TELSTRA CORPORATION 1998/2000 ENTERPRISE AGREEMENT
Ratified 21-12-98 Version 27/10/1998 11am
This Agreement will be known as the Telstra Corporation 1998/2000 Enterprise Agreement.
2. PARTIES BOUND AND APPLICATION
2.1 This Agreement is binding on:
(a) Telstra Corporation Limited (ACN 051 775 556), (the
"Company");
(b) the unions referred to in clause 2.2; and
(c) all staff members who are employed by the Company in the
classifications specified in the Awards listed in Attachment 1
with the exception of staff employed in the Network Design &
Construction Business Unit.
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);
* Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union (AFMEPKIU).
3.1 The certification and operation of this Agreement are conditional upon the approval of the Telstra Customer Field Workforce Agreement 1998.
3.2 This Agreement replaces and wholly supersedes the following Enterprise Agreements;
(a) AOTC Limited Enterprise Agreement - An Agreement for
Business Improvement and Future Growth 1993,
(b) AOTC Limited Enterprise Agreement - An Agreement for
Business Improvement and Future Growth 1993 (Previous OTC),
(c) Telstra Corporation 1994/95 Enterprise Agreement, and
(d) Telstra Corporation 1995/97 Enterprise Agreement.
3.3 Subject to relevant legislative provisions, this Agreement overrides the operation of any Award or Agreement binding on the Company to the extent of any inconsistency.
3.4 The Company may enter into an Australian Workplace Agreement
(AWA) with any staff member covered by this Agreement. However:
(a) no staff member will be required to enter into an AWA for
their existing job or for a job to which they are transferred or
promoted and will have the choice of accepting or rejecting the
AWA;
(b) existing staff members who are party to AWAs will, on expiry
of those AWAs, 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.
3.5 An Agreement made between the Company and any of the unions party to this Agreement and certified subsequent to, but during the period of operation of this Agreement, may override this Agreement (in whole or in part). Accordingly, this Agreement permits such a subsequent Agreement to apply without exclusion over any of the matters already addressed in this Agreement.
3.6 The parties are committed to the implementation and operation of this Agreement. Accordingly, each party acknowledges that it will not challenge or in any way call into question the making and/or certification, validity or enforceability of this Agreement or the Telstra Customer Field Workforce Agreement 1998/2000 in proceedings before any Court or tribunal.
The nominal expiry date of this Agreement is 24 months following the date of certification.
The parties recognise that the Telecommunications Industry is becoming more competitive and continues to be subject to significant change.
Against this background, the Company remains committed to providing secure employment for staff in a manner consistent with prudent management.
The Company acknowledges that some business decisions will impact on staff members' personal and working lives and is committed to minimising any adverse impact to the extent practicable. The following Consultative Arrangements will assist in this.
6.1 Where the Company proposes to introduce significant business initiatives or major changes which have a demonstrable impact on staff (including Company policy which 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 the Company's workforce or in the skills required, the elimination or diminution of job opportunities.
6.2 The Company will consult with the staff members affected and their union(s) on the introduction of the changes referred to in clause 6.1, 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, the Company will give consideration to matters raised by the staff members and/or the union(s) in relation to the changes and give reasons for its decisions.
7. DISPUTE AVOIDANCE/RESOLUTION PROCEDURE
7.1 The parties are committed to avoiding industrial disputation.
7.2 The Company 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 members and managers.
7.3 Where 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, i.e. within two (2) working days. The Company acknowledges the right of staff 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.
7.4 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.
7.5 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 Head of the
Business Unit and the General Manager-Employee Relations of the
particular Business Unit (or to the Director of Industrial
Relations for matters impacting the wider Company) and principals
of the union for resolution within five (5) working days.
During the period referred to in clauses 7.1 to 7.5 inclusive,
normal work will continue and the Company will not implement the
matters in dispute. After completion of these steps, the Company
may implement the matters in dispute without prejudice to the
final resolution of the matter.
7.6 If the matter still remains unresolved, the parties may refer it to an agreed mediator which may be the Australian Industrial Relations Commission ("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.
7.7 The parties agree that the Director of Industrial Relations and the relevant union officials may agree to waive these time limits 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.
7.8 Nothing in these procedures will:
(a) prevent any party from exercising its rights under the
Workplace Relations Act 1996 (the "Act"); or
(b) prejudice the position of a party in a genuine health and
safety situation.
