REACH ENTERPRISE AGREEMENT 2005
PART 1 - INTRODUCTION
This Agreement is called the Reach Services Australia Pty Ltd Agreement 2005.
2 Parties Bound and Application
This Agreement bids:
(a) Reach Services Australia Pty Ltd in relation to Australian operations (ACN 095 465 419) ("REACH")
(b) Community and Public Sector Union ("CPSU")
(c) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia ("CEPU").
(d) All employees who are employed by REACH in the classifications specified in Schedule A.
It is the intention of the parties that the Agreement operate as a comprehensive agreement, dealing with all terms and conditions of employment for REACH employees. However, to the extent that there are matters not addressed by the Agreement, the Agreement will operate in conjunction with underpinning federal awards as listed in schedule B. Where there is any inconsistency, the Agreement will prevail. This Agreement covers the REACH workforce referred to in clause 2(d).
This Agreement will operate from 1 June 2005 until 31 May 2008 or as otherwise certified by the Australian Industrial Relations Commission.
This Agreement provides remuneration and conditions that underpin the continuing growth of REACH's business.
REACH and its employees will work together to produce high quality and efficient responses to customer needs and a work environment that retains, rewards and attracts quality employees. They will ensure that:
(a) REACH and employees continue to work productively, adapting to changes that will allow it to prosper and grow;
(b) employees are rewarded for performance within the terms of this Agreement; and
(c) REACH and employees work co-operatively together, including through the consultative provisions of this Agreement.
6 Australian Workplace Agreements
6.1 REACH may enter into an Australian Workplace Agreement (AWA) with any staff member covered by this Agreement. However:
(a) No staff member will be required to enter into an AWA for their existing job, or for a job to which they are transferred or promoted, and will have the choice of accepting or rejecting the AWA;
(b) Existing staff members who are party to AWAs will, on expiry of those AWAs, have the choice of accepting or rejecting a subsequent AWA.
The AWA may operate to the exclusion of this Agreement or prevail over its terms to the extent of any inconsistency.
6.2 Employees whose employment is covered by an Australian Workplace Agreement are excluded from this Agreement:
7 Definitions and Interpretation
7.1 Unless the context otherwise requires in this Agreement:
Act means Workplace Relations Act 1996 (Commonwealth).
Commencement Date means the date on which this Agreement is certified by the Australian Industrial Relations Commission.
Commission means the Australian Industrial Relations Commission.
GCOE Award means the Telstra Corporation General Conditions of Employment Award 2001 as varied from time to time.
Month means Calendar month.
REACH means Reach Services Australia Pty Ltd (ACN 095 465 419)
Ordinary Rate of Pay means the hourly rate of pay calculated on the basis of the company rate for any employee, as set out in Schedule A.
Telstra means Telstra Corporation Limited (ACN 051 775 556).
Translated Telstra Employee means a Telstra employee who accepted an offer of employment with and commenced employment with Reach Services Australia Pty Ltd, as a translating employee.
7.2 In this Agreement headings are for convenience only and must be ignored in the interpretation of this Agreement.
8.1 To ensure that the agreement provides for:
(a) Flexible working arrangements;
(b) Clear and comprehensive entitlements,
the parties will establish consultative procedures. Any issue raised, whether within this agreement or not, which has an effect consistent with the above objectives, shall be processed through the consultative procedures.
8.2 Enterprise arrangements may involve a variation in the application of this agreement in order to meet the requirements of the parties.
8.3 Arrangements may be negotiated and consequential agreement variations processed in accordance with the provisions set out below:
(a) a majority of employees effected genuinely agree;
(b) REACH agrees;
(c) The affected union(s) agree. The procedures for processing enterprise arrangements will be as follows:
(d) All employees will be provided a reasonable opportunity to peruse the current prescriptions that apply at the place of work.
(e) The initiator of the enterprise arrangements will notify the other parties 14 days before the matter is put to employees for their agreement (see 8.3(a)).
(f) Where agreement is genuinely reached between the parties and the employees, such agreement must be committed to writing
PART 2 - HOURS OF WORK AND TYPES OF EMPLOYMENT
9.1 Employment Arrangements
REACH will, on the engagement of a full time or part time employee, provide the employee with a written statement. The statement will inform each employee whether they are to be full time or regular part time. Where REACH engages an employee for a fixed term this will be indicated in the written contract. Such fixed term employees may be engaged for a specific period of time or for specific task/s. The details of the specific period of time or specific task/s will be included in the written statement.
9.2 Casual Employment
(a) REACH may engage casual employees. A casual employee is one who is engaged and paid as such. The employment will be by the hour and is terminable without notice.
(b) A casual employee shall be paid by the hour based on 1/36.75 of the weekly rate applicable to the relevant Band, plus a loading of 25%. The loading is payable in lieu of all leave and other benefits otherwise available.
(c) Where a casual employee works overtime the employee will be paid the 25% loading and the overtime otherwise payable.
(d) Casuals will not normally be engaged on shift. However, where they do so (e.g. in emergency situations). Casuals will be paid the greater of the 25% loading or the shift penalty but not both.
10.1 Full time Employees
For full time employees (other than a shift worker), ordinary hours of work will be 36.75 hours per week, worked between 7am and 7pm, Monday to Friday. There will be an unpaid meal break after no longer than 5 hours of continuous work. The meal break will be at least 30 minutes in length and no more than one hour, except in areas where the Flexible Working Hours Scheme operates, where the meal break may be longer. Within these parameters the timing of the meal break will be at the discretion of the manager, taking into account any individual requirements.
10.2 Start and finish times
Within the span of 7am to 7pm normal start and finish times will be determined by the relevant manager, based on customer and operational need and following discussion with the individual employee. The discussion will have regard to the employee's preferences and family responsibilities. However, customer needs and operational requirements will be a significant consideration in determining start and finish times and the daily pattern of work. Outcomes will be distributed fairly across the work group.
