decision - fsunion.org.au · [2020] fwca 3404 2 [6] the agreement is approved and, in accordance...

1

Fair Work Act 2009 s.185—Enterprise agreement

Bendigo and Adelaide Bank Limited(AG2020/1627)

BENDIGO AND ADELAIDE BANK ENTERPRISE AGREEMENT 2018-

2021

Banking finance and insurance industry

DEPUTY PRESIDENT DEAN SYDNEY, 30 JUNE 2020

Application for approval of the Bendigo and Adelaide Bank Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the

Bendigo and Adelaide Bank Enterprise Agreement 2018-2021 (the Agreement).The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Bendigo and Adelaide Bank Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The consultation term contained in clause 11 of the Agreement does not comply with

the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model

consultation term is taken to be a term of the Agreement.

[4] Clause 23.14 of the Agreement makes provision for deductions which in my view may not be permitted deductions within the meaning of s.324 of the Act, and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the Finance Sector Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[2020] FWCA 3404

DECISION

[2020] FWCA 3404

2

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2020. The nominal expiry date of the Agreement is 15 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508394 PR720583>

wongr

Consultation

TABLE OF CONTENTS Clause Page PART 1 APPLICATION, OPERATION, BASIS OF EMPLOYMENT, TERMINATION 6 1 WHO IS BOUND BY THIS AGREEMENT ....................................................................... 6

Who is covered ......................................................................................................................... 6 Definitions............................................................................................................................... 6 This Agreement excludes Industrial Instruments ..................................................................... 7 Guarantee by the Bank ............................................................................................................. 8

2 WHEN THIS AGREEMENT APPLIES .............................................................................. 8 3 HOW THIS AGREEMENT CAN BE VARIED OR TERMINATED ............................... 8 4 HOW THE BANK WILL EMPLOY AND PAY YOU ........................................................ 8

How you are employed if you are a full time or part time employee ........................................... 8 How you are employed if you are a casual employee ................................................................. 8 How you are paid ..................................................................................................................... 8 Underpayments ....................................................................................................................... 8 Overpayments ......................................................................................................................... 9 Probation ................................................................................................................................. 9 Your duties .............................................................................................................................. 9

5 FULL TIME EMPLOYEES ................................................................................................... 9 Maximum ordinary hours ........................................................................................................ 9 Meetings and training ............................................................................................................. 9

6 PART TIME EMPLOYEES ................................................................................................ 10 The Bank can employ you on a part time basis ....................................................................... 10 Minimum and maximum ordinary hours - part time employees ............................................. 10 Your paid personal and annual leave entitlements are on a pro rata basis Error! Bookmark not defined. Meetings and training ........................................................................................................... 10

7 CASUAL EMPLOYEES ..................................................................................................... 10 The Bank can employ you on a casual basis ............................................................................ 10 You will receive a loading in addition to your hourly rate of pay ............................................ 11 Termination of employment ................................................................................................... 11 Some clauses do not apply to you ........................................................................................... 11 Request for casual conversion ................................................................................................ 11

8 FLEXIBLE WORK ARRANGEMENTS ........................................................................... 13 Flexible work hours ................................................................................................................ 13 Flexible work options ............................................................................................................. 13 Home based work ................................................................................................................... 13 Definition .............................................................................................................................. 13 You may undertake home based work only by agreement ........................................................ 13 Considerations before home based work will be approved ........................................................ 13 The home based work agreement must be in writing ............................................................... 14 How the agreement can be terminated .................................................................................... 14 Which provisions of this Agreement do not apply ................................................................... 14 Job Share................................................................................................................................ 15 Definition .............................................................................................................................. 15 You may undertake job share only by agreement .................................................................... 15 The job share agreement must be in writing ........................................................................... 15 Breach of the job share agreement ........................................................................................... 15 How the job share agreement can be terminated ..................................................................... 15

9 TERMINATION OF EMPLOYMENT ............................................................................. 16 Notice of termination in accordance with the Act ................................................................... 16

The Bank can pay out your notice .......................................................................................... 16 You have to give the Bank the same notice .............................................................................. 16 Reference or statement of service ............................................................................................ 17 You must repay any money you owe the Bank........................................................................ 17 You must return the Bank's property..................................................................................... 17

10 REDUNDANCY ................................................................................................................. 17 The Bank will consult you and provide you with information about redundancies .................. 17 The Bank may call for voluntary redundancies ....................................................................... 17 The Bank will give you time off during the notice period ........................................................ 18 What counts as service ........................................................................................................... 18 The Bank will give you notice and pay you severance pay ...................................................... 19 The Bank will offer Redundant staff outplacement services ..................................................... 20 The Bank may transfer you to other duties ............................................................................. 20 The Bank can find you alternative employment ...................................................................... 20 Some employees exempted ...................................................................................................... 21

11 CONSULTATION ................................................................................................................... 21 12 FLEXIBILITY ARRANGEMENTS ............................................................................................. 23 PART 2 HOURS, OVERTIME, SHIFT WORK, WORK LOCATION ............................. 24 13 THE HOURS YOU WORK ................................................................................................ 24

When are ordinary hours – all employees except shift workers ................................................ 24 You may receive additional payment for working at certain times .......................................... 24 When do you work these ordinary hours ................................................................................ 25 You can work shift work ........................................................................................................ 25

14 OVERTIME AND PENALTY RATES ............................................................................... 25 You may be required to work overtime ................................................................................... 25 What you will be paid for working outside the ordinary span of hours .................................... 25 Penalty rates .......................................................................................................................... 26 Head Office staff working in Branches on Saturday ............................................................... 27 Overtime/work during penalty time must be authorised ......................................................... 27 Calculating overtime.............................................................................................................. 27 You can agree to different overtime conditions ....................................................................... 28

15 PAYMENT FOR TRAVELLING ................................................................................................ 28 16 TIME OFF IN LIEU ............................................................................................................ 28

You can take time off instead of being paid overtime ............................................................... 28 Time off in lieu of Saturday work in a branch, if not part of your ordinary hours of work ....... 28 When time off in lieu is taken ................................................................................................. 29 Time off in lieu may not be an option for some branches and departments .............................. 29

17 SHIFT WORK ..................................................................................................................... 29 Additional definitions ............................................................................................................ 29

18 CONSUMER CONNECTION STAFF ..................................................................................... 30 19 MEAL BREAKS AND REST INTERVALS ..................................................................... 32

When you will be entitled to a meal break ............................................................................... 32 Rest intervals ......................................................................................................................... 32

20 REST PERIOD & RECALL TO WORK ............................................................................ 32 You must have 10 hours off between work periods .................................................................. 32 What happens if the Bank recalls you to work? ....................................................................... 32 You may swap work periods with the Bank's consent ............................................................. 32

21 CHANGES TO LOCATION OR HOURS ....................................................................... 32 You may be transferred or seconded to another position on a short term basis......................... 32 You may be transferred or seconded to another position on a long term basis .......................... 33 Relocation .............................................................................................................................. 33 You may request to change your hours of work ...................................................................... 33

The Bank may change your hours of work .............................................................................. 33 Long term change of hours or location .................................................................................... 33

PART 3 PUBLIC HOLIDAYS AND LEAVE ...................................................................... 34 22 PUBLIC HOLIDAYS.......................................................................................................... 34

Which public holidays will be observed? ................................................................................. 34 What happens if the Government changes the public holidays? .............................................. 35 What if there are more public holidays in your State or Territory? ......................................... 35 You can agree with the Bank to substitute another day for a public holiday ............................ 35 Request to work public holidays ............................................................................................. 35 Refusing to work public holidays............................................................................................ 35 How you are paid for public holidays or gazetted bank holidays .............................................. 36 How you will be paid for work on a public holiday ................................................................. 36

23 ANNUAL LEAVE ............................................................................................................... 36 Your entitlement.................................................................................................................... 36 How annual leave accrues, accumulates, and is credited ......................................................... 36 When you must take your leave ............................................................................................. 36 Reimbursement on cancellation of annual leave ..................................................................... 37 What the Bank will pay you when you take annual leave ........................................................ 37 The Bank will pay you an annual leave loading ...................................................................... 37 You can take your leave in advance ........................................................................................ 37 You must pay back the Bank for leave you take in advance ..................................................... 38 Cashing out accrued annual leave .......................................................................................... 38 The Bank will pay you for leave you have not taken if your employment ends ......................... 38 If you are sick while on annual leave ...................................................................................... 38 Annual leave must be authorised ........................................................................................... 38

24 PERSONAL / CARER’S LEAVE (SICK AND CARER’S LEAVE), &

COMPASSIONATE/BEREAVEMENT LEAVE ....................................................................... 39 Definitions for this Clause 24................................................................................................. 39 Amount of paid personal / carer’s leave .................................................................................. 39 Paid personal / carer’s leave ................................................................................................... 39 Notification ........................................................................................................................... 39 On termination you may receive a bonus ............................................................................... 40 Paid carer’s leave ................................................................................................................... 40 Unpaid carer’s leave .............................................................................................................. 41 Bereavement / Compassionate Leave ...................................................................................... 41 Unpaid compassionate leave ................................................................................................... 42

25 PLANNED ABSENCE ....................................................................................................... 42 26 PARENTAL LEAVE ........................................................................................................... 43

Unpaid parental leave ............................................................................................................ 43 How much unpaid leave is available? ..................................................................................... 43 Extension of your unpaid parental leave................................................................................. 43 Paid parental leave ................................................................................................................. 43

27 LONG SERVICE LEAVE ................................................................................................... 44 28 NATURAL DISASTER AND COMMUNITY SERVICE LEAVE ................................. 44 29 DOMESTIC VIOLENCE LEAVE ............................................................................................... 45 30 NATIONAL EMPLOYMENT STANDARDS ................................................................. 45 31 EXTENDED LEAVE WITHOUT PAY ............................................................................. 45

Definition .............................................................................................................................. 45 Eligibility .............................................................................................................................. 45 Availability ............................................................................................................................ 45 Continuity of service .............................................................................................................. 46 Variation and return to work ................................................................................................. 46

32 JURY SERVICE .................................................................................................................. 46 PART 4 WAGES AND RELATED MATTERS ................................................................... 47 33 YOUR WAGE ..................................................................................................................... 47

Junior rates ............................................................................................................................ 47 Adult rates ............................................................................................................................ 47 How you will be graded ......................................................................................................... 47 The Bank may pay you for working at a higher grade ............................................................. 50 You may agree to non Agreement benefits .............................................................................. 51 Wage increases ...................................................................................................................... 51

34 MEAL MONEY ................................................................................................................... 51 35 SUPERANNUATION........................................................................................................ 51

Employer contributions ......................................................................................................... 51 Employee contributions ......................................................................................................... 51 Salary sacrifice superannuation contributions........................................................................ 52

36 ACCIDENT COMPENSATION MAKE-UP PAY........................................................... 52 When you are entitled to make-up pay ................................................................................... 52 What you are entitled to and for how long .............................................................................. 52 Your entitlement may end sooner ........................................................................................... 52 What you must do if you claim damages or settle your claim .................................................. 52

37 ALLOWANCE FOR USING YOUR VEHICLE ............................................................... 52 The Bank will pay you an allowance if you use your vehicle ................................................... 52 If public transport is a reasonable alternative ......................................................................... 53 If the Bank provides a vehicle ................................................................................................. 53

38 UNIFORM ALLOWANCE ................................................................................................ 53 39 JOURNEY INSURANCE ................................................................................................... 53 PART 5 RELATIONSHIP WITH THE UNIONS ............................................................... 53 40 INFORMATION SHARING ............................................................................................ 53 41 TRAINING LEAVE ........................................................................................................... 54

Entitlement ........................................................................................................................... 54 Amount of training leave provided by the Bank ...................................................................... 54 Applications for training leave ............................................................................................... 54 Pre-conditions for training leave ............................................................................................ 55

42 WORKPLACE REPRESENTATIVE RIGHTS ............................................................................ 55 PART 6 DISPUTE SETTLEMENT ...................................................................................... 55 43 DISPUTE SETTLEMENT PROCEDURE ........................................................................ 56 PART 7 ADMINISTRATIVE MATTERS........................................................................... 56 44 WORKLOADS ................................................................................................................... 56 45 AVAILABILITY OF THIS AGREEMENT ....................................................................... 57 46 POLICIES AND PROCEDURES ...................................................................................... 57 47 NO EXTRA CLAIMS ............................................................................................................... 57 48 ASSIGNMENT ....................................................................................................................... 57 49 GOVERNING LAW ................................................................................................................ 57 SIGNING PAGE .......................................................................................................................... 58

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PART 1 APPLICATION, OPERATION, BASIS OF EMPLOYMENT, TERMINATION

1 WHO IS BOUND BY THIS AGREEMENT

Who is covered

1.1 This Agreement binds Bendigo and Adelaide Bank Limited (ACN 068 049 178) and all clerical employees who perform work that falls within the grades specified in this Agreement.

