The TESA Group Pty Ltd - Labour Hire Certified Agreement 2005
Index to Agreement
21.1 The parties agree that due to the nature of the TESA business casual labour will primarily be used to accommodate client workload peaks and any specialised project requirements.
21.2 A casual employee may be employed on a hourly basis for a minimum of 4hours.
21.3 Termination of employment shall be by one hours notice or by the payment or forfeiture, as the case may be, for any casual employee.
21.4 Where by a cancellation of job/assignment by a TESA client's, notification of stand down to employee will be a minimum of 1 hour.
21.5 Casual employees will be paid an additional loading 23% In lieu of all paid leave entitlements.
22.1 The Company may employ individuals on a project basis as the need arises.
22.2 Where the Company employs individuals on a project basis, the Company shall provide those employees with a letter of appointment indicating they are being employed for the life of a stated project or for while works exists on that project for an employee in the classification they were employed in. The letter of appointment will also indicate an expected duration of employment.
22.3 Termination of employees employed on a project basis shall be by the giving of 1 week's notice or by payment in lieu of that notice.
22.4 Employees employed on a project basis shall accrue entitlements as per a permanent employee of the Company and shall therefore not attract any % casual loading provisions.
It is agreed that a person will not be allowed to enter or work on any site if the person is under the influence of alcohol or any other substance, which impairs the persons, work performance or creates an unsafe working environment. Failure to comply with this requirement will result in instant dismissal.
Some sites may require random drug and alcohol testing, and where an employee is engaged to work on one of these sites they will be notified by TESA.
24.1 Each permanent employee will accrue 5 days sick leave entitlement in their first year of service and 8 days sick leave entitlement each subsequent year.
24.2 Unless previously notified, when an employee is unable to attend work due to illness or injury they shall telephone or, if unable, have someone telephone management & TESA to advise of their inability to attend work and advise of the extent of their absence by no later than 6.00am that working day.
24.3 Any employee absent from work either preceding or following a weekend, all RDO, Public Holiday, Annual Leave or any other form of leave for one day or more will be required to produce a medical certificate which states that the employee was unable to attend for duty on account of personal illness or injury.
24.4 Where an employee is absent from work due to Illness on two or more consecutive days then that employee must provide a Doctor's Certificate on the next day back at work.
24.5 An employee is entitled to take 4 single days (per annum) off work without the need for a doctor's certificate, however after the last single day off work without a doctor's certificate that employee must provide a certificate for each subsequent day off. This clause will remain in force only in the instance where clause 26.3 does not apply.
This entitlement of 4 single days (per annum) off work without the need for a doctor's certificate does not accrue from year to year.
25 ANNUAL LEAVE For Permanent Employees
25.1 Each permanent employee covered by this agreement accrues 4 weeks (147 hours) annual leave entitlement per annum. This entitlement will accrue on a weekly basis.
25.2 Any employee who has elected to work and take their accrued RDO entitlement paid on a weekly basis accrues 4 weeks (147 hours) annual leave entitlement per annum.
25.3 Annual leave is exclusive of any statutory holiday, which may occur during the period of annual leave.
25.4 If the employment of a permanent employee is terminated by the Company or by the employee for any reason, the Company will pay to the employee any accrued annual leave entitlements.
25.5 It shall not be lawful for the Company to give or for any employee to receive payment in lieu of actually taking leave while still employed by the Company.
25.6 All permanent employees are entitled to a 17.5% leave loading.
25.7 During the times of business downturn, employees may be requested to take accumulated annual leave provided the employee agrees.
26 LONG SERVICE LEAVE Permanent Employees
Employees covered by this agreement shall be entitled to long service leave in accordance with the provisions of the relevant State or Territories Long Service Leave Act provided that where employees meet the eligibility criteria for portable long service leave provisions under the relevant State or Territories Legislation then such provisions will prevail for long service leave.