10.3 Method of working ordinary hours
Ordinary hours may be worked in any pattern, which provides for an average of 36.75 hours per week. Translated Telstra Employees who previously operated under the Flexible Working Hours Scheme, based on 7 hours 21 minutes per day (7.35 hours) or a nine-day fortnight consisting of 8 hours 10 minutes per day (8.17 hours) will continue to operate in REACH under the same arrangements in a manner consistent with this Agreement, having regard to, in particular, those matters contained in clause 10.2.
10.4 Regular part-time employment
(a) REACH may employ regular part-time employees in any job.
(b) A regular part-time employee is a person who:
(i) works less than full-time hours; and
(ii) has reasonably predictable hours of work; and
(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
(c) At the time of engagement REACH and the regular part time employee will agree in writing on a regular pattern of work specifying :
(i) the ordinary hours worked each day;
(ii) which days of the week the employee will work;
(iii) the actual start and finish times; and
Any agreed variation to the regular pattern of work will be recorded in writing.
(d) Except as provided in 10.4(e), the actual weekly hours and ordinary hours of duty agreed in accordance with 10.4 (c) will not be varied, amended or revoked without the written consent of the employee.
(e) The actual hours to be worked in a particular week may be varied by an oral agreement to which the employee willingly consents provided that the total hours to be worked in that week are not changed. Any variation extending beyond a particular week will only be with the written consent of the employee.
(f) A regular part-time employee will be paid for all ordinary hours worked at the ordinary hourly rate of pay for a full time employee. Overtime will be paid for hours worked outside the agreed times under 10.4(c), subject to sub clause 10.4(e)
(g) A full time employee may revert to part time if agreed by the manager. The agreement will specify:
(i) the agreed period of part time employment;
(ii) the ordinary hours worked each day;
(iii) which days of the week the employee will work;
(iv) the actual start and finish times; and
(v) the method by which the hours may be varied.
(h) An employee who reverts to part time in accordance with 10.4(g) will not be required to revert to full time employment during the agreed period, nor will REACH be required to convert such an employee to full time employment during the agreed period of part time employment. At the end of the agreed time the employee will revert to full time employment unless there is another agreed period of part time work. Any subsequent agreement will be made in accordance with 10.4(d) above.
11.1 12 hour shifts
Areas within REACH which operated with 12 hour shifts as at the Commencement Date will continue to operate under the same arrangements consistent with the prevailing 12 Hour Shift Operations Agreement
11.2 Hours Of work for ordinary shift workers
An employee may be engaged on shift work. The ordinary hours of work for shift work will:
(a) not exceed 36.75 hours per week or an average of 36.75 hours per week over a cycle of shifts for full time employees;
(b) be less than 36.75 hours per week or an average of less than 36.75 hours per week over a cycle of shifts for part time employees.
11.2.1 The shift schedule will be determined by the relevant manager, based on the needs of the business and following discussion with employees. The discussion with an employee will have regard to his/ her individual preferences and family responsibilities. Outcomes will be distributed fairly across the group.
11.2.2 For employees whose duties do not permit the working of straight day duty in accordance with clause 10.1, the hours of duty shall be an average of 36.75 per week over a cycle of shifts. A reduced number of attendances may be worked in such shifts.
11.2.3 Shift duty shall be subject to the following conditions:
11.2.3(a) The maximum period of ordinary duty on any day, except Saturday, shall be nine hours. The minimum period shall be seven hours. On Saturdays, the maximum period of ordinary duty shall be ten hours.
11.2.3(b) The limits of shift duty shall be :
11.23 (c) Shifts shall be so arranged that, as far as practicable, in every period of two weeks an employee shall cease duty not later than 1.00 p.m. on one Saturday.
11.2.3(d) Except in the case of employees on relief duty, similar commencing and finishing times shall be worked on at least three days in each week. Employees on relief duty shall be employed on straight day duty when not required for relief duty. In this paragraph the expression "employees on relief duty" means employees rostered for the relief of other staff members absent on approved leave or of employees rostered off duty in lieu of Sunday duty.
11.2.3(e) In exceptional cases the shift duty provisions of this sub-clause may be varied by mutual agreement between the parties.
11.3 Shift work - Overtime
11.3.1 Overtime will be payable to full-time, and part-time employees working in accordance with 11.2, for:
11.3.1(a) work performed on any day which is beyond the ordinary hours of shift work for a full-time employee on that day; or
11.3.1(b) work other than specified in 11.3.1(a) performed in excess of 36.75 hours per week or an average of 36.75 hours per week.
11.3.2 For overtime worked in accordance with 11.3.1(a) or 11.3.1(b) payment will be at the rate of 150% for the first three hours and 200% thereafter.
11.4 Work during meal breaks
An employee on shift work may be required to remain in attendance during the meal break subject to the following conditions :
11.4.1 Where the meal break is rostered as time off work, no additional payment will be made.
11.4.2 Where the meal break is not rostered as time off work additional payment will be made at the employee's ordinary salary rate for the meal break. Where an employee is required to work during the meal break he/she will be paid at overtime rates for the whole of the meal break.
11.5 Break between shifts
Where practicable shifts will be so 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.
11.6 Notice of roster change
An employee will be given seven days notice of variation to a shift roster. Where seven days notice is not given the employee will be paid at overtime rates (including Higher Duties allowance) for those hours of the shift that differ from the originally rostered shift. The overtime rates will continue until seven days notice have been given.
11.7 The penalty payment will also apply when the employee is returning to his/her original roster, until seven days notice of that change is given, unless the initial change of shift was for a definite limited period notified at that time to the employee.
11.8 Where the shift change is caused by the absence of another employee, of which REACH did not have seven days notice, three days notice will apply in lieu of the seven days notice provided in clauses 11.6 and 11.7.
11.9 Where an employee after commencing work on a scheduled shift on any day, is required to cease work and complete his/her scheduled hours later in the day, no deduction will be made from the ordinary day's pay in respect of the break in work. For work subsequent to the ordinary scheduled hour of ceasing work, payment will be made at the appropriate overtime rate.
