AT806391 - Telstra/AMWU Award 2001 [Transitional]

This Fair Work Australia consolidated award incorporates all amendments up to and including 28 March 2001 (PR902659).

About this Award:
This award consolidates  the Telstra/AMWU Award 1997 [AW800418]

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.

AT806391 [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. 00409 of 1998)

TELSTRA/AMWU AWARD 1997
(ODN C No. 30845 of 1992)
[Print P3857 [T1198]]

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 S7737] 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/AMWU 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.	Exemptions
18.	Safety net

Appendix A
Appendix B

3.	DEFINITIONS

3.1	Telstra means the Telstra Corporation Limited.

3.2	Union means the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

3.3	GC means the Telstra 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, B, and C;

4.2	the union and its officers; and

4.3	employees referred to in 4.1 who are members of the union.

5.	OPERATION

5.1	This award replaces and wholly supersedes the Telstra/AMWU Award 1997 [Print 3857 [T1198]].

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

Position	
	
Tradesperson	
1	
2	
3	
4	
5	
6	
	
Professional	
1	
	
Professional 1
Engineering Graduate	
2	
3	
4	
	
Drafting	
Grade 1	
Grade 2	
	
Senior Drafting Officer	
Grade 1	
Grade 1 (Holding)	
Grade 2	
	
Principle Drafting Officer	
Grade 1	
Grade 2	
	
Graphic Designer Grade 1	
Grade 1	
Grade 2	
	
Senior Graphic Designer	
Grade 1	
Grade 2	
	
Principle Graphic Designer	
Grade 1	
Grade 2	
	
Cadet (Professional) (while attending an educational institution)	
during periods of training	

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.

11.	HOURS OF WORK - OTHER THAN SHIFT WORKERS

11.1	The ordinary hours of work will not exceed 36.75 per week, i.e. seven hours 21 minutes per day Monday to Friday, within the limits of 8.00 a.m. to 6.00 p.m. Where a reduced number of attendances are worked the hours of work will not exceed an average of 36.75 hours per week made up of a maximum of eight hours and ten minutes per day Monday to Friday, within the limits of 8.00 a.m. to 6.00 p.m.

11.2	Any employee will be liable to be called for work any time that he/she is required, subject to payments for overtime under the conditions set out in clause 14.

12.	SHIFT WORK AND OVERTIME ON SHIFT WORK

12.1	The ordinary hours of work of an employee required to work shift will not exceed 36.75 per week, or an average of 36.75 over a cycle of shifts.

12.2	Overtime will be payable for all work performed in excess of 36.75 hours per week or an average of 36.75 per week, as the case may be.

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

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

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

12.4	For overtime worked in accordance with 12.3.1 and 12.3.2 payment will be at the rate of 150% for the first three hours and 200% thereafter Monday to Friday.

12.5	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.

12.6	Notice of roster change

12.6.1	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 has been given.

12.6.2	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.

12.6.3	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 12.6.1.

12.7	Exchange of Shifts

12.7.1	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	In the case of an employee required to work outside his/her ordinary hours of work overtime will be payable:

14.2.1	for work performed before 8.00 a.m. and/or after 6.00 p.m. Monday to Friday;

14.2.2	for work performed between 8.00 a.m. and the normal commencing time on any day, Monday to Friday, where the employee performs work prior to 8.00 a.m. and also completes a normal day's work on that day;

14.2.3	for work performed between 8.00 a.m. and 6.00 p.m. after the completion by the employee of a normal day's duty on any day, Monday to Friday, where the employee performs work after 6.00 p.m. on that day;

14.2.4	for work (other than work specified in 14.2.2 in this subclause) performed in excess of 36.75 hours per week, within the limits of 8.00 a.m. and 6.00 p.m. Monday to Friday.

14.3	Payment for overtime will be made at the rate of time and a half for the first three hours and double time thereafter for any overtime worked Monday to Saturday subject to the conditions prescribed in clause 10 of the GC.  For the purposes of clause 10 of the GC the prescribed weekly hours before overtime is payable will be 36.75.

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 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 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 14.5 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 clauses 14.5.1 and 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 employees will be paid a Breathing Apparatus Allowance at the rate shown in Item 1 of Appendix B 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 employees 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.

15.3	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 B.

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 of this award in the manner specified in clause 5 - Coverage of award of the National Training Wage Award 2000, as varied.

17.	EXEMPTIONS

17.1	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 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.

17.2	For the purposes of 17.1 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.

18.	SAFETY NET

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 the salary table 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

1.	SALARIES AND JOBS

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.

