Commonwealth Bank Enterprise Agreement 2011 1 Title 2

Commonwealth Bank Enterprise Agreement 2011

1

Title

This agreement is called the Commonwealth Bank Enterprise Agreement 2011. 2

Arrangement

This Agreement is arranged as follows:

1. Title 2. Arrangement 3. Definitions 4. Operation 5. Fair Work Act 6. Anti- Discrimination 7. Basis of engagement 8. Job Classifications 9. Salaries 10. Superannuation 11. Travel 12. Hours 13. Shift work 14. Annual Leave 15. Personal Leave 16. Parental Leave 17. Long Service Leave 18. Public Holidays 19. Military Leave 20. Community Service Leave 21. Termination of Employment 22. Redundancy 23. Allowances 24. Preserved Conditions 25. Consultation regarding major workplace change 26. Dispute Settlement Procedure 27. Union Relationship 28. Transition to Retirement Schedule A - Classifications Schedule B - Salaries Schedule C - Preserved Conditions Schedule D - Allowances

1

3

Definitions

Act means the Fair Work Act 2009 and any statute amending or replacing it. Award means the Commonwealth Bank of Australia Employees Award 1999. Base Rate of Pay means the rate of pay payable to an employee for his or her ordinary hours of work, not including any bonuses, loadings, monetary allowances, overtime or penalty rates and any other separately identifiable amounts. The Base Rates of Pay are the salary bands detailed in Schedule B. CBA means Commonwealth Bank of Australia Limited ACN 123 123 124. CBA Group Company means a related body corporate (as defined by section 50 of the Corporations Act 2001) of CBA. Continuous Service means service under an unbroken contract of employment with CBA and includes paid leave of absence under clause 16 of this Agreement. Absences on leave without pay authorised by CBA including unpaid parental leave and career breaks do not break service but do not count as service. Employee means an employee to whom this Agreement applies by virtue of clause 4.1. FSU means the Finance Sector Union. FWA means Fair Work Australia. Immediate Family means a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee or a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee. National Employment Standards means the National Employment Standards provided for by the Act. Old EBA means the: (i)

Commonwealth Bank of Australia Retail Banking Services Enterprise Bargaining Agreement 2002; or

(ii)

Commonwealth Bank of Australia Technology. Operation & Procurement Enterprise Bargaining Agreement 2002; or

(iii)

Commonwealth Bank of Australia Direct Banking Enterprise Bargaining Agreement 2002; or

(iv)

Commonwealth Bank of Australia (Core) Enterprise Bargaining Agreement 2002.

Ordinary time and ordinary rates have the same meaning - it is the Base Rate of Pay plus any skill utilisation or any higher duty allowance applicable. Relevant Period is a period of up to 4 weeks over which the hours worked by an employee may be averaged. Salary has the same meaning as Base Rate of Pay.

2

4

Operation

4.1

This Agreement is binding upon: (a)

CBA;

(b)

employees of CBA employed in Australia in the classifications set out in this Agreement, other than employees who are engaged:

(c)

(i)

under an AWA unless that AWA has passed its nominal expiry date and such employee has given lawful notice of termination of the AWA. In such cases, this Agreement shall apply to such employees from the day on which the notice of termination of the AWA expires; or

(ii)

under an ITEA unless that ITEA has passed its nominal expiry date and such employee has given lawful notice of termination of the ITEA. In such cases, this Agreement shall apply to such employees from the day on which the notice of termination of the ITEA expires; and

the FSU, its officers and members.

4.2

For the avoidance of doubt, this Agreement does not apply to employees that CBA has classified above the MC classification.

4.3

From the date of its commencement, this Agreement prevails over and entirely excludes the operation of any other State or Commonwealth collective workplace agreement or award which binds CBA including, without limitation, the: (a)

Commonwealth Bank Enterprise Agreement 2010; and

(b)

Commonwealth Bank of Australia Employees Award 1999.

4.4

This Agreement will start seven days after it is approved by FWA, and its nominal expiry date is 30 June 2012.

5

Fair Work Act

5.1

Nothing in this Agreement is intended to provide an employee with a lesser entitlement than the minimum legal entitlements allowed by in the National Employment Standards. Where this Agreement does provide an employee with a lesser entitlement than allowed by the National Employment Standards, the employee shall be paid or provided with the higher entitlement in the National Employment Standards.

5.2

Clauses that supplement the National Employment Standards (a)

The following clauses of this Agreement provide for entitlements which supplement and are ancillary and/or incidental to the National Employment Standards: (i)

annual leave (clause 14);

(ii)

personal & carer’s leave and compassionate leave (clause 15);

(iii)

parental leave and related entitlements (clause 16);

(iv)

community service leave (clause 20);

(v)

long service leave (clause 17);

(vi)

public holidays (clause 18); and

(vii)

notice of termination and redundancy pay (clauses 21 & 22).

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(b)

The following clauses of this Agreement provide for entitlements which have the same (or substantially the same) effect as provisions of the National Employment Standards (i)

maximum weekly hours (clause 12.1); and

(ii)

requests for flexible working arrangements (clause 12.8).

6

Anti-discrimination

6.1

Prevention of discrimination It is the intention of the parties to this Agreement to respect and value the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

6.2

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

6.3

(a)

Any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

(b)

Junior rates of pay;

(c)

An employee, CBA or other person on behalf of the employee pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Australian Human Rights Commission; or

(d)

Any exemptions under the Act.

Trade union membership In accordance with section 336 of the Act all parties recognise the right of CBA employees to choose to belong or to not belong to a trade union.

7

Basis of engagement

7.1

Type of employment CBA may employ employees under this Agreement on a permanent full time, permanent part time, temporary (including on a fixed term or maximum term) or casual basis.

7.2

(a)

Full time employee means an employee working standard hours under clause 12 of this Agreement.

(b)

Part time employee means an employee who is engaged to work less than the standard hours under clause 12 and in accordance with clause 12.1(g). Unless otherwise provided in this Agreement, pro rata full time salary and conditions of service apply to part time employees.

(c)

Casual employee means an employee other than a full time or part time employee who is employed on a casual basis and is engaged as such.

(d)

Temporary employee means an employee engaged on the basis that their employment will end after a specified period of time or on completion of a specified task or project.

Individual arrangement (a)

If an employee requests, including after discussions initiated by CBA, they may enter into an individual arrangement. 4

(b)

There will be no requirement that CBA offer an individual arrangement to an employee and an employee cannot be required to enter into such an arrangement as a condition of their employment or as a condition of being offered a promotional position.

(c)

Employees must be better off overall under an individual arrangement than they would have been under this Agreement. In making such determination, regard shall be had to any bonuses paid, or other incentive arrangements afforded, to the employee under the individual arrangement.

(d)

Under an individual arrangement, CBA and the employee may agree to vary the effect of any or all of the following provisions of this Agreement as they apply to the employee: (i)

clause 7.5

Mobile Bankers

(ii)

clause 9

Salaries (but not clause 9.7)

(iii)

clause 11

Travel on CBA Business

(iv)

clause 12

Hours

(v)

clause 13

Shift work

(vi)

clause 14

Annual Leave, but only clause 14.1(b) and clause 14.5

(vii)

clause 15

Personal Leave, but only clause 15.2

(viii)

clause 18

Public Holidays

(ix)

clause 23

Allowances

(x)

clause 24

Preserved Conditions, other than item 1, Staff Housing Loans.

(e)

However, the employee cannot be provided with lesser benefits than those set out in the National Employment Standards.

(f)

The individual arrangement must: (i)

be about permitted matters under section 172 of the Act; and

(ii)

not include unlawful terms under section 194 of the Act; and

(iii)

include the name of CBA and the employee; and

(iv)

be in writing and signed by CBA and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and

(v)

include details of: the terms of this Agreement whose effect will be varied by the individual arrangement; and how the individual arrangement will vary the effect of the terms; and how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual arrangement; and

(vi)

state the day on which the individual arrangement commences. 5

(g)

CBA must give the employee a signed copy of the individual arrangement within 14 days after it is agreed to.

(h)

CBA or the employee may terminate the individual arrangement: (i)

by giving no more than 28 days written notice to the other party to the arrangement; or

(ii)

if CBA and the employee agree in writing — at any time, following which, the arrangements set out in paragraph 9.2(d) will apply.

7.3

(i)

CBA will, every three months, notify the FSU of the number of individual arrangements it has entered into over that period. This information will include the number of arrangements by the employees’ grades and business units.

(j)

Clause 9.7 applies to individual arrangements and a reference in that clause to remuneration provided under this Agreement includes remuneration provided under an individual arrangement.

Preservation of Clause 12 agreements (a)

Where, immediately prior to the commencement of this Agreement, an employee was engaged on a clause 12 agreement that clause 12 agreement shall continue in operation.

(b)

An employee may terminate a clause 12 agreement on 14 days notice to CBA, or at any time by agreement with CBA, and thereafter, consistent with paragraph 9.2(d) to be paid in accordance with and participate in all provisions of this Agreement.

(c)

To the extent that a clause 12 agreement deals with: (i)

rostered days off;

(ii)

overtime and separate attendance;

(iii)

meal allowance;

(iv)

leave in lieu of travelling time;

(v)

on-call allowance;

(vi)

telephone availability allowance;

(vii)

higher duty allowance; or

(viii)

annual leave loading;

the provisions of this Agreement dealing with those matters do not apply to the employee covered by that clause 12 agreement.

7.4

(d)

For the purposes of this clause a ―clause 12 agreement‖ means an individual agreement made under clause 12 of an Old EBA or clause 8 of the Award.

(e)

Clause 9.7 applies to clause 12 agreements and a reference in that clause to remuneration provided under this Agreement includes remuneration provided under a clause 12 agreement.

Casual employees (a)

Casual employees will be employed by the hour for short term engagements for the purposes of covering emergencies, unforeseen circumstances and workload peaks, and the provision of relief. 6

(b)

There is no limit on the number of casual employees which may be employed.

(c)

Where a position has been filled by casual staff for six months and the position is still required, it will be filled on a permanent basis by a full-time or part-time CBA employee.

(d)

The use of casuals is not intended to limit development opportunities for full-time or part-time staff.

(e)

Casual employees will be paid at the base hourly rate for the classification and position performed as specified by this Agreement plus a 25% loading.

(f)

Subject to paragraph (g), payment of this loading is in recognition of the nonpermanent nature of casual employment. This loading is in lieu of all other paid leave, whether it is applicable under this Agreement or any legislation.

(g)

Leave (i)

A casual employee who is engaged on a regular and systematic basis over the relevant service period in clause 17 is entitled to Long Service Leave in accordance with that clause.

(ii)

CBA may grant unpaid leave to casual employees.

(h)

Casual employees will work and be paid for a minimum of 4 hours in any 24 hour period. Unless the employee otherwise agrees, they will be engaged once per day. Where an employee is engaged more than once each day the 4 hour minimum payment shall apply in total for all such engagements, that is, the employee is not entitled to a minimum 4 hour payment for each engagement.

(i)

Casual employees will not work in excess of 38 hours per week.

(j)

Where a casual employee is required to work in excess of ten hours on any day, such additional time will be paid at overtime rates of time and one half for the first three hours and double time thereafter. Such payment will be on the applicable base hourly rate. The 25% loading will not apply.

(k)

In the event a casual employee becomes a full-time employee or part-time employee, the period of casual employment will not count as service.

(l)

Casual employees will be entitled to the meal break and meal allowance provisions of this Agreement.

(m)

If, on the instructions of CBA, a casual employee is required to resume or continue work without having had 10 consecutive hours off duty, he or she will be paid at double the relevant ordinary rate of pay, until he or she is released from duty for such period and will then be entitled to be absent until he or she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. Such payment will be on the applicable base hourly rate. The 25% loading will not apply.

(n)

Casual employees are entitled to unpaid Personal Leave, Carer’s Leave and Parental Leave in accordance with the National Employment Standards.

(o)

The following clauses of this Agreement do not apply to casual employees: (i)

clause 9 Salaries (subject to clause 7.4(e));

(ii)

clause 12 Hours;

(iii)

clause 13 Annual Leave;

(iv)

clause 15 Personal Leave; 7

7.5

8

(v)

clause 16 Parental Leave;

(vi)

clause 22 Redundancy;

(vii)

clause 23 Allowances; and

(viii)

clause 24 Preserved Conditions.

Mobile Bankers (a)

This clause sets out the alternative arrangements that will apply to Mobile Bankers.

(b)

Mobile Bankers will be graded at AMC level. CBA may, in its discretion, elect to pay Mobile Bankers a higher amount having regard to such matters as their skills, work performance and experience.

(c)

Mobile Bankers are entitled to receive the annual Base Rate of Pay applicable for AMC level employees. The following clauses of this Agreement do not apply to Mobile Bankers: (i)

performance payments;

(ii)

overtime and separate attendance;

(iii)

rostered days off;

(iv)

shift allowance;

(v)

higher duty allowance;

(vi)

Saturday and Sunday loadings;

(vii)

meal allowance;

(viii)

on-call allowance; and

(ix)

telephone availability allowance.

(d)

CBA will establish a separate STI scheme that will apply to Mobile Bankers. The STI scheme does not form part of this Agreement and CBA may, from time to time, change the STI scheme. This includes changing the amount of potential STI payments that Mobile Bankers may receive and the sales targets (and other criteria) they need to satisfy to be eligible to receive a STI payment. The make-up of such scheme is within the complete discretion of CBA. However, as a guide only, CBA will have regard to matters including behaviours, lending compliance and accuracy, cross selling, customer satisfaction, revenue and arrears.

(e)

Clause 9.7 applies to Mobile Bankers and a reference in that clause to remuneration provided under this Agreement includes remuneration provided to Mobile Bankers.

Job Classifications Roles occupied by employees covered by the Agreement will be classified by CBA using the descriptors set out in schedule A.

9

Salaries

9.1

Payment of salaries Employees’ salaries will be paid on a fortnightly basis by direct deposit into the employee’s CBA bank account or otherwise as agreed by CBA and an employee. CBA will provide employees with a CBA account, free of any maintenance fees, transaction 8

fees and withdrawal fees (although other institutions' ATM fees will apply). An employee must open and maintain this account as their nominated account for salary payment purposes throughout their employment. 9.2

Salary (a)

The salaries for classifications covered by this Agreement are set out in Schedule B

(b)

An employee must not be paid a salary lower than the minimum provided for their classification, subject to any salary sacrificing arrangement entered into under clause 10.

(c)

The salary for a part-time employee shall be determined on a pro-rata basis according to the proportion of a full-time position on which the employee is engaged.