11.10 Exchange of shifts
Employees will be allowed to exchange shifts, subject to the approval of the manager.
11.11 Sunday duty in excess of ordinary hours
For any time of ordinary rostered work on a Sunday in excess of the ordinary daily hours of work described in this clause, an employee will be paid ordinary time in addition to ordinary pay.
11.12 Shift arrangements
If an employee is scheduled to work a shift where any part of the ordinary hours on that shift falls between the hours of 7pm and 7am Monday to Friday, the employee will be paid an additional 15% of salary for all ordinary hours worked on that shift. Where an employee is required to work ordinary hours for a period exceeding four weeks on a shift falling wholly within the hours of 6pm and 8am, the employee will be paid an additional 30% of his or her salary for that shift.
11.13 Extra week's leave for continuous shift workers A seven day shift worker rostered to work shifts regularly on Sundays and Public Holidays, will be eligible for an additional week's annual leave after 10 Sundays worked as part of a seven day shift. Where less than 10 Sundays are worked as part of a seven day shift roster, additional leave will be proportionate i.e. 1/2 day for each Sunday worked. Where a seven day shift worker works an overtime shift on a Sunday, that work will constitute Sunday work for the purposes of this clause, provided that the overtime shift must be no less than the normally rostered shift hours. The additional week's leave will be for seven consecutive days and includes non working days.
11.14 Introduction of a Shift Staff will be given as much notice as possible but no less than four weeks notice that shifts will be introduced into a workplace.
11.15 Shift Closure
REACH will provide staff likely to be affected by the closure of particular shifts up to six months notice of intent, such notice to specify the planned date of effect. In the absence of such period of notice shift penalties will be maintained for six months. The shift penalty maintenance period will be reduced by the period of notice given. Affected staff will have the option of capitalising penalty maintenance payments.
12.1 Full time employees
(a) REACH may require employees to work reasonable overtime. Full time employees authorised to work overtime will be paid at the following rates for overtime worked :.
(i) 150% for the first three hours and 200% thereafter;
(ii) on a Sunday - 200% for all time worked;
(iii) on a public holiday - 250% for all time worked;
(iv) on a Saturday, if a shift worker - 200% for all time worked; and
(v) for RTW employees - 200% for all overtime worked between 11 pm and 7 am.
12.2 Employees employed in a job in the RSW, RTW or RTPW above band 8 (including Higher Duties allowance) will not be eligible to receive the payments prescribed in this clause or additional payments relating to rostered work on public holidays.
12.3 The exclusion in clause 12.2 does not apply to RTW/RTPW employees whose job is that of a technical specialist graded at Band 8 or Band 9 respectively.
13.1 Employees will have at least 10 consecutive hours off work (inclusive of reasonable travelling time) between periods of ordinary hours work.
13.2 Employees who work overtime between periods of ordinary hours work will have 10 consecutive hours off work between these times before commencing the next period of ordinary hours work, without loss of pay.
13.3 Employees required to resume or continue work without having 10 consecutive hours off work, will be paid at double rate until they cease that period of work, and will then be eligible to be absent from work until they have 10 consecutive hours off work, without loss of pay for any ordinary hours work scheduled during that absence.
13.4 The provisions of this clause do not apply where an employee wishes to change the scheduled shift, and the manager agrees to the change.
(a) 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 prior to their ceasing work on ordinary hours, he/she will be paid for such emergency work at the rate of double time. 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 three hours at double time.
(b) A manager may decide, for health reasons, that an employee who has undertaken emergency work is to be relieved from working his/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.
(c) This clause 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.
PART 3 - REACH WORKSTREAM ARRANGEMENTS
"Company Rate" means the agreed minimum annual rate of pay for jobs within a REACH Workstream at any particular time.
"Level" means the classification level of a job, and/or its occupant, within a REACH Workstream.
"Core Benchmark" means jobs that have been graded and placed into Levels using agreed job descriptions. Core Benchmark Jobs align particular job duties within Workstreams for the life of this Agreement,
"Reach Workstream" means a defined group of employees working in jobs which are operationally and organisationally associated within REACH. Clause 18.3 of Part 3 of this Agreement defines the REACH Work Levels that apply as part of this Agreement.
Movement to another job will be on the basis of merit selection. Where a job requires an employee to be licensed or to possess relevant permits or formal qualifications, those requirements will be specified in individual job descriptions;
17 REACH Workstream Principles
17.1 The following principles apply to the implementation of the REACH Workstreams and operation of this Agreement.
Each Level, within a REACH Workstream, will have agreed representative benchmarks. There may be more than one benchmark for each Level. Core benchmark job descriptions will form part of this Agreement.
Managers will design any new jobs that will go into the REACH Workstream. Should the parties to this Agreement be unable to reach agreement on the appropriate grading of new jobs, the matter will be referred for review to a review team consisting of:
(a) an external consultant expert in job evaluation and classification systems;
(b) a company representative; and
(c) a nominee of the union.
A majority of the three-person team will determine the outcome and this outcome will be binding on the parties to this Agreement without recourse to any further review or appeal.
Core benchmark jobs will not be changed, reviewed or altered except by agreement between the parties, and without the involvement of any third party, during the period of operation of this Agreement.
An employee who commences employment with REACH after the certification of this Agreement will be paid at the applicable Company Rate contained in Schedule A.
17.2 Australian Qualifications Framework (AQF)
Where relevant Australian National Training Authority endorsed Training Packages (including AQF Qualifications) exist or are developed, REACH Work Band and jobs covered by this Agreement, will be aligned to them, and they will be applied to employees working in those jobs. REACH will recognise prior learning in accordance with those Training Packages. REACH is committed to ensuring that individual Recognition of Prior Learning (RPL) will be given. This may be arranged through the Performance Appraisal process, or commenced at any other appropriate time.
