TELSTRA SERVICE DELIVERY (WEST - ADELAIDE TECHNICAL SERVICES GROUP)
EMPLOYEE COLLECTIVE AGREEMENT 2009-2012
TABLE OF CONTENTS Clause Page Section 1: Definitions and interpretation for Part A only Definitions and interpretation 8 9 Section 2: Employment arrangements Employment types 9 12 Section 3: What an Employee gets paid Clause Page Salary increases 10 13 Telstra Performance Bonus 11 13 Salary packaging 12 14 Allowances (including Grandfathered Allowances) 13 15 Section 4: Leave arrangements Leave and public holidays 14 15 Section 5: Hours of work Hours of work 15 17 Shift work 16 20 Section 6: Workstream arrangements Workstream principles 17 21 Movement of employees 18 23 Customer Field Workstream (CFW) 19 23 Multi-functional work provisions - TW and TPW 20 24 Section 7: Other entitlements relating to work arrangements Overtime rates: full time Employees 21 25 Clause Page Overtime rates: part time Employees 22 25 Scheduled overtime worked from home 23 25 Exemptions 24 26 Section 8: Rest and breaks Rest relief 25 26 Rest breaks 26 27 Section 9: Redundancy and retrenchment Definition of redundancy 27 27 Retrenchment selection and notification 28 27 Redeployment 29 28 Voluntary redundancy 30 28 Retrenchment benefit 31 28 Retrenchment appeal process 32 29 Section 10: Dispute avoidance and consultation Dispute avoidance/resolution 33 30 Consultative arrangements 34 31 Clause Page Section 11: Relevant Awards Relationship to Relevant Awards and content requirements 35 32 Schedule A to Part A - Company Rates 34 Schedule B to Part A - Allowances 36 Schedule C to Part A- Log on and travel arrangements 39 Schedule D to Part A - Work at sea arrangements 42 Definitions and interpretation 36 45 What an Employee gets paid 37 47 Review of Employee remuneration 38 48 Job movement 39 50 Hours of work 40 50 Time away from work 41 51 Part time work 42 51 Casual work 43 51 Clause Page Employees covered by this Agreement 1 59 Coverage of Part A and Part B 2 59 Reversion to this Agreement: Employees covered by AWAs that have expired immediately before the Commencement Date 3 60 Reversion to this Agreement: Employees covered by AWAs or ITEAs that have not expired before the Commencement Date 4 61 Transferring from Part A to Part B 5 61
This agreement will be known as the Telstra Service Delivery (West - Adelaide Technical Services Group) Employee Collective Agreement 2009-2012 (Agreement).
2. Who this Agreement applies to
This Agreement applies to (the Parties):
(a) Telstra Corporation Limited (Telstra); and
(b) employees who are employed by Telstra in accordance with Schedule 1 (the Employees).
3.1 Employees whose employment is covered by any of the following agreements are
excluded from this Agreement:
(a) Telstra Senior Officers Agreement 1995;
(b) Telstra Retail Employee Collective Agreement 2007;
(c) Telstra Senior Officers/Minimum Rates Agreement 1996;
(d) Telstra Salesforce Agreement 1995; or
(e) Service Delivery One (All Regions) Employee Collective Agreement
2009-2012
3.2 Employees whose employment is subject to either of the following arrangements
are excluded from this Agreement:
(a) an AWA that has not been terminated; or
(b) an ITEA that has not been terminated.
3.3 This Agreement replaces the Telstra Enterprise Agreement 2005-2008 and the Telstra Redundancy Agreement 2002 in relation to the Employees.
4. When this Agreement applies
4.1 This Agreement begins operating on the Commencement Date, which is seven (7) days after the Workplace Authority notifies Telstra that the Agreem ent has passed the no-disadvantage test.
4.2 This Agreement's nominal expiry date will be three (3) years from the Commencement Date.
This Agreement has three (3) separate parts that apply as follows:
(a) "Operation of the Agreement" - applies to all Employees to whom this Agreement applies (see clause 2);
(b) "Part A" - applies to "Part A Employees" as described in Schedule 1 of the Agreement; and
(c) "Part B" - applies to "Part B Employees" as described in Schedule 1 of the Agreement.
6. Telstra relationship and representation principles
6.1 Telstra values and encourages a direct relationship between its Employees and managers in fostering high performing teams and co-operative relations at the workplace level.
6.2 Telstra also recognises that Employees have freedom of choice to either join or not join a union - and nothing in or about this Agreement as an Employee Collective Agreement stops an Employee from continuing to seek assistance from and/or be supported by a union, or any other representative of their choice, in relation to matters affecting their employment.
Unless expressly stated to the contrary, a reference in this Agreement to:
(a) AWA, means Australian Workplace Agreement;
(b) ITEA, means Individual Transitional Employment Agreement;
(c) Telstra Policy, means the relevant policy as varied from time to time; and
(d) the Workplace Relations Act 1996 or Workplace Relations Regulations 2006, unless otherwise stated is to be read as referring to the Act or the Regulations or their successors as amended from time to time.
PARTA-TERMS AND CONDITIONS FOR PARTA EMPLOYEES
Section 1: Definitions and interpretation for Part A only
8. Definitions and interpretation
The meanings of the terms used in Part A of this Agreement are set out below.
Term
Meaning
Actual Salary
the salary that an Employee is actually paid.
Actual Salary - Calculation of Salary Related Benefits
an Employee's Actual Salary will be the salary for all
purposes in calculating benefits under this Agreement,
including the calculation of redundancy, superannuation,
long service Leave and maternity leave entitlements.
Band
the level of a job within the relevant Workstream.
Company Rate
the annual rate of pay for jobs within a Band at any
particular time.
Core Jobs
jobs that have been graded and placed into Bands by the Telstra Job Evaluation and Classification System using agreed job descriptions. Core Jobs align particular job
duties with Bands for the life of this Agreement, and guide evaluators in determining the appropriate Band for new or substantially altered jobs.
Employee
when used in this Part of the Agreement, a Part A
Employee.
Grandfathered Allowance
an annualised allowance which is paid fortnightly and
calculated as the difference between the Company Rate for
their job and an Employee's Actual Salary. Any
Grandfathered Allowance will be paid in accordance with this Agreement.
Grandfathered Employee
an Employee who is entitled to a Grandfathered Allowance
as set out in this Agreement.
Grandfathered Employee's Actual Salary
the sum of the Company Rate for her or his job plus their
Grandfathered Allowance.
Increase Date 1
the date on which the first salary increase provided for in
this Agreement is payable. This will be 2 October 2008.
Increase Date 2
the date on which the second salary increase provided for
in this Agreement is payable. This will be 1 October 2009.
Increase Date 3
the date on which the third salary increase provided for in
this Agreement is payable. This will be 14 October 2010.
Performance a bonus calculated and paid in accordance with clause 11.
Bonus
Relevant Awards those awards set out in clause 35.1.
Telstra Job the grading system that will apply to all jobs covered by
Evaluation and Part A of this Agreement. It will involve the agreed Telstra
Classification Core Job Descriptions, as well as a system to grade jobs
System from scratch using a new job description. The system is
based on the Hay system of job evaluation.
Workstream a defined group of employees working in jobs which are
operationally and organisationally associated within Telstra.
Customer Sales Employees engaged principally in: the sale of products and
and Service services; managing of enquiries for Telstra customers; fault
Workstream reporting - who are not covered in the Customer Field
(CS SW) Workstream or Technical Workstream; telesales; billing and
credit management; and the direct supervision and direct support of employees employed in these functions.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
Support Employees engaged in work in Australia that is not in the
Workstream (SW) Technical Workstream, Customer Field Workstream,
Technology Professional Workstream or the Customer Sales and Service Workstream.
Customer Field Workstream (CFW) Employees engaged in Customer Access Network (CAN) construction and/or in the end to end installation, operation, maintenance and repair of all services for customers and/or in the supervision and/or direct operational support of such employees and the Testers in the service assurance call centres.
Technical Employees engaged in applying practical skills and
Workstream (TW) knowledge to the technical aspects of voice, data, video
and information technology and those engaged in the direct supervision of these employees. The work is focused on applying, either directly or in coaching others, technical know-how to solve problems around technical practices. It requires a suitable practical background. The exercise of technical judgement is required within a specific discipline or area of technical work.
Technology Employees engaged in applying theoretical skills and
Professional knowledge to voice, data, video and information
Workstream (TPW) technologies and related architecture and those engaged
in the direct supervision of these employees. The work is focused on applying, either directly or in coaching others, first principles to solve problems of a conceptual or novel nature in relation to the above technologies and architecture. It is characterised by longer term planning horizons. The work is undertaken within higher degrees of autonomy in determining the conceptual approach.
PARTA - TERMS AND CONDITIONS FOR PARTA EMPLOYEES
Section 2: Employment arrangements
9. Employment types
9.1 Types of work arrangements
9.1.1 Telstra may employ the following work arrangements:
(a) full time;
(b) part time;
(c) casual; or
(d) for a fixed period or specific project.
9.1.2 There is no limitation on the number and/or use of any type of work
arrangement.
9.2 Part time employment
A part time Employee is engaged to work fewer than 363A hours per week. A part time Employee will be eligible for the benefits of this Agreement, and those in the Relevant Awards, on a pro-rata basis.
9.3 Casual employment
9.3.1 A casual Employee is engaged to work as a casual.
9.3.2 A casual Employee may be engaged by the hour in ProActive Sales, or its
successor(s). Each engagement stands alone. A casual Employee will be engaged for a minimum of four (4) hours on each engagement. A loading of 20% will be paid in addition to the ordinary rate of pay. The loading will be paid in lieu of annual leave, personal leave, bereavement leave, paid parental or maternity Leave and additional payment for work on public holidays under this Part A. A casual Employee is not eligible for notice pay or redundancy pay / retrenchment benefits.
9.3.3 Notwithstanding clause 9.3.2, eligible casual Employees will still be entitled
to unpaid parental leave and leave on public holidays in accordance with the Workplace Relations Act.
9.3.4 Where a casual Employee works shift work the loading will not be included
in ordinary pay for the calculation of the shift penalty. A casual loading does not apply where a casual Employee works overtime. A casual Employee may be required to work overtime and will be paid overtime in accordance with clauses 22.1 and 22.2 of this Agreement. Clause 20 of the Telstra Corporation Genera[ Conditions Award 2001 (Meal Allowance) and Schedule B of this Part A (Allowances) also apply.
9.3.5 Casual Employees in areas other than ProActive Sales or its successor(s)
may be employed in accordance with a Relevant Award that applies to them.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
Section 3: What an Employee gets paid
10. Salary increases
10.1 The Company Rates that apply at each Increase Date are set out in Schedule A to
this Part.
10.2 Within 21 days of the Commencement Date, an Employee will receive a salary
increase to the Company Rate for their Workstream and Band of 4.5% back-paid to Increase Date 1.
10.3 On Increase Date 2, an Employee will receive a salary increase to the Company Rate
for their Workstream and Band of 4%.
10.4 On Increase Date 3, an Employee will receive a salary increase to the Company Rate
for their Workstream and Band of 4%.
