SERVICE STREAM SOLUTIONS / COMMUNICATION WORKERS UNION ENTERPRISE AGREEMENT 2011
Word Copy of Agreement
Status of Agreement
SERVICE STREAM SOLUTIONS / COMMUNICATION WORKERS UNION
ENTERPRISE AGREEMENT 2011
1. TITLE
2. DEFINITIONS
3. WHO IS BOUND BY THIS AGREEMENT AND WHAT IS ITS SCOPE
4. HOW LONG THIS AGREEMENT LASTS
5. RELATIONSHIP WITH OTHER AWARDS AND AGREEMENTS
PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT
6. FULL TIME EMPLOYEES
7. PART TIME EMPLOYEES
8. CASUAL EMPLOYEES
9. JUNIOR EMPLOYEES
10. PROBATIONARY PERIOD
11. QUALIFYING PERIOD
12. HOURS OF WORK
13. ROSTERING PRINCIPLES
14. OVERTIME
15. ALLOWANCES
16. UNPAID REST BREAKS
17. PAID REST BREAKS
18. PUBLIC HOLIDAYS
19. SUPERANNUATION
PART 3 - CLASSIFICATIONS
20. CLASSIFICATIONS
21. WAGE RATES
22. PAYMENT OF WAGES
PART 4 - LEAVE
23. ANNUAL LEAVE
24. PERSONAL LEAVE
25. PARENTAL LEAVE
26. LONG SERVICE LEAVE
PART 5 - TERMINATION AND REDUNDANCY
27. NOTICE OF TERMINATION
28. REDUNDANCY
29. STAND DOWN
30. SHUT DOWN
PART 6 -CONSULTATION AND DISPUTE RESOLUTION
31. CONSULTATION TERM - MAJOR WORKPLACE CHANGE
32. INDIVIDUAL FLEXIBILITY TERM
33. DISPUTE RESOLUTION
SCHEDULE
Schedule 1
This Agreement will be referred to as the Service Stream Solutions/Communication Workers Union Enterprise Agreement 2011 (S.E.A).
Act means the Fair Work Act 2009 (Cth).
Annual Leave Loading means an additional payment employees receive when taking paid annual leave. This is paid at 17.5% of ordinary time rate of pay. For the purpose of this agreement this loading is incorporated in the ordinary time rate of pay.
Award means the Contract Call Centres Award 2010.
Contract Call Centre means a call centre that has contracts with one or more customers (whose business is independent of Service Stream) to manage inbound and outbound calls and deliver customer services as specified by the customers in the contract.
Domestic partner has the meaning given in the Equal Opportunity Act 1995 (Vic).
Immediate family includes spouse (including a former spouse, a de facto spouse and a former de facto spouse), Domestic Partner, child or adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee.
Loading means a loading or penalty for work at a particular time or on a particular day.
Ordinary hours means the hours which Service Stream is entitled, under the terms of this Agreement, to roster an employee without payment of overtime.
Ordinary time rate of pay means the base hourly rate applicable to the employee's classification and tier (where relevant) inclusive of annual leave loading.
Related Bodies Corporate has the meaning given to that term in the Corporations Act 2001.
Service Stream means Service Stream Solutions Pty Ltd (ACN 112 410 358) a division of Service Stream Limited.
All references in this Agreement to the Australian Fair Pay Commission or Fair Work Australia shall be interpreted as including any body which, while this Agreement operates, performs the same or similar function.
3. WHO IS BOUND BY THIS AGREEMENT AND WHAT IS ITS SCOPE
3.1 This Agreement is binding on:
(a) Service Stream Solutions; and
(b) The Communications Workers Union division of the Communication, Electrical, Plumbing and Allied Services Union of Australia (CWU)
(c) Employees of Service Stream Solutions,
within the scope of the Agreement as specified in clause 3.2.
3.2 The scope of the Agreement is limited to all persons employed by Service Stream at any of its contract call centres located within Australia provided that the employees' principal function is to perform work that falls within the classifications set out in clause 20 of this Agreement.
4. HOW LONG THIS AGREEMENT LASTS
This Agreement will operate from seven days after the agreement is approved by Fair Work Australia with a nominal expiry date of 1 September 2015.
5. RELATIONSHIP WITH OTHER AWARDS AND AGREEMENTS
This Agreement sets out all the provisions and entitlements of the employees employed under terms and conditions of this Agreement. Items not contained within the Agreement will be referred to the relevant award. Where an inconsistency arises the agreement will take precedence.
PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT
6.1 Service Stream may employ full time employees in any of the classifications set out in this Agreement.
6.2 The ordinary hours of full time employees are 38 hours per week.
7.1 An employee may be engaged to work on a part time basis in any of the classifications set out in this Agreement. A part time employee is an employee who has reasonably predictable hours of work and who is engaged to work a lesser number of ordinary hours per week than a full time employee.
7.2 A part time employee may agree to work additional hours or shifts at the ordinary time rate of pay to a maximum of 38 hours per week.