27 BEREAVEMENT LEAVE Permanent Employees
All permanent employees shall be entitled to a maximum of 2 days leave without loss of pay on each occasion and on production of satisfactory proof of death of the employees partner, father, mother, brother, sister, child, step-child, parents-in-law, grandparent or grandchild.
28 CARER'S LEAVE Permanent Employees
28.1 All permanent employees shall be entitled to personal leave (in accordance with their accrued sick leave entitlement) to care for members of their immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person.
28.2 The employee must, if required by the Company, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.
29 LIVING AWAY ON DISTANT WORK-Telstra engaged employees only
29.1 For the purpose of this clause, a distant project is one where the location of the "on-site project work" is such that because of its distance or because of the travelling facilities available to and from the location, it is reasonably necessary for an employee to live and sleep at some place other than their usual place of residence at the time of commencing such work.
29.2 Both parties agree that consultation between the Company and employees will take place in determining what is reasonable to consider a distant location.
29.3 Living Away From Home Allowance (LAHA)
Where an employee is requested to work at a distant project for less than or equal to 4 consecutive weeks or for a longer term, the Company may elect to:
Pay, the employee an allowance (as detailed below) to cover accommodation, meals and incidentals, (but such an allowance shall not be wages):
$110.00 per day Capital Cities (excluding Sydney, Brisbane & Melbourne) $145.00 per day Sydney, Brisbane & Melbourne29.4 Notwithstanding the above, the parties may enter into other arrangements by agreement prior to commencement on a project.
29.5 Any dispute concerning the standards of accommodation or camp facilities must be reported to management within one week.
29.6 When travelling to distant work locations, employees will be paid at ordinary rates for am travelling time in excess of time usually spent travelling to / from their place of residence to / from their place of work.
30. USE & MAINTENANCE OF COMPANY/CLIENT VEHICLES/TOOLS/EQUIPMENT
The following conditions of employment apply to the use and maintenance of Company/Client vehicles/tools/equipment
(a) All employees are required to keep Company/client vehicles / equipment in a clean and tidy manner. The customary service and maintenance checks of Company/client vehicles / tools / equipment etc must be carried out and any damage / repair requirements promptly reported.
(b) Where employees are knowingly allowing a third person to use the motor vehicle the employee must ensure that a logbook entry is made and that the third party using the vehicle has signed the logbook.
(c) All employees with a Company/client vehicle will make every attempt and effort where practicable to ensure they park legally. The Company will only pay any parking fines incurred where approval to park in such a manner has been granted.
(d) All employees with a Company/client vehicle must ensure the prompt and accurate completion and submission of the Monthly Vehicle Condition Report to supervisor or TESA.
(e) When refuelling vehicles, employees must ensure that current odometer reading is provided to the service station attendants
(f) Company/client vehicles are provided to designated employees specifically for the purpose of work and under no circumstance is an employee permitted to use the vehicle for private use unless written approval has been provided by the Company.
(g) Maintenance or modifications to Company/client vehicles must not be carried out unless approved by management prior to the work taking place.
(h) At the commencement of this agreement, each Company vehicle will be fitted with those tools / equipment for the purpose of performing the designated work.
(i) All of the tools / equipment supplied remain the property of the supplying entity but are the responsibility of the employee in charge of the vehicle. The supplying entity will replace any item after normal wear but if lost or damaged while in possession of the employee, the cost of replacement may, at the discretion of the Company/client, fall upon the employee. On termination of employment, employees must return all property to the supplying entity.
31.1 All injuries, no matter how minor, are to be reported to a supervisor/TESA and/or First Aid Attendant at the first opportunity. The Supervisor and / or the First Aid Attendant, after providing appropriate treatment, must ensure that the injury or illness is recorded on a Injury / Incident Form and reported to the Company/TESA representative no later than 2 hours after the injury or illness has occurred.
31.2 Subject to the nature of the injury or illness, an injured or ill person must not leave his/her place of work until authorised by their supervisor/TESA. Upon the person receiving authority to leave their place of work the supervisor/TESA will determine whether the injured or ill person is to be accompanied.