10.5 Salary will be paid fortnightly in arrears.
11. Telstra Performance Bonus
An Employee will receive a Performance Bonus calculated by reference to the following table and this clause 11 if the Employee receives an annual performance rating on the individual business results measure of Significantly Exceeds Expectations (SE) or Exceeds Expectations (EE) in a Performance Year (or as pro-rated for any part period of service by the Employee under Part A in that Year):
Exceeds Expectations (EE) Significantly Exceeds Expectations (SE)
Performance Year 1
1 July 2007 - 30 June 2008 1.5% 2.5%
Performance Year 2
1 July 2008 - 30 June 2009 1.5% 2.5%
Performance Year 3
1 July 2009 - 30 June 2010 1.5% 2.5%
11.2 Calculation of the Performance Bonus will occur:
(a) for Performance Year 1, by applying the relevant percentage in
the table above to the Employee's Company Rate under the Telstra Enterprise Agreement 2005-2008 immediately before Increase Date 1;
PARTA - TERMS AND CONDITIONS FOR PARTA EMPLOYEES
(b) for Performance Year 2, by applying the relevant percentage in
the table above to the Employee's Company Rate under this Agreement immediately before Increase Date 2; and
(c) for Performance Year 3, by applying the relevant percentage in
the table above to the Employee's Company Rate under this Agreement immediately before Increase Date 3.
11.3 The Performance Bonus amount is inclusive of superannuation and will not form
part of the Employee's Actual Salary, the Company Rates, or Actual Salary -Calculation of Salary Related Benefits.
12. Salary packaging
12.1 Entitlement to salary package
12.1.1 An Employee is eligible for the following in accordance with Telstra Policy:
(a) salary packaging from 1April 2009; and
(b) employee benefits under the MyRewards program.
12.1.2 Where an Employee elects to salary sacrifice in accordance with this clause, Telstra will deduct a pre-tax amount (and where applicable, any amount that Telstra incurs in respect to taxation) from the Employee's Actual Salary and contribute it on their behalf for the purpose of the packaged benefit.
12.1.3 No election under this clause 12 will reduce the Employee's Actual Salary
for the calculation of Salary Related Benefits.
12.2 Pre-tax superannuation
12.2.1 From the Commencement Date, an Employee may request Telstra to deduct a pre-tax superannuation contribution from the Employee's Actual Salary.
12.2.2 Subject to the terms below, Telstra will deduct the pre-tax superannuation
contribution (and where applicable, any amount that Telstra incurs in respect to taxation of the pre-tax superannuation contribution) and contribute it on their behalf to the Employee's superannuation fund.
12.2.3 Such contribution will only be made if the superannuation fund rules
permit acceptance of such payment and Telstra is able to comply with all statutory requirements in relation to the contribution.
12.2.4 A request for deduction and contribution shall be made in accordance with a written form provided by Telstra.
12.2.5 Telstra shall comply with the Employee's request, and contribute the pretax superannuation contribution to the superannuation fund, within a reasonable period of time after Telstra receives a properly completed written form from the Employee.
12.2.6 No request under this clause will reduce the Employee's Actual Salary for the calculation of Salary Related Benefits.
PARTA- TERMS AND CONDITIONS FOR PARTA EMPLOYEES
13. Allowances (including Grandfathered Allowances)
13.1 The rates for the Allowances referred to in Schedule B to this Part A are payable from
the Commencement Date.
13.2 If on the date immediately prior to this Agreement coming into effect, an Employee
was being paid a Grandfathered Allowance under the Telstra Enterprise Agreement 2005-2008, then from the commencement of this Agreement the Employee will be paid the Company Rate for his or her job plus the Grandfathered Allowance.
Section 4: Leave arrangements
14. Leave and public holidays
14.1 General
14.1.1 An Employee's accrued leave balances immediately before the Commencement Date will continue to be recognised under this Agreement.
14.1.2 The Relevant Award terms relating to leave and public holidays continue to operate in relation to leave and public holidays, including the accrual and taking of leave benefits and leave loading set out below.
14.2 Annual leave
14.2.1 An Em ployee will receive four (4) weeks' paid annual leave each year or five (5) weeks' paid annual leave for a continuous shift worker in accordance with clause 16.4.
14.2.2 Leave accrues on a pro-rata basis and may be taken by an Employee at their initiative following such accrual, subject to the agreement of their manager.
14.2.3 The pay for annual leave is the Employee's pay rate at the time he or she takes annual leave plus 17.5% of the pay rate for the period of the annual leave taken or any additional amount which he or she would have received for working ordinary hours on a shift or Saturday or Sunday had he or she not been on annual leave.
14.3 Cashing out annual leave
If an Employee has more than four (4)weeks' annual leave accrued, the Employee may choose to cash out up to a maximum of two (2) weeks' annual leave in any 12 month period. The request to cash out their annual leave must be in writing. Telstra Policy applies to the payment of the benefit and procedures for requesting the benefit.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
14.4 Buying extra annual leave
An Employee may apply to forego payment of part of their Actual. Salary, and where approved Telstra will credit the Employee with additional annual leave. The request to buy extra annual leave must be in writing. Telstra Policy applies to the payment of the benefit and procedures for requesting the benefit.
14.5 Personal leave
14.5.1 An Employee will receive 15 days' personal leave each year, which may be taken as either sick leave or a combination of sick leave and a maximum of 10 days' carer's leave.
14.5.2 Any unused personal leave accrues.
14.6 Bereavement/compassionate leave
An Employee will receive up to three (3) days' paid bereavement/compassionate Leave per occasion.
14.7 Maternity leave
14.7.1 The terms and conditions of the Maternity Leave (Commonwealth Employees) Act 1973 (as at the date that it ceased to apply to Telstra) continue to apply to Employees for the life of this Agreement.
14.7.2 During an unpaid maternity leave period, an Employee may apply for and shall be granted accrued annual leave or long service leave. An Employee is not eligible to receive additional payments or time in lieu for public holidays during any such period of annual leave or long service leave.
14.7.3 An Employee shall receive her Actual Salary during any period of paid maternity leave, and annual leave or long service leave referred to in sub-clause 14.7.2.
14.7.4 An Employee who wants to return to part time work (or any flexible work arrangement) after maternity leave may apply to their manager. All applications for flexible working arrangements will be carefully considered, having regard to the Employee's needs and Telstra's business and customer requirements.
14.8 Parental leave
14.8.1 Where the Employee is the primary carer, the Employee will receive a total of up to 52 weeks' parental leave. Between one (1) and six (6) weeks of that 52 weeks may be paid, except if the Employee accesses maternity leave under clause 14.7.
14.8.2 Where the Employee is the secondary carer, the Employee will receive a total of one (1) week's paid parental leave, and up to a further two (2) weeks' unpaid parental leave.
14.9 Long service leave
14.9.1 The terms and conditions of the Long Service Leave (Commonwealth Employees) Act 1976 (as amended up until the date that it ceases to apply
PARTA - TERMS AND CONDITIONS FOR PARTA EMPLOYEES
to Telstra) will continue to be applied to Employees, excluding casual Employees, for the life of this Agreement.
14.9.2 This clause 14.9 operates to the exclusion of any State law in relation to long service leave or which provides any benefits in the nature of, or in respect of, long service leave.
14.10 Public holidays
14.10.1 In accordance with the Telstra Corporation General Conditions Award 2001, an Employee will usually be entitled to a paid day off, but may be required to work, on days declared as public holidays.
14.10.2 In deciding whether an Employee will be required to work on a public holiday, Telstra will consider factors which include:
(a) the nature of the work and Telstra's operational requirements;
(b) the Employee's personal circumstances including family/carer responsibilities; and
(c) the amount of notice provided to the Employee.
14.10.3 Subject to clause 24, where an Employee works on a public holiday, they will be paid in accordance with clause 12 of the Telstra Corporation General Conditions Award 2001.
Section 5: Hours of work
15. Hours of work
15.1 Full time Employees
A full time Employee's ordinary hours of work (other than a shift worker) will be 363/4 hours per week, worked between 7am and 7pm, Monday to Friday. If the Employee works in the Northern Territory, the daily span will start and finish half an hour earlier.
15.2 Start and finish times
Within the span of 7am to 7pm, normal start and finish times will be determined by the relevant manager, based on customer and operational needs and following discussions with the Employee. The discussion with the Employee will have regard to the Employee's preferences and family responsibilities. However, customer needs and operational requirements will be a significant consideration in determining start and finish times and the daily pattern of work. Outcomes will be distributed fairly across the work group.
15.3 Method of working ordinary hours
Ordinary hours may be worked in any pattern which provides for an average of 363/4 hours per week. However, areas of Telstra which currently operate under the Flexible Working Hours Scheme (based on seven (7) hours 21 minutes per day) or a nine (9)-
PARTA-TERMS AND CONDITIONS FOR PARTA EMPLOYEES
day fortnight (consisting of eight (8) hours 10 minutes per day) will continue to have access to those arrangements in a manner consistent with this Agreement, having regard to, in particular, those matters contained in clauses 15.2 and 15.5.
15.4 Facilitative agreements
15.4.1 The following provisions in clauses 15.4.2 to 15.4.8 below may be utilised
where appropriate.
15.4.2 An Employee and their supervisor/manager may agree, or a workgroup
and its supervisor/manager may agree (through majority vote of
Employees in the workgroup who are covered by this clause) in writing, to
vary the following things:
(a) the days of the week during which an Employee performs their ordinary hours of work;
(b) the number of hours per day during which an Employee performs their ordinary hours of work; or
(c) an Employee's span of hours.
15.4.3 The ordinary hours of work (36 34 hours per week) may be calculated as the average of the hours worked over a cycle of no longer than four (4)weeks with a minimum of two (2) rostered days off in that period.
15.4.4 The limits within which clause 15.4.2 may apply are as follows:
(a) for the days of the week - Monday to Sunday;
(b) for the number of hours per day - between 6 3/4 hours and 10 hours per day; and
(c) for the span of hours 7am to 7pm.
15.4.5 If an Employee makes an agreement under this clause, the Employee or
their workgroup (as applicable) will be entitled to payment at time and one half for ordinary hours worked on Saturday and double time for ordinary hours worked on Sunday. No overtime or other penalties will apply to these ordinary hours worked.
15.4.6 Either an Employee or their workgroup (through majority vote of
Employees covered by an agreement made under this clause), as applicable, or the supervisor/manager, may end the agreement on at least 14 days' written notice to the other. No financial penalty will apply to either party as a result of the agreement ending (e.g. shift closure payouts).
15.4.7 If an agreement is made under this clause, it will operate to the extent of
any inconsistency with clauses 15.2, 15.3, 16.1 or 16.2 of this Agreement.
15.4.8 To avoid doubt, neither party to an agreement made under this clause may take protected industrial action during the life of this Agreement about matters covered by this clause.
15.5 Committed scheduling
15.5.1 For Employees working ordinary hours between 7am and 7pm, Monday to Friday in Customer Call Centres, except for Employees covered by clause 16.5, a Committed Scheduling arrangement will apply in accordance with
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
clauses 15.5.2 - 15.5.11. Committed Scheduling covers the full range of work functions including call handling and non-call handling activities.
15.5.2 The Centre Manager will determine the timing and the need for the introduction of the scheme. Employees will be scheduled to work a total of 147 hours over a four (4)-week period, averaging 36 3A hours per week. Employees will be scheduled to work no more than 10 hours per day and no less than five (5) hours per day.
15.5.3 Schedule options will be developed on a four (4)-weekly cycle and take into consideration the needs of the business, together with the needs and preferences of Employees.
15.5.4 Individual schedules will include predetermined daily commencement, finish and meal break times plus up to two (2) scheduled days off over a four (4)-week period. The allocation of schedules to a centre will be based on the number of requested days off by Employees in that centre.
15.5.5 Allocation of individual schedules will be based on the needs of the business and Employee preferences. Where there are gaps between the required schedule numbers and Employee preferences, all final schedules will be determined by the Centre Manager.
15.5.6 Employees will receive a minimum of seven (7) days' notice of their four (4)
weekly schedule. The intent is to minimise variations in individual start times within a schedule and from schedule to schedule.
15.5.7 It is recognised that circumstances will arise from time to time that lead to
Employees not meeting scheduled start and finish times. The supervisor/manager will have discretion to facilitate alternative arrangements where appropriate.
