DECISION · 2019-12-05 · CBA means Commonwealth Bank of Australia (ABN 48 123 123 124). CBA Group means CBA and its related bodies corporate. Colonial means Colonial Services Pty

1

Fair Work Act 2009 s.185—Enterprise agreement

Commonwealth Bank of Australia(AG2016/5912)

COMMONWEALTH BANK GROUP ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry

COMMISSIONER LEE MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Commonwealth Bank Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Commonwealth Bank Group Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth Bank of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexures A, B and C. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Finance Sector Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[2016] FWCA 8495

DECISION

[2016] FWCA 8495

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[5] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code O, AE422385 PR587932>

[2016] FWCA 8495

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ANNEXURE A

IN THE FAIR WORK COMMISSION

Matter No: AG2016/5912

Re Application By: Commonwealth Bank of Australia

UNDERTAKINGS

In relation to Division C of the Commot~wealth Bank Group Enterprise Agreement 2016 (Agroernont),

Commonwea' th Securities l.td undertakes pursuant to soo:liOtl 190 of the Fair Work Act 2009 th:at:

1. In a given week. it will not require a part.tim& employee to work more than 4 hours in exoess

of their agreed v--eekly hours at ordinary time rates. Where a part·tlme employee is required to

wo11< more than 4 such additional hours, subsequent hours \'..ill be paid at the approp~te

overtime rate

2. II will AnPIY thP. c1P.finrtinn nf "~hlfl wofiny•ln c lause 2 on th& basis thaJ an emploYP.P. wortc!'l "on

a regular basis outside of the span of hours identified in clause 9.1" 1f that employee works

any of thet atdinary rostered hours outside the span of hours in clause 9.1. For the avotdanc:e

of doubt an employee will not be considered a "shin worker" merely because they perlonn

overtime outside the span of hours.

3. II wll apply clause 4.2 as though the table in that clause read as follows:

Classification Ann u31 $31a.ry Annu al Salary

{Non.-shi ftwortler) (Shiftworker)

CS1 $ 47.500 s 55,926

CS2 $ 51,500 s 61,1t0

CS3 $ 58.897 s 68,44.5

4. For C$1, CS2 and CS3 employees whose actual annual salary is less than $67,972, 574,273

or $83, 187 respectively, it will:

3585285Sv.2

a. apply loadings of 20% for ordinary hours worked on a Saturday aoo 40% for Qrdinary

hours wotked on a Sunday, calculated on the employee's actual base salary rate,

with such kl.adiogs to be lmplemooted as soon as reasonably practicable afte1 the

Ag1eement cernes into operation and back·paJd to the commencement ot lhe

Agreement; afld

b. If requested by such an employee whose regular roster requires them to "''Ork

ordinary hours on Saturdays andiOt Sundays, conduct the exercise set ovt in Division

A, ctause 10 in ralation to the employee's roster and. if a top-up payment Is mad&,

increase the salary paid to the amployee accordingly for wort< on that roster paltem.

[2016] FWCA 8495

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Nao!:JYk~ ~-- ~ ~6V tWl \::{v 'lA 1<. Dete

tteao Of Group IOOU&lrlal K818UOns

11 Hatbout St, Sydnoy, NSW, 2000

356S2853v.2

[2016] FWCA 8495

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ANNEXURE B

IN THE FAR WORK COMMISSION

Matter No: AG201615912

ReApplication By: Commonwealth Bank of Australia

UNDERTAKINGS

In relatiOn to Division D of the COmmol'lweatlh Bank Group Enterpft98 A(JrNmerlt 2016. Colonial

ServiCes Ply ltd undertakes pursuanl lo sec110n 190 of lhe Far Worlc Act 2009 1hat

1. In a given week. it wll not require a pan-ttma employee to work more than 4 hours In excess

of their agreed weekly hours at ordinary lime fates. Where a part-time employee i& required to

work more then " such additional hours. subeequent hours will be paid at lh9 appropriate

overtime rate.

2. ft wilapply Clauses tl(c) and 7(d) as though lhe amount or '$50,554' was deleted and lhe

words "the high Income Uveshold under the Act as indexed from time to time" were inserted in

its plaoe.

Signed for Colonial Services Ply lid:

\8 ]'Jrl Utile{ ~ 1-fl, Naomi Moylan Date Head of Group Industrial Relations

11 Harbour S~ Sydney, NSW, 2000

351t212311.2

[2016] FWCA 8495

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ANNEXURE C


Mat18rNo: AG2016/51112

Ro Applioolion By: Commonweaillh Bonk ol Aue:tl'311o

UNDERTAKINGS

In raotion to Divi&ion E of lllo CommOIIMallh Balik Groop Enterprise AgrMmem 201e (Ag-t).

Comrno<>weaith lnsuraooeltd (CIL) undertakes pu10<1ant to section 190 of tile Far Work Act 2009

that:

1. In a g.,., week, It will not require a p.-t-ti11e employee to work more than 4 hours in excess

of their B!1'eed weekly hours al ordinary time rates. Where a pari-time employee Is requlr.d to

work more than 4 such additional hours, subsequent hours wll be paid at the appropriate

OWI!rtlme rale.

2. Empl0)'003 ..viii not bo roquirocl to wc:dl. ordin"'ry hour.:a qn"' Saturday and/or Sunday on moro

than one weekend out of f!NfKY three. If an employee is required to petfonn weekend wcrk

more freQuenl:fy than on one weekend out of every three, all work on the second and/or lhlrd

weekend will be treated as overtkne.

Signed fOt Commonwealth Insurance Ltd

Naomi Moylan Head of Group lndu&tnaf RelatiOns

Date

t 1 Horl>our St. Sydney, NSW, 2000

Commonwealth Bank Group Enterprise Agreement 2016

Division A

1. Title

This Agreement is called the Commonwealth Bank Group Enterprise Agreement 2016.

2. Arrangement

This Agreement is arranged as follows:

Division A- Group Division

Clause 1 - Title

Clause 2 - Arrangement

Clause 3 - Definitions

Clause 4 - Operation

Clause 5 - Scope of Division A

Clause 6- Fair Work Act

Clause 7 - Flexible work arrangements

Clause 8 - More flexible hours arrangements

Clause 9- Anti-Discrimination

Clause 10 - Better off overall test

Clause 11 - Remuneration

Clause 12 - Basis of engagement

Clause 13 - Travel

Clause 14- Annual leave

Clause 15 - Personal & Carer's leave

Clause 16 - Parental leave

Clause 17- Domestic and family violence leave

Clause 18- Other Leave (including Community Service Leave)

Clause 19 -Termination of employment

Clause 20 - Superannuation and salary sacrifice

Clause 21 - Daylight saving

Clause 22 - Consultation and resolution of disputes

Clause 23 - Union relationship

Schedule 1 - Supported wage

Division A: the Group

Page 1

tucker

Undertakings

- ----Division B - Commonwealth Bank of Australia

Clause 1 -Application of this Division


Clause 3 - Basis of engagement --Clause 4 - Job classifications

Clause 5 - Salaries

Clause 6 - Travel

Clause 7 - Hours

Clause 8 - Shift work

Clause 9 - Moving day

Clause 10 - Annual leave

Clause 11 - Long Service Leave

Clause 12- Public holidays

(';IFIIIRP. 1 ~ - RP.rll mciFinr.y

Clause 14 - Allowances

Clause 15 - Preserved conditions

Clause 16 - Transition to retirement

Schedule A - Classifications

Schedule B - Salaries

Schedule C - Preserved conditions

Schedule D -Allowances

Division C - Commonwealth Securities Limited

Clause 1 - Scope


Clause 3- Types of employment

Clause 4 - Salaries

Clause 5 - Job classifications

Clause 6 - Meal allowance

Clause 7 - Car allowance

Clause 8 - Travel on CommSec business

Clause 9 - Hours of work

Clause 10 - Shift work

Clause 11 -Annual Leave

Clause 12 - Public holidays

Division A: the Group Page 2

Clause 13- Redundancy

Division D - Colonial Services Pty Limited

Clause 1 -Application


Clause 3- Types of employment

Clause 4 - Reward and recognition


Clause 6 - Overtime

Clause 7 - Shiftwork

Clause 8 - Allowances

Clause 9 - Leave without pay

Clause 1 0 - Long service leave

Clause 11 - Public holidays

Clause 12- Mobility

Clause 13- Transmission of business

Clause .14- Redundancy, redeployment and retrenchment

15 - Position classifications

Division E - Commonwealth Insurance Limited

Clause 1 - Scope of Division


Clause 3 - Salaries

Clause 4 - Mobility

Clause 5 - Training and development


Clause 7- Casual employment

Clause 8 - Emergency operations

Clause 9 - Time in lieu

Clause 1 0 - Overtime

Clause 11 - Transport arrangements

Clause 12 - Meal allowance

Clause 13 - First aid allowance

Clause 14- Work on public holidays

Clause 15 - Annual leave loading

Clause 16 - Long service leave


- -Clause 17 - Job sharing

Clause 18 - Occupational health and safety

Clause 19 - Child care facilities

Schedule 1 - Salaries

Schedule 2 - Travel form work guidelines

3. Definitions and interpretation

3.1 Definitions

Act means lhe Fair Work Act 2009 (Cth).

AWA means an Australian Workplace Agreement as provided for by the Workplace Relations Act 1996 (Cth).

Award means the Banking, Finance and Insurance Award 2010 as varied or replaced from time to time.

Base Rate of Pay means the rate of pay payable to an employee for his or her ordinary hours of work, not includi11g any bonuses, loadings, monetary allowances, overtime or penalty rates and any other separately identifiable amounts.

CBA means Commonwealth Bank of Australia (ABN 48 123 123 124).

CBA Group means CBA and its related bodies corporate.

Colonial means Colonial Services Pty Limited (ABN 70 075 733 023).

Commlnsure means Commonwealth Insurance Limited (ABN 96 067 524 216).

CommSec means Commonwealth Securities Limited (ABN 60 067 254 399).

FSU means the Finance Sector Union of Australia.

FWC means the Fair Work Commission.

Group means Commonwealth Bank Of Australia, Commonwealth Insurance Limited, Commonwealth Securities Limited and Colonial Services Pty Limited.

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.

ITEA means an Individual Transitional Employment Agreement as provided for by the Workplace Relations Act 1996 (Cth).

NES or National Employment Standards means the National Employment Standards provided for by the Act.

3.2 Interpretation

Unless the context otherwise requires:

(a) In this Agreement, unless otherwise specified, a reference in a Division to a clause is a reference to a clause in that Division. For example, a reference in Division B to clause 17 is a reference to clause 17 in Division B.

Division A: the Group Page4

(b) A reference to service or employment means continuous service or continuous employment.

4. Coverage and operation

(a) This Agreement is binding upon:

(i) the Group;

(ii) employees of the Group employed in Australia as specified in the Divisions of this Agreement;

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

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

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

(iii) the FSU, its officers and members.

(c) This Agreement will start seven days after it is approved by the FWC and its nominal expiry date is 30 June 2017.

(d) For the avoidance of doubt, this Agreement does not apply to employees that the Group has classified above the MC classification or an equivalent classification.

(e) The Divisions of this Agreement apply only to the respective employer and employees as set out in each Division.

(f) From the date of i~s commencement, this Agreement prevails over and entirely excludes the operation of any other State or Commonwealth enterprise agreement, certified agreement, collective workplace agreement, award, or any other industrial instrument which binds the Group including, without limitation, the:

(i) Commonwealth Bank Group Enterprise Agreement 2014; and

(ii) Banking, Finance and Insurance Award 2010.

5. Scope of Division A

(a) This Division applies to the Group.

(b) A reference in this Division to the Group with respect to an employee is a reference to whichever of CBA, Commlnsure, CommSec and Colonial is the employer of that employee.


