PROPOSED Commonwealth Bank Enterprise Agreement 2013 1 Title This agreement is called the Commonwealth Bank Enterprise Agreement 2013. 2 Arrangement This Agreement is arranged as follows: 1. Title 2. Arrangement 3. Definitions 4. Operation 5. Fair Work Act 6. Anti- Discrimination 7. Basis of engagement 8. Job Classifications 9. Salaries 10. Superannuation 11. Travel 12. Hours 13. Shift work 14. Annual Leave 15. Personal Leave 16. Parental Leave 17. Long Service Leave 18. Public Holidays 19. Military Leave 20. Community Service Leave 21. Termination of Employment 22. Redundancy 23. Allowances 24. Preserved Conditions 25. Consultation regarding major workplace change 26. Dispute Settlement Procedure 27. Union Relationship 28. Transition to Retirement Schedule A - Classifications Schedule B - Salaries Schedule C - Preserved Conditions Schedule D - Allowances 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. FWC means the Fair Work Commission. Immediate Family means a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee or a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee. National Employment Standards means the National Employment Standards provided for by the Act. Old EBA means the: (iii) Commonwealth Bank of Australia Retail Banking Services Enterprise Bargaining Agreement 2002; or Commonwealth Bank of Australia Technology, Operations & Procurement Enterprise Bargaining Agreement 2002; or Commonwealth Bank of Australia Direct Banking Enterprise Bargaining Agreement 2002; or (iv) Commonwealth Bank of Australia (Core) Enterprise Bargaining Agreement 2002. Ordinary time and ordinary rates have the same meaning - it is the Base Rate of Pay plus any skill utilisation loading or any higher duty allowance applicable. Relevant Period is a period of up to 4 weeks over which the hours worked by an employee may be averaged. Salary has the same meaning as Base Rate of Pay. 2
4 Operation 4.1 This Agreement is binding upon: CBA; employees of CBA employed in Australia in the classifications set out in this Agreement, other than employees who are engaged: 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 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: Commonwealth Bank Enterprise Agreement 2011; Commonwealth Bank of Australia Employees Award 1999.. 4.4 This Agreement will start seven days after it is approved by FWC and its nominal expiry date is 30 June 2014. 5 Fair Work Act 5.1 Nothing in this Agreement is intended to provide an employee with a lesser entitlement than the minimum legal entitlements allowed by the National Employment Standards. Where this Agreement does provide an employee with a lesser entitlement than allowed by the National Employment Standards, the employee shall be paid or provided with the higher entitlement in the National Employment Standards. 5.2 Clauses that supplement the National Employment Standards The following clauses of this Agreement provide for entitlements which supplement and are ancillary and/or incidental to the National Employment Standards: annual leave (clause 14); 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). 3
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 maximum weekly hours (clause 12.1); and 6 Anti-discrimination requests for flexible working arrangements (clause 12.8). 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: Any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; Junior rates of pay; 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 Any exemptions under the Act. 6.3 Trade union membership In accordance with section 336 of the Act all parties recognise the right of CBA employees to choose to belong or to not belong to a trade union. 7 Basis of engagement 7.1 Type of employment CBA may employ employees under this Agreement on a permanent full time, permanent part time, temporary (including on a fixed term or maximum term) or casual basis. Full time employee means an employee working standard hours under clause 12 of this Agreement. 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. 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. 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. 4
7.2 Individual arrangement If an employee requests, including after discussions initiated by CBA, they may enter into an individual arrangement. 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. 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. 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: clause 7.5 Mobile Bankers 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 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) (f) However, the employee cannot be provided with lesser benefits than those set out in the National Employment Standards. The individual arrangement must: (iii) (iv) (v) be about permitted matters under section 172 of the Act; and not include unlawful terms under section 194 of the Act; and include the name of CBA and the employee; and 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 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 5
how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual arrangement; and (vi) state the day on which the individual arrangement commences. (g) CBA must give the employee a signed copy of the individual arrangement within 14 days after it is agreed to. (h) CBA or the employee may terminate the individual arrangement: by giving no more than 28 days written notice to the other party to the arrangement; or if CBA and the employee agree in writing at any time, following which, the arrangements set out in paragraph 9.2 will apply. (j) 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. Clause 9.7 applies to individual arrangements and a reference in that clause to remuneration provided under this Agreement includes remuneration provided under an individual arrangement. 7.3 Preservation of Clause 12 agreements 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. 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 to be paid in accordance with and participate in all provisions of this Agreement. To the extent that a clause 12 agreement deals with: (iii) (iv) (v) (vi) (vii) (viii) rostered days off; overtime and separate attendance; meal allowance; leave in lieu of travelling time; on-call allowance; telephone availability allowance; higher duty allowance; or annual leave loading; the provisions of this Agreement dealing with those matters do not apply to the employee covered by that clause 12 agreement. (e) 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. 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. 6
