Part 1-Application and Operation
This award is the Telstra Award 2015.
2.1 This award commences on 9 February 2015.
2.2 The monetary obligations imposed on Telstra by this award may be absorbed into overaward payments. Nothing in this award requires Telstra to maintain or increase any overaward payment.
3. Definitions and interpretation
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth), as amended from time to time.
adult apprentice means a person of 21 years of age or over at the time of entering into a training contract for an apprenticeship in accordance with clause 13.3 of this award.
apprentice means a person who has entered into a contract of apprenticeship or a training agreement in accordance with clause 13.3 of this award.
calendar year means a period of 12 months starting on 1 January.
commission means any financial incentive payment, financial bonus or financial reward directly related to the soliciting or obtaining of orders or business by an individual sales professional, but will not be deemed to include any incentive payment, bonus or reward periodically made by Telstra on the basis of profitability or performance of the employee, or any section, group or division thereof.
default fund employee means an employee who has no chosen superannuation fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth), as amended from time to time.
dependents means a person who relies on an employee for their maintenance, in accordance with the list of persons described as `dependents' by the Australian Tax Office.
employee means an employee of Telstra in Australia.
employer MySuper product has the meaning given by the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth), as amended from time to time.
NES means the National Employment Standards as contained in the Act.
standard MySuper product has the meaning given by the Act.
standard rate means the minimum weekly wage for a Telecommunications Technical Employee in clause 13.1(c).
Telstra means Telstra Corporation Limited.
Telstra retail employee means an employee who works in a Telstra retail store and performs retail functions as described in the classifications in the General Retail Industry Award 2010.
workgroup means a group of employees who are operationally, geographically or organisationally distinct.
4.1 This award covers:
(a) Telstra; and
(b) Telstra employees employed in the classifications listed in this award to the exclusion of any other modern award.
4.2 The Telstra Award 2015 does not cover Telstra retail employees. Telstra retail employees are covered by the General Retail Industry Award 2010 and not the terms of the Telstra Award 2015. For the avoidance of doubt the Telstra Award 2015 will apply to Technical Stream employees, Technical Professional Stream employees, Clerical and Administrative Stream employees and Customer Contact Stream employees whose ordinary place of work is a Telstra retail store.
4.3 This award does not cover employees excluded from award coverage by the Act.
5. Access to the award and the NES
Telstra must ensure that copies of this award and the NES are available to all employees to whom they apply by electronic or other accessible means.
The NES and this award contain the minimum conditions of employment for employees covered by this award.
7.1 Notwithstanding any other provision of this award, Telstra and an individual employee may agree to vary the application of certain terms of this award to meet the
genuine individual needs of Telstra and the individual employee. The terms that Telstra and the individual employee may agree to vary the application of are those concerning:
(a) Arrangements for when work is performed;
(b) Overtime rates;
(c) Penalty rates;
(d) Allowances; and
(e) Leave loading.
7.2 Telstra and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with Telstra.
7.3 The agreement between Telstra and the individual employee must be confined to a variation in the application of one or more of the terms listed in clause 7.1.
7.4 The agreement must result in the individual employee being better off overall, at the time that the agreement is made, than the employee would have been if no flexibility agreement had been agreed to.
7.5 The agreement between Telstra and the individual employee must:
(a) be in writing, name the parties to the agreement and be signed by Telstra and the individual employee and, if the employee is under 18 years of age, the employee's parent or guardian;
(b) state each of the terms of this award that Telstra and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between Telstra and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee's terms and conditions of employment; and
(e) state the date that the individual agreement commences to operate.
7.6 Telstra must give the individual employee a copy of the agreement and keep a copy of the agreement as a time and wages record.
7.7 Except as provided for in clause 7.5(a) the agreement must not require the approval or consent of a person other than Telstra and the individual employee.
7.8 Where Telstra is seeking to enter into an agreement, it must provide a written proposal to the employee. Where the employee's understanding of written English is limited Telstra must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
7.9 The individual agreement may be terminated:
(a) by Telstra or the individual employee giving 13 weeks' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between Telstra and the individual employee.
Note: If any of the requirements of section 144(4) of the Act, which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or Telstra, giving written notice of not more than 28 days (see section 145 of the Act).
7.10 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect any provision for an agreement between Telstra and an individual employee contained in any other term of this award.
Part 2-Consultation and Dispute Resolution
8. Consultation regarding major workplace change
8.1 Telstra to notify
(a) Where Telstra has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, Telstra must notify the employees who may be affected by the proposed changes and their representatives, if any.
(b) Significant effects include termination of employment; major changes in the composition, operation or size of Telstra's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. However, where this award makes provision for alteration of any of the matters referred to in clause 8.1(a), an alteration is deemed not to amount to a `significant effect'.
8.2 Telstra to discuss change
(a) Telstra must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(b) The discussions must commence as early as practicable after a definite decision has been made by Telstra to make the changes referred to in clause 8.1(a).
(c) For the purposes of such discussion Telstra must provide the employees concerned and their representatives, if any, relevant information in writing about the changes including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect employees provided that Telstra is not required to disclose confidential information, the disclosure of which would be contrary to Telstra's interests.
