Telstra Enterprise Agreement 2005-2008
DRAFT 15/6/05
11.1 Full time employees
A full time employee's (other than a shift worker) ordinary hours of work will be 36 3/4 hours per week, worked between 7am and 7pm, Monday to Friday. There will be an unpaid meal break after no longer than 5 hours of continuous work. The meal break will be at least 30 minutes in length and no more than one hour, except in areas where the Flexible Working Hours Scheme operates where the meal break may be longer. Within these parameters, the timing of the meal break will be at the discretion of the manager, taking into account any individual requirements. If the employee works in the Northern Territory, the daily span will start and finish half an hour earlier.
11.2 Start and finish times
Within the span of 7am to 7pm, normal start and finish times will be determined by the relevant manager, based on customer and operational needs and following discussions with the employee. The discussion with the employee will have regard to the employee's preferences and family responsibilities. However, customer needs and operational requirements will be a significant consideration in determining start and finish times and the daily pattern of work. Outcomes will be distributed fairly across the work group.
11.3 Method of working ordinary hours
Ordinary hours may be worked in any pattern which provides for an average of 36 3/4 hours per week. However, areas of Telstra 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, having regard to, in particular, those matters contained in clauses 11.2 and 11.6.
11.4 Facilitative Agreements
11.4.1 The following provisions in clauses 11.4.2 to 11.4.9 may be utilised where appropriate in respect of employees employed in the Infrastructure Services Business Unit.
11.4.2 An employee and their supervisor/manager may agree, or a workgroup and its supervisor/manager may agree (through majority vote of employees in the workgroup who are covered by this clause) in writing, to vary the following things:
(a) the days of the week during which an employee performs their ordinary hours of work;
(b) the number of hours per day during which an employee performs their ordinary hours of work; or
(c) an employee's span of hours.
11.4.3 The ordinary hours of work (36 3/4 hours per week) may be calculated as the average of the hours worked over a cycle of no longer than 4 weeks with a minimum of 2 rostered days off in that period.
11.4.4 The limits within which subclause 11.4.2 may apply are as follows:
(a) for the days of the week - Monday to Sunday;
(b) for the number of hours per day - between 6.75 hours and 10 hours per day;
(c) for the span of hours - 7am to 7pm.
11.4.5 If an employee makes an agreement under this clause, the employee or their workgroup (as applicable) will be entitled to payment at time and one half for ordinary hours worked on Saturday and double time for ordinary hours worked on Sunday. No overtime or other penalties will apply to these ordinary hours worked.
11.4.6 The State office of the relevant union must be notified of an agreement made between a workgroup and a supervisor/manager under this clause at least 14 days prior to the varied working arrangement commencing. The union will not unreasonably oppose the agreement.
11.4.7 Either an employee or their workgroup (through majority vote of employees covered by an agreement made under this clause), as applicable, or the supervisor/manager, may end the agreement on at least 14 days written notice to the other. No financial penalty will apply to either party as a result of the agreement ending (e.g. shift closure payouts).
11.4.8 If an employee make an agreement under this clause, it will operate to the extent of any inconsistency with clauses of 11.2, 11.3, 12.1 and 12.2 of this Agreement.
11.4.9 To avoid doubt, neither party to an agreement made under this clause may take protected industrial action during the life of this Agreement about matters covered by this clause (refer also to clause 6).
11.5 Committed Scheduling
11.5.1 For employees working ordinary hours between 7am and 7pm, Monday to Friday in Customer Call Centres, except for employees covered by clause 12.5 of this Agreement, a Committed Scheduling arrangement will apply in accordance with clauses 11.5.2 to 11.5.11. Committed Scheduling covers the full range of work functions including call handling and non-call handling activities.
11.5.2 The Centre Manager will determine the timing and the need for the introduction of the scheme. Employees will be scheduled to work a total of 147 hours over a four-week period, averaging 36 _ hours per week. Employees will be scheduled to work no more than 10 hours per day and no less than 5 hours per day.
11.5.3 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 employees.
11.5.4 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 employees in that centre.
11.5.5 Allocation of individual schedules will be based on the needs of the business and employee preferences. Where there are gaps between the required schedule numbers and employee preferences, all final schedules will be determined by the Centre Manager.
11.5.6 Employees will receive a minimum of 7 days' notice of their four-weekly schedule. The intent is to minimise variations in individual start times within a schedule and from schedule to schedule.
11.5.7 It is recognised that circumstances will arise from time to time that lead to employees not meeting scheduled start and finish times. The supervisor/manager will have discretion to facilitate alternative arrangements where appropriate.
11.5.8 An employee may initiate schedule swaps, subject to the prior approval of their supervisor/manager where there is no impact on the business.
