Australian Industrial Relations Commission
Industrial Relations Act 1988 s 170MA
application for certification of agreement
Telstra Corporation Limited and the
Communication 'Workers' Union of-Australia
Agreement
1. Title
This Agreement shall be referred to as the "Telstra
Corporation Limited; Teleworking Agreement 1994" .
2. Arrangement
Clause
Access to the Employee
Arrangement
Cessation of Teleworking in Business Unit/Line of
Business or for/by Individuals
Child/Dependant Care
Conditions of Employment
Definitions
Dispute Resolution Procedure 9
Duration and Renewal
Grievance Procedure
introduction of Teleworking
Leave Reserved
Parties Bound -
Performance Assessment
Provision, Maintenance and Use of Equipment, Software
and Communications Facilities
Type of Work Appropriate/Not Appropriate for Teleworking
Scope
Security of Assets and Information
Work Environment and Occupational Health & Safety
Work Organisation
Attachment A - List of Awards
3. Parties bound
This Agreement shall be binding On:
a) The Communication Workers' Union, its officers and members and
b) The Company in respect of the employees prescribed
in clause 4 whether members of the CWU Or employees eligible to be members
of the CWU.
4. Scope
This Agreement binds Telstra and the Cwu in respect
of employees of Telstra engaged in Teleworking employed in classifications
incorporated in Awards listed in Attachment A.
5. Definitions
"Company" means Telstra Corporation Limited or its successor. "Employee" means "employee" whether full-time Or part-time, employed under or within the meaning of the Australian & Overseas Telecommunications Corporation Act 1991 except where specifically excluded from the operation of this Agreement through Clause 4.
"Home-based office" means the appropriately equipped office in an employee' s private dwelling which has been agreed by Telstra and the employee for use by the employee to perform teleworking.
"Manager eligible to approve" the introduction of teleworking arrangements will be the Group General Manager Human Resources or their delegate.
"Primary office" means the Telstra provided work space where the employee works or would work when not engaeed in teleworking from a home-base office.
"CWU" means National Office of the Communication Workers' Union. For the purposes of negotiation, consultation and the provision of infomation CWU will be taken to mean the National Secretary of the CWU or such officer as the CWU nominates.
"Teleworking" means the agreed, regular perfonnance of work related tasks for an agreed number of employment hours per week, as a substitute for commuting to the primary office, which performance utilises telecommunications technology" in a home-based office.
Trial means tests to measure the performance of the
teleworking arrangements in a business unit/line of business.
6. Duration and renewal
a) This Agreement shall operate from the date of certification of this Agreement for a period of twelve months.
b) No later than three months
prior to the expiry of the term of this Agreement the parties will jointly
review and commence negotiation for further Agreement. The joint review
will cover issues as agreed in correspondence between the parties.
7. Introducing on teleworking
a) Teleworking is not an entitlement or a right
nor an obligation and may only be entered into by agreement between, Telstra
and an employee. Teleworking at a home-based office must be by mutual agreement
between Telstra and the individual employee concerned. An employee's engagement
in teleworking is on a voluntary basis.
b) Teleworking may be introduced in a business unit/line of business where Telstra has determined that the introduction of teleworking is necessary or appropiate for the achievement of business and the introduction of teleworking arrangements in the business unit/line of business has been agreed to by the CWU.
c) It may be necessary to conduct a trial in a business unit/line of business prior to the introduction of teleworking arrangements Telstra will negotiate with the CWU the terms of the trial of teleworking arrangements in a business including items such as the scope and duration.
d) Telstra shall initiate negotiations with the CWU before approving or negotiating a home-based work arrangement where the parties consider such an arrangement would potentially have a significant impact on the work area.
e) Where a teleworking arrangement is proposed by an employee, Telstra, has the right to refuse to consent to the arrangement. similarly where a teleworking arrangement is proposed by Telstra the employee can withhold his or her agreement.
f) Prior to the introduction of teleworking arrangements the employee will be required to complete a Letter of- Agreement for implementing teleworking arrangements, which is to be contained in the Telstra Teleworking Implementation Procedure.