18.1 REACH salaries shall be as set out in Schedule A.
18.2 Multi-functional work provisions
(a) An employee in the RTW or RTPW workstreams may be requested to perform any function at or below their Level. Employees who have the necessary tool set (i.e. training/competency, tools or other required equipment) will use their skills and abilities to complete the task competently.
(b) Employees may also be requested to perform higher level functions, in a temporary capacity during times of peak work load or for employee development purposes, where they have the appropriate tool set. Such requests should be the exception, not the rule, in work allocation and would usually result from jeopardy avoidance or an urgent, first-in response
requirement. In such cases employees are expected to use their skills and abilities to complete the task competently.
(c) Where employees are required to frequently work at a higher level, consideration will be given to an ongoing requirement for a higher band job.
(d) Employees who are on a Company Rate and who choose to move to another job (other than in circumstances of redeployment) will be paid the appropriate Company Rate for the new job, and will receive any subsequent increases in the company rate for the new job.
18.3 Definitions
REACH Support Workstream (RSW) means REACH employees who are engaged in work in Australia that is not in the REACH Technical Workstream, or REACH Technology Professional Workstream.
REACH Technical Workstream (RTW) means REACH employees who are engaged in applying practical skills and knowledge to the technical aspects of voice, data, video and information technology and those engaged in the direct supervision of these employees. The work is focused on applying, either directly or in coaching others, technical know how to solve problems around technical practices. It requires a suitable practical background. The exercise of technical judgement is required within a specific discipline or area of technical work.
REACH Technology Professional Workstream (RTPW) means REACH employees who are engaged in applying theoretical skills and knowledge to voice, data, video and information technologies and related architecture and those engaged in the direct supervision of these employees. The work is focused on applying, either directly or in coaching others, first principles to solve problems of a conceptual or novel nature in relation to the above technologies and architecture. It is characterised by longer term planning horizons. The work is undertaken within higher degrees of autonomy in determining the conceptual approach.
19.1 Accrual Date
Date of accrual for annual leave entitlements for all employees is the anniversary of the date on which they commenced employment with REACH.
19.2 Annual leave
A full-time or part-time employee is eligible for four weeks annual leave for every twelve months of continuous employment with such leave accruing progressively. A part-time employee will be eligible for pro rata leave determined by the ordinary hours he/she normally worked.
19.3 Taking leave
(a) An employee may take annual leave, as it accrues, subject to the agreement of his/her manager.
(b) The annual leave provided in 19.2 will normally be taken within twelve months of accrual, unless deferral is agreed with the manager.
19.4 Leave payment and loading
(a) The pay for annual leave is the employee's pay rate at the time he/she takes annual have plus the greater of 17.5% of the pay rate for the period of the annual leave taken or any additional amount which he/she would have received for working ordinary hours on a shift or Saturday or Sunday had he/she not been on annual have.
(b) The payment of 17.5% is subject to a maximum payment of the equivalent of the Australian Bureau of Statistics Male Average Weekly Total Earnings figure for the preceding September quarter.
19.5 Public holidays or sick leave falling in annual leave
(a) If a public holiday falls within an employee's annual leave on a day which would have been an ordinary working day, extra time equivalent to the public holiday will be added to the employee's annual have.
(b) If an employee takes paid sick leave of one day or more supported by a medical certificate during his/her annual leave, extra time equivalent to the sick leave will be added to the employee's accrued annual leave.
19.6 Deductions from annual leave
Where an employee is absent from work on authorised leave without pay (other than sick leave) and a reduction in annual leave is incurred as a result, such leave will not be reduced by more than one and two third (1.67) days for each calendar month of such absence within any calendar year.
20.1 Personal Carer's Leave
20.1.1 Personal/Carer's leave will comprise an aggregated entitlement of 10 days sick leave on full pay and 3 days paid bereavement leave on the date of permanent appointment and on completion of each 12 month period of service thereafter.
20.1.2 Paid personal / carer's leave is available for absences :
(a) Due to personal illness or injury (sick leave - clause 20.2);
(b) Where an employee is required to care for an immediate family or household member who is sick (carer's leave clause 20.3);
(c) For bereavement on the death of an employee's immediate family or household member (bereavement leave - clause 20.5).
20.1.3 The entitlement to use bereavement leave and carer's leave under this clause is subject to the person in respect of whom the leave is being taken being either:
(a) a member of the employee's immediate family; or
(b) a member of the employee's household.
20.1.4 The term immediate family includes:
(a) a spouse, and a former spouse, of the employee; and
(b) a child or an adult child (including an adopted child, a stepchild or an ex nuptial child), parent, grandparent, grandchild, sibling or spouse of the employee.
20.1.5 A member of the employee's household means a person who normally lives at the same residence as the employee.
20.1.6 In the event that the current year's aggregated personal/carer's leave is exhausted, employees may access their accumulated sick leave for personal sick leave, carer's leave (subject to a total cap of 5 days per annum) or bereavement leave (subject to a total cap of three days per annum).
20.1.7 In the event that the current year's aggregated personal / carer's leave is exhausted, and there is no accumulated sick leave, employees can take leave without pay, with the approval of their manager, for the purposes of bereavement leave (subject to a total cap of three days per annum).
20.2 Personal Sick Leave
20.2.1 Subject to clause 20.4, in the case of illness, an employee, on production of satisfactory medical or other supporting evidence, will be entitled to paid sick leave in accordance with this clause.
20.2.2 An employee is entitled to the following amount of paid sick leave for absence due to personal illness or injury. Subject to clause 20.2.3, these entitlements are cumulative.
Leave on full pay Leave on half pay
(Working Days) (Working Days)
On date of permanent full time employment 10 10
On completion of twelve months service 10 10
On completion of each additional twelve months service 10 10
20.2.3 Full pay Sick leave entitlements which are untaken at the completion of the year shall accumulate on the following scale :
(a) Previous years' untaken accumulated sick leave; plus
(b) The balance of personal carer's leave, provided that such remaining personal/carer's leave does not exceed 10 days leave on full pay, less any personal sick leave or carer's leave taken by the employee during the year.