(d)

Where a clause 12 Agreement, AWA, ITEA or Individual Arrangement terminates, the employee’s new salary will be the higher of: (i)

the applicable minimum rate (under the Commonwealth Bank Enterprise Agreement 2010) as at 30 June 2011 plus any of the pay increases set out in clause 9.4 which would have applied (given the employee’s performance ratings) if the employee had not been employed under the clause 12 Agreement, AWA, ITEA or Individual Arrangement at the time of the increase, or

(ii) the applicable minimum rate set out in schedule B of this Agreement. 9.3

9.4

Higher Duty (a)

An employee will only be entitled to be paid the salary for the higher role where the employee is appointed to act in a higher classification for at least one week (including public holidays). In this case, the employee will be paid at the minimum rate for the higher classification. Provided that the employee’s salary shall be increased by at least 5% while they are performing higher grade duty in accordance with this clause.

(b)

An employee will not continue to receive the higher duty allowance if absent on sick leave or annual leave for more than one week unless he or she has been relieving in the position for at least three months.

(c)

An employee relieving in a lower grade will not have his or her salary reduced.

Increase in salary (a)

(b)

On 1 July 2011, employees shall receive the following increases to their base salaries (as at 30 June 2011) according to their performance rating for the performance year of 1 July 2010 to 30 June 2011: Rating

Increase

Meets Expectations or higher

4%

Needs Improvement

2%

Unsatisfactory

0%

Such increase shall be paid as soon as is reasonably practicable following the completion of CBA’s performance review process for employees and shall be back-dated to 1 July 2011. 9

9.5

(c)

Employees who improve their performance ratings to ―Performance Needs Development‖ or ‖Valued Contribution‖ or better, as the case may be, for CBA's 31 December 2011 interim review process shall receive the balance of the applicable increase effective from 1 January 2012. Such increase shall be paid as soon as is reasonably practicable following the completion of CBA’s interim performance review process for employees and shall be back-dated to 1 January 2012.

(d)

The minimum full-time rates for each classification shall be as set out in Schedule B.

(e)

The determination of an employee’s performance rating and the setting of targets is within the complete discretion of CBA.

Performance bonuses (a)

All employees covered by this Agreement will be eligible to participate in a performance related pay scheme (PRP) as determined by CBA.

(b)

PRP will be based upon the performance year of 1 July to 30 June each year. An overall annual performance rating of "Meets Expectations" or ―Valued Contribution‖ is required to receive a payment under the PRP. A PRP payment will be paid as an annual lump sum within three months following 30 June each year. The lump sum will be based on the employee's overall annual performance review rating and calculated on the employee's actual salary as at 30 June each year in accordance with the following table.

Performance rating

review

GC & Service Staff

AM

M

3%

4.5%

6%

―Exceeds Expectations‖ or ―Superior Contribution‖

4.5%

6%

7.5%

―Exceptional‖ or ―Exceptional Contribution‖

9%

10.5%

15%

―Meets Expectations‖ or ―Valued Contribution‖

(c)

Performance pay % of Actual Salary

The following conditions also apply to PRP payments and calculations: (i)

All paid leave up to a maximum of 4 months will be included for PRP calculations.

(ii)

Unpaid leave will not be included for PRP calculations.

(iii)

PRP will be included for superannuation calculations.

(iv)

In the case of retrenchment or retirement prior to the end of the performance year, PRP payments subject to the PFR rating will be made on a pro-rata basis.

(v)

Employees with more than 3 months but less than 12 months' service as at 30 June each year will be entitled to a pro-rata PRP if they receive a PFR rating of "Meets Expectations", ―Valued Contribution‖ or higher. 10

(d) 9.6

(vi)

PRP payments for the relevant financial year shall be calculated on the employee’s base salary as at 30 June of that financial year.

(vii)

CBA may also make performance related payments to employees during the course of a financial year; any such amounts will be credited towards an employee’s entitlement to a PRP payment under clause 9.4 (b) and (c).

The determination of an employee’s performance rating and the setting of targets is within the complete discretion of CBA.

Performance assessment (a)

While the determination of an employee’s performance rating and the setting of targets is within the complete discretion of CBA, the provisions of this clause 9.6 set out the principles to be considered in the performance assessment process.

(b)

The performance assessment process will be based on both performance objectives (inclusive of measures and targets) and values based behaviours. The performance objectives will be reviewed by CBA and effectively communicated to employees.

(c)

In setting performance objectives and determining whether those performance objectives have been met, the factors that will be considered will include, but shall not be limited to the following: (i) staffing numbers in the employee’s workplace; (ii) market factors; (iii) provision of appropriate and relevant training to perform current job roles; (iv) the employee’s experience; and (v) approved absences from normal duties.

9.7

(d)

Any changes during the period for which performance objectives are set will be properly communicated to employees by CBA.

(e)

The performance appraisal process will be fair and transparent.

(f)

CBA policies in relation to performance appraisals will be available to all employees on CBA intranet.

Better off over all test (a)

The purpose of this clause 9.7 is to ensure that employees are better off overall under this Agreement than they would have been had the Award applied to them in place of this Agreement.

(b)

At the end of each Relevant Period, CBA shall determine whether an employee is eligible for a Top-up payment calculated on the following basis: TP = A - E Where: (i)

TP is the top-up payment to be made to the employee, provided that where this amount is less than zero it will be deemed to be zero.

(ii)

E is the total remuneration received by the employee under this Agreement over the Relevant Period for work performed over that period including: 11

the actual remuneration paid to the employee for ordinary hours worked, including any remuneration over the minimum rates provided for by this Agreement; and any loadings, penalty rates, payment for overtime or allowances paid to the employee. (iii)

A is the remuneration which would have been paid to the employee for the Relevant Period had the Award applied to the employment of the employee in place of this Agreement, being: ordinary hours worked calculated at the minimum rates provided for by the Award; and any loadings, penalty rates, payment for overtime or allowances which would have been applicable.

(iv)

Relevant Period means each 12 month period calculated from the Commencement Date of this Agreement during which this Agreement is in operation, provided that: the last period may be shorter if the Agreement ceases to operate prior to a twelve month anniversary of the Commencement Date; and if an employee ceases to be covered by this Agreement (because their employment terminates or otherwise) the relevant period for that employee will end on the date they cease to be covered by this Agreement.

(c)

Any Top-up payment to be made must be made within 1 month of the end of the applicable Relevant Period and shall be subject to PAYG tax.

(d)

In this clause 9.7 a reference to: (i)

the Agreement includes a reference to a clause 12 agreement which is continued in operation by clause 7.3;

(ii)

the Award includes the applicable transitional Australian Pay and Classification Scale.

10

Superannuation and salary sacrifice

10.1

CBA will provide superannuation contributions in accordance with the Superannuation Guarantee legislation in addition to the salaries provided for in clause 9.

10.2

Such contributions will be made to the Officers Superannuation Fund (OSF), which may be renamed during the life of this Agreement (with the exception of employees who continue to belong to the Colonial Group Staff Superannuation Scheme). However, employees may elect to have contributions made to an alternative complying fund in accordance with applicable legislation.

10.3

By agreement with CBA, an employee may choose to take part of their remuneration under this Agreement as salary sacrifice benefits (including by making additional pre-tax contributions into their chosen complying superannuation fund). If an employee makes this choice, the remuneration which would otherwise be payable to the employee will be reduced by the value of such benefits (including associated costs, charges and taxes).

10.4

Without limiting CBA’s discretion as to whether or not it will agree to any particular salary sacrificing arrangement, CBA may issue guidelines from time to time as to what salary sacrificing arrangements are acceptable to CBA.

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11

Travel

11.1

Travel on CBA Business

11.2

(a)

Where an employee is directed by their manager to go to any place away from their usual place(s) of employment, he or she will be reimbursed for all reasonable expenses. Reasonable expenses may include, but are not limited to, accommodation, meals and dry cleaning. Unless impractical, an employee must obtain approval from their manager prior to incurring such expenses and must provide receipts before they will be reimbursed.

(b)

An employee must notify their manager of any claim for reimbursement within one month of the entitlement arising or the entitlement will lapse. CBA must make the payment not later than the second pay day following the notification.

Travel between work and home (a)

CBA will pay the cost of taxi fares incurred in transporting an employee between his or her place of employment and their home where the employee finishes employment between 7.30 pm and 6:00 am.

(b)

CBA may:

(c)

(i)

require employees to share taxis; and

(ii)

at its election, provide alternative means of transport in lieu of paying the cost of taxi fares.

Agreement may be reached, between CBA and an employee to whom this clause 11.2 applies, in respect to alternative transport arrangements to more appropriately assist an employee to address the impact of late finishing times. This could include the participation in a car pool or where available, provision of secure parking. Any agreement between CBA and an employee will be voluntary and either party will have the freedom to accept or reject an offer of alternative arrangements by the other. Where an offer is rejected the provisions of clause 11.2(a) and 11.2(b) will continue to apply.

12

Hours

12.1

Span of hours (a)

The ordinary hours of work for full time employees will be 38 hours per week which may be averaged out over a period of up to 4 weeks and may be paid on the basis that the employee worked 38 hours each week. The 4 week period will be determined in accordance with CBA’s roster and pay cycles.

(b)

The span of ordinary hours to be worked by an employee will be determined by the ordinary hours as they pertain to the following areas of CBA business: (i)

(ii)

(c)

Branches (including Business Banking Branches): (1)

8am to 9pm, Monday to Friday inclusive;

(2)

8am to 5pm, Saturday and Sunday.

All other employees: (1)

8am to Midnight, Monday to Friday inclusive;

(2)

8am to 8pm, Saturday and Sunday.

On engagement, CBA will notify the employee of the hours to be worked by them, which may be subject to change under clause 12.1(d). 13

(d)

From time to time the operational needs of CBA may require employees to vary their working hours. Where such a need arises CBA will consult with employees in the determination of their working hours. In making its determination, CBA will have regard to the employee’s personal and family circumstances and any travel requirements that may exist. CBA will attempt as far as possible to reach agreement with employees concerning any changes before changes to working hours are implemented. In the event that agreement is not reached, CBA will provide the employee with reasonable notice (which, unless impractical due to a pressing operational necessity, will be at least 14 days) of the change.

(e)

The minimum period for any work day will be 4 continuous hours, and the maximum period will be 10 hours (or 12 hours by agreement between CBA and the employee).

(f)

Employees will be entitled to a notional weekend of 2 days per working week. By agreement these may be taken as individual days (i.e. not consecutively).

(g)

Other than for a pressing operational necessity, part-time employees will work:

(h)

(i)

a minimum of 4 hours per day (which may be reduced by agreement) and a maximum of 10 hours per day, payable at normal rates; and

(ii)

up to 128 hours (which may be extended to 136 hours by agreement) over a 4 week period, payable at normal rates.

Where there is a business imperative to change a part-time employees’ working arrangements or the part-time employee seeks a change to working arrangements, the following process will apply: (i)

The employee’s Manager will discuss the need for change with the employee and will provide all necessary and appropriate information. These discussions will be open and will take into account the operational and customer requirements of the work area as well as relevant personal or family responsibilities of the employee. The Manager must reasonably consider the employee’s preferred working arrangements, including days of work and work locations and the employee may develop options for consideration by their Manager to achieve the change required. The process outlined in this clause will generally be completed in a week.

(ii)

Employees will have four weeks written notice of any proposed changes to their working arrangements and their Manager will be available to discuss these changes during this period.

(iii)

CBA and employees will not unreasonably withhold agreement to changes in working arrangements intended to meet business or employee needs. In endeavouring to accommodate these changes the Manager and the employee will examine all reasonably available options consistent with business requirements.

(iv)

Where there is difficulty in meeting the proposed working arrangements the Manager and the employee will refer the matter to the Employee’s Manager Once Removed. If the Manager Once Removed is unable to resolve the matter it will be referred to the employee’s Manager Twice Removed for a decision. In considering the issues, the Manager Once Removed and the Manager Twice Removed will have regard to the issues raised under this clause 12.

(v)

The processes set out in this clause 12(h) will not apply where there is a pressing operational necessity. However, once the pressing operational necessity ceases, the employee will revert to their previous working arrangements. Further, in changing any arrangements under this clause 14

12.1(h), CBA must still have regard to the employee’s family and carer’s responsibility. (i) 12.2

Rostered days-off (a)

The ordinary hours of work referred to in clause 12.1(a) shall be worked so as to provide employees with rostered days off (RDOs) in accordance with this clause 12.2. However, such RDO shall not be counted as part of the 38 hours per week.

(b)

Where an employee’s ordinary hours are rostered in such a way that they are not worked more than nineteen days in a twenty-eight day period, the employee is deemed to have been provided with a rostered day off.

(c)

Accumulating and cashing-out RDOs (i)

Employees with twelve RDOs will be rostered and accounted for quarterly on the basis of an employee being entitled to three RDOs each quarter.

(ii)

Each quarter stands alone and RDOs will not be carried forward except by agreement between CBA and the employee to suit the business needs of the workplace. Up to six RDOs may be carried forward within any one calendar year.

(iii)

Where an RDO is carried forward in terms of clause 12.2(c)(ii) above the employee may elect to reschedule the RDO to a subsequent quarter within the same calendar year or up to six RDOs may be deferred and paid out at ordinary time at the end of the calendar year.

(d)

RDOs can be taken as half days or full days or otherwise and at such times by mutual agreement between CBA and the employee.

(e)

An employee who joins or leaves CBA within an RDO quarter will be entitled to a pro rata RDO entitlement.

(f)

Employees with RDOs will have the number adjusted annually in respect of absences during the preceding year for the following reasons:

(g) 12.3

CBA may require employees to work reasonable overtime.

(i)

Sick Leave (including sick leave on workers compensation);

(ii)

Long Service Leave;

(iii)

Parental Leave (at full or half pay);

(iv)

Leave Without Pay;

(v)

Career Break;

(vi)

Special Leave (where absences exceed nineteen working days); and

(vii)

Full Time Study Leave.

For the avoidance of doubt, this clause 12.2 does not apply to employees other than full-time employees.

Overtime (a)

Subject to clause 12.3(c) overtime will be payable where a full-time employee is required by CBA to work: (i)

outside the span of ordinary hours set out in clause 12.1(b);

15

(b)

(ii)

more than ten hours of duty, or 12 hours of duty where the employee had agreed to work 12 hours under clause 12.1(e), (exclusive of meal breaks) on any one day; or

(iii)

in excess of 40 hours in a week (which is reduced by 8 hours for each RDO taken in that week).

Subject to clause 12.3(e), in the case of a part-time employee overtime will be payable if the employee works: (i)

in excess of the agreed hours (which includes any additional hours under clause 12.1(g)) of duty on any one day;

(ii)

in excess of 10 hours per day; or

(iii)

outside the span of ordinary hours set out in clause 12.1(b).

Interpretation of this clause: this clause 12.3(b) is not intended to change the manner in which over-time is calculated for part-time employees from that in place immediately prior to the commencement of the Commonwealth Bank Enterprise Agreement 2010. (c)

Overtime is not payable: (i)

where the relevant hours are only being worked because of an averaging arrangement under clause 12.1(a) or for such hours that the employee has been released from duty in the same pay fortnight as which the hours were worked;

(ii)

where the relevant hours are worked because an employee has accrued an RDO and such hours will be paid at ordinary rates.

