Proposed CBA Enterprise Agreement 2013 - Finance Sector Union
Proposed CBA Enterprise Agreement 2013 - Finance Sector Union
PROPOSED 1 Commonwealth Bank Enterprise Agreement 2013 1 Title This agreement is called the Commonwealth Bank Enterprise Agreement 2013. 2 Arrangement This Agreement is arranged as follows: 1. Title 2. Arrangement 3. Definitions 4. Operation 5. Fair Work Act 6. Anti- Discrimination 7. Basis of engagement 8. Job Classifications 9. Salaries 10. Superannuation 11. Travel 12. Hours 13. Shift work 14. Annual Leave 15. Personal Leave 16. Parental Leave 17. Long Service Leave 18. Public Holidays 19. Military Leave 20. Community Service Leave 21. Termination of Employment 22. Redundancy 23. Allowances 24.
Preserved Conditions 25. Consultation regarding major workplace change 26. Dispute Settlement Procedure 27. Union Relationship 28. Transition to Retirement Schedule A - Classifications Schedule B - Salaries Schedule C - Preserved Conditions Schedule D - Allowances
2 3 Definitions Act means the Fair Work Act 2009 and any statute amending or replacing it. Award means the Commonwealth Bank of Australia Employees Award 1999. Base Rate of Pay means the rate of pay payable to an employee for his or her ordinary hours of work, not including any bonuses, loadings, monetary allowances, overtime or penalty rates and any other separately identifiable amounts. The Base Rates of Pay are the salary bands detailed in Schedule B. CBA means Commonwealth Bank of Australia Limited ACN 123 123 124. CBA Group Company means a related body corporate (as defined by section 50 of the Corporations Act 2001) of CBA.
Continuous Service means service under an unbroken contract of employment with CBA and includes paid leave of absence under clause 16 of this Agreement. Absences on leave without pay authorised by CBA including unpaid parental leave and career breaks do not break service but do not count as service. Employee means an employee to whom this Agreement applies by virtue of clause 4.1. FSU means the Finance Sector Union. FWC means the Fair Work Commission. Immediate Family means a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee or a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.
National Employment Standards means the National Employment Standards provided for by the Act. Old EBA means the: (i) Commonwealth Bank of Australia Retail Banking Services Enterprise Bargaining Agreement 2002; or (ii) Commonwealth Bank of Australia Technology, Operations & Procurement Enterprise Bargaining Agreement 2002; or (iii) Commonwealth Bank of Australia Direct Banking Enterprise Bargaining Agreement 2002; or (iv) Commonwealth Bank of Australia (Core) Enterprise Bargaining Agreement 2002. Ordinary time and ordinary rates have the same meaning - it is the Base Rate of Pay plus any skill utilisation loading or any higher duty allowance applicable.
Relevant Period is a period of up to 4 weeks over which the hours worked by an employee may be averaged.
Salary has the same meaning as Base Rate of Pay.
3 4 Operation 4.1 This Agreement is binding upon: (a) CBA; (b) employees of CBA employed in Australia in the classifications set out in this Agreement, other than employees who are engaged: (i) under an AWA unless that AWA has passed its nominal expiry date and such employee has given lawful notice of termination of the AWA. In such cases, this Agreement shall apply to such employees from the day on which the notice of termination of the AWA expires; or (ii) under an ITEA unless that ITEA has passed its nominal expiry date and such employee has given lawful notice of termination of the ITEA.
In such cases, this Agreement shall apply to such employees from the day on which the notice of termination of the ITEA expires; and (c) the FSU, its officers and members.
4.2 For the avoidance of doubt, this Agreement does not apply to employees that CBA has classified above the MC classification. 4.3 From the date of its commencement, this Agreement prevails over and entirely excludes the operation of any other State or Commonwealth collective workplace agreement or award which binds CBA including, without limitation, the: (a) Commonwealth Bank Enterprise Agreement 2011; (b) Commonwealth Bank of Australia Employees Award 1999.. 4.4 This Agreement will start seven days after it is approved by FWC and its nominal expiry date is 30 June 2014.