8.3 Consultation about changes to rosters or hours of work
(a) Where Telstra proposes to change an employee's regular roster or ordinary hours of work, Telstra must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) Telstra must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee's regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussion between the employee or employees concerned and the relevant supervisor/one-up manager. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or the employees concerned and more senior levels of management as appropriate.
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.
9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.
9.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
9.5 Telstra or an employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted work must continue in accordance with the award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by Telstra to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
Part 3-Types of Employment and Termination of Employment
An employee may be engaged by Telstra on a full-time, part-time or casual basis.
10.1 Full-time employment
An employee not specifically engaged as a part-time or casual employee is for the purposes of this award a full-time employee, unless otherwise specified in this award.
10.2 Part-time employment
(a) An employee may be engaged to work on a part-time basis involving a regular pattern of hours which will average less than 36.75 hours per week. An employee so engaged will be paid per hour 1/36.75 of the weekly rate prescribed by clause 13-Classifications and minimum wage rates, of this award for the work performed.
(b) Overtime will be payable to part-time employees for time worked in excess of the hours fixed in accordance with the pattern of hours applicable to the employee. However, a part-time employee is not entitled to be paid overtime on a day until they have worked at least an equivalent number of hours that day to an equivalent full-time employee in the relevant section of the enterprise, provided that a part-time employee will not work more than 36.75 hours in any week at ordinary rates.
(c) The terms of this award, except for the entitlements in clauses 16.1(c)-(e) which will be paid in full, will apply pro-rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 36.75 hours.
(d) Where a part-time employee's ordinary paid hours fall on a public holiday and work is not performed by the employee, such employee will not lose pay for the day. Where the employee works on the public holiday, such employee will be paid in accordance with clause 26-Public holidays of this award.
10.3 Casual employment
(a) Telstra may engage employees on a casual basis in which case employment may be terminated by an hour's notice given either by Telstra or the employee, or by the payment or forfeiture of an hour's wages as the case may be.
(b) A casual employee is one engaged and paid as such, and for working ordinary time will be paid per hour 1/36.75 of the weekly wage prescribed by this award for work performed, plus a casual loading of 25% in lieu of paid annual leave, paid personal leave, redundancy pay and notice of termination of employment.
11.1 Notice of termination is provided for in the NES.
11.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of Telstra except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice Telstra may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given to Telstra by the employee.
12.1 Notice of redundancy and redundancy pay
(a) Redundancy and Notice of Redundancy are provided for by the NES.
(b) In the event that an employee is made redundant:
12.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given that the employee would have been entitled to if the employment had been terminated. Telstra may make a payment of an amount equal to the difference between the employee's former ordinary rate of pay and the ordinary rate of pay in the new role for the number of weeks of notice still owing.
12.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but the employee is not entitled to payment instead of notice.
12.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day's time off work without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day per week during the notice period for the purpose of seeking other employment, the employee must, at the request of Telstra, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration will be sufficient.
Part 4-Minimum Wages and Related Matters
13. Classifications and minimum wage rates
13.1 Adult employees
A full-time adult employee must be paid a minimum weekly rate for their classification as set out in the tables below:
(a) Customer Contact Stream
(f) Media Stream
13.2 Junior Employees
Junior employees will be entitled to the percentage of the applicable adult weekly wage for their classification as set out in the table below:
(a) The terms of this award will apply to apprentices except where it is otherwise stated.
(b) Apprentices may be engaged in trades or occupations provided for in this award where recognised by a state or territory training authority.
(c) In any state in which a statute or regulation relating to apprentices is in force, that statute or regulation will operate provided that such provisions are not inconsistent with this award, in which case the provisions of this award will apply.
(d) In order to undertake training in accordance with this clause, a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the relevant state or territory training authority or state or territory legislation. Telstra will provide and/or provide access to, training consistent with the contract or training agreement without loss of pay.
(e) An apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement and the requirements of state or territory legislation and the requirements of the relevant state or territory training authority.
(f) The probationary period of an apprentice will be as set out in the training agreement or contract of apprenticeship consistent with the requirement of the relevant state or territory training authority and with state or territory legislation but will not exceed three months.
(g) Apprentices attending technical colleges, schools, registered training organisations or TAFE and presenting reports of satisfactory conduct will be reimbursed all fees paid by them.
(h) Except as provided for in this clause or where otherwise stated, all conditions of employment specified in the award will apply to apprentices. Redundancy provisions will not apply to apprentices. The ordinary hours of employment will not exceed those of the relevant tradesperson.
(i) No apprentices under the age of 18 years will be required to work overtime or shiftwork unless they want to. No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with the contract or training agreement.
(j) Subject to clause 13.3(k), the period of apprenticeship will be four years, except where the period is varied with the approval of the relevant state or territory training authority.
(k) Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship, except in respect of absences due to annual leave or long service leave. The following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours will be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.
