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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.1024
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4683
Award Code 1866  
Date Posted09/07/2006

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FSU - FuturePlus Enterprise Award




Application by Finance Sector Union of Australia, Commonwealth Bank Officers Section, NSW Branch, Industrial Organisation of Employees.


(No. IRC 1135 of 2006)


Before The Honourable Justice Schmidt

10 March 2006






1.  Arrangement


This award is arranged in the following manner:




Clause No.         Subject Matter


1.         Arrangement

2.         Definitions

3.         Terms of Engagement

4.         Job Grades

5.         Hours

6.         Casual and Part-time Employees

7.         Public Holidays

8.         Meal Break

9.         Payment of Wages

10.       Overtime and Meal Allowance

11.       Time Off In Lieu of Payment for Overtime

12.       Higher Duties

13.       Finishing at Night

14.       Travelling Expenses

15.       First Aid Allowance

16.       Annual Leave

17.       Long Service Leave

18.       Sick Leave

19.       Personal/Carer’s Leave

20.       Bereavement Leave

21.       Parental Leave

22.       Military, Community Service and Jury Duty

23.       Superannuation

24.       Workplace Relations

25.       Information Sharing

26.       Trade Union Training Leave

27.       Industrial Leave

28.       Right of Entry

29.       FSU Representatives

30.       Inductions

31.       Training

32.       Consultation

33.       Termination of Employment

34.       Redundancy

35.       Deduction of Union Membership Fees

36.       Salary Packaging

37.       Dispute Avoidance and Grievance Procedure

38.       Area, Incidence and Duration

39.       Anti-Discrimination




Table 1 - Wages

Table 2 - Other Rates and Allowances


2.  Definitions


2.1        "Casual employee" shall mean an employee engaged by the hour.


2.2        "Part-time employee" shall mean an employee who works less than 35 hours per week.


2.3        "Temporary Employee" shall be a full-time or part-time employee engaged for a specified period of time or specified task.


2.4        "Union" shall mean the Finance Sector Union, New South Wales Branch.


2.5        "Employer" shall mean FuturePlus Group and any other related business


2.6        "Employee" shall mean any person engaged under any contract, of which labour constitutes greater than half the value.


2.7        "Total Remuneration Package"  shall mean the cash salary of an employee, plus the 9% Superannuation Guarantee Charge.


3.  Terms of Engagement


3.1        All employees shall be employed as full-time, part-time or casual employees in accordance with the terms and conditions of this Award.


3.2        An employer shall inform each employee as to the terms of his/her engagement, and in particular whether he or she is a full-time, part-time or casual employee.


3.3        The employer may offer an employee a change in the terms of his or her engagement from Part-time to Full-Time or from Casual to either Part-Time or Full-Time, subject to the terms of this Award.


4.  Job Grades


With the exception of individuals engaged on the Australian Government New Entry Traineeship program, the following classifications shall apply:


Grade 1


A Grade 1 position is one in which employees’ work within established routines, methods and procedures that are predictable and may require the exercise of limited discretion.


Typical activities and skills may include but are not limited to:


applying basic office procedures;


operating office equipment;


receiving, sorting, distributing & filing correspondence and documents;


performing defined data entry/inquiry tasks;


answering enquiries using a general knowledge of the FuturePlus services.


Maybe, a Trainee with little or no vocational training and/or work experience (e.g. recent school leaver)


Grade 2


A Grade 2 position performs tasks and service requirements given authority within defined limits and employer established guidelines, using a more extensive range of skills and knowledge at a level higher than in Grade 1.


Grade 2 employees are responsible for their own work which is performed within established routines, methods and procedures.


Typical activities and skills may include but are not limited to:


Processing of standard documentation


Answering enquiries from members and external parties using a detailed knowledge of specific FuturePlus methods/procedures/processes.


Drafting correspondence appropriate to job function


Organising own work schedule


Providing information/assistance to other employees


Clerical/Service support, usually requiring some work experience; or Trainee within a technical stream (e.g. part way through a TAFE certificate or associate diploma or substantial industry training program)


Grade 3


A Grade 3 position is one in which tasks and service requirements are performed using a more extensive range of skills and knowledge at a higher level than required in Grade 2.


The position encompasses discretion in achieving tasks outcomes. A level of delegation and authority may be employed consistent with the job function and is performed predominantly within established policies and guidelines.


Those employed at this level are responsible and accountable for their own work, and may be expected to provide direction to other staff.


Typical activities and skills may include but are not limited to:


Undertaking of projects;


Preparing reports and recommendations within their own job function;


Drafting of correspondence to Members, general public & others;


Administering/maintaining employee records;


Providing on the job training to other employees


Grade 4


A Grade 4 position is one in which tasks and service requirements are performed using a more extensive range of skills and knowledge at a level higher than required at Grade 3. Those employed at this level are responsible for their own work, and any employees under their control.


Positions at this level require the application of relevant specialist knowledge and experience.


Those employed at this level would be required to advise on a range of activities and contribute to the determination of objectives within the required area of expertise.