15.5.8 An Employee may initiate schedule swaps, subject to the prior approval of
their supervisor/manager where there is no impact on the business.
15.5.9 Overtime will be paid where an Employee works beyond scheduled hours and the supervisor/manager does not facilitate time in lieu arrangements.
15.5.10 All unplanned leave will be recorded as equal to the amount of time an Employee was scheduled to work that day.
15.5.11 If an Employee is transferring from a site covered by this clause, the timing of the move will take into account the balance of hours worked; if the hours worked are in excess of the 36 3/4 hour weekly average, their supervisor/manager will arrange time off in lieu.
15.6 Part time Employees
15.6.1 A part time Employee's (other than a shift worker) ordinary hours of work will be scheduled in the period between 7am and 7pm, on any day between Monday to Friday. A part time Employee's minimum daily hours of part time work will be no less than three (3) hours. Telstra or the Employee may vary the part time hours of work by agreement.
15.6.2 If an Employee commenced part time employment (even if they were already employed by Telstra) after 21 December 2000, their hours of work may be varied on the same basis that they are varied for a full time
Employee working in an equivalent job in the same area.
PART A- TERMS AND CONDITIONS FOR PART A EMPLOYEES
15.6.3 A part time Employee will have reasonably predictable hours of work.
15.7 Meal break
There will be an unpaid meal break after no longer than five (5) hours of continuous work. The meal break will be at least 30 minutes in length and no more than one (1) hour, except in areas where the Flexible Working Hours Scheme operates where the meal break may be longer. Within these parameters, the timing of the meal break
will be at the discretion of the manager, taking into account any individual requirements.
16. Shift work
16.1 Hours of work for shift workers
An Employee may be engaged on shift work. The ordinary hours of work for shift work will:
(a) not exceed 36 'A hours per week or an average of 363% hours per week over a cycle of shifts for full time staff;
(b) be less than 36 hours per week or an average of less than 36 34 hours per week over a cycle of shifts for part time staff.
16.2 Shift arrangements
If an Employee is scheduled to work shift, where any part of the ordinary hours on that shift falls between the hours of 7pm and 7am Monday to Friday, they will be paid an additional 15% of their salary for all ordinary hours worked on that shift. Where an Employee is required to work their ordinary hours for a period exceeding four (4) weeks on a shift falling wholly within the hours of 6pm and sam, they will be paid an additional 30% of their salary for that shift.
16.3 Shift work (CFW/TW)
If an Employee is in a CFW or TW job, the shift provisions in clauses 16.1 and 16.2 above will apply, together with the provisions of clause 12.2 of the Telstra/CEPU Technical and Trades Staff (Salaries and Specific Conditions of Employment)Award 2001, and clauses 12.2, 12.2.1 and 12.6 of the Telstra/CPSU Award 2001.
16.4 Extra week's leave for continuous shift workers
If an Employee is a seven (7) day shift worker, that is, they are rostered to and work shifts regularly on Sundays and Public Holidays, they will be eligible for an additional week's annual leave after 10 Sundays worked as part of a seven (7) day shift. Where less than 10 Sundays are worked as part of a seven (7)day shift roster, additional leave will be proportionate; ie. 1/2 day for each Sunday worked. Where a
seven (7) day shift worker works an overtime shift on a Sunday, that work will constitute Sunday work for the purposes of this clause, provided that the overtime shift must be no less than the normally rostered shift hours. The additional week's leave will be for seven (7) consecutive days and includes non-working days. This sub-clause overrides clause 23.1.2 of the Telstra Corporation General Conditions Award 2001.
PART A - TERMS AND CONDITIONS FOR PARTA EMPLOYEES
16.5 Shift scheduling for CSSW Employees in Service Advantage, ProActive Sales, Tetstra
Conferencing (Audio) and Voice Solutions
16.5.1 For CSSW Employees working shift in Service Advantage, ProActive Sales,
Telstra Conferencing (Audio) and Voice Solutions, clauses 16.5.2 - 16.5.8 wilt
aPIDLY
16.5.2 An Employee's supervisor/manager will determine the timing and the need for the introduction of shifts. An Employee will be scheduled to work no more than 10 hours per day, and no less than five (5) hours per day.
16.5.3 Schedule options will be developed on a cycle and take into consideration
the needs of the business, together with the needs and preferences of Employees.
16.5.4 Individual schedules will include predetermined daily commencement; finish and meal break time etc, and the scheduled days off over the shift cycle. (Refer to clause 26 of this Agreement for the Rest Break arrangements).
16.5.5 Allocation of individual schedules will be based on the needs of the business and Employee preferences. Where there are gaps between the required schedule numbers and Employee preferences, all final schedules will be determined by the manager.
16.5.6 An Employee will receive a minimum of four (4)weeks notice of their new schedule. The intent is to minimise variations in individual start times within a schedule, and from schedule to schedule.
16.5.7 An Employee may initiate schedule swaps, subject to the prior approval of
their supervisor/manager where there is no impact on the business.
16.5.8 All unplanned leave will be recorded as equal to the amount of time the Employee is scheduled to work that day.
Section 6: Workstream arrangements
17. Workstream principles
17.1 Workstream allocation
An Employee's job is allocated to a Workstream. The Workstream definitions are
contained in Section 1 (Definitions and interpretation for Part A only) of this Agreement.
17.2 Workstream principles
The following Workstream principles apply to the operation of the Workstreams and the operation of this Agreement. The work in each Workstream will be evaluated in accordance with the Telstra Job Evaluation and Classification System, and these principles.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
Note:A copy of the current Telstra Job Evaluation and Classification System will be included with this Agreement when it is lodged with the Workplace Authority.
17.3 The Telstra Job Evaluation and Classification System
17.3.1 Each Band, within a Workstream, will have agreed representative Core Job Descriptions. There may be more than one Core Job Description for each Band. Core Job Descriptions will form part of this Agreement.
17.3.2 As part of the job evaluation and classification process, managers will design any new jobs that will go into the Workstream. Should the parties (being Telstra and any Employee to whom the new job applies) to this Agreement be unable to reach agreement on the appropriate grading of new jobs, the matter will be referred for review to a review team consisting of:
(a) an external consultant expert in Telstra's Job Evaluation and Classification System;
(b) a Telstra representative; and
(c) the Employee or a nominee representative of the Employee's.
A majority of the three-person team will determine the outcome and this outcome will be binding on the Parties to this Agreement without recourse to any further review or appeal.
17.3.3 Core Jobs will not be changed, reviewed or altered during the period of operation of this Agreement.
17.4 Job movement rules - voluntary transfer and promotion
17.4.1 Subject to clause 17.4.2, if an Employee chooses to move to another job or is promoted:
(a) to a job in another Workstream or Band under this Agreement, they will be paid the Company Rate for the new job; or
(b) to a job in another part of Service Delivery or Telstra not covered by this Agreement, they will cease to be covered by this Agreement and be paid the appropriate rate of pay under the applicable terms and conditions for that job.
17.4.2 If a Grandfathered Employee chooses to move to another job or is promoted:
(a) to a job in another Workstream or Band under this Agreement:
(i) the Grandfathered Employee's Actual Salary will not be reduced;
(ii) they will be paid the Company Rate for the new job; and
(iii) to ensure that their Actual Salary is retained any Grandfathered Allowance that they previously received will automatically adjust (up or down), or
(b) to a job in another part of Service Delivery or Telstra not covered
by this Agreement, they will cease to be covered by this Agreement but:
PARTA - TERMS AND CONDITIONS FOR PARTA EMPLOYEES
(i) the Grandfathered Employee's Actual Salary will not be reduced;
(ii) they will be paid the appropriate rate of pay under the applicable terms and conditions for that job; and
(iii) to ensure that their Actual Salary is retained, any Grandfathered Allowance that they previously received will automatically adjust (up or down).
17.5 Telstra transfers and redeployees
If an Employee is transferred or redeployed by Telstra to a new job within Telstra where the work is substantially the same, or is redeployed under clause 29, this Agreement will continue to apply and:
(a) if the Employee's Actual Salary for their old job is less than the Company Rate for their newjob, they will be paid the Company Rate for the newjob; or
(b) if the Employee's Actual Salary for their old job is greater than the Company Rate for their newjob, they will be paid the Company Rate for the newjob plus a Grandfathered Allowance equal to the difference between their old Actual Salary and the Company Rate for the newjob. An Employee's Grandfathered Allowance will replace any Grandfathered Allowance that they may have previously received (as part of the Employee's Actual Salary) for their old job.
17.6 Temporary assignment to a higher position
Subject to clauses 19 and 20, if an Employee is temporarily occupying a higher position, they will receive the Company Rate for the job to which they have been temporarily assigned. If the Employee is a Grandfathered Employee, any Grandfathered Allowance that they are being paid will automatically adjust to ensure that their Actual Salary is retained for the period of the temporary assignment.
18. Movement of Employees
Movement to another job will be on the basis of merit selection. Where a job requires an Employee to be licensed or to possess relevant permits or formal qualifications, those requirements will be specified in individual job descriptions. Otherwise, there will be no mandatory qualifications for any job.
19. Customer Field Workstream (CFW)
19.1 Structure of CFW Work
In the CFW, the basic field workforce structure is a team. A team will cover either a geographic area or an overlaying specialist activity for a number of geographic team
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
areas. A team will be headed by a Team Leader and consist of a variable number of generalist and/or specialist Employees.
19.2 Multi-functional work provisions - CFW
19.2.1 An Employee engaged in a CFW job may be requested to perform any CFW function at or below their work Band and if they have the necessary tool set (ie. Training/Competency, Tools, Required Equipment, Vehicle) they will use their skills and abilities to complete the task competently.
19.2.2 An Employee may also be requested to perform higher level functions, typical of higher Bands in the CFW, in a temporary capacity during times of peak work load or for employee development purposes, where they have the appropriate tool set. Such requests should be the exception, not the rule, in work allocation and usually would result from jeopardy avoidance or an urgent, first-in response requirement. Employees are expected to use their skills and abilities to complete the task competently.
19.2.3 If an Employee is required to frequently work at a higher Band,
consideration will be given to an ongoing requirement for a higher Band job.
19.3 Log on and travel arrangements
Log on and travel arrangements for CFW Employees will be in accordance with Schedule C to this Part A.
20. Multi-functional. work provisions - TW and TPW
20.1 An Employee engaged in a TW job may be requested to perform any TW function at
or below their work Band. An Employee engaged in a TPW job may be requested to perform any TPW function at or below their work Band. If the Employee has the necessary tool set (ie. Training/ Competency, Tools, Required Equipment, Vehicle) they will use their skills and abilities to complete the task competently.
20.2 An Employee may also be requested to perform higher level functions, typical of
higher Bands in the TW or the TRW, respectively, in a temporary capacity during times of peak work load or for employee development purposes, where they have the appropriate tool set. Such requests should be the exception, not the rule, in work allocation and usually would result from jeopardy avoidance or an urgent, first-in response requirement. Employees are expected to use their skills and abilities to complete the task competently.
20.3 If an Employee is required to frequently work at a higher Band, consideration will be
given to an ongoing requirement for a higher Band job.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
Section 7: Other entitlements relating to work arrangements
21. Overtime rates: full time Employees
21.1 Telstra may require an Employee to work reasonable overtime. An Employee
authorised to work overtime will be paid at the overtime rates prescribed in the Relevant Award for overtime worked.
21.2 If an Employee is engaged in a CFW or TW job, the provisions of clause 14 of the
Telstra/CEPU Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 2001 will apply.
22. Overtime rates: part time Employees
22.1 A part time Employee may be requested, but not required, to work overtime.
Overtime, when worked and authorised, will be paid at the rates provided in clause
22.2, after the Employee has worked ordinary hours equivalent to a full time Employee, or weekly hours exceeding 3624.
