WESTPAC GROUP ENTERPRISE AGREEMENT 2013

INDEX SECTION 1 – APPLICATION OF AGREEMENT 3 1. TITLE 3 2. COVERAGE 3 3. TERM 3 4. OPERATION OF AGREEMENT 3 5. RELATIONSHIP WITH FAIR WORK ACT 5 6. RELATIONSHIP WITH OTHER AGREEMENTS 5 7. DEFINITIONS 5 SECTION 2 – COMMON TERMS 10 8. APPLICATION 10 9. PAY INCREASES 10 10. PARENTAL LEAVE 12 11. GRANDPARENTAL LEAVE 20 12. COMPASSIONATE LEAVE 21 13. PERSONAL / CARER'S LEAVE 22 14. ANNUAL PAYMENT 23 15. TAKING ANNUAL LEAVE 28 16. CASHING OUT LEAVE 28 17. ELECTRONIC COMMUNICATIONS 29 18. INDUCTIONS 30 19. VOCATIONAL TRAINING 30 20. INDIVIDUAL FLEXIBILITY ARRANGEMENTS 31 21. INTRODUCTION OF CHANGE 32 22. DISPUTE SETTLEMENT PROCEDURE 33 23. SUPERANNUATION 37 24. REDUNDANCY, REDEPLOYMENT AND RETRENCHMENT 39 25. EMPLOYER AND FINANCE SECTOR UNION RELATIONSHIP 40 SECTION 3 - BUSINESS UNIT SPECIFIC TERMS 42 PART A – EMPLOYEES OF WESTPAC BANKING CORPORATION 42 26. APPLICATION 42 27. PAY (MINIMUM RATES ADJUSTMENT) 42 28. ORDINARY HOURS OF WORK 43 29. ORDINARY HOURS OF WORK AND LOADINGS – MONDAY TO FRIDAY 44 30. ORDINARY HOURS OF WORK AND LOADINGS – WEEKENDS 46 31. TRANSITIONAL ARRANGEMENTS FOR SATURDAY WORK IN BRANCHES, CSC, GROUP OPERATIONS AND ATM OPERATIONS 51 32. LOADINGS 54 33. PART TIME EMPLOYEES 56 34. ADDITIONAL HOURS FOR PART TIME EMPLOYEES 57 35. SETTING HOURS OF WORK 58 36. REDUCTION IN A PART TIME EMPLOYEE'S HOURS 60

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37. FLEXIBLE PART TIME ARRANGEMENTS 60 38. TEMPORARY (CASUAL) EMPLOYEES 63 39. WORKING FROM HOME ARRANGEMENT 63 40. OVERTIME 64 41. SHIFT WORK 68 42. TIME AWAY DAYS 69 43. PUBLIC HOLIDAYS 71 44. PERFORMANCE OBJECTIVES AND ASSESSMENT 75 45. ALLOWANCES 76 46. RECONCILIATION 84 47. REDUNDANCY 85 48. NOTICE OF TERMINATION 86 49. PROCEDURAL FAIRNESS 87 PART B – ST.GEORGE 2007 HERITAGE EMPLOYEES 88 50. APPLICATION 88 51. PAY (MINIMUM RATES ADJUSTMENT) 88 PART C – ST.GEORGE BANKING GROUP EMPLOYEES, ST.GEORGE CCC EMPLOYEES AND ST.GEORGE 2010 HERITAGE EMPLOYEES 90 52. APPLICATION 90 53. SET FIXED PAY FOR 1 JANUARY 2013 90 54. VOTE ABOUT FIXED PAY INCREASE FOR 1 JANUARY 2014 90 55. PAY FOR PERFORMANCE FOR 1 JANUARY 2014 FIXED PAY INCREASE 90 56. SET FIXED PAY INCREASE ON 1 JANUARY 2014 91 57. PAY (MINIMUM RATES ADJUSTMENT) 91 58. ADJUSTMENT TO ALLOWANCES 93 SECTION 4 – INCORPORATED TERMS 94 59. GENERAL 94 60. INCORPORATED TERMS 95 PART A EMPLOYEES OF WESTPAC BANKING CORPORATION 95 PART B ST.GEORGE 2007 HERITAGE EMPLOYEES 114 PART C EMPLOYEES OF BT 118 PART D EMPLOYEES OF ASGARD 121 PART E EMPLOYEES OF WFCL 125 PART F EMPLOYEES OF WGIS 125 PART G ST.GEORGE BANKING GROUP EMPLOYEES, ST.GEORGE CCC EMPLOYEES AND ST.GEORGE 2010 HERITAGE EMPLOYEES 126

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SECTION 1 – APPLICATION OF AGREEMENT 1. TITLE

This Agreement is titled the 'Westpac Group Enterprise Agreement 2013'. 2. COVERAGE

2.1 This Agreement covers:

(a) each Employer;

(b) each Employee; and

(c) the Union.

3. TERM

This Agreement will commence on the later of 1 January 2013, or seven days after it is approved by FWA, and its nominal expiry date is 31 December 20142015.

4. OPERATION OF AGREEMENT

4.1 This Agreement comprises:

(a) Section 1, Application of Agreement;

(b) Section 2, Common Terms;

(c) Section 3, Business Unit Specific Terms; and

(d) Section 4, Incorporated Terms.

4.2 The Sections of this Agreement operate as follows:

(a) Sections 1 and 2 – apply to all Employees (except as expressly provided for in specific clauses in these Sections);

(b) Section 3 – comprises three Parts which operate in the manner specified in clause 4.3; and

(c) Section 4 – comprises several Parts and Subparts which operate in the manner specified in clause 4.4.

4.3 Each Part in Section 3 identifies Specific Terms and applies to Employees as follows:

Part Applies to these Employees while they come within this description

Section 3, Part A – Employees of Westpac Banking Corporation

Employees employed by Westpac Banking Corporation except those who are: 1) St.George 2007 Heritage Employees

covered by Section 3, Part B and Section 4, Part B; or

2) St.George Banking Group Employees,

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St.George CCC Employees and St.George 2010 Heritage Employees covered by Section 3, Part C and Section 4, Part G.

Section 3, Part B –St.George 2007 Heritage Employees

Employees employed by Westpac Banking Corporation who, immediately prior to 24 September 2010, were covered by the St.George Enterprise Agreement 2007 and to whom the Westpac Enterprise Agreement 2010 applied from 24 September 2010, except those who, at any time after 24 September 2010 cease performing work that would have been covered by the St.George Enterprise Agreement 2007 (as it operated) (St.George 2007 Heritage Employees). Once Section 3, Part B ceases to apply to an Employee, Section 3, Part B (and Section 4, Part B) will not apply to the Employee again.

Section 3, Part C - St.George Banking Group Employees, St.George CCC Employees and St.George 2010 Heritage Employees

Employees employed by Westpac Banking Corporation who: 1) are St.George Banking Group Employees;

or 2) are St.George CCC Employees; or

3) immediately prior to the Commencement Date, were in a role which was covered by the St.George Enterprise Agreement 2010 and were not St.George Banking Group Employees or St.George CCC Employees, except those who, at any time after the Commencement Date cease performing the role they performed immediately prior to the Commencement Date (St.George 2010 Heritage Employees).

Once Section 3, Part C ceases to apply to an Employee in accordance with (3) above, Section 3, Part C (and Section 4, Part G) will not apply to the Employee again unless they become a St.George Banking Group Employee or St.George CCC Employee.

4.4 Each Part and Subpart in Section 4 identifies provisions of specified industrial instruments as in force at the Application Date which are incorporated into this Agreement. Each Part in Section 4 applies to the Employees as follows:

Part Applies to these Employees while they come within this description

Section 4, Part A – Employees of Westpac Banking Corporation

Employees to whom Section 3, Part A applies as set out in clause 4.3.

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Section 4, Part B –St.George 2007 Heritage Employees

Employees to whom Section 3, Part B applies as set out in clause 4.3.

Section 4, Part C – Employees of BT

Employees who are employed by BT Financial Group Pty Limited.

Section 4, Part D – Employees of Asgard

Employees who are employed by Asgard Wealth Solutions Limited.

Section 4, Part E – Employees of WFCL

Employees who are employed by Westpac Financial Consultants Limited.

Section 4, Part F – Employees of WGIS

Employees who are employed by Westpac General Insurance Services Limited.

Section 4, Part G – St.George Banking Group Employees, St.George CCC Employees and St.George 2010 Heritage Employees

Employees to whom Section 3, Part C applies as set out in clause 4.3.

4.5 The Terms of this Agreement operate as follows:

(a) Common Terms prevail, to the extent of any inconsistency, over Specific Terms and Incorporated Terms;

(b) Specific Terms prevail, to the extent of any inconsistency, over Incorporated Terms.

5. RELATIONSHIP WITH FAIR WORK ACT

5.1 No term of this Agreement will operate to exclude the National Employment Standards or any provision of the National Employment Standards.

5.2 The exercise of any right of entry conferred in this Agreement will be in accordance with the Act.

6. RELATIONSHIP WITH OTHER AGREEMENTS

This Agreement operates in place of any other award (including a modern award) or agreement whether certified or not.

7. DEFINITIONS

7.1 In this Agreement, except to the extent the definitions are expressly modified in this Agreement:

(a) Act means the Fair Work Act 2009 (Cth) as amended from time to time.

(b) Agreement means the Westpac Group Enterprise Agreement 2013.

(c) Application Date means 21 December 2012the date on which the application for approval of this Agreement is filed with FWA.

(d) Asgard means Asgard Wealth Solutions Limited (ACN 009 143 597).

(e) Bank of Melbourne EDA means the Bank of Melbourne Enterprise Development Agreement 2002 as in force at the Application Date.

(f) BT means BT Financial Group Pty Limited (ACN 087 480 331).

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(g) BT Agreement means the BT Financial Group Employees Agreement 2003 as in force at the Application Date.

(h) BT Award means the BT Financial Group Award 1999 as in force at the Application Date.

(i) Challenge Bank EDA means the Challenge Bank Enterprise Development Agreement 2002 as in force at the Application Date.

(j) Christmas Island Employees means employees engaged by an Employer to work on Christmas Island.

(k) Commencement Date means the later of 1 January 2013, or seven days after this Agreement is approved by FWA.

(l) Common Terms means those terms specified in Section 2, Common Terms.

(m) Concord Centre EDA means the Concord Centre Enterprise Development Agreement 2002 as in force at the Application Date.

(n) Employer means each of:

(i) Westpac Banking Corporation (ACN 007 457 141);

(ii) BT Financial Group Pty Limited (ACN 087 480 331);

(iii) Asgard Wealth Solutions Limited (ACN 009 143 597);

(iv) Westpac Financial Consultants Limited (ACN 052 952 753); and

(v) Westpac General Insurance Services Limited (ACN 005 274 368).

(o) Employee means each employee of an Employer who works in Australia, except Senior Executive Employees. For the avoidance of doubt, the following employees are not Employees who are covered by the Agreement:

(i) employees of RAMS Financial Group Pty Limited (ACN 105 207 538);

(ii) employees of Hastings Management Pty Limited (ACN 101 976 336);

(iii) employees of Hastings Funds Management Limited (ACN 058 693 388);

(iv) employees of BT Investment Management Limited (ACN 126 385 822);

(v) employees of Qvalent Pty Ltd (ACN 088 314 827);

(vi) Christmas Island Employees; and

(vii) employees of an Employer who are assigned or seconded by their Employer to work outside Australia for any period of time during that assignment or secondment.

(p) Fixed Pay means an Employee's gross payment for their ordinary fortnightly hours and the value of any salary sacrifice benefits, excluding overtime, loadings, allowances and all employer superannuation contributions.

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(q) FWA means Fair Work CommissionAustralia.

(r) Incorporated Terms mean those terms referred to in Section 4, Incorporated Terms.

(s) Modern Banking Award means the Banking, Finance and Insurance Award 2010 as in force at the Application Date.

(t) Modern Banking Award at Variation means the Banking, Finance and Insurance Award 2010 as in force at the date on which the application for approval of the 2014 variation of this Agreement is filed with the FWA.

(t)(u) Nominal Expiry Date means 31 December 20142015.

(u)(v) Regulations means the Fair Work Regulations 2009 (Cth) as amended from time to time.

(v)(w) SEALCORP Award means the SEALCORP Employees Award 2003 as in force at the Application Date.

(w)(x) Section means each section referred to in clause 4.1.

(x)(y) Senior Executive Employees means Employees engaged by an Employer who are in the role of Chief Executive Officer, Group Executive, Chief Financial Officer, Chief Information Officer, Chief Operating Officer, Enterprise Executive or General Manager or an equivalent role or a role at an equivalent level as one or more of those roles.

(y)(z) Specific Terms mean each term referred to in Section 3, Business Unit Specific Terms.

(z)(aa) St.George Banking Group Employees means Westpac Banking Corporation Employees working in the St.George Banking Group within the Westpac Group, including working in:

(i) the St.George, Bank of Melbourne or BankSA retail branch network;

(ii) the St.George, Bank of Melbourne or BankSA business bank;

(iii) sales;

(iv) customer service; and

(v) the support functions for subclauses (i) to (iv),

for consumer, business and corporate customers in Australia provided under the St.George, Bank of Melbourne and BankSA brands.

This excludes:

(i) St.George CCC Employees;

(ii) St.George 2010 Heritage Employees;

(iii) St.George 2007 Heritage Employees; and

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(iv) Employees not working in the St.George Banking Group, including those who provide support functions (eg, Westpac Group functions such as finance, technology, marketing etc) to the St.George Banking Group or the customer contact centres referred to in the definition of St.George CCC Employees.

(aa)(bb) St.George CCC Employees means Westpac Banking Corporation Employees working in customer contact centres principally in customer facing roles, who principally provide services to consumer, business and corporate customers in Australia under the St.George, Bank of Melbourne and BankSA brands.

This excludes:

(i) St.George Banking Group Employees;

(ii) St.George 2010 Heritage Employees;

(iii) St.George 2007 Heritage Employees; and

(iv) Employees who provide support functions to the customer contact centres referred to in this definition.

(bb)(cc) St.George Enterprise Agreement 2007 means the St.George Bank Enterprise Agreement 2007 as in force at the Application Date.

(cc)(dd) St.George Enterprise Agreement 2010 means the St.George Bank Enterprise Agreement 2010 as in force at the Application Date.

(dd)(ee) Subpart means those subparts within Section 4.

(ee)(ff) Transitional Westpac APCS means the Australian Pay and Classification Scale based on the Westpac Employees' Award 2002 as that APCS is in operation at the Application Date.

(ff)(gg) Union means the Finance Sector Union of Australia.

(hh) Variation Commencement Date means 1 January 2015, or such later date as determined by the FWA.

(gg)(ii) Westpac Award means the Westpac Employees' Award 2002 as in force at the Application Date.

(hh)(jj) Westpac Enterprise Agreement 2010 means the Westpac Group Enterprise Agreement 2010 as in force at the Application Date.

(ii)(kk) Westpac Banking Corporation means Westpac Banking Corporation (ACN 007 457 141).

(jj)(ll) Westpac EDA means the Westpac Banking Corporation Enterprise Development Agreement 2002 as in force at the Application Date.

(kk)(mm) Westpac Launceston Agreement means the Westpac Banking Corporation Launceston Call Centre Agreement 2002 as in force at the Application Date.

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(ll)(nn) Westpac Lockleys/Bedford Park Agreement means the Westpac Banking Corporation Lockleys/Bedford Park Site Agreement 2002 as in force at the Application Date.

(mm)(oo) Westpac NSW/ACT Call Centres EDA means the Westpac Banking Corporation (NSW & ACT Call Centres) Enterprise Development Agreement 2002 as in force at the Application Date.

(nn)(pp) Westpac Qld EDA means the Westpac Banking Corporation (Qld) Enterprise Development Agreement 2002 as in force at the Application Date.

(oo)(qq) Westpac SA/NT/Tas EDA means the Westpac Banking Corporation (SA/NT/Tas) Enterprise Development Agreement 2002 as in force at the Application Date.

(pp)(rr) Westpac Victorian Call Centres EDA means the Westpac Banking Corporation (Victorian Call Centres) Enterprise Development Agreement 2002 as in force at the Application Date.

(qq)(ss) Westpac WA/NT/SA/Qld/Tas Call Centres EDA means the Westpac Banking Corporation (WA/NT/SA/Qld/Tas Call Centres) Enterprise Development Agreement 2002 as in force at the Application Date.

(rr)(tt) WFCL means Westpac Financial Consultants Limited (ACN 052 952 753).

(ss)(uu) WGIS means Westpac General Insurance Services Limited (ACN 005 274 368).

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SECTION 2 – COMMON TERMS

8. APPLICATION

8.1 This section applies to all Employees.

9. PAY INCREASES

Application

9.1 This clause 9 does not apply to Employees to which Section 3, Part C applies unless

clause 55, Pay for Performance for 1 January 2014 Fixed Pay Increase comes into operation.

Definitions 9.2 In this clause 9:

(a) Applicable Westpac Employees means those Employees who at the relevant time are:

(i) full time or part time; and

(ii) covered by Section 3, Part A and are within the following grades:

(A) O1, O2 and O3;

(B) unpackaged A1, A2 and A3 and packaged A2 and A3;

(C) unpackaged M1, M2, M3 and M4.

(b) Applicable Wealth Employees means those Employees who at the relevant time:

(i) are employed by BT, Asgard, WFCL or WGIS; and

(ii) are full time or part time; and

(iii) have Fixed Pay of $53,040 gross per annum, or less, on a full time equivalent basis.

(c) Applicable St.George 2007 Heritage Employees means those Employees who at the relevant time are:

(i) full time or part time; and

(ii) covered by Section 3, Part B; and

(iii) non-packaged employees (as that term is used in the St.George Enterprise Agreement 2007).

(d) Fixed Pay Increase Pool means a pool of funds equivalent to 3.75% of the total annual value of Fixed Pay for Employees who on 30 September of the relevant Performance Year are Applicable Westpac Employees, Applicable Wealth Employees or Applicable St.George 2007 Heritage Employees who commenced

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employment on or before 30 June of the relevant year (in this clause 9,

Applicable Employees), reduced by an amount equal to 3.75% of the annual value of the Fixed Pay of Applicable Employees who:

(i) cease to be Applicable Employees prior to the pay increase date of either 1 January 2013 or 1 January 2014 or 1 January 2015; or

(ii) have been on extended leave and have performed no work or performed work for less than 3 months in the Performance Year.

(e) Performance Year means:

(i) 1 October 2011 to 30 September 2012 for the increase effective on 1 January 2013;

(ii) 1 October 2012 to 30 September 2013 for the increase effective on 1 January 2014;

(ii)(iii) 1 October 2013 to 30 September 2014 for the increase effective on 1 January 2015.

Minimum pay increase commitment 9.3 Minimum pay increases under clause 9.4 will apply to all Applicable Employees who on

30 September of the relevant Performance Year have:

(a) been employed by an Employer for at least 3 months prior to 30 September; and

(b) performed work for an Employer for at least 3 months in the Performance Year.

9.4 Subject to clauses 9.3 and 9.5, the Employers will together distribute the Fixed Pay Increase Pool as increases to Fixed Pay for Applicable Employees of at least the following amounts, on each of the following occasions:

(a) for the increase commencing 1 January 2013:

(i) Employees rated 'Effective', 'High Achievement' or 'Outstanding' (or an equivalent rating in place from time to time) – a minimum of 3.75%;

(ii) Employees rated 'Needs Development' (or an equivalent rating in place from time to time) – a minimum of 2%;

(b) for the increase commencing 1 January 2014:

(i) Employees rated 'Effective', 'High Achievement' or 'Outstanding' (or an equivalent rating in place from time to time) – a minimum of 3.75%;

(ii) Employees rated 'Needs Development' (or an equivalent rating in place from time to time) – a minimum of 2%;

(c) for the increase commencing 1 January 2015:

(i) Employees rated 'Effective', 'High Achievement' or 'Outstanding' (or an equivalent rating in place from time to time) – a minimum of 3.75%;

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(ii) Employees rated 'Needs Development' (or an equivalent rating in place from time to time) – a minimum of 2%.

9.5 Applicable Employees who have worked for less than 3 months in a particular Performance Year because they have been on parental leave, who are not eligible for an increase under clauses 9.3 or 9.4 in respect of that particular Performance Year, will receive an increase to their Fixed Pay of 3.75% commencing on 1 January 2013 or 1 January 2014 or 1 January 2015 (as applicable).

9.6 To the extent the Fixed Pay Increase Pool is not distributed under clause 9.4 or 9.5, the Employers will determine, in their absolute discretion, the increase to Fixed Pay for each Employee who comes within clause 9.3 or 9.5, until the entire amount of the Fixed Pay Increase Pool is distributed.

9.7 Nothing in clauses 9.3 to 9.5 will prevent an Employer from increasing the Fixed Pay of an Employee who does not come within clause 9.3 (and therefore does not receive a performance rating) or clause 9.5 including because they have:

(a) not commenced employment within a sufficient time to allow an assessment of their performance; or

(b) been on extended leave and have performed no work or performed work for less than 3 months in the Performance Year;

and any such an increase will:

(c) be at the discretion of the Employer; and

(d) will count towards the obligations in clauses 9.4 to 9.6.

9.8 The Employer will write to the Union in February 2013 and February 2014 and February 2015, to confirm that it has complied with its obligations under clauses 9.4 to 9.6. The Employer will also share information with the Union as to how the Fixed Pay Increase Pool was distributed by business unit, type of employment, grade and gender. This information is provided to the Union on a strictly confidential basis.

Increase to minimum rates

9.9 Any increase to an Employee's Fixed Pay under this clause 9 will count towards, and

not be in addition to, any increase to minimum rates of Fixed Pay provided for in clause 27, Pay (Minimum Rates Adjustment) or clause 51, Pay (Minimum Rates Adjustment) or clause 57, Pay (Minimum Rates Adjustment).

10. PARENTAL LEAVE

Eligibility 10.1 The provisions of this clause 10 apply to full time, part time and eligible casual

Employees, but do not apply to other temporary or casual Employees.

Definitions 10.2 For the purpose of this clause 10:

(a) eligible casual Employee means a temporary or casual Employee:

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(i) who has been employed by the Employer on a regular and systematic basis for a sequence or periods of employment during a period of at least twelve months; and

(ii) who has, but for the birth (or expected birth) or the placement (or expected placement) of a child, a reasonable expectation of continuing employment on a regular and systematic basis;

(b) Paid Concurrent Leave means up to two weeks' paid parental leave available to a male or female Employee, who is not the primary care giver of the child, which the Employee takes while their spouse is also on parental leave in relation to the birth or placement of a child;

(c) primary care giver means the individual with the sole responsibility for providing care to the child within the family home during normal business hours; and

(d) spouse includes a former spouse, a de facto spouse, former de facto spouse, same sex partner who lives with the Employee as the de facto partner of that Employee or former same sex partner who lived with the Employee as the de facto partner of that Employee.

Basic entitlement 10.3 Employees are entitled to up to 52 weeks' unpaid parental leave if:

(a) the leave is associated with:

(i) the birth of a child of the Employee or the Employee's spouse; or

(ii) the placement of a child with the Employee for adoption; and

(b) the Employee has or will have a responsibility for the care of the child.

10.4 Parental leave is to be available to only one parent at a time, in a single unbroken period, except that an Employee (who does not have responsibility for the care of the child) may take a period of up to eight four weeks' unpaid parental leave concurrently with their spouse (in relation to the birth or placement of a child) (Unpaid Concurrent Leave). An Employee taking Unpaid Concurrent Leave under this clause 10.4 may access Paid Concurrent Leave or paid leave under the Federal Government's Dads and Partners scheme (if the Employee is eligible) during Unpaid Concurrent Leave, provided that any such period of paid leave does not extend the period of Unpaid Concurrent Leave available to the Employee under this clause 10.4.

10.5 Unless otherwise agreed by the Employer, Unpaid Concurrent Leave (and Paid Concurrent Leave):

(a) Unpaid Concurrent Leave must not commence before the birth or placement of the child or end more than twelve monthsfour weeks after the birth or placement of the child, unless otherwise agreed by the Employer;

(a)(b) Paid Concurrent Leave must not commence before the birth or placement of the child or end more than four weeks after the birth or placement of the child, unless otherwise agreed by the Employer; and

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(b) Unpaid Concurrent Leave and Paid Concurrent Leave is the only time an Employee can take parental leave at the same time as their spouse (except as provided for in clause 10.32(a)).

Paid parental leave

10.6 Paid parental leave is available to Employees as follows:

(a) thirteen weeks' paid parental leave is available to male and female Employees when an Employee takes parental leave as the primary care giver of the child, provided that:

(i) in relation to birth related leave, the child is under the age of 1 year for the duration of the paid parental leave; or

(ii) in relation to adoption related leave, the child is under the age of 5 years; and

(iii) the 13 weeks will be reduced by any period of Paid Concurrent Leave an Employee has taken in relation to the birth or adoption of the child (eg, if an Employee takes 2 weeks Paid Concurrent Leave, they are only entitled to 11 weeks' paid parental leave under this sub-clause (a));

(b) up to two week's paid parental leave which is taken as Paid Concurrent Leave (which would reduce an Employee's entitlement to paid parental leave under sub-clause (a)), subject to the requirements in clause 10.5.

Arrangements for paid parental leave

10.7 Paid parental leave will be paid as follows:

(a) for full time Employees, based on the Employee's Fixed Pay;

(b) for part time Employees and eligible casual Employees, the Employee's payment will be based on the average weekly hours worked by the Employee during the twelve months prior to commencing parental leave; and

(c) for full time, part time or eligible temporary or casual workers, shift allowances or loadings are not included in calculating paid parental leave.

10.8 If an Employee takes parental leave to be the child's primary care giver, the Employee's first 13 weeks (or such lesser period if their entitlement to paid parental leave is reduced under clause 10.6(a)(iii)) of parental leave will be paid leave. Alternatively, an Employee may take the first 26 weeks (or such lesser period if their entitlement to paid parental leave is reduced under clause 10.6(a)(iii)) of parental leave as paid leave on half pay. Half pay is not granted for less than the full period of an Employee's paid parental leave as a primary care giver.

10.9 If an Employee takes paid parental leave to be the child's primary care giver on half pay in conjunction with long service leave or annual leave, the Employee must also take the long service leave or annual leave as paid leave on half pay. If the Employee takes paid parental leave on full pay the Employee must also take annual leave and long service leave on full pay.

10.10 Paid parental leave does not extend the period of unpaid parental leave available to an Employee under this clause 10.

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10.11 Where both parents are employed by an Employer, they are each entitled to:

(a) up to thirteen weeks' paid parental leave to be the child's primary care giver, on the terms set out in clause 10.6; and

(b) two weeks' paid parental leave at the time of the birth or adoption of the child (ie, Paid Concurrent Leave), on the terms set out in clause 10.6.

Maternity leave 10.12 An Employee must provide notice to the Employer in advance of the expected date of

commencement of parental leave. The notice requirements are:

(a) of the expected date of birth (included in a certificate from a registered medical practitioner stating that the Employee is pregnant) - at least ten weeks;

(b) of the date on which the Employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks.

10.13 When the Employee gives notice under clause 10.12(a), the Employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by the Employee's spouse and that for the period of maternity leave the Employee will not engage in any conduct inconsistent with their contract of employment.

10.14 The Employee will not be in breach of this clause 10 if failure to give the stipulated notice is as a result of the birth occurring earlier than the presumed date.

10.15 Unless agreed otherwise between the Employer and the Employee, the Employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

10.16 Where the Employee continues to work within the six week period immediately prior to the expected date of birth, or where the Employee elects to return to work within six weeks after the birth of the child, the Employer may require the Employee to provide a medical certificate stating that:

(a) the Employee is fit to work on her normal duties; and

(b) in relation to continuing to work prior to commencing parental leave, a statement about whether it is inadvisable for the Employee to continue in her present position because of illness, or risks arising out of the Employee's pregnancy or hazards connected with the position.

10.17 If the Employee does not provide the medical certificate requested in clause 10.16, or the medical certificate provides the Employee is not fit for work, the Employer may require the Employee to commence unpaid parental leave as soon as practicable.

Special maternity leave

10.18 Where the Employee's pregnancy terminates within 28 weeks of the expected date of birth other than by the birth of a living child, the Employee may take special maternity leave of such periods as a registered medical practitioner certifies as necessary. Up to thirteen weeks of this leave can be paid leave.

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10.19 Where the Employee is suffering from an illness not related to the direct consequences of pregnancy, the Employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

10.20 Where an Employee not then on maternity leave suffers illness related to her pregnancy, the Employee may take paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. A female Employee's entitlement to 52 weeks' unpaid parental leave under clause 10.3 is reduced by the amount of any special maternity leave.

10.21 During a period of special maternity leave the Employee may return to work at any time as agreed between the Employer and the Employee, provided that time does not exceed four weeks from the recommencement date desired by the Employee.

Paternity leave 10.22 The Employee will provide to the Employer, at least ten weeks prior to a proposed

period of paternity leave (including Unpaid Concurrent Leave):

(a) a certificate from a registered medical practitioner which names the Employee's spouse, states that she is pregnant and the expected date of birth, or states the date on which the birth took place; and

(b) written notification of the dates on which the Employee proposes to start and finish the period of paternity leave; and

(c) except in relation to leave taken simultaneously with the child’s mother under clause 10.4 or 10.32(a), a statutory declaration stating:

(i) that the Employee will take that period of paternity leave to have the responsibility for the care of the child;

(ii) particulars of any period of maternity leave sought or taken by the Employee's spouse; and

(iii) that for the period of paternity leave the Employee will not engage in any conduct inconsistent with their contract of employment.

10.23 An Employee will not be in breach of clause 10.22 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

Adoption leave 10.24 An Employee is only entitled to adoption related parental leave if the child:

(a) is under 16 and has not lived continuously with the Employee for a period of 6 months or more; and

(b) is not (otherwise than because of the adoption) a child of the Employee or the Employee's spouse.

10.25 The Employee will notify the Employer at least four weeks in advance of the date of commencement of adoption leave of the period of leave proposed to be taken. The Employee may commence adoption leave prior to providing such notice, where through

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circumstances beyond the Employee's control, the adoption of a child takes place earlier.

10.26 Before commencing adoption leave, the Employee will provide the Employer with a statutory declaration stating:

(a) the Employee is seeking adoption leave to have the responsibility for the care of the child;

(b) particulars of any period of adoption leave sought or taken by the Employee's spouse; and

(c) that for the period of adoption leave the Employee will not engage in any conduct inconsistent with their contract of employment.

10.27 The Employer may require the Employee to provide confirmation from the appropriate government authority of the placement.

10.28 Where the placement of a child for adoption with the Employee does not proceed or continue, the Employee will notify the Employer immediately and the Employer will nominate a time not exceeding four weeks from receipt of notification for the Employee's return to work.

10.29 The Employee will not be in breach of this clause 10 as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

10.30 An Employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any interviews or examinations required as part of the adoption procedure. The Employee is entitled to take up to two days' unpaid leave, or more by agreement between the Employee and Employer. Where paid leave is available to the Employee, the Employer may require the Employee to take such leave instead.

Variation of period of parental leave 10.31 This clause applies where an Employee has elected to take less than 52 weeks' unpaid

parental leave. Where the Employee takes leave under clause 10.3, unless otherwise agreed between the Employer and the Employee, the Employee may apply to the Employer to change the period of parental leave on one occasion. Any such application is to be made as soon as possible but no less than four weeks prior to the end date of the original leave period. Nothing in this clause 10.31 shall detract from any entitlements set out in clause 10.3.

Right to request 10.32 If the Employee is entitled to parental leave pursuant to the provisions of clauses 10.3

or 10.4, the Employee may request the Employer to allow the Employee:

(a) to extend the period of Unpaid Concurrent Leave provided for in clause 10.4 up to a maximum of eight weeks, provided that the eight weeks' leave may comprise any combination of up to two weeks Paid Concurrent Leave, paid leave under the Federal Government's Dads and Partners scheme (if the Employee is eligible), such other available paid leave (eg, annual leave) and unpaid leave;

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(b) to extend the period of unpaid parental leave provided for in clause 10.3 by a further continuous period of leave not exceeding 12 months, provided that:

(i) where an Employee's spouse is taking parental leave, the extended unpaid parental leave cannot exceed 12 months less any period of parental leave (including special maternity leave) that the Employee's spouse has taken, or will have taken, in relation to the child before the request starts; and

(ii) an Employee is not entitled to extend the period of unpaid parental leave beyond 24 months after the date of the birth or placement of the child; and

(c) to return from a period of parental leave on a flexible basis (eg, on a part time basis) until the child reaches school age, to assist the Employee in reconciling work and parental responsibilities.

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

10.34 The Employee's request and the Employer’s decision made under clauses 10.32(b) or 10.32(c) must be recorded in writing.

10.35 Where the Employee makes a request under clause 10.32(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the Employee is due to return to work from parental leave.

