Telstra Enterprise Agreement 2005-2008
DRAFT 15/6/05
PART 4 - WORKSTREAM ARRANGEMENTS
The following principles apply to the operation of the Workstreams and operation of this Agreement. The work in each Workstream will be evaluated in accordance with the Telstra Job Evaluation and Classification System, and these principles.
Footnote: A copy of the current Telstra Job Evaluation and Classification System will be tendered as an exhibit in the Australian Industrial Relations Commission ("Commission") proceedings for the certification of this Agreement.
17.1 The Telstra Job Evaluation and Classification System
17.1.1 Each Band, within a Workstream, will have agreed representative Core Job Descriptions. There may be more than one Core Job Description for each Band. Core Job Descriptions will form part of this Agreement.
17.1.2 As part of the job evaluation and classification process, managers will design any new jobs that will go into the Workstream. Should the Parties to this 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:
A majority of the three-person team will determine the outcome and this outcome will be binding on the Parties to this Agreement without recourse to any further review or appeal.
17.1.3 Core 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 this Agreement.
17.2 Australian Qualifications Framework ("AQF)
Where relevant Australian National Training Authority endorsed Training Packages (including AQF Qualifications) exist or are developed, Workstreams and jobs covered by this Agreement, will be aligned to them, and they will be applied to employees working in those jobs. Telstra will recognise prior learning in accordance with those Training Packages. Telstra is committed to ensuring that individual Recognition of Prior Learning will be given. This may be arranged through the Performance Review and Development Process, or commenced at any other appropriate time. Arrangements may be made for the block recognition of prior formal training and qualifications to align these qualifications with the Training Package AQF Qualifications. The above is dependant upon Telstra Advanced Learning, or its successor, attaining the relevant Training Package on its Scope of Registration.
17.3 Job Movement Rules - voluntary transfer and promotion
17.3.1 Subject to clause 17.3.2, if an employee chooses to move to another job or is promoted, including to a job in another Workstream or Band, they will be paid the Company Rate for the new job.
17.3.2 If a Grandfathered Employee chooses to move to another job or is promoted:
17.4 Telstra transfers and redeployees.
If an employee is transferred by Telstra to a new job covered by this Agreement, where the work is substantially the same, or they are redeployed under the Telstra Redundancy Agreement 2002, the following provisions will apply and the salary maintenance provisions of the Telstra Redundancy Agreement (clause 15.2) will not apply:
17.5 Temporary assignment to a higher position
If an employee is temporarily occupying a higher position, they will receive the Company Rate for the job to which they have been temporarily assigned. If the employee is a Grandfathered Employee, any Grandfathered Allowance that they are being paid will automatically adjust to ensure that their Actual Salary is retained for the period of the temporary assignment.
18. Customer Field Workstream (CFW)
18.1 Structure of CFW Work
In the CFW, the basic field workforce structure is a team. A team will cover either a geographic area or an overlaying specialist activity for a number of geographic team areas. A team will be headed by a Team Leader and consist of a variable number of generalist and/or specialist employees.
18.2 Multi-functional work provisions - CFW
18.2.1 An employee engaged in a CFW job may be requested to perform any CFW function at or below their work Band and if they have the necessary tool set (ie. Training/Competency, Tools, Required Equipment, Vehicle) they will use their skills and abilities to complete the task competently.
18.2.2 An employee may also be requested to perform higher level functions, typical of higher Bands in the CFW, in a temporary capacity during times of peak work load or for employee development purposes, where they have the appropriate tool set. Such requests should be the exception, not the rule, in work allocation and usually would result from jeopardy avoidance or an urgent, first-in response requirement. Employees are expected to use their skills and abilities to complete the task competently.
18.2.3 If an employee is required to frequently work at a higher Band, consideration will be given to an ongoing requirement for a higher Band job.
