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TELSTRA ENTERPRISE AGREEMENT 2019-2021

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FWC CERTIFICATION DECISION

[2020] FWCA 3097 FAIR WORK COMMISSION
DECISION
TELSTRA ENTERPRISE AGREEMENT 2019-2021

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Annexure A

FURTHER REVISED SCHEDULE OF UNDERTAKING AS AT 11 JUNE 2020

I refer to the application by Telstra Corporation Limited Telstra for the approval of the Telstra Enterprise Agreement 2019 - 2020 in matter AG.2019/4937. Telstra provides the following undertakings to the Fair Work Commission pursuant to section 190 of the Fair Work Act 2009

Minimum rates of pay

1. The minimum rates of pay for Job Family Employees and Retail Job Family Employees set out in the table in item A5 of Appendix A of the Agreement are replaced with the following minimum rates of pay:

                  Customer  Customer  Professional Corporate  ---Sales Job Family--
                  Support   Support   Technical    Support    Office  Office  Field
                  Technical Non       Services     Services   Based   Based   Based
                            Technical                         Retail  Non     
                  Job       Job       Job          Job                Retail     
            Band  Family    Family    Family       Family
Commencement  2   $88,900   S85,400   $90,200      $86,100    $68,900 $68,900 $73,900
              3i  $74,100   $64,400   $76,800      $68,500    $59,900 $59,900 $61.700
              3ii $55,600   $53,000   $60,900      $55,600    S45,800 S51,200 $47.700
              4i  $53,600   $47,200   N/A          $47,500    S43,500 $48,100 N/A
              4ii $51,000   $45,300   N/A          $43,500    N/A     N/A     N/A
Following     2   $88,900   S85,400   $90,200      $86,100    $68,900 $68,900 $73,900
1 July 2020   3i  $74,100   $64,400   $76,800      $68,500    $59,900 $59,900 $61.700
              3ii $57,300   $54,600   $62,800      $57,300    S47,200 S52,800 $49,200
              4i  $55,300   $48,700   N/A          $49,000    S44,900 $49,600 N/A
              4ii $52,600   $46,700   N/A          $44,900    N/A     N/A     N/A

NOTE: The rates applicable from "Commencement - 30 June 2020" set out in the table above absorb the 0.3% increase to an employee's Fixed Remuneration referred to in clause A1.1 to Appendix A.

NOTE: The one-off payment referred to in clause A1.2 of Appendix A to the Agreement will he calculated with reference to an eligible employee's Fixed Remuneration from 1 October 2019 (or the date they commenced employment with Telstra if this is later) until immediately before The Agreement commences.

First aid allowance

2. Whilst a Job Family Employee or Retail Job Family Employee is a nominated first aid officer under clause 68 of the Agreement they will be paid a weekly allowance fixed at the rate of $18.30.

Meal allowance

If a Retail Job Family Employee is eligible for a meal allowance under clause 54.1 of the Agreement, they will be paid a meal allowance fixed at the rate of $20.02 for each occasion.

Paid meal breaks for shiftworkers

If Job Family Employee performs shiftwork under the agreement, and they are required by Telstra to remain in attendance during a scheduled meal break under clause 16.1 of the Agreement, they Will be paid at the applicable ordinary rare of pay under the Agreement for that meal break.

5. If a Retail Job Family Employee performs shiftwork under the Agreement, all meal breaks under clause 16.1 of the Agreement will be paid at the applicable ordinary rate of pay Lender the Agreement and form part of the hours of work.

Essential customer servicing

6. Telstra will not rely on clause 74.2 of the Agreement to the extent it excludes a Field Based Sales Job Family Employee from eligibility for on-call, emergent call and immediate call allowances.

Minimum engagement period for overtime not continuous with ordinary hours work - non restriction situations

If Telstra requires a Job Family Employee to perform overtime not continuous with ordinary hours work (excluding meal breaks) in a non-restriction situation under the Agreement, the minimum engagement period is four hours at the applicable rate of pay under the Agreement for each separate attendance.

This undertaking does not apply to:
a. a Customer Support (Technical) Job Family Employee:
b. a Job Family Employee working scheduled additional hours from home in accordance with clause 17.4 of the Agreement;
c. a Job 7-Family Employee performing essential customer servicing in accordance with clause 74 of the Agreement:
d. a Job Family Employee working additional hours in an emergency situation in accordance with clause 75 of the Agreement.