(d)

Overtime is accounted for weekly, payable at one and one half times ordinary rates for the first three overtime hours worked and double ordinary rates for any additional overtime hours worked. Overtime payments will be paid in the next available pay cycle.

(e)

In circumstances where: (i)

a public holiday falls on a day normally worked by a part-time employee and by agreement between CBA and the employee an additional day is worked either prior to or following the holiday, maximum hours in that week (including the holiday) will not exceed 38 and payment for the additional hours will be at ordinary hours rates;

(ii)

a part-time employee, on a voluntary basis, attends a full time training course, payment at ordinary hourly rates will be made on a day to day basis up to a maximum of 38 hours per week. A full day (irrespective of hours actually worked up to 7.6) will count and be paid as 7.6 hours.

(f)

An employee under age eighteen years is to be given at least one day's notice of being required to work overtime and an indication of the expected finishing time.

(g)

Overtime is calculated on salary and where appropriate, any higher duty allowance or skill utilisation loading applicable.

(h)

Where authorised by management of the business area, an employee may agree to accrue time in lieu of overtime on the following basis: (i)

accrual is by agreement between the business unit and the employee;

(ii)

accrued time will be calculated at one hour for each hour of overtime worked; 16

(i)

12.4

12.5

(iii)

accrued time must be taken within a 3 month period from the time overtime was worked, at a time convenient to CBA and the employee;

(iv)

accrued time which cannot be taken within a 3 month period from the time overtime was worked, or before termination of employment, will be paid out at overtime rates as prescribed in clause 12.3(d);

(v)

the maximum number of hours that may be accumulated over a four week cycle will be 16.

A separate attendance is an attendance at work outside and not continuous with scheduled hours. Payment for each separate attendance will be: (i)

on weekdays at overtime rates; or

(ii)

on Saturdays, Sundays or public holidays at double time, with a minimum payment for four hours.

(j)

Where an employee is entitled to be paid overtime for a particular period of time under more than one provision of this clause they will be paid the highest of the entitlements but will not be paid under more than one provision, provided that an employee is not entitled to be paid for accrued time in lieu of overtime other than in accordance with clause 12.3(h)(iv).

(k)

Overtime will not be included in payments for retirement, resignation, retrenchment or dismissal.

Ordinary hours worked on weekends (a)

Employees commencing employment in Direct Banking after 16 May 2001 or elsewhere in CBA after the commencement of the Commonwealth Bank Enterprise Agreement 2010 may be employed on the basis that they can be required to work on weekends. Provided that paragraph 12.4(b) will apply to an employee where that employee is not rostered to work on a weekend within six months of their commencing employment.

(b)

Employees other than those covered by clause 12.4(a) may be rostered to perform ordinary hours on weekends on the following basis: (i)

the employees genuinely volunteering to work on weekends;

(ii)

employees will have the right to withdraw from weekend work by giving three months' written notice to their direct manager.

(c)

An employee may, at any time, make an application to withdraw from weekend work either permanently or temporarily because of the employee’s personal and family circumstances and any travel requirements that may exist. CBA must not unreasonably refuse any such request.

(d)

An employee will be entitled to have two consecutive days off each week, except where the employee elects and CBA agrees to two single non-consecutive days.

(e)

A loading of 50% will apply to work performed on Saturday and 75% on Sunday. These loadings will not apply to hours worked as overtime on weekends.

(f)

An employee may work at a different location on the weekend to their normal work location.

Meal break and tea break (a)

Unless otherwise agreed, employees will not be required to work more than 5 hours without an unpaid meal break of a minimum of 45 minutes duration. The meal break may be reduced to 30 minutes if CBA and the employee agree. 17

Subsequent meal breaks will become due if an employee is required to work for more than 5 ½ hours after resumption of duty from the previous meal break, unless he/she is due to cease work within 30 minutes of the subsequent meal break becoming due.

12.6

12.7

12.8

(b)

An employee who becomes entitled to a subsequent meal break may elect not to take such a break

(c)

An employee will be entitled to a paid tea break of not more than ten minutes duration when more than three hours is worked and two tea breaks when five hours or more is worked. Tea breaks will be taken at times agreed between the employee and CBA subject to CBA’s security and service to the public being maintained.

Rest period (a)

Subject to clause 12.6(b), an employee will be entitled to not less than 10 consecutive hours off duty between the end of his or her ordinary day or shift and the commencement of his or her ordinary work on the next day or shift, unless otherwise agreed.

(b)

If on the instructions of CBA, an employee is required to resume or continue work without having had 10 consecutive hours off duty, he or she will be paid at double the relevant ordinary rate of pay, until he or she is released from duty for such period and will then be entitled to be absent until he or she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

Staffing (a)

This clause 12.7 sets out the principles to be considered in staffing issues and except as elsewhere provided in this Agreement, the determination of staffing is within the complete discretion of CBA.

(b)

CBA agrees that workloads will be capable of being completed in ordinary working hours. However, CBA may require employees to work reasonable overtime.

(c)

When determining staffing levels for a workplace, CBA will take into account all relevant local level factors including, but not limited to, employee experience, market demographics, business opportunities, appropriate training and obligations under this Agreement.

(d)

CBA will take all reasonable steps to address any significant impact on employees and customers caused by an employee’s absence. These steps may include relief staff, casual employees, changes to rosters, deferral of work and the performance of approved overtime.

Requests for flexible working arrangements (a)

(b)

An employee who is a parent, or has responsibility for the care, of a child may request a change in working arrangements to assist the employee to care for the child if the child: (i)

is under school age; or

(ii)

is under 18 and has a disability.

The employee is not entitled to make the request unless:

18

(c)

(i)

for an employee other than a casual employee — the employee has completed at least 12 months of continuous service with the employer immediately before making the request; or

(ii)

for a casual employee — the employee: (1)

is a long term casual employee of CBA immediately before making the request; and

(2)

has a reasonable expectation of continuing employment by the employer on a regular and systematic basis.

The request must: (i)

be in writing; and

(ii)

set out details of the change sought and of the reasons for the change.

(d)

CBA must give the employee a written response to the request within 21 days, stating whether CBA grants or refuses the request. If the request is refused, CBA will include details of the reasons for the refusal.

(e)

CBA may only refuse the request on reasonable grounds related to the effect on the workplace or CBA’s business.

13

Shift work

13.1

Preservation of entitlements

13.2

(a)

Employees who were working shiftwork immediately prior to the commencement of the Commonwealth Bank Enterprise Agreement 2010 shall be covered by item 6 of Schedule C. Where there is reference to hours and averaging of hours in this clause 13, the ordinary hours to be worked over 19 days for those employees, provided for in clause item 6, will remain at 145 hours.

(b)

Employees who were working shiftwork immediately prior to the Commonwealth Bank Enterprise Agreement 2010 shall be entitled to the shift loading in item 6 of Schedule C which would, but for that Agreement, have applied to them for such time as they continue to work in the same role in which they were engaged at the commencement of the Commonwealth Bank Enterprise Agreement 2010.

Definitions (a)

(b) 13.3

A seven day shift worker is a CBA employee who is regularly rostered for duty on Saturdays, Sundays and public holidays as part of his or her ordinary working week, provided that an employee is only a shiftworker for the purpose of the National Employment Standards where they are employed in a part of CBA in which shifts are continuously rostered 24 hours a day for 7 days a week and the employee both: (i)

is regularly rostered to work those shifts; and

(ii)

regularly works on Sundays and public holidays.

A five day shiftworker is a CBA employee who is regularly rostered for duty as a shiftworker throughout the period from 6:00 am Monday to 11:23 pm Saturday.

Requirement to work shifts (a)

An employee may be employed on shiftwork, however no employee under the age of eighteen years will be employed on shiftwork without the written consent of his or her parent or guardian. 19

13.4

13.5

(b)

Except in the case of an emergency or absence of another employee, at least one week's notice will be given to an employee being transferred to shiftwork; of a change in the start and finish times of shifts; or, a change from one shift to another.

(c)

Regular rotation between shifts, or between shifts and normal hours of duty, shall be practised at all points where shiftwork occurs, unless otherwise agreed by CBA and the employee.

(d)

An employee shall not be required to stay longer than four weeks on a particular shift, unless otherwise agreed by CBA and the employee.

(e)

Rosters will be arranged so that no five day shiftworker is rostered to work Tuesday to Saturday shifts for more than six months per year.

(f)

An employee is not a shift worker simply because he or she works overtime outside normal business hours or works on weekends.

(g)

While an employee is expressly engaged as a shift worker by CBA and continues to work as such they will receive, on a pro-rata basis for the time worked, a shift allowance in addition to and calculated on their salary, including higher duty up to a maximum of MC salary, as follows: (i)

Morning shift commencing on or after 6:00am but before 8:00am: 12.5%

(ii)

Afternoon shift (Branch employees only) commencing on or after 4:00pm but before midnight and which finishes after 9:00 pm: 17.5%

(iii)

Night shift commencing on or after midnight but before 6:00am: 25.0%

Ordinary working hours (a)

The ordinary hours of work for full time shiftworkers will be 38 hours per week which may be averaged out over a period of up to 4 weeks and paid on the basis that the employee worked 38 hours each week. The 4 week period will be determined in accordance with CBA’s roster and pay cycles.

(b)

A shiftworker will be entitled to two paid ten minute tea breaks during each shift.

(c)

At the time of roster change, no shiftworker will be rostered to commence a shift less than 15 hours 20 minutes after the rostered completion time of his or her previous shift.

(d)

Clause 12.6 Rest period and clause 12.5 Meal Break and Tea Break apply to shiftworkers.

(e)

A seven day shiftworker will not be rostered to work more than 50% of weekends. However, this does not include shifts where the shift commences on Friday and goes through to Saturday.

(f)

CBA may require shiftworkers to work reasonable overtime

Meal allowance (a)

(b)

A meal allowance will be paid to an employee who works: (i)

overtime and in excess of 9½ hours (excluding meal breaks) on any day/shift; or

(ii)

overtime and in excess of 5½ hours on a weekend or public holiday.

A further meal allowance payment will become due for each additional period of 5½ hours. 20

13.6

Overtime (a)

(b)

(c)

(d)

(e)

Subject to clause 13.6(b) overtime will be payable where a full-time employee is required by CBA to work: (i)

in excess of 40 hours in a week (which is reduced by 8 hours for each RDO taken in that week); or

(ii)

subject to clause 13.6(d), in the case of a part-time employee overtime will be payable if the employee works: (1)

in excess of the agreed hours (which includes any additional hours under clause 12.1(g)) of duty on any one day; or

(2)

in excess of 10 hours per day.

(3)

Interpretation of this clause: this clause 13.6(a)(ii) is not intended to change the manner in which over-time is calculated for part-time employees from that in place immediately prior to the commencement of the Commonwealth Bank Enterprise Agreement 2010.

Overtime is not payable: (i)

where the relevant hours are only being worked because of an averaging arrangement under clause 13.4(a) or for such hours that the employee has been released from duty in the same pay fortnight as which the hours were worked; or

(ii)

where the relevant hours are worked because an employee has accrued an RDO and such hours will paid at ordinary rates.

Overtime is: (i)

accounted for weekly, payable at one and one half times ordinary rates for the first three overtime hours worked and double ordinary rates for any additional overtime hours worked. Overtime payments will be paid in the next available pay cycle.

(ii)

in the case of seven-day shiftworkers, payable at double ordinary rates.

In circumstances where: (i)

a public holiday falls on a day normally worked by a part-time employee and by agreement between CBA and the employee an additional day is worked either prior to or following the holiday, maximum hours in that week (including the holiday) will not exceed 38 and payment for the additional hours will be at ordinary hours rates;

(ii)

a part-time employee, on a voluntary basis, attends a full time training course, payment at ordinary hourly rates will be made on a day to day basis up to a maximum of 38 hours per week. A full day (irrespective of hours actually worked up to 7.6) will count and be paid as 7.6 hours.

Where authorised by management of the business area, an employee may agree to accrue time in lieu of overtime on the following basis: (i)

accrual is by agreement between the business unit and the employee;

(ii)

accrued time will be calculated at one hour for each hour of overtime worked; 21

13.7

(iii)

accrued time must be taken within a 3 month period from the time overtime was worked, at a time convenient to CBA and the employee;

(iv)

accrued time which cannot be taken within a 3 month period from the time overtime was worked, or before termination of employment, will be paid out at overtime rates as prescribed in paragraph (c); and

(v)

the maximum number of hours that may be accumulated over a four week cycle will be 16.

(f)

Shift loadings will not apply in the calculation of overtime payments.

(g)

Except in the case of annual leave, RDOs and attendance at CBA training courses, shift allowance will not be paid during any absence from duty.

(h)

When shift-workers are paid for a period of annual leave they will receive the higher of the shift allowance or annual leave loading, but not both.

(i)

Where an employee is entitled to be paid overtime for a particular period of time under more than one provision of this clause they will be paid the highest of the entitlements but will not be paid under more than one provision, provided that an employee is not entitled to be paid for accrued time in lieu of overtime other than in accordance with clause 13.6(e)(iv).

(j)

Overtime will not be included in payments for retirement, resignation, retrenchment or dismissal.

Daylight saving In the changeover from and to daylight savings, the length of any shift being worked at the relevant time will be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time recorded at the end of that shift, given that the clock will have been adjusted during the shift pursuant to relevant State legislation.

13.8

Weekends and public holidays The following loadings will be payable for ordinary time worked on weekends: (a)

A loading of 50% will apply to work performed on Saturday for hours worked between 8am to 8pm. A loading of 100% will be paid for work performed outside these hours.

(b)

A loading of 75% will apply to work performed on Sunday for hours worked between 8am to 8pm. A loading of 100% will be paid for work performed outside these hours.

(c)

Five day shiftworkers (i)

Where a public holiday falls on a Monday and a five day shiftworker is not rostered to work on that day, he or she will be entitled to one days’ additional pay, or may elect instead to take one days’ leave at another time.

(ii)

Where a public holiday falls on a day a five day shiftworker is rostered to work and he or she works on that day, he or she will be entitled to a separate attendance payment under clause 12.3.

(iii)

A shift which traverses midnight will be deemed to fall on the day on which the majority of hours are worked.

(iv)

Shifts in which the majority of rostered shift hours fall on a public holiday attract a penalty payment equal to 100% of the employee's salary. For 22

shifts worked on a public holiday only, the employee will also be entitled to an additional day’s leave at ordinary time. (d)

Seven day shiftworkers (i)

Shifts in which the majority of rostered shift hours fall on a Public Holiday attract a penalty payment equal to 100% of the employee’s salary. For shifts worked on a public holiday only, the employee will also be entitled to an additional day’s leave at ordinary time.

(ii)

Where a public holiday falls on a day a seven day shiftworker is not rostered to work, he or she will be entitled to a special holiday payment equal to 100% of the employee's salary, except where the public holiday falls during annual leave, long service leave, or periods of sick leave of one month or longer.