(l) Apprentices will be entitled to the percentage of the applicable adult weekly wage (in the case of part-time or casual employees the hourly rate) for the classification of Telecommunications Technical Employee as set out in the table below:
Year of apprenticeship
(m) Notwithstanding clause 13.3(l) above, where a person has been employed by Telstra, under this award, immediately prior to commencing their adult apprenticeship with Telstra, for at least six months as a full-time employee, or 12 months as a part-time or regular and systematic casual employee, that person must not suffer a reduction in their minimum wage by virtue of commencing their adult apprenticeship. For the purpose only of fixing a
minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 13.1 in which the adult apprentice was engaged immediately prior to commencing their adult apprenticeship.
(n) Time spent by an apprentice, other than an apprentice undertaking a school-based apprenticeship, in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for Telstra for the purposes of calculating the apprentice's wages and determining the apprentice's employment conditions. This paragraph is subject to the provisions of Schedule B-School-based apprentices.
(o) Excess travel costs for block release training
13.4 School-based apprentices
See Schedule B.
14. Annualised salary arrangements for higher classifications
14.1 The award provisions in clause 14.2 do not apply to persons in the following classifications:
14.2 Exempt award provisions
Clause 16-Allowances;
14.3 Obligations upon Telstra for exempted classifications
The following obligations apply to Telstra in relation to exempted classifications in clause 14.1:
(a) The ordinary hours of work of employees in those classifications set out in clause 14.1 of this award should not exceed the ordinary hours of duty that apply to other employees employed under this award. Telstra will compensate for:
(b) either by:
(c) An employee will be advised in writing upon engagement, or in any other case upon a request being made in writing to Telstra, of the method of compensation being used. The methods of compensation are set out in clause 14.3(b). If Telstra is compensating the employee by a method identified in clause 14.3(b), Telstra must identify the special additional remuneration, allowance, penalty or loading which is being paid.
(d) Annual salary not to disadvantage employees
The annual salary must be no less than the amount the employee would have received under this award for the work performed over the year for which the salary is paid (or if the employment ceases earlier, over such lesser period as has been worked).
(e) Annual salary to be reviewed annually
The annual salary of the employee must be reviewed by Telstra at least annually to ensure that compensation is appropriate having regard to the award provisions which are satisfied by the payment of the annual salary.
(f) Base rate of pay for employees on annual salary arrangements
For the purposes of the NES, the base rate of pay for an employee receiving an annual salary under this clause comprises the portion of annual salary equivalent to the relevant rate of pay in clause 13 and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.
(g) Transfers
Where an employee is transferred permanently from day work to shiftwork or from shiftwork to day work, such employee should receive at least one month's notice. However, Telstra and the employee may agree on a lesser period of notice.
(h) Payments of wages
At the election of Telstra, wages may be paid weekly or fortnightly or in accordance with existing practices. Where agreement is reached with an individual employee, wages may be paid four weekly or monthly. This agreement may be reached at the time when the employee commences employment, but is not limited to such time.
(i) Annual leave loading
Employees will be entitled to the annual leave payments specified in clause 22.5. However, annual leave loading will not be paid where:
See Schedule C.
16.1 All streams
The allowances in this clause do not apply for all purposes of the award unless specifically stated.
(a) First aid allowance
An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid a weekly allowance of 2% of the standard rate if appointed by Telstra to perform first aid duty.
(b) Higher duties allowance
(i) An employee is eligible for a higher duties allowance only if:
(c) Meal allowance
An employee is entitled to a meal allowance of $14.15 where the employee:
(d) Height allowance
An employee required to carry out work on a tower, mast, guy-rope and all telecommunications structures on the external faces of buildings and parapets, at a height of at least 15 metres for a minimum of two hours in any day, shall be paid a height allowance of 0.8041% of the standard rate per day.
(e) Wearing of respiratory protective device allowance
Where an employee is required to wear a respiratory protective device it will be supplied by Telstra. The respiratory protective device will conform, where relevant, to the Australian Standard 1716 (Specification for Respiratory Devices), as amended from time to time. The employee will be paid a wearing of respiratory protective device allowance of 0.2278% of the standard rate for each hour worked while wearing the respiratory protective device.
(f) Transfers, travelling and working away from usual place of work
(i) Distant work/travelling time payment
(ii) Payment for travelling
(iii) Expenses
Expenses for the purposes of clause 16.1(f)(i) means:
All fares reasonably incurred at the following standard:
16.2 Adjustment of expense related allowances
16.3 Remote locality allowances
(a) Existing allowances
Subject to the terms of this award, any allowance, entitlement or benefit received by an employee immediately prior to the operative date of this award
by virtue of working in a remote locality shall continue to apply provided that the locality has not lost its classification as a remote locality. Telstra maintains a list of recognised rural and remote localities that does not form a part of this award which it may amend from time to time.
(b) District allowance
(i) An employee is entitled to a district allowance determined and paid in accordance with this award if they live in a locality that attracts district allowance.
(c) Components of the district allowance
The district allowance shall comprise of:
Subject to the terms of this award, employees shall continue to be paid or provided the same value airfares and subsidies they were paid or provided by Telstra immediately prior to the operative date of this award, except that they will be paid as an annual payment.
17.1 At the election of Telstra, wages may be paid weekly or fortnightly.
17.2 Wages must be paid by electronic funds transfer, except where, by mutual agreement between the employee and Telstra, they may be paid by cash or by cheque.
