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Optus Award 2015
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777369 and PR778117).
Clause(s) affected by the most recent variation(s):
3—Definitions and interpretation
8—Types of employment
12A—Employee right to disconnect
Table of Contents
[Varied by PR774862, PR778117]
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
12. Ordinary hours of work and rostering
12A. Employee right to disconnect
15. Overtime and penalty rates
16. Unscheduled customer servicing
24. Personal/carer’s leave and compassionate leave
30A. Workplace delegates’ rights
This award is the Optus Award 2015.
2. Commencement and transitional
2.1 This award commences on 17 July 2015.
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires Optus to maintain or increase any overaward payment.
3. Definitions and interpretation
[Varied by PR733963, PR774862, PR777369]
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
[Definition of casual employee inserted by PR733963 from 27Sep21; varied by PR777369 from 27Aug24]
casual employee has the meaning given by section 15A of the Act
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
employee means an employee in the classifications listed in Schedule C—Classifications
[Definition of employee organisation inserted by PR774862 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
[Definition of enterprise inserted by PR774862 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
Optus means Optus Administration Pty Limited
[Definition of small business employer inserted by PR774862 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
[Definition of workplace delegate inserted by PR774862 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This enterprise award covers:
(a) Optus; and
(b) Optus employees engaged in connection with the telecommunications industry in the classifications listed in Schedule C—Classifications to the exclusion of any other modern award. The award does not cover an employee excluded from award coverage by the Act.
5. Access to the award and the National Employment Standards
Optus must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees covered by this award.
The award flexibility provision is in Schedule A.
[Varied by PR733963, PR777369]
8.1 An employee may be engaged on a full-time, part-time, casual, fixed term or project basis.
8.2 Employees may be directed to, and shall carry out, such duties as are within the limits of the employee’s skill, competence and training.
8.3 Full-time employment
(a) Full-time employees will be engaged on a monthly basis.
(b) It is a condition of this award that no full-time employee shall be transferred to less than full-time employment without his/her written consent.
8.4 Part-time employment
(a) Persons employed on a regular basis, less than 38 hours per week, may be engaged as part-time employees. The number of hours worked by such employees may vary from week to week but only by mutual agreement between the employee and Optus.
(b) Part-time employees will be entitled to a base hourly rate equivalent to 1/38th of the weekly remuneration and will be entitled to pro rata conditions provided in this award based on the comparable full-time position. Any period of accrued leave or payment in lieu where applicable shall be paid on a pro rata basis.
8.5 Casual employment
[8.5(a) deleted by PR733963 from 27Sep21]
[8.5(b) renumbered as 8.5 by PR733963 from 27Sep21]
A casual employee shall be entitled to a base hourly rate during core hours of 1/38th of the comparable full-time weekly remuneration plus a loading of 25% of the applicable award rate in lieu of leave provisions available to other categories of employees.
8.6 Fixed term or project employment
Persons may be employed by Optus for a mutually agreed fixed term or project. Such employees (as distinct from casual employees) will be entitled to at least minimum pro rata remuneration and conditions as provided in this award based on the equivalent full-time position and set out in an individual contract of employment. At the conclusion of this period or project the employee will be paid any outstanding entitlements but will not be entitled to any redundancy payment.
8.7 Changes to casual employment status
[8.7 inserted by PR733963 ppc 27Sep21; renamed and substituted by PR777369 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause Schedule B—Dispute resolution.
(a) Full-time and part-time employees may be initially engaged on a probationary basis for a maximum of three months for the purpose of determining the employee’s suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation.
(b) A probationary employee is for all purposes of this award a full-time or part-time employee and probationary employment forms part of an employee’s period of continuous service for all purposes of this award.
(a) In the case of full-time and part-time employees one month’s notice (or payment in lieu of notice) of termination of employment shall be given by the employee or Optus. If an employee fails to give the required notice Optus may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
(b) When a full-time or part-time employee is over 45 years of age and has two years’ service, 5 weeks’ notice (or payment in lieu of notice) of termination of employment shall be given by Optus.