6. Fair Work Act

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

(b) The following clauses of this Agreement provide for entitlements which supplement and Hre Hnr.iiiHry Hnrl/or inr.iclentHI to the NHtionHI Emrloyment StAnrlArrls:

(i) annual leave (clauses 14 in Division A, 10 in Division B, 11 in Division C and 15 in Division E);

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

(iii) parental leave and related entitlements (clause 16);

(iv) community service leave (clause 18);

(v) long service leave (clauses 11 in Division B, 10 in Division D & 16 in Division E);

(vi) public holidays (clauses 12 in Division B, 11 in Division C, 11 in Division D & 14 in Division E); and

(vii) notice of termination and redundancy pay (clauses 19, 13 in Division B, 13 in Division C & 14 in Division D).

(c) 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 (clauses 7.1 in Division B, 9.1 in Division C, 5.1 in Division D & 6 in Division E); and

(ii) requests for flexible working arrangements (clause 7).

7. Flexible work arrangements

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

(i) is under school age; or

(ii) is under 18 and has a disability.

(b) The employee is not entitled to make the request unless:

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

(ii) for a casual employee- the employee:


• is a long term casual employee (as defined in section 12 of the Act) of the Group immediately before making the request; and

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

Page 6

(c) The request must:

(i) be in writing; and

(ii) set out details of the change sought and of the reasons for the change.

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

(e) The Group may only refuse the request on reasonable grounds related to the effect on the workplace or the Group's business.

8. More flexible hours arrangements

Despite anything else contained in this Agreement, the following shall apply to employees working from home as flexible work employees:

(a) Part-time and casual employees may be engaged as flexible work employees working from home.

(b) Such employees will be paid for a minimum of 2 hours per engagement. However, an employee shall not be paid less than 4 hours pay for each week in which they are engaged.

(c) Employees may be engaged on more than 1 occasion each day.

(d) The requirement for any rest or break between shifts will not apply to shifts or engagements on the one day.

(e) The Group must reimburse the employee for the reasonable expenses which they incurred (as mutually agreed) in performing their work. Where agreement cannot be reached, the Group will provide the equipment and related services that are required for the employee to perform their work from home, including but not limited to, additional telephone and internet usage.

9. Anti-discrimination

(a) 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.

(b) Nothing in this clause is to be taken to affect:

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

(ii) Junior rates of pay;

(iii) An employee, the Group 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

(iv) Any exemptions under the Act.


(c) In accordance with section 336 of the Act all parties recognise the right of the Group employees to choose to belong or to not belong to a trade union.

1 0. Better off over all test

(a) The purpose of this clause 10 is to ensure that employees are better off overall under this Agreement than they would have been had the Award applied to them in place of this Agreement.

(b) At the end of each Relevant Period, the Group shall determine whether an employee is eligible for a top-up payment calculated on the following basis:

TP =A- E

Where:

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

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

• the actual remuneration paid to the employee for ordinary hours worked, indudiny <:my remuneration over the rninirnurn rates provided for by this Agreement; and

• any loadings, penalty rates, payment for overtime or allowances paid to the employee.

(iii) A is the remuneration which would have been paid to the employee for the Relevant Period had the Award applied to the employment of the employee in place of this Agreement, being:

• ordinary hours worked calculated at the minimum rates provided for by the Award; and

• any loadings, penalty rates, payment for overtime or allowances which would have been applicable.

(iv) Relevant Period means each 12 month period calculated from the commencement date of this Agreement during which this Agreement is in operation, provided that:

• the last period may be shorter if the Agreement ceases to operate prior to a twelve month anniversary of the commencement date; and

• if an employee ceases to be covered by this Agreement (because their employment terminates or otherwise) the relevant period for that employee will end on the date they cease to be covered by this Agreement.

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

(d) In this clause 10 a reference to the Agreement includes a reference to a clause 12 agreement which is continued in operation by clause 12.3.


11. Remuneration

(a) Employees, other than those to whom an arrangement under clause 12.2 or 12.3 applies, will receive a 3% increase to their base salary, subject to meeting minimum behaviour and compliance standards (including risk). The determination of whether an employee has met minimum behaviour and compliance standards is at the sole discretion of the Group.

(b) Such increases shall be paid as soon as is reasonably practicable following 29 September 2016 and shall be back-dated to 1 July 2016.

12. Basis of engagement

12.1 Type of employment

The Group 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.

12.2 Individual arrangement

(a) If an employee of CBA requests, including after discussions initiated by the Group, they may enter into an individual arrangement.

(b) Employees of CommSec, Colonial and Commlnsure may enter into an individual arrangement by agreement with their employer.

(c) There will be no requirement that the Group 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.

(d) 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.

(e) Under an individual arrangement, the Group 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:


CBA

(references are to clauses in division B)

clause 3.3 Mobile Bankers

clause 5 Salaries

clause 6 Travel

clause 7 Hours

clause 8 Shift work

clause 10 /\nnual Leave, but only with respect to payment of allowances and to leave loading.

clause 12 Public Holidays

clause 14 Allowances

clause 15 Preserved Conditions, other than item 1, Staff Housing Loans.

CommSec

(references are to clauses in division C)

clause 6 Meal allowance

clause 7 Car allowance

clause 8 Travel on CommSec business

clause 9 Hours of Work

clause 1 0 Shift work

clause 11 Annual Leave

Colonial

(references are to clauses in division D)

clause 4 Reward and recognition

clause 5 Hours of work

clause 6 Overtime

clause 7 Shiftwork

clause 8 Allowances

clause 11 Public Holidays

Commlnsure

(references are to clauses in division E)

clause 3 Salaries

clause 6 Hours of Work

clause 9 Time in Lieu

clause 1 0 Overtime

clause 11 Transport Arrangements

clause 12 Meol Allowance

clause 13 First Aid Allowance

clause 14 Work on Public Holidays

clause 15 Annual Leave Loading

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

(g) The individual arrangement must:

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

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

(iii) include the name of the employing entity and the employee; and

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

(v) include details of:

• the terms of this Agreement whose effect will be varied by the individual arrangement; and

• how the individual arrangement will vary the effect of the terms; and

• how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual arrangement; and

(vi) be genuinely agreed to by the Group and the employee.

(vii) state the day on which the individual arrangement commences.


(h) The Group must give the employee a signed copy of the individual arrangement within 14 days after it is agreed to.

(i) The Group 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 the Group and the employee agree in writing- at any time, following which, the arrangements set out in clauses 5 in Division B, 4 in Division C, 4 in Division D and 3 in Division E will apply.

(j) The Group 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.

(k) Clause 10 applies to individual arrangements and a reference in that clause to remuneration provided under this Agreement includes remuneration provided under an individual arrangement.

12.3 Preservation of old individual agreements and arrangements

(a) Where, immediately prior to the commencement of this Agreement, an employee was engaged on an old individual agreement, that old individual agreement shall continue in operation.

(b) An employee may terminate an old individual agreement on 28 days' notice to the Group, or at any time by agreement with the Group, and thereafter, consistent with the arrangements set out in clauses 5 in Division B, 4 in Division C, 4 in Division D and 3 in Division E, is to be paid in accordance with and participate in all provisions of this Agreement.

(c) To the extent that an old individual agreement deals with:

(i) rostered days off;

(ii) overtime and separate attendance;

(iii) allowances (including higher duty allowances);

(iv) hours of work

(v) shiftwork;

(vi) public holidays;

(vii) transport arrangements and business travel

(viii) salaries; or

(ix) annual leave loading;

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

(d) For the purposes of this clause an "old individual agreement" means an individual agreement or contract made under or referred to in:

(i) clause 12 of an Old CBA EBA;

(ii) clause 8 of the CBA Award;


(iii) clause 4.3 of the CommSec Award;

(iv) clause 16.1 of the Colonial First Agreement;

(v) clause 3.7 of the Colonial TOP Agreement;

(vi) clause 7 of the Commlnsure Agreement;

(vii) clause 7 of the BFI; or

{viii) clause 14 of the BFI.

(e) Individual arrangements made under the Commonwealth Bank Enterprise Agreement 2010, the Commonwealth Bank Enterprise Agreement 2011, the Commonwealth Bank Enterprise Agreement 2013 and the Commonwealth Bank Group Enterprise Agreement 2014 continue in operation on the basis that:

(i) A reference in the individual arrangement to clauses of the enterprise agreement under which the individual arrangement was made is taken to be a reference to the equivalent clause or clauses of this Agreement;

(ii) The individual arrangement does not override clause 15 of this Agreement.

(f) Clause 10 applies to old individual agreements and a reference in that clause to remuneration provided under this Agreement includes remuneration provided under an old individual agreement.

(g) In this clause 12, Old EBA means the:

13. Travel

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

• Commonwealth Bank of Australia Technology, Operations & Procurement Enterprise Bargaining Agreement 2002; or

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

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

13.1 Travel on Group Business

(a) Where an employee is directed by their manager to go to any place away from their usual place or places of employment, he or she will be reimbursed for all reasonable expenses. Reas011C!ble expenses may include, bul are nollimiled lo, accommodalion, meals and dry cleaning. Unless impractical, an employee must obtain approval from their manager prior to incurring such expenses and must provide receipts before they will be reimbursed.

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


14. Annual leave

14.1 Minimum annual leave entitlement

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

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

(b) an accrual of 25 days annual leave per annum for shift workers where they are employed in a part of the Group in which shifts are continuously rostered 24 hours a day for 7 days a week and the employee both:

(i) is regularly rostered to work those shifts; and

(ii) regularly works on Sundays and public holidays.

Such workers are shift workers for the purposes of the National Employment Standards.

(c) annual leave shall be accrued on a pro-rata basis during each year of service; and

(d) annual leave is payable at the Base Rate of Pay for ordinary hours worked.

14.2 Additional leave benefits

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

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

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

(iii) cash-out accrued annual leave in accordance with clause 14.3(b).

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

14.3 Direction to take annual leave

(a) General ability to direct'

An employee must take an amount of annual leave during a particular period if directed by the Group where:

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

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

(iii) the employee and their manager are unable to agree on a suitable period to take the leave, the Group gives the employee at least one month's notice in writing of the requirement to take the annual leave.

(b) Direction for prudential or risk management purposes

Without limiting the effect of clause 14.3(a):


(i) the Group must make reasonable efforts to reach agreement with an employee on taking annual leave before giving a direction under this clause 14.3(b );

(ii) an employee must take an amount of annual leave of not more than two weeks if directed to by the Group where such direction is given as part of the Group's prudential or risk management requirements. However where the employee has compelling personal circumstances, a minimum of one week's annual leave may be agreed.

(iii) Where agreement cannot be reached on when to take the leave, the Group must then give the employee at least one month's notice in writing ot the requirement to take the annual leave. Such a direction must not cause the employee to accrue a negative leave balance as a result.

14.4 Cashing out annual leave

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

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

(b) each cashing out of a particular amount of paid annual !eave must be by a separate agreement in writing between the Group and the employee: and

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

14.5 Payment on termination of employment

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

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

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

(ii) the other CBA Group company informs the employee in writing that it will recognise the employee's annual leave entitlements with the CBA Group.

14.6 Leave re-credited

(a) Where an employee is not fit for work durin~ a period of annual leave due to personal illness or injury, the annual leave entitlement may be re-credited subject to t11e employee notifying the Group of their absence as soon as is reasonably practical and producing a medical certificate or statutory declaration that properly describes the nature of their illness/injury and its duration.

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

(i) the employee's maximum carer's leave entitlement;

(ii) the employee notifying Group immediately that they are taking carer's leave; and


(iii) the employee producing evidence to the satisfaction of the Group that it was necessary for them to take carer's leave.

15. Personal & Carer's leave

15.1 Minimum entitlement

An employee will be entitled to personal/carer's leave in accordance with the Act and the additional provisions of this Agreement. These entitlements can be summarised as follows:

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

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

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

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

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

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

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

15.2 Additional personal leave

The following entitlements are in substitution for the relevant entitlements in clause 15.1:

CBA

(a) Where an employee has been employed by CBA for at least 12 months, the employee shall for each year of service after the first 12 months, be entitled to 15 days paid personal/carers leave accrued progressively throughout the year of service, with up to 10 days of that leave being available to be taken as carer's leave.

(b) Employees employed by CBA for at least 12 months as at the date this Agreement commences will be deemed to have accrued personal leave of the greater of:

(i) 8 days for each year of continuous part-time or full-time service (pro-rata for part years) up to a maximum of 160 days; and

(ii) their entitlement under the Act.