18.1 Telstra is required to make contributions to a complying superannuation fund for the benefit of an employee so as to avoid liability to pay a superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 (Cth) in relation to the employee.
18.2 Telstra is permitted to make contributions, for the benefit of a default fund employee, to the following:
(a) Telstra Super (subject to meeting any legislative requirement that the fund be on the Schedule of Approved Employer MySuper Products or approved by a transitional authorisation under section 156K of the Act);
(b) Telstra Super if the default fund employee is a defined benefit member of that fund;
(c) any superannuation fund that offers an employer MySuper product that relates to Telstra and is on the Schedule of Approved Employer MySuper Products;
(d) any superannuation fund that is an exempt public sector superannuation scheme;
(e) any superannuation fund that is a public sector superannuation scheme (within the meaning of the Superannuation Industry (Supervision) Act 1993) where a law of a State requires Telstra to make contributions for the benefit of the employee to that fund; and
(f) any superannuation fund in relation to which a transitional authorisation is in operation under section 156K of the Act.
18.3 If contributions are not made to a superannuation fund referred to in clause 18.2, Telstra is required to make contributions, for the benefit of a default fund employee, to a superannuation fund that offers a standard MySuper product.
18.4 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise Telstra to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same
superannuation fund as Telstra makes the superannuation contributions provided for in clause 18.2.
(b) An employee may adjust the amount the employee has authorised Telstra to pay from the wages of the employee from the first of the month following the giving of three months' written notice to Telstra.
(c) Telstra must pay the amount authorised under clauses 18.4(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.4(a) or (b) was made.
18.5 Absence from work
Subject to the governing rules of the relevant superannuation fund, Telstra must also make superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.4(a) or (b) in the following circumstances:
(a) while the employee is on any paid leave; and
(b) where an employee is absent from work because of a work-related injury or illness, for the period of absence from work (subject to a maximum of 52 weeks in total), provided that:
Part 5-Hours of Work and Related Matters
19.1 The ordinary hours of work are to be an average of 36.75 per week.
19.2 Except as provided for elsewhere in this award, a day work employee will not be required to work more than:
19.3 The maximum daily hours of work for a shiftworker will be 10 hours per day and the minimum daily hours for a full-time shiftworker will be no less than 6.75 hours per day, except as provided elsewhere in this award.
19.4 Method of arranging ordinary hours
The method of arranging ordinary hours of work may be by:
19.5 Alteration to ordinary hours of work
Subject to Telstra's right to fix the daily hours for day work within the spread of hours referred to in clause 19.6 and the right to require employees to perform shiftwork, ordinary hours once determined may be altered:
Provided that where an employee receives notice under clauses 19.5(a) and they raise significant concerns about the alteration of their hours of work due to their personal or family circumstances, Telstra will consult with the employee about such concerns.
19.6 Span of ordinary hours for day work
The ordinary hours of work for a day worker will be worked between the following spread of hours:
19.7 Span of ordinary hours for shift work
The ordinary hours for shiftworkers will be worked at the discretion of Telstra on any days of the week, Monday to Sunday, subject to clause 19.5 and the penalty rates in this clause. The ordinary hours of work for shiftworkers will not exceed 36.75 hours per week, or an average of 36.75 hours over a cycle of shifts.
(a) Afternoon shift work
(b) Night shift work
The weekend penalty rates referred to in clause 19.8 apply instead of (and are not cumulative upon) the shift work penalties referred to in clause 19.7.
19.8 Weekend penalty rate
(a) Employees are entitled to 150% of their ordinary rate of pay for all ordinary time worked between midnight on Friday and midnight on Saturday.
19.9 Minimum break between shifts
Wherever reasonably practicable, where an employee works a shift roster, shifts will be arranged so that there is a minimum break of ten hours, including reasonable travelling time, between the completion of work on one shift and the commencement of work on the next shift.
19.10 Daylight saving
For work performed which spans the time of introduction or cessation of a system of daylight saving prescribed by relevant state or territory legislation, an employee will be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock at the end of work).
19.11 Make-up time
(a) An employee may elect, with the consent of Telstra, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time during the spread of ordinary hours provided in this award.
(b) An employee on shiftwork may elect, with the consent of Telstra to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time at the shiftwork rate which would have been applicable to the hours taken off.
19.12 The penalties in clause 19-Hours of work are not payable for periods of overtime or for time worked on public holidays.
19.13 Implementation of 12 hour shifts
Telstra may implement 12 hour shifts to suit operational requirements. The implementation of 12 hour days or shifts is subject to the following:
20.1 Telstra may require full-time and part-time employees to work reasonable overtime in accordance with the provisions of this clause. All overtime must be authorised by Telstra.
20.2 Employees who are late starting or are absent for part of their ordinary hours on unpaid leave will complete their ordinary hours for that day prior to the entitlement to overtime payment for that day.
20.3 An employee may refuse to work overtime in some circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
20.4 When overtime is payable
Overtime will be paid to part-time or full-time employees in the following circumstances:
20.5 Payment for overtime
(a) In calculating overtime, each day's work will stand alone.