(c) In the case of a casual employee one hour’s notice of termination of employment shall be given by the employee or Optus.
(d) If during an employee’s probationary period either party decides not to continue the employment contract during or at the conclusion of this period, the notice of termination period will be one week or payment in lieu of notice. This reduced notice of termination period can only be exercised by either party during the probationary period or at the conclusion of this period.
(e) The employment of fixed term or project employees may be terminated by Optus or the employee giving one week’s notice or payment in lieu of notice.
(f) The periods of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal including neglect of duty or misconduct.
Any employee whose employment position has become redundant shall receive severance payment of two weeks’ remuneration per completed year of service or the scale set out in the NES, whichever is the greater. This payment shall not exceed 40 weeks to any such employee. In addition such employees will be entitled to the full payment of any accrued leave entitlements.
12. Ordinary hours of work and rostering
12.1 Core and non core hours
All hours of the week will be divided between core hours and non core hours. Core hours will be between 7.00 am and 7.00 pm. All other times shall be non core hours. Any variation to these start and finish times of the core hours on a workplace by workplace basis shall only be by agreement of relevant employees and management but in any case core hours will not be varied from a 12 hour span.
12.2 Ordinary hours of work
(a) Ordinary hours of work of full-time employees, other than those working roster shifts will be 38 hours per week or 76 hours per fortnight as determined by Optus and will be worked Monday to Friday or as provided for in clause 12.2(b).
(b) Retail employees, however shall work their ordinary hours between Monday and Saturday.
(c) The ordinary hours of work for shift work shall average 152 hours per 4 weeks over the shift cycle nominated for each operational group or workplace.
(d) Except as provided for in Schedule A, clause 12.3 and clause 15.7(a) (12 hour shifts), an employee will not be required to work more than 10 ordinary hours in a day.
(a) Start and finish arrangements for each employee’s ordinary hours will be initially determined by management to reflect the differing operational requirements within each workplace; these arrangements can be varied by agreement between management and the relevant employee(s) at each worksite.
(b) In determining variations in start and finishing times Optus shall have regard to the impact such changes may have on employees with family responsibilities.
12.4 Changes to regular rosters or ordinary hours of work
(a) Optus will consult with employees about a change to their regular roster or ordinary hours of work.
(b) For the purposes of this clause 12.4 Optus will;
(i) provide information to affected employees about the change; and
(ii) invite affected employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities) and consider any views that are given by the employees.
(c) Employees may be represented for the purposes of consultation under this clause 12.4.
12A. Employee right to disconnect
[12A inserted by PR778117 from 26Aug24]
12A.1 Clause 12A 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 3–1 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.
12A.2 Clause 12A 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.
12A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
12A.4 Clause 12A.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 to be available under clause 16.1; 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 availability duty.
12A.5 Clause 12A.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 an emergency roster change under clause 14.1(b).
13.1 Based on a clearly identified position within the classification structure and on the utilisation of nominated skills, the minimum remuneration, inclusive of an amount in lieu of annual leave loading, for each classification grading will be in accordance with Schedule D.
13.2 A full-time adult employee must be paid a minimum annual salary for their classification as set out in Schedule D.
13.3 Youth rates
|
Age |
% of relevant adult salary |
|
17 or under |
60 |
|
18 |
70 |
|
19 |
80 |
|
20 |
90 |
14.1 Rosters
(a) A shift roster shall be prepared by management at each worksite after consultation with employees giving employees a minimum 7 days’ prior notice of the roster.
(c) Employees may, within criteria set up by workplace management, exchange shifts with fellow employees subject always to local operational requirements. In such circumstances, only the employee actually doing the work is entitled to any applicable rate. No additional costs shall be paid by Optus for such arrangements.
(d) Employees may be required, on a rostered basis, to work at least one additional shift each roster period at the applicable overtime rate.
(e) In determining variations to start and finishing times, Optus shall have regard to the impact such changes may have on employees with family responsibilities.
14.2 Overtime
Overtime worked in conjunction with rostered shift work shall attract either the non core rate or overtime rate whichever is the larger but not both.
