TELECOMMUNICATIONS SERVICES INDUSTRY AWARD 2002
Where an employee is required to perform the work at a classification higher than his or her appointed role for a continuous period of one day or more, that employee will be paid the appropriate rate in the higher classification range for the period worked.
20.1 Period and method of payment
20.1.1 At the election of the employer, wages may be paid weekly or fortnightly.
20.1.2 Flexibility in relation to pay periods
20.1.2(a) An employer may pay wages four weekly or monthly subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/s.
20.1.2(b) Where an agreement is reached by the majority of employees it shall apply to all the employees in the workplace or section/s to which the agreement applies.
20.1.3 Wages shall be paid either according to the average number of ordinary hours worked per pay period or according to the actual ordinary hours worked each pay period.
20.1.4 Wages shall be paid by cash, cheque or to the credit of the employee's account in a bank or other recognised financial institution.
20.1.5 Notwithstanding anything in this clause, if there is an existing practice in place as at 22 November 2002, then an employer is permitted to continue with this practice.
21.1 Allowances - All streams
The allowances in 21.1 do not apply for all purposes of the award unless specifically stated.
21.1.1 Motor allowance
An employee who is required on a casual basis to use the employee's motor vehicle to carry out the employer's business shall be paid a mileage allowance of 47 cents per kilometre.
21.1.2 First aid allowance
[21.1.2 varied by PR935337; PR947845 ppc 01Aug04]
An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St. John's Ambulance or similar body shall be paid a weekly allowance of $11.20 if appointed by their employer to perform first aid duty.
21.1.3 Transfers, travelling and working away from usual place of work
21.1.3(a) Distant work/travelling time payment
(i) All reasonable out of pocket expenses incurred in connection with the employer's business authorised by the employer and properly paid by the employee, shall be reimbursed by the employer.
(ii) Except as elsewhere provided in this award, an employee directed by the employer to travel in the employee's own time to transact company business shall be paid travelling time and all expenses incurred whilst so travelling in accordance with 21.1.3(b) hereof. Further, an employee sent by his or her employer from their usual locality to another and required to remain away from their usual abode will be paid expenses while so absent from their usual locality.
(iii) An employee is not entitled to be paid for travelling in the employee's accustomed workplace or territory. In circumstances where an employee is required to work away from the accustomed workplace or territory and travels in the employee's own time to reach such place, the employee shall be entitled to be paid for the time reasonably spent in travelling to such place in excess of that which would be spent travelling from home to the accustomed workplace or boundary of the accustomed territory.
21.1.3(b) Payment for travelling
(i) The amount of pay for an employee travelling outside of ordinary hours shall be their ordinary rate of pay.
(ii) The maximum travelling time to be paid shall be 12 hours out of every 24 hours, or where a sleeping berth is provided by the employer for all-night travel, eight hours out of every 24.
21.1.3(c) Expenses
[21.1.3(c)(ii) varied by PR935337; PR947845 ppc 01Aug04]
Expenses for the purposes of 21.1.3(a)(ii) shall mean:
(i) All fares reasonably incurred at the following standard:
Rail: first class (including the provision of a sleeping berth where available for all night travel);
Air: economy class for all journeys.
(ii) Reasonable expenses incurred while travelling including $9.20 for each meal taken (except where the cost of the meal is included in the fare).
(iii) Reimbursement of the cost incurred for lodging of at least reasonable hotel/motel standard.
21.1.3(d) Relocation expenses
(i) Where an employee is transferred to another location or another state, the cost of removal expenses reasonably incurred shall be borne and paid for by the employer, provided that an employee who is transferred at the employee's own request may be required to pay their own expenses.
(ii) Where such employee is directed by the employer to another locality for employment which can be reasonably regarded as permanent and involving a change in residence and where the employee is in the process of buying a place of residence in that new location the employee shall be provided with suitable accommodation for a period not exceeding six weeks. provided that in cases where such employees can show to the satisfaction of the employer that the employee has taken all reasonable steps to obtain a place of residence of a similar nature and standard to that which the employee previously enjoyed and without success, then the abovementioned period may be extended to a period not exceeding three months.
(iii) Where an employee is not in the process of buying a place of residence, the employer shall provide suitable accommodation for a period not exceeding four weeks.
(iv) The provisions of 21.1.3(d)(ii) and (iii) shall cease to apply immediately the employee assumes a new place of residence or when the purchase has been completed, whichever is sooner.
(v) For the purposes of this clause, accommodation shall be limited to the provision of suitable housing.
21.1.4 Telephone allowance
Where an employee does not have a telephone, modem or broadband connection and, at the written request of the employer, the employee is required to have such equipment, the employer shall reimburse the cost of purchase, installation and rental.