31.3 Failure to report injuries or illnesses may result in a delay or denial of workers' compensation benefits.
Any employee involved in, or aware of, an incident that has taken place (no matter how minor) involving damage to any person, property, vehicle or equipment must report it to their Supervisor/TESA immediately.
33. EMPLOYEE CLASSIFICATIONS / SKILLS MATRIX
33.1 All employees will be classified as per the Skills Matrix in Appendix "A". The matrix is based on skills, experience and knowledge of employees.
33.2 Movement upward into a higher classification will be determined by the following two factors:
33.3 The Company reserves the right to set the number of employees it wishes to utilise at higher classification levels; this will always be determined by the workload and number of employees within the Company at any given time.
33.4 Although an employee coming into the Company may be of a higher classification than that which they have been employed to undertake, the Company is not obliged to pay that employee at the higher rate of classification. The employee will be paid at the rate specific to the work that the employee has been engaged to perform.
33.5 In addition to the specific skills, qualifications and competencies each classification level of this Agreement requires from relevant employees, all employees will be required to carry out and comply with the following.-
34.1 Any toll expenses incurred by all employee while travelling to / from / between projects shall be reimbursed by the Company upon presentation of either cash receipts or an employee's private E-Tag Statement.
34.2 No employee will be reimbursed for toll expenses incurred whilst traveling from their residence to the depot or site and from the depot or site back to their residence.
35.1 Employees covered by this Agreement may be required to attend medical including Drug and Alcohol testing examinations, paid for by the Company were applicable.
35.2 The Company is not required to provide any notice period to the employee prior to scheduling of medical examinations.
35.3 Examinations may be required more frequently as circumstances require.
35.4 The examinations will be carried out by medical practitioners nominated by the Company.
35.5 The result of all medical examinations made available to the Company are to be treated with strict confidence by the Company.
35.6 All employees acknowledge that refusal or failure to attend a medical examination including Drug and Alcohol testing will have serious consequences which may include instant dismissal.
36.1 The Company may provide uniforms that must be worn by employees whilst at work. Uniforms will be replaced on unserviceability on a one-for-one basis.
36.2 All of the above items supplied by the Company are the property of the Company but are the responsibility of the employee. The Company will replace any item after 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.
36.3 In the event of termination or retirement of an employee, management may request any uniforms bearing the logo of the Company be returned to the Company by the employee prior to any termination monies being paid to the employee.
36.4 Where an individual who has been issued with the required uniform and found not to be wearing the uniform on the job or that the uniform worn is not presented professionally (eg/ not ironed or dirty), then such employee shall be counselled by the supervisor/TESA. Further infractions in relation to the wearing of the Company uniform may result in the individual being required to show cause why that individual should not have their employment terminated.
37.1 The parties recognise that one of the aims of the agreement is to eliminate lost time in the event of a dispute, and to achieve prompt resolution. The most effective procedure is for the responsibility and resolution to remain as close to the Source of the dispute as possible. To this end, the following processes are agreed.
37.2 In the event of a dispute (relating to the provisions of this agreement) occurring, the individual or those individuals directly affected shall refer the matter to a member of the Consultative Committee.
37.3 The Consultative Committee will be responsible for discussing, reviewing and making a genuine attempt to resolve the matter.
37.4 In the event of any dispute arising which cannot be settled by the Consultative Committee the matter shall be referred to the Australian Industrial Relations Commission (AIRC) for resolution and the decision of the Commission shall be binding on both parties.
The employees of the Company shall not make any extra claims for any increases in rates of pay or allowances or conditions of employment during the term of this agreement.
Signatures
SIGNED for and on behalf of The TESA Group Pty Ltd (ACN: 107 606 833} on this day of 2005 Witness
SIGNED by the Employees' nominated employee representatives for and on Behalf of TESA Group Pty Ltd Employees on this day of 2005 Witness
Skills Matrix:
Primary role: The installation, repair, construction, and maintenance of telecommunications products and services.