8. GRADING AND CLASSIFICATIONS
8.1 Introduction
8.1.1 Over the life of this Agreement, and subject to the
provisions of this clause, the parties agree to introduce a single
Telstra job evaluation and classification system on the basis that
the existing work evaluation and classification systems will be
replaced progressively by that system. Existing relevant
classification systems will remain in operation until replaced by
the single classification system through the introduction of
Workforce groupings (workstreams).
8.1.2 The first workstream to be introduced will be the Customer
Field Workforce and it will be the subject of a separate Workforce
Agreement. The introduction of the Telstra job evaluation and
classification system with other workstreams will also be covered
by separate Workforce Agreements.
8.1.3 The parties agree to three or more workstreams (e.g.
Customer Field Workforce, Call Centre Workforce, Support
Workforce).
8.1.4 Where the parties agree to move a group of staff who are not
covered by an existing workstream into an existing workstream, the
proposal will be subject to a valid majority vote of the staff to
be moved in a ballot conducted by the Company.
8.2 Definitions
8.2.1 Band is the classification level of a job, and/or its
occupant, within a workstream.
8.2.2 Benchmark Jobs are graded and placed into Bands by the
Telstra job evaluation and classification system using agreed job
descriptions; and serve to both align particular job duties and
Bands for the life of the relevant Workforce Agreement, and to
guide evaluators in determining the appropriate Band for new or
substantially altered jobs.
8.2.3 Company Rate is the agreed ultimate annual salary rate for
jobs within a Band.
8.2.4 Customer Field Workforce is the Company's workstream
comprised of the staff defined in the Customer Field Workforce
Agreement and covers all staff in current job classifications that
translate to that workstream.
8.2.5 Range is the job evaluation and classification system's
point score range which defines the upper and lower points limits
for a Band in the Workstream.
8.2.6 Telstra Job Evaluation and Classification System is the only
grading system that will apply to jobs in the Company covered by
Workforce Agreements. It will involve agreed Telstra Benchmark
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 Footnote)
Footnote: A copy of the current Telstra Job Evaluation and
Classification System will be tendered as an exhibit in Commission
proceedings for the certification of this Agreement.
8.2.7 Workstream is a defined group of staff working in jobs which
are operationally and organisationally associated within the
Company, which will include Customer Field Workforce, Call Centre
Workforce and Support Workforce.
8.2.8 Workforce Agreement is a separate Certified Agreement made
in accordance with the provisions of clause 8 of this Agreement
for the purpose of implementing the Telstra job evaluation and
classification system.
8.3 Principles for the Introduction of Workstreams
8.3.1 There will be at least three workstreams, Customer Field
Workforce, Call Centre Workforce and Support Workforce, covered by
separate Workforce Agreements.
8.3.2 Telstra's job evaluation and classification system framework
allows for twelve (12) bands. Each workstream will operate within
the twelve bands structure; however, dependent upon the particular
workstream, not all bands will necessarily be used. The number of
bands within each workstream will be determined at the time the
workstream is established. Should, as provided for in clause
8.1.4, additional staff be integrated into one of the established
workstreams, the relevant banding will be reviewed and increased
to twelve if necessary.
8.3.3 Each band will have agreed representative Benchmark Job
Descriptions. There may be more than one Benchmark Job
Description for each band. The Benchmark Job Descriptions will
form part of the relevant Workforce Agreement.
8.3.4 As part of the job establishment and classification process,
Company managers will design any new jobs that will go into
established workstreams. Should the parties to the relevant
Workforce Agreement 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 Telstra's job evaluation and classification system, a
Company 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 the Workforce
Agreement without recourse to any further review or appeal.
8.3.5 Benchmark Jobs 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 Workforce Agreements.
8.3.6 Movement of a staff member to a higher band will be on the
basis of merit selection.
8.3.7 Each band used within a workstream will have at least one
salary point which will be known as the Company rate.
8.3.8 The move to the Company rate from the relevant existing
incremental salary structure may occur in more than one step
(transition rate), with details of arrangements to be indicated in
Workforce Agreements. There are no automatic annual salary
increments in the banded classification arrangements provided for
by this Agreement.
8.3.9 The Company rate of salary (and the appropriate transition
rate) for the bands in the various workstreams will be specified
in the Workforce Agreements.
