STRATOS LAND EARTH STATION ENTERPRISE AGREEMENT 2011
PDF Copy of Agreement
Status of Agreement
PART A-ADMINISTRATION 1 TITLE 2 DEFINITIONS 3 APPLICATION PARTIES TO AGREEMENT AND PERSONS BOUND 4 DATE AND PERIOD OF OPERATION 5 RELATIONSHIP TO AWARDS 6 DISPUTE RESOLUTION PROCEDURE PART B -EMPLOYMENT AT STRATOS 7 CONTRACT OF EMPLOYMENT 8 TERMINATION OF ENWLOYMENT 9 JOB LOCATION 10 STAND DOWN OF EMPLOYEES 11 INDIVIDUAL FLEXIBILITY 12 CONSULTATION REGARDING WORKPLACE CHANGE PART C -HOURS OF WORK 13 ORDINARY HOURS 14 SHIFT WORK 15 CHANGE OF SHIFTIROSTERED HOURS 16 NON STANDARD HOURS 17 BREAKS 18 OVERTIME PARTD-WAGES AND ALLOWANCES 19 MINIMUM SALARY LEVELS 20 CLASSIFICATONS 21 SUPERANNUATION 22 HIGHER DUTIES 23 SITE ALLOWANCE 24 ON-CALL ALLOWANCE 25 UNPLANNED/EMERGENCY WORK ALLOWANCE 26 UNPLANNED EMERGENCY CALL ALLOWANCE 27 MOTOR VEHICLE ALLOWANCE PART E -LEAVE ENTITLEMENTS 28 ANNUAL LEAVE 29 PERSONAL/CARERS LEAVE 30 COMPASSIONATE LEAVE 31 PUBLIC HOLIDAYS 32 LONG SERVICE LEAVE 33 JURY DUTY 34 ACCIDENT PAY PART F -SCHEDULES SCHEDULE 1-REDUNDANCY SCHEDULE 2 -COMMENCEMENT OF TRANSFERRING EMPLOYEES SIGNATURES
1.1 This agreement shall be known as the Stratos Land Earth Station Enterprise Agreement 2011.
2.1 FWAct means the Fair Work Act 2009.
2.2 FWA means Fair Work Australia.
2.3 NES means the National Employment Standards.
2.4 Employee means an Employee of Stratos B.V. whose employment is subject to this agreement.
2.5 Non Standard Hours means hours ofwork which are not rostered ordinary hours of work.
2.6 Company Policy means the relevant policy of Stratos as varied from time to time. Company policies are not incorporated into this agreement.
2.7 Transferring Employee means an Employee who on or at 9 October 2001 was an Employee ofTelstra seconded to Xantic B.V. References to 'Employee' include a 'Transferring Employee'.
2.8 Transfer Date means (subject to Clause 1 of Schedule 2) the date a Transferring Employee commenced employment with Telstra and is the date which Stratos will apply for calculating Long Service Leave and redundancy entitlements in respect of a Transferring Employee.
2.9 Stratos means Stratos B.V. (Previously XANTIC B.V. trading as Stratos).
3. APPLICATION -PARTIES TO AGREEMENT AND PERSONS BOUND
3.1 The parties to this agreement are:
a) Stratos B.V. (ABN 67 092 596 480) ;
b) The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); and c) The Community and Public Sector Union (CPSU).
3.2 This agreement shall apply to those Employees of Stratos engaged in any of the classifications specified in this Agreement working at its Earth Station facilities (or customer's facilities) in Western Australia.
4. DATE AND PERIOD OF OPERATION
4.1 This agreement shall operate on the seventh day after it is approved by FWA.
4.2 The nominal expiry date of this Agreement shall be 31 March 2014. However this Agreement shall continue to operate beyond the nominal expiry date until it is replaced or terminated in accordance with the FW Act.
4.3 Should any provision of this agreement be deemed to be unenforceable for any reason, the parties will meet to discuss the effect that this will have on the operation ofthe agreement.
4.4 Legislation (including the National Employment Standard) referred to m this agreement IS not incorporated into the agreement.
4.5 A copy of this agreement and the NBS shall be posted on a noticeboard or other conspicuous location at each home station to which this agreement applies.
5.1 It is the intention of the parties that this agreement will govern all terms and conditions of employment for the Employees covered by this agreement and will operate to the exclusion of any provision of any award or industrial instrument.
6. DISPUTE RESOLUTION PROCEDURE
6.1 Stratos aims to provide a productive, rewarding, safe and non-discriminatory work environment for its Staff, characterised by co-operation, mutual respect and open communication.
6.2 Where Employees experience work-related problems (including any matter arising under this agreement or in relation to the NES), in the first instance the matter may be raised with their immediate manager or supervisor who will attempt to resolve the problem within a reasonable time.
6.3 If the matter cannot be resolved with the immediate manager or supervisor, either party may refer the matter to the supervisor's manager who will seek to resolve the matter within a reasonable time, failing which the assistance of a more senior manager may be sought.
6.4 If the matter remains umesolved either party to the dispute may refer the matter to the Manager, Human Resources or such other person with authority appointed on behalf of Stratos.