(b) An employee will receive payment for overtime worked rounded to the next fifteen minutes of the total amount of overtime claimed in a fortnightly pay period.
(c) An employee's ordinary hourly rate of pay for calculating overtime payment will include higher duties allowance, where applicable.
(e) Saturday overtime for shiftworkers
A shiftworker will be paid at the rate of 200% for all overtime worked on a Saturday.
(f) Minimum payment - non-restriction situations
Where an employee is required to work overtime not continuous with ordinary work (excluding meal breaks) that employee will receive a minimum overtime payment of four hours at the applicable rate for each separate overtime attendance.
(g) Minimum payment - restriction situations
(i) If an employee rostered in a restriction situation in accordance with clause 20.8-Essential Customer Servicing is required to report to their worksite or a customer premises:
20.6 Rest period after overtime
(a) Where an employee works overtime between periods of ordinary hours of work the employee will have 10 consecutive hours off work between the cessation of such overtime and the commencement of the employee's next period of ordinary hours work, without loss of pay.
(b) An employee (other than a casual or part-time employee) who works so much overtime between the termination of the ordinary work on one day and the commencement of the ordinary work on the next day that the employee did not have at least 10 consecutive hours off duty between those times will, subject to this clause, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c) If on the instructions of Telstra an employee resumes or continues work without having had such 10 consecutive hours off duty, the employee will be paid 200% of their ordinary rate of pay until released from duty for such period and then is entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay.
(d) The provisions of this clause will not apply to employees who are working under the provisions of clause 20.8-Essential Customer Servicing or clauses 20.16 to 20.19 concerning Emergency work.
20.7 Time off instead of payment for overtime
(a) An employee may choose with the consent of Telstra, to take time off instead of payment for overtime at a time or times agreed by Telstra. This agreement must be in writing. The employee must take the time off within four weeks of working the overtime.
(b) If the employee takes time off instead of payment for overtime then the amount of time off during ordinary hours will be taken at the ordinary time rate, that is an hour for each hour worked.
(c) If requested by an employee, Telstra must, within one fortnight of receiving a request, pay the employee for any overtime worked. The employee must be paid at overtime rates.
20.8 Essential Customer Servicing
(a) In order to satisfy essential customer servicing requirements, Telstra may roster an employee to be available to respond to business needs outside of ordinary hours of work.
(b) In any rostering arrangement, for the purposes of this clause, Telstra will have regard to the employee's ability to be at, or to remotely access, the worksite within a timeframe which meets Telstra's needs.
(c) The rostering of an employee for the purposes of this clause is the responsibility of Telstra. Eligibility for the prescribed allowance is based upon Telstra expressly rostering the employee in accordance with the provisions of this clause. The provision of a pager or mobile telephone for contact purposes does not automatically attract the operation of this clause or overtime penalties.
20.9 The rostering of an employee for the purposes of clause 20.8 should be based on a weekly cycle on the basis of the following:
(a) On-Call: An employee who is required to remain contactable and available within a reasonable time to return to duty will be paid at 1.0453% of the standard rate per night and 2.4122% of the standard rate per day and night.
(b) Emergent Call: An employee who is required to be available and ready to return to duty within 30 minutes will be paid at 2.0906% of the standard rate per night and 4.8244% of the standard rate per day and night.
(c) Immediate Call: An employee who is required to remain at home and be ready for immediate recall to duty will be paid at 0.8845% of the standard rate per hour.
20.10 For the purposes of these Essential Customer Servicing provisions, 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.
20.11 No payment will be made to an employee under these Essential Customer Servicing provisions where the employee has been appropriately rostered but does not or cannot hold themselves in the required degree of readiness to respond to a call to duty.
20.12 An employee who is called upon to perform duty at home which can effectively be performed at home but who elects to perform the work at the worksite, will only be eligible for payment as if the work was performed at home.
20.13 Where an employee performs work that:
20.14 In addition to the allowances in clause 20.9 an employee who is:
20.15 Rest relief provisions in respect of emergency duty will apply to duty which is performed under the essential customer servicing provisions. The provisions of clauses 20.8 to 20.15 do not apply to clauses 20.16 to 20.19-Emergency Work.
20.16 Emergency work
Where an employee is called to work to meet an emergency at a time when they would not ordinarily have been at work, and no notice of such call was given to them prior to their ceasing work on ordinary hours, he or she will be paid for such emergency work at the rate of 200% of their ordinary rate of pay. The time for which payment will be made will include time necessarily spent in travelling to and from work. The minimum payment under this clause will be for three hours.
20.17 Telstra may decide, for health reasons, that an employee who has undertaken emergency work is to be relieved from work his or her next ordinary rostered work period, without deduction from salary. Such period of relief will neither exceed the number of hours of emergency work nor extend into a second ordinary rostered work period.
20.18 This part, Emergency Work, will not apply to an employee whose work for the day is varied by alteration of the commencement of the scheduled ordinary rostered hours to meet an emergency.
20.19 The penalties in clause 20-Overtime are in substitution for, and not cumulative upon the penalties provided in clause 19-Hours of work and clause 26-Public holidays.
