AT806383 - Telstra/CEPU - Operators (Salaries and Specific Conditions of Employment) Award 2001 [Transitional]

This Fair Work Australia consolidated award incorporates all amendments up to and including 21 July 2004 (variation PR949794).

Clauses affected by the most recent amendment(s) are:

14.	Overtime

About this Award:
This award consolidates Australian Telecommunications Commission Telephone and Phonogram Staff (Salaries and Specific Conditions of Employment) Award 1978 [AW765590].

Printed by authority of the Commonwealth Government Printer.

Disclaimer:
Please note that this consolidated award is prepared by the staff of Fair Work Australia and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia’s website (www.fwa.gov.au) or purchased from any office of Fair Work Australia.

AT806383 [Transitional FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00405 of 1998)

AUSTRALIAN TELECOMMUNICATIONS COMMISSION TELEPHONE AND PHONOGRAM STAFF (SALARIES AND SPECIFIC CONDITIONS OF EMPLOYMENT) AWARD 1978
(ODN C No. 01172 of 1977)
[Print D8077 [A0194]]

Various employees	Telecommunication services	
		
COMMISSIONER LEWIN	MELBOURNE, 28 MARCH 2001	

Award simplification.

ORDER

A.	Further to the decision issued by the Commission on 5 July 2000, [Print S7573] the above award is varied as follows:

By deleting all clauses, schedules and appendices and inserting the following:

1.	TITLE

This award will be known as the Telstra/CEPU - Operators (Salaries and Specific Conditions of Employment) Award 2001.

2.	ARRANGEMENT

1.	Title
2.	Arrangement
3.	Definitions
4.	Parties bound
5.	Operation
6.	Duration
7.	Inconsistency with acts and determinations
8.	Salaries and jobs
9.	Work organisation
10.	Payment of salary
11.	Hours of work
12.	Shift work and overtime on shift work
13.	Meal break
14.	Overtime [PR949794]
15.	Allowances
16.	Rest break
17.	Relationship to National Training Wage Award 2000
18.	Casual and part time employment
19.	Notice boards
20.	Safety net adjustments

Appendix A
Appendix B

3.	DEFINITIONS

3.1	Company means the Telstra Corporation Limited.

3.2	Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

3.3	GC means the Telstra Corporation General Conditions Award 2001 [AW806392 PR902661].

4.	PARTIES BOUND

This award is binding on:

4.1	Telstra in respect of employees who are employed by Telstra in the jobs specified in Clause 8, Appendix A; and

4.2	the union and its officers; and

4.3	employees referred to in 4.1.

5.	OPERATION

5.1	This award replaces and wholly supersedes the Australian Telecommunications Commission Telephone and Phonogram (Salaries and Specific Conditions of Employment) Award 1978

5.2	This award applies in conjunction with the provisions of GC. However, to the extent that the award is inconsistent with the GC, this award prevails.

6.	DURATION

This award will come into force on and from 28 March 2001 and will remain in force for a period of six months.

7.	INCONSISTENCY WITH ACTS AND DETERMINATIONS

Where the provisions of this award are inconsistent with the Telstra Corporation Act 1992, as amended from time to time, or any determination made by Telstra then the provisions of this award will prevail.

8.	SALARIES AND JOBS

The annual salaries and jobs for employees covered by this award are set out in Appendix A. The jobs covered by this award are set out below.

Position	
	
Operator Services	
Grade 1	
	
Grade 2	
	
Grade 3	
	
Grade 4	
	
Grade 5	
	
Grade 6	

9.	WORK ORGANISATION

An employee may be directed to carry out such duties which are within the relevant position classification standards of the corporation and are within the limits of the employee’s skill, competence and training.  Provided that such duties are not designed to promote de-skilling and that when employees are required to work at a level above their designated work level, they will be remunerated at the level commensurate with the duties performed.

A requirement for supervisors to perform work of employees of a lower classification from time to time as short term relief or temporary support for other employees in appropriate circumstances does not constitute deskilling.

10.	PAYMENT OF SALARY

Salary will be expressed as an annual amount but will be paid fortnightly in arrears. Salary and any other associated payments will be deposited into a bank or other recognised financial institution nominated by the employee.

11.	HOURS OF WORK

11.1	The ordinary hours of duty will be 34 hour per week or an average of 34 hours per week for all staff members other than Service Advisors or Night Duty staff.

11.2	The ordinary hours of duty for Service Advisors or Night Duty staff will be 36.75 per week or an average of 36.75 hours per week.

