2000-2001 ENTERPRISE AGREEMENT
Schedule 4 - Employee Travel Costs Allowances 1. PURPOSE 2. SCOPE 3. AUTHORITY 4. RESPONSIBILITIES 4.1 Delegate 4.1.1 Before Authorisation is given to travel 4.1.2 Once satisfied that overnight travel should be approved 4.1.3 At the conclusion of the period of transfer 4.2 Employee 5. DELEGATIONS 6. GENERAL PRINCIPLES 7. POLICY 7.1 Eligibility 7.2 Rate of Allowance 7.3 Capital City/Elsewhere Definition 7.4 Payments 7.5 Periodical Return Home 7.6 Advance of Allowance 7.7 Temporary Work Location Accommodation 7.8 Insufficient or Excessive Allowance 7.9 Mode of Travel to Temporary Work Location 7.10 Determination of Allowance Whilst Travelling 7.11 Allowance Where Accommodation and/or Meals Provided 7.12 Transfer of Family to Temporary Work Location 7.13 Overtime Meal Allowance Payments 7.14 Allowance Payments During Leave 7.15 Employee Promoted or Permanently Transferred to Temporary Work Location 7.16 Employee Travel Costs Allowance and District Allowance 7.17 Fraudulent Claims Schedule 5 - Frequent Absence Allowance 1. PURPOSE 2. SCOPE 3. POLICY 3.1 Delegations 3.2 Eligibility and Payment of Allowance 3.3 Rate of Allowance 3.4 Payment Arrangements
2000-2001 ENTERPRISE AGREEMENT
This Agreement will be known as the Network Design and Construction Limited 2000-2001 Enterprise Agreement.
2. Parties Bound and Application
2.1. This Agreement is binding on:
(a) Network Design and Construction Limited ACN 086 174 781;
(b) the unions referred to in clause 2.2; and
(c) all employees who are employed by the Company in the Bands specified in Schedule 1.
2.2. The unions party to this Agreement are:
* Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU);
* Community and Public Sector Union (CPSU);
* Association of Professional Engineers, Scientists and Managers, Australia (APESMA);
2.3. Awards underpinning this Agreement are listed in Attachment 1.
3. Definitions and Interpretation
3.1. Unless the context otherwise requires in this Agreement:
Act means Workplace Relations Act 1996 (Cth)
Commencement Date means the date ..on which this Agreement is certified by the Australian Industrial Relations Commission.
GCOE Award means the Telstra Corporation General Conditions of Employment Award 1998 as varied from time to time.
Metropolitan Boundary means the boundary in the places referred to in Schedule3.
Month means calendar month.
NDC means Network Design and Construction Limited (ACN 086 174 781)
Ordinary Rate of Pay means the hourly rate of pay calculated on the basis of the Company Rate for any employee.
Telstra means Telstra Corporation Limited (ACN 051 775 556).
Translated Telstra Employee means a Telstra employee who accepted an offer of employment with and translated to NDC and who is subject to this Agreement.
3.2. In this Agreement headings are for convenience only and must be ignored in the interpretation of this Agreement.
Scope and Application
4.1. This Agreement replaces and wholly supersedes the Network Design and Construction 1998-2000 Enterprise Agreement.
4.2. Subject to relevant legislative provisions, this Agreement overrides the operation of any Award (including those listed at Attachment 1) or Agreement binding on NDC to the extent of any inconsistency.
4.3. From the Commencement Date this Agreement also replaces and wholly supersedes any informal agreements which may have applied in relation to NDC.
4.4. NDC may enter into an Australian Workplace Agreement (AWA) with any employee covered by this Agreement. However:
(a) no employee will be required to enter into an AWA for their existing job or for a job to which they are appointed, transferred or promoted and will have the choice of accepting or rejecting the AWA;
(b) employees who are party to AWAs will on expiry of those AWA's have the choice of accepting or rejecting a subsequent AWA.
The AWA may operate to the exclusion of this Agreement or prevail over its terms to the extent of any inconsistency.
Duration
4.6. The nominal expiry date of this Agreement is 12 months following the first pay period after 15 April 2001.
4.7. The parties undertake to commence discussions aimed at formulating a new Agreement at least 3 months prior to the expiry of this Agreement.
5.1. The parties recognise that the Telecommunications industry is becoming more competitive and continues to be subject to continuous change. Against this background NDC remains committed to providing secure employment for staff in a manner consistent with prudent management. NDC acknowledges that some business decisions will impact on staff members' personal lives and working lives and is committed to minimising any adverse impact to the extent practicable. The following consultative arrangements will assist in this respect.
5.2. Where NDC proposes to introduce significant business initiatives or major changes which have a demonstrable impact on staff (including NDC policy which adversely affects employment conditions), management will consult with the staff members who may be affected by the proposed changes and their union as early as practicable. A demonstrable impact on staff will arise in circumstances such as major changes in technology, outsourcing, or the composition, operation or size of NDC's workforce or in the skills required, the elimination or diminution of job opportunities.
5.3. NDC will consult with the staff members affected and their union on the introduction of the changes referred to in clause 5.2, the effect the changes are likely to have on staff, and where possible the measures to avert or mitigate the adverse effects of such changes on staff. Further, NDC, will give consideration to matters raised by the staff members and/or the union in relation to the changes and gives reasons for its decisions.
6. Dispute Avoidance/Resolution Procedure
6.1. The parties are committed to avoiding industrial disputation.
6.2. NDC aims to provide a productive, rewarding, safe and non-discriminatory work environment for its staff. This environment should be characterised by co-operation, mutual respect and open communication between staff and managers.
6.3. Where one or more staff members experience work-related problems, in the first instance the matter may be raised with their immediate supervisor who will attempt to resolve the problem within a reasonable time, ie within two (2) working days. NDC acknowledges the right of staff members who are union members to raise the matter with their union's representative who may become involved in the discussion at any stage of the process.
6.4. If the matter cannot be resolved with the staff members' supervisor, it may be taken to the supervisor's manager who will seek resolution within two (2) working days, failing which the assistance of a more senior manager may be sought.
6.5. If the matter has not been progressed to the satisfaction of the parties within six (6) working days from the time it was first raised with the supervisor, it may be referred to the General Manager of the Region or to the General Manager-Human Resources (NDC), for matters impacting the wider business and principals of the union for resolution within five (5) working days.
6.6. During the period referred to in clauses 6.1 to 6.5 inclusive, normal work will continue and NDC will not implement the matters in dispute. After completion of these steps NDC may implement the matters in dispute without prejudice to the final resolution of the matter.
6.7. If the matter still remains unresolved, either party may refer it to an agreed mediator which may be the Commission. The role of the mediator is limited to providing assistance to the parties in an attempt to address and, if possible, resolve the matter in dispute by mediation/conciliation as quickly as possible.
6.8. The parties agree that the General Manager- Human Resources (NDC) and the relevant union officials may agree to waive the time limits in this clause 6 in whatever manner is necessary to aid dispute resolution. However, the importance of the nominated manager and union officials accepting responsibility for the issues within the agreed timeframes is also acknowledged by the parties.
6.9. Nothing in these procedures will:
(a) prevent any party from exercising its rights under the Act; or
(b) prejudice the position of a party in a genuine health and safety situation.
Definitions
Band is the classification level of a job, and/or its occupant referred to in Schedule 1 to this Agreement.
Career Stream is a group of staff working in jobs which are operationally and organisationally associated within NDC.
Company Rate is the agreed annual salary rate for Representative Jobs within a Band.
NDC job evaluation and classification system is the only grading system that will apply to jobs in NDC. It will involve agreed NDC Job Descriptions, as well as a system to grade from scratch using a new job description. The system is based on an internationally regarded system which allows for easy reference to market data. (Refer to footnote).