Typical activities and skills may include but not limited to:


Managing and maintaining service standards


Overseeing day to day operations of functional areas of responsibilities


Providing effective leadership


Implementing and maintaining effective controls


Assist with the recruitment and selection of employees


Preparation of reports


Maybe, Professionals or Senior Technical employees, usually performing more advanced work; or Managers


5.  Hours


5.l         The ordinary hours of work (exclusive of meal hours) shall not exceed an average of 35 hours per week.  An employee’s start and finish times will be agreed between the employer and his or her manager, provided that the ordinary span of hours will be between the hours of 8:00am and 8:00pm, Monday to Friday inclusive and 8:00am and 5:00pm Saturday.


5.2        Employees may work between seven and ten hours on any day after agreement with the employer.


6.  Casual and Part-Time Employees


6.1        Casual Employees


6.1.1     "Casual employee" shall mean an employee who is engaged by the hour, whose spread of ordinary hours shall be as set out in Clause 5 - Hours. 


6.1.2     Casual employees shall be paid at an hourly rate equal to 125 per cent of the appropriate full-time rate divided by thirty five, with a minimum payment of four hours' work.


6.1.3     Casual employees with 12 month’s continuous service shall be offered a part-time or full-time position which equates to the average weekly hours over the period.  In the event that the employee refuses the offer, this shall be recorded on their personnel file.


6.2        Part-time Employees


6.2.1     "Part-time employee" shall mean a permanent employee who is employed to work regular days and regular hours, either of which are less than the number of days or hours worked by weekly employees employed by the employer, but such days shall not be less than 2 per week and such hours shall not be less than 12 per week.


6.2.2     Part-time employees shall be paid at an hourly rate equal to the appropriate weekly rate divided by thirty five.


6.2.3     The provisions of this award with respect to annual leave, annual leave loading, sick leave, jury service, bereavement leave, maternity leave and holidays shall apply to part-time employees on a pro rata basis for each employee in proportion to the normal ordinary hours worked by weekly clerical employees in the section or department in which the part-time employee is employed.


7.  Public Holidays


7.1        New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Bank Holiday (or some other day agreed between the employer and an employee), Christmas Day, Boxing Day, and any other day gazetted as a public holiday for the State or locality shall be holidays for the purposes of this award.


7.2        No deductions shall be made from the wages of weekly or part-time employees for the week in which any of the holidays fall.


7.3        For work done on any of these holidays double time and one-half shall be paid with a minimum payment for four hours' work.


8.  Meal Break


8.1        Employees whose ordinary working hours fall between 8:00am and 8:00pm shall be allowed a meal break of not less than thirty minutes or more than one hour between the hours of 11:00am and 2:30pm.


8.2        An employee shall not be required to work more than five hours without a break for a meal except where a casual employee or a part-time employee is engaged to work no more than six hours in any one day.


8.3        The employer and employee may by mutual agreement alter the commencing time of the lunch break.


9.  Payment of Wages


9.1        Wages shall be paid weekly or fortnightly.  Prior to any changes to the payment of wages, the employer should discuss such changes with the employees.


9.2        Overtime shall be paid within a fortnight from the pay day succeeding the day or days on which such overtime became due.


9.3        In the event of termination of employment, an employee shall be paid all monies due to the employee in the pay period following termination.


9.4        Wages shall be paid by electronic funds transfer to the financial institution of the employee’s choice.


10.  Overtime and Meal Allowance


10.1      All time worked in addition to the ordinary hours of work, or outside of the ordinary span of hours, prescribed by clause 5, Hours, of this Award, shall be overtime, provided that such time shall only be worked at the request or with the approval of the employer.  Such time shall be paid for at the rate of time and one-half for the first two hours and double time thereafter:  Provided further that in computing overtime each day's work shall stand alone.


10.2      When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work on successive days.  If on the instruction of the employer, an employee resumes or continues work without having had ten consecutive hours off duty, he or she shall be paid at double rates until he or she is released from duty,  and he or she then shall be entitled to be absent until he or she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.


10.3      An employee working overtime shall be paid a meal allowance in any of the following circumstances:


10.3.1   When required to work beyond 8:00pm - an amount set in Item 1, Table 2 - Other Rates and Allowances of Part B - Monetary Rates.


10.3.2   Where the concerned employees agree, an employer may supply employees with a suitable meal in which case the allowance set out in 10.3.1 shall not be payable.


10.3.3   Meal allowances shall be paid not later than the next succeeding payday, except by mutual agreement.


10.4      This clause shall apply to casual employees and in such cases overtime shall be calculated on the casual rate of pay i.e. 125 per cent of the ordinary hourly rate of full time employees.


10.5      In computing overtime any portion of an hour of less than thirty minutes shall be reckoned as thirty minutes and any portion in excess of thirty minutes shall be reckoned as one hour.


11.  Time Off in Lieu of Payment for Overtime


11.1      An employee may elect, with consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within one months of the overtime being worked.  Time off may be taken as single days or consecutive days at times agreed with the employer to a maximum of five days.