222 A part time Employee will be paid overtime rates as follows:
(a) outside the span of ordinary hours or outside the regularly scheduled full time equivalent ordinary hours - 150% for the first three (3) hours and 200% thereafter;
(b) on a Sunday - 200% for all time worked;
(c) on a public holiday - 250% for all time worked; and
(d) on a Saturday, for a shift worker - 200% for all time worked.
22.3 If an Employee works additional time, which is not overtime as defined, the
additional time worked will be paid for at the ordinary time rate. Any additional hours paid at ordinary time will count for the pro rata accrual of annual leave and personal leave.
23. Scheduled overtime worked from home
23.1 Scheduled overtime worked from home occurs where:
(a) an Employee is scheduled and agrees to perform non-continuous overtime worked from home; and
(b) the work scheduled can be performed from home.
23.2 If an Employee is scheduled to work overtime from home, the Employee will be paid
for the actual time worked subject to a minimum payment period of one (1) hour at double time.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
23.3 Employees will be given at least two (2) working days' notice of any scheduled
overtime under this clause, unless a shorter notice period is agreed between the Employee and the manager.
23.4 If an Employee is scheduled to perform work at home, which can be effectively
performed from home, but elects to perform the work at the worksite, the Employee will only be paid as if the work was performed at home.
23.5 Employees who are ineligible for overtime payment as described in clause 24 of this
Agreement will not be paid under the provision of clause 23.2.
23.6 Clause 25.2 of this Agreement (Rest Relief) applies to Employees who perform work
under this clause.
24. Exemptions
24.1 If an Employee is engaged in a CSSW or SW job, and their Actual Salary exceeds
$72,975 (from Increase Date 1), $75,894 (from Increase Date 2) or $78,930 (from Increase Date 3) (including Temporary Assignment Allowance), the Employee will not be eligible to receive the payments prescribed in clauses 21.1, 22 or 23 (Overtime) and clause 3B of Schedule B to Part A (Essential Customer Servicing), or additional payments relating to rostered work on public holidays or excess travelling time
contained in the Telstra Corporation General Conditions Award 2001.
24.2 If an Employee is engaged in a job in the SW, TPW, CFW or TW Workstreams at Band
9 or above (including on Temporary Assignment Allowance), the Employee will not be eligible to receive the payments prescribed in clauses 21, 22, 23 or 3B of Schedule B to this Part A (Essential Customer Servicing) or additional payments relating to rostered work on public holidays or excess travelling time contained in the Telstra General Conditions Award 2001.
24.3 The exclusion in clause 24.2 does not apply to any CFW or TW employee whose job is
that of a technical specialist/expert.
24.4 The exclusion in clause 24.2 does not apply to any TPW employee whose job is that
of a technical specialist graded at Band 9.
Section 8: Rest and breaks
25. Rest relief
25.1 An Employee will have at least 10 consecutive hours off work (inclusive of reasonable
travelling time) between periods of ordinary hours work.
25.2 (a) Where an Employee works overtime between periods of ordinary hours
work, they will have 10 consecutive hours off work between these times,
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
before commencing the next period of ordinary hours work, without loss of pay.
(b) If an Employee is required to resume or continue work without having 10
consecutive hours off work, they will be paid at double rate untilthey cease that period of work, and they will then be eligible to be absent from work until they have 10 consecutive hours off work, without loss of pay for any ordinary hours work scheduled during that absence.
25.3 Notwithstanding the provisions of clause 25.2, where overtime is worked under the
Relevant Award Emergency Duty provisions, rest relief will only apply when the time worked is at least three (3) hours (including travelling time) on a call.
25.4 The provisions of this clause do not apply where an Employee wishes to change their
scheduled shift, and their manager agrees to the change.
26. Rest breaks
26.1 Eligibility
Where on Employee is employed in a CSSW job that was previously covered by the 'Telstra/CEPU Operators/Job Work Design Review Agreement 1997' or `PSUffelstra Agreement for Conditions of Employment at the National Telemarketing Centre 1994', the Employee will continue to have access to rest breaks under the same arrangements as previously provided for by those agreements, as set out in this clause.
Section 9: Redundancy and retrenchment
27. Definition of redundancy
An Employee's job may be redundant where:
(a) for operational, economic, technological, or structural reasons, the requirement to carry out work of a particular kind has ceased or has been significantly reduced; or
(b) Telstra has determined that the function being undertaken by the Employee will no longer be undertaken by Telstra or at that location by Telstra.
28. Retrenchment selection and notification
28.1 An entitlement to the retrenchment payments set out in this Section 9 will only arise
where and when an Employee whose job is redundant is retrenched by Telstra. Telstra retains the discretion as to whether an Employee is retrenched.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
28.2 Telstra will use objective criteria in a selection process for retrenchment.
28.3 Telstra will provide an Employee with a minimum of 14 days' written notification of
their proposed retrenchment (Notification Period). Except in accordance with clause 32.2.7 in relation to a retrenchment appeal, the Notification Period will not be stayed or extended.
28.4 During the Notification Period the Employee can seek advice, apply for other jobs at
Telstra or, in certain circumstances, appeal their selection for retrenchment.
29. Redeployment
29.1 Where an Employee notified of proposed retrenchment advises Telstra that they
wish to seek redeployment, Telstra will endeavour to assist the Employee to find another job at Telstra and may allow the Employee to work through all or part of their notice period to continue their job search up to the termination date.
29.2 Where the Employee is accepted for another job at Telstra during the Notification
Period or their notice period, the Employee will be redeployed and paid in the new job in accordance with clause 17.5.
30. Voluntary redundancy
Telstra may seek applications for voluntary redundancy and consider any application made by an Employee for retrenchment. However, nothing in this Agreement will require Telstra to accept an application for voluntary redundancy or retrenchment.
31. Retrenchment benefit
31.1 An Employee's retrenchment benefit will be calculated based on:
(a) the Employee's Actual Salary; and
(b) the Employee's continuous service as at the day the Employee's employment ends. Only service with Telstra (or service with another employer where Telstra has expressly agreed to recognise continuity of service)will count as continuous service for the purpose of calculating retrenchment benefits under this clause.
31.2 An Employee who is retrenched by Telstra will be paid the following redundancy
benefits upon retrenchment:
(a) four (4) weeks' pay for each completed year of continuous service up to five (5) years;
(b) three (3)weeks' pay for each completed year of continuous service thereafter, plus a pro-rata payment for each completed month of continuous service since the last completed year of continuous service;
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
(c) for Employees over 50 years of age, four (4)weeks' pay for each year of service beyond 50 years of age, including pro-rata adjustment for each completed month of continuous service since the last completed year of continuous service; and
(d) the minimum sum payable under this clause will be four (4) weeks' salary and the maximum will be 80 weeks' salary.
31.3 For the purpose of calculating any payment under clause 31.2:
(a) where an Employee has been acting in a higher position for a continuous period of at least 12 months immediately preceding the date on which the Employee receives notice of retrenchment, the salary level will be the Employee's salary in such higher position at that date;
(b) where an Employee has, during 50 per cent or more of pay periods in 12 months immediately preceding the date on which the Employee receives notice of retrenchment been paid an allowance for shift work, the weekly average (calculated over a year) am ount of shift allowance received during the 12 month period will be counted as part of 'weekly salary%
(c) other allowances, being allowances in the nature of salary, may be included with the approval of Telstra.
31.4 An Employee who is retrenched by Telstra will also be entitled to the following
benefits:
(a) four (4) weeks' pay in lieu of notice (with an additional week if the Employee is over 45 years of age with more than two (2) years' continuous service), unless Telstra agrees to allow the Employee to work through part or all of their notice period in accordance with clause 29.1 in which case only the balance of any unserved notice will be paid in lieu;
(b) salary payments up to the date of the Employee's cessation of employment (i.e. amounts owing since the Employee's last pay);
(c) accrued but untaken annual leave;
(d) an amount equivalent to pro-rata long service leave after one (1) year's continuous service;
(e) counselling and advisory services through the Employee Assistance Program in accordance with Telstra Policy; and
(f) $4,500 gross job search payment.
31.5 Where an Employee is working part time on the date of termination, the service
based component of their retrenchment benefit will be based on the weighted average of the Employee's part and full time service, which will not be Less than the current part time status as at the date of termination.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
32. Retrenchment appeal process
32.1 An Employee who is notified of their selection for proposed retrenchment may
appeal their assessment, ranking and/or selection for retrenchment (unless the redundancy arises as a result of the closure of a site or a discrete function or activity at a particular site).
32.2 The appeal process will be conducted as follows:
32.2.1 The Employee must lodge the appeal in writing within 48 hours of receiving the written notification of their proposed retrenchment. No appeals will be allowed outside this period.
32.2.2 The appeal must state the grounds of appeal in full. Any grounds not
stated in the written appeal will not be considered on appeal.
32.2.3 A manager not involved in the original decision will be allocated the
appeal to review along with any relevant documentation.
32.2.4 The Employee will be given an opportunity to be heard. The time, place and manner of this opportunity to be heard will be at the discretion of the manager who has been allocated the appeal. The appeal process shall not be delayed or stayed by a failure of an Employee to accept the opportunity to be heard.
32.2.5 The manager allocated the appeal will, within 10 business days, make a decision on the appeal and communicate the decision to the Employee. The decision will be to:
(a) uphold the assessment, ranking and/or selection for retrenchment; or
(b) set aside the assessment, ranking and/or selection for
retrenchment and remit the matter to the manager who made the assessment, ranking and/or selection to re-determine their decision in accordance with any recommendations made.
32.2.6 A decision under clause 32.2.5 will be final as will any redetermination made following that decision.
32.2.7 The retrenchment process will be stayed until the decision is communicated under clause 32.25.
32.2.8 An Employee may nominate a representative of their choice at any stage of this process.
Section 10: Dispute avoidance and consultation
33. Dispute avoidance/resolution
33.1 The Parties are committed to avoiding industrial disputation.
PART A- TERMS AND CONDITIONS FOR PART A EMPLOYEES
33.2 Telstra aims to provide a productive, safe and non-discriminatory work environment
for its Employees. This environment should be characterised by co-operation, mutual respect and open communication between Employees and managers.
33.3 Where Employees experience work-related problems, in the first instance the matter
may be raised with their immediate supervisor who will attempt to resolve the problem within a reasonable time, ie. within two (2) working days.
33.4 If the matter cannot be resolved with the Employees' supervisor, it may be taken to
the supervisor's manager who will seek resolution within two (2) working days, failing which the assistance of a more senior manager may be sought.
33.5 If the matter has not been progressed to the satisfaction of the parties to the dispute
within six (6) working days from the time it was first raised with the supervisor, it may be referred to the relevant Group Managing Director and the Director, Human Resources of the Business Unit, for resolution within five (5) working days. During the period referred to in clauses 33.1 to 33.5 inclusive, normal work will continue and Telstra will not implement the matters in dispute. After completion of these steps,
Telstra may implement the matters in dispute without prejudice to the final resolution of the matter.
33.6 If the matter still remains unresolved, the Employees or Telstra may refer it to an
agreed mediator, which may be the Australian Industrial Relations Commission. The role of the mediator is limited to providing assistance to the Employees or Telstra in an attempt to address and, if possible, resolve the matter in dispute by mediation/conciliation as quickly as possible.
33.7 The Parties agree that the Director, Human Resources of the Business Unit and the
relevant Employees may agree to waive these time limits in whatever manner is necessary to aid dispute resolution. However, the importance of the nominated manager and Employees accepting responsibility for the issues within the agreed timeframes is also acknowledged by the Parties.
33.8 Nothing in these procedures will:
(a) prevent any party from exercising its rights under the Workplace Relations Act 1996; or
(b) prejudice the position of a party in a genuine health and safety situation.
