Commonwealth Bank Enterprise Agreement 2010 1 Title This agreement is called the ...

67 Pages·2010·0.6 MB·English

by  Glenn Fredericks

CONSULTATION DRAFT: ISSUED 15 JULY 2010

Commonwealth Bank Enterprise Agreement 2010

1 Title
This agreement is called the Commonwealth Bank Workplace Agreement 2010.
2 Arrangement
This agreement is arranged as follows:

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

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3 Definitions
Award means the Commonwealth Bank of Australia Employees Award 1999.
The Act means the Fair Work Act 2009 and any statute amending or replacing it.
Base Rate of Pay means the rate of pay payable to an employee for his or her ordinary hours
of work, not including any bonuses, loadings, monetary allowances, overtime or penalty rates
and any other separately identifiable amounts. The Base Rates of Pay are the salary bands
detailed in Schedule B.
CBA means Commonwealth Bank of Australia Limited ACN 123 123 124.
CBA Group Company means a related body corporate (as defined by section 50 of the
Corporations Act 2001) of CBA.
Continuous Service means service under an unbroken contract of employment with CBA and
includes paid leave of absence under clause 16 of this agreement. Absences on leave without
pay authorised by CBA including unpaid parental leave and career breaks do not break service
but do not count as service.
Employee means an employee to whom this Agreement applies by virtue of clause 4.1.
FSU means the Finance Sector Union.
Immediate Family means a spouse, de facto partner, child, parent, grandparent, grandchild or
sibling of the employee or a child, parent, grandparent, grandchild or sibling of a spouse or de
facto partner of the employee.
National Employment Standards means the National Employment Standards provided for by
the Act.
Old EBA means the:
(i) Commonwealth Bank of Australia Retail Banking Services Enterprise Bargaining
Agreement 2002; or
(ii) Commonwealth Bank of Australia Technology. Operation & Procurement Enterprise
Bargaining Agreement 2002; or
(iii) Commonwealth Bank of Australia Direct Banking Enterprise Bargaining Agreement
2002; or
(iv) Commonwealth Bank of Australia (Core) Enterprise Bargaining Agreement 2002.
Ordinary time and ordinary rates have the same meaning - it is the Base Rate of Pay plus any
skill utilisation or any higher duty allowance applicable.
Relevant Period is a period of up to 4 weeks over which the hours worked by an employee
may be averaged.
Salary has the same meaning as Base Rate of Pay.
4 Operation
4.1 This Agreement is binding upon CBA in respect of:
(a) Employees of CBA employed in Australia in the classifications set out in this
Agreement, other than employees who are engaged:
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(i) under an AWA unless that AWA has passed its nominal expiry date and
such employee has given lawful notice under the of termination of the
AWA. In such cases, the agreement shall apply to such employees from
the day on which the notice of termination of the AWA expires; or
(ii) under an ITEA unless that ITEA has passed its nominal expiry date and
such employee has given lawful notice of termination of the ITEA. In such
cases, the agreement shall apply to such employees from the day on
which the notice of termination of the ITEA expires.
(b) The FSU, its officers and members.
4.2 For the avoidance of doubt, this Agreement does not apply to employees that CBA has
classified above the MC classification.
4.3 From the date of its commencement, this Agreement prevails over and entirely excludes
the operation of any other State or Commonwealth collective workplace agreement or
award which binds CBA including, without limitation, the:
(a) Commonwealth Bank of Australia Retail Banking Services Enterprise Bargaining
Agreement 2002;
(b) Commonwealth Bank of Australia Technology, Operation & Procurement
Enterprise Bargaining Agreement 2002;
(c) Commonwealth Bank of Australia Direct Banking Enterprise Bargaining
Agreement 2002;
(d) Commonwealth Bank of Australia (Core) Bargaining Agreement 2002; and
(e) Commonwealth Bank of Australia Employees Award 1999.
4.4 This Agreement will start on the later of 30 June 2010, or seven days after it is approved
by FWA, and its nominal expiry date is 30 June 2011.
5 Fair Work Act
5.1 Nothing in the agreement is intended to provide an employee with a lesser entitlement
than the minimum legal entitlements allowed by in the National Employment Standards.
Where this agreement does provide an employee with a lesser entitlement than allowed
by the National Employment Standards, the employee shall be paid or provided with the
higher entitlement in the National Employment Standards.
5.2 Clauses that supplement the National Employment Standards
(a) The following clauses of this agreement provide for entitlements which
supplement and are ancillary and/or incidental to the National Employment
Standards:
(i) annual leave (clause 14);
(ii) personal & carer‘s leave and compassionate leave (clause 15);
(iii) parental leave and related entitlements (clause 16);
(iv) community service leave (clause 20);
(v) long service leave (clause 17);
(vi) public holidays (clause 18); and
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(vii) notice of termination and redundancy pay (clauses 21 & 22).
(b) The following clauses of this agreement provide for entitlements which have the
same (or substantially the same) effect as provisions of the National Employment
Standards
(i) maximum weekly hours (clause 12.1); and
(ii) requests for flexible working arrangements (clause 12.8).
6 Anti-discrimination
6.1 Prevention of discrimination
It is the intention of the parties to this Agreement to respect and value the diversity of the
workforce by helping to prevent and eliminate discrimination on the basis of race, colour,
sex, sexual preference, age, physical or mental disability, marital status, family
responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
6.2 Exemptions
Nothing in this clause is to be taken to affect:
(a) Any different treatment (or treatment having different effects) which is specifically
exempted under the Commonwealth anti-discrimination legislation;