14.3 Public holidays
Employees whose scheduled day off falls on a public holiday shall be entitled to an additional day’s leave.
15. Overtime and penalty rates
15.1 There shall be three rates of pay:
(a) a core rate shall apply for all ordinary hours worked within core hours;
(b) a non core rate shall be paid for all rostered ordinary hours of work any part of which starts or finishes or starts and finishes either side of the core hours. (Such work shall be known as shift work); and
(c) an overtime rate shall apply for all hours worked in excess of 38 hours per week or 76 hours per fortnight according to the ordinary hours arrangements the employee is working.
15.2 Core rate
(a) The core rate shall be the employee’s rate of remuneration as set out in clause 19—Classifications, clause 13—Minimum wages and Schedule D.
(a) Afternoon shift means any shift of ordinary hours finishing after 7.00 pm and at or before midnight.
(b) Night shift means any shift of ordinary hours finishing after midnight and at or before 7.00 am
(c) Morning shift means any shift of ordinary hours starting after midnight and finishing after 7.00 am
15.4 Monday to Friday loadings
(a) Employees rostered to work afternoon shift shall be entitled to a loading of 15% of the core rate for each such shift worked.
(b) Except as provided for in clause 15.4(d), employees rostered to work night shift shall be entitled to a loading of 20% of the core rate for each such shift worked.
(c) Employees rostered to work morning shift shall be entitled to a loading of 10% of the core rate for each such shift worked.
15.5 Saturday, Sunday and public holidays loadings
(a) All rostered shift work, the major part of which is performed between 11.00 pm Friday and midnight Saturday, shall be entitled to a loading of 50% of the core rate for each such shift worked.
(b) All rostered shift work, the major part of which is performed between 11.00 pm Saturday or on the night preceding a public holiday and midnight on the Sunday or public holiday, shall be entitled to a loading of 100% of the core rate for each such shift worked.
15.6 Non core overtime
(a) All time worked by a rostered shiftworker outside or in excess of his/her normal hours; or on a non rostered shift shall be entitled to be paid:
(i) at the rate of double time on continuous shifts; or
(ii) at the rate of time and a half for the first 3 hours and double time thereafter on a non rostered shift; or
(iii) at the rate of double time for all the time worked where that work occurs on a Sunday; or
(iv) at the rate of double time and a half for all the time worked where that work occurs on a public holiday.
(b) A minimum payment of 4 hours at overtime rates is payable for work performed on a Saturday, Sunday or public holiday except where such work continues on from the employee’s ordinary hours without a break.
15.7 Exemptions
(a) 12 hour shifts may be introduced by agreement between Optus and its employees provided that:
(i) proper workplace health and safety monitoring procedures are introduced;
(ii) suitable rostering arrangements are made;
(iii) proper supervision is provided;
(iv) adequate breaks are provided; and
(v) a review procedure is available.
(b) Shift loadings are not payable in respect of overtime, long service leave, personal leave, sick leave, compassionate bereavement leave, community service leave, jury service, special leave, study leave or while on call.
15.8 Overtime—non shiftworkers
(a) Employees shall be required to work overtime as reasonably required by Optus and shall only be entitled to overtime where such overtime has been directed to be undertaken. Such employee(s) should lodge an application for payment of overtime within 14 days of overtime being worked to ensure the timely payment of overtime.
(b) Overtime at the rate of time and a half for the first 3 hours and double time thereafter shall be paid for all time directed to be worked in excess of weekly or fortnightly hours according to the ordinary hours arrangement the employee is working.
(c) For such work done on Saturday the overtime rate is time and one half for the first 3 hours and double time thereafter. For such work done on a Sunday the overtime rate is double time for all time worked. For such work done on a public holiday the overtime rate is two and a half times for all time worked. A minimum payment of 4 hours at overtime rates is payable for work performed on a Saturday, Sunday or public holiday except where such work continues on from the employee’s ordinary hours without a break.
(d) Time off in lieu of overtime may be available to Optus employees at the request of the employee and with the agreement of the designated workplace manager.