7.4 Casual employees (e) (f) (g) 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. There is no limit on the number of casual employees which may be employed. 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. The use of casuals is not intended to limit development opportunities for full-time or part-time staff. 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. 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. Leave 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. CBA may grant unpaid leave to casual employees. (h) (j) (k) (l) (m) (n) (o) 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. Casual employees will not work in excess of 38 hours per week. 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. 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. Casual employees will be entitled to the meal break and meal allowance provisions of this Agreement. 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. Casual employees are entitled to unpaid Personal Leave, Carer s Leave and Parental Leave in accordance with the National Employment Standards. The following clauses of this Agreement do not apply to casual employees: clause 9 Salaries (subject to clause 7.4(e)); 7
(iii) (iv) (v) (vi) (vii) (viii) clause 12 Hours; clause 13 Annual Leave; clause 15 Personal Leave; clause 16 Parental Leave; clause 22 Redundancy; clause 23 Allowances; and clause 24 Preserved Conditions. 7.5 Mobile Bankers This clause sets out the alternative arrangements that will apply to Mobile Bankers. 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. 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: (iii) (iv) (v) (vi) (vii) (viii) (ix) performance payments; overtime and separate attendance; rostered days off; shift allowance; higher duty allowance; Saturday and Sunday loadings; meal allowance; on-call allowance; and telephone availability allowance. (e) 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. Clause 9.7 applies to Mobile Bankers and a reference in that clause to remuneration provided under this Agreement includes remuneration provided to Mobile Bankers. 8 Job Classifications Roles occupied by employees covered by the Agreement will be classified by CBA using the descriptors set out in schedule A. 9 Salaries 9.1 Payment of salaries 8
Employees salaries will be paid on a fortnightly basis by direct deposit into the employee s CBA bank account or otherwise as agreed by CBA and an employee. CBA will provide employees with a CBA account, free of any maintenance fees, transaction fees and withdrawal fees (although other institutions' ATM fees will apply). An employee must open and maintain this account as their nominated account for salary payment purposes throughout their employment. 9.2 Salary The salaries for classifications covered by this Agreement are set out in Schedule 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. 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. Where a clause 12 Agreement, AWA, ITEA or Individual Arrangement terminates, the employee s new salary will be the higher of: the applicable minimum rate (under the Commonwealth Bank Enterprise Agreement 2011) as at 30 June 2012 plus any of the pay increases set out in clause 9.4 which would have applied (given the employee s performance ratings) if the employee had not been employed under the clause 12 Agreement, AWA, ITEA or Individual Arrangement at the time of the increase, or the applicable minimum rate set out in schedule B of this Agreement. 9.3 Higher Duty 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. 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. An employee relieving in a lower grade will not have his or her salary reduced. 9
9.4 Increase in salary On 1 July 2013, employees shall receive the following increases to their base salaries (as at 30 June 2013) according to their performance rating for the performance year of 1 July 2012 to 30 June 2013: Rating Increase Meets Expectations or higher 3.75% Needs Improvement 2% Unsatisfactory 0% (e) 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 2013. 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 2013 interim review process shall receive the balance of the applicable increase effective from 1 January 2014. 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 2014. The minimum full-time rates for each classification shall be as set out in Schedule B. The determination of an employee s performance rating and the setting of targets is within the complete discretion of CBA. 9.5 Performance bonuses All employees covered by this Agreement will be eligible to participate in a performance related pay scheme (PRP) as determined by CBA. 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 review rating Meets Expectations or Valued Contribution Exceeds Expectations or Superior Contribution Exceptional or Exceptional Contribution Performance pay % of Actual Salary GC & Service Staff AM M 3% 4.5% 6% 4.5% 6% 7.5% 9% 10.5% 15% 10
The following conditions also apply to PRP payments and calculations: (iii) (iv) (v) (vi) (vii) All paid leave up to a maximum of 4 months will be included for PRP calculations. Unpaid leave will not be included for PRP calculations. PRP will be included for superannuation calculations. 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. 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. PRP payments for the relevant financial year shall be calculated on the employee s base salary as at 30 June of that financial year. 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 and. The determination of an employee s performance rating and the setting of targets is within the complete discretion of CBA. 9.6 Performance assessment 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. 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. 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: (iii) (iv) (iv) staffing numbers in the employee s workplace; market factors; provision of appropriate and relevant training to perform current job roles; the employee s experience; and approved absences from normal duties. (e) (f) Any changes during the period for which performance objectives are set will be properly communicated to employees by CBA. The performance appraisal process will be fair and transparent. CBA policies in relation to performance appraisals will be available to all employees on CBA intranet. 11