5 Fair Work Act 5.1 Nothing in this Agreement is intended to provide an employee with a lesser entitlement than the minimum legal entitlements allowed by the National Employment Standards.
Where this Agreement does provide an employee with a lesser entitlement than allowed by the National Employment Standards, the employee shall be paid or provided with the higher entitlement in the National Employment Standards. 5.2 Clauses that supplement the National Employment Standards (a) The following clauses of this Agreement provide for entitlements which supplement and are ancillary and/or incidental to the National Employment Standards: (i) annual leave (clause 14); (ii) personal & carer’s leave and compassionate leave (clause 15); (iii) parental leave and related entitlements (clause 16); (iv) community service leave (clause 20); (v) long service leave (clause 17); (vi) public holidays (clause 18); and (vii) notice of termination and redundancy pay (clauses 21 & 22).
4 (b) The following clauses of this Agreement provide for entitlements which have the same (or substantially the same) effect as provisions of the National Employment Standards (i) maximum weekly hours (clause 12.1); and (ii) requests for flexible working arrangements (clause 12.8). 6 Anti-discrimination 6.1 Prevention of discrimination It is the intention of the parties to this Agreement to respect and value the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
6.2 Exemptions Nothing in this clause is to be taken to affect: (a) Any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; (b) Junior rates of pay; (c) An employee, CBA or other person on behalf of the employee pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Australian Human Rights Commission; or (d) Any exemptions under the Act. 6.3 Trade union membership In accordance with section 336 of the Act all parties recognise the right of CBA employees to choose to belong or to not belong to a trade union.
7 Basis of engagement 7.1 Type of employment CBA may employ employees under this Agreement on a permanent full time, permanent part time, temporary (including on a fixed term or maximum term) or casual basis. (a) Full time employee means an employee working standard hours under clause 12 of this Agreement.
(b) Part time employee means an employee who is engaged to work less than the standard hours under clause 12 and in accordance with clause 12.1(g). Unless otherwise provided in this Agreement, pro rata full time salary and conditions of service apply to part time employees. (c) Casual employee means an employee other than a full time or part time employee who is employed on a casual basis and is engaged as such. (d) Temporary employee means an employee engaged on the basis that their employment will end after a specified period of time or on completion of a specified task or project.
5 7.2 Individual arrangement (a) If an employee requests, including after discussions initiated by CBA, they may enter into an individual arrangement.
(b) There will be no requirement that CBA offer an individual arrangement to an employee and an employee cannot be required to enter into such an arrangement as a condition of their employment or as a condition of being offered a promotional position. (c) Employees must be better off overall under an individual arrangement than they would have been under this Agreement. In making such determination, regard shall be had to any bonuses paid, or other incentive arrangements afforded, to the employee under the individual arrangement.
(d) Under an individual arrangement, CBA and the employee may agree to vary the effect of any or all of the following provisions of this Agreement as they apply to the employee: (i) clause 7.5 Mobile Bankers (ii) clause 9 Salaries (but not clause 9.7) (iii) clause 11 Travel on CBA Business (iv) clause 12 Hours (v) clause 13 Shift work (vi) clause 14 Annual Leave, but only clause 14.1(b) and clause 14.5 (vii) clause 15 Personal Leave, but only clause 15.2 (viii) clause 18 Public Holidays (ix) clause 23 Allowances (x) clause 24 Preserved Conditions, other than item 1, Staff Housing Loans.
(e) However, the employee cannot be provided with lesser benefits than those set out in the National Employment Standards.