Where an employee makes telephone calls in connection with the business on their private telephone at the direction of the employer, the employer shall reimburse the cost of such calls. Provided that, the employer may request details of all such calls claimed by the employee.
21.1.5 Meal allowance
[21.1.5 inserted by PR935314; PR947845 ppc 01Aug04]
An employee is entitled to a meal allowance of $9.45 on each occasion that the employee is entitled to a rest break in accordance with subclause 24.4 except in the following circumstances:
If the employee is a day worker and was notified no later than the previous day that they would be required to work overtime;
If the employee is a shift worker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime;
If the employee lives in the same locality in the enterprise and could reasonably return home for meals.
If an employee has provided a meal or meals on the basis that he or she has been given notice to work overtime and the employee is not required to work overtime or is required to do less than the amount advised, he or she shall be paid the prescribed meal allowance for the meal or meals.
21.2 Allowances - Technical stream
The allowances in 21.2 apply only to employees in classifications set out in 18.4 - Technical Stream. However, such provisions are not applicable to those classifications set out in 8.2. The allowances in 21.2 do not apply for all purposes of the award unless specifically stated.
21.2.1 Team Leader/Leading Hand allowance
[21.2.1(b) varied by PR935337; PR947845 ppc 01Aug04]
21.2.1(a) A Team Leader/Leading Hand in the Technical Stream who is in charge of three or more people shall receive the relevant amount as set out below.
21.2.1(b) In charge of:
3 to 10 employees - $24.65per week extra;
11 to 20 employees - $36.75 per week extra; and
more than 20 employees - $46.70 per week extra.
21.2.1(c) This allowance shall apply for all purposes of the award.
21.2.2 Tool allowance - Technicians and Apprentices
[21.2.2(a) varied by PR935337; PR947845 ppc 01Aug04]
21.2.2(a) Telecommunications Technicians, Advanced Telecommunications Technicians and Principal Telecommunications Technicians shall be paid an allowance of $12.20 per week for supplying and maintaining tools ordinarily required in the performance of their work, except where the employer provides all of the tools required by them in the performance of their work. In such circumstances, the tool allowance shall not be payable.
21.2.2(b) This allowance shall apply to apprentices on the same percentage basis as set out in 18.5.4 of this award.
21.2.2(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.
21.2.2(d) Employees shall replace or pay for any tools supplied by their employer which are lost as a result of negligence on the part of the employee.
PART 6 HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK
22.1 The ordinary hours of work are to be an average of 38 per week.
22.2 Except as provided for in 22.6.2(a)(ii) and 22.7.7(a)(i) an employee shall not be required to work more than ten ordinary hours per day.
22.3 Except as provided for in 22.6.2(a)(iii) and 22.7.7(a)(ii), the ordinary hours of an employee must not exceed 152 hours in 28 consecutive days.
22.4 Method of arranging ordinary hours
The method of arranging ordinary hours may be:
22.4.1 By employees working a constant number of ordinary hours each day; or
22.4.2 By fixing one day a week on which employees work a lesser number of hours; or
22.4.3 By fixing one or more days on which all employees will be off during a particular work cycle; or
22.4.4 By rostering employees off on various days of the week during a particular work cycle so that each employee has one or more days off during that cycle.
22.5 Alteration to hours of work
Subject to the employer's right to fix the daily hours for day work within the spread of hours referred to in 22.6 and the right to require employees to work shifts on existing rosters, ordinary hours once determined may be altered:
22.5.1 By the employer giving one week's notice of the requirement to change the arrangement of hours or the shift roster.
22.5.2 By the employer giving 48 hours' notice to the employee in the case of an emergency;
22.5.3 By mutual agreement between the employees concerned and their employer; or
22.5.4 At the discretion of the employer, employees may be permitted to exchange shifts or days off to perform duty for another employee. In such circumstances the employer is not required to make any additional payment.
22.5.5 Provided where an employee receives notice under 22.5.1 or 22.5.2 and he or she raises significant concerns about the alteration of their hours of work due to their personal or family circumstances, the employer shall consult with the employee about such concerns.
22.6 Provisions applicable only to day work
22.6.1 Except as provided for in 22.6.2(a)(i) and 22.6.3(a), the ordinary hours of work for day work shall be worked between the following spread of hours:
22.6.1(a) Monday to Friday - 7.00 a.m. to 7.00 p.m.;
22.6.1(b) Saturday - 7.00 a.m. to 1.00 p.m.
22.6.2 Flexibility in relation to day work hours
22.6.2(a) The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/s. Agreement in this respect may also be reached between the employer and an individual employee:
(i) The spread of hours in 22.6.1(a) and (b) may be altered by up to one hour at one or both ends of the daily spread;
(ii) In excess of 10 hours and up to 12 hours of ordinary time may be worked per day, exclusive of meal breaks. The implementation of 12 hour days is subject to the provisions of 22.12.
