AT836064 - Telstra/CPSU Sales Award 2004 [Transitional]

This Fair Work Australia consolidated award incorporates all amendments up to and including 22 September 2005 (variation PR962975).

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

10.	Salaries

About this Award:
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.

AT836064 [Transitional FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s113 application for variation

CPSU, the Community and Public Sector Union
(C2003/4925)

TELSTRA/CPSU SALES AWARD 2004

Telecommunication services		
		
COMMISSIONER THATCHER	SYDNEY, 30 JULY 2004	

New award.

ORDER

A.	Further to the hearing of this matter on 27 July 2004, the Telstra/CPSU Sales Award 2001 has been set aside [PR950288], and the following new award is made in part settlement of the finding of an industrial dispute by Commissioner Cox on 11 February 1993 (ODN C No. 32214 of 1993):

1.	TITLE

This award shall be known as the Telstra/CPSU Sales Award 2004.

2.	ARRANGEMENT

1.	Title
2.	Arrangement
3.	Definitions
4.	Parties bound
5.	Operation
6.	Duration
7.	Inconsistency with Act and Determinations
8.	Hours of work
9.	General conditions of employment
10.	Salaries [PR962975]
11.	Payment of salary
12.	Payment of commission
13.	Procedure to avoid disputation

3.	DEFINITIONS

3.1	Telstra means the Telstra Corporation Limited.

3.2	Union means the Community and Public Sector Union.

3.3	GC means the Telstra Corporation General Conditions Award 2001 [AW806392 PR902661] as varied from time to time.

3.4	Salesforce employee means an employee:

(a)	engaged by Telstra in an active selling role; and
(b)	who has a salary component at risk; and
(c)	who is within the classification structure in this award; and
(d)	who does not have employees (excluding administrative employees) directly reporting to them.

4.	PARTIES BOUND

This award is binding on:

4.1	Telstra in respect of Salesforce employees;

4.2	the union, its officers and members; and

4.3	Salesforce employees.

5.	OPERATION

5.1	This award replaces and wholly supersedes the Telstra Sales Force Conditions Award 1993 [Print L0009 [T0425]].

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

6.	DURATION

This award will come into force on and from 27 July 2004 and will remain in force for a period of six months.

7.	INCONSISTENCY WITH ACT 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.	HOURS OF WORK

The provisions of this clause apply to an employee employed as a Salesforce employee.

8.1	A Salesforce employee other than provided in 8.2 will not have a fixed span of hours. However, for the purposes of the definition of all eligibilities, normal hours will be deemed to be seven hours and 21 minutes per day (ie 36.75 hours per week).

8.2	A Salesforce employee who carries out his/her defined role from a Telstra office based location and who is not field based will be subject to the provisions of clause 11 – Hours of work – other than shift workers of the Telstra/CPSU Award 2001 as may be varied from time to time and clause 10 – Overtime of the GC, in determining ordinary hours of work and overtime.

9.	GENERAL CONDITIONS OF EMPLOYMENT

Salesforce employees will be subject to the following clauses of the GC except where such clauses may be inconsistent with this award.

Clause 9	Five day working week	
Clause 12	Payment for holiday work	
Clause 14	Sunday work	
Clause 16	Saturday work other than shift workers	
Clause 19	Excess travelling time	
Clause 20	Meal allowance	
Clause 21	Higher classification allowance	
Clause 22	Essential customer servicing	
Clause 23	Annual leave	
Clause 25	Personal / Carer’s Leave	

For a Salesforce employee as defined in 8.2.

10.	SALARIES

[10 substituted by PR962975 ppc 09Sep05]

Award classification and indicative titles	Indicative work	Minimum base salary per annum	
		$	
			
Telesales	Salesforce employees, within defined procedures, who are engaged in selling Telstra products and services via telephone.	29 694	
			
Sales Specialist	This is an entry level face to face role for salesforce employees engaged in proactively prospecting and targeting of both existing and potential business customers by visiting their premises.	31 476	
			
Account Executive	Salesforce employees engaged in primarily visiting current business customers on their premises to manage any or all of Telstra's products and services.	48 379	
			
	As a business partner analyse the customer requirements and assist them to make the best decision from Telstra’s offerings of products and services.		
			
	This role includes selling and a customer relationship management function.		
			
Senior Account Executives	This is a senior sales role for salesforce employees engaged in primarily visiting current business customers on their premises to manage any or all of Telstra's products and services.	51 707	
			
	As a business partner analyse the customer requirements and assist them to make the best decision from Telstra’s offerings of products and services.		
			
	This role includes selling and a customer and industry relationship management function.		

10.1	Arbitrated safety net adjustment

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review from and including - the Safety Net Review-Wages April 1999 decision [R1999] to Safety Net Review - Wages May 2004 [PR002004]. This arbitrated safety net adjustment may 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 overaward 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.

11.	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 in a bank or other recognised financial institution nominated by a Salesforce employee.

12.	PAYMENT OF COMMISSION

12.1.1	A Salesforce employee’s remuneration may be constituted by base salary plus commission and/or bonus.

12.1.2	The minimum base salary component of a Salesforce employee’s remuneration is specified in clause 10.

12.1.3	Commission earned by the employee will be paid to him/her no later than 1 month after the employee has provided Telstra with all necessary information to process the contract for the products and services according to its usual processes.

12.2	General Provisions

12.2.1	Telstra will not reduce the rate or rates of commission without first providing affected Salesforce employees with one (1) month’s notice.

12.2.2	Commission payable on cessation of employment

Where the employment of a Salesforce employee ceases any commission earned or bonus payments owing to the employee will be paid.

12.3	Leave payments

12.3.1	Payment of personal leave and annual leave will be calculated and paid according to base salary, plus commission or bonus received in the 12 month period immediately prior to the leave being taken. Until a sales employee has been employed for 12 months, he or she will be paid according to base salary plus percentage of commission target or bonus achieved.

13.	PROCEDURE TO AVOID DISPUTATION

13.1	The primary responsibility for dispute resolution is between employees and their manager/supervisors. In the event of a dispute arising in the workplace, about the application of this award, the procedure to be allowed to resolve the matter will be as follows:

13.2	The employee(s) and their manager(s)/supervisor(s) will meet and confer on the matter.

13.3	If the matter is not resolved at the meeting, the parties will arrange for further discussions between the employees and more senior levels of management. The employees may have a representative. The representative may participate fully but not answer questions on behalf of the person/s raising the grievance or dispute. Where the representative is also an employee of the employer, both persons shall have a reasonable amount of paid time off work to prepare for the meeting.

13.4	If the matter is still not resolved the parties will elevate it to the head of the Business Unit with written advice to Human Resources. At the election of the person raising the grievance, she/he shall be entitled to representation in the manner described in 13.3.

13.5	If the matter is still not resolved it may be referred to the Australian Industrial Relations Commission. Where a representative from the workplace has been involved and that person is requested to continue to be the sole representative, then the representative and the person involved in the grievance shall be granted time off work without loss of pay for the purpose of attending the hearing only.

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