(iii)

A seven day shiftworker may elect to take a day's leave instead of the special holiday payment.

(iv)

Shiftworkers rostered to work on a public holiday and who are not required to work on that day will receive normal pay for the shift including the shift loading applying to a public holiday.

(v)

When a seven day shiftworker is rostered to work on the day following a public holiday but is not required to do so, he or she will receive the appropriate loading for the rostered shift.

(vi)

A shift which traverses midnight will be deemed to fall on the day on which the majority of hours are worked.

13.9 Shiftwork/Income Maintenance Allowance a) Income maintenance provisions will apply where an employee on shift duties is redeployed, transferred, promoted or moved for career development to non-shift duties. (i) These provisions will apply to all CBA shiftwork areas and employees carrying out shift duties who have continuously worked shifts for two years or more. Continuity will not be broken by periods of leave such as -

sick leave;

-

parental leave;

-

long service leave;

or temporary movement from shift duties to undertake special projects; or study leave or periods of training related to the position. Example of continuous service: Commences at take-up of shift duties, excludes period of leave and recommences from date of return to duty, eg six years shift service + twelve months leave + six months shift duty on return from leave equates to 6.5 years continuous shift service. b) An employee moved from shift duties will retain his/her shift loading for the prescribed period as follows: Full shift allowance will be maintained for twelve months from the date the employee ceases shift duties. This Annualised Shift Allowance (ASA) will be calculated by deducting the Salary applicable to the employee’s classification (prior to assuming the new position) from the employee’s actual earnings, excluding overtime, higher duty and other allowances (excluding shift allowance) over the last full twelve months in which they carried out shift duties. This figure will form the ASA for calculation of Salary. 23

The ASA component will stand alone and will be reduced by 25% with effect twelve months from the date of the cessation of shift duties and 25% annually thereafter, eg

at 1/1/2011

-

full ASA paid

at 1/1/2012

-

ASA reduced by 25%

at 1/1/2013

-

ASA reduced by 50%

at 1/1/2014

-

ASA reduced by 75%

at 31/12/2014 -

Payment of ASA ceases.

The ASA component will be reduced by any shift allowance (if applicable) related to the position newly occupied. During this phase out period, except in the case of annual leave, RDOs and attendance at a CBA training course, these phase out arrangements will not be paid during any absence from duty. The phase out period will continue to run during such absences and will be extended only for periods of parental leave and extended sick leave (greater than three weeks continuous). In such circumstances, the phase out arrangements will apply over a period extended by the duration of such leave. c) All promotional salary increases and increases as a consequence of CBA enterprise agreements, taking effect from the cessation of shift duties will not include the ASA component for calculation. ASA will not be included in the Annual Performance Related Payment Scheme. ASA will stand alone and be paid in addition to Salary. d) Prior to any decision being taken to move an employee to a non-shift position by way of transfer or promotion, consultation and discussion will be held with the employee and his/her views will be taken into consideration, however the final decision will be taken by the CBA. e) Should the non-shift position be subject to a redundancy situation and the employee is unable to be redeployed in accordance with this Agreement, on retrenchment, the pay will include any ASA component for salary purposes. 14

Annual leave

14.1

Minimum annual leave entitlement (a)

An employee will be entitled to annual leave in accordance with the Act. These entitlements can be summarised as follows: (i)

an accrual of 20 days annual leave per annum for each employee (other than those shift workers identified in clause 14.1(a)(ii));

(ii)

an accrual of 25 days annual leave per annum for shift workers where they are employed in a part of CBA in which shifts are continuously rostered 24 hours a day for 7 days a week and the employee both: is regularly rostered to work those shifts; and regularly works on Sundays and public holidays.

(iii)

annual leave shall be accrued on a pro-rate basis during each year of service; and

(iv)

annual leave is payable at the Base Rate of Pay for ordinary hours worked. 24

(b)

14.2

(i)

skill utilisation loading;

(ii)

district allowance;

(iii)

field staff allowance;

(iv)

living away from home allowance; or

(v)

relieving allowance.

Additional leave benefits (a)

14.3

In addition to the NES entitlement to annual leave at the Base Rate of Pay, CBA will pay the following allowances to employees during periods of annual leave to which the employee is otherwise entitled:

In order to best meet the needs of the business, and to provide employees with an opportunity to use annual leave in a way that best suits their individual and family circumstances, an employee may make a request in writing to: (i)

take annual leave in advance of such leave accruing to them; or

(ii)

purchase an additional amount of leave up to an amount of 20 days per annum; or

(iii)

cash-out accrued annual leave in accordance with clause 14.6.

(b)

If a request made under clause 14.2(a)(iii) is approved by CBA, the salary for the employee will be reduced on a pro rata basis to reflect the number of days purchased.

(c)

Employees employed at certain remote locations will be entitled to an additional five working days annual leave for each year of service.

Direction to take annual leave An employee must take an amount of annual leave during a particular period if directed by CBA where:

14.4

(a)

at the time that the direction is given, the employee has annual leave credited to him or her of more than 6 weeks;

(b)

the direction does not cause the employee’s annual leave balance to be less than 4 weeks at the time the leave is to commence; and

(c)

CBA gives the employee one month's notice in writing of the requirement to take the annual leave.

Leave re-credited (a)

Where an employee is not fit for work during a period of annual leave due to personal illness or injury, the annual leave entitlement may be re-credited subject to the employee notifying CBA of their absence as soon as is reasonably practical and producing a medical certificate or statutory declaration; that properly describes the nature of their illness/injury and its duration.

(b)

Where a carer’s leave situation arises during annual leave, the annual leave entitlement may be re-credited subject to:(i)

the employee’s maximum carer's leave entitlement;

(ii)

the employee notifying CBA immediately that they are taking carer’s leave; and 25

(iii) 14.5

14.6

the employee producing evidence to the satisfaction of CBA that it was necessary for them to take carer’s leave.

Annual leave loading (a)

Annual leave loading of 17.5% of the employee’s Base Rate of Pay for the period of annual leave will apply.

(b)

This loading will be subject to a maximum payment of an amount equal to average weekly earnings of employees as disclosed by the Australian Bureau of Statistics for the September quarter immediately preceding January of the year in which payment is made.

(c)

Annual leave loading will be calculated on the employee's salary as at 1 January of the year in which payment is to be made and in the absence of earlier payment will be payable in the last pay of November each year.

(d)

Proportionate annual leave loading will be paid to an employee with at least one month but less than twelve months continuous service in the previous calendar year.

Cashing out annual leave CBA and an employee may agree to cash-out annual leave which an employee has accrued on the following basis:

14.7

(a)

paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and

(b)

each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between CBA and the employee; and

(c)

the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone including annual leave loading, unless the annual leave loading has already been paid for that years entitlement.

Payment on termination of employment (a)

On cessation of employment for any reason an employee is entitled to be paid for any accrued but untaken annual leave.

(b)

However, annual leave will not be paid out on termination where: (i)

immediately upon termination, the employee commences employment with another CBA Group company; and

(ii)

the other CBA Group company informs the employee in writing that it will recognise the employee’s annual leave entitlements with CBA.

15

Personal & Carer’s leave

15.1

Minimum entitlement An employee will be entitled to personal/carer's leave in accordance with the Act. These entitlements can be summarised as follows: (a)

for each year of service an employee will be entitled to 10 days paid personal/carers leave accrued progressively throughout the year of service;

(b)

personal (sick) leave will be payable at the employee's ordinary rates upon production of a medical certificate or statutory declaration. Provided that: 26

15.2

(i)

an employee will not be required to produce a medical certificate for absences of two consecutive working days or less;

(ii)

where a pattern of frequent absences occur or there is reasonable doubt as to the genuineness of the illness or injury, CBA may require the employee to produce medical certificates for such absences for the ensuing year.

(c)

carer's leave payable at the employees ordinary rates (up to a maximum of 10 days per annum) upon production of a medical certificate or statutory declaration;

(d)

up to 2 days unpaid carer’s leave per occasion upon production of a medical certificate or statutory declaration; and

(e)

up to 3 days paid compassionate leave at ordinary rates on each permissible occasion.

Additional personal leave Where an employee has been employed by CBA for at least 12 months or was employed by CBA upon the commencement of the Commonwealth Bank Enterprise Agreement 2010, the employee shall be entitled to additional personal (sick) leave once they have exhausted their accrued personal/carer’s leave on the following basis:(a)

subject to this clause, employees will be entitled to continuation of their ordinary rate of pay whilst absent from work on account of personal illness or injury unless worker’s compensation is payable;

(b)

CBA will continue to pay the employee during such periods of personal illness or injury until such time as CBA reasonably considers that return to work to the employee’s pre personal leave position within a reasonable timeframe will be unlikely;

(c)

in order to qualify for additional personal leave under this clause 15.2 an employee must:

(d) 15.3

(i)

where required by CBA, provide evidence, including a medical certificate from a doctor, to the reasonable satisfaction of CBA as to the nature and genuineness of the illness or injury;

(ii)

properly participate in an appropriate return to work programme where required by CBA; and

(iii)

participate in an examination by an independent medical practitioner at CBA’s expense where directed by CBA.

any decision to stop paying additional sick leave to an employee is within the complete discretion of the employee’s Manager Twice Removed or higher.

Moving day Subject to operational and business convenience, an employee shall be entitled to take 1 day of paid leave for the purpose of transferring his or her household furniture from one residence to another.

16

Parental leave

16.1

Purpose (a)

Full-time and part-time employees are entitled to Parental Leave in accordance with this clause. 27

(b) 16.2

Parental Leave is for the purposes of providing care for a newborn baby or for a newly adopted child up to 5 years of age.

Definitions For the purpose of this clause 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 child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months of more.

16.3

16.4

Primary Care Giver (a)

A primary care giver is entitled to parental leave of up to 52 weeks.

(b)

This can consist of a combination of: (i)

a maximum of 12 weeks continuous paid Parental Leave (where the employee has had 12 months' continuous service with CBA). This must include the 6 weeks' compulsory post-natal leave;

(ii)

6 weeks' compulsory post-natal leave (this can be taken as part of 12 weeks' paid leave if eligible);

(iii)

annual leave;

(iv)

long service leave;

(v)

unpaid Parental Leave; and

(vi)

paid sick leave credits accrued at 1 April 1998 for employees who were in service at 11 September 1987 and who have been in continuous service since.

(c)

Employees in receipt of paid Parental Leave can choose to take their leave on full pay, half pay or a combination of both.

(d)

12 weeks' paid Parental Leave must be taken in one continuous period, and cannot be split.

(e)

Parental Leave may commence up to 20 weeks prior to the expected date of birth.

(f)

Where an employee wishes to commence Parental Leave earlier than 6 weeks before the expected date of birth, a medical certificate stating that the employee is unable to continue working is required. Should the request be for personal or compassionate reasons, the additional leave will be considered under normal guidelines.

Secondary Care Giver (a)

A secondary carer is entitled to concurrent/simultaneous Parental Leave of up to 3 weeks. This period of leave must be unbroken and commence in the period beginning one week before the expected date of the birth of the child or placement of an adopted/fostered child and up to 2 weeks after the birth or placement.

(b)

This can consist of a combination of: (i)

1 week paid Parental Leave (for employees with more than 12 months' continuous service). This leave must be taken in one continuous period;

(ii)

annual leave; 28

16.5

16.6

16.7

(iii)

long service leave; and

(iv)

2 weeks' unpaid Parental Leave.

General provisions relating to Parental Leave (a)

Employees must provide at least four weeks’ notice to CBA of their intention to commence Parental Leave.

(b)

Paid Parental Leave entitlement is inclusive of public holidays and the leave is not extended by public holidays falling within the period.

(c)

An employee returning to work from a period of unpaid Parental Leave taken as the Primary Care Giver is eligible to receive superannuation contributions at 9% of their Base Rate of Pay (as at the commencement of their unpaid Parental Leave) for up to, but not exceeding 40 weeks (or such other period as determined by CBA) of unpaid Parental Leave, provided that they have been back at work for 6 months (or such other period as determined by CBA)

Right to request – Primary Care Giver (a)

In addition to the initial 52 weeks Parental Leave, a Primary Care Giver may request an extension of Parental Leave of up to a further 52 weeks and a Secondary Care Giver may request an extension of Parental Leave of up to 5 weeks.

(b)

Any extension will be unpaid unless the employee wishes to utilise accumulated leave entitlements.

(c)

Unless CBA otherwise agrees in writing, there must not be any break between the initial Parental Leave and the extension.

(d)

A Primary Care Giver may request to return from a period of Parental Leave on a part-time basis until the child reaches school age, to assist the employee in reconciling work and parental responsibilities.

(e)

All requests must be made in writing and must be based on the employee's parental responsibilities.

(f)

The extension request must be made a no later than 8 weeks prior to the previously agreed return to work date for a primary care giver and 4 weeks for a secondary care giver.

(g)

CBA shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or CBA’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

Extension of leave after return to work Where a return to work occurs within the maximum period, and the early return to work results in domestic difficulties, the employee may recommence Parental Leave (including any extension of that leave). The leave of absence may be recommenced at any time during the maximum previously approved leave period calculated from the commencement date of the Parental Leave, but cannot continue beyond that period.

16.8

Cancellation of Parental Leave (a)

Where a miscarriage occurs in the first 20 weeks of the pregnancy, absences will be dealt with as paid personal illness leave. 29

16.9

(b)

Where a miscarriage occurs in the last 20 weeks of pregnancy, the employee is entitled up to 6 weeks' paid Parental Leave from the date of miscarriage, if requested.

(c)

Where a child is still-born, up to 6 weeks' paid Parental Leave will be approved from the date of delivery, if requested.

(d)

Where a child dies within 6 weeks of birth, the Primary Care Giver is entitled to paid Parental Leave for the balance of the 6 weeks and is also entitled to bereavement leave in accordance with this Agreement.

(e)

Parental Leave in the case of adoption or long term/permanent foster care which has been applied for, but which has not been commenced, will be cancelled should the placement of the child not proceed.

Adoption Specific Conditions (a)

In the case of adoption, Parental Leave can be commenced a maximum of one week prior to the date of the placement of the child.

(b)

Where an employee is already on Parental Leave but placement of the child does not proceed, the employee must notify CBA immediately. A return to duty date, which will not exceed four weeks from receipt of the notification, will then be nominated.

16.10 Variation of period of Parental Leave Unless agreed otherwise between CBA and employee, an employee may apply to CBA to change the period of parental leave on one occasion. Any such change is to be requested at least two weeks prior to the commencement of the changed arrangements. 16.11 Transfer to a safe job (a)

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 will, if CBA deems it practicable, be transferred to a safe job at the employee’s ordinary rate of pay (for the position she was in before the transfer) for the hours that she works in the risk period..

(b)

Where an employee is ill prior to the commencement of her Parental Leave with a condition that is either related or unrelated to her pregnancy then, subject to genuineness and appropriate certification, personal illness will be payable. Where an employee is unfit for work CBA reserves the right to commence her Parental Leave.