11.2      Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate that is an hour for each hour worked.


11.3      If, having elected to take time off as leave in accordance with 11.1 above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the one (1) month period or on termination.


12.  Higher Duties


12.1      An employee who performs the full function of work of a higher grade or pay rate for more than 9 days, will be paid at that higher grade or pay rate.


13.  Finishing at Night


13.1      When an employee finishes work after 8pm, the employer shall at its discretion either


13.1.1   provide transport; or


13.1.2   pay any additional outlay incurred in reaching his or her home safely.


14.  Travelling Expenses


14.1      When an employee, in the course of his/her duty, is required to go to any place away from his/her usual place of employment, he/she shall be paid all reasonable expenses actually incurred.


14.2      When an employee, in the course of his/her duty, is required other than in ordinary working hours to go to any place away from his/her usual place of employment he/she shall be paid all reasonable expenses actually incurred and in addition shall be entitled to take time off in lieu of payment for overtime for any time occupied in travelling outside ordinary working hours which is in excess of the time normally occupied by him/her in travelling from his/her home to his/her usual place of employment.


14.3      Any employee required to provide a motor car shall be paid the amount set in Item 3 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates extra per week.


14.4      Where an employee is required to use his/her motor car by his/her employer on a casual or incidental basis, he/she shall be paid an amount as set in Item 4 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates per kilometre travelled, during such use.


15.  First-Aid Allowance


An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications, such as a certificate from the St. John's Ambulance or similar body shall be paid an allowance as set in Item 4 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates if the employee is appointed by an employer to perform first-aid duty.


16.  Annual Leave


16.1      Employees shall be entitled to twenty days of annual leave for each completed year of service.


16.2      In the event of illness during a period of annual leave, and where an employee proves to the satisfaction of the employer such illness, an employee may have his or her Annual Leave re-credited and his or her Sick Leave deducted for the period of such illness.


16.3      Employees who are paid varying salaries (including commission) will have their annual leave pay based upon the average earnings over the last 12 months or since commencement (if they have less than 12 months’ service).


17.  Long Service Leave


17.1      Full-time and Part-time employees shall be entitled to Long Service Leave at the ordinary rate of pay (defined by the Long Service Leave Act 1955) as follows:


Length of Service


After 10 years’ service

13 weeks

For every completed year of service thereafter

1.3 weeks


17.2      An employee is required to give at least 30 days notice of his or her intention to take long service leave.


17.3      Payment to an employee proceeding on long service leave shall be made at the employee’s ordinary rate of pay for the period of leave either before commencement of the employee’s long service leave, or by agreement through the usual pay periods.


17.4      Long service leave shall be exclusive of all other leave entitlements, occurring during the taking of any period of long service leave.


17.5      When the service of an employee is terminated by death the employer shall pay the employee’s estate the monetary equivalent of any untaken long service leave standing to the employee’s credit at the time of the employee’s decease.


18.  Sick Leave


18.1      Employees will be entitled to fifteen days of Sick Leave per year, provided that part time employees’ sick leave entitlement will be calculated on a pro rata basis.


18.2      The entitlement to Sick Leave accumulates from year to year.


18.3      An employee who is absent from work because of sickness will notify his or her immediate manager as soon as reasonably practicable.


18.4      If an employee is on Workers’ Compensation (in accordance with the Workers’ Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998) the employer may pay the difference between the amount the employee receives whilst on Workers’ Compensation and their ordinary time rate of pay. If the difference is paid, it will be deducted from any Sick Leave currently owing to the employee. 


18.5      In the event Sick Leave of 2 consecutive days is claimed; or Sick Leave of more than 4 single days in the preceding 12 months has been claimed; or where sick leave is claimed for a work day adjacent to a public holiday, weekend or accrued day off, the employee claiming Sick Leave will provide to the employer a medical certificate as proof of illness or incapacity.


18.6      In cases where regular sick leave is being taken the employee may be asked to attend the company appointed Doctor for an assessment of their fitness for work, at the Company’s expense


19.  Personal/Carers Leave


19.1      Definitions


"Person requiring care" means:


19.1.1   a spouse of the employee; or


19.1.2   a de facto spouse, who, in relation to a person, is a person of either sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or


19.1.3   a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee; or


19.1.4   a relative of the employee who is a member of the same household.


"Relative"  means a person related by blood, marriage or affinity;


"Affinity"  means a relationship that one spouse because of marriage has to blood relatives of the other; and


"Household"  means a family group living in the same domestic dwelling.


19.2      Use of Sick Leave


19.2.1   Permanent employees with responsibilities to a Person Requiring Care shall be entitled to use Sick Leave for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.


19.2.2   The employee shall, if required, shall provide evidence of the illness of the person concerned by providing a medical certificate.  In normal circumstances, an employee must not take Carer’s leave under this sub-clause where another person has taken leave to care for the same person.


19.2.3   An employee shall, wherever practicable, give the employer notice of the intention to take leave, the name of the Person Requiring Care and his or her relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.