7.3 The terms of this Agreement will apply to part time employees on a pro rata basis referable to the number of hours per week that the part time employee works.
8.1 Casual employees are employees other than full-time or part time employees who are engaged and paid as casuals.
8.2 Casual employees will be paid at the ordinary time rate of pay applicable under clause 21 and Schedule A to the employee's classification plus an additional loading of 25% which applies in lieu of the attributes of ongoing employment such as paid annual leave, paid personal leave and paid public holidays.
8.3 If, under the terms of this Agreement, a casual employee is entitled to any other loading which is higher than the casual loading set out at clause 8.2 above, the higher loading will be paid and will in that circumstance incorporate the casual loading.
8.4 Each casual engagement automatically terminates at the end of each period of engagement. Employment of a casual employee may be terminated by a minimum of 1 hour's notice, given by either Service Stream or the employee, or by the payment or forfeiture of 1 hour's wage.
8.5 A casual employee may be eligible to nominate for a permanent position following the completion of 9 months of employment. At this time the employee can nominate to be considered for any available permanent position.
9.1 Junior employees are employees who are under the age of 18 years. These employees are required to have parental or guardian consent / agreement prior to entering into any contract of employment
9.2 Junior employees are paid a percentage of adult wages based on their age:
Age Percentage of Adult Wage 15 years 50% 16 years 60% 17 years 70% 18 years and over 100%
10.1 New full time or part time employees engaged by Service Stream will be subject to a probationary period of 3 months of service.
10.2 The employee will be advised in writing in advance that the employment is probationary.
10.3 During the probationary period of employment, either Service Stream or the employee may terminate the employment by giving 7 days notice in writing. Service Stream may, at its discretion, pay one week's pay in lieu of notice or a combination of notice and pay in lieu of notice.
10.4 If an employee terminates his or her employment without giving the notice specified in clause 10.3 above, Service Stream has the right to withhold monies due to the employee equal to one week's pay.
10.5 "One week's pay" for the purposes of clauses 10.3 and 10.4 shall be calculated based upon the average weekly earnings for the duration of the probationary period.
10.6 Probationary employment forms part of an employee's period of continuous service except where otherwise specified in this Agreement.
11.1 The qualifying period provided for in the Act will also be applied. This extends to the first six months of employment and will equate to an additional three months beyond the probationary period. The qualifying period allows an additional amount of time for Service Stream to assess an employee's suitability to the role.
11.2 Between three and six months of employment either Service Stream or the employee can terminate the employment by giving two weeks notice. Service Stream may make a payment in lieu of notice, in whole or in part.
12.1 Ordinary hours of work for a full time employee are 38 hours per week.
12.2 Day Work Rostering and Other Arrangements
Day Workers - that is, all employees other than those specifically designated in writing by Service Stream as shift workers - attract the following loadings for work during periods of ordinary time worked as follows:
(a) For work Monday to Friday before 6am or after 8pm - 25% only for such hours;
(b) For work on Saturdays - 25% for all time worked;
(c) For work on Sundays before 7am or after 7pm - 75% only for such hours;
(d) For work on Sundays between 7am and 7pm - 50% for all time worked
12.3 The loadings in sub-clauses 12.2 do not operate when overtime rates are applicable or on public holidays.
12.4 Shift Work
12.5 An employee qualifies for the shift worker annual leave entitlement if:
(a) the employee:
(i) works in on a campaign where shifts are continuously rostered 24 hours a day for 7 days a week; and
(ii) is regularly rostered to work those shifts; and
(iii) regularly works on Sundays and public holidays; or
(b) the employee is in a class of employees prescribed by the regulations as shift workers for the purposes of the National Employment Standards
12.6 Employees designated as Shift Workers attract the following loadings when working Monday to Friday:
(a) For an afternoon shift, i.e. one finishing after 8pm and at or before midnight, a 15% loading for the whole shift.
(b) Subject to (c), for a night shift, i.e. one finishing after midnight and at or before 9am, a 15% loading for the whole shift.
(c) For a night shift:
(i) in a period of engagement on shifts consisting only of night shifts, or which consist of night shifts for a consecutive period of at least 4 weeks; or,
(ii) in a period of night shifts which do not rotate with afternoon and day shifts so as to give the employee at least a third of the working time off night shift on each cycle of shifts,
a loading of 30% for the whole shift.
12.7 Employees designated in writing by Service Stream as Shift Workers attract the following loadings when working on Saturdays and Sundays:
(a) For work on Saturdays - 25%;
(b) For work on Sundays before 7am or after 7pm - 75%;
(c) For work on Sundays between 7am and 7pm - 50%;
(d) For a night shift:
(i) in a period of engagement on shifts consisting only of night shifts, or which consist of night shifts for a consecutive period of at least 4 weeks; or,
(ii) in a period of night shifts which do not rotate with afternoon and day shifts so as to give the employee at least a third of the working time off night shift on each cycle of shifts,
(iii) a loading of the higher of 30% for the whole shift or the rate otherwise applicable under this clause 11.6.