1.2 This Agreement does not extend to employees of the Bank who are completing a registered traineeship or employees engaged by the Bank under other government employment initiatives.

Definitions

1.3 In this Agreement:

“Act” means the Fair Work Act 2009 (Cth).

“Agreement” means this enterprise agreement, the Bendigo and Adelaide Bank Enterprise Agreement 2018-2021.

“Associated Entity” has the meaning given to it by the Corporations Act 2001 (Cth).

“Award” means the Banking, Finance and Insurance Award 2010.

“Bank” means Bendigo and Adelaide Bank Limited (ACN 068 049 178).

“Comparable alternative employment” means an offer of employment within the Bank or an Associated Entity of the Bank, which is on substantially similar but no less favourable terms and conditions than those which you enjoyed immediately prior to the offer of employment and which recognises your continuity of service.

“Consumer Connection” means the call centre facilities operated by the Bank.

“Employee couple” - two national system employees (those being employees employed by an employer who is covered and deemed a national system employer by the Act) are an employee couple if each of the employees is the spouse or de facto partner of the other.

“Full rate of pay” means the rate of pay payable to you including all of the following:

incentive-based payments and bonuses;

loadings;

monetary allowances;

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overtime or penalty rates;

any other separately identifiable amounts.

“FWC” means the Fair Work Commission.

“Industrial Instruments” include but are not limited to the Award, enterprise awards, transitional instruments as defined in the Transitional Act, modern awards and enterprise agreements as defined by the Act.

“NES” means the National Employment Standards as set out in the Act.

“Ordinary rate of pay” means your ordinary hourly rate of pay derived from the applicable salary detailed at Clause 33. The hourly rate of pay is calculated by dividing the annual salary by 52 (weeks) and then by 38 (hours).

“Preventative Health Care” means preventative health appointments for the purpose of preventing or screening for a medical condition.

“Redundancy” occurs where the Bank decides that it no longer wishes the job you have been doing to be done by anyone and that decision leads to the termination of your employment, except where the termination is due to the ordinary and customary turnover of labour. (“Redundant” has a corresponding meaning).

“Superannuation Guarantee (Administration) Act” means the Superannuation Guarantee (Administration) Act 1992 and any regulations as amended or varied from time to time.

“Superannuation Guarantee Charge” has the meaning set out in the Superannuation Guarantee (Administration) Act.

“Transitional Act” means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

“Two week cycle” means the two weeks commencing when the relevant pay period commences.

“Unions” means the Finance Sector Union of Australian (“FSU”) and the Australian Services Union (“ASU”) and “Union” means either one of them.

“Unused Personal Leave Bank” means the amount of accrued but untaken personal /carer’s leave of an employee as at 15 December 2015, the commencement date of the Bendigo and Adelaide Bank Enterprise Agreement 2015-2018.

“You” means any employee bound by this Agreement pursuant to Clause 1.1.

This Agreement excludes Industrial Instruments

1.4 You and the Bank acknowledge that, in accordance with the Act, while in operation the Agreement operates to the exclusion of the Industrial Instruments. Therefore,

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while the Award continues to cover your employment with the Bank it will not apply to you while this Agreement is in operation.

Guarantee by the Bank

1.5 The Bank guarantees that your ordinary rate of pay under this Agreement will be no less than the applicable statutory minimum.

2 WHEN THIS AGREEMENT APPLIES

2.1 This Agreement will commence operating seven days from the date it is approved by the FWC (“Commencement”). The nominal expiry date of this Agreement is 15 December 2022..

2.2 The Bank will use its best endeavours to start negotiating for an enterprise agreement to replace this Agreement no later than six months before this Agreement reaches the nominal expiry date.

3 HOW THIS AGREEMENT CAN BE VARIED OR TERMINATED

This Agreement may be varied or terminated in accordance with the Act.

4 HOW THE BANK WILL EMPLOY AND PAY YOU

How you are employed if you are a full time or part time employee

4.1 If you are a full time or part time employee, the Bank will employ you by the week.

How you are employed if you are a casual employee

4.2 If you are a casual employee, the Bank will employ you by the hour.

How you are paid

4.3 The Bank will pay you on a fortnightly basis (other than any payments due to you on termination of your employment, which will be paid within seven days). The Bank may however, during the life of this Agreement, change the frequency of payments between weekly and fortnightly. If the frequency of payments is changed, the Bank will give you at least four weeks’ notice of the change.

Underpayments

4.4 If an adjustment to your pay is required due to an error or omission by you (for example by you not completing your claim through CiAnywhere or submitting your claim to a Manager that you know is on leave or is absent), the adjustment will be completed in the pay period following the Bank becoming aware of the need for the adjustment.

4.5 Any error with your pay which results in a net adjustment in your favour of $100 or less, will be processed in the following pay period, unless you can demonstrate that you have or will suffer substantial financial hardship, in which case the adjustment will be made as soon as reasonably practicable.

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4.6 Any error in your pay which requires an adjustment in your favour of greater than $100 will be rectified by the Bank as soon as reasonably practicable. In most cases, errors resulting in adjustments of greater than $100 will be corrected within 48 hours.

Overpayments

4.7 Any money overpaid to you in error will be recovered at the discretion of the Bank, taking your financial situation into consideration. Your Manager or the Payroll Department will contact you to discuss repayment options of any money owing, but normally the overpayment will be corrected in the following pay. Alternatively, you and the Bank may agree for money owing to be deducted from salary payments in an agreed number of pay periods immediately following discovery of the overpayment.

Probation

4.8 If you are a full time or part time employee, the Bank will employ you on probation for six months from the start of your employment. This period will be extended by any leave taken (paid or unpaid), or any absence from work, for any reason during the period. During the probation period, either you or the Bank can end your employment by giving one week's notice (or in the case of the Bank, one week’s pay in lieu of notice).

Your duties

4.9 The Bank may direct you to carry out any reasonable and lawful duties which are within the limits of your skill, competence and training.

5 FULL TIME EMPLOYEES

Maximum ordinary hours

5.1 Unless you are a part time or casual employee, you must work 76 ordinary hours in a two week cycle. You may work up to 10 ordinary hours per day. The Bank does not count any time you have off on meal breaks when adding up your ordinary hours. All work which is overtime will be paid in accordance with Clause 14. If you are a shift worker, overtime will be paid in accordance with Clause 17.

Meetings and training

5.2 The Bank may require you to attend meetings or training. If you are required to attend meetings or training, your ordinary hours referred to in Clause 5.1 will include the time spent at meetings or training. This means that, for example, if you are a full time branch employee you will be rostered to work 75 hours and will be required to attend a one hour meeting in each two week cycle. If you do not attend planned meetings or training as directed, the Bank may:

require you to work an additional hour (to ensure you work your 76 ordinary hours in that two week cycle); or

reduce your wages for the two week cycle by one hour (on the basis that you have only worked 75 ordinary hours).

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5.3 If the Bank requires you to attend meetings or training and this means that you work more than 76 hours per fortnight (ie overtime) you will be paid in accordance with Clause 14, or if you are a shift worker, Clause 17.

6 PART TIME EMPLOYEES

The Bank can employ you on a part time basis

6.1 This Clause will apply to you if you are a part time employee.

Minimum and maximum ordinary hours - part time employees

6.2 If you are a part time employee you will be rostered for a minimum 3 ordinary hours on any day you are rostered to work. You can work any number of hours up to 76 ordinary hours in a two week cycle in accordance with Clause 13.1. You may work up to 10 ordinary hours per day. The Bank does not count any time off on meal breaks when adding up your ordinary hours.

Payment for ordinary hours of work

6.3 All time worked up to 76 ordinary hours in a two week cycle Monday to Saturday will be paid at your ordinary rate of pay, plus any loading or penalty rate which may be applicable under Clauses 13, 14, 17 or 21.7.

Payment for overtime

6.4 All work which is overtime will be paid in accordance with Clause 14.2 or if you are a shift worker, Clause 17.

Meetings and training

6.5 You may be required to attend meetings or training as reasonably directed by the Bank. Where you are given two or more weeks’ notice of the meeting and/or training, you will be paid your ordinary rate of pay for attendance at the meeting to a maximum of one hour in any two week cycle. If less than 48 hours’ notice is provided and you are required to attend a scheduled meeting that is outside of your rostered hours, you will be paid for attendance at the meeting at the rate of time and a half, and Clause 14.2 will not apply.

7 CASUAL EMPLOYEES

The Bank can employ you on a casual basis

7.1 This Clause will apply to you if you are a casual employee and will override other clauses of this Agreement that are inconsistent.

7.2 If you are a casual employee you will be rostered for a minimum 2 ordinary hours on any day you are rostered to work.

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You will receive a loading in addition to your hourly rate of pay

7.3 Your hourly rate of pay will be calculated by dividing the relevant annual salary detailed in Clause 33 by 52 (weeks) and then by 38 (hours), and adding a 25% loading.

7.4 The casual loading is paid in lieu of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment.

Termination of employment

7.5 If you are a casual employee, you or the Bank may terminate your employment by giving one hour’s notice.

Some clauses do not apply to you

7.6 If you are a casual employee, the following clauses do not apply to you:

Clause 9 – Termination of Employment

Clause 10 – Redundancy

Clauses 18.2 to 18.9 - Voluntary Express Time

Clause 20 – Rest Period & Recall to Work

Clause 23 – Annual Leave

Clause 24 – Paid Personal/Carer’s Leave and Compassionate/Bereavement Leave, insofar as it relates to paid personal/carer’s and paid compassionate/bereavement leave

Clause 25 – Planned Absence

Clause 26 – Parental leave, insofar as it relates to paid parental leave (in some circumstances if you are employed on a casual basis you may be entitled to unpaid parental leave in accordance with the Act)

Clause 32 – Jury Service (however if you are a casual employee you will be entitled to community service leave in accordance with the Act)

Clause 36 – Accident Compensation Make-up Pay

Request for casual conversion

7.7 A person engaged as a regular casual employee may request that their employment be converted to full-time or part-time employment.

7.8 A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreement.

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7.9 A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.

7.10 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

7.11 Any request for casual conversion must be in writing and provided to the Bank.

7.12 Where a regular casual employee seeks to convert to full-time or part-time employment, the Bank may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

7.13 Where the Bank refuses a regular casual employee’s request to convert, the Bank must provide the casual employee with the Bank's reasons for refusal in writing within 21 days of the request being made.

7.14 Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment pursuant to a request under clause 7.7, the Bank and employee must discuss and record in writing:

the form of employment to which the employee will convert – that is, full-time or part-time employment; and

if it is agreed that the employee will become a part-time employee, the matters referred to in Clause 6.3.

7.15 The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

7.16 Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the Bank.

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8 FLEXIBLE WORK ARRANGEMENTS

Flexible work hours

8.1 By agreement with the Bank, you can arrange to take time off during your ordinary hours by working the amount of time taken off during another time in that two week cycle. This can only occur by agreement with your Line Manager, who will take into consideration the needs of the business and your personal needs. You can make up the time at an earlier or later time, as agreed with your Line Manager. Any make up time worked will not incur any overtime or loading payments.

Example:

Your normal ordinary hours of work are 8.45 am to 5.15 pm, Monday to Friday. Your child has a school activity that you would like to attend at 4.30 pm on a Wednesday. You seek approval from your Manager to finish at 4.00 pm on the Wednesday and work until 5.30 pm for the next 5 working days.

Flexible work options

8.2 You are entitled to make a request for flexible working arrangements in accordance with section 65 of the Act. Before responding to your request, the Bank will discuss the request with you and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate your circumstances having regard to:

(a) your needs arising from your circumstances;

(b) the consequences for you if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

8.3 In addition to your entitlement to make a request under the Act, the Bank is committed to providing you with flexible work options where possible. Please refer to the Bank’s flexible work options guidelines on the intranet for details on how to apply.

Home based work

Definition

8.4 “Home based work” means the regular performance by you of ordinary hours of work at your home.

You may undertake home based work only by agreement

8.5 Either you or the Bank can seek a home based work agreement. The approval of a home based work agreement is subject to the reasonable business requirements of the part of the Bank in which you work and the considerations outlined in Clause 8.6 below.

Considerations before home based work will be approved

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8.6 Home based work will be considered on a case by case basis and approval will be subject to the rules and conditions set out in the Bank’s home based work policy as amended from time to time, having regard to:

Occupational health and safety

Customer service and access

Security

Location, facilities and equipment

Reason/s for the application

Access to “tools of trade”

Additional costs involved

Accountability and productivity

Work relationships and team participation

Hours of work

Insurance, including WorkCover

8.7 For further details of the Bank’s home based work policy please refer to the policy which is available on the Bank’s intranet.