9.7 Better off over all test 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. 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: Where: TP = A - E (iii) (iv) 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. E is the total remuneration received by the employee under this Agreement over the Relevant Period for work performed over that period including: 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. 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. 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. 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. In this clause 9.7 a reference to: the Agreement includes a reference to a clause 12 agreement which is continued in operation by clause 7.3; the Award includes the applicable transitional Australian Pay and Classification Scale. 12
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 Commonwealth Bank Group Super. 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. 11 Travel 11.1 Travel on CBA Business 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. 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. 11.2 Travel between work and home 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. CBA may: require employees to share taxis; and 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 and 11.2 will continue to apply. 12 Hours 12.1 Span of hours 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 13
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. 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: Branches (including Business Banking Branches): 8am to 9pm, Monday to Friday inclusive; 8am to 5pm, Saturday and Sunday. All other employees: 8am to Midnight, Monday to Friday inclusive; 8am to 8pm, Saturday and Sunday. (e) (f) (g) 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. 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. 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). 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). Other than for a pressing operational necessity, part-time employees will work: 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 up to 128 hours (which may be extended to 136 hours by agreement) over a 4 week period, payable at normal rates. (h) 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: The employee s Manager will discuss the need for change with the employee and will provide all necessary and appropriate information, for example, the rationale for the changes and an outline of what factors have been considered to mitigate any reduction in hours of work, such as natural attrition and relocation. 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. 14
(iii) (iv) (v) 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. 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. 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. 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 12.1(h), CBA must still have regard to the employee s family and carer s responsibility. CBA may require employees to work reasonable overtime. 12.2 Rostered days-off The ordinary hours of work referred to in clause 12.1 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. 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. Accumulating and cashing-out RDOs. (iii) Employees with twelve RDOs will be rostered and accounted for quarterly on the basis of an employee being entitled to three RDOs each quarter. 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. Where an RDO is carried forward in terms of clause 12.2 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. (e) (f) RDOs can be taken as half days or full days or otherwise and at such times by mutual agreement between CBA and the employee. An employee who joins or leaves CBA within an RDO quarter will be entitled to a pro rata RDO entitlement. Employees with RDOs will have the number adjusted annually in respect of absences during the preceding year for the following reasons: Sick Leave (including sick leave on workers compensation); 15
(iii) (iv) (v) (vi) (vii) Long Service Leave; Parental Leave (at full or half pay); Leave Without Pay; Career Break; Special Leave (where absences exceed nineteen working days); and Full Time Study Leave. (g) For the avoidance of doubt, this clause 12.2 does not apply to employees other than full-time employees. 12.3 Overtime Subject to clause 12.3 overtime will be payable where a full-time employee is required by CBA to work: (iii) outside the span of ordinary hours set out in clause 12.1; 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 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: (iii) in excess of the agreed hours (which includes any additional hours under clause 12.1(g)) of duty on any one day; in excess of 10 hours per day; or outside the span of ordinary hours set out in clause 12.1. Interpretation of this clause: this clause 12.3 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: where the relevant hours are only being worked because of an averaging arrangement under clause 12.1 or for such hours that the employee has been released from duty in the same pay fortnight as which the hours were worked; where the relevant hours are worked because an employee has accrued an RDO and such hours will be paid at ordinary rates. (e) 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. In circumstances where: 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 16
week (including the holiday) will not exceed 38 and payment for the additional hours will be at ordinary hours rates; 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) (g) (h) 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. Overtime is calculated on salary and where appropriate, any higher duty allowance or skill utilisation loading applicable. Where authorised by management of the business area, an employee may agree to accrue time in lieu of overtime on the following basis: (iii) (iv) (v) accrual is by agreement between the business unit and the employee; accrued time will be calculated at one hour for each hour of overtime worked; 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; 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; 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: on weekdays at overtime rates; or on Saturdays, Sundays or public holidays at double time, with a minimum payment for four hours. (j) (k) 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). Overtime will not be included in payments for retirement, resignation, retrenchment or dismissal. 12.4 Ordinary hours worked on weekends 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 will apply to an employee where that employee is not rostered to work on a weekend within six months of their commencing employment. Employees other than those covered by clause 12.4 may be rostered to perform ordinary hours on weekends on the following basis: the employees genuinely volunteering to work on weekends; 17