Footnote: A copy of the current NDC job evaluation and classification system will be tendered as an exhibit in the Commission proceedings for the certification of the Agreement.
Range is the job evaluation system's point score range which defines the upper and lower points limits for a Band in the Career Stream.
Representative Jobs refers to identified jobs as graded and placed into Bands by the NDC job evaluation system, using a job description; and serves to both align particular job, duties and Bands for the life of the Agreement, and to guide evaluators in determining the appropriate Band for new or substantially altered jobs.
7.1. Career Stream Principles
7.1.1. NDC has a single job evaluation system. This will be the only grading system that will apply to jobs in NDC under this Agreement.
7.1.2. There will be at least 5 Career Streams as follows:
Communications Officer; Technical Officer; Professional Officer; Administration Officer, and Project and Resources Management.
7.1.3. NDC's job evaluation system framework allows for thirteen (13) Bands. Each Career Stream will operate within the thirteen Band structure.
7.1.4. Each band will have agreed Representative Job Descriptions. There may be more than one Representative Job Description for each band (see footnote below).
7.1.5. As part of the job establishment and classification process, NDC managers will design any new jobs that will go into established Career Streams, at appropriate levels. Should the parties be unable to reach agreement on the appropriate grading of new jobs, the matter will be referred for review to a review team consisting of an external consultant expert in NDC's job evaluation and classification system, an NDC representative and a nominee of the appropriate union. A majority of the three-person team will determine the outcome and this outcome will be binding on the parties to this Agreement without recourse to any further review or appeal.
7.1.6. Representative Jobs or Career Streams will not be changed, reviewed or altered except by agreement between the parties, and without the involvement of any third party, during the period of operation of the Agreement. However representative jobs may be created in any of the 13 Bands, in accordance with 7.1.1and by agreement between the parties.
7.1.7. Technical Career Stream staff members at Band 4 who desire to gain competency progression to Band 5 will be required to demonstrate full competency at Band 5 in the period of this Agreement. Future progression after this Agreement beyond Band 4 will be solely by means of merit selection to a vacant position.
7.1.8. Except as provided in clause 7.1.7 and Schedule 2, movement of a staff member to a higher Band will be on the basis of merit selection to a vacant position.
7.1.9. Each Band will have a single salary point which will be the Company Rate.
7.1.10. Where a job requires staff members to be licensed or to possess relevant permits or formal qualifications, those requirements will be specified in individual job descriptions. Otherwise, there will be no mandatory qualifications for any band.
Footnote: A copy of the Representative Job Descriptions will be tendered as an exhibit in Commission proceedings for the certification of this Agreement.
7.2. Traineeships
The NDC Traineeships will have the following features:
7.2.1. Employees will undertake training in a modular form with an objective of obtaining an AQF II Certificate after two years and an AQF III Certificate after three years, combining formal training and on-the-job experience.
7.2.2. Upon completion of an AQF II Certificate and two years of traineeship service with NDC, trainees will progress to Band 1. The first year pay level will be at 60% Band 1 and subject to satisfactory performance both at training and work. The second year pay level will be at 80% Band 1 and subject to satisfactory performance both at training and work.
7.2.3. Band 1 Trainees who so desire will continue their training to an AQF III Certificate, and upon successful completion and three years of traineeship service with NDC, will progress to Band 2, subject to satisfactory performance both at training and work.
7.2.4. Band 2 occupants with an AQF III Certificate and a demonstrated aptitude may have access to training assistance by NDC to move to higher AQF level qualifications, subject to business needs within NDC.
8.1. Salary Increases
Subject to Clause 8.2, staff members shall be paid an increase of 4% with effect from the first full pay period on or after 15 April 2001 (the second anniversary of the commencement date of NDC)
8.2. Principles for Normalising Salary Above the Company Rate
Staff members who are receiving payment above the Company Rate will, for the operative date of this Agreement, receive an Interim Rate which will be equal to their Actual Rate plus their regular fortnightly payments.
Staff members who are receiving payment above the Company Rate will receive 55% of all salary increases payable from the first full pay period on or after 15 April 2001, until such time as the Company Rate equals or exceeds their Interim Salary. It is intended that those staff members will move from the Interim Rate to the Company Rate for their job classification over a maximum of three years from the first full pay period on or after 15 April 2001.
The Interim Salary Rate will be salary for all purposes, e.g. Superannuation, Overtime, Redundancy, Travel to Worksite.
Staff members in this category who are promoted will go immediately to the Company Rate for their new classification.
Standard Accrual
9.1. Annual leave accrues on a pro-rata basis and may be taken by staff members at their initiative following such accrual, subject to the agreement of their manager. The quantum of annual leave afforded to staff, and other arrangements relating to the payment and taking of such leave, continue to be regulated under this Part of the Agreement by the GCOE Award subject to clauses 9.2 and 9.3 of this Agreement.
9.2. NDC recognises the value of recreation leave in providing a break away from the pressures of work. Annual Leave may not be accumulated in excess of 8 weeks. As such all staff members are expected to proceed on Annual Leave each year. In cases where a staff member's leave credits exceed 4 weeks, the employee and their manager must schedule annual leave to be taken so that no more than 8 weeks maximum is accumulated.
9.3. Where staff members cannot be gainfully employed, due to significant unplanned variations to business and where voluntary leave has already been offered, management may direct those staff whose credits exceed 4 weeks to proceed on paid annual leave to the extent of the leave credit beyond 4 weeks.
Standard Calculation
10.1. Staff have access to a maximum of ten (10) days paid sick leave per annum cumulative commencing from the relevant date. Where a staff member is sick for a period exceeding one Month, the staff member may be referred to an NDC nominated medical practitioner.
10.2. Where a staff member is absent for more than 3 consecutive days a staff member is required to obtain a medical certificate.
10.3. If an absence falls on a Monday or Friday or prior to or following a public holiday, a medical certificate may be required to be produced by the staff member. Extended Sick Leave
10.4. In addition to the standard sick leave provisions in 10.1, NDC may provide extended paid sick leave to any staff member covered by this Agreement, who
(a) is incapacitated as a result of serious illness or injury arising from a non-work related matter, and
(b) whose paid sick leave entitlement has been fully expended, and
(c) whose annual leave credits in excess of 20 days have been taken.
10.5. A staff member in the above situation may apply for payment of extended sick leave for a period of up to 3 Months on 1 occasion during the term of this Agreement.
10.6. Annual leave and sick leave accrual will be suspended for the duration of any approved extended sick leave.
10.7. Any application for extended sick leave must be supported by medical certificates, including progressive certificates, acceptable to NDC and NDC reserves the right to refer any staff member seeking extended sick leave to a medical practitioner of its choosing (whether such referral is required by NDC either before or after the commencement of extended sick leave).
11.1. Long service leave accrual for all staff, will be equal to those prescribed in the Long Service Leave (Commonwealth Employees) Act 1976 as at the date of certification of this Agreement.
12.1. Subject to clause 12.2 Parental leave will be provided in accordance with Schedule 14 of the Act.
12.2. Maternity leave benefits will be provided in accordance with or otherwise equivalent to that provided in the Maternity Leave (Commonwealth Employees) Act 1973 (Cth) ("ML Act") whether or not the ML Act applies in relation to NDC.
13.1. Unpaid leave for up to 3 Months may be recommended by the relevant line manager and is subject to approval by the next level manager.
13.2. NDC will consider applications for unpaid leave in excess of 3 Months where they can be accommodated within business needs.
13.3. The criteria to be used to determine whether or not the leave will be granted shall include the reason for the leave, satisfactory performance and business needs.
