The TESA Group Pty Ltd - Labour Hire Certified Agreement 2005
Index to Agreement
This Agreement is the "The TESA Group Pty Ltd -Labour Hire Division Certified Agreement 2005"
2.1 This agreement applies to all telecommunications cabling and associated work carried out by the Company in a Labour Hire capacity.
2.2 This Agreement binds:
(a) the TESA Group Pty Ltd (ACN 107 606 833) - Telco Labour Hire Division (Tesa") (the "Company"); and to
(b) all employees of The TESA Group Pty Ltd - Telco Labour Hire Division working on telecommunications integration, construction & maintenance projects regardless of location or the scope of work.
2.3 All rates of pay, allowances and conditions applicable to employees engaged under the terms of this agreement shall be as prescribed by the appropriate award except where those matters are dealt with by this agreement when this agreement applies instead of the relevant award provisions.
Rates of pay are detailed in Clause 17 for employees who are engaged in work on TESA's behalf for the client Telstra those pay rates and allowances will apply, rates indicated as non-Telstra rates will apply in all other cases as a minimum.
2.4 If there is a business downturn, employees may be directed to perform work for other divisions of the Company and as such the payroll structure and working arrangements of the other respective division will apply. This arrangement will not impact on the accrual of a permanent employee's leave entitlements.
2.5 The parties to this Agreement are the TESA Group Pty Ltd - Telco Division and the employees to whom the Agreement applies.
2.6 Other Options for Agreements
Nothing in this Agreement precludes an employee to whom this Agreement would otherwise apply from entering into a different form of agreement with TESA provided that Agreement is lawful and utilises the relevant Award in clause 4 as the testing criteria for the no-disadvantage test.
If a different form of employment agreement is entered into and approved, this Agreement, excepting for this Clause, shall cease to apply whilst that agreement is in place.
If that different form of Agreement is terminated (but the employment of the employee is not terminated) this Agreement will then apply.
3.1 This agreement operates from the date of certification and shall continue in force for 3 years.
3.2 The conditions of this agreement apply from the date of certification of the agreement unless otherwise indicated by the agreement.
3.3 The parties agree to commence negotiation for a new agreement within 3 months prior to the expiry of this agreement.
4 RELATIONSHIP TO PARENT AWARD
This agreement provides rates of pay and conditions for the employees of the TESA and therefore the specific provisions of this Agreement are in lieu of the parent award(s) i.e. Electrical, Electronic and Communications Contracting Industry (State) Award (NSW) and the National Electrical, Electronic and Communications Contracting Industry Award 1998 present or future which relate to the same or like matters.
5.1 The parties to the agreement will jointly review the operation of the agreement three months after signing then at yearly intervals. The forum for this review is the Telco Division Consultative Committee.
5.2 The parties also agree to commence negotiations in good faith aimed at concluding a new agreement no later than two months prior to the expiry date of this agreement.
5.3 No changes / amendments will be made to this agreement without the approval of the Australian Industrial Relations Commission.
The parties to this Agreement are committed to achieving workplace reform through a broad agenda focused upon two fundamental principles.
(a) Value and personal development of every employee
(b) Continuous improvement through efficiency, safety, productivity & quality measures
(c) Commitment to the above principles includes developing:
The objectives of this agreement are:
(a) To provide a sound basis for harmonious industrial relations within the Company.
(b) To provide the means by which the Company can introduce significant flexibilities.
(c) To rationalise the benefits paid to employees.
(d) To protect employees by ensuring the highest possible standards of Occupational Health, Safety and Rehabilitation in the Company.
(e) To provide a career structure for all employees based on skills and competencies, and the contribution they make to the Company's performance.
(f) Enhance continued employment by eliminating lost time and providing high quality work.
(g) To promote management practices geared towards matching international best practice standards and aimed at fostering a culture of continuous improvement. To this end all employees agree to actively support and assist in the implementation and development of the Company's Quality Management Systems and to participate in this process in whatever capacity may be required.
(h) To ensure that the parties to this agreement have the flexibility to carry out all Telecommunications contract works regardless of the location or nature of the project.
8.1 A Company consultative committee (Telco Division Consultative Committee) will be established by the parties to consult about matters involving changes to the Organisation and performance of work within the Company.
The consultative committee will be made up of two (2) management representatives and two (2) employee representatives elected by the employees.
8.2 The principle purpose of this committee will be to:
(a) Facilitate and monitor the implementation of the terms of the Agreement.
(b) Facilitate the process of Workplace Reform through consultation.
(c) Develop, review and advise the organisation on key issues aimed at improving efficiency, performance and productivity of the organisation's business, can include but not limited to:
9.1 The ordinary hours of work for weekly employees shall be 7.35 hours per day and may be worked between 6.00am and 6.00pm Monday to Friday.
As a result of daylight savings both parties recognise the need to vary start and finish times accordingly. Any variations made will be through a process of consultation and agreement by both parties.
It is understood by both parties that scheduling of time and hours worked will vary depending on the size, location and nature of the project.