16.12 Returning to work after a period of Parental Leave (a)

An employee will notify CBA of his or her intention to return to work after a period of Parental Leave at least four weeks prior to the expiration of the leave.

(b)

An employee will be entitled to the position which he or she held immediately before proceeding on Parental Leave. In the case of an employee transferred to a safe job pursuant to clause 16.11, the employee will be entitled to return to the position they held immediately before such transfer.

(c)

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be placed in comparable employment.

30

16.13 Replacement employees (a)

A replacement employee is an employee specifically engaged, placed on higher duty, or transferred, as a result of an employee proceeding on Parental Leave.

(b)

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

16.14 Part time work With the agreement of CBA, a female employee may work part-time in one or more periods while she is pregnant where part-time work is, because of the pregnancy, necessary or desirable. 17

Long Service Leave

17.1

Employees will be entitled to long service leave for completed years of service on the following basis: Length of service

Long service leave entitlement

at 10 to 20 years of service

6.5 working days for completed year of service.

every

21-35 years of service

8.7 working days for completed year of service.

every

36 or more years of service

6.5 working days for completed year of service.

every

17.2

On retirement, retrenchment or death in service, an employee with at least one year’s continuous service shall be entitled to a lump sum payment based on completed years and months of service.

17.3

Unless otherwise agreed in writing, all employees are required to provide at least 6 months' notice of their intention to take long service leave. Unless an employee provides this minimum period of notice, he/she may not be entitled to take long service leave.

17.4

Taking of long service leave will be subject to the business needs of CBA and subject to approval by each employee’s Manager. The minimum long service leave absence that employees may take is 2 weeks.

17.5

Where the period of an employee’s long service leave is 26 weeks or less, the employee will return to their former position on their return from long service leave, unless their position ceases to exist for reasons of redundancy.

17.6

Where long service leave taken is in excess of 26 weeks, the employee will return to their former position on their return from long service leave unless CBA considers it necessary for the position to be permanently filled. In these circumstances, the employee will be informed prior to commencing on long service leave if the position will need to be permanently filled.

17.7

Long service leave absences will be paid at ordinary rates of pay.

31

18

Public holidays

18.1

Observation of public holidays The following days are public holidays:

18.2

(a)

New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, ANZAC Day, Queen’s Birthday holiday, Christmas Day and Boxing Day;

(b)

The following days, as prescribed in the relevant States, Territories and localities: are public holidays: Eight Hours’ Day or Labour Day; and

(c)

In addition to the public holidays prescribed the following days will be observed as local holidays where prescribed in the relevant State or Territory: (i)

New South Wales and Australian Capital Territory: August Bank Holiday.

(ii)

Victoria:

Melbourne Cup Day;

(iii)

Queensland:

Brisbane Royal National Show Day;

(iv)

South Australia:

Adelaide Cup Day;

(v)

Western Australia:

Foundation Day;

(vi)

Northern Territory:

Picnic Day.

(d)

Where a day is legislated, declared, proclaimed, gazetted or otherwise prescribed in a State, Territory or locality within a State or Territory in substitution for any of the days specified in 18(a), (b) and (c), such day will be the holiday for the purposes of this Agreement in lieu of the day specified.

(e)

Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in this clause 18.1 those days will constitute additional holidays for the purpose of this Agreement.

(f)

An employee serving in country locations who, over a twelve month period to 31 December, receives less than the number of public holidays for the capital city of the State concerned, will be entitled to compensatory leave to make up the difference.

Working on a public holiday and local holiday (a)

When CBA is rostering employees to work on a public holiday, it will first call for volunteers from suitably qualified and located employees. However, if sufficient employees do not volunteer, CBA may request employees to work on a public holiday.

(b)

An employee who has been requested to work on a public holiday, may refuse the request if:

(c)

(i)

the request is not reasonable; or

(ii)

the refusal is reasonable.

Where an employee works on a public holiday or local holiday, the employee will be paid at double the applicable ordinary rate of pay with a minimum of four hours to be paid. However, by agreement between the employee and CBA the employee may elect to take an additional day’s leave at a time agreed to by CBA and the employee and will be paid at their Base Rate of Pay for time worked on the public holiday. 32

(d)

Where an employee, who is not a shiftworker is required to work on a public holiday which falls on a weekend, the employee shall be paid or take an additional day’s leave in accordance with this clause.

(e)

Payment or time in lieu for employees who are five day shiftworkers or seven day shiftworkers for public holidays is dealt with in clause 13.8.

19

Military Leave

19.1

CBA will grant an employee who is a member of the Australian Defence Reserve Forces up to a maximum of 20 working days’ paid leave for the purpose of attending parades, camps or schools of instruction. CBA will deduct from the employee’s salary an amount equivalent to the amount of ordinary reserve pay (excluding allowances) received for the days which the employee would otherwise have been performing CBA duties.

19.2

All applications for leave will be supported by a certificate from the relevant military authority

19.3

Nothing in this clause 19 is intended to detract from an employee’s rights under the Defence Reserve Service (Protection) Act.

20

Community service leave (a)

Employees will receive community service leave (including jury service leave and voluntary emergency management activities leave) in accordance with the NES (or any legislation amending or replacing the NES).

(b)

In respect of jury service leave, CBA will reimburse employees (other than casual employees) the difference between the amount paid to the employee in respect of jury duty and the employee’s Ordinary Rate of pay during the period of leave up to a maximum of 20 days for any one period of jury service.

21

Termination of employment

21.1

Notice of termination by CBA (a)

In order to terminate the employment of a part time or full time employee CBA must give to the employee the following period of notice: Period of continuous service

Period of notice*

Not more than 1 year

1 week

More than 1 year but not more than 3 2 weeks years More than 3 years but not more than 5 3 weeks years More than 5 years

4 weeks

*The period of notice will be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with CBA at the end of the day the notice is given. (b)

CBA may elect to make a payment to the employee, in lieu of all or part of the notice period.

(c)

The required amount of payment in lieu of notice must equal or exceed the total of all amounts CBA would have become liable to pay to the employee the full rate of pay for the hours the employee would have worked had the employment continued until the end of the period of notice. That total must be calculated on the basis of: 33

(d)

(e) 21.2

(i)

the employee’s ordinary hours of work (even if not standard hours); and

(ii)

the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties.

The period of notice in this clause does not apply: (i)

in the case of dismissal for serious misconduct;

(ii)

to employees engaged for a specific period of time or for a specific task or tasks; or

(iii)

to casual employees.

The term ―continuous service‖ means service under an unbroken contract of employment with CBA.

Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of CBA, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

21.3

Casual and temporary employees (a)

The employment of a casual employee shall terminate at the end of each engagement without the need for CBA to give notice to the employee or to make any payments to the employee under this clause.

The employment of a temporary employee will terminate at the end of the period of time, task or project (as the case may be) for which they were engaged without the need for CBA to give notice to the employee or to make any payments to the employee under this clause. 21.4

Job search entitlement Where CBA has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employee after consultation with CBA.

22

Redundancy

22.1

Definitions (a)

(b)

Redundancy means a situation where the work being done by an employee (or a substantial portion of it): (i)

is no longer required by CBA to be done;

(ii)

is required to be done at a different location not within reasonable commuting distance; or

(iii)

the role is restructured so that some or all of its duties are split up between other roles.

Comparable employment means a position which is above, at the same classification or one classification lower within CBA, or project work, which is commensurate with the skills and abilities of the employee concerned and which is at the same location or at another location which is within reasonable commuting distance. In the case of a position with a CBA Group Company or with another employer, it is a position no less favourable overall. 34

22.2

(c)

Non comparable employment means the same as ―comparable employment‖ except it is a position, or project work, at more than one classification level lower within CBA.

(d)

Retrenchment means the termination of an employee’s employment by CBA by reason of redundancy.

(e)

Week’s salary means the actual weekly salary paid for working ordinary time together with the value of salary sacrifice amounts, applicable allowances and loadings averaged over the last complete shift or roster cycle but excluding any payments for working outside of ordinary hours such as overtime.

Redundancy and redeployment Where redundancy situations occur, CBA will make reasonable efforts to redeploy the employee concerned. All due consideration will be given by CBA to filling vacant positions with suitably qualified employees whose current positions have been declared redundant. (a)

Subject to clauses 22.1(b), (d) and (e), where an employee’s position is made redundant, CBA may, in its complete discretion: (i)

redeploy the employee to comparable employment within CBA. This may include seconding the employee to a CBA Group Company; or

(ii)

procure an offer of comparable employment with a CBA Group Company; or

(iii)

procure an offer of employment in accordance with clause 22.6; or

(iv)

redeploy the employee to project work for a period of up to twelve months. This may include seconding the employee to a CBA Group Company; or

(v)

redeploy the employee to non comparable employment for up to eight months. This may include seconding the employee to a CBA Group Company; or

(vi)

terminate the employee’s employment by reason of redundancy.

(b)

Where an employee is redeployed they will retain their existing salary, allowances and classification level, unless the employee is redeployed to a higher graded position in which case they will receive the salary and classification level for that position.

(c)

Where an employee is redeployed they will continue to be paid allowances related to his/her former position which thereafter will be of fixed quantum (i.e., not subject to any further adjustment), less the amount of any allowances related to the position newly occupied, unless/until allowances related to the position newly occupied exceed allowances related to the employee’s former position, in which case only those allowances related to the position newly occupied will be paid.

(d)

An employee who is to be redeployed will be provided with the following information in writing: (i)

Location

(ii)

Level/classification

(iii)

Timing of the redeployment

(iv)

Principal duties 35

(v) (e)

Expiration date of the eight month period if relevant.

An employee who is redeployed within CBA to non comparable employment, will be redeployed to comparable employment within eight months of the date of the employee’s former position becoming redundant; provided that (i)

if during the redeployment period CBA comes to the view that there will be no reasonable prospect of redeployment at the conclusion of the redeployment period, then CBA may offer retrenchment terms to the employee;

(ii)

if, at the conclusion of the redeployment period, CBA has not or is unable to place the employee, the employee will be retrenched without loss of entitlement to retrenchment payments calculated to the date service actually ends or the employee may elect to continue employment with CBA in the non-comparable role.

(f)

Where during the term of redeployment to non comparable employment the position becomes redundant, or project work ceases, then the employee may be redeployed once to another non comparable position or project work for a period not exceeding the difference between the term of the first redeployment and eight months, or twelve months in the case of project work. Alternatively, CBA may terminate the employee’s employment on the grounds of redundancy.

(g)

Nothing in this clause 22 is intended to affect the right of CBA to : (i)

make a decision to make a role, position or work redundant; or

(ii)

determine which option it will take under clause 22.2(a);

and any such decisions or determinations are at the complete discretion of CBA. 22.3

Notice (a)

(b)

An employee to be retrenched will be given the maximum practical forewarning of likely retrenchment and the specific retrenchment date provided that he/she will be given minimum written notice of retrenchment as follows: (i)

Employees with less than 25 years' service – 6 weeks' notice

(ii)

Employees with 25 or more years' service - 9 weeks' notice.

Where an employee elects to terminate his/her employment at the commencement of the period of notice, or during the period of notice, or CBA so directs, CBA will pay out the outstanding notice to a maximum of 6 or 9 weeks as appropriate in terms of subclause 22.3(a). In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with CBA until the expiry of the notice, including payment for any remaining period of notice.

(c) 22.4

Severance Pay (a)

An employee, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: (i)

seven weeks' salary for first full year of service, or pro-rata for employees with less than one full year of service;

(ii)

three weeks' salary for each subsequent year of continuous service; and 36

(iii)

22.5

a pro-rated payment for each completed month of service in the final part year of service.

(b)

The maximum payment under this subclause will be 79 weeks' salary.

(c)

An employee who has transferred from full time to part time employment or viceversa will have his/her severance payments for part time work based on hours being worked at the conclusion of each period of part time employment. Calculation will be pro-rata on the full time salary applicable to the level/classification of the employee immediately prior to retrenchment.

(d)

An employee is not entitled to a severance payment under this clause 22.4 if they have: (i)

refused to comply with a direction that they be redeployed under clause 22.2(a)(i);

(ii)

refused an offer of comparable employment with a CBA Group Company under clause 22.2(a)(ii): or

(iii)

refused an offer of comparable employment procured under clause 22.2(a)(iv), (v), or 22.6.

Moving House Where in the opinion of CBA and the FSU it is necessary for an employee who is redeployed or who is retrenched in terms of this clause to move residence, the following arrangements will apply in respect of relocation expenses:

22.6

22.7

22.8

(a)

for an employee redeployed within CBA, CBA will meet the cost of expenses, allowances and other benefits on the same basis applicable to CBA initiated transfers;

(b)

for an employee taking up a position outside CBA, CBA will make a flat payment equivalent to that applicable under clause D2.4 of Schedule D.

Transfer of Employment (a)

Where an employee’s role has been made redundant by reason of a sale, transfer or transmission of business or outsourcing, CBA may procure an offer of comparable employment with the employer to whom the relevant part of the business is being sold, transferred, transmitted or outsourced.

(b)

An employee who does not accept such an offer of employment will not be entitled to any severance payment under clause 22.4.

Job search entitlement (a)

During the period of notice of termination given by the employer in accordance with 22.3, an employee will be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b)

If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee will, at the request of CBA, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

Additional benefits (a)

An employee who has attained the age of 55 years as at the date of retrenchment will be entitled to those continuing benefits applicable to retired employees of CBA. 37

(b)

(c)

22.9

An employee who has not attained the age of 55 years as at the date of retrenchment will be entitled to (i)

retain his/her existing housing loan on concessional employee terms for a period of nine months from the date of retrenchment. At the conclusion of this period, the loan will be refinanced without CBA charges and fees at CBA’s most favourable customer rate for new loans;

(ii)

retain any other loans, including MasterCard and VISA, on concessional employees’ terms for a period of nine months from the date of retrenchment; and

(iii)

exemption from all CBA fees and charges for a period of nine months from the date of retrenchment.

CBA will establish appropriate counselling and information procedures and make these available to retrenched employees without charge. Such procedures will provide for employees to be advised of: (i)

the sums of money the employee will receive by way of severance payments, pay in lieu of notice and leave credits;

(ii)

entitlements and options under the relevant superannuation fund;

(iii)

alternative investment strategies which may be provided by way of access to CBA pre-retirement seminars.

Employees exempted This clause does not apply to: (a)

employees terminated as a consequence of serious misconduct that justifies dismissal without notice;

(b)

probationary employees;

(c)

employees engaged for a specific period of time or for a specified task or tasks; or

(d)

casual employees.

23

Allowances

23.1

Rate of Allowance

23.2

(a)

The rates for the allowances payable under this clause are set out in schedule D.

(b)

Preserved allowances are set out in schedule C item 5.

