AT806388 - Telstra/APESMA Award 2001 [Transitional]

This Fair Work Australia consolidated award incorporates all amendments up to and including 12 September 2005 (variation PR959042).

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

20.	Safety net
Appendix A
Appendix B

About this Award:
This award consolidates Telstra/APESMA Award 1995 AW799835.

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.

AT806388 [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. 00410 of 1998)

TELSTRA/APESMA AWARD 1995
(ODN C No. 03722 of 1976)
[Print L9385 [T0583]]

Various employees	Telecommunications services	
		
COMMISSIONER LEWIN	MELBOURNE, 28 MARCH 2001	

Award simplification.

ORDER

A.	Further to the decision issued by the Commission on 5 July 2000, [Print S7575] 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/APESMA Award 2001.

2.	ARRANGEMENT

1.	Title
2.	Arrangement
3.	Definitions
4.	Parties bound
5.	Operation
6.	Duration
7.	Inconsistency with act and determinations
8.	Salaries and jobs
9.	Work organisation
10.	Payment of salary
11.	Hours of work - other than shift workers
12.	Shift work and overtime on shift work
13.	Meal break
14.	Overtime
15.	Allowances
16.	Relationship to National Training Wage Award 2000
17.	Notice boards
18.	Disclosure of qualifications
19.	Exemptions
20.	Safety net [PR959042]

Appendix A [PR959042]
Appendix B [PR959042]
Appendix C

3.	DEFINITIONS

3.1	Telstra means the Telstra Corporation Limited.

3.2	Union means the The Association of Professional Engineers, Scientists and Managers, 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 - Salaries and jobs, Appendix A and B;

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 TELSTRA/APESMA Award 1995 [Print L9385 [T0583]].

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 28 March 2001 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.	SALARIES AND JOBS

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

Position	
	
Professional	
1	
2	
3	
4	
	
Professional 1	
Engineering Graduate	
	
Experienced Engineer 	
	
Cadet (Professional) (while attending an educational institution)	
	
During periods of training	
	
Manager	
Grade 1	
Grade 2	
Grade 3	
	
Communications Consultant	

9.	WORK ORGANISATION

Telstra may direct an employee to carry out such work as is within the limits of the employee’s skill 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 time 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 employees. Telstra will take all reasonable measures to ensure that the said salaries will be accessible by the employee on the pay day.

11.	HOURS OF WORK - OTHER THAN SHIFT WORKERS

11.1	The ordinary hours of work will be 36.75 per week. That is, seven hours and 21 minutes per day Monday to Friday from 9.00 a.m. to 4.45 p.m. and three hours on Saturday from 9.00 a.m. to 12.00 noon, or such other commencing and finishing times (within the limits of 8 a.m. and 6 p.m. Monday to Friday and 8.00 a.m. and 1.00 p.m. on Saturday), as may be determined by Telstra.

11.2	Saturday work

An employee who works ordinary hours on Saturday in accordance with 11.1 will be paid an additional amount of 40% of salary for all ordinary time worked.

11.2.1	An employee not rostered to work ordinary hours on Saturday will be paid at the normal overtime rate for Saturday work as prescribed by clause 10 – Overtime, of the GC.

11.2.2	Subject to clause 24 – Annual leave - of the GC, the additional payment for ordinary work on a Saturday will be made for any such work which an employee would have performed had they not been on annual leave.

11.2.3	The additional payment prescribed in 11.2 will be excluded when calculating overtime or determining any allowance based upon salary. It will also not be paid for any shift work attracting an additional payment.

11.3	Northern Territory

In the application of 11.1 to an employee in a job employed in the Northern Territory 8:00 a.m. will be read as 7.30 a.m. and 6.00 p.m. will be read as 5.30 p.m.

12.	SHIFT WORK AND OVERTIME ON SHIFT WORK

12.1	The ordinary hours of work of Professional Engineers required to work shift will not exceed 40 per week, or an average of 40 over a cycle of shifts.

12.2	Overtime will be payable to a full-time or part-time employee working in accordance with 12.1 for:

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

12.2.2	for a part time employee work performed in excess of 36.75 hours per week.

12.3	For overtime worked in accordance with 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	Break between shifts

Where practicable, shifts will be so arranged that there is a minimum break of ten hours, including reasonable travelling time, between the completion of work on one shift and the commencement of work on the next.

12.5	Notice of roster change

12.5.1	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.

12.5.2	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 employee.

12.5.3	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 12.5.1.