The home based work agreement must be in writing

8.8 A home based work agreement must be in writing, signed by you and the Bank, and be placed on your personnel record.

How the agreement can be terminated

8.9 The Bank or home based employee can end the agreement by giving the pre agreed period of notice, or immediately if the Bank identifies an occupational health and safety risk.

8.10 It is the Bank’s intention wherever practicable to retain the services of its employees and the Bank is committed to finding alternative employment where a home based work agreement is terminated. If, however, alternative employment is not possible, the Bank may terminate your employment in accordance with Clause 9. In such a situation, Clause 10 (Redundancy) will not apply.

Which provisions of this Agreement do not apply

8.11 The following clauses do not apply to home based work:

Clause 13 – The Hours You Work

Clause 14 – Overtime, Penalty Rates, Travel

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Clause 34 – Meal Money

Job Share

Definition

8.12 “Job share” is when two employees, not including a casual employee, and the Bank agree for those two employees to share the hours of duty of one position.

You may undertake job share only by agreement

8.13 Either you or the Bank can seek a job share agreement. The approval of the job share agreement is subject to the reasonable business requirements of the part of the Bank in which you work.

The job share agreement must be in writing

8.14 A job share agreement must be in writing, signed by you, the other job sharer and the Bank, and placed on your and the other job sharer’s personnel record.

Breach of the job share agreement

8.15 Should either job sharer breach the terms of the job share agreement on three or more occasions in a 6 month period, the Bank reserves the right to terminate the agreement by giving 4 weeks’ notice in writing to you and the other job sharer.

How the job share agreement can be terminated

8.16 If the agreement ends because:

a job sharer is dismissed; or

a job sharer resigns; or

a job sharer takes some unilateral action to bring the agreement to an end, including a breach under Clause 8.15;

then the Bank:

will try to find another suitably qualified employee to job share with you;

will inform you of any other vacancies for which you can apply; and

if a job share arrangement is not available, will explore all practicable avenues for alternative employment and will notify you of all other available positions for which you can apply.

8.17 It is the Bank’s intention wherever practicable to retain the services of its employees and the Bank is committed to finding alternative employment. However, if this is not possible, the Bank may terminate your employment in accordance with Clause 9.

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9 TERMINATION OF EMPLOYMENT

Notice of termination in accordance with the Act

9.1 You or the Bank may terminate your employment in accordance with the following notice requirements. Notice of termination must be in writing:

Length of Service Notice Period Required

Not more than 1 year 1 week

More than 1 year but not more than 3 yrs

2 weeks

More than 3 years but not more than 5 yrs

3 weeks

More than 5 years 4 weeks

9.2 If you are 45 years of age or older, the Bank will give you an additional one week’s

notice.

The Bank can pay out your notice

9.3 Instead of giving you the notice set out in Clauses 9.1 and 9.2, the Bank can pay you for the notice period or can reduce the notice period and pay you for the period of that reduction. If the Bank chooses to pay you instead of allowing you to work for your full notice period, it will calculate the amount it pays you on your full rate of pay for the ordinary hours you would have worked during the period of notice.

You have to give the Bank the same notice

9.4 If you decide to leave the Bank’s employment, then you must give to the Bank the same notice that it would have to give to you to terminate your employment, as set out in Clause 9.1. However, if you are 45 years of age or older you do not need to give the Bank the additional one week's notice.

9.5 If you do not give the Bank the proper notice required, the Bank may deduct up to one weeks’ wages for the employee from from any money it owes you.

Summary dismissal

9.6 The Bank has the right to terminate your employment without giving you notice if you engage in serious misconduct or for any other reason that enables summary dismissal at law.

Handover of duties

9.7 To ensure a smooth handover of your duties and that the Bank’s standards of service delivery are maintained, if you request to take annual leave during your notice period, the Bank may reasonably refuse your request for leave or alternatively may,

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at its discretion, allow you to take annual leave but extend your notice period by the period of leave that you take.

You can have paid time off to look for employment

9.8 If the Bank has given you notice, it will give you up to one day off without loss of pay so that you can look for other employment. You can take the time off when it is convenient for you, after you have consulted the Bank.

Reference or statement of service

9.9 The Bank is not obliged to give you a reference however a Statement of Service will be issued on termination.

You must repay any money you owe the Bank

9.10 Unless you have otherwise agreed with the Bank, you must repay to the Bank any money you owe it when you leave, whether or not the money is due to be paid, other than loans provided on terms available to Bank customers generally.

You must return the Bank's property

9.11 When your employment with the Bank ends you must return all documents, keys, uniforms and other property of the Bank including intellectual property of the Bank and any and all confidential information relating to or belonging to the Bank or its Associated Entities.

10 REDUNDANCY

10.1 If you are a full time or part time employee and your position becomes Redundant, the Bank will apply the provisions set out in this Clause.

The Bank will consult you and provide you with information about redundancies

10.2 If the Bank has made a definite decision based on its operational requirements that is likely to lead to it terminating your employment for reasons of Redundancy then the Bank will hold discussions with you.

10.3 It will hold these discussions with you as soon as practicable after it has made a definite decision which is likely to lead to it terminating your employment. It will discuss with you, among other things, any reasons for its proposal to terminate your employment, measures to avoid terminating employment or to minimise the total number of terminations and measures to mitigate any adverse effects on you.

The Bank may call for voluntary redundancies

10.4 If the Bank has made a decision based on its operational requirements that a position or positions are to become Redundant, and in the circumstances the Bank believes it appropriate, the Bank may, in its sole discretion, call for volunteers for Redundancy.

10.5 In the event the Bank elects to call for volunteers, it will adopt the following process:

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The Bank will call for volunteers. If the Redundancies are to occur in a particular section or branch of the Bank’s operations, the call for volunteers may be restricted to that particular section or branch.

The Bank will tell you how many positions and what classifications in each section or branch will be made Redundant.

You will be given a set time frame to consider whether or not you wish to volunteer for Redundancy. The Bank will set this time frame on a case by case basis depending upon the circumstances in which the Redundancy is occurring.

If you wish to be considered for Redundancy you will need to inform People and Culture within the set time frame. All communications between you and People and Culture will be kept strictly confidential.

If voluntary Redundancies are granted by the Bank, the Bank will nominate the date from which notice is to commence.

10.6 The Bank reserves its right not to grant you voluntary Redundancy based on its needs.

The Bank will give you time off during the notice period

10.7 If the Bank gives you notice that it is going to terminate your employment for reasons of Redundancy then it will give you up to one paid day off during each week of your notice period so that you can look for other employment. This may be used as a complete day off or in blocks of hours over several days adding up to a single day. This entitlement is in lieu of the entitlement in Clause 9.8.

10.8 If the Bank allows you more than one day off during the notice period so that you can look for other employment you must, if the Bank asks you to, give it satisfactory evidence that you used this time to seek alternative employment. If you do not give the Bank this proof then it will not pay you for the time you are absent from work. If you have to provide proof you can do so by giving a statutory declaration to the Bank.

What counts as service

10.9 If you are:

absent on any period of paid leave;

absent on unpaid community service leave in accordance with Division 8 of Part 2-2 of the Act;

on a period of stand down under Part 3-5 of the Act or your contract of employment; or

absent for up to 28 days in a year because of sickness or accident;

you will continue to accrue service for the purpose of this Clause.

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10.10 During other absences your employment will be suspended so you will not continue to accrue service, but your employment with the Bank will continue.

The Bank will give you notice and pay you severance pay

10.11 The Bank will give you four weeks’ notice that your position will be made Redundant (in lieu of the notice that would otherwise apply under Clause 9 of this Agreement). If you are over 45 years of age the Bank will give you an additional week’s notice. The Bank will also pay you the following severance pay:

Years of continuous service Weeks’ pay

0 to less than 1 8

1 to less than 2 10

2 to less than 3 12

3 to less than 4 14

4 to less than 5 17

5 to less than 6 20

6 to less than 7 23

7 to less than 8 26

8 to less than 9 29

9 to less than 10 32












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Years of continuous service Weeks’ pay









29 years or more 94

10.12 The Bank will calculate severance pay on your ordinary rate of pay (that is, your rate

of pay not including any loadings, allowances etc).

10.13 If the Bank terminates your employment for Redundancy you can end your employment during your period of notice and if you do so you will be entitled to the same amount of severance pay as you would have been entitled to if you had worked out the period of notice. However you will not be entitled to payment for the period of notice that you do not work out.

The Bank will offer Redundant staff outplacement services

10.14 If your position with the Bank is made Redundant and you are consequently given notice of termination of your employment, the Bank will offer you outplacement services with an approved external provider to assist you in finding new employment.

The Bank may transfer you to other duties

10.15 In the event of Redundancy, instead of terminating your employment, the Bank can redeploy you to work in an alternative role. If the Bank offers and you accept a transfer to a role with lower paid duties, your wage will be reduced to the mid-point of your new position over a six month period. The six month period will also apply to any relevant terms and conditions of employment which differ between your former position and your new position.

The Bank can find you alternative employment

10.16 If the Bank finds you comparable alternative employment irrespective of whether or not you accept the alternative employment, it does not have to pay you the severance pay outlined above.

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10.17 Where there is a transfer of business within the meaning of the Act and as a result your employment is transferred from the Bank to another entity (“other entity”), you are not entitled to the severance pay outlined above:

where you accept employment with the other entity which recognises the period of employment you had with the Bank and any predecessors of the Bank and your continuity of employment is not broken by the transfer of your employment; or

where you reject an offer of employment with the other entity:

in which the terms and conditions of the employment are substantially similar to and no less favourable, considered on an overall basis, than the terms and conditions you enjoyed at the time of ceasing employment with the Bank; and

which recognises the period of employment which you have had with the Bank and any prior employer to be service with the other entity.

Some employees exempted

10.18 If your employment is terminated for conduct justifying summary dismissal, if you are a casual employee, or you are employed for a specified period of time or for a specified task, the Bank will not pay you the severance payments contained in this Clause.

10.19 If your position is relocated in accordance with Clause 21 of this Agreement you will not be entitled to the benefits detailed in this Clause.

11 CONSULTATION

Notification of major change

11.1 Where the Bank has made a definite decision to introduce a major change to the production, program, organisation, structure or technology of its business and that change is likely to have a significant effect on employees of the Bank, the Bank must notify you of its decision to introduce the major change if you are affected by the change.

Consultation on major change

11.2 As soon as practicable after notifying you of its decision to introduce a major change in accordance with Clause 11.1, the Bank will discuss the nature of the major change with you. This may include discussions on the introduction of the change and the likely effect of the change on you, as well as any measures taken to avert or mitigate the adverse effects of the change on you.

11.3 For the purpose of discussions under Clause 11.2 the Bank will provide you with relevant information regarding the nature of the change and its likely effect on you. However, the Bank will not be required to disclose confidential or commercially sensitive information to you.

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11.4 The Bank will give prompt and genuine consideration to matters raised by you about the major change.

Nomination of representatives

11.5 If you are affected by the major change, you may appoint a representative for the purposes of the procedures in this Clause.

11.6 If you nominate a representative and you advise the Bank of the identity of the representative the Bank will recognise that representative for the purpose of consultation.

What constitutes a major change

11.7 For the purposes of this Agreement, a major change is likely to have a significant effect on you if it results in:

the termination of your employment by reason of Redundancy or restructure;

major change to the composition, operation or size of the Bank’s workforce or to the skills required of the Bank’s employees;

the need to relocate you to another workplace (except as otherwise provided for in this Agreement); or

the restructuring of jobs.

Changes to your regular roster or ordinary hours of work

11.8 If the Bank proposes a change to your regular roster or your ordinary hours of work, the Bank will:

notify you of the proposed change;

discuss the introduction of the change with you;

give you information about the proposed change (for example, information about the nature of the change and when the change is proposed to commence);

invite you to give your views about the impact of the change (including the impact on any family or caring responsibilities); and

consider your views about the impact of the change.

11.9 The Bank’s obligations under Clause 11.8 do not apply where you have irregular, sporadic or unpredictable working hours.

11.10 You can appoint a representative for the purposes of any consultations or discussions with the Bank under Clause 11.8.

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12 FLEXIBILITY ARRANGEMENTS

Terms of flexibility arrangement

12.1 You and the Bank may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if:

the arrangement deals with one or more of the following:

arrangements about when work is performed;

annual leave loading;

overtime rates;

penalty rates and loadings;

allowances; and

the arrangement meets the genuine needs of you and the Bank in relation to one or more of the matters listed above; and

the arrangement is genuinely agreed to by you and the Bank.