11.3	Night Duty is defined as a shift in which the hours of duty fall wholly between the hours of 8 p.m. and 8 a.m.

12.	SHIFT WORK AND OVERTIME ON SHIFT WORK

12.1	Shift Work - Overtime

12.2	Overtime will be payable to a full-time, part-time or casual employee who works in accordance with Clause 11.1 for:

12.2.1	work performed on any day which is beyond the ordinary rostered hours of work for a full-time employee on that day; or

12.2.2	work other than specified in 12.2.1 performed in excess of four hours of the prescribed weekly average.

12.3	For overtime worked in accordance with Clauses 12.2.1 and 12.2.2 payment will be at the rate of 150% for the first three hours and 200% thereafter Monday to Friday.

12.4	An employee who is rostered to work and works ordinary work on a shift, any part of which falls between the hours of 6:30pm and 7:30am will be paid 15% additional salary for that shift.

12.5	The additional payment for shift work as provided in Clause 12.4 will not be taken into account for the calculation of overtime or any salary based allowance, nor will it be paid for any shift for which any other form of additional payment is made under this award.

Notice of Roster Changes

12.6	An employee will be given seven days notice of variation to a shift roster. Where seven days notice is not given the employee will be paid at overtime rates (including Higher  Duties Allowance) for those hours of the shift that differ from the originally rostered shift.  The overtime rates will continue until seven days notice have been given.

12.7	The penalty payment will also apply when the employee is returning to his/her original roster, until seven days notice of that change is given, unless the initial change of shift was for a definite limited period notified at that time to the staff member.

12.8	Where the shift change is caused by the absence of another employee, of which Telstra did not have seven days notice, three days notice will apply in lieu of the seven days notice provided in clauses 12.6 and 12.7.

Exchange of Shifts

12.9	Employees will be allowed to exchange shifts, days off, recreation leave or perform work for another employee, subject to the approval of the manager.

(Note:  Refer also to the provisions of Clause 10 - Overtime, Clause 11- Overtime Minimum Payment, Clause 15-Saturday Work -Shift Workers, Clause 14-Sunday Work, Clause 17- Shift Work and Clause 12-Payment for Public Holiday Work; of the GC.)

13.	MEAL BREAK

13.1	Employees will have an unpaid meal break after no longer than 5 hours continuous work..  The duration of the break will be between 30 minutes and one hour and will be determined by the supervisor/manager.

14.	OVERTIME

Overtime Payments

[14.1 substituted by PR949794 ppc 05Jul04]

14.1	Telstra may require an employee to work reasonable overtime in accordance with the provisions of this clause.

14.1.1	An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

14.1.1(a)	any risk to employee health and safety;

14.1.1(b)	the employee’s personal circumstances including any family responsibilities;

14.1.1(c)	the needs of the workplace or enterprises;

14.1.1(d)	the notice (if any) given by Telstra of the overtime and by the employee of his or her intention to refuse it; and

14.1.1(e)	any other relevant matter.

14.2	Where an employee works his/her ordinary hours in accordance with Clause 11 overtime is payable for:

14.2.1	work performed on any day which is beyond the ordinary hours of work for a full-time employee on that day; or

14.2.2	work performed on any day outside the span of ordinary hours.

14.2.3	where an employees weekly rostered hours exceed the average weekly hours prescribed in Clauses 11.1 and 11.2 by more than 4 hours, the excess will be paid for as overtime.

14.3	For overtime worked in accordance with Clause 14.2 payment will be made at the rate 150% for the first three hours and 200% thereafter for all overtime worked Monday to Saturday.

Rest Relief

14.4	Where an employee works overtime between periods of ordinary hours work he/she will have 10 consecutive hours off work between these times before commencing his/her next period of ordinary hours work, without loss of pay.

14.5	If an employee is required to resume or continue work without 10 consecutive hours off work he/she will be paid at 200% until he/she ceases that period of work and will then be eligible to be absent from work until the employee has had 10 consecutive hours off work without loss of pay for ordinary hours work scheduled during that absence.

14.6	The provisions of Clauses 14.4,14.5 will not apply to overtime worked in emergency situations covered by Clause 18 - Emergency Work - of the GC unless the actual time worked is at least 3 hours on each attendance.

14.7	The provisions of clause 14.6 will not apply to overtime worked immediately prior to the commencement of ordinary work, unless the overtime work is of at least three hours duration.