12.6	Exchange of shifts

12.6.1	Employees will be allowed to exchange shifts, 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

Employees will have an unpaid meal break after no longer than five 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

14.1	Telstra may require an employee to work reasonable overtime.

14.2	Where an employee works his/her ordinary hours in accordance with 11.1 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.

14.3	For overtime worked in accordance with 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.

14.4	Rest relief after overtime

14.4.1	An employee will have at least ten consecutive hours off work (inclusive of reasonable travelling time) between periods of ordinary hours of work.

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

14.4.3	If an employee is required to resume or continue work without ten 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 ten consecutive hours off work without loss of pay for ordinary hours work scheduled during that absence.

14.4.4	The provisions of 14.4.1, 14.4.2 and 14.4.3 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 three hours on each attendance.

14.4.5	The provisions of 14.4.1, 14.4.2 and 14.4.3 will not apply to overtime worked immediately prior to the commencement of ordinary hours of work, unless the overtime work is of at least three hours duration.

14.5	Overtime payments - part-time employees

A regular part time employee will be paid overtime in accordance with 14.3 when he/she works:

14.5.1	Outside the span of ordinary hours; or

14.5.2	Outside the regularly rostered daily hours of an equivalent full time employee; or

14.5.3	Work other than specified in 14.5.1 or 14.5.2 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 Public Holiday Work and clause 14 – Sunday Work - of the GC).

15.	ALLOWANCES

15.1	Wearing of breathing apparatus allowance

An employee who is required to work in areas where asbestos is evident will wear respiratory protective equipment supplied by the company. The respiratory equipment will conform, where relevant, to the Australian Standard 1716 (Specification for Respiratory Devices). The employee will be paid a breathing apparatus allowance at the rate shown in Item 1 of Appendix C of $1.38 for each hour worked in such an area.

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 C.

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.

15.3	Country employees meal allowance

15.3.1	An allowance shown as Item 3 of Appendix C will be paid to an employee at a country station when he/she is away from his/her usual workplace during the midday meal hour, providing that the employee normally returns to his/her home for their midday meal and the manager certifies that the employee was sent away from the usual workplace without notice being given before the employee left home, and without an opportunity of visiting home and arranging for a meal and that the employee was not within 6.4 kilometres of the workplace between the hours of 12.00 p.m. and 2.00 p.m.

15.3.2	An employee will be paid the allowance as provided in 15.3.1 where an employee is required on any day or part thereof to work in snow at least 10 cm deep.

15.3.3	Where an employee is eligible for an allowance as specified in 15.3.1 and 15.3.2:

15.3.3(a)	An employee will only be eligible to claim payment for one country employees meal allowance per day;

15.3.3(b)	An employee receiving Travelling Allowance will not be eligible to claim payment for country employees meal allowance;

15.3.3(c)	In addition, an employee will be subject to the provisions of clause 20 – meal allowance – of the GC.

15.4	Height allowance

An employee required to carry out work on a tower, mast, guy-rope and all telecommunications structures on the external faces of buildings and parapets, at a height of at least fifteen metres for a minimum of two hours in any day, shall be paid a height allowance at the rate shown in Item 4 of Appendix C.

16.	RELATIONSHIP TO NATIONAL TRAINING WAGE AWARD 2000

16.1	The parties to this award will comply with the terms of the National Training Wage Award 2000 [Print T0813 [N0277]], as varied, as though bound by clause 4 of that award.

16.2	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, B and C in the manner specified in clause 5 of the National Training Salary Interim Award 1994, as varied.

17.	NOTICE BOARDS

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

18.	DISCLOSURE OF QUALIFICATIONS

An employee whose salary and/or classification is determined by reference to the employee’s qualifications will, if required by Telstra, provide verification of that qualification.

19.	EXEMPTIONS

19.1	Except with a manager’s approval, the occupants of positions the minimum salary of which exceeds the maximum salary of a Professional 2 will not be eligible to receive any overtime payment under clause 14 - Overtime, of this award or clause 10- Overtime, GC; clause 11 – Overtime - minimum payment GC; clause 19 - Excess travelling time; clause 12 – Public holidays, GC; and clause 22 - Essential customer servicing allowance, GC.

19.2	For the purposes of 19.1 the award salary of the Professional 2 will be adjusted on 1 July of each year following the most recent Safety Net Adjustment decisions (or such like) of the Australian Industrial Relations Commission.

