Services Industry Award 2002 ("Award") is varied with respect to each of the 13 employees ("Employees") of Vodafone Pty Ltd and Vodafone Network Pty Ltd referred to in Attachment 1 of Exhibit 1 in these proceedings so that in the event that:
    (a) IBM Global Services Australia Limited;
    (b) Hewlett Packard Australia Pty Limited;
    (c) AAP Communications Services Pty Ltd; or
    (d) Total Communications Infrastructure Pty Ltd
    makes an offer of employment to each of the Employees on the basis set out in the letters at Attachment 3 of Exhibit 1, Employees are not entitled to receive from Vodafone Pty Ltd or Vodafone Network Pty Ltd any severance pay prescribed in clause 17.3 of the Award.

    B. This order comes into effect on 31 October 2003 and shall remain in force for a period of six months.

    AW819699 PR945998 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

    Workplace Relations Act 1996 s. 111(1)(b) application for an order

    AAPT Mobile Pty Limited

    and

    CPSU, the Community and Public Sector Union (C2004/1293)

    TELECOMMUNICATIONS SERVICES INDUSTRY AWARD 2002 (ODN C No. 35583 of 2000) [Print 924702 [AW819699]

    Telecommunications services

    COMMISSIONER THATCHER SYDNEY, 22 APRIL, 2004

    Severance pay prescriptions

    ORDER

    A. The Commission makes the following order by consent of the parties:

    1. The general severance pay prescription contained in clause 17.3.1 of the Telecommunications Services Industry Award 2002 ("Award") is varied with respect to each of the employees ("Employees") of AAPT Mobile Pty Limited ("Mobile") referred to in paragraph 17 of the Affidavit of David Napper sworn on 22 March 2004 ("Affidavit") so that in the event that AAPT Limited makes an offer of employment to each of the Employees on the basis set out in paragraph 8 of the Affidavit, the Employees are not entitled to receive from Mobile any severance pay prescribed in clause 17.3.1 of the Award.

    B. This order comes into effect on 22 April, 2004 and shall remain in force for a period of six months.



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