9.2 All employees understand and acknowledge that reasonable overtime may be required to be worked in order to achieve / meet customer commitments. Company requests to work overtime must not be unreasonably refused.
If an employee is unable to do overtime as a result of personal circumstances, then that employee shall not be disadvantaged.
9.3 For all work overtime worked, the rates of pay shall be time and a half for the first two hours and then at double time until completion of the overtime work.
9.4 For work performed on Saturday, the rates of pay shall be time and a half for the first two hours and double time thereafter.
9.5 All work performed on Sunday shall be paid at double time.
9.6 All work performed on a Public Holiday shall be paid at double time and a half.
9.7 Employees must not leave the site on which they are working without reasonable cause in paid time.
10.1 The times for meal breaks are.
Morning Tea 15 minutes only Paid
Lunch 30 minutes only Un-paid
10.2 It is understood by both parties that scheduling of meal times can be varied depending on the size, nature and location of the project and will be limited to the following timeframes.
Morning Tea 2-3 Hours from commencement of work or shift
Lunch 5-6 Hours from commencement of work or shift
10.3 Both parties acknowledge that there may be times where continuity of work may be necessary and meal breaks will be taken at a reasonable time when the work schedule permits and without penalty.
11.1 Subject to 11.2, the Company shall contribute the required level of superannuation contributions, which the Company must make for the employee as required by law into the C+BUS Fund.
11.2 Subject to any law requiring superannuation contributions to be directed to a particular superannuation fund, an employee may, in accordance with the Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2004 [Cwlth], nominate the superannuation fund into which the contributions in 11.1 will be made.
Where an employee does not nominate a superannuation fund or makes an invalid nomination, the contributions in 11.2 will be made to the C+Bus Fund.
12.1 It is agreed due to the nature of the casual arrangement that casual employees will be offered facility to bank any of their hours in an hour bank.
12.1.1 This hour bank will accrue all hours in a normal time dollar ($) amount applicable to their pay level at the time of working those hours in an account purely for the purpose of banked hours.
12.1.2 Only full hours that have already been worked will be banked and that no allowances will form a part of this process.
12.2 It is agreed by both parties that each employee will select one of the following options:
(a) Banked and taken at a later date up to a maximum of 300 hours.
(b) Banked and cashed in at the request of the employee.
All banked hours will be cashed in at the last pay period of each calendar year on mutual agreeance.
The parties agree that a reasonable approach shall be taken to inclement weather.
Work will continue unless the Company and employees agree that it is either not reasonable or not safe for employees to continue working on site.
The employees on any inclement weather site or section of a site can be transferred to another site or section of a site for productive work where there is work to be performed.
Should the transfer be inappropriate those employees directly affected by the inclement weather shall be required, as directed by management, to attend an alternative location to perform maintenance and/or attend safety skills development or training sessions or to convene meetings to discuss the organisation of work.
Where by for any reason that alternative work cannot be arranged then those casual employees directly affected by the said inclement weather will be stood down without pay until such time as work can resume.
Were an employee has attended work at the direction of the supervisor or TESA and the inclement weather has caused the stand down then the employee is entitled to a minimum 4 hours normal time pay or any hours worked which ever is the greater.
All parties are committed to an early resumption to work following any cessation of work, which may be a result of inclement weather.
14 OCCUPATIONAL HEALTH, SAFETY AND REHABILITATION (OHS&R)
14.1 It is agreed that there will be a commitment to the ongoing management and improvement of its OHS&R policies and programs.
It is agreed that every employee will be required to become involved in the maintenance of these policies and their own safety.
OH&S is one of the criteria that will be used to measure productivity and efficiency gains generated by this agreement.
Both parties agree that all employees will undergo training and awareness of safety methods, procedures and practices to be implemented for the life of the agreement.
14.2 It is agreed that it is the responsibility of each individual to notify their immediate supervisor and TESA of instances when they have been requested to perform tasks that they feel they have either, no experience, knowledge or ability to perform such a task in a safe manner. This requirement is to ensure the employees' personal safety & safety of co-workers.
As a result of such action no employee will be disadvantaged or discriminated against in their employment.
14.3 Where an employee suspects that any machine or vehicle is unsafe to operate they are to notify their immediate supervisor and TESA and make an entry on their site diary detailing faults. The machine or vehicle is not to be used until a qualified person has declared it safe or until the repairs have taken place,
14.4 On all projects there shall be a strict compliance to all Acts and Regulations, the Company's OHS&R policies and the implementation of Industry Codes of Practice. In order to provide protection for all, failure to observe these requirements will constitute misconduct and person(s) will face serious consequences that may include instant dismissal.
14.5 Employees may be supplied safety equipment and may comprise the following safety items:
14.6 All items supplied by the Company remain the property of the Company but are the responsibility of the employee. The Company will replace items for normal wear but if lost or damaged while in possession of the employee, the cost of replacement may, at the discretion of the Company, fall upon the employee. On termination of employment, employees must return all property to the Company.
14.7 An employee must, while at work on any day, have with them all safety equipment supplied under clause 14.5 for the work to be performed by the employee on that day. An employee will not be permitted or entitled to commence paid work until they have with them all such items, clothing and equipment.
