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Telstra Enterprise Agreement 2005-2008

Status of Agreement
Explanatory Notes

PDF Copy of Agreement

PART 1 - OPERATION OF THE AGREEMENT
     1.      Name of Agreement
     2.      Who this Agreement applies to
     3.      When this Agreement applies
     4.      Exceptions
     5.      Operation of this Agreement
     6.      No extra claims
     7.      Definitions
PART 2 - EMPLOYMENT ARRANGEMENTS
     8.      Roles in Telstra 
     9.      Australian Workplace Agreements
     10.    Employment Types
PART 3 -  HOURS OF WORK
     11.    Hours of work 
     12.    Shift Work
     13.    Overtime rates
     14.    Rest Relief
     15.    Rest Breaks
     16.    Exemptions
PART 4 - WORKSTREAM ARRANGEMENTS 
     17.    Workstream Principles
     18.    Customer Field Workstream (CFW)
     19.    Multi-functional work provisions - TW and TPW
PART 5 - SALARY ARRANGEMENTS, ALLOWANCES AND SUPERANNUATION ARRANGEMENTS
     20.    Salary increases
     21.    Allowances
     22.    Pre-tax Superannuation
PART 6 - LEAVE ARRANGEMENTS
     23.    Annual Leave
     24.    Long Service Leave
     25.    Maternity Leave
PART 7 - DISPUTE AVOIDANCE AND CONSULTATION
     26.    Dispute avoidance/resolution
     27.    Consultative Arrangements
SCHEDULE A - COMPANY RATES
SCHEDULE B - ALLOWANCES
SCHEDULE C - TERMS, CONDITIONS AND BENEFITS FOR SUPPLEMENTARY WORKERS
SCHEDULE D - WORK AT SEA ARRANGEMENTS
SIGNATORIES


STATUS

AG842295 PR962214
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s.170LJ - Agreement with organisations of employees (Division 2)

Telstra Corporation Limited

and

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
and
Association of Professional Engineers, Scientists and Managers, Australia, The
and
Professional Officers Association (Victoria)
and
CPSU, the Community and Public Sector Union
(AG2005/5567)

TELSTRA ENTERPRISE AGREEMENT 2005-2008

Telecommunications services

VICE PRESIDENT LAWLER SYDNEY, 6 SEPTEMBER

CERTIFICATION OF AGREEMENT

Pursuant to section 170LT of the Workplace Relations Act 1996, the Commission hereby certifies the attached written agreement.

This agreement shall come into force on 6 September 2005 and shall remain in force until 5 September 2008.

BY THE COMMISSION: VICE PRESIDENT


EXPLANATORY NOTES

Telstra Enterprise Agreement 2005-2008

The purpose of this section is to identify and explain to employees the substantive changes made between the six (6) individual Business Unit 2002-2005 Enterprise Agreements ("2002-2005 Agreements") in comparison to the Telstra Enterprise Agreement 2005-2008 ("the Agreement").

Please note that these Explanatory Notes do not form any part of the Agreement.

General Comments

* The grammar within the Agreement has been changed from the 'second-person' form of language (e.g. "you") to a more conventional form, commonly used in Awards and Enterprise Agreements (e.g. "employee").

* The Agreement combines many of the terms and conditions of the 2002-2005 Agreements. There has also been a change to the order of the clauses in the Agreement, with the aim of making it easy to follow and understand.

Specific Clauses

* Clause 2.3 (MCW Transitional Arrangements) - Employees previously engaged in the Mobile Customer Workstream (MCW) will be transitioned to the equivalent Customer Sales & Service Workstream (CSSW). Under these transitional arrangements an employee's Actual Salary, including any Grandfathered Allowance, will not be reduced.

* Clause 3.1 (Application of Agreement) - The 2002-2005 Agreements had a nominal expiry date 30 months from the date of certification. This Agreement has a nominal expiry date 36 months from the date of certification.

* Clause 3.2 (Negotiation of new agreement) - The 2002-2005 Agreements stated that discussions for the purposes of negotiating an agreement would commence three months prior to the nominal expiry date. This Agreement states that discussions will commence four months prior to the nominal expiry date.

* Clause 4.2(a) (Telstra Country Wide excluded) - This Agreement does not apply to the Telstra Country Wide Business Unit.

* Clause 5.1 (Operation of Agreement) - This Agreement replaces the 2002-2005 Agreements, which Telstra will apply to terminate in the Australian Industrial Relations Commission.

* Clause 7.1 (Definitions) - The following are the key changes in this clause:

* The three salary increases provided for over the three-year term of this Agreement are set out and defined.

* The ability for EA employees to access Pre-tax Superannuation was introduced after the 2002-2005 Agreements were certified. The definition of Pre-tax superannuation contribution definition is therefore included in this Agreement; and

* Definitions in the 2002-2005 Agreements that do not apply to this Agreement have been removed.

* Clause 7.3 (Removal of Accelerated Increment Payment) - Reference to the Accelerated increment Payment has been removed, as this was a "one-off" payment made to eligible employees in the 2002-2005 Agreements and has not been included in this Agreement.

* Clause 12 (Transitional Shift Arrangements) - In the 2002-2005 Agreements, there are references to the transitional arrangements that maintained the payment of shift penalties, under unique circumstances for a period of 12 months. This provision no longer has any application and has not been included in this Agreement.

* Clause 13.3 (Scheduled Overtime Worked from Home) - This is a new clause that relates to scheduled overtime performed from home outside the hours of normal attendance. Where this clause applies, an employee is to be paid overtime for the actual time that they work (subject to a minimum payment of one hour's overtime) and will generally receive at least two days' notice of the requirement.

* Clause 15 (Rest Breaks) - Specific Rest Break arrangements apply to the business areas named in this clause.

* Clause 20 (Salary Increases) - The three salary increases over the term of this Agreement are set out in this clause.

* Clause 22 (Pre-Tax Superannuation) - The ability to access Pre-Tax Superannuation was introduced after certification of the 2002-2005 Agreements. This clause sets out the entitlement and arrangements that apply.

* Clause 24 (Long Service Leave) - This is a new clause. In the event that Telstra is no longer bound by the Long Service Leave (Commonwealth Employees) Act 1976 (LSL Act) the Agreement protects employees' existing long service leave entitlements, as provided for in the LSL Act.

* Clause 25 (Maternity Leave) - This is a new clause. In the event that Telstra is no longer bound by the Maternity Leave (Commonwealth Employees) Act 1973 (the Maternity Leave Act), the Agreement protects female employees' existing maternity leave entitlements service leave entitlements, as provided for in the Maternity Leave Act. This clause also provides that a female employee may apply to return to work after maternity leave part-time, subject to Telstra's business and customer requirements.

* Clause 16C - The definition of a week for calculating overtime for Supplementary Workers has changed to Sunday to Saturday.



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