Meal Allowance (a)

(b)

A meal allowance will be paid to an employee who works: (i)

overtime and in excess of 9½ hours (excluding meal breaks) on any day/shift; or

(ii)

overtime and in excess of 5½ hours on a weekend or public holiday.

A further meal allowance payment will become due for each additional period of 5½ hours.

38

23.3

On-call Allowances (a)

(b)

23.4

23.5

23.6

On-call (i)

An employee rostered by CBA to hold himself or herself in readiness to perform work outside his or her scheduled hours (such as work associated with automatic telling machines) will be paid an call allowance.

(ii)

In the event of half-day local public holidays, on-call allowances payable shall be the amounts applicable under the appropriate time categories for weekend and public holiday work.

In contact (i)

A specifically identified employee in a specialist role (such as monitoring the Computer Alarm System) who because of his or her expertise agrees to be available for emergency out of hours telephone contact should the need arise will be paid an in contact allowance.

(ii)

Overtime may be claimed for such telephone calls which continue for fifteen minutes or longer.

Skill Utilisation Loading (a)

An employee within general classification grades GC1, GC2 or GC3 who acquires the skills necessary to undertake duties at the next highest classification, on a fully competent and sustainable basis, will be paid a loading based on 25 % of the difference between base to base rates.

(b)

This arrangement takes the place of all formal higher duty arrangements within the general classification grades and all employees of that status may be requested to perform any functions within the general classification ranks on a flexible basis, to suit CBA's operational needs.

Relieving Allowance (a)

An annual relieving allowance will be paid to an employee while serving as a member of a recognised relieving staff and who is carrying out relieving duties.

(b)

An employee who is not a member of a recognised relieving staff but is required to perform a relief away from his or her normal workplace for eight or more consecutive weeks will be entitled to payment of a pro rata allowance for the time of the relief.

First Aid Allowance (a)

A full time employee who has been appointed by CBA to carry out the duties of a first aid attendant and who is the holder of current first aid qualifications from an accredited association (such as St John Ambulance or Red Cross), will be paid a first aid allowance.

(b)

First aid allowance will be paid to an employee only while he or she is the appointed first aid attendant at a particular workplace (including an employee appointed as a relief first aid attendant). The payment will cease when the employee is no longer the appointed first aid attendant.

(c)

First aid allowance will continue to be paid during annual leave or other paid absences for a period of no longer than four weeks.

39

23.7

23.8

Interpreter Allowance (a)

An employee required to use skills in a language other than English in the course of his or her daily duties will be entitled to payment of the interpreter allowance for that week.

(b)

Payment of interpreter allowance in any one week will be subject to the employee using his or her linguistic skills for a minimum of 5 hours in that week. This requirement will be reduced by one hour for each day’s absence on an RDO, paid Personal Illness/Carers Leave, paid special leave or public/bank holiday.

(c)

Payment of interpreter allowance will continue during annual leave where an employee was entitled to receive the allowance on a regular basis throughout the year.

District Allowance (a)

District Allowance is a range of amounts agreed between the parties from time to time and payable to employees serving at particular locations having regard to prevailing climatic conditions, cost of living, local amenities, isolation and any other special features.

(b)

An employee serving at a location which would entitle the employee to payment of district allowance will be paid the relevant district allowance.

(c)

An employee serving at a Group 5, 6 or 7 location will be entitled to electricity costs assistance except where the employee resides with his or her parents or is in accommodation where electricity costs are paid by CBA.

(d)

The Districts which attract the allowance under this clause will be agreed between CBA and the FSU from time to time and identified and recorded in CBA’s policies. A hard copy of the agreed list of districts shall be available to all employees on request at each place of work.

(e)

A PTE is entitled under this clause to a payment pro rata the entitlement of a Fulltime Employee.

(f)

District Allowance Review i. Within three months of the commencement of this Agreement the CBA will, in consultation with the FSU, develop a project plan for a review of the benefits provided to employees working in locations which may be considered to be eligible for payment of District Allowance. The review will include, but not be limited to: 1. an examination of existing over-Agreement payments made to employees; and 2. an examination of accommodation benefits provided by CBA. ii. The aim of the review will be to identify any changes to payments and benefits provided by CBA which should reasonably be made. iii. Matters considered in deciding on the reasonableness of changes will include but not be limited to: 1. the cost of changes; 2. equity of treatment between employees; 3. CBA’s remuneration and employee attraction/retention strategies. iv. The FSU will be involved as a partner in the project and will be fully consulted regarding recommendations. However final decisions on changes to employees’ benefits will solely be made by CBA. The FSU 40

representatives will maintain the confidentiality of any employee entitlement information to which they become privy as part of the review. v. It is intended that the review will be completed by 30 June 2012. Any changes to employee benefits will be introduced administratively by CBA. Administrative changes will not reduce an employee’s entitlement under this Agreement. 23.9

Car Allowance (a)

When an employee is authorised by CBA to use his or her own car on CBA business he or she will be paid one of the car allowance rates prescribed in clause D2.2.1 of Schedule D. Car allowance covers all costs including "wear and tear" and the employee carries all risks (including third party).

(b)

Employees entitled under this Agreement to payment of car allowance for driving their car to and from work, will be entitled to the relevant car allowance rates prescribed in clause D2.2.2 of Schedule D.

(c)

An employee authorised to use his or her personal vehicle during a public transport stoppage will be reimbursed at the basic rate prescribed in clause D2.2.1 of Schedule D.

(d)

Where branch cars are used by employees privately (with the exception of homebranch-home travel), the estimated cost is to be reimbursed by the employees.

23.10 Transferred Staff – Travelling, Removal and Transfer Expenses The following entitlements apply to an employee transferred by CBA to a location requiring a permanent change of residence. (a)

Travelling expenses

CBA will meet actual and reasonable travelling expenses for an employee and his or her dependent family members applicable to the journey to the new location. This will include taxi, porterage, meals, accommodation or economy class air fares or other means of public transport (including sleeping accommodation where appropriate). Car allowance at the Basic Rate specified in clause D2.2.1 of Schedule D may be claimed if travel is by car. (b)

Removal expenses

Reimbursement of all reasonable costs associated with removal of furniture and effects to the new place of residence. (c)

Temporary accommodation expenses

CBA will reimburse an employee any reasonable living expenses associated with temporary accommodation required pending the availability of transit accommodation, the arrival of furniture and effects, or acquisition of, or access to, a permanent residence. Where the period of such temporary accommodation exceeds seven days, an employee will contribute normal living expenses (d)

Transfer expenses

The payments prescribed in clause D2.4 of Schedule D will be made upon an employee taking up residence. When an employee is setting up home for the first time, no allowance will be payable. An employee required to change CBA provided accommodation in the same town will be entitled to payment of 35% of the relevant amount. (e)

Time off duty 41

Employees will be entitled to time off duty necessary to travel to the new location and for packing/unpacking. Packing/unpacking leave will be three days for an employee with a spouse and/or dependent children and two days for a single employee. Employees will also be entitled to one day special orientation leave to be taken within one month of taking up duty. 24

Preserved conditions (a)

The provisions set out in Schedule C apply (in accordance with their terms) to employees engaged by CBA and covered by this Agreement.

(b)

Where applicable, the terms of this Agreement operate subject to Schedule C.

25

Consultation regarding major workplace change

25.1

CBA to notify

25.2

26

(a)

Where CBA has made a decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees covered by this Agreement, CBA must notify and consult with the FSU and the employees who may be affected by the proposed changes.

(b)

Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs.

CBA to discuss change (a)

CBA must discuss with the FSU and the employees affected, the introduction of the changes referred to in clause 25.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give genuine consideration to matters raised by the employees and/or the FSU in relations to the proposed changes.

(b)

The discussions must commence as early as practicable after the decision has been made by CBA to make the changes referred to in clause 25.1. These discussions will provide an opportunity to influence how the decision is implemented.

(c)

For the purposes of such discussion, CBA must provide in writing to the FSU and the employees concerned, sufficient reasonable information to enable effective consultation regarding the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that CBA is not required to disclose commercially sensitive information to employees.

(d)

Commercial confidentiality will be respected by both CBA and the FSU. The FSU commits to non-disclosure of information that is provided to it as commercial in confidence. CBA is not required to disclose information to the FSU, the disclosure of which would be contrary to law.

Dispute settlement procedure (a)

This clause applies to disputes arising about: (i)

this Agreement,

(ii)

the National Employment Standards as prescribed by the Act.

42

(b)

The parties to a dispute must genuinely attempt to resolve the dispute at the workplace level. This would usually require an affected employee discussing the matter in dispute with their manager.

(c)

Where the dispute cannot be resolved at the workplace level, the employee should raise the issue with their manager once removed.

(d)

Where the dispute cannot be resolved with the employee’s manager once removed, the employee should raise the issue with their manager twice removed.

(e)

If the dispute cannot be resolved at the workplace level or it is not practicable to genuinely resolve the dispute at the workplace level, a party or their representative may refer the dispute to Fair Work Australia for conciliation.

(f)

Employees are entitled to be represented by their union at any stage of the process and may contact the FSU office or workplace FSU representative for representation at any stage of the procedure. CBA shall recognise the representative for all purposes involved with resolution of the dispute.

(g)

Except as provided for in clause 26(j), FWA can make a recommendation in relation to the matter being dealt with in the dispute and such recommendation will be binding upon the parties. The parties will, however, not be bound to follow recommendations of FWA which have a general application.

(h)

The parties to the dispute and their representatives must act in good faith in relation to the dispute.

(i)

Whilst the dispute is being resolved, work arrangements will be maintained unless a change in work arrangements is required for a pressing operational necessity. However, once the pressing operational necessity ceases, the employee will revert to their previous working arrangements until the dispute is resolved.

(j)

Clause 26(g) does not apply to clause 7.5(d), clause 9.4, clause 9.5, clause 9.6, clause 12.7, clause 15.2 or clause 25 or to the right of CBA to. (i)

make a decision to make a role, position or work redundant; or

(ii)

determine which option it will take under clause 22.2(a).

27

Union Relationship

27.1

FSU Workplace Representatives To facilitate a consultative and co-operative approach to employee relations within the workplace, staff who have been duly appointed as FSU Workplace Representatives by the FSU Local Executive will be allowed, subject to the operational needs of the business (including the Branch or part of business in which the FSU Workplace Representative works), reasonable and sufficient time and access to existing facilities at the workplace during working hours to enable them to attend to their duties as Workplace Representative as provided in the FSU Rules.

27.2

Trade Union Training Leave Requests for leave on full pay from an employee nominated by the FSU to attend recognised Trade Union Training courses will be approved by CBA subject to the following provisions: (a)

―Approved‖ courses include those conducted by or under the auspices of the FSU or an organisation with which the FSU is affiliated.

43

27.3

27.4

(b)

The application to CBA must be in writing, include the nature, content and duration of the course to be attended, and normally be provided with 14 days notice of the proposed training.

(c)

The granting of leave pursuant to this clause shall be subject to CBA being able to make adequate staffing arrangements amongst current employees, in the Branch or part of the business in which the relevant employee works, during the period of such leave.

(d)

Leave of absence granted pursuant to this clause, shall count as service for all purposes of this Agreement.

(e)

All expenses associated with attending a training course as provided in this clause shall be the responsibility of the FSU.

Industrial leave (a)

Where an FSU member holds an honorary official position in the FSU, CBA understands that there may be additional duties which may include attendance as FSU conferences, Enterprise Council or Executive Committee meetings. Reasonable additional leave on full pay will be made available for anyone who holds an honorary official position provided it can be accommodated by CBA taking into account the number of honorary officials employed by CBA relative to the size of CBA’s workforce in the relevant state. Employees who are also honorary officials shall notify their immediate manager of their requirement to conduct additional FSU duties when the need for such leave arises.

(b)

The FSU will provide written notification annually to CBA advising of which FSU members hold honorary positions and the potential extent of time required to carry out their duties.

(c)

Leave of absence granted pursuant to this clause, shall count as service for all purposes of this Agreement.

(d)

For the purposes of this clause honorary official positions in the FSU are: (i)

Local Enterprise Council Delegate

(ii)

Local Executive Delegate

(iii)

National Enterprise Delegate

(iv)

National Executive Delegate

(v)

Deputy National Executive Delegate

(vi)

Conference Delegate

Cap on leave CBA as a whole (all business units of CBA) will provide not more than a total of 500 days per annum paid leave for absences granted under this clause 27.

28

Transition to Retirement a)

Employees who have indicated their intention to retire from CBA may request that CBA agree to a retirement transition arrangement. System changes to allow for such arrangements will be introduced during the life of this Agreement. The decision to grant such a request will not be unreasonably refused.

b)

As part of a retirement transition arrangement an employee may request to utlise existing flexible working practices, including but not limited to job sharing 44

arrangements and a reduction in working hours. In addition an employee may request to use either of the following options;

c)

(i)

use accrued Long Service Leave for the purpose of reducing the employee’s working hours whilst retaining their previous type of employment as provided by clause 7.1 and span of hours as provided by clause 12.1; or

(ii)

request to be appointed to a role lower in grade or base rate of pay (posttransition role). In this type of arrangement, the employee would retain the base rate of pay from their pre-transition role for the purposes of calculating their Long Service Leave. However, if the employee’s base rate of pay in the post-transition role over time exceeds the base rate of pay of the pre-transition role, the higher base rate of pay shall be used to calculate pay for LSL purposes.

The maximum duration of any retirement transition arrangement will be two years, unless otherwise agreed between CBA and the employee.

45

Schedule A Classifications The following classification descriptors identify various characteristics of work at each of CBA grades. As the grades ascend, the classification descriptors reflect that the nature of the work generally becomes more complex and the exercise of discretion in how work is performed expands. For all roles the person must work as a member of a team contributing to the work of other team members.

1

Grade: GC1

In this grade: Accountability and Authority

An employee is accountable for the work of the role as a member of a team and to demonstrate expected team behaviours as required by CBA.

Knowledge Experience

Tasks are very routine and repetitive and require basic operational knowledge of standard procedures.

and

Roles can entail basic service or operational work. Numeracy and literacy requirements must be met for entry to the role, but no previous experience and little training is necessary. Problem Solving

Very limited discretion is involved though there may be some very limited choice from standard procedures and solutions.

Guidance Feedback

and

Close supervision is generally a feature (e.g. usually several times a day).

People Required

Skills

Ordinary courtesy and effective day to day communication with the supervisor and the rest of the team is required.

Scope/Impact

2

An understanding is required of how the role fits in with the immediate team.

Grade: GC2

In this grade: Accountability and Authority Knowledge Experience

and

An employee is accountable for the work of the role as a member of a team and to demonstrate expected team behaviours as defined in Bank policy. Roles are routine and repetitive. A wider operational knowledge of standard procedures than at GC1 is required. A basic understanding of products and services may be required. Roles may include basic customer service or support or operational work. Some experience may be required for entry to a role. As a guide, up to 2 months may be required to acquire the 46

necessary knowledge for the role. Problem Solving

Limited discretion is involved and there are limited choices from standard procedures and solutions.