19.3      Unpaid Leave for Family Purpose


An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a Person Requiring Care above who is ill.


20.  Bereavement Leave


20.1      An employee, other than a casual employee, shall be entitled to a minimum of two days bereavement leave without deduction of pay on each occasion of the death in Australia of a person within the definition of a Person Requiring Care in Clause 19 - Personal/Carer's Leave.  Where the death of such a person occurs outside Australia the employee shall be entitled to a minimum of five days bereavement leave where such employee travels outside Australia to attend the funeral.


20.2      The employee must notify the employer as soon as practicable of the intention to take bereavement leave.


20.3      Bereavement leave shall be available to the employee in respect to the death of a person within the definition of a Person Requiring Care in Clause 19 - Personal/Carer's Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.


20.4      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.


20.5      Bereavement leave may be taken in conjunction with other leave such as Sick Leave and Personal Carer’s Leave.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.


21.  Parental Leave


Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.


21.1      Definitions


For the purposes of this clause:


21.1.1   Child means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a step-child of the employee or of the spouse of the employee or a child who has previously lived with the employee for a period of six months or more.


21.1.2   Employee includes a part-time employee but does not include an employee engaged upon casual work.


21.1.3   Spouse includes a de facto spouse.


21.1.4   Continuous service means service under an unbroken contract of employment and includes:            any period of leave taken in accordance with this clause;            any period of part-time employment worked in accordance with this clause, or            any period of leave or absence authorised by the employer or by this award.            In the case of casual employees, continuous service is work for an employer on a regular and systematic basis, including any period of authorised leave or absence.


21.2      Basic entitlement


21.2.1   After twelve months continuous service, parents are entitled to a combined total of 52 weeks parental leave on a shared basis in relation to the birth or adoption of their child. For female employees, maternity leave may be taken and for male employee, paternity leave may be taken. Adoption leave may be taken in the case of adoption.


21.2.2   A female employee with twelve months continuous service shall be paid at ordinary rates for nine (9) weeks of maternity leave.  All other parental leave shall be unpaid.


21.2.3   Parental leave is to be available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances:            for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child;            for adoption leave, an unbroken period of up to three weeks at the placement of the child.


21.3      Maternity leave


21.3.1   An employee will provide to her employer at least ten weeks prior to the expected date of commencement of parental leave:            A certificate from a registered practitioner stating that she is pregnant and the expected date of confinement;            A statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.


21.3.2   An employee will give her employer not less than four weeks notice, in writing, of the date on which she proposes to commence maternity leave, stating the period of leave to be taken. However, an employee will not be in breach of this clause as a consequence of failure to give the stipulated period of notice if such failure is occasioned by the birth of the child occurring earlier than the presumed date.


21.3.3   Subject to clause 10.7.2(a) and unless agreed otherwise between the employee and his or her employer, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.


21.3.4   Where an employee continues to work within the six week period immediately prior to the expected date of the birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating she is fit to work on her normal duties.


21.4      Cancellation of maternity leave


21.4.1   Subject to the provisions of clause 10.7.5 hereof, maternity leave applied for, but not commenced, will be cancelled when the pregnancy terminates other than by the birth of a living child.


21.4.2   Where the pregnancy of an employee on maternity leave terminates other than by the birth of a living child, it will be the right of the employee to resume work at a time nominated by her employer, which will not exceed four weeks from the date of written notice by the employee that she desires to resume work.


21.5      Special maternity leave


21.5.1   Where the pregnancy of an employee terminates after 28 weeks and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies is necessary, except that where an employee is suffering from an illness not related to the direct consequences of the birth, an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.


21.6      Transfer to a safe job


21.6.1   Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if her employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.


21.6.2   If a transfer to a safe job is not practicable, the employee may elect, or her employer may require the employee, to commence parental leave.


21.7      Paternity leave


An employee will provide to his employer at least ten weeks prior to the expected date of commencement of paternity leave:


21.7.1   A certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of the birth, or states the date on which the birth took place; and


21.7.2   Written notification of the dates on which he proposes to start and finish the period of paternity leave; and


21.7.3   A statutory declaration stating:            he will take that period of leave to become the primary care giver of a child;            particulars of any period of maternity leave sought or taken by his spouse; and            that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.


21.8      Cancellation of paternity leave


21.8.1   Paternity leave applied for, but not commenced, will be cancelled when the pregnancy of the employee’s spouse terminates other than by the birth of a living child.


21.9      Adoption leave


21.9.1   The employee will notify their employer at least ten weeks prior to the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice where, through circumstances beyond the control of the employee, the adoption of a child takes place earlier.


21.9.2   Before commencing adoption leave, an employee will provide their employer with a statutory declaration stating:            the employee is seeking adoption leave to become the primary care-giver of the child;            the particulars of any adoption leave sought or taken by the employee’s spouse; and            that, for the period of adoption leave, the employee will not engage in any conduct inconsistent with their contract of employment.


21.9.3   Before taking adoption leave, an employee will also provide to their employer:            a statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the employee for adoption purposes; or            statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order.


