10. HOURS OF WORK AND RELATED ARRANGEMENTS

10.1 Introduction
10.1.1 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 the Company's managers and staff members.
10.1.2 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.
10.1.3 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 members. The discussion with staff members will have regard to their individual preferences and family responsibilities. Outcomes will be distributed fairly across the work group.
10.1.4 Within the framework described, staff members' access to arrangements that give flexibility to both work and the individual will continue to operate.

10.2 Ordinary Hours of Work - Non-Shift Workers
10.2.1 (a) Ordinary hours of work for full-time staff members will be 363/4 hours per week Monday to Friday except as otherwise provided for by clause 10.2.1(d). (See also clause 10.2.3)
(b) Ordinary hours may be worked in any pattern which provides for an average of 363/4 hours per week. However, areas of the Company which currently operate under the Flexible Working Hours Scheme (based on 7 hours 21 minutes per day) or a nine-day fortnight (consisting of 8 hours 10 minutes per day) will continue to have access to those arrangements in a manner consistent with this Agreement and, in particular, the provisions of clause 10.6.
(c) For part-time staff members, the hours of work will be less than 363/4 hours per week Monday to Friday.
(d) This Agreement does not interfere with current Award arrangements for the working of ordinary hours on a Saturday.
10.2.2 Subject to sub-clause 10.2.1 above, the span of ordinary working hours will be from 7.00am to 7.00pm Monday to Friday. For staff working in the Northern Territory, the aforementioned span will start and finish half an hour earlier.
10.2.3 (a) Staff who are employed in the designations listed in Clause 10.2.3(b) who are currently working 34 hours per week shall be required to work 363/4 hours per week.
(b) The salaries of staff in the following job designations:
- Operator Services 1 to 6 inclusive (including Operator and Customer Training staff)
- Paging Centre Co-ordinator
- Paging Operations Officer
- Paging Operator
- Memo Co-ordinator
- Memo Team Leader
- Memo Receptionist
will be as listed in Attachment 4 to this Agreement. The date of effect of such change will be the same as that contained in clause 13.1(a).

10.3 Overtime
10.3.1 The Company may require a staff member to work reasonable overtime.
10.3.2 The payment of overtime is subject to the provisions of clause 15.
10.3.3 A staff member's ordinary hourly rate of pay for calculating overtime will include Temporary Assignment Allowance (Higher Duties) for which he/she is eligible when the overtime is worked.

10.4 Overtime Rates
10.4.1 Full-time staff members will be paid overtime, for work authorised to be performed in excess of ordinary rostered daily hours or outside the span of ordinary hours in clause 10.2.2, at the overtime rates prescribed in the Award or Certified Agreement covering their conditions of employment.
10.4.2 A part-time staff member may be requested, but not required, to work overtime. Overtime, when worked and authorised, will be paid to part-time staff 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% for the first three hours and 200% thereafter;
(b) on a Sunday - 200% for all time worked;
(c) on a public holiday - 250% for all time worked.

10.5 Shift Work
Provisions concerning shift work contained in Awards and other relevant Agreements, as in force from time to time, will continue to apply except as provided for in this clause and other specific clauses in this Agreement relating to shift work.

10.5.1 At the date of certification of this Agreement:
(a) For groups of staff who have been regularly working shift work prior to certification of this Agreement, or for staff joining those groups in shift centres, this Agreement does not change:
- the ordinary hours of work for shift workers; or
- the existing basis for defining shift work; or
- the additional payments applicable for shift work (i.e. percentage-based shift loadings) and when they apply.
(b) In those areas of the Company where shift work arrangements have not recently been operating:
(i) All staff members may be engaged on shift work.
(ii) The ordinary hours of duty for shift work will:
- not exceed 363/4 hours per week or an average of 363/4 per week over a cycle of shifts for full-time staff;
- be less than 363/4 per week or an average of less than 363/4 per week over a cycle of shifts for part-time staff.
(iii) A staff member who is rostered to perform and performs ordinary duty on a shift, any part of which falls between the hours of 7pm and 7am Monday to Friday, shall be paid an additional 15% of their salary for that shift.
(iv) Where a staff member is required to work their ordinary hours for a period exceeding 4 weeks on a shift falling wholly within the hours of 6pm and 8am, they shall be paid with respect to that shift an additional 30% of their salary for that shift.

