Telstra Enterprise Agreement 2005-2008
DRAFT 15/6/05
PART 1 - OPERATION OF THE AGREEMENT
This Agreement shall be known as the Telstra Enterprise Agreement 2005-2008 ("Agreement").
2. Who this Agreement applies to
2.1 This Agreement applies to (the "Parties"):
(a) Telstra Corporation Limited ("Telstra");
(b) The unions referred to in clause 2.2; and
(c) Employees who are employed by Telstra in the following classifications:
i. Customer Sales and Service Workstream ("CSSW");
ii. Support Workstream ("SW");
iii. Technology Professional Workstream ("TPW");
iv. Technical Workstream ("TW"); or
v. Customer Field Workstream ("CFW").
2.2 The unions bound by this Agreement are:
(a) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia ("CEPU");
(b) Association of Professional Engineers, Scientists and Managers, Australia ("APESMA");
(c) Professional Officers Association (Victoria) ("POAV"); and
(d) CPSU, the Community and Public Sector Union ("CPSU").
2.3 Transitional Arrangement For Employees in Mobile Customer Workstream (MCW)
If, on the date immediately prior to this Agreement coming into effect an employee was employed in the MCW, then from the commencement of this Agreement the employee will be transferred into the relevant band in the Customer Sales and Service Workstream (CSSW). For the purposes of this clause, "relevant band" means the band that provides the same Company Rate to the employee (plus any Grandfathered Allowance) as the employee was receiving in the MCW on the date immediately prior to this Agreement coming into effect.
3. When this Agreement applies
3.1 This Agreement applies from the date of certification. Its nominal expiry date will be 36 months from the date of certification of this Agreement.
3.2 Telstra and the unions referred to in clause 2.2 will commence discussions for the purposes of negotiating an agreement to replace this Agreement four months before the nominal expiry date of this Agreement.
Employees whose employment is covered by any of the following agreements or employment arrangements are excluded from this Agreement:
(a) Telstra Senior Officers Agreement 1995;
(b) Telstra Retail Shops Agreement 1998;
(c) Telstra Senior Officers/Minimum Rates Agreement 1996;
(d) Telstra Salesforce Agreement 1995;
(e) An employee employed in the Telstra Country Wide Business Unit (or successor); or
(f) An Australian Workplace Agreement that has not been terminated.
5. Operation of this Agreement
5.1 Subject to relevant legislation, this Agreement overrides the operation of any Award or Certified Agreement binding on Telstra to the extent of any inconsistency. It supersedes and replaces:
(a) Telstra - Infrastructure Services Enterprise Agreement 2002-2005;
(b) Telstra - Retail Enterprise Agreement 2002-2005;
(c) Telstra - Mobile Enterprise Agreement 2002-2005;
(d) Telstra - Corporate Group Enterprise Agreement 2002-2005;
(e) Telstra Network and Technology Group Enterprise Agreement 2002-2005;
(f) Telstra - Wholesale Enterprise Agreement 2002-2005; and
(g) Any Award or agreement which may bind Telstra by virtue of a transmission of business.
5.2 The Parties agree that Telstra will apply to terminate the agreements in clause 5.1(a) to 5.1(f), with effect from the date of certification of this Agreement, and the unions will consent to any such application.
5.3 Subject to relevant legislation, this Agreement should be read in conjunction with the Telstra Redundancy Agreement 2002 (TRA) and Relevant Awards, as varied from time to time. This Agreement overrides the operation of the TRA and the Relevant Awards to the extent of any inconsistency.
The Parties agree that this Agreement is in settlement of all enterprise bargaining claims for the life of this Agreement. There will be no extra claims by the Parties for the duration of this Agreement.
7.1 General Definitions
"Actual Salary" means the salary that an employee is actually paid.
"Actual Salary - Calculation of Salary Related Benefits" means an employee's Actual Salary will be the salary for all purposes in calculating benefits under the Relevant Awards and this Agreement, and for the calculation of redundancy, superannuation, long service leave and maternity leave entitlements.
"Agreement" means the Telstra Enterprise Agreement 2005-2008.
"Company Rate" means the agreed annual rate of pay for jobs within a Band in a Workstream at any particular time.
"Relevant Awards" means:
(i) Telstra Corporation General Conditions Award 2001 ("GC Award");
(ii) Telstra/CPSU Consolidated Award 2001;
(iii) Telstra/AMWU Award 2001;
(iv) Telstra/CEPU Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 2001;
(v) Telstra/CEPU Lines and General (Salaries and Specific Conditions of Employment) Award 2001; and
(vi) Telstra/CEPU Operators (Salaries and Specific Conditions of Employment) Award 2001.
"First Increase Date" means the date on which the first increase provided for in this Agreement is payable. This will be from the first full pay period occurring on or after certification of this Agreement.
"Second Increase Date" means the date on which the second increase provided for in this Agreement is payable. This will be from the first full pay period occurring on or after the first anniversary of the certification of this Agreement.
"Third Increase Date" means the date on which the third increase provided for in this Agreement is payable. This will be from the first full pay period occurring on or after the second anniversary of the certification of this Agreement.
"Telstra Job Evaluation and Classification System" means the grading system that will apply to all jobs covered by this Agreement. It will involve agreed Telstra Core Job Descriptions, as well as a system to grade jobs from scratch using a new job description. The system is based on the Hay system of Job Evaluation.
"Band" means the level of a job within a Workstream.
"Core Jobs" means jobs that have been graded and placed into Bands by the Telstra Job Evaluation and Classification System using agreed job descriptions. Core Jobs align particular job duties with Bands for the life of this Agreement, and guide evaluators in determining the appropriate Band for new or substantially altered jobs.