8.3.10 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.
8.3.11 Where a staff member's actual salary is more than the
Company rate following translation to a new workstream, his/her
salary will not be increased until the Company rate equates or
exceeds his/her salary. However:
(a) from the date on which a salary increase would otherwise be
due, the staff member will be paid a fortnightly payment equal to
the amount (in percentage terms) of the increase applied to the
Company salary rate in accordance with the terms of the Workforce
Agreement;
(b) the fortnightly payment referred to in clause 8.3.11(a) above
will:
(i) be based on an annual amount calculated by applying the
percentage referred to in that clause to the staff member's actual
salary; and
(ii) continue to be paid, including during periods of paid leave,
until the date on which the applicable Company rate equates or
exceeds the staff member's actual salary; and
(c) the staff member's salary, i.e. actual annual salary excluding
any amounts paid fortnightly in lieu of a salary increase, will be
their salary for all other purposes.
8.3.12 Each Workforce Agreement will permit the working of shift
work.
8.3.13 The following principles will underpin the development of
new workstreams (i.e. Call Centres, Support):
* The introduction of and translation to any new salary structure
will not result in:
- an overall reduction in the total salary bill for the
affected group of employees (based on the equivalent number of
employees); or
- a reduction in an individual staff member's existing salary.
* The placement of jobs within the bands and translation of
staff will be undertaken with the aim of minimising as far as is
practicable the number of employees whose salary will exceed the
Company rate.
*
Where particular requirements have been developed and are in
regular use for a group of employees covered by the workstream,
these requirements will be used as a substantial input into the
grading of jobs. This is particularly necessary where the current
job descriptions are generic in nature.
* Benchmark jobs will be finalised and agreed prior to the
introduction of each Workforce Agreement.
8.4 Telstra Customer Service Representative Competency Based
Training and Pay Structure Agreement 1996
8.4.1 The Telstra Customer Service Representative Competency Based
Training and Pay Structure Agreement 1996 (CBT Agreement) will
cease on the 18th December 1998.
8.4.2 From the date of certification of this Agreement (the
"relevant date"), the interim Salary Increment Review process
outlined in clause 8.4.3 will apply until the Call Centre
Workforce Agreement is certified or until the nominal expiry date
of this Agreement, whichever is the earlier.
8.4.3 Staff members in ongoing Customer Service Representative
(CSR) assignments as at the relevant date who were eligible for
incremental salary progression under the CBT Agreement as at 17
December 1998 will, subject to fully satisfactory performance as
determined by the Performance Review and Development Process
(PRDP), have one increment approved (refer Attachment 5) on the
following basis:
(a) staff members whose last salary increment was more than
twelve months prior to the relevant date will be eligible for the
increment effective from the relevant date;
(b) staff members who have received a salary increment during
the twelve months immediately prior to the relevant date will be
eligible for the increment on the first anniversary of their last
increment.
8.5 Telstra/CEPU Operator/Consultant Job Work Design Review
Agreement 1997
8.5.1 The following provisions of the Telstra/CEPU
Operator/Consultant Job Work Design Review Agreement 1997 (JWDR
Agreement) shall continue to operate until the certification of
the Call Centre Workforce Agreement or the nominal expiry date of
this Agreement, whichever is the earlier, unless otherwise agreed
between the parties:-
* Remuneration arrangements, being both salaries and increment
advancement, consistent with clause 13.2(b) below. (See also
clause 13.1 below and Attachment 5.)
* Classification structures
* Supervisory ratios
* Recruitment and Selection arrangements
* Rest break provisions
* Meal break provisions
* Competency attainment and assessment
* Job Share
* 9 Day Fortnight
* National Traffic Handling
8.5.2 The hours of duty provision in the JWDR Agreement, being 36
3/4 hours per week, is now dealt with in clause 10 of this
Agreement.
8.6 Operators/Consultants - Rostering and Scheduling Arrangements
The Company and the CEPU agree to immediately jointly review in
good faith, the current rostering and scheduling arrangements in
the Operator/Consultant areas of Operator Assisted Services,
Commercial &Consumer Faults and Business & International Faults
with the view to reaching agreement on more effective methods of
achieving improved customer response whilst meeting the needs of
staff.
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 by the Telstra Corporation General Conditions of Employment Award 1998 ("GCOE Award".)
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