33.9 The Employees may nominate a representative of their choice at any stage of this
process.
34. Consultative arrangements
34.1 The Parties recognise that the telecommunications industry is becoming more
competitive and continues to be subject to significant change.
34.2 Against this background, Telstra remains committed to providing secure
employment for Employees in a manner consistent with prudent management.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
34.3 Telstra acknowledges that some business decisions will impact on Employees'
personal and working lives and is committed to minimising any adverse impact to the extent practicable. The following Consultative Arrangement will assist in this.
34.4 Where Telstra proposes to introduce significant business initiatives or major changes,
which have a demonstrable impact on Employees (including Telstra Policy which affects employment conditions), managers will consult with the Employees who may be affected by the proposed changes as early as practicable. A demonstrable impact on Employees wilt arise in circumstances such as major changes in technology, outsourcing, or the composition, operation or size of Telstra's workforce or in the skills required, the elimination or diminution of job opportunities.
34.5 Telstra will consult with the Employees affected on the introduction of the changes
referred to in clause 34.4, the effect the changes are likely to have on the Employees, and where possible the measures to avert or mitigate the adverse effects of such changes on Employees. Further, Telstra will give consideration to matters raised by
the Employees, in relation to the changes and give reasons for its decisions.
Section 11: Relevant Awards
35. Relationship to Relevant Awards and content requirements
35.1 Subject to clauses 35.2 and 35.4, this Agreement incorporates by reference into Part
A the following awards as in operation immediately before the Commencement Date:
(a) Telstra Corporation General Conditions Award 2001;
(b) Telstra/CPSU Award 2001;
(c) Telstra/APESMA Award 2001;
(d) Telstra/CEPU Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 2001;
(e) Telstra/CEPU Lines and General (Salaries and Specific Conditions of Employment) Award 2001; and
Telstra/CEPU Operators (Salaries and Specific Conditions of Employment) Award 2001.
35.2 Where provisions of the Relevant Awards are expressly referred to or "called-up" in
this Agreement, the reference or "call-up" only occurs to the extent that the term is incorporated in accordance with clause 35.1.
35.3 Without limiting clause 35.4, this Agreement does not incorporate and excludes:
35.3.1 any term of the Relevant Awards to the extent that the Relevant Award term is not an allowable matter under Division 2 of Part 10 of the Workplace Relations Act 1996 (as in force just before this Agreement is made); and
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
35.3.2 the clauses of the Relevant Awards that are not applicable and/or are prohibited content under section 356 of the Workplace Relations Act 1996 (as in force just before this Agreement is made), those clauses being:
(a) clauses 4.1.1, 27.4.1, 27.4.2 and 27.5.2 of the Telstra Corporation Genera[ Conditions Award 2001;
(b) clauses 3.2, 4.2, 4.4, 11.3 and 17 of the Telstra/CPSU Award 2001;
(c) clauses 3.2, 4.2 and 17 of the Telstra/APESMA Award 2001;
(d) clauses 3.2, 4.2 and 17 of the Telstra/CEPU Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 2001;
(e) clauses 3.2, 4.2 and 11.3 of the Telstra/CEPU Lines and General (Salaries and Specific Conditions of Employment) Award 2001; and
clauses 3.2, 4.2 and 19 of the Telstra/CEPU Operators (Salaries and Specific Conditions of Employm ent) Award 2001.
35.4 The express terms of this Agreement prevail over the incorporated terms of the
Relevant Awards to the extent of any inconsistency.
PART A- TERMS AND CONDITIONS FOR PART A EMPLOYEES
SCHEDULE A TO PART A - COMPANY RATES
Workst r ea m Classification CSS.W
Band 1 Current EA
Company
Rates
$37,096 Increase Date
1
4.5%
$38,765 increase Date
2
4.0%
$40,316 Increase Date
3
4.0%
$41,929
Band 2 $38,951 $40,704 $42,332 $44,025
Band 3 $41,424 $43,288 $45,020 $46,820
Band 4 $42,659 $44,579 $46,362 $48,216
Band 5 $44,515 $46,518 $48,379 $50,314
Band 6 $54,408 $56,856 $59,131 $61,496
Band 7 $59,354 $62,025 $64,506 $67,086
Band 8
Band 1 $64,300
$37,937 $67,194
$39,644 $69,881
$41,230 $72,676
$42,879
Band 2 $40,969 $42,813 $44,525 $46,306
Band 3 $42,523 $44,437 $46,214 $48,063
Band 4 $44,367 $46,364 $48,218 $50,147
Band 5 $48,346 $50,522 $52,542 $54,644
Band 6 $53,347 $55,748 $57,978 $60,297
Band 7 $58,512 $61,145 $63,591 $66,134
Band 8 $65,113 $68,043 $70,765 $73,595
Band 9 $71,568 $74,789 $77,780 $80,891
Band 10 $83,007 $86,742 $90,212 $93,820
Band 11
:11N
.......
Band 1 $87,448
$37,147 $91,383
$38,819 $95,038
$40,371 $98,840
$41,986
Band 2 $44,787 $46,802 $48,675 $50,621
Band 3 $48,088 $50,252 $52,262 $54,353
Band 4 $52,522 $54,885 $57,081 $59,364
Band 5 $59,479 $62,156 $54,642 $67,227
Band 6 $62,108 $64,903 $67,499 $70,199
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
Wor!% stream Classification
Tw
Band 7 Current EA
Company
Rates
$64,798 Increase Date
1
4.5%
$67,714 Increase Date Increase Date
2 3
4.0% 4.0%
$70,422 $73,239
Band 8 $71,621 $74,844 $77,838 $80,951
Band 9 $80,528 $84,152 $87,518 $91,019
Band 10 TPW
Band 8 $86,398
$71,621 $90,286
$74,844 $93,897
$77,838 $97,653
$80,951
Band 9 $80,528 $84,152 $87,518 $91,019
Band 10 $96,449 $100,789 $104,821 $109,014
Band 11 $101,396 $105,959 $110,197 $114,605
Band 12
CFW
Band 1 $102,755
$37,147 $107,379
$38,819 $111,674
$40,371 $116,141
$41,986
Band 2 $44,787 $46,802 $48,675 $50,621
Band 3 $48,088 $50,252 $52,262 $54,353
Band 4 $52,522 $54,885 $57,081 $59,364
Band 5 $59,479 $62,156 $64,642 $67,227
Band 6 $62,108 $64,903 $67,499 $70,199
Band 7 $64,798 $67,714 $70,422 $73,239
Band 8 $71,621 $74,844 $77,838 $80,951
Band 9 $77,350 $80,831 $84,064 $87,427
Band 10 $81,851 $85,534 $88,956 $92,514
PART A - TERMSAND CONDITIONS FOR PART A EMPLOYEES
SCHEDULE B TO PART A - ALLOWANCES
113. Wearing of breathing apparatus allowance
If an Employee is required to work in areas where asbestos is evident they will wear respiratory protective equipment supplied by Telstra. The respiratory equipment will
conform, where relevant, to the Australian Standard 1716 (Specification for Respiratory Devices). The Employee will be paid a Breathing Apparatus Allowance at the rate of $1.41 for each hour worked in such an area.
2B. Linguistic allowance
If an Employee is directed to perform, in addition to their other work, work which consists of:
(a) translating speech or written material from one language to another; or
(b) communicating information to a disabled person by means of signs, and translating signs made by a disabled person,
they will be paid, while the direction remains in force, a Linguistic Allowance of $620 per annum.
3B. Essential customer servicing
3B.1 Scheduling Arrangements
3B.1.1 (a) In order to satisfy essential customer servicing requirements,
Tetstra may schedule an Employee to be available to respond to business needs outside ordinary hours of work.
(b) In any scheduling arrangement, Telstra will have regard to an Employee's ability to be at, or to remotely access, the worksite within a timeframe, which meets its particular business needs.
(c) The scheduling of an Employee for the purposes of this clause is the responsibility of the manger. Eligibility for this allowance is based upon the Employee's manager expressly scheduling them in accordance with the provisions of this clause. The provision of a pager or mobile phone for contact purposes does not
automatically attract the operation of this clause.
3B.1.2 Employee scheduling for the purposes of this clause will be based on a weekly cycle as follows:
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
(a) On-Call:
An Employee is required to remain contactable and available within a reasonable time to return to work. Payment will be $7.96 per night and $18.36 per day and night.
(b) Emergent-Call:
An Employee is required to be available and ready to return to work with 30 minutes. Payment will be $15.91 per night and $36.60 per day and night.
(c) Immediate-Call:
An Employee is required to remain at home and be ready for immediate recall to work. Payment will be $6.73 per hour.
3B.2 Payment for work
3B.2.1 For the purposes of this clause, return to duty may either be undertaken via remote access, by providing technical advice over the telephone or a return to the worksite as the work requires.
3B.2.2 No payment will be made to an Employee under this clause where they have been appropriately scheduled but they do not, or cannot, to the required degree of readiness, respond to a call to duty. In addition to the amount referred to in clause 3B.1 above, if an Employee is required to:
(a) report to the worksite or a customer's premises - they will be paid at the relevant overtime rate for actual hours worked (including travel time) subject to the minimum payment provisions contained in clause 11- Overtime, Minim urn Payment of the Telstra Corporation General Conditions Award 2001; or
(b) perform work at home - they will be paid at the relevant overtime rate for the actual hours worked subject to a minimum payment of one (1) hour.
3B.2.3 If an Employee is not scheduled in accordance with clause 3B but they are contacted to perform duty at horn e they will be paid at double time for the actual time worked subject to a minimum payment of one (1) hour.
3B.2.4 If an Employee is called upon to perform work at home, which can be effectively performed at home, but the Employee elects to perform the work at the worksite, they will only be eligible for payment as if the work was performed at home.
3B.2.5 If an Employee is ineligible for overtime or payment for holiday
work as described in clause 24 of this Agreement they will not be eligible for payment under clause 3B.
PARTA-TERMS MO CONDITIONS FOR PARTA EMPLOYEES
4B. Height allowance
If an Employee is required to carry out work on a tower, mast, guy-rope and all telecommunications structures on the externalfaces of buildings and parapets, at a height of at Least 15 metres for a minimum of two (2) hours in any day, they will be paid a Height Allowance at the rate of $6.24 for each such day.
5B. First aid allowance
First aid attendants may be nominated at the manager's discretion in accordance with Telstra's Occupational Health & Safety Policy. Nominated first aid attendants
will be trained and certified to St John's Ambulance Australia Senior First Aid standard or equivalent and paid an allowance of $8.32 per week.
6B. Country Employees meal allowance
An Employee entitled to a Country Employees Meal Allowance will be paid $12.04 per occurrence in accordance with the Relevant Award.
7B. Office renovations allowance
An Employee entitled to an Office Renovations Allowance will be paid $2.90 per shift in accordance with the Relevant Award.
8B. Meal allowance
If an Employee is entitled to a Meal Allowance in accordance with clause 20 of the Telstra Corporation General Conditions Award 2001, that allowance will be paid at the rate of $15.50.
PARTA- TERMS AND CONDITIONS FOR PARTA EMPLOYEES
SCHEDULE C TO PART A - LOG ON AND TRAVEL ARRANGEMENTS (CFW)
1 C. Field-based Employees - Travel to worksites
A field based Employee in the CFW may be supplied with a Telstra vehicle to enable them to do their job. If an Employee is supplied with a Telstra vehicle they will be required to sign a Commuter Use Approval document concerning the vehicle's use, care and maintenance.
Note 1: If an Employee currently has a Telstra vehicle under the Part Private Use Arrangement that existed before 1 March 1999, these arrangements continue to apply. Part Private Use is not available to other Employees.