21.10    Cancellation of adoption leave


21.10.1             Adoption leave applied for, but not commenced, shall be cancelled if the placement of the child does not proceed.


21.10.2             Where the placement of a child for adoption purposes with an employee on adoption leave does not proceed, the employee will notify their employer forthwith and the employer will nominate a time, not exceeding four weeks from the receipt of notification, for the employee’s resumption of work.


21.11    Special leave


21.11.1             The employer will grant to any employee who is seeking to adopt a child, such unpaid leave not exceeding two days, to enable the employee to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure. Where paid leave is available to the employee, the employer may require the employee to take such leave in lieu of special leave.


21.12    Variation of period of parental leave


21.12.1             Unless otherwise agreed between the employee and their employer, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change is to be notified at least four weeks prior to the commencement of the changed arrangements.


21.13    Parental leave and other entitlements


21.13.1             An employee may, in lieu or in conjunction with parental leave, access other paid leave entitlements which he or she has accrued such as annual leave or long service leave, subject to the total amount of leave taken not exceeding 52 weeks.


21.14    Returning to work after parental leave


21.14.1             An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the end of their leave.


21.14.2             An employee will be entitled to the position which they held immediately before commencing their parental leave. In the case of an employee transferred to a safe job pursuant to clause 10.7.5, the employee will be entitled to return to the position they held immediately before such transfer.


21.14.3             Where such position no longer exists but there are other positions available for which the employee is qualified and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.


21.15    Replacement employees


21.15.1             A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.


21.15.2             A replacement employee must be informed of the temporary nature of their employment and of the rights of the employee who is being replaced.


21.16    Effect of parental leave on employment


21.16.1             An employee’s absence on parental leave will not break the continuity of their service. However, the period of leave will not be taken into account when calculating the employee’s period of service for any purpose under this award.


21.17    Part time employment


With the agreement of the employer:


21.17.1             A male employee may work part time in one or more periods at any time from the date of birth of the child until its second birthday or, in relation to adoption, from the date of the placement of the child until the second anniversary of the placement.


21.17.2             A female employee may work part time in one or more periods while she is pregnant where part time employment is necessary or desirable because of the pregnancy.


21.17.3             A female employee may work part time in one or more periods at any time after the birth of the child until its second birthday.


21.17.4             In relation to adoption, a female employee may work part time in one or more periods at any time from the date of placement of the child until the second anniversary of the placement.


21.17.5             Before commencing a period of part time employment under this clause, the employee and their employer will agree:          That the employee may work part time;          Upon the hours to be worked by the employee, the days upon which they will be worked and starting and finishing times for the work;          Upon the period of part time employment.


22.  Military, Community Service and Jury Duty


22.1      Where an employee is required for Jury Duty or is participating in Official Defence Reserve or volunteer Emergency Service duties, salary and entitlements will be continued during such absences for a maximum of 2 weeks in any one year - except for Jury Duty where remuneration will be maintained for the actual period of the Service. Where payment is received by the employee from an external party for this involvement it should be refunded to the employer.


22.2      An employee shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury duty, military or emergency service.  Further, the employee shall give his or her employer proof of his or her attendance, the duration of such attendance and the amount received in respect of such service.


23.  Superannuation


23.1      The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW).  This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.


24.  Workplace Relations


24.1      The employer recognises the FSU as the relevant union to cover its employees and acknowledges the legitimacy of the FSU in the industrial relations system and within the employer. The employer will facilitate the FSU's ability to recruit (including provision of FSU membership literature to employees at the time of engagement by FSU representatives) and thereby remain representative of the employer's changing workforce, particularly part-time and casual employees.  The FSU and the employer acknowledge the need for a continuing climate of mutual co-operation to maximise the benefits of this Award.


25.  Information Sharing


25.1      The employer and the FSU recognise the need for an informed workforce that can participate in order to achieve improved work practices.  The employer will provide a notice board of reasonable dimension in a prominent position on each floor of each workplace upon which FSU representatives will be permitted to post relevant and official FSU notices and other material.


25.1.1   Each employee shall have access to a copy of this Award at each workplace.


25.1.2   Staff with access to email can receive and respond to relevant and authorised FSU material relating to the employer and relevant industry matters. 


25.1.3   An employee can contact the FSU via e-mail to resolve queries and ask questions for which they would usually make a telephone call.


25.1.4   Where the employer has granted an employee access to the Internet, he or she shall not be precluded from accessing FSU websites.


26.  Trade Union Training Leave


26.1      An employee elected or appointed to the position of FSU representative or member of a Branch Committee of the FSU, when nominated by the FSU, may be allowed paid leave to attend trade union training courses conducted or approved by the FSU, subject to the following conditions:


26.1.1   An employee will, upon application in writing from the FSU, be granted up to five (5) days paid leave each calendar year to attend such courses.  By prior agreement with the employer, such leave may be accumulated to a maximum of ten (10) days leave.