13.4. Unpaid leave, if approved, does not count as service for any purposes but does not break continuity of service.
14.1. NDC at its discretion may make leave available to staff to meet reasonable staff needs. These needs may include those associated with but not limited to work-related education, community emergency services, and pressing domestic circumstances. Such leave will be granted on an individual basis only. The provision of Special Leave will be in accordance with NDC policy.
15.1. The following days, or any days prescribed under the law of any State to be observed in lieu thereof in the State shall be observed as public holidays:
* 1 January;
* 26 January;
* Christmas Day and the following day;
* Good Friday and the following Saturday and Monday;
* the date designated as the anniversary of the birthday of the Sovereign;
* 25 April;
* any day proclaimed by the Governor-General or required by any act to be observed in lieu of any of the above days;
* if any of the above days (except 25 April) falls upon a Saturday or Sunday, the next following Monday shall be observed as a holiday in lieu of the Saturday or Sunday.
* If Christmas Day and Boxing Day fall upon a Saturday and Sunday respectively, then the next following Monday and Tuesday shall be observed as public holidays in lieu of the Saturday and Sunday.
* NDC will recognise a further holiday on a day nominated by NDC each year between Christmas Day and New Year's Day.
* Any other public holiday prescribed under the law of any State or Territory.
15.2. The benefit referred to in clause 15.1 is subject to the sum of public holidays and the further holiday being no greater than 13 for any calendar year for any staff member.
Translated Telstra Employees
16.1. Subject to clause 16.2 the AOTC Redundancy Agreement 1993, as in force from time to time, will apply to Translated Telstra Employees whose positions are redundant.
16.2. Any references in the AOTC Redundancy Agreement 1993 to "redeployment", "relocation", "training" or such other similar terms , or "Review Board", are taken to mean, for the purpose of this Part of this Agreement, that within NDC. Nothing in this clause shall be taken to place any obligation on Telstra regarding the matters referred to above in relation to Translating Telstra Employees whose positions are redundant.
Staff Members other than translated Telstra Employees
16.3. Staff members other than Translated Telstra Employees whose positions are redundant will be paid redundancy pay calculated on the basis of the three weeks for each completed year of service. However, a staff member can accumulate no more than 60 weeks redundancy pay. The cap of 60 weeks does not include the notice period.
17. Hours of Work and Related Arrangements
Introduction
17.1. The competitive, regulatory model for telecommunications necessitates a company employment model that is responsive to market pressures and customer demand. To this end, the operating model at the customer interface must be capable of rapid change and adaptability to enable responses to variations in customer demand, changed call patterns or to enable competitive responses by NDC's managers and staff.
17.2. This provision outlines a framework in which managers will operate whilst at all times being focused on the customer need when making decisions on staffing requirements.
17.3. Within the span of ordinary hours the normal start and finish times will be determined by the relevant manager, based on customer need and following discussions with staff. The discussion with staff will have regard to their individual preferences and family responsibilities. Outcomes will be distributed fairly across the work group.
17.4. Within the framework described, staff access to arrangements that give flexibility to both work and the individual will continue to operate.
Ordinary Hours of Work (NON-SHIFT WORKERS)
17.5. Ordinary hours of work for staff (other than for shift work) will be 38 hours per week Monday to Friday.
17.6. Ordinary hours may be worked in any pattern which provides for an average of 38.00 hours per week provided there is a minimum of 6 hours per day or up to a maximum of 10 hours in a day. All staff will have access to up to one day off per fortnight the timing of which is subject to the operational requirements and the terms of this clause. Employees in non-team based work groups will have access to a flexible working arrangement in accordance with clause 17.9.
17.7. Subject to sub-clause 17.5 above, the span of ordinary working hours will be from 7.00am to 7.00pm Monday to Friday.
Team Hours
17.8. Where team based work and customer servicing requires common working times, a Facilitative Agreement may be made pursuant to clause 20 of this Agreement. In the event that no Facilitative Agreement is reached standard hours will apply.
Individual flexible working arrangements
17.9. Employees in non-team based work groups may work their ordinary hours referred to in clauses 17.5 - 17.7 under individual flexible working arrangements. Subject to operational requirements this may involve staff varying their start, finish and meal break times around the core times of 9.30am to 12.00pm and 2.00pm to 3.30pm during which they must be on duty. Any absence during these core times requires management approval. Employees are responsible for recording their own time worked and may carry over up to 10 hours in credit or debit of ordinary hours at the end of a fortnightly settlement period.
Part-time hours of work
17.10. For part-time staff, the hours of work will be less than 38 hours per week Monday to Friday. Translated Telstra Employees who are full-time office based staff may elect to:
(a) remain full-time on 38 ordinary hours per week; or
(b) become part-time on less than 363/4 hours per week subject to operational requirements; or
(c) become part-time on the basis of 363/4 hours per week.
Overtime
17.11. NDC may require a staff member to work reasonable overtime. An staff member's ordinary hourly rate of pay for the purposes of calculating overtime will include any Temporary Assignment Allowance (Higher Duties) which such staff member received during the period when the overtime is worked.
Overtime Rates (Full-time)
17.12. Staff members will be paid overtime, for work directed to be performed in excess of ordinary rostered daily hours or outside the span of ordinary hours in clause 17.7 at the following rates:
(a) 150% (of their ordinary rate of pay) for the first 3 hours;
(b) 200% thereafter
(c) 200% on Sunday;
(d) on a public holiday 250% (of their ordinary rate of pay) for all time worked.
(e) 200% of their ordinary rate of pay for any overtime worked between 10.00 pm and 7.00 am
Overtime Rates (Part-time)
17.13. A part-time staff member may be requested, but not required, to work overtime. Authorised overtime, when worked will be paid at the following rates:
(a) outside the span of ordinary hours or outside the regularly rostered daily hours of an equivalent full-time staff member - 150% (of their ordinary rate of pay) for the first three hours and 200% thereafter;
(b) on a Sunday - 200% (of their ordinary rate of pay) for all time worked;
(c) on a public holiday - 250% (of their ordinary rate of pay) for all time worked.
Overtime Meal Allowance
17.14. Overtime Meal Allowance will apply in accordance with the GCOE Award.
Rest Relief
17.15. Staff members will have at least 10 consecutive hours off work (inclusive of reasonable travelling time) between periods of ordinary hours work.
17.16. Where a staff member works overtime between periods of ordinary hours work they will have 10 consecutive hours off work between these times before commencing their next period of ordinary hours work, without loss of pay.
17.17. If a staff member is required to resume or continue work without having 10 consecutive hours off work they will be paid at double rate until they cease that period of work and will then be eligible to be absent from work until they have 10 consecutive hours off work without loss of pay for any ordinary hours work scheduled during that absence.
17.18. Notwithstanding clauses 17.16 and 17.17 above, where overtime is worked under the relevant Emergency Duty provisions, rest relief will only apply where the time worked is at least 3 hours (including travelling time) on each call.
17.19. The provisions of this clause do not apply where agreement is reached between a staff member, who wishes to change his/her rostered shift, and their manager for a relief period of less than 10 consecutive hours.
Emergency Duty
17.20. Emergency Duty will apply in accordance with the GCOE Award.
Overtime - Minimum Payment
17.21. Overtime - Minimum Payment will apply in accordance with the GCOE Award.
18.1. NDC does not anticipate that shift work will be used as part of usual operations other than maintenance operations (see Clause 19). However, NDC may require shift work to be undertaken to meet short to medium term operational needs. Shift work will only be required in the event that a Facilitative Agreement in accordance with clause 20 of this agreement has not been reached. In that event, the following provisions will apply.