Note 2: An extract of the Operational Vehicles Policy setting out the business rules
for Commuter Use Category Vehicle usage will be provided to the Workplace Authority upon lodgement of this Agreement. An Employee supplied with a Telstra
vehicle is required to commence and cease work at a customer's premises in accordance with this Schedule C.
2C. Start of day procedures - first job received on the day
These procedures apply where an Employee receives their first job of the day by logging on to an automated dispatch terminal, where one is provided, or by other means, eg. telephone/electronic. The procedures in this sub-clause do not apply to an Employee who receives their first job of the day the previous evening.
Living within their work area:
(a) Where an Employee Lives within their work area they are required to commence to log on no later than 30 minutes before their "on site" start time.
(b) After Logging on and receiving their first job they will commence travel to their first job. They will travel without unnecessary delay. Where it takes 30 minutes or less for the Employee to log on and travel to their first job, they are required to be on site at their start time.
(c) The 30 minutes log on and travel time described above does not constitute paid work.
(d) 'Work area' means the geographical area in which an Employee is normally expected to work. The geographical work area is determined by the volume of work undertaken by a team member under a team leader. This work area can be described by a number of telephone exchanges. Employees are allocated to a work area and these work areas will be the points of reference to calculate any arrangements contemplated in clause 7C.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
These procedures apply where an Employee receives their first job of the day by an
automated dispatch terminal, where one is provided, or by other means, eg. telephone/electronic, the night before the following working day.
Living within their work area:
(a) Where the Employee lives within their work area they are required to travel up to 30 minutes in their own time in order to get on site to commence their first job at their start time.
(b) The 30 minutes travel time described above does not constitute paid work.
(e) Where travel to the first job will exceed 30 minutes the Employee
should make arrangements with their supervisor/manager to either:
travel any time in excess of 30 minutes in ordinary work time; or
take time off in lieu equivalent to the time in excess of the 30 minutes; or
be paid overtime at the appropriate rate for travel time in excess of 30 minutes.
(f) 'Work area' means the geographical area in which an Employee is
normally expected to work. The geographical work area is determined by the volume of work undertaken by a team member under a team Leader. This work area can be described by a number of telephone exchanges. Employees are allocated to a work area and these work areas will be the points of reference to calculate any arrangements contemplated in clause 7C.
4C. Where an Employee lives outside their work area
Where an Employee lives outside their work area, time spent travelling between their home and the boundary of the work area whether going to or returning from work, will also be deemed as unpaid work in addition to the unpaid 30 minutes travel time described in clauses 2C(c) and 3C(b) above.
5C. Where an Employee is required to travel to another work area
Where an Employee is required to start work in another work area, they will not be required to travel in their own time for a period greater than that described in clause 4C above.
PART A - TERMS AND CONDITIONS FOR PART A EMPLOYEES
6C. End of day procedures
Employees (covered by clauses 2C - 5C) will be expected to travel for the same time period (unpaid) described above in order to return home at the end of each day.
Where travel will exceed this travel time the Employee should contact their supervisor/Work Management Centre as necessary due to local circumstances, to seek direction on whether they should leave early or overtime should be worked.
7C. Transfer to another work area
In the case of permanent transfer to another work area, the appropriate relocation policy, as varied from time to time, will apply.
8C. Return of motor vehicles
During any industrial dispute involving Employees covered by this Agreement, if so directed, an Employee must deliver his/her Telstra-provided vehicle to a place nominated by Telstra, and provide the keys of that vehicle to a person nominated by Telstra.
SCHEDULE D TO PART A - WORK AT SEA ARRANGEMENTS
1 D . Work at sea
Work at sea will mean any time where an Employee is required to do work on a sea going vessel for a period of 24 hours continuous duty or more. The work undertaken on board the sea going vessel is work in connection with the surveying, installation and maintenance of submarine telecommunications cable systems.
2D. Rates of pay
2D.1 An Employee will not be subject to the Relevant Award or this Agreement's
clauses concerning ordinary hours / overtime / public holidays for any time worked at sea. Each day will be considered a 12-hour day, regardless of the number of hours worked in any one day. The Employee will be paid as follows:
(a) Monday to Friday
An amount equivalent to seven (7) hours 21 minutes per day at the ordinary rate prescribed by the Agreement plus:
150% for an additional three (3) hours; and
200% for an additional one (1) hour and 39 minutes.
(b) Saturday
If an Employee works on a Saturday - an additional 100%.
(c) Sunday
If an Employee works on a Sunday - one (1) of the following applies:
(i) 12 hours' pay at 200% and a paid day (seven (7) hours 21 minutes) off in Lieu. Any day off in lieu will be such a day agreed between the Employee and their manager; or
(ii) the equivalent of 12 hours' pay at 200% and the payment of an amount equivalent to one (1) day's ordinary pay (seven (7) hours 21 minutes).
(d) Public holidays
If an Employee is required to work on a public holiday they may choose one (1) of the following:
(i) u hours' pay at 250% and a paid day (seven (7) hours 21 minutes) off in lieu. Any day off in lieu will be such a day agreed between the Employee and their manager; or
(ii) the equivalent of 12 hours' pay at 250% and the payment of an amount equivalent to one (1) day's ordinary pay (seven (7) hours 21 minutes). Public holidays for the purposes of this clause will be those that apply to the Employee's usual place of work.
(e) Elections
An Employee may choose the payment option (in 2D(c) and (d)) on the day after completing a tour of work at sea. Any time off in lieu will be taken within a period not longer than three (3) months after the time of returning home form the relevant tour of work at sea. In the event that the Employee has not been able to take off all the time in lieu then the outstanding time in lieu will be paid to the Employee.
3D. Hours of work
(a) An Employee will be required to work according to the requirements of the
work program.
(b) There will be no set hours of work.
(c) An Employee will discuss with their manager and agree on an Operations
Work Plan on the type of work and the hours of work for each assignment, having regard to such factors as:
(I) contractual requirements;
(ii) quality service and professional work practices;
(iii) the requirements of the works program; and
(iv) occupational health and safety.
(d) An Employee will not be required to work excessive amounts of time such that it jeopardises their health and safety.
4D. Work at sea disability allowance
To compensate for all disabilities associated with living and working on a sea going vessel, an Employee will receive an allowance of $84 per day for each day at sea. It is acknowledged that conditions at sea vary from vessel to vessel and also due to different employment arrangements that arise from time to time. This allowance is not payable for time worked when the vessel is berthed. However, when the vessel is berthed, then the travelling allowance provisions of the Relevant Award will apply. This allowance will not be for used any other purposes under this Agreement or other Relevant Award or Agreement provision, and will not attract any penalty or premium.
5D. All other award conditions
The payments prescribed in this Agreement that are in excess of the ordinary rates
of pay will not be used for the calculation of any other Award or Agreement entitlements.
6D. Length and frequency of tours
6D.1 A tour length will be limited to six (6) weeks, unless mutually agreed in
writing between an Employee and their manager.
6D.2 An Employee will not be sent to sea after a completed tour, within a period
of time equivalent to half the completed tour unless mutually agreed in writing with their manager.
6D.3 Notwithstanding the above, an Employee will not be expected to spend
more than 85 days at sea in any 12 month period unless mutually agreed in writing with their manager.
7D. Standard of vessel
In tendering for work, Telstra will only use vessels that have been affirmed by the provider as both sea-worthy and suitable for the type of work to be performed, and will further stipulate minim urn requirements for the accommodation and victualling for Telstra Employees.
PART B -TERMS AND CONDITIONS FOR PART B EMPLOYEES
36. Definitions and interpretation
The meanings of the terms used in Part B of this Agreement are set out below.
Term
Employee Meaning
when used in this Part of the Agreement, a Part B Employee.
Customer Support
(Technical) jobs in this family include managing or undertaking activities such as network construction, maintenance, operation, performance monitoring and equipment installation into the network or customer premises. Jobs also include fault identification, isolation, testing and/or repair, basic design within existing infrastructure, product support and advice to other employees that is of a technical nature.
Employees are expected to apply practical skills and knowledge to the technical aspects of Telecommunication and Information Technology. The work is focused, either directly or in coaching others, on applying practical technical know-how and judgement within a specific discipline or area of technical work to undertake job tasks.
Customer Support jobs in this family are predominantly occupied in
(Non-Technical) managing or undertaking customer enquiries typically
relating to billing, scheduling of network faults, provisioning/order management, credit management, complaints management or directly in support of the field workforce.
Professional Technical Services jobs in this job family are predominantly occupied in the design and delivery of products and networks, working to design and implement new systems, products, network infrastructure or integrating existing systems or products. Incumbents will typically have tertiary technical qualifications or relevant deep technical experience, enabling the application of theoretical principles in solving complex and novel problems.
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
Corporate Support Services jobs in this family are predominantly occupied in the delivery and administration of a broad range of human resources, public relations, accounting, marketing, procurement, administration and other professional and semi professional services to ensure the related strategies, programs, processes in the business are aligned to corporate goals.
Sales jobs in the Sales family are predominantly occupied in the
selling process, in active selling roles or supervising those that are in active selling jobs. These jobs will be
remunerated via fixed remuneration and
commission/incentive payments based on
sates/performance.
Field Based: Those employees not operating
predominantly from a Telstra Office Based Location ie. frequent on location client visits.
Office Based: Those employees operating predominantly from a Telstra Office Based Location.
Band jobs in each Job Family will be classified in accordance with
Telstra's classification system for Part B Employees. This classification system relies upon the following criteria: knowledge/skill levels; problem solving capability; and accountability. The highest classification level covered by this Agreement is Band 2 whilst the entry classification level is Band 4ii. The system is based on the Hay system of job evaluation.
Fixed a component of an Employee's Total Remuneration, which
Remuneration is inclusive of the Employee's salary and Telstra
superannuation contribution.
Variable a component of an Employee's Total Remuneration linked
Rem uneration to performance for which eligibility, calculation and
payment is determined in accordance with Telstra Policy.
Total is the Employee's personal remuneration package
Remuneration described in clause 37.1.
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
Remuneration the document provided separately to the Employee from
Summary time to time setting. out their Total Remuneration, but
which does not form part of this Agreement.
37. What an Employee gets paid
37.1 An Employee's Total Remuneration
37.1.1 Telstra will provide the Employee with a Remuneration Summary that specifies the Employee's Total Remuneration.
37.1.2 An Employee's Total Remuneration is made up of their:
(a) Fixed Remuneration; and
(b) Variable Remuneration (if applicable).
37.1.3 An Employee's Fixed Remuneration will include a salary at a rate not less than the applicable minimum salary for their job and Band set out at clause 37.2.
37.1.4 An Employee will be paid fortnightly in arrears.
37.2 Minimum salary
The following table sets out the minimum salary rate for each Job Family and Band for the purposes of this Part B:
Band Job Family
Customer
Support
(Technical) Customer
Support
(Non-
Technical) Professional
Technical
Services Corporate
Support
Services Sales
Office
based Field
based
2 83,850 80,560 85,050 83,580 65,000 65,000
3i 73,030 62,570 74,590 67,530 58,200 58,200
3ii 52,020 47,070 51,010 48,080 41,300 41,300
4i 44,040 37,070 N/A 39,090 37,850 N/A
4ii 35,050 35,050 N/A 35,050 N/A N/A
Note: This table has been included for the purpose of assisting the Workplace Authority to conduct the 'no disadvantage test' on lodgement of this Agreement.
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
Subject to clause 37.4, where an Employee works approved shift work, overtime or is required to be on-call to return to work, the Employee will receive payment as set out below. All payments in clauses 37.3.1- 37.3.4 will be calculated by reference to the Employee's Fixed Remuneration rate less the Telstra superannuation contribution.