Guidance Feedback

and

Supervision is direct but less frequent than for a GC1 (usually at least daily).

People Required

Skills

Ordinary courtesy and effective day to day communication with the supervisor and the rest of the team is required. May require basic courtesy and tact in dealing with customers but not sales or influencing skills. Some on the job (side by side) only training of other team members in job procedures or equipment use may be required.

Scope/Impact

An understanding is required of the function of the immediate team and how it relates to the work unit. The work of the role has some influence on team outcomes. There are no budget accountabilities.

3

Grade: GC3

In this grade: Accountability and Authority Knowledge Experience

An employee is accountable for the work of the role as a member of a team and to demonstrate expected team behaviours as required by CBA. and

Roles require demonstrable operational knowledge of a range of work routines, policies and procedures, some of which will be used infrequently. Basic knowledge of products and services may be required. Roles may include customer service and basic sales, or support or operational work. Experience in some aspects of the work is usually required for entry to a role. As a guide, up to 3 months may be required to acquire the necessary knowledge for the role.

Problem Solving

There is some limited discretion and wider choices than at GC2 from standard procedures and solutions

Guidance Feedback

and

Supervision is direct but less frequent than for GC1 and GC2 (daily or several times a week).

People Required

Skills

Effective communication with the supervisor, rest of the team and customers is required. May require basic sales skills. Some on the job (side by side) only training of other team members may be required.

Scope/Impact

An understanding is required of the functions of the team and the immediate work unit. 47

The work of the role has some influence on team outcomes. There are no budget accountabilities.

4

Grade: GC4

In this grade: Accountability and An employee is accountable for their own work as a member Authority of a team. If role is a work group leader (cannot be a supervisor) tasks may include overseeing the work of other team members and some lesser supervisory functions. Knowledge Experience

and

Roles require a good operational knowledge of work routines, policies and procedures. May act as an information point of reference for other team members. A good operational knowledge of products and services is required. A wide variety of roles may be encompassed including customer service, sales, support or operational work. Experience in some aspects of the work is usually required for entry to a role. As a guide, around 4 – 6 months may be required to acquire the necessary knowledge for the role.

Problem Solving

Guidance Feedback

and

People Required

Skills

There is more discretion than at lower levels but problems are mostly familiar. Where unusual problems arise reference to or advice from others at higher grades may be required. Supervision is direct and periodic and is less frequent than for a GC3. Effective communication with the supervisor, rest of team and customers is required. May require sales or influencing skills. If work group leader tasks are part of the role, skills in assigning and reviewing work (but not performance appraisal) are required. Some on the job training of other team members may be required.

Scope/Impact

An understanding is required of the function of the team and the work unit. The work of the role has some influence on the team. Work may involve some input into setting budgets for the work team.

5

Grade: AMA

In this grade: Accountability

An employee is accountable for their own work as a member of 48

and Authority

a team. Roles may entail supervisory or team leader authorities and accountabilities.

Knowledge Experience

and

A very good operational knowledge of policies and procedures applicable in the team is required. A general working knowledge of complex products and services may be required. A wide variety of roles may be encompassed including customer service and sales, basic technical advice/research support work. Reasonable experience in similar work is usually required for entry to a role. As a guide, up to 6 months may be required to acquire the necessary knowledge for the role.

Problem Solving

Similarity of problems is encountered with resolution possible from a small range of options or by applying acquired knowledge. Work can require recognition of unusual issues needing expert advice.

Guidance Feedback

and

People Skills

Direct and periodic supervision (e.g. every few days to weekly) applies. Interpersonal communication and influencing skills are of some importance. Skills in assigning and reviewing work and performance appraisal recommendations may be required.

Required Scope/Impact

Work requires an understanding of the functions of the work unit. Roles do not have budgetary control but may have some input into setting budgets for the work team. Roles may include management of a small portfolio of very low complexity business.

6

Grade: AMB

In this grade: Managerial Accountability and Authority Knowledge Experience

An employee is able to exercise the full range of minimum managerial authorities and accountabilities as required by CBA Roles may involve leading and managing a small team. and

An understanding of a range of moderately complex policies and procedures is required. A sound working knowledge of more complex products and services may be required A wide variety of roles may be encompassed including customer service and sales, basic to intermediate technical advice/ research 49

support work Reasonable experience in similar work is usually required for entry to a role. As a guide, in excess of 6 months may be required to acquire the necessary knowledge for the role. Problem Solving

Work involves addressing a wider range of problems than at lower grades with more freedom to think. Solutions to problems can be available from procedural guidelines or precedents. Roles involve analysing aspects of a system or process in order to anticipate and address operating problems or recommend improvement opportunities to higher levels for decision.

Guidance Feedback

and

Roles are generally subject to guidelines and more limited and indirect supervision, but with ready access to expert advice. Roles may have some discretion to vary from established procedures and to plan own work and the work priorities of others.

People Required

Skills

Interpersonal communication increased importance.

and

influencing

skills

are

of

A range of people management skills (e.g. performance management and appraisal, coaching and development) are required if role is team leader/manager. Scope/Impact

Work requires an understanding of the functions of the business unit Roles may be accountable for a pre-set budget. Roles may manage a small portfolio of low complexity business.

7

Grade: AMC

In this grade: Managerial Accountability and Authority Knowledge Experience

An employee is able to exercise the full range of minimum managerial authorities and accountabilities as required by CBA. Roles may involve leading and managing a small team. and

A good understanding of a range of moderately complex policies and procedures is required. A sound working knowledge of more complex products and services may be required. A wide variety of roles may be encompassed including specialised sales, service and advice, intermediate technical advice/ research support work. Significant experience in similar work is usually required for entry to a role. As a guide, in excess of 6 months may be required to acquire 50

the necessary knowledge for the role. Problem Solving

Work involves addressing a wider range of problems than at lower grades with more freedom to think. Solutions to problems can be available from procedural guidelines or precedents. Roles involve analysing aspects of a system or process in order to anticipate and address operating problems or recommend improvement opportunities to higher levels for decision.

Guidance Feedback

and

Roles are generally subject to guidelines and more limited and indirect supervision but with ready access to expert advice. Roles may have some discretion to vary from standard procedures and to plan own work and the work priorities of others.

People Required

Skills

Interpersonal communication and influencing skills continue to rise in importance. A range of people management skills (e.g. performance management and appraisal, coaching and development) will be required if role is team leader/manager.

Scope/Impact

Work requires a developed understanding of the functions of the business unit. Roles are likely to be accountable for a pre-set budget and may have input into its formulation. Roles may entail managing a small portfolio of generally low to moderate complexity business.

8

Grade: AMD

In this grade: Managerial Accountability and Authority

An employee is able to exercise the full range of minimum managerial accountabilities and authorities as required by CBA. Roles may involve leading and managing a moderately sized team.

Knowledge Experience

and

A developed understanding of a range of complex policies and procedures is required. An advanced working knowledge of more complex products and services may be required. A wide variety of roles is encompassed including relatively specialised and complex sales, service and advice, high intermediate technical advice/ research support work. Significant experience in similar work is required for entry to a role. As a guide, in excess of 6 months may be required to acquire the necessary knowledge for the role.

Problem Solving lower

Work involves addressing a wider range of problems than at grades with more freedom to think. 51

Solutions to problems can be available from procedural guidelines or precedents. Roles involve analysing aspects of a system or process in order to anticipate and address operating problems or recommend improvement opportunities, generally for decision at higher levels. Guidance Feedback

and

Roles are generally subject to guidelines and more limited and indirect supervision, but with ready access to expert advice. Roles may have more discretion to vary from established procedures and to plan own work and the work priorities of others.

People Required

Skills

Interpersonal communication and influencing skills need to be well developed Negotiation skills and a range of people management skills (e.g. performance management and appraisal, coaching and development) will be required if role is team leader/manager.

Scope/Impact

Work requires a deeper understanding of the business unit. Roles are likely to be accountable for a pre-set budget and may have input into its formulation. Roles may entail managing a small portfolio of generally moderate complexity business.

9

Grade: MA

In this grade: Managerial Accountability and Authority

Knowledge Experience

An employee is able to exercise the full range of minimum managerial accountabilities and authorities as required by CBA. Roles may involve leading and managing a moderately sized team either directly or through subordinate managers or supervisors. and

A moderately advanced technical or theoretical knowledge is generally required. A sound working knowledge may be required of highly complex products and services. A significant variety of roles may be encompassed including highly specialised and complex sales, service and advice, or intermediate to advanced technical/advice/research support work. Substantial experience and/or a formal professional or tertiary qualification is likely to be required for entry to a role.

Problem Solving

Work involves addressing diverse problems and requires a higher degree of freedom to think. Solutions to problems are not always available from procedural or policy guidelines or precedents. Roles involve analysing a wide range of data within several systems or processes to anticipate and address problems or improvement opportunities

Guidance

and

Work is substantially diversified with significant discretion to 52

Feedback

People Required

plan own work and the work priorities of others and to vary from established procedures and precedents, but with expert advice available. Skills

Sound interpersonal communication and influencing skills must be demonstrated. Effective negotiation abilities and a range of people management skills (e.g. performance management and appraisal, coaching and development) are likely to be required.

Scope/Impact

Work requires a sound understanding of the business unit. Roles can manage a moderately sized pre-set budget and may have input into its formulation. Roles may entail managing a medium portfolio of moderately complex business.

10

Grade: MB

In this grade: Managerial Accountability and Authority

Knowledge Experience

An employee is able to exercise the full range of minimum managerial accountabilities and authorities as required by CBA. Roles may involve leading and managing a medium to large team either directly or through subordinate managers or supervisors. and

An advanced technical or theoretical knowledge is required. A sound working knowledge of highly complex products and services may be required. A significant variety of roles may be encompassed including highly specialised, complex, and often tailored, sales, service and advice, or high intermediate to advanced technical/advice/research support work. Substantial experience and/or a formal professional or tertiary qualification is likely to be required for entry to a role.

Problem Solving

Work involves addressing diverse problems and requires a high degree of freedom to think. Solutions to problems are not always available from procedural or policy guidelines or precedents. Roles involve analysing a wide range of data within several systems or processes to anticipate and address problems or improvement opportunities. This analysis may sometimes need to take account of external variables.

Guidance Feedback

and

While the aims of roles are clearly set out, occupants are expected to exercise their discretion as to the methods required to achieve them within CBA’s guidelines.

People Required

Skills

Advanced interpersonal communication and influencing skills must be demonstrated.

53

Effective negotiation abilities are regularly required. A range of people management skills (e.g. performance management and appraisal, coaching and development) are likely to be required. Scope/Impact

Work requires a detailed understanding of the business unit and some understanding of the Group. Roles can manage a medium sized pre-set budget with input into its formulation. Roles may entail managing a medium to large portfolio of medium to high complexity business.

11

Grade: MC

In this grade: Managerial Accountability and Authority

Knowledge Experience

An employee is able to exercise the full range of minimum managerial accountabilities and authorities as required by CBA. Roles may involve leading and managing a medium to large team either directly or through subordinate managers or supervisors. and

More advanced technical and/or theoretical knowledge is required in the relevant knowledge field. A highly developed working knowledge of very complex products and services may be required. A significant variety of roles may be encompassed including significantly specialised, complex and tailored sales service and advice, or advanced technical/advice/research support work. Substantial experience and/or a formal professional or tertiary qualification is likely to be required for entry to a role.

Problem Solving

Work involves addressing diverse problems and requires a high degree of freedom to think. Solutions to problems are not always available from procedural or policy guidelines or precedents. Roles involve analysing a wide range of data within several systems or processes to anticipate and address problems or improvement opportunities. External variables impinging on those systems or processes must also be taken into account.

Guidance Feedback

and

While the aims of roles are clearly set out, occupants are expected to exercise their discretion as to the methods required to achieve them within CBA’s guidelines.

People Required

Skills

Advanced interpersonal communication and influencing skills are crucial to the role. Significant negotiation abilities are regularly required. A range of people management skills (e.g. performance management and appraisal, coaching and development) are likely to 54

be required. Scope/Impact

Work requires a detailed understanding of the business unit and some understanding of the Group. Roles can manage a medium to large pre-set budget with input into its formulation. Roles may entail managing a large portfolio of complex business

55

Schedule B - Salaries New employees engaged under this Agreement shall be paid the applicable salary rate in column C. Minimum Rates (effective from 1 July 2011)

A 3% + 1% super 2002

B 4% 2002

C 4% 2002

3% + 1% super 2003

3% + 1% super 2003

4% 2003

GC1

$38,770

$39,148

$39,526

GC2

$40,925

$41,323

$41,726

GC3

$43,083

$43,501

$43,921

GC4

$45,235

$45,674

$46,116

AMA

$52,985

$53,497

$54,017

AMB

$56,715

$57,268

$57,824

AMC

$60,644

$61,234

$61,828

AMD

$64,758

$65,386

$66,022

MA

$75,358

$76,088

$76,827

MB

$82,420

$83,221

$84,029

MC

$92,234

$93,130

$94,035

A 3% + 1% super 2002

B 4% 2002

C 4% 2002

3% + 1% super 2003

3% + 1% super 2003

4% 2003

GC1

$39,545

$39,931

$40,317

GC2

$41,744

$42,149

$42,561

GC3

$43,945

$44,371

$44,799

GC4

$46,140

$46,587

$47,038

AMA

$54,045

$54,567

$55,097

GRADE

Minimum Rates (effective from 1 January 2012)

GRADE

56

AMB

$57,849

$58,413

$58,980

AMC

$61,857

$62,459

$63,065

AMD

$66,053

$66,694

$67,342

MA

$76,865

$77,610

$78,364

MB

$84,068

$84,885

$85,710

MC

$94,079

$94,993

$95,916

57

Schedule C – preserved conditions 1

Staff Housing Loans (SHLs)

1.1 CBA and the FSU agree that the following will be features of the SHL Scheme for staff employed prior to 16 May 2001: 1.1.1 Interest Rate Charging Frequency Monthly 1.1.2 Interest Rates (a) No change to existing concessional interest rate structure. (b) All concessional SHL interest rate borrowings will be subject to a base market interest rate of 9% and a ceiling market interest rate of 16%. (c) For Bank initiated transferred staff, 1.5% concession to continue. 1.1.3 SHL Set-Off A/C Minimum balance and transaction to be $1,000. 1.1.4 Additional Loans Subject to CBA home loans criteria. 1.1.5 Eligibility Criteria (i) Intent to occupy. (ii) Repayments not greater than 35% of gross income (joint). (iii) Loan valuation ratio 90%. (iv) Restriction on co-borrower to allow recognised 'spouse' (non sex specific). (v) Current borrowing capacity maintained. 1.1.6 Repayment Adjustments Review annually with effect from 1 April. Staff may request a change in repayment amount. 1.1.7 Equity No change to existing arrangements. 1.1.8 Maximum Loan Term Align with CBA home loans. 1.1.9 SHLs for Retirees Subject to meeting the eligibility requirements for SHLs, the following arrangements will apply for staff employed as at 30 June 1996: (i) SHL borrowings taken prior to 1 April 1997 may be retained into retirement for the remainder of the specified term of the loan. (ii) SHL borrowings taken on or after 1 April 1997 and before 1 April 2002 may be retained into retirement for a period equal to the time between the date of approval of the loan and 1 April 2007. The interest rate on any outstanding balance will then continue at customer rates.