Compliance with the Act

12.2 The Bank will ensure that the terms of any individual flexibility arrangement entered into under this Clause:

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

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

result in you being better off overall than you would be if no individual flexibility arrangement was made.

Requirements of individual flexibility arrangement

12.3 The Bank will ensure that the individual flexibility arrangement:

is in writing;

includes both your name and the name of the Bank;

is signed by the Bank and you and if you are under 18 years of age, signed by a parent or guardian;

includes details of:

the terms of the Agreement that will be varied;

how the arrangement will vary the effect of the terms;

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how you will be better off overall in relation to the terms and conditions of your employment as a result of the arrangement; and

states the day on which the arrangement commences.

Copies of the individual flexibility arrangement

12.4 The Bank will give you a copy of the individual flexibility arrangement within 14 days after it is agreed to.

12.5 A copy of the individual flexibility arrangement will also be kept as part of the Bank’s records.

Cooling off period

12.6 A cooling off period of seven days from the signing of an individual flexibility arrangement will apply, during which you or the Bank may cancel the individual flexibility arrangement by giving 24 hours’ notice to the other party. Following the cooling off period, an individual flexibility arrangement must be terminated in accordance with Clause 12.7.

Termination of the individual flexibility arrangement

12.7 Subject to Clause 12.6, you or the Bank may terminate the individual flexibility arrangement:

by giving 28 days’ written notice to the other party to the arrangement; or

by written agreement at any time.

PART 2 HOURS, OVERTIME, SHIFT WORK, WORK LOCATION

13 THE HOURS YOU WORK

When are ordinary hours – all employees except shift workers

13.1 Ordinary hours are any hours worked between 7.00 am and 9.00 pm on any day from Monday through to Friday that do not exceed 10 hours, and between 7.00 am and 4.00 pm on Saturday, unless you and the Bank agree (in writing) to vary your span of ordinary hours.

You may receive additional payment for working at certain times

13.2 The Bank will pay you a loading in addition to your ordinary rate of pay in the following defined circumstances:

Ordinary hours worked after 9.00 pm on any day Monday through to Friday

When you have agreed to work these hours as part of your ordinary hours of work, the Bank will pay you a 25% loading (ie time and a quarter) for each hour worked after 9.00 pm on any day Monday through to Friday.

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Ordinary hours worked between 7:00am and4:00 pm on a Saturday

Where you have agreed to work these hours as part of your ordinary hours of work, the Bank will pay you a 50% loading (ie time and a half) for each hour worked.

Ordinary hours worked after 4.00 pm on a Saturday

Where you have agreed to work these hours as part of your ordinary hours of work, the Bank will pay you a 100% loading (ie double time) for each hour worked.

When do you work these ordinary hours

13.3 The actual days and times when you work your ordinary hours will be set by the Bank, having regard to the business needs of the Bank and, as far as practicable, your personal work preferences.

You can work shift work

13.4 The Bank can employ you to work shift work in accordance with the provisions of Clause 17, in which case Clause 13 and Clause 14 will not apply.

14 OVERTIME AND PENALTY RATES

You may be required to work overtime

14.1 The Bank may require you to work reasonable overtime.

What you will be paid for working outside the ordinary span of hours

14.2 Subject to Clauses 14.4 to 14.12, the Bank will pay you for any overtime you work as follows:

More than 10 hours after 7.00 am and before 9.00 pm Monday to Friday

If you work between 7.00 am and 9.00 pm for more than 10 hours on any day except Saturdays, Sundays, public holidays or gazetted bank holidays you are then working overtime and the Bank will pay you for your overtime at the rate of one and a half times your ordinary rate of pay for the first three and a half hours of overtime. After the first three and a half hours of overtime in a two week cycle the Bank will pay you at the rate of two times your ordinary rate of pay.

More than the maximum ordinary hours

If you work more than 76 ordinary hours in a two week cycle Monday to Saturday, then you are working overtime and the Bank will pay you for your overtime at the rate of one and a half times your ordinary rate of pay for the first three and a half hours of overtime. After the first three and a half hours of overtime the Bank will pay you at the rate of two times your ordinary rate of pay.

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Working on Saturdays

If you are employed at a branch on a full-time basis, you may be required to work every second Saturday and you will be paid overtime if you work over 76 hours. If you are employed on a full-time basis in a branch and you choose to work every Saturday, you will be paid at one and a half times your ordinary rate of pay. Alternatively, if the Bank requires you to work two Saturdays in a two week cycle you will be paid at two times your ordinary rate of pay for the second Saturday in the two week cycle.

Penalty rates

14.3 Subject to Clauses 14.4 to 14.12, the Bank will pay you the following penalty rates for hours that you work as follows:

Hours worked before 7.00 am

If you work before 7.00 am on any day except Saturdays, Sundays, public holidays or gazetted bank holidays, the Bank will pay you at the rate of one and a half times your ordinary rate of pay for the first three and a half hours that you work, provided that that you are not working ordinary hours under Clause 13 and being paid the applicable loading under Clause 13.2. After the first three and a half hours of working these hours in a two week cycle the Bank will pay you at the rate of two times your ordinary rate of pay.

Work on Saturdays before 7.00 am or after 4.00 pm

If you work on a Saturday before 7.00 am or after 4.00 pm, other than when working ordinary hours pursuant to Clause 13 and being paid the applicable loading under Clause 13.2, the Bank will pay you at the rate of two times your ordinary rate of pay.

Working on Saturdays between 7.00 am and 4.00 pm

If you work on a Saturday between 7.00 am and 4.00 pm, you will be paid at one and a half times your ordinary rate of pay.

Work on Sundays

If you work on a Sunday, the Bank will pay you at the rate of two times your ordinary rate of pay. The Bank will pay you for at least two hours’ work provided you are available to work for the two hours.

Work on public holidays and gazetted bank holidays

If you work on a public holiday or gazetted bank holiday, the Bank will pay you at your ordinary rate of pay plus:

o a penalty of 150% of your ordinary rate of pay for all hours worked; or

o time in lieu accrual at the rate of one and a half times your ordinary rate of pay.

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The Bank will pay you for at least two hours’ work on a public holiday or gazetted bank holiday, provided you are available to work the two hours.

Hours worked after 9.00 pm

If you work after 9.00 pm Monday to Friday except when it is a public holiday or gazetted bank holiday, and the work is not part of your ordinary hours pursuant to Clause 13, the Bank will pay you at the rate of one and a half times your ordinary rate of pay for the first three and a half hours worked in a two week cycle. After the first three and a half hours, the Bank will pay you at the rate of two times your ordinary rate of pay.

Head Office staff working in Branches on Saturday

14.4 If you are a head office staff member and you voluntarily work in a branch on Saturdays you will be paid at the rate of one and a half times your ordinary rate of pay for these hours (based on the applicable rate of pay for the work you are performing in the branch), if the hours you work in the branch are outside of your ordinary hours of work. However, overtime in the branch stands alone and these hours will not be taken into account for the purposes of calculating overtime payments in respect of any additional hours that you work within your department.

14.5 Any arrangement to work in accordance with Clause 14.4 must be agreed in writing by you and the Bank before you commence working under the arrangement.

Overtime/work during penalty time must be authorised

14.6 The Bank will only pay you for overtime and for work which attracts penalty rates where those hours of work have been authorised by your Manager before you have worked them.

Calculating overtime

14.7 Where you work overtime you will only be paid once for the one period of overtime that you work, even if it falls into more than one of the categories in Clauses 14.2 and/or 14.3.

14.8 The Bank will not count your meal breaks when adding up hours of overtime. The Bank will only count and pay you for each complete 15 minutes of overtime you work. Shorter periods will not accumulate.

14.9 The Bank will calculate all overtime on your ordinary rate of pay.

Calculating penalty rates

14.10 Penalty rates are non-compounding. Therefore, where you work hours that would entitle you to payment of more than one of the penalty rates under Clauses 13.2, 14.2 or 14.3, you will only be paid one of these penalty rates, that being the highest applicable penalty rate, for the hours that you work.

14.11 All penalty rates will be calculated on your ordinary rate of pay excluding any loadings payable under Clause 13.2.

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You can agree to different overtime conditions

14.12 You and the Bank can agree to overtime arrangements different from those in this Clause in accordance with Clause 12 - Flexibility Arrangements.

15 PAYMENT FOR TRAVELLING

15.1 If you are required to travel for work outside of your ordinary working hours to a location other than your normal place of work, the Bank will pay you for this additional time at the rate of one and a half times your ordinary rate of pay for each completed 15 minutes of travel. Travel time is only additional time travelled, therefore the time it would normally have taken you to travel to and from your normal place of work and home is not claimable. All travel time needs to be authorised by your Line Manager before it is commenced.

15.2 For the purpose of this Clause, your normal place of work includes all branches that you are ordinarily rostered to work at. If you are ordinarily rostered to work at multiple branches you are not entitled to payment for travelling between or to any of those branches.

Example:

You live 10 kms from the branch you normally work at. The Bank requires you to travel to another branch (outside of your ordinary working hours) that is 20 km from your home. You are able to claim travel time for the extra 10 kms you are required to travel.

This provision does not apply to Relief Staff. Travel hours for Relief Staff are outlined in the relevant policy, as amended from time to time. Please refer to the Bank’s intranet for further details.

16 TIME OFF IN LIEU

You can take time off instead of being paid overtime

16.1 If you are a full time employee and you ask the Bank and if the Bank agrees, you can take time off instead of being paid for some or all of your overtime. The amount of time you can take off is equal to the amount of overtime you worked and for which the Bank is not paying you. If you worked on a public holiday or gazetted bank holiday, the amount of time off is calculated at two and a half times your ordinary rate of pay.

Time off in lieu of Saturday work in a branch, if not part of your ordinary hours of work

16.2 If you are a full time employee and wish to take time off in lieu of overtime payments for working in a branch on Saturdays up to 12.30 pm, you must nominate your choice in writing and seek the Bank’s agreement. Once agreed, the arrangement will last for 12 months unless mutually agreed otherwise.

16.3 The amount of time you take off is equal to the amount of time you worked and for which the Bank is not paying you. While the Bank will try to meet your request for specific days off, the Bank reserves the right to meet the needs of the business. If you

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have not taken time off in lieu within three months of the time worked, it will be paid to you at the rate of one and a half times your ordinary rate of pay.

When time off in lieu is taken

16.4 You may take time off in lieu at any time, by agreement with your Manager and having regard to the needs of the business. Refer to the Bank’s CiAnywhere leave process to apply for time off in lieu. If your employment with the Bank ends or you cease to be eligible for paid overtime, then all accrued overtime shall be paid out at the rate of one and a half your times your ordinary rate of pay.

Time off in lieu may not be an option for some branches and departments

16.5 Due to the requirements of the business, a fully flexible time off in lieu system may not be available in all branches and departments. However, in most instances some time off in lieu system should be available. For example, full days off may not be available but half days could be implemented. If required, contact People and Culture to discuss time off in lieu options. Where sound practice permits, the Bank will always endeavour to provide time off in lieu.

16.6 To avoid doubt, this Clause also applies where you work shift work in a full time capacity under Clause 17.

17 SHIFT WORK

17.1 “Shift work” is when work by one or more employees is continued by one or more other employees rostered on a 24 hour, 7 day per week basis. In this case the Bank may require you to work shift work, including 12 hour shifts.

17.2 Any decision to implement shift work will be on terms agreed in writing between you and the Bank and on a voluntary basis.

17.3 If you work shift work, this Clause 17 will apply to you to the exclusion of Clause 13 and Clause 14.

Additional definitions

17.4 “Afternoon shift” is any shift rostered to finish between 6:00pm and 1:00am, where the greater part of that shift is worked Monday to Friday.

17.5 “Night shift” is any shift rostered to finish between 1:00am and 9:00am, where the greater part of that shift is worked Monday to Friday.

17.6 “Weekend shift” is any rostered shift, the greater part of which is worked on Saturday or Sunday.

17.7 “Public Holiday shift” is any rostered shift, the greater part of which is worked on a public holiday or gazetted bank holiday.

Shift loadings

17.8 Where you work shift work, the following loadings will apply:

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Afternoon shift

If you work on an afternoon shift you will be paid a 25% loading (ie time and a quarter) for each hour worked.

Night shift

If you work a night shift you will be paid a 50% loading (ie time and a half) for each hour worked.

Weekend shifts

If you work a weekend shift, you will be paid a 100% loading (ie double time) for each hour worked.

Public Holiday shift

If you work a public holiday shift, the Bank will pay you two and a half times your ordinary rate of pay. Alternatively, you may accrue time off in lieu at the rate of one and a half times your ordinary rate of pay. The Bank will also pay you for at least two hours’ work, provided you are available to work the two hours.