37.3.1 Shift payments
(a) If an Employee works a shift where any part of the shift falls
between 7.00pm and 7.00am, Monday to Friday, that Employee wilt receive an additional payment at 15% for all time worked on that shift.
(b) If an Employee works a shift on a Saturday, that Employee will
receive an additional payment at 50% for all time worked between the hours of 12.00am and midnight on that shift.
(c) If an Employee works a shift on a Sunday, that Employee will
receive an additional payment at 100% for all time worked between the hours of 12.00am and midnight on that shift.
(d) If an Employee works shifts and is required to work a shift that
fails wholly within 6.00pm and 8.00am for a period greater than four (4) weeks, that Employee wilt receive an additional payment of 30% for all time worked on that shift.
37.3.2 Overtime payments full time Employees
(a) If a full time Employee is required to perform overtime on a Monday to Saturday, that Employee will be paid at 150% for the first three (3) hours worked and 200% for any additional hours.
(b) If a full time Employee is required to perform overtime on a Sunday outside their normal business hours, that Employee will be paid at 200% for all time worked on Sunday.
(c) If a full time Employee is required to perform overtime on a public holiday, that Employee will be paid at 250% for all time worked on the public holiday.
37.3.3 Overtime payments - part time Employees
(a) If a part time Employee is required to perform overtime, that Employee will be paid at 100% for any hours worked until they reach 36 3A hours for the week. If the overtime coincides with a shift that attracts a shift work payment as set out in clause 37.3.1 the Employee will also be entitled to the relevant shift work payment. If a part time Employee is required to perform overtime in excess of 363/4 hours for the week, that Employee will be entitled to payment in accordance with the rates set out at clause 37.3.2.
(b) If a part time Employee is required to perform overtime on a public holiday, that Employee will be paid at 250% for all time worked on that public holiday.
37.3.4 On-call payments
(a) Telstra may schedule an Employee to be available to respond to
business needs outside ordinary hours of work.
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
(b) Eligibility for this allowance is based upon the Employee's
manager expressly scheduling them in accordance with the provisions of this clause.
(c) Employee scheduling for the purposes of this clause will be based
on a weekly cycle as follows:
(i) On-Call:
An Employee is required to remain contactable and available within a reasonable time to return to work. Payment will be $7.96 per night and $18.36 per day and night.
(ii) Emergent-Call:
An Employee is required to be available and ready to return to work with 30 minutes. Payment will be $15.91 per night and $36.60 per day and night.
(iii) Immediate-Call:
An Employee is required to remain at home and be ready for immediate recall to work. Payment will be $6.73 per hour.
(d) For the purposes of this clause 37.3.4, return to duty may either be
undertaken via remote access, by providing technical advice over the telephone or a return to the worksite as the work requires.
(e) No payment will be made to an Employee under this clause 37.3.4
where they have been appropriately scheduled but they do not, or cannot, to the required degree of readiness, respond to a call to duty. In addition to the amount referred to in clause 37.3.4(c) above, if an Employee is required to:
(i) report to the worksite or a customer's premises - they will be paid at the relevant overtime rate for actual hours worked (including travel time); and
(ii) perform work at home - they will be paid at the relevant overtime rate for the actual hours worked.
If an Employee is not scheduled in accordance with clause 37.3.4(b) but they are contacted to perform duty at home they will be paid at 200% for the actual time worked subject to a minimum payment of one (1) hour.
(g) If an Employee is called upon to perform work at home, which can
be effectively performed at home, but the Employee elects to perform the work at the worksite, they will only be eligible for payment as if the work was performed at home.
37.4 Exemptions for overtime, public holidays and on-call payments
37.4.1 If the Employee's Fixed Remuneration exceeds $72,975, the Employee will not be eligible to receive the payments prescribed in clauses 37.3.2, 37.3.3, 37.3.4 or 44.8 unless the Employee's job:
(a) is in the Customer Support (Technical) job family in an individual
contributor role; or
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
(b) is in the Professional Technical Services job family in an individual
contributor role with Fixed Remuneration of $84,152 or less.
37.4.2 if the Employee is employed in the Sales (Field Based) job family, the
Employee will not be eligible to receive the payments prescribed in clauses 37.3.1, 37.3.2, 37.3.3, 37.3.4 or 44.8
37.5 Salary packaging
37.5.1 From the Commencement Date an Employee is eligible for the following in accordance with Telstra Policy:
(a) salary packaging; and
(b) employee benefits under the MyRewards program.
37.5.2 Where an Employee elects to salary sacrifice in accordance with this clause, Telstra will deduct a pre-tax amount (and where applicable, any amount that Telstra incurs in respect to taxation) from the Employee's Fixed Remuneration or Variable Remuneration Less superannuation and contribute it on their behalf for the purpose of the packaged benefit.
37.5.3 No election under this clause 37.5 will reduce the Employee's Fixed
Remuneration for the calculation of benefits under this Part B.
38. Review of Employee remuneration
Telstra will review the remuneration of an Employee each year, usually in October. Changes to an Employee's Remuneration will be set out in a new Remuneration Summ ary.
39. Job movement
39.1 The Employee may be assigned to another position within Telstra that they are
capable of performing (either immediately or after further training) or seconded to another position to meet a short term need. This Agreement will continue to apply in any new position and the Employee will be paid at a rate of Fixed Remuneration no less than they had been paid prior to the assignment or secondment.
39.2 Subject to obtaining the Employee's consent for relocation interstate, if Telstra
relocates an Employee then the Employee will be provided with relocation assistance in accordance with Telstra Policy.
40. Hours of work
40.1 An Employee's ordinary hours of work are 363A hours per week (averaged over a 12
month period), worked Monday to Friday between lam and 7pm.
40.2 An Employee's manager will advise the Employee of their work days and start and
finish times, including any shift arrangements. These may change from time to time.
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
40.3 An Employee may be required to work:
(a) reasonable additional hours, including outside normal business hours; and
(b) shift work.
An Employee may be eligible for additional payments for this work (see What an Employee gets paid at clause 37). Otherwise, an Employee's Total Remuneration includes an amount to compensate for these working arrangements and all other allowances and loadings.
40.4 An Employee will be entitled to an unpaid meal break after no longer than five (5)
hours of continuous work. The meal break will be at least 30 minutes in length and no more than one (1) hour. Within these parameters, the timing of the meal break
will be at the discretion of the Employee's manager, taking into account any individual requirements.
40.5 In setting an Employee's hours of work and rosters, Telstra will take into account the
personal circumstances of individual Employees (including family/carer responsibilities).
41. Time away from work
41.1 Cashing out annual leave
If an Employee has more than four (4) weeks' annual leave accrued, the Employee may choose to cash out up to a maximum of two (2) weeks' annual leave in any 12 month period. The request to cash out their annual leave must be in writing. Telstra Policy applies to the payment of the benefit and procedures for requesting the benefit.
41.2 Buying extra annual leave
An Employee may apply to forego payment of part of their Fixed Remuneration component, and where approved Telstra will credit the Employee with additional annual leave. The request to buy extra annual leave must be in writing. Telstra Policy applies to the payment of the benefit and procedures for requesting the benefit.
42. Part time work
42.1 If an Employee works part time, the Employee's hours of work and benefits under
this Agreement will be pro-rated.
42.2 Telstra may vary an Employee's part time hours by giving the Employee at least
seven (7) days' notice (or fewer than seven (7) days if the Employee agrees). The Employee's manager will discuss any variation with the Employee, and will take into
account the Employee's preferences and personal circumstances (including family carer responsibilities).
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
43. Casual work
43.1 Telstra may engage casual Employees under Part B of this Agreement.
43.2 A casual Employee will be engaged on an hourly basis.
43.3 A casual Employee will be paid the hourly rate for their Job Family and Band plus a
minimum 20% casual Loading. Without limiting clause 43.4, the loading will be paid in lieu of annual leave, personal leave, bereavement/compassionate leave and additional payment for public holidays.
43.4 Subject to clause 43.5, the following clauses of Part B of this Agreement do not apply
to casual Employees:
(a) clause 37.3 (Additional payments);
(b) clause 37.5 (Salary packaging);
(c) clause 39 (Job movement);
(d) clause 40.1 (Hours of work);
(e) clause 41 (Time away from work);
(f) clause 44 (Leave and public holidays); and
(g) clause 45 (Redundancy and retrenchment).
43.5 Notwithstanding clause 43.4(f), eligible casual Employees will still be entitled to
parental leave and leave on public holidays in accordance with the Workplace Relations Act.
43.6 Subject to clause 43.7, casual Employees in the Customer Support (Technical) and
the Professional Technical Services Job Families will receive payment at the following rate by reference to their hourly rate minus the Telstra superannuation contribution:
(a) 150% for the first three (3) hours and 200% thereafter for work:
(i) beyond 36%hours in a week;
(ii) overtime outside 7am to 7pm; or
(iii) exceeding by four (4) hours the Employee's rostered average weekly hours, or
(b) for shiftworkers, an additional 15% for ordinary shift work hours
between 7pm to 7am.
43.7 Where an Employee is paid:
(a) at an overtime rate in accordance with clause 43.6(a), the casual
Loading will not apply and is not payable; and
(b) at a shift rate in accordance with clause 43.6(b), the casual loading
will be payable in addition to the shift payment.
44. Leave and public holidays
44.1 General
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
An Employee's accrued leave balances immediately before the Commencement Date will continue to be recognised under this Agreement.
44.2 Annual leave
44.2.1 An Employee will receive four (4)weeks' paid annual leave each year, or five (5) weeks' paid annual leave for a continuous shift worker (as defined by Telstra Policy).
44.2.2 Leave accrues on a pro-rata basis and may be taken by an Employee at their initiative following such accrual, subject to the agreement of their manager.
44.3 Personal leave
44.3.1 An Em ployee will receive 15 days' Personal leave each year, which may be taken as either sick leave or a combination of sick leave and a maximum 10 days' carer's leave.
44.3.2 Any unused Personal leave accrues.
44.4 Bereavement/compassionate leave
An Employee will receive up to three (3)days' paid compassionate leave per occasion.
44.5 Maternity leave
44.5.1 The terms and conditions of the Maternity Leave (Commonwealth Employees) Act 1973 (as at the date that it ceased to apply to Telstra) continue to apply to Employees for the life of this Agreement.
44.5.2 During an unpaid maternity leave period, an Employee may apply for and shall be granted accrued annual leave or long service leave. An Employee is not eligible to receive additional payments or time in lieu for public holidays during any such period of annual leave or long service leave.
44.5.3 An Employee shall receive her Fixed Remuneration during any period of paid maternity leave, and annual leave or long service leave referred to in clause 44.5.2.
44.5.4 An Employee who wants to return to part time work (or any flexible work arrangement) after maternity leave may apply to their manager. All applications for flexible working arrangements will be carefully considered, having regard to the Employee's needs and Telstra's business and customer requirements.
44.6 Parental leave
44.6.1 Where the Employee is the primary carer, the Employee will receive a total of up to 52 weeks' parental leave. Between one (1) and six (6) weeks of that 52 weeks may be paid, except if the Employee accesses maternity leave under clause 44.5.
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
44.6,2 Where the Employee is the secondary carer, the Employee will receive a total of one (1) week's paid parental leave, and up to a further two (2) weeks' unpaid parental leave.
44.7 Long service leave
44.7.1 The terms and conditions of the Long Service Leave (Commonwealth Employees) Act 1976 (as amended up until the date that it ceases to apply to Telstra) will continue to be applied to Employees for the life of this Agreement.
44.7.2 This clause 44.7 operates to the exclusion of any State law in relation to long service leave or which provides any benefits in the nature of, or in respect of, long service leave.