Overtime Payments - Part-time/Casual

14.8	A regular part-time or casual employee will be paid overtime in accordance with Clause 14.3 when he/she works:

14.8.1	Outside the span of ordinary hours; or

14.8.2	Outside the regularly rostered daily hours of an equivalent full time employee.

14.8.3	Work other than that specified in 14.8.1 or 14.8.2 performed in excess of 36.75 hours per week.

(Note:  Refer also to the provisions of Clause 10 - Overtime, Clause 11 - Overtime Minimum Payment, Clause 12 Payment for Holiday Work and Clause 14 - Sunday Work; of the GC.)

15.	ALLOWANCES

15.1	Linguistic Availability Performance Allowance

An employee who is directed to perform, in addition to their other work, work which consists of:

15.1.1	translating speech or written material from one language to another; or

15.1.2	communicating information to a disabled person by means of signs, and translating signs made by a disabled person; will be paid an allowance, while the direction remains in force, a Linguistic Allowance as shown at Item 1 of Appendix B.

15.2	Office Renovation Allowance

15.2.1	Where an employee is required to perform work in an existing building undergoing major structural or internal alterations and encounters a significant disability caused by the alterations for two hours or more on a shift, the employee will be paid an allowance as specified in Item 2 of Appendix B.

15.2.2	For the purpose of this clause, a significant disability occurs when an employee encounters, noise, dust, equipment (such as ladders, power cords) and activities which create disturbance.

15.2.3	Where an employee is exposed to noise associated with the actual performance of the alteration work, for two hours or more on a shift, the employee will be paid the allowance as specified in item 2 of appendix B.

16.	REST BREAK

During any work period of at least three hours, an employee will be given a rest break of at least ten minutes or a break for a meal, provided that at least two Operator employees are present and working.

17.	RELATIONSHIP TO NATIONAL TRAINING WAGE AWARD 2000

17.1	The parties to this Award will comply with the terms of the National Training Wage Award 2000 [Print T0813], as varied, as though bound by Clause 4 of that Award.

17.2	The terms of the National Training Wage Award 2000, as varied, will apply to employment under this Award so as to override the salaries in Appendix A in the manner specified in Clause 5 of the National Training Salary Wage Award 2000, as varied.

18.	CASUAL AND PART TIME EMPLOYMENT

18.1	Casual Employees

18.1.1	A casual employee is an employee engaged to work:

18.1.1(a)	less than 17½ hours per week on a regular basis; or

18.1.1(b)	on an intermittent basis due to the requirements of the company provided that any period of engagement is not expected to extend beyond a period of three calendar months.

18.2	A casual employee will be paid at an hourly rate based on the number of ordinary hours of a full-time employee at the exchange at which the casual employee is engaged, plus 15 per cent.

18.3	A casual employee will be liable to be called for work at any time that he or she is required and will be paid at overtime rates, as provided in clause 14, if the number of hours worked exceeds a number of ordinary hours for a full-time employee at the exchange in which the casual employee is engaged.

18.4	The following clauses only of the GC will apply to a casual employee:

Clause No	Subject	
		
19	Excess travelling time	
20	Meal allowance	

18.5	Regular Part-Time Staff

18.5.1	Telstra may employ regular part-time employees in any job.

18.5.2	A regular part-time employee is a person who:

A.	works less than full-time hours; and

B.	has reasonably predictable hours of work; and

C.	receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

18.5.3	At the time of engagement, Telstra and the regular part time employee will agree in writing on a regular pattern of work specifying:

A.	the ordinary hours worked each day;

B.	which days of the week the staff member will work;

C.	the actual start and finish times; and

D.	any agreed variation to the regular pattern of work will be recorded in writing.

18.5.4	Except as provided in clause 18.5.5, the actual weekly hours and ordinary hours of duty agreed in accordance with clause 18.5.3 shall not be varied, amended or revoked without the written consent of the employee.

18.5.5	The actual hours to be worked in a particular week may be varied by an oral agreement to which the employee willingly consents provided that the total hours to be worked in that week are not changed.  Any variation extending beyond a particular week shall only be with the written consent of the employee.

18.5.6	A regular part-time employee will be paid for all ordinary hours worked at the ordinary hourly rate of pay for a full time employee.