21.1 No employee will be required to work for more than five hours without a break for a meal which for day workers and shift workers will be unpaid and for a period of not less than 30 minutes and not more than 60 minutes.
21.2 Shiftworkers who are required by Telstra to remain in attendance during their scheduled meal break will be paid at the applicable ordinary rate of pay for that meal break.
Part 6-Leave and Public Holidays
22.1 Annual leave is provided for by the NES.
22.2 This clause of the award supplements the provisions of the NES which deal with annual leave. Annual leave does not apply to casual employees.
22.3 For the purposes of the provisions of the NES that deal with annual leave, a shiftworker is an employee who is rostered to regularly work ordinary hours of work on Sundays and public holidays where that means they are rostered to work at least 10 Sundays in a year.
22.4 If a shiftworker is rostered on less than 10 Sundays in the year, additional annual leave will accrue at the rate of half a day for each Sunday worked, up to a maximum of five days.
22.5 Payment for annual leave
Employees will be paid at their base rate of pay for ordinary hours for periods of annual leave plus the greater of:
22.6 Excessive leave
23. Personal/carer's leave and compassionate leave
23.1 Personal/carer's leave and compassionate leave are provided for in the NES.
23.2 This clause supplements the provisions of the NES which deal with personal/carer's leave and compassionate leave.
23.3 For each year of service with Telstra an employee will be entitled to 15 days of paid personal/carer's leave.
23.4 Personal/carer's leave will be paid at the employee's base rate of pay plus any shift penalties the employee would have received for working ordinary hours on a shift.
Community Service Leave is provided for by the NES.
Parental Leave is provided for by the NES.
26.1 Public holidays are provided for by the NES.
26.2 Payment for time worked on a public holiday
(i) Telstra will provide the employee with four weeks' notice of termination of employment.
(ii) Redundancy pay will be calculated at two weeks per completed year of service on an employee's base rate of pay, except as provided for in clauses 12.1(b)(iv) and 12.1(b)(v). An employee will receive the greater of their entitlement under this clause 12.1(b)(ii) or the applicable NES redundancy pay entitlement.
(iii) The maximum redundancy pay will be 40 weeks' pay.
(iv) If an employee has been acting in a higher classification position for a continuous period of at least 12 months immediately before Telstra issued the notice of redundancy the redundancy pay will be calculated on the pay for the higher classified position.
(v) If an employee has been in receipt of shift penalties for six months or more in the 12 month period immediately before Telstra issued notice of redundancy, Telstra will include the weekly average shift penalties over this period when calculating the redundancy pay.
Classification Rate per week ($)
Customer Contact Officer Level 1 708.20
Customer Contact Officer Level 2 746.20
Principal Customer Contact Specialist 786.30
Customer Contact Team Leader 814.20
Principal Customer Contact Leader 873.00
(b) Clerical and Administrative Stream
Classification Rate per week ($)
Clerical and Administration Level 1 684.70
Clerical and Administration Level 2 708.20
Clerical and Administration Level 3 746.20
Clerical and Administration Level 4 814.20
Clerical and Administration Level 5 873.00
(c) Technical Stream
Classification Rate per week ($)
Telecommunications Traine 684.70
Telecommunications Technical Employee 746.20
Telecommunications Technician 792.30
Advanced Telecommunications Technician 814.20
Principal Telecommunications Technician 873.00
Telecommunications Associate 943.30
(d) Technical Professional Stream
Classification Rate per week ($)
Technical Professional Level 1 977.85
Technical Professional Level 2 1010.79
Technical Professional Level 3 1104.67
Technical Professional Level 4 1245.90
(e) Sales Stream
Classification Rate per week ($)
Sales Professional 748.80
No Sales Professional will be remunerated solely by commission payment, nor by any salary or retainer that is lower than the amount of minimum remuneration for a Sales Professional.
Classification Rate per week ($)
Media Relations Officer 814.20
Senior Media Relations Officer 873.00
(g) The classification structure and descriptions for the above classifications are contained in Schedule A.
Age % of adult rate
15 years 50
16 years 60
17 years 70
18 years 100
13.3 Apprentices
Junior apprentice % of standard rate Not completed year 12
Junior apprentice % of standard rate Completed year 12
Adult apprentice % of standard rate
1st year 50 55 80
2nd year 60 65
The highest of 80%, the national minimum wage, or the rate for the classification of Telecommunications Trainee
3rd year 75 75
The highest of 80%, the national minimum wage, or the rate for the classification of Telecommunications Trainee
4th year 88 88
The highest of 88%, the national minimum wage or the rate for the classification of Telecommunications Trainee
(i) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, Telstra must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that this clause will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between Telstra and the apprentice.
(ii) For the purposes of this clause, excess reasonable travel costs include the total cost of the reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of this clause, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(iii) The amount payable by Telstra under this clause may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This reduction would only apply if an apprentice has either received such assistance or Telstra has advised the apprentice in writing of the availability of such assistance.
Clause 17-Payment of wages;
Clause 19-Hours of work;
Clause 20-Overtime;
Clause 21-Breaks;
Clause 22.5-Annual Leave Loading;
Clause 26.2-Payment for time worked on a public holiday.