(f) The individual arrangement must: (i) be about permitted matters under section 172 of the Act; and (ii) not include unlawful terms under section 194 of the Act; and (iii) include the name of CBA and the employee; and (iv) be in writing and signed by CBA and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (v) include details of: the terms of this Agreement whose effect will be varied by the individual arrangement; and how the individual arrangement will vary the effect of the terms; and
6 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 individual arrangement; and (vi) state the day on which the individual arrangement commences. (g) CBA must give the employee a signed copy of the individual arrangement within 14 days after it is agreed to. (h) CBA or the employee may terminate the individual arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if CBA and the employee agree in writing — at any time, following which, the arrangements set out in paragraph 9.2(d) will apply.
(i) CBA will, every three months, notify the FSU of the number of individual arrangements it has entered into over that period. This information will include the number of arrangements by the employees’ grades and business units. (j) Clause 9.7 applies to individual arrangements and a reference in that clause to remuneration provided under this Agreement includes remuneration provided under an individual arrangement.
7.3 Preservation of Clause 12 agreements (a) Where, immediately prior to the commencement of this Agreement, an employee was engaged on a clause 12 agreement that clause 12 agreement shall continue in operation. (b) An employee may terminate a clause 12 agreement on 14 days notice to CBA, or at any time by agreement with CBA, and thereafter, consistent with paragraph 9.2(d) to be paid in accordance with and participate in all provisions of this Agreement. (c) To the extent that a clause 12 agreement deals with: (i) rostered days off; (ii) overtime and separate attendance; (iii) meal allowance; (iv) leave in lieu of travelling time; (v) on-call allowance; (vi) telephone availability allowance; (vii) higher duty allowance; or (viii) annual leave loading; the provisions of this Agreement dealing with those matters do not apply to the employee covered by that clause 12 agreement.
(d) For the purposes of this clause a “clause 12 agreement” means an individual agreement made under clause 12 of an Old EBA or clause 8 of the Award. (e) Clause 9.7 applies to clause 12 agreements and a reference in that clause to remuneration provided under this Agreement includes remuneration provided under a clause 12 agreement.
7 7.4 Casual employees (a) Casual employees will be employed by the hour for short term engagements for the purposes of covering emergencies, unforeseen circumstances and workload peaks, and the provision of relief. (b) There is no limit on the number of casual employees which may be employed.
(c) Where a position has been filled by casual staff for six months and the position is still required, it will be filled on a permanent basis by a full-time or part-time CBA employee. (d) The use of casuals is not intended to limit development opportunities for full-time or part-time staff.
(e) Casual employees will be paid at the base hourly rate for the classification and position performed as specified by this Agreement plus a 25% loading. (f) Subject to paragraph (g), payment of this loading is in recognition of the non- permanent nature of casual employment. This loading is in lieu of all other paid leave, whether it is applicable under this Agreement or any legislation. (g) Leave (i) A casual employee who is engaged on a regular and systematic basis over the relevant service period in clause 17 is entitled to Long Service Leave in accordance with that clause.
(ii) CBA may grant unpaid leave to casual employees.
(h) Casual employees will work and be paid for a minimum of 4 hours in any 24 hour period. Unless the employee otherwise agrees, they will be engaged once per day. Where an employee is engaged more than once each day the 4 hour minimum payment shall apply in total for all such engagements, that is, the employee is not entitled to a minimum 4 hour payment for each engagement. (i) Casual employees will not work in excess of 38 hours per week. (j) Where a casual employee is required to work in excess of ten hours on any day, such additional time will be paid at overtime rates of time and one half for the first three hours and double time thereafter.
Such payment will be on the applicable base hourly rate. The 25% loading will not apply.
(k) In the event a casual employee becomes a full-time employee or part-time employee, the period of casual employment will not count as service. (l) Casual employees will be entitled to the meal break and meal allowance provisions of this Agreement. (m) If, on the instructions of CBA, a casual employee is required to resume or continue work without having had 10 consecutive hours off duty, he or she will be paid at double the relevant ordinary rate of pay, until he or she is released from duty for such period and will then be entitled to be absent until he or she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
Such payment will be on the applicable base hourly rate. The 25% loading will not apply.
