OPTUS EMPLOYMENT PARTNERSHIP AGREEMENT (2009)

        PDF Copy of EBA


        1. INTRODUCTION
	1.1 Commitment
	1.2 Optus Values
	1.3 Optus' Obligations: 
	1.4 EmployeesI Obligations:
        2. APPLICATION
        3. DURATION OF AGREEMENT
        4. MAJOR WORKPLACE CHANGE
        5. CONTRACT OF EMPLOYMENT
	5.1 Introduction
	5.2 Full Time Employees
	5.3 Block Time Employees
	5.4 Part Time Employees
	5.5 Casual Employees
	5.6 Individual Flexibility Arrangements
	5.7 Probation Period
	5.8 Termination of Employment
	5.9 Redundancy
        6. HOURS OF WORK
	6.1 Introduction
	6.2 Standard Provisions
	6.3 Rates of Pay - Definitions
	6.4 Core Rate
	6.5 Non Core Rate (Shift) - Definitions
	6.6 Loadings - Monday to Friday
	6.7 Loadings - Saturday, Sunday and Public Holidays
	6.8 Loadings - General
	6.9 Shift Work Arrangements
	6.10 Overtime
	6.11 Time Off in Lieu
	6.12 Overtime - Applicable Rate
	6.13 Unscheduled Customer Servicing / On-Call
	6.14 Rest Breaks
	6.15 Partial Exemptions
        7. CLASSIFICATIONS, MINIMUM RATES AND REMUNERATION
	7.1 Introduction
	7.2 Job Classifications/Minimum Rates
	7.3 Optus Remuneration Management
	7.4 Employee Share Ownership
	7.5 Annual Leave Loading
	7.6 Youth Rates
	7.7 Payments
	7.8 Superannuation
        8. LEAVE PROVISIONS
	8.1 Annual Leave
	8.2 Sick Leave
	8.3 Parental Leave
	8.4 Jury Leave
	8.5 Bereavement & Compassionate Leave
	8.6 Public Holidays
	8.7 Long Service Leave
	8.8 Carer's Leave
	8.9 Emergency Services Leave
	8.10 Other Leave
	8.11 Paid Leave Defined
	8.12 Effect of Unpaid Leave
        9. ISSUE PREVENTION AND RESOLUTION
	9.1 Introduction
	9.2 Customer Supply Continuity
        10. TRAINING
        11. WORKING ENVIRONMENT
        12. WORKERS' COMPENSATION

        APPENDIX A - MINIMUM RATES
        APPENDIX B - ISSUE PREVENTION AND RESOLUTION

Status

[2009] FWAA 629, PR989872. EMPLOYMENT PARTNERSHIP AGREEMENT

[2009] FWAA 629

DECISION

Fair Work Act 2009 s.185-Approval of enterprise agreement

Optus Administration Pty Limited

(AG2009/15340) OPTUS EMPLOYMENT PARTNERSHIP AGREEMENT (2009)

Telecommunications services

COMMISSIONER ROBERTS BRISBANE, 15 OCTOBER 2009

Application for approval of the Optus Employment Partnership Agreement (2009).

[1] An application has been made for approval of an enterprise agreement known as the Optus Employment Partnership Agreement (2009) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Optus Administration Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 22 October 2009. The nominal expiry date of the Agreement is 21 October 2012.

COMMISSIONER

[2009] FWAA 629

AMENDMENT TO DECISION

Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement

Optus Administration Pty Limited

(AG2009/15340) OPTUS EMPLOYMENT PARTNERSHIP AGREEMENT (2009) (ODN AG2009/15340) [AE871783]

Telecommunications services

COMMISSIONER ROBERTS SYDNEY, 23 OCTOBER 2009

Application for approval of the Optus Employment Partnership Agreement 2009.

[1] On 15 October 2009 I approved the Optus Employment Partnership Agreement (2009) (the Agreement)1. The application for approval pursuant to s.185 of the Fair Work Act 2009 (the Act) was lodged by Optus Administration Pty Limited (Optus) on 28 September 2009.

[2] On or about 21 October 2009 I was contacted via my Associate by a representative of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) on behalf of Mr Blackburne, the Assistant Secretary of the CEPU, advising me that the CEPU had drafted but neglected to lodge a form F22 seeking to be covered by the Agreement. It was put to me that this was purely an administrative oversight. The CEPU then contacted Optus at my request and Optus has confirmed that it is not opposed to the CEPU being a party to the Agreement. In this context, I note that Optus' original application for approval of the Agreement notes: "The CEPU has advised Optus of its support for EPA 2009 in correspondence and otherwise through flyers distributed to employees advocating a 'yes' vote for EPA 2009." The application went on to say: "Optus is uncertain whether the CEPU's support will extend to formally seeking to be covered by EPA 2009."

[3] I am satisfied that there has been an administrative error on the part of the CEPU in not filing its notice to be covered by the Agreement prior to the approval of that agreement on 15 October 2009. On the materials available to me, the CEPU is entitled to be covered by the Agreement and this is noted in Optus' original application and in an email to my Chambers on 23 October 2009.

[4] On the basis of the above, I have decided to amend the decision issued on 15 October 2009 (PR989872) to approve the Agreement, pursuant to s.201(2) of the Act, to include the following: [2009] FWAA 629

"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."

COMMISSIONER