Fair Work Act 2009
s.158—Application to vary or revoke a modern award

Telstra Corporation Limited
(AM2021/85)

TELSTRA AWARD 2015
[MA000123]

Application to vary the Telstra Award 2015 – award varied.

A. Further to the decision issued by the Full Bench of the Fair Work Commission on 12 July 2022 [[2022] FWCFB 124], the above award is varied as follows:

1. By inserting the words “, Telstra Limited and Amplitel Pty Ltd” after the words “Telstra means Telstra Corporation Limited” appearing in clause 3.

2. By deleting the word “Overtime” at the beginning of clause 10.2(b) and inserting “Subject to clauses 19.14 and 19.15, overtime”.

3. By deleting the words “paid annual leave, paid personal leave, redundancy pay and notice of termination of employment” appearing in clause 10.3(b) and inserting “entitlements from which casuals are excluded by the terms of this award and the NES”.

4. By inserting as a paragraph below clause 19.2(b) the following:

These hours may be worked continuously or, as agreed between Telstra and an employee, in multiple discrete periods throughout the course of a day.

5. By deleting clause 19.6 and inserting the following:

19.6 Span of ordinary hours for day work

(a) Subject to clause 19.6(b), the ordinary hours of work for a day worker will be worked between the following spread of hours:

Monday to Friday – 7.00 am to 7.00 pm.

(b) Where a day worker enters into a preferred hours arrangement under clause 19.14, the ordinary hours of work for a day worker can be worked between:

Monday to Sunday – 6.00 am to 11.00 pm.

6. By deleting the paragraph at the beginning of clause 19.7 and inserting the following:

The ordinary hours for shiftworkers will be worked at the discretion of Telstra on any days of the week, Monday to Sunday, subject to clause 19.5 and the penalty rates in this clause. Where an employee has agreed to work multiple discrete periods of work in a day in accordance with clause 19.5, a reference to a “shift” in this subclause is a reference to each period, with penalties to apply to each period of work separately. The ordinary hours of work for shiftworkers will not exceed 36.75 hours per week, or an average of 36.75 hours over a cycle of shifts.

7. By deleting the word “Employees” wherever it appears in clause 19.8 and inserting “Shiftworkers”.

8. By deleting clause 19.9 and inserting the following:

19.9 Minimum break between shifts

(a) Wherever reasonably practicable, where an employee works a shift roster, shifts will be arranged so 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 shift.

(b) Where an employee has agreed to be rostered for multiple discrete periods of work on the same day in accordance with clause 19.15:

(i) clause 19.9(a) will apply between the last such period of work and the commencement of work on the next shift; and

(ii) unless otherwise agreed, such periods of work will be arranged so that there is a minimum break of one hour, plus reasonable travelling time if applicable, between the completion of work in one such period and the commencement of work on the next.

9. By inserting clause 19.14 as follows:

19.14 Preferred hours arrangements

A day worker may enter into a preferred hours arrangement on the terms set out in this clause. Such an arrangement will not be a condition of employment with Telstra and can only be made after an employee has commenced employment with Telstra.

(a) A preferred hours arrangement may be entered into if an employee makes a request in writing to enter into such an arrangement and Telstra agrees. Telstra may decline such a request at Telstra's discretion.

(b) A preferred hours arrangement will include two consecutive days off each week, unless otherwise requested by an employee and agreed to by Telstra.

(c) The agreement between Telstra and the individual employee to enter a preferred hours arrangement must be in writing, name the parties to the agreement and be signed (or otherwise accepted in writing) by Telstra and the individual employee and, if the employee is under 18 years of age, the employee's parent or guardian.

(d) An agreement made under this clause must:

(i) be made genuinely without coercion or duress;

(ii) detail the preferred hours arrangement, including the days and hours when the individual employee will work; and

(iii) state the date that it commences and, if applicable, the end date.

(e) Telstra must give the individual employee a copy of the agreement and keep a copy of the agreement as a time and wages record.

(f) Where a preferred hours arrangement applies, an employee may work their ordinary hours in accordance with clause 19.6(b), without the payment of overtime as a result of working the preferred hours arrangement.