employees will have the right to withdraw from weekend work by giving three months' written notice to their direct manager. (e) (f) 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. 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. 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. An employee may work at a different location on the weekend to their normal work location. 12.5 Meal break and tea break 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. 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. An employee who becomes entitled to a subsequent meal break may elect not to take such a break. 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. 12.6 Rest period Subject to clause 12.6, 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. 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. 12.7 Staffing 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. CBA agrees that workloads will be capable of being completed in ordinary working hours. However, CBA may require employees to work reasonable overtime. When determining staffing levels for a workplace, CBA will take into account all relevant local level factors including, but not limited to, employee experience, 18
market demographics, business opportunities, appropriate training and obligations under this Agreement. 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. 12.8 Requests for flexible working arrangements 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: is under school age; or is under 18 and has a disability. The employee is not entitled to make the request unless: 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 for a casual employee the employee: is a long term casual employee of CBA immediately before making the request; and has a reasonable expectation of continuing employment by the employer on a regular and systematic basis. The request must: be in writing; and set out details of the change sought and of the reasons for the change. (e) 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. 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 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. 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. 13.2 Definitions 19
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: is regularly rostered to work those shifts; and 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. 13.3 Requirement to work shifts (e) (f) (g) 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. 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. 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. An employee shall not be required to stay longer than four weeks on a particular shift, unless otherwise agreed by CBA and the employee. 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. An employee is not a shift worker simply because he or she works overtime outside normal business hours or works on weekends. 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: Morning shift commencing on or after 6:00am but before 8:00am: 12.5% 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% 13.4 Ordinary working hours 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. A shiftworker will be entitled to two paid ten minute tea breaks during each shift. 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. 20
(e) (f) Clause 12.6 Rest period and clause 12.5 Meal Break and Tea Break apply to shiftworkers. 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. CBA may require shiftworkers to work reasonable overtime. 13.5 Meal allowance A meal allowance will be paid to an employee who works: overtime and in excess of 9½ hours (excluding meal breaks) on any day/shift; or 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. 13.6 Overtime Subject to clause 13.6 overtime will be payable where a full-time employee is required by CBA to work: in excess of 40 hours in a week (which is reduced by 8 hours for each RDO taken in that week); or subject to clause 13.6, in the case of a part-time employee overtime will be payable if the employee works: in excess of the agreed hours (which includes any additional hours under clause 12.1(g)) of duty on any one day; or in excess of 10 hours per day. Interpretation of this clause: this clause 13.6 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: where the relevant hours are only being worked because of an averaging arrangement under clause 13.4 or for such hours that the employee has been released from duty in the same pay fortnight as which the hours were worked; or where the relevant hours are worked because an employee has accrued an RDO and such hours will paid at ordinary rates. 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. in the case of seven-day shiftworkers, payable at double ordinary rates. In circumstances where: 21
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; 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. (e) Where authorised by management of the business area, an employee may agree to accrue time in lieu of overtime on the following basis: (iii) (iv) (v) accrual is by agreement between the business unit and the employee; accrued time will be calculated at one hour for each hour of overtime worked; 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; 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 ; and the maximum number of hours that may be accumulated over a four week cycle will be 16. (f) (g) (h) (j) Shift loadings will not apply in the calculation of overtime payments. 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. 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. 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). Overtime will not be included in payments for retirement, resignation, retrenchment or dismissal. 13.7 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. 22