(n) Casual employees are entitled to unpaid Personal Leave, Carer’s Leave and Parental Leave in accordance with the National Employment Standards. (o) The following clauses of this Agreement do not apply to casual employees: (i) clause 9 Salaries (subject to clause 7.4(e));
8 (ii) clause 12 Hours; (iii) clause 13 Annual Leave; (iv) clause 15 Personal Leave; (v) clause 16 Parental Leave; (vi) clause 22 Redundancy; (vii) clause 23 Allowances; and (viii) clause 24 Preserved Conditions. 7.5 Mobile Bankers (a) This clause sets out the alternative arrangements that will apply to Mobile Bankers.
(b) Mobile Bankers will be graded at AMC level. CBA may, in its discretion, elect to pay Mobile Bankers a higher amount having regard to such matters as their skills, work performance and experience.
(c) Mobile Bankers are entitled to receive the annual Base Rate of Pay applicable for AMC level employees. The following clauses of this Agreement do not apply to Mobile Bankers: (i) performance payments; (ii) overtime and separate attendance; (iii) rostered days off; (iv) shift allowance; (v) higher duty allowance; (vi) Saturday and Sunday loadings; (vii) meal allowance; (viii) on-call allowance; and (ix) telephone availability allowance. (d) CBA will establish a separate STI scheme that will apply to Mobile Bankers. The STI scheme does not form part of this Agreement and CBA may, from time to time, change the STI scheme.
This includes changing the amount of potential STI payments that Mobile Bankers may receive and the sales targets (and other criteria) they need to satisfy to be eligible to receive a STI payment. The make-up of such scheme is within the complete discretion of CBA. However, as a guide only, CBA will have regard to matters including behaviours, lending compliance and accuracy, cross selling, customer satisfaction, revenue and arrears. (e) Clause 9.7 applies to Mobile Bankers and a reference in that clause to remuneration provided under this Agreement includes remuneration provided to Mobile Bankers.
8 Job Classifications Roles occupied by employees covered by the Agreement will be classified by CBA using the descriptors set out in schedule A. 9 Salaries 9.1 Payment of salaries
9 Employees’ salaries will be paid on a fortnightly basis by direct deposit into the employee’s CBA bank account or otherwise as agreed by CBA and an employee. CBA will provide employees with a CBA account, free of any maintenance fees, transaction fees and withdrawal fees (although other institutions' ATM fees will apply). An employee must open and maintain this account as their nominated account for salary payment purposes throughout their employment.
9.2 Salary (a) The salaries for classifications covered by this Agreement are set out in Schedule B (b) An employee must not be paid a salary lower than the minimum provided for their classification, subject to any salary sacrificing arrangement entered into under clause 10.
(c) The salary for a part-time employee shall be determined on a pro-rata basis according to the proportion of a full-time position on which the employee is engaged. (d) Where a clause 12 Agreement, AWA, ITEA or Individual Arrangement terminates, the employee’s new salary will be the higher of: (i) the applicable minimum rate (under the Commonwealth Bank Enterprise Agreement 2011) as at 30 June 2012 plus any of the pay increases set out in clause 9.4 which would have applied (given the employee’s performance ratings) if the employee had not been employed under the clause 12 Agreement, AWA, ITEA or Individual Arrangement at the time of the increase, or (ii) the applicable minimum rate set out in schedule B of this Agreement.
9.3 Higher Duty (a) An employee will only be entitled to be paid the salary for the higher role where the employee is appointed to act in a higher classification for at least one week (including public holidays). In this case, the employee will be paid at the minimum rate for the higher classification. Provided that the employee’s salary shall be increased by at least 5% while they are performing higher grade duty in accordance with this clause.
(b) An employee will not continue to receive the higher duty allowance if absent on sick leave or annual leave for more than one week unless he or she has been relieving in the position for at least three months. (c) An employee relieving in a lower grade will not have his or her salary reduced.