(g) A preferred hours arrangement is subject to the right of Telstra to reasonably give directions from time to time that an employee is required to work overtime or be available to work overtime outside of the employee's preferred hours arrangement.

Where this occurs, the employee will be entitled to overtime payments in accordance with clause 20.4 if clause 14 does not apply.

(h) An employee is not, by reason of working under a preferred hours arrangement, taken to be a shiftworker or entitled to shift loadings.

(i) A preferred hours arrangement may be varied as agreed in writing between the employee and Telstra. Any variation is subject to the requirements of clause 19.14(c)–(e) inclusive.

(j) A preferred hours arrangement may be terminated:

(i) by either the employee or Telstra giving the other party four weeks' written notice of the agreement's termination; or

(ii) as agreed between the employee and Telstra: at any time.

Once the arrangement is terminated, an employee's ordinary hours of work will be in accordance with 19.6(a).

10. By inserting clause 19.15 as follows:

19.15 Multiple discrete periods of work in a day

A shiftworker may enter into an arrangement where the employee performs multiple discrete periods of work in a day on the terms set out in this clause. Such an arrangement will not be a condition of employment with Telstra and can only be made after an employee has commenced employment with Telstra.

(a) An arrangement to perform multiple discrete periods of work in a day may be entered into if an employee makes a request in writing to enter into such an arrangement and Telstra agrees. Telstra may decline such a request at Telstra's discretion.

(b) The agreement between Telstra and the individual employee to perform multiple discrete periods of work in a day must be in writing, name the parties to the agreement and be signed (or otherwise accepted in writing) by Telstra and the individual employee and, if the employee is under 18 years of age, the employee's parent or guardian

(c) An agreement made under this clause must:

(i) be made genuinely without coercion or duress;

(ii) detail the agreed arrangements, including details about how the employee will be rostered; and

(iii) state the date on which it commences and, if applicable, the end date.

(d) Telstra must give the individual employee a copy of the agreement and keep a copy of the agreement as a time and wages record.

(e) The arrangement to perform multiple discrete periods of work in a day may be varied as agreed in writing between the employee and Telstra. Any variation is subject to the requirements set out at clause 19.15(b)–(d) inclusive.

(f) The arrangement to perform multiple discrete periods of work in a day may be terminated:

(i) by either the employee or Telstra giving the other party four weeks’ written notice of the agreement's termination; or

(ii) as agreed between the employee and Telstra: at any time.

Once the arrangement ends, each shift will be worked continuously and in accordance with clause 19.7.

(g) Unless otherwise agreed, each discrete period of work on a day will be at least three hours in duration, except where the employee performs work from their home, in which case the minimum period will be one hour. The total duration of periods of work on a day will be in accordance with clause 19.3.

(h) Telstra may not roster an employee to work more than three such discrete periods in a day.

(i) For each day where the employee works their ordinary hours in multiple discrete periods under an agreement made in accordance with this clause, the employee will receive a payment of 0.28% of the standard rate, with the total of such payments capped at a maximum of 1.38% of the standard rate per week.

11. By deleting clause 20.4(b) and inserting the following:

(b) for work performed outside the span of ordinary hours (or the individual employee's ordinary hours prescribed under an agreed preferred hours arrangement in accordance with clause 19.14); or

12. By inserting clause 20.6(e) as follows:

(e) Where an employee has agreed to work multiple discrete periods of work in a day, this clause will only apply where an employee works overtime after the last such period on a day.

13. By renumbering clauses 21.1 and 21.2 as clauses 21.2 and 21.3.

14. By inserting a new clause 21.1 as follows:

21.1 The duration and timing of breaks may be varied by agreement between an employee and Telstra on an ad hoc basis only, subject to Telstra considering the health and safety of the employee and an employee receiving an unpaid meal break or breaks totalling at least 30 minutes within 6.5 hours of commencing work.

15. By deleting the word “No” at the beginning of clause 21.2 and inserting “In the absence of any agreement under clause 21.1, no.”

16. By updating the cross references accordingly.

B. This determination comes into effect on 12 July 2022. In accordance with section 165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 12 July 2022.

DEPUTY PRESIDENT

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