12.8 The loadings in sub-clause 12.4 and 12.5 do not operate when overtime rates are applicable or on public holidays.
General
12.9 Where two or more loadings specified in this clause or elsewhere in this Agreement simultaneously apply, employees will receive only the higher loading and the other will be, to the extent necessary, absorbed.
12.10 In spite of anything else in this clause, where an employee commences work 5 minutes or more after the nominated start time and, as permitted by clause 21- wage rates, Service Stream exercises its discretion to permit the employee to work extra time at the conclusion of the period of work (or at the commencement or conclusion of another rostered period of work), the employee will not be entitled to any loading on top of the ordinary time rate of pay for the time made up in this way.
12.11 Service Stream may require an employee, for operational reasons, to change from being a shift worker to being a day worker upon 28 days notice in writing.
12.12 Service Stream may require an employee, for operational reasons, to change from being a day worker to being a shift worker upon 7 days notice in writing
12.13 An employee who is required by Service Stream to change to or from being a day worker or shift worker under this clause may raise a concern of a significant nature about its effects on the employee due to personal or family commitments. In this event, Service Stream must consider the employee's concerns. In particular, Service Stream must consider, where raised by the employee, issues of financial commitments, work life balance, personal commitments, child care arrangements and hardship. If, after such consideration, Service Stream confirms the requirement, the employee may access the provisions of clause (ref dispute resolution).
13.1 Service Stream may roster employees to work up to 38 hours in a 1 week roster cycle. The maximum ordinary hours on any one shift will be 10.5 hours as per the Award.
13.2 Except by agreement with an individual employee, the rostered ordinary hours of a full-time employee will allow for 2 consecutive days free of duty each week.
13.3 Part time employees will be rostered for a minimum of three (3) consecutive hours on any shift.
13.4 Casual employees will be engaged for a minimum of three (3) consecutive hours per shift.
13.5 Service Stream may, at its discretion, change:
13.6 Service Stream may vary an employee's rostered hours on less than 7 days notice by agreement with the individual employee.
13.7 Employees may swap shifts or periods of work subject to the agreement of Service Stream.
14.1 Overtime will be paid in the following circumstances:
14.2 Overtime worked Monday to Saturday will be paid at the rate of time and one half for the first three (3) hours and double time after that. Overtime worked on a Sunday will be paid at the rate of double time.
14.3 The rates prescribed in this clause are calculated on the ordinary time rate of pay. They absorb loadings otherwise provided for such as in clause 12 (Hours of work) and clause 17 (Public Holidays).
14.4 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
The following allowances will be paid during the term of this Agreement:
15.1 Motor Allowance - An employee who is required to use his or her own vehicle to carry out Service Stream business will be paid a mileage allowance of $0.74 per kilometre as per the Award.
15.2 First Aid Allowance - A first aid allowance of $13.31 per week will be paid to an employee who has been trained to give first aid; is the current holder of appropriate first aid qualifications and is appointed by Service Stream to perform first aid duty.
15.3 Health & Safety Committee Member Allowance - An allowance of $11.75 per week will be paid to an employee who has been elected as a Health & Safety Representative and is currently performing this role.
15.4 Meal Allowance - A meal allowance of $11.94 will be paid when an employee works in excess of four (4) hours overtime on a day unless:
15.5 Telephone Allowance - Where an employee does not have a telephone, modem or broadband connection and, at the written request of the employer, the employee is required to have such equipment, the employer must reimburse the reasonable costs of purchase, installation and rental;
15.6 Safe Travel Allowance - If an employee works overtime or at a time when they are not regularly rostered on and this causes the employee to finish work at a time when public transport is not reasonably available, Service Stream will either, at Service Stream's discretion, provide the employee with transport home or reimburse the employee for the expense of a taxi fare.
15.7 Reimbursement of work related expenses - Service Stream will reimburse all reasonable pre-approved out of pocket expenses incurred by an employee in connection with work at Service Stream provided that the expenses are properly authorised by Service Stream in writing and the employee produces verification of payment on request by Service Stream. This reimbursement can include reasonable costs incurred as part of relocation at the request of the business. Service Stream at its discretion may provide financial support to employees who relocate of their own accord.
15.8 Team Leader Higher Duties - this allowance of $2.50 per hour is payable in the event that an employee is requested to temporarily fulfil the role of a team leader. This applies when the employee fulfils higher duties for more than four hours of their designated shift. This allowance will also be payable for team leaders in training.
15.9 The above allowances are the only allowances recognised and paid by Service Stream.
An employee will not be required to work for more than five consecutive hours without a meal break. The meal break is unpaid and must be for a minimum of 30 minutes and up to a maximum of 60 minutes. The length of the break is determined by Service Stream.
Employees are entitled to paid rest breaks as follows:
Permanent Employees are entitled to paid leave for all public holidays, as gazetted in their State of residence, including holidays generally adhered to in their local area.