18.2. Shift work may be performed in any area of NDC. Employees may be required to work on afternoon, night or Saturday shift. Ordinary hours of duty for shift work will not exceed 38 hours per week or an average of 38 hours per week over a cycle of shifts.
18.3. Afternoon shift shall be worked between 1.00 pm and 11.00 pm and staff shall be paid an additional 15% of their ordinary rate of pay for that shift.
18.4. Night shift shall be worked between 10.00 pm and 7.00 am and staff shall be paid an additional 30% of their ordinary rate of pay for that shift.
18.5. The maximum period of duty on any day (except Saturday) in which a staff member will perform shift work shall be 9 hours and the minimum period shall be 7 hours. On Saturdays the maximum period of ordinary duty shall be 10 hours.
18.6. On Saturdays staff will be paid an additional 50% for that shift.
18.7. On Sundays staff will be paid an additional 100% for that shift.
19. Shift Work - Maintenance Centres
19.1. NDC has entered into the Maintenance line of business, and has operational needs specific to that line of business. Accordingly it is intended that permanent shift work can be required in Maintenance Centres.
19.2. The nature of the Maintenance Centre environment requires 24 hour per day coverage. This will be achieved by applying rotating rosters of up to 12 hours 40 minutes duration per shift. Shifts of this duration will only be applied where the environment is suitable, and the Health and Safety of the employee can be ensured. The hours of duty will average 38 hours per week over a cycle of shifts.
19.3. Shift and weekend penalties will be averaged over the shift cycle and paid as a regular loading of 42.5% in staff members' fortnightly salaries.
19.4. Employees who take sick leave will be paid the normal Company Rate at ordinary time for the hours of the shift they would have worked had they not been on sick leave.
19.5. For the purposes of calculating the average shift penalty loading in clause 19.3, the following penalties will apply:
a) A shift worked between the hours of 7.00am and 10.00pm attracts a 15% penalty;
b) A shift worked between the hours of 10.00pm and 700am attracts a 30% penalty;
c) Saturday shift attract a 50% penalty;
d) Sunday shifts attract a 100% penalty;
e) When part of a shift is worked at a higher rate, the entire shift is payed at the higher rate.
19.6. For overtime duty performed on a Saturday, payment shall be made at the rate of 200% of the normal Company Rate at ordinary time.
19.7. Public Holiday shifts attract only a 150% penalty on the normal Company Rate at ordinary time.
19.8. Additional payment for rostered time of ordinary duty, as provided by this clause, shall be made in respect of any such duty which an employee would have performed had they not been on approved recreation leave, i.e. shift loading continues to apply whilst on Annual Leave.
19.9. The additional payment prescribed by this clause shall not be taken into account in the computation of overtime or in the determination of any allowance based upon salary.
19.10. Staff members engaged on Shift Work may be required to remain in attendance during the meal break, subject to the following conditions;
(a) Where the meal break is rostered as time of duty no additional payment shall be made.
(b) Where the meal break is not rostered as time of duty additional payment shall be made at the employees' ordinary rate of pay for the meal break. Provided that where the employee is called upon to work during the meal break, he/she shall be paid at overtime rates for the whole of the meal break.
20.1. Nothing in this Agreement shall hinder flexibility regarding hours of duty and overtime.
20.2. Management and a majority of staff at a particular work site or in an individual work group may vary normal working arrangements for that site or workgroup with the agreement of the other party. This includes varying the ordinary hours of work and the span of ordinary working hours. If so, the union at State level should be given a minimum of 14 days notice in writing of the proposed change before implementation. The union shall not unnecessarily oppose any such agreement. Either management or a majority of staff, can review arrangements established under this provision and can, subject to 14 days notice, withdraw their agreement.
20.3. The ordinary hours of work (38 hours per week) may be calculated on an average thereof provided that the weekly hours can be averaged over a cycle of no longer than 4 weeks with a minimum of 2 rostered days off in that 4 week period.
21.1. The following allowances are applicable:
(a) Wearing of Breathing Apparatus Allowance
A staff member who is required to work in areas where asbestos is evident will wear respiratory protective equipment supplied by NDC. The respiratory equipment will conform, where relevant, to the Australian Standard 1716 (Specification for Respiratory Devices).
The staff member will be paid a Breathing Apparatus Allowance at the rate of $1.38 for each hour worked in such an area.
(b) Essential Customer Servicing
(1) The allowances provided for in clause 21.1(b)(2) replace the restriction arrangements contained in clauses 24 (On-Call and Standby) and 29 (After Hours Duty Away From Normal Worksite) of the GCOE Award.
(2) In order to satisfy essential customer servicing requirements, the Company may roster a staff member to be available to respond to business needs outside ordinary hours of work.
(3) In any rostering arrangement, the Company will have regard to the staff member's ability to be at, or to remotely access, the worksite within a timeframe which meets its particular business needs. (4) The rostering of a staff member for the purposes of this clause is the responsibility of his/her manager. Eligibility for the prescribed allowance is based upon the manager expressly rostering the staff member in accordance with the provisions of this clause. The provision of a pager or mobile phone for contact purposes does not automatically attract the operation of this clause.
(5) The rostering of a staff member should be based on a weekly cycle. Rostering will be on the basis of:
(i). On-Call
A staff member who is required to remain contactable and available within a reasonable time to return to duty will be paid $7.80 per night and $18.00 per day and night.
(ii). Emergent-Call
A staff member who is required to be available and ready to return to duty within 30 minutes will be paid $15.60 per night and $36.00 per day and night.
(iii). Immediate-Call
A staff member who is required to remain at home and be ready for immediate recall to duty will be paid $6.60 per hour.
(iv). For the purposes of this clause, return to duty may either be undertaken via remote access, by providing technical advice over the telephone or a return to the worksite as the work requires.
(v). No payment shall be made to a staff member under this clause where the staff member has been appropriately rostered but does not or cannot hold himself or herself in the required degree of readiness to respond to a call to duty.
(6) In addition to the amount referred to in clause 21.1(b)(2)(D) a staff member who is required to:
(i). report to the worksite or a customer's premises - will be paid at the relevant overtime rate for actual hours worked (including travel time) subject to the minimum payment provisions contained in clause 13.4 - Overtime, Minimum Payment of the GCOE Award.
(ii). perform work at home will be paid at the relevant overtime rate for the actual hours worked subject to a minimum payment of one (1) hour.
(7) A staff member who is not rostered subject to this clause but is contacted to perform duty at home shall receive payment at double time for the actual time worked subject to a minimum payment of one hour.
(8) A staff member who is ineligible for overtime or payment for holiday work as described in clause 28 of this Agreement will not be eligible for payment under this clause.
(9) The current rest relief provisions in respect of emergency duty will apply to duty in terms of clause 21.1(b)(2)(E) performed under the Essential Customer Servicing provisions.
(10) A staff member who is called upon to perform duty at home which can be effectively performed at home but who elects to perform the work at the worksite, will only be eligible for payment as if the work was performed at home.
(c) Height Allowance
A staff member required to carry out work on a tower, mast, guy-rope and all telecommunications structures on the external faces of buildings and parapets, for a minimum of two hours in any day, shall be paid a daily Height Allowance in accordance with the following rates:
Height(m) Daily Height Allowance ($) 0 - 15 0 15 - 45 6 45 - 90 14 90 - 150 24 150+ 35
(d) First Aid Allowance
First aid attendants may be nominated at the manager's discretion in accordance with NDC's Occupational Health & Safety Policy. Nominated first aid attendants will be trained and certified to St John Ambulance Australia Senior First Aid standard or equivalent and paid an allowance of $8 per week.
(e) Temporary Assignment Allowance
Temporary Assignment Allowance will be available in accordance with the GCOE Award.