(c) Where an employee of CBA has exhausted their entitlements to paid personal leave under this clause 15.2, and appropriate medical evidence exists demonstrating that the employee is likely to return to work within a reasonable timeframe, that employee's Manager Once Removed will have the discretion to grant additional paid personal illness leave. The amount of additional paid personal illness leave will be at the discretion of the Manager Once Removed however the Group will not unreasonably refuse to provide additional paid personal illness leave where evidence supports a return to work within a reasonable time frame.


Colonial and Commlnsure

Personal leave for employees shall accrue as follows:

• 10 days in the first and second years of employment; and

• 12 days in the third year of employment and thereafter.

15.3 Planned health related appointments

(a) Accrued personal leave entitlements may be used for non-routine planned health-related appointments where the requirement for which is supported by medical evidence. The maximum total personal leave entitlement which can be used for this purpose is 5 occasions per year, to a maximum of 24 non-cumulative hours per year (proportionate for part timers). "Medical evidence" means:

• a certificate provided by a registered medical practitioner or dentist, optometrist, optician, radiographer, physiotherapist, chiropractor or podiatrist; or

• a health practitioner other than a registered medical practitioner in circumstances where the employee has either a written referral to that health practitioner by a registered medical practitioner or obtains a registered medical practitioner's written statement that the treatment provided was necessary.

(b) Personal leave for health-related appointments will be granted in hours.

(c) An employee must give at least two weeks' notice of a health-related appointment or a lesser period if agreed between the employee and his/her manager.

(d) An employee's manager may agree at his or her discretion to grant more than 24 hours (proportionate for part time employees) accrued personal leave or grant such leave on more than 5 occasions in a year for this purpose.

(e) Employees may also use accrued personal leave entitlements to accompany their pregnant partner or spouse to pregnancy related medical appointments. The maximum total personal leave entitlement which can be used for this purpose is 8 non-cumulative hours per year. This is in addition to the 24 hours available under clause 15.3(a).

(f) Timing of leave under this clause 15.3 will be at the discretion of the employee's manager. The manager's primary consideration will be business and operational requirements. However consent will not be unreasonably withheld.

16. Parental leave

16.1 Purpose

(a) Full-time and part-time employees are entitled to parental leave in accordance with the NES and this clause 16.

(b) Parental leave is for the purposes of providing care for a newborn baby or for a newly adopted child up to 16 years of age.

16.2 Definitions

For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of 16 years who is placed with the employee for the purposes of adoption, other than a child or step-child of the


employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of 6 months of more.

16.3 Primary Care Giver

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

(b) This can consist of a combination of:

(i) a maximum of 12 weeks continuous paid parental leave (where the employee has had 12 months' continuous service with the Group). Subject to clause 16.3(g) this must include the 6 weeks' compulsory post-natal leave;

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

(iii) annual leave;

(iv) long service leave;

(v) unpaid parental leave; and

(vi) paid leave under any government scheme.

(c) Employees in receipt of paid parental leave can choose to take their leave on full pay, half pay or a combination of both.

(d) The 12 weeks' paid parental leave must be taken in one continuous period, and cannot be split.

(e) Parental leave may commence up to 20 weeks prior to the expected date of birth.

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

(g) Where the Group and the employee agree, the employee may take annual leave during the 6 weeks compulsory post-natal leave. However, this may not be taken in such a manner as to split the taking of paid parental leave.

(h) An employee returning to work from a period of unpaid parental leave taken as the Primary Care Giver is eligible to receive superannuation contributions at the Superannuation Guarantee Levy rate calculated on their Base Rate of Pay (as at the commencement of their unpaid Parental Leave) for up to, but not exceeding 40 weeks (or such other period as determined by the Group) of unpaid parental leave, provided that they have been back at work for 6 months (or such other period as determined by the Group).

16.4 Secondary Care Giver

(a) A secondary carer is entitled to concurrenUsimultaneous parental leave of up to 8 weeks in accordance with the NES. This leave must commence in the period beginning one week before the expected date of the birth of the child or placement of an adopted/fostered child and up to 2 weeks after the birth or placement.

(b) This can consist of a combination of:

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


(ii) annualleave;

(iii) long service leave; and

(iv) unpaid parental leave.

16.5 Cancellation of Parental Leave

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

(b) Where a miscarriage occurs in the last 20 weeks of pregnancy, the employee is entitled up to 6 weeks' paid parental leave from the date of miscarriage, if requested.

(c) Where a child is still-born, up to 6 weeks' paid parental leave will be approved from the date of delivery, if requested.

(d) Where a child dies within 6 weeks of birth, the Primary Care Giver is entitled to paid parental leave for the balance of the 6 weeks and is also entitled to compassionate leave in accordance with this Agreement.

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

16.6 Adoption Specific Conditions

(a) In the case of adoption, parental leave can be commenced a maximum of 1 week prior to the date of the placement of the child.

(b) Where an employee is already on parental leave but placement of the child does not proceed, the employee must notify the Group immediately. A return to duty date, which will not exceed four weeks from receipt of the notification, will then be nominated.

16.7 General provisions relating to Parental Leave

The rights and obligations of employees and the Group with respect to parental leave are otherwise set out in the NES.

17. Domestic and family violence leave

Employees may take domestic and family violence leave in accordance with the applicable Group policy (as amended from time to time).

18. Other Leave (including Community Service Leave)

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

(b) All applications for military leave must be supported by a certificate from the relevant military authority.


(c) Nothing in this clause 18 is intended to detract from an employee's rights under the Defence Reserve Service (Protection) Act 2001.

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

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

19. Termination of employment

19.1 Notice of termination by the Group

(a) In order to terminate the employment of a part time or full time employee, the Group must give to the employee the following period of notice:

Period of continuous service Period of notice*

Not more than 1 year 1 week

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

More than 3 years but not more than 5 years 3 weeks

More than 5 years 4 weeks

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

(b) the Group may elect to make a payment to the employee, in lieu of all or part of the notice period.

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

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

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

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

(i) in the case of dismissal for serious misconduct;

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

(iii) to casual employees.

(e) The term "continuous service" means unbroken service with the Group.


19.2 Notice of termination by an employee

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

19.3 Casual and temporary employees

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

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

19.4 Job search entitlement

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

20. Superannuation and salary sacrifice

(a) The Group will provide superannuation contributions in accordance with the Superannuation Guarantee legislation in addition to the salaries provided for in clauses 5 of Division B, 4 of Division C, 4 of Division D and 2 in Division E.

(b) Such contributions will be made to Commonwealth Bank Group Super. However, employees may elect to have contributions made to an alternative complying fund in accordance with applicable legislation. Further, nothing in this clause 20(b) is intended to affect any arrangements in place at the commencement of this Agreement regarding the fund into which an employee's superannuation contribution is made.

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

(d) Without limiting the Group's discretion as to whether or not it will agree to any particular salary sacrificing arrangement, the Group may issue guidelines from time to time as to what salary sacrificing arrangements are acceptable to the Group.

21. Daylight saving

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


22. Consultation and resolution of disputes

22.1 The Group to notify

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

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

22.2 The Group to discuss change

(a) The Group must discuss with the FSU and the employees affected, the introduction of the changes referred to in clause 22.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give genuine consideration to matters raised by the employees and/or the FSU in relation to the proposed changes.

(b) The discussions must commence as early as practicable after the decision has been made by the Group to make the changes referred to in clause 22.1. These discussions will provide an opportunity to influence how the decision is implemented.

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

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

(e) An employee may choose to be represented for the purposes of this clause 22.2.

22.3 Change to regular roster or ordinary hours of work

(a) Where the Group has made a decision to change the regular roster or ordinary hours of work for an employee, the Group must:

(i) provide information to the affected employee(s) about the change;

(ii) invite the affected employee(s) to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

(iii) consider any views given by the affected employee(s) about the impact of the change.

(b) An employee may choose to be represented for the purposes of this clause 22.3.

22.4 Resolution of disputes

(a) This clause 22.4 applies to disputes arising about:


(i) this Agreement; and

(ii) the National Employment Standards as prescribed by the Act.

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

(c) Where the dispute cannot be resolved at the workplace level, the employee should raise the issue with their Manager Once Removed.

(d) Where the dispute cannot be resolved with the employee's Manager Once Removed, the employee should raise the issue with their Manager Twice Removed.

(e) If the dispute cannot be resolved at the workplace level or it is not practicable to genuinely resolve the dispute at the workplace level, a party or their representative may refer the dispute to the FWC for conciliation.

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

(g) Except as provided for in clause 22.4(j), the FWC can make a recommendation in relation to the matter being dealt with in the dispute and such recommendation will be binding upon the parties. The parties will, however, not be bound to follow recommendations of the FWC which have a general application.

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

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

U) Clause 22.4(g) does not apply to any provisions of this Agreement which relate to:

(i) incentive payments;

(ii) performance bonuses;

(iii) performance assessment;

(iv) staffing;

(v) personal leave which is at the discretion of the Group;

(vi) consultation, including under clause 22.3; or

(vii) the right of the Group to:

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


• determine whether, or not to redeploy an employee, including on secondment.

Page 22

23. Union Relationship

23.1 FSU Workplace Representatives

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

23.2 Trade Union Training Leave

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

(a) "Approved" courses include those conducted by or under the auspices of the FSU or an organisation with which the FSU is affiliated.

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

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

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

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

23.3 lndustrialleave

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

(b) The FSU Will provide written notification annually to the Group advising of which FSU members hold honorary positions and the potential extent of time required to carry out their duties.

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

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

(i) Local Enterprise Council Delegate

(ii) Local Executive Delegate

(iii) National Enterprise Delegate


(iv) National Executive Delegate

(v) Deputy National Executive Delegate

(vi) Conference Delegate

23.4 Cap on leave

The Group as a whole (all business units of the Group) will provide not more than a total of 500 days per annum paid leave for absences granted under this clause 23.


Schedule 1 - Supported wage

1. This Schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this Agreement.

2. In this Schedule:

2.1 Approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system.

2.2 Assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

2.3 Disability Support Pension means the Commonwealth Government pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

2.4 Relevant minimum wage means the minimum wage prescribed in this Agreement for the class of work for which an employee is engaged.

2.5 Supported Wage System (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full Agreement wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the JobAccess website (www.jobaccess.qov.au).

2.6 SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee's productive capacity and agreed wage rate.

3. Eligibility criteria

3.1 Employees covered by this Schedule will be those who are unable to perform the range of duties to the competence level required within the class for which the employee is engaged under this Agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

3.2 The Schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this Agreement relating to the rehabilitation of employees who are injured in the course of their employment.

4. Supported wage rates

4.1 Employees to whom this clause applies shall be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity clause (d)]

10%

20%

30%

40%

50%


[sub- % of prescribed Agreement rate

10%

20%

30%

40%

50%

Page 25

Assessed capacity clause (d)]

60%

70%

80%

[sub- % of prescribed Agreement rate

60%

70%

80%

00% 00% 4.2 Provided that the minimum amount payable must be not less than $82 per week

4.3 Where an employee's assessed capacity is 10%; they must receive a high degree of assistance and support.

5. Assessment of capacity

5.1 For the purposes of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and the employee, and if the employee so desires, a union which the employee is eligible to join.

5.2 Assessment made under this Schedule must be documented in a SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.

6. Lodgement of SWS wage assessment agreement

6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage ot the relevant minimum wage to be paid to the employee, must be lodged by the employer with the FWC.

6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union covered by this Agreement is not a party to the assessment, the assessment will be referred by the FWC to the union by certified mail and the agreement will take effect unless an objection is notified to the FWC within 10 working days.

7. Review of assessment

7.1 The assessment of the applicable percentage should be subject to annual review or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the support wage system.

8. Other terms and conditions of employment

8.1 Where an assessment has been made, the applicable percentage will apply to the relevant wage rate only. Employees covered by the provisions of the schedule will be entitled to the same terms and conditions of employment as all other workers covered by this Agreement paid on a pro rata basis.

9. Workplace adjustment

9.1 An employer wishing to employ a person under the provisions of this Schedule must take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other workers in the area.