10.5.2 Special Conditions
With the exception of the rest relief provisions covered by clause 10.7 and the provisions of clause 11.2.2 concerning the reduction of ordinary hours of duty of this Agreement:
(a) the special conditions relating to shift work contained in clause 50(2) of the Telstra/CPSU (Consolidated) Award 1996 (as in force from time to time) shall continue to apply to staff covered by that Award, and
(b) the special conditions relating to shift work contained in clause 11.2 of the Australian Telecommunications Commission Telecommunications Technical & Trades Staff (Salaries & Special Conditions of Employment) Award 1975 (as in force from time to time) shall continue to apply to staff covered by that Award and also apply to staff covered by the AOTC/APTU Award 1993.

10.6 Variation to Flextime Provisions in Customer Call Centres
10.6.1 The operation of the current Flexible Working Hours Scheme in Customer Call Centres will be facilitated by a Committed Scheduling arrangement in accordance with the following principles. Committed Scheduling covers the full range of work functions including call handling and non-call handling activities.
10.6.2 All full-time staff, excluding those participating in existing formal shift roster arrangements in Customer Call Centres within Commercial & Consumer Sales, Business & International Service Teleservice and Fault Reception groups, Mobiles Communication Services and Industry Services Business Unit, will be covered by this scheme. Timing and the need for the introduction of the scheme will be determined by the Centre Manager on a Business Unit by Business Unit basis.
10.6.3 Staff members will be scheduled to work a total of 147 hours over a four week period, averaging 363/4 hours per week. Staff members cannot be scheduled to work more than five days in any week. Staff members will not be scheduled to work less than 5 hours per day or more than 10 hours per day.
10.6.4 Schedule options will be developed on a four-weekly cycle and take into consideration the needs of the business together with the needs and preferences of staff.
10.6.5 Individual schedules will include predetermined daily commencement, finish and meal break times plus up to two scheduled days off over a four-week period. The allocation of schedules to a centre will be based on the number of requested days off by staff members in that centre.
10.6.6 Allocation of individual schedules will be based on the needs of the business and staff preferences. Where there are gaps between the required schedule numbers and staff preferences, all final staff schedules will be determined by the Centre Manager.
10.6.7 Staff members will receive a minimum of one week's notice of their four-weekly schedule. The intent is to minimise variations in individual start times within a schedule and from schedule to schedule.
10.6.8 It is recognised that circumstances will arise from time to time that lead to staff members not meeting scheduled start and finish times. The supervisor will have discretion to facilitate alternative arrangements where appropriate.
10.6.9 Staff members may initiate schedule swaps on a like-for- like basis, subject to the approval of the supervisor.
10.6.10 Without limiting the generality of any Award provision, overtime will be paid where a full-time staff member is expected to work beyond their scheduled hours and the supervisor does not facilitate time in lieu arrangements.
10.6.11 All unplanned leave will be recorded as equal to the amount of time the individual was scheduled to work that day.
10.6.12 Where staff members are transferring from a site covered by this clause, the timing of the move will take into account balance of hours worked; if the hours worked are in excess of the 363/4 hour weekly average, the supervisor will arrange time off in lieu.
10.6.13 Detailed guidelines associated with the operation and implementation of Committed Scheduling are contained in Company policy.

10.7 Rest Relief
10.7.1 Staff members will have at least 10 consecutive hours off work (inclusive of reasonable travelling time) between periods of ordinary hours work.
10.7.2 (a) 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.
(b) 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.
10.7.3 Notwithstanding the provisions of clause 10.7.2 above, where overtime is worked under the relevant Award Emergency Duty provisions rest relief will only apply where the time worked is at least 3 hours (including travelling time) on each call.
10.7.4 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.

11. ALLOWANCES AND SPECIAL ARRANGEMENTS

11.1 Immediately upon the certification of this Agreement, the parties agree to apply to the Commission for the variation of existing Awards and Agreements binding the Company to give effect to the arrangements set out in clauses 11.2 and 11.3.