22.1. NDC staff will continue to have access to Telstra staff discounts applicable from time to time.
22.2. If Telstra is no longer a majority shareholder of NDC access to the benefits in clause 22.1 will cease. This circumstance may result in a review of the nature of the benefits provided by NDC.
23. Field Based Staff - Travel to Worksites
23.1. Field based staff are required to commence and cease duty on the job and are required to undertake such travel in their own time subject to the terms of this provision.
23.2. Staff are required to travel to and from a job in their own time for up to 30 minutes each way. Therefore, staff will not be paid for this time.
23.3. If a staff member travels for more than 30 minutes calculated in accordance with clause 23.4, then the staff member will be paid ordinary time for the travel time in excess of 30 minutes.
23.4. For the purpose of calculating the travel time in clause 23.2 the following will apply:
(a) the measurement of travel time will be based on the most direct route (regardless of the mode of transport to achieve the most direct route) between the respective points of measurement referred to in this clause. The most direct route is that which takes the shortest period of time to travel;
(b) if the staff member's usual place of residence is within the Metropolitan Boundary (see Schedule 3), and the job is within the Metropolitan Boundary, then time is measured from that place of residence to the job location (when travelling to the job) and from the job location to the place of residence (when travelling from the job);
(c) if the staff member's usual place of residence is outside the Metropolitan Boundary, and the job is within that boundary, time will be measured from the Metropolitan Boundary to the job location (when travelling to the job) and from the job location to the metropolitan boundary (when travelling from the job);
(d) if the staff member's usual place of residence is outside the Metropolitan Boundary and the job is outside the Metropolitan Boundary the time is measured from that place of residence to the job location (when travelling to the job) and from the job location to the place of residence (when travelling from the job).
24.1. Provisions for part-time employment contained in applicable Awards and other relevant Agreements will continue to apply except as provided for in this clause, clause 28 and other specific clauses in this Agreement relating to part-time employment.
24.2. This Agreement allows the employment of part-time staff in all areas of NDC. Before commencing employment, a part-time staff member will be advised in writing by NDC of the following:
* the hours to be worked by the staff member; and
* the classification or rate of pay applying to the work to be performed.
24.3. Full-time staff will not be required to change the basis of their employment to part-time. Conversion to part-time employment may however occur by agreement between the staff member and NDC. If a full-time staff member who has converted to part-time employment wishes to convert back to full-time employment, the staff member may do this subject to operational requirements.
24.4. Part-time staff will be subject to the provisions of clause 17 (Hours of Work and Related Matters) and specifically clauses 17.10 and 17.13. Where a part-time staff member works additional time, which is not overtime as defined in clause 17.13, the additional time worked will be paid for at the ordinary rate of pay.
24.5. Part-time staff will be entitled to all benefits available as specified in relevant Awards and Agreements except that they will receive accrued sick leave, annual leave and long service leave on the basis of actual hours worked excluding those hours for which an overtime penalty payment is made. Appropriate mechanisms will be agreed between the parties to this Agreement to enable the reconciliation of ordinary hours worked and leave accrual.
24.6. Part-time staff will be employed for a minimum of 3 hours on each occasion they are required to work.
25. Restrictions on Efficient and Flexible Work Practices
25.1. The parties are committed to implementing and pursuing work arrangements and practices which promote the efficient and flexible performance of work throughout NDC. One issue which has been considered for the purposes of this Agreement is the present limitation in Awards and Agreements on the number or proportion of staff NDC may employ in a particular type of employment (ie. part-time employment) and the prescriptions surrounding the manner in which staff must be employed.
25.2. This Agreement operates to override the provisions of any Award which limits the number or proportion of staff who may be employed in particular types of employment and the prescriptions surrounding the manner in which such staff must be employed. The relevant prescriptions include any restriction or limitation which inhibits the employment of part-time staff, but does not include the pro-rata benefits to which they are eligible for hours worked.
26. Staff Travel Costs and Frequent Absence Allowances
26.1. NDC will provide certain allowances in relation to Employee Travel Costs and Frequent Absences. These allowances are detailed in policies which form part of this Agreement as Schedule 4 and 5 respectively.
27.1. To avoid any uncertainty concerning application of this Agreement, the following categories of staff are excluded from its scope:
(a) Staff covered by the Telstra Senior Officers Agreement 1995; and
(b) Staff covered by the Telstra Salesforce Agreement 1995;
(c) Staff under Australian Workplace Agreements; and
(d) Staff covered by the Telstra Senior Officers/MinRates Agreement 1996.
28.1. A staff member who is above Band 8 (including on Temporary Assignment) following the certification of this Agreement will not be eligible to receive the payments prescribed in clauses 17.12 and 17.13 - (Overtime) 21.1(b)(2) - (Essential Customer Servicing), or additional payments relating to rostered work on public holidays contained in the GCOE Award or Field Based Staff - Travel to Work sites payment in clause 23 of this Agreement.
28.2. The exceptions in this clause do not apply to staff members whose job is that of a Technical Officer Specialist or a Professional Officer Specialist who is graded at Band 9 or Band 10.
Recognition
29.1. NDC recognises that there is a significant level of union membership of staff bound by this agreement and that the unions represent the industrial interests of their members.
29.2. The unions recognise that NDC has its own distinct customer focused culture and that it is a business enterprise committed to operating profitably and with a need to manage its business in a competitive international environment.
Objectives
29.3. NDC and the unions are committed to establishing and maintaining a constructive and mature relationship that will contribute to the business success of NDC, improved benefits for staff and the strengthening of Australian based information technology developments and growing the business.
The parties commit themselves to a consultative approach in order to achieve this objective including negotiation in good faith on matters of legitimate concern to staff pertaining to the employer-employee relationship.
Right of entry of union officials
29.4. NDC recognises the right of authorised officers of the unions to enter prescribed premises of NDC in accordance with Division 11A of Part IX of the Act.
Authorised officers of the unions exercising this right shall not hinder or obstruct a staff member or the employer in the performance of work during working time.
For and on behalf of Network Design and Construction Limited Dated of December 2000
For and on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Dated of December 2000
For and on behalf of the Community and Public Sector Union Dated of December 2000
For and on behalf of the Association of Professional Engineers, Scientists and Managers, Australia Dated of December 2000
RELEVANT AWARDS
1. Telstra/CPSU (Consolidated) Award 1996.
2. Australian Telecommunications Commission Telecommunications Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 1975.
3. AOTC/APTU Award 1993.
4. Telstra/APESMA Award 1995.
5. Telstra General Conditions of Employment Award (GCOE) 1998.
Schedule 1 - Salary Arrangements
BANDS Company Rate -
1st Pay Period after 15/4/2000 1st Pay Period after 15/4/2001
12 $79123 $82,288
11 $72,147 $75,033
10 $67,080 $69,763
9 $63,544 $66,086
8 $58,552 $60,894
7 $52,312 $54,404
6 $50,180 $52,187
5 $48,048 $49,970
4 $42,536 $44,237
3 $39,156 $40,722
2 $36,296 $37,748
1 $30,056 $31,258
Entry
Level N/A $26,000*
*This rate shall apply from the Commencement Date of this Agreement.
Traineeships
Trainee - 1st Year
$18,034
$18,755
Trainee - 2nd Year
$24,045
$25,007
Schedule 2 - Professional Officer Career Stream
Principles for Progression
Engineering staff employed in the Professional Officer Career Stream will:
(a) progress annually through the Bands, 3, 4, 6 and 8 in the table below through the Performance Review Development Process (with progression through the Bands dependant upon a rating of "satisfactory" or better than "satisfactory");
(b) progress beyond Band 8 to Senior Professional Officer rating on the basis of merit selection.