18.1 Day off falling on a public holiday
18.2 Entitlement to pay for a public holiday not worked
18.3 Payment for work performed on a public holiday
Work performed on a public holiday by an employee will be paid at a rate of two and a half times the employee's ordinary time rate of pay with a minimum payment for 3 hours. This loading will only apply to time that is worked on the actual public holiday day (ie. midnight to midnight). The rate prescribed in this clause is calculated on the ordinary time rate of pay. It absorbs loadings otherwise provided for such as in clause 11 (Hours of work) and clause 13 (Overtime).
18.4 Leave of absence
The entitlement to be paid in respect of a public holiday will not apply to an employee during any period of unpaid leave.
19.1 Superannuation legislation
The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of complaints) Act 1993 (superannuation guarantee legislation). The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties to this Agreement.
Notwithstanding 19.1, the following provisions will also apply:
19.2 Definitions
(a) The Fund for the purposes of this clause shall mean:
(b) Subject to the superannuation guarantee legislation, Ordinary time earnings for the purposes of this clause, means:
19.3 Ordinary time earnings does not include bonuses, commission, payments for overtime or other payments, remuneration or allowances.
19.4 Employer contributions
Service Stream must contribute to the Fund in respect of each employee such contributions as are required in order to avoid superannuation guarantee shortfall arising under superannuation guarantee legislation.
19.5 Voluntary employee contributions
19.6 Absence from work
Subject to the governing rules of the Fund, contributions will continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, compassionate leave or other paid leave. Contributions are not required in respect of periods for which there is no entitlement to payment of wages.
20.1 Level 1
An employee at this level will predominantly:
Indicative tasks
The following tasks are indicative of those performed by an employee at this level:
20.2 Level 2
A Level 2 employee will typically work on 1 project with limited decision making authority and will work within clearly defined boundaries.
A Level 2 employee will predominantly perform a prescribed range of functions involving known routines and procedures and some accountability for the quality of outcomes. Such an employee will:
Indicative tasks
An employee at this level would normally perform the following indicative tasks:
An employee at this level would also normally perform some of the following indicative tasks:
20.3 Level 3
A Level 3 employee will typically work on 1-2 projects with limited decision making authority and will work within clearly defined boundaries.
A Level 3 employee will predominantly perform a prescribed range of functions involving known routines and procedures and some accountability for the quality of outcomes. Such an employee will:
Such an employee provides at least one specialised service to customers such as sales and advice for products or services, complaints or fault enquiries or data collection for surveys.
Indicative tasks
An employee at this level would normally perform the following indicative tasks:
An employee at this level would also normally perform some of the following indicative tasks:
20.4 Level 4
A Level 4 employee will typically work on 2-3 projects with moderate decision making authority and will work within guidelines.
A Level 4 employee will predominantly perform a defined range of skilled operations, usually within a range of broader related activities involving known routines, methods and procedures, where some discretion and judgment is required in the selection of equipment, services or contingency measures and within known time constraints. Such a person will:
An employee at this level performs a number of functions within a customer contact operation requiring a diversity of competencies including:
Indicative tasks
An employee at this level would normally perform the following indicative tasks:
An employee at this level would also normally perform some of the following indicative tasks:
20.5 Level 5
A Level 5 employee will typically work on 4 or more projects with moderate decision making authority or 1 project with wide decision making authority. A Level 5 employee will also work within specified guidelines.
A Level 5 employee will predominantly perform a defined range of skilled operations, usually within a range of broader related activities involving known routines, methods and procedures, where some discretion and judgment is required in the selection of equipment, services or contingency measures and within known time constraints. Such a person will:
An employee at this level performs a number of functions within a customer contact operation requiring a diversity of competencies including:
Indicative tasks
An employee at this level would normally perform the following indicative tasks:
An employee at this level would also normally perform some of the following indicative tasks:
20.6 Level 6
A Level 6 employee will typically work on 1 project primarily focused on one of the following areas:
A Level 6 employee will predominantly perform a defined range of skilled operations, usually within a range of broader related activities involving known routines, methods and procedures, where some discretion and judgment is required in the selection of equipment, services or contingency measures and within known time constraints. Such a person will:
An employee at this level performs a number of functions within a customer contact operation requiring a diversity of competencies including:
Indicative tasks
An employee at this level would normally perform the following indicative tasks:
An employee at this level would also normally perform some of the following indicative tasks:
20.7 Level 7
A Level 7 employee will typically work on 2 - 3 projects primarily focused on one of the following areas:
A Level 7 employee will predominantly perform a broad range of skilled applications and provide leadership and guidance to others in the application and planning of the skills. Such an employee will:
The employee works with a high degree of autonomy with authority to take decisions in relation to specific customer contact matters and provides leadership as a coach, mentor or senior staff member.