Parental leave and other entitlements

10.36 The Employee may take (with the Employer's agreement) accrued annual leave or long service leave while they are on unpaid parental leave. Any such leave is to be taken concurrently with unpaid parental leave and does not extend the period of available parental leave beyond 52 weeks or longer as agreed under clause 10.32(b).

Part time work

10.37 With the agreement of the Employer, female Employees may work part time in one or more periods while the Employee is pregnant where part time employment is, because of the pregnancy, necessary or desirable.

Transfer to a safe job

10.38 Where an Employee is pregnant and, in the opinion of a registered medical practitioner, she is fit for work but illness or risks arising out of the pregnancy or hazards connected with the Employee's position make it inadvisable for the Employee to continue in her current role for a stated period:

(a) if there is an appropriate safe job available, the Employer will transfer the Employee to that job for the stated period, with no other change to the Employee's terms and conditions (including no change to the Employee's Fixed Pay); or

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(b) if no appropriate safe job is available, the Employee is entitled to take paid leave (based on the Employee's Fixed Pay or the hourly rate for eligible casual Employees) for the stated period.

10.39 For the purpose of clause 10.38, an appropriate safe job is a safe job that has:

(a) the same ordinary hours of work as the Employee's present position; or

(b) a different number of ordinary hours agreed to by the Employee.

Work during parental leave

10.40 During a period of parental leave, an Employee may, with the agreement of the Employer, return to work at the Employer as a temporary or casual Employee.

10.41 If an Employee returns to work under clause 10.40, it does not extend the Employee's period of parental leave.

Returning to work after a period of parental leave

10.42 The Employee will notify the Employer of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

10.43 The Employee will be entitled to return to the position which they held immediately before proceeding on parental leave. If the Employee was transferred to a safe job pursuant to clause 10.38, the Employee will be entitled to return to the position the Employee held immediately before such transfer.

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

Replacement Employees

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

10.46 Before the Employer engages a replacement Employee, the Employer must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced.

Communication during parental leave

10.47 Where an Employee is on parental leave and a definite decision has been made that will have a significant effect on the status, pay, location or responsibility level of the position the Employee held before commencing parental leave (or the role the Employee held before commencing in a different role under clause 10.38), the Employer shall take reasonable steps to:

(a) make information available about the change to the Employee; and

(b) provide the Employee with an opportunity to discuss any significant effect the change will have on the status, pay, location or responsibility level of the position the Employee held before commencing parental leave (or the role the Employee held before commencing in a different role under clause 10.38).

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10.48 The Employee shall take reasonable steps to inform the Employer about any significant matter that will affect the Employee's decision regarding the duration of parental leave to be taken, whether the Employee intends to return to work and whether the Employee intends to request to return to work on a part time basis.

10.49 The Employee will notify the Employer of changes of address or other contact details which might affect the Employer’s capacity to comply with clause 10.47.

Effect of parental leave on employment

10.50 Any period of unpaid parental leave will not count towards continuous service but will not break an Employee's continuous service for the purpose of all service related entitlements.

Temporary and casual Employees

10.51 The Employer must not fail to re-engage a temporary or casual Employee because:

(a) the temporary or casual Employee or temporary or casual Employee’s spouse is pregnant; or

(b) the temporary or casual Employee is or has been immediately absent on parental leave.

Incorporated Terms

10.52 The following clauses are incorporated into this Agreement and will apply to:

(a) Employees covered by Section 3, Part B:

(i) clause 45.16 of the St.George Enterprise Agreement 2007; and

(ii) clause 45.17 of the St.George Enterprise Agreement 2007;

(b) Employees covered by Section 3, Part C:

(i) clause 49.53 of the St.George Enterprise Agreement 2010; and

(ii) clause 49.54 of the St.George Enterprise Agreement 2010.

Statutory paid parental leave

10.53 The Employer will continue to provide the paid parental leave set out in clauses 10.6 to 10.11, provided that the Federal Government's paid parental leave scheme (as it operateds on 1 July 2014from time to time, including in relation to dads and partners pay) (Scheme) will be implemented on a cost neutral basis to the Employer in that the total amount payable by the Employer in relation to paid parental leave for a particular Employee as a result of clauses 10.6 to 10.11, will neither increase or decrease as a result of the Scheme.

11. GRANDPARENTAL LEAVE

11.1 The provisions of this clause 11 apply to full time and part time Employees, but do not apply to temporary or casual Employees.

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11.2 In this clause 11, primary care giver means the individual with the sole responsibility for providing care to the child during normal business hours.

11.3 Employee's are entitled to a period of up to 52 weeks' unpaid grandparental leave if:

(a) the Employee has completed 12 months continuous service with their Employer;

(b) the leave is for the purpose of the Employee being the primary care giver of their grandchild; and

(c) the leave is taken between the birth or placement of the Employee's grandchild and the grandchild's second birthday.

11.4 Grandparental leave is available for a maximum of 52 weeks as a single block, as multiple blocks, as a regular period of leave each week or month, or any other flexible arrangement agreed by the Employer (eg, changed hours of work).

11.5 The Employee may take (with the Employer's agreement) accrued annual leave or long service leave while they are on unpaid grandparental leave. Any such leave is to be taken concurrently with unpaid grandparental leave and does not extend the period of available grandparental leave beyond 52 weeks.

11.6 Grandparental leave may only be taken in relation to one grandchild during the Employee's employment, unless otherwise agreed by the Employer.

11.7 An application for grandparental leave must be made at least 10 weeks prior to the requested date of commencement of the leave. The Employer will not unreasonably refuse an application for grandparental leave.

11.8 The Employer may require the Employee to provide evidence in relation to the grandparental leave arrangements (including in relation to the birth or placement of the child).

11.9 Any period of unpaid grandparental leave will not count towards continuous service but will not break an Employee's continuous service for the purpose of all service related entitlements.

11.10 With their Employer's agreement an Employee may change their grandparental leave arrangements on one occasion during the period of leave, including returning to work early or extending the leave (provided that the period of leave does not exceed 52 weeks).

11.11 On return to work, an Employee will be entitled to the position which they held immediately before proceeding on grandparental leave. If that role no longer exists, the Employee will be redeployed or retrenched in accordance with this Agreement.

12. COMPASSIONATE LEAVE

12.1 If an Employee is absent because an Employee’s immediate family member or member of the Employee's household dies, an Employee will be entitled to take a further 2 days of leave (in addition to any entitlement to take paid compassionate leave provided for in an applicable clause incorporated in Section 4) if such death occurs outside Australia and the Employee travels outside Australia to attend the funeral, per occasion. Such additional leave will either be taken as unpaid leave or annual leave. The provisions of this clause 12.1 apply to full time and part time Employees, but do not apply to:

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(a) temporary or casual Employees; or

(b) Employees to whom Section 4, Part C, Subpart 1 applies.

12.2 In this clause 12 and for the purpose of any references to 'immediate family member' in clauses providing for compassionate leave which are incorporated in Section 4, immediate family member means:

(a) the Employee’s spouse (including a former spouse, a de facto spouse, former de facto spouse, same sex partner who lives with the Employee as the de facto partner of that Employee or former same sex partner who lived with the Employee as the de facto partner of that Employee); and

(b) the child, (including an adopted child, step child, foster child or exnuptial child), parent, grandparent, grandchild or sibling of the Employee or of the Employee’s spouse.

12.3 Where an Employee takes compassionate leave in accordance with:

(a) clause 12.1; or

(b) a clause incorporated in Section 4 providing for compassionate leave in circumstances where an Employee's immediate family member or member of the Employee's household dies,

at the discretion of an Employee's Manager, the definition of immediate family member in clause 12.2 may be expanded to include a close relative or friend of the Employee. In the event of a concern regarding the Manager’s exercise of this discretion, the Employee can escalate the matter to their next level Manager under clause 22, Dispute Settlement Procedure. The provisions of this clause 12.3 apply to full time and part time Employees but do not apply to temporary or casual Employees.

13. PERSONAL / CARER'S LEAVE

13.1 For the purpose of any references to 'immediate family member' in clauses providing for personal / carer's leave which are incorporated in Section 4, immediate family member is as defined in clause 12.2.

13.2 If an Employee is going to absent from work on personal / carer's leave pursuant to a clause incorporated in Section 4, the Employee should provide at least two hours notice of their absence before their next rostered starting time unless they have a good reason for not doing so. An Employee will make all reasonable efforts to ensure that this notice is provided to their direct Manager or Manager's nominee.

13.3 If an Employee is absent from work on personal / carer's leave pursuant to a clause incorporated in Section 4, the Employee will be required to provide a medical certificate for personal / carer's leave:

(a) for any absence in excess of two single days in each twelve month period of continuous service; and / or

(b) for any absence exceeding two consecutive days,

subject to:

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(c) at the time of contacting their Manager (or Manager's nominee), an Employee will be advised if they are required to provide a medical certificate;

(d) where the Manager (or Manager's nominee) does not inform the Employee of the requirement to provide a medical certificate, the Employee may still be required to provide a statutory declaration; and

(e) in the case of carer's leave, an Employee may provide a medical certificate or statutory declaration.

14. ANNUAL PAYMENT

14.1 The purpose of this clause is to provide for an annual payment to be made to eligible Employees which replaces any entitlement an Employee previously had to payment in respect of annual leave loading under either the Westpac Enterprise Agreement 2010 or the St.George Enterprise Agreement 2010 and to provide a once off transition payment to some eligible Employees. In general terms:

(a) annual payment (clauses 14.2 - 14.4) calculated under clause 14.10(e) – Employees will be eligible to receive a payment of up to 17.5% of the average weekly total earnings of all male employees published by the Australian Bureau of Statistics in the previous August, multiplied by 4, unless calculating the payment by reference to the average of the loadings received by the Employee would result in a higher payment;

(b) transition payment (clauses 14.5 - 14.6) calculated under clause 14.10(b)) – Employees who at 31 December 2012 were eligible under the Westpac Enterprise Agreement 2010 or the St.George Enterprise Agreement 2010 to receive an annual leave loading payment at the time of taking annual leave, will be eligible to receive a one off transitional payment around May 2013 based on their annual leave balance at that time.

Annual Payment

14.2 On or around the Calculation Date, the Employer will determine whether an Employee is entitled to an Annual Payment under clause 14.10(e).

14.3 Any Annual Payment will be paid to Employees in a pay cycle in December 2013 or in a pay cycle in December 2014 or in a pay cycle in December 2015, as applicable.

14.4 If an Employee's employment terminates part way through a Payment Period, the Employee will be paid a pro rata Annual Payment calculated in respect of that part of the Payment Period worked, if:

(a) the Employee would have been eligible for a payment in respect of annual leave loading under the terms of the Westpac Enterprise Agreement 2010 or the St.George Enterprise Agreement 2010 (if they applied), in the circumstances of the particular termination; and

(b) the Employee's employment terminates:

(i) on or after the Payment Commencement Date for Preserved Entitlement Employees; or

(i) on or after 1 January 2013 for all other Employees.

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Transitional arrangement for Employees receiving annual leave loading at the time of taking annual leave between 1 January 2013 and immediately prior to the Payment Commencement Date

14.5 On or around the Payment Commencement Date, the Employer will determine whether any Preserved Entitlement Employee is entitled to a Transition Payment under clause 14.10(b).

14.6 Any Transition Payment due to a Preserved Entitlement Employee will be paid as soon as practicable after the Payment Commencement Date.

General

14.7 The Annual Payment and the Transition Payment will be subject to PAYG taxation.

14.8 Clauses 14.2 to 14.4:

(a) apply to full time and part time Employees who:

(i) would have had an entitlement to annual leave loading under the Westpac Enterprise Agreement 2010 or the St.George Enterprise Agreement 2010, if those agreements operated at the Calculation Date; and

(ii) are employed by an Employer at the time of payment of the Annual Payment, subject to clause 14.4 (which provides for an Employee to receive a pro-rata Annual Payment if their employment terminates in specific circumstances during a Performance Period); and

(b) do not apply to temporary or casual Employees.

14.9 Clauses 14.5 and 14.6:

(a) apply to full time and part time Preserved Entitlement Employees who are employed by an Employer immediately prior to the Payment Commencement Date; and

(b) do not apply to temporary or casual Employees.

14.10 For the purpose of this clause 14:

(a) Actual Hours means, for each Employee, the total number of:

(i) ordinary hours worked by an Employee; and

(ii) ordinary hours not worked because the Employee was on paid leave,

in the period from 1 January to the Calculation Date in the 2013 or 2014 or 2015 calendar year, as applicable (excluding the period from 1 January to immediately prior to the Payment Commencement Date for Preserved Entitlement Employees). Overtime and periods of unpaid leave are not included in Actual Hours;

(b) Transition Payment means a payment calculated as follows:

Hourly Rate multiplied by the number of hours of accrued but untaken

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annual leave the Employee has immediately prior to the Payment Commencement Date = X

17.5% of X = Y

Y minus any Annual Leave Loading Payment = Z

The Transition Payment is the lower of: (a) Z; or

(b) 17.5% of the payment the Employee would receive in respect of the number of hours of their accrued annual leave immediately prior to the Payment Commencement Date, if calculated according to the average weekly total earnings of all male employees published by the Australian Bureau of Statistics in the August immediately preceding the year in which the accrued annual leave accrued, provided that any Annual Leave Loading Payment has been deducted.

(c) Annual Hours means, for each Employee, their Actual Hours plus their Anticipated Hours;

(d) Annual Leave Loading Payment means the gross (pre tax) amounts paid as annual leave loading to a Preserved Entitlement Employee under the Westpac Enterprise Agreement 2010 or the St.George Enterprise Agreement 2010 (or predecessor instruments), in respect of any accrued annual leave which remains untaken immediately prior to the Payment Commencement Date;

(e) Annual Payment means a payment calculated as follows:

Annual Hours divided by Weekly Divisor = W

W multiplied by 4* = X

X multiplied by Hourly Rate = Y

17.5%** of Y = Z **However, where the average value of Loadings received (or to be received) by the Employee over the Payment Period, taking into account those periods of ordinary working hours for which the Employee does not receive Loadings, is higher than 17.5% (eg, for an Employee who worked 100 ordinary hours over a Payment Period, and received a 50% loading for 25 of those 100 hours and a 100% loading for 50 of those 100 hours, the number would be 62.5%), Z will equal that higher percentage (eg, 62.5%) of Y and Z will be the Annual Payment (and the calculation below will not apply).

Subject to the row above, the Annual Payment is the lower of: (a) Z; or

(b) 4* multiplied by 17.5% of the average weekly total earnings of all male employees published by the Australian Bureau of Statistics in the August immediately preceding the year in which the Annual Payment is

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being calculated.

* For Employees who, at any time during the Payment Period, would have been entitled to a payment for annual leave loading on 5 weeks' annual leave under either the Westpac Enterprise Agreement 2010 or the St.George Enterprise Agreement 2010 (if those instruments applied), this will be a number which reflects the rate of accrual of annual leave over the Payment Period, taking into account the fifth week of annual leave (eg, for an Employee accruing annual leave at the rate of 4 weeks for 26 weeks and 5 weeks (for which annual leave loading would have been payable under the Westpac Enterprise Agreement 2010 or the St.George Enterprise Agreement 2010) for 26 weeks, the number would be 4.5).

(f) Anticipated Hours means, for each Employee, the total number of ordinary hours an Employee is expected to work or to be on paid leave, between the day following the Calculation Date and 31 December 2013 or 31 December 2014 or 31 December 2015, as applicable, based on:

(ii) for full time Employees, the ordinary hours specified in the Agreement as applying to full time Employees; and

(iii) for part time Employees, the Employee's contracted ordinary hours (being the minimum contracted hours for flexible part time Employees);

(g) Calculation Date means a date in or around December 2013 and December 2014 and December 2015, determined by the Employer, as the date at which the Annual Payment is calculated;

(h) Hourly Rate means the Employee's hourly rate based on their gross (pre tax) amount of Fixed Pay paid to the Employee:

(iv) at the Calculation Date, where referred to in subclause (e);

(v) immediately prior to the Payment Commencement Date, where referred to in subclause (b);

(i) Loadings means:

(i) for Employees covered by Section 4, Part A, Subparts 1 to 9, shift loadings for work during ordinary hours, excluding any public holiday penalties and higher duties payments;

(ii) for Employees covered by Section 4, Part A, Subpart 10, shift allowance and weekend penalty rates for work during ordinary hours, excluding public holiday penalties;

(iii) for Employees covered by Section 4, Part A, Subpart 11, shift loadings for work during ordinary hours, excluding public holiday penalties;

(iv) for Employees covered by Section 4, Part B:

(A) for shiftworkers (as that term is defined in the St.George Enterprise Agreement 2007), shift allowances;

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(B) who are not shiftworkers (as that term is defined in the St.George Enterprise Agreement 2007), any shift allowance or loading for work during ordinary hours;

(v) for Employees covered by Section 4, Part C, Subpart 1:

(A) for shiftworkers (as that term is defined in the BT Agreement), shift allowances for working during ordinary hours, excluding public holiday shifts;

(B) who are not shiftworkers (as that term is defined in the BT Agreement), no loadings or penalties are taken into account;

(vi) for Employees covered by Section 4, Part D, Subpart 1, shift allowance or loading for rostered work during ordinary hours;

(vii) for Employees covered by Section 4, Part C, Subpart 2; Section 4, Part D, Subpart 2 and Section 4, Part E, Subpart 1 and Section 4, Part F, Subpart 1:

(A) for employees performing day work (as that term is used in the Modern Banking Award), relevant weekend penalty rates;

(B) for employees performing shiftwork (as that term is used in the Modern Banking Award), shift loadings and relevant weekend penalty rates;

(viii) for Employees covered by Section 4, Part G:

(A) who are non-packaged Employees (as that term is used in the St.George Enterprise Agreement 2010), loadings which the Employee would have received for rostered work during ordinary hours of work;

(B) who are shiftworkers, shift allowances;

(ix) for Employees covered by Section 4, Part C, Subpart 2; Section 4, Part D, Subpart 3; Section 4, Part E, Subpart 2; Section 4, Part F, Subpart 2, no loadings or penalties are taken into account,

but excluding any loadings or penalties in relation to overtime and, for part time Employees, any loadings or penalties for ordinary hours which exceed the Employee's contracted hours (including the maximum contracted hours for flexible part time Employees).

(j) Payment Commencement Date means a date, determined by the Employer, at which Preserved Entitlement Employees will cease receiving payments in respect of annual leave loading under provisions incorporated in Section 4 of this Agreement and will become entitled to an Annual Payment under this clause 14. It is currently anticipated this date will be in or about May 2013;

(k) Payment Period means, for the Annual Payment to be made in:

(i) December 2013, the period from:

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(A) the Payment Commencement Date to 31 December 2013 in respect of the Preserved Entitlement Employees; or

(B) 1 January 2013 to 31 December 2013 in respect of those Employees who would have received a one off annual payment in respect of annual leave loading in December 2013 under the Westpac Enterprise Agreement 2010 or the St.George Enterprise Agreement 2010 (if they operated); and

(ii) December 2014, the period from 1 January 2014 to 31 December 2014;

(ii)(iii) December 2015, the period from 1 January 2015 to 31 December 2015;

(l) Preserved Entitlement Employees means those Employees employed at 31 December 2012 who, at that date, had an entitlement to be paid annual leave loading when they took annual leave under the Westpac Enterprise Agreement 2010 or the St.George Enterprise Agreement 2010. The provisions providing for payment of annual leave loading at the time these Employees take annual leave will be incorporated into Section 4 of the Agreement and will operate until immediately prior to the Payment Commencement Date, at which time they will cease to operate;

(m) Weekly Divisor means:

(i) 52.2 for Employees to whom Section 3, Part A and Section 4, Part A of this Agreement applies; and

(ii) 52 for all other Employees.

15. TAKING ANNUAL LEAVE

15.1 The parties recognise that it is important that Employees take their entitlement to annual leave and Employees are encouraged to take their accrued annual leave each year.

15.2 Managers will work with Employees to schedule the taking of accrued annual leave each year, which must include the Employee taking at least one period of a minimum of 10 consecutive days annual leave each year, having regard to the Employee's personal circumstances and preference.

15.3 An Employer may require an Employee to take a period of annual leave, on four weeks' notice (or such shorter period of notice agreed between the Employer and their Employee), provided the requirement is reasonable. Examples of circumstances in which an Employer may require an Employee to take annual leave include, but are not limited to:

(a) where the Employee has an excessive accrual of annual leave;

(b) during a period in which the Employer decides to shut down all or part of the workplace (eg, during the Christmas / New Year period); and

(c) where the Employee has not taken at least 10 consecutive days of annual leave in the preceding twelve months.

16. CASHING OUT LEAVE

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Annual leave

16.1 The parties recognise that it is important that Employees take their entitlement to annual leave. Notwithstanding the Incorporated Terms relating to annual leave, the Employer may provide the opportunity for Employees to cash out some of their excess annual leave.

16.2 Subject to their Employer’s approval, an Employee who has in excess of 8 weeks' accrued annual leave may request to cash out only that portion of their accrued annual leave which is above 8 weeks.

16.3 If the Employer approves the cash out of annual leave under clause 16.2, in managing an Employee’s accrued level of annual leave, the Employee will agree a plan with their Manager to reduce their remaining accrued annual leave. This plan will include as a minimum requirement, 2 consecutive weeks of annual leave to be booked within the six month period following their Employer’s approval to cash out annual leave.

16.4 An Employee and their Employer will enter into a separate written agreement outlining the proposed cashing out of accrued leave.

16.5 Payment of the cashed out leave will be made in the pay period immediately after the commencement of the minimum annual leave being taken in accordance with clause 16.3. The Employee will be paid the amount that would have been payable to them had they taken the annual leave that they have foregone.

Long service leave 16.6 Subject to applicable law and their Employer’s approval, an Employee may cash out a

portion of their long service leave accrual, provided that the Employee has a minimum of 10 years’ continuous service.

16.7 An Employee will be paid the amount that would have been payable had the Employee taken the long service leave that the Employee has foregone.

17. ELECTRONIC COMMUNICATIONS

Use of electronic technology

17.1 The Employer provides Employees with access to electronic technology and the Technology Code of Use provides guidance regarding how the Employer expects Employees to use its electronic technology in a safe, secure and productive way.

17.2 The Employer’s electronic technology may be used for limited and reasonable personal use. This includes accessing the internet for appropriate and reasonable personal use, including internet banking, research, broking and communication. An Employee should consult their People Leader if they are uncertain about what constitutes appropriate or reasonable personal use.

17.3 The Employer regularly monitors Employees’ use of electronic technology for a range of reasons, including ensuring compliance with legal and policy requirements and delivery of customer service standards. The Employer will inform all Employees that their use of technology will be monitored.

17.4 Employees may use the Employer’s electronic technology to send and receive communication from officials or representatives of the Union. The Employer will not specifically monitor such communications for the purposes of identifying the content.

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However, the Union and Employees recognise that when they communicate using the Employer’s electronic technology, such communications may be monitored in the ordinary course of Westpac’s business for the purposes outlined in clause 17.3.

Call monitoring

17.5 Clauses 17.6 to 17.8 do not apply to Employees to which Section 3, Part B applies or Section 3, Part C applies.

17.6 The Employer monitors calls of Employees in a range of business units for a range of reasons, including identification of training and development needs, ensuring compliance with legal and policy requirements and to ensure customers are served consistently and appropriately.

17.7 The Employer will inform Employees if their telephone calls will be monitored.

17.8 Call monitoring will not be the sole determinant of an Employee’s performance rating.

18. INDUCTIONS

Online inductions

18.1 The Employer and the Union agree that the Employer's online training program for new Employees will include a module prepared by the Union which contains information about the Union, its services and the benefits of Union membership.

18.2 The Union’s module should comply with the format and standards specified by the Employer and must be approved by the Employer before it is included in the online training program.

Face-to-face inductions

18.3 During the nominal term of the Agreement:

(a) Westpac Banking Corporation will provide the Union with access to new starter face-to-face induction courses conducted in Customer Contact Centres;

(b) Westpac Banking Corporation will progressively provide the Union with access to new starter face-to-face induction courses in those parts of the Westpac Retail and Business Banking Branch network where such induction courses are conducted; and

(c) the Employers will consider Union requests for similar access in other business units, where new starter face-to-face inductions occur.

18.4 The induction course given by the Union under clause 18.3 must not exceed 30 minutes.

18.5 In clause 18.3, Customer Contact Centres means customer contact centres in which Westpac Banking Corporation Employees working under the Westpac, St.George, Bank of Melbourne and BankSA brands are principally in customer facing roles and principally providing services to consumer, business and corporate customers in Australia under the above brands.

19. VOCATIONAL TRAINING

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19.1 In this clause 19, Outplacement means outplacement services provided, whether under this Agreement or not, by the Employer to the Employee in circumstances of retrenchment under this Agreement.

19.2 In circumstances of retrenchment under this Agreement, before an Employee ceases working for their Employer, an Employee may request that, rather than be provided with Outplacement, the Employer will reimburse the Employee for vocational education or training for the Employee to an amount approved by the Employer, at its discretion, in advance (Training Request). If the Employer refuses an Employee request, it will give the Employee a written response which outlines its refusal and will give reasons.

19.3 A Training Request must be accompanied by:

(a) evidence that the vocational education or training will be provided by an accredited vocational course or a registered training organisation; and

(b) evidence of the cost of the vocational education or training.

19.4 The Employee must provide the Employer with an invoice and receipt of payment in respect of the vocational educational or training course. The Employer will reimburse the Employee for the cost of the vocational education or training course which has been approved in advance by the Employer, within 60 days of being provided with the invoice and receipt of payment.

19.5 The vocational education or training course must be commenced by the Employee within 6 months of termination of their employment.

19.6 The Employer:

(a) will only consent to a Training Request which relates to an accredited vocational course or a registered training organisation; and

(b) will not be required to provide an Employee with Outplacement if the Employer agrees to the Employee's Training Request.

19.7 If the Employee is retrenched following refusal to accept a directly comparable position they will not be covered by this clause 19.

20. INDIVIDUAL FLEXIBILITY ARRANGEMENTS

20.1 Where an Employee of an Employer requests (including after discussions with an Employer), the Employee and Employer may agree to make an individual flexibility arrangement (Arrangement) to vary the effect of terms of this Agreement if:

(a) the Arrangement deals with any of the following:

(i) arrangements about when work is performed;

(ii) overtime;

(iii) penalties;

(iv) allowances;

(v) leave loading; and

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(b) the Arrangement meets the genuine needs of the Employer and the Employee in relation to any of the matters in subclause (a); and

(c) the Arrangement is genuinely agreed to by the Employer and the Employee.

20.2 An Employer must ensure that the terms of the Arrangement:

(a) are confined to a variation of the effect of terms of the Agreement concerning the matters in clause 20.1(a);

(b) are about permitted matters under section 172 of the Act; and

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

(d) result in the Employee being better off overall than the Employee would be if no Arrangement was made.

20.3 An Employer must ensure that the Arrangement:

(a) is in writing; and

(b) includes the name of the Employer and the Employee; and

(c) is signed by an authorised People Leader and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and

(d) includes details of:

(i) the terms of the Agreement that will be varied by the Arrangement; and

(ii) how the Arrangement will vary the effect of the terms of this Agreement; and

(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the Arrangement; and

(e) states the day on which the Arrangement commences.

20.4 The Employer must give the Employee a copy of the Arrangement within 14 days after it is agreed to.

20.5 An Employer or the Employee may terminate the Arrangement:

(a) by giving no more than 28 days written notice to the other party to the Arrangement; or

(b) if an Employer and the Employee agree in writing — at any time.

20.6 Upon request by the Union each 6 months, the Employer will advise the Union of the number of Arrangements made during the 6 month period under this clause 20, providing a breakdown of:

(a) the number of Arrangements which deal with each of the matters in clause 20.1(a);

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(b) the business units which the Arrangements relate to;

(c) the grade of the Employees who have made the Arrangements; and

(d) the gender of the Employees who have made the Arrangements.

This information would be provided to the Union on a strictly confidential basis.

21. INTRODUCTION OF CHANGE

Consultation about major workplace change

21.1 Where an Employer has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have significant effects on Employees, the Employer shall notify those Employees affected by the proposed changes and the Union.

21.2 "Significant effects" include termination of employment, major changes in the composition, operation or size of the Employer's workforce or in the skills required; the elimination or diminution of job or promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of Employees to other work or locations and the restructuring of jobs. Provided that where this Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

21.3 For the purposes of this clause 21, an affected Employee or Employees may appoint a representative for the purposes of the discussions referred to in clause 21.5. The Employer will recognise the representative, provided that the affected Employee or Employees have notified the Employer in writing of the identity of the representative within a reasonable time after the discussions have commenced.

21.4 Where practicable, the Employer will inform the Union of the proposed changes in a timely manner on a confidential basis in order to facilitate consultation with affected Employees.

21.5 The Employer shall discuss with the Employees affected and the Union, amongst other things, the introduction of the changes referred to in clause 21.1, the effects the changes are likely to have on Employees, measures to avert or mitigate the adverse effects of such changes on Employees and shall give prompt consideration to matters raised by the Employees and/or the Union in relation to the changes.

21.6 The discussions referred to in clause 21.5 shall commence as early as practicable after a definite decision has been made by the Employer to make the changes referred to in clause 21.1.

21.7 If a proposed change referred to in clause 21.1 relates to a major change that:

(a) directly impacts 15 FTE positions currently occupied by permanent Employees or more; and

(b) involves a reduction in FTE positions currently occupied by permanent Employees,

then the discussions referred to in clause 21.5 shall be for a period of fourteen calendar days, unless otherwise agreed between the parties.

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21.8 If a period of fourteen days for discussions applies, this will include a minimum of two business days dedicated to considering matters raised during the discussions.

21.9 For the purposes of the discussions referred to in clause 21.5, the Employer shall provide in writing to the Employees concerned and the Union, all relevant information about the changes including the nature of the changes proposed; the name and physical location of impacted business units; the anticipated reduction in FTE position currently occupied by permanent Employees; the expected effects of the changes on Employees and any other matters likely to affect Employees provided that the Employer shall not be required to disclose confidential or commercially sensitive information the disclosure of which would be contrary to its interests.

21.10 The Employer will aim to provide any information and responses to questions arising out of discussions under clause 21.5 in a timely manner.

Consultation about changes to regular rosters or ordinary hours

21.11 The Employer will consult with Employees about a change to their regular roster or ordinary hours of work. Employees may appoint a representative for the purpose of this consultation. For the purposes of this clause, the Employer will:

(a) provide information to affected Employees about the change;

(b) invite affected Employees to give their views about the impact of the change (including any impact in relation to their family of caring responsibilities); and

(a)(c) reasonably consider any views that are given by Employees.

22. DISPUTE SETTLEMENT PROCEDURE

22.1 This clause 22 does not apply to Employees to whom Section 3, Part C applies.

22.2 In this clause 22:

(a) Employee's Representative means the Union or another representative of the Employee if the Employee is not represented by the Union; and

(b) IAMA means The Institute of Arbitrators & Mediators Australia.

22.3 The parties covered by this Agreement recognise that most workplace issues can be resolved in the workplace.

22.4 If an Employee has a concern about a matter arising under this Agreement or the National Employment Standards, the Employee and their Employer will attempt to resolve the concern via each of the following steps:

Step 1: at first instance a concern should be discussed between an Employee and their immediate Manager if appropriate;

Step 2: if the concern is not resolved at step 1, an Employee or their immediate Manager may discuss the issue with the next level Manager if appropriate;

Step 3: if the concern is not resolved at step 2, an Employee, their immediate Manager or the next level Manager may discuss the issue with the relevant General Manager, Human Resources;

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Step 4: if the concern is not resolved at step 3, an Employee or Employer may refer it to FWA for conciliation;

Step 5:

Employee initiated arbitration

(a) If the concern has been referred to conciliation under step 4 and is not resolved, and the Employee wants the concern to proceed to arbitration, the Employee or the Employee's Representative will notify the Head of Employee Relations of this in writing.

(b) Arbitration will be conducted by either FWA or IAMA. In the written arbitration notification the Employee can advise their preferred dispute resolution forum. The Employer will consider the Employee's preference but will not be obliged to select the Employee's preferred dispute resolution forum. The Employer must advise the Employee or the Employee's Representative within seven days who will arbitrate the concern.

(c) Within seven days of receiving the notification from the Employer, the Employee or the Employee's Representative will either:

(i) notify IAMA in accordance with clause 22.14; or

(ii) make an application in the appropriate form to FWA.

Employer initiated arbitration

(d) If the concern has been referred to conciliation under step 4 and is not resolved, and the Employer wants the concern to proceed to arbitration, the Employer will:

(i) if the arbitration is to be conducted by a third party arbitrator, notify IAMA in accordance with clause 22.14; or

(ii) if the arbitration is to be conducted by FWA, make an application in the appropriate form to FWA.

22.5 The Employee may be legally represented or represented by the Employee's Representative in an arbitration. The Employer may be legally represented in an arbitration. However, if a party considers that it is inappropriate for the other party to have legal representation, they can raise this with the arbitrator who will make the final decision as to the legal representation of the parties.