58

(iii) SHL borrowings taken on or after 1 April 2002 may be retained into retirement for a period of five years at which time the interest on any outstanding balance will continue at customer rates. (iv) No new or additional loans at concessional rates after retirement. 1.1.10 Retrenchment at less than 55 years old Where an employee is retrenched who has not attained the age of 55 years as at the date of retrenchment has a concessional loan which was originally approved prior to 7 April 1986 the loan will be regarded as "regulated" and will operate as an exception to subclause 22.8(b). 1.3 SHL Closure for new employees Employees who join CBA after 16 May 2001 will not be eligible for a SHL. For the avoidance of doubt, the fact that CBA may recognise an employee’s service with another employer prior to that date does not make that employee eligible for an SHL. 2

Recognition of prior service for Long Service Leave For employees employed prior to 2 April 1998, Prior Government Service as defined by clause 29(b)(i) of the Commonwealth Bank Of Australia Officers Award 1990 will be recognised by CBA for the purposes of Long Service Leave accrual. Former State Bank of Victoria employees with twenty years or more service as at 27 April 1990, which is continuous with CBA service, will continue to accrue long service leave at the rate of 1.733 weeks per annum between twenty and thirty-five years of service and 1.56 weeks per annum between thirty-six and forty-five years of service.

3

Service staff Service staff employed prior to 16 May 2002 in accordance with previous arrangements will continue to receive long service leave increments. This Agreement will apply to Service Staff except for clause 12 Span of Hours and clause 12.3 Overtime.

4

Transitional Wage Supplement Part-time employees in service prior to 28 February 1983 who receiving a transitional wage supplement to a maximum of $1.00 per hour, will continue to receive that supplement in accordance with terms of eligibility for that supplement.

5

Allowances The following allowances apply to employees engaged immediately prior to the commencement of the Commonwealth Bank Enterprise Agreement 2010 on the terms applicable immediately prior to the commencement of that Agreement: (a)

Field Staff Allowance

The field staff allowance prescribed in clause D 1.3 of Schedule D will be paid to an employee who is serving as a member of a recognised field staff group and who is required to spend at least six weeks per year away from home in carrying out his or her duties. (b)

Income Maintenance

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Permanent income maintenance is any income maintenance (whatever its origins) which is not subject to any phase out arrangement. All permanent income maintenance being paid to an employee immediately before the commencement of the Award (13 August 1999) will continue to be paid. From the commencement of the Award all permanent income maintenance payments: will not be increased in line with percentage wage increases; will be reduced on promotion by the amount of the additional wage resulting from the promotion. Where the total wage resulting from the promotion is more than the total of the previous wage plus income maintenance, income maintenance will cease; will not be reduced by shift loadings or allowances. Nothing in this clause will reduce the current amount of income maintenance being paid to any employee. (c)

Inter-sub Travel Allowance (i)

Excess public transport fare reimbursement

Where an employee in attending work in a metropolitan area incurs public transport costs which exceed the normal home-to-city fare, reimbursement of the excess fare will be made where the excess expense is caused by a CBA initiated transfer. This payment will be subject to the minimum employee contribution prescribed in clause D 2.3 of Schedule D. When the transfer was back to a metropolitan area, this clause will only apply when an existing residence in the same city was retained, or an employee is returning to the same city to reside with parents. (ii)

Special car allowance

Special car allowance is payable where an employee must use his or her own car to travel to work, or part of the way to work, as a result of public transport being impracticable because of a CBA initiated transfer. The applicable rate is the ISTA reference rate prescribed in clause D 2.2.2 of Schedule D, less an employee contribution equal to the higher of the normal home to city and return public transport fare or the amount prescribed in clause D 2.3 of Schedule D. Public transport is impracticable when the employee must join the first point of public transport earlier than he or she would if travelling to the city; and travelling time is at least 1.5 hours from that first point. The CBA and an employee may agree to alternative transport arrangements in lieu of the payment of ISTA to more appropriately assist an employee to address the impact of CBA initiated inter-suburban travel. This could include the participation in a car pool or the sharing of taxis. Any agreement between the CBA and an employee will be voluntary and either party will have the freedom to accept or reject an offer of alternative arrangements by the other. Where an offer is rejected the allowance contained in this clause will continue to apply. (d)

Premises Renovation (i)

Dry cleaning allowance

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Where conditions of work deteriorate as a result of renovations, alterations, additions or rebuilding of Bank premises an employee directly affected will be entitled to the dry cleaning allowance set out in clause D 2.6.1 of Schedule D where the parties agree that the conditions warrant such a payment. (ii)

Deteriorated conditions

Where the parties agree that working conditions in premises undergoing renovations have deteriorated below what might usually be expected in such a project the payment set out in clause D 2.6.2 of Schedule D will be made for the period that such conditions prevail. (iii)

Downgraded amenities

Where the parties agree that exceptional circumstances exist such that an employee is subjected to extreme conditions of dust or downgrading of amenity standards, the payment set out in clause D 2.6.3 of Schedule D will be made for the period that such conditions prevail. Such a payment is in addition to those specified in clauses 39.1 and 39.2. 6

Shiftwork The following provisions apply in accordance with clause 13.1 of this Agreement. The ordinary working hours of duty for a shiftworker will be 145 over a nineteen shift four week cycle. Each week will consist of five shifts including RDOs. Each shift will be of seven hours 38 minutes attendance, exclusive of a 45 minute meal break. A shiftworker will be entitled to two paid ten minute tea breaks during each shift. Clause 12.2 ―Rostered Days-off‖ applies to shiftworkers except that the number of hours rostered in a four week cycle will total 152 hours 40 minutes and one RDO will equal 7 hours and 38 minutes. Where a seven day shift worker has not taken an RDO, his or her ordinary hours will not exceed 152 hours 40 minutes in any four calendar weeks or 45 hours 48 minutes in any seven days. At the time of roster change, no shiftworker will be rostered to commence a shift less than 15 hours 37 minutes after the rostered completion time of his or her previous shift. Clause 12.6 of this Agreement ―Rest Period‖ applies to shiftworkers. A seven day shiftworker will not be rostered to work more than 50% of weekends. For the purpose of calculating overtime, the reference to 40 hours per week is to be regarded as a reference to 36.25 hours. Employees on shiftwork will be paid a shift allowance in addition to and calculated on their salary, including higher duty up to a maximum of MC salary, as follows: Morning shift Afternoon shift Night shift

12.5% 17.5% 25.0%

Except in the case of annual leave, RDOs and attendance at CBA training courses, shift allowance will not be paid during any absence from duty. Shiftworkers will receive the higher of the shift allowance or annual leave loading, but not both. In this item 6: 61

Afternoon shift means a shift rostered to commence after 10.00 am and at or before 4.00 pm. Morning shift means a shift rostered to commence at or after 6.00 am and before 8.00 am. Night shift means a shift rostered to commence after 4.00 pm and before 6.00 am. 7

Direct Banking and Technology, Operations and Procurement (a)

A full time employee engaged in DB or TOP prior to 2 April 1998 will receive the following loadings: (i)

commencing at or after 6:00 am and before 8:00 am

12.5%

(ii)

commencing after 10.00 am and at or before 4.00 pm

17.5%

(iii)

commencing after 4.00 pm and before 6.00 am

25.0%

(b)

A part time employee engaged in DB or TOP prior to 2 April 1998 will receive a loading of 17.5% where they finish their scheduled hours after 6:00pm.

(c)

The applicable loading will apply for all scheduled hours worked.

(d)

An employee engaged in DB or TOP after 2 April 1998 but before the commencement of the Commonwealth Bank Enterprise Agreement 2010 will receive the following loadings: (i)

commencing at or after 6:00 am and before 8:00 am

12.5%

(ii)

finishing after 8:00 pm and before midnight

17.5%

(iii)

finishing after midnight

25.0%

The applicable loading will apply for all scheduled hours worked. Nothing in this item 7 will affect employees working as 5 or 7 day shiftworkers. (e)

Ordinary hours for employees in DB on weekends are 8am to 8pm, Saturday and Sunday or up to 10pm by agreement.

(f)

Work on weekends for employees engaged in TOP and DB will be receive a loading of 50% for work performed on Saturdays and 75% for work performed on Sundays.

(g)

For part-time employees engaged in DB or TOP, the reference to ordinary hours being extended up to 136 hours by agreement is taken to be a reference to ordinary hours being extended up to 140 hours by agreement.

(h)

Employees in TOP may volunteer, by agreement, with CBA to commence their ordinary hours of work between 6am and 8am Monday to Friday. Hours worked during this period will not attract the shift loadings otherwise prescribed for those hours. An employee who has elected to work under this arrangement may revert to ordinary hours within the bandwidth on four week’s notice.

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Schedule – D – Allowances

D 1. NON-REIMBURSEMENT ALLOWANCES AND LOADINGS Non-reimbursement allowances (with the exception of District Allowance) will be adjusted in accordance with FWA wage fixing principle in relation to the adjustment of existing allowances which relate to work or conditions.

D 1.1 Skill utilisation loading (clause 23.4) $446 per annum. D 1.2 Relieving allowance (clause 23.5) $709 per annum. D 1.3 Field staff allowance (Preserved Schedule C cl 4) $500 per annum. D 1.4 On call allowances (clause 23.3) D 1.4.1 On call allowance Where paging facilities Where paging facilities are provided are not provided Weekdays 5.00pm. To 9.30pm.

$17.35 per day

$17.50 per day

Weekends and public/bank holidays

D 1.4.2

8.45am. to 5.45pm.

$39.00 per day

$48.70 per day

8.45am. to 9.30pm.

$54.25 per day

$67.90 per day

In contact allowance Weeknights 5.00pm. To 8.15am.

$31.00 per night

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Weekends and public/bank holidays 8.15am. to 5.00pm.

$38.95 per day

5.00pm to 8.15am

$31.00 per night

For each out of hours telephone contact, an allowance will be paid as follows: Between 6.00am and midnight

$9.55 for the first call and $9.55 for every two calls thereafter or part thereof

Midnight until 6.00am or normal $9.55 per call departure time on a scheduled work day

D 1.5 First aid allowance (clause 23.6) $10.85 per week. D 1.6 Interpreter allowance (clause 23.7) $10.60 per week. D 1.7 District allowance (clause 23.8) Group

B

BS

L

LS

DC

$pa

$pa

$pa

$pa

$pa

1

580

988

289

505

145

2

962

1,639

4834

820

240

3

1,348

2,292

680

1,146

339

4

1,845

3,140

925

1,572

460

5

2,756

4,696

1,378

2,341

686

6

3,744

6,364

1,870

3,182

936

7

4,740

8,059

2,369

4,027

1,186

B

=

Basic allowance paid to a transferred employee.

L

=

Local allowance paid to an employee locally recruited on or after 1 July 1987.

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DC

=

Dependant child allowance.

BS

= Basic allowance plus supplemental allowance paid to a transferred employee.

LS

=

Local allowance plus the supplemental allowance paid to an employee locally recruited on or after 1 July 1987.

Electricity Costs Assistance (ECA) ECA is based on a percentage of electricity costs actually incurred in accordance with the following table: Group

B

BS

L

LS

5

15%

25%

7.5%

12.5%

6

30%

50%

15%

25%

7

36%

60%

18%

30%

Part-time employees will be entitled to a pro-rata ECA D 1.8 Separate attendance – minimum payments (clause 12.3(f)) D 1.8.1

Weekdays

$52.55

D 1.8.2

Saturdays, Sundays or public holidays

$70.65

D 1.9 Telephone allowance (on call) (clause 23.3) $2.50 per day. D2

REIMBURSEMENT ALLOWANCES

Reimbursement allowances (with the exception of Car Allowance) will be adjusted annually in accordance with FWA wage fixing principle in relation to the adjustment of existing allowances which constitute a reimbursement of expenses incurred. The relevant measure for each allowance is set out under the particular allowance.

D 2.1 Meal allowance (clause 23.2)

$24.15

―Meals and take away food‖ sub-group of the food component of the Consumer Price Index.

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D 2.2 Car allowance (clause 23.9) D 2.2.1 Bank business (clause 23.9(a)): 1600cc or less

1.6012,600cc or less

2.601cc and over*

63.0 cents per km

74.0 cents per km

75.0 cents per km

2000cc or less

More than 2000cc

Preferred rate (country)

96.4 cents per km

114.8 cents per km

Preferred rate (suburban)

82.6 cents per km

99.9 cents per km

Minimum payment for return trip

$3.66

$4.58

Basic rate (ATO published rates)

*This is a new rate and will be introduced as soon as practicable after the commencement of this Agreement, but no later than 31 December 2011.

D 2.2.2

Driving to and from work (clause 23.9(b)): 2000cc or less

More than 2000cc

Variable cost rate

18.3 cents per km 21.3 cents per km

ISTA reference rate

38.4 cents per km 48.6 cents per km

D 2.3 Inter-suburban travel allowance minimum employee contribution (Preserved Schedule C Cl 4) $30.05 per week.

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Public transport fares component of the Consumer Price Index. D 2.4 Transfer expenses (clause 23.10(d) and clause 22.5(b)) Transferee:

Employee

Family

only moves to accommodation fully furnished by the employee

$944

$1,884

moves to Bank furnished accommodation, to rented furnished accommodation, or private board

$472

$944

All Groups Index of the Consumer Price Index. D 2.6 Premises renovation allowances (Preserved Schedule C Cl 4) D 2.6.1

Dry cleaning allowance $22.55 per month. Adjusted from time to time as agreed between the parties.

D 2.6.2

Deteriorated conditions $5.85 per day Adjusted from time to time as agreed between the parties.

D 2.6.3 Downgraded amenities $8.25 per day. Adjusted from time to time as agreed between the parties.

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Signed for and on behalf of the Commonwealth Bank of Australia Limited (ABN 48 123 123 124) by its duly authorised representative:

Signed for an on behalf of the Finance Sector Union of Australia:

________________________________ Signature of Leon Carter National Secretary, Finance Sector Union of Australia 341 Queen Street, Melbourne, Victoria 3000

_________________________________ Signature of authorised representative

_________________________________ Name of authorised representative (please print) Commonwealth Bank of Australia Ground floor, Tower 1, 201 Sussex Street, Sydney, New South Wales 2000

Authorised under rule 49 of the FSU’s rules to sign industrial agreements

_________________________________ Date

_________________________________ Signature of witness

_________________________________ Signature of witness

_________________________________ Name of witness (please print)

_________________________________ Date

_________________________________ Name of witness (please print)

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