(b) Junior rates of pay;
(c) An employee, CBA or other person on behalf of the employee pursuing matters
of discrimination in any state or federal jurisdiction, including by application to the
Australian Human Rights Commission; or
(d) Any exemptions under the Act.
6.3 Trade union membership
In accordance with section 336 of the Act all parties recognise the right of CBA
employees to choose to belong or to not belong to a trade union.
7 Basis of engagement
7.1 Type of employment
CBA may employ employees under this Agreement on a permanent full time, permanent
part time, temporary (including on a fixed term or maximum term) or casual basis.
(a) Full time employee means an employee working standard hours under clause 12
of this Agreement.
(b) Part time employee means an employee who is engaged to work less than the
standard hours under clause 12 and in accordance with clause 12.1(g)Error!
Reference source not found..
(c) Casual employee means an employee other than a full time or part time
employee who is employed on a casual basis and is engaged as such.
(d) Temporary employee means an employee engaged on the basis that their
employment will end after a specified period of time or on completion of a
specified task or project.
7.2 Individual arrangement
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(a) If an employee requests, including after discussions initiated by CBA, they may
enter into an individual arrangement.
(b) There will be no requirement that CBA offer an individual arrangement to an
employee and an employee cannot be required to enter into such an
arrangement as a condition of their employment or as a condition of being offered
a promotional position.
(c) Employees must be better off overall under an individual arrangement than they
would have been under this Agreement. In making such determination, regard
shall be had to any bonuses paid, or other incentive arrangements afforded, to
the employee under the individual arrangement.
(d) Under an individual arrangement, CBA and the employee may agree to vary the
effect of any or all of the following provisions of this Agreement as they apply to
the employee:
(i) clause 7.5 Mobile Bankers
(ii) clause 9 Salaries
(iii) clause 11 Travel on CBA Business
(iv) clause 12 Hours
(v) clause 13 Shift work
(vi) clause 14 Annual Leave, but only clause 14.1(b) and clause 14.6
(vii) clause 15 Personal Leave, but only clause 15.2
(viii) clause 18 Public Holidays
(ix) clause 23 Allowances
(x) clause 24 Preserved Conditions, other than item 1, Staff Housing
Loans,
(e) However, the employee cannot be provided with lesser benefits than those set
out in the National Employment Standards.
(f) The individual arrangement must:
(i) be about permitted matters under section 172 of the Fair Work Act 2009;
and
(ii) not include unlawful terms under section 194 of the Fair Work Act 2009;
and
(iii) include the name of CBA and the employee; and
(iv) be in writing and signed by CBA and the employee and if the employee is
under 18 years of age, signed by a parent or guardian of the employee;
and
(iii) include details of:
the terms of this Agreement whose effect will be varied by the
individual arrangement; and
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how the individual arrangement will vary the effect of the terms;
and
how the employee will be better off overall in relation to the terms
and conditions of his or her employment as a result of the
individual arrangement; and
(iv) state the day on which the individual arrangement commences.
(g) CBA must give the employee a signed copy of the individual arrangement within
14 days after it is agreed to.
(h) CBA or the employee may terminate the individual arrangement:
(i) by giving no more than 28 days written notice to the other party to the
arrangement; or
(ii) if CBA and the employee agree in writing — at any time.
(i) CBA will, every three months, notify the FSU of the number of individual
arrangements it has entered into over that period. This information will include
the number of arrangements by the employees‘ grades and business units.
7.3 Preservation of Clause 12 agreements
(a) Where, immediately prior to the commencement of this Agreement, an employee
was engaged on a clause 12 agreement that clause 12 agreement shall continue
in operation.
(b) An employee may terminate a clause 12 agreement on 14 days notice to CBA, or
at any time by agreement with CBA, and thereafter to be paid in accordance with
and participate in all EBA provisions.
(c) To the extent that a clause 12 agreement deals with:
(i) rostered days off;
(ii) overtime and separate attendance;
(iii) meal allowance;
(iv) leave in lieu of travelling time;
(v) on-call allowance;
(vi) telephone availability allowance;
(vii) higher duty allowance; or
(viii) annual leave loading;
the provisions of this Agreement dealing with those matters do not apply to the
employee covered by that clause 12 agreement.
(d) For the purposes of this clause a ―clause 12 agreement‖ means an individual
agreement made under clause 12 of an Old EBA or clause 8 of the Award.
7.4 Casual employees
(a) Casual employees will be employed by the hour for short term engagements for
the purposes of covering emergencies, unforeseen circumstances and workload
peaks, and the provision of relief.
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(b) There is no limit on the number of casual employees which may be employed.
(c) Where a position has been filled by casual staff for six months and the position is
still required, it will be filled on a permanent basis by a full-time or part-time CBA
employee.
(d) The use of casuals is not intended to limit development opportunities for full-time
or part-time staff.
(e) Casual employees will be paid at the base hourly rate for the classification and
position performed as specified by this Agreement plus a 25% loading.
(f) Subject to paragraph (g), payment of this loading is in recognition of the non-
permanent nature of casual employment. This loading is in lieu of all other paid
leave, whether it is applicable under this Agreement or any legislation.
(g) Leave
(i) A casual employee who is engaged on a regular and systematic basis
