AT822302 - Telstra Employees (Conditions of Redundancy) Award 2003 [Transitional]

This Fair Work Australia consolidated award incorporates all amendments up to and including 1 April 2003 (PR928725).

About this Award:
This award consolidates the Australian Telecommunications Commission Employees (Conditions of Redundancy) Award 1978 [AW804100].

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.

AT822302 [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. 00406 of 1998)

AUSTRALIAN TELECOMMUNCATIONS COMMISSION EMPLOYEES (CONDITIONS OF REDUNDANCY) AWARD 1978
(ODN C No. 00787 of 1978)
[Print D8283 [804100]]

Various employees	Telecommunications services	
		
COMMISSIONER LEWIN	MELBOURNE, 1 APRIL 2003	

Award simplification.

ORDER

A.	Further to the decision issued by the Commission on 22 June 2001, [PR905424] the above award is varied as follows:

By deleting all clauses and inserting the following:

1.	TITLE

This award shall be referred to as the Telstra Employees (Conditions of Redundancy) Award 2003.

2.	ARRANGEMENT

1.	Title
2.	Arrangement
3.	Definitions
4.	Application of award
5.	Duration of award
6.	Notice of redundancy
7.	Leave and expenses to seek employment
8.	Election to be terminated or transferred
9.	Provision of income maintenance
10.	Calculation of income maintenance payments
11.	Period of income maintenance for employees
12.	Moving household
13.	Use of accumulated sick leave
14.	Dispute settlement procedure
15.	Substitution of other provisions
16.	Exclusion of short and fixed term employment

3.	DEFINITIONS

In this award

3.1	Association means an organisation of officers or employees who are employed by Telstra.

3.2	Officer and employee shall mean "officer" and "employee" as defined by the Australian Telecommunications Act 1975.

3.3	Telstra means the Telstra Corporation.

4.	APPLICATION OF AWARD

This award shall apply to the Associations listed below, their officers and members being the respondent organisations.

•	CPSU, the Community and Public Sector Union

•	Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

•	The Association of Professional Engineers, Scientists and Managers, Australia

•	Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

and Telstra in respect of officers and employees occupying positions to which the following awards apply:

•	the Telstra / CEPU Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 2001,

•	the Telstra/CEPU - Operators (Salaries and Specific Conditions of Employment) Award 2001,

•	the Telstra / CEPU Lines and General (Salaries and Specific Conditions of Employment) Award 2001,

•	the Telstra/AMWU Award 2001,

•	the Telstra/APESMA Award 2001,

•	the Telstra/CPSU Award 2001,

•	the Telstra/CPSU Sales Award 2001,

•	the Telstra/CPSU Award 2001, and

•	the AOTC/MEAA Award 2003

5.	DURATION OF AWARD

This award shall come into operation on 1 April 2003 and remain in force for a period of six months.

6.	NOTICE OF REDUNDANCY

6.1	Where after Telstra decides that redeployment of any excess staff is not feasible:

6.1.1	a permanent officer, other than one coming within 6.1.2, shall be entitled to six months' formal notice that he or she is excess to the requirements of Telstra;

6.1.2	a permanent officer who has twenty or more years service or who is over forty‑five years of age shall be entitled to twelve months' formal notice that he or she is excess to the requirements of Telstra;

6.1.3	an employee shall be entitled to one month's formal notice that he or she is excess to the requirements of Telstra.

6.2	If at the expiration of the relevant period of notice referred to above, an officer or employee cannot be placed in other suitable employment or training for such alternative employment cannot be arranged:

6.2.1	an officer shall be given one month's formal notice that he or she is to be transferred to a lower salary level or terminated;

6.2.2	an employee may be transferred to a lower salary level or terminated.

7.	LEAVE AND EXPENSES TO SEEK EMPLOYMENT

An officer or employee who has received notice in accordance with clause 6 - Notice of redundancy shall be entitled to reasonable leave with full pay and where such expenses are not met by the prospective employer to reasonable travelling and incidental expenses to attend necessary employment interviews.

8.	ELECTION TO BE TERMINATED OR TRANSFERRED

An officer or employee who has received notice in accordance with clause 6 - Notice of redundancy may, with the approval of Telstra, elect to be terminated or transferred before the expiry date of the notice period in which case the earlier date shall become the date of termination or transfer for the purposes of this award.