18.3 Log on and travel arrangements
18.3.1 Field-Based Employees - Travel to Worksites
A field based employee in the CFW may be supplied with a Telstra vehicle to enable them to do their job. If an employee is supplied with a Telstra vehicle they will be required to sign a Commuter Use Approval document concerning the vehicle's use, care and maintenance.
Note 1: If an employee currently has a Telstra vehicle under the Part Private Use Arrangement that existed before 1 March 1999, these arrangements continue to apply. Part Private Use is not available to other employees.
Note 2: An extract of the Operational Vehicles Policy setting out the business rules for Commuter Use Category Vehicle usage will be tendered as an exhibit in the proceedings for the certification of this Agreement. An employee supplied with a Telstra vehicle is required to commence and cease work at a customer's premises in accordance with this clause.
18.3.2 Start of Day procedures - first job received on the day
These procedures apply where an employee receives their first job of the day by logging on to an automated dispatch terminal, where one is provided, or by other means, eg. telephone/electronic. The procedures in this subclause do not apply to an employee who receives their first job of the day the previous evening.
(a) Living within their work area:
18.3.3 Start of Day procedures - first job received the night before
These procedures apply where an employee receives their first job of the day by an automated dispatch terminal, where one is provided, or by other means, eg. telephone/electronic, the night before the following working day.
18.3.4 Living within their work area
18.3.5 Where an employee lives outside their work area
Where an employee lives outside their work area, time spent travelling between their home and the boundary of the work area whether going to or returning from work, will also be deemed as unpaid work in addition to the unpaid 30 minutes travel time described in clauses 18.3.2 (a) (iii) and 18.3.4(ii) above.
18.3.6 Where an employee is required to travel to another work area
Where an employee is required to start work in another work area, they will not be required to travel in their own time for a period greater than that described in clause 18.3.5 above.
18.3.7 End of day procedures
Employees (covered by clauses 18.3.2 - 18.3.6) will be expected to travel for the same time period (unpaid) described above in order to return home at the end of each day. Where travel will exceed this travel time the employee should contact their supervisor/Work Management Centre as necessary due to local circumstances, to seek direction on whether they should leave early or overtime should be worked.
18.3.8 Transfer to another work area
In the case of permanent transfer to another work area, the appropriate relocation policy, as varied from time to time, will apply.
18.3.8 Return of motor vehicles
During any industrial dispute involving employees covered by this Agreement, if so directed, an employee must deliver his/her Telstra-provided vehicle to a place nominated by Telstra, and provide the keys of that vehicle to a person nominated by Telstra.
19. Multi-functional work provisions - TW and TPW
An employee engaged in a TW job may be requested to perform any TW function at or below their work Band. An employee engaged in a TPW job may be requested to perform any TPW function at or below their work Band. If the employee has the necessary tool set (ie. Training/ Competency, Tools, Required Equipment, Vehicle) they will use their skills and abilities to complete the task competently.
19.1.1 An employee may also be requested to perform higher level functions, typical of higher Bands in the TW or the TPW, respectively, in a temporary capacity during times of peak work load or for employee development purposes, where they have the appropriate tool set. Such requests should be the exception, not the rule, in work allocation and usually would result from jeopardy avoidance or an urgent, first-in response requirement. Employees are expected to use their skills and abilities to complete the task competently.
19.1.2 If an employee is required to frequently work at a higher Band, consideration will be given to an ongoing requirement for a higher Band job.
PART 5 - SALARY ARRANGEMENTS, ALLOWANCES AND SUPERANNUATION ARRANGEMENTS
20.1 On the First Increase Date, every employee covered by the terms of this Agreement will be paid a salary increase of 2.5% of the Company Rate for their Workstream and Band;
20.2 On the Second Increase Date, every employee covered by the terms of this Agreement will be paid a salary increase of 2.5% of the Company Rate for their Workstream and Band;
20.3 On the Third Increase Date, every employee covered by the terms of this Agreement will be paid a salary increase of 2.5% of the Company Rate for their Workstream and Band.