6.5 If after a reasonable time the matter remains umesolved, the dispute may be further discussed between Stratos and the Employee's representatives (if one is appointed) in an attempt to resolve the matter.
6.6 During the dispute resolution process, normal work will continue as directed. After completion of these steps, Stratos may implement the matters in dispute without prejudice to the formal resolution of the matter.
6.7 If the matter still remains umesolved, the parties to the dispute may refer it to an agreed independent mediator or to FWA. The role of the mediator is limited to providing assistance to the parties in dispute to attempt to address and, if possible, resolve the matters in dispute by mediation/conciliation as quickly as possible.
6.8 If the matter still remains umesolved either party to the dispute may refer the matter to an agreed independent arbiter. If an arbiter is not agreed, the matter may be referred for determination by FWA. The parties agree that in carrying out arbitration the arbitrator may take such steps and require the parties to comply with such directions as he/she may determine is reasonably appropriate in exercising that function.
6.9
The Manager, Human Resources or such other persons with authority appointed on behalf of Stratos,
may agree to waive the time limits and/or steps contained in subclause to 6.2 to 6.5 in whatever manner
is necessary to aid dispute resolution. In resolving the matter in dispute the parties to the dispute and
their representatives are to act responsibly in seeking resolution within the established tirneframes.
Nothing in these procedures will:
a) prevent any party from exercising its rights under the FWAct or
b) prejudice the position of a party in a genuine health and safety situation.
6.10 At any stage during the dispute resolution procedure either the Employee(s) or Stratos may appoint a representative oftheir choice.
6.11 For the purpose of this clause "reasonable time" normally means 3 working days, provided that depending upon the nature of the issue the timeframe may be longer or shorter.
Employment Arrangements
7.1
Stratos may employ staff either on a full time, part time or casual basis. Employment at Stratos may
also be on a full time or part time basis for a fixed period or for a specifIc project.
Probation Period
7.2
Full time or part time Employees will initially be engaged on a probationary basis for a period of up to,
but not exceeding, three (3) months.
Part Time Employment
7.3
Part time Employees are engaged to work less than 36 3/4 hours per week. Part time Employees accrue
entitlements to annual and personal/carer's leave under this Agreement on a pro rata basis proportionate
to the number of hours worked per week.
Casual Employment
7.4
Casual Employees may be employed at any time for periods of not less than 1 day and for longer
periods but each engagement must not exceed two (2) months.
7.5
Casual Employees will be paid an hourly rate calculated by dividing the annual rate of pay for the
relevant classifIcation under this agreement by 52.14 and further dividing that fIgure by 36.75 and then
increasing the amount by twenty percent (20%). The 20% casual loading is in lieu of the entitlements
normally provided to full time and part time Employees, including paid leave. Casual Employees will
receive minimum superannuation entitlements in accordance with relevant superannuation laws.
Performance
7.6
Stratos may assign any duties to an Employee that it judges to be within the Employee's skills and
competencies or may train an Employee to perform such duties.
Notification ofAbsences
7.7
Prior to any absence from work, Employees are required to notify Stratos as soon as possible of their
inability to attend work, the estimated duration of the absence and the reason for the absence.
Generally this should occur before the commencement of the Employee's shift.
8.1
In the case of full time and part time Employees (other than those engaged for a fixed period or specifIc
project) and subject to the FW Act, either Stratos or the Employee may give the other 4 weeks' written
notice in order to terminate the employment relationship. If the Employee is over 45 years of age with
at least 5 years continuous service the notice to be given by the Company is increased by 1 week.
8.2
The Company reserves the right at any time to pay the Employee in lieu of notice not given. If the Employee
fails to give the required notice, Stratos may withhold any monies due to the Employee to an amount equal to the
notice that the Employee was required to give.
8.3
Clause 8.1 will not apply in respect of an Employee in the case of summary dismissal for serious
misconduct.
8.4
If the Employee's employment ceases for whatever reason, Stratos may offset any amounts owing by the
Employee to Stratos (or its related bodies corporate or the specified entities) against any amounts otherwise payable
to the Employee upon tennination.
8.5
Should the Employee's employment cease, the Employee will not be entitled to any pro-rata payment from an
incentive, bonus or commission plan applicable (if at all) for the incentive, bonus or commission period
current at the date oftennination.
8.6
Permanent Employees, other than Transferring Employees, whose employment is tenninated by Stratos on the
ground ofredundancy will be paid severance payments in accordance with the provisions in Schedule 1.
8.7
In the case of casual employees the required notice for either party is 1 hour, or payment/forfeiture of 1 hours
wages.
9.1
Upon commencement an Employee will be assigned to a Stratos Earth Station facility or customer facility
(the assigned work location). For existing employees (employed at the time the Stratos Land Earth
Station Collective Agreement 2008 was registered on 24 December 2007) their assigned facility is
Gnangara.
9.2
Stratos may require the Employee to work permanently at another work location.
9.3
Where an Employee is reassigned to a location and the Employer requires relocation of his/her home
address, the Employee will be entitled to re-Iocation assistance in accordance with company policy.