8. Cessation of teleworking in business unit/line
of business or for/by individuals
a) Telstra may due to operational requirements decide to cease teleworking arrangements in relation to a Business Unit/line of business, an employee or group of employees at any time.
b) Telstra will, except in those circumstances outlined in d) below provide at least 10 working days prior notice to the employee engaged in teleworking of the intention to cease the teleworking arrangement.
c) An employee engaged in teleworking may cease teleworking at any time by providing at least 10 working days prior notice to Telstra of the intention to cease teleworking.
d) In the event of an employee unreasonably withholding their consent to management access to the employee at the home-based office, or a genuine health and safety issue, or a security issue, or a serious disciplinary issue or any other circumstances as agreed between Telstra and the CWU , Telstra will be able to immediately cease the teleworking arrangements.
e) Upon cessation of the teleworking arrangements
the employee shall return to Telstra all equipment, assets, software and
communications facilities that were provided by Telstra to the employee
for use in performing teleworking at the home-based office.
9. Type of work appropriate/not appropriate for teleworking
a) Work which involves a high degree of individual autonomy and indipendence eg. project work, research, report writing. policy analysis, systems design and development is the most appropriate work to be performed by an employee engaged in telelvorking
b) Generally, work which involves a high degree of- face-to-face interaction, such as work which involves supervisory or tranning responsabilities or team based work which requires constant contact with other members of staff or customers is not appropriate to be performed by an employee enegaged in teleworking.
c) Both parties are committed to reviewing the application
of sub clauses (a) and (b) if- there is evidence that these arrangements
result in discrimination aganist any group of employees.
10. Conditions of employment
a) The same salaries, terns and conditions of employment (unless otherwise specified in this Agreement or the Telstra Teleworking Implementation Procedures) will apply to an employee engaged in teleworking as apply to other Telstra employees in equivalent classifications.
b) Normal working hours per week will be in accordance with the provisions contained in the relevant applicable award.
c) Overtime, where part of award conditions, will be approved through existing procedures for work over and above normal working hours.
d) Employees engaged in teleworking will be required to maintaining time recording methods consistent with those applicable to other Telstra employees in equivalent employment classifications.
e) Administrative mechanisms, such as leave notification and approval, for employees will be consistent with those applicable to other Telstra employees in equivalent employment classifications.
f) The parties agree that for the purposes of payment of excess travelling time, excess fares, travelling allowance and motor vehicle allowance the location where the employee engaged in teleworking spends the majority of their weekly working time will be deemed to be their base. Provided however that the payment of excess travelling time, excess fares; travelling allowance and motor vehicle allowance will not apply to travel between the primary office and the employees home-based office or for attendance at the primary office.
g) The relevant provisions of awards will continue to apply to situations including emergency duty On call and stand by and after hours duty away from normal worksite and nothing in this agreement will be used to diminish such conditions.
h) Proceadures and administrative arrangements relating
to the operation of teleworking are contained in the Telstra Teleworking
Implementation Procedures. Any variations to these Procedures will be negotiated
with the CWU so that the union' s views can be taken into account.
11. Work organisation
a) The work and hours arrangement could be performed by the employee at the home-based office and at the primary office will be as agreed between the employee and Telstra. However, no less than an average of five working days in twenty working days will be worked by the employee in the primary office to perform general activities. Where there is a special requirement which can only be satisfied by face to face discussions between the employee and their manager and/or work group, the employee will be required to attend the primary office.
b) Employees engaged in teleworking will have the same opportunities and prospects for promotion, career development/enhancement as applicable to other Telstra employees in equivalent classifications.
c) Employees will be advised/notified of vacancies.
d) Telstra will ensure that internal newsletters are distributed to employees.
e) Employees will undertake in paid work time appropriate
work related training and staff development to keep them up to date with
changes to work design and organisation or technical development in their
Field of employment. This training should not be undertaken at the employee'
s home-based office other than for specific/specialised on-the-job training.
12. Child/dependant care
The parties agree that teleworking is not a substitute
for child care Or any other form of dependant care. Telstra's policy on
child care provisions continues lo apply . Employees are responsible for
ensuring that appropriate child care or dependant care arrangements are
in place whilst engaged in teleworking.
13. Performance assessment
Perfomance assessment arrangements for employees
engaged in teleworking will be consistent which those applicable to other
Telstra employees in equivalent classifications. System based automated
work measurements will not be used as the sole means of assessing individual
work performance.
14. Work environment and occupational healt and safety
a) The work environment of a employee's home-based offlce will comply with the Commonwealth Health and Safety Act 1991; the appropriate Worksafe Codes of Practice: the relevant Australian Standards and any other relevant legislation.
b) Each employee' s home-based office will be assessed by an accredited Telstra OH&S representative to ensure that it complies with the requirements specified in (a). Details of the assessment will be provided to the employee, the CWU and placed On the employee's personal file.
c) The Employees engaged in teleworking in a home
based office in accordance with the terms of this Agreement will be entitled
to workers' compensation and other provisions specified in the Commonwealth
Employees Rehabilitation and Compensation Act 1988 and any other relevant
legislation.