(i) time worked regularly in excess of ordinary hours of duty;
(ii) time worked on public holidays;
(iii) time spent standing-by in readiness for a call back;
(iv) time spent carrying out duties outside of ordinary hours of duty over the telephone or via remote access arrangements; or
(v) time worked on afternoon, night or weekend shifts;
(i) taking these factors into account in the fixation of annual remuneration;
(ii) granting special additional remuneration;
(iii) granting a special allowance, penalty or loading; or
(iv) granting other compensation such as special additional leave.
(i) the total annual remuneration has been fixed to include annual leave loading; or
(ii) Telstra can demonstrate that other benefits related to annual leave of equal value to leave loading will be paid to the employee.
(ii) The higher duties allowance is payable upon the completion of each block of five full days, and then each subsequent block of five full days where Higher Duties have been performed. For a part-time employee, one full day means the regular daily scheduled hours for that part-time employee.
(iii) Notwithstanding clause 16.1(b)(ii), if Telstra requires an employee to perform Higher Duties from a classification listed in clause 14.1, the employee must perform the Higher Duties for one week or more, worked continuously, to be eligible to receive the higher duties allowance. For part-time employees, one week means the regular weekly hours for that part-time employee.
(iv) In determining the higher duties allowance, Telstra will take into account the remuneration paid in the employee's normal role, the remuneration of the higher classified role, and the percentage of tasks performed from the higher classified role.
(v) If an employee performs all of the tasks from the higher classified role, the allowance will be the difference between the employee's minimum salary for the usual role and the minimum salary for the higher classified role.
(vi) If the employee is performing some, but not all, of the tasks from the higher classified role, Telstra will set the amount of the allowance.
(vii) If an employee goes on leave, and but for the taking of that leave, the employee would have performed the work of the higher classification and been eligible to receive the higher duties allowance, then the higher duties allowance will be paid.
(viii) If an employee goes on unplanned leave, and but for the taking of unplanned leave, the employee would have performed the work of the higher classification, then the period of unplanned leave will count for the purposes of clause 16.1(b)(ii).
(i) works overtime that is continuous with their ordinary hours,
(ii) was not notified the previous day or earlier of the requirement to work overtime; and
(iii) is eligible for a second meal break during the total period of work.
All reasonable out-of-pocket expenses incurred in connection with Telstra's business that is authorised by Telstra and properly paid for by the employee will be reimbursed by Telstra on the provision of receipts evidencing expenses paid by the employee.
Except as provided for elsewhere in this award, an employee directed by Telstra to travel in the employee's own time will be paid travelling time and all expenses incurred while travelling in accordance with clause 16.1(f)(ii). Further, an employee sent by Telstra from their usual locality to another and required to remain away from their usual residence will be paid expenses while so absent from their usual locality.
An employee is not entitled to be paid for travelling in the employee's accustomed workplace or territory. In circumstances where an employee is required to work away from the usual workplace or territory and
travels in the employee's own time to reach such place, the employee will be entitled to be paid for the time reasonably spent in travelling to such place in excess of that which would be spent travelling home to the accustomed workplace or boundary of the usual territory.
The amount of pay for an employee travelling outside of ordinary hours will be their ordinary rate of pay on Monday - Saturday and 150% of their ordinary rate of pay on Sundays and public holidays (subject to clause 26-Public holidays).
The maximum travelling time to be paid will be five hours out of every 24 hours.
The minimum travelling time to be paid will be 30 minutes in one day or 2.5 hours in any fortnightly pay period.
Reasonable expenses incurred while travelling including an amount equivalent to the meal allowance in clause 16.1(c) for each meal taken (except where the cost of the meal is included in the fare).
Reimbursement of the cost incurred for lodging of reasonable hotel/motel standard.
(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
Allowance Applicable Consumer Price Index figure
Meal allowance Take away and fast foods sub-group
(ii) For the avoidance of doubt, a district allowance is not payable to an employee whose work base is in, or who performs work predominantly in, Darwin, Townsville or Cairns.
(i) for an employee with dependents, an annual payment calculated on the following basis:
Classification
of remote
location Amount
Grade 1 837% of the standard rate per annum (the grade 1 amount)
Grade 2 67.95% of the grade 1 amount
Grade 3 50.16% of the grade 1 amount
Grade 4 20.53% of the grade 1 amount
(ii) for an employee without dependants, an annual payment calculated on the following basis:
Classification
of remote
location
Grade 1 61.85% of the grade 1 amount specified in clause 16.3(c)(i)
Grade 2 38.62% of the grade 1 amount specified in clause 16.3(c)(i)
Grade 3 27.40% of the grade 1 amount specified in clause 16.3(c)(i)
Grade 4 11.00% of the grade 1 amount specified in clause 16.3(c)(i)
(iii) additional annual leave calculated on the following basis:
Classification
of remote
location Additional leave
Grade 1 7 x days
Grade 2 5 x days
Grade 3 3 x days
Grade 4 2 x days
16.4 Payment of airfares and other subsidies
(i) the employee is receiving workers' compensation payments or is receiving regular payments directly from Telstra in accordance with the statutory requirements; and
(ii) the employee remains employed by Telstra.