10. Trial Period

10.1 In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this schedule for a Trial Period not exceeding 12 weeks,


except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

10.2 During that Trial Period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

10.3 The minimum amount payable to the employee during the Trial Period must be no less than $82 per week.

10.4 Work trials should include induction or training as appropriate to the job being trialled.

10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the Trial Period, a further contract of employment will be entered into based on the outcome of assessment under clause 5 of this Schedule.


Division B - CBA

1. Application of this Division

(a) This Division will be binding upon CBA throughout Australia in respect of all employees employed in the classifications set out in this Division.

(b) Where this Division deals with a condition contained out in Division A, this Division will apply.

2. Definitions

In this Division B:

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.

Continuous Service means service under an unbroken contract of employment with CBA and includes paid leave of absence under clause 16 of Division A of this Agreement. Absences on !eave without pay authorised by CB,a, including unpaid parental leave and career breaks do not break service but do not count as service.

Employee means an employee to whom this Division applies by virtue of clause 1.

Ordinary time and ordinary rates have the same meaning - it is the Base Rate of Pay plus any skill utilisation loading or any higher duty allowance applicable.

Relevant Period is a period of up to 4 weeks over which the hours worked by an employee may be averaged.

Salary has the same meaning as Base Rate of Pay.

3. Basis of engagement

3.1 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 7 of this Agreement.

(b) Part time employee means an employee who is engaged to work less than the standard hours under clause 7 and in accordance with clause 7.1(g). Unless otherwise provided in this Agreement, pro rata full time salary and conditions of service apply to part time employees.

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

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

Division B: CBA Page 28

3.2 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.

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

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

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

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

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

(g) Leave

(i) A casual employee who is engaged on a regular and systematic basis over the relevant service period in clause 11 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.

U) 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.

(I) 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 5 Salaries (subject to clause 3.2(e));

(ii) clause 7 Hours;

(iii) clause 14 in Division A Annual Leave;

(iv) clause 15 in Division A Personal Leave;

(v) clause 16 in Division A Parental Leave;

(vi) clause 13 Redundancy;

(vii) clause 14 Allowances; and

(viii) clause 15 Preserved Conditions.

3.3 Mobile Bankers

(a) This r.IFJusP. sP.ts out thfl FJitP.rnFJtivP. FJrrFJngP.mP.nts thFJt will apply to Mohilfl BFJnkP.rs.

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

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

(i) performance payments;

(ii) overtime and separate attendance;

(iii) rostered days off;

(iv) shift allowance;

(v) higher duty allowance;

(vi) Saturday and Sunday loadings;

(vii) meal allowance;

(viii) on-call allowance; and

(ix) telephone availability allowance.

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

(e) Clause 1 0 in Division A applies to Mobile Bankers and a reference in that clause to remuneration provided under this Agreement includes remuneration provided to Mobile Bankers.

4. Job Classifications

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


5. Salaries

5.1 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.

5.2 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 20 in Division A.

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

(d) Where an Old Individual Agreement (as defined in clause 12.3(d} in Division A}, AWA, ITEA or Individual Arrangement terminates, the employee's new salary will be the higher of:

(i) the applicable minimum rate (under the Commonwealth Bank Group Enterprise Agreement 2014) as at 30 June 2015 plus any pay increases which would have applied if the employee had not been employed under the Old Individual Agreement, AWA, ITEA or Individual Arrangement at the time of the increase, or

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

5.3 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 the higher duty allowance if absent on sick leave or annual leave for more than one week unless he or she has been relieving in the position for at least 3 months.

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

5.4 Performance bonuses

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

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


Performance review rating Performance pay % of Actual Salary

GC & Service Staff AM M

"Meets Expectations" or 3% 4.5% 6% "Valued Contribution"

"Exceeds Expectations" or 4.5% o% l.b% "Superior Contribution"

"Exceptional" or "Exceptional 9% 10.5% 15% Contribution"

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

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

(II) Unpaid leave will not be included for PRP calculations.

(iii) PRP will be included for superannuation calculations.

(iv) In the case of retrenchment or retirement prior to the end of the performance year, PRP paymenis subjeci io ihe PFR raiing will be made on a pro-rata basis.

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

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

(vii) CBA may also make performance related payments to employees during the course of a financial year; any such amounts will be credited towards an employee's entitlement to a PRP payment under clause 5.4(b) and (c).

(d) The determination of an employee's performance rating and the setting of targets is within the complete discretion of CBA.

5.5 Performance assessment

(a) While the determination of an employee's performance rating and the setting of targets is within the complete discretion of CBA, the provisions of this clause 5.5 set out the principles to be considered in the performance assessment process.

(b) The performance assessment process will be based on both performance objectives (inclusive of measures and targets) and values based behaviours. The performance objective and assessment processes may include team based and other broader objectives and measures. The performance objectives will be reviewed by CBA and effectively communicated to employees.

(c) In setting performance objectives and determining whether those performance objectives have been met, the factors that will be considered will include, but shall not be limited to the following:

Division B: CBA

(i)

(ii)

staffing numbers in the employee's workplace;

market factors;

Page 32

(iii) provision of appropriate and relevant training to perform current job roles;

(iv) the employee's experience; and

(v) approved absences from normal duties.

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

(e) The performance appraisal process will be fair and transparent.

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

6. Travel

6.1 Travel between work and home

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

(b) CBA may:

(i) require employees to share taxis; and

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

(c) Agreement may be reached, between CBA and an employee to whom this clause 6.1 applies, in respect to alternative transport arrangements to more appropriately assist an employee to address the impact of late finishing times. This could include the participation in a car pool or where available, provision of secure parking. Any agreement between CBA and an employee will be voluntary and either party will have the freedom to accept or reject an offer of alternative arrangements by the other. Where an offer is rejected the provisions of clause 6.1(a) and 6.1(b) will continue to apply.

7. Hours

7.1 Span of hours

(a) The ordinary hours of work for full time employees will be 3B hours per week which may be averaged out over a period of up to 4 weeks and may be paid on the basis that the employee worked 3B hours each week. The 4 week period will be determined in accordance with CBA's roster and pay cycles.

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

Division B: CBA

(i) Branches (including Business Banking Branches):

• Bam to 9pm, Monday to Friday inclusive;

• Bam to 5pm, Saturday and Sunday.

(ii) All other employees:

(1)

(2)

Bam to Midnight, Monday to Friday inclusive;

Bam to Bpm, Saturday and Sunday. Page 33

(c) On engagement, CBA will notify the employee of the hours to be worked by them, which may be subject to change under clause 7.1(d).

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

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

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

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

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

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

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

Division B: CBA

(i) The employee's Manager will discuss the need for change with the employee and will provide all necessary and appropriate information, for example, the rationale for the changes and an outline of what factors have been considered to mitigate any reduction in hours of work, such as natural attrition and relocation. These discussions will be open and will take into account the operational and customer requirements of the work area as well as relevant personal or family responsibilities of the employee. The Manager must reasonably consider the employee's preferred working arrangements, including days of work and work locations and the employee may develop options for consideration by their Manager to achieve the change required. The process outlined in this clause will generally be completed in a week.

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

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

(iv) Where there is difficulty in meeting the proposed working arrangements the Manager and the employee will refer the matter to the Employee's Manager Once Removed. If the Manager Once Removed is unable to resolve the matter it will be referred to the employee's Manager Twice Removed for a decision. In considering the issues, the Manager Once Removed and the

Page 34

Manager Twice Removed will have regard to the issues raised under this clause 7.

(v) The processes set out in this clause 7(h) will not apply where there is a pressing operational necessity. However, once the pressing operational necessity ceases, the employee will revert to their previous working arrangements. Further, in changing any arrangements under this clause 7.1(h), CBA must still have regard to the employee's family and carer's responsibility.

(i) CBA may require employees to work reasonable overtime.

7.2 Rostered days-off

(a) The ordinary hours of work referred to in clause 7.1(a) shall be worked so as to provide employees with rostered days off (RDOs) in accordance with this clause 7.2. However, such RDO shall not be counted as part of the 38 hours per week.

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

(c) Accumulating and cashing-out RDOs.

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

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

(iii) Where an RDO is carried forward in terms of clause 7.2(c)(ii) above the employee may elect to reschedule the RDO to a subsequent quarter within the same calendar year or up to six RDOs may be deferred and paid out at ordinary time at the end of the calendar year.

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

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

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

(i) sick leave (including sick leave on workers compensation);

(ii) long service leave;

(iii) parental leave (at full or half pay);

(iv) leave without pay;

(v) career break;

(vi) special leave (where absences exceed nineteen working days); and

(vii) full time study leave.

(g) For the avoidance of doubt, this clause 7.2 does not apply to employees other than full-time employees.

7.3 Overtime


(a) Subject to clause 7.3(c) overtime will be payable where a full-time employee is required by CBA to work:

(i) outside the span of ordinary hours set out in clause 7.1(b);

(ii) more than ten hours of duty, or 12 hours of duty where the employee had agreed to work 12 hours under clause 7.1(e), (exclusive of meal breaks) on any one day; or

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

(b) Subject to clause 7.3(e), in the case of a part-time employee overtime will be payable if the employee works:

(i) in excess of the agreed hours (which includes any additional hours under clause 7.1(g)) of duty on any one day;

(ii) in excess of 10 hours per day; or

(iii) outside the span of ordinary hours set out in clause 7.1 (b).

Interpretation of this clause: this clause 7.3 is not intended to change the manner in which over-time is calculated for part-time employees from that in place immediately prior to the commencement of the Commonwealth Bank Enterprise Agreement 2010.

(c) Overtime is not payable:

(i) where the relevant hours are only being worked because of an averaging arrangement under clause 7.1(a) or for such hours that the employee has been released from duty in the same pay fortnight as which the hours were worked;

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

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

(e) In circumstances where:

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

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

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

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

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


(i) accrual is by agreement between the business unit and the employee;

(ii) accrued time will be calculated at one hour for each hour of overtime worked;

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

(iv) accrued time which cannot be taken within a 3 month period from the time overtime was worked, or before termination of employment, will be paid out at overtime rates as prescribed in clause 7.3(d);

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

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

(i) on weekdays at overtime rates; or

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

0) Where an employee is entitled to be paid overtime for a particular period of time under more than one provision of this clause they will be paid the highest of the entitlements but will not be paid under more than one provision, provided that an employee is not entitled to be paid for accrued time in lieu of overtime other than in accordance with clause 7.3(h)(iv).

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

7.4 Ordinary hours worked on weekends

(a) Employees commencing employment in Direct Banking after 16 May 2001 or elsewhere in CBA after the commencement of the Commonwealth Bank Enterprise Agreement 2010 may be employed on the basis that they can be required to work on weekends. Provided that paragraph 7.4(b) will apply to an employee where that employee is not rostered to work on a weekend within six months of their commencing employment.

(b) Employees other than those covered by clause 7.4(a) may be rostered to perform ordinary hours on weekends on the following basis:

(i) the employees genuinely volunteering to work on weekends;

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

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

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

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

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

7.5 Meal break and tea break


(a) Unless otherwise agreed, employees will not be required to work more than 5 hours without an unpaid meal break of a minimum of 45 minutes duration. The meal break may be reduced to 30 minutes if CBA and the employee agree. Subsequent meal breaks will become due if an employee is required to work for more than 5 % hours after resumption of duty from the previous meal break, unless he/she is due to cease work within 30 minutes of the subsequent meal break becoming due.

(b) An employee who becomes entitled to a subsequent meal break may elect not to take such a break.

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

7.6 Rest period

(a) Subject to clause 7.6(b), an employee will be entitled to not less than 10 consecutive hours off duty between the end of his or her ordinary day or shift and the commencement of his or her ordinary work on the next day or shift, unless otherwise agreed.

(b) If on the instructions of CBA, an employee is required to resume or continue work without having had 10 consecutive hours off duty, he or she will be paid at double the relevani ordinary raie of pay, uniil 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.

7.7 Staffing

(a) This clause 7.7 sets out the principles to be considered in staffing issues and except as elsewhere provided in this Agreement, the determination of staffing is within the complete discretion of CBA.