20.2.4 Full pay sick leave taken by an employee in accordance with this clause is deducted from the amount of aggregated personal/carer's leave except where half pay sick leave has been converted to full pay sick leave in accordance with clause 20.2.7. In this case, full pay sick leave will be deducted pro-rata, from accumulated half pay sick leave entitlements.
20.2.5 Half pay sick leave taken in accordance with this clause is not deducted from the amount of aggregated personal/carer's leave, but is deducted from accumulated half pay sick leave entitlements.
20.2.6 Sick leave used by an employee will be debited against their credit of sick leave. However, sick leave used by an employee on a public holiday which but for the sick leave they would have observed will not be debited.
20.2.7 An employee with more than 10 years service who has used all their entitlement to sick leave with full pay may convert any entitlement they have to sick leave on half pay, in respect of any continuous absence in excess of three days, to sick leave on full pay.
20.2.8 The maximum period of paid sick leave allowable in respect of any continuous absence through illness will be 52 weeks.
20.2.9 Where any employee has exhausted all leave allowable with pay, the employee may be granted sick leave without pay.
20.2.10 In respect of any continuous period of absence, sick leave with and without pay shall not exceed a total of 78 weeks.
20.2.11 If an employee is ill while on annual leave for at least one day and produces satisfactory medical evidence, the employee will be entitled to have the period of illness during the annual leave debited against their sick leave entitlement and to take the period of annual leave during which they were sick at another time fixed by the Company within twelve months.
20.3 Carer's Leave
20.3.1 Subject to clause 20.4, an employee with responsibilities in relation to members of either their immediate family or household is entitled to use up to a maximum of five days per annum of their aggregated personal / carer's leave credit to provide care and support for such persons when they are ill, on production of satisfactory medical or other supporting evidence.
20.3.2 Where practicable, the employee must give prior notice of the intention to take carer's leave, or otherwise notify of such absence at the first opportunity on the day of absence.
20.3.3 Half pay sick leave will not be available for carer's leave purposes provided for under this clause.
20.4 Supporting Evidence for Sick Leave and Carer's Leave
20.4.1 An employee will be eligible for up to a total of five days paid leave for sick leave and carer's leave purposes in any sick leave year without medical or other supporting evidence. However, medical or other supporting evidence must be provided where a period of sick leave exceeds three consecutive days, or an employee's supervisor requests medical or other supporting evidence within a day of an employee resuming work.
20.4.2 If an employee's supervisor does request medical or other supporting evidence and the employee has not sought medical evidence during absences of up to a total of five days in any sick leave year, a statutory declaration describing the illness will be satisfactory supporting evidence.
20.4.3 The provisions of clauses 20.4.1 and 20.4.2 do not apply in cases of personal sick leave during annual have.
20.5 Bereavement leave
20.5.1 An employee is entitled to use up to a maximum of three days per annum of their aggregated personal/carer's leave entitlement on the occasion of the death of a member of the employee's immediate family or household.
20.5.2 The bereavement leave component (three days) of the aggregated personal/carers leave is non-cumulative.
20.5.3 If Company so requests, the employee attesting to the death must produce evidence
21.1 Long Service Leave
21.1.1 Long service leave accrual for both Translated Telstra Employees and new staff, and eligibility employment periods for new staff will be equal to those prescribed in the Long Service Leave (Commonwealth Employees) Act 1976 as at the date of certification of this Agreement.
21.1.2 For the purpose of determining the appropriate calculation of long service leave, a Translated Telstra Employee's length of service with Telstra (including recognised or approved prior service) will be taken into consideration even where that employee has elected to receive payment from Telstra for accrued untaken Telstra long service leave, with the appropriate adjustment.
21.1.3 There will be flexibility in taking periods of long service leave to the extent that business requirements permit.
21.2 Parental Leave
21.2.1 Employees who are eligible, will receive paternity or adoption leave in accordance with the Workplace Relations Act 1996 (Commonwealth).
21.2.2 Maternity leave benefits will be provided, in accordance with or otherwise equivalent to, that provided in the Maternity Leave (Commonwealth Employees) Act 1973 ) ("the Act") whether or not the Act applies in relation to REACH.
21.3 Unpaid Leave
21.3.1 Unpaid leave for up to 3 Months may be recommended by the relevant line manager and is subject to approval by the next level manager
21.3.2 REACH will consider applications for unpaid leave in excess of 3 months where they can be accommodated within business needs.
21.3.3 The criteria to be used to determine whether or not the leave will be granted shall include the reason for the leave, satisfactory performance and business needs.
21.3.4 Unpaid leave, if approved, does not count as service for the purposes of calculation of employment benefits, but does not break continuity of service.
21.4 Special Leave
REACH at its discretion may make leave available to employees to meet their reasonable needs and these needs may include those associated with, but not limited to, work related education, community emergency services and pressing domestic circumstance. Such leave will be granted on an individual basis only. The provision of Special Leave will be in accordance with company policy.
PART 5 - COMMON TERMS AND CONDITIONS OF EMPLOYMENT
22.1 The following days, or any days prescribed under the law of any State to be observed in lieu thereof in the State shall be observed as public holidays:
(a) 1 January ;
(b) 26 January ;
Note : If 1 January or 26 January falls upon a Saturday or Sunday, the next following Monday shall be observed as a holiday in lieu of the Saturday or Sunday ;
(c) Good Friday and the following Saturday and Monday ;
(d) the date designated as the anniversary of the birthday of the Sovereign (as varied from state to state) ;
(e) 25 April ;
(f) Christmas day and the following day ;
Note : If Christmas Day and Boxing Day fall upon a Saturday and Sunday respectively, then the next following Monday and Tuesday shall be observed as public holidays in lieu of the Saturday and Sunday, except that scheduled work performed on 25 December will be paid at the applicable public holiday rate in all circumstances ;
(g) any day proclaimed by the Governor-General or required by any act to be observed in lieu of any of the above days;
(h) REACH will recognise a further holiday on a day agreed between the employee and the manager each year, or in the absence of such an arrangement, between Christmas Day and New Years Day. This will be referred to as the "REACH Extra Day" ;
(i) Any other public holiday prescribed under the law of any State or Territory.