An employee at this level performs a number of functions within a customer contact operation requiring a diversity of competencies including:
20.8 Interpretation
The indicative tasks set out in this clause are aligned to the units of competency in the Information Technology and Telecommunications Industry Training Advisory Board's endorsed customer contact competency standards in the Telecommunications Training Package (ICT2002). In the event of a dispute over the meaning of the indicative tasks the relevant standards will be used to assist interpretation.
21.1 An employee will be paid for service the hourly wage rate for the applicable classification, and tier where relevant, set out in Schedule A (as adjusted from time to time in accordance with this clause).
21.2 Wages shall be increased in accordance with Schedule A. Should the Award rate underpinning the agreement become in excess of the rates specified in Schedule A, the applicable rate under the Award shall apply.
21.3 Loadings payable to an employee under this Agreement will be calculated, and paid, on the relevant wage rate specified in Schedule A, as applicable.
21.4 Higher duties - An employee engaged for more than 4 hours during one rostered period of work on duties covered by a classification within the scope of this Agreement carrying a higher rate than that of his or her ordinary classification will be paid the higher rate for the rostered period of work.
22.1 Wages will be paid fortnightly.
22.2 Payment of wages will be made by way of direct payment into the employee's nominated bank account.
22.3 Service Stream may, at its absolute discretion, require an employee to submit an authorised timesheet prior to the payment of wages.
22.4 Absence from work
For the avoidance of doubt, unless a provision of this Agreement or the Act states otherwise, an employee not attending for duty or not performing work as directed will lose pay for the actual time of such non-attendance or non-performance.
22.5 Disruption to work
Service Stream has the right to deduct payment for any time the employee cannot be usefully employed because of any failure in equipment or facilities or any stoppage of work by any cause for which Service Stream cannot reasonably be held responsible. Wherever practicable, Service Stream and employees will consult to endeavour to make arrangements to avoid or mitigate loss of pay.
23.1 Entitlement to annual leave
(a) A full time employee is entitled to 20 days paid annual leave per annum. Annual leave accrues on a pro-rata basis and is credited each month.
(b) A part time employee, is entitled to 20 days paid annual leave per annum pro rata, based on hours worked. Annual leave accrues on a pro-rata basis and is credited each fortnight.
(c) Employees advised in writing by Service Stream that they are shift workers will be entitled to an additional week of annual leave.
23.2 Payment for annual leave
(a) The pay rate for annual leave is a sum equal to the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave calculated on the basis of the employee's classification and, where applicable, tier, at the time the leave is taken.
(b) The hourly wage rate is inclusive of any applicable annual leave loading.
23.3 Taking annual leave
Annual leave will be taken in line with Service Stream's company Leave Policy and may change from time to time. Employees will be advised of any changes made to the Leave Policy prior to the changes come into affect.
23.4 Cashing out annual leave
(a) After 12 months of continuous service, an employee may, in circumstances of personal financial hardship, make a written request to receive a payment in lieu of an amount of his or her accrued annual leave up to a maximum of 2 weeks. This is conditional provided that they remaining balance after the leave is deducted is a minimum of 4 weeks.
(b) Approval of such requests for payment in lieu of annual leave will be at Service Stream's Human Resources department's discretion. Should the written request by approved, this will be confirmed in writing to the employee.
(c) Any payment made to an employee under this clause will be equal to the employee's ordinary time rate of pay and the employee's accrued annual leave balance will be reduced accordingly.
23.5 Absence from work
Employees will not accrue annual leave during any period of unpaid leave of absence.
24.1 Entitlement to sick leave
(a) Personal leave incorporates sick leave and paid carer's leave.
(b) Employees (other than casuals) are entitled to paid personal leave equivalent to 10 days per annum. This is pro rata for part time employees.
(c) Personal leave is paid at the ordinary time rate of pay.
(d) No personal leave will be paid out upon termination of employment.
(e) An employee's entitlement to sick leave is conditional upon the employee, at the first available opportunity prior to commencement of the shift or otherwise as soon as reasonably practicable:
24.2 Unpaid sick leave
(a) If an employee exhausts his or her paid sick leave entitlement, he or she may request unpaid sick leave. Paid annual leave cannot be used for this purpose except with the approval of Service Stream Human Resources in exceptional circumstances.
(b) Periods of unpaid sick leave do not break an employee's continuity of service under a three (3) month period, however this period does not count as service for the purposes of annual leave, personal leave or long service leave accruals.
(c) A medical certificate must be provided in support of each absence on unpaid sick leave.
24.3 Entitlement to carer's leave
Permanent employees are entitled to paid carer's leave to provide care or support to a member of his or her immediate family or household who requires care or support because of an illness, injury or unexpected emergency. Service Stream may require a medical certificate or statutory declaration which establishes the employee's entitlement to carer's leave.
(b) If an employee has exhausted his or her entitlement to paid personal leave, he or she may take up to 2 days unpaid carer's leave for each occasion that he or she is required to provide care and support for an ill or injured immediate family or household member or because of an unexpected emergency affecting the family or household member.
(c) The notice and evidentiary requirements for paid carer's leave also apply to unpaid carer's leave.