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

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

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

8. Shift work

8.1 Preservation of entitlements

(a) Employees who were working shiftwork immediately prior to the commencement of the Commonwealth Bank Enterprise Agreement 2010 shall be covered by item 6 of Schedule C. Where there is reference to hours and averaging of hours in this clause 8, the ordinary hours to be worked over 19 days for those employees, provided for in item 6, will remain at 145 hours.

(b) Employees who were working shiftwork immediately prior to the Commonwealth Bank Enterprise Agreement 2010 shall be entitled to the shift loading in item 6 of Schedule


C which would, but for that Agreement, have applied to them for such time as they continue to work in the same role in which they were engaged at the commencement of the Commonwealth Bank Enterprise Agreement 2010.

8.2 Definitions

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

(i) is regularly rostered to work those shifts; and

(ii) regularly works on Sundays and public holidays

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

8.3 Requirement to work shifts

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

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

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

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

(e) Rosters will be arranged so that no five day shiftworker is rostered to work Tuesday to Saturday shifts for more than 6 months per year.

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

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

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

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

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

8.4 Ordinary working hours

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

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


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

(d) Clause 7.6 Rest period and clause 7.5 Meal Break and Tea Break apply to shiftworkers.

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

(f) CBA may require shiftworkers to work reasonahle overtime.

8.5 Meal allowance

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

(i) overtime and in excess of 9% hours (excluding meal breaks) on any day/shift; or

(ii) overtime and in excess of 5% hours on a weekend or public holiday.

(b) A further meal allowance payment will become due for each additional period of 5% hours.

8.6 Overtime

(a) Subject to clause 8.6(b) overtime will be payable where a full-time employee is required by CBA to work:

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

(ii) subject to clause 8.6(d), in the case of a part-time employee overtime will be payable if the employee works:

( 1) in excess of the agreed hours (which includes any additional hours under clause 7.1(g)) of duty on any one day; or

(2) in excess of 10 hours per day.

(3) Interpretation of this clause: this clause 8.6(a)(ii) is not intended to change the manner in which over-time is calculated for part-time employees from that in place immediately prior to the commencement of the Commonwealth Bank Enterprise Agreement 2010.

(b) Overtime is not payable:

(i) where the relevant hours are only being worked because of an averaging arrangement under clause 8.4(a) or for such hours that the employee has been released from duty in the same pay fortnight as which the hours were worked; or

(ii) where the relevant hours are worked because an employee has accrued an ROO and such hours will paid at ordinary rates.

(c) Overtime is:

Division B: CBA

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

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

Page 40

(d) In circumstances where:

(i) a public holiday falls on a day normally worked by a part-time employee and by agreement between CBA and the employee an additional day is worked either prior to or following the holiday, maximum hours in that week (including the holiday) will not exceed 3B and payment for the additional hours will be at ordinary hours rates;

(ii) a part-time employee, on a voluntary basis, attends a full time training course, payment at ordinary hourly rates will be made on a day to day basis up to a maximum of 3B hours per week. A full day (irrespective of hours actually worked up to 7.6) will count and be paid as 7.6 hours.

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

(i) accrual is by agreement between the business unit and the employee;

(ii) accrued time will be calculated at one hour for each hour of overtime worked;

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

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

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

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

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

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

(i) Where an employee is entitled to be paid overtime for a particular period of time under more than one provision of this clause they will be paid the highest of the entitlements but will not be paid under more than one provision, provided that an employee is not entitled to be paid for accrued time in lieu of overtime other than in accordance with clause B.6(e)(iv).

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

8. 7 Weekends and public holidays

The following loadings will be payable for ordinary time worked on weekends:

(a) A loading of 50% will apply to work performed on Saturday for hours worked between Bam to Bpm. A loading of 100% will be paid for work performed outside these hours.

(b) A loading of 75% will apply to work performed on Sunday for hours worked between Bam to Bpm. A loading of 100% will be paid for work performed outside these hours.

(c) Five day shiftworkers

(i)

Division B: CBA

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

Page 41

(ii) Where a public holiday falls on a day a five day shiftworker is rostered to work and he or she works on that day, he or she will be entitled to a separate attendance payment under clause 8.6.

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

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

(d) Seven day shiftworkers

(i) Shifts in which the majority of rostered shift hours fall on a Public Holiday attract a penalty payment equal to 1 00% of the employee's salary. For shifts worked on a public holiday only, the employee will also be entitled to an additional day's leave at ordinary time.

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

(iii) A seven ril'ly shiftworker mF~y eler.t to tF~ke l'l riF~y's leF~ve instead of the special holiday payment.

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

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

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

8.8 Shiftwork/lncome Maintenance Allowance

(a) Income maintenance provisions will apply where an employee on shift duties is redeployed, transferred, promoted or moved for career development to non-shift duties.

Division 8: CBA

(i) These provisions will apply to all CBA shiftwork areas and employees carrying out shift duties who have continuously worked shifts for two years or more. Continuity will not be broken by periods of leave such as -

• sick leave;

• parental leave;

• long service leave;

or temporary movement from shift duties to undertake special projects; or study leave or periods of training related to the position.

Example of continuous service: Commences at take-up of shift duties, excludes period of leave and recommences from date of return to duty, e.g. six years shift service + twelve months leave + six months shift duty on return from leave equates to 6.5 years continuous shift service.

Page 42

(b) An employee moved from shift duties will retain his/her shift loading for the prescribed period as follows:

Full shift allowance will be maintained for twelve months from the date the employee ceases shift duties. This Annualised Shift Allowance (ASA) will be calculated by deducting the Salary applicable to the employee's classification (prior to assuming the new position) from the employee's actual earnings, excluding overtime, higher duty and other allowances (excluding shift allowance) over the last full twelve months in which they carried out shift duties. This figure will form the ASA for calculation of Salary.

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

at 1/1/2011

at 1/1/2012

at 1/1/2013

at 1/1/2014

at 31/12/2014

full ASA paid

ASA reduced by 25%

ASA reduced by 50%

ASA reduced by 75%

Payment of ASA ceases.

The ASA component will be reduced by any shift allowance (if applicable) related to the position newly occupied. During this phase out period, except in the case of annual leave, RDOs and attendance at a CBA training course, these phase out arrangements will not be paid during any absence from duty.

The phase out period will continue to run during such absences and will be extended only for periods of parental leave and extended sick leave (greater than three weeks continuous). In such circumstances, the phase out arrangements will apply over a period extended by the duration of such leave.

(c) All promotional salary increases and increases as a consequence of CBA enterprise agreements, taking effect from the cessation of shift duties will not include the ASA component for calculation. ASA will not be included in the Annual Performance Related Payment Scheme. ASA will stand alone and be paid in addition to Salary.

(d) Prior to any decision being taken to move an employee to a non-shift position by way of transfer or promotion, consultation and discussion will be held with the employee and his/her views will be taken into consideration, however the final decision will be taken by the CBA.

(e) Should the non-shift position be subject to a redundancy situation and the employee is unable to be redeployed in accordance with this Agreement, on retrenchment, the pay will include any ASA component for salary purposes.

9. Moving day

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

10. Annual leave

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


(a) skill utilisation loading;

(b) district allowance;

(c) field staff allowance;

(d) living away from home allowance; or

(e) relieving allowance.

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

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

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

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

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

11. Long Service Leave

(a) Employees will be entitled to long seNice leave for completed years of seNice on the following basis:

Length of service Long service leave entitlement

at 1 0 to 20 years of service 6.5 working days for every completed year of seNice.

21-35 years of seNice 8. 7 working days for every completed year of seNice.

36 or more years of seNice 6.5 working days for every completed year of seNice.

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

(c) Unless otherwise agreed in writing, all employees are required to provide at least 6 months' notice of their intention to take long seNice leave of four weeks or more and reasonable notice of their intention to take less than four weeks leave. Unless an employee provides this minimum period of notice, he/she may not be entitled to take long seNice leave.

(d) Taking of long seNice leave of any duration will be subject to the business needs of CBA and subject to approval by each employee's Manager.

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

Division 8: CBA Page 44

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

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

12. Public holidays

12.1 Observation of public holidays

The following days are public holidays:

(a) New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, ANZAC Day, Queen's Birthday holiday, Christmas Day and Boxing Day;

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

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

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

(ii)

(iii)

(iv)

(v)

(vi)

Victoria:

Queensland:

South Australia:

Western Australia:

Northern Territory:

Melbourne Cup Day;

Brisbane Royal National Show Day;

Adelaide Cup Day;

Foundation Day;

Picnic Day.

(d) Where a day is legislated, declared, proclaimed, gazetted or otherwise prescribed in a State, Territory or locality within a State or Territory in substitution for any of the days specified in clause 12(a), (b) and (c), such day will be the holiday for the purposes of this Agreement in lieu of the day specified.

(e) Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in this clause 12.1 those days will constitute additional holidays for the purpose of this Agreement.

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

12.2 Working on a public holiday and local holiday

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

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

(i) the request is not reasonable; or

(ii) the refusal is reasonable.

(c) Where an employee works on a public holiday or local holiday, the employee will be paid at double the applicable ordinary rate of pay with a minimum of four hours to be


paid. However, by agreement between the employee and CBA the employee may elect to take an additional day's leave at a time agreed to by CBA and the employee and will be paid at their Base Rate of Pay for time worked on the public holiday.

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

(e) Payment or time in lieu for employees who are five day shiftworkers or seven day shiftworkers for public holidays is dealt with in clause 8.7.

13. Redundancy

13.1 Definitions

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

(i) is no longer required by CBA to be done;

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

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

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

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

(d) Retrenchment means the termination of an employee's employment by CBA by reason of redundancy.

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

13.2 Redundancy and redeployment

Where redundancy situations occur, CBA will make reasonable effo1is to redeploy the employee concerned. All due consideration will be given by CBA to filling vacant positions with suitably qualified employees whose current positions have been declared redundant.

(a) Subject to clauses 13.1(b), (d) and (e), where an employee's position is made redundant, CBA may, in its complete discretion:

Division B: CBA

(i)

(ii)

(iii)

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

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

procure an offer of employment in accordance with clause 13.6; or

Page 46

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

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

(vi) terminate the employee's employment by reason of redundancy.

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

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

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

(i) Location

(ii) Level/classification

(iii) Timing of the redeployment

(iv) Principal duties

(v) Expiration date of the eight month period if relevant.

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

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

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

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

(g) Nothing in this clause 13 is intended to affect the right of CBA to:

(i) make a decision to make a role, position or work redundant; or

(ii) determine which option it will take under clause 13.2(a);

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

13.3 Notice


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

(i) Employees with less than 25 years' service- 6 weeks' notice

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

(b) Where an employee elects to terminate his/her employment at the commencement of the period of notice, or during the period of notice, or CBA so directs, CBA will pay out the outstanding notice to a maximum of 6 or 9 weeks as appropriate in terms of clause 13.3(a). In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with CBA until the expiry of the notice, including payment for any remaining period of notice.

13.4 Severance Pay

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

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

(ii) three weeks' salary for each subsequent year of continuous service; and

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

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

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

(d) An employee is not entitled to a severance payment under this clause 13.4 if they have:

(i) refused to comply with a direction that they be redeployed under clause 13.2(a)(i);

(ii) refused an offer of comparable employment with a CBA Group Company under clause 13.2(a)(ii); or

(iii) refused an offer of comparable employment procured under clause 13.2(a)(iv), 13.2(a)(v), or 13.6.

13.5 Moving House

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

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

(b) for an employee taking up a position outside CBA, CBA will make a flat payment equivalent to that applicable under clause 2.4 of Schedule D.

13.6 Transfer of Employment


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

(b) An employee who does not accept such an offer of employment will not be entitled to any severance payment under clause 13.4.


(a) During the period of notice of termination given by the employer in accordance with 13.3, an employee will be allowed up to one day's time off withoufloss of pay during each week of notice for the purpose of seeking other employment.

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

13.8 Additional benefits

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

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

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

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

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

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

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

(ii) entitlements and options under the relevant superannuation fund; and

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

13.9 Employees exempted

This clause does not apply to:

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

(b) probationary employees;

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


(d) casual employees.