22.2 The benefit referred to in clause 22.1 is subject to the sum of public holidays and the further holiday being no greater than 13 for any calendar year for any staff member.
An employee other than a casual employee required to attend jury services during their ordinary working hours will be reimbursed by REACH an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of the ordinary wage they would have received in respect of the ordinary time they would have worked had they not been on jury service.
24 Accident Make Up Pay and journeys provision
From the commencement of this Agreement should an employee meet with an accident which is subject to and qualifies for compensation under the workers' compensation legislation presently in force in the relevant state or territory, such employee will have the amount received by way of compensation increased by REACH to the amount of the usual weekly rate ruling at the time of such accident. The payment made by REACH will be limited to a maximum of 45 weeks.
25 Occupational Health and Safety Policy
The parties to this Agreement are committed to the identification of hazards in the workplace and the achievement of a reduction in workplace injuries and the achievement of safe working practices.
REACH has an Occupational Health and Safety Policy, which includes but is not limited to, identification of health and safety representatives, OHS Committee and a national OHS Forum, and will consult further with the unions in this regard.
Translated Telstra Employees
26.1 Subject to clause 26.2, the Telstra Redundancy Agreement 2002, as in force from time to time will apply to Translated Telstra Employees whose positions are redundant.
26.2 References in the Telstra Redundancy Agreement 2002 to "redeployment", "relocation", "training", or such other similar terms are taken to mean, for the purpose of this provision that within REACH. Nothing in this clause shall be taken to place any obligation on Telstra regarding the matters referred to above in relation to Translated Telstra Employees whose positions are redundant.
Staff Members other than Translated Telstra Employees
26.3 Staff members other than Translated Telstra Employees whose positions are redundant will be paid redundancy pay calculated on the basis of three weeks for each completed year of service. However, a staff member can accumulate no more than 60 weeks redundancy pay. The cap of 60 weeks does not include the notice period.
Part-time employees
26.4 Where an employee is working part-time at the time of redundancy, for the purpose of calculating final salary, the employee will be paid at the higher of:
(a) hours actually worked on the last day or
(b) an average of the hours worked during employment with REACH. The rate of salary will be the rate per hour on the last day of employment.
Shift Penalty Maintenance
26.5 Where a redundancy benefit will include shift penalties calculated in accordance with Clause 9.3 (b) of the Telstra Redundancy Agreement 2002, any amounts paid as shift penalty maintenance within the same time period will also be taken into account, provided that the redundancy is notified within twelve months of the last penalty maintenance payment.
27.1 An employee who is required to travel or work away from his/her normal designated day by day location, will be paid ordinary rates on Mondays to Saturdays and time and one half rates on Sundays and public holidays, for travel time in excess of:
(a) his/her usual hours of work ;
(b) his/her normal travelling time to and from the normal place of work or designated location.
27.2 Payment will not be made unless :
(a) the excess time exceeds half an hour in any day ; or
(b) two and a half hours in any fortnightly pay period in the case of an employee whose ordinary hours are worked over five days of the week.
27.3 Payment will not be made for more than five hours in any one day.
27.4 Calculation of travelling time will be based on the type of transport chosen and used by the employee.
27.5 Employees who occupy the positions of Managers or Executives will not be eligible for excess travelling time payment.
27.6 Employees not eligible for payment in accordance with Clause 12.2 will not be eligible for payment of Excess Travelling Time.
Allowances will be adjusted annually (from the date of certification) by 3% in line with projected CPI movements.
Employees who are directed to perform, in addition to other normal duties, work which consists of :
(a) translating speech or written material from one language to another ; or
(b) communicating information to a disabled person by means of signs, and translating signs made by a disabled person ;
will be paid, while the direction remains in force, a Linguistic Allowance of $651 per annum.
29 Wearing of Breathing Apparatus Allowance
29.1 Employees required to work in areas where asbestos is evident will wear respiratory protective equipment supplied by REACH. The respiratory equipment will conform, where relevant, to the Australian Standard 1716 (Specification for Respiratory Devices).
29.2 Those employees will be paid a Breathing Apparatus Allowance at the rate of $1.48 for each hour worked in such an area.
30 Essential Customer Servicing
30.1 Scheduling Arrangements
30.1.1 In order to satisfy essential customer servicing requirements, REACH may schedule an employee to be available to respond to business needs outside ordinary hours of work.
30.1.2 In any scheduling arrangement, REACH will have regard to the employee's ability to be at, or to remotely access, the worksite within a timeframe which meets its particular business needs.
30.1.3 The scheduling of an employee for the purposes of this clause is the responsibility of the manager. Eligibility for this allowance is based upon an employee's manager expressly scheduling the employee in accordance with the provisions of this clause. The provision of a mobile telephone for contact purposes does not automatically attract the operation of this clause.
30.2 Scheduling for the purposes of this clause will be based on a weekly cycle as follows :
30.2.1 On-Call :
Employees required to remain contactable and available within a reasonable time to return to work, will be paid $8.35 per night and $19.28 per day and night.
30.2.2 Emergent-Call :
Employees required to be available and ready to return to work within 30 minutes, will be paid $16.71 per night and $38.56 per day and night.
30.2.3 Immediate-Call :
Employees required to remain at home and be ready for immediate recall to work, will be paid $7.05 per hour.
30.3 Payment for work
30.3.1 For the purposes of this clause, return to duty may either be undertaken via remote access, by providing technical advice over the telephone or a return to the worksite as the work requires.
30.3.2 No payment will be made to employees under this clause where they have been appropriately scheduled but do not, or cannot, to the required degree of readiness, respond to a call to duty.