10.1
Where an Employee cannot be usefully employed due to;
10.2
The stand down period is counted as a period of service and does not break an employee's continuous service
with Stratos.
10.3
Employees allowed or required to commence work at the usual starting time on any day shall be paid for a least
4 hours, and where they are called upon to attend for duty twice on anyone day they shall be paid not less than a
full day's pay.
11.1
Notwithstanding any other provisions of this agreement, an Employee and Stratos may agree to vary the effect
ofthis agreement to meet the genuine individual needs of the employee and Stratos.
11.2
The tenns that an employee and Stratos may agree to vary the effect of are those concerning:
11.3
Any arrangement for individual flexibility under this clause must be genuinely agreed to by the employee and
Stratos. The arrangement must be in writing and signed by Stratos and the employee (including the employee's
parent or guardian where he/she is under 18 years of age). A copy of the agreement must be given to the
employee within 14 days ofit being agreed to.
11.4
Stratos must ensure that the tenns ofthe individual flexibility arrangement:
11.5
The individual flexibility arrangement may be terminated:
12. CONSULTATION REGARDING MAJOR WORKPLACE CHANGE
12.1
Where Stratos has made a definite decision to introduce major changes in production, programme, organisation,
structure or technology that is likely to have significant effects on employees covered by this agreement, Stratos
will notify the employees who may be affected by the proposed changes and their representatives (if any).
12.2
Significant effects include potential redundancies; major changes in the composition, operation or size of
Stratos'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 permanent transfer of
employees to other work or locations; and the restructuring ofjobs. Provided that where this agreement makes
provision for alteration ofany ofthese matters an alteration is deemed not to have significant effect.
12.3
Stratos will discuss with the affected employees and their representatives (if any) the introduction of the major
changes, the effects the changes are likely to have on employees and measures to avert or mitigate any adverse
effects of such changes on employees. Stratos will give prompt consideration to matters raised by the
employees and/or their representatives in relation to the changes.
12.4
The discussions will commence as early as practicable after a definite decision has been made by Stratos to
make a maj or change.
12.5
As part of the discussions Stratos will provide in writing to the affected employees and their representatives (if
any) all relevant infonnation 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. However Stratos is not
required to disclose confidential information.
12.6
At any stage during this process an employee may appoint a representative of their choice in writing. Stratos's
obligation to consult or provide infonnation to the representative only occurs after the notice is provided to
Stratos.
13.1
Ordinary hours ofwork for full time Employees will be an average of36 %hours per week.
13.2
Except for Shift Workers, and subject to clause 13.3 ordinary hours will be worked between 7 am and 7 pm
(8am -8pm in the case ofEmployees performing work at New Norcia as part ofthe European Space Agency
[ESA] contract), Monday to Friday. Start and finish times will be determined by Stratos but will be made in
consultation with the Employee. Notwithstanding the above the spread ofhours may be varied by agreement
between Stratos and the majority ofEmployees in the section or sections concerned. Employees performing
work at the Gnangara site as part ofthe European Space Agency [ESA] contract, will finish at 8pm Monday to
Friday throughout the complete Western Australian Summer daylight saving period.
13.3
An Employee other than a Shift -Worker may be rostered to work ordinary hours outside the spread ofnormal
hours provided that any such hours are paid for at a loading in accordance with Clause 16 -Non Standard
Hours.
13.4
Ordinary hours may be worked in any pattern which provides for an average of36 3/4 hours per week over the
pattern cycle.
13.5
Rosters will ordinarily provide for a nine day fortnight. However operational circumstances will arise from
time to time (for example, during launch support) where roster( s) may be altered by Stratos to provide for
normal hours to be worked over a 10 day fortnight. In such a case, Stratos will comply with Clause 15 Change
of Shift/Rostered Hours.
14.1
Notwithstanding any other provisions ofthis agreement Employees may be required to perform shift work.
The shift work provisions in this clause apply to Employees of Stratos while rostered to work shift work in
accordance with this clause.
14. 2
Definitions
Shift work rosters
14.3
Ordinary Hours ofshift work will be rostered on no more than six shifts per week, and shift lengths not exceeding
twelve hours fifteen minutes each. A Saturday and/or Sunday maybe included.
Ordinary Hours
14.4
The ordinary hours of shift workers will be an average of 36.75 per week to be worked in any pattern that
provides for an average of 36.75 hours per week over the pattern cycle. However not more than 12.25
ordinary hours, exclusive of meal breaks will be worked in anyone day (except if paid for on overtime
rates).
Weekend Work and Public holidays
14.5
A shift worker whose ordinary working period includes a Saturday will be paid a 50% loading on the
ordinary rate ofpay for all such hours worked on that Saturday.
14.6
A shift worker whose ordinary working period includes a Sunday will be paid a 100% loading on the
ordinary rate ofpay for all such hours worked on that Sunday.
14.7
A shift worker whose ordinary working period includes a Public Holiday will be paid a 150% loading
on the ordinary rate ofpay for all such hours worked on that Public holiday.
14.8
If a shift worker's ordinary working period includes a rostered day off on a Public Holiday they will be
paid a loading of 100% on the ordinary rate ofpay for that Rostered day off.