22.6 If a concern is to be arbitrated by FWA or a third party arbitrator, the parties are excluded from making a claim (including an action, application, arbitration or complaint), in an alternate forum about the subject matter of the concern. An Employee will be advised of this provision by the Employer in the notice in step 5 in clause 22.4(b).

22.7 Except as provided for elsewhere in this Agreement, while a concern about a matter under this Agreement or the National Employment Standards is being dealt with in accordance with this clause 22, the parties will continue to work as usual, unless this is not practicable, for example, due to reasons relating to health and safety; security; or the suspension of the Employee while under investigation.

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22.8 Nothing in this clause 22 affects the Employee’s right to contact the Union, the workplace Union representative or other representative at any time for advice, information and representation. If the Union considers it appropriate, they may take a concern up directly with the Employer on behalf of an Employee.

Arbitration by Fair Work Australia

22.9 The parties agree that FWA will only arbitrate a concern if nominated by the Employer in accordance with step 5 of clause 22.4, even if an application is made to FWA to arbitrate the concern without step 5 having being followed.

22.10 Any decision of FWA under this clause 22 will bind the parties, subject to either party exercising a right of appeal about the decision to a Full Bench of FWA.

22.11 FWA shall have all the substantive and procedural powers provided for under the Act. FWA may exercise procedural powers to determine matters related to representation, hearings, witnesses, evidence and submissions necessary to make the arbitration effective.

22.12 Subject to the Act, FWA shall:

(a) avoid unnecessary formality, technicalities and legal forms;

(b) not be bound by the rules of evidence;

(c) act according to equity, good conscience and the substantial merits of the case;

(d) apply the principles of natural justice;

(e) have the power to determine appropriate remedies to resolve the concern; and

(f) unless otherwise agreed by the parties, provide any decisions in writing, accompanied (or followed) by written reason.

22.13 Any proceeding shall, unless otherwise agreed by the parties to the concern, or their representatives, be recorded and transcribed.

Arbitration by a third party arbitrator 22.14 A third party arbitration under step 5 of clause 22.4 may be commenced by the party

electing to proceed to arbitration giving notice in writing to IAMA setting out briefly the nature of the concern and the resolution which is sought. A copy of the notice must be provided at the same time to the other party to the concern.

22.15 IAMA will nominate a member of the Panel of Arbitrators (see clauses 22.24 to 22.25) to arbitrate the concern within 7 days after receipt of the notice in clause 22.14. IAMA will endeavour to arrange for the nominated member of the Panel of Arbitrators to conduct the arbitration. Before nominating an arbitrator, IAMA shall ascertain that the member of the Panel of Arbitrators is available to carry out the arbitration and does not have a conflict of interest.

22.16 If no member of the Panel of Arbitrators is available, the parties will agree on an arbitrator selected from a list of people, who have experience in employment and / or industrial relations related disputes, provided by IAMA. If the parties cannot agree on an arbitrator, IAMA will (in its absolute discretion) nominate the arbitrator. If IAMA is unable to nominate an arbitrator then FWA will be the appropriate arbitrator.

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22.17 Clauses 22.15 and 22.16 do not prevent the parties to a concern reaching an agreement:

(a) that a particular member of the Panel of Arbitrators is suitable to arbitrate a particular concern, in which case the parties will notify IAMA of this agreement and IAMA will arrange for the agreed member of the Panel of Arbitrators to conduct the arbitration; or

(b) directly with a specific member of the Panel of Arbitrators that he or she will arbitrate the concern in accordance with this clause 22.

22.18 In arbitrating a concern, subject to the limits in the Act about third party arbitration, the arbitrator will determine the applicable procedure which must be consistent with:

(a) the principles set out in clauses 22.12(a) to (f); and

(b) the principles of natural justice,

and have regard to IAMA’s Labour Arbitration Rules, to the extent they are not inconsistent with this clause 22 and the principles in subclauses (a) and (b).

22.19 The parties and the arbitrator shall use their best endeavours to complete the arbitration and issue a decision within 28 days after the notice under clause 22.14 is received by IAMA.

22.20 The arbitration proceedings and the decision shall be private and confidential to the parties.

22.21 The decision of the arbitrator will be final and binding on the parties. No appeal or challenge may be made to FWA (or another court or tribunal) about any aspect of a third party arbitration including about the arbitrator’s award or the conduct of the arbitration and no other claim (including an action, application, arbitration or complaint) can be made about the subject matter of the concern.

Costs 22.22 The parties will be responsible for their own costs of an arbitration, provided that, if the

concern is not arbitrated by FWA, the fees of the arbitrator will be paid by the Employer.

IAMA and the Panel of Arbitrators

22.23 IAMA has been appointed by Westpac Banking Corporation to provide administrative assistance in connection with third party arbitrations and to nominate arbitrators. IAMA will not have any role in relation to the substance of the arbitration.

22.24 Westpac Banking Corporation and the Union have jointly agreed to a national panel of ten independent arbitrators registered with IAMA to deal with concerns under this clause 22 (Panel of Arbitrators).

22.25 Westpac Banking Corporation and the Union will review the Panel of Arbitrators every twelve months. Any changes to the Panel of Arbitrators at this time will only be by agreement between Westpac Banking Corporation and the Union in accordance with a procedure recommended by IAMA and provided that, to be appointed to the Panel of Arbitrators, a person must be suitable qualified and experienced as an arbitrator in employment and / or industrial relations matters.

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22.26 If a member of the Panel of Arbitrators in a relevant state or territory ceases to be available, IAMA will appoint a new member to the Panel of Arbitrators.

22.27 Whilst the Employer and the Union will work collaboratively in the maintenance of the Panel of Arbitrators, Westpac Banking Corporation will be responsible for all costs and expenses of IAMA.

22.28 Westpac Banking Corporation and the Union may terminate the services of IAMA under this clause 22 only by agreement. In these circumstances, IAMA will not be terminated until Westpac Banking Corporation and the Union have agreed to the appointment of an alternative independent body, which has experience in alternative dispute resolution in employment and industrial relations, to provide administrative assistance in connection with private arbitrations and to nominate arbitrators. Following agreement, the parties will appoint the agreed alternative body. The alternative body will perform the services IAMA is specified to perform under this clause 22.

22.29 If IAMA ceases to be available to provide its services during the term of this Agreement, FWA will in the interim conduct all arbitrations until the parties can agree upon the appointment of an alternative independent body. Such agreement shall not be unreasonably withheld.

23. SUPERANNUATION

23.1 This clause 23 does not apply to Employees to which Section 4, Part D applies.

23.2 In this clause:

(a) BT Super for Life means BT Super for Life – Westpac Group Plan;

(b) DB Employee means an Employee who, at the Commencement Date, was a member entitled to defined benefits under BT Super for Life;

(c) Minimum SG Contributions means the minimum level of superannuation contributions which an Employer must make per quarter on behalf of an Employee so as not to be liable to pay a charge under the Superannuation Guarantee legislation. At the Commencement Date, the Minimum SG Contribution is 9% of OTE up to the SG Contribution Cap, per quarter (but this is expected to increase during the nominal term of the Agreement);

(d) OTE has the meaning given to the expression ordinary time earnings in the Superannuation Guarantee legislation;

(e) SG Contribution Cap means the maximum level of superannuation contributions which an Employer is required to make per quarter on behalf of an Employee so as not to be liable to pay a charge under the Superannuation Guarantee legislation. At the Commencement Date, the SG Contribution Cap is $4,117.50 (ie, 9% of OTE of $45,750), per quarter;

(f) Superannuation Guarantee legislation means the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGA Act) and the Superannuation Guarantee Charge Act 1992 (Cth).

Employees engaged prior to Commencement Date

23.3 In relation to an Employee (other than a DB Employee) employed immediately prior to the Commencement Date, subject to clause 23.4, the Employer must make

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superannuation contributions on behalf of the Employee to a fund in accordance with clauses 23.6 and 23.7 equal to:

(a) 9% of the Employee's annual Fixed Pay and payments in respect of authorised paid leave (other than payments which do not form part of OTE); plus

(b) where the amount referred to in subclause (a) in a quarter is less than the SG Contribution Cap for that quarter, up to 9% of the remainder of the Employee's OTE (which includes, for example, certain bonuses, commissions, shift and casual loadings and allowances). However, additional contributions payable under this subclause (b) are limited to the difference between the amount referred to in subclause (a) and the SG Contribution Cap.

23.4 Where the superannuation contribution payable by an Employer under clause 23.3 would exceed the Minimum SG Contributions in respect of the Employee, the Employee may request the Employer to pay such amount of the excess that has not already been contributed to a superannuation fund as cash income to the Employee (less applicable tax) and no superannuation contribution will be payable in respect of that cash income. The Employer may, in its absolute discretion, accept or refuse such a request.

Employees engaged on or after Commencement Date

23.5 In relation to an Employee employed on or after the Commencement Date, the Employer must make superannuation contributions on behalf of the Employee to a fund in accordance with clauses 23.6 and 23.7 equal to the Minimum SG Contributions.

General

23.6 The Employer will make the superannuation contributions provided for in this clause 23 on behalf of the Employee into a superannuation fund the Employee chooses in accordance with the SGA Act. Such funds may include BT Super for Life (or its successor), a different fund nominated under clause 23.7(b) or another complying superannuation fund.

23.7 If the Employee does not choose a superannuation fund in accordance with the SGA Act, the Employee's Employer will make the superannuation contributions into:

(a) BT Super for Life (or its successor, or a different fund nominated under subclause (b));

(b) another complying superannuation fund nominated by the Employer from time to time (provided that it offers a MySuper product or otherwise satisfies the requirements of section 194 of the Act). If the Employer proposes to nominate a different fund to BT Super for Life, then it will consult with the Union about the proposed change. The proposed change will not be made without the Union’s agreement, provided that the Union’s agreement will not be unreasonably withheld.

23.8 In relation to a DB Employee, the Employer must continue to make superannuation contributions on behalf of the Employee to:

(a) the superannuation fund to which it was contributing for the DB Employee on the Commencement Date (or its successor); or

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(b) such other complying superannuation fund nominated by the Employer in accordance with clause 23.9.

23.9 If the Employer proposes to contribute to a fund other than a fund referred to in clause 23.8(a) for a DB Employee, the Employer will consult with the Union about the proposed change. The proposed change will not be made without the Union’s agreement, provided that the Union’s agreement will not be unreasonably withheld.

24. REDUNDANCY, REDEPLOYMENT AND RETRENCHMENT

24.1 During the nominal term of the Agreement:

(a) each Employee in a period of redeployment (ie, where the Employee has been advised by their Employer that their role is redundant) (Redeployment Period) will have a case manager;

(b) an Employee who has been notified by their Employer that their role may be redundant as a result of a change to which clause 21, Introduction of Change applies, but is not in a Redeployment Period, may, upon request by the Employee, be assigned a case manager;

(c) case managers will focus on redeploying Employees referred to in subclauses (a) and (b). Senior management approval (usually at the level of General Manager or equivalent) will be required before filling roles from external candidates;

(d) Employers will have regard to Employee preferences, including preferences for retrenchment, where making decisions in relation to redundancies; and

(e) Employees who have been notified by their Employee that their role is redundant, will be encouraged to complete the 'Exploration of Options' form provided by the Employer to enable them to express interest in ongoing roles.

25. EMPLOYER AND FINANCE SECTOR UNION RELATIONSHIP

25.1 This clause 25 does not apply to Employees to which Section 3, Part B applies or Section 3, Part C applies.

Finance Sector Union Recognition

25.2 The Employers recognise the Union as the relevant union to cover the Employees. The Union understands the Employer's position in maintaining that it is an individual’s decision as to whether an Employee chooses to consult or join the Union.

25.3 The Employer and the Union recognise the importance of working together in a co-operative relationship based on the development of common goals and a shared commitment to workplace reform. The Employers and the Union are working productively and co-operatively to improve the efficiency and effectiveness of the Employer through productive work practices, and to increase the career prospects and quality of working life of Employees.

Communication

25.4 The Employer will consider Union requests for internal mail distribution, including email, on a case by case basis.

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25.5 Where requested, the Employer will provide the Union with access to one noticeboard or section of noticeboard in each workplace for the placement of Union materials.

Workplace Union Representatives

25.6 On the receipt of written advice from the Union Branch Secretary appointing an Employee as a workplace representative, the Employee’s Manager shall recognise that the Employee is accredited by the Union for that position and consistent with the obligations of his/her job may devote a reasonable amount of time to the following functions:

(a) discuss with Union members at the workplace Union matters and matters pertaining to the work they perform;

(b) discuss with officers of the Union matters referred to above and receive instructions about performance of Union duties; and

(c) when authorised by the Branch Secretary, discuss the above matters with the relevant Manager.

Trade Union Training

25.7 The Employer and the Union will agree on the number of days to be made available for approved trade union training courses.

25.8 Within these limits the Employer will grant leave to Employees wishing to attend trade union training courses during working hours, provided that the Union provides reasonable notice to the Employee’s Manager of the Employee’s nomination, and satisfactory arrangements can be made to maintain the efficiency of the Employee’s branch or business unit.

Industrial Leave

25.9 The Employer and the Union will agree the number of days to be made available for industrial leave for Employees duly elected by the Union as honorary officials.

25.10 Such paid leave will be for attendance to the Union National Conference, Union State Conference, State Branch Committee meetings, Sub-branch/Council of committee meetings, their successors or any other attendance as agreed by the Employer.

Enterprise Agreement Committee

25.11 The Employer and the Union will continue the functions of the Enterprise Agreement Committee (EAC). The EAC will comprise senior Westpac Banking Corporation executives and senior Union officials. The EAC has the ability to establish working groups and when the need exists to develop and/or project manage a major initiative for the Employer and its Employees. The EAC also has the power to disband such working groups as required.

25.12 Westpac Banking Corporation and the Union agree to the continued operation of the Joint Job Evaluation Committee (the Committee) to evaluate positions in Grades O1-A3 (which apply to Employees covered by Section 3, Part A), to determine the appropriate Grade.

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25.13 Time spent away from normal duties due to an Employee’s participation in a working party will be taken into account in assessing the Employee’s performance against their performance objectives.

Working Groups

25.14 The Employers and the Union agree that working parties will be established during the nominal term of the Agreement.

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SECTION 3 – BUSINESS UNIT SPECIFIC TERMS

PART A – EMPLOYEES OF WESTPAC BANKING CORPORATION

26. APPLICATION

26.1 This Section 3, Part A applies to Employees employed by Westpac Banking Corporation as provided for in clause 4.3.

27. PAY (MINIMUM RATES ADJUSTMENT)

27.1 An Employee at the Commencement Date will not be paid less than the Fixed Pay they received in the pay period immediately prior to the Commencement Date, provided they continue to perform the same role at the same grade (if any) and on the same basis (ie full time, part time or temporary (casual)).

27.2 Subject to clause 27.3, the minimum rates of annual Fixed Pay for full time Employees, who perform duties in a position with a grade set out below, are:

Grade As at 01/01/13 As at 1/01/14 As at 1/01/15

O1 $41,129 $42,671 $44,271

O2 $43,009 $44,622 $46,295

O3 $45,051 $46,740 $48,493

A1 $46,876 $48,634 $50,458

A2 $51,983 $53,542 $55,148

A3 $58,151 $59,896 $61,693

M1 $67,797 $69,831 $71,926

M2 $76,356 $78,647 $81,006

M3 $85,623 $88,192 $90,838

M4 $95,439 $98,302 $101,251

27.3 Clause 27.2 operates subject to the provisions in this Agreement relating to:

(a) remuneration packaging (which are incorporated in Section 4); and

(b) Employees engaged as specialists (which are incorporated in Section 4).

27.4 For the purposes of clause 27.3(a):

(a) the minimum packaged rate for Packaged One (see clause 8.7.1 of the Westpac Award which is incorporated in Section 4) full time Employees will be no less than one dollar below the minimum rate of pay in clause 27.2 for full time Employees graded at M1 (and a pro-rated amount for part time Employees); and

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(b) the minimum package value for Packaged Two (see clause 8.7.2 of the Westpac Award which is incorporated in Section 4) A2 and A3 full time Employees are (and a pro-rated amount for part time Employees):

Grade As at 01/01/13 As at 1/01/14 As at 1/01/15

A2 $59,780 $61,573 $63,420

A3 $66,874 $68,880 $70,947

27.5 The minimum rates of annual Fixed Pay for part time Employees will be a pro-rated

amount of the applicable minimum rate of pay for a relevant full time Employee and will be determined by calculating the Employee's "part time proportion" (as defined in clause 6.11, Definitions of the Westpac Award) of the relevant minimum full time equivalent rate (where the full time rate is based on 38 hours per week over a 52 week period).

27.6 The minimum hourly rate for temporary Employees will be determined by calculating the temporary Employee's hourly rate based on applicable minimum rate of pay for a relevant full time Employee (where the full time rate is based on 38 hours per week over a 52 week period).

27.7 No Employee shall be paid less than the Federal minimum wage (as varied from time to time).

27.8 If an Employee's role is changed in part or in total, resulting in the role or its title being down graded, the Employee, as the incumbent, will not have his or her salary or status reduced while the Employee remains in that role.

27.9 The key classification is Grade O2.

28. ORDINARY HOURS OF WORK

28.1 This clause 28 applies to full time and part time Employees, and does not apply to Employees covered by clause 38, Temporary (casual) Employees or by clause 41, Shift Work or Employees excluded by other provisions of this Agreement.

28.2 Ordinary hours:

(a) can be worked at any time of the week;

(b) are up to 152 hours in each four week cycle unless the Employee has elected to cash out Time Away Days under clause 42, Time Away Days in which case ordinary hours will be 160 hours in each four week cycle;

(c) in any one day must not exceed ten hours, excluding meal breaks;

(d) in any one week must not exceed 50 hours, excluding meal breaks;

(e) include any public holiday occurring on a rostered working day (see clause 43, Public Holidays);

(f) include any time absent on approved, paid leave; and

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(g) include any Time Away Days (see clauses 42.1 to 42.7) that an Employee has deferred from a previous four week cycle and are taken in the current four week cycle (unless the Employee has elected to cash out Time Away Days in accordance with clause 42.8).

28.3 An Employee must be engaged for:

(a) a minimum of four ordinary hours on any one day, at Customer Service Centre, Tasmania; or

(b) a minimum of three ordinary hours on any day, at all other locations,

unless the Employee and Employer agree otherwise.

29. ORDINARY HOURS OF WORK AND LOADINGS – MONDAY TO FRIDAY

29.1 This clause 29 applies to full time and part time Employees who are at O, A or unpackaged M levels or are unpackaged specialists, and does not apply to other Employees covered by clause 38, Temporary (casual) Employees or clause 41, Shift Work.

29.2 Where ordinary hours are worked between Monday and Friday, 7am and 9pm, no loading or other penalties are payable.

29.3 Where an Employee and an Employer agree that the Employee will work ordinary hours between 6am to 7am Monday to Friday no loadings or other penalties are payable.

29.4 If an Employer and an Employee agree that the Employee will work ordinary hours prior to 6am or after 9pm, Monday to Friday, the Employee will be paid the higher of:

(a) a 30% loading based on the hourly rate of Fixed Pay for the hours worked prior to 6am or after 9pm; or

(b) a 100% loading based on the hourly rate of Fixed Pay for the hours worked between 12 midnight on Sunday and 6am Monday morning.

29.5 Subject to clauses 29.6 to 29.8, an Employee or Employer may cease an Employee's arrangement to work ordinary hours prior to 7am or after 9pm, Monday to Friday, by giving 12 weeks' notice in writing. If circumstances make it difficult for an Employee to meet this notice requirement, these circumstances will be considered by the Employer, and the Employee and the Employer may agree to reduce the period of notice required. In any case a shorter notice period shall apply if it can be reasonably accommodated by the Employee and the Employer.

29.6 Subject to clause 29.7, if the Employer gives notice under clause 29.5, the Employer will, to the extent that the hours are available, accommodate the change by rostering the Employee's total number of contracted ordinary hours between 7am – 9pm, Monday to Friday, by the end of the 12 week notice period (unless a shorter notice period can be accommodated).

29.7 If the Employer cannot accommodate the change under clause 29.6 to the Employee's hours by increasing their hours between 7am – 9pm, Monday to Friday, then:

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(a) for full time Employees, clause 47, Redundancy will apply (provided that, an offer of ordinary hours outside 7am – 9pm, Monday to Friday will not, in these circumstances, constitute a 'directly comparable position'); and

(b) for part time Employees, clause 36, Reduction in a Part Time Employee's Hours will apply.

29.8 If an Employee gives notice under clause 29.5:

(a) subject to subclauses (b) and (c), for full time and part time Employees, the Employer will accommodate the change by rostering the Employee's total number of contracted hours between 7am – 9pm, Monday to Friday, by the end of the 12 week notice period (unless a shorter notice period can be accommodated);

(b) for full time and part time Employees, where the Employer cannot accommodate the change by the end of the 12 week notice period, the Employee will not continue to work the hours before 7am or after 9pm, but will continue as a full time or part time Employee (and will continue to be paid as such except that no penalties or loadings will be paid for hours not worked). When the Employer can accommodate the change, the Employer may direct the Employee to work up to their total number of contracted hours, subject to subclause (c);

(c) for part time Employees, if the Employer can accommodate the Employee under subclause (a), the Employer will advise the Employee of the proposed alternative hours (which will involve rostering the Employee's total number of contracted hours between 7am – 9pm, Monday to Friday).

The Employee may either:

(i) commence working the proposed alternative hours; or

(ii) not accept the proposed alternative hours and agree to their contracted hours being reduced (and they will not be paid in respect of the hours they no longer work); or

(iii) raise a concern under clause 22, Dispute Settlement Procedure, during which an Employee will not be paid for hours they do not work.

If the Employee raises a concern and it is determined, under clause 22, Dispute Settlement Procedure, that:

(iv) the proposed alternative hours are reasonable, the Employee must either commence working those hours or not accept the alternative hours and agree to their contracted hours being reduced (and they will not be paid in respect of the hours they no longer work);

(v) the proposed alternative hours are not reasonable, the Employee will:

(A) not continue to work the hours before 7am of after 9pm, Monday to Friday;

(B) in accordance with subclause (b), be paid for their previously contracted hours except that no penalties or loadings will be paid for hours not worked. The Employer will then seek to

47

accommodate the change by proposing further alternative hours; and

(C) receive a back payment (if any) from the Employer (less applicable tax) of the difference between any payment for hours the Employee worked from the date they raised a concern under clause 22, Dispute Settlement Procedure (Concern Date) to the date of the determination that the proposed alternative hours are not reasonable (Determination Date), and the payment the Employee would have received if they had been paid under subclause (b) from the Concern Date to the Determination Date.

General

29.9 Steps 1 and 2 in clause 35, Setting Hours of Work, will apply to a change to hours under this clause 29 and these steps must be completed within 12 weeks of the notice under clause 29.5 being received.

29.10 If an Employee or Employer raises a concern under clause 22, Dispute Settlement Procedure about a change to hours under this clause 29, while the concern is being resolved the Employer and the Employee will agree that the Employee:

(a) will continue working the hours before 7am or after 9pm, Monday to Friday; or

(b) will cease to work the hours before 7am or after 9pm, Monday to Friday; or

(c) will work other hours on an interim basis. Agreement under this subclause (c) will not be unreasonably withheld.

This clause 29.10 prevails over clause 22.7, Dispute Settlement Procedure.

30. ORDINARY HOURS OF WORK AND LOADINGS - WEEKENDS

30.1 This clause 30 applies to full time and part time Employees who are at O, A or unpackaged M levels or are unpackaged specialists, and does not apply to other Employees covered by clause 38, Temporary (casual) Employees or by clause 41, Shift Work. The operation of this clause 30 is subject to clause 31, Transitional Arrangements for Saturday Work in Branches, CSC, Group Operations and ATM Operations.

30.2 Where an Employee agrees to work ordinary hours on weekends after the Commencement Date, this must be documented.

30.3 Ordinary hours can be worked at any time on the weekend.

30.4 The Employer can replace any hours of work which are worked as overtime on the weekend with ordinary hours of work on the weekend, subject to clause 30.5.

30.5 Where the Employer proposes to introduce ordinary hours on the weekend in a branch, or TULO CSC, preference for working those ordinary hours will be given to Employees in the following order:

(a) Employees regularly working weekends as overtime in the branch or TULO CSC and the Employee has expressed an interest in working ordinary hours on weekends;

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(b) other Employees working in the branch where the weekend work is available;

(c) other Employees located near the branch where the weekend work is available,

provided that the Employer will determine which ordinary hours may need to be foregone by the Employee between Monday to Friday, and this will be discussed with the Employee in accordance with steps 1 and 2 in clause 35, Setting Hours of Work. If, following those discussions, the Employer and the Employee cannot agree, the Employer will confirm the Employee will work their ordinary hours Monday to Friday and overtime will no longer be regularly worked by the Employee on a Saturday from this time or at a later time as determined by the Employer.

30.6 Employees who work ordinary hours on the weekend will have at least 2 days off work in any 7 day period, unless the Employee and the Employer agree otherwise in writing.

30.7 Where reasonably practicable, the Employer will agree to an Employee having two consecutive days off, if that is their preference.

30.8 If the Employee has agreed to work 6 days in any 7 day period, the Employee may revert to at least 2 days off work in any 7 day period by giving 4 weeks' notice in writing, except if the change relates to the Employee no longer working on the weekend, in which case clauses 30.13 and 30.14, 30.15 and 30.16, 31.7, 31.13 to 31.15 or 31.16 and 31.17 applies.

30.9 An Employee's absence on a Time Away Day does not count as a day off work for the purposes of clauses 30.6 to 30.7.

30.10 An Employee’s agreement with their Employer to work on weekends will lapse if the Employee has not been rostered by the Employer to regularly work weekends within 6 months of signing the agreement.

30.11 All hours worked by an Employee on a weekend are ordinary hours unless the hours worked are overtime in accordance with clause 40, Overtime.

30.12 If an Employer and Employee agree that the Employee will work ordinary hours on the weekend, the Employee will be paid the following loadings:

Ordinary Hours of work – Weekends Loadings or other penalties

For hours between 8am – 6pm 50% loading based on the hourly rate of Fixed Pay, for work on a Saturday

75% loading based on the hourly rate of Fixed Pay, for work on a Sunday

For hours before 8am and after 6pm 100% loading based on the hourly rate of Fixed Pay

Employees electing to cease work between 8am and 6pm on weekends

30.13 Subject to clause 30.14, Employees who have agreed with their Employer to work ordinary hours between 8am – 6pm on weekends may only cease doing so if there is a suitable Employee (ie, an Employee with appropriate experience, training and accreditation and performance record where applicable) available to replace the Employee requesting the change. If circumstances make it difficult for an Employee to continue working ordinary hours on weekends, prior to a suitable Employee being available, these circumstances will be considered by the Employer, and the Employer

49

will not unreasonably refuse an Employee's request to withdraw from weekend work at an earlier time.

30.14 If an Employee gives notice under clause 30.13, the Employer will:

(a) initiate a process relevant to its business to make appropriate Employees aware of the opportunity to work the weekend hours the Employee wishes to cease working;

(b) subject to subclauses (c) and (d), for full time Employees and part time Employees, the Employer will accommodate the change by rostering the Employee's total number of contracted hours between 7am – 9pm, Monday to Friday, when a suitable replacement is available (or earlier if agreed by the Employer);

(c) for full time and part time Employees, where the Employer cannot accommodate the change when a suitable replacement is found, the Employee will not continue to work the hours between 8am – 6pm on weekends, but will continue as a full time or part time Employee (and will continue to be paid as such except that no penalties or loadings will be paid for hours not worked). When the Employer can accommodate the change, the Employer may direct the Employee to work up to their total number of contracted hours, subject to subclause (d);

(d) for part time Employees, if the Employer can accommodate the Employee under subclause (b), the Employer will advise the Employee of the proposed alternative hours (which will involve rostering the Employee's total number of contracted hours between 7am – 9pm, Monday to Friday).

The Employee may either:

(i) commence working the proposed alternative hours; or

(ii) not accept the proposed alternative hours and agree to their contracted hours being reduced (and they will not be paid in respect of the hours they no longer work); or

(iii) raise a concern under clause 22, Dispute Settlement Procedure, during which an Employee will not be paid for hours they do not work.

If the Employee raises a concern and it is determined, under clause 22, Dispute Settlement Procedure, that:

(iv) the proposed alternative hours are reasonable, the Employee must either commence working those hours or not accept the alternative hours and agree to their contracted hours being reduced (and they will not be paid in respect of the hours they no longer work);

(v) the proposed alternative hours are not reasonable, the Employee will:

(A) not continue to work the hours between 8am – 6pm on weekends;

(B) in accordance with subclause (c), be paid for their previously contracted hours except that no penalties or loadings will be paid for hours not worked. The Employer will then seek to accommodate the change by proposing further alternative hours; and

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(C) receive a back payment (if any) from the Employer (less applicable tax) of the difference between any payment for hours the Employee worked from the date they raised a concern under clause 22, Dispute Settlement Procedure (Concern Date) to the date of the determination that the proposed alternative hours are not reasonable (Determination Date), and the payment the Employee would have received if they had been paid under subclause (c) from the Concern Date to the Determination Date.

Employees electing to cease work before 8am and after 6pm on weekends

30.15 Subject to clause 30.16, Employees who have agreed with their Employer to work prior to 8am or after 6pm on weekends may cease to work prior to 8am or after 6pm by giving 12 weeks' notice in writing to their Employer. If circumstances make it difficult for an Employee to meet this notice requirement, these circumstances will be considered by the Employer, and the Employee and the Employer may agree to reduce the period of notice required. In any case a shorter notice period shall apply if it can be reasonably accommodated by the Employer. If the Employee only wants to cease working hours before 8am or after 6pm on a Saturday or a Sunday, and the hours the Employee wants to cease are 50% or more of the hours that the Employee works on that day, the Employee will only continue to work any remaining hours between 8am – 6pm on that day if it is suitable to the Employer's operational requirements. If it does not suit the Employer's operational requirements for the Employee to continue working the hours between 8am – 6pm, the process in clause 30.16 will apply in respect of hours the Employee needs to cease.

30.16 If an Employee gives notice under clause 30.15:

(a) subject to subclauses (b) and (c), for full time and part time Employees, the Employer will accommodate the change by rostering the Employee's total number of contracted hours between 8am – 6pm on weekends (if this is the Employee's preference and the hours are available) or between 7am – 9pm, Monday to Friday, by the end of the 12 week notice period (unless a shorter period can be accommodated);

(b) for full time and part time Employees, where the Employer cannot accommodate the change by the end of the 12 week notice period, the Employee will not continue to work the hours before 8am or after 6pm, but will continue as a full time or part time Employee (and will continue to be paid as such except that no penalties or loadings will be paid for hours not worked). When the Employer can accommodate the change, the Employer may direct the Employee to work up to their total number of contracted hours, subject to subclause (c);

(c) for part time Employees, if the Employer can accommodate the Employee under subclause (a), the Employer will advise the Employee of the proposed alternative hours (which will involve rostering the Employee's total number of contracted hours either between 8am – 6pm on weekends (if this is the Employee's preference and the hours are available) or between 7am – 9pm, Monday to Friday).

The Employee may either:

(i) commence working the proposed alternative hours; or

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(ii) not accept the proposed alternative hours and agree to their contracted hours being reduced (and they will not be paid in respect of the hours they no longer work); or

(iii) raise a concern under clause 22, Dispute Settlement Procedure, during which an Employee will not be paid for hours they do not work.

If the Employee raises a concern and it is determined, under clause 22, Dispute Settlement Procedure, that:

(i) the proposed alternative hours are reasonable, the Employee must either commence working those hours or not accept the alternative hours and agree to their contracted hours being reduced (and they will not be paid in respect of the hours they no longer work);

(ii) the proposed alternative hours are not reasonable, the Employee will:

(A) not continue to work the hours before 8am or after 6pm on weekends;

(B) in accordance with subclause (b), be paid for their previously contracted hours except that no penalties or loadings will be paid for hours not worked. The Employer will then seek to accommodate the change by proposing further alternative hours; and

(C) receive a back payment (if any) from the Employer (less applicable tax) of the difference between any payment for hours the Employee worked from the date they raised a concern under clause 22, Dispute Settlement Procedure (Concern Date) to the date of the determination that the proposed alternative hours are not reasonable (Determination Date), and the payment the Employee would have received if they had been paid under subclause (b) from the Concern Date to the Determination Date.

Employees electing to cease work before and after 8am or before and after 6pm on weekends

30.17 Employees who have agreed with their Employer to work before and after 8am and/or before and after 6pm on weekends may cease working hours on a weekend which extend before and after 8am or before and after 6pm as follows:

(a) if more than 50% of the hours the Employee wants to cease are between 8am to 6pm, the Employee may only cease working the hours under clauses 30.13 and 30.14;

(b) if 50% or more of the hours the Employee wants to cease are before 8am or after 6pm, the Employee may only cease working the hours under clauses 30.15 and 30.16.