26.1.2   The granting of such leave will be subject to the FSU giving not less than four (4) weeks notice, or such lesser period as may be agreed between the employer and the FSU provided that:            The granting of such leave will be dependent upon the employer being able to make adequate staffing arrangements amongst the remaining employees;            The employer will not use this sub-clause to avoid its obligations under this clause; and            Where an employee attends trade union training on a day they are not rostered to work, they will be paid at their ordinary time earnings for that day.


26.1.3   The employer will not be liable for any additional expenses associated with an employee's attendance at a course, other than the payment of actual earnings for such absence.


26.1.4   The employer may require an employee to provide proof of attendance at the course before payment is made for the period of leave.


26.1.5   Leave of absence granted pursuant to this clause will count as service for all purposes.


27.  Industrial Leave


Where an employee holds an honorary official position in FSU, he or she will be entitled to reasonable paid time off to carry out FSU duties, including attendance at FSU conferences and Branch Committee meetings.  The FSU undertakes to keep the employer informed (via letter) as to who holds honorary positions and the extent of time required to carry out their FSU duties.  Where an honorary official attends a conference or committee meeting on a day he or she is not rostered to work, he or she will be paid at the ordinary time earnings rate of pay for that time.


28.  Right of Entry


28.1      A duly accredited FSU official shall be permitted to enter the employer's premises at any time during working hours for employees covered by this Award for the purposes of:


recruitment of members to the FSU;


ensuring observance of the Award and may for that purpose inspect relevant books, documents or work and interview any employee, being a member or person eligible to be a member of the FSU, on those premises; or


other reasons as may be agreed with the employer from time to time.


28.2      The FSU official:


will give 24 hours notice to the workplace manager of the intended visit;


will not hinder or obstruct an employee in the performance of their work during work times; and


will exercise every care to preserve the confidentiality of all work, books or documents inspected during entry under this sub-clause.


28.3      An accredited FSU official may meet with an accredited FSU workplace representative, provided the workplace manager is informed of the FSU official's presence when such a meeting takes place.


29.  FSU Representatives


29.1      The FSU is entitled to appoint one or more members as FSU representatives at a workplace operated by the employer.


29.2      On receiving written notice from the FSU that an employee has been appointed as an FSU representative, the employer must recognise that the person is authorised by the FSU to:


discuss with FSU members or persons eligible to be a member of the FSU, matters directly concerning the work they perform;


discuss with an accredited FSU official matters raised with members;


receive instructions from the FSU about performance of FSU duties; and


discuss with the employer's representative, matters raised by members concerning their employment.


29.3      An accredited FSU Representative has the right to reasonable access to telephone, facsimile, post, photocopying, and e-mail facilities for the purpose of carrying out work as a representative and consulting with workplace colleagues and the FSU.  Representatives will be allowed reasonable time necessary for the performance of the above functions.  Appropriate adjustment may be made to an employee's performance targets or criteria to take account of time away for FSU duties and may be acknowledged in personal performance reviews.


29.4      At all times, representatives will ensure within reason, that there is no disruption or hindrance to an employee's work being performed, including their own work.


29.5      Appointment as a FSU representative remains in force while the employee is employed at the workplace unless the authority is rescinded by the FSU.


30.  Inductions


30.1      The FSU will have access to induction courses convened by the employer for new employees.


30.2      The employer will advise the FSU as far as possible in advance of the date of induction courses.  The relevant FSU organiser and course convenor will discuss the most appropriate time during the induction course for the organiser to address the inductees.


30.3      The names of the new starters and their branches will be provided to FSU on the day of the course.


30.4      The induction talk given by the FSU will not exceed 30 minutes.  During the induction talk, the organiser will distribute application forms and relevant FSU literature.


31.  Training


31.1      If training or study leave is undertaken at the employer's request or with the employer’s approval during ordinary working hours, the employee concerned shall not suffer any loss of ordinary pay.


31.2      Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure.  Provided that reimbursement shall also be on an annual basis subject to the presentation of reports of satisfactory progress.


31.3      Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.


31.4      Employees should undertake such training and retraining as required by the employer.


32.  Consultation


The employer will to consult employees and the Union on significant matters affecting the operation of the Company that is relevant to the relationship between the employer and the employees.


33.  Termination of Employment


33.1      The employment of a full time or part-time employee may be terminated by the employee or employer with four week’s notice.  Notice may be given at any time or by the payment by the employer or forfeiture by the employee of an amount of pay equal to and in lieu of the notice.  .


33.2      An employee with more than two months’ service on leaving or being discharged shall, upon request, be given a certificate of service in writing.  Such certificate of service shall at least contain information as to the length and nature of the employment of the employee. 


34.  Redundancy


34.1      Application


This provision shall apply to all fulltime and part time employees.


This Agreement shall apply to employees recruited for a fixed term or specific project except that an officer shall not be deemed to be redundant at the scheduled completion of that period of employment.


34.2      Definitions


"Redundancy" shall mean a situation where the work being performed by an employee (or a major portion of it) is no longer required to be done as a result of reorganisation, changed business practices, technological change or downturn in business, but shall not mean where the business, or part there/of the employer is transmitted to another employer and acceptable alternate employment is available to the employee.  Acceptable alternate employment is defined by Clause 32.7 - Transmission of Business.


