FSU - FuturePlus Enterprise Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
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
|
AWARD
PART A - CONDITIONS
1.
Arrangement
This award is arranged in the following manner:
PART A - CONDITIONS
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
PART B - MONETARY RATES
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
|
Entitlement
|
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:
21.1.4.1 any
period of leave taken in accordance with this clause;
21.1.4.2 any
period of part-time employment worked in accordance with this clause, or
21.1.4.3 any
period of leave or absence authorised by the employer or by this award.
21.1.4.4 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:
21.2.3.1 for maternity
and paternity leave, an unbroken period of one week at the time of the birth of
the child;
21.2.3.2 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:
21.3.1.1 A
certificate from a registered practitioner stating that she is pregnant and the
expected date of confinement;
21.3.1.2 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:
21.7.3.1 he
will take that period of leave to become the primary care giver of a child;
21.7.3.2 particulars
of any period of maternity leave sought or taken by his spouse; and
21.7.3.3 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:
21.9.2.1 the
employee is seeking adoption leave to become the primary care-giver of the
child;
21.9.2.2 the
particulars of any adoption leave sought or taken by the employee’s spouse; and
21.9.2.3 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:
21.9.3.1 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
21.9.3.2 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:
21.17.5.1 That
the employee may work part time;
21.17.5.2 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;
21.17.5.3 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:
26.1.2.1 The
granting of such leave will be dependent upon the employer being able to make
adequate staffing arrangements amongst the remaining employees;
26.1.2.2 The
employer will not use this sub-clause to avoid its obligations under this
clause; and
26.1.2.3 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:
COMPLETED YEARS OF
SERVICE
|
ENTITLEMENT
|
Less than 1 year
|
Nil
|
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:
34.7.2.1 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
34.7.2.2 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.
NOTES
-
(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.”
PART B - MONETARY RATES
Table 1
- Wages
The following
minimum TRP shall take effect from 3 April 2006:
Grade
|
Minimum TRP
|
1
|
$29,149
|
2
|
$34,507
|
3
|
$43,388
|
4
|
$56,347
|
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
|
Amount
|
1
|
10
|
Meal Allowance (Overtime)
|
$15
|
2
|
14.3
|
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
|
3
|
14.4
|
Own Car
Allowance:
|
|
|
|
|
|
|
|
For use on a casual or incidental basis
|
$0.56
per km
|
4
|
15
|
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.
M.
SCHMIDT
J
____________________
Printed by
the authority of the Industrial Registrar.