30.3.3 In addition to the amount referred to in clause 30.2 above, employees required to:
(a) report to the worksite - will be paid at the relevant overtime rate for actual hours worked (including travel time) subject to a minimum payment provision of 3 hours
(b) perform work at home - will be paid at the relevant overtime rate for the actual hours worked, subject to a minimum payment of 1 hour.
30.3.4 The provision relating to emergency work payments does not apply where employees are recalled to duty in terms of clause 30.3, whilst in a situation covered by this clause.
30.3.5 Employees not scheduled in accordance with clause 30 but who are contacted to perform duty at home will be paid at double time for the actual time worked, subject to a minimum payment of 1 hour
30.3.6 The Current rest relief provisions in respect of emergency work, contained in clause 13 of this Agreement, will apply to work in terms of this clause.
30.3.7 If employees are called upon to perform work at home, which can be effectively performed at home, but elect to perform the work at the worksite, such employees will only be eligible for payment as if the work was performed at home.
30.3.8 Employees ineligible for overtime or payment for holiday work as described in clause 12.2 of this Agreement will not be eligible for payment under clause 30.
Employees 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, will be paid a Height Allowance at the rate of $6.43 for each such day.
First aid attendants may be nominated at the manager's discretion, in accordance with the REACH Occupational Health & Safety Policy. Nominated first aid attendants will be trained and certified to St John's Ambulance Australia Senior First Aid standard or equivalent and paid an allowance of $8.57 per week.
33.1 Subject to this clause, an employee will be paid a meal allowance, in addition to any applicable overtime, in the following circumstances :
33.1.1 after the completion of his/her ordinary hours of work for the day is required without a break for a meal to perform extra work up to the completion of or beyond the meal period next occurring after the completion of those ordinary hours ;
33.1.2 is required, after the completion of his/her ordinary hours of work for the day, to perform work after a break for a meal which occurs after that completion and is not entitled to payment for that break ; or
33.1.3 is required to perform extra work after 2.00 p.m. on a Saturday after a meal break and is not entitled to payment for that meal break ; or
33.1.4 is required to perform work on a Sunday or public holiday (in addition to their normal weekly hours of work) extending beyond a meal break and is not entitled to payment for that meal break ;
33.1.5 is required to perform work prior to the commencement of their ordinary hours of work will be granted a break for a meal but will not be entitled to payment for the break.
33.1.6 The allowance will be $15.50.
33.2 An employee who is required to perform any of the work specified in 33.1.2, 33.1.3 or 33.1.4 will not be paid a meal allowance unless able to satisfy the manager that they cannot reasonably be expected to return home (or to lodgings) for a meal between the time at which work ceases before the meal and the time at which he/she is required to commence duty after the meal.
33.3 For the purposes of clause 33.1.1 a meal hour will mean the following periods :
* 7.00 a.m. to 9.00 a.m.; 12 noon to 2.00 p.m.; * 6.00 p.m. to 7.00 p.m.; and midnight to 1.00 a.m.
34.1 Where agreed in writing between REACH and individual employees, those covered by the provisions of this Agreement may elect to contribute to superannuation pre-tax by way of salary sacrifice and the terms and conditions of such a package arrangement shall not, when viewed objectively, be less overall than the entitlements otherwise available under this Agreement
34.2 REACH shall ensure that that the structure of any agreed package complies with taxation and other relevant laws.
34.3 REACH shall advise new employees to whom this policy applies of their right to seek to negotiate a remuneration package through salary sacrifice.
34.4 Superannuation Choice of Fund
REACH will ensure that all employees are informed of their superannuation options upon commencement or recommencement of employment, in accordance with prevailing legislation and company policy. This includes the issue of a Super Choice standard form.
34.5 Default superannuation arrangements
In accordance with Superannuation Choice legislation, REACH has nominated Telstra Super Pty Ltd, specifically Division 9 (ReachSuper), as its default superannuation fund for Superannuation Guarantee Charge (SGC) contributions (and any additional contributions as agreed with employees). This will be the default fund for all eligible employees who do not choose an alternative complying fund to receive their SGC and any additional contributions.
PART 8 - APPRAISAL AND DEVELOPMENT
35 REACH conducts an appraisal and development process that is designed to increase the quality of discussion about performance and developmental needs of employees. It seeks to ;
(a) Achieve role clarity and process simplification by ensuring that assessments are based on factors that are achievable and within the employee's control ; and
(b) Ensure greater objectivity by providing appropriate management and employee training to ensure the success of the scheme.
36 All employees covered by this agreement, except those engaged under Casual or Fixed Term conditions, shall be eligible to participate in the REACH Global Incentive Scheme, as amended or replaced from time-to-time. This scheme is discretionary and links reward to company and individual performance. The payment of incentives under this scheme is neither contractual nor guaranteed. On-target percentages are calculated on base salaries and are subject to review and change in accordance with company policies as varied from time-to-time.
PART 10 - CONSULTATION AND GRIEVANCE SETTLEMENT
37 Dispute avoidance/resolution
37.1 The parties are committed to avoiding industrial disputation.
37.2 REACH aims to provide a productive, rewarding, safe and non-discriminatory work environment for its employees. This environment should be characterised by co-operation, mutual respect and open communication between employees and managers.
37.3 Where employees experience work-related problems, the matter may, in the first instance, be raised with their immediate supervisor who will attempt to resolve the problem within a reasonable time, i.e. within 2 working days. REACH acknowledges the right of employees who are union members to raise the matter with their union representative who may become involved in the discussion at any stage of the process.
37.4 If the matter cannot be resolved with the employees' supervisor, it may be taken to the supervisor's manager who will seek resolution within 2 working days, failing which the assistance of a more senior manager may be sought
37.5 If the matter has not been progressed to the satisfaction of the parties within 6 working days from the time it was first raised with the supervisor, it may be referred to the relevant Function Head (or his senior local nominee) and the Reach Services Australia Regional HR Manager and principals of the union for resolution within 5 working days. During the period referred to in clauses 37.3 to 37.5 inclusive, normal work will continue and REACH will not implement the matters in dispute. After completion of these steps, REACH may implement the matters in dispute without prejudice to the final resolution of the matter.