20.	SAFETY NET

[20 substituted by PR959042 ppc 22Jun05]

20.1	The rates of pay in this award include the arbitrated safety net adjustments payable under the Safety Net Review - Wages May 1999 [Print R1999], Safety Net Review - Wages - May 2000 [Print S5000], Safety Net Review - Wages - May 2001 [PR002001], Safety Net Review - Wages - May 2002 [PR002002], Safety Net Review - Wages - May 2003 [PR002003] and Safety Net Review - Wages - May 2004 [PR002004] decisions. These arbitrated safety net adjustments 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.

20.2	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

[Appx A substituted by PR959042 ppc 22Jun05]

1.	SALARIES AND JOBS

1.1 	An employee employed in one of the following classifications before 28 March 2001 will be paid a total rate in accordance with Column B. An employee employed in one of the following classifications on or after 28 March 2001 will be paid the Minimum Rate in accordance with Column A.

1.2 	Professional engineers employed by Telstra who are covered by this award will be classified in one of the following salary ranges or at one of the following salary levels.

	Column A 	Column B			
Position	Minimum rate 	Residual	Increment	Total Rate	
	$ 	$	$	$	
					
Professional 1	30,300		30,300	30,316	
					
Professional 1
Engineering Graduate
note (a) (refer clause 1.3)	35,753			35,753	
		1,306	36,317	37,623	
		1,376	38,067	39,443	
					
Experienced Engineer
note (b) (refer clause 1.3)	44,807			44,807	
					
2	47,417			47,417	
		1,705	46,599	48,304	
					
3	53,524			53524	
					
		2,050	55,596	57,646	
					
4	63,468			63,468	
					
Cadet (Professional)
(while attending an
educational institution)	19,160			19,160	
during periods of training	26,155			26,155	

1.3	A salary shown at note(a) will be payable to a Professional 1 (Engineering Graduate). A salary shown at note (b) will be payable to a Professional 1 (Experienced Engineer).

1.3.1	Professional Engineering work will mean the work carried out by an employee in any particular employment the adequate discharge of any portion of which requires qualifications as (or at least equal to those of) a graduate member of the Institution of Engineers, Australia.

1.3.2	Professional Engineer will mean an employee qualified to carry out professional engineering work as defined in 1.3.1. The term Professional Engineer embraces and includes the term Graduate Engineer and Experienced Engineer as defined in 1.3.3 and 1.3.4.

1.3.3	Graduate Engineer will mean a professional engineer who is the holder of a university degree (four or five year course) recognised by the Institution of Engineers, Australia, or is the holder of an appropriate degree, diploma or other testamur.

1.3.4	Experienced Engineer will mean a professional engineer who is eligible to be a member of the Institution of Engineers, Australia or has four years experience on professional engineering work since becoming a graduate engineer.

2.	CADET ENGINEER

2.1	An employee who is a Cadet Engineer and less than 21 years of age will be paid an annual rate of salary equivalent to the appropriate percentage as follows, of the minimum salary specified for an adult Administrative Officer 1 by the Telstra/CPSU Award 1998 during periods of practical training in Telstra and at the rate of $15,846 during all other periods.

Age	Percentage	
	%	
		
Under 18 years	60 	
At 18 years	70 	
At 19 years	81 	
At 20 years	91 	

2.2	An Engineer Cadet will be eligible for:

2.2.1	payment of an allowance of $200 per annum to provide for books and equipment; and

2.2.2	reimbursement for all compulsory fees paid during the year.

APPENDIX B

[Appx B substituted by PR959042 ppc 22Jun05]

1.	An employee employed in one of the following classifications before 28 March 2001 will be paid a Total Rate of pay in accordance with Column B. An employee employed in one of the following classifications on or after 28 March 2001 will be paid the Minimum rate in accordance with Column A.

	Column A 	Column B			
Position 	Minimum rate 	Residual	Increment	Total Rate	
	$ 	$	$	$	
					
Manager Grade 1	48,556			48,566	
					
Grade 2 	52,702			52,702	
					
Grade 3 	57,340			57,340	
					
Communications Consultant 	47,313		47,313	47,313	
		1,769	48,286	50,055	
		1,882	51,224	53,106	
		1,996	54,162	56,158	
		2,109	57,100	56,271	
		2,166	58,579	59,266	

APPENDIX C

[Note:  Allowance rates set out below should not be varied for a period of three years from 1 June 2005, see PR959042]

Item 1:	Wearing of Breathing Apparatus Allowance = $1.38 for each hour worked (clause 15.1).

Item 2:	Office Renovations Disability Allowance = $2.84 per shift (clause 15.2).

Item 3:	Country Employees Meal Allowance = $11.80 (clause 15.3).

Item 4:	Height Allowance = $6 for each such day. (clause 15.4).

** end of text **