14.8 It is the responsibility of each employee to advise the Company when any of the items supplied in 14.5 require replacement-
15 LOSS OF LICENCE / TRAFFIC INFRINGEMENT FINES
15.1 The Company insists on safety in the workplace and encourages the same on public roads and amenities as a condition of continuing employment. This clause will apply to all employees of the Company who drive a Company vehicle.
15.2 Lawful operations and cautious driving of vehicles is expected of all employees. Breaking of road rules and loss of drivers' license points affects both the safety of employees and the performance and productivity of the Company. Therefore any employee who:
(a) Has their license revoked/suspended must notify Company management immediately and cease to drive the Company vehicle immediately; and/or
(b) Has received a traffic infringement notice that results in that employee possessing 3 or less drivers license points must notify Company management immediately.
15.3 Payment of traffic infringement notices will be the sole responsibility of the driver of the vehicle at the time. An employee disputing payment of an infringement must provide the Company with the name of the third party who committed the infringement and the third parties acceptance of such.
15.4 This clause is aimed to protect not only the financial position and production of the Company, but also to ensure that no employee of the Company Is in the position where they can be protected by not being made liable for damages by being the unlicensed driver of a Company vehicle.
16.1 Providing our clients with a quality product with minimal defects and re-work is a fundamental objective and policy of the Company in maintaining the caontract and in turn the continuity of employment of the employees. By adopting the correct attitude and approach to quality, the Company, will be able to deliver to our clients a product fit for its intended purpose and to exceed the specified standard of quality.
16.2 The involvement of all employees in this procedure is essential to its success and will be one of the most important measures used by the Company to assess the productivity and efficiency improvements provided by employees.
17.1 The wage rates and allowances to be paid under this agreement shall be in substitution for all wage and allowance entitlements of any award that might otherwise apply.
17.2 The Pay Rates for employees who are engaged in work on TESA's behalf, for the client (Telstra) and rates for all other work (Non-Telstra) are:
Level Telstra Telstra Non-Telstra Non-Telstra
Perm Casual Perm Casual
Training All Levels 13.91 17.11 N/A N/A
Labourer 13.91 17.11 12.51 15.38
Basic Operative 16.48 20.74 14.83 18.24
Intermediate 20.09 24.71 18.08 22.23
Operatives
Skilled Operative 22.66 27.87 20.39 25.07
Advanced Operative 24.21 29.77 21.79 26.80
Specialist 25.50 31.36 22.95 28.22 $ per hour
17.3 Wages will be increased by the same amount and from the same time as in the Federal Safety Net increase decisions for the relevant Parent Award.
17.4 The pay period will be from start of work Monday to end of work Sunday.
17.5 All wages will be paid by means of electronic funds transfer into a maximum of 2 Bank Accounts designated by the employee.
18 CONTRACT / TERMINATION OF EMPLOYMENT
18.1 All permanent and casual employees will be issued, on their date of employment, with a formal Letter of Appointment, which will outline, in addition to this agreement, general codes of conduct, policies and procedures consistent with the requirements and responsibilities of their job. The Letter of Appointment will clearly state the type and nature of employment that the employee is entering into.
18.2 Generally, continuity of employment will be determined by a number of factors, including, for example, the availability of work, suitability to task(s) and work performance assessed by reference to among other things, Company job descriptions.
18.3 In addition the Company may instantly dismiss an employee at any time for misconduct, wilful disobedience, pilfering, refusal of work, breaches of Company Policies / Procedures and being under the influence of alcohol, drugs and other prohibited substances. Both parties acknowledge that no period of notice shall be afforded to any employee Instantly dismissed by the Company.
18.4 Should retrenchments become necessary, length of service shall not be the sole determining factor but a consideration to be taken into account along with diligence, ability, skill and overall work performance.
18.5 In the event of any terminations the Company will provide the following periods of notice to any permanent employee(s) affected:
Period of Service Notice Up to One year One week One to Three years Two weeks Three to Five years Three weeks Five years plus Four weeksThe period of notice is increased by one week if the employee is over 45 years old and has completed at least 2 years continuous service with the Company.
If any employee leaves, they will be required to give one week's notice or forfeit one week's pay in lieu thereof
18.6 During the hours of work, employees shall not engage in any activities that are not directly related to their employment with the Company
19 ANTI DISCRIMINATION, EEO & SEXUAL HARASSMENT
19.1 The Company is committed to complying with its obligations under antidiscrimination legislation and in endeavouring to prevent unlawful discrimination and harassment at the workplace.
19.2 All employees of the Company have the legal obligation to comply with sex discrimination and anti discrimination legislation. The Company expects that everyone will comply with the policies it has in place and as they change from time to time in connection with that legislation, including those dealings with unlawful harassment and discrimination at the workplace.
20 PROBATIONARY PERIOD permanent employees
The probationary period will be to assess the employee's ability to work in conjunction with the Company's requirements, standards, policies, job description etc.
The probationary period shall be for a period of three months from date of appointment or other lesser period as determined by the Company.
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