Overtime

17.9 The Bank may require you to work reasonable overtime.

17.10 Where you work overtime, the Bank will pay you at the rate of one and a half times your ordinary rate of pay for the first three and a half hours of overtime. After the first three and a half hours of overtime the Bank will pay you at the rate of two times your ordinary rate of pay.

17.11 You will work overtime where the overtime hours are authorised by your Manager before you work them; and:

you work more than 12 hours on any shift; or

you work more than 76 hours in a two week cycle (or if you are employed in Consumer Connection, where you work more than 152 hours in a four week cycle).

17.12 Where you are paid overtime, the shift loadings under Clause 17.8 will not apply.

18 CONSUMER CONNECTION STAFF

18.1 Employees employed in Consumer Connection will work on a roster system based on a 152 hour 4 week cycle. All other terms and conditions of this Agreement will apply, with any reference to 76 hours being deemed changed to and on the basis of a 152 hour 4 week cycle. If you are employed in Consumer Connection you will receive your roster, in writing, at least two weeks before the commencement of each roster cycle.

Voluntary express time

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18.2 Clauses 18.2 to 18.9 apply to employees employed within Consumer Connection only.

18.3 The purpose of this clause is to assist Consumer Connection to respond quickly to unexpected peaks in customer call volumes in the future.

18.4 During the course of this Agreement, it is expected that the Bank will implement technology to enable employees to log on to the Bank's systems remotely.

18.5 At times of peak call volumes, employees may, at their absolute discretion, volunteer to work additional time from a remote location. Time worked in these circumstances will constitute Voluntary Express Time (VET).

18.6 VET is intended to address short term peaks in customer call volumes only and, as such, employees will work a maximum of 3 hours of VET on each occasion.

18.7 Time worked as VET will be characterised as ordinary hours, subject to the following clauses:

Clause 14 (Overtime and penalty rates)

Clause 16 (Time off in lieu)

Clause 17.9 - 17.11 (Overtime for shift workers)

18.8 The following clauses of the Agreement will not apply to VET:

Clause 6.2 (Requirement for part-time employees to be rostered for a minimum of 3 hours)

Clauses 8.3 - 8.10 (Home based work)

Clause 13.2 (Hours of Work)

Clause 17.8 (Shift loadings for shift workers)

Clause 20 (Rest period & recall to work)

Clause 21 (Changes to locations or hours)

18.9 For the avoidance of doubt:

VET will not be rostered as part of an employee’s normal shift;

it is not a requirement of working in Consumer Connection that employees be available to work VET;

volunteering for VET will be at the absolute discretion of the employee.

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19 MEAL BREAKS AND REST INTERVALS

When you will be entitled to a meal break

19.1 Where you are rostered to work a shift of 5.5 hours or more, you will be entitled to a meal break in accordance with this Clause 19.1. Where you are rostered to work a shift of less than 5.5 hours, you will not be entitled to a meal break under this Clause but you will be entitled to rest intervals in accordance with Clause 19.3.

19.2 Where you are entitled to a meal break in accordance with Clause 19.1, you will not be required to work more than 5.0 hours without a meal break, unless mutually agreed. This meal break will not be more than one hour, and is unpaid. The Bank will direct you when to take your meal break.

Rest intervals

19.3 You may have two paid 10 minute rest intervals each day Monday through to Sunday, if you are rostered to work 5.5 hours or more in a day, and one paid 10 minute break if you are rostered to work less than 5.5 hours in one day. The times when the breaks are taken are to be at the discretion of your Supervisor or Manager.

20 REST PERIOD & RECALL TO WORK

You must have 10 hours off between work periods

20.1 You are entitled to at least 10 consecutive hours off duty between the end of your ordinary day or roster and starting ordinary work on your next day or roster unless you agree otherwise with the Bank or the Bank recalls you to work.

What happens if the Bank recalls you to work?

20.2 If the Bank recalls you to work without having 10 hours off duty, it will pay you double your ordinary rate of pay until it releases you from duty, with a minimum payment of one hour. You are then entitled to be absent until you have had 10 consecutive hours off duty without loss of pay for the ordinary hours you would normally have worked. Your time spent travelling back to work and home again is not to be considered as time worked. You can claim for reimbursement of the kilometres travelled back to work and home again as per Clause 37.

You may swap work periods with the Bank's consent

20.3 You may voluntarily swap work periods with another employee with the consent of the Bank. If you do, you are entitled to at least 9 consecutive hours off duty. If you swap work periods and you work so much overtime at the end of your first work period that you are unable to have 9 consecutive hours off duty before your next work period, you are not entitled to any period off duty or to any payment under this Clause.

21 CHANGES TO LOCATION OR HOURS

You may be transferred or seconded to another position on a short term basis

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21.1 The Bank may transfer or second you to another position, branch or department that is within reasonable travel time, by public transport, to where you currently live or work, on a short term basis (ie no longer than 3 months).

You may be transferred or seconded to another position on a long term basis

21.2 The Bank may transfer or second you to another position, branch or department that is within reasonable travel time to where you currently live or work, for a period of longer than three months provided it follows the process specified in Clause 21.9.

Relocation

21.3 The Bank may approach you to be transferred to a location that requires you to relocate (“Bank-initiated relocation”). A relocation will only occur where you and the Bank are in agreement.

21.4 Where you relocate for business purposes (Bank-initiated relocation as in Clause 21.3) the Bank will provide financial support. The level of financial support will depend on the individual staff member’s circumstances and is subject to approval by the Bank. For full details, refer to the Bank’s Relocation Policy, as amended from time to time, available on the Bank’s intranet.

You may request to change your hours of work

21.5 You may request at any time to change the number of ordinary hours you work and the days and times of working those ordinary hours. The Bank will consider this request, taking into consideration the needs of the business and your personal needs. The Bank, at its absolute and sole discretion, may agree to, or refuse, the request. Any agreement to change hours will be confirmed in writing to you.

The Bank may change your hours of work

21.6 The Bank may, from time to time, require a short term change to your hours of work. A short term change is a change that lasts for up to three months. You will revert to your former hours after completing the changed hours.

21.7 If the Bank proposes to make a short term change to your hours of work the following will apply:

If the Bank gives you less than 48 hours’ notice of the event, the Bank will pay you a loading of 50% calculated on your ordinary rate of pay for the hours you work outside your former ordinary hours.

If the Bank gives you less than 14 days’ notice but more than 48 hours’ notice it will pay you a loading of 25% calculated on your ordinary rate of pay for the ordinary hours you work outside your former ordinary hours.

21.8 The Bank will take into consideration your personal needs, particularly your family or carer responsibilities, or other genuine commitments before utilising Clause 21.6.

Long term change of hours or location

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21.9 The Bank may require you to change your hours of work (including the number of ordinary hours you work) and/or location on a long term basis (that is for a period of longer than three months). Before requiring such a change, the Bank will:

consult with you; and

give you 4 weeks’ notice of the change, or a shorter period if you agree.

21.10 The Bank is committed to considering all reasonable alternatives to balance your individual preferences with the needs of the business.

21.11 Where the Bank requires a change to your hours of work, it will consult with you in accordance with Clause 11.8.

PART 3 PUBLIC HOLIDAYS AND LEAVE

22 PUBLIC HOLIDAYS

Which public holidays will be observed?

22.1 In addition to any other leave entitlements you have under this Agreement, the following days shall be observed as holidays:

New Year’s Day

Good Friday

Easter Saturday

Easter Sunday

Easter Monday

Anzac Day

Christmas Day

Boxing Day

22.2 If any of the following days has been declared a public holiday in your State or Territory it shall be observed as a holiday:

Australia Day

Queen’s Birthday

Eight Hours Day/Labour Day

22.3 Whichever one of the following days is a declared public holiday in your Municipal District will also be observed as a holiday:

August Bank Holiday (New South Wales and Australian Capital Territory)

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Melbourne Cup Day (Metropolitan Melbourne)

Brisbane Royal National Show Day (Brisbane)

Adelaide Cup Day (South Australia)

Foundation Day (Western Australia)

Easter Bank Holiday (Tasmania)

Picnic Day (Northern Territory)

Other gazetted individual Town Show/Cup Days.

What happens if the Government changes the public holidays?

22.4 If your State, Territory or locality declares another day as a public holiday in substitution for one of the days listed in this Clause, the substituted day instead of the listed day will be observed as a holiday.

What if there are more public holidays in your State or Territory?

22.5 If in your State or Territory more days are declared public holidays than those listed in this Clause, those extra days will be observed as public holidays.

You can agree with the Bank to substitute another day for a public holiday

22.6 If you and the Bank agree, another day may be substituted for any of the holidays listed in this Clause.

Request to work public holidays

22.7 If you work in a part of the Bank other than in Consumer Connection, Access and Payment Systems, Consumer Processing or the Customer Advocate Office, the Bank may request that you work on a public holiday other than New Year’s Day, Good Friday, Easter Sunday, Anzac Day and Christmas Day.

22.8 If you work in Consumer Connection, Access and Payment Systems, Consumer Processing or the Customer Advocate Office, the Bank may request that you work on a public holiday other than Good Friday, Easter Sunday and Christmas Day.

22.9 Where the Bank is unable to request you to work on a public holiday in accordance with clauses 22.7 or 22.8, the Bank may seek volunteers to work on those public holidays. In these circumstances, an employee may choose to volunteer to work on these public holidays at their discretion.

Refusing to work public holidays

22.10 You may only refuse a request to work on a public holiday if the Bank’s request to work the public holiday is not reasonable or where you have reasonable grounds for refusing to work on the public holiday. The Bank will consider whether you have reasonable grounds for refusing a request to work a public holiday taking into

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account any factors set out in the Act, together with any other factors it considers relevant.

22.11 If your refusal to work a public holiday is not reasonable, you will be required to work the public holiday.

How you are paid for public holidays or gazetted bank holidays

22.12 If a public holiday or gazetted bank holiday falls on a day of the week when you would normally work, the Bank will pay you for the ordinary hours you would have worked if that day had not been a holiday.

How you will be paid for work on a public holiday

22.13 If you work on a public holiday or gazetted bank holiday that you are entitled to, Clause 14.3 will apply (or if you are a shift worker, clause 17.8 will apply).

23 ANNUAL LEAVE

Your entitlement

23.1 If you are a full time or part time employee you are entitled to four weeks' annual leave per annum. If you are a part time employee, you will accumulate paid annual leave on the basis of the number of ordinary hours you work in each two week cycle (to a maximum of 76 hours in any two week cycle).

23.2 If you are a seven day shiftworker regularly rostered to work on Sundays and public holidays in a part of the Bank where shifts are continuously rostered 24 hours a day for seven days a week, you will be entitled to an additional week’s annual leave in accordance with the NES.

23.3 The Bank will not count public holidays as annual leave.

How annual leave accrues, accumulates, and is credited

23.4 Annual leave will accrue and be credited to you in accordance with the Act on the basis of your ordinary hours of work in each two week cycle, to a maximum of 76 hours.

23.5 Unused annual leave will accumulate.

When you must take your leave

23.6 The Bank may direct you to take annual leave if:

you have the equivalent of two years’ service worth of annual leave credited to you (that is, 40 days for full time employees, pro rata for part time employees); and

you are directed to take no more than one quarter of the annual leave credited to you.

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Example:

If you are a full time employee who has an annual leave credit balance of 334.4 hours (or 44 days), the Bank may direct you to take 11 days’ annual leave (one quarter of your accrued entitlement).

If you are a part time employee who works two days per week and you have an annual leave credit balance of 121.6 hours (or 16 days), the Bank may direct you to take 4 days’ annual leave (one quarter of your accrued entitlement).

23.7 The Bank may also direct you to take leave for a period during which the Bank shuts down the business, or a part of the business, in which you work. If you do not have sufficient annual leave credited to you to cover such a period you may be directed to take unpaid leave, or at the Bank’s sole and absolute discretion, you may be able to take annual leave in advance of it being credited to you.

23.8 Unless otherwise approved by your Executive Member, you agree to take at least 10 consecutive days’ annual leave each year. This applies pro rata if you are employed on a part time basis, such that when you take a period of annual leave you have at least 10 consecutive business days off work.

23.9 You agree that the requirement to take leave in accordance with Clause 23.8 is necessary for your health, safety and welfare and is also necessary for genuine operational reasons pertaining to the Bank and the banking industry.

Reimbursement on cancellation of annual leave

23.10 The Bank will only consider reimbursement for any loss you suffer as a result of cancellation of annual leave where the expense was incurred after the taking of the annual leave was formally approved by the Bank, and the cancellation was initiated by the Bank for operational reasons.

What the Bank will pay you when you take annual leave

23.11 When you take annual leave the Bank will pay you your ordinary rate of pay for the ordinary hours you would have worked if you had not been on leave.