14.9
Where ordinary shift hours commence between 11:00pm and midnight on a Sunday or public holiday,
the ordinary time worked before midnight will not entitle the shift worker to the Sunday or public holiday
rate. Provided that the ordinary time worked by a shift worker on a shift commencing before midnight on the
day preceding a Sunday or public holiday and extending into a Sunday or holiday will be regarded as
ordinary time worked on such Sunday or holiday
Meal Break
14.10 Shift workers will be allowed a minimum of 30 minutes meal break. However, Shift Workers may be
required to remain at their ordinary workstation during the entire shift including during the meal break. If
an Employee is required to work through a meal break, they will be given time in lieu or paid overtime
for the period worked during the meal break.
Overtime
14.11 A shift worker will be paid overtime in accordance with clause 18.
Special rates not cumulative
14.12
The special rates prescribed in sub-clauses 14.5 -14.9 and 14.11 are in substitution for and not in
addition to the shift allowances prescribed in sub-clause 14.2 or other rates.
15. CHANGE OF SHIFT/ROSTERED HOURS
15.1
The times of beginning and ending a shift or rostered hours of any Employee may be varied by
agreement between Stratos and the Employee or in the absence of agreement may be varied by at least one
week's notice given by Stratos. Notice does not have to be in writing. Stratos will prior to or at the time of
notice explain to the affected Employee(s) the reason for changing the roster. Where notice is given the
applicable shift penalty will apply. Ifthe Employee is not given one week's notice, clause 16 will apply.
12 Hour Shift Arrangement
15.2
The parties agree that Stratos may, at its sole discretion, cease using 12 hour shift arrangements by
providing the relevant Employees with 3 months written notice of its decision
16.1
Notwithstanding clause 15, Stratos may require an Employee to work Non-Standard Ordinary hours of work
from time to time including on short notice to meet operational requirements (for example, launch support hours). The
Employee will be paid a loading of 50% (time and one half) for all Non-standard hours worked other than for
hours worked between the ordinary span ofhours Monday to Friday which will be paid a single time rates ofpay
and will not be deemed to be Non-Standard hours.
16.2
Where Non-Standard hours or any part thereof are perfonned on a Sunday, the Employee will be paid a loading of
100% ofsingle time ordinary hour rates (i.e. double time) for all such Non-Standard hours worked. Where NonStandard
hours or any part thereof are perfonned on a public holiday the Employee will be paid a loading of
150% of single time ordinary hour rates (i.e. double time and a half) for all such Non-Standard hours worked.
Where the Employee works overtime during such Non-Standard hours worked the relevant loading (100% for
Sundays and 150% for Public Holidays) will apply and the provisions ofQause 18 -Overtime will not.
16.3
For the avoidance of doubt, any loading paid pursuant to this clause should be in substitution for, and shall not
be cumulative upon, any loading which might otherwise be payable in respect of overtime, or in respect of work
perfonned on Sunday or Public Holiday.
17.1
There will be an unpaid meal break after no longer than 5 hours of continuous work. The meal break will be
at least 30 minutes but no longer than 60 minutes in duration. The Employee's manager will determine the timing
in duration ofthe meal break.
17.2
Employees will be paid a meal allowance of $10.00 in circumstances where the Employee is required to work
overtime ofmore than two hours, unless the Employee receives 24 or more hours notice ofthe requirement to work
overtime.
18.1
Stratos may require an Employee to work reasonable overtime. Overtime will be calculated and paid as follows (in
each case calculated on ordinary single time rates ofpay for any hours so worked):
18.2
For calculation purposes, each day's overtime will stand alone.
19.1
Employees will be paid the minimum salary levels detailed below. (Note: Employees covered by this
agreement are not entitled to Stratos incentives or bonuses, which might otherwise apply under Company
policy).
19.3
Stratos may deduct from an Employee's wages, or any monies owing, any amount it is authorised or required
to deduct, including any overpayment ofremuneration.
19.4
An Employee and Stratos may agree in writing to enter into a salary sacrifice arrangement. Where an Employee
elects to salary sacrifice, the Employee will receive less actual pay than their classification rate equivalent to
the portion sacrificed.
20.1
Employees will be employed in the following classifications.
21.1
Stratos will provide superannuation contributions in respect of an Employee in accordance with
Superannuation Guarantee Legislation (as amended from time to time) to a company nominated
superannuation fund.
22.1
An Employee may be called upon to perform the duties of another Employee having a higher
classification than their own.
22.2
Subject to this clause, an Employee who performs all the duties of a higher position will be paid in
respect of the performance the minimum salary ofthe higher position.
22.3
In order to be eligible for payment, the Employee must have performed all the higher duties for a
minimum period of 5 consecutive normal working days.
22.4
Subject to this clause, where a connnunications team leader is required to perform higher duties, that Employee
will be paid an additional $50.00 per day for each 24 hour period worked in the position. Sub-clause (2) ofthis
clause does not apply to a connnunications team leader.