14. Allowances

14.1 Rate of Allowance

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

(b) Preserved allowances are set out in schedule C item 5.

14.2 Meal Allowance

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

(i) overtime and in excess of 9Y. hours (excluding meal breaks) on any day/shift; or

(ii) overtime and in excess of 5Y. hours on a weekend or public holiday.

(b) A further meal allowance payment will become due for each additional period of 5Y. hours.

14.3 On-call Allowances

(a) On-call

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

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

(b) lncontact

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

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

14.4 Skill Utilisation Loading

(a) An employee within general classification grades GC1, GC2 or GC3 who acquires the skills necessary to undertake duties at the next highest classification, on a fully comretent F:Jnd SIJStF:JinF:Jhle hF:Jsis, will he flF:Jid F:J loAding hF:Jsed on 2S % of the difference between base to base rates.

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

14.5 Relieving Allowance

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

Division 8: CBA Page 50

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

14.6 First Aid Allowance

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

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

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

14.7 Interpreter Allowance

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

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

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

14.8 District Allowance

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

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

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

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

(e) A PTE is entitled under this clause to a payment pro rata the entitlement of a Full-time Employee.

(f) District Allowance Review

(i)

Division B: CBA

Within three months of the commencement of this Agreement the CBA will, in consultation with the FSU, develop a project plan for a review of the benefits provided to employees working in locations which may be considered to be

Page 51

eligible for payment of District Allowance. The review will include, but not be limited to:

• an examination of existing over-Agreement payments made to employees; and

• an examination of accommodation benefits provided by CBA.

(ii) The aim of the review will be to identify any changes to payments and benefits provided by CBA which should reasonably be made.

(iii) Matters considered in deciding on the reasonableness of changes will include but not be limited to:

• the cost of changes;

• equity of treatment between employees;

• CBA's remuneration and employee attraction/retention strategies.

(iv) The FSU will be involved as a partner in the project and will be fully consulted regarding recommendations. However final decisions on changes to employees' benefits will solely be made by CBA. The FSU representatives will maintain the confidentiality of any employee entitlement information to which they become privy as part of the review.

(v) !t is intended that the review wi!! be completed by 30 June 2015. Any changes to employee benefits will be introduced administratively by CBA. Administrative changes will not reduce an employee's entitlement under this Agreement.

14.9 Car Allowance

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

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

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

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

14.10 Transferred Staff- Travelling, Removal and Transfer Expenses

The following entitlements apply to an employee transferred by CBA to a location requiring a permanent change of residence.

(a) Travelling expenses

Division B: CBA

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

Page 52

(b) Removal expenses

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

(c) Temporary accommodation expenses

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

(d) Transfer expenses

The payments prescribed in clause 02.4 of Schedule D will be made upon an employee taking up residence. When an employee is setting up home for the first time, no allowance will be payable. An employee required to change CBA provided accommodation in the same town will be entitled to payment of 35% of the relevant amount.

(e) Time off duty

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

15. Preserved conditions

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

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

16. Transition to Retirement

(a) Employees who have indicated their intention to retire from CBA may request that CBA agree to a retirement transition arrangement. The decision to grant such a request will not be unreasonably refused.

(b) As part of a retirement transition arrangement an employee may request to utilise existing flexible working practices, including but not limited to job sharing arrangements and a reduction in working hours. In addition an employee may request to use either of the following options:

Division B: CBA

(i) use accrued Long Service Leave for the purpose of reducing the employee's working hours whilst retaining their previous type of employment as provided by clause 3.1 and span of hours as provided by clause 7.1; or

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

Page 53

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


Schedule A - Classifications

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

1 Grade: GC1

In this grade:

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

Authority

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

Problem Solving

Guidance and Feedback

People Skills Required

Scope/Impact

2 Grade: GC2

In this grade:

Accountability and Authority

Knowledge and Experience

Problem Solving



Division B: CBA

• Roles can entail basic service or operational work.

• Numeracy and literacy requirements must be met for entry to the role, but no previous experience and little training is necessary.

•

•

•

•

•

• •

• •

• •

•

•

•

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

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

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

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

An employee is accountable for the work of the role as a member of a team and to demonstrate expected team behaviours as defined in Bank policy.

Roles are routine and repetitive .

A wider operational knowledge of standard procedures than at GC1 is required.

A basic understanding of products and services may be required .

Roles may include basic customer service or support or operational work.

Some experience may be required for entry to a role .

As a guide, up to 2 months may be required to acquire the necessary knowledge for the role.

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

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

Ordinary courtesy and effective day to day communication with the supervisor and the rest of the team is required. May require basic courtesy and tact in dealing with customers but not sales or influencing

Page 55

Scope/Impact

3 Grade: GC3

In this grade:



Problem Solving



Scope/Impact

4 Grade: GC4

In this grade:



Division B: CBA

•

•

• •

•

•

• •

•

•

•

•

•

•

•

• •

•

•

•

• •

skills.

Some on the job (side by side) only training of other team members in job procedures or equipment use may be required.

An understanding is required of the function of the immediate team and how it relates to the work unit.

The work of the role has some influence on team outcomes .

There are no budget accountabilities .

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

Roles require demonstrable operational knowledge of a range of work routines, policies and procedures, some of which will be used infrequently.

Basic knowledge of products and services may be required .

Roles may include customer service and basic sales, or support or operational work.

Experience in some aspects of the work is usually required for entry to a role.

As a guide, up to 3 months may be required to acquire the necessary knowledge for the role.

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

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

Effective communication with the supervisor, rest of the team and customers is required. May require basic sales skills.

Some on the job (side by side} only training of other team members may be required.

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

The work of the role has some influence on team outcomes .

There are no budget accountabilities .

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

If role is a work group leader (cannot be a supervisor) tasks may include overseeing the work of other team members and some lesser supervisory functions.

Roles require a good operational knowledge of work routines, policies and procedures. May act as an information point of reference for other team members.

A good operational knowledge of products and services is required .

A wide variety of roles may be encompassed including customer

Page 56

Problem Solving



Scope/Impact

5 Grade: AMA

In this grade:



Problem Solving


People Skills

Required Scope/Impact

Division B: CBA

• •

•

service, sales, support or operational work.

• Experience in some aspects of the work is usually required for entry to a role.

• As a guide, around 4 - 6 months may be required to acquire the necessary knowledge for the role.

•

•

•

There is more discretion than at lower levels but problems are mostly familiar. Where unusual problems arise reference to or advice from others at higher grades may be required.

Supervision is direct and periodic and is less frequent than for a GC3.

Effective communication with the supervisor, rest of team and customers is required. May require sales or influencing skills.

• If work group leader tasks are part of the role, skills in assigning and reviewing work (but not performance appraisal) are required.

• Some on the job training of other team members may be required.

An understanding is required of the function of the team and the work unit.

• The work of the role has some influence on the team.

• Work may involve some input into setting budgets for the work team.

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

Roles may entail supervisory or team leader authorities and accountabilities.

A very good operational knowledge of policies and procedures applicable in the team is required.

• A general working knowledge of complex products and services may be required.

• A wide variety of roles may be encompassed including customer service and sales, basic technical advice/research support work.

• Reasonable experience in similar work is usually required for entry to a role.

• As a guide, up to 6 months may be required to acquire the necessary knowledge for the role.

• Similarity of problems is encountered with resolution possible from a small range of options or by applying acquired knowledge.

• Work can require recognition of unusual issues needing expert advice.

•

•

Direct and periodic supervision (e.g. every few days to weekly) applies.

Interpersonal communication and influencing skills are of some importance.

• Skills in assigning and reviewing work and performance appraisal recommendations may be required.

• •

•

Work requires an understanding of the functions of the work unit.

Roles do not have budgetary control but may have some input into setting budgets for the work team.

Roles may include management of a small portfolio of very low Page 57

6 Grade: AMB

In this grade:

Managerial Accountability and Authority


Problem Solving



Scope/Impact

7 Grade: AMC

In this grade:



Division B: CBA

•

• •

•

•

•

•

•

•

•

•

complexity business.

An employee is able to exercise the full range of minimum managerial authorities and accountabilities as required by CBA

Roles may involve leading and managing a small team .

An understanding of a range of moderately complex policies and procedures is required.

A sound working knowledge of more complex products and services may be required

A wide variety of roles may be encompassed including customer service and sales, basic to Intermediate technical advice/ research support work

Reasonable experience in similar work is usually required for entry to a role.

As a guide, in excess of 6 months may be required to acquire the necessary knowledge for the role.

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

Solutions to problems can be available from procedural guidelines or precedents.

Roles involve analysing aspects of a system or process in order to anticipate and address operating problems or recommend improvement opportunities to higher levels for decision.

Roles are generally subject to guidelines and more limited and indirect supervision, but with ready access to expert advice.

• Roles may have some discretion to vary from established procedures and to plan own work and the work priorities of others.

• Interpersonal communication and influencing skills are of increased importance.

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

• • •

•

• •

•

•

Work requires an understanding of the functions of the business unit

Roles may be accountable for a pre-set budget.

Roles may manage a small portfolio of low complexity business .

An employee is able to exercise the full range of minimum managerial authorities and accountabilities as required by CBA.

Roles may involve leading and managing a small team .

A good understanding of a range of moderately complex policies and procedures is required.

A sound working knowledge of more complex products and services may be required.

A wide variety of roles may be encompassed including specialised

Page 58

Problem Solving



Scope/Impact

8 Grade: AMD

In this grade:



Problem Solving

Division B: CBA

sales, service and advice, intermediate technical advice/ research support work.

• Significant experience in similar work is usually required for entry to a role.

• As a guide, in excess of 6 months may be required to acquire the necessary knowledge for the role.

• Work involves addressing a wider range of problems than at lower grades with more freedom to think. Solutions to problems can be available from procedural guidelines or precedents.

• Roles involve analysing aspects of a system or process in order to anticipate and address operating problems or recommend improvement opportunities to higher levels for decision.

• Roles are generally subject to guidelines and more limited and indirect supervision but with ready access to expert advice.

• Roles may have some discretion to vary from standard procedures and to plan own work and the work priorities of others.

• Interpersonal communication and influencing skills continue to rise in importance.

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

• Work requires a developed understanding of the functions of the business unit.

• Roles are likely to be accountable for a pre-set budget and may have input into its formulation.

• Roles may entail managing a small portfolio of generally low to moderate complexity business.

•

• •

An employee is able to exercise the full range of minimum managerial accountabilities and authorities as required by CBA.

Roles may involve leading and managing a moderately sized team .

A developed understanding of a range of complex policies and procedures is required.

• An advanced working knowledge of more complex products and services may be required.

• A wide variety of roles is encompassed including relatively specialised and complex sales, service and advice, high intermediate technical advice/ research support work.

• Significant experience in similar work is required for entry to a role.

• As a guide, in excess of 6 months may be required to acquire the necessary knowledge for the role.

•

•

Work involves addressing a wider range of problems than at lower grades with more freedom to think. Solutions to problems can be available from procedural guidelines or precedents.

Roles involve analysing aspects of a system or process in order to anticipate and address operating problems or recommend improvement

Page 59



Scope/Impact

9 Grade: MA

In this grade:



Problem Solving



Scope/Impact

Division B: CBA

• opportunities, generally for decision at higher levels.

Roles are generally subject to guidelines and more limited and indirect supervision, but with ready access to expert advice.

• Roles may have more discretion to vary from established procedures and to plan own work and the work priorities of others.

• Interpersonal communication and influencing skills need to be well developed

• Negotiation skills and a range of people management skills (e.g. performance management and appraisal, coaching and development) will be required if role is team leader/manager.

• •

Work requires a deeper understanding of the business unit.

Roles are likely to be accountable for a pre-set budget and may have input into its formulation.

• Roles may entail managing a small portfolio of generally moderate complexity business.

•

•

•

An employee is able to exercise the full range of minimum managerial accountabilities and authoiities as iequiied by CBA.

Roles may involve leading and managing a moderately sized team either directly or through subordinate managers or supervisors.

A moderately advanced technical or theoretical knowledge is generally required.