(a) 7 hours and 21 minutes per day; or
(b) 8 hours and 10 minutes per day.
(a) employees working a consistent number of ordinary hours each day;
(b) fixing one or more days a week on which employees work a lesser number of hours;
(c) fixing one or more days on which all employees will be off work during a particular work cycle; or
(d) rostering employees off on various days of the week during a particular work cycle so that each employee has one or more days off during that cycle.
(a) by Telstra giving one week's notice of the requirement to change the arrangement of hours or the shift roster;
(b) by mutual agreement between the employees concerned and Telstra;
(c) at the discretion of Telstra, employees may be permitted to exchange shifts or days off to perform duty for another employee. In such circumstances, Telstra is not required to make any additional payment; or
(d) by agreement between Telstra and an employee.
Monday to Friday - 7.00 am to 7.00 pm.
(i) Afternoon shift means any shift finishing after 7.00pm and at or before midnight.
(ii) Employees on afternoon shift are entitled to a penalty of 15% for that shift.
(i) Night shift means any shift finishing subsequent to midnight and at or before 9.00 am.
(ii) Except as provided for in clause 19.7(b)(iii) employees on night shift are entitled to a penalty of 15% for that shift.
(iii) An employee who:
is entitled to a penalty of 30% for time worked on such night shift. This penalty is in substitution for and, not cumulative upon, the night shift loading in clause 19.7(b)(ii).
(b) Employees are entitled to 200% of their ordinary rate of pay for all ordinary hours worked between midnight Saturday and midnight Sunday.
(c) The penalties in clause 19.8(a) and (b) are in substitution for, and not cumulative upon the afternoon and night shift penalties prescribed in clause 19.7(a) and (b).
(a) Proper health monitoring procedures being introduced;
(b) Suitable roster arrangements being made;
(c) Proper supervision being provided;
(d) Adequate breaks being provided; and
(e) An adequate trial or review process being implemented.
(a) any risk to employee health and safety;
(b) the employee's personal circumstances, including family responsibilities;
(c) the needs of the workplace or workgroup;
(d) the notice (if any) given by Telstra of the overtime and by the employee of his or her intention to refuse it; and
(e) any other relevant matter.
(a) For work performed which is in excess of the maximum ordinary time hours pursuant to clause 19.2;
(b) For work performed outside the span of ordinary hours; or
(c) Work performed in excess of 36.75 hours per week or an average of 36.75 hours per week.
(i) at 200% of the employee's ordinary rate of pay for all work between midnight on Saturday and midnight on Sunday;
(ii) at 250% of the employee's ordinary rate of pay for overtime worked on public holidays (subject to clause 26-Public holidays); or
(iii) in all other cases, at 150% of the employee's ordinary rate of pay for the first three hours and 200% of the employee's ordinary rate of pay thereafter.
(ii) If an employee rostered in a restriction situation in accordance with clause 20.10-Essential Customer Servicing is required to perform work at home, or is not rostered but is required to perform work, they will receive a minimum overtime payment for one hour.
(iii) Clause 20.5 does not apply to clauses 20.16 to 20.19-Emergency work.
(a) is not continuous with ordinary work; and
(b) involves attendances both before and after midnight,
the payment for the whole attendance will be at least equal to the minimum overtime payment applicable to one day. Where a higher overtime rate applies on one of those days, the minimum payment will be calculated at the higher rate.
(a) required to report to the worksite or a customer's premises will be paid at the relevant overtime rate for actual hours worked (including travel time);
(b) required to perform work at home will be paid at the relevant overtime rate for the actual hours worked; or
(c) not rostered in accordance with this part but is contacted to perform duty at home will receive 200% of their ordinary rate of pay for the actual time worked,
subject to the minimum overtime payment provisions.
(a) 17.5% of the base rate of pay for the period of annual leave taken; or
(b) any additional amount that the employee would have received for working ordinary hours on a shift or Saturday or Sunday had the employee not been on annual leave.
If Telstra has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, Telstra can require the employee to take annual leave by giving not less than four weeks' notice of the time when such leave is to be taken if:
(a) at the time the direction is given, the employee has eight weeks or more of annual leave accrued; and
(b) the amount of annual leave the employee is directed to take is less than, or equal to, a quarter of the amount of leave accrued.
(a) Employees will be paid in accordance with the penalties prescribed in clause 26.2(b) for all time worked on a public holiday (i.e. midnight to midnight or part thereof) for all public holidays referred to in section 115 of the Act.
(b) An employee who is required to work on a public holiday will be paid at the following rates for the applicable minimum period described in clauses 20.5(f)-(g):
(i) day work-250% of an employee's ordinary rate of pay;
(ii) afternoon and night shifts-200% of an employee's ordinary rate of pay; and
This rate of pay is in substitution for and not cumulative upon the penalties set out in clause 19-Hours of work and related matters or the overtime penalties in clause 20-Overtime.
(c) Where a shift spans over two days, one of which is a public holiday, if the majority of the shift falls on a non-public holiday then the minimum engagement in clauses 20.5(f)-(g) will not apply.
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