23.1
Where an Employee is required to work outside of ordinary hours at a location away from their home station a
site allowance of $40.00 will apply. The site allowance will not be payable where the Employee is required
to travel to or from the location outside ordinary hours unless work is also perfonned at the location outside of
ordinary hours.
24.1
Where an Employee is required to be contactable and available within a reasonable (i.e. 60 minutes) time to
return to work will be paid $18.00 per day/night where the period ofavailability is less than 8 hours outside of their
nonnal core hours and $42.00 per day/night where the period of availability is greater than 8 hours outside of their
nonnal core hours.
25. UNPLANNED/EMERGENCY WORK ALLOWANCE
25.1
Employees who are required to undertake unplanned or emergency duty (other than extra shifts) which requires the
Employee to be called out to a Stratos facility, or a customer facility outside ofnonnal working hours will be paid
the amount specified in the table below per completed hour ofwork. This amount is instead ofand not in addition to
overtime rates. Partially completed hours will be paid on a pro-mtabased on the nearest 15 minutes.
26. UNPLANNED EMERGENCY CALL ALLOWANCE
26.1
Employees who are required to attend to an unplanned or emergency work call (rather than attendance) ordinarily
by phone or bye-mail, outside of the Employee's normal working hours from a location other than a Stratos
facility will be paid $15.00 per fifteen minutes (or part thereof).
26.2
The minimum payment in the case of an emergency call is for one hour.
27.1
An Employee required by Stratos to use his or her own motor vehicle in the performance of their duties will be
paid the followmg allowance per kilometre travelled pat .
Engine Displacement (in cubic centimetres)
28.1
Full time and part time Employees are entitled to 4 weeks (up to 147 hours) annual leave after 12months
completed service in accordance with the NBS. A part-time Employee shall accrue an entitlement to annual leave on
a pro-rata basis based upon the proportion ofthe number ofhours worked each week bears to 36.75.
28.2
Annual leave is paid at the Employee's ordinary rate of pay. When taking annual leave an Employee will
be paid an annual leave loading of 17.5% calculated at their ordinary rate ofpay.
28.3
Annual leave accrues pro rata on a fortnightly basis but does not accrue during any period ofunauthorised absence,
unpaid leave or unpaid authorised absence (other than community service leave or period ofstand down).
28.4
Annual leave can be taken:
28.5
Any untaken leave in one year cumulates to the next year. Untaken annual leave is paid out on
tennination.
28.6
Where Stratos shuts down all or any part ofthe business (eg Christmas closedown) Employees may be required
to take accrued annual leave. If an Employee does not have sufficient accrued leave he/she may be required to
take leave without pay.
28.7
By written agreement with Stratos, an Employee may elect to cash out part ofhislher accrued annual leave
entitlement each 12 months, provided that the employee maintains a minimum of4 weeks accrued leave.
28.8
Where an employee is entitled to a public holiday, or other period of leave under the NBS (other than unpaid
parental leave), which falls during a period ofannual leave that day (or part day) shall not be considered to be part
ofthe period ofannual leave.
28.9
Ifan Employee is pennanently rostered in a manner which requires the Employee to work shift work on a
regular basis (including a full shift on Sundays during the roster cycle), the Employee will be credited with an
additional half day ofannual leave for each Sunday worked on shift during the year up to a maximum of 1 week
of additional leave per calendar year. A half day of leave means half of the ordinary hours worked by the
Employee in a single shift.
28.10
Theprovisions ofthis clause shall not apply to casual Employees.
29.1
Full time Employees are entitled to 10 days personal leave after 12 months completed service which can either
be taken as sick leave or carers' leave in accordance with the NBS. Part time Employees are entitled to a pro-rata
entitlement based on the average number ofordinary hours worked perweek up to a maximum of36.75.
29.2
Personal leave shall accrue pro rata on a fortnightly basis, provided that it does not accrue during any periods
ofunauthorised absence, unpaid leave or unpaid authorised absence (other than community service leave or period
ofstand down).
29.3
Paid personal leave is cumulative, provided that an Employee is only entitled to take in
accordance with this clause that leave which has been credited to them. Personal/carer's leave is paid at
the Employee's ordinary rate ofpay.
29.4
Where a public holiday falls during a period of paid personal leave the employee is taken not to
be on personal leave on that day.
29.5
For absences of 3 or more consecutive days (or where the absence is either side of a weekend, public
holiday, RDO or period of leave) the Employee must provide the required proof in accordance with the
provisions below.
29.6
The provisions of this clause with respect to payment do not apply if the Employee is receiving
worker's compensation.
Sick Leave
29.7
An Employee is entitled to sick leave if they are unable to remain at work for reasons of personal ill
health or injury. Paid sick leave is deducted from the Employee's accrued entitlement to
personal leave.
29.8
In accordance with 29.5, an Employee must provide a medical certificate indicating that he/she
was unfit for work during the period because of personal illness or injury. In the event that it is not
reasonably practical to obtain a medical certificate a statutory declaration must be provided detailing the
same information. This must be provided to Stratos as soon as reasonably practical.