(c) The table below represents the career progression available to Professional Officers through the Professional Officer Career Stream.
(d) Undergraduate engineering students who are obtaining industrial experience, will be employed at Bands 1 or 2 in accordance with the requirements specified in the relevant Representative Job Descriptions.
Professional Officer Career Stream Table Professional Officer Career Stream Band Applicable To Company Rate 1st Pay Period after 15/4/2000 Company Rate 1st Pay Period after 15/4/2001 Undergraduate Band 1 Undergraduate Engineers $30,056* $31,258 Undergraduate Band 2 Undergraduate Engineers $36,296* $37,748 Professional Officer Band 3 New Recruits $39,156 $40,722 Professional Officer Band 4 Annual Progression $42,536 $44,237 Professional Officer Band 6 Annual Progression $50,180 $52,187 Professional Officer Band 8 Annual Progression $58,552 $60,894 Professional Officer Band 10 Merit Selection $67,080 $69,763 Professional Officer Band 12 Merit selection $79,123 $82,288 Senior Professional Officer Merit Selection $82,907 $86,223 * This rate shall apply from the Commencement Date of this Agreement. Note 1: Number in brackets refers to Professional 1 increment point Note 2: The 2nd Increase applies 12 months from the Commencement Date
Schedule 3 - Metropolitan Boundaries
Major arterial boundary points for metropolitan areas BRISBANE Roads: NORTHERN: * Includes Burpengary. Boundary where the Bruce Hwy is crossed by Uhlmann Rd * Includes Ocean View. Boundary from Mt Mee & Sellin Rds * Includes Mt Glorious WESTERN: * Includes Brassall. Boundary from Cnr Ironbark Rd and Brisbane Valley Hwy & from Cnr Spresser Rd and Warrego Hwy * Includes Yamanto. Boundary from Cnr Middle Rd and Cunningham Hwy SOUTHERN: * Includes Cedar Grove. Boundary where Mt Lindesay Hwy is crossed by Cedar Grove/Cedarvale Rd * Includes Tamborine. Boundary from the junction of Beenleigh/Beaudesert Rd and Tamborine Mountain Rd * Includes Ormeau. Boundary from the Pacific Hwy turnoff to Pimpama/Jacobs Well Rd SYDNEY Roads: * F3 at Edgeworth David Ave, Hornsby * Pacific Hwy at Galston Rd, Asquith * Northern Rd at Galston Rd, Dural * Windsor Rd at Garfield Rd, Box Hill * Richmond Rd at Garfield Rd, Marsden Park * Great Western Hwy at Mamre Rd, St Marys * M4 at Mamre Rd, St Marys * Elizabeth Dr at Mamre Rd, Kemps Creek * M5 at Camden Valley Way, Edmondson Park * Camden Valley Way at Hume Hwy, The Crossroads * Hume Hwy at Camden Valley Way, The Crossroads * Princes Hwy at Heathcote Rd, Heathcote Railway Stations: * Hornsby * Riverstone * St Marys * Glenfield * Heathcote MELBOURNE Roads: * Princess Highway NE of Hacketts Lane * Western Highway E of Hopkins Lane * Calder Highway SE of Holden Road * Sunbury Road SE of Batey Court * Hume Highway S of Mr Ridley Road * Merriang Road S of Grant Road * Plenty Road S of Bridge Inn Road * Diamond Creek Road SW of Wilson Road * Main Road (Eltham) SW of Kangaroo Ground - Warrandyte Road * Warrandyte Road W of Jumping Creek Road * Maroondah Highway W of Oban Road * Burwood Highway W of Scoresby Road * Mulgrave Highway NW of Police Road * Princes Highway NW of Chandler Road * Nepean Highway NW of Beach Road Railway Stations: * Hoppers Crossing * Deer Park * Sydenham * Craigieburn * Diamond Creek * Ringwood East * Heathmont * Noble Park * Mordialloc ADELAIDE Roads: * Port Wakefield Road at Montague Road, Cavan * Main North Road at Montague Road, Pooraka * One Tree Hill Road at Crouch Road, Golden Grove * The Grove Way at Bridge Road, Golden Grove * Main North East Rd at Perseverance Road, Tea Tree Gully * Lower North East Rd at Perseverance Road, Hope Valley * Gorge Road at Bermuda Circuit, Athelstone * Montacute Road at Maryvale Road, Montacute * Norton Summit Road at Old Norton Summit Road, Norton Summit * Greenhill Road at Summit Road, Summertown * Piccadilly Road at Old Mt Barker Road, Crafters * Southeast Freeway at Old Mt Barker Road, Stirling * Mt Barker Road at Strathalbyn Road, Stirling * Longwood Road at Heather Road, Stirling * Ironbark Road at Cherry Gardens Road, Ironbark * Main Road at Cherry Gardens Road, Coromandel Valley * Flagstaff Rd at Black Road, Flagstaff Hill * Main South Road at Black Road, Darlington * Southern Expressway at Majors Road, Seaview Downs * Ocean Boulevard at Majors Road, Seaview Downs * The Cove Road at Westcliff Circuit, Hallett Cove PERTH Roads: * Marmion Avenue at Warwick Road, Marmion * Mitchell Freeway at Warwick Road, Warwick * Wanneroo Road at Warwick Road, Warwick * Mirrabooka Ave at Marangaroo Road, Girrawheen * Alexander Drive at Marangaroo Road, Ballajura * Beechboro Road North at Marshall Road, Beechboro * West Swan Road at Reid Highway, Caversham * Great Northern Highway at Middle Swan Road, Midland * Toodyay Road at Roe Highway, Midland * Great Eastern Highway at Roe Highway, Bellevue * Kalamunda Road at Roe Highway, Maida Vale * Tonkin Highway at Roe Highway, Wattle Grove * Tonkin Highway at Kelvin Road, Maddington * Albany Highway at Kelvin Road, Maddington * Spencer Road at Burslem Road, Thornlie * Ranford Road at Warton Road, Canning Vale * Nicholson Road at Ranford Road, Canning Vale * Karel Road at Hope Road, Jandakot * Kwinana Freeway at Barrigan Drive, South Lake * North Lake Rd at Barrigan Drive, South Lake * Stock Road at Phoenix Road, Hamilton Hill * Carrington Street at Rockingham Road, Hamilton Hill * Rockingham Road at Phoenix Road, Hamilton Hill * Cockburn Road at Rockingham Road, South Fremantle
Schedule 4 - Employee Travel Costs Allowance
1. Purpose This policy document governs the Employee Travel Costs Allowance. 2. Scope This policy applies to NDC employees covered by the Network Design and Construction 2000/2001 Enterprise Agreement. This policy applies only to travel within Australia and its territories. This policy applies to employees on short term transfers for periods of up to three months unless otherwise stated. The principles prescribed in the previous Telstra Travelling Allowance Policy (006394) will continue to apply to all medium/longer term transfer which extend beyond three months, until reviewed. This policy does not apply to employees who are transferred at their own request. 3. Authority This policy replaces the Telstra Travelling Allowance Policy (006394) in its entirety other than for those employees on medium/longer term transfers. 4. Responsibilities 4.1 Delegate 4.1.1 Before Authorisation is given to travel; * Considering alternative arrangements to the transfer of an employee as part of their resource management responsibilities; and * Considering whether the transfer will, or is likely to, extend beyond three months; and * Evaluating the cost effectiveness of daily versus overnight travel; and * Making a balanced judgment whether an employee would be required to be absent overnight for operational reasons having regard to all factors including: ( normal period of absence from home and mode of travel at usual station; ( amount of additional travelling time involved; ( the duration of the transfer; ( traffic and road conditions; ( health and safety of employees; ( prevailing weather conditions; ( the suitability/availability of temporary accommodation; ( urgency of projects and operational requirements; ( whether the absence from home is expected to be for more than 12 hours.