Employer electing to cease weekend hours

30.18 Subject to clauses 30.19 and 30.20, the Employer may cease an Employee’s arrangements to work ordinary hours on weekends (either ordinary hours before 8am, between 8am to 6pm or after 6pm), by giving 12 weeks' notice in writing. A shorter

52

notice period shall apply if it can be reasonably accommodated by the Employee and the Employer.

30.19 Subject to clause 30.20, if the Employer gives notice under clause 30.18, the Employer will, to the extent the hours are available, accommodate the change by rostering the Employee's total number of contracted ordinary hours between 7am – 9pm, Monday to Friday, by the end of the 12 week notice period (unless a shorter notice period can be accommodated).

30.20 If the Employer cannot accommodate the change to the Employee's hours under clause 30.19 by increasing their hours between 7am - 9pm, Monday to Friday, then:

(a) for full time Employees, clause 47, Redundancy will apply (provided that, an offer of ordinary hours outside 7am – 9pm, Monday to Friday will not, in these circumstances, constitute a 'directly comparable position'); and

(b) for part time Employees, clause 36, Reduction in a Part Time Employee's Hours will apply.

General

30.21 Steps 1 and 2 in clause 35, Setting Hours of Work, will apply to a change to hours under this clause 30 and these steps must be completed within 12 weeks of the notice under clauses 30.15 or 30.18 being received or, in relation to clause 30.13, within a reasonable period after a suitable replacement is found.

30.22 If an Employee or Employer raises a concern under clause 22, Dispute Settlement Procedure about a change to hours under this clause 30, while the concern is being resolved, the Employer and the Employee will agree that the Employee:

(a) will continue working the hours on the weekend which are being ceased under this clause 30; or

(b) will cease to work the hours on the weekend which are being ceased under this clause 30; or

(c) will work other hours on an interim basis. Agreement under this subclause (c) will not be unreasonably withheld.

This clause 30.22 prevails over clause 22.7, Dispute Settlement Procedure.

31. TRANSITIONAL ARRANGEMENTS FOR SATURDAY WORK IN BRANCHES, CSC, GROUP OPERATIONS AND ATM OPERATIONS

31.1 This clause 31 applies to full time and part time Employees who are at O, A or unpackaged M levels or are unpackaged specialists, and does not apply to other Employees covered by clause 38, Temporary (casual) Employees or by clause 41, Shift Work.

31.2 Except as provided for in this clause 31, an Employee will work on the weekend in accordance with clause 30, Ordinary Hours of Work and Loadings – Weekends.

Transitional arrangements for Employees working Saturdays as overtime in branches at 24 September 2010 in NSW, ACT, SA, TAS, the NT and TULO CSC

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31.3 Clauses 31.4 and 31.5 apply to Employees in NSW, the ACT, SA, TAS, and the NT who regularly worked overtime in branches in their state or territory, or who regularly worked overtime in TULO CSC, on Saturdays in the 12 month period prior to 24 September 2010.

31.4 Employees who continue working the hours they worked on a Saturday before 24 September 2010 may continue to receive a loading of 100% based on the hourly rate of Fixed Pay for that work, provided that if the Employer can arrange for a different Employee to work the hours on the Saturday as ordinary hours, clause 22.4 and, where applicable, clause 22.5 will apply.

31.5 If an Employee ceases to work these hours on a Saturday the Employee may only recommence working on a Saturday or a Sunday as ordinary hours in accordance with clause 30, Ordinary Hours of Work and Loadings - Weekends.

Transitional arrangements for Employees working Saturdays in branches at 24 September 2010 in VIC, QLD and WA

31.6 Clause 31.7 applies to Employees in VIC, QLD and WA who regularly worked in branches in their state, on Saturdays in the 12 month period prior to 24 September 2010.

31.7 Employees who work on Saturdays under clause 31.6, may cease to do so:

(a) for all Employees, by giving 4 weeks' notice in writing; and

(b) in the case of Employees covered by the Westpac Qld EDA immediately prior to 24 September 2010, immediately if a suitably qualified alternative volunteer is available and agreed by local management.

Transitional arrangements for Employees working before 7am or after 9pm, Monday to Friday or on the weekends at CSC Tasmania, CSC SA, CSC NSW, Group Operations Bedford Park, Group Operations Lockleys and ATM Operations

31.8 Clauses 31.9 to 31.20 apply to Employees who regularly worked before 7am or after 9pm, Monday to Friday or on weekends in the 12 month period prior to 24 September 2010 at CSC Tasmania, CSC SA, CSC NSW, Group Operations Bedford Park, Group Operations Lockleys and ATM Operations.

Ceasing to work before 7am or after 9pm, Monday to Friday

31.9 Subject to clauses 31.10 to 31.12, an Employee or Employer may cease an Employee's arrangement to work ordinary hours prior to 7am or after 9pm, Monday to Friday, by giving 12 weeks' notice in writing. If circumstances make it difficult for an Employee to meet this notice requirement, these circumstances will be considered by the Employer, and the Employee and the Employer may agree to reduce the period of notice required. In any case a shorter notice period shall apply if it can be reasonably accommodated by the Employee and the Employer.

31.10 Subject to clause 31.11, if the Employer gives notice under clause 31.9, the Employer will, to the extent that the hours are available, accommodate the change by rostering the Employee's total number of contracted ordinary hours between 7am – 9pm, Monday to Friday, by the end of the 12 week notice period (unless a shorter notice period can be accommodated).

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31.11 If the Employer cannot accommodate the change under clause 31.10 to the Employee's hours by increasing their hours between 7am – 9pm, Monday to Friday, then for full time and part time Employees, clause 47, Redundancy will apply (provided that, an offer of ordinary hours outside 7am – 9pm, Monday to Friday will not, in these circumstances, constitute a 'directly comparable position').

31.12 If an Employee gives notice under clause 31.9 the Employer will accommodate the change by rostering the Employee's total number of contracted ordinary hours between 7am – 9pm, Monday to Friday, by the end of the 12 week notice period (unless a shorter notice period can be accommodated).

Employees electing to cease work between 8am and 6pm on weekends

31.13 Subject to clause 31.15, Employees who have agreed with their Employer to work ordinary hours between 8am – 6pm on weekends may only cease doing so if there is a suitable Employee (ie, an Employee with appropriate experience, training and accreditation and performance record) available to replace the Employee requesting the change. If circumstances make it difficult for an Employee to continue working ordinary hours on weekends, prior to a suitable Employee being available, these circumstances will be considered by the Employer, and the Employer will not unreasonably refuse an Employee's request to withdraw from weekend work at an earlier time.

31.14 The Employer will initiate a process relevant to its business to make appropriate Employees aware of the opportunity to work the weekend hours the Employee wishes to cease working.

31.15 If an Employee gives notice under clause 31.13, the Employer will accommodate the change by rostering the Employee's total number of contracted ordinary hours between 7am – 9pm, Monday to Friday, when a suitable replacement is found (or earlier if agreed by the Employer).

Employees electing to cease work before 8am and after 6pm on weekends

31.16 Subject to clause 31.17, Employees who have agreed with their Employer to work prior to 8am or after 6pm on weekends may cease to work prior to 8am or after 6pm by giving 12 weeks' notice in writing to their Employer. If circumstances make it difficult for an Employee to meet this notice requirement, these circumstances will be considered by the Employer, and the Employee and the Employer may agree to reduce the period of notice required. In any case a shorter notice period shall apply if it can be reasonably accommodated by the Employer. Whether an Employee will continue to work those hours between 8am – 6pm on the weekends which have previously been agreed with their Employer, will be subject to the Employer's operational requirements.

31.17 If an Employee gives notice under clause 31.16 the Employer will accommodate the change by rostering the Employee's total number of contracted ordinary hours, either between 8am – 6pm on weekends (if this is the Employee's preference and the hours are available) or between 7am – 9pm, Monday to Friday, by the end of the 12 week notice period (unless a shorter notice period can be accommodated).

Employer electing to cease weekend hours

31.18 Subject to clauses 31.19 and 31.20, the Employer may cease an Employee’s arrangements to work ordinary hours on weekends (either ordinary hours before 8am, between 8am to 6pm or after 6pm), by giving 12 weeks' notice in writing. A shorter

55

notice period shall apply if it can be reasonably accommodated by the Employee and the Employer.

31.19 Subject to clause 31.20, if the Employer gives notice under clause 31.18, the Employer will, to the extent the hours are available, accommodate the change by rostering the Employee's total number of contracted ordinary hours between 7am – 9pm, Monday to Friday, by the end of the 12 week notice period (unless a shorter notice period can be accommodated).

31.20 If the Employer cannot accommodate the change to the Employee's hours under clause 31.19 by increasing their hours between 7am - 9pm, Monday to Friday, then for full time and part time Employees, clause 47, Redundancy will apply (provided that, an offer of ordinary hours outside 7am – 9pm, Monday to Friday will not, in these circumstances, constitute a 'directly comparable position').

General

31.21 Subject to clause 31.22, steps 1 and 2 in clause 35, Setting Hours of Work, will apply to a change to hours under this clause 31 and these steps must be completed within 12 weeks of the notice under clauses 31.9, 31.16 or 31.18 being received or, in relation to clause 31.13, within a reasonable period after a suitable replacement is found.

31.22 Clause 35, Setting Hours of Work, will not apply to a change to hours under clauses 31.6 to 31.7.

31.23 If an Employee or Employer raises a concern under clause 22, Dispute Settlement Procedure about a change to hours under this clause 31, while the concern is being resolved the Employer and the Employee will agree that the Employee:

(a) will continue working the hours which are being ceased under this clause 31; or

(b) will cease to work the hours which are being ceased under this clause 31; or

(c) will work other hours on an interim basis. Agreement under this subclause (c) will not be unreasonably withheld.

This clause prevails over clause 22.7, Dispute Settlement Procedure.

32. LOADINGS

32.1 Subject to clause 32.5, this clause 32 applies to full time and part time Employees who are an O, A or unpackaged M level or are unpackaged specialists.

32.2 Subject to clause 32.3, the loadings provided for in this Agreement will be calculated as a percentage of the Employee's hourly rate of Fixed Pay for the hour to which the loading relates.

32.3 If an Employee's annual Fixed Pay exceeds the minimum rate of Fixed Pay for full time Grade M1 Employees specified in clause 27, Pay (Minimum Rates Adjustment), the loading will be calculated on the hourly rate of the Grade M1 minimum for the hour to which the loading relates (and for part time Employees, a pro-rated amount). This clause will not apply to the loadings in clause 32.5(b).

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32.4 The table below summarises the loadings provided for in clause 29, Ordinary Hours of Work and Loadings – Monday to Friday, and clause 30, Ordinary Hours of Work and Loadings - Weekends as follows:

HOURS MONDAY TUESDAY -

FRIDAY SATURDAY SUNDAY

12am-1am 100% 30% 100% 100%

1am-2am 100% 30% 100% 100%

2am-3am 100% 30% 100% 100%

3am-4am 100% 30% 100% 100%

4am-5am 100% 30% 100% 100%

5am-6am 100% 30% 100% 100%

6am-7am 0 0 100% 100%

7am-8am 0 0 100% 100%

8am-9am 0 0 50% 75%

9am-10am 0 0 50% 75%

10am-11am 0 0 50% 75%

11am-12pm 0 0 50% 75%

12pm-1pm 0 0 50% 75%

1pm-2pm 0 0 50% 75%

2pm-3pm 0 0 50% 75%

3pm-4pm 0 0 50% 75%

4pm-5pm 0 0 50% 75%

5pm-6pm 0 0 50% 75%

6pm-7pm 0 0 100% 100%

7pm-8pm 0 0 100% 100%

8pm-9pm 0 0 100% 100%

9pm-10pm 30% 30% 100% 100%

10pm-11pm 30% 30% 100% 100%

11pm-12am 30% 30% 100% 100%

32.5 The loadings in this clause 32:

(a) are not shift loadings for the purpose of determining the payment of leave loading in the clauses incorporated in Section 4 or the Annual Payment in clause 14, Annual Payment, except in relation to Employees working at Group Operations Bedford Park, Group Operations Lockleys and CSC Epping, in which case:

(i) if applicable, prior to the Payment Commencement Date (as that term is defined in clause 14.10(j)), the Employee will be paid leave loading at the higher of the annual leave loading in clause 20.2.2(a), Payment for annual leave of the Westpac Award or the loadings in this clause 32. This payment will be made at the time the annual leave is taken; and

(ii) from the Payment Commencement Date, the loadings will be considered shift loadings as referred to in clause 14.10(i)(i) to 14.10(i)(iii) (as applicable).

The Union and the Employer acknowledge that the payment of leave loading provided for in this subclause only applies from the Commencement Date;

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(b) do not apply to Employees covered by clause 38, Temporary (Casual) Employees. Employees covered by clause 38, Temporary (Casual) Employees, will be paid the following loadings:

Grade

For work between 7am – 9pm, Monday to Friday

For work before 7am or after 9pm, Monday to Friday or on the weekend

For work performed in grades O1, O2, O3, A1, A2 and A3

25% of the Employee's hourly rate*

75% of the Employee's hourly rate*

For work performed in grades M1, M2, M3 and M4

27.5% of the Employee's hourly rate*

77.5% of the Employee's hourly rate*

*which is based on the applicable minimum rate of Fixed Pay for a relevant full time Employee.

(c) do not apply to Employees performing shiftwork in accordance with clause 41, Shift Work.

33. PART TIME EMPLOYEES

33.1 This clause 33 applies to part time Employees but does not apply to Employees covered by clause 41, Shift Work or by clause 37, Flexible Part Time Arrangements.

Ordinary hours of work for part time Employees

33.2 Subject to clause 33.7, ordinary hours, excluding meal breaks, for part time Employees must total less than 152 hours in each four week cycle. These hours include:

(a) any public holidays occurring on a day the Employee would otherwise be working (as per clause 43, Public Holidays);

(b) any time absent on approved paid leave.

33.3 When an Employee commences part time employment, the Employee and the Employer must agree in writing on the number and the regular pattern of hours the Employee will work. The number of hours to be worked per four week cycle determines the Employee's "part-time proportion" (as defined in clause 6.11, Definitions of the Westpac Award).

Minimum ordinary hours of work for part time Employees

33.4 Part time Employees who commenced employment after 24 September 2010, will work a minimum of 60 hours per four week cycle, unless otherwise agreed in writing between the Employee and the Employer. If a part time Employee has agreed with their Employer to work less than 60 hours per four week cycle, their hours can be increased to 60 (or more) hours per four week cycle, provided that the Employer determines the extra hours are available and any such increase in hours is agreed in writing between the Employee and the Employer.

33.5 Part time Employees who commenced employment after 22 November 1996, will work a minimum of 64 hours per four week cycle, unless otherwise agreed in writing between

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the Employee and their Employer. If a part time Employee has agreed with their Employer to work less than 64 hours per four week cycle, their hours can be increased to 64 (or more) hours per four week cycle, provided that the Employer determines the extra hours are available and any such increase in hours is agreed in writing between the Employee and the Employer.

33.6 For part time Employees who commenced employment on a part time basis prior to 22 November 1996 and who were working part time at 24 September 2010, the part time provisions in clause 9.2, Part time Employees, other than those on shift work, in the Westpac Award will continue to apply. That is, no minimum hours arrangements apply. However, where agreed between an Employee and their Employer, the total hours of a part time Employee covered by this clause 33 will be increased.

Maximum ordinary hours of work for part time Employees

33.7 The maximum rostered hours per four week cycle for part time Employees who commenced on or after 24 September 2010 will be 137 hours, unless the Employee and their Employer agree in writing that the Employee will be rostered for more than 137 hours.

33.8 The Employer will not advertise part time roles with hours in excess of 137 hours per 4 week cycle.

33.9 The maximum number of hours specified in clause 33.7 does not apply to part time Employees who commenced prior to 24 September 2010.

34. ADDITIONAL HOURS FOR PART TIME EMPLOYEES

34.1 This clause 34 applies to part time Employees but does not apply to Employees covered by clause 41, Shift Work or by clause 37, Flexible Part Time Arrangements.

Limits on directing a part time Employee to work additional hours

34.2 Part time Employees, other than those on shift work under clause 41, Shift Work, whose annual Fixed Pay does not exceed the minimum rate specified for full time Grade M1 Employees under clause 27, Pay (Minimum Rates Adjustment) (as pro-rated for part time Employees) will not be directed to work additional hours by the Employer except as provided in clause 34.3.

34.3 If a part time Employee is required, and given reasonable notice, to attend a training course, the Employee's ordinary hours in that particular cycle may be increased by the length of the training course, up to a maximum of 152 hours. This is provided that the training course is conducted off-the-job. If this occurs the Employee will be paid for the extra hours at single time.

Agreement between a part time Employee and the Employer to work additional hours

34.4 The Employer and an Employee may agree that the Employee will work additional ordinary hours in a cycle. If such an agreement is reached, the additional hours worked will be paid at the following rates:

(a) if agreement to work the additional hours is reached at least one week prior to the time at which the additional hours are to be worked, the additional hours will be paid at the Employee’s hourly rate of Fixed Pay; and

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(b) if agreement to work the additional hours is reached less than one week prior to the time at which the additional hours are to be worked, the additional hours will be paid at an additional loading of 25% based on the Employee's hourly rate of Fixed Pay,

provided that any additional hours agreed to be worked by the Employee that attract a loading higher than 25% (for example working on a Sunday) will only be paid at the applicable higher rate.

34.5 If the Employee is under a job sharing arrangement and the Employee's job sharing partner is absent, the Employee and the Employer may agree at any time to the Employee working up to 152 hours in a cycle as ordinary hours, in which case clause 34.4(b) will not apply.

No entitlement to Time Away Days

34.6 Part time Employees are not entitled to Time Away as set out in clause 42, Time Away Days.

Preserved provisions for Employees covered by the Bank of Melbourne EDA immediately prior to 24 September 2010

34.7 Paragraph 3 of clause 2.6, Support for Part Time Staff Members, of the Bank of Melbourne EDA continues to apply to Employees who, at 24 September 2010, were part time Employees covered by the Bank of Melbourne EDA.

35. SETTING HOURS OF WORK

35.1 The Employer will determine an Employee's proposed hours of work. When setting the Employee's hours of work the Employer will:

(a) advise the Employee of the hours set by the Employer at least 7 days before the commencement of the 4 week work cycle;

(b) take into account the Employee’s personal, financial and family needs and accommodate those needs as far as practicable;

(c) allow an Employee eligible to take Time Away Days in accordance with clause 42, Time Away Days during the 4 week work cycle, to take their Time Away Days. Such days will be granted, in accordance with the Employer's business and staffing needs for that 4 week work cycle.

35.2 If a particular roster for a four week cycle needs to be altered after it has been set, either in the week prior to the commencement of the four week cycle or during the four week cycle, to meet the Employer’s business needs, the Employer will discuss the proposed alteration with the affected Employee or Employees. Any alteration to the roster during this period will only occur by agreement between the Employee and Employer. In these circumstances, the process outlined in clause 35.3 will not apply.

35.3 The Employer will consult with an affected Employee or Employees about the proposed hours of work where it wants to change the hours already being worked by the Employee(s), in the following way provided that any variation to hours must be reasonable having regard to the personal circumstances of an Employee and the business needs of the Employer:

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Step 1

(a) The Employer and Employee(s) will seek to reach agreement about the proposed hours.

(b) The Employer will identify the hours of work it proposes to set and outline the reason for wishing to set those hours.

(c) The Employer will give the Employee(s) a reasonable opportunity to consider the hours the Employer proposes to set.

(d) The Employer will give the Employee(s) a reasonable opportunity to discuss the hours the Employer proposes to set and the Employer and Employee(s) will:

(i) have regard to the needs of the business and the personal needs of the Employee; and

(ii) work collaboratively to attempt to match their respective needs and aim to reach agreement.

(e) Agreement to the change in hours will not be unreasonably withheld.

(f) Where agreement is reached between the Employer and Employee(s) about changed hours, the changed hours will apply from the commencement of the next 4 week work cycle or earlier date if agreed.

(g) The time recommended for Step 1 is 1 week.

Step 2

(h) Where agreement has not been reached between the Employer and the Employee(s), an additional period will be provided for further discussion.

(i) During this period, the Employer and Employee(s) will continue to attempt to resolve any outstanding issues and reach agreement about the proposed change.

(j) Where agreement is reached between the Employer and the Employee(s) about changed hours, the changed hours will apply from the commencement of the next 4 week work cycle or earlier date if agreed.

(k) The time recommended for Step 2 is 1 week.

Step 3

(l) If agreement cannot be reached between the Employer and the Employee(s), the Employer will set the hours of work and give the Employee(s) at least 2 weeks' notice of those hours and they will take effect at that time (regardless of whether notice expires at the commencement of or during a work cycle) unless subclause (m) or clause 36.2, Reduction in a Part Time Employee's Hours applies.

(m) An Employee may request an additional period of notice in order to adjust their personal arrangements to accommodate the change to hours. An extension of the period of notice will not be unreasonably withheld.

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Step 4

(n) An Employee may within 7 days after the completion of Step 3, raise a concern about the hours set by the Employer under clause 22, Dispute Settlement Procedure. If this occurs, the hours will not take effect for the Employee pending the completion of the process.

35.4 This process applies to, amongst other things, any change to the number of hours worked (increase or decrease) by a part time Employee, days or starting and finishing times to be worked by a full time or part time Employee, except that this clause 35 will only apply on the basis specified in clause 29 Ordinary hours of work – Monday to Friday, clause 30, Ordinary hours of work and loadings – Weekends and clause 31, Transitional Arrangements for Saturday Work in Branches, CSC, Group Operations and ATM Operations, in relation to a change of hours under those clauses.

36. REDUCTION IN A PART TIME EMPLOYEE'S HOURS

36.1 Where the Employer reduces the hours of a part time Employee at its initiative by 25% or more in any 12 month period it will result in the Employee's position becoming redundant, and the provisions of clause 47, Redundancy and any provisions relating to redundancy which are incorporated in Section 4 will apply.

36.2 Where a part time Employee's hours of work are reduced, under clause 35.3(l), Setting Hours of Work, the reduction will be introduced at the rate of no more than 2 hours per week, over each 6 week period (eg, a reduction from 36 hours per week to 30 hours per week could be implemented over a 18 week period, where the first six weeks would be maintained at 36 hours per week; 34 hours per week for the second 6 week period; 32 hours per week for the third 6 week period and 30 hours per week after that).

36.3 The procedures in Steps 1 to 4 in clause 35.3, Setting Hours of Work will apply if a part time Employee has a concern about the reduction of their hours at their Employer's initiative.

37. FLEXIBLE PART TIME ARRANGEMENTS

37.1 This clause 37 applies to Employees who were flexible part time (FPT) Employees under clause 29 of the Westpac Enterprise Agreement 2010 immediately prior to the Commencement Date.

37.2 On and from the Commencement Date, Westpac Banking Corporation will not engage any further FPT Employees under this clause 37.

37.3 As soon as practicable after the Commencement Date, Westpac Banking Corporation will offer FPT Employees covered by this clause 37 the opportunity to elect to convert to permanent part time employment on an agreed hours arrangement.

37.4 A FPT Employee:

(a) is contracted to work between a minimum and maximum number of ordinary hours over each 4 week cycle. The contracted ordinary hours will be no less than 60 hours and no more than 137 hours over each 4 week cycle. This will be known in this clause 37 as the Contracted Range of Ordinary Hours; and

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(b) must work the hours required by the Employer within the Contracted Range of Ordinary Hours or the Modified Range of Ordinary Hours in accordance with subclause 37.5.

37.5 At least 7 days prior to the commencement of the relevant 4 week cycle, the Employer will advise an FPT Employee of the number of ordinary hours the FPT Employee will be required to work, provided they are within the range of Contracted Range of Ordinary Hours or the Modified Range of Ordinary Hours and the time the hours will be required to be worked.

37.6 In setting a roster:

(a) a FPT Employee’s People Leader will, take into account the FPT Employee’s personal, financial and family needs when developing the FPT Employee’s roster and accommodate those needs as far as practicable; and

(b) the People Leader will discuss the proposed roster with the FPT Employee with the aim of reaching agreement. FPT Employees will not unreasonably withhold agreement.

37.7 If a roster needs to be altered after it has been set, either in the week prior to the commencement of the four week cycle or during the four week cycle, to meet the Employer's business needs, the Employer will discuss the proposed alteration with the affected FPT Employee and any alteration may only occur by agreement between the FPT Employee and the Employer. If an Employee agrees to work additional hours under this clause 37.7, the Employee will not receive a 25% loading, except as provided under clause 37.10(c).

37.8 A FPT Employee and their Employer may agree to change the Contracted Range of Ordinary Hours at any time before or during a particular 4 week cycle. This will be known in this clause 37 as the Modified Range of Ordinary Hours. The Modified Range of Ordinary Hours must not exceed 152 hours. The Modified Range of Ordinary Hours will only be effective in respect of the agreed particular 4 week cycle, following which the Contracted Range of Ordinary Hours will be reinstated. However, an FPT Employee and the Employer may make a further Modified Range of Ordinary Hours agreement at any time.

37.9 Once a roster has been set, if, for personal reasons such as carer’s responsibilities, an Employee has a concern about the roster the Employee should raise this concern with their People Leader or another appropriate person. If the concern is not able to be resolved by the People Leader or other appropriate person the matter may be resolved in accordance with the dispute resolution steps set out in clause 22, Dispute Settlement Procedure of this Agreement.

37.10 A FPT Employee will be remunerated as follows:

(a) Fixed Pay for the ordinary hours worked in each fortnight; and

(b) any penalties, loadings, allowances or overtime they are entitled to under this Agreement; and

(c) for each hour in excess of 137 hours in a 4 week cycle that does not attract a penalty, loading or overtime under this Agreement, they will be paid a loading which is 25% of their hourly rate of Fixed Pay for that hour.

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37.11 A FPT Employee will work a minimum of 3 hours on any one day, unless otherwise agreed between the Employer and the Employee.

37.12 A FPT Employee will not be eligible for Time Away Days.

37.13 A FPT Employee’s entitlement to annual leave, long service leave, parental leave and personal/carers leave will be pro-rata of the entitlement of a full time Employee in an equivalent role, based on the actual hours they have worked (excluding overtime) during the period in which the leave accrued.

37.14 In determining an FPT Employee's Contracted Range of Ordinary Hours or Modified Range of Ordinary Hours, the following are included:

(a) any public holidays occurring on a day the Employee would otherwise be working (as per clause 43, Public Holidays); and

(b) any time absent on approved paid leave.

37.15 The following clauses do not apply to FPT Employees covered by this clause 37:

(a) clause 35, Setting Hours of Work;

(b) clause 36, Reduction in a Part Time Employee's Hours;

(c) clause 33, Part Time Employees; and

(d) clause 8.3, Part-time employees, of the Westpac Award as incorporated in Section 4.

37.16 Subject to the operation of this clause 37, clauses in this Agreement (including Incorporated Terms) which relate to part time Employees will apply to Employees engaged on a FPT basis under this clause 37.

Increase to the Contracted Range of Ordinary Hours

37.17 A FPT Employee who has worked the same total number of rostered hours over 6 consecutive 4 week roster cycles, which has involved an increased minimum number of hours, has the right to elect to have their Contracted Range of Ordinary Hours converted to reflect this increased minimum. Notwithstanding that any temporary changes to the roster according to clause 37.7 will not negate the Employee’s rights under this clause 37.17.

37.18 Within four weeks of having met the conditions of clause 37.17 above, the Employer shall give the Employee written notice of the option to convert to the increased minimum.

37.19 An Employee who does not elect to convert to the increased Contracted Range of Ordinary Hours within four weeks of receiving the written notice in clause 37.18 above, will remain at the original contracted hours.

37.20 Provided that once an Employee has allowed this option to lapse, the provisions of clause 37.17 do not apply until a further 6 consecutive 4 week cycles have been worked from the time the option to convert lapsed.

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Converting to permanent part time

37.21 A FPT Employee who has worked the same hours on the same days for 12 consecutive 4 week cycles (excluding periods of approved leave) has the right to elect to have their ongoing contract of employment converted to reflect permanent part time status on the basis of those hours.

37.22 Upon having met the conditions of clause 37.21 above, the Employer shall give the Employee written notice of the option to convert to permanent part time employment.

38. TEMPORARY (CASUAL) EMPLOYEES

38.1 The Employer agrees to employ temporary Employees under clause 8.4, Temporary employees (casuals), of the Westpac Award only for the purpose of meeting particular needs. Temporary Employees will supplement existing Employees, and will not replace either full time or part time Employees. The intention of employing temporary Employees is to utilise a flexible workforce to cover fluctuations in workload, changing customer needs, emergencies, leave and short term shortages. Temporary Employees may be engaged for any period of time in a particular role.

38.2 Any required training will be provided at the commencement of a temporary Employee's engagement and prior to any assignment.

38.3 Upon request, the Employer will provide the Union with information in relation to the numbers, locations, commencement dates and positions of temporary Employees.

38.4 The Employer agrees that the number of temporary Employees in each business unit will be capped at 10% of the permanent headcount in the relevant business unit.

38.5 Where practicable, for a temporary engagement the Employer will give preference to employing temporary Employees directly rather than engaging agency based temporary staff for that temporary engagement.

38.6 Clause 8.4, Temporary employees (casuals), of the Westpac Award, is incorporated into this Agreement.

39. WORKING FROM HOME ARRANGEMENT

39.1 An Employer and Employee may make a written agreement which provides that the Employee will perform work from their home in accordance with this clause 39 (Working From Home Arrangement).

39.2 The Employer will provide to the Employee the terms to apply under a proposed Working From Home Arrangement including the following:

(a) the equipment to be provided or funded by the Employer, which will include technology the Employer considers is necessary to perform the role;

(b) details of the expenses incurred by the Employee that will be reimbursed by the Employer to the Employee;

(c) the circumstances in which the Employee may be required to perform work from or attend work related meetings at the Employer's premises during the Working From Home Arrangement;

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(d) the circumstances in which the Working From Home Arrangement may be terminated without terminating the Employee's employment and the Employee's right or obligation to then work at the Employer's premises; and

(e) details of any other applicable arrangements.

39.3 An Employee under a Working from Home Arrangement will work in accordance with the provisions of this Agreement subject to the following additional provisions:

(a) the Employer and an Employee working under a Working From Home Arrangement may at any time agree that the Employee will work their hours during any given day in more than one work period, separated by a break when they are not working (other than a meal break provided for in this Agreement). In such a case the break between work periods when no work is performed will be unpaid; and

(b) the Employer and a part time Employee working under a Working From Home Arrangement may at any time agree that the Employee will work additional hours at short notice. The part time Employee will be paid at the Employee's hourly rate of Fixed Pay for the additional hours. If a part time Employee works additional hours under this clause 39, clause 34.4, Agreement between a part time Employee and the Employer to work additional hours will not apply and the loading in that clause 34.4 will not be payable provided that any other applicable loadings will be paid in respect of the additional hours agreed between the part time Employee and the Employer.

39.4 An Employee will only work outside 6am – 9pm, Monday to Friday if the Employer has authorised the Employee to work at those times.

40. OVERTIME

General

40.1 If an Employee has accepted a remuneration package, they are not eligible to be paid overtime. A temporary Employee will only be paid overtime under clauses 40.16 to 40.19. A shift worker Employees will only be paid overtime under clauses 40.2, 40.12 to 40.14.

40.2 If an Employee has not accepted a remuneration package, but receives annual Fixed Pay at the minimum rate specified for full time Grade M1 Employees under clause 27, Pay (Minimum Rates Adjustment) (as pro-rated for part time Employees), or more, the Employee will only be paid for overtime if they are specifically directed to work on:

(a) a full or half day public holiday; or

(b) a day on which they are rostered off duty (for example, if the Employee works on Time Away in accordance with clauses 42.1 to 42.7, Time Away Days, or on a Saturday or Sunday (except as agreed ordinary hours on a Saturday or Sunday under clause 30, Ordinary Hours of Work and Loadings - Weekends)).

40.3 Employees shall work reasonable overtime as required by the Employer.

40.4 For full time and part time Employees, an Employee's rostered hours may be varied by mutual consent between the Employee and their Employer after a cycle has started.

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Subject to clause 34.2, Limits on directing a part time Employee to work additional hours, where agreement is not reached between the Employer and the Employee, the Employee may be required to work additional hours, and the Employee will be paid overtime. The Employer will not direct an Employee to reduce their agreed rostered hours.

40.5 An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to:

(a) any risk to the Employee's health and safety;

(b) the Employee's personal circumstances including any family responsibilities;

(c) the needs of the workplace or enterprise;

(d) the notice (if any) given by the Employer of the overtime and by the Employee of their intention to refuse it; and

(e) any other relevant matter.