Carer's Leave
29.9
Carer's leave is paid or unpaid leave taken to provide care and support to a member of the Employee's
immediate family or household because of:
29.10 Paid carer's leave is deducted from the Employee's accrued personal leave.
29.11 Employees (including casual Employees) are entitled to a period of up to 2 days unpaid carer's leave
per occasion. Full time and part time Employee are not entitled to take unpaid carer's leave if they are
able to take paid personal/carer's leave.
29.12 In accordance with 29.5 an Employee must provide the following proof relating to absences:
29.13 Stratos may require an Employee to provide proof to satisfy a reasonable person of the relationship
between the Employee and the person that they are taking carer's leave to provide care and support to.
Casual Exclusion
29.14 Except for unpaid carer's leave, this clause does not apply to casual Employees. When taking unpaid
carer's leave, casual Employees must comply with the notice and evidence requirements.
30.1
Employees are entitled to 2 days paid compassionate leave per occasion III accordance III
accordance with the NBS:
30.2
In order to be entitled to compassionate leave the Employee must provide Stratos with evidence to
satisfy a reasonable person of the illness, injury or death. Stratos may require the Employee to provide
proof to satisfy a reasonable person of the relationship between the Employee and the person he/she is
taking compassionate leave for.
30.3
For full time and part time employees, compassionate leave is paid at the Employee's ordinary rate of
pay. In the case of casual employees the leave is unpaid.
30.4
The two days leave need not be consecutive.
31.1
The following days shall be observed as public holidays: New Year's Day (1 January), Australia
Day (26 January), Good Friday, Easter Monday, Anzac Day (25 April), Labour Day, Foundation
Day, Sovereign's Birthday, Christmas Day (25 December) and Boxing Day (26 December).
31.2
The parties agree that when one of the days listed above falls on a Saturday or Sunday the holiday
shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or Monday
the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall
be treated as a public holiday in lieu ofthe days listed above.
31.3
Where Employees are not required to work on a day which they are normally required to work
because it is a Public Holiday they will be paid for the ordinary hours they would normally have worked
on that day.
31.4
Where an Employee is required to work on a public holiday they will be paid at the rate of 2.5 times
their ordinary rate ofpay with a minimum of4 hours work.
32.1
Subject to Clause 1 of Schedule 2, Long Service Leave will accrue and be paid in accordance with
applicable State legislation or in accordance with Company policy whichever is of greater benefit to the
Employee.
33.1
Employees (including casual employees) are entitled to community service leave, in accordance with the
National Employment Standard and relevant State Legislation, to attend:
33.2
Employees are required to notify Stratos as soon as reasonably practicable of their intention to take leave
and advise the period (or expected period) of the absence.
33.3
Where an employee:
33.4
To be entitled to community service leave employees must provide proof to satisfy a reasonable person
that he/she has been/will be engaged in an eligible community service activity. For employees on jury
service, they are also required to provide an attendance certificate and notice of the amount paid to them
for attending jury duty.
34.1
Should an employee meet with an accident which is subject to and qualifies for compensation under the
relevant workers' compensation legislation the employee will have the amount received by way of
compensation increased by Stratos to the amount of the relevant salary level at the time of such
accident. The payment made by Stratos will be limited to a maximum period of 26 weeks.
34.2
For casual employees the make-up pay will be based on the number of hours worked per week over
the last month with Stratos, or if less than one month the average for the time worked. The amount to
be paid is calculated based on the nonnal weekly rate of pay only.
1
Definitions
1.1
Business includes trade, process, business or occupation and includes part of any such business.
1.2
A redundancy occurs where the employee's employment is tenninated for operational reasons.
Redundancy does not involve questions ofperformance or conduct ofthe employee.
1.3
Transmission includes transfer, conveyance, assignment or succession whether by agreement or by
operation oflaw and transmitted has a corresponding meaning.
1.4
Week's pay means the ordinary time rate ofpay for the Employee concerned as at the date ofredundancy.
Provided that such rate shall exclude:
2
Transfer to lower paid duties
2.1
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 ifthe employment had been terminated and Stratos may at its
option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate ofpay
and the new ordinary time rate for the number ofweeks ofnotice still owing.
3
Severance pay
3.1
Employees whose employment is terminated as a result of a bonafiable redundancy will receive the
payment set out below:
3.2
The minimum sum payable to any Employee who's position is made redundant will be 8 weeks pay
(including 4 weeks payment in lieu ofnotice) and the maximum is to be 44 weeks pay (including 4 weeks payment
in lieu ofnotice).
4
Employee leaving during notice period
4.1
An Employee given notice of termination in circumstances of redundancy may terminate his/her
employment during the period of notice set out in Clause 9 -Termination of Employment. In this
circumstance the Employee will be entitled to receive the benefits and payments they would have
received under this clause had they remained with Stratos until the expiry of the notice, but will not be
entitled to payment in lieu ofnotice.
5 Alternative employment
5.1 Where Stratos obtains alternative employment for an Employee the severance payments will not
apply.
5.2 Where there is a dispute about whether the alternative employment is acceptable alternative
employment, the matter may be resolved in accordance with the Dispute Resolution Procedure. In
the event of arbitration, the arbitrator may determine an alternative severance pay entitlement where in
his/her opinion the offer is not acceptable alternative employment.
