MA000041 Telecommunications Services Award 2020

      Part 1-Application and Operation
           1  .	Title and commencement
           2  .	Definitions
           3  .	The National Employment Standards and this award
           4 . 	Coverage
           5  .	Individual flexibility arrangements
           6.  	Requests for flexible working arrangements
           7  .	Facilitative provisions
      Part 2 - Types of Employment and Classifications
           8.  	Types of employment
           9.   	Full-time employees
           10. 	Part-time employees
           11. 	Casual employees
           12. 	Classifications	
	Part 3- Hours of Work
           13. 	Ordinary hours of work and rostering
           13A. 	Employee Right to Disconnect
           14 .	Breaks
	Part 4- Wages and Allowances
           15. 	Minimum rates
           16.	Payment of wages
           17.	Annualised wage arrangements
           18.	Allowances
           19.	Superannuation
	Part 5- Overtime and Penalty Rates
           20.	Overtime
           21.	Penalty rates
	Part 6- Leave and Public Holidays
           22.	Annual leave
           23.	Personal/carer's leave and compassionate leave
           24.	Parental leave and related entitlements
           25.	Community service leave
           26.	Unpaid family and domestic violence leave
           27.	Public holidays
	Part 7- Consultation and Dispute Resolution
           27A.	Workplace delegates' rights
           28.	Consultation about major workplace change
           29.	Consultation about changes to rosters or hours of work
           30.	Dispute resolution
           31.	Dispute resolution procedure training leave
	Part 8- Termination of Employment and Redundancy
           32.	Termination of employment
           33.	Redundancy

           Schedule A  	Classification Structure and Definitions
           Schedule B  	Summary of Hourly Rates of Pay
           Schedule C  	Summary of Monetary allowances
           Schedule D  	School-based Apprentices
           Schedule E  	Supported Wage System
           Schedule F  	Agreement for Time Off Instead of Payment for Overtime
           Schedule G  	Agreement to Take Annual Leave in Advance
           Schedule H  	Agreement to Cash Out Annual Leave
           Schedule I    	Part-day Public Holidays

Telecommunications Services Award 2020

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 202 4 ( PR777268 and PR778003 ).

MA000041 PR778003

DETERMINATION

Fair Work Act 2009 Sch 1, cl 111CFWC to vary certain modern awards
Variation of modern awards to include a right to disconnect term (AM2024/14)

TELECOMMUNICATIONS SERVICES AWARD 2020

[MA000041] Telecommunications services

JUSTICE HATCHER, PRESIDENT VICE PRESIDENT ASBURY DEPUTY PRESIDENT O'NEILL COMMISSIONER MCKINNON SYDNEY,
23 AUGUST 2024
Variation of modern awards to include a right to disconnect term Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) award varied.

A. Further to the decision issued by the Fair Work Commission on 23 August 2024 [[2024] FWCFB 338], the above award is varied as follows:

1. By inserting clause 13AEmployee right to disconnect as follows:
13A. Employee right to disconnect
13A.1 Clause 13A provides for the exercise of an employee's right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee's working hours,
(2) a third party if the contact or attempted contact relates to their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee's refusal is unreasonable.

(c) Section 333M(5) provides that an employee's refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.

(d) Section 333N provides for the resolution of disputes about whether an employee's refusal is unreasonable and about the operation of section 333M.

(e) The general protections in Part 31 of the Act prohibit an employer taking adverse action against an employee because of the employee's right to disconnect under section 333M of the Act.

13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024 - for employers that are not small business employers on this date and their employees.
(b) 26 August 2025 - for employers that are small business employers on 26 August 2024 and their employees.

13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee's working hours where:
(a) the employee is being paid the stand-by allowance under clause 20.9; and
(b) the employer's contact is to notify the employee that they are required to attend or perform work or give other notice about the stand-by.

13A.5 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee's working hours in circumstances including to notify them of:
(a) an emergency roster change under clause 13.5(b); or
(b) a recall to work under clause 20.7 or 20.8.

2. By deleting notes 1 and 2 appearing at the end of clause 30Dispute resolution and inserting the following:

NOTE: In addition to clause 30, the Act contains dispute resolution procedures as follows:

For a dispute about rights under the Act to 		Section 
Request flexible working arrangements 			65B 
Request an extension to unpaid parental leave 		76B 
Exercise an employee's right to disconnect 		333N