(d) Casual employees have an entitlement to unpaid carer's leave.
24.4 Entitlement to compassionate leave
(a) Permanent employees are entitled to a maximum of two (2) days paid leave for each occasion when a member of the employee's immediate family or household contracts or develops an illness, or sustains an injury, which, in either case, poses a serious threat to his or her life or dies. Compassionate leave is paid at the ordinary time rate of pay.
(a) Compassionate leave can be taken as 2 consecutive days or in single days or in any separate periods as agreed between you and Service Stream.
(b) Service Stream may require reasonable evidence of the illness, injury or death of the member of the employee's immediate family or household.
(c) Casual employees are entitled to a maximum of two (2) day unpaid leave for each occasion when a member of the employee's immediate family or household contracts or develops an illness, or sustains an injury, which, in either case, poses a serious threat to his or her life or dies.
24.5 Fitness for duty
(a) If an employee is absent from work and it appears, in the opinion of Service Stream, that the employee's health or well-being is impaired to an extent that it could substantially affect the employee's ability to fulfil the inherent requirements of his or her position, Service Stream may request the employee consult a medical practitioner, or other relevant health professional, designated by Service Stream to provide a report to Service Stream.
(b) If requested by Service Stream to attend for a consultation with a medical practitioner or other health professional designated by Service Stream, an employee will be entitled to attend for such a consultation during his or her rostered hours of work.
(c) Service Stream will pay for or reimburse the costs associated with the consultation. Service Stream will pay for or reimburse the costs of travel to the consultation where medical practitioner or health professional designated by Service Stream is not within the immediate vicinity.
(d) Sub-clauses 24.5 (b) and 24.5 (c) will only apply where an employee attends a consultation at Service Stream's request and with a medical practitioner or health professional designated by Service Stream.
25.1 Employees of Service Stream are entitled to unpaid maternity, paternity and adoption leave in accordance with the National Employment Standards.
25.2 Full time and part time employees with at least 12 months continuous service with Service Stream are entitled to five days paid parental eave. Paid parental leave is paid at the ordinary time rate of pay.
25.3 For all other items in relation to Parental Leave, refer to Leave Policy.
Long service leave entitlements will accrue, and be taken, in accordance with the provisions of applicable Federal, State or Territory legislation.
PART 5 - TERMINATION AND REDUNDANCY
27.1 Notice of termination by Service Stream
Other than during a probationary period, in order to terminate the employment of a full-time or part-time employee Service Stream must give to the employee the following notice:
27.3 All other items relating to notice of termination are as per the National Employment Standards.
27.4 Notice of termination by an employee
(a) The notice of termination required to be given by an employee is the same as that required of Service Stream (and set out in sub-clause 27.1 above), except that there is no requirement for an employee to give additional notice based on the age of the employee concerned (as set out in sub-clause 27.2 above).
(b) An employee may make a request, in writing, for Service Stream to waive the required period of notice and payment in lieu of notice. Approval of such requests will be at the sole discretion of Service Stream.
27.5 Abandonment of employment
(a) The absence of an employee from work for a continuous period exceeding 3 working days without the consent of, or notification to, Service Stream shall be prima facie evidence that the employee has abandoned employment.
(b) Where an absence of the type specified in sub-clause (a) has occurred, Service Stream may write to the employee by ordinary mail at his or her last known address advising that if a satisfactory reason for the absence is not notified to Service Stream within 14 days of the date of the letter, and Service Stream's consent to the absence obtained, the employee will be treated as having abandoned the employment and brought it to an end as from the last attendance at work or the date of the last absence in respect of which notification was given to Service Stream, or its consent obtained, whichever is the later.
(c) If within a period of 14 days of posting by Service Stream of the letter referred to in sub-clause (b), the employee has not established to the satisfaction of Service Stream that the absence is for a reasonable cause, the employee shall be deemed to have abandoned employment.
(d) Termination of employment by abandonment in accordance with this clause operates as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to Service Stream, whichever is the later.
27.6 Return of property
(a) Upon cessation of employment, or at any other time upon request by Service Stream, an employee must return to Service Stream all property belonging to Service Stream or clients of Service Stream (including, but not limited to, cards, keys, motor vehicles, equipment, outstanding funds and materials) that the employee has, or can reasonably obtain. Such property includes anything on which information is recorded, for example, documents, computer disks and computer records.
(b) Service Stream may deduct from any moneys due to the employee at or upon termination of employment the value of any property the employee fails to return in accordance with this clause or the value of any damage incurred by the employee to property belonging to Service Stream or clients of Service Stream. This may include deductions from any accrued leave entitlements.
28.1 Definition
Redundancy provisions are as per the National Employment Standards
28.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer's option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
28.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
28.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they
(c) will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(d) This entitlement applies instead of clause 14.3.