5.3 This provision does not apply in circumstances involving transmission of business as set in Clause 7
of this Schedule.
6 Job search entitlement
6.1 During the period of notice of termination given by Stratos in accordance with Clause 8 -Termination of
Employment, an Employee shall 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.
6.2 Ifthe Employee has been allowed paid leave for more than one day during the notice period for the
purpose of seeking other employment, the Employee shall, at the request of Stratos, be required to
produce proof of attendance at an interview or he or she shall not receive payment for the time
absent. For this purpose a statutory declaration will be sufficient.
7 Transfer of business
7.1 The provisions of this clause are not applicable where the business is before or after the date of this
agreement, transferred from Stratos to another employer (in this subclause called the new employer),
in any of the following circumstances:
8 Employees exempted
8.1 This Schedule does not apply to:
SCHEDULE 2 -TRANSFERRING EMPLOYEES
1
Transfer Service Date for Long Service Leave Entitlements
1.1
Under this agreement a Transferring Employee will, subject to below, for the purposes of calculating long
service leave entitlements have the period ofcontinuous employment with Telstra Corporation taken into account.
For the purpose of long service leave calculation for Transferring Employees, the commencement date
of each Transferring Employee is set out in the document entitled Commencement Date with Xantic for Long
Service Leave and Redundancy Purposes (each Transferring Employee has been provided with details oftheir
date for this purpose). Nevertheless, where an Employee has taken long service leave with Telstra or has been
paid an entitlement by Telstra in respect of Long Service Leave, their accrual for long Service Leave with
Stratos will be reduced by an equivalent period.
2
Security of Employment
2.1
If Transferring Employee's position is made redundant, the Employee will receive, in addition to any
notice or payment in lieu ofnotice, a severance payment equal to that which the Transferring Employee would
have been entitled were the Transferring Employee's position with Telstra made redundant at the date of
commencement ofemployment with Xantic. Such an entitlement will be calculated under the following basis:
2.2
Alternatively, and in situations of bona fide redundancy, where a Transferring Employee's severance
payment under the company's redundancy policy is greater than that which the Employee would have received
by operation of clause 2.1 above, the Transferring Employee shall be entitled to the greater payment. This
clause is in substitution for and not in addition to clause 2.1 above.
Employer
Signed for and on behalf of Stratos B.V. (ABN 67 092 596 480).
a) industrial action (other than industrial action organised or engaged in by the employer);
b) breakdown of machinery or equipment, if the employer cannot reasonably be held responsible for the
breakdown; or
c) a stoppage ofwork for any cause over which the employer cannot be reasonably held responsible;
Stratos is not required to make payments to the employee for that period.
a) hours ofwork;
b) overtime rates;
c) penalty rates and shift loadings;
d) allowances; and
e) leave loading.
a) are about pennitted matters under section 172 ofthe Fair Work Act 2009; and
b) are not unlawful terms under section 194 ofthe Fair Work Act 2009; and
c) result in the employee being better off overall than the employee would be ifno arrangement was made.
a) by the employee or Stratos giving 28 days notice oftermination, in writing, to the other party; or
b) at any time, by written agreement between the employee and Stratos.
a)
Day shift means any shift of shift work finishing at or before 7:30pm (8:30pm in the case of
employees performing work as part ofthe ESA contract);
b)
Afternoon shift means any shift ofshift work finishing after 7:30pm (8:30pm in the case of employees
performing work as part ofthe ESA contract) and at or before midnight. Such shift attracts a penalty
of 15% during ordinary hours.
c)
Night shift means any shift of shift work finishing subsequent to midnight, and at or before 8.00am.
Such shifts attract a penalty of 15% during ordinary hours;
d)
Permanent night shift means a night shift which does not rotate with another shift or shifts or day
work and which continues for a period ofnot less than 4 consecutive weeks. Such shifts attract a penalty of
30% during ordinary hours.
a) Monday to Saturday time and one half for the first three hours and double time thereafter;
b) Sundays -double time
c) Public holidays -double time and a half.
d) Overtime between 11pm and 7 am (other than for public holidays) -double time.
Classification Current Salary 3.5% Increase 3.5% Increase 3.5% Increase
Effective as of Effective as of Effective as of
1 April 2011 1 April 2012 1 April 2013
Trainee $40,741
Communications $42,167 $43,643 $45,170
Technician
Communications $52,742 $54,588 $56,499 $58,476
Technician
Communications $71,071 $73,558 $76,133 $78,798
Technical Officer 1-1
Communications $73,454 $76,025 $78,686 $81,440
Technical Officer 1-2
Communications $75,928 $78,585 $81,336 $84,183
Technical Officer 1-3
Communications $78,550 $81,299 $84,145 $87,090
Technical Officer 1-4
Communications $88,322 $91,413 $94,613 $97,924
Team Leader
19.2
Employees will be paid fortnightly by electronic fund transfer, or by such other means as may be agreed from
time to time between Stratos and an Employee.
a)
A Trainee Communications Technician (TCT) means a person employed as a Technician who is
working to obtain a tertiary qualification and is principally employed as a trainee. A Trainee
Technician is required to perform work within their skill and capability.