18.5.7	A full time employee may revert to part time if agreed by the manager. The agreement will specify:

A.	the agreed period of part time employment;

B.	the ordinary hours worked each day;

C.	which days of the week the employee will work;

D.	the actual start and finish times; and

E.	the method by which the hours may be varied.

18.5.8	An employee who reverts to part time in accordance with clause 18.5.7 will not be required to revert to full time employment during the agreed period, nor will Telstra be required to convert such an employee to full time employment during the agreed period of part time employment At the end of the agreed time the employee will revert to full time employment unless there is another agreed period of part time work. Any arrangement made, shall be in accordance with Clause 18.5.3 above

19.	NOTICE BOARDS

19.1	Telstra will permit access to or the erection of notice boards to facilitate communication between employees and/or the  union representatives

20.	SAFETY NET ADJUSTMENTS

The salaries in this award include the arbitrated safety net adjustment payable under the April 1998 Safety Net Review - decision [Print Q1998]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay set out in the Residuals column of salary tables in Appendix A below. This arbitrated safety net adjustment may also be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above, the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over-award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

APPENDIX A

1A.	Employees employed in jobs specified below will be paid an annual salary as shown. The description of the work performed for each job is contained in Clause 3A.

		Residual	Total Rate	
Position	Minimum Rate	Lowest	Highest	Lowest	Highest	
	$	$	$	$	$	
Operator Services						
Grade 1	21,060	714	2815	21,774	23875	
						
Grade 2	23,428	806	2651	24,234	26079	
						
Grade 3	25,996	903	2697	26,899	28693	
						
Grade 4	29,450	1,037	2778	30,487	32228	
						
Grade 5	32,848	1,173	2096	34,021	34944	
						
Grade 6	36,354	1,306	2073	37,660	38427	

2A.	SALARIES - TRAINEES

(1)	An Operator Services Grade 1 who is a trainee will be paid a salary calculated  as a percentage of the annual salary rate of the Operator Services Grade 1 as shown below.

Age	Percentage	
Under  17 years	50	
At 17 years	60	
At 18 years	70	
At 19 years	81	
At 20 years	91	
Adult	97	

3A.	JOB DESCRIPTION

3A.1	Operator Services Grade 1 (OS Grade 1)

An OS Grade 1, after completion of training and assessment would be expected, under limited supervision, to undertake all actions directly associated with the delivery of a range of operator assisted services to customers.

3A.2	Operator Services Grade 2 (OS Grade 2)

With minimum supervision, perform a range of operator assisted functions where there is increased product complexity or more sophisticated interface systems which demand a greater level of skill and/or responsibility associated with the provision of customer service; or

Provide assistance to the Support Officer in regard to the specialist support function within the MAC including report writing, staffing functions, inputing data etc.

3A.3	Operator Services Grade 3 (OS Grade 3)

Traffic Supervisor with responsibility for leadership, support, development, assessment, etc, of a group of operators; or

Undertake the functions of a specialist support officer, including performance analysis and reporting, administration, staffing, statistics, etc.

3A.4	Operator Services Grade 4 (OS Grade 4)

Manage a small MACs/Bureaus with less than 50 full-time equivalent staff employed, the manager.  In a large MAC/ Bureau, perform the work of an assistant manager responsible for the traffic and support functions.  As a Trainer take charge of all the training activities within the MAC/Bureau, including both procedural training (operation of equipment) and development training (customer contact, communication skills, assertiveness etc).  Assist in the selection interview process for MAC staff and undertake induction programs for new starters.

3A.5	Operator Services Grade 5 (OS Grade 5)

Manage a medium MAC/Bureau, Medium is defined as those MACs/Bureaus having between 50 and 90 full-time equivalent staff employed.  As a Trainer take charge of the management and delivery of the range of customer training services for specified business customer.  In particular, provide training and assistance in the use of Telstra’s equipment and services; market the full range of customer training services available; design and implement training courses to meet business customer requirements.

3A.6	Operator Services Grade 6 (OS Grade 6)

Manage a large MAC/Bureau having 90 full-time equivalent staff or more employed.  As a Trainer manager the Customer Demonstration and Training Centres and co-ordinate all of the delivery of the range of customer training services for all business customers in a specified area.  In particular, manage the Demonstration and Training Centres, provide high level training and assistance in the use of Telstra’s equipment and services, market the full range of customer training services, design and implement training courses to meet business customer requirements, co-ordinate all customer training activities and train and develop all Customer Trainers.

APPENDIX B

Item 1:	Linguistic Availability Performance Allowance	
	(Clause 15.1)	
	$608 per annum	
		
Item 2:	Office Renovations Disability Allowance	
	(Clause 15.2.1)        $2.84 per shift.	
	(Clause 15.2.3)        $3.73 per shift.	

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