Typical functions:
Note: role may include some or all of the above
Mandatory Qualifications: Drivers licence - valid for vehicle type (inc Towing where applicable)
Desirable Qualifications: Machinery operators licence - valid for machinery type, Riggers ticket (if reqd), Able to read, write, and speak clearly understand English, Cable Jointer Basic - Optical Fibre and Copper (if reqd)
Note: Qualifications shown (mandatory & desirable) are a guide only and will vary dependant on legislative requirements and person specification.
Primary role: Undertake a range of construction, provisioning and maintenance activities in the telecommunications network.
Note: this role may also include functions listed in Role # 1
Typical functions:
Note: role may include some or all of the above
Mandatory Qualifications : ACA Cabling licence, Drivers licence - valid for vehicle type, Machinery operators licence - valid for machine / plant type, Rigger (if reqd), Cable jointer - Optical fibre and Copper (if reqd)
Desirable Qualifications: AQF2 (cabling), Able to operate screen based equipment, Working at height, Height rescue
Note: Qualifications shown (mandatory & desirable) are a guide only and will vary dependant on legislative requirements and person specification.
Primary role: Undertake a range of construction, provisioning and maintenance activities in the telecommunications network, Perform end-to-end installation, repair maintenance and diagnostic functions related to telecommunications products and services.
Note: this role may also include functions listed in Roles # 1 &2
Typical functions:
Mandatory Qualifications:(as required) ACA Cabling licence, Drivers licence valid for vehicle type, Operator - heavy plant / machinery licence , Rigger, Cable jointer -Optical Fibre and Copper
Desirable Qualifications: Screen based equipment operator, AQF2 / 3 Cabling Operator, Leadership skills
Note: Qualifications shown (mandatory & desirable) are a guide only and will vary dependant on legislative requirements and person specification.
Primary role: Undertake the full range of construction, provisioning, and maintenance activities in the telecommunications network including basic design, Undertake end to end installation, repair, and maintenance functions associated with telecommunications products, Undertake tasks associated with preparation of work orders, work distribution and other support activities including technical direction of other staff
Note: this role may also include functions listed in Roles 3 1, 2, &3
Typical functions:
Mandatory Qualifications: (as required) Drivers licence - valid for vehicle type (Heavy vehicle / plant operator), Cable jointer - Optical Fibre and Copper, Advanced Rigger, ACA cabling licence, Operate Screen Based Equipment
Desirable Qualifications: AQF 3, Leadership skills
Note: Qualifications shown (mandatory & desirable) are a guide only and will vary dependant on legislative requirements and person specification.
Primary role: Without immediate supervision or direction: undertake the full range of end to end installation, repair and maintenance functions in the telecommunications network, undertake work support functions, directly supporting a field workforce engaged in the installation, repair, construction and maintenance of telecommunications products and services, undertake the full range of complex tasks associated with management, allocation, and distribution of work to the workforce
Note: this role may also include functions listed in Roles # 1, 2, 3, & 4
Typical functions:
Note: role may include some or all of the above
Mandatory Qualifications: (as required) Drivers licence - valid for vehicle type (Heavy vehicle / plant operator), ACA licence (with relevant endorsements), Cable jointer - Optical Fibre and Copper (inc testing & commissioning), Screen Based Equipment
Desirable Qualifications: AQF 4, Electronics diploma, Leadership skills, Drafting
Note: Qualifications shown (mandatory & desirable) are a guide only and will vary dependant on legislative requirements and person specification.
Primary role: As requested - a specialist role to be defined as and when requested from supplier
Note: this role may also include functions listed in Roles # 1, 2, 3, 4 & 5
Typical functions: To be described as and when requested from supplier
Mandatory Qualifications: To be described as and when requested from supplier
Desirable Qualifications: To be described as and when requested from supplier
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