"Workstream" means a defined group of employees working in jobs which are operationally and organisationally associated within Telstra.
"Pre-tax superannuation contribution" means a specified portion of the employee's actual salary nominated by the employee.
7.2 Workstream Definitions
7.2.1 Customer Sales and Service Workstream ("CSSW") means employees engaged principally in: the sale of products and services; managing of enquiries for Telstra customers; fault reporting - who are not covered in the Customer Field Workstream and Technical Workstream; telesales; billing and credit management; and the direct supervision and direct support of employees employed in these functions.
7.2.2 Support Workstream ("SW") means employees engaged in work in Australia that is not in the Technical Workstream, Customer Field Workstream, Technology Professional Workstream or the Customer Sales and Service Workstream.
7.2.3 Customer Field Workstream ("CFW") means employees engaged in Customer Access Network (CAN) construction and/or in the end to- end installation, operation, maintenance and repair of all services for customers and/or in the supervision and/or direct operational support of such employee and the Testers in the service assurance call centres.
7.2.4 Technical Workstream ("TW") means employees engaged in applying practical skills and knowledge to the technical aspects of voice, data, video and information technology and those engaged in the direct supervision of these employees. The work is focused on applying, either directly or in coaching others, technical know-how to solve problems around technical practices. It requires a suitable practical background. The exercise of technical judgement is required within a specific discipline or area of technical work.
7.2.5 Technology Professional Workstream ("TPW") means employees engaged in applying theoretical skills and knowledge to voice, data, video and information technologies and related architecture and those engaged in the direct supervision of these employees. The work is focused on applying, either directly or in coaching others, first principles to solve problems of a conceptual or novel nature in relation to the above technologies and architecture. It is characterised by longer term planning horizons. The work is undertaken within higher degrees of autonomy in determining the conceptual approach.
7.3 Grandfathering Definitions
7.3.1 The following definitions only apply to employees who are entitled to a Grandfathered Allowance as set out in clause 17.4(b) and 21.2.1 of this Agreement ("Grandfathered Employees"):
(a) A Grandfathered Employee's "Actual Salary" is the sum of the Company Rate for her or his job plus their Grandfathered Allowance; and
(b) "Grandfathered Allowance" is an annualised allowance which is paid fortnightly and calculated as the difference between the Company Rate for their job and an employee's Actual Salary.
7.3.2 Any Grandfathered Allowance will be paid in accordance with clause 17.4(b) and 21.2.1 of this Agreement.
PART 2 -EMPLOYMENT ARRANGEMENTS
8.1 Workstreams
An employee's job is allocated to a Workstream. The Workstream definitions are contained in clause 7.2 of this Agreement.
8.2 Movement of Employees
Movement to another job will be on the basis of merit selection. Where a job requires an employee 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 job, in any Workstream.
9. Australian Workplace Agreements
9.1 Telstra may enter into an Australian Workplace Agreement ("AWA") with any employee covered by this Agreement. The AWA may operate to the exclusion of this Agreement or prevail over its terms to the extent of any inconsistency. The employee will remain subject to the terms of that AWA until that AWA is terminated or replaced by another AWA. After the expiry date of an employee's AWA she or he may choose to apply to terminate that AWA in accordance with the Workplace Relations Act 1996.
9.2 It is a term of this Agreement that employees who are party to an AWA that expired before this Agreement was certified will remain subject to the terms of those AWAs. An employee who is not currently subject to the terms of an AWA will not be required to enter into an AWA for their existing job. If an AWA is offered to that employee she or he may accept or reject that offer.
9.3 Where an employee is offered an AWA when transferred or promoted she or he will have the choice of accepting or rejecting any new AWA. Where an employee rejects an AWA offered under this sub-clause the transfer or promotion will occur and either:
9.3.1 this Agreement applies for those employees not already subject to an AWA; or
9.3.2 if they are already subject to an AWA, that AWA applies and they will be paid the appropriate rate of pay for that position.
10.1 Types of Work Arrangements
10.1.1 Telstra may employ the following work arrangements:
(a) full time,
(b) part time,
(c) supplementary,
(d) casual, or
(e) for a fixed period or specific project.
10.1.2 There is no limitation on the number and/or use of any type of work arrangement.
10.2 Part Time Employment
A part time employee is engaged to work less than 36 3/4 hours per week. A part time employee will be eligible for the benefits of this Agreement, and those in the Relevant Awards, on a pro-rata basis.
10.3 Casual Employment
10.3.1 A casual employee is engaged to work as a casual.
10.3.2 A casual employee may be engaged by the hour in ProActiv One, or its successor(s). Each engagement stands alone. A casual employee will be engaged for a minimum period of 4 hours on each engagement. A loading of 20% will be paid in addition to applicable Company Rate. The loading will be paid in lieu of annual leave, sick leave, bereavement leave and public holidays. A casual employee is not eligible for notice pay of redundancy pay/retrenchment benefits.
Where a casual employee works shift work the loading will not be included in ordinary pay for the calculation of the shift penalty. A casual loading does not apply where a casual employee works overtime. A casual employee may be required to work overtime and will be paid overtime in accordance with clauses 13.2.1 and 13.2.2 of this Agreement. Clause 20 of the GC Award (Meal Allowance) and Schedule B of the Agreement (Allowances) also apply.
10.3.3 Casual employees in areas other than ProActiv One or its successor(s) may only be employed in accordance with a Relevant Award that applies to them.
10.4 Supplementary Worker
A Supplementary Worker is subject to the terms and conditions set out in Schedule C to this Agreement and not to any other terms and conditions set out in this Agreement (unless specified in Schedule C) or any Relevant Award.
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