28.5 Alternative employment
An employee will not be considered redundant, and Service Stream will not be liable to make any severance payment under this clause 28, where:
(a) Service Stream obtains other employment for an employee with Service Stream or a related body corporate; or
(b) Service Stream obtains suitable alternative employment for an employee outside of Service Stream
Service Stream shall have the right to deduct payment for any day an employee cannot be usefully employed because of any strike or through any breakdown in equipment or any stoppage of work by any cause for which the Company cannot reasonable be held responsible.
The employee will be given guidance as to the potential period of stand down. The employee will be updated on a weekly basis should the stand down exceed initial expectations.
Service Stream may temporarily shut down the workplace during slow business periods which may include between Christmas and New Year.
In such instances, employees will be provided with a minimum of two` weeks notice and will be able to access their paid annual leave should they choose to do so. If an employee has exhausted their paid annual leave entitlement, the period of the closure will be considered unpaid leave.
Shut down's outside the Christmas and New Year period will attract an additional two weeks notice.
PART 6 -CONSULTATION AND DISPUTE RESOLUTION
31. CONSULTATION TERM - MAJOR WORKPLACE CHANGE
31.1 Employer to notify
(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(b) Significant effects include termination of employment; major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
31.2 Employer to discuss change
(a) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 31.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(b) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 31.1.
(c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer's interests.
32. INDIVIDUAL FLEXIBILITY TERM
32.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
32.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
32.3 The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; an
(d) includes details of:
(e) states the day on which the arrangement commences.
32.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
32.5 The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing - at any time
In the event of a dispute arising in the workplace relating to this agreement or the application of the NES, the following actions may be taken, in order, to resolve the dispute. This procedure is not applicable in situations where an Employee's employment has been terminated by the Company.
(a) The Employee raises a grievance with his/her direct supervisor.
(b) If the matter is unresolved at the initial meeting then the next level manager will become involved for further discussions.
(c) If the Employee feels that the matter remains unresolved after the second meeting, the Employee must submit his/her grievance in writing and address it to his/her relevant Operations Manager. Following this the Operations Manager will hold further discussions with the Employee.
(d) Should the matter continue to be unresolved, the Human Resources representative must be requested to investigate the situation and hold further discussions. Following this the Human Resources representative will make a determination on the outcome of the dispute.
(e) If the Employee feels that the matter has not been resolved to his/her satisfaction, he/she may request that the matter be referred to an independent mediator. The Employee must give written notice to the Human Resources representative within 14 days of the determination by the Human Resources representative, citing the areas in which he/she feels the matter has not been satisfactorily resolved. The Human Resources representative will organise a suitable time for the matter to be referred to an independent mediator.
(f) Should this matter still be unresolved following mediation it will be referred to Fair Work Australia, who will deliver a decision which both parties will abide by. This will cease the dispute resolution procedure.
33.1 The Employee and the Company agree to attempt to resolve any dispute as promptly as possible. The Employee has 14 days between each level of discussion with which to raise objections and make a claim for further discussions. Failure to notify the Company within this 14 day window will result in the matter being deemed as resolved and closed for further discussion.
33.2 The employee may nominate a representative at any time to assist in the dispute resolution process.
SIGNED for and on behalf of Service Stream Solutions Pty Ltd (ACN 112 410 358) and witnessed by:
SIGNED by , as an employee representative of Service Stream Solutions Pty Limited (for the purpose only of the Fair Work Act) and a person bound by this Agreement and witnessed by:
Rates at Commencement of Agreement
Classification
Full Time Hourly Base Rate (Ex Annual Leave Loading) Full Time Hourly Leave Loading Amount Hourly Wage Rate (Including Annual Leave Loading) Casual Hourly Rate
Rates at 1 July 2013
Classification Full Time Hourly Base Rate (Ex Annual Leave Loading) Full Time Hourly Leave Loading Amount Hourly
Wage Rate Casual Hourly Rate
(a) an employee's rostered hours on 7 days notice; or
(b) an employee's particular shift via agreement with the employee.
(c) An employee who is required by Service Stream to change rostered hours or a shift under this sub-clause may raise a concern of a significant nature about its effects on the employee due to personal or family commitments. In this event, Service Stream must consider the employee's concerns. In particular, Service Stream must consider, where raised by the employee, issues of financial commitments, work life balance, personal commitments, child care arrangements and hardship. If, after such consideration, Service Stream confirms the requirement, the employee may access the provisions of clause (ref dispute resolution).
(a) In the case of a full time employee, where the employee works in excess of 38 hours a week;
(b) In the case of a part time employee, where the employee works in excess of 38 hours a week;
(c) Where an employee starts work without a 10 hour break from his or her previous shift or period of work.
(a) any risk to employee health and safety;
(b) the employee's personal circumstances including any family responsibilities;
(c) the needs of Service Stream;
(d) the notice (if any) given by Service Stream of the overtime and by the employee of his or her intention to refuse it; and
(e) any other relevant matter.
(a) the employee was notified the previous day or the previous shift or work period of the requirement to work such overtime.