(e) The time off in lieu shall in all instances equal the period of overtime actually worked and shall be taken within one month of entitlement having regard to the operational requirements of the employee’s workplace.
16. Unscheduled customer servicing
16.2 Employees rostered to be available for such duty will be entitled to a payment of 20% of the hourly rate pursuant to clause 19—Classifications and Schedule D.
16.3 Any rostered employee required to report to the worksite, customer’s premises or to access home based work equipment, shall be entitled to be paid the appropriate overtime rate. A minimum period of 3 hours at the applicable overtime rate shall be paid for any unscheduled call out.
17.1 All employees will be entitled to a minimum of one half hour meal break and other reasonable breaks. The timing and duration of such breaks will be structured by management to meet the operational and occupational health and safety requirements within and between individual worksites.
17.2 Such breaks will not be extended to provide for split shifts.
17.3 No employee will be required to work for more than 5 hours without a meal break. The scheduling of meal breaks for part-time employees, where applicable, shall have regard to their scheduled start and finish times.
17.4 Employees required to work overtime or attend to an unscheduled customer service shall receive at least 10 hours, inclusive of travel, minimum break before resuming normal work. This period shall be reduced if the overtime worked is as a consequence of voluntarily exchanged shifts.
17.5 In times of identified emergency situations, provisions relating to scheduled breaks shall be relaxed until the emergency has been brought into a controlled situation.
The award provisions relating to ordinary hours of work, start and finish times, overtime and unscheduled customer servicing shall not apply to employees in specified classifications as set out in Schedule C and Schedule D.
19.1 Optus employees will be engaged at an appropriate grade level within the classification groups of:
(a) Engineering and Technical Services;
(b) Customer Service and General Support; and
(c) Commission Based Sales.
19.2 Employees will be further classified within each grade according to:
(a) specific accountabilities of the position;
(b) the basis of fully utilised core and supplementary skills; and
(c) performance and opportunity as assessed by management.
19.3 New employees will be engaged at an appropriate level within the structure depending on management’s assessment of their skills and expertise.
Salaries will be paid by Optus fortnightly (except by agreement with the employee) into a bank account nominated by the employee. Employees engaged in a partially exempt classification in accordance with clause 18—Partial exemptions shall be paid monthly.
21.1 Travelling expenses
An employee will be reimbursed reasonable expenses (including accommodation, meals and out-of-pocket expenses directly related to their employment) incurred while travelling on Optus business.
21.2 Work, Health and Safety Training
Where an employee is directed by Optus to attend Work, Health and Safety training (including recertification) Optus will fund the cost of that training with an approved training provider.
21.3 Relocation expenses
An employee will be reimbursed reasonable expenses (directly related to their employment) incurred where they are directed by Optus to relocate to another State or Territory.
21.4 Higher duties
An employee, when directed to perform duties in a grade higher than their usual grade for more than two consecutive months, must be paid at least the minimum annual salary of the higher grade set out in Schedule D which would be applicable if such duties were performed on a permanent basis, for the entire period during which the higher duties are performed. This includes circumstances where the initial period of higher duties is less than two consecutive months but is then extended beyond the initial period of higher duties for more than two consecutive months.
[Varied by PR771409]
22.1 Superannuation legislation
[22.1 substituted by PR771409 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 22 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
Optus must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid Optus being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
22.3 Voluntary employee contributions
(c) Optus must pay the amount authorised under clauses 22.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 22.3(a) or (b) was made.
22.4 Superannuation fund
[22.4 substituted by PR771409 ppc 09Apr24]
Unless, to comply with superannuation legislation, Optus is required to make the superannuation contributions provided for in clause 22.2 to another superannuation fund that is chosen by the employee, Optus must make the superannuation contributions provided for in clause 22.2 and pay the amount authorised under clauses 22.3(a) or (b) to the Optus Group Superannuation Fund or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries.
23.1 Entitlement
(a) Annual leave is provided for in the NES.
(b) Part-time and fixed term employees will be entitled to pro rata leave; the pro rata entitlement for part-time employees shall be determined by reference to hours ordinarily worked.