The Bank will pay you an annual leave loading

23.12 The Bank will pay you an annual leave loading of 17.5% calculated on the rate prescribed in Clause 23.11. The loading will be paid as part of your annual leave payment in your normal fortnightly pay whilst you are on leave.

You can take your leave in advance

23.13 You can take annual leave which has not yet accrued in advance if the Bank agrees to this. The Bank may elect to pay the annual leave loading when the leave is taken.

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You must pay back the Bank for leave you take in advance

23.14 If you have taken leave before it has accrued and your employment with the Bank ends before you have completed the period of continuous service in which it would accrue, the Bank can deduct an amount equivalent to your payment for that leave, including annual leave loading if any, from any money that it owes you.

Cashing out accrued annual leave

23.15 You can apply to cash out an amount of annual leave provided that:

you and the Bank agree in writing to the cashing out of the amount of annual leave;

each cashing out of a particular amount of annual leave is by separate agreement in writing between you and the Bank; and

after cashing out the period of annual leave you have a balance of 4 weeks’ annual leave remaining.

23.16 The Bank will only agree to you cashing out a period of annual leave in accordance with Clause 23.15 where you have taken leave as set out in Clause 23.8 in the 12 months preceding the request to cash out the period of annual leave.

23.17 Your leave will be cashed out at the rate equivalent to what you would have received had you worked your ordinary hours of work (in accordance with Clause 13) during the period of leave cashed out.

23.18 Leave loading of 17.5% will be paid on all annual leave cashed out under this arrangement.

The Bank will pay you for leave you have not taken if your employment ends

23.19 If your employment with the Bank ends, it will pay you for all your unused annual leave and will also pay you annual leave loading of 17.5% in respect of the payment to you of your unused annual leave.

Annual leave and parental leave

23.20 If you take parental leave, you and the Bank may agree that all your credited annual leave be taken at the commencement of your parental leave, or at the end of a period of paid parental leave.

If you are sick while on annual leave

23.21 If you are sick while on annual leave, the days you were sick will be changed from a deduction from annual leave entitlements to a deduction from your personal/carer’s leave entitlements, as long as you give the Bank a medical certificate from a registered health service provider for the days you wish to take as personal leave. Any leave loading paid on re-credited annual leave must be repaid to the Bank.

Annual leave must be authorised

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23.22 Annual leave can only be taken after you have completed a leave request form, and this request has been authorised by your Manager in CiAnywhere and submitted to the Payroll Department.

24 PERSONAL / CARER’S LEAVE (SICK AND CARER’S LEAVE), & COMPASSIONATE/BEREAVEMENT LEAVE

Definitions for this Clause 24

24.1 The term 'personal/carer's leave' means leave taken:

because you are not fit for work because of a personal illness, or personal injury, affecting you; or

to provide care or support to a member of your immediate family, or a member of your household, who requires care or support because of:

o a personal illness, or personal injury, affecting the member; or

o an unexpected emergency affecting the member.

24.2 The term ‘immediate family’ means:

your spouse (including former, de facto and former de facto), child (including adopted, step, ex-nuptial and adult), parent, grandparent, grandchild or sibling;

a child, parent, grandparent, grandchild or sibling of your spouse.

24.3 The term ‘de facto spouse’ means a person of the opposite sex or the same sex, who lives (or lived) with you as your husband, wife or partner on a genuine domestic basis.

Amount of paid personal / carer’s leave

24.4 If you are a full time employee you are entitled to 12 days’ paid personal / carer’s leave per annum. Personal / carer’s leave will accrue progressively during a year of service according to your ordinary hours of work and accumulates from year to year.

24.5 Part time employees are entitled to paid personal / carer's leave in accordance with the Act or in accordance with clause 24.4 (pro-rated based on the employee's ordinary hours of work) whichever is the higher entitlement.

Paid personal / carer’s leave

24.6 Where you have exhausted your paid personal / carer’s leave and you wish to continue being paid for personal /carer’s leave you take, you agree that the Bank can deduct days of personal / carer’s leave from your accrued but untaken annual leave.

Notification

24.7 If you are employed in any section of the Bank other than in Consumer Connection and require personal/carer's leave, you must notify your Manager or, in their

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absence, the next level of line management, within one hour of your normal commencement time or, if that is not possible, as soon as practicable thereafter.

24.8 If you are employed in Consumer Connection and require personal/carer's leave, you must notify your Manager or, in their absence, the next level of line management, at least two hours prior to your rostered start time or, if that is not possible, as soon as practicable thereafter.

24.9 A sick leave notification must be completed by you in CiAnywhere and forwarded to your Manager for authorisation upon your return to work.

24.10 A medical certificate (from a registered health service provider) or a statutory declaration, will be required where such an absence is for more than two consecutive working days, or where the absence is on the working day immediately prior to or after a public holiday, or where you have had more than 6 days’ personal / carer’s leave absences in a year (based on your anniversary date) without a medical certificate.

24.11 Please refer to the Bank’s personal leave policy (available on the intranet) for a list of health professionals regarded as registered health service providers for the purpose of obtaining medical certificates under Clause 24.10.

On termination you may receive a bonus

24.12 If you were employed with the Bank on 15 December 2015, when your employment with the Bank ends, you will be paid a bonus based on the lesser of:

the amount of personal /carer’s leave you have accrued (but have not taken) as at the date your employment with the Bank ends; or

your Unused Personal Leave Bank (as defined in Clause 1.3).

Your bonus will be paid in accordance with the following table.

Years of Service on termination date

% of leave

less than 5 10.0 5 but less than 10 15.0 10 but less than 15 20.0 15 or more 25.0

24.13 To be clear, you will only be entitled to a bonus under clause 24.10 if you were

employed with the Bank on 15 December 2015, being the commencement date of the Bendigo and Adelaide Bank Enterprise Agreement 2015-2018.

Paid carer’s leave

24.14 If you have responsibilities in relation to members of your immediate family or household who need your care and support, you are entitled to use your personal /carer’s leave entitlements when they require care or support because of a personal illness, or personal injury, affecting the member; or an unexpected emergency affecting the member. Leave may be taken for part of a single day.

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24.15 The entitlement to use personal / carer’s leave is subject to you being responsible for the care of the person concerned.

24.16 You must, if required by the Bank, establish by production of a medical certificate that the illness or injury is such as to require care by another.

24.17 In normal circumstances you must not take carer’s leave under this Clause where another person has taken leave to care for the same person.

24.18 Where practicable, you must give the Bank notice of your intention to take personal / carer’s leave. You must also tell the Bank:

the name of the person requiring your care;

their relationship to you;

the reasons for taking such leave; and

the estimated length of absence.

24.19 If it is not practicable for you to give prior notice of your absence, you must notify your Manager, or in their absence, the next level of line management by telephone of such absence as soon as is reasonably practicable on the day of absence.

Unpaid carer’s leave

24.20 In the event you have exhausted your paid personal / carer’s leave entitlements, or you are employed on a casual basis, you are entitled to a period of up to two days' unpaid carer's leave per occasion in the event a member of your immediate family or household requires care or support because of:

a personal illness or injury of the member; or

an unexpected emergency affecting the member.

24.21 The two days' unpaid carer's leave do not need to be taken consecutively.

Bereavement / Compassionate Leave

24.22 If you are employed on a full time or part time basis, you are entitled to up to five days’ bereavement leave on each occasion a member of your immediate family or household dies.

24.23 You may use a maximum of two days of your paid bereavement leave per occasion as compassionate leave to spend time with a member of your immediate family or household who contracts or develops an illness or sustains an injury that poses a serious threat to their life.

24.24 For any bereavement /compassionate leave you take, you must provide the Bank with any evidence that it reasonably requires of the illness, injury or death.

24.25 The days you take as compassionate leave and /or bereavement leave, do not need to be taken consecutively.

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24.26 If a death of an immediate family member occurs outside Australia, you may request that the Bank provide you with an additional two days’ paid leave to be taken as bereavement leave to attend the funeral.

24.27 In addition to the entitlement to bereavement and compassionate leave set out in this Clause, the Bank may, in its sole discretion, allow you a ‘Funeral Day’ to attend the funeral of a sibling’s child (ie your nephew or niece) or the funeral of your uncle or aunt.

24.28 The Bank acknowledges that every family dynamic is different and when considering requests under clause 24.25 and clause 24.26 it will look at the special circumstances of each individual case.

24.29 You may request leave in addition to the entitlements set out in this Clause. This request needs to be directed to your Line Manager who will seek direction and approval from People and Culture.

Unpaid compassionate leave

24.30 If you are a casual employee, you will be entitled to two days’ unpaid compassionate leave per occasion to spend time with a member of your immediate family or household who contracts or develops an illness or sustains an injury that poses a serious threat to their life or dies.

Death of a pet

24.31 The Bank recognises the significant emotional impact the loss of a pet may have on an employee. Whilst bereavement /compassionate leave is not applicable in these circumstances, employees should consider accessing other leave if they are unable to attend work.

25 PLANNED ABSENCE

25.1 You may take two separate days as “Planned Absence” each year (based on your anniversary date) provided you give your Manager at least two weeks’ notice and there are no known absences in your Department/Branch proposed for the day requested. Your Planned Absences will not accumulate each year and cannot be used in conjunction with annual or personal / carer’s leave or time off in lieu.

25.2 Your Planned Absence Days can be used for any purpose, with authorisation from your Manager, and will be deducted from your personal / carer’s leave accruals. The purposes for which your Planned Absence Days can be used include Preventative Health Care.

25.3 Subject to the conditions set out in this Clause, a Planned Absence can be taken before or after a public holiday.

25.4 You do not need to provide a medical certificate, and days taken will not count as part of your 6 personal / carer’s leave absences in a year for which a medical certificate is not required.

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26 PARENTAL LEAVE

Unpaid parental leave

26.1 You may be entitled to unpaid parental leave as provided for in the NES. The NES provides for unpaid parental leave entitlements including:

Eligibility requirements

Basic leave entitlements

Notice and evidence requirements

Extending/reducing leave

Transfer to a safe job

Consultation

Return to work guarantee

How much unpaid leave is available?

26.2 Depending upon your circumstances and providing that you meet eligibility and notification requirements under the Act, you and your spouse can each take up to 12 months’ leave in relation to the birth or placement of a child (less any period of concurrent leave taken by a member of the employee couple).

Extension of your unpaid parental leave

26.3 If you have taken 12 months’ unpaid parental leave (“the initial period”), you may request that the Bank agree to an extension of unpaid parental leave for a further period of up to 12 months immediately following the end of the initial period.

26.4 If you are a member of an employee couple and you and your spouse will both be taking a period of unpaid parental leave in relation to the birth or adoption of a child, the period of any extension you apply for will be reduced by any period of unpaid parental leave that your spouse has taken or will have taken in relation to the child.

26.5 The request for an extension must be in writing and must be given at least 4 weeks before the end of the first 12 month period.

26.6 The Bank will provide you with a written response to your request no later than 21 days after the request is made. The Bank may refuse your request on reasonable business grounds.

Paid parental leave

26.7 If you take an approved period of unpaid parental leave of 12 weeks or more, during which you will have primary responsibility for the care of your child, you will receive a payment equal to 12 weeks’ pay (based on your ordinary rate of pay and ordinary hours of work at the time you commence leave). Instead of receiving a

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payment equal to 12 weeks’ pay, you may elect to receive the payment over 24 weeks at half-pay.

26.8 If you receive a payment in accordance with clause 26.7 the Bank will make a superannuation contribution in respect of that payment. These contributions will be made at the applicable minimum superannuation contribution rate (which is currently 9.5% but may change from time to time) into your nominated superannuation fund or, if you have failed to nominate a superannuation fund, into the Bendigo and Adelaide Bank Staff Superannuation Plan, or its successors.

26.9 If you are a member of an employee couple and your spouse is taking a period of unpaid parental leave and you take a period of unpaid parental leave concurrently with your spouse’s leave, upon complying with notice and evidentiary requirements under the Act, you will receive a payment equal to the amount of leave that you take, up to the value of two weeks’ pay (based on your ordinary rate of pay and ordinary hours of work at the time you commence leave). If you later take on the principal caring role for your child and apply for a period of unpaid parental leave, any entitlement to paid parental leave under Clause 26.7 will be reduced by the period of paid parental leave you receive under this Clause 26.9.

26.10 You may elect to receive your payment when you commence parental leave, when you return to work from parental leave or in accordance with your usual pay cycle during your period of parental leave. You will need to advise the Payroll Department before commencing leave which payment option you would like to take. If the Payroll Department is not contacted your payment will be made in accordance with your usual pay cycle during your period of parental leave.

26.11 If both you and your partner are employees of the Bank, then subject to meeting the eligibility requirements, you will both be entitled to paid parental leave in accordance with Clause 26.7 to Clause 26.10.