11.2 The allowances in Attachment 2, including those referred to in clause 11.2.1, and the arrangements referred to in clause 11.2.2 are either obsolete or no longer relevant to the Company's business or work performed by staff members. They will cease to apply and will be deleted from the applicable Awards and Agreements. However, the following interim arrangements will apply to compensate affected staff members who are not covered by the Telstra Customer Field Workforce Agreement.

11.2.1 Staff who were eligible to receive one or more of the following allowances in the twelve (12) months prior to the certification of this Agreement will be paid a once-only gross cash payment of $1500:
(a) Filled Cable Allowance,
(b) Disability Allowance,
(c) Industry Allowance,
and those allowances will cease to operate.
11.2.2 Staff who were eligible under the relevant Award provisions relating to the reduction of ordinary hours of duty as a result of working in certain underground, cramped or tunnel situations or other similar confined spaces upon certification of this Agreement will be paid a once-only gross cash payment $1500 and the relevant Award provisions will cease to apply.
11.2.3 Staff who are eligible for a payment under clause 11.2.1 and clause 11.2.2 shall receive a payment in accordance with one or other of those clauses but not both.
11.2.4 Gladstone Allowances will cease upon certification of this Agreement. Those staff members who received payment of such allowances in the 12 months immediately prior to certification of this Agreement will be paid a once only gross cash payment equivalent to twice the annual amount of allowances received in that period.

11.3 The allowances in Attachment 3 are to be superseded and replaced by the following consolidated allowances:
11.3.1 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 the Company. 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.

11.3.2 Essential Customer Servicing
(a) The allowances provided for in clause 11.3.2(b) replace the restriction arrangements contained in clauses 24 (On-Call and Standy) and 29 (After Hours Duty Away From Normal Worksite) of the GCOE Award.
(b) (i) 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.
(ii) 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.
(iii) 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.
(iv) The rostering of a staff member should be based on a weekly cycle. Rostering will be on the basis of:

A. 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.

B. 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.

C. 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.

D. 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.

E. 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 themselves in the required degree of readiness to respond to a call to duty.

(v) In addition to the amount referred to in clause 11.3.2(b)(iv), a staff member who is required to:

A. 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.

B. 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.

(vi) The GCOE Award provision relating to emergency work payments does not apply where a staff member is recalled to duty in terms of clause 11.3.2(v) whilst in a situation covered by this clause.
(vii) 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.
(viii) A staff member who is ineligible for overtime or payment for holiday work as described in clause 15 of this Agreement will not be eligible for payment under this Clause.
(ix) The current rest relief provisions in respect of emergency duty will apply to duty in terms of clause 11.3.2(v) performed under the Essential Customer Servicing provisions.
(x) 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.

11.3.3 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, at a height of at least 15 metres for a minimum of two hours in any day, shall be paid a Height Allowance at the rate of $6 for each such day.

11.3.4 Linguistic Allowance
A staff member who is directed to perform, in addition to their other duties, duties which consist of:
(i) translating speech or written material from one language to another; or
(ii) communicating information to a disabled person by means of signs, and translating signs made by a disabled person;
shall be paid, while the direction remains in force, a Linguistic Allowance of $608 per annum.
Staff members currently in receipt of the higher Linguistic Allowance as at the date of certification of this Agreement will continue to receive that higher rate until such time as they are no longer eligible to receive the Allowance.

11.3.5 First Aid Allowance
First aid attendants may be nominated at the manager's discretion in accordance with the Company'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.

12. PART-TIME EMPLOYMENT

12.1 Provisions for part-time employment contained in Awards and other relevant Agreements will continue to apply except as provided for in this clause and other specific clauses in this Agreement relating to part-time employment.

12.2 This Agreement allows the employment of part-time staff in all areas of the Company. Before commencing employment, a part- time staff member will be advised in writing by the Company 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.

12.3 This Agreement removes any limitation on the number and/or use of part-time staff.

12.4 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 their manager.

12.5 Part-time staff will be subject generally to the provisions of clause 10 (Hours of Work and Related Matters) and specifically clauses 10.2.1(c), 10.4.2 and 10.5. Where a part-time staff member works additional time, which is not overtime as defined in clause 10.4.2, the additional time worked will be paid for at the ordinary time rate.

12.6 Part-time staff will be eligible for all benefits available to such staff 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.