over the relevant service period in clause 17 is entitled to Long Service
Leave in accordance with that clause.
(ii) CBA may grant unpaid leave to casual employees.
(h) Casual employees will work and be paid for a minimum of 4 hours in any 24 hour
period. Unless the employee otherwise agrees, they will be engaged once per
day. Where an employee is engaged more than once each day the 4 hour
minimum payment shall apply in total for all such engagements, that is, the
employee is not entitled to a minimum 4 hour payment for each engagement.
(i) Casual employees will not work in excess of 38 hours per week.
(j) Where a casual employee is required to work in excess of ten hours on any day,
such additional time will be paid at overtime rates of time and one half for the first
three hours and double time thereafter. Such payment will be on the applicable
base hourly rate. The 25% loading will not apply.
(k) In the event a casual employee becomes a full-time employee or part-time
employee, the period of casual employment will not count as service.
(l) Casual employees will be entitled to the meal break and meal allowance
provisions of this Agreement.
(m) If, on the instructions of CBA, a casual employee is required to resume or
continue work without having had 10 consecutive hours off duty, he or she will be
paid at double the relevant ordinary rate of pay, until he or she is released from
duty for such period and will then be entitled to be absent until he or she has had
10 consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence. Such payment will be on the applicable base
hourly rate. The 25% loading will not apply.
(n) Casual employees are entitled to unpaid Personal Leave, Carer‘s Leave and
Parental Leave in accordance with the National Employment Standards.
(o) The following clauses of this Agreement do not apply to casual employees:
(i) clause 9 Salaries (subject to clause 7.4(e));
(ii) clause 12 Hours;
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(iii) clause 13 Annual Leave;
(iv) clause 15 Personal Leave;
(v) clause 16 Parental Leave;
(vi) clause 22 Redundancy;
(vii) clause 23 Allowances; and
(viii) clause 24 Preserved Conditions.
7.5 Mobile Bankers
(a) This clause sets out the alternative arrangements that will apply to Mobile
Bankers.
(b) Mobile Bankers will be graded at AMC level. The Bank may, in its discretion,
elect to pay Mobile Bankers a higher amount having regard to such matters as
their skills, work performance and experience.
(c) Mobile Bankers are only entitled to receive the annual Base Remuneration
applicable for AMC level employees. The following clauses of this Agreement do
not apply to Mobile Bankers:
(i) performance payments;
(ii) overtime and separate attendance;
(iii) rostered days off;
(iv) shift allowance;
(v) higher duty allowance;
(vi) Saturday and Sunday loadings;
(vii) meal allowance;
(viii) on-call allowance; and
(ix) telephone availability allowance.
(d) CBA will establish a separate STI scheme that will apply to Mobile Bankers. The
STI scheme does not form part of this Agreement and CBA may, from time to
time, change the STI scheme. This includes changing the amount of potential STI
payments that Mobile Bankers may receive and the sales targets (and other
criteria) they need to satisfy to be eligible to receive a STI payment. The make-up
of such scheme is within the complete discretion of CBA. However, as a guide
only, CBA will have regard to matters including behaviours, lending compliance
and accuracy, cross selling, customer satisfaction, revenue and arrears.
(e) A Mobile Banker who, as at the date of this Agreement, is remunerated in
accordance with a ‗Mobile Bankers – Simple Salary Agreement‘ or the ‗Mobile
Bankers – Service Agreement‘ will continue to be remunerated in accordance
with those agreements, unless otherwise agreed in writing by the Mobile Banker
and CBA. The Bank will retain its discretions as set out in those agreements
including to set Targets, Hurdles & Triggers.
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8 Job Classifications
Roles occupied by employees covered by the Agreement will be classified by CBA using
the descriptors set out in schedule A.
9 Salaries
9.1 Payment of salaries
Employees‘ salaries will be paid on a fortnightly basis by direct deposit into the
employee‘s CBA bank account or otherwise as agreed by CBA and an employee. CBA
will provide employees with a CBA account, free of any maintenance fees, transaction
fees and withdrawal fees (although other institutions' ATM fees will apply). An employee
must open and maintain this account as their nominated account for salary payment
purposes throughout their employment.
9.2 Salary
(a) The salaries for classifications covered by this agreement are set out in Schedule
B.
(b) An employee must not be paid a salary lower than the minimum provided for their
classification, subject to any salary sacrificing arrangement entered into under
clause 10.
(c) The salary for a part-time employee shall be determined on a pro-rata basis
according to the proportion of a full-time position on which the employee is
engaged.
9.3 Higher Duty
(a) An employee will only be entitled to be paid the salary for the higher role where
the employee is appointed to act in a higher classification for at least one week
(including public holidays). In this case, the employee will be paid at the minimum
rate for the higher classification. Provided that the employee‘s salary shall be
increased by at least 5% while they are performing higher grade duty in
accordance with this clause.
(b) An employee will not continue to receive higher duty allowance if absent on sick
leave or annual leave for more than one week unless he or she has been
relieving in the position for at least three months.
(c) An employee relieving in a lower grade will not have his or her salary reduced.
9.4 Increase in salary
(a) On 1 July 2010, employees shall receive the following increases to their base
salaries (as at 30 June 2010) according to their performance rating for the
performance year of 1 July 2009 to 30 June 2010:
Rating Increase
Meets Expectations or higher 4%
Needs Improvement 2%
Unsatisfactory 0%