11.5.9 Overtime will be paid where an employee works beyond scheduled hours and the supervisor/manager does not facilitate time in lieu arrangements.
11.5.10 All unplanned leave will be recorded as equal to the amount of time an employee was scheduled to work that day.
11.5.11 If an employee is transferring from a site covered by this clause, the timing of the move will take into account the balance of hours worked; if the hours worked are in excess of the 36 _ hour weekly average, their supervisor/manager will arrange time off in lieu.
11.6 Part time employees
11.6.1 A part time employee's (other than a shift worker) ordinary hours of work will be scheduled in the period between 7am and 7pm, on any day between Monday to Friday. A part time employee's minimum daily hours of part time work will be no less than 3 hours. Telstra or the employee may vary the part time hours of work by agreement.
11.6.2 If an employee commenced part time employment (even if they were already employed by Telstra) after 21 December 2000, their hours of work may be varied on the same basis that they are varied for a full time employee working in an equivalent job in the same area.
11.6.3 A part time employee will have reasonably predictable hours of work.
12.1 Hours of work for shift workers
An employee may be engaged on shift work. The ordinary hours of work for shift work will:
(a) not exceed 36 3/4 hours per week or an average of 36 3/4 hours per week over a cycle of shifts for full time staff;
(b) be less than 36 3/4 hours per week or an average of less than 36 3/4 hours per week over a cycle of shifts for part time staff.
12.2 Shift arrangements
If an employee is scheduled to work shift, where any part of the ordinary hours on that shift falls between the hours of 7pm and 7am Monday to Friday, they will be paid an additional 15% of their salary for all ordinary hours worked on that shift. Where an employee is required to work their ordinary hours for a period exceeding four weeks on a shift falling wholly within the hours of 6pm and 8am, they will be paid an additional 30% of their salary for that shift.
12.3 Shift work (CFW/TW)
If an employee is in a CFW or TW job, the shift provisions in clauses 12.1 and 12.2 above, will apply together with the provisions of clause 12.2 of Telstra/CEPU Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 2001, and clauses 12.2, 12.2.1 and 12.6 of the Telstra/CPSU Consolidated Award 2001, as varied from time to time.
12.4 Extra week's leave for continuous shift workers
If an employee is a seven day shift worker, that is, they are rostered to and work shifts regularly on Sundays and Public Holidays, they will be eligible for an additional week's annual leave after 10 Sundays worked as part of a seven day shift. Where less than 10 Sundays are worked as part of a seven day shift roster, additional leave will be proportionate: ie. 1/2 day for each Sunday worked. Where a seven day shift worker works an overtime shift on a Sunday, that work will constitute Sunday work for the purposes of this clause, provided that the overtime shift must be no less than the normally rostered shift hours. The additional week's leave will be for seven consecutive days and includes non working days. This subclause overrides clause 23.1.2 of the GC Award.
12.5 Shift Scheduling for CSSW employees in Service Advantage, ProActiv One, Telstra Conferencing (Audio) and Iconn
12.5.1 For CSSW employees working shift in Service Advantage, ProActiv One, Telstra Conferencing (Audio) and Iconn, clauses 12.5.2 to 12.5.8 will apply. Telstra to respond.
12.5.2 An employee's supervisor/manager will determine the timing and the need for the introduction of shifts. An employee will be scheduled to work an average of 36 3/4 hours per week over a cycle. An employee will be scheduled to work no more than 10 hours per day, and no less than 5 hours per day.
12.5.3 Schedule options will be developed on a cycle and take into consideration the needs of the business, together with the needs and preferences of employees.
12.5.4 Individual schedules will include predetermined daily commencement, finish and meal break time etc, and the scheduled days off over the shift cycle. (Refer to clause 15 of this Agreement for the Rest Break arrangements).
12.5.5 Allocation of individual schedules will be based on the needs of the business and employee preferences. Where there are gaps between the required schedule numbers and employee preferences, all final schedules will be determined by the manager.
12.5.6 An employee will receive a minimum of four weeks' notice of their new schedule. The intent is to minimise variations in individual start times within a schedule, and from schedule to schedule.
12.5.7 An employee may initiate schedule swaps, subject to the prior approval of their supervisor/manager where there is no impact on the business.
12.5.8 All unplanned leave will be recorded as equal to the amount of time the employee is scheduled to work that day.
13.1 Full time employees
13.1.1 Telstra may require an employee to work reasonable overtime. An employee authorised to work overtime will be paid at the overtime rates prescribed in the Relevant Award for overtime worked.
13.1.2 If an employee is engaged in a CFW or TW job, the provisions of clause 14 of the Telstra/CEPU Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 2001, as varied from time to time, will apply.