9.	PROVISION OF INCOME MAINTENANCE

An officer or employee who is transferred to an office of lower classification and salary shall be eligible to receive maintenance of income payments in accordance with clauses 10 - Calculation of income maintenance payments and 11 - Period of income maintenance for employees, for the period of notice specified in clause 6 - Notice of redundancy.

10.	CALCULATION OF INCOME MAINTENANCE PAYMENTS

10.1	The amounts to be paid by way of maintenance of income payments shall be the amount necessary to bring his or her salary from employment to his/her salary leel at the date of transfer to a lower salary level.

10.2	Where an officer or employee has been acting in a higher position for a continuous period of at least twelve months immediately preceding the date on which he or she received notice in accordance with clause 6 - Notice of redundancy, his or her salary level for the purposes of the clause shall be his or her salary level in such higher position at that date.

10.3	The inclusion as salary of allowance or loadings other than higher duties allowance shall be at the discretion of Telstra.

10.4	The dispute procedure prescribed by clause 14 - Dispute settlement procedure, shall be available to settle disputes under this clause.

11.	PERIOD OF INCOME MAINTENANCE FOR EMPLOYEES

An employee who, at the date of his or her transfer to a lower salary level:

11.1	has twenty or more years of service or who is over 45 years of age and has five years continuous service shall be entitled to receive maintenance of income payments for a period of twelve months from the date of his or her transfer;

11.2	has served continuously for a period of at least three years or has served continuously for a period of one year and it is certified that he or she would have been employed for a period of at least three years but for the occurrence which caused redundancy shall be entitled to receive maintenance of income payments for a period of six months from the date of his or her transfer.

Provided that he or she shall not be eligible to receive maintenance of income payments after he/she has reached the age of 65.

12.	MOVING HOUSEHOLD

Where in the opinion of Telstra it is necessary for a terminated or transferred officer or employee to move his or her household to a new location to take up new employment he or she shall be entitled to be reimbursed all reasonable expenses associated with that transfer.

13.	USE OF ACCUMULATED SICK LEAVE

13.1	The periods of notice under clauses 6 - Notice of redundancy shall be extended by any periods of certificated sick leave taken during such periods.

13.2	An officer or employee who, at the date of transfer, has accumulated sick leave credits shall be entitled to receive maintenance of income payments in respect of loss of income through sickness until such time as those accumulated sick leave credits have been exhausted, provided that:

13.2.1	the rate of payment shall be as provided in clause 10 - Calculation of income maintenance payments;

13.2.2	the entitlement to maintenance of income payments under this clause:

13.2.2(a)	shall not exceed six months leave credits;

13.2.2(b)	shall not apply to uncertificated absences;

13.2.2(c)	shall not extend beyond the age of sixty‑five years;

13.2.3	the period for which maintenance of income payments are paid under clause 10 - Calculation of income maintenance payments shall be extended by the period or periods for which payments are made under this clause;

13.2.4	access to sick leave credits is available only during the period of income maintenance.

14.	DISPUTE SETTLEMENT PROCEDURE

14.1	Without affecting his or her rights under section 55 of the Telecommunications Act of 1975 and/or the Workplace Relations Act 1996 a redundant officer or employee shall have the right of appeal against the application of the provisions of this award.

14.2	The appeal shall be referred to a Committee comprising an independent Chairman agreed to by Telstra and the Association or Associations concerned, an officer or nominee of Telstra and an officer or nominee of the Association or Associations concerned.

14.3	The Committee shall report its findings to Telstra with a recommendation for action appropriate to the case.

15.	SUBSTITUTION OF OTHER PROVISIONS

By agreement between the Association concerned, the officer or employee concerned and Telstra, provisions may be applied to such officer or employee in addition to or in substitution for any or all of the provisions prescribed by this award.

16.	EXCLUSION OF SHORT AND FIXED TERM EMPLOYMENT

The provisions of this award shall not apply to:

16.1	short term casual employees whose employment may be terminated for reasons other than misconduct or incompetence without notice; or

16.2	persons engaged for a fixed term or for the duration of a specific project.

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