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OPTUS AGREEMENT


This agreement was certified in the AIRC on 16th October 1997. It replaced the Optus Enterprise Flexibility Agreement. In the vote 5346 were eligible to vote, 70% voted, 83% voted yes.

1.0 INTRODUCTION

This Agreement shall be known as the Optus Employment Partnership Agreement (1997).

Both Optus Administration Pty Limited (Optus) and Optus employees (The employees) covered by this Agreement recognise the need to continue implementation of an appropriate minimum income and working conditions environment for Optus employees. This Agreement satisfies that need.

1.1 Commitment

This Agreement reflects the ongoing commitment of Optus and its employees to develop a world leader operation and provides the basic conditions for a constructive relationship between Optus and its employees.

Optus and its employees have agreed to work together to develop a committed, flexible and highly skilled workforce that is focused on customer service, optimum productivity and a working environment which is mutually rewarding to Optus and all of its employees.

This is be achieved by an acceptance of, and an ongoing commitment to, the Optus core values and a recognition of the obligations of management and the employees as set out in this Agreement.

1.2 Optus Core Values are:

a. Focus on long term customer satisfaction.

b. Maintenance of high ethical standards at the workplace, as well as with customers.

c. The appropriate empowerment of individuals to make and be accountable for decisions. This includes the encouragement of innovative and constructive discussions regarding the implementation of new business processes and customer service activities.

d. A strong emphasis on teamwork and c-operative work relations involving all employees.

e. The development of an achievement oriented work environment where recognition and reward is based on the individuals contribution to Optus culture, goals and success.

f. Leadership based on trust and respect and the development of mutually supportive relationships between managers and their staff.

g. Continuous improvement and personal renewal to meet the challenges of technology, customer demands, competition and global influences.

1.3 Optus Obligations:

Commit management to nurturing and maintaining a working environment that:

a. is focused on optimum productivity and the highest standards of customer service;

b. seeks to utilise and develop the employees full range of skills;

c. provides a training structure that enables employees to be kept up to date in world wide telecommunications, information technology and/or cable television and other skills, technologies and developments in order to satisfy Optus work requirements and employee development;

d. provides for the pursuit of flexible working conditions which better service the customer and facilitate and support operational requirements;

e. enables employees and line management to development fair and effective employee relations practices;

f. is both safe and rewarding: and

g. provides for genuine consultation and concern for employee well being.

1.4 Employees Obligations:

All Optus employee commit:

a. to act as integral and professional members of the total Optus team by effectively discharging their responsibilities;

b. to be accountable/responsible for their decisions and actions;

c. to deliver long term customer satisfaction by fully utilising skills endorsed or nominated by Optus;

d. to maintain a high level of proficiency in their area(s) of expertise;

e. to implementing Optus critical focus on productivity and customer service;

f. to fully participate in relevant problem solving exercises at the workplace/enterprise; and

g. to act ethically, constructively and co-operatively with Optus employees, customers and business associates.

2. APPLICATION

2.1 This Agreement shall be binding on Optus and on all employees whose salaries and conditions of employment are intended, except for this Agreement, to be regulated by the Optus Interim Award (1994), being those employees to whom the minimum rates in Appendix A(i), A(ii) and A(iii) are applicable.

2.2 The terms of this Agreement shall prevail over the terms of the Optus Interim Award (1994), in accordance with the Workplace Relations Act 1996.

2.3 This Agreement shall take effect from the date of its approval by the Australian Industrial Relations Commission and shall remain in force for three years.

3.0 VARIATIONS

Optus and its employees recognise that the Workplace Relations Act 1996 allows for this Agreement to be varied by a further Certified Agreement made between them, and agree that variation shall be considered if any Clause:

(i) requires variation so as to deal with the effect of legislative change and/or

(ii) requires variation to give recognition to changes in community standards and/or

(iii) is no longer relevant or appropriate to Optus operational requirements and/or

(iv) is inconsistent with the delivery of optimum customer service and productivity.

Any variation shall be subject to the same procedures and requirements as are required for the approval of this Agreement by the Australian Industrial Relations Commission.

4.0 CHANGED WORK ARRANGEMENTS

a. Optus and its employees agree that consistent with existing practices. Optus has the flexibility to conduct its operations within the full scope offered by this Agreement.

b. The obligations on Optus arising from Clauses 6.2(a), 6.2(b), 6.2(c), 6.2(d), 6.9, 6.12, 6.13 and 6.14 or any of them, may be changed by agreement between Optus and any group of employees and be deemed part of this Agreement provided that:

(i) Optus genuinely consults with the employees in the group about the change before their agreement is sought, and

(ii) the majority of employees in the group genuinely agree with the change via a confidential process established to determine that agreement, and

(iii) the agreement must not disadvantage the employees in the group when considered against terms of this agreement as a whole, and

(iv) the agreement is necessary to make Optus or a particular workplace operate more efficiently according to its particular needs, and

(v) where the majority of employees in the group support the change, the approval of the Australian Industrial Relations Commission will be sought prior to its implementation in the same manner as it was sought for approval of this Agreement.