23.2 Seven day shiftworkers
Employees who have completed one year’s employment of continuous seven day shift work will be entitled to an additional five working days’ leave. Employees who have completed less than one year’s such work shall be entitled to a pro rata entitlement to such leave.
23.3 Payment for annual leave
Shift employees while on annual leave shall receive a loading equal to the average shift loading incurred for that year or a pro rata loading for any employees who have completed less than one year’s such work.
24. Personal/carer’s leave and compassionate leave
Personal leave and compassionate leave are provided for in the NES.
24.1 Personal/carer’s leave
(a) Block time and part-time employees will have an entitlement to pro rata paid Personal/carer’s leave.
(b) As far as is practical, an employee will notify Optus of his/her inability to attend work because of illness or injury at least one hour before the commencement of his/her next scheduled starting time.
(c) This notice must include the estimated duration of absence.
(d) If it is not practicable for the employee to give prior notice of absence, the employee must notify Optus by telephone at the first opportunity.
(e) For payment of sick leave to be authorised the employee must provide evidence that would satisfy a reasonable person that the leave is taken because the employee is not fit for work because of a personal illness, or personal injury affecting the employee where the sick leave extends beyond three consecutive days, or after the third day of sick leave in any year.
24.2 Carer’s leave
(a) Block time and part-time employees will have an entitlement to pro rata carer’s leave on the same basis.
(b) As far as is practical, an employee will notify Optus of his/her inability to attend work because of a requirement to provide care to an immediate family member or member of the employee’s household at least one hour before the commencement of his/her next scheduled starting time.
(c) This notice must include the name of the person requiring care and their relationship to the employee, nature of the illness, injury or unexpected emergency (if known) and the estimated duration of absence.
(d) If it is not practicable for the employee to give prior notice of absence, the employee must notify Optus by telephone at the first opportunity.
(e) For payment of carer’s leave to be authorised, the employee must, where required by Optus, provide evidence that the leave taken is to provide care or support to a member and the employee’s immediate family or a member of the employee’s household who requires cover or support because of:
(i) a personal illness, or personal injury affecting the member; or
(ii) an unexpected emergency affecting the member.
(f) For the purposes of this clause immediate family shall include:
(i) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite, or same sex, who lives with the employee as husband, wife or same sex partner, on a bona fide domestic basis although not legally married to the employee; and
(ii) a child, adult child (including an adopted child, a stepchild or an ex- nuptial child), parent, parent-in-law, grandparent, grandchild, sibling of the employee or of the spouse of the employee.
(g) An employee may take unpaid carer’s leave in accordance with the NES or by agreement with Optus.
Parental leave is provided for in the NES.
Community service leave is provided for in the NES, provided that employees summoned to attend jury service will continue to receive their salary for the duration of the attendance.
Optus will consider applications for paid and unpaid leave for other purposes. Such applications will be considered on their merit and within the context of Optus’ operational requirements.
Optus will reasonably consider any application for paid and unpaid family leave to enable employees to provide short term assistance to ill members of their immediate family.
Employees’ eligibility will be determined according to the relevant legislation of their State of residence.
Public holidays are provided for in the NES.
30A. Workplace delegates’ rights
[30A inserted by PR774862 from 01Jul24]
30A.1 Clause 30A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 30A.
30A.2 In clause 30A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
30A.3 Before exercising entitlements under clause 30A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
30A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
30A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
30A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 30A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
30A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 30A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
30A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
30A.9 Exercise of entitlements under clause 30A
(a) A workplace delegate’s entitlements under clause 30A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 30A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 30A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 30A.
The dispute resolution provision is in Schedule B.
32.1 Any Optus employee who as a result of any injury suffered in the course of his or her employment with Optus receives payments under workers’ compensation legislation, shall be paid by Optus the difference between the payments received under the workers’ compensation legislation and the rate of pay provided for the employee by Optus pursuant to clauses 19—Classifications, 13—Minimum wages and Schedule D.