37.6 If the matter still remains unresolved, the parties may refer it to an agreed mediator which may be the Australian Industrial Relations Commission ("the Commission"). The role of the mediator is limited to providing assistance to the parties in an attempt to address and, if possible, to promptly resolve the matter in dispute by mediation/conciliation.
37.7 The parties agree that the REACH HR Manager and the relevant union officials may agree to waive these time limits in whatever manner is necessary to aid dispute resolution. However, the importance of the nominated manager and union officials accepting responsibility for the issues within the agreed timeframes is also acknowledged by the parties.
37.8 Nothing in these procedures will :
(a) prevent any party from exercising its rights under the Workplace Relations Act 1996 ; or
(b) prejudice the position of a party in a genuine health and safety situation.
38.1 The parties recognise that the Telecommunications Industry is becoming more competitive and continues to be subject to significant change.
38.2 Against this background, REACH remains committed to providing secure employment for employees in a manner consistent with prudent management
38.3 REACH acknowledges that some business decisions will impact on employees' personal and working lives and is committed to minimising any adverse impact to the extent practicable.
The following Consultative Arrangement will assist in this.
38.4 Where REACH proposes to introduce significant business initiatives or major changes which have a demonstrable impact on employees (including REACH policy which affects employment conditions), managers will consult with the employees who may be affected by the proposed changes and their union as early as practicable. A demonstrable impact on employees will arise in circumstances such as major changes in technology, outsourcing, or the composition, operation or size of REACH's workforce or in the skills required and the elimination or diminution of job opportunities.
38.5 REACH will consult with the affected employees and their union(s) on the introduction of such changes as referred to in clause 38.4, their likely impact upon employees and, where possible, measures to avert or mitigate any adverse effects upon those employees. Further, REACH will give consideration to matters raised by the employees and/or the union(s) in relation to the changes and give reasons for its decisions. In the context of the employment conditions governed by this Agreement, consultation is recognised by the parties as providing a bona fide opportunity to ensure that consideration is given to all relevant matters before a final decision affecting individual employees has been taken. It is not joint decision-making or a negative or frustrating barrier to the prerogative of management to make business decisions but assists those decisions to be better informed.
REACH Company Rates
REACH Pay Rates (RTW)
The REACH Rates of pay for each Level are as follows:
Salary p.a. with 2.5% as at commencement date of 1st June 2005 Salary p.a. with 2.5% as at second increase date of 1st June 2006 Salary p.a. with 2.5% as at third and final increase
date of 1st June 2007
Level 1 $33,984 $34,834 $35,705 Level 2 $40,972 $41,996 $43,046 Level 3 $43,994 $45,094 $46,221 Level 4 $48,049 $49,250 $50,481 Level 5 $54,415 $55,775 $57,169 Level 6 $56,820 $58,241 $59,697 Level 7 $59,282 $60,764 $62,283 Level 8 $65,522 $67,160 $68,839 Level 9 $73,673 $75,515 $77,403 Level 10 $79,041 $81,017 $83,042REACH Pay Rates (RTPW)
The REACH Rates of pay for each Level are as follows:
Salary p.a. with 2.5% as at commencement date of 1st June 2005 Salary p.a. with 2.5% as at second increase date of 1st June 2006 Salary p.a. with 2.5% as at third and final increase
date of 1st June 2007
Level 1 $33,984 $34,834 $35,705 Level 2 $40,972 $41,996 $43,046 Level 3 $43,994 $45,094 $46,221 Level 4 $48,049 $49,250 $50,481 Level 5 $54,415 $55,775 $57,169 Level 6 $56,820 $58,241 $59,697 Level 7 $59,282 $60,764 $62,283 Level 8 $65,522 $67,160 $68,839 Level 9 $73,673 $75,515 $77,403 Level 10 $88,237 $90,443 $92,704 Level 11 $92,764 $95,083 $97,460 Level 12 $94,006 $96,356 $98,765REACH Pay Rates (RSW)
The REACH Rates of pay for each Level (apart from those classifications still covered by the Transitional Support Workstream arrangements below) are as follows:
Salary p.a. with 2.5% as at commencement date of 1st June 2005 Salary p.a. with 2.5% as at second increase date of 1st June 2006 Salary p.a. with 2.5% as at third and final increase
date of 1st June 2007
Level 1 $34,707 $35,574 $36,464 Level 2 $37,481 $38,418 $39,379 Level 3 $38,903 $39,875 $40,872 Level 4 $40,588 $41,603 $42,643 Level 5 $44,231 $45,337 $46,470 Level 6 $48,805 $50,026 $51,276 Level 7 $53,531 $54,869 $56,241 Level 8 $59,569 $61,058 $62,585 Level 9 $65,475 $67,112 $68,790 Level 10 $75,939 $77,838 $79,784 Level 11 $80,001 $82,001 $84,051Transitional Support Workstream Rates (for Translated Telstra Employees)
Classification by Increment (max rates only apply) Salary p.a. with 2.5% as at commencement date of 1st June 2005 Salary p.a. with 2.5% as at second increase date of 1st June 2006 Salary p.a. with 2.5% as at third and final increase date of 1st June 2007
AOFF3/6 $54,238 $55,594 $56,984 AOTC4/5 $66,140 $67,794 $69,489 AOTC5/5 $78,237 $80,193 $82,198
Telstra Corporation General Conditions of Employment Award, 2001
Telstra/CEPU Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 2001
Telstra /CPSU Award 2001
Stuart Hillier
For and on behalf of Reach Services Australia Pty Ltd
Colin Cooper
For and on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal and Allied Services Union of Australia
Irene Moggan
For and on behalf of the Communications Division, Community and Public Sector Union
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