16. Provision, maintenance, and use of equipment, software communications facilities
a) Telstra will provide and maintain the equipment, software and communication facilities necessary for an employee to perform teleworking in the home-based office.
b) Teleworking is to be performed by the employee using only the equipment, software and communication facilities provided by Telstra.
c) The employee is to ensure that the Telstra provided equipment, software and communications facilities are used the employee and only for the performance of teleworking for Telstra.
d) The employee is to ensure that only software provided
by Telstra is used on Telstra equipment
Security of assets and information
a) The recording of Telstra assets used by the employee engaged in teleworking in the home-based office CWU be in accordance with the current arrangements in Telstra. In addition. the employee will be provided with an assets sheet detailing the assets provided by Telstra for the performance of teleworking in the home-based off-tce.
b) The employee will ensure the security (including protecting confidentiality, availability and integrity) of Telstra's business information and systems in accordance with Telstra' s policies. This includes maintaining security and safe custody of information, systems, data (both in hard copy and electronic form) and so forth in accordance with Telstra's policies.
c) The employee will ensure copyright provisions
are observed in accordance with Telsra's policies.
17. Access to the employee
a) The parties agree that management has a right of access to an employee to discuss work related issues with the employee. It is a pre-condition of moving to teleworking arrangements that the employee agrees to management having right of access to the employee at the home-based office.
b) Management discussions with the employee should preferably take place during normal work hours at the primary office. However, if needed, the discussion will take place at the employee's' s home-based office. Except in exceptional circumstances management will provide an employee with at least one working day's prior notification of the intended visit to the home-based office. Exceptional circumstances would include maintenance of faulty equipment, occupational health and safety purposes, urgent security and audit purposes and any other circumstances agreed between Telstra and CWU.
c) The employee has the right to have a third person present during any discussions with management at the home-based office.
d) The parties recognise the CWU' s right of access during normal work hours at the primary office to union members or potential members for the purpose of carrying out union business. In relation to accessing a member or potential member at the home-based office, the CWU will have to provide at least one working day' s prior notification of the intended visit and obtain from the individual their agreement to the visit.
e) The employee has the right to have a third person
present during any visit by the CWU at the home-based office.
18. Grievance procedure
In the event that a grievance arises between an individual employee engaged in teleworking and Telstra, the following procedure will apply:
a) In the first instance the grievance shall be discussed between the individual and the relevant local manager.
b) If unresolved, the grievance shall then be discussed between the individual, a representative from Human Resources and higher level of management.
c) If unresolved, the grievance shall then be discussed between the CWU and national representatives of the business unit/line of business.
d) If unresolved- either the CWU or Telstra may seek the assistance of the Australian Industrial Relations Commission.
e) At all stages of the procedure the aggrieved staff member may, on request, be accompanied by a representive of the CWU or a work colleague.
f) Where established agreed procedures, not inconsistent with the above, are in use within a business, then such procedure shall continue to be observed for the resolution of grievances.
g) Telstra acknowledges the right of its employees
to seek union representation at any stage of this process.
19. Dispute resolution procedure
In the event that a dispute arises it shall be dealt with in the following manner:
a) In the first instance discussion shall occur between the relevant CWU workplace delegate and the local management.
b) If unresolved the dispute shall then be discussed between the CWU, a representative from Human Resources and a higher level of management.
c) If unresolved either the CWU or Telstra may seek the assistance of the Australian Industrial Relations Commission.
d) In order to allow for the peaceful resolution
of the disputes the parties shall use their best endeavours to ensure that
pre-existing circumstances immediately prior to the dispute will be maintained.
The parties shall be committed to avoid stoppages of work, lockouts or
other bans or limitations while the procedures of negotiation and conciliation
are being followed. This commitment shall not prejudice the position of
either party in a genuine health and safety situation.
20. Leave reserved
.
Leave is reserved to the CWU to raise during the
currency of this Agreement:
(a) any need for reimbursement of additional costs that may be incurred by an employee whilst engaged in teleworking in the home-based office; and
(b) any need to extend the Agreement to cover differing
teleworking arrangements that may arise.
Signed on behalf of Telstra Signed on behalf of CWU