20.4 The Company Rates that apply for the First, Second and Third Increase Dates are set out in Schedule A.
21.1 The rates for the Allowances referred to in Schedule B are payable from the First Increase Date.
21.2 Grandfathered Allowance
21.2.1 If on the date immediately prior to this Agreement coming into effect, an employee was being paid a Grandfathered Allowance under a Certified Agreement listed in clause 5.1(a) to (f), then from the commencement of this Agreement the employee will be paid the Company Rate for their job plus the Grandfathered Allowance.
22.1 An employee may request Telstra to deduct a pre-tax superannuation contribution from the employee's Actual Salary.
22.2 Subject to the terms below, Telstra will deduct the pre-tax superannuation contribution (and where applicable, any amount that Telstra incurs in respect to taxation of the pre-tax superannuation contribution*) and contribute it on their behalf to the employee's superannuation fund.
22.3 Such contribution will only be made if the superannuation fund rules permit acceptance of such payment and Telstra is able to comply with all statutory requirements in relation to the contribution.
22.4 A request for deduction and contribution shall be made in accordance with a written form provided by Telstra.
22.5 Telstra shall comply with the employee's request, and contribute the pre-tax superannuation contribution to the superannuation fund, within a reasonable period of time after Telstra receives a properly completed written form from the employee.
22.6 No request under this clause will reduce the employee's Actual Salary for the Calculation of Salary Related Benefits.
* This amount incurred in respect to taxation only presently as applies to existing employees who are members of the Telstra defined benefit arrangement
Annual leave accrues on a pro-rata basis and may be taken by an employee at their initiative following such accrual, subject to the agreement of their manager. The quantum of annual leave, afforded to employees, and other arrangements relating to the payment and taking of such leave, continue to be regulated by the GC Award.
24.1 This clause will only apply in the event that Telstra is no longer bound by the Long Service Leave (Commonwealth Employees) Act 1976 ("LSL Act"). In that event, and subject to clause 24.2, the terms and conditions of the LSL Act (as at the date of certification of this Agreement) will continue to apply to permanent employees, excluding Supplementary Workers (to whom Schedule C applies) and Casual employees, for the life of this Agreement.
24.2 This clause operates to the exclusion of any State law in relation to long service leave or which provides any benefits in the nature of, or in respect of, long service leave.
25.1 This clause will only apply in the event that Telstra is no longer bound by the Maternity Leave (Commonwealth Employees) Act 1973 ("Maternity Leave Act"). In that event, and subject to the provisions of this clause, the terms and conditions of the Maternity Leave Act (as at the date of certification of this Agreement) will continue to apply to permanent employees, excluding Supplementary Workers (to whom Schedule C applies) and Casual employees, for the life of this Agreement.
25.2 During an unpaid maternity leave period, an employee may apply for and shall be granted accrued annual leave or long service leave. An employee is not eligible to receive additional payments or time in lieu for Public Holidays during any such period of annual leave or long service leave.
25.3 An employee shall receive her Actual Salary during any period of paid maternity leave, and annual leave or long service leave referred to in clause 25.2.
25.4 An employee who wants to return to part-time work (or any other flexible work arrangement) after Maternity Leave may apply to their manager. All applications for flexible working arrangements will be carefully considered, having regard to the employee's needs and Telstra's business and customer requirements.
PART 7 - DISPUTE AVOIDANCE AND CONSULTATION
26. Dispute avoidance/resolution
26.1 The Parties are committed to avoiding industrial disputation.
26.2 Telstra aims to provide a productive, rewarding, safe and non-discriminatory work environment for its employees. This environment should be characterised by co-operation, mutual respect and open communication between employees and managers.
26.3 Where employees 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, ie. within two (2) working days. Telstra acknowledges the right of employees 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.