13.2 Part time employees
13.2.1 A part time employee may be requested, but not required, to work overtime. Overtime, when worked and authorised, will be paid at the rates provided in clause 13.2.2, after the employee has worked ordinary hours equivalent to a full time employee, or weekly hours exceeding 36 3/4.
13.2.2 A part time employee will be paid overtime rates as follows:
(a) outside the span of ordinary hours or outside the regularly scheduled full time equivalent ordinary hours - 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; and
(d) on a Saturday, for a shift worker - 200% for all time worked.
13.2.3 If an employee works additional time, which is not overtime as defined, the additional time worked will be paid for at the ordinary time rate. Any additional hours paid at ordinary time will count for the pro rata accrual of annual leave and sick leave.
13.3 Scheduled Overtime Worked From Home
13.3. 1 Scheduled overtime worked from home occurs where:
a) An employee is scheduled and agrees to perform non-continuous overtime worked from home; and
b) The work scheduled can be performed from home.
13.3. 2 If an employee is scheduled to work overtime from home, the employee will be paid for the actual time worked subject to a minimum payment period of one hour at double time.
13.3. 3 Employees will be given at least two working days notice of any scheduled overtime under this clause, unless a shorter notice period is agreed between the employee and the manager.
13.3. 4 If an employee is scheduled to perform work at home, which can be effectively performed from home, but elects to perform the work at the worksite, the employee will only be paid as if the work was performed at home.
13.3. 5 Employees who are ineligible for overtime as described in clause 16 of this Agreement will not be paid under the provision of sub-clause 13.3.2.
13.3. 6 Clause 14.2 of this Agreement (Rest Relief) applies to employees who perform work under this clause.
14.1 An employee will have at least 10 consecutive hours off work (inclusive of reasonable travelling time) between periods of ordinary hours work.
14.2 (a) Where an employee works overtime between periods of ordinary hours work, they will have 10 consecutive hours off work between these times, before commencing the next period of ordinary hours work, without loss of pay.
(b) If an employee 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 they 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.
14.3 Notwithstanding the provisions of clause 14.2, where overtime is worked under the Relevant Award Emergency Duty provisions, rest relief will only apply when the time worked is at least three hours (including travelling time) on a call.
14.4 The provisions of this clause do not apply where an employee wishes to change their scheduled shift, and their manager agrees to the change.
15.1 Eligibility
Where an employee is employed in a CSSW job that was previously covered by the Telstra/CEPU Operator/Job Work Design Review Agreement 1997" or "PSU/Telstra Agreement for Conditions of Employment at the National Telemarketing Centre 1994, the employee will continue to have access to rest breaks under the same arrangements as previously provided for by those agreements, as set out in this clause.
15.2 Rest Breaks for Employees in Emergency 000, Iconn, Telstra Conferencing (Audio) and Service Advantage (Faults)
15.2.1 Employees are entitled to two 15 minute and three 10 minute rest breaks each shift, with a maximum work period between rest breaks of 70 minutes.
15.2.2 Up to five rest breaks per week (maximum one each day) may be used for management or training purposes, provided that this does not require employees to undertake keyboard activities.
15.2.3 A rest break commences when an employee unplugs and concludes when an employee plugs in again.
15.3 Rest Breaks for Employees in Proactiv One
15.3.1 Employees are entitled to one 10 minute rest break every two hours, with no more than two rest breaks (excluding meal breaks) each ordinary shift.
15.3.2 Rest breaks may be staggered for business reasons during inbound marketing campaigns.
16.1 If an employee is engaged in a CSSW or SW job, and their Actual Salary exceeds $66,468 (from the First Increase Date), $68,130 (from the Second Increase Date), and $69,833 (from the Third Increase Date) (including Temporary Assignment Allowance), the employee will not be eligible to receive the payments prescribed in clause 13 (Overtime) and paragraph 3 of Schedule B (Essential Customer Servicing), or additional payments relating to rostered work on public holidays or excess travelling time contained in the GC Award.
16.2 If an employee is in engaged in a job in the SW, TPW, CFW or TW Workstreams at Band 9 or above (including on Temporary Assignment Allowance), the employee will not be eligible to receive the payments prescribed in clause 13(Overtime) and paragraph 3 of Schedule B (Essential Customer Servicing) or additional payments relating to rostered work on public holidays, or excess travelling time contained in the GC Award.
16.3 The exclusion in clause 16.2 does not apply to any CFW or TW employee whose job is that of a technical specialist.
16.4 The exclusion in clause 16.2 does not apply to any TPW employee whose job is that of a technical specialist graded at Band 9.
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