ESTA SUPPORT STAFF ENTERPRISE AGREEMENT 2021
Emergency Services Telecommunications Authority Support Staff Enterprise Agreement 2021
1. Title
2. Arrangement of agreement
3. Parties bound
4. Date and period of operation
5. Definitions, acronyms & abreviations
6. Equal employment opportunity/harassment, workplace diversity & inclusion
7. Occupational health & safety and emergency wardens
8. Location
9. Probation
10. Types of employment
11. Hours of work
12. Flexible working arrangements
13. Duties
14. Higher duties
15. Paymentofwages
16. Exclusivity of employment
17. Confidentiality
18. Employee development
19. Performance and development review
20. Remuneration
21. Shift penalties (shift workers)
22. Overtime
23. Meal allowance
24. On-call allowance
25. Rest breaks
26. Annual leave
27. Annual leave loading
28. Long service leave
29. Career break
30. Parental leave
31. Assisted reproductive treatment leave
32. Compassionate leave
33. Personal/carer's leave
34. Personal leave donation
35. Family violence leave
36. Public holidays
37. Cultural and ceremonial leave
38. Superannuation
39. Job sharing
40. Accident pay
41. Industrial training leave
42. Uniform
43. Drugs and alcohol
44. Esta policies, procedures and protocols
45. Consultative committee
46. Workplace reform
47. Settlement of disputes
48. Termination
49. Transmission of business
50. Right of entry
51. Employee representative
52. Discipline
53. Individual flexibility arrangements
54. Professional indemnity
55. Peer support
56. Emergency services games
57. Blood donation leave
58. No extra claims
Sch A Classifications
Sch B Overview of process for determining remuneration within a band
[2022] FWCA 213
DECISION
Fair Work Act 2009 s.185Enterprise agreement
Emergency Services Telecommunications Authority T/A ESTA
(AG2021/9187)
FairWork
Commission
EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY SUPPORT STAFF ENTERPRISE AGREEMENT 2021
Telecommunications services
COMMISSIONER O'NEILL
MELBOURNE, 27 JANUARY 2022
Application for approval of the Emergency Services Telecommunications Authority Support
Staff Enterprise Agreement 2021
[1] ESTA has applied for approval of an enterprise agreement known as the Emergency Services Telecommunications Authority Support Staff Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[5]
I observe that the following provisions are likely to be inconsistent with the National
Employment Standards (NES):
Clause 33.9 Carer's Leave; and
Clauses 35.4 and 35.5 Family Violence Leave Eligibility.
However, noting the undertakings given by the Employer, I am satisfied the more beneficial
entitlements of the NES will prevail where there is an inconsistency between the Agreement
and the NES.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
IN THE FAIR WORK
COMMISSION
Undertaking Section 190
1. I, Sujay Capoor, give the following undertaking with respect to Agreement and
declare that I have the authority to give this undertaking on behalf of the ESTA.
2. The Agreement will be read and interpreted in conjunction with the National
Employment Standards (NES). Where there is an inconsistency between the
Agreement and the NES, and the NES provides a greater benefit, the NES provision
will apply to the extent of the inconsistency.
3. I understand that the undertaking will be taken to be a term of the Agreement.
Date signed: 24 January 2022
Printed by authority of the Commonwealth Government Printer
Fair Work Act 2009 (Cth) (FW Act)
Matter number: AG2021/9187
ESTA: Emergency Services Telecommunications
Authority (ESTA)
Application: Section 185 Application for approval of a
single enterprise agreement, namely the
Emergency Services Telecommunications
Authority Support Staff Enterprise Agreement
2021 (Agreement)
Authorised representative: Sujay Capoor
Head of Workplace Relations
For and on behalf of the ESTA by:
(In accordance with s.190(5) of the FW
Act)
Sujay Capoor
Signature:
Witness name: Skye Buckle
Witness signature:
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