6.1 Introduction

Optus and its employees agree that there are three fundamental objectives for Optus to consider in determining how an employees working hours are to be structured under this Agreement:

a. the most efficient production and delivery of the service;

b. the most effective way of servicing the customer; and

c. the most effective way of meeting employees needs for satisfying work, personal development, health and workplace safety.

6.2 Standard Provisions

a. All hours of work will be divided between core and non-core hours. Core hours shall be between 7am and 7pm unless varied. Any variation to the core hours on a workplace or individual basis shall only be by agreement, but in any case the length of the span (12 hours) shall not be varied. Hours outside the standard span or agreed span shall be non-core hours.

b. Ordinary hours of work of full time employees, other than Retail employees and those working rostered shifts will be 38 hours per week, or in the alternative 76 hours per fortnight, and will ordinarily be worked Monday to Friday as determined by Optus.

c. Saturday shall operate as an ordinary time day for Retail employees and Retail employees may agree that Sunday operates as an ordinary time day provided that no pressure will be applied to any employee to so agree. Non retail employees may agree that Saturday operate as an ordinary time day provided that no pressure will be applied to any employee to so agree.

d. In determining its shift rosters. Optus shall ensure that the working hours average 38 hours pre week over the duration of the shift cycle nominated for each operations group or workplace and that any variation from such average shall not be unreasonable.

e. Within the standard hours, management may nominate alternate work/off-line periods to be worked by the employee.

f . Start and finish arrangements for each employees ordinary hours will be initially determined by management to reflect the differing operational requirements from each employee within each workplace. These arrangements can be varied by agreement between management and any employee(s) at each work site following a process of consultation in accordance with Optus policy and provided that an employee may not unreasonable withhold agreement to a variation resulting from changed business requirements.

6.3 Rates of Pay - Definitions

There shall be 3 rates of pay:

a. a core rate shall apply for all ordinary hours worked within core hours;

b. a non core rate shall be paid for all rostered ordinary hours of work any part of which starts or finishes or starts and finishes either side of the nominated or otherwise agreed core hours. (Such work shall be known as shift work); and

c. an overtime rate shall apply for all hours worked in excess of 38 hours per week, or in the alternative 76 hours per fortnight, according to the ordinary hours arrangements the employee is working.

6.4 Core Rate

The core rate shall be the employees actual ordinary hours rate of remuneration.

6.5 Non Core Rate Shift - Definitions

a. Afternoon shift means any shift of ordinary hours finishing after 7.00pm and at, or before, midnight.

b. Night shift means any shift of ordinary hours finishing after midnight and where the majority of all hours worked are worked before 7.00am.

c. Morning shift means any shift of ordinary hours starting after midnight and before 7.00am and finishing after 7.00am and where the majority of all hours worked are worked after 7.00am.

Provided that the definitions of such shifts and the loadings prescribed below take into account any variation agreed between Optus and its employees regarding the span of core hours.

6.6. Loadings - Monday to Friday
a. An employee rostered to work afternoon shift shall be entitled to a loading of 15% of the employees core rate for each such shift worked.

b. An employee rostered to work night shift shall be entitled to a loading of 20% of the employees core rate for each such shift worked.

c. An employee rostered to work morning shift shall be entitled to a loading of 10% of the employees core rate for each shift worked.

6.7 Loadings - Saturday, Sunday and Public holidays

a. An employee rostered on shift work, the major part of which is performed between 11pm Friday and midnight Saturday shall be entitled to a loading of 50% of the employees core rate for each such shift worked.

b. An employee rostered on shift work, the major part of which is performed between 11pm Saturday and midnight on the Sunday shall be entitled to a loading of 100% of the employees core rate for each such shift worked.

c. An employee rostered on shift work, the major part of which is performed between 11pm on the night receding a Public Holiday and midnight on the Public Holiday, shall be entitled to a loading of 150% of the employees core rate for each such shift worked,

6.8 Loadings - General

Shift loadings are not payable in respect of overtime, while on call or on periods of leave other than annual leave.

6.9 Shift Work Arrangements

a. Shift rosters shall be prepared by Optus after consultation with relevant employees and give employees a minimum 7 days prior notice of the roster.

b. Any Optus initiated roster variation which does not permit 7 days prior notice shall only occur on the basis of unforeseen or exceptional circumstances, for example illness or emergency.

c. Employees are empowered within criteria set up by workplace management to exchange shifts with fellow employees subject always to local operational requirements. In such circumstances, only the employee actually doing the work is entitled to any applicable loadings. No additional costs shall be incurred by Optus for such arrangements.

d. Employees may be required, on a rostered basis, to work at least 1 additional shift each roster period at the applicable overtime rate.

e. Overtime worked in conjunction with rostered shift work shall attract either the non core rate or overtime rate whichever is the larger but not both.

f. Employees who are employed on 7 day shift working rosters, i.e. where working hours are rostered and worked outside core hours on each of the 7 days per week across the shift cycle, will be entitled to additional annual leave of up to 5 working days per year. Where rostered duty is performed on less than 10 Sundays in the year the additional leave will accrue at the rate of 1/2 day per rostered Sunday worked up to a maximum of 5 days.

g. Shift employees while on annual leave shall be entitled to a loading equal to the average shift loading incurred for that year or a pro rata loading for any employees who have completed less than one years such work.

h. Employees whose scheduled day off falls on a public holiday shall elect either a day in lieu of the public holiday, an additional days leave or a days pay at the core rate. The additional leave does not attract shift loadings.