27 LONG SERVICE LEAVE

27.1 You are entitled to long service leave. Refer to the applicable long service leave legislation in the State or Territory in which you work for details of your entitlement.

27.2 The Bank may approve the taking of long service leave at half pay, provided that it is consistent with the Bank’s operational requirements and the requirements of applicable long service leave legislation.

“Cashing out” your long service leave

27.3 Where the long service leave legislation in your State or Territory permits, you may ask the Bank to pay all or part of your long service leave entitlement instead of taking that leave. Where the Bank agrees to that request, the long service leave payment will be made in accordance with the applicable long service leave legislation.

28 NATURAL DISASTER AND COMMUNITY SERVICE LEAVE

28.1 You will be entitled to unpaid community service leave, in accordance with the Act. In addition and at the Bank’s discretion you may also be granted unpaid leave in the

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event you are required to provide service in the event of a natural disaster which results in damage to your private property.

28.2 The Bank may, at its sole discretion, grant you with paid leave in the event you are eligible or are granted unpaid leave in the circumstances set out in Clause 28.1. The approval of paid leave is at the discretion of your Executive Member.

28.3 If you are granted leave under this Clause, the leave granted will be in addition to your other leave entitlements under this Agreement.

29 DOMESTIC VIOLENCE LEAVE

29.1 The Bank is committed to assisting employees who are victims of domestic violence and who require time off work to attend medical appointments, to seek legal assistance, to attend court, to attend counselling, to relocate or to make other safety arrangements. The Bank may agree to provide you with paid domestic violence leave for this purpose.

29.2 The amount of any paid domestic violence leave provided to you will be determined on a case by case basis, through consultation between you, your Line Manager and/or People and Culture.

29.3 Employees, including casual employees, are entitled to unpaid family and domestic violence leave in accordance with the Act.

30 NATIONAL EMPLOYMENT STANDARDS

Should any term of this Agreement be less favourable to you than the NES, the NES will prevail over the term of this Agreement to the extent that the term of this Agreement is less favourable.

31 EXTENDED LEAVE WITHOUT PAY

Definition

31.1 Extended leave without pay is unpaid leave for purposes such as study, travel, other work experience or to care for a member of your immediate family.

Eligibility

31.2 Extended leave without pay is only available if you have had at least two years’ continuous service with the Bank. Application for this leave must be made at least eight weeks before the proposed commencement date of the leave.

31.3 Approval of the leave is at the absolute discretion of your relevant Executive Member or their delegate.

Availability

31.4 Extended leave without pay may be for up to 12 months but may, with the approval of the relevant Executive Member or their delegate and in special circumstances, be extended by the taking of accrued annual leave or long service leave.

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31.5 The Bank is not obliged to find you a position upon your return to work if you take extended leave without pay of more than 12 months. In such circumstances, Clause 10 (Redundancy) will not apply.

Continuity of service

31.6 During your extended leave without pay your leave entitlements will not continue to accrue and this period of absence does not form part of your total period of service, including for the purposes of Clauses 9 (Termination of Employment) and 10 (Redundancy) of this Agreement.

Variation and return to work

31.7 Extended leave without pay may be varied with the approval of the Bank, provided you give the Bank not less than 4 weeks’ written notice of the variation sought.

31.8 You must give the Bank written notification of your intention to return to work at least 4 weeks before your leave ends.

31.9 Unless Clause 31.5 applies, when you return to work you will be engaged in a position of equivalent status to, and not less remuneration than, your position when you commenced the leave.

32 JURY SERVICE

Entitlement

32.1 Where you are required to attend for jury service under an applicable law you will be entitled to jury service leave.

32.2 While you are on approved jury service leave the Bank will continue to pay you at your ordinary rate of pay for your ordinary hours of work. The Payroll Department will deduct the amount you receive in respect of your jury service leave (excluding travel costs) from your ordinary rate of pay in the next available pay period.

Notification and Evidence

32.3 Where you need to take jury service leave, you must notify the Bank as soon as practicable and tell the Bank of the period, or expected period, of your absence.

32.4 You must provide the Bank with evidence of your attendance and the duration of your attendance on jury service. Your absence must be recorded as jury service on CiAnywhere and submitted to your Line Manager. If you do not comply with these requirements you may not be eligible for paid jury service leave.

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PART 4 WAGES AND RELATED MATTERS

33 YOUR WAGE

Junior rates

33.1 If you are the age of 20 or below and employed as a Grade 1, Grade 2 or Grade 3, the Bank will pay you the relevant percentage of the applicable adult grade rate as set out below.

Under 17 60%

17 years of age 70%

18 years of age 80%

19 years of age 90%

Adult rates

33.2 If you are over the age of 20, the Bank will pay you at least the minimum rate of the relevant grade set out below (as increased as a result of clause 33.7).

minimum per annum maximum per annum

Grade 1 $39,956 $50,176 Grade 2 $43,756 $54,457 Grade 3 $50,229 $63,003 Grade 4 $55,358 $74,209 Grade 5 $64,782 $79,129

How you will be graded

33.3 You will be graded according to the following definitions:

Grade 1

If you are employed in this Grade you may be an initial recruit who has little relevant experience. You will work under relatively close direction and within standard and established procedures.

Typically a position such as Office Services Clerk would be placed at this grade.

Grade 2

If you are employed in this Grade you will perform routine activities and will:

• have worked in a relevant field, have an understanding of the work principles to be performed and have the ability to successfully undertake and be accountable for the activities within your position;

• have a basic knowledge of standard department/ branch procedures and an understanding of products and services;

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• be required to perform basic office tasks and process standard documentation, cashier functions, data entry, etc;

• answer queries from internal/external customers using knowledge of specific business activities and drafting correspondence specific to your job;

• work within established guidelines and procedures and under direct supervision;

• be expected to identify opportunities and risks within your own role and participate in continuous improvement initiatives. Decision making is in-line with standard procedures; and

• effectively communicate with your supervisor, team members and customers and may require some sales skills.

You may also be required to provide office-based training to administrative staff.

Typically a position such as Delphi Customer Service Officer would be placed at this grade.

Grade 3

If you are employed in this Grade you will perform a range of more complex duties than Grade 1 and 2 employees, exercising sound levels of judgment, initiative, confidentiality and sensitivity. Tasks are routine but broad and may change regularly during a working day. You will:

• have a significant degree of competence and experience, which comes from working in a relevant field. Along with a sound understanding of the principles of the work to be performed, the ability to successfully undertake all the normal requirements of the work and a sound appreciation of the activities involved;

• operate under limited supervision or direction;

• require problem solving skills where the similarity of problems is encountered, with resolution possible from a range of options or by applying acquired knowledge and can recommend improvements to procedures within your work area;

• provide factual advice and information which require proficiency in your area’s policies and procedures. Work can require recognition of unusual issues needing expert advice;

• require skills in assigning work associated with supervising other staff (not including undertaking performance appraisals); and

• have sound and effective communication and influencing skills to interact with the supervisor, team members, customers and senior managers as required and may also require sales skills.

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Typically positions such as Customer Service Officer and Customer Consultant would be placed at this grade.

Grade 4

If you are employed in this Grade you will exercise high levels of judgment, initiative, confidentiality and sensitivity. Work will involve addressing a wider range of problems with more freedom to think. You will:

• have worked or studied in a relevant field for sufficient time to ensure competence to undertake and advise on the full range of requirements of work and have the ability to perform a variety of activities which involve special or unusual features of the work;

• have demonstrated previous experience in a customer service or sales role and may require expert knowledge in a specific field;

• be capable of functioning autonomously and prioritising work, within guidelines and established procedures;

• interpret policies and procedures for your area, have a sound knowledge of statutory requirements relevant to your work and provide advice to both internal and external customers;

• analyse aspects of a system or process, anticipate and address operating problems and recommend improvement opportunities to higher levels for decision;

• be expected to provide recommendations for problems outside the scope of established procedures and policies or those that are not clearly defined;

• act as a first point of reference for information, for other team members;

• require broader skill sets in assigning and reviewing work associated with supervising other staff (may also provide input into performance appraisals); and

• have strong interpersonal, communication and influencing skills.

Typically positions such as Customer Relationship Officer, Assessment Officer and Customer Service Supervisor would be placed at this grade.

Grade 5

If you are employed in this Grade you will be the sole specialist in your area of the Bank or have overall responsibility for a team of employees. You will:

• have specialist knowledge and understanding of a particular field acquired either through a formal qualification or considerable experience at a Grade 4 level;

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• be responsible for a team and/or have responsibility for a particular location. This may include the responsibility for planning, direction and evaluation of operations within a work area or project;

• develop or review guidelines, procedures, or processes for an area and make recommendations for implementation;

• have sound problem solving skills, where problems encountered require evaluation of alternatives according to their impact on the team, activity or area. Resolution recommendations are based on consideration of multiple sources of information (policies, procedures, acquired knowledge and experience) and consequences of chosen actions;

• address diverse problems and solutions not always available from procedural guidelines or precedents and have the discretion to act outside current procedures;

• provide expert advice on matters of complexity within the work area and/or specialised area;

• require a range of people management skills (including performance management, appraisal, coaching and development) and be required to supervise staff; and

• have well developed interpersonal communication and influencing skills, including negotiating skills.

Typically positions such as Middle Markets Officer and Customer Relationship Manager would be placed at this grade.

The Bank may pay you for working at a higher grade

33.4 If you are required to perform the majority of the duties in a higher grade for 3 or more consecutive working days, excluding public holidays:

you will be paid for the ordinary hours worked at not less than the minimum rate for the higher grade if you are completing an agreed majority of that higher role;

you will be paid a minimum of $15.00 per day where the difference between your ordinary rate of pay and the minimum rate for the higher grade is less than $15.00 per day;

you will be paid at the agreed higher rate for any public holidays that fall within the period that you are fulfilling the higher role if you are fulfilling that role for a minimum of 5 working days (this period includes the public holiday); and

you will receive no additional payment where you are working in a higher grade position in a training capacity as part of a Bank recognised job rotation/development program.

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33.5 The arrangement of the higher duties and the payment for this must be discussed between you and your Manager and mutually agreed before the commencement of the higher duties.

You may agree to non Agreement benefits

33.6 If you are a full time or part time employee, you and the Bank may agree to a rate of pay below the applicable rate set out in Clause 33.2 , in exchange for the provision of employment benefits e.g. superannuation salary sacrifice, whether contained in this Agreement or not. Any agreement reached under this Clause must be in writing, signed by both you and the Bank, and placed on your personnel file.

Wage increases

33.7 The minimum and the maximum rates of pay set out in Clause 33.2 and your ordinary rate of pay will be increased for the life of this Agreement as follows:

2.5% from the first pay period in December 2018.

3% backdated to the first pay period in December 2019.

3% from the first pay period in December 2020.

3% from the first pay period in December 2021.

33.8 For the avoidance of doubt, the 2.5% pay increase effective December 2018 provided for in clause 33.7 has already been passed onto employees and will not create an additional backpay entitlement.

33.9 Following the commencement of negotiations for a new enterprise agreement under Clause 2.2, the Bank agrees that the first of any wage increases agreed to under those negotiations will apply from the first pay period commencing in December 2022.

34 MEAL MONEY

Unless you are a shift worker the Bank will pay you $20.00 for a meal if it requires you to work more than 10 hours in any one day and you finish work after 6.30 pm, unless the Bank provides you with an adequate meal.

35 SUPERANNUATION

Employer contributions

35.1 The Bank will make employer superannuation contributions, as required by the Superannuation Guarantee (Administration) Act to avoid the imposition of the Superannuation Guarantee Charge, into your nominated superannuation fund. If you fail to nominate a superannuation fund contributions will be made into the Bendigo and Adelaide Bank Staff Superannuation Plan, or its successors.

Employee contributions

35.2 By agreement the Bank may facilitate employee contributions through the payroll system to your nominated superannuation fund.

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Salary sacrifice superannuation contributions

35.3 Subject to any limitations imposed by the Australian Tax Office, the Bank will make salary sacrifice contributions to your nominated superannuation fund in accordance with Scheme rules equal to the amount of your foregone salary on your behalf and with your consent.

36 ACCIDENT COMPENSATION MAKE-UP PAY

When you are entitled to make-up pay

36.1 If you suffer a workplace injury while employed by the Bank and are entitled to receive accident compensation under the appropriate State legislation, you will also be entitled to receive make-up pay from the Bank.

36.2 If you are receiving accident compensation payments, you must provide the Bank with evidence of your payments if the Bank asks you for such evidence. You will not be entitled to make-up pay if you do not provide evidence of your accident compensation payments when the Bank requests it.