"Retrenchment" shall mean the termination of employment as a result of redundancy and where alternative employment is not available or retraining appropriate.


"Week's Salary" shall mean an employee's weekly salary plus where applicable, shift allowance and weekend penalty payments, averaged over the last complete shift roster cycle, but excluding any payments for overtime, stand-by, call back, etc. For an employee who is in receipt of a remuneration package, salary shall mean Total Employment Cost package value.


"Directly comparable position" shall mean a position that is at the same grade within the employer, which does not entail a change in duties significant enough as to be unreasonable in the circumstances of his or her skills and ability, and which is at the same location or at another location that is in reasonable commuting distance.


34.3      Redeployment


34.3.1   In each case of redundancy, the employer will make all reasonable efforts to redeploy the employee concerned elsewhere in the employer. These efforts will be assisted by taking maximum advantage of normal staff turnover and curtailing recruitment wherever practicable.


34.3.2   In filling vacancies, every reasonable consideration will be given to suitably qualified employees whose positions are redundant or are about to become redundant.


34.3.3   Employees accepting alternative employment within the employer, other than to a directly comparable position, will be given a trial period of up to two months in their new position. Should either the employer or the employee find that the employment is unsuitable, the employee's services may be terminated without-loss of entitlement to retrenchment payments calculated to the date service actually ends.


34.3.4   Where an employee is offered a directly comparable position, the employee's actual salary shall not be reduced.


34.3.5   Where alternative employment within the employer is offered and accepted by the employee which requires a change of residence, the employer will meet all removal expenses, transfer costs and accommodation costs associated with the move.


34.3.6   If an employee accepts an alternative position, which is at a lower grade and salary, the employee shall move from their current salary to their new salary in accordance with the following step-down arrangement over a three month period:


(i)         three months at 100% of current salary;


(ii)        three months at 66.6% of difference between current and new salary;


(iii)       three months at 33.3% of difference between current and new salary;


(iv)      salary for the alternative position.


34.3.7   The employer will assist in training in new skills as appropriate for employees transferred to alternative positions.


34.3.8   An offer of redeployment to other than a directly comparable position, shall be in writing with the following information about the proposed job option: location, grade, salary and principal duties.


34.4      Notice


34.4.1   During the life of this Agreement, the employer will advise the Union of the specific time of any retrenchment situations and the number of positions likely to become redundant, at least concurrently with the issuing of notice of retrenchment to affected employees.


34.4.2   The employer recognises the value of maintaining employee morale and protecting the dignity of individual employees in a redundant role. Given this, the employer will wherever possible avoid involuntary retrenchments, including holding discussions with the FSU and the employee affected at the time at which notice is given.


34.4.3   All employees to be retrenched will be given the maximum practical forewarning of likely retrenchment and the specific retrenchment date, however, no employee will be given less than four weeks written notice or, at the employer’s election, payment in lieu of that notice.


34.4.4   The employer will at the same time provide appropriate redeployment assistance in the instance of retrenchment.


34.5      Severance Payments


34.5.1   Upon termination through retrenchment, in addition to any payment in lieu of notice, an employee shall be paid a special lump sum severance payment in full settlement of all claims for additional notice, retrenchment pay, etc, calculated as follows:




Less than 1 year


1 year and less than 2 years

5 weeks pay

2 year and less than 3 years

9 weeks pay

3 year and less than 4 years

13 weeks pay

4 year and less than 5 years

16 weeks pay

5 year and less than 6 years

19 weeks pay

6 year and less than 7 years

22 weeks pay

7 year and less than 8 years

25 weeks pay

8 year and less than 9 years

28 weeks pay

9 year and less than 10 years

31 weeks pay

10 year and thereafter

34 weeks pay


34.6      Other Payments


In addition to the Severance Payments outlined a retrenched employee shall also be paid:


34.6.1   Annual Leave


Each employee shall be paid pro-rata in lieu of any accrued but not yet taken leave, plus any loadings which would otherwise have been placed on that leave, up to the pro-rata value of the maximum loading specified in the Award.


34.6.2   Long Service Leave


All employees who have completed more than five years continuous service will be paid on a pro-rata basis as per the NSW Long Service Leave Act.


34.6.3   Superannuation


All Superannuation deductions and contributions at the time of termination will be paid to the employee's respective superannuation scheme.


34.7      Transmission of Business


34.7.1   An employee who as a result of the business of the employer  being transmitted to another employer (herein called the Transmittee) is not entitled to severance pay if acceptable alternative employment is available to the employee.


34.7.2   Acceptable alternative employment means:            An offer of employment which the employee accepts with the Transmittee on terms and conditions of employment which are not less advantageous overall to the employee than those applying to him or her at the employer and which recognises the period of continuous service which the employee had with the employer as continuous service with the Transmitee; or            an offer of employment with the Transmittee on terms and conditions of employment which are not less advantageous overall to the employee than those applying to him or her at the employer to perform duties which are not unreasonable in the circumstances of the employee’s skills and abilities, and is at the same location or at another location which is within a reasonable commuting distance and where the period of continuous service which the employee had with the employer is recognised as continuous service with the Transmittee.