• A sound working knowledge may be required of highly complex products and services.

• A significant variety of roles may be encompassed including highly specialised and complex sales, service and advice, or intermediate to advanced technical/advice/research support work.

• Substantial experience and/or a formal professional or tertiary qualification is likely to be required for entry to a role.

• Work involves addressing diverse problems and requires a higher degree of freedom to think. Solutions to problems are not always available from procedural or policy guidelines or precedents.

• Roles involve analysing a wide range of data within several systems or processes to anticipate and address problems or improvement opportunities

•

•

Work is substantially diversified with significant discretion to plan own work and the work priorities of others and to vary from established procedures and precedents, but with expert advice available.

Sound interpersonal communication and influencing skills must be demonstrated.

• Effective negotiation abilities and a range of people management skills (e.g. performance management and appraisal, coaching and development) are likely to be required.

• •

Work requires a sound understanding of the business unit.

Roles can manage a moderately sized pre-set budget and may have input into its formulation.

Page 60

10 Grade: MB

In this grade:



Problem Solving



Scope/Impact

11 Grade: MC

In this grade:



Division B: CBA

• Roles may entail managing a medium portfolio of moderately complex business.

•

•

• •


Roles may involve leading and managing a medium to large team either directly or through subordinate managers or supervisors.

An advanced technical or theoretical knowledge is required .

A sound working knowledge of highly complex products and services may be required.

• A significant variety of roles may be encompassed including highly specialised, complex, and often tailored, sales, service and advice, or high intermediate to advanced technical/advice/research support work.


• Work involves addressing diverse problems and requires a high degree of freedom to think.

• Solutions to problems are not always available from procedural or policy guidelines or precedents.

• Roles involve analysing a wide range of data within several systems or processes to anticipate and address problems or improvement opportunities. This analysis may sometimes need to take account of external variables.

•

•

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

Advanced interpersonal communication and influencing skills must be demonstrated.

• Effective negotiation abilities are regularly required.

• A range of people management skills (e.g. performance management and appraisal, coaching and development) are likely to be required.

• Work requires a detailed understanding of the business unit and some understanding of the Group.

• Roles can manage a medium sized pre-set budget with input into its formulation.

• Roles may entail managing a medium to large portfolio of medium to high complexity business.

•

•

•


Roles may involve leading and managing a medium to large team either directly or through subordinate managers or supervisors.

More advanced technical and/or theoretical knowledge is required in the relevant knowledge field.

Page 61

Problem Solving



Scope/Impact

Division B: CBA

• A highly developed working knowledge of very complex products and services may be required.

• A significant variety of roles may be encompassed including significantly specialised, complex and tailored sales service and advice, or advanced technical/advice/research support work.


• Work involves addressing diverse problems and requires a high degree of freedom to think.

• Solutions to problems are not always available from procedural or policy guidelines or precedents.

•

•

•

Roles involve analysing a wide range of data within several systems or processes to anticipate and address problems or improvement opportunities. External variables impinging on those systems or processes must also be taken into account.

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

Advanced interpersonal communication and influencing skills are crucial to the role.

e Significant negotiation abilities are regu!ar!y required.

• A range of people management skills (e.g. performance management and appraisal, coaching and development) are likely to be required.

•

•

•

Work requires a detailed understanding of the business unit and some understanding of the Group.

Roles can manage a medium to large pre-set budget with input into its formulation.

Roles may entail managing a large portfolio of complex business

Page 62

Schedule B - Salaries

Nothing in this minimum rates table is intended to affect any previous arrangement by which an employee has elected to receive increased superannuation contributions in place of increased salary.

Minimum Rates

GRADE Effective 1 July 2016

GC1 $ 43,420

GC2 $ 45,392

GC3 $ 47,779

GC4 $ 50,167

AMA $ 58,761

AMB $ 62,904

AMC $ 67,260

AMD $ 71,821

MA $ 83,576

MB $ 91,411

MC $ 102,296


Schedule C - preserved conditions

1. Staff Housing Loans (SHLs)

1.1 CBA and the FSU agree that the following will be features of the SHL Scheme for staff employed prior to 16 May 2001:

1.1.1 Interest Rate Charging Frequency Monthly

1.1.2 Interest Rates

(a) No change to existing concessional interest rate structure.

(b) All concessional SHL interest rate borrowings will be subject to a base market interest rate of 9% and a ceiling market interest rate of 16%.

(c) For Bank initiated transferred staff, 1.5% concession to continue.

1.1.3 SHL Set-Off AJC

Minimum balance and transaction to be $1,000.

1.1.4 Additional Loans

Subject to CBA home loans criteria.

1.1.5 Eligibility Criteria

(a) Intent to occupy.

(b) Repayments not greater than 35% of gross income Uoint).

(c) Loan valuation ratio 90%.

(d) Restriction on co-borrower to allow recognised 'spouse' (non sex specific).

(e) Current borrowing capacity maintained.

1.1.6 Repayment Adjustments

Review annually with effect from 1 April. Staff may request a change in repayment amount.

1.1.7 Equity

No change to existing arrangements.

1.1.8 Maximum Loan Term

Align with CBA home loans.

1.1.9 SHLs for Retirees

Subject to meeting the eligibility requirements for SHLs, the following arrangements will apply for staff employed as at 30 June 1996:

(a) SHL borrowings taken prior to 1 April1997 may be retained into retirement for Llu:~ r er11c:ti11der uf Llrt! SIJI::ldfitlu lt!r 111 uf Llrt! lucu r.

(b) SHL borrowings taken on or after 1 April1997 and before 1 April2002 may be retained into retirement for a period equal to the time between the date of approval of the loan and 1 April 2007. The interest rate on any outstanding balance will then continue at customer rates.

(c) SHL borrowings taken on or after 1 April 2002 may be retained into retirement for a period of five years at which time the interest on any outstanding balance will continue at customer rates.

(d) No new or additional loans at concessional rates after retirem~nt.

1.1.1 0 Retrenchment at less than 55 years old

Division B: CBA

Where an employee is retrenched who has not attained the age of 55 years as at the date of retrenchment has a concessional loan which was originally approved prior to 7

Page 64

April 1986 the loan will be regarded as "regulated" and will operate as an exception to clause 13.8(b ).

1.2 SHL Closure for new employees

Employees who join CBA after 16 May 2001 will not be eligible for a SHL. For the avoidance of doubt, the fact that CBA may recognise an employee's service with another employer prior to that date does not make that employee eligible for an SHL.

2. Recognition of prior service for Long Service Leave

For employees employed prior to 2 April 1998, Prior Government Service as defined by clause 29(b )(i) of the Commonwealth Bank of Australia Officers Award 1990 will be recognised by CBA for the purposes of Long Service Leave accrual.

Former State Bank of Victoria employees with twenty years or more service as at 27 April1990, which is continuous with CBA service, will continue to accrue long service leave at the rate of 1.733 weeks per annum between twenty and thirty-five years of service and 1.56 weeks per annum between thirty-six and forty-five years of service.

3. Service staff

This Agreement will apply to Service Staff except for clause 7 Span of Hours and clause 7.3 Overtime.

4. Transitional Wage Supplement

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

5. Allowances

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

(a) Field Staff Allowance

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

(b) Income Maintenance

Division B: CBA

Permanent income maintenance is any income maintenance (whatever its origins) which is not subject to any phase out arrangement.

All permanent income maintenance being paid to an employee immediately before the commencement of the Award (13 August 1999) will continue to be paid. From the commencement of the Award all permanent income maintenance payments:

• •

•

will not be increased in line with percentage wage increases;

will be reduced on promotion by the amount of the additional wage resulting from the promotion. Where the total wage resulting from the promotion is more than the total of the previous wage plus income maintenance, income maintenance will cease;

will not be reduced by shift loadings or allowances .

Page 65

Nothing in this clause will reduce the current amount of income maintenance being paid to any employee.

(c) Inter-suburban Travel Allowance

(i) Excess public transport fare reimbursement

Where an employee in attending work in a metropolitan area incurs public transport costs which exceed the normal home-to-city fare, reimbursement of the excess fare will be made where the excess expense is caused by a CBA initiated transfer. This payment will be subject to the minimum employee contribution prescribed in clause D 2.3 of Schedule D.

When the transfer was back to a metropolitan area, this clause will only apply when an existing residence in the same city was retained, or an employee is returning to the same city to reside with parents.

(ii) Special car allowance

Special car allowance is payable where an employee must use his or her own car to travel to work, or part of the way to work, as a result of public transport being impracticable because of a CBA initiated transfer. The applicable rate is the ISTA reference rate prescribed in clause D 2.2.2 of ScheduleD, less an employee contribution equal to the higher of the normal home to city and return public transport fare or the amount prescribed in clause D 2.3 of Schedule D.

Public transport is impracticable when the employee must join the first point of public tiansport eailiei than he Oi she would if tiavelling to the city; and travelling time is at least 1.5 hours from that first point.

The CBA and an employee may agree to alternative transport arrangements in lieu of the payment of ISTA to more appropriately assist an employee to address the impact of CBA initiated inter-suburban travel. This could include the participation in a car pool or the sharing of taxis.

Any agreement between the CBA and an employee will be voluntary and either party will have the freedom to accept or reject an offer of alternative arrangements by the other. Where an offer is rejected the allowance contained in this clause will continue to apply.

(d) Premises Renovation

(i) Dry cleaning allowance

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

(ii) Deteriorated conditions

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

(iii) Downgraded amenities

6. Shiftwork

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

The following provisions apply in accordance with clause 88.1 of this Agreement.


The ordinary working hours of duty for a shiftworker will be 145 over a nineteen shift four week cycle. Each week will consist of five shifts including RDOs. Each shift will be of seven hours 38 minutes attendance, exclusive of a 45 minute meal break. A shiftworker will be entitled to two paid ten minute tea breaks during each shift.

Clause B7.2 "Rostered Days-off" applies to shiftworkers except that the number of hours rostered in a four week cycle will total 152 hours 40 minutes and one ROO will equal 7 hours and 38 minutes. Where a seven day shift worker has not taken an RDO, his or her ordinary hours will not exceed 152 hours 40 minutes in any four calendar weeks or 45 hours 48 minutes in any seven days.

At the time of roster change, no shiftworker will be rostered to commence a shift less than 15 hours 37 minutes after the rostered completion time of his or her previous shift.

Clause B7.6 of this Agreement "Rest Period" applies to shiftworkers.

A seven day shiftworker will not be rostered to work more than 50% of weekends.

For the purpose of calculating overtime, the reference to 40 hours per week is to be regarded as a reference to 36.25 hours.

Employees on shiftwork will be paid a shift allowance in addition to and calculated on their salary, including higher duty up to a maximum of MC salary, as follows:

Morning shift 12.5% Afternoon shift 17.5% Night shift 25.0%

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

Shiftworkers will receive the higher of the shift allowance or annual leave loading, but not both.

In this item 6:

Afternoon shift means a shift rostered to commence after 10.00 am and at or before 4.00 pm.

Morning shift means a shift rostered to commence at or after 6.00 am and before 8.00 am.

Night shift means a shift rostered to commence after 4.00 pm and before 6.00 am.

7. Direct Banking and Technology, Operations and Procurement

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

(i) commencing at or after 6:00am and before 8:00am 1i5%

(ii) commencing after 10.00 am and at or before 4.00 pm 17.5%

(iii) commencing after 4.00 pm and before 6.00 am 25.0%

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

(c) The applicable loading will apply for all scheduled hours worked.

(d) An employee engaged in DB or TOP after 2 April1998 but before the commencement of the Commonwealth Bank Enterprise Agreement 2010 will receive the following loadings:

Division B: CBA

(i)

(ii)

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

finishing after 8:00 pm and before midnight

(iii) finishing after midnight

The applicable loading will apply for all scheduled hours worked.

Nothing in this item 7 will affect employees working as 5 or 7 day shiftworkers.

Page 67

12.5%

17.5%

25.0%

(e) Ordinary hours for employees in DB on weekends are Bam to Bpm, Saturday and Sunday or up to 1 Opm by agreement.

