Award Modernisation
(AM2010/52)
TELECOMMUNICATIONS SERVICES AWARD 2010
[MA000041]
JUSTICE GIUDICE, PRESIDENT SENIOR DEPUTY PRESIDENT ACTON COMMISSIONER HAMPTON
MELBOURNE, 6 DECEMBER 2010
A. Further to the decision issued by Fair Work Australia on 5 November 2010 [[2010] FWAFB 8558] and pursuant to schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the above award is varied as follows:
1. By inserting the following definitions in clause 3.1 in alphabetical order:
Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
2. By renaming clause "13.5-Transitional provisions" as "13.5-Transitional provisions - NAPSA employees".
3. By inserting a new clause 13.6 as follows:
13.6 Transitional provisions - Division 2B State employees
(a) Subject to clause 13.6(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a Division 2B State award:
(i) that would have applied to the employee immediately prior to 1 January 2011, if the employee had at that time been in their current
circumstances of employment and no Division 2B State employment agreement or enterprise agreement had applied to the employee; and
(ii) that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.
(b) The employee's entitlement to redundancy pay under the Division 2B State award is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.
(c) This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.
(d) Clause 13.6 ceases to operate on 31 December 2014.
4. By inserting a new clause A.8 as follows:
A.8 Former Division 2B employers
A.8.1 This clause applies to an employer which, immediately prior to 1 January 2011, was covered by a Division 2B State award.
A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.
A.8.3 Subject to this clause, from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages, loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.
A.8.4 Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage, loading or penalty rate in this award, nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage, loading or penalty rate in this award.
A.8.5 Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage, loading or penalty rate in this award, nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage, loading or penalty rate in this award.
A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.
B. This determination comes into operation on the first full pay period commencing on or after 1 January 2011.
PRESIDENT
Telecommunications Services Award 2010
DETERMINATION
Fair Work Act 2009
s.158 - Application to vary or revoke a modern award
Australian Industry Group, The
(AM2010/235)
TELECOMMUNICATIONS SERVICES AWARD 2010
[MA000041]
Telecommunications services
VICE PRESIDENT LAWLER MELBOURNE, 23 NOVEMBER 2010
Application to vary award to include a schedule detailing a national training wage.
A. Further to the decision of 22 November 2010 [[2010] FWA 8933] and pursuant to s.160 of the Fair Work Act 2009, the Telecommunications Services Award 2010 is varied as follows:
1. By inserting the following in the Table of Contents:
"Schedule E-National Training Wage"
2. By renumbering existing clause 14.4 as clause 14.5 and replacing the title of that clause with "Apprentices".
3. By inserting a new clause 14.4 as follows:
"14.4 National Training Wage
(a) See Schedule E.
(b) Whereas Schedule E was inserted on 22 November 2010 but with effect from 1 January 2010, clause 14.4.1 and Schedule E do not take effect so as to require any employee engaged as a trainee to repay any wages paid in respect of the period 1 January 2010 to 22 November 2010 because the amount of the employee's legal entitlement to wages and wage related payments in that period was greater than the employee's entitlement to wages and wage related payments under Schedule E."
4. By inserting the following National Training Wage Schedule as Schedule E: