OPTUS AGREEMENT
INDEX TO OPTUS AGREEMENT
10.0 TRAINING
The development of a world leader operation and a best practice workforce is critically dependent on Optus provision of ongoing, relevant and tailored training programs. All such management approved training will be directed towards facilitating the required implementation of leading edge technology by the development of a highly skilled workforce which is receptive employees personal growth opportunities within Optus through the development of relevant competencies consistent with company needs.
On the basis of the limited period of time that they are employed in the field. Cadet Trainees shall be excluded from performance based remuneration schemes unless otherwise determined by Optus. Where such Cadets spend less than 50% of their ordinary hours in the field in any training year, they shall be entitled to receive a minimum of 90% of the relevant youth and adult minimum rate as appropriate.
11.00 WORKING ENVIRONMENT
Optus is committed to providing a non discriminatory, equal opportunity, and smoke free working environment for all its employees and to ensuring that the working environment for the employees is both safe and healthy and in accordance with relevant legislation.
12.0 WORKERS COMPENSATION
Any Optus employee who, as a result of an injury suffered in the course of his or her employment with Optus, receives payments under workers compensation legislation, shall be paid by Optus the difference between the payments received under the workers compensation legislation and the salary which would otherwise be paid to the employee up to a maximum of 52 weeks. Full participation in any approved return to work program will be a prerequisite to the payment of this make up payment.
Provisions relating to the duration of, and eligibility for, such make up pay, documentation, legal proceedings etc. will be as set out in Optus policies as amended from time to time.
13.0 NO PREFERENTIAL TREATMENT
This Agreement acknowledges the status of the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU) as the only Union which has industrial coverage rights with respect to Optus employees covered by this Agreement.
No employee will receive any employment benefit or detriment by reasons of his or her membership or non-membership of the CEPU.
Optus and its employees agree that membership or non-membership of the CEPU is a matter for personal decision by the employee.
14.0 UNION ACCESS
1.0 Union access will be in accordance with Part IX, Division 11A of the Workplace Relations Act 1996.
2. In addition to the right of access referred to in paragraph
(1), Optus agrees to officials of the union having access to
Optus worksites for the purpose of meeting with Optus employees
who are either members of or are eligible to be members of the
union on the following conditions:
a. an official of the union must give the person or persons
nominated by Optus from time to time at least 5 working days
notice of any visit by that official to an Optus worksite;
b. access to an Optus worksite will be at a place or places (which will provide interviewing facilities and a telephone) nominated by Optus;
c. an official of the union will not have access to any part of an Optus worksite which is not nominated under paragraph (b), and can only interview or have discussions with those employees who specifically wish to be interviewed;
d. an Optus representative will accompany the official of the union to and from the place or places nominated under paragraph (b);
e. access to an Optus worksite by an official of the union must not interrupt Optus operations;
f. an official of the union will only have access to an Optus worksite for a maximum period of 4 hours starting and concluding between 10am and 3pm;
g. a union delegate must:
(i) in non work-time, post a visit notice in an agreed format at such places nominated by Optus from time to time at least 3 days before access to an Optus worksite by an official of the union; and
(ii) prior to any access, provide a copy of the visit notice to the person or persons nominated by Optus from time to time.
h. a union delegate may distribute by hand literature at an Optus worksite if it is factual and not misleading and a copy of the literature is provided to the person or persons nominated by Optus from time to time at least 24 hours before it is distributed by the union delegate; and
i. unless there is a nominated suspected breach as referred to in section 285B of the Workplace Relations Act 1996, access to any one Optus worksite will be no more frequent than one visit each 14 days.
15.0 FURTHER AGREEMENT
Optus and its employees agree that approximately 3 months before the end of the life of this Agreement, that Optus will communicate with the employees then covered by the Agreement with a view to reaching a further Certified Agreement made between them to replace this Agreement.
16.0 AUSTRALIAN WORKPLACE AGREEMENTS
Nothing in this Agreement shall operate to prevent Optus and any of its employees, or groups of employees, from entering into an Australian Workplace Agreement concluded and approved in accordance with the provisions of the Workplace Relations Act 1996.
It is acknowledged by this Agreement that all Australian Workplace Agreements made subsequent to the certification of the Agreement shall be allowed to operate to its exclusion or to prevail over it to the extent of any inconsistency. (As contemplated by S170 VQ(6)(iii) of the Workplace Relations Act 1996).