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(b) Such increase shall be paid as soon as is reasonably practicable following the
completion of the Bank‘s performance review process for employees and shall be
back-dated to 1 July 2010.
(c) Employees who improve their performance ratings to Needs Improvement or
Meets Expectations or better, as the case may be, for the Bank‘s 31 December
2010 interim review process shall receive the balance of the applicable increase
effective from 1 January 2011. Such increase shall be paid as soon as is
reasonably practicable following the completion of the Bank‘s interim
performance review process for employees and shall be back-dated to 1 January
2011.
(d) The minimum full-time rates for each classification shall be as set out in Schedule
A.
(e) The determination of an employee‘s performance rating and the setting of targets
is within the complete discretion of CBA.
9.5 Performance bonuses
(a) All employees covered by this Agreement will be eligible to participate in a
performance related pay scheme (PRP) as determined by CBA.
(b) PRP will be based upon the performance year of 1 July to 30 June each year.
An overall annual performance rating of "meets expectations" is required to
receive a payment under the PRP. A PRP payment will be paid as an annual
lump sum within three months following 30 June each year. The lump sum will
be based on the employee's overall annual performance review rating and
calculated on the employee's actual salary as at 30 June each year in
accordance with the following table.

Performance review Performance pay % of Actual Salary
rating

GC & Service Staff AM M
Meets expectations 3% 4.5% 6%
Exceeds Expectations 4.5% 6% 7.5%
Exceptional 9% 10.5% 15%
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