What you are entitled to and for how long

36.3 Make-up pay is a weekly payment which covers the difference between what you receive in direct compensation and your ordinary rate of pay. This payment can continue for a maximum of 39 weeks in respect of any one particular injury. You are not entitled to make-up pay while you are on any other paid leave.

Your entitlement may end sooner

36.4 If a doctor declares you fit for certain work, and the Bank makes that work available at the relevant minimum rate of pay applicable to that work under this Agreement, and you reject or fail to commence that work, make-up pay will cease from the date you refuse to work or fail to perform the work

What you must do if you claim damages or settle your claim

36.5 You must tell the Bank if you start any action or claim for damages relating to your injury. You must authorise the Bank, if it asks you, to obtain information on the progress of the action or claim from your solicitors. You must give the Bank an authority, if it wants it, allowing it a charge on any money payable pursuant to any verdict or settlement relating to your injury. Make-up pay also ceases where you obtain common law damages or a settlement of those damages against the Bank or another person as a result of the injury and you must pay back any make-up pay you received from the Bank if the damages or settlement were not reduced by the amount of that make-up pay.

37 ALLOWANCE FOR USING YOUR VEHICLE

The Bank will pay you an allowance if you use your vehicle

37.1 If you use your vehicle in connection with the Bank's business in circumstances approved by the Bank, it will reimburse you on the basis of the applicable “cents per

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kilometre” rates established by the Australian Taxation Office for travel in excess of your normal travel from home to work. Please refer to the Bank’s intranet for further details of the applicable rate of reimbursement.

If public transport is a reasonable alternative

37.2 If using public transport is a reasonable alternative to using your vehicle in accordance with Clause 37.1, the Bank may request that you use public transport rather than using your vehicle. In this case, the Bank will reimburse the cost of the public transport.

37.3 If the Bank requests that you use public transport in accordance with Clause 37.2 and you do not agree to use public transport but elect to use your vehicle, you will only be reimbursed the cost of the public transport, you will not be entitled to reimbursement under Clause 37.1.

If the Bank provides a vehicle

37.4 If the Bank provides you with a vehicle in connection with the Bank’s business in circumstances approved by the Bank, it will pay all expenses of the vehicle excluding fines (e.g. parking, traffic offences and other fines), as per the Bank’s Motor Vehicle Policy and Procedures, as amended from time to time, however these policies and procedures do not form part of this Agreement. Clause 37.1 will not apply if you are provided with a vehicle under this Clause.

38 UNIFORM ALLOWANCE

If you are required to wear a corporate uniform, the Bank will pay you an allowance of $13.00 per fortnight.

39 JOURNEY INSURANCE

39.1 The Bank will continue during the life of this Agreement to provide Journey Insurance for all employees covered by this Agreement. Journey Insurance covers you for personal accidents which may occur whilst travelling to and from work and where you are not covered by Transport Accident Commission or other insurance or compensation arrangements.

39.2 Journey Insurance covers you for loss of income, as defined in the Journey Insurance policy, for up to two years, and is subject to the Bank’s Policy on Journey Insurance, as amended from time to time. However, this policy is not incorporated into this Agreement.

PART 5 RELATIONSHIP WITH THE UNIONS

40 INFORMATION SHARING

The Bank agrees that you:

will have access to a copy of this Agreement;

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may receive and respond to relevant and authorised Union material by email, telephone or fax;

may contact your Union via e-mail, telephone or fax;

have a right to reasonable use of the electronic facilities of the Bank for Union bargaining, dispute or any other industrial purposes, including access to the websites of the Unions; and

will be provided with access to a notice board, or a share of a notice board, for authorised Union information to be communicated.

41 TRAINING LEAVE

Entitlement

41.1 Subject to Clause 41.4, if you are elected or appointed as a Union Representative, you will be allowed up to two days’ paid leave each calendar year to attend training courses conducted or approved by your Union (“training leave”).

41.2 Training leave granted in accordance with this Clause will count as service for all purposes of this Agreement.

41.3 You will be paid at your ordinary rate of pay for leave approved in accordance with this Clause.

Amount of training leave provided by the Bank

41.4 The combined number of days of training leave allowed for by the Bank under this Clause is 20 days in each calendar year from the anniversary of this Agreement. This training leave cap applies to all training leave, regardless of Union membership. Where the 20 day training leave cap has been met, the Bank will consider requests to undertake additional Union training on a case by case basis. In this instance you may be required to take annual leave or unpaid leave.

Applications for training leave

41.5 The Union must apply for training leave on your behalf, in writing, at least 4 weeks prior to the date of the proposed course (or such lesser period as may be agreed by the Union and the Bank). The Union’s application to the Bank must contain the following details:

the period of time for which leave is sought;

a description and the content of the course to be attended; and

the expected duration of the course.

41.6 The granting of training leave is be subject to the business and operational requirements of the part of the Bank in which you work and the Bank being able to make adequate staffing arrangements amongst current employees during the period of your leave.

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Pre-conditions for training leave

41.7 The Bank may require that you provide proof of attendance at a course before payment is made for the period of training leave.

41.8 All expenses associated with attending a training course as provided for in this Clause are the responsibility of your Union.

41.9 You must have at least 6 months’ continuous service with the Bank before being entitled to training leave under this Clause.

42 WORKPLACE REPRESENTATIVE RIGHTS

42.1 The Unions may appoint at least one Union Representative in each workplace.

42.2 Your appointment as a Union Representative remains in force while you are employed at the workplace, unless the authority is rescinded by the Union.

42.3 If you are appointed as a Union Representative the Union must notify People and Culture as soon as reasonably practicable.

42.4 For the purposes of this Clause 42, the term “workplace” may include a branch, team or department.

42.5 On receiving written notice from a Union that you have been appointed as a Union Representative, the Bank will allow reasonable time and reasonable use of Bank facilities (including telephone, facsimile, post, photocopying, and e-mail ) during working hours to enable you to attend to the following duties as Union Representative:

Representing and consulting members in enterprise bargaining.

Representing members in performance or disciplinary meetings with the Bank.

Discussing with Union members any issues they have directly relating to the work they perform.

Discussing with an accredited Union official matters raised by members.

Receiving instructions from the Union about performance of Representative duties.

Discussing with the Bank's representatives, matters raised by members concerning their employment.

42.6 To the extent reasonably practicable, you should endeavour to attend to the duties and responsibilities set out in this Clause 42 during meal and rest breaks and outside of working hours in order to minimise disruption to the business and the performance of your work.

PART 6 DISPUTE SETTLEMENT

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43 DISPUTE SETTLEMENT PROCEDURE

43.1 If you have any grievance or concern about your employment, (other than a matter relating to or resulting from the suspension or termination of your employment) or in relation to the NES, you should raise this issue with your Line Manager. Your Line Manager must, as far as is reasonably practicable, deal with your concern seriously, expeditiously and with due care and respect for you.

43.2 If after speaking with your Line Manager the matter is not resolved, or if it is not appropriate to raise the grievance or concern with your Line Manager, you may refer the matter to People and Culture to be resolved.

43.3 If after the matter has been referred to People and Culture it is still not resolved, the matter may be referred to an agreed independent mediator.

43.4 If after the matter has been referred to an independent mediator it is still not resolved, or in the event the parties cannot agree on an independent mediator, the matter may be referred to an agreed independent arbitrator. If the parties cannot agree on an independent arbitrator, the parties agree to use an independent arbitrator appointed by the President of the Institute of Arbitrators and Mediators Australia.

43.5 The Bank will pay the fees of the independent mediator or arbitrator appointed under this Clause.

43.6 You may appoint someone, to represent you or act as your support person at any stage of this dispute resolution process, this may include your Union.

43.7 If the matter is determined by arbitration, the parties agree that the decision made by the arbitrator is final and binding on both the parties.

43.8 While the matter is being resolved, you must:

continue to work in accordance with this Agreement, unless you have a reasonable concern about an imminent risk to your health or safety; and

comply with any reasonable direction given by the Bank to perform other available work, either at the same workplace or at another workplace.

PART 7 ADMINISTRATIVE MATTERS

44 WORKLOADS

44.1 The Bank agrees that workloads should be capable of being completed within ordinary working hours.

44.2 When determining staffing levels for a workplace, the Bank will take into account all relevant factors including employee experience, market demographics, business opportunities, appropriate training, staff absences, and obligations under this Agreement.

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44.3 The Bank will review workloads and staffing levels through Line Management on an ongoing basis and take into account the impact on staff and customers in any decision it makes in regards to workloads and staffing levels.

45 AVAILABILITY OF THIS AGREEMENT

You will have access to a copy of this Agreement at your work location and via the intranet. After this Agreement is lodged, a copy may also be found on the FWC’s website.

46 POLICIES AND PROCEDURES

You must comply with the Bank’s policies and procedures as varied and communicated to you from time to time and as variously referred to in this Agreement. The policies and procedures referred to in this Agreement do not however form part of this Agreement, nor do they form part of your contract of employment with the Bank.

47 NO EXTRA CLAIMS

47.1 This Agreement deals comprehensively with the terms and conditions of your employment and covers all of the matters that you and the Bank intend be the subject of enterprise bargaining.

47.2 You will not make and/or pursue any claim or improvement in any term or condition of employment (whether or not such term or condition is covered by this Agreement) during the normal life of this Agreement.

47.3 You and the Bank agree that no further claims will be made during the period of operation of this Agreement and that the minimum wage decisions of the FWC or other applicable statutory body occurring during this Agreement will not apply to the parties to this Agreement, unless minimum rates fall below applicable minimum rates of pay.

47.4 You will not take protected or unprotected industrial action in pursuit of any such claim.

47.5 To avoid doubt, Clause 47.4 does not prevent an employee from taking protected industrial action where this is permitted by the Act.

48 ASSIGNMENT

48.1 This Agreement will be freely assigned by the Bank and will be for the benefit of, and will be binding upon any other corporate entity which will succeed the Bank, to the extent permitted under the Act.

48.2 Neither this Agreement nor any rights hereunder will be assigned by you.

49 GOVERNING LAW

This Agreement is governed by and will be construed in accordance with the Act and the laws of the Commonwealth of Australia.

SIGNED for and on behalf of the Australian Services Union (ASU) (of 41 King William Road, Unley) by Abbie Spencer, SA & NT Branch Secretary, Australian Services Union. Authorised under rule 47 of the ASU's Rules

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Signature of witness ------

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Address of wib1ess (please print)

SIGNED by ktr.o.t:. tl.i?\ \d(O .. for andon behalf of the Bank

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Signature

Signature

Page 59

Scott Cowen

41 King William Street Unley South Australia

Schedule 2.3 Model consultation term (regulation 2.09)

Model consultation term

(1) This term applies if the employer:

(a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or

(b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.

Major change

(2) For a major change referred to in paragraph (1)(a):

(a) the employer must notify the relevant employees of the decision to introduce the major change; and

(b) subclauses (3) to (9) apply.

(3) The relevant employees may appoint a representative for the purposes of the procedures in this term.

(4) If:

(a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

(b) the employee or employees advise the employer of the identity of the representative;

the employer must recognise the representative.

(5) As soon as practicable after making its decision, the employer must:

(a) discuss with the relevant employees:

(i) the introduction of the change; and

(ii) the effect the change is likely to have on the employees; and

(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and

(b) for the purposes of the discussion—provide, in writing, to the relevant employees:

(i) all relevant information about the change including the nature of the change proposed; and

(ii) information about the expected effects of the change on the employees; and

(iii) any other matters likely to affect the employees.

(6) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.

(7) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.

(8) If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply.

(9) In this term, a major change is likely to have a significant effect on employees if it results in:

(a) the termination of the employment of employees; or

(b) major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or

(c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or

(d) the alteration of hours of work; or

(e) the need to retrain employees; or

(f) the need to relocate employees to another workplace; or

(g) the restructuring of jobs.

Change to regular roster or ordinary hours of work

(10) For a change referred to in paragraph (1)(b):

(a) the employer must notify the relevant employees of the proposed change; and

(b) subclauses (11) to (15) apply.

(11) The relevant employees may appoint a representative for the purposes of the procedures in this term.

(12) If:

(a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

(b) the employee or employees advise the employer of the identity of the representative;

the employer must recognise the representative.

(13) As soon as practicable after proposing to introduce the change, the employer must:

(a) discuss with the relevant employees the introduction of the change; and

(b) for the purposes of the discussion—provide to the relevant employees:

(i) all relevant information about the change, including the nature of the change; and

(ii) information about what the employer reasonably believes will be the effects of the change on the employees; and

(iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and

(c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).

(14) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.

(15) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.

(16) In this term:

relevant employees means the employees who may be affected by a change referred to in subclause (1).

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decision - fsunion.org.au · [2020] fwca 3404 2 [6] the agreement is approved and, in accordance...

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