(iii) A roster may operate on the basis that the weekly average of 38 ordinary hours is worked over a period which exceeds 28 consecutive days but does not exceed 12 months
22.6.2(b) Where an agreement is reached by the majority of employees it shall apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.
22.6.2(c) Where an agreement is reached in accordance with 22.6.2, the agreement shall be recorded in the time and wages records.
22.6.3 Flexibility in relation to day work on Saturday afternoon and Sunday
22.6.3(a) By agreement between an individual employee and the employer, the days on which ordinary hours are worked may include Saturday afternoon between 1 pm and 7 pm and Sunday between 7 am and 7 pm, subject to the penalty in 22.8.
22.6.3(b) Where an agreement is reached in accordance with 22.6.3(a), the agreement shall be recorded in the time and wages records.
22.6.4 The provisions of 22.6.3 are not applicable to employees who work day work as part of a rotating roster which incorporates a cycle of day work, afternoon shifts and/or night shifts. In such circumstances, the ordinary hours of work shall be worked at the discretion of the employer on any days of the week, Monday to Sunday, subject to 22.5 and the penalty in 22.8.
22.6.5 Any work performed outside the spread of hours is to be paid at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours is to be regarded as part of the 38 ordinary hours of work.
22.7 Provisions applicable only to afternoon or night shifts
22.7.1 The provisions of 22.7 apply only to time worked on afternoon and night shifts and do not apply to time worked during the day.
22.7.2 The ordinary hours of work for afternoon and night shift workers shall be worked at the discretion of the employer on any days of the week, Monday to Sunday, subject to 22.5 and the penalty in 22.8.
22.7.3 For the purposes of this award:
22.7.3(a) Subject to 22.6.2(a)(i), afternoon shift means any shift finishing after 7.00 pm and at or before midnight.
22.7.3(b) Night shift means any shift finishing subsequent to midnight and at or before 9.00am.
22.7.4 Employees on an afternoon shift are entitled to a penalty of 15 per cent.
22.7.5 Except as provided for in 22.7.6, employees on a night shift are entitled to a penalty of 15 per cent.
22.7.6 An employee who:
During a period of engagement on shift, works night shift only; or
Remains on night shift for a longer period than four consecutive weeks; or
Works on a night shift which does not rotate or alternate with afternoon shift or with day work so as to give the employee at least one third of the working time off night shift in each shift cycle;
is entitled to a loading of 30 per cent for time worked on such night shift. This loading is in substitution for and not cumulative upon the night shift loading prescribed in 22.7.5.
22.7.7 Flexibility in relation to shift work hours
22.7.7(a) The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/s. Agreement in this respect may also be reached between the employer and an individual employee:
(i) In excess of 10 hours and up to 12 hours of ordinary time may be worked per shift, exclusive of meal breaks. The implementation of 12 hour shifts is subject to the provisions of 22.12.
(ii) A roster may operate on the basis that the weekly average of 38 ordinary hours is worked over a period which exceeds 28 consecutive days but does not exceed 12 months.
22.7.7(b) Where an agreement is reached by the majority of employees it shall apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.
22.7.7(c) Where an agreement is reached in accordance with 22.7.7, the agreement shall be recorded in the time and wages records.
22.8 Weekend penalty rate
[22.8.1 varied by PR927885 ppc 22Nov02]
22.8.1 Employees are entitled to a rate of time and one half for ordinary time worked:
between midnight on Friday and 7.00 a.m. on Saturday; and
between 1.00 p.m. on Saturday and midnight on Sunday.
22.8.2 The rate in 22.8.1 is in substitution for and not cumulative upon the afternoon and night shift loadings prescribed in 22.7.4, 22.7.5 and 22.7.6.
22.9 The loadings in clause 22 are not payable for periods of overtime or for time worked on public holidays.
22.10 Daylight saving
For work performed which spans the time of introduction or cessation of a system of daylight saving as prescribed by relevant State legislation, an employee shall be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock, at the end of work).
22.11 Make up time
22.11.1 An employee may elect, with the consent of their employer, to work "make up time" under which the employee takes time off during ordinary hours and works those hours at a later time during the spread of ordinary hours provided in this award.
22.11.2 An employee on shift work may elect, with the consent of their employer, to work "make up time" under which the employee takes time off during ordinary hours and works those hours at a later time at the shift work rate which would have been applicable to the hours taken off.
22.12 Twelve hour days or shifts
Implementation of twelve hour days or shifts is subject to the following:
Proper health monitoring procedures being introduced;
Suitable roster arrangements being made;
Proper supervision being provided;
Adequate breaks being provided; and
An adequate trial or review process being implemented.
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