b)
A Communications Technician (CT) is an Employee who has a relevant tertiary qualification at
either:
- a certificate level;
- or diploma level (or equivalent) but who has less than five years industry experience.
c)
A Communications Technical Officer 1 (CT01) is an Employee who has the relevant diploma level
(or equivalent) tertiary qualification and has more than five years industry experience. Incremental
salary advancement will be based on performance, assessed continually and fOlmalized
through the annual Stratos Performance Management process.
d)
A Communications Technical Officer 2 (CT02) as identified in the 2007 Stratos Land Earth Station
Certified Agreement is transferred to the classification of CTO 1-4.
e)
A Communications Team Leader (CTL) is an Employee who is employed by Stratos in the
classification of CTL to perform the functions of a CTL.
Current Effective as of Effective as of Effective as of
1 April 20012 1 April 20012 1 April 20012
$64.90 $67.17 $69.52 $71.96
25.2
An initial minimum payment of two (2) hours will apply under this clause.
Over 20OOcc Over 1600cc - 1600cc & Under
72 cents 71 cents 53 Cents
a)
by the Employee requesting to take accrued annual leave. Stratos will not unreasonably refuse a
request to take annual leave subj ect to the operational requirements ofthe workplace;
b)
by Stratos directing an Employee to take accrued annual leave by giving a minimum of 2 weeks
notice.
a) personal illness or injury ofthe member; or
b) an unexpected emergency affecting the member.
a) in the case of illness or injury of a member of the Employee's immediate family or household:
a medical certificate indicating that the immediate family or household member had a personal
illness or injury during a period ofthe leave: or
a statutory declaration which includes a statement that the Employee required leave to provide
care or support to an immediate family or household member because of personal illness or
injury.
b)
in the case of an unexpected emergency a statutory declaration which includes a statement that the
Employee required leave to provide care or support to an immediate family or household member
because of an unexpected emergency affecting that person.
a)
for spending time with a member of their immediate family or household who contracts or
develops a personal illness, or sustains a personal injury, that poses a serious threat to hislher life.
The leave can be taken at any time while the injury or illness persists:
b)
after the death of a member oftheir immediate family or household.
a)
jury service; or
b)
a voluntary emergency management activity with a recognised body to deal with an emergency or
natural disaster.
a)
is required to attend jury service he/she will be paid the difference between their base rate of pay for
ordinary hours and the amount received for jury service.
b)
attends a voluntary emergency management activity any entitlement to payment will be accordance
with the Emergency Management Act (WA) 2005.
a) overtime;
b) penalty rates;
c) disability allowances;
d) shift allowances;
e) special rates;
f) fares and travelling time allowances;
g) bonuses; and
h) any other ancillary payments of a like nature.
a)
4 weeks in lieu ofnotice (if the employee is not required by Stratos to work the notice period);
b)
If the Employee is 45 years of age or older, an additional 1 weeks pay in lieu ofnotice.
c)
4 weeks pay for the first 5 years completed (pro-rata for non completed years ofservice) year ofservice.
2 weeks pay thereafter for a further 10 years service. Redundancy is to be calculated from the
commencement ofemployment with Stratos and to a maximum of40 weeks pay.
a) Where the Employee accepts employment with the new employer which recognises the period
of continuous service which the Employee had with Stratos and any prior employer to be
continuous service ofthe Employee with the new employer; or
b) Where the Employee rejects an offer of employment with the new employer:
in which the terms and conditions are substantially similar and no less favourable,
considered on an overall basis, than the terms and conditions applicable to the Employee
at the time of ceasing employment with Stratos; and
which recognises the period of continuous service which the Employee had with Stratos and
any prior employer to be continuous service of the Employee with the new employer.
a) Employees terminated as a consequence ofserious misconduct that justifies dismissal without notice;
b) Probationary Employees;
c) Apprentices;
d) Trainees;
e) Employees engaged for a specific period oftime or for a specified task or tasks; or
f) Casual Employees.
Incapacity to pay
9.1
In the event of Stratos's incapacity to pay, the severance payments will not apply.
9.2
Where there is a dispute about incapacity to pay, the matter may be resolved in accordance with the Dispute
Resolution Procedure. In the event of arbitration, the arbitrator may detennine an altemative severance pay
entitlement based upon Stratos's capacity to pay.
a)
Four weeks pay for each completed year of continuous service up to five years;
b)
Three weeks pay for each completed year of continuous service thereafter, plus a pro-rata payment for
each completed months ofcontinuous service since the last completed year ofcontinuous service;
c)
For Employees over fifty years of age, (instead of three weeks' pay) four weeks pay for each year of
service beyond fifty years ofage, including pro-rata adjustment for each completed month ofcontinuous
service since the last completed year ofcontinuous service;
d)
The minimum sum payable under these arrangements, including any payment in lieu ofnotice (four
weeks), is to be eight weeks salary;
e)
The maximum sum payable to an Employee under the redundancy provisions will be 80 weeks pay plus 4
weeks (or 5 weeks ifthe Employee is aged 45 years or over) pay in lieu ofnotice.
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