6.10 Overtime

Employees shall be required to work overtime as reasonably required by Optus and shall only be entitled to payment (or granted time in lieu) where such overtime has been directed to be undertaken. Such employee(s) should lodge an application for payment of overtime within 14 days of the overtime being worked to ensure its timely payment.

6.11 Time Off in Lieu

Time off in lieu of overtime may be available to Optus employees at the request of the employee and with the agreement of the appropriate manager.

The time off in lieu in all instances is to equal the period of overtime actually worked and shall be taken within 1 month of entitlement having regard to the operational requirements of the employees workplace.

6.12 Overtime - Applicable Rate

Overtime, calculated by reference to the employees remuneration at the rate of time and a half for the first 3 hours and double time thereafter, shall be paid for all time directed to be worked in excess of weekly hours (or, where employment is based on fortnightly hours, time and a half for the first 6 hours and double time thereafter).

For such work done on Saturday the overtime rate is time and one half for the first 3 hours and double time thereafter. For such work done on a Sunday the overtime rate is double time for all time worked. For such work done on a Public Holiday the overtime rate is two and a half times for all time worked. Overtime on a Sunday or Public Holiday however, shall not count toward the threshold period for which overtime is otherwise payable at the rate of time and one half only.

Except where such work continues on from the employees ordinary hours without a break (other than a meal break or other agreed break) a minimum payment of 3 hours at overtime rates is payable for overtime performed Monday to Friday and a minimum of 4 hours on a Saturday, Sunday or Public Holiday.

6.13 Unscheduled Customer Servicing

a. Rostered Arrangements

In order to satisfy essential network operational or customer service requirements, Optus may determine that it is necessary to impose mobility and social restrictions on an off duty employee or employees on a rostered basis to ensure their availability for responding to unscheduled servicing requirements.

Employees so rostered must respond, in the appropriately identified manner to the relevant service demand/requirement within one half hour of being contacted, i.e. be directly enroute to the worksite or have remotely accessed via home based computer work equipment. In rostering employees for this purpose, Optus will have regard to their ability to be at the worksite within a time frame which meets its business need for satisfying essential network operation or customer service requirements.

As compensation for accepting the mobility and social restrictions the rostered employee shall be entitled to an amount of 20% per hour calculated by reference to the employees remuneration.

Any employee restricted as above and who is required to report to the worksite or a customers premises shall be entitled to the appropriate overtime rate for a minimum period, inclusive of travel time, of 3 hours for any unscheduled call out. Where such an employee is required to respond to an unscheduled network operations or customer servicing requirement via home based work equipment i.e. through remote diagnostics, analysis and correction, or is required to provide telephone directions/advice to achieve service restoration, the minimum entitlement shall be 1 hour at the applicable overtime rate.

b. Non-Rostered Call Out

Any employee who has not been rostered onto a personal restriction situation but who is required to respond to an unscheduled servicing requirement at the worksite or at a customers premises shall be entitled to overtime at the applicable rate for such call out subject to the minimum period prescribed in (a) above.

Where an employee who has not been rostered onto a personal restriction situation is required to respond to an unscheduled network operation or customer servicing requirement via home based work equipment, i.e. through remote diagnostics, analysis and correction, the minimum entitlement shall be 1 hour at the applicable overtime rate. The simple provision of, or requirement to wear a pager for contact purposes however does not provide an entitlement.

c. Where an employee is required to attend to a subsequent unscheduled servicing requirement and the minimum payment period for the previous call out has not expired, the additional period for payment will extend only to the time the subsequent call out (including travel time) concludes.

6.14 Rest Breaks

a. Employees will e entitled to an unpaid meal break of minimum half hour duration not later than 5 hours after commencing duty. Management may determine other breaks they deem reasonable. The timing and duration of all breaks will be structured by management to meet operational requirements.

Such breaks will not be extended to provide for split shifts.

The scheduling of meal breaks for part time employees, where applicable, shall have regard to their scheduled start and finish times.

b. In the interests of health and safety, employees required to work overtime which continues on from their normal working day, should receive a break of at least 10 hours, inclusive of travel, before resuming normal work. Health and safety considerations must be the prime determinant for any employee who resumes work before this minimum break is completed. This period may be reduced if the overtime worked is as a consequence of voluntarily exchanged shifts.

c. Where health and safety issues determine that it is necessary, an employee who has been recalled to undertake unscheduled servicing at the worksite or customers premises or, who has been required to work overtime which is not continuous with their normal working day, should be relieved from duty on their next regular shift without deduction of pay, for a period equal to the length of the unscheduled servicing requirement (inclusive of travel time).

In times of identified emergency situations, provisions relating to scheduled breaks shall be relaxed until the emergency has been brought into a controlled situation.

Optus management is responsible for ensuring that the health of safety interests noted above are effectively implemented.

The Agreement provisions relating to ordinary hours of work, start and finish times, overtime and unscheduled customer servicing shall not apply to employees in specified classifications as set out in Appendix A(i), A(ii), and A(iii).