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

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

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

8. Parental leave

Employees who were in service at 11 September 19B7, and who have been in continuous service since, may use paid sick leave credits accrued at 1 April 199B as part of the 52 weeks parental leave referred to in clause 16.3(a) of Division A.

Division B: CBA Page 6B

Schedule-D- Allowances

D 1. NON-REIMBURSEMENT ALLOWANCES AND LOADINGS

Non-reimbursement allowances (with the exception of District Allowance) will be adjusted in accordance with FWC wage fixing principle in relation to the adjustment of existing allowances which relate to work or conditions.

D 1.1 Skill utilisation loading (clause 14.4)

$509 per annum.

D 1.2 Relieving allowance (clause 14.5)

$809 per annum.

D 1.3 Field staff allowance (Preserved Schedule C cl 4)

$571 per annum.

D 1.4 On call allowances (clause 14.3)

D 1.4.1

D 1.4.2

On call allowance

Where paging facilities are ....---------.., provided

Weekdays

5.00pm. To 9.30pm. $19.78 per day

Weekends and public/bank holidays

8.45am. to 5.45pm. $44.55 per day

8.45am. to 9.30pm. $61.89 per day

In contact allowance

Weeknights

5.00pm. To 8.15am. I $35.40 per night

Weekends and public/bank holidays

8.15am. to 5.00pm. $44.48 per day

5.00pm to 8.15am $35.40 per night

Division B: CBA

Where paging facilities are not provided

I $19.94 per day

$55.57 per day

$77.46 per day

Page 69

I

For each out of hours telephone contact, an allowance will be paid as follows:

Between 6.00am and midnight $10.92 for the first call and $10.92 for every

Midnight until 6.00am or normal departure time on a scheduled work day

D 1.5 First aid allowance (clause 14.6)

$12.37 per week.

D 1.6 Interpreter allowance (clause 14.7)

$12.11 per week.

D 1.7 District allowance (clause 14.8)

Group B

$pa

1 624

2 1,035

3 1,451

4 1,987

5 2,965

6 4,028

7 5,102

BS

$pa

1,063

1,763

2,467

3,378

5,053

6,850

8,672

two calls thereafter or part thereof

$10.92 per call

L LS

$pa $pa

311 544

520 883

732 1,233

995 1,692

1,484 2,519

2,014 3.424

2,550 4,334

B = Basic allowance paid to a transferred employee.

L =

DC =

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

Dependant child allowance.

DC

$p_a

156

259

366

494

739

1,007

1,275

BS

LS

= =

Basic allowance plus supplemental allowance paid to a transferred employee.

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

Electricity Costs Assistance (ECA)

ECA is based on a percentage of electricity costs actually incurred in accordance with the following table:

Group B BS L LS

5 15% 25% 7.5% 12.5%

6 30% 50% 15% 25%

7 36% 60% 18% 30%


Part-time employees will be entitled to a pro-rata ECA

D 1.8 Separate attendance- minimum payments (clause 7.3(i))

(a) D 1.8.1 Weekdays

(b) D 1.8.2 Saturdays, Sundays or public holidays

D 1.9 Telephone allowance (on call) (clause 14.3(b))

$2.76 per day.

$59.94

$80.65

D 2 REIMBURSEMENT ALLOWANCES

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

D 2.1 Meal allowance (clause 14.2) $26.74

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

D 2.2 Car allowance (clause 14.9)

D 2.2.1 Bank business (clause 14.9(a)):

1600cc or less 1.60 1-2,600cc ~.601cc and or less bver*

Basic rate (ATO published rates) 65.0 cents per 76.0 cents per 77.0 cents per km km km

2000cc or less More than 2000cc

Preferred rate (country) 96.4 cents per 114.8 cents per km km

Preferred rate (suburban) 82.6 cents per 99.9 cents per km km

Minimum payment for return trip

D 2.2.2 Driving to and from work (clause 14.9(b)):

2000cc or less More than 2000cc

~ariable cost rate 18.3 cents per km 21.3 cents per km


1ST A reference rate 48.6 cents

D 2.3 Inter-suburban travel allowance minimum employee contribution (Preserved

Schedule C Cl 4)

$33.03 per week.

Public transport fares component of the Consumer Price Index.

D 2.4 Transfer expenses (clause 14.1 0( d) and clause 13. 5(b))

Transferee: Employee only

moves to accommodation fully furnished by the $1,032 !employee

moves to Bank furnished accommodation, to $517 rented furnished accommodation, or private board

All Groups Index of the Consumer Price Index.

D 2.6 Premises renovation allowances (Preserved Schedule C Cl 4)

D 2.6.1

D 2.6.2

D 2.6.3

Dry cleaning allowance

$24.03 per month.

Adjusted from time to time as agreed between the parties.

Deteriorated conditions

$6.23 per day


Downgraded amenities

$8.81 per day.


Division B: CBA

Family

$2,062

$1,032

Page 72

Division C: CommSec

1. Scope

(a) This Division will be binding upon CommSec throughout Australia in respect of all employees employed in the classifications set out in this Agreement.


2. Definitions

Basic periodic rate of pay means a rate of pay for a period worked (however the rate is described) that does not include incentive-based payments and bonuses, loadings, monetary allowances, penalty rates or any other separately identified entitlements.

Employee or employees means an employee to whom this Division applies by virtue of clause 1(a).

Minimum hourly rate means the minimum annual salary prescribed in clause 4.2 for full-time employees other than shift workers in a particular classification divided by 1976.

Shift worker is an employee engaged by CommSec as such to work on a regular basis outside of the span of ordinary hours identified in clause 9.1.

3. Types of employment

3.1 Employment

CommSec may employ employees under this Agreement on a permanent full-time, permanent part-time or casual basis.

(a) Full-time employee means an employee working standard hours under clause 9.1(a) of this Agreement.

(b) Part-time employee means:

(i) an employee working less than standard hours under clause 9.1(a) of this Agreement; and

(ii) who receives on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

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

(d) A loading of 20% of the hourly rate will be paid to casuals in lieu of annual leave, sick leave, public holiday leave provisions, meal allowance and car allowance. The 20% loading is to compensate for the nature of casual employment.

Division C: CommSec Page 73

4. Salaries

4.1 Payment of salaries

Employees' salaries will be paid on a fortnightly basis by direct deposit into an employee's nominated bank account or on an alternative basis upon the giving of three months' notice by CommSec, or otherwise as agreed by CommSec and an employee.

4.2 Minimum salary rates

4.3

Subject clause 20 of Division A, employees will be paid no less than the following minimum rates of pay for the job classification they are assigned under clause 5 -Job classifications:

Classification Annual Salary Annual Salary

(Non-shiftworker) (Shiftworker)

CS1 $ 47,500 $ 54,625

CS2 $ 51,500 $ 59,225

CS3 $ 58,897 $ 67,731

Calculation of part-time and casual rate

Part-time and casual employees will be paid at the minimum hourly rate for each ordinary hour worked.

(a) Trainees

(i) The parties acknowledge that, from time to time, CommSec will appoint employees to roles in circumstances where, at the time of appointment, the employee does not have the skills and experience necessary to perform their role. This will not be used as an entry level for roles at CS1 generally. Examples of roles to which appointment as a trainee niay be appropriate include, but are not limited to: Mailroom Assistant; Imaging Clerk (Margin Lending); Team Assistant; Junior Helpdesk Operator; Junior Administration Assistant; and Client Service Officer.

(ii) In these circumstances, but only at the CS 1 classification, CommSec may appoint the employee to the role as a trainee on the basis that:

(iii) the minimum rate of pay for the employee wiU be 90% of the applicable minimum rate set out in clause 4.2 for so long as the employee is a trainee;

(iv) the employee will cease to be a trainee once CommSec determines that they have developed and are applying the skills and experience necessary to perform the requirements of their role; and

(v) despite clause 4.3(a)(iv), the employee will cease to be a trainee at the expiry of his or her period of probation or six months, whichever is lesser.

5. Job classifications

Roles occupied by employees covered by the Agreement will be classified by CommSec using the descriptors set out in in this clause 5:

5.1 CS1 (Team Member/Processing/Operations)

(a) An employee is accountable for work as a member of a team, and is directly supervised on a daily or periodic basis.


(b) Work is generally routine or repetitive and a basic to good operational knowledge of products and services may be required.

(c) An employee may provide information or service to customers and/or complete tasks of a processing or operations nature.

(d) Examples of CS1 roles include, but are not limited to:

• Customer/Client Service Officer (Braking);

• Team Member;

• Settlement Officer;

• Technical Support Officer;

• Margin Lending Officer;

• Clerk (for example: Administration, Processing, Data Input, Retrievals and Mail); and

• Executive Assistant.

5.2 CS2 (Team Leader/Specialist/Adviser)

(a) An employee is able to exercise the full range of minimum managerial accountabilities and authorities.

(b) An employee may supervise a small to moderately sized team, and is subject to limited or indirect supervision.

(c) A sound knowledge of products and services may be required, including the sale of them to customers.

(d) An employee may be required to provide specialist advice to internal and/or external customers.

(e) Examples of CS2 roles include, but are not limited to:

• Adviser (for example: Financial, Risk, Investment, Private Client);

• Business Analyst;

• Analyst;

• Business Development Associate (Geared Investments);

• Team Leader;

• Para-planner;

• Assistant Manager;

• Consultant;

• Associate Equities Analyst; and

• Associate Investment Adviser.

5.3 CS3 (Manager/Advanced Specialist)

(a) An employee is able to exercise the full range of managerial accountabilities and authorities.

(b) An employee may manage a moderate to large sized team, and may do so directly or through subordinate managers or supervisors.


(c) A sound working knowledge of more complex products and services may be required, including the sale of them to customers.

(d) An employee may be required to provide specialist advice at an advanced level to internal and/or external customers.

(e) Substantial experience and/or tertiary qualifications may be required for entry into the role.

(f) Examples of CS3 roles include, but are not limited to:

• Manager/Advanced Specialist (for example: Projects, Client Service/Sales, Risk, Margin Lending, Information Technology, Business Development/Acquisition);

• Private Banker;

• Adviser (Investment, Financial);

• Institutional Dealer; and

• Relationship Executive.

(g) Occasionally an employee may be required to perform some tasks which are at a higher level of complexity than typically occurs for the classification of their role and which would normally be part of a higher classified role.

6. Meal allowance

(a) An employee who is directed by their manager to work at least two hours' overtime, other than on shift work, will be provided with a meal or paid meal money of $25.78.

(b) An employee must notify their manager of any claim for meal money within 14 days of the entitlement arising or the entitlement will lapse. CommSec must make the payment not later than the second pay day following the notification.

7. Car allowance

(a) Where an employee is required to use their motor car in the course of their work, and such use is authorised in writing by CommSec, the employee will be paid:

1600cc or less 1.601-2,600cc ~.601cc and pr less pver*


(b) An employee must notify their manager of any claim for reimbursement within 14 days of the entitlement arising or the entitlement will lapse. CommSec must make the payment not later than the second pay day following the notification.


8. Travel on CommSec business

(a) Where an employee is directed by their manager to go to any place away from their usual place(s) of employment, he or she will be reimbursed for all reasonable expenses incurred.

(b) An employee must notify their manager of any claim for reimbursement within 14 days of the entitlement arising or the entitlement will lapse. CommSec must make the payment not later than the second pay day following the notification.

9. Hours of work

9.1 Span of hours

(a) The ordinary hours of work for full-time employees will be 152 hours over a four week cycle. Hours will be worked within a span of 7.00 a.m. to 9.00 p.m. Monday to Sunday. This span of hours may be extended by one hour on either side by agreement between an employee and CommSec. Hours to be worked by employees within the span of hours will be determined by CommSec. On engagement, CommSec will notify the employee of the hours to be worked by them, which may be subject to change under clause 9.1 (b).

(b) From time to time operational the needs of CommSec may require employees to vary their working hours. Where such a need arises CommSec will consult with employees in the determination of their working hours. In making its determination, CommSec will have regard to the employee's personal and family circumstances and any travel requirements that may exist. CommSec will attempt as far as possible to reach agreement with employees concerning any changes before changes to working hours are