5.0 CONTRACT OF EMPLOYMENT

5.1 Introduction

It is envisaged that the Optus workforce will primarily be full time. However, to accommodate Optus operational flexibility requirements, less than full time employment will be available to supplement Optus full time employment focus.

5.2 Full Time Employees

Full time employees will be engaged on a monthly basis provided that any employee may agree to be employed on a different periodic basis.

No full time employee shall be transferred to less than full time employment without his/her written consent.

5.3 Block Time Employees

Persons may be employed by Optus for a mutually agreed period or project. Such employees (as distinct from casual employees) will be entitled to at least minimum pro rata remuneration and conditions as provided in this Agreement based on the equivalent full time position. At the conclusion of the employment period or project, the employee will be paid any outstanding entitlements but, subject to the Workplace Relations Act 1996, will not be entitled to any redundancy payment.

5.4 Part Time Employees

Persons willing and available to work, on a regular basis, less than 38 hours per week, or as an agreed alternative, less than 76 hours per fortnight, may be engaged as part time employees. The number and configuration of hours to be worked by such employees may vary from week to week as determined at the time of engagement or appointment to an alternative position or as subsequently agreed.

Part time employees will be entitled to a base hourly rate equivalent to 1/38th of the weekly remuneration and will be entitled to pro rate conditions provided in this Agreement based on the comparable full time position. Any period of accrued leave or payment in lieu where applicable shall be paid on a pro rate basis.

Part time employees become eligible for overtime only after completing 38 hours in a week (or if they have been employed on the basis of fortnightly hours, after completing 76 hours in a fortnight).

5.5 Casual Employees

Persons may be engaged as casual employees on an hourly basis.

A casual employee will e entitled to a base hourly rate during core hours of 1/38th of the weekly remuneration of a comparable full time position plus a loading of 20% of the applicable Agreement rate in lieu of all leave provisions available to other categories of employees.

5.6 Probation Period

Full time, block time and part time employees may be recruited on probation for a maximum of 3 months.

5.7 Termination of Employment

a. In the case of full time or part time employees, one months notice (or payment or forfeiture of payment in lieu of notice) of termination of employment shall be given by the employee or Optus.

b. When a full time or part time employee is over 45 years of age and has two years continuous service, five weeks notice (or payment in lieu of notice) of termination of employment shall be given by Optus.

c. The notice periods referred to in (a) and (b) above are equal to or in excess of the notice of termination of employment provisions contained in the Workplace Relations Act 1996.

d. In the case of a casual employee and subject to the Workplace Relations Act 1996, one hours notice of termination of employment shall be given by the employee or Optus.

e. In the case of block time employees, one weeks notice (or payment or forfeiture of payment in lieu of notice) of termination of employment shall be given by the employee or Optus during the agreed period/project for which the block time employee was employed.

f. If a block time employees employment is not terminated in accordance with (e), such employment will end when the mutually agreed period/project ends.

g. In the case of a full time or part time employee on a probation period, one weeks notice (or payment or forfeiture of payment in lieu of notice) of termination of employment shall be given by the employee or Optus.

h. Nothing in this clause will prejudice Optus right to dismiss an employee instantly without notice for serious breaches of his or her contract of employment, for example serious misconduct or gross neglect of duty.

i Termination of employment by Optus (whether with notice or without) will not be harsh, unjust or unreasonable.

j. A dispute over termination of employment which cannot be resolved between Optus and an employee may be referred to the Australian Industrial Relations Commission under the Workplace Relations Act 1996.

k. The provisions of (h), (i) and (j) are consistent with the provisions contained in the Workplace Relations Act 1996.

l. Unless Optus agrees, notice of termination of employment cannot be given by an employee if the notice runs concurrently with annual leave or long service leave.

m.Optus may set off any amounts an employee owes to Optus against any amounts Optus owes the employee at the date of termination.

5.8 Redundancy

Any employee whose employment position has become redundant and whose employment is terminated as a consequence of Optus not being able to find suitable alternative employment for the employee, shall receive notice or receive payment in lieu of notice in accordance with Clause 5.7 and severance payment of 3 weeks remuneration per completed year of service. This severance payment shall not exceed 40 weeks remuneration to any such employee. An employee shall not be regarded as having become redundant where Optus finds suitable alternative employment for the employee.

In addition such employees will be entitled to full payment of any accrued annual and long service leave entitlements.



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