32.2 Subject to the employee’s adherence to approved return to work plans and/or rehabilitation programmes, such make up pay will be payable for up to 26 weeks in respect of a particular injury.
Optus’ preference is to utilise collective rather than individual flexibility arrangements with employees to establish terms and conditions of employment.
A.1 Optus and an employee may agree to make an individual flexibility arrangement to vary the effect of the following terms of this award (Arrangement), provided the Arrangement meets the genuine needs of Optus and the employee and is genuinely agreed to:
(a) arrangements about when work is performed;
(b) overtime rates;
(c) penalty rates; and
(d) allowances.
A.2 Optus must ensure that the terms of the Arrangement:
(a) are about permitted matters under section 172 of the Act;
(b) are not unlawful terms under section 194 of the Act; and
(c) result in the employee being better off overall than the employee would be if no Arrangement was made.
A.3 Optus must ensure that the Arrangement:
(a) is in writing;
(b) includes the name of the employer and Optus;
(c) is signed by Optus and the employee and, if the employee is under 18 years of age, signed by a parent or guardian of the employee;
(d) include details of:
(i) the terms of the award that will be varied by the Arrangement; and
(ii) how the Arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the Arrangement; and
(e) state the day on which the Arrangement commences.
A.4 Optus must give the employee a copy of the Arrangement within 14 days after it is agreed to.
A.5 The Arrangement may be terminated by Optus or the employee:
(a) by giving no more than 28 days written notice to the other party to the Arrangement; or
(b) if Optus and the employee agree in writing, at any time.
B.1 An employee who anticipates or is experiencing a job related problem (including a matter arising under this award, or a dispute in relation to the NES) should in the first instance discuss it with his or her immediate supervisor or manager.
(a) Managers are required to set aside the time necessary for a fair and frank discussion. Under no circumstances shall a manager react in any way negatively against an employee who has raised a complaint.
(b) When appropriate, manager should investigate the facts, consider any policies and practices that may be applicable and consult with their Human Resources representative as required. The manager should give the employee a specific response within a reasonable period of time.
B.2 If the problem is not resolved at this level, or if there is some reason why the problem cannot be discussed with the immediate supervisor, the employee may take it to the next level manager or their Human Resources representative.
B.3 Should the above steps fail to resolve the issue Optus acknowledges the employee’s right to raise issues with their union representatives who will then in the first instance seek redress through direct consultation with Optus Human Resource Management.
B.4 If these discussions are unsuccessful the matter can be referred to the Fair Work Commission.
B.5 Optus acknowledges the right of its employees to seek union representation at any stage of this process.
C.1 Engineering and Technical Services
|
Optus Range Ref |
Job Groupings |
|
14 |
Group Leader (Network Management, Service Delivery, Field Operations, Engineering) Technical Specialist Other equivalent positions |
|
13 |
Senior Project Engineer Other equivalent positions |
|
12 |
Group Leader (ICM, Power) Senior Engineer (Network Management, Service Delivery, Field Operations, Engineering) Team Leader (Network Management, Service Delivery, Field Operations, Engineering) Service Manager Other equivalent positions |
|
11 |
Team Leader (ICM, Power) Team Leader (Fibre Engineering) Engineer (Network Management, Service Delivery, Field Operations, Engineering) Project Engineer Senior Engineer (Fibre) Other equivalent positions |
|
10 |
Team Leader (Wiring/Cabling/Splicing) Associate Engineer (Network Management, Service Delivery, Field Operations, Engineering) Engineer (ICM, Power) Engineer (Fibre) Other equivalent positions |