EXECUTED
THE COMMON SEAL OF OPTUS ADMINISTRATION PTY LIMITED
was affixed to this document in the presence of:
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APPENDIX A
NOTE(i) MINIMUM RATES
(Engineering and Technical Services/Television Operations)
MINIMUM RATE JOB GROUPINGS OPTUS REF RANGE $57,450 * Group Leader (Network Management 14 Subject to partial Customer Operations) exemption * Technical Specialist * Other equivalent positions $50,700 * #Senior Engineer (Network 13 Subject to partial Management, Customer Operations exemption * # Senior Broadband Specialist (except for the job * Product Engineer II groupings marked * Design and Construction Co-ordinator thus #) * Site Acquisition and Environment Co- ordinator * Team Leader - Presentation * Other equivalent positions $45,700 * Group Leader (ICM, Power) 12 * Team Leader (Network Management Customer Operations) * Service Manager * Team Leader - Primary Control * Other equivalent positions $39,300 * Team Leader (ICM, Power) * Team Leader (Fibre Engineering) * Engineer (Network Management, Customer Operations) * Product Engineer * Senior Engineer (Fibre) * Broadband Specialist * CST Team Leader * Senior Presentation Coordinator * Other equivalent positions $33,900 * Team Leader (Wiring/Cabling/Splicing) 10 * Associate Engineer (Network Management, Customer Operations) * Engineer (ICM, Power) * Engineer (Fibre) * Network Maintenance, Technician Specialist * Presentation Coordinator * Other equivalent positions $31,000 * Graduate Engineer 9 * Senior Technician (Wiring/Cabling/Splicing) * Customer Service Technician * Network Maintenance Technician * Technical Workforce Coordinator * Assistant Presentation Coordinator * Primary Control Operator * Other equivalent positions $28,550 * Trainee Engineer 8 * Technician Wiring/Cabling/Splicing * Cellular Installer * Service Technician * Primary Control Maintenance Technician * Other equivalent positions $25,600 * Stores Assistant 7 * Reserved $23,050 * Cadet Trainee 6 * Trainee * Other equivalent positions (ii) MINIMUM RATE (Customer Service/Television Programming and Production/General Support) OPTUS MINIMUM RATE JOB GROUPINGS RANGE REF $50,700 * Marketing Executive II 13 Subject to partial * Administration Manager exemption * Systems Support Specialist * Other equivalent positions $45,700 * Facilities Co-ordinator 12 Subject to partial * Systems Administrator * Systems Analyst * Financial Analyst II * Other equivalent positions $39.300 * Senior Video Traffic Scheduler 11 Subject to partial * Marketing Executive I exemption * Team Leader (Customer Service) * Team Leader (Telemarketing/Teledirect) * Other equivalent positions $33,900 * Team Leader (OCS) 10 * Sales Coordinator * Executive Assistant * Telesales Representative ## * Optus Care Sales Executive ## * Team Leader (Switchboard) * Enquiry Centre Supervisor * Financial Analyst I * Team Leader (Billing Production) * Systems Coordinator * Offices Services Coordinator * Other equivalent positions $31,000 * Marketing Assistant 9 * Customer Service Specialist * Telemarketing/Teledirect Specialist ## * Sales Support Executive * Video Traffic Scheduler * Other equivalent positions $28,550 * Telemarketing/Teledirect 8 Representative ## * Customer Service Representative * Operator Specialist (OCS) * Retail Sales Consultant ## * Enquiry Centre Officer * Accounts Clerk * Billing Control Clerk * Graduate Trainee * Team Assistant * Sales Support Representative * Videotape Operator * Videotape Library Assistant * Other equivalent positions $25,600 * Operator (OCS) * Typist * Word Processing Operator * Mail Clerk * Receptionist * Administrative Assistant * Data Entry Operator * Other equivalent positions $23,050 * Clerical Assistant 6 * Cadet Trainee * Trainee * Catering Assistant * Other equivalent positions ## Retail Sales Consultants, Telemarketing/Teledirect Representatives, Telemarketing/Teledirect Specialist, Telesales Representatives or Optus Care Sales Executive may, where they agree, be subject to a commission based remuneration structure provided that the minimum remuneration to apply shall not be less than 70% of the minimum rate prescribed in this Agreement as adjusted annually. The balance of their remuneration under such arrangements will comprise Achievement Incentives. Such commission based arrangements, where and for the time/s for which they operate, shall operate to the exclusion of the Optus General Incentive Scheme. (iii) MINIMUM RATE (COMMISSION BASED SALES ~/~) OPTUS MINIMUM RATE JOB GROUPINGS RANGE REF $50,700 Reserved 13 Subject to partial exemption $45,700 * Sales Executive 12 Subject to partial * Other equivalent positions exemption $39,300 * Sales Representative (Retail) 11 Subject to partial * Residential Sales Consultant +++ * Retention Sales Representative +++ * Other equivalent positions $33.900 Reserved 10 $33,100 Reserved 9 $28,550 Reserved 8 $25,600 Reserved 7 $23,050 Reserved 6
~/~ The minimum rates prescribed for commission based Sales roles relate specifically to On Target Earnings (OTE) which includes Target Achievement Incentives. For the purpose of compliance with this Agreement, the minimum remuneration as determined from the relevant Optus Sales Plan shall not be less than 50% of the On Target Earnings rate specified above.
+++ Residential Sales Consultant or Retention Sales Representatives may, where they agree, be subject to a commission based remuneration structure providing minimum remuneration of less than 50% of the On Target Earnings (OTE) prescribed in this Agreement as adjusted annually.
ISSUE PREVENTION AND RESOLUTION
It is the policy of Optus to provide a productive, rewarding, enjoyable, safe and non-discriminatory work environment for its employees. This environment should be characterised by cooperation, mutual respect and open communications directly between management and employees.
This Clause sets out the procedures to be followed for preventing and settling disputes about matters arising under this Agreement between Optus and the employees covered by it.
All issues of concern should, in the first instance, be processed within the Optus employee relations environment.
1. An employee who anticipates or is experiencing a job related problem should in the first instance discuss it with his or her immediate supervisor or manager.
Managers are required to set aside the time necessary for a fair and open discussion.
Under no circumstances shall an employee be disadvantaged if they raise an issue for discussion.
When appropriate, managers, should investigate the facts, consider
any policies and practices that may be applicable and consult with
the Human Resources representative for independent advice as
required. The manger should give the employee a specific response
within a reasonable period of time.
2. If the problem is not resolved at this level, or if there is some reason why the problem cannot be discussed with the immediate supervisor, the employee is to take it to the next level manager or to their Human Resources representative. If it is deemed appropriate this may include the involvement of the appropriate Directors.
3. Should the above steps fail to resolve the issue, Optus acknowledges the employees right to raise the issue with the CEPU who will then, in the first instance seek discussions through direct consultation with Optus Human Resource management.
4. If these discussions are unsuccessful the matter can be either referred by Optus or the employee to an agreed private mediator or arbitrator, or failing agreement, as nominated by the Australian Industrial Relations Commission.
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