TELECOMMUNICATIONS SERVICES INDUSTRY AWARD 2002
PART 1 - APPLICATION AND OPERATION
This award shall be known as the Telecommunications Services Industry Award 2002.
This award is arranged as follows:
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
3.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 (the Act) through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
3.2 Accordingly, in fulfilling their obligations under the dispute resolution procedure clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.
3.3 Nothing in this clause is to be taken to affect:
3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti discrimination legislation;
3.3.2 junior rates of pay until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;
3.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;
3.3.4 the exemptions in s.170CK(3) and (4) of the Act.
In this award, unless the contrary intention appears:
4.1 Commission shall mean the Australian Industrial Relations Commission.
4.2 Union/s shall mean the Community and Public Sector Union (CPSU) and the Communications, Electrical, Electronic, Energy, Information, Postal and Allied Services Union of Australia (CEPU).
4.3 Act shall mean the Workplace Relations Act 1996.
4.4 Employer shall mean an employer bound by this award.
5. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION
5.1 This award shall come into force on and from the beginning of the first full pay period commencing on or after 22 November 2002 and shall remain in force for three years.
5.2 Subject to clause 8 - Exemptions, this award shall override the operation of all awards to which an employer may have been bound prior to the operation of this award, in respect of the classifications covered by this award.
5.3 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.
6.1 Subject to the exemptions set out in subclause 6.3 and clause 8 - Exemptions, this award applies to those employees in classifications set out in clause 18 - Classifications and Salaries, who are engaged by a business in the telecommunications services industry.
6.2 For the purposes of this award, a business in the telecommunications services industry means:
6.2.1 Any business whose principal function is carrying on the supply of telecommunications services and includes any business whose principal function is the supply of value added telecommunications services; and/or
6.2.2 Any business whose principal function is incidental, ancillary or complementary to the supply of telecommunications services.
6.3 This award does not apply to any business:
6.3.1 Whose principal function is the manufacture and supply of telecommunications equipment and line whether or not such business also installs and maintains telecommunications equipment and line; and
6.3.2 Whose principal function is the installation, service and/or maintenance of telecommunications equipment and line, unless the business also operates that equipment and line.
This award is binding upon:
7.1 CPSU, the Community and Public Sector Union (CPSU);
7.2 The Communications, Electrical, Electronic, Energy, Information, Postal and Allied Services Union of Australia (CEPU);
7.3 The Australian Industry Group, but only in respect of those members of the Australian Industry Group listed in Schedule A;
7.4 The employers listed in Schedule A and all of their employees covered by this award whether such employees are members of the union or not.
8.1 This award shall not apply to:
8.1.1 Employees in classifications other than those specified in clause 18 - Classifications and Salaries of this award;
8.1.2 Employees covered under the following awards:
Metal, Engineering and Associated Industries Award 1998 [AW789529 Print Q2527];
Metal, Engineering and Associated Industries (Professional Engineers and Scientists) Award, 1998 [AW787943 Print Q2531];
Information Technology Industry (Professional Employees) Award 2001 [AW812692CRA PR912647];
Telecommunications Services (Professional Employees) Award 2002 [AW816688 PR919361];
Business Equipment Industry - Technical Service - Award 1999 [AW769412 Print S1768]; and
Business Equipment Industry - Clerical Officers - Award 2000 [AW769431 Print S9636].
8.1.3 Electrical contractors and their employees bound by the following awards:
National Electrical, Electronic and Communications Contracting Industry Award 1998 [AW791396 Print Q4287];
Electrical Engineering and Contracting Industries (Northern Territory) Award 1995 [AW780051CRN Print M0637];
Electrical, Electronic and Communications Contracting Industry (State) Award (New South Wales);
Electrical Contracting Industry Award - State (Queensland);
Electrical Contracting Industry Award - State (South Australia); and
Electrical Contracting Industry Award - State (Western Australia).
8.2 Exemptions for various classifications
8.2.1 The award provisions in 8.2.2 shall not apply to persons in the following classifications:
8.2.1(a) Customer Contact Stream
Principal Customer Contact Leader.
8.2.1(b) Technical Stream
Telecommunications Associate.
8.2.1(c) Clerical and Administrative Stream
Clerical and Administrative Employee - Level 5.
8.2.2 Exempt award provisions
19 - Mixed functions;
20 - Payment of wages;
21 - Allowances;
22.1 - Hours of work - day workers;
22.2 - Hours of work - shift workers;
22.3 - General provisions applicable to both day workers and shift workers;
23 - Meal breaks;
24 - Overtime;
25.8.2 and 25.8.3 - Annual leave loading; and
29.7 - Payment for time worked on a public holiday.
8.2.3 Obligations upon employers for exempted classifications
The following obligations apply to employers in relation to exempted classifications.
8.2.3(a) The ordinary hours of work of employees in those classifications set out in 8.2.1 of this award should not exceed the ordinary hours of duty in the particular industry or sector of industry in which the employee is employed. Employers will compensate for:
(i) time worked regularly in excess of ordinary hours of duty;
(ii) time worked on public holidays;
(iii) time spent standing by in readiness for a call back;
(iv) time spent carrying out duties outside of the ordinary hours of duty over the telephone or via remote access arrangements; or
(v) time worked on afternoon, night or weekend shifts;
8.2.3(b) either by:
(i) taking this factor into account in the fixation of annual remuneration;
(ii) granting special additional remuneration; or
(iii) granting a special allowance or loading; or
(iv) granting other compensation such as special additional leave.