Overtime for Employees other than those on shift work

40.6 Full time and part time Employees not exempted from overtime under clauses 40.1 and 40.2, will only be paid overtime for one of the following:

(a) hours worked in excess of ten hours on any one day; or

(b) hours worked in excess of 50 hours a week; or

(c) hours worked on any full day or half day public holiday; or

(d) hours worked outside 7am to 9pm Monday to Friday, unless an Employee has agreed with their Employer to work such hours under clauses 29.3 or 29.4, Ordinary Hours of Work and Loadings – Monday to Friday or except as agreed ordinary hours on a Saturday or Sunday under clause 30, Ordinary Hours of Work and Loadings - Weekends or a part time Employee who has agreed to work additional hours under clause 34.4, Agreement between a part time Employee and the Employer to work additional hours; or

(e) hours worked in excess of 152 hours in any four week cycle, provided that if a full time Employee works more than 152 hours in a particular cycle solely because the Employee has deferred Time Away to a subsequent cycle, that extra time will not be counted as overtime. If that occurs, the Employee's overtime will be calculated by substituting the appropriate extra hours for 152 but in any case the total number of ordinary hours shall not exceed 160; or

(f) for full time Employees only, hours worked if the Employee has elected to cash out Time Away Days in accordance with clause 42.8, Cashing out Time Away, the Employer's overtime will be calculated by substituting 160 hours for 152; or

(g) for full time Employees only, hours worked on any day for which the Employee is not rostered to work ordinary hours (for example, if the Employee works on Time Away in accordance with clauses 42.1 to 42.7, Time Away Days, or on a Saturday or Sunday (except as agreed ordinary hours on a Saturday or Sunday

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under clause 30, Ordinary Hours of Work and Loadings - Weekends)). The minimum overtime payment for work under this subclause (g) will be a payment of 100% loading based on the hourly rate of Fixed Pay for two hours work.

Calculating payments

40.7 For the purpose of calculating overtime, each weekly period begins on the same day of the week as the Employer adopts as the start of the ordinary pay period.

40.8 Subject to clause 40.10, the overtime penalty rates provided for in this clause 40 will be calculated as a percentage of the Employee's hourly rate of Fixed Pay. Loadings or other penalties are not payable for work performed as overtime.

Rates of pay

40.9 The following rates apply to overtime worked under clause 40.6:

Days worked Payment

On Mondays to Fridays 50% loading for the first three hours, and a 100% loading thereafter, calculated weekly based on the hourly rate of Fixed Pay

On Saturdays, Sundays, Time Away Days or public holidays referred to in clauses 43.2(a) or 43.5, or any substituted holiday for those days

100% loading based on the hourly rate of Fixed Pay

On full day or any half day public holidays referred to in clauses 43.2(b) or 43.2(c), or any substituted holiday for those days

150% loading based on the hourly rate of Fixed Pay

These overtime rates are not cumulative.

40.10 In calculating overtime, if an Employee's annual Fixed Pay exceeds the minimum rate of Fixed Pay for full time Grade M1 Employees specified in clause 27, Pay (Minimum Rates Adjustment), the overtime penalty rate will be calculated on the hourly rate of the Grade M1 minimum for the hour to which the loading relates (and for part time Employees, a pro-rated amount).

Minimum public holiday overtime payment

40.11 For full time and part time Employees who:

(a) commence work during a full day or half day public holiday other than a holiday listed in clause 43.2(b) or clause 43.2(c), Holidays under this Agreement or any substituted holiday for those days, will be entitled to a minimum payment for two hours' work at a 100% loading based on the hourly rate of Fixed Pay;

(b) commence work during a holiday listed in clause 43.2(b) or clause 43.2(c), Holidays under this Agreement or any substituted holiday for those days, will be entitled to a minimum payment for two hours' work at a 150% loading based on the hourly rate of Fixed Pay.

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Employees on shift work

40.12 Employees on shift work under clause 41, Shift Work, but not exempted under clause 40.1 or 40.2, will be paid overtime when they work in excess of their rostered ordinary hours or at the direction of their Manager.

40.13 For work on Mondays to Fridays Employees will be paid a 50% loading based on the hourly rate of Fixed Pay for the first three hours and a 100% loading based on the hourly rate of Fixed Pay thereafter calculated on a weekly basis, excluding overtime performed on a Saturday, Sunday, public holiday or a rostered day off duty. For the purposes of calculating overtime under this clause 40, if an Employee is transferred to or from shift work during the course of a week the Employee will be considered to have performed shift work for the whole of the time worked during that week.

40.14 If an Employee is working shift work and required by the Employer to work on a day on which they are rostered off duty, the Employee will be paid for all time worked, with a minimum payment for two hours’ work at a 100% loading, based on the hourly rate of Fixed Pay to which the loading related, provided that:

(a) this minimum payment does not apply where the work performed is continuous with the commencement or completion of the Employee's ordinary shift;

(b) no payment is due under this clause 40 where the Employee voluntarily works on a rostered day off as a result of an arrangement made between Employees to swap shifts.

Time off in lieu of payment for overtime

40.15 An Employee may apply for time off in lieu of payment for overtime. If the Employer consents, the time off must be taken within twelve months of the end of the pay period in which it occurred. Time off is paid at Fixed Pay rates, on the basis of an hour off for an hour worked. The Employer must not initiate an application for time off in lieu of payment for overtime or coerce an Employee into applying for such time off.

Temporary (Casual) Employees

40.16 Clause 40.17 applies to temporary Employees whose hourly rate (inclusive of any loading paid under clause 38, Temporary (casual) Employees) is less than:

(a) the hourly rate for unpackaged Grade M1 Employees based on the minimum rate specified for full time Grade M1 Employees under clause 27, Pay (Minimum Rates Adjustment) (where the full time rate is based on 38 hours per week over a 52 week period); plus

(b) a 25% loading based on the hourly rate for unpackaged Grade M1 Employees.

40.17 Temporary Employees as defined in clause 40.16, will be paid overtime for hours:

(a) in excess of 10 hours on any one day;

(b) in excess of 50 hours a week;

(c) in excess of 152 hours in any four week cycle; or

(d) worked on any full day or half day public holiday.

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40.18 The following rates apply to overtime worked under clause 40.17:

Hours worked Payment

Hours specified in clause 40.17(a) to 40.17(c)

75% loading based on the hourly rate

On public holidays referred to in clauses 43.2(a) or 43.5, or any substituted holiday for those days

100% loading based on the hourly rate

On full day or any half day public holidays referred to in clauses 43.2(b) or 43.2(c), or any substituted holiday for those days

150% loading based on the hourly rate

40.19 If a temporary Employee is paid a loading for overtime hours under clauses 40.16 to

40.18, they will not be paid a loading under clause 32.5(b).

41. SHIFT WORK

41.1 This clause 41 will apply to Employees who work shift work at the following locations during the operation of this Agreement:

(a) Global Market Operations, Operations and Property; and

(b) Risk and Fraud Operations, Operations and Property,

and any other Employees who work shift work during the operation of this Agreement.

41.2 If agreement is reached between the majority of the Employees directly concerned and the Employer, alternative shift roster systems may be worked. They may be either continuous or otherwise, including a system based on shifts up to twelve hours, provided:

(a) the Employer must inform the Union of its proposed shift roster system and allow the Union an opportunity to participate in negotiations if requested by Union members, before any agreement to a change of shift roster system takes place;

(b) full time Employees on shift work, must be rostered an average of 38 ordinary hours per week over the period of a particular roster cycle. Part time Employees, must be rostered an average of less than 38 ordinary hours per week over the period of a particular roster cycle;

(c) the Employer will pay an Employee for their ordinary hours worked on shift work as set out in clause 14.1, Shift Loadings of the Westpac Award as incorporated in Section 4; and

(d) once agreement on a shift roster has been reached, the details of the roster will be confirmed by the Employer in writing.

41.3 Where no agreement on a shift roster system exists between the Employer and the majority of the Employees directly concerned, the Employer may direct Employees to work in accordance with a roster system according to the following constraints:

(a) the shift system may be either for continuous shift work or otherwise;

(b) the Employee's ordinary hours must not exceed eight per shift;

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(c) the ordinary hours of full time Employees must not exceed either:

(i) 40 per week; or

(ii) 152 per four week cycle;

(d) ordinary hours of part time Employees, must be less than both:

(i) 40 per week; and

(ii) 152 per four week cycle;

(e) an Employee is not required to work more than six shifts in any week;

(f) an Employee is not required to work more than nineteen shifts in each four week cycle.

41.4 If a shift covers the time at which a state or territory begins or ends daylight saving, the length of that shift is the difference between the time recorded by the clock at the beginning of the shift and the time recorded at the end of the shift. In each case, the time of the clock is to be set to the time fixed by the relevant legislation.

41.5 Notwithstanding the provisions of this Agreement, the Employer may require Employees to work on shift in accordance with the seven day shift roster contained in the agreement between Westpac Banking Corporation and the Australian Bank Employees’ Union dated May 1980, or as subsequently amended. A copy of the conditions are set out in Appendix 1, Seven day shift roster to the Westpac Award.

42. TIME AWAY DAYS

42.1 Subject to clause 42.8, all unpackaged full time Employees are entitled to eight hours Time Away per 152 hour, four week cycle.

42.2 An Employee's entitlement to Time Away is reduced by their absences from rostered work during a cycle, except for absences due to:

(a) a public holiday (including a compensating holiday under clauses 43.6 to 43.9, Compensation for standard number of holidays);

(b) jury service;

(c) time away;

(d) leave in lieu of travelling time (under clauses 45.32 to 45.35, Travelling time allowance); and

(e) authorised industrial leave.

42.3 The reduction is on the basis that three minutes of Time Away are lost for each hour an Employee is absent. An Employee's reductions are accrued until a total of eight hours has accumulated, at which time the Employee forfeits eight hours Time Away.

42.4 Subject to clause 35, Setting Hours of Work an Employee may take Time Away in any of the following combinations:

(a) one block of eight hours;

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(b) two blocks of four hours each;

(c) one block of four hours taken, with another block of four hours deferred; or

(d) defer the whole eight hours.

42.5 Where an Employee has accrued Time Away:

(a) an Employee must take their Time Away within twelve months of its accrual;

(b) an Employee may take Time Away in any combination of hours, from a minimum of four hours, to a maximum of 40 hours in any one four week cycle; and

(c) each November, an Employee may elect payment in exchange for all or part of their accrued Time Away. This payment will be made within 28 days, and will be paid at single time.

42.6 Where an Employee works only part of a particular four week cycle (for example, at the start of an Employee's employment, where the Employee changes mode of employment or the Employee accepts a remuneration package), the Employee will be entitled to the equivalent of three minutes’ Time Away for every hour they have worked during that incomplete four week cycle. This Time Away may be taken, or where this is not possible, will be paid at single time.

42.7 At the time of the termination of an Employee's employment, either by an Employee or the Employer:

(a) the Employer will pay the Employee for any Time Away that the Employee has fully accrued but not taken; and

(b) if the Employee has been permitted to take any Time Away before it has been fully accrued, the Employee's final salary payment will be reduced by an amount equivalent to three minutes for every rostered hour that would have been needed to fully accrue the Time Away.

42.8 The Employer may offer an Employee a cash out of the Employee's Time Away Days for a twelve month period. If an Employee accepts this offer, the Employee and the Employer will agree in writing that the Employee will cash out their Time Away Days for a twelve month period in exchange for a fortnightly allowance equivalent to 4.8% of the Employee's annual Fixed Pay divided by 26.1. The allowance will be included in calculating payments for:

(a) overtime;

(b) the Employer’s superannuation guarantee contributions;

(c) paid leave;

(d) annual leave loading (prior to the Payment Commencement Date, as that term is defined in clause 14.10);

(e) shift and hourly loadings;

(f) public holiday loading;

(g) travelling time allowance;

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(h) any loading payable under this Agreement; and

(i) on termination of employment where and to the extent applicable in respect of untaken paid leave, payment in lieu of notice and severance pay.

42.9 The Employer will not coerce an Employee to accept the offer to cash out Time Away Days.

42.10 At the expiry of an agreement to cash out Time Away Days referred to in clause 42.8, the Employer may offer an Employee a further agreement to cash out of Time Away Days for another twelve month period. If the Employer does not offer the Employee a further agreement to cash out Time Away Days, the payment of the Employee's fortnightly allowance under clause 42.8 will cease upon expiry of the twelve month period and the Employee will resume their entitlement to Time Away Days at that time.

42.11 Upon transfer or promotion, the Employee or the Employer may terminate the agreement made pursuant to clause 42.8 prior to the expiry of the twelve month period.

42.12 If an Employee has elected to cash out Time Away Days in accordance with clause 42.8, the Employer may direct an Employee to work for up to twenty days per four week cycle and an Employee's ordinary hours will be 160 per four week cycle.

43. PUBLIC HOLIDAYS

43.1 This clause 43 does not apply to Employees covered by clause 38, Temporary (casual) Employees.

Holidays under this Agreement

43.2 Employees will be entitled to:

(a) holidays on the following days:

(i) New Year’s Day;

(ii) Good Friday;

(iii) Easter Saturday;

(iv) Easter Monday;

(v) Christmas Day;

(vi) Boxing Day;

(vii) Australia Day; and

(viii) Anzac Day;

(b) holidays on the following days, as prescribed in the relevant states, territories and localities:

(i) Queen’s Birthday; and

(ii) Eight Hour Day or Labour Day; and

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(c) the following holidays in the respective states and territories:

State or Territory Holiday

New South Wales August Bank Holiday

Victoria Melbourne Cup Day

Queensland Brisbane Royal National Show Day

South Australia Adelaide Cup Day

Western Australia Foundation Day

Tasmania Easter Bank Holiday

Australian Capital Territory August Bank Holiday

Northern Territory Picnic Day

43.3 Where a day is prescribed in a state, territory or locality in substitution for any of the

days specified in clause 43.2, that day will be the holiday instead of the day originally specified.

43.4 Regardless of the effects of clause 43.3, when:

(a) Christmas Day falls on a Saturday or a Sunday, a holiday will be observed on 27 December instead;

(b) Boxing Day falls on a Saturday or a Sunday, a holiday will be observed on 28 December instead; and

(c) New Year’s Day or Australia Day falls on a Saturday or a Sunday, a holiday will be observed on the next Monday instead.

43.5 Where a public or bank holiday is declared or prescribed in any state, territory or locality, on a day other than one of those set out in clauses 43.2 to 43.4, that day will be an additional holiday.

Compensation for standard number of holidays 43.6 The total number of days in each calendar year that are statutory, gazetted or

proclaimed as public holidays in each state or territory, shall be the standard number of holidays for that state or territory.

43.7 At the end of a calendar year, if an Employee has not taken or received payment for the standard number of public holidays for the state or territory the Employee is currently working in, the Employee will be credited with the number of half or full compensating holidays to make up the deficiency.

43.8 Provided that, if the Employee was absent on unpaid leave at the request of the Employee during a period when the Employee would otherwise have enjoyed a holiday under clauses 43.2 to 43.5, the Employee will not be entitled to a compensating holiday for any missed holiday.

43.9 The Employee must take any compensating holidays during the calendar year after they are credited, at a time mutually agreed between the Employee and the Employer, without any deduction of pay.

Substitution of other days 43.10 Another day may be substituted for any of the days prescribed in clauses 43.2 to 43.5

by agreement in accordance with any one of the following procedures:

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(a) the Employer and the Union or other Employee representative may agree to substitute another day in relation to one or more of the Employer’s workplaces; or

(b) the Employee and the Employer may agree to substitute another day for the Employee; or

(c) the Employer and the majority of the Employees directly affected may agree to substitute another day for all affected Employees in a particular workplace or workplaces, provided that:

(i) any agreement is in writing and available to all Employees directly affected; and

(ii) if the Union has any members directly affected by an agreement, the Union is informed of the agreement prior to the implementation of the agreement.

Payment for public holidays 43.11 Subject to clause 43.16, the Employer may require the Employee to work on a public

holiday. The Employee will be paid for public holidays as follows:

(a) if the Employee is a full time Employee, the Employee will be entitled to take each of the holidays specified in clauses 43.2 to 43.5 without loss of pay;

(b) if the Employee is a part time Employee, the Employee will be entitled to take each of the holidays specified in clauses 43.2 to 43.5 that fall on a day on which the Employee is scheduled to work, without loss of pay for ordinary hours that the Employee would have worked had the day not been a public holiday;

(c) should the Employee be required by the Employer to work on any public holiday, the Employee will be paid as follows:

(i) for time that is part of the Employee's ordinary number of hours for the four week cycle (i.e. 152 for full time Employees, less for part time Employees), the Employee will be paid a 100% loading based on the hourly rate of Fixed Pay for the holidays referred to in clauses 43.2(a) and 43.5 or any substituted holiday for those days;

(ii) for time that is part of the Employee's ordinary number of hours for the four week cycle (i.e. 152 for full time Employees, less for part time Employees), the Employee will be paid a 150% loading based on the hourly rate of Fixed Pay for the holidays referred to in clauses 43.2(b) and 43.2(c) or any substituted holiday for those days;

(iii) for time in addition to the Employee's ordinary number of hours, the Employee will be paid a 100% loading based on the hourly rate of Fixed Pay, with a minimum payment of two hours’ work (four hours pay) for the holidays referred to in clauses 43.2(a) and 43.5 or any substituted holiday for those days. The minimum payment for working on a full day public holiday, or where the Employee commences work during a half day public holiday, is for two hours’ work at a 100% loading based on the hourly rate of Fixed Pay;

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(iv) for time in addition to the Employee's ordinary number of hours, the Employee will be paid a 150% loading based on the hourly rate of Fixed Pay, with a minimum payment of two hours’ work (five hours pay) for the holidays referred to in clauses 43.2(b) and 43.2(c) or any substituted holiday for those days. The minimum payment for working on a full day public holiday, or where the Employee commences work during a half day public holiday, is for two hours’ work paid at a 150% loading based on the hourly rate of Fixed Pay.

43.12 Where clause 43.11 applies, it applies instead of (and not in addition to) the overtime rates and loadings for public holidays in clause 40, Overtime and clause 14.1, Loadings of the Westpac Award as incorporated in Section 4. That is, the loadings in clause 43.11 are based on the hourly rate of Fixed Pay.

43.13 If the Employee is on continuous shift work, the Employee will be paid eight hours’ salary for any public holiday to which the Employee is entitled under clauses 43.2 to 43.5 that falls on a day on which the Employee is rostered off.

43.14 In calculating payment under this clause 43, the maximum salary used is the minimum rate specified for full time Grade M1 Employees under clause 27, Pay (Minimum Rates Adjustment) (as pro rated for part time Employees).

43.15 An Employee may apply for time off in lieu of any payment under this clause 43, in which case the provisions of clause 40.15, Time off in lieu of payment of overtime will apply.

Rostering on public holidays 43.16 Where work is required to be performed on a public holiday the following process will

apply:

(a) as part of the normal rostering process or at least eight weeks before the public holiday, the Employer will assess its staffing needs for that holiday and call for volunteers;

(b) if the roster is not filled with suitably qualified Employees six weeks prior to the public holiday, Employees may be required to work on the public holiday;

(c) in the event of unforeseen circumstances, including but not limited to illness, resignation or transfer of an Employee, systems maintenance, emergencies or any other necessary unplanned work, the Employer may require an Employee to work on the public holiday with less than six weeks’ notice; and

(d) in requiring Employees to work on a public holiday under subclauses (b) or (c), the Employer will consider where possible individual Employee needs, circumstances and preferences, and the number of public holidays in the last twelve months on which individual Employees have been required to work.

Incorporation

43.17 Clause 4, Appendix 3, Payment for Public Holidays of the Westpac Launceston Agreement is incorporated into this Agreement.

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44. PERFORMANCE OBJECTIVES AND ASSESSMENT

44.1 This clause 44 applies to all Employees engaged on a full time or part time basis, except those Employees who are a direct report of a General Manager or above.

44.2 The performance objectives setting and assessment process will be fair and transparent and based on both performance objectives (inclusive of measures and targets) and values based behaviours.

44.3 Objectives and targets will be fairly and equitably set. An Employee may give feedback about his or her objectives and his or her People Leader must give due consideration to that feedback.

44.4 Performance objectives will:

(a) be reflective of the Employer's objectives and values;

(b) be easily understood;

(c) reflect the work being undertaken during the relevant period; and

(d) apply for a defined period.

44.5 In setting performance objectives and determining whether those performance objectives have been met, the factors that will be taken into account will include, but shall not be limited to the following:

(a) market factors;

(b) the Employee’s experience;

(c) staffing levels in the relevant location;

(d) approved absences from normal duties; and

(e) provision of appropriate and relevant training to perform the Employee's current role (while recognising that Employees have a shared accountability for ensuring such training is completed).

44.6 Approved absences from an Employee’s normal duties will be excluded from the period to which their normal performance objectives apply if the absence materially impacts upon his or her performance rating.

44.7 Performance objectives will be communicated to Employees at the beginning of the performance period. Any changes during the period for which performance objectives are set will be by agreement between the Employee and/or team and their immediate People Leader, provided that if agreement cannot be reached in relation to any changes required as a result of the operation of the Future of Financial Advice Reforms (which are currently expected to commence operation on 1 July 2013), the Employer will make the changes required and advise the Employee and/or team of the changes to their performance objectives.

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45. ALLOWANCES

Meal allowance

45.1 When it is payable, an Employee's meal allowance is $14.81.

45.2 If an Employee is not on shift work, the Employee will be paid a meal allowance when they are required to work for more than ten hours (excluding meal breaks) on a day for which the Employee is rostered to work ordinary hours.

45.3 If an Employee is not on shift work, the Employee will be paid a meal allowance when they are required to work for more than five hours on a public holiday or a day on which they are rostered off duty. If the Employee is required to continue working for a total of more than ten hours the Employee will be paid a further meal allowance.

45.4 The Employee will be paid a meal allowance when, in accordance with clauses 45.12 to 45.14, the Employee is recalled for special duties:

(a) within two hours of finishing the Employee's normal duties and are unable to have their usual meal between 6 pm and 8 pm; or

(b) on a day on which the Employee is rostered off duty, a public holiday or Time Away Day, and the Employee's special duties (including travelling time) take more than three hours and covers all of the period between 12 noon and 2 pm; or

(c) on a day on which the Employee is rostered off duty, a public holiday or Time Away Day, and the Employee's special duties (including travelling time) take more than three hours and cover all of the time between 6 pm and 8 pm.

45.5 However, an Employee will not be paid a meal allowance under clause 45.4 if either:

(a) a meal allowance is payable for the same meal under clauses 45.2, 45.3 or 45.6; or

(b) payment is made by another party (provided that if the other party pays a lesser amount, the Employer will make up the difference); or

(c) the recall is the result of the Employee's acknowledged fault or omission.

45.6 If an Employee is on shift work, the Employee will be paid a meal allowance when they are required to work overtime for more than one hour after the end of a shift.

45.7 Despite the provisions of clauses 45.2 to 45.6, the Employee will not be paid a meal allowance where:

(a) the Employee is entitled to a temporary duties allowance in terms of clauses 45.9 to 45.11; or

(b) the Employer and the Union have agreed in writing that the location is one where a meal allowance is not payable because the Employee is provided with an adequate meal.

45.8 All meal allowance payments are in addition to any overtime payments to which Employees may be entitled under clause 40, Overtime, or to any special duties allowance to which the Employee may be entitled under clauses 45.12 to 45.14.

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Temporary duties allowance

45.9 If the Employer sends an Employee to work temporarily at another location, and the Employee needs to stay away from their usual residence overnight, the Employer will pay the Employee a minimum temporary duties allowance of:

From 1 January 2013 From 1 January 2014

For Employee's graded M1 to M4 or who are an auditor

$81.66 $84.11

For all other Employees $68.46 $70.51

45.10 In addition, the Employer will reimburse the Employee for any further actual expenses

incurred while the Employee is on temporary duty, that it approves as being reasonable.

45.11 If the Employer sends an Employee to work temporarily at another location, and the Employee does not need to stay away from their usual residence overnight, the Employer will not pay the Employee a temporary duties allowance. However, the Employer will reimburse the Employee for any reasonable travelling expenses incurred in excess of the cost of travelling to and from the normal workplace to which the Employee is attached.

Special duties allowance

45.12 Special duties are when the Employee, with their Employer's approval or at their Employer's request:

(a) attend an airport, shipping terminal, race meeting, show, sports meeting, theatre, cinema, migrant hostel, charitable appeal or the like, to handle money or carry out banking duties; or

(b) are recalled to any premises of the Employer for security or emergency reasons after finishing the Employee's normal duties for the day, or prior to 8 am on the following business day.

45.13 The Employer will pay the Employee a special duties allowance of:

From 1 January 2013 From 1 January 2014

For each ordinary working day when the Employee performs special duties before 8am or after 6pm

$62.23 $64.10

For each rostered off day, public holiday or Time Away Day, on which the Employee performs special duties

$81.25 $83.69

45.14 An Employee will not be paid a special duties allowance if:

(a) the special duties fall during the Employee's rostered ordinary hours, or are consecutive with the start or finish of the Employee's rostered ordinary hours; or

(b) the Employee is entitled to an overtime payment under clause 40, Overtime, that is greater than the special duties allowance payable; or

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(c) the Employee receives a stand-by allowance under clauses 45.15 to 45.20; or

(d) payment is made by another party (provided that if the other party pays a lesser amount, the Employer will make up the difference); or

(e) the recall is the result of the Employee's acknowledged fault or omission.

Stand-by allowance

45.15 If the Employee is rostered by the Employer to be ready to perform work outside the Employee's ordinary working hours, the Employer will pay the Employee a stand-by allowance at the following rate:

From 1 January 2013 From 1 January 2014

For Mondays to Fridays, inclusive per day

$20.14 $20.74

For Saturdays, Sundays, public holidays, days on which the Employee is rostered off duty, or on a Time Away Day, per day

$40.64 $41.86

45.16 Where a stand-by period overlaps two days for which different rates apply, the

Employee will be paid the rate for the day on which the majority of the time occurs.

45.17 In addition to the stand-by allowance, the Employer will reimburse the Employee for the Employee's home telephone rental plus business calls made from home.

45.18 If the Employee is rostered on stand-by, and is recalled to work, the Employer will pay the Employee overtime according to clause 40, Overtime, provided:

(a) the time the Employee spends travelling to work from home and from work to home by the most direct route for each recall will be included as time worked;

(b) if the Employee is recalled more than once on the same day, the hours worked will be totalled at the end of the day for the calculation of the payment;

(c) a minimum payment for two hours’ work will apply for each recall.

45.19 If the Employee is rostered on stand-by, and is able to provide assistance without going to the workplace, the Employer will pay the Employee overtime for the time the Employee spends, according to clause 40, Overtime, provided:

(a) if the Employee does this more than once on the same day, the hours worked will be totalled at the end of the day for the calculation of the payment;

(b) a minimum payment for 30 minutes’ work will apply for each event;

(c) travelling time is not involved.

45.20 Where, with the Employer’s approval, the Employee uses their own motor vehicle for a recall, the Employer will pay the Employee a car allowance, according to clauses 45.21 to 45.23. Where the Employee uses taxi transport instead, the Employer will reimburse the Employee's fares. In either case, payment will be for the journey from home-to-work-to-home by the most direct route.

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Car allowance

45.21 If, with the Employer’s approval, the Employee uses their own motor vehicle in connection with the Employer’s business, the Employer will pay the Employee a car allowance as follows:

Engine capacity Cents per kilometre

Ordinary car Rotary engine car

1600cc (1.6 litre) or less 800cc (0.8 litre) or less 6365 cents

1601cc - 2600cc (1.601 litre - 2.6 litre)

801cc - 1300cc (0.801 litre - 1.3 litre)

7476 cents

2601cc (2.601 litre) and over

1301cc (1.301 litre) and over

7577 cents

(Source: ATO published rates 20011-12)

45.22 These rates will be adjusted annually in line with the relevant rates published by the Australian Taxation Office.

45.23 If an Employee is graded A3 or below, the payment for each return trip between the Employee's home and their normal workplace will be based on a minimum of seven kilometres.

Travelling expenses

45.24 If the Employee travels on the Employer’s business, the Employer will reimburse the Employee for the following travelling expenses:

(a) economy class airfares, or first class fares by other means of public transport (including sleeping accommodation where appropriate);

(b) necessary cab and porterage expenses;

(c) any further actual and reasonable expenses incurred;

(d) when the journey involves overnight stop-over(s) en route, all reasonable and necessary costs of the Employee's overnight accommodation.

45.25 When it is necessary for a dependent member of the Employee's family to accompany the Employee, or to make the same trip separately, the Employer will reimburse the travelling expenses of the dependent family member on the same basis as for the Employee.

Removal allowance and expenses 45.26 Where the Employee is required to change their residence as a result of the Employer

initiating a transfer involving appointment in the new location, the Employer will reimburse the Employee in full for all necessary and reasonable costs, from the time the Employee is obliged to leave their previous home to the time they are again able to occupy a new home.

45.27 The reimbursement will include:

(a) all reasonable costs of packing and removing the Employee's furniture, furnishings and effects to the Employee's new home;

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(b) the cost of adequately insuring these items during their removal; and

(c) the cost of any essential storage and insurance made necessary by the move.

45.28 If the Employee has dependent family members who must change their home with the Employee, the Employer will also meet their necessary and reasonable costs on the same basis as the Employee's own.

45.29 Where the period of the Employee's transitional residence exceeds seven days, the Employee will be required to pay up to one third of the costs of accommodation for the Employee and any dependents for any further period up to three months.

45.30 Clauses 45.26 to 45.29 also apply if the Employee occupies a home arranged by the Employer as a result of an Employer initiated transfer and are required to vacate that home during the term of their appointment for reasons beyond the Employee's control.

45.31 In addition to the reimbursement under clause 45.26, if the Employee owns or leases a home that the Employee has fully furnished, the Employee will be paid a cash allowance not less than the following scale:

Employee without dependants

Employee accompanied by dependants

Employee moving into premises furnished by the Employer

$455 $578

Employee moving into premises not furnished by the Employer

$908 $1,817

provided that: (a) where the circumstances of clause 45.30 apply, the Employee will be paid an

allowance equivalent to half of the applicable allowance set out in this clause 45.31; and

(b) where the Employee is setting up a first home, no allowance is payable.

Travelling time allowance

45.32 When the Employer requires the Employee (other than when the Employee is

travelling to or from the Employee's normal workplace) to travel during the time set out in the table below, the Employee shall be entitled:

(a) to payment of an allowance equivalent to the appropriate leave entitlement at the rate of single time, provided such payment is claimed within four weeks of entitlement; or

(b) to take leave as shown in addition to any other leave prescribed by this Agreement.

Time of travel Leave entitlement

On a Time Away Day or on a day other than a normal working day.

Equivalent number of days leave in lieu

After 1.30 pm on a half day public holiday. One day’s leave in lieu

For more than four hours between 6.30 pm on a full normal working day and 8 am on

One day’s leave in lieu

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Time of travel Leave entitlement

the following day.

For more than two hours but less than four hours between 6.30 pm on a full normal working day and 8 am on the following day.

One half day's leave in lieu thereof

For more than four hours before 8 am on a working day immediately following a non-working day.

One day’s leave in lieu

For more than two hours but less than four hours before 8 am on a working day immediately following a non-working day.

One half day's leave in lieu thereof

45.33 Provided that the Employee is only entitled to the allowance or leave in respect of one

of the conditions in the table above in any 24 hour period (from midnight to midnight).

45.34 For the purposes of calculating the time travelled, the Employee will be deemed to have completed their journey when the Employee reaches their home, provided the Employee proceeds directly there.

45.35 Regardless of the form of travel used, the Employee will only be entitled to the allowance or leave that would be applicable to the time involved if the Employee had used the quickest reasonable means of travel available.

Adjustment of allowances

45.36 Allowances which are based on the Consumer Price Index will be varied annually by determining the increase in CPI between the September quarters as per the following:

(a) Meal allowance (clause 45.1) – ABS CPI Meals Out and Takeaway Foods(Aust); and

(b) Removal Expenses (clause 45.31) – ABS CPI All Groups (Aust).

45.37 As provided for in this clause 45, the following allowances will be increased by 3% on 1 January 2013 and 1 January 2014 and 1 January 2015:

(a) Temporary duties (clauses 45.9 to 45.11);

(b) Special duties (clauses 45.12 to 45.14);

(c) Stand-by (clause 45.15 to 45.20); and

(d) District allowances (clauses 45.38 to 45.41).

District allowances

45.38 District allowances shall be paid where applicable in accordance with clauses 45.38 to 45.41. Such allowances shall be in addition to salaries and other allowances payable under this Agreement.

45.39 For any period the Employee is employed at a branch in a location in Table 1 in clause 45.41, the Employee will be paid a district allowance, and if applicable, a spouse and child allowance as set out in Table 2a in clause 45.41 (for full time Employees) or Table 2b in clause 45.41 (for part time Employees).

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45.40 If the Employee is relieving or auditing in a location in Table 1 in clause 45.41, the Employee will be entitled to the district allowance payable for the Employee's existing appointment, or to the allowance payable under Column 1 for the location the Employee is relieving or auditing in, whichever is the higher.