The residual amounts in Column B are absorbed against future Safety Net Adjustments.

	Column A	Column B			
Position	Minimum rate	Residual	Increment	Total rate	
	$	$	$	$	
Tradesperson					
1	22,096	754	22,096	22,850	
		772	22,540	23,312	
2	24,268	837	24,268	25,105	
		869	25,108	25,977	
		903	25,996	26,899	
3	26,686	931	26,686	27,617	
		968	27,674	28,642	
		1,007	28,660	29,667	
4	30,530	1,083	30,530	31,613	
		1,120	31,518	32,638	
		1,159	32,504	33,663	
5	33,984	1,216	33,984	35,200	
		1,272	35,466	36,738	
		1,329	36,946	38,275	
6	37,829	1,367	37,829	39,196	
		1,417	39,112	40,529	
					
Professional					
1	25,308	877	25,308	26,185	
		949	27,160	28,109	
		1,019	29,013	30,032	
					
Professional 1
Engineering Graduate note(a)		1,090	30,761	31,851	
		1,162	32,613	33,775	
		1,234	34,465	35,699	
		1,306	36,317	37,623	
		1,376	38,067	39,443	
		1,448	39,919	41,367	
2	42,529	1,549	42,529	44,078	
		1,626	44,566	46,192	
		1,705	46,599	48,304	
3	48,636	1,782	48,636	50,418	
		1,873	50,954	52,827	
		1,962	53,274	55,236	
		2,050	55,596	57,646	
4	58,580	2,165	58,580	60,745	
					
Drafting Officer					
Grade 1	22,936	786	22,936	23,722	
		813	23,626	24,439	
		850	24,614	25,464	
		889	25,600	26,489	
		930	26,666	27,596	
Grade 2	25,600	889	25,600	26,489	
		930	26,666	27,596	
		988	28,166	29,154	
		1,044	29,544	30,588	
		1,092	30,785	31,877	
					
Senior Drafting Officer					
Grade 1	31,716	1,127	31,716	32,843	
		1,166	32,702	33,868	
		1,202	33,737	34,939	
Grade 1 (Holding)	28,166	988	28,166	29,154	
		1,044	29,544	30,588	
		1,092	30,785	31,877	
		1,138	31,435	32,573	
		1,166	32,702	33,868	
		1,205	33,734	34,939	
		1,239	34,576	35,815	
Grade 2	34,563	1,252	34,563	35,815	
		1,276	35,564	36,840	
		1,323	36,791	38,114	
					
Principle Drafting Officer					
Grade 1	39,408	1,428	39,408	40,836	
		1,492	41,058	42,550	
Grade 2	42,566	1,550	42,566	44,116	
		1,631	44,708	46,339	
		1,692	46,268	47,960	
					
Graphic Designer Grade 1					
Grade 1	22,936	786	22,936	23,722	
		813	23,626	24,439	
		850	24,614	25,464	
		889	25,600	26,489	
		930	26,666	27,596	
Grade 2	25,600	889	25,600	26,489	
		930	26,666	27,596	
		988	28,166	29,154	
		1,044	29,544	30,588	
		1,092	30,785	31,877	
					
Senior Graphic Designer					
Grade 1	31,716	1,127	31,716	32,843	
		1,166	32,702	33,868	
		1,202	33,737	34,939	
Grade 2	34,576	1,239	34,576	35,815	
		1,276	35,564	36,840	
		1,323	36,791	38,114	
					
Principle Graphic Designer					
Grade 1	39,408	1,428	39,408	40,836	
		1,492	41,058	42,550	
Grade 2	42,566	1,550	42,566	44,106	
		1,631	44,708	46,339	

Cadet (Professional) (while attending an educational institution)	14,272	452	14,724		
		466	14,587	15,053	
					
during periods of training	21,267	722	21,267	21,989	
		744	21,881	22,625	
		767	22,440	23,207	
		788	23,004	23,792	
		810	23,565	24,375	
		832	24,124	24,956	

1.1	A salary shown at note (a) will be payable to a Professional 1 (Engineering Graduate).

1.1.1	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.

1.1.2	Professional Engineer will mean an employee qualified to carry out professional engineering work as defined in 1.1.1. The term professional engineer embraces and includes the term “graduate engineer” and “engineer” as defined in 1.1.3.

1.1.3	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.

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 $10,958 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 books and equipment.

APPENDIX B

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 =  $6.00 for each such day (clause 15.4).

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