Retail Job Family Employees engaged on a part-time basis working additional hours

8. If a Retail Job Family Employee (other than an Exempt Employee) is engaged on a part-time basis and is authorised by Telstra to work in excess of their agreed number of ordinary hours. (including their ordinary hours varied by agreement with Telstra, they will be paid at the overtime rates set out in clause 17.2(a) of the Agreement.

Unpaid bereavement leave for employees engaged on a casual basis

9. A Telstra employee engaged on a casual basis is entitled to two days' unpaid compassionate leave for each occasion in accordance with sections 104 and 1O5 of the Fair Work Act 2009 (Cth).

Personal/carer's leave

10 To the extent of any inconsistency between the clauses governing Personal Leave in the Agreement (clauses 28 and 29) and the provisions covering Personal/Carer's Leave in the NES, Telstra will ensure that employees receive no less than the entitlement to 10 days' Personal/Carer's Leave provided in the NES.

Application of Agreement terms to Non-Retail Casual Employees

11. Notwithstanding clause 13.2(c) of the Agreement, the following clauses of the Agreement apply to Non-Retail Casual Employees:
a. clause 16.1 (meal breaks)
b. clause 17.1(b) and (c) (working additional hours):
c. clause 68 (allowances for all employees); and
d. clause 69 (higher duties allowance).

12. Notwithstanding clause 13.2(c) of the Agreement, if a Non-Retail Casual Employee agrees to perform shiftwork or temporary shift work, clauses 15.1,. 15.2 and 15.4 of the agreement will apply. Additional payments under clause 13.4 and clause 15.4(f) are not cumulative. Only the highest applicable payment will apply. The additional payments under clause 13.4 or 15.4(f) and the casual loading in clause 13.2(b) are calculated separately as a percentage of the applicable hourly minimum rate of pay under the Agreement.

13. Whilst a Non-Retail Casual Employee is a nominated first aid officer under clause 68 of the Agreement, they will be paid a weekly allowance fixed at the rate of $18.30.

14. The ordinary hours worked by a Non-Retail Casual Employee will be up to 36.75 hours per week. The total additional hours worked by a Non-Retail Casual Employee will be in accordance with section 62 of the Fair Work Act 2009 (Cth).

Definitions CWU T&S Branch

15. Agreement means the Telstra Enterprise Agreement 2019-2021.

16. Telstra Award means the Telstra Award 2015 (as amended or replaced from time to time.

17. Retail Award means the General Retail Industry Award 2010 (as amended or replaced from time to time.

18. Customer Support (Technical) Job Family Employee means an employee in the Customer Support (Technical) Job Family classified at Band 3ii, Band 4i or Band 4ii under the Agreement.

19. Customer Support (Non-Technical) Job Family Employee means an employee in the Customer Support (Non-Technical) Job Family classified at Band 3ii, Band 4i or Band 4ii under the Agreement.

20. Professional Technical Services Job Family Employee means an employee in the professional Technical Services Job Family classified at Band 3ii under the Agreement.

21. Corporate Support Services Job Family Employee means an employee in the Corporate Support Services Job Family classified at Band 3ii, Band 4i or Band 4ii under the Agreement.

22. Field Based Sales Job Family Employee means an employee in the Field Based Sales Job Family classified at Band 3ii under the Agreement.

23. Office Based (Non-Retail) Sales Job Family Employee means an employee in the Office Based (Non-Retail) Sales Job Family classified at Band 3ii or Band 4i under the Agreement who is covered by the Telstra Award. An employee in the Office Based (Non-Retail) Sales Job Family operates predominantly from a Telstra office based location that is not a retail outlet.

24. Job Family Employee means a Customer Support (Technical) Job Family Employee, a Customer Support (Non-Technical) Job Family Employee, a Professional Technical Services Job Family Employee, a Corporate Support Services Job Family Employee, a Field Based Sales Job Family Employee and an Office Based (Non-Retail) Sales Job Family Employee who is covered by the Telstra Award.

25. Retail Job Family Employee means an employee in the Office Based (Retail) Sales Job Family classified at Band 3ii or and 4i under the Agreement who is covered by the Retail Award. An employee in the Office Based (Retail) Sales Job Family operates predominantly from a Telstra retail outlet.

26. Non-Retail Casual Employee means an employee engaged to work on a casual basis under clause 13.1 of the Agreement who is covered by the Telstra Award.

27. Exempt Employee has the meaning in clause 72 of the Agreement

28. Fixed Remuneration has the meaning in Section 15 of the Agreement.

Signed for, and on behalf of Telstra Corporation Limited:

Signature Name Lauren Frazer
Position HR Manager- Employee Relations Transformation, Communications & People
Date 11 June 2020


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