45.41 For a period of employment less than one week (including at the beginning or ending of the period of employment) at a branch where a district allowance and child allowance is payable, the amount of allowance payable will be calculated by the following formula:

Annual allowance X number of working days 261 For the purpose of this formula, if a public holiday other than a Saturday or Sunday occurs during the period, the public holiday will be added to the number of working days. Table 1 WA QLD NSW SA VIC/TAS

Group 1 Bruce Rock

Dalwallinu Donagara Dowerin Kellerberrin Manjimup Moora Narembeen Wongan Hills

Cairns Chinchilla Mackay Miles Mundubbera Rockhampton Sarina Townsville Yeppoon

Coolamon Coonabarabran Culcairn Dunedoo Finley Narrabri Peak Hill Walcha

Port Augusta Whyalla

(Victoria) Omeo

Group 2 Bencubbin

Boulder Carnamah Esperance Kalgoorlie Lake Grace Morawa Mukinbudin

Airlie Beach Ayr Biloela Bowen Charters Towers Gladstone Goondiwindi Ingham Inglewood Proserpine Roma

Bingara Bombala Condobolin Coolah Coonamble Jindabyne Lockhart Mendooran Moree Trangie Tumbarumba Warialda Warren

Cummins Lameroo Pinnaroo

No Group 2

Group 3 Kalbarri

Southern Cross

Atherton Collinsville Emerald Innisfail Malanda Mareeba

Broken Hill Hay Nyngan

No Group 3 No Group 3

Group 4 No Group 4 Blackwater Moura Springsure St George Taroom

Balranald Bourke Hillston Walgett

No Group 4 (Tasmania) Currie (King Is) Whitemark (Flinders Is)

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Tully

Group 5 Ravensthorpe Charleville

Clermont Longreach

Lightning Ridge Mungindi

Woomera No Group 5

Group 6 No Group 6 Barcaldine

Blackall Cloncurry Mt Isa

Wilcannia No Group 6 No Group 6

Group 7 Broome

Dampier Exmouth Karratha Port Hedland Tom Price Wickham

Richmond Winton

No Group 7 Cooper Pedy No Group 7

Group 8 No Group 8 Cooktown No Group 8 No Group 8 No Group 8

Table 2a - Full time rates Column 1 Column 2 Column 3. Column 4. $ p.a. $ p.a. $ p.a $ p.a

Group 1 $428 $162 $214 $76

Group 2 $626 $235 $314 $113

Group 3 $1,028 $386 $515 $185

Group 4 $1,666 $625 $834 $299

Group 5 $2,434 $912 $1,217 $438

Group 6 $3,307 $1,240 $1,653 $596

Group 7 $4,324 $1,622 $2,163 $778

Group 8 $5,086 $1,907 $2,544 $915

Table 2b - Part time rates Column 1. Column 2 Column 3 Column 4 $ p.h. $ p.h. $ p.h. $ p.h.

Group 1 $0.215 $0.080 $0.109 $0.038

Group 2 $0.317 $0.118 $0.158 $0.057

Group 3 $0.518 $0.193 $0.260 $0.094

Group 4 $0.838 $0.316 $0.420 $0.151

Group 5 $1.226 $0.460 $0.613 $0.222

Group 6 $1.669 $0.625 $0.835 $0.299

Group 7 $2.178 $0.817 $1.091 $0.391

Group 8 $2.565 $0.961 $1.283 $0.461

Column 1 Paid to an employee transferred by the Employer to the location in Table 1. Column 2 Paid to an employee located in Table 1, other than those transferred by the Employer.

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Column 3 Paid to an Employee for a spouse who has accompanied the Employee on a transfer initiated by the Employer. Column 4 Paid to an Employee for each dependent child under nineteen years of age.

46. RECONCILIATION

46.1 The purpose of this clause 46 is to ensure the Agreement passes the "better off overall test" in the Act.

46.2 In this clause:

(a) Actual Remuneration means the total pre tax amount of the following amounts paid (or payable) to an Employee for the relevant Reconciliation Period:

(i) the actual rate of Fixed Pay paid to the Employee for ordinary hours worked, including any payment over the applicable minimum Fixed Pay rates in clause 27, Pay (Minimum Rates Adjustment); and

(ii) any penalty rates (including loadings and/or overtime) or allowances paid to the Employee.

(b) Previous Award means the Westpac Award and the Transitional Westpac APCS.

(c) Previous Award Remuneration means the total pre tax amount of the following amounts which would be payable to an Employee had only the Previous Award applied for the relevant Reconciliation Period:

(i) the relevant minimum salary rate under the Previous Award;

(ii) any penalty rates (including loadings and/or overtime) or allowances under the Previous Award; and

(iii) for part time Employees, who have had their hours reduced at the initiative of their Employer without their agreement under the Agreement, the minimum salary rate under the Previous Award had the Employee worked the hours which the Employee is no longer required to work.

(d) Reconciliation Payment means a payment calculated under clause 46.4.

(e) Reconciliation Period means each 12 month period calculated from the Commencement Date during which this Agreement is in operation provided that:

(i) the last period may be shorter if the Agreement ceases to operate prior to a twelve month anniversary of the Commencement Date; and

(ii) if an Employee ceases to be covered by Section 3, Part A of the Agreement (because their employment terminates or otherwise) the relevant period for that employee will end on the date they cease to be covered by Section 3, Part A.

46.3 On or around the end of each Reconciliation Period, the Employer will determine whether a Reconciliation Payment is to be made to any Employee with respect to the Reconciliation Period.

46.4 Each Reconciliation Payment will be calculated as follows:

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What the Employee's Previous Award Remuneration would have been for the number and pattern of hours worked by the Employee during the Reconciliation Period*

MINUS

The Employee's Actual Remuneration for the number and pattern of hours worked by the Employee during the Reconciliation Period

MINUS

If applicable, the pre tax amount of any part of the payment made to the Employee under clause 38, Transitional Top Up Payment of the Westpac Enterprise Agreement 2010, to the extent that payment (or any part of it) has not previously been taken into account in determining a previous Reconciliation Payment

EQUALS RECONCILIATION PAYMENT

*For part timer Employees to whom clause 46.2(c)(iii) applies, this includes the reduced hours.

46.5 Any Reconciliation Payment due will be paid to all eligible Employees on the same date within 1 month of the end of the Reconciliation Period.

46.6 The Reconciliation Payment will be subject to PAYG taxation.

47. REDUNDANCY

47.1 For the purpose of the provisions incorporated into this Agreement in clause 47.5, references to service (including references to year of service and continuous service) will be taken to refer to continuous service which means an Employee's unbroken period of employment with any Employer, but does not include:

(a) any period of unauthorised absence;

(b) any period of unpaid leave or unpaid authorised absence which is greater than 10 days, excluding any absence on unpaid parental leave; or

(c) any period of service with an Employer for which an Employee has already received a redundancy payment under this Agreement or an industrial instrument which applied to the Employee prior to this Agreement (ie, no double dipping).

47.2 For the purpose of this clause 47, an Employee will be taken to have continuous service if, after an initial termination of their employment with an Employer, they recommence employment with an Employer within 2 months of the date of the initial termination, but not otherwise if they cease employment with an Employer. The period not worked will not count as service.

47.3 Periods specified in clause 47.1 which do not count as continuous service, do not break an Employee's continuous service.

47.4 Nothing in this Agreement limits an Employer from exercising its rights under this clause 47.

47.5 Subject to clauses 47.1 to 47.4, the following redundancy provisions are incorporated into this Agreement:

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(a) clause 26, Redundancy and Redeployment and Appendix 1, Redundancy and Redeployment of the Westpac EDA, Westpac Qld EDA, Westpac SA/NT/Tas EDA, Challenge Bank EDA, Westpac NSW/ACT Call Centres EDA, Westpac WA/NT/SA/QLD/Tas Call Centres EDA, Westpac Launceston Agreement, Westpac Victorian Call Centres EDA and the Westpac Lockleys/Bedford Park Agreement;

(b) clause 5.6, Redundancy, redeployment and retrenchment and Schedule B, Redundancy and Redeployment of the Bank of Melbourne EDA; and

(c) clause 31, Redundancy and Redeployment and Appendix A, Redundancy and Redeployment of the Concord Centre EDA,

provided that clause 6.1, Appendix 1 of the agreements referred to in subparagraph (a), clause 6.1.1, Schedule B of the agreement referred to in subparagraph (b) and clause 6, Appendix A of the agreement referred to in subparagraph (c), is replaced by the following clause:

'Notwithstanding anything contained elsewhere in this Appendix/Schedule, where the Employer has obtained acceptable alternative employment for an Employee, and considers that a lesser payment is appropriate rather than the payment otherwise provided under this Agreement (including not making any payment), the Employer will advise the Union and the Employee. If the Union or the Employee dispute the proposed payment (or the proposal not to make any payment), the Employer may raise the concern under clause 22, Dispute Settlement Procedure. If the matter proceeds to arbitration under the dispute resolution procedure, Fair Work Australia or a third party arbitrator may determine the matter.'

and provided that clause 4.6.2, Appendix 1 of the agreements referred to in subparagraph (a), clause 4.6.2, Schedule B of the agreement referred to in subparagraph (b) and clause 4.6.2, Appendix A of the agreement referred to in subparagraph (c), is replaced by the following clause:

'If an Employee is to be retrenched, the Employee will be given the maximum practical forewarning of the likely retrenchment date. Unless a greater period of notice is provided in an Employee's contract of employment, the Employer will provide six weeks written notice, or, at the Employer's election, payment in lieu of notice.'

48. NOTICE OF TERMINATION

48.1 Clause 24, Termination of Employment of the Westpac Award is incorporated into this Agreement, provided that:

(a) clause 24.1.1 is replaced by:

'21.1.1 In order to terminate an Employee's employment, the Employer must give the Employee:

24.1.1(a) during the Employee's probationary period, one weeks notice; or

24.1.1(b) following the Employee's probationary period, four weeks' notice; and

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24.1.1(c) if the Employee is aged over 45 years at the time notice is given, and have had at least two years' continuous service, an additional one week's notice;

unless the Employee and the Employer have agreed otherwise, in writing.'

(b) clause 24.2.1 is replaced by:

'24.2.1 In order for an Employee to terminate their employment, the Employee must give to the Employer:

24.2.1(a) during the Employee's probationary period, one week's notice; or

24.2.1(b) following the Employee's probationary period, four weeks' notice;

unless the Employee and the Employer have agreed otherwise, in writing.'

49. PROCEDURAL FAIRNESS

49.1 No Employee will be subject to disciplinary action or have their employment or service detrimentally altered because of any charge or complaint made against them, until they are informed of the charge or complaint and given a reasonable opportunity to respond.

49.2 If the operation of this clause 49 results in the Employee having a concern about a matter arising under this Agreement, the concern shall be handled in accordance with clause 22, Dispute Settlement Procedure.

49.3 If the Employee requests in writing to be informed of the nature of any charge or complaint about them or the reason/s for any alteration to their employment or service, a written response must be provided within fourteen days of the request being received.

49.4 This clause 49 has no application when an Employee’s employment is terminated under clause 47, Redundancy.

49.5 The Employer may suspend an Employee on full pay in relation to charges or complaints involving dishonesty, fraud or malpractice and must provide a suspended Employee with information about the charge or complaint and an opportunity to respond as soon as possible.

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PART B – ST.GEORGE 2007 HERITAGE EMPLOYEES

50. APPLICATION

This Section 3, Part B applies to Employees employed by Westpac Banking Corporation as provided for in clause 4.3.

51. PAY (MINIMUM RATES ADJUSTMENT)

51.1 An Employee at the Commencement Date will not be paid less than the Fixed Pay they received in the pay period immediately prior to the Commencement Date, provided they continue to perform the same role at the same grade (if any) and on the same basis (ie, full time, part time or temporary (casual)).

51.2 Subject to clause 51.3, the minimum rates of annual Fixed Pay for full time Employees, who perform duties in a grade set out below, are:

Grade As at 1/01/13 As at 1/01/14 As at 1/01/15

43 $44,524 $45,860 $47,236

44 $46,342 $47,732 $49,164

45 $46,342 $47,732 $49,164

46 $47,461 $48,885 $50,352

47 $47,461 $48,885 $50,352

48 $49,152 $50,626 $52,145

49 $49,152 $50,626 $52,145

50 $52,507 $54,083 $55,705

51 $56,962 $58,671 $60,431

51.3 Clause 51.2 operates subject to the provisions relating to remuneration packaging

which are incorporated in Section 4 for Employees covered by Section 3, Part B.

51.4 The minimum rate of annual Fixed Pay for part time Employees will be a pro rated amount of the applicable minimum rate of pay for a relevant full time Employee. This will be determined on the basis that the full time rate is based on 37.5 hours per week over a 52 week period.

51.5 The minimum hourly rate for casual Employees will be determined by dividing the relevant weekly full time rate in clause 51.2 by 37.5, plus a loading of 20%.

51.6 No Employee shall be paid less than the Federal minimum wage (as varied from time to time).

51.7 When an Employee accepts a lower grade position and the Employee's Fixed Pay is retained above the range for the new position, the Employer and the Employee may agree in writing that the Employee's Fixed Pay will not change (despite any other clause in this Agreement), provided that the Employee's rate of pay is not below the minimum rate specified in clause 51.2.

51.8 The key classification is Class 45/Grade 3.

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PART C - ST.GEORGE BANKING GROUP EMPLOYEES, ST.GEORGE CCC EMPLOYEES AND ST.GEORGE 2010 HERITAGE EMPLOYEES

52. APPLICATION

This Section 3, Part C applies to Employees employed by Westpac Banking Corporation as provided for in clause 4.3.

53. SET FIXED PAY INCREASE FOR 1 JANUARY 2013

53.1 On 1 January 2013, an Employee who is an eligible non-packaged employee (as that term is used in the St.George Enterprise Agreement 2010) will receive a 3.75% increase to their Fixed Pay, provided the Employee was employed by Westpac Banking Corporation as at 30 September 2012.

54. VOTE ABOUT FIXED PAY INCREASE FOR 1 JANUARY 2014

54.1 This clause 54 applies to full time and part time non-packaged employees (as that term is used in the St.George Enterprise Agreement 2010) (Applicable St.George Employees).

54.2 Subject to clause 54.3, at the Vote Date, all Applicable St.George Employees will have the opportunity to participate in an electronic vote in which they elect whether they want increases to Fixed Pay effective 1 January 2014 to be:

(a) Option one – pay for performance: subject to performance, an increase to Fixed Pay of 3.75% from a Fixed Pay increase pool as determined and

distributed in accordance with clause 9 (as amended by clause 55).

(b) Option two – set increase: a 3.25% increase to Fixed Pay, provided the Employee is employed by Westpac Banking Corporation as at 30 September 2013.

54.3 If the Vote Date is after 30 June 2013, only Applicable St.George Employees who commenced employment on or before 30 June 2013 will be eligible to vote.

54.4 If a majority of Applicable St.George Employees vote in favour of option two, Westpac Banking Corporation will apply option two for the purpose of determining the Fixed Pay increase for Applicable St.George Employees effective 1 January 2014 in accordance with clause 56. Otherwise option one will be used to determine the Fixed Pay increase effective 1 January 2014 in accordance with clause 55.

54.5 Westpac Banking Corporation and the Union will agree the timing of the vote in 2013 (Vote Date), the proposed wording for the vote and the vote period.

54.6 Westpac Banking Corporation will provide the vote results to the Union following the outcome of the vote.

55. PAY FOR PERFORMANCE FOR 1 JANUARY 2014 FIXED PAY INCREASE

55.1 This clause 55 will only operate if option one applies as a result of clause 54.4.

55.2 If this clause 55 operates, then clause 9 will apply to full time and part time non-

packaged employees (as that term is used in the St.George Enterprise Agreement 2010) (Applicable St.George Employees) with the following variations:

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(a) the definition of Applicable Employees in clause 9.2(d) will include Applicable St.George Employees in respect of the performance year 1 October 2012 to 30 September 2013; and

(b) a reference to clause 57, Pay (Minimum Rates Adjustment) will be taken to be included at the end of clause 9.9.

56. SET FIXED PAY INCREASE ON 1 JANUARY 20152014

56.1 This clause 56 will only operate if option two applies as a result of clause 54.4.

56.256.1 On 1 January 20142015, an Employee who is an eligible non-packaged employee (as that term is used in the St.George Enterprise Agreement 2010) will receive a 3.25% increase to their Fixed Pay, provided the Employee was employed by Westpac Banking Corporation as at 30 September 20132014.

57. PAY (MINIMUM RATES ADJUSTMENT)

57.1 An Employee at the Commencement Date will not be paid less than the Fixed Pay they received in the pay period immediately prior to the Commencement Date, provided they continue to perform the same role at the same grade (if any) and on the same basis (ie, full time, part time or temporary (casual)).

57.2 Subject to clause 57.3, the minimum gross rates of annual Fixed Pay for full time Employees, who perform duties in a grade set out below are the following ranges:

Grade Fixed Pay range from

1 January 2013

Fixed Pay range from 1 January 2014

Fixed Pay range from 1 January 2015

Minimum Maximum Minimum Maximum Minimum Maximum

43 $45,390.77 $48,381.99 $46,752.49 $49,833.45 $48,155.06 $51,328.45

44 $47,244.54 $53,055.42 $48,661.88 $54,647.08 $50,121.74 $56,286.49

45 $47,244.54 $53,055.42 $48,661.88 $54,647.08 $50,121.74 $56,286.49

46 $48,386.44 $55,706.86 $49,838.04 $57,378.07 $51,333.18 $59,099.41

47 $48,386.44 $55,706.86 $49,838.04 $57,378.07 $51,333.18 $59,099.41

48 $50,109.88 $62,737.61 $51,613.18 $64,619.74 $53,161.58 $66,558.33

49 $50,109.88 $73,022.51 $51,613.18 $75,213.19 $53,161.58 $77,469.59

50 $53,531.12 $79,384.83 $55,137.05 $81,766.37 $56,791.16 $84,219.36

51 $58,073.09 $81,109.38 $59,815.28 $83,542.66 $61,609.74 $86,048.94

57.3 Clause 59.2 operates subject to the provisions relating to remuneration packaging

which are incorporated in Section 4, Part G.

57.4 The minimum gross rates of annual Fixed Pay for full time Employees engaged as an accredited Customer Service Specialist are:

(a) $53,085 on and from 1 January 2013;

(b) $54,678 on and from 1 January 2014;

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(b)(c) $56,318 on and from 1 January 2015.

57.5 The minimum rates of gross annual Fixed Pay for full time Employees employed to work in the Customer Contact Centre to perform an external customer interfacing role e.g. consultants in the sales and service areas, team leaders and senior lenders (residential support) are:

Level

Fixed Pay rate effective from 1 January 2013

Fixed Pay rate effective from 1 January 2014

Fixed Pay rate effective from 1 January 2015

1 $48,338 $49,788 $51,282

2 $51,239 $52,776 $54,359

3 $54,314 $55,943 $57,621

4 $57,573 $59,300 $61,079

5 $59,876 $61,672 $63,522

6 $62,271 $64,139 $66,063

Team Leader

$64,762 (min) - $82,941 (max)

$66,705 (min) - $85,429 (max)

$68,706 (min) - $87,992 (max)

57.6 The minimum rates of annual Fixed Pay for part time Employees and flexible part time

Employees will be a pro-rated amount of the applicable minimum rate of pay for a relevant full time Employee. This will be determined on the basis that the full time rate is based on 37.5 hours per week over a 52 week period.

57.7 The minimum hourly rate for temporary or casual Employees will be determined by dividing the applicable gross minimum weekly full time rate in clause 57.4 or 57.5 by 37.5, plus a loading of 20%.

57.8 When an Employee accepts a lower grade position and the Employee's Fixed Pay is retained above the range for the new position, the Employer and the Employee may agree in writing that the Employee's Fixed Pay will not change (despite any other clause in this Agreement), provided that the Employee's rate of pay is not below the relevant minimum rate specified in clauses 57.2, 57.4 or 57.5.

57.9 The key classification is Class 45/Level 3.

57.10 The minimum Fixed Pay amounts set out in this clause 57 and in the definition of Packaged employee in the St.George Enterprise Agreement 2010 (which is incorporated into this Agreement) take into account any minimum weekly wages, allowances, overtime, penalty rates and loadings the Employee may, but for this Agreement, be entitled to under a modern award or other industrial instrument or legislation.

Review of Career Path Model

57.11 Where the Employer proposes to make changes to the Career Path Model in the Customer Contact Centre which will have a significant effect on the Employees covered by this Model, the Employer will notify Employees and the Union of the proposed changes as soon as practicable and prior to any such changes being implemented.

57.12 When the Employer consults with Employees and the Union on any such changes, Employees and their nominated representative will have an opportunity to raise

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concerns or issues that will be then given due consideration by the Employer before any such changes are implemented.

58. ADJUSTMENT TO ALLOWANCES

58.1 The references to clauses 38.3(a) and (b), 38.5(b), 43.3(a), 44.3, 56.5(b)(xi) and 58.5, in this clause 58 are references to clauses in the St.George Enterprise Agreement 2010 which are incorporated in Section 4 of this Agreement.

58.2 The following expense related allowances will be adjusted in November of each year by applying the increase in the CPI between consecutive September quarters using the ABS All Groups Index Numbers (weighted average of 8 capital cities):

Clause Type of Allowance

Amount

38.3(a) Motor vehicle expense reimbursement

1500cc and over - $119.98 per week Over 1500cc - $143.37 per week

38.5(b) Relief Allowance

$56.14 per week

43.3(a) Meal Allowance

$13.75

56.5(b)(xi)

Relocation Allowance

$894.82

58.5

First Aid Allowance

$11.26 per week

58.3 The following allowances will be adjusted to reflect the set rate per kilometre for car

expenses as determined from time to time by the Australian Taxation Office:

Clause Type of Allowance

Amount

38.3(b) Incidental use of motor vehicle allowance

Not exceeding 1600cc – 6365 cents per km Exceeding 1600 but not more than 2600cc - 7476 cents per km Exceeding 2600cc – 7577 cents per km

58.4 The following allowances will be adjusted as set out in the table below:

Clause Type of Allowance

Amount at first full pay period on or after 1 January 2013

Amount at first full pay period on or after 1 January 2014

44.3 Standby/ Callback Allowance

Mon. to Fri. – $19.71 per day Sat., Sun, Pub. Hols - $39.77 per day

Mon. to Fri. – $20.30 per day Sat., Sun, Pub. Hols - $40.96 per day

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Effective 1 January 2015, the rates specified in this clause 58.4 as the amount on or after 1 January 2014, will be increased by 3%.

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SECTION 4 – INCORPORATED TERMS

59. GENERAL

Meaning of terms

59.1 Unless a contrary intention appears:

(a) subject to subclause 59.1(b), expressions used in an Incorporated Term that were defined in the industrial instrument from which that term is sourced, have the same meaning as the definition in the industrial instrument;

(b) if an Incorporated Term uses an expression defined in both the industrial instrument from which the term is sourced and this Agreement and it is clear from the context of the term which of those meanings is intended to apply in the term, the expression has that meaning.

References to Incorporated Terms

59.2 References in an Incorporated Term to another Incorporated Term are taken to be references to the Incorporated Term as amended in this Section 4.

Common changes to Incorporated Terms

59.3 In the Incorporated Terms, except as otherwise provided for in clause 60:

(a) references to the 'Australian Industrial Relations Commission' or 'Commission' or 'AIRC' are deleted and 'Fair Work CommissionAustralia' is inserted;

(b) references to the 'Australian Human Rights and Equal Opportunity Commission' is deleted and 'Australian Human Rights Commission' is inserted;

(c) references to the 'Workplace Relations Act' or 'Workplace Relations Act 1996' are deleted and 'Fair Work Act 2009' is inserted;

(d) in the terms incorporated in Part A, any reference to 'clause 11.1 - Salary rates' or 'clause 11 – Salary rates' is deleted and 'clause 27' is inserted; and

(e) references to 'immediate family or household member' or 'members of their immediate family or household' or 'member of the employee's immediate family or household' are deleted and 'immediate family member or member of the Employee's household' is inserted.

Incorporated Terms which cease operation on the Payment Commencement Date

59.4 Any Incorporated Term that ceases operation on the Payment Commencement Date will only apply to Preserved Entitlement Employees between the Commencement Date and the Payment Commencement Date.

59.5 In this Section 4, a reference to Preserved Entitlement Employees or Payment Commencement Date are as those terms are defined in clause 14.10.

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60. INCORPORATED TERMS

PART A – EMPLOYEES OF WESTPAC BANKING CORPORATION

60.1 This Section 4, Part A applies to Employees employed by Westpac Banking Corporation as provided for in clause 4.4.

60.2 The Incorporated Terms of each of the enterprise agreements incorporated in this Part A are to be read in conjunction with the Incorporated Terms of the Westpac Award incorporated in this Part A, but where there is any inconsistency, the Incorporated Terms of the enterprise agreement prevails over the Incorporated Terms of the Westpac Award.

Subpart (1) - NSW

60.3 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Westpac Banking Corporation Enterprise Development Agreement 2002.

60.4 Subject to clauses 4.5 and 59, the following terms of the Westpac Award are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clause 4, Application of this Award

-

Clause 5, Relationship with other Awards

-

Clause 6, Definitions

Incorporated to the extent the terms are used in the clauses incorporated in this table.

In clause 6.2, 'clause 15 – Public holidays' is deleted and 'clause 43 – Public holidays, in the Agreement' is inserted.

In clause 6.9.2, 'after clause 14 – Loadings' add 'or clause 32.5(b) of this Agreement'.

Clause 6.12 is deleted.

In clause 6.13.3, '11.1' is deleted and 'clause 27 in the Agreement' is inserted.

Clause 7, Anti-discrimination

In clause 7.1, delete 'achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing' and insert 'respect and value'.

In clause 7.2 'clause 26' is deleted and 'clause 22 of the Agreement' is inserted.

In clause 7.3.4 's.170CK(3) and (4) of the Act' is deleted and '772(2) of the Fair Work Act 2009' is inserted.

Clause 8, Contract of Employment

In clause 8.2, 'clause 9 – Hours of work' is deleted and 'clauses 28 to 31, 35, 41 and 42 in the Agreement' is inserted.

In clause 8.3.1, 'clause 9 – Hours of work' is deleted and 'clauses 28 to 31, 33, 34 to 37 and 41, in the Agreement' is inserted.

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Incorporated Term Amendments to the clause

In clause 8.3.2, 'award' is deleted and 'award or Agreement' is inserted.

In clause 8.4.2(a):

'11.1' is deleted and 'clause 27, in the Agreement' is inserted

'14.2' is deleted and 'clause 32.5(b), in the Agreement' is inserted

'all other award and non-award benefits' is deleted and 'all other award and Agreement and non-award and non Agreement benefits' is inserted

after 'following provisions of the award' add 'and Agreement'

the list of clauses after the colon is deleted and the following is inserted:

Clause number Clause title

4 of the award Application of award

5 of the award Relationship of award

6 of the award Definitions

7 of the award Anti-discrimination

8.4 of the award Temporary employees (casuals)

27 of the Agreement Pay (Minimum Rates Adjustment)

12.1 of the award Payment of salaries

32.5(b) of the Agreement Temporary employee loadings

40.16 to 40.19 of the Agreement

Temporary employee overtime

24.4 of the award Termination of employment of temporary loadings

38 of the Agreement Temporary (casual) employees

22 of the Agreement Dispute settlement procedure

27 of the award Availability of the award

In clause 8.4.2(b) delete '23' and insert '10' in the Agreement'.

In clause 8.4.5(a) 'subclauses 22.5 and 22.6' is deleted and 'clauses 13.2 and 13.3 of the Agreement' is inserted.

In clause 8.7.1 the list of clauses after the colon is deleted and the following is inserted:

Clause number Clause title

Clause 42 in the Agreement Time Away Days

Clause 10.3 in the award Breaks between the work of one day and the next

Clauses 45.1 to 45.8 in the Agreement

Meal allowance

Clauses 45.15 to 45.20 in the Agreement

Stand-by allowance

Clause 40 in the Agreement Overtime

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Incorporated Term Amendments to the clause

Clause 34.4 in the Agreement

Part time extra hours

Clauses 8.6, 10.2, 10.3, 10.3.4, 13.5 and 14.1 in the award and 45.9 to 45.11 in the Agreement

Shift work

Clauses 43.11 to 43.15 in the Agreement

Payment for public holidays

Clause 45.32 to 45.35 in the Agreement

Travelling time allowance

In clause 8.7.2 the list of clauses after the colon is deleted and the following is inserted:

Clause number Clause title

Clause 42 in the Agreement Time Away Days

Clause 10.3 in the award Breaks between the work of one day and the next

Clauses 45.1 to 45.8 in the Agreement

Meal allowance

Clauses 45.15 to 45.20 in the Agreement

Stand-by allowance

Clause 40 in the Agreement Overtime

Clause 34.4 in the Agreement

Part time extra hours

In clause 8.7.2(b) both references to '9.1.6' are deleted and replaced with 'clause 42.8 of the Agreement'

Clause 9.2, Part-time employees, other than those on shift work

This clause is incorporated on the basis that it only applies to Employees working part time with an Employer prior to 22 November 1996 who were working part time at 24 September 2010.

In clause 9.2.1(a), '15' is deleted and '43' is inserted.

In clause 9.2.4(e), 'use the grievance handling procedure in this award' is deleted and 'raise a concern under clause 22, Dispute Settlement Procedure'.

In clauses 9.2.6 and 9.2.7, the references to '13.4.1' are deleted and '40.6' is inserted.

In clause 9.2.9, '9.1.5' is deleted and 'clause 42.2 of the Agreement' is inserted.

Clause 10, Breaks

-

Clause 12, Payment of salaries

In clause 12.1, '$48,311' is deleted and $67,797' is inserted.

In clause 12.3, '9.1.5' is deleted and 'clauses 42.2 to 42.7 of the Agreement' is inserted.

Clause 14.1, Shift loadings

In clause 14.1.3, '15.1.1 or 15.1.6' is deleted and '43.2(a) or 43.4 of the Agreement' is inserted.

In clause 14.1.2, '$28,353' is deleted and '$67,797' is inserted.

In clause 14.1.3(a), '15.1.2 or 15.1.3' is deleted and '43.2(b) or 43.2(c) of the Agreement' is inserted.

Clause 17, Higher and lower duties

-

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Incorporated Term Amendments to the clause

Clause 18, Workers' compensation make-up pay

-

Clause 19, Supported wage

In clause 19.1.1, 'Supported Wage System: Guidelines and Assessment Process' is deleted and 'Supported Wage System Handbook, July 2012' is inserted.

In clause 19.2.2, after 'award' insert 'or Agreement'.

In clause 19.3, delete 'award'.

In clauses 19.4.2 and 19.9.3, '$62.00' is deleted and '$7280' is inserted.

In clause 19.5.1, delete 'award'

Clause 20, Annual leave

In clause 20.1.5, delete the last sentence.

From the Payment Commencement Date, delete clauses 20.1.7(b) and 20.2.2 to 20.2.5.

Delete clause 20.3.2.

Clause 21, Long service leave

After clause 21.1.2, insert a new clause: '21.1.2A Although your full entitlement isn't available until you have completed 15 years of continuous service, you can access your accrued long service leave after 10 years of continuous service. When you have completed 10 years continuous service, you will have 8 and 2/3 weeks of accrued long service leave.'

In clause 21.3.2, delete the last sentence.

In clause 21.2.4, after 'award', insert 'or Agreement'.

Clause 22, Personal leave

Delete clause 22.1.

In clause 22.7.2, '9 – Hours of work' is deleted and '28 – Ordinary Hours of Work in the Agreement' is inserted.

In clause 22.2.2(a):

the references to '15.2' are deleted and '22.8' is inserted

the reference to '76' is deleted and '91.2' is inserted

insert the following sentence at the end of the clause: 'The increase to the quantum of personal/carer's leave provided for in this clause from the Commencement Date will not be operational until a date determined by the Employer (which will be as soon as practicable after the Commencement Date) at which time additional personal/carer's leave accrued pursuant to the changes to this clause will be backdated to the Commencement Date.'.

Delete clause 22.2.2(d).

Delete clause 22.5.

Delete clause 22.6.

In clause 22.7.1:

'members of your immediate family or household' is deleted and replaced with 'immediate family member or member of the Employee's household'

'22.5 and 22.6' is deleted and 'clauses 13.2 and 13.3 of the Agreement' is inserted

In clause 22.7.2, 'clause 9 – Hours of work' is deleted and 'clauses 27 to 30, 34, 40 and 41 of the Agreement' is inserted.

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Incorporated Term Amendments to the clause

Clause 22A, Bereavement leave

-

Clause 24, Termination of employment

This clause is incorporated as amended by clause 48 of the Agreement.

Clause 27 -

Appendix 1 In clause 9, after both references to the 'award' insert 'or the Agreement'.

From the Payment Commencement Date, delete clause 6.

60.5 Subject to clauses 4.5 and 59, the following terms of the Westpac EDA are

incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clause 3.1, Coverage and parties bound

In clause 3.1, '1998' is deleted and '2002' is inserted.