44.8 Public holidays
44.8.1 An Employee will usually be entitled to a paid day off, but may be required to work, on days declared as public holidays. In deciding whether an Employee will be required to work on a public holiday, Telstra will consider factors which include:
(a) the nature of the work and Telstra's operational requirements;
(b) the Employee's personal circumstances including family/carer responsibilities; and
(c) the amount of notice provided to the Employee.
44.8.2 Subject to clause 37.4, where an Employee works ordinary hours on a public holiday they will receive an additional payment at the rate of 150% of Fixed Remuneration minus the Telstra superannuation contribution for ordinary hours worked.
45. Redundancy and retrenchment
45.1 An Employee's job may be redundant where:
(a) for operational, economic, technological, or structural reasons,
the requirement to carry out work of a particular kind has ceased or has been significantly reduced; or
(b) Telstra has determined that the function being undertaken by the
Employee will no longer be undertaken by Telstra or at that location by Telstra.
45.2 Retrenchment selection and notification
45.2.1 An entitlement to the retrenchment payments set out in this clause 45 will only arise where and when an Employee whose job is redundant is retrenched by Telstra. Telstra retains the discretion as to whether an Employee will be retrenched.
45.2.2 Telstra will use objective criteria in a selection process for retrenchment.
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
45.2.3 Telstra will provide an Employee with a minimum of 14 days' written notification of their proposed retrenchment (Notification Period). Except in accordance with clause 45.6.2(g) in relation to a retrenchment appeal, the Notification Period will not be stayed or extended.
45.2.4 During the Notification Period the Employee can seek advice, apply for
other jobs at Telstra or, in certain circumstances, appeal their selection for retrenchment.
45.3 Redeployment
45.3.1 Where an Employee notified of proposed retrenchment advises Telstra that they wish to seek redeployment, Telstra will endeavour to assist the Employee to find another job at Telstra and may allow the Employee to work through all or part of their notice period to continue their job search up to the termination date.
45.3.2 Where the Employee is accepted for another job within Telstra during the Notification Period or their notice period, the Employee will be redeployed and receive the appropriate rate of pay for that new job.
45.4 Voluntary redundancy
Telstra may seek applications for voluntary redundancy and consider any application made by an Employee for retrenchment. However, nothing in this Agreement will require Telstra to accept an application for voluntary redundancy or retrenchment.
45.5 Retrenchment benefit
45.5.1 An Employee's retrenchment benefit will be calculated based on:
(a) the Employee's Fixed Remuneration; and
(b) the Employee's continuous service as at the day the Employee's employment ends. Only service with Telstra (or service with another employer where Telstra has expressly agreed to recognise continuity of service)will count as continuous service for the purpose of calculating retrenchment benefits under this clause.
45.5.2 An Employee who is retrenched by Telstra will be paid the following redundancy benefits upon retrenchment:
(a) four (4) weeks' Fixed Remuneration for each completed year of continuous service up to five (5) years;
(b) three (3) weeks' Fixed Remuneration for each completed year of continuous service thereafter, plus a pro-rata payment for each completed month of continuous service since the last completed year of continuous service;
(c) for Employees over 50 years of age, four (4) weeks' Fixed Remuneration for each year of service beyond 50 years of age, including pro-rata adjustment for each completed month of continuous service since the last completed year of continuous service; and
PART 8 - TERMS AND CONDITIONS FOR PARTS EMPLOYEES
(d) the minimum sum payable under this clause will be four (4) weeks'
Fixed Remuneration and the maximum will be 80 weeks' Fixed Remuneration.
45.5.3 An Employee retrenched by Telstra will also be entitled to the following benefits:
(a) four (4) weeks' pay in lieu of notice (with an additional week if the Employee is over 45 years of age with more than two (2) years' continuous service), unless Telstra agrees to allow the Employee to work through part or all of their notice period in accordance with clause 45.3 in which case only the balance of any unserved notice will be paid in lieu;
(b) Fixed Remuneration payments up to the date of the Employee's cessation of employment (i.e. amounts owing since the Employee's last pay);
(c) accrued but untaken annual leave;
(d) an amount equivalent to pro-rata long service leave after one (1) year's continuous service;
(e) counselling and advisory services through the Employee Assistance Program in accordance with Telstra Policy; and
(f) $4,500 gross job search payment.
45.5.4 Where an Employee is working part time on the date of termination, the service based component of their retrenchment benefit will be based on the weighted average of the Employee's part and full time service, which will not be less than the current part time status as at the date of
termination.
45.6 Retrenchment appeal process
45.6.1 An Employee who is notified of their selection for proposed retrenchment may appeal their assessment, ranking and/or selection for retrenchment (unless the redundancy arises as a result of the closure of a site or a discrete function or activity at a particular site).
45.6.2 The appeal process will be conducted as follows:
(a) The Employee must lodge the appeal in writing within 48 hours of
receiving the written notification of their proposed retrenchment. No appeals will be allowed outside this period.
(b) The appeal must state the grounds of appeal in full. Any grounds
not stated in the written appeal will not be considered on appeal.
(c) A manager not involved in the original decision will be allocated
the appeal to review along with any relevant documentation.
(d) The Employee will be given an opportunity to be heard. The time,
place and manner of this opportunity to be heard will be at the discretion of the manager who has been allocated the appeal. The appeal process shall not be delayed or stayed by a failure of an Employee to accept the opportunity to be heard.
(e) The manager allocated the appeal will, within 10 business days,
make a decision on the appeal and communicate the decision to the Employee. The decision will be to:
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
(i) uphold the assessment, ranking and/or selection for retrenchment; or
(ii) set aside the assessment, ranking and/or selection for retrenchment and remit the matter to the manager who made the assessment, ranking and/or selection to redetermine their decision in accordance with any recommendations made.
(f) A decision under clause 45.6.2(e) will be final as will any
redetermination made following that decision.
(g) The retrenchment process will be stayed until the decision is
communicated under clause 45.6.2(e).
(h) The Employee may nominate a representative of their choice at
any stage of this process.
46. Dispute avoidance/resolution
46.1 If an Employee believes that a decision or action made by Telstra unfairly affects
their employment, the Dispute Avoidance/Resolution procedure will be Telstra's Internal Resolution Procedure or its successor (as amended from time to time).
46.2 The Employee may nominate a representative of their choice at any stage of this
process.
PART B - TERMS AND CONDITIONS FOR PART B EMPLOYEES
SIGNATORIES
Signed for
Telstra Service Delivery (West Adelaide Technical Services Group) by its representative authorised to sign this agreement
Sign here
Print name Position Address
Representative Date
Signed for the Employees as the authorised employee representative:
Sign here
Print name Address
Representative Date
SIGNATORIES
SCHEDULE 1
1. Employees covered by this Agreement
This Agreement applies to employees who are employed by Telstra:
A. in Service Delivery (West Adelaide Technical Services Group) (or its successor) in the following Workstreams (and who are also covered by a Relevant Award as existed prior to 27 March 2006) (Part A) or Job Families (and who fall within Bands 2 - 4ii) (Part B):
Workstreams (Part A) Job Families (Part B)
Customer Sales and Service Customer Support
Workstream; (Technical);
Support Workstream; Customer Support (Non
Technology Professional Technical);
Workstream; Professional Technical
Technical Workstream; or Services;
Customer Field Workstream, Corporate Support Services; or
Sales,
or;
B. in any other part of Telstra if the Employee is transferred from Service Delivery (West Adelaide Technical Services Group) after the Commencement Date in accordance with clauses 17.5 or 39 (unless the Employee voluntarily accepts new terms and conditions outside the terms of this Agreement).
2. Coverage of Part A and Part B
Part of this Who it applies to
Agreement
Part A - Terms An Employee within the meaning of clause 1 of this Schedule who: and
conditions for Part A
Employees (b) is employed on an AWA that had immediately before the
Commencement Date passed its nominal expiry date and who elects to subsequently terminate that AWA and be covered by Part A (Expired AWA Employee); or
(c) is employed on an incentive based AWA that has not
expired immediately before the Commencement Date
and at the Commencement Date is employed in the osition of Installer Repairer, ESD Officer, Constructor
SCHEDULE 1
Assistant, Constructor Operative, Constructor Repairer or Technical Specialist and who elects to terminate their AWA and be covered by this Agreement (Unexpired AWA Employees); or
(d) would have been an employee within the meaning of
sub-clause (a) or (c) above hod they been an employee in Service Delivery (West Adelaide Technical Services Group) immediately before the Commencement Date but who subsequently transfers to Service Delivery (West Adelaide Technical Services Group) after the Commencement Date and elects to be covered by this Agreement.
(Part A Employee)
An Employee within the meaning of clause 1 of this Schedule who:
(a) is a Part A Employee who elects to be covered by Part B;
or
(b) is employed by Telstra at the Commencement Date and
had their terms and conditions of employment regulated by an AWA or ITEA that both passed its nominal expiry date and was terminated after the Commencement Date; or
(c) commences employment with Telstra after the Commencement Date; or
(d) is not otherwise a Part A Employee; or
(e) would have been an employee within the meaning of sub-clause (a) to (d) above had they been an employee in Service Delivery (West Adelaide Technical Services Group) before the Commencement Date but who subsequently transfers to Service Delivery (West Adelaide Technical Services Group) after the Corn mencement Date and elects to be covered by this Agreement.
(Part B Employee)
3. Reversion to this Agreement: Employees covered by AWAs that have expired
immediately before the Commencement Date and Unexpired AWA Employees
3.1 An Expired AWA Employee or an Unexpired AWA Employee has the choice to either
remain employed on their AWA, or terminate their AWA and become covered by Part A or Part B of this Agreement.
3.2 If an Expired AWA Employee or an Unexpired AWA Employee chooses to be covered
by this Agreement, then they have the choice to be covered by:
SCHEDULE 1
(a) Part A - in which case they will be paid at the Company Rate for the job they are performing from the date they become covered by this Agreement; or
(b) Part B - in which case they will continue to be paid Fixed Remuneration under this Agreement that is no less than the Fixed Remuneration that they received under their AWA immediately before its termination.
3.3 Irrespective of whether an Expired AWA Employee or an Unexpired AWA Employee
chooses to initially be covered by Part A or Part B, they have the ability to move between Part A and Part B in accordance with the terms of clauses 5.1, 5.3 and 5.5 of this Schedule.
4. Reversion to this Agreement: Employees covered by AWAs or ITEAs that have not
expired before the Commencement Date (except Unexpired AWA Employees)
4.1 An Employee whose employment is subject to an AWA or ITEA that has not expired
immediately before the Commencement Date (excluding Unexpired AWA Employees) has the choice to either:
(a) remain employed on their AWA or ITEA; or
(b) after the expiry of their AWA or ITEA, terminate their AWA or ITEA and become covered by Part B of this Agreement.
4.2 If the Employee elects to terminate their AWA or ITEA and be covered by this
Agreement, Telstra will ensure that the Employee's Fixed Remuneration under this Agreement will not be less than their Fixed Remuneration under their AWA or ITEA at the time of its termination.
5. Transferring from Part A to Part B
5.1 Telstra will not require any Part A Employee to transfer to Part B of the Agreement.
Subject to clause 5.5 of this Schedule, a Part A Employee may at any time elect to transfer to Part B of this Agreement.
5.2 The election to transfer will become effective at the beginning of the first full pay
period following Telstra's confirmation of the transfer in writing.
5.3 A Part A Employee who has transferred to Part B pursuant to clause 5.1 may elect to
transfer back to Part A. This election may only be exercised within the first 12 months following the effective date of their transfer to Part B and may only be exercised once.
5.4 A Part B Employee who has elected to transfer back to Part A in accordance with
clause 5.3 will return to the greater of:
(a) the Company Rate for the relevant core job; or
(b) the Employee's Actual Salary immediately prior to transferring to
Part B.
SCHEDULE 1
 | Telecom |