(b) An employee must seek pre-approval from his or her manager for the payment of the meal allowance and claim the meal allowance on the timesheet the employee completes for the relevant overtime period.
(a) Where an employee makes telephone calls in connection with the business on their private telephone at the direction of the employer, the employer must reimburse the cost of such calls.
(b) Where an employee is requested by the business to work from home and is required to utilise their personal computer and internet, the employee with receive an allowance to the value of $15 per day for internet and computer.
(a) If the employee's shift or work period is between 4 hours and less than 7.5 hours - one 15 minute paid rest break;
(b) If the employee's shift or work period is for 7.5 hours or longer - two 15 minute paid rest breaks.
(d) The employee will be entitled to an additional 20 minute paid rest break after each 4 consecutive hours of overtime worked.
(e) The scheduling of breaks will be determined by management, in consultation with employees.
(a) Where the employee's normal rostered hours fall on a gazetted Public Holiday, the employee is entitled to the base rate of pay for ordinary hours of work on the day or part day.
(b) Should the gazetted public holiday fall on a day where the employee is not normally rostered, they will not be entitled to payment for the day or part day.
(a) An employee absent on the working day before or the working day after a public holiday without reasonable excuse (proof of which will be on the employee), or without the consent of the employer will not be entitled to payment for such holiday.
(b) Service Stream at its discretion, may advise a part time employee, that they are not required to work on said public holiday. The employee is entitled to payment if the public holiday falls on a day which is regularly worked.
(i) ASGARD or Australian Super or Care Super (or any their successors) or any other fund as determined by the Service Stream Superannuation Committee; or
(ii) Any fund that Service Stream was contributing to as at the date of becoming bound by this Agreement, provided that the level of contributions satisfies the requirements under this Agreement.
(iii) Service Stream is not required to contribute to more than one fund in respect of an employee employed under this Agreement.
(i) The applicable classification (and, where relevant, tier) wage rate under this Agreement;
(ii) loadings which the employee earns for working ordinary hours of duty; and
(iii) casual loading in respect of casual employees.
(a) Subject to statutory requirements, an employee may make additional contributions to the Fund.
(b) An employee who wishes to make additional contributions must authorise Service Stream in writing to make deductions from the employee's wages and make payments into the Fund in accordance with the Fund Trust Deed and Rules.
(c) Once authorisation from an employee is given, Service Stream must begin making payments into the Fund within thirty (30) days.
(d) Employees may adjust the level of voluntary employee contributions on the first of July each year. Service Stream may agree to allow an employee to vary their additional contribution at other times.
Such an employee provides at least one specialised service to customers such as sales and advice for products or services, complaints or fault enquiries or data collection for surveys.
i. notifying his or her Manager/Team Leader (or the person the employee is directed to call in circumstances of personal leave) by telephone (but not by mobile phone text message or email) of the proposed absence on sick leave and the expected duration of the absence; and
ii. if the employee is absent for two or more consecutive days, the employee must provide a medical certificate. Service Stream may request a medical certificate or statutory declaration for single day absences.
iii. The employee is to complete a leave form within 3 days of returning to work following absence for sick leave.
Period of service Period of notice
Up to the completion of 3 years 2 weeks
Over 3 years and up to the completion of 5 years 3 weeks
Over 5 years of completed service 4 weeks
27.2 In addition to the notice in 27.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional 1 week notice.
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
Signature Signature of witness
Name Name
Position/Authority to sign Agreement
Address:
Signature Signature of witness
Name Name
Address
Level 1 $16.57 $0.22 $16.79 $20.99
Level 2 $17.14 $0.23 $17.37 $21.71
Level 3 $18.06 $0.24 $18.30 $22.88
Level 4 $18.30 $0.24 $18.54 $23.18
Level 5 $18.61 $0.25 $18.86 $23.58
Level 6 $19.71 $0.27 $19.98 $24.98
Level 7 $20.11 $0.27 $20.38 $25.48
Rates at 1 July 2012
Classification Full Time Hourly Base Rate (Ex Annual Leave Loading) Full Time Hourly Leave Loading Amount Hourly Wage Rate Casual Hourly Rate
Level 1 $17.15 $0.23 $17.38 $21.72
Level 2 $17.74 $0.24 $17.98 $22.47
Level 3 $18.69 $0.25 $18.94 $23.68
Level 4 $18.94 $0.25 $19.19 $23.99
Level 5 $19.26 $0.26 $19.52 $24.40
Level 6 $20.40 $0.28 $20.68 $25.85
Level 7 $20.81 $0.28 $21.09 $26.37
Level 1 $17.75 $0.24 $17.99 $22.48
Level 2 $18.36 $0.25 $18.61 $23.26
Level 3 $19.35 $0.26 $19.60 $24.50
Level 4 $19.60 $0.26 $19.86 $24.83
Level 5 $19.93 $0.27 $20.20 $25.25
Level 6 $21.12 $0.28 $21.40 $26.75
Level 7 $21.54 $0.29 $21.83 $27.29
 | Telecom |