Clause 10, Employment of specialists

In clause 10.1, 'details of which EDA and Award' is replaced with 'details of which EDA, Award or Agreement'

In clause 10.3, 'the minimum Award rate of the M1 grade' is deleted and 'the rate for the M1 grade in the Transitional Westpac APCS as amended from time to time (currently $58,72455,569)' is inserted.

In clause 10.6, the references to 'in this EDA' are deleted and 'in the Transitional Westpac APCS' is inserted.

Clause 13, Staffing

In clause 13.1, 'EDA' is deleted and 'Agreement' is inserted.

In clauses 13.2 and 13.5, 'clause 13 of the Award' is deleted and 'clause 40 of the Agreement' is inserted.

In clause 13.3, after 'the Award,' add 'or the Agreement'.

In clause 13.9, 'clause 26 of the Award' is deleted and 'clause 22 of the Agreement' is inserted.

Clause 19, Alternative methods of taking sick leave

-

Clause 20.1, Alternative methods of taking annual leave

Delete clause 20.1(b), dot point four.

Clause 23, Minimum increase on promotion

-

Clause 24, Remuneration packaging

-

Clause 25, Overtime records

-

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Incorporated Term Amendments to the clause

Clause 26, Redundancy and redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

Clause 27, Safety in travelling to and from work

-

Clause 28, Miscellaneous

-

Appendix 1, Redundancy and Redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

From the Payment Commencement Date, delete that part of the sentence in clause 4.8.1 beginning 'plus any loadings for each completed year' and ending 'clause 20.2.2'.

In clause 5(iii)(b), 'Dispute Settlement (clause 8)' is deleted and 'clause 22 of this Agreement' is inserted.

Appendix 3, Banking Centres

In clause 1, 'in the Award or the appropriate EDA' is deleted and 'this Agreement' is inserted.

In clauses 2 and 4, 'clause 9 of the Award' is deleted and 'clause 35 of this Agreement' is inserted.

In clause 5, 'the Award' is deleted and 'this Agreement' is inserted.

In the table in clause 6:

'15.1.1 and 15.1.6 of the Award (or other holidays substituted under clause 15.1.4 of the Award)' is deleted and '43.2(a) and 43.5 of this Agreement (or other holidays substituted under clause 43.3 of this Agreement)'

'15.1.2 and 15.1.3 of the Award (or other holidays substituted under clause 15.1.4' is deleted and replaced with '43.2(b) and 43.2(c) of this Agreement (or other holidays substituted under clause 43.3 of this Agreement)'

In clause 7, 'the Award' is deleted and 'this Agreement' is inserted.

Appendix 5, Salary sacrifice

Clause 1.3(d)(i)(E) is deleted.

From the Payment Commencement Date, delete clause 1.3(d)(i)(I).

In clause 1.3(d)(i)(G), 'clause 9.2.7' is deleted and 'clause 34.4 of this Agreement' is inserted.

In clause 1.3(d)(i)(H), 'clause 16.8.1 of the Award' is deleted and 'clauses 45.32 to 45.35 of this Agreement' is inserted.

In clause 1.3(d)(i)(J):

'clauses 9.1.5(c)(iii), 9.1.5(d) or 9.1.5(e) of the Award' is deleted and 'clauses 42.5(c), 42.6 or 42.7 of this Agreement' is inserted

'clause 9.1.6 of the Award' is deleted and 'clause 42.8 of this Agreement' is inserted

102

Subpart (2) – SA/NT/Tas

60.6 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Westpac Banking Corporation (SA/NT/Tas) Enterprise Development Agreement 2002.

60.7 The terms of the Westpac Award are incorporated into this Agreement as set out in clause 60.4.

60.8 The terms of the Westpac SA/NT/Tas EDA are incorporated into this Agreement on the same basis as the terms of the Westpac EDA are incorporated in clause 60.5.

Subpart (3) – Queensland

60.9 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Westpac Banking Corporation (Qld) Enterprise Development Agreement 2002.

60.10 The terms of the Westpac Award are incorporated into this Agreement as set out in clause 60.4.

60.11 The terms of the Westpac Qld EDA are incorporated into this Agreement on the same basis as the terms of the Westpac EDA are incorporated in clause 60.5.

Subpart (4) – NSW and ACT Call Centres

60.12 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Westpac Banking Corporation (NSW & ACT Call Centres) Enterprise Development Agreement 2002.

60.13 The terms of the Westpac Award are incorporated into this Agreement as set out in clause 60.4.

60.14 Subject to clauses 4.5 and 59, the following terms of the Westpac NSW/ACT Call Centres EDA are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clauses 3.1, Coverage and parties bound

In clause 3.1, '1998' is deleted and '2002' is inserted.

Clause 10, Employment of specialists

In clause 10.1, 'details of which EDA and Award' is replaced with 'details of which EDA, Award or Agreement'.

In clause 10.3, 'the minimum Award rate of the M1 grade' is deleted and 'the rate for the M1 grade in the Transitional Westpac APCS as amended from time to time (currently $58,72455,569)' is inserted.

In clause 10.6, the references to 'in this EDA' are deleted and 'in the Transitional Westpac APCS' is inserted.

Clause 13, Staffing

In clauses 13.2 and 13.5, 'clause 13 of the Award' is deleted and 'clause 40 of the Agreement' is inserted.

In clause 13.3, after 'the Award,' add 'or the Agreement'.

In clause 13.9, 'clause 26 of the Award' is deleted and 'clause

103

Incorporated Term Amendments to the clause

22 of the Agreement' is inserted.

Clause 19, Alternative methods of taking sick leave

-

Clause 20.1, Alternative methods of taking annual leave

Delete clause 20.1(b), dot point four.

Clause 23, Minimum increase on promotion

-

Clause 24, Remuneration packaging

-

Clause 25, Overtime records

-

Clause 26, Redundancy and redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

Clause 27, Safety in travelling to and from work

-

Clause 28, Miscellaneous

-

Appendix 1, Redundancy and Redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

From the Payment Commencement Date, delete that part of the sentence in clause 4.8.1 beginning 'plus any loadings for each completed year' and ending 'clause 20.2.2'.

In clause 5(iii)(b), 'Dispute Settlement (clause 8)' is deleted and 'clause 22 of this Agreement' is inserted.

Appendix 3, Salary sacrifice

In clause 1.3(d)(i)(E), 'clause 9.2.7' is deleted and 'clause 34.4 of this Agreement' is inserted.

In clause 1.3(d)(i)(F), 'clause 16.8.1 of the Award' is deleted and 'clauses 45.32 to 45.35 of this Agreement' is inserted.

From the Payment Commencement Date, delete clause 1.3(d)(i)(I).

In clause 1.3(d)(i)(H):

'clauses 9.1.5(c)(iii), 9.1.5(d) or 9.1.5(e) of the Award' is deleted and 'clauses 42.5(c), 42.6 or 42.7 of this Agreement' is inserted

'clause 9.1.6 of the Award' is deleted and 'clause 42.8 of this Agreement' is inserted

104

Subpart (5) – WA/NT/SA/Qld/Tas Call Centres

60.15 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Westpac Banking Corporation (WA/NT/SA/Qld/Tas Call Centres) Enterprise Development Agreement 2002.

60.16 The terms of the Westpac Award are incorporated into this Agreement as set out in clause 60.4.

60.17 The terms of the Westpac WA/NT/SA/Qld/Tas Call Centres EDA are incorporated into this Agreement on the same basis as the terms of the Westpac NSW/ACT Call Centres EDA are incorporated in clause 60.14.

Subpart (6) – Victorian Call Centres

60.18 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Westpac Banking Corporation (Victorian Call Centres) Enterprise Development Agreement 2002.

60.19 The terms of the Westpac Award are incorporated into this Agreement as set out in clause 60.4.

60.20 The terms of the Westpac Victorian Call Centres EDA are incorporated into this Agreement on the same basis as the terms of the Westpac NSW/ACT Call Centres EDA are incorporated in clause 60.14.

Subpart (7) – Launceston

60.21 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Westpac Banking Corporation Launceston Call Centre Agreement 2002.

60.22 The terms of the Westpac Award are incorporated into this Agreement as set out in clause 60.4.

60.23 Subject to clauses 4.5 and 59, the following terms of the Westpac Launceston Agreement are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clauses 3.1, Coverage and parties bound

In clause 3.1, '1998' is deleted and '2002' is inserted.

Clause 10, Employment of specialists

In clause 10.1, 'details of which EDA and Award' is replaced with 'details of which EDA, Award or Agreement'.

In clause 10.3, 'the minimum Award rate of the M1 grade' is deleted and 'the rate for the M1 grade in the Transitional Westpac APCS as amended from time to time (currently $55,56958,724)' is inserted.

In clause 10.6, the references to 'in this EDA' are deleted and 'in the Transitional Westpac APCS' is inserted.

Clause 13, Staffing

In clauses 13.2 and 13.5, 'clause 13 of the Award' is deleted and 'clause 40 of the Agreement' is inserted.

105

Incorporated Term Amendments to the clause

In clause 13.3, after 'the Award,' add 'or the Agreement'.

In clause 13.9, 'the Grievance Handling Procedure in clause 26 of the Award' is deleted and 'clause 22 of the Agreement' is inserted.

Clause 19, Alternative methods of taking sick leave

-

Clause 20.1, Alternative methods of taking annual leave

Delete clause 20.1(b), dot point four.

Clause 23, Minimum increase on promotion

-

Clause 24, Remuneration packaging

-

Clause 25, Overtime records

-

Clause 26, Redundancy and redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

Clause 27, Safety in travelling to and from work

-

Clause 28, Miscellaneous

-

Appendix 1, Redundancy and Redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

From the Payment Commencement Date, delete that part of the sentence in clause 4.8.1 beginning 'plus any loadings for each completed year' and ending 'clause 20.2.2'.

In clause 5(iii)(b), 'Dispute Settlement (clause 8)' is deleted and 'clause 22 of this Agreement' is inserted.

Appendix 3, clause 1.1, Objectives

'EDA' is deleted and 'Agreement ' is inserted.

Appendix 3, clause 4, Public Holidays

In the first row of the table, 'clause 15.1.4 of the Award' is deleted and 'clause 43.3 of this Agreement' is inserted.

In the second row of the table, 'clauses 15.1.1 and 15.1.6 of the Award' is deleted and 'clause 43.2(a) and 43.5 of this Agreement' is inserted.

Appendix 3. clause 5, Anti-discrimination

This clause should be numbered '5' and the subclauses should be numbered '5.1', '5.2 and 5.3' rather than '4.1', '4.2' and '4.3'.

In clause 4.1, delete 'achieve the principal object in s.3(j) of

106

Incorporated Term Amendments to the clause

the Workplace Relations Act 1996, which is to'.

In clause 4.2, delete 'EDA' and insert 'Agreement'.

Appendix 3, clause 5, Career Opportunities in the Launceston Call Centre

This clause should be numbered '6' rather than '5'.

Appendix 3, clause 6, Staff Amenities

This clause should be numbered '7' rather than '6'.

Appendix 4, Salary sacrifice

In clause 1.3(d)(i)(F), 'clause 3 of Appendix 3 of the EDA' is deleted and 'clause 32 of this Agreement' is inserted.

In clause 1.3(d)(i)(G), 'clause 9.2.7' is deleted and 'clause 34.4 of this Agreement' is inserted.

In clause 1.3(d)(i)(H), 'clause 16.8.1 of the Award' is deleted and 'clauses 45.32 to 45.35 of this Agreement' is inserted. From the Payment Commencement Date, delete clause 1.3(d)(i)(I). In clause 1.3(d)(i)(J):

'clauses 9.1.5(c)(iii), 9.1.5(d) or 9.1.5(e) of the Award' is deleted and 'clauses 42.5(c), 42.6 or 42.7 of this Agreement' is inserted

'clause 9.1.6 of the Award' is deleted and 'clause 42.8 of this Agreement' is inserted.

Subpart (8) – Lockleys/Bedford Park

60.24 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Westpac Banking Corporation Lockleys/Bedford Park Site Agreement 2002.

60.25 The terms of the Westpac Award are incorporated into this Agreement as set out in clause 60.4.

60.26 Subject to clauses 4.5 and 59, the following terms of the Westpac Lockleys/Bedford Park Agreement are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clauses 3.1, Coverage and parties bound

In clause 3.1, '1998' is deleted and '2002' is inserted.

Clause 10, Employment of specialists

In clause 10.1, 'details of which EDA and Award' is replaced with 'details of which EDA, Award or Agreement'

In clause 10.3, 'the minimum Award rate of the M1 grade' is deleted and 'the rate for the M1 grade in the Transitional Westpac APCS as amended from time to time (currently $58,72455,569)' is inserted.

In clause 10.6, the references to 'in this EDA' are deleted and 'in the Transitional Westpac APCS' is inserted.

Clause 13, In clauses 13.2 and 13.5, 'clause 13 of the Award' is deleted

107

Incorporated Term Amendments to the clause

Staffing and 'clause 40 of the Agreement' is inserted.

In clause 13.3, after 'the Award,' add 'or the Agreement'.

In clause 13.9, 'the Grievance Handling Procedure contained in clause 26 of the Award' is deleted and 'clause 22 of the Agreement' is inserted.

Clause 19, Alternative methods of taking sick leave

-

Clause 20.1, Alternative methods of taking annual leave

Delete clause 20.1(b), dot point four.

Clause 23, Minimum increase on promotion

-

Clause 24, Remuneration packaging

-

Clause 25, Overtime records

-

Clause 26, Redundancy and redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

Clause 27, Safety in travelling to and from work

-

Clause 28, Miscellaneous

-

Appendix 1, Redundancy and Redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

From the Payment Commencement Date, delete that part of the sentence in clause 4.8.1 beginning 'plus any loadings for each completed year' and ending 'clause 20.2.2'.

In clause 5(iii)(b), 'Dispute Settlement (clause 8)' is deleted and 'clause 22 of this Agreement' is inserted.

Appendix 4, Salary sacrifice

In clause 1.3(d)(i)(E), 'clause 3 of Appendix 3 of the EDA' is deleted and 'clause 32 of this Agreement' is inserted.

In clause 1.3(d)(i)(F), 'clause 9.2.7' is deleted and 'clause 34.4 of this Agreement' is inserted.

In clause 1.3(d)(i)(G), 'clause 16.8.1 of the Award' is deleted and 'clauses 45.32 to 45.35 of this Agreement' is inserted.

From the Payment Commencement Date, delete clause 1.3(d)(i)(H).

108

Incorporated Term Amendments to the clause

In clause 1.3(d)(i)(I):

'clauses 9.1.5(c)(iii), 9.1.5(d) or 9.1.5(e) of the Award' is deleted and 'clauses 42.5(c), 42.6 or 42.7 of this Agreement' is inserted

'clause 9.1.6 of the Award' is deleted and 'clause 42.8 of this Agreement' is inserted

Subpart (9) – Concord

60.27 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Concord Centre Enterprise Development Agreement 2002.

60.28 The terms of the Westpac Award are incorporated into this Agreement as set out in clause 60.4.

60.29 Subject to clauses 4.5 and 59, the following terms of the Concord Centre EDA are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clauses 2.1, Coverage

In clause 2.1, '1998' is deleted and '2002' is inserted.

Clause 4, Definitions

Incorporated to the extent the terms are used in the clauses incorporated in this table

Clause 11, Employment of specialists

In clause 11.1, 'provisions of the Agreement and Award' is replaced with 'provisions of this Agreement (ie, the Westpac Group Enterprise Agreement 2013)'.

In clause 11.3, 'the minimum Award rate of the M1 grade' is deleted and 'the rate for the M1 grade in the Transitional Westpac APCS as amended from time to time (currently $58,72455,569)' is inserted.

In clause 11.6, the references to 'in this Agreement' are deleted and 'in the Transitional Westpac APCS' is inserted.

Clause 15, 30 Minute Meal Break

-

Clause 18, Staffing

In clause 18.1, after 'this Agreement' insert '(ie, the Westpac Group Enterprise Agreement 2013)'.

In clauses 18.2 and 18.5, 'clause 13 of the Award' is deleted and 'clause 40 of the Agreement (ie, the Westpac Group Enterprise Agreement 2013)' is inserted.

In clause 18.3, after 'Agreement' insert '(ie, the Westpac Group Enterprise Agreement 2013)'.

In clause 18.9, 'the grievance handling procedure contained in clause 26 of the Award' is deleted and 'clause 22 of the Agreement' is inserted.

Clause 23, Alternative methods of taking sick leave

-

Clause 24, -

109

Incorporated Term Amendments to the clause

Annual leave roster

Clause 25.1, Alternative methods of taking annual leave

Delete clause 25.1(b), dot point four.

Clause 28, Minimum increase on promotion

-

Clause 29, Remuneration packaging

-

Clause 30, Overtime records

-

Clause 31, Redundancy and redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

Clause 32, Safety in travelling to and from work

-

Clause 33, Miscellaneous

-

Appendix A, Redundancy and Redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

From the Payment Commencement Date, delete that part of the sentence in clause 4.8.1 beginning 'plus any loadings for each completed year' and ending 'clause 20.2.2'.

In clause 5(iii)(b), 'Dispute Settlement (clause 8)' is deleted and 'clause 22 of this Agreement' is inserted.

Appendix F, Salary sacrifice

Clause 1.3(d)(i)(E) is deleted.

In clause 1.3(d)(i)(F), 'clause 9.2.7' is deleted and 'clause 34.4 of this Agreement' is inserted.

In clause 1.3(d)(i)(G), 'clause 16.8.1 of the Award' is deleted and 'clauses 45.32 to 45.35 of this Agreement' is inserted.

From the Payment Commencement Date, delete clause 1.3(d)(i)(H). In clause 1.3(d)(i)(I):

'clauses 9.1.5(c)(iii), 9.1.5(d) or 9.1.5(e) of the Award' is deleted and 'clauses 42.5(c), 42.6 or 42.7 of this Agreement' is inserted

'clause 9.1.6 of the Award' is deleted and 'clause 42.8 of this Agreement' is inserted

Subpart (10) – Challenge Bank (WA)

110

60.30 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Challenge Bank Enterprise Development Agreement 2002.

60.31 The terms of the Westpac Award are incorporated into this Agreement as set out in clause 60.4.

60.32 Subject to clauses 4.5 and 59, the following terms of the Challenge Bank EDA are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clauses 3.1, 3.2, 3.3.1 and 3.4, Coverage and parties bound

In clause 3.1, '1998' is deleted and '2002' is inserted.

In clause 3.3.1, the following is deleted: 'Clauses 9.2.5, 9.2.6, 9.2.7, Part time extra hours (entirely replaced by clause 29 EDA) Clause 14.2, Temporary employee loadings (entirely replaced by clause 16.2 EDA)'

Clause 3A, Westpac Banking Corporation

In clause 3A.2(b), after 'this EDA' insert 'and this Agreement'.

Clause 10, Employment of specialists

In clause 10.1, 'details of which EDA and Award' is replaced with 'details of which EDA, Award or Agreement'

In clause 10.3, 'the minimum Award rate of the M1 grade' is deleted and 'the rate for the M1 grade in the Transitional Westpac APCS as amended from time to time (currently $58,72455,569)' is inserted.

In clause 10.6, the references to 'in this EDA' are deleted and 'in the Transitional Westpac APCS' is inserted.

Clause 13, Staffing

In clauses 13.2 and 13.5, 'clause 13 of the Award (read in conjunction with clause 28 and 31 of this EDA)' is deleted and 'clause 40 of the Agreement' is inserted.

In clause 13.3, after 'the Award,' add 'or the Agreement'.

In clause 13.9, 'the Grievance Handling Procedure contained in clause 26 of the Award' is deleted and 'clause 22 of the Agreement' is inserted.

Clause 19, Alternative methods of taking sick leave

-

Clause 20.1, Alternative methods of taking annual leave

Delete clause 20.1(b), dot point four.

Clause 23, Minimum increase on promotion

-

Clause 24, Remuneration Packaging

In clause 24.2.2 the list of clauses after the first colon is deleted and the following is inserted:

111

Incorporated Term Amendments to the clause

Clause number Clause title

Clause 42 of the Agreement Time Away Days

Clause 10.3 in the award Breaks between the work of one day and the next

Clause 45.1 to 45.8 in the Agreement

Meal allowance

Clauses 45.15 to 45.20 in the Agreement

Stand-by allowance

Clause 40 in the Agreement Overtime

Clause 34.4 in the Agreement Part time extra hours

Clauses 8.6, 10.2, 10.3.4, 13.5 and 14.1 in the award and clauses 43.11 to 43.15 in the Agreement

Shift work

Clause 45.32 to 45.35 in the Agreement

Travelling time allowance

In clause 24.2.2 the list of clauses after the second colon is deleted and the following is inserted:

Clause number Clause title

Clause 34.4 in the Agreement Part time extra hours

Clause 30 in the Agreement Weekend rates of pay

Clause 40 in the Agreement Overtime

Clause 42 in the Agreement Time Away Days

Clause 25, Overtime records

-

Clause 26, Redundancy and redeployment

This clause is incorporated as amended by clause 47 of the Agreement.

Clause 27, Safety in travelling to and from work

-

Clause 33, Long Service Leave

-

Clause 34, Bereavement Leave

In clause 34.1 and clause 34.2, 'family member' is deleted and 'immediate family member' is inserted.

In clause 34.2, after 'Western Australia' insert 'but within Australia'.

Clause 35, Removal Allowance and Expense

'Clause 16.7 of the Award' is deleted and 'clause 45.26 to 45.31' of this Agreement' is inserted.

Clause 36, Job Sharing

-

Clause 37, Miscellaneous

-

Appendix 1, Redundancy

This clause is incorporated as amended by clause 47 of the Agreement.

112

Incorporated Term Amendments to the clause

and Redeployment

From the Payment Commencement Date, delete that part of the sentence in clause 4.8.1 beginning 'plus any loadings for each completed year' and ending 'clause 20.2.2'.

In clause 5(iii)(b), 'Dispute Settlement (clause 8)' is deleted and 'clause 22 of this Agreement' is inserted.

Appendix 4, Banking Centres

In clause 1, 'in the Award or the appropriate EDA' is deleted and 'this Agreement' is inserted.

In clauses 2 and 4, 'clause 9 of the Award' is deleted and 'clause 35 of this Agreement' is inserted.

In clause 5, 'the Award and the EDA' is deleted and 'this Agreement' is inserted.

In clause 6, 'clause 24 of the EDA' is deleted and 'clause 8.7 of the Westpac Award as incorporated' is inserted.

In the table in clause 6:

'15.1.4 of the Award for one of these days) set out in clauses 15.1.1 and 15.1.6 of the Award' is deleted and '43.3 of this Agreement for one of these days set out in clauses 43.2(a) and 43.5 of this Agreement)' is inserted

'15.1.4 of the Award for one of these holidays) set out in clauses 15.1.2 and 15.1.3 of the Award' is deleted and replaced with '43.3 of this Agreement for one of these days set out in clauses 43.2(b) and 43.2(c) of this Agreement' is inserted

In clause 7:

'in this EDA' is deleted and 'in this Agreement' is inserted

'the Award and EDA' is deleted and 'in this Agreement' is inserted

Appendix 5, Salary sacrifice

In clause 1.3(d)(i)(F) 'clauses 9.1.5(c)(iii), 9.1.5(d) or 9.1.5(e) of the Award, or cashed out pursuant to clause 9.1.6 of the Award' is deleted and 'clauses 42.5(c), 42.6, 42.7 of this Agreement, or cashed out pursuant to clause 42.8 of this Agreement' is inserted.

In clause 1.3(d)(i)(H), '29.3 of this EDA' is deleted and '34.4 of this Agreement' is inserted.

In clause 1.3(d)(i)(I), 'clause 16.8 of the Award' is deleted and 'clauses 45.32 to 45.35 of this Agreement' is inserted.

From the Payment Commencement Date, delete clause 1.3(d)(i)(I).

Clause 1.3(d)(i)(J) is deleted.

Subpart (11) – Bank of Melbourne (ie, the former Bank of Melbourne business which is not part of the St.George Banking Group)

60.33 This Subpart applies to Employees who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Bank of Melbourne Enterprise Development Agreement 2002.

60.34 The terms of the Westpac Award are incorporated into this Agreement as set out in clause 60.4.

60.35 Subject to clauses 4.5 and 59, the following terms of the Bank of Melbourne EDA are incorporated into this Agreement with the amendments set out in the table below:

113

Incorporated Term Amendments to the clause

Clause 1.1, Coverage and parties bound

-

Clause 2.5.7, Safety in travelling to and from work

-

Clause 2.6, paragraph 3, Support for Part-time Staff Members

-

Clause 3.5, Employment of Specialists

In clause 3.5.1, 'details of which EDA and Award' is replaced with 'details of which EDA, Award or Agreement'

In clause 3.5.3, 'the minimum Award rate of the M1 grade' is deleted and 'the rate for the M1 grade in the Transitional Westpac APCS as amended from time to time (currently $58,72455,569)' is inserted.

In clause 3.5.6, the references to 'in this EDA' are deleted and 'in the Transitional Westpac APCS' is inserted.

Clause 3.10, Minimum Increase on Promotion

In this clause, 'clause 3.4 of this EDA' is deleted and 'clause 8.7 of the Westpac Award (as incorporated into this Agreement)' is inserted.

Clause 4.1.1 – 4.1.4(a) and (b), What are your annual leave entitlements?

Delete clause 4.1.4(b), dot point four.

Clause 4.2, What are your sick leave entitlements?

In clause 4.2.2:

'15.2' is deleted and '22.8' is inserted

'76' is deleted and '91.2' inserted

insert a sentence at the end of the clause 'The increase to the quantum of personal/carer's leave provided for in this clause from the Commencement Date will not be operational until a date determined by the Employer (which will be as soon as practicable after the Commencement Date) at which time additional personal/carer's leave accrued pursuant to the changes to this clause will be

backdated to the Commencement Date.'.

In clause 4.2.2, 'Sick leave will accumulate to a maximum of 1976 hours for full time staff members, pro rated for part time staff members.' is deleted.

Clause 4.2.3 is deleted.

Clause 4.3, What are you long service leave entitlements?

In the introduction, 'Westpac Employees' Award 1998' is deleted and 'Westpac Employees' Award 2002' is inserted.

Clause 4.5, What are your

In the first paragraph and clause 4.5.1, 'family member' is deleted and 'immediate family member' is inserted.

114

Incorporated Term Amendments to the clause

bereavement leave entitlements?

Delete clause 4.5.2, first paragraph (ie, from 'The purpose of' to 'grandchild.').

Delete clause 4.5.2, second paragraph, first dot point (ie, from 'outside Australia' to 'Australia to attend the funeral;').

Clause 5.1, Staffing

In clause 5.1.2, after 'this EDA' insert 'or the Agreement'.

In clause 5.1.3, after 'EDA and the Award' insert 'and the Agreement'.

In clause 5.1.5, 'clause 2.5 of this EDA' is deleted and 'clause 40 of the Agreement' is inserted.

In clause 5.1.9, delete the last sentence and insert 'If the issue remains unresolved you may raise a concern under clause 22 of this Agreement'.

Clause 5.4, Occupational Health and Safety

'1985' is deleted and '2004' is inserted.

Clause 5.5, Workers' Compensation Make-up Pay

-

Clause 5.6. Redundancy, redeployment and retrenchment

This clause is incorporated as amended by clause 47 of the Agreement.

Clause 5.10, Repatriation

-

Clause 5.11, Statement of Employment

-

Schedule A, BME Banking Centres

In clause 1:

'in the EDA' is deleted and 'this Agreement' is inserted

the references to 'Clause 3.4.1 of the EDA' is deleted and clause 8.7 of the Westpac Award as incorporated' is inserted

In clauses 2, 4, and 5 'Part 2 of this EDA' is deleted and 'clause 35 of this Agreement' is inserted.

In clause 4, 'Flexible Time Off' is deleted and 'Time Away Day' is inserted.

In clause 5.1.1, 'Flexible Time Off in accordance with clause 2.3.3 of Part 2 of the EDA' is deleted and 'Time Away Days in accordance with this Agreement' is inserted.

In clause 6:

'Clause 2.8 of this EDA' is deleted and 'clause 32 of this Agreement' is inserted

'clause 3.4.1 of this EDA' is deleted and '8.7 of the Westpac Award' is inserted

In clause 7, 'of this EDA' is deleted and 'in this Agreement' is inserted.

Schedule B, Redundancy

This clause is incorporated as amended by clause 47 of the Agreement.

115

Incorporated Term Amendments to the clause

and Redeployment

From the Payment Commencement Date, delete that part of the sentence in clause 4.8.1 beginning 'plus any loadings for each completed year' and ending 'clause 20.2.2'.

In clause 5(iii)(b) 'Dispute Settlement (clause 8)' is deleted and 'clause 22 of this Agreement' is inserted.

Schedule C, Salary sacrifice

From the Payment Commencement Date delete clause 1.3(d)(i)(E).

In clause 1.3(d)(i)(F), 'Flexible Part Time Off not taken or cashed out pursuant to clause 2.3.3 of this EDA' is deleted and 'Time Away Days not taken or cashed out pursuant to clause 42 of this Agreement' is inserted.

In clause 1.3(d)(i)(G):

'proof allowance payable' is deleted

'clause 2.8 of this EDA' is deleted and 'clause 32 of this Agreement' is inserted

In clause 1.3(d)(i)(H), '2.5.4 of this EDA' is deleted and ' 33.5 and 33.6 of this Agreement' is inserted.

In clause 1.3(d)(i)(I), 'clause 16.8.1 of the Award' is deleted and 'clauses 45.32 to 45.35 of this Agreement' is inserted.

In clause 1.3(f), '[note: BME has no equivalent of clause 24.29g). Clause 3.8 of this EDA does deal with relief but does not seem to conflict with this clause – I think they can be read together. Can we discuss Clause]' is deleted.

Glossary of terms

Incorporated to the extent the terms are used in the clauses incorporated in this table.

PART B – ST.GEORGE 2007 HERITAGE EMPLOYEES

60.36 This Section 4, Part B applies to Employees employed by Westpac Banking

Corporation as provided for in clause 4.4.

60.37 Subject to clauses 4.5 and 59, the following terms of the St.George Enterprise Agreement 2007 are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clause 3, Definitions Incorporated to the extent the terms are used in the clauses incorporated in this table.

'Commission' is deleted and 'FWA' is inserted.

In the definition of 'St.George', 'St.George Bank Limited' is deleted and 'Westpac Banking Corporation (ACN 007 457 141)' is inserted.

Clause 4, Parties Bound and Relationship to Award

In clause 4.1, 'St.George Bank Limited (ABN 92 055 513 070)' is deleted and 'Westpac Banking Corporation (ACN 007 457 141)' is inserted.

Clause 5, Coverage of Agreement In clause 5.2(a):

'clause 24' is deleted and 'clause 51 of this Agreement (i.e. The Westpac Group Enterprise Agreement 2013)' is inserted

from the Payment Commencement Date,

116

Incorporated Term Amendments to the clause

delete 'Annual Leave Loading clause 41.3' Clause 7, Anti-discrimination and Equal Employment Opportunity

In clause 7.1, delete 'achieve the principal object in section 3(m) of the Act which is to'.

In clause 7.2, '15, Dispute Settlement Procedure' is deleted and '22 in this Agreement (i.e. The Westpac Group Enterprise Agreement 2013)' is inserted.

In clause 7.3(c), 'Regulation 8.6(2) of the Act' is deleted and 'section 195(2) and (3) of the Fair Work Act' is inserted.

Clause 9, Information Sharing -

Clause 10, Staffing In clause 10.12, 'clause 8' is deleted and 'clause 21 of this Agreement (i.e. the Westpac Group Enterprise Agreement 2013)' is inserted.

Clause 11, Training In clause 11.9, '15, Dispute Settlement Procedure' is deleted and '22 of this Agreement (i.e. The Westpac Group Enterprise Agreement 2013)' is inserted.

Clause 12, Performance Assessment

-

Clause 13, Dependent Care -

Clause 16, Employment Categories -

Clause 17, Full-time Employment -

Clause 18, Probationary Employment

-

Clause 19, Part-time Employment -

Clause 20, Casual Employment -

Clause 21, Changing Type of Employment

-

Clause 22, Job sharing -

Clause 23, Payment of Salary -

Clause 24.3, Adjustment to Allowances

Clause 25, Changing from Non-packaged to Packaged

-

Clause 28, Salary Sacrifice -

Clause 29, Higher Duties -

Clause 30, Minimum Increase on Promotion

-

Clause 31, Job Evaluation In clause 31.5(c), 'clause 15, Dispute Settlement Procedure and proceed directly to clause 15.1(d) of that clause' is deleted and 'clause 22 of this Agreement (i.e. The Westpac Group Enterprise Agreement 2013) and proceed directly to step 3'.

Clause 34, Reimbursement for Travelling and Temporary Duties and BankSA Allowances

-

Clause 35.1, Pay Equity -

Clause 36, Hours of Work In step 5 of clause 36.7 and 36.7(d), references to 'clause 15, Dispute Settlement Procedure' are deleted and 'clause 22 of this

117

Incorporated Term Amendments to the clause

Agreement (i.e. The Westpac Group Enterprise Agreement 2013)' is inserted.