26.4 If the matter cannot be resolved with the employees' 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.
26.5 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 relevant Group Managing Director and the General Manager, Human Resources of the Business Unit and relevant union officials for resolution within five (5) working days. During the period referred to in clauses 26.1 to 26.5 inclusive, normal work will continue and Telstra will not implement the matters in dispute. After completion of these steps, Telstra may implement the matters in dispute without prejudice to the final resolution of the matter.
26.6 If the matter still remains unresolved, the Parties may refer it to an agreed mediator, which may be the Australian Industrial Relations Commission. The 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.
26.7 The Parties agree that the General Manager, Human Resources of the Business Unit 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.
26.8 Nothing in these procedures will:
27.1 The Parties recognise that the telecommunications industry is becoming more competitive and continues to be subject to significant change.
27.2 Against this background, Telstra remains committed to providing secure employment for employees in a manner consistent with prudent management.
27.3 Telstra acknowledges that some business decisions will impact on employees' personal and working lives and is committed to minimising any adverse impact to the extent practicable. The following Consultative Arrangement will assist in this.
27.4 Where Telstra proposes to introduce significant business initiatives or major changes, which have a demonstrable impact on employees (including Telstra policy which affects employment conditions), managers will consult with the employees who may be affected by the proposed changes and their union as early as practicable. A demonstrable impact on employees will arise in circumstances such as major changes in technology, outsourcing, or the composition, operation or size of Telstra's workforce or in the skills required, the elimination or diminution of job opportunities.
27.5 Telstra will consult with the employees affected and their union(s) on the introduction of the changes referred to in clause 27.4, the effect the changes are likely to have on employees, and where possible the measures to avert or mitigate the adverse effects of such changes on employees. Further, Telstra will give consideration to matters raised by the employees and/or the union(s) in relation to the changes and give reasons for its decisions.
(a) an external consultant expert in Telstra's Job Evaluation and Classification System;
(b) a Telstra representative; and
(c) a nominee of the union.
(a) their Actual Salary will not be reduced;
(b) they will be paid the Company Rate for the new job; and
(c) to ensure that their Actual Salary is retained any Grandfathered Allowance that they previously received will automatically adjust (up or down).
(a) if the employee's Actual Salary for their old job is less than the Company Rate for their new job, they will be paid the Company Rate for the new job; or
(b) if the employee's Actual Salary for their old job is greater than the Company Rate for their new job, they will be paid the Company Rate for the new job plus a Grandfathered Allowance equal to the difference between their old Actual Salary and the Company Rate for the new job. An employee's Grandfathered Allowance will replace any Grandfathered Allowance that they may have previously received (as part of the employee's Actual Salary) for their old job.
i. Where an employee lives within their work area they are required to commence to log on no later than 30 minutes before their "on site" start time.
ii. After logging on and receiving their first job they will commence travel to their first job. They will travel without unnecessary delay. Where it takes 30 minutes or less for the employee to log on and travel to their first job, they are required to be on site at their start time.
iii. The 30 minutes log on and travel time described above do not constitute paid work.
iv. "Work area" means the geographical area in which an employee is normally expected to work. The geographical work area is determined by the volume of work undertaken by a team member under a team leader. This work area can be described by a number of telephone exchanges. Employees are allocated to a work area and these work areas will be the points of reference to calculate any arrangements contemplated in clause 18.3.8.
i. Where the employee lives within their work area they are required to travel up to 30 minutes in their own time in order to get on site to commence their first job at their start time.
ii. The 30 minutes travel time described above do not constitute paid work.
iii. Where travel to the first job will exceed 30 minutes the employee should make arrangements with their supervisor/manager to either:
iv. "Work area" means the geographical area in which an employee is normally expected to work. The geographical work area is determined by the volume of work undertaken by a team member under a team leader. This work area can be described by a number of telephone exchanges. Employees are allocated to a work area and these work areas will be the points of reference to calculate any arrangements contemplated in clause 18.3.8.
(a) prevent any party from exercising its rights under the Workplace Relations Act 1996; or
(b) prejudice the position of a party in a genuine health and safety situation.
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