8.2.3(c) An employee shall be advised in writing upon engagement, or in any other case upon a request being made in writing to the employer, of the method of compensation being used. The methods of compensation are set out in 8.2.3(b). If the employer is compensating the employee by a method identified in 8.2.3(b), the employer shall identify the special additional remuneration, allowance or loading which is being paid.
8.2.3(d) Transfers
Where an employee is transferred permanently from day work to shift work or from shift work to day work, such employee should receive at least one month's notice. However, the employer and the employee may agree on a lesser period of notice.
8.2.3(e) In the event of a dispute arising between an employee and their employer concerning hours of work, the employee and any representative of the employee shall have the right to raise the matter in accordance with clause 10 Dispute resolution procedure.
8.2.3(f) Payment of wages
At the election of the employer, wages may be paid weekly or fortnightly or in accordance with existing practices.
Where agreement is reached with an individual employee, wages may be paid four weekly or monthly. This agreement may be reached at the time when the employee commences employment, but is not limited to such time.
8.2.3(g) Annual leave loading
In addition to the annual leave payments specified in 25.8.1 hereof, employees shall be paid an annual leave loading of 17.5 percent. However, where an employer, in determining the total remuneration of an employee can demonstrate that it has taken into account that an annual leave loading will not be paid to the employee because the total remuneration has been fixed having regard to this fact or because other benefits related to annual leave of equal value have been granted by the employer, an entitlement to the annual leave loading shall not accrue.
9. ENTERPRISE FLEXIBILITY PROVISIONS
(See ss.113A and 113B of the Act).
Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs, the following process shall apply:
9.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.
9.2 For the purpose of the consultative process the employees may nominate an agent to represent them.
9.3 Where agreement is reached an application shall be made to the Commission.
10. DISPUTE RESOLUTION PROCEDURE
10.1 In the event of a dispute arising in a workplace covered by this award, the following procedure will apply:
10.1.1 The employee(s) concerned will first meet and confer with their immediate supervisor. The employee(s) may appoint another person to act on their behalf including a union delegate.
10.1.2 Subject to 10.2 and 10.3, where an employee representative (including a union delegate) is involved, s/he will be allowed the necessary time during working hours to interview employee(s) and the supervisor.
10.1.3 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee(s) may invite a union official to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs.
10.1.4 The union delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited Union Officials of the Union to which they belong.
10.1.5 If the matter remains unresolved, the dispute may then be referred to the Australian Industrial Relations Commission for assistance in resolving the matter.
10.2 In order to facilitate the procedure in this clause:
10.2.1 The party with the grievance must notify the other party at the earliest opportunity of the problem.
10.2.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.
10.2.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible.
10.3 While the parties are attempting to resolve the matter the parties will continue to work in accordance with this award and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
10.4 Dispute resolution procedure training leave
10.4.1 Subject to clause 10.4.8, an eligible employee representative will be entitled to, and the employer will grant, up to five days training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Workplace Relations Act 1996, or with any relevant certified agreement which provides it is to be read in conjunction with this award.
10.4.2 An employee representative or the relevant Union shall give the employer six weeks of notice of the employee representative's intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.
10.4.3 The notice to the employer shall include details of the type, content and duration of the course to be attended.
10.4.4 The taking of such leave shall be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.
10.4.5 An employee representative taking such leave shall be paid all ordinary time earnings which normally become due and payable during the period of leave.
10.4.6 Leave of absence granted pursuant to this clause shall count as service for all purposes of this award.
10.4.7 A dispute in relation to:
10.4.7(i) the granting of leave to an employee for the purpose of attending a course which is not an agreed course, or not a course approved by agreement between a Union mentioned in clauses 7.1 and 7.2 and the employer organisation mentioned in clause 7.3; or
10.4.7(ii) an alleged inability to make adequate staffing arrangements to meet the operational requirements of the employer;
shall be resolved in accordance with the procedure set out in this clause provided that the procedure can be activated for this purpose either by a Union or by the employer concerned or by the employer association in clause 7.3 if the employer who is in dispute is a member.
The dispute resolution procedure is activated when the employer advises the employee representative or the relevant Union that the employer will not or may not grant the leave. If the dispute resolution procedure is not so activated by or on behalf of the relevant employer within seven days of the receipt of the notice of intention to attend the course and take leave, the leave is to be granted.
10.4.8 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is a shop steward, a delegate or an employee representative duly elected or appointed by the employees in a workplace generally or collectively for all or part of a workplace pursuant to clauses 10.1.1 and 10.1.2 for the purpose of representing those employees in the dispute resolution procedure, who is within the class and number of representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:
Number of employees employed by employer Maximum number of eligible employee
in enterprise or workplace representatives entitled per year
commencing 1 January 2003
5 - 15 1
16 - 30 2
31 - 50 3
51 - 90 4
More than 90 5
Provided that if the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year shall be resolved by agreement between those entitled, or if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.
For purposes of applying the quota table employees employed by the employer in the enterprise or workplace are employees covered by the award, employed by the eligible employee representative's employer who are full-time, part-time or fixed-term employees, or casual employees with six months or more service; being employees engaged in the enterprise or workplace to which the procedure established under clause 10.1 applies; or if no such procedure is established for a readily identifiable enterprise or workplace, being employees engaged by the employer in the employment covered by the award.
10.4.9 Without limiting the generality of courses that may qualify for purposes of clause 10.4.1(a), a course directed at the enhancement of the operation of the dispute resolution procedures includes a course relating to that subject matter which is a course:
10.4.9(i) agreed between the employer and the relevant eligible employee representative, or
10.4.9(ii) approved jointly by one or more of the organisations of employees listed in clauses 7.1 and 7.2 with the organisation of employers listed in clause 7.3.
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