|
9 |
Senior Technician (Wiring/Cabling/Splicing) Other equivalent positions |
|
8 |
Graduate (Trainee) Engineer Technician (Wiring/Cabling/Splicing) Cellular Installer Service Technician Other equivalent position |
|
7 |
Reserved |
|
6 |
Cadet Trainee Other equivalent positions |
C.2 Customer Service and General Support
|
Optus Range Ref |
Job Groupings |
|
13 |
Marketing Executive II Administration Manager Systems Support Specialist Other equivalent positions |
|
12 |
Facilities Co-ordinator Systems Administrator Systems Analyst Financial Analyst II Other equivalent positions |
|
11 |
Marketing Executive I Team Leader Telemarketing Team Leader (Customer Service) Other equivalent positions |
|
10 |
Team Leader (OCS) Sales Co-ordinator Executive Assistant Team Leader (Switchboard) Enquiry Centre Supervisor Financial Analyst I Team Leader and Billing Production Systems Co-ordinator Offices Services Co-ordinator Other equivalent positions |
|
9 |
Marketing Assistant Customer Service Specialist Telemarketing Specialist Sales Support Executive Other equivalent positions |
|
8 |
Telemarketing Representative Customer Service Representative Operator Specialist (OCS) Retail Sales Associate Enquiry Centre Officer Accounts Clerk Billing Control Clerk Graduate Trainee Team Assistant Other equivalent position |
|
7 |
Operator (OCS) Typist Word Processing Operator Mail Clerk Receptionist Administrative Assistant Data Entry Operator Other equivalent positions |
|
6 |
Clerical Assistant Cadet Trainee Catering Assistant Other equivalent positions |
C.3 Commission Based Sales
|
Optus Range Ref |
Job Groupings |
|
13 |
Reserved Sales Executive |
|
12 |
Other equivalent positions Retail Store Manager |
|
11 |
Other equivalent positions |
|
10 |
Reserved |
|
9 |
Reserved |
|
8 |
Reserved |
|
7 |
Reserved |
|
6 |
Reserved |
[Varied by PR579954, PR592236, PR606459, PR707573, PR718951, PR729398, PR740822, PR762242, PR774024]
D.1 A full-time adult employee must be paid a minimum annual salary for their classification as set out in the table below:
D.1.1 Engineering and Technical Services stream
[D.1.1 varied by PR579954, PR592236, PR606459, PR707573, PR718951, PR729398, PR740822, PR762242, PR774024 ppc 01Jul24]
|
Optus Range Ref |
Minimum Remuneration $ per annum |
|
14 |
89,649 |
|
Subject to partial exemption |
|
|
13 |
84,030 |
|
Subject to partial exemption |
|
|
12 |
76,936 |
|
11 |
67,993 |
|
10 |
60,849 |
|
9 |
57,151 |
|
8 |
53,680 |
|
7 |
49,223 |
|
6 |
46,512 |
D.1.2 Customer Service and General Support
[D.1.2 varied by PR579954, PR592236, PR606459, PR707573, PR718951, PR729398, PR740822, PR762242, PR774024 ppc 01Jul24]
|
Optus Range Ref |
Minimum Remuneration $ per annum |
|
13 |
84,030 |
|
Subject to partial exemption |
|
|
12 |
75,567 |
|
Subject to partial exemption |
|
|
11 |
64,696 |
|
Subject to partial exemption |
|
|
10 |
60,849 |
|
9 |
57,151 |
|
8 |
53,680 |
|
7 |
49,223 |
|
6 |
46,512 |
D.1.3 Commissions Based Sales
[D.1.3 varied by PR579954, PR592236, PR606459, PR707573, PR718951, PR729398, PR740822, PR762242, PR774024 ppc 01Jul24]
|
Optus Range Ref |
Minimum Remuneration $ per annum |
|
13 |
84,030 |
|
Subject to partial exemption |
|
|
12 |
75,567 |
|
Subject to partial exemption |
|
|
11 |
64,696 |
|
Subject to partial exemption |
|
|
10 |
60,849 |
|
9 |
57,151 |
|
8 |
Reserved |
|
7 |
Reserved |
|
6 |
Reserved |
D.1.4 The minimum rates prescribed for Commission Based Sales roles relate specifically to On Target Earnings (OTE) which includes Target Achievement Incentives. For the purpose of compliance with this award, the minimum remuneration as determined from the annual Optus Sales Plan shall not be less than 50% of the On Target Earnings rate specified above.
Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.
Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
The Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters, skies and communities. We pay our respects to them, their Cultures, and Elders past and present.