34.7.3   For the purpose of this clause, "transmission" includes any sale, corporate acquisition, take over, transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.


34.7.4   Any dispute about the suitability of the acceptable alternative employment may be progressed in accordance with the Dispute Settlement Procedure in this Award.


35.  Deduction of Union Membership Fees


35.1      The employer shall deduct Union membership fees (at a rate as determined from time to time by the Union) from the pay of any employee who has authorised the employer to make such deductions.


35.2      Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employee’s membership accounts.


36.  Salary Packaging


36.1      The employer may offer an employee a salary package in respect of salary, and other condition of employment.  Neither the employer nor the employee may be compelled to enter into a salary packaging agreement.


36.2      The terms and conditions of such a package may exclude the employee from access to the overtime provisions of this Award, however the package shall not, when viewed objectively, be less favourable than the total remuneration the employee would otherwise have received in accordance with this Award.


36.3      the employee will be given the opportunity by the employer to seek independent advice including advice from the union prior to entering into any salary packaging agreement;


36.3.1   where there is an agreement to salary package, the agreement shall be in writing and made available to the employee and the Union upon request;


36.3.2   With one month’s notice the employer or employee has the right to vary or withdraw from a salary packaging agreement.


36.3.3   the calculation of entitlements concerning superannuation will be based on the ordinary time rate of pay that the employee would have received in the absence of the salary packaging arrangement;


37.  Dispute Avoidance and Grievance Procedure


37.1      The parties agree that all grievances, claims or disputes will be dealt with in the following manner so as to ensure the orderly settlement of the matters in question.  Employees may, at any time during this procedure, seek the advice or assistance of the Finance Sector Union or another representative.


37.2      All grievances will be put in writing and given to the immediate manager, unless the employee believes this would prejudice the handling of the grievance, in which case it will be provided to the Head of Human Resources or the Chief Executive Officer.  The Manager (or CEO) will acknowledge receipt of the grievance and provide a reply to the grievance within 48 hours.


37.3      A grievance or dispute will, where possible, be settled by discussion within FuturePlus between the employee(s) concerned and the immediate Manager (or the CEO’s representative).


37.4      If no agreement is reached within a reasonable time period, an officer or employee of the Finance Sector Union or another employee representative may discuss the matter with the Head of Human Resources, or some other nominee of the CEO, in an effort to resolve the matter.


37.5      Whilst the foregoing procedure is being followed normal work will continue.  No party will be prejudiced as to the final settlement by the continuance of work in accordance with this procedure.


37.6      Should the matter still not be resolved within a reasonable time period either party may refer it to the Industrial Relations Commission of New South Wales for settlement by conciliation, mediation or arbitration.


37.7      The parties will, at all times, confer in good faith and without undue delay.


37.8      Nothing in this clause shall prevent the employee from developing policies and procedures for the smooth settlement of disputes in accordance with this Award.


38.  Area, Incidence and Duration


38.1      This Award shall apply to all persons in receipt of a total remuneration package (TRP)of less than $85,000, and engaged in the provision of financial services by the businesses Future Plus, Chifley Financial Services, Local Government Financial Services or any other related business, successor or transmitee, provided that Clause 10 shall not apply to employees in receipt of a total remuneration package (TRP) of more than $65 000.


38.2      This award shall take effect from the first full pay period commencing on or after 10 March 2006 and shall remain in force for a period of 36 months.


39.  Anti-Discrimination


39.1      It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.


39.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.


39.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.


39.4      Nothing in this clause is to be taken to affect:


39.4.1   any conduct or act which is specifically exempted from anti-discrimination legislation;


39.4.2   offering or providing junior rates of pay to persons under 21 years of age;


39.4.3   any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;


39.4.4   a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.


39.4.5   This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.




(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.


(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:


“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”




Table 1 - Wages


The following minimum TRP shall take effect from 3 April 2006:



Minimum TRP










These rates will be indexed annually on 1 July according to the national average increase in incomes for full time employees, as reported in the ‘Average Weekly Earnings, Australia’ (ABS: 6302) report (or some other report agreed to by the parties) most recent to 1 July in each year after 2006.


Table 2 - Other Rates and Allowances


Item No.

Clause No.

Brief Description




Meal Allowance (Overtime)




Own Car Allowance:








For a vehicle 1,500 cc and under

$90.00 per week







For a vehicle over 1,500 cc

$120.00 per week



Own Car Allowance:








For use on a casual or incidental basis

$0.56 per km



First-aid Allowance

$10 per week


These rates will be indexed annually on 1 July according to the national average increase in incomes for full time employees, as reported in the ‘Average Weekly Earnings, Australia’ (ABS: 6302) report (or some other report agreed to by the parties) most recent to 1 July in each year after 2006.











Printed by the authority of the Industrial Registrar.


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