4.1.2 Once satisfied that overnight travel should be approved;
* Authorising the period of transfer in the NDC approved format; and
* Authorising the mode of travel to and from the temporary work location; and
* Determining the employee's return home arrangements for the period of transfer; and
* Advising the employee of their rostered return home arrangements prior to transfer and arranging advance payment of the allowance where requested by the employee; and
* In borderline cases, detailing the reasons for decision for audit purposes.
4.1.3 At the conclusion of the period of transfer;
* Ensuring the employee has submitted an NDC approved allowance claim for the approved period of transfer in order to recover any outstanding advance amount; and
* Approval claims once satisfied that the employee was absent in accordance with the approved travel arrangements and that associated costs have actually been incurred. If in doubt as to the validity of a claim the delegate may wish to sight evidence of accommodation expenditure, or check with the accommodation establishment the employee is purported to have stayed in overnight, before approving, varying or rejecting the claim.
4.2 Employee
To be eligible for payment of Employee Travel Costs Allowance, the employee must:
* Be authorised to travel by the delegate; and
* Be absent overnight in accordance with the approved travel arrangements; and
* Actually incur costs directly associated with the period of travel; and
* Submit a claim for the allowance to the delegate within one month of the conclusion of their transfer.
5. Delegations
The authority to approve short term transfers, subsequent Employee Travel Costs Allowance claims and fixation of home address is a line management delegation.
6. General Principles
Where upon approval, an employee is absent from home overnight whilst travelling on duty, or whilst on short term transfer (ie less than three months) at a temporary work location, the employee will be eligible to be reimbursed for costs actually incurred for accommodation, meals and incidentals in the form of a flat "per night" rate of allowance.
However, where an employee's work is of an itinerant nature (ie working from place to place on a continuing basis) and their temporary work location may vary at short notice which would necessitate a change in accommodation, the delegate may approve payment of the allowance beyond three months.
As a guide to delegates, employees who are expected to be absent from home for more than twelve hours should normally be given approval to remain overnight at their temporary work location.
To limit the social impact of employees being away from family and friends for extended periods, NDC will, where practicable, pay for the weekly weekend return visits of employees to their home. Where weekly return visits or return visits of other intervals are impracticable, NDC will pay for the return of employees to their home every fourth weekend regardless of cost.
7. Policy
7.1 Eligibility
Employees are eligible for Employee Travel Costs Allowance where an authorised transfer from home extends overnight and costs directly associated with the period of travel are incurred.
The determination of home address should not be artificial or contrived to ensure an Employee Travel Costs Allowance eligibility.
An authorised transfer is one which:
* Is approved by the delegate in the standard corporate formal; and
* Authorises the employee to enter into accommodation at the temporary work location, whilst in transit to, or from, this location; and
* Details the rostered return to home arrangements during the term of the transfer; and
* Remains effective the for duration of the transfer unless varied by the delegate.
7.2 Rate of Allowance
The rates of Employee Travel Costs Allowance are reviewed by a Joint Council Sub Committee for Travelling Allowance in May and December each year.
These rates are considered as being "reasonable" by the Australian Taxation Office. NDC is not, therefore, required to deduct income tax or disclose payments on employee group certificates.
7.3 Capital City/Elsewhere Definition
Melbourne 50km radius of GPO Sydney 029 telephone code area Brisbane As defined by Brisbane City Council Adelaide 08 telephone code area pre eight digit numbering Perth 09 telephone code area pre eight digit numbering Hobart Australian Standard Geographical Classification Darwin N/A Canberra N/A Elsewhere Any location other than the above
7.4 Payments
Provided costs are actually incurred, an eligible employee is eligible for Employee Travel Costs Allowance at the prescribed nightly rate for each overnight absence from home, travelling to, or whilst at the temporary work location.
Employees are not eligible for Employee Travel Costs Allowance payments for:
* Part days, or where an overnight absence from home is not involved; or
* Overnight absences away from home when rostered to return home; or
* Beyond, or likely to exceed a continuous period of three months at a single temporary work location unless otherwise provided for in this policy.
Delegates must only approve claims for Employee Travel Costs Allowance where they are satisfied that:
* They have authorised the travel arrangements; and
* The employee has actually spent the night/s away in accordance with the approved travel arrangements; and
* Associated costs have actually been incurred.
Note: If in doubt as to the validity of a claim the delegate may wish to sight evidence of accommodation expenditure, or check with the accommodation establishment the employee is purported to have stayed in overnight, before approving, varying or rejecting the claim.
Employees unable to secure suitable overnight hotel/motel style accommodation due to the location and nature of their work (eg "light" campers) are required to make a subsidy of 10% of the applicable nightly rate of allowance to contribute to the acquisition, repairs and maintenance of Telstra equipment provided to assist with employees living conditions in these situations.
Employee Travel Costs Allowance claims forms are to be submitted for payment to Employee Relations Payroll Services in the NDC approved format immediately upon the conclusion of the transfer or fortnightly pay period. In order for payment to be made, claims must be accompanied by a Travel Approval form that corresponds to, or encompasses, the claim period.
7.5 Periodical Return to Home
NDC is mindful of the social impact of employee being away from family and friends for extended periods.
Delegates approving short term transfers will therefore attempt to organise work rosters to ensure that all employees have the opportunity to return home on weekends, except where the distances or remoteness of the temporary work location make it impractical or unsafe to do so.
Employees travelling on a continuing basis (ie over weekends and/or public holidays) shall be subject to an approved roster which must detail the weekends that they are to return home.
In developing the roster, the delegate shall take into account:
* Where employees are working in a group the return home roster will apply to the group as a whole; and
* The practicality of returning employees to home, having regard to the savings in Employee Travel Costs Allowance and the cost of vehicles, fares, excess travelling time, overtime or any other cost involved over the period of the roster; and
* The health, safety and work performance factors associated with travel to and from home (including the need to limit excessive out of hours travel); and
* The general wishes of the work group.
The following principles will also apply:
* Remote area packages (rosters) for NDC employees will still be available;
* The use of facilitative agreements where applicable to avoid excessive out of hours travel to and from home;
* NDC will pay for the cost of transport and any excess travelling time or overtime involved in travel from and to the temporary work location where applicable;
* An NDC vehicle must be driven by a licensed employee where available for use;
* An employee will be eligible and expected to return home, every fourth weekend of a short term transfer, regardless of cost, provided they had not returned home at NDC expense at any time during the previous four weeks;
* An employee will otherwise be eligible to be returned to home by agreement between management and the employee at NDC's expense where the cost of such return home is not more than the Employee Travel Costs Allowance otherwise payable. Should an employee be returned home under the arrangement referred to in this paragraph then such employee will not be eligible for any payment other than that agreed.
Employees are not prevented from returning home at weekends in their own time/expense where it is determined that it is not practicable for NDC to pay for their return. In these circumstances Employee Travel Costs Allowance is not payable for the period the employee is absent overnight from their temporary work location.
NDC will not authorise an employee's return home where travel involved may affect the employee's work performance, health and/or safety. NDC will not partially pay for an employee's return home.
7.6 Advance of Allowance
The delegate may grant an employee covered under this policy an advance payment of 100% of the amount likely to be payable for Employee Travel Costs Allowance in order to meet immediate travel costs. No greater than four (4) weeks Employee Travel Costs Allowance should be advanced at any stage.
In order for any advance payment to be acquitted an Employee Travel Costs Allowance claim will be required to be submitted by the employee within one month of the end of the period of travel to which the advance payment relates.