12.7 Part-time staff will be employed for a minimum of 3 hours on each occasion they are required to work.

13. SALARY INCREASE

13.1 This Agreement provides for the following salary increases for staff:

(a) All Staff
For all staff covered by this Agreement: 4% pa salary increase payable from the beginning of the first pay period commencing on or after the date of certification (refer Attachment 5);

AND
(b) Staff Not Covered by the Customer Field Workforce Agreement
For staff not covered by the Customer Field Workforce Agreement:
(i) The parties are committed to the finalisation and implementation of all workstreams within twelve (12) months of the date of certification of this Agreement.
Where a separate Workforce Agreement is certified prior to the end of the first year of this Agreement, the Workforce Agreement will provide for the applicable Company salary rates to include a 4% pa increase effective from the beginning of the first pay period commencing on or after the first anniversary of the certification of this Agreement (the "relevant date"). Any additional transition payments will commence immediately on certification of the Workforce Agreement in accordance with the terms of that Agreement.
(ii) Where a separate Workforce Agreement is not certified prior to the end of the first year of this Agreement, one of the following arrangements will apply from the beginning of the first pay period commencing on or after the relevant date:
- 4% pa salary increase if the Company has not tabled its Workforce proposal for the particular workstream by the relevant date; or
- 4% if, as agreed by the parties, the Company has tabled a Workforce Agreement for a particular workstream and an application for certification has been made but the Agreement is not certified by the Australian Industrial Relations Commission by the relevant date due to a specific technical requirement of the Workplace Relations Act 1996 beyond the control of the parties, or
- 2% pa salary increase if the Company has tabled its Workforce proposal for the particular workstream but the Agreement is not certified by the relevant date. The Workforce Agreement will provide for a further 2% pa increase to be applied to the applicable Company salary rate on certification of the Workforce Agreement provided such certification occurs prior to the nominal expiry date of this Agreement. Staff will receive transition increases where applicable in accordance with the terms of the relevant Workforce Agreement.
Footnote: For staff covered by the separate Customer Field Workforce Agreement, please refer to that Agreement for details of salary increases to apply.

13.2 Salary Increment Review Process
(a) All staff paid at a salary increment level other than the maximum of their salary range continue to be eligible for incremental salary advancement annually until they reach the top of the relevant increment salary band.
(b) The basis for an increment increase will now be a supervisor's assessment of performance through the Performance Review Development Process (PRDP) in accordance with the following arrangements:
(i) An increment will be approved where a staff member's performance has been assessed as fully satisfactory or better for the preceding year.
(ii) There will be no change in increment level where a staff member's performance for the previous year has been assessed as less than fully satisfactory. In these circumstances, the relevant supervisor will conduct a further performance review six months later. If performance is assessed as fully satisfactory at this point, a salary increment will be approved and processed. However, if performance is again assessed as less than fully satisfactory, there will be no change in the staff member's salary.
(c) Refer to clause 8.4 for the interim salary increment review process concerning staff who were eligible, as at 17 December 1998, for incremental salary progression under the Telstra Customer Service Representative Competency Based Training and Pay Structure Agreement for Customer Service Representatives in the Commercial and Consumer Business Unit.

14. EXCLUSIONS

14.1 To avoid any uncertainty concerning the application of this Agreement, the following categories of staff members are also excluded from its scope in accordance with clause 2.1:
(a) Staff covered by the Telstra Senior Officers Agreement 1995;
(b) Staff covered by the Telstra Salesforce Agreement 1995;
(c) Staff covered by the Telstra Retail Shops Agreement 1998,
(d) Staff members under Australian Workplace Agreements; and
(e) Staff covered by the Telstra Senior Officers/Minimum Rates Agreement 1996

15. EXEMPTIONS

15.1 A staff member whose salary exceeds $53,238 pa (including Temporary Assignment Allowance), i.e. $51,190 plus 4%, will not be eligible to receive the payments prescribed in clauses 10.4 (Overtime) and 11.3.2(b) (Essential Customer Servicing) or additional payments relating to rostered work on public holidays or excess travelling time contained in the GCOE Award.

15.2 The exemption in clause 15.1 does not apply to staff members employed in the classifications of IT3 and PTTO2 or to staff members who are not managers employed in the classifications of P2 and PTTO3.