Clause 37, Meal Breaks -

Clause 38, Rest Breaks -

Clause 39, Overtime -

Clause 40, Recall to Duty and Stand-by

-

Clause 41, Annual Leave From the Payment Commencement Date:

delete 'and loading upon termination' in clause 41.9

delete clause 41.3

delete clause 41.9(c) and (d) Delete clauses 41.4(a)(iv) and (v).

Clause 42, Personal/Carer's Leave In clause 42.1, delete definition of 'Immediate family'.

Delete clause 42.3(b).

Delete clause 42.7.

Delete clause 42.8.

In clause 42.11(a), '42.8' is deleted and '13.3 of this Agreement' is inserted.

Clause 43, Compassionate Leave In clause 43.1, 'and Immediate Family' and 'have' is deleted and 'has' is inserted.

Delete clause 43.2(b).

In clause 43.3, the second paragraph is deleted (ie, the sentence from 'Where leave' to 'annual leave.').

Clause 44, Long Service Leave -

Clause 46, Jury Duty Leave -

Clause 47, Leave Without Pay In clause 47.4, 'clause 8, Introduction of Major Changes in the Workplace' is deleted and 'clause 21 of this Agreement (i.e. The Westpac Group Enterprise Agreement 2013)' is inserted.

Clause 48, Public Holidays Delete clause 48.1(2) and insert a new clause 48.1(b): 'For the purpose of clause 48.1(2), a Flexible Bank Holiday is: '(a) in relation to New South Wales, the first Monday in August or, if an Employee elects to work on the first Monday in August, an alternative day of holiday is taken at a time agreed between St.George and the Employee (which may be prior to the first Monday in August). However, if an Employee takes an agreed alternative day off, but subsequently does not work on the first Monday in August, the Employee's absence on the first Monday in August will be a day of unpaid leave (unless

118

Incorporated Term Amendments to the clause

the Employee is entitled to paid personal, long service or annual leave); (b) in Queensland and the ACT, a day taken at a time agreed between St.George and an Employee.'

Clause 49, Termination of Employment

-

Clause 50, Redundancy, redeployment and retrenchment

In clause 50.2(b), 'clause 8, Introduction of Major Changes' is deleted and 'clause 21 of this Agreement (i.e. The Westpac Group Enterprise Agreement 2013)' is inserted.

In clause 50.5(b)(ix)(5) and 50.5(c)(vi), 'clause 24, Salary Rates' is deleted and 'clause 51 of this Agreement (i.e. The Westpac Group Enterprise Agreement 2013)' is inserted.

In clause 50.9(a)(i), from the Payment Commencement Date delete 'plus any annual leave loading which would otherwise have been paid on that leave'.

Clause 51, Occupational health and safety

-

Clause 52, Corporate Wardrobe -

Clause 53, Workers' Compensation Make-up Pay

-

Clause 54, St.George/FSU Relationship

-

Appendix A, Shift Work In clause 3.1, '29' is deleted and '25' is inserted.

In clauses 8.2(c)(iii) and 10.4(d), 'clause 15, Dispute Settlement Procedure of the Agreement' is deleted and 'clause 22 of this Agreement (i.e. The Westpac Group Enterprise Agreement 2013)' is inserted.

In clause 10.3, '23.3' is deleted and '19' is inserted.

In clause 11.9, '43' is deleted and '39' is inserted.

In clause 13.1, '51' is deleted and '48' is inserted.

From the Payment Commencement Date, delete clause 15.1(d).

In clause 15.1(g), '46' is deleted and '41' is inserted.

In clause 15.2(a):

'46' is deleted and '42' is inserted

'45.3' is deleted and '42.3' is inserted In clause 17.1, '44' is deleted and '40' is inserted.

In clause 17.2, '39.8' is deleted and '40.8' is inserted.

119

PART C – EMPLOYEES OF BT

60.38 This Section 4, Part C applies to Employees employed by BT as provided for in clause

4.4.

Subpart (1)

60.39 This Subpart applies to Employees employed by BT who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the BT Financial Group Pty Limited Employees Agreement 2003.

60.40 Subject to clauses 4.5 and 59, the following terms of the BT Agreement are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clause 1, Terms Used in This Agreement

Incorporated to the extent the terms are used in the clauses incorporated in this table.

Delete the definition of 'immediate family member'.

Clause 2.1, Parties -

Clause 2.3, Operation and Coverage -

Clause 3, Employment Relationship In clause 3.1 and 3.2, 'this agreement' is deleted and 'this Agreement (i.e. the Westpac Group Enterprise Agreement 2013' is inserted.

In clause 3.2(e):

delete 'Clause 4.1 Review Process, Clause 4.2 Pay Positioning Tool and Clause 4.3 Pay Decision Matrix' (at third dot point)

from the Payment Commencement Date, delete 'Clause 4.7 Increase In Lieu of Annual Leave Loading' (at fifth dot point)

- in the second last dot point, 'and Clause 6.6 Parental Leave' is deleted

Clause 4.4, Minimum Remuneration Review

In clause 4.4:

'$30,200' is deleted and '$39,446' is inserted.

after per annum insert 'or such higher applicable rate under the classification in clause 13 of the Modern Banking Award at Variation that would apply to you'.

Clause 4.5, Payment of Salaries -

Clause 4.6, Make Up Pay Under Your Workers Compensation Entitlements

-

Clause 4.7, Annual Leave Loading In clause 4.7:

delete the first paragraph

from the Payment Commencement Date, delete the second paragraph and third paragraph

Clause 4.8, Salary Sacrifice -

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Incorporated Term Amendments to the clause

Clause 5, Hours of Work -In clause 5.2, delete the paragraph under the heading 'Meal allowance'

In clause 5.3, delete the paragraphs under the headings 'Meal break and 'Meal allowance for overtime'

Clauses 6.1 – 6.5 and 6.7, Taking Leave and Holidays

In clause 6.2:

'eight' is deleted and 'twelve' is inserted

'10' is deleted and 'twelve' is inserted

- the 'Accumulated sick leave', 'Notification' and 'Medical evidence' clauses are deleted

at the end of the clause 'At least 8 days per year' insert: 'The increase to the quantum of personal/carer's leave provided for in this clause from the Commencement Date will not be operational until a date determined by the Employer (which will be as soon as practicable after the Commencement Date) at which time additional personal/carer's leave accrued pursuant to the changes to this clause will be backdated to the Commencement Date.'

In clause 6.3:

'member of your immediate family' is deleted and 'immediate family member' is inserted

the 'Medical evidence' clause is deleted

In clause 6.4, 'a member of your immediate family' is deleted and 'an immediate family member' is inserted.

In clause 6.5:, delete the sentence under the heading

'At least 20 days/year' and insert 'You will progressively accrue 20 days' annual leave for each year of employment. If you are a shift worker you will progressively accrue an additional 5 days' annual leave for each year of employment.'

delete the second paragraph under the heading 'Leave management'.

Clause 7, Ending Employment In clause 7.2 under the heading 'Your notice' delete 'two weeks notice' and insert 'one week's notice if you have less than one year's continuous service and two week's notice thereafter'.-

Clause 8, Transmission of Business -

121

60.41 Subject to clauses 4.5 and 59,the following terms of the Modern Banking Award at Variation are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clause 3, Definitions and interpretation

Incorporated to the extent the terms are used in the clauses incorporated in this table.

Clause 10.2(c) -

Clause 11.3, Job Search Entitlement -

Clause 12.4, Job Search Entitlement -

Clause 14, Annualised Salaries

In clause 14.1(a), delete clauses (i) – (iv) and insert: '(i) Minimum remuneration – under clause 4.4 of the BT Agreement as incorporated in clause 60.40; (ii) Allowances – under clause 18 of the Modern Banking Award at Variation as incorporated in this clause 60.41.'

Clause 18, Allowances Delete clause 18.3.

Clause 22.3, Span of Hours -

Clause 22.4, Meal and rest breaks Delete the first two sentences.

Clause 22.8(d) and (g), Shiftwork In clause 22.8(d), delete the first sentence and insert 'Meal breaks will be of 30 minutes duration with 20 minutes paid as if worked.'

Clause 23.1, Overtime and penalty rates

At the beginning of the paragraph insert: 'For the purposes of clause 18.2(b) only,'.

Clause 23.2, Overtime and Penalty Rates

-

60.42 Subject to clauses 4.5 and 59, the following reconciliation will be undertaken for the

purposes of the better off overall test:

(a) the Employer will, for each 12 month period (or part thereof if an Employee's employment terminates for any reason) from the Variation Commencement Date, ensure that an Employee covered by this Subpart receives wages and employment related benefits which are overall better than the payments the Employee would have been entitled to if they had been paid in accordance with the minimum entitlements in the Modern Banking Award at Variation; and

(b) in determining whether there is any payment required to be made to an Employee in the relevant 12 month period (or part thereof), the Employer will take into account the work performed by the Employee during the period and the wages and other employment related benefits the Employee has received, including but not limited to:

(i) the remuneration paid to the Employee for ordinary hours worked;

(ii) any overtime, penalties or loadings paid to the Employee;

(iii) any bonuses, allowances or other payments paid to the Employee; and

122

(iv) the value of any non monetary benefits provided to the Employee as part of their remuneration such as salary sacrifice amounts.

Subpart (2)

60.43 This Subpart applies to Employees employed by BT who are performing work which, if performed immediately prior to:

(a) 24 September 2010, would not have been covered by the BT Financial Group Pty Limited Employees Agreement 2003 but would have been covered by the BT Financial Group Award 1999. ; and

60.41(b) the Variation Commencement Date, would have been covered by the Banking, Finance and Insurance Award 2010.

60.44 The terms of the Modern Banking Award at Application are incorporated into this Agreement as set out in clause 60.53.

60.42 Subject to clauses 4.5 and 59, the following terms of the BT Award are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clause 3, Parties Bound and Scope -

Clause 4, Exemption -

Clause 6, Contract of Employment In clause 6.3.3.1:

'19. Parental leave' is deleted and 'clause 10 of this Agreement' is inserted

'27. Enterprise flexibility provision' is deleted.

Delete clause 6.3.3.2, and insert '6.3.3.2 An casual employee will be eligible to parental leave if they are an 'eligible casual Employee' as defined in clause 10.2 of this Agreement.'

In clause 6.3.3.3(a), '17.5 and 17.6' is deleted and 'clauses 13.2 and 13.3 of this Agreement' is inserted.

Clause 7, Part-time Employment -

Clause 8, Anti-discrimination In clause 8.1, 'achieve the principal object in section 3(j) of the Workplace Relations Act 1996 through respecting and valuing' is deleted and 'respect and value' is inserted.

In clause 8.3.4, 'section 170CK(3) and (4) of the Act' is deleted and 'sections 772(2) of the Fair Work Act 2009' is inserted.

Clause 9, Redundancy Clause 9.3 is deleted.

Clause 10, Termination of Employment

-

Clause 11, Hours of Work -

Clause 12, Overtime -

Clause 13, Meal Breaks -

Clause 14, Rest Period -

123

Incorporated Term Amendments to the clause

Clause 15, Shift Work -

Clause 16, Public Holidays -

Clause 17, Personal Leave Delete clause 17.1.

Delete 17.2.2 (including 17.2.2(a) and 17.2.2(b)), and insert: 'Employees, other than casual employees, are entitled to 12 days' personal/carer's leave each year. The increase to the quantum of personal/carer's leave provided for in this clause from the Commencement Date will not be operational until a date determined by the Employer (which will be as soon as practicable after the Commencement Date) at which time additional personal/carer's leave accrued pursuant to the changes to this clause will be backdated to the Commencement Date.'

Clause 17.5 is deleted.

Clause 17.6 is deleted.

In clause 17.7, '17.5 and 17.6' is deleted and 'clauses 13.2 and 13.3 of this Agreement' is inserted.

Clause 17A, Bereavement Leave -Delete clause 17A.1.2.

Clause 18, Annual Leave Delete clause 18.2.1.

From the Payment Commencement Date:

delete ', plus a loading of 17.5 per cent on that rate of pay' in clause 18.3

delete clause 18.5

Delete clause 18.7.

Clause 20, Long Service Leave -

Clause 21, Minimum Wages In clause 21.1, delete the list after the colon and insert:

Age Rate

At 18 or less 70% of the rate in clause 21.2

Under 21 90% of the rate in clause 21.2

In clause 21.2:

'fortnightly' is deleted and 'annual' is inserted

'$1068.00' is deleted and replaced with '$32,950.82'

'$1136.00' is deleted and replaced with '$34,839.18' at the end of the clause insert 'These rates will be increased in accordance with the Federal annual wage review.'

124

Incorporated Term Amendments to the clause

After 1996 insert 'or under a similar provision of the Fair Work Act 2009'.

Clause 21A, Federal Minimum Wage -

Clause 22, Payment of Wages -

Clause 23, Meal Money -

Clause 24, Workers' Compensation Make-up Pay

-

Clause 25, Supported Wage System In clause 25.1.1, 'Supported Wage System: Guidelines and Assessment Process' is deleted and 'Supported Wage System Handbook, July 2012' is inserted.

In clause 25.9.3, '$62' is deleted and '$76' is inserted.

Clause 26, Relationship to National Training Award

-

Clause 28, Award Availability -

Clause 30, Calculation of Service -

Subpart (3)

60.45 This Subpart applies to Employees employed by BT who are performing work which, if performed immediately prior to the Variation Commencement Date, would not have been covered by the BT Financial Group Pty Limited Employees Agreement 2003 or the Banking, Finance and Insurance Industry Award 2010.

60.46 Employees within clause 60.45 are only covered by Sections 1 and 2 of this Agreement.

PART D – EMPLOYEES OF ASGARD

60.4360.47 This Section 4, Part D applies to Employees employed by Asgard as provided

for in clause 4.4.

Subpart (1)

60.4460.48 This Subpart applies to Employees employed by Asgard who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the SEALCORP Employees Award 2003.

60.4560.49 Subject to clauses 4.5 and 59, the following terms of the SEALCORP Award are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clause 3, Definitions Incorporated to the extent the terms are used in the clauses incorporated in this table

In clause 3.1, 'Commission' is deleted and 'FWA' is inserted.

In clause 3.8, 'SEALCORP Holdings Limited' is deleted and 'Asgard Wealth Solutions Limited' is inserted.

Clause 5, Scope and parties bound In clause 5.1, 'SEALCORP Holdings

125

Incorporated Term Amendments to the clause

Limited' is deleted and 'Asgard Wealth Solutions Limited' is inserted.

Clause 6, Exemptions In clause 6.2:

, 'Annual leave loading' is deleted from the Payment Commencement Date.

after 'Wages' insert 'First aid allowance' and 'Rest breaks'..

In clause 6.4, after 'Meal breaks' insert 'First aid allowance' and 'Rest breaks'.

Clause 9, Forms of employment In clause 9.4.3:

delete '37.3' and insert '37.5'

delete '20%' and insert '25%' In clause 9.4.4:

'An "eligible casual employee"' is deleted and 'An "eligible casual Employee" as defined in clause 10.2 of this Agreement.'

'clause 23 of this Award' is deleted and 'clause 10 of this Agreement' is inserted

In clause 9.4.5(a), '19.6 and 19.7' is deleted and 'clauses 13.2 and 13.3 of this Agreement' is inserted.

Clause 10, Anti-discrimination In clause 10.1, 'achieve the principal object in section 3(j) of the Workplace Relations Act 1996 through respecting and valuing' is deleted and 'respect and value' is inserted.

In clause 10.2, '8 – Dispute settlement procedure' is deleted and '22 of this Agreement' is inserted.

In clause 10.3.2, 'section 170CK(3) and (4) of the Act' is deleted and '772(2) of the Fair Work Act 2009' is inserted.

Clause 11, Supported wage system In clause 11.1.1, 'Supported Wage System: Guidelines and Assessment Process' is deleted and 'Supported Wage System Handbook, July 2012' is inserted.

In clause 11.3.2 and 11.9.3, '$62' is deleted and '$7680' is inserted.

Clause 12, Wages In clause 12.2.1:,

'$30,133' is deleted and '$36,188.81' is inserted.

after per annum insert 'or such higher applicable rate under the classification in clause 13 of the Modern Banking Award at Variation that would apply to the employee'.

Delete second clause 12.2.1

Clause 12A, Federal Minimum Wage In clause 12A.2.1, '$484.40 per week' is deleted and '$632.25606.40' is inserted.

Clause 13, Allowances In clause 13.4.1(a), delete '$12.27' and insert '$15.31.' -

126

Incorporated Term Amendments to the clause

In clause 13.4.1(b), delete '$12.27' and insert '$12.59.

In clause 13.5.1(a), delete '$15.00' and insert '$15.82'.

In clause 13.5.1(b), delete $30.35' and insert '$32.31'.

In clause 13.6.2, deleted '$124.24' and insert '$125.65'.

In clause 13.6.3, delete '52.0', '62.0' and '63.0' and insert '78' for each.

Clause 14, Superannuation In clause 14.3.1, after 'Plan' insert '(provided that it offers a MySuper product or otherwise satisfies the requirements of section 194 of the Act)'.-

Clause 15, Hours of work In clause 15.3.3, '8 – Dispute settlement procedure' is deleted and 'clause 22 of this Agreement' is inserted.

In clause 15.2.6(b) '8 – Dispute settlement procedure' is deleted and 'clause 22 of this Agreement' is inserted.

In clause 15.4.5, '8 – Dispute Settlement Procedure' is deleted and '22 of this Agreement' is inserted.

Clause 16, Overtime -

Clause 17, Shift work -

Clause 18, Annual leave In clause 18.1.1, delete the first sentence and insert 'Employees will progressively accrue 20 days' annual leave for each year of employment. Employees performing continuous shift work will progressively accrue an additional 5 days' annual leave for each year of employment. For the purpose of this clause, 'continuous shift work' means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except during emergencies or meal breaks or due to unavoidable causes beyond the control of the Employer.'

In clause 18.1.2, from the Payment Commencement Date, 'Subject to 18.2, payment' is deleted and 'Payment' is inserted.

From the Payment Commencement Date, delete clauses 18.2, 18.8.2 and 18.8.3.

Delete clause 18.3.

Clause 19, Personal leave Delete clause 19.1.1

In clause 19.2.3(a) 'ten' is deleted and 'twelve' is inserted.

127

Incorporated Term Amendments to the clause

At the end of clause 19.2.3, insert: 'The increase to the quantum of personal/carer's leave provided for in this clause from the Commencement Date will not be operational until a date determined by the Employer (which will be as soon as practicable after the Commencement Date) at which time additional personal/carer's leave accrued pursuant to the changes to this clause will be backdated to the Commencement Date.'

Delete clause 19.6.

Delete clause 19.7.

In clause 19.8, '19.6 and 19.7' is deleted and 'clauses 13.2 and 13.3 of this Agreement' is inserted.

Clause 19A, Bereavement leave Delete clause 19A.1.2.

Clause 20, Jury service -

Clause 21, Long service leave -

Clause 22, Effect of unpaid leave on accruals

-

Clause 24, Public holidays -

Clause 25, Termination of Employment

-

Clause 26, Workers' compensation make up pay

-

60.50 Subject to clauses 4.5 and 59, the following terms of the Modern Banking Award at Variation are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clause 3, Definitions and interpretation

Incorporated to the extent the terms are used in the clauses incorporated in this table.

Clause 14, Annualised Salaries

In clause 14.1(a), delete clauses (i) – (iv) and insert: '(i) Wages – under clause 12 of the SEALCORP Award as incorporated in clause 60.49; (ii) Allowances – under clause 13 of the SEALCORP Award as incorporated in clause 60.49 and clause 18.2(a) of the Modern Banking Award at Variation as incorporated in this table.'

Clause 18.2(a), First aid allowance -

Clause 22.4, Meal and rest breaks Delete the first two sentences.

Clause 23.2, Overtime and penalty breaks

-

128

60.51 The reconciliation clause set out in clause 60.42, will also apply to Employees covered by this Subpart.

Subpart (2)

60.4660.52 This Subpart applies to Employees employed by Asgard who are performing work which, if performed immediately prior to 24 September 2010, would not have been covered by the SEALCORP Employees Award 2003 but would have been covered by the Banking, Finance and Insurance Industry Award 2010.

60.4760.53 Subject to clauses 4.5 and 59, the following terms of the Modern Banking Award are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clause 2, Commencement and transitional -

Clause 3, Definitions and Interpretations Incorporated to the extent the terms are used in the clauses incorporated in this table

Clause 4, Coverage -

Clause 5, Access to the award and the National Employment Standards

-

Clause 6, The National Employment Standards and this award

-

Clause 10, Types of employment -

Clause 11, Termination of Employment -

Clause 12, Redundancy -

Clause 13, Classifications and Minimum Wage Rates

-

Clause 14, Annualised Salaries -

Clause 15, School-based Apprentices -

Clause 16, National Training Wage -

Clause 17, Supported Wage System -

Clause 18, Allowances -

Clause 19, Accident Pay

Clause 20, Payment of Wages -

Clause 21, Superannuation -

Clause 22, Ordinary Hours of Work -

Clause 23, Overtime and penalty rates -

Clause 24, Annual leave From the Payment Commencement Date, delete clause 24.3.

Delete clause 24.5.

Clause 25, Personal/carer's leave and compassionate leave

At the end of clause 25, insert 'except that:

clauses 13.2 and 13.3 of this Agreement, will prevail over the NES, subject to applicable law

any reference to 'member of the employee's immediate family' in the NES is a reference to the definition of 'immediate family member' as that term is defined in Section 2 of this Agreement

129

Incorporated Term Amendments to the clause

any reference to '10 days of paid personal/carer's leave' in the NES is replaced with '12 days of paid personal/carer's leave'

Clause 26, Community service leave -

Clause 27, Public holidays -

Schedule A, Transitional Provisions -

Schedule B, Classification structure -

Schedule C, School-based apprentices -

Schedule D, Supported wage system -

Schedule E, National Training Wage -

Subpart (3)

60.4860.54 This Subpart applies to Employees employed by Asgard who are performing work which, if performed immediately prior to 24 September 2010, would not have been covered by the SEALCORP Employees Award 2003 or the Banking, Finance and Insurance Industry Award 2010.

60.4960.55 Employees within clause 60.5460.48 are only covered by Sections 1 and 2 of this Agreement.

Part E – EMPLOYEES OF WFCL

60.5060.56 This Section 4, Part E applies to Employees employed by WFCL as provided

for in clause 4.4.

Subpart (1)

60.5160.57 This Subpart applies to Employees employed by WFCL who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Banking, Finance and Insurance Industry Award 2010.

60.5260.58 The terms of the Modern Banking Award are incorporated into this Agreement as set out in clause 60.47 60.53, except that clause 21 of the Modern Banking Award is not incorporated.

Subpart (2)

60.5360.59 This Subpart applies to Employees employed by WFCL who are performing work which, if performed immediately prior to 24 September 2010, would not have been covered by Banking, Finance and Insurance Industry Award 2010.

60.5460.60 Employees within clause 60.53 60.59 are only covered by Sections 1 and 2 of this Agreement.

Part F – EMPLOYEES OF WGIS

60.5560.61 This Section 4, Part F applies to Employees employed by WGIS as provided for

in clause 4.4.

Subpart (1)

130

60.5660.62 This Subpart applies to Employees employed by WGIS who are performing work which, if performed immediately prior to 24 September 2010, would have been covered by the Banking, Finance and Insurance Industry Award 2010.

60.5760.63 The terms of the Modern Banking Award are incorporated into this Agreement as set out in clause 60.47 60.53, except that clause 21 of the Modern Banking Award is not incorporated.

Subpart (2)

60.5860.64 This Subpart applies to Employees employed by WGIS who are performing work which, if performed immediately prior to 24 September 2010, would not have been covered by Banking, Finance and Insurance Industry Award 2010.

60.5960.65 Employees within clause 60.58 60.64 are only covered by Sections 1 and 2 of this Agreement.

Part G – ST.GEORGE BANKING GROUP EMPLOYEES, ST.GEORGE CCC EMPLOYEES AND ST.GEORGE 2010 HERITAGE EMPLOYEES

60.6060.66 This Section 4, Part G applies to Employees employed by Westpac Banking

Corporation as provided for in clause 4.4.

60.6160.67 Subject to clauses 4.5 and 59, the following terms of the St.George Enterprise Agreement 2010 are incorporated into this Agreement with the amendments set out in the table below:

Incorporated Term Amendments to the clause

Clause 3, Definitions Incorporated to the extent the terms are used in the clauses incorporated in this table.

In clause 3.1(c), the definition of 'Commencement Date' is deleted.

In clause 3.1(h), 'the Commencement Date' is deleted and '1 January 2011' is inserted.

In clause 3.1(l), the last sentence is deleted.

In clauses 3.1(u) and 3.1(v), insert ', Bank of Melbourne' after 'provided under the St.George'.

In clause 3.1(bb), 'Commencement Date' is deleted and 'Application Date (as that term is defined in the Westpac Group Enterprise Agreement 2013)' is inserted.

Delete clause 3.1(cc)

Clause 4, Parties Bound and Coverage -

Clause 6, Application In clause 6.2(a):

'clause 29' is deleted and 'clauses 52 to 54 of this Agreement' is inserted

references to '2012' are deleted and '2014' is inserted

131

Incorporated Term Amendments to the clause

Clause 10, Anti-Discrimination and Equal Employment Opportunity

-

Clause 13, Information Sharing In clauses 13.1 and 13.5, after 'this Agreement' add '(i.e., the Westpac Group Enterprise Agreement 2013)'.

Clause 15, Staffing In clause 15.13, 'clause 12, Introduction of Major Change in the Workplace' is deleted and 'clause 21 of the Westpac Group Enterprise Agreement 2013' is inserted.

Clause 16, Training -

Clause 17, Performance Assessment In clause 17.1, after 'the performance objectives are mutually agreed' insert '(subject to clause 17.5)'.

In clause 17.5, after 'their immediate manager' insert ', provided that if agreement cannot be reached in relation to any changes required as a result of the operation of the Future of Financial Advice Reforms (which are currently expected to commence operation on 1 July 2013), St.George will make the changes required and advise the Employee and/or team of the changes to their performance objectives.'

In clause 17.8(e), 'clause 17.7(c)(i)' is deleted and 'clause 17.8(c)(i)' is inserted.

Clause 18, Dependant Care -

Clause 19, Dispute Settlement Procedure -

Clause 20, Employment Categories -

Clause 21, Full-time Employment -

Clause 22, Probationary Employment -

Clause 23, Part-time Employment Delete clause 23.3(f).

Clause 24, Casual Employment Delete clause 24.3.

Clause 25, Changing Type of Employment In clause 25.2, after 'this Agreement' add '(ie, the Westpac Group Enterprise Agreement 2013)'.

Clause 26, Job Sharing -

Clause 28, Payment of Salary -

Clause 30, Changing From Non-Packaged to Packaged

-

Clause 33, Salary Sacrifice In clause 33.1(d), after 'this Agreement' add '(ie, the Westpac Group Enterprise Agreement 2013)'.

Delete clause 33.2(b).

132

Incorporated Term Amendments to the clause

Clause 34, Higher Duties -

Clause 35, Minimum Increase on Promotion In clause 35, '4%' is deleted and '3.75%' is inserted.

Clause 36, Job Evaluation In clause 36.2, after 'this Agreement' add '(ie, the Westpac Group Enterprise Agreement 2013)'.

Clause 37, Salary Review for Packaged Employees

In clause 37.5, 'clause 29, Fixed Pay Rates' is deleted and 'clauses 53 - 56 of the Westpac Group Enterprise Agreement 2013' is inserted.

Clause 38, Reimbursement for Travelling and Temporary Duties and BankSA Allowances

-

Clause 39.1, Pay Equity -

Clause 40, Hours of Work -

Clause 41, Meal Breaks -

Clause 42, Rest Breaks -

Clause 43, Overtime -

Clause 44, Recall to Duty and Stand-by -

Clause 45, Annual Leave Delete clause 45.3(b) to (d).

From the Payment Commencement Date:

delete clause 45.3(a)

delete clause 45.9(c)

delete clause 45.9(d)

Delete clause 45.4(a)(iv).

Delete clause 45.10.

Clause 46, Personal/Carers’ Leave In clause 46.1, delete definition of 'Immediate family'.

Delete clause 46.3(b).

Delete clause 46.7.

Delete clause 46.8.

In clause 46.11(a), '46.8' is deleted and '13.3 of the Westpac Group Enterprise Agreement 2013' is inserted.

Clause 47, Compassionate Leave In clause 47.1, 'and "Immediate Family" have' is deleted and 'has' is inserted.

Delete clause 47.2(b).

In clause 47.3, the second paragraph is deleted (ie, the sentence from 'Where leave' to 'annual leave.')

Clause 48, Long Service Leave In clause 48.4, 'the commencement of this Agreement' is deleted and '1 January 2011' is inserted.

Delete 'Cash out of long service leave', and clause 48.5 and clause 48.6.

Clause 51, Jury Duty Leave -

133

Incorporated Term Amendments to the clause

Clause 52, Leave Without Pay In clause 52.4, 'clause 12, Introduction of Major Change in the Workplace' is deleted and 'clause 21 of the Westpac Group Enterprise Agreement 2013' is inserted.

Clause 53, Public Holidays Delete clause 53.1(2) and insert a new clause 53.1(2): 'For the purpose of clause 53.1(1), a Flexible Bank Holiday is: (a) in relation to New South Wales, the first Monday in August or, if an Employee elects to work on the first Monday in August, an alternative day of holiday is taken at a time agreed between St.George and the Employee (which may be prior to the first Monday in August). However, if an Employee takes an agreed alternative day off, but subsequently does not work on the first Monday in August, the Employee's absence on the first Monday in August will be a day of unpaid leave (unless the Employee is entitled to paid personal, long service or annual leave); (b) in Queensland and the ACT, a day taken at a time agreed between St.George and an Employee.'

Clause 54, Workers Compensation Make Up Pay

-

Clause 55, Termination of Employment -

Clause 56, Redundancy, Redeployment and Retrenchment

In clause 56.2(b), 'clause 12, Introduction of Major Change in the Workplace' is deleted and 'clause 21 of the Westpac Group Enterprise Agreement 2013' is inserted.

In clauses 56.5(b)(ix)(5) and 56.5(c)(vi), 'clause 29, Fixed Pay Rates' is deleted and 'clauses 53 and clause 9 of the Westpac Group Enterprise Agreement 2013' is inserted.

In clause 56.5(d), '(i.e., the Westpac Group Enterprise Agreement 2013)' is inserted after 'Agreement'.

134

Incorporated Term Amendments to the clause

In clause 56.8(a), the references to '46' are deleted and '45' is inserted.

In clause 56.9(a)(i), from the Payment Commencement Date delete 'plus any annual leave loading which would otherwise have been paid on that leave'.

In clause 56.11(a):

'56.11' is deleted and '56' is inserted

'(being the Westpac Group Enterprise Agreement 2013)'

In clause 56.11(b), '50.11(i)' is deleted and '56.11(a)(i)' is inserted

Clause 58, Occupational Health and Safety -

Clause 59, Corporate Wardrobe -

Clause 60, St.George/FSU Relationship In clause 60.1 and 60.2(b)(i), '(i.e., the Westpac Group Enterprise Agreement 2013)' is inserted after 'Agreement'.

Delete clause 60.7.

In clause 8.2(c)(iii), 'Agreement' is deleted and 'Westpac Group Enterprise Agreement 2013' is inserted.

Appendix A – Shiftwork From the Payment Commencement Date, delete Appendix A, clause 15.1(d).

Appendix B – Clauses Incorporating Westpac Award Clauses

In clause 1.2, in the first sentence, 'the Agreement' is deleted and 'the terms incorporated in Part G of Section 4 of the Westpac Group Enterprise Agreement 2013' is inserted.

In clause 1.2, in the second sentence, 'the Agreement' is deleted and 'the Westpac Group Enterprise Agreement 2013' is inserted.

In the table in clause 1.5:

in the second row 'the date this Agreement commences' is deleted and '1 January 2011' is inserted

in the sixth row, 'clause clause' is deleted and 'clause' is inserted

In clause 1.6:

'at the Commencement Date' is deleted

'$52,225.48' is deleted and '$58,72455,569' is inserted

135

EXECUTION PAGE

Signed for and on behalf of Westpac Banking Corporation, BT Financial Group Pty Limited, Asgard Wealth Solutions Limited, Westpac Financial Consultants Limited, Westpac General Insurance Services Limited

_____________________________

Ross Miller General Manager, Human Resources, Australian Financial Services 275 Kent Street SYDNEY NSW 2000

_____________________________

Signature of witness

_____________________________

Name of witness

Signed for and on behalf of the Finance Sector Union of Australia

____________________________

Leon Carter National Secretary, Finance Sector Union of Australia 341Queen Street, Melbourne, Victoria 3000 Authorised under rule 49 of the FSU's rules to sign industrial agreements

_____________________________

Signature of witness

_____________________________

Name of witness