An advance payment will be recovered in full from the employees salary, if
* after the one month period mentioned in the previous paragraph has elapsed; and
* the delegate and employee have been formally notified that the advance is still outstanding; and
* agreement has not been previously reached between the delegate and the employee to a recovery rate; and
* the advance is not, as soon as practicable, acquitted by a claim.
7.7 Temporary Work Location Accommodation
Employees on short term transfer should, upon arrival at their temporary work location, endeavour to secure reasonable standard accommodation appropriate to the duration of their transfer and within reasonable proximity to their work location.
Employees may choose accommodation as they wish, however, any accommodation entered into must take into account the nightly allowance rate applicable to that work location and should not as a general principle give rise to a claim for insufficient allowance.
A list of discount accommodation establishments is available on NDC's Intranet HR Home Page (CSD50388 and CSD50665). These accommodation providers will provide discounted accommodation rates for business as well as private use of NDC employees and their immediate families.
7.8 Insufficient or Excessive Allowance
Where the delegate is satisfied that the payment allowable to the employee for the duration of the short term transfer is insufficient to cover expenses that have been, or are likely to be reasonably incurred, the delegate may authorise payment in excess of the prescribed nightly rate.
Each claim for payment of increased allowance must be fully supported by receipts/supporting documentation that itemise the amounts expended on accommodation and subsistence.
The costs incurred over the full period of travel to which the claim relates must be greater than the amount of Employee Travel Costs Allowance paid for the same period in order to establish an eligibility for additional allowance.
Where the delegate is satisfied that the amount allowable to the employee for the duration of the short term transfer is excessive, the delegate may direct that the employee be reimbursed actual costs incurred, in lieu of the nightly allowance, to meet the employee's travel expenses.
7.9 Mode of Travel to Temporary Work Location
Employees on short term transfer are required to travel to their temporary work location by the most expeditious means of transport approved by the delegate.
However, the delegate may approve travel to the temporary work location by other means, provided the total amount payable does not exceed the amount that would be payable had the most expeditious means of transport been used.
This clause should be read in conjunction with NDC Travel Arrangements Policy.
7.10 Determination of Allowance Whilst Travelling
The rate to be paid per overnight absence is dependent upon the location an employee spends each particular night in temporary accommodation.
Where an employee is accommodated overnight in an establishment within the area defined as a capital city, the employee will be paid at the particular capital city rate for that night. If the overnight absence is anywhere but in an area defined as a capital city, the "elsewhere" allowance rate will apply.
7.11 Allowance Where Accommodation and/or Meals Provided
Employee Travel Costs Allowance is not payable for periods where an employee is provided with accommodation and/or meals at NDC expense.
In these circumstances, employees may be reimbursed, upon production of receipts documentation, personal expenses incurred for accommodation, meals and/or incidentals up to the limits prescribed. Incidental expenses should only be reimbursed for items such as telephone calls and laundry where they are necessary and reasonable.
Where on site motel style accommodation is provided to the staff member by an NDC customer, the incidental and/or meals component only of ETCA will be paid as applicable.
7.12 Transfer of Family to Temporary Work Location
The cost of transferring an employee's family to a temporary work location will only be borne by NDC where the transfer is for, or may extend, beyond three (3) months.
7.13 Overtime Meal Allowance Payments
Employees are not eligible for overtime meal allowance payments for any periods during which Employee Travel Costs Allowance is also payable.
7.14 Allowance Payments During Leave
Employees are not eligible for Employee Travel Costs Allowance during periods of leave with or without pay.
However, where an employee is unable to return home due to illness, Employee Travel Costs Allowance will continue to be payable provided the employee remains at the temporary work location and continues to incur costs for meals and accommodation. Arrangements should be made to return the employee to their home where an illness is likely to prevent an employee from working for a week or more.
7.15 Employee Promoted or Permanently Transferred to Temporary Work Location
Where an employee in receipt of Employee Travel Costs Allowance is promoted to a work assignment in the same locality to which they had previously been temporarily transferred, payment of the allowance shall cease from the date the promotion is confirmed.
Where an employee is permanently transferred to a work locality to which they were formerly on short term transfer and in receipt of Employee Travel Costs Allowance, payment of the allowance will cease from the date the employee is notified in writing that their permanent transfer is approved.
Where an employee is transferred to a locality with a view to promotion or permanent transfer in the short term future they will be eligible for transfer expenses in accordance with expenses in accordance with the NDC relocation policy. There is no eligibility for Employee Travel Costs Allowance.
Any claim for expenses beyond these dates is covered by the NDC Relocation Policy.
7.16 Employee Travel Costs Allowance and District Allowance
An employee in receipt of Employee Travel Costs Allowance on a short term transfer to a locality which attracts a district allowance is not eligible for payment of that district allowance.
7.17 Fraudulent Claims
Employees found to be submitting fraudulent travelling allowance claims will be subject to NDC's disciplinary provisions.
Schedule 5 - Frequent Absence Allowance
1 Purpose
This policy document governs the Frequent Absence Allowance.
2 Scope
This policy complements the operation of NDC "Employee Travel Costs Allowance" policy (Schedule 4 to the Network Design and Construction Limited 2000/2001 Enterprise Agreement).
This policy only applies to employees in receipt of the Employee Travel Costs Allowance who due to the nature of their work are required to be absent from home for frequent periods.
3 Policy
3.1 Delegations
The delegate with the authority to approve Employee Travel Costs Allowance claims is also the authority to approve payment of this allowance.
3.2 Eligibility and Payment of Allowance
To be eligible for payment of the allowance employees must be in receipt of the Employee Travel Costs Allowance for a minimum of 14 nights in a "rolling" 28 night period.
Upon attaining the minimum requirement, employees are eligible for payment of the allowance for 14 nights and for each subsequent night, up to a maximum of 28 nights in any corresponding period.
The total number of nights for which the allowance is paid cannot exceed the number of nights the Employee Travel Costs Allowance is paid for the identical period.
However, where an employee:
* is not in receipt of Employee Travel Costs Allowance on a public holiday(s); and
* the public holiday(s) would be regarded as an ordinary working day but for the public holiday occurring; and
* the public holiday(s) is within the travel period or, ignoring RDO's, flex days and weekends, public holiday(s) is immediately on either side of the travel period;
the public holiday(s) is to be regarded as counting toward the qualifying period for this allowance, but not for payment purposes.
As an example, where an employee:
* has two ordinary work day public holidays within, or on either side of the travel period; and
* the employee does not receive Employee Travel Costs Allowance on the public holidays; and
* the employee was paid 12 nights Employee Travel Costs Allowance during the 28 night rolling period;
the employee is eligible to have the two public holiday added to the qualifying period thus achieving the minimum 14 nights in 28. The employee will however only be eligible for 12 nights payment of the allowance ie, equating to the number Employee Travel Costs Allowance nights paid.
In the case above, if only one public holiday fell within, or on either side of the travel period and the employee had been paid only 12 nights Employee Travel Costs Allowance during this period, the employee would only be credited with 13 nights in 28 thus not reaching the minimum qualifying standard. The employee would not therefore be eligible for any Frequent Absence Allowance payment.
3.3 Rate of Allowance
The rate of the Frequent Absence Allowance will be varied annually by NDC in line with the variation to the incidental component of the Employee Travel Costs Allowance.
3.4 Payment Arrangements
For employees on EWR/TAPS, the system will automatically calculate the Frequent Absence Allowance payable and pass this to the payroll system.
For employees not on EWR/TAPS, managers will be required to monitor Employee Travel Costs Allowance payments and manually calculate the applicable Frequent Absence Allowance payment.
To effect payment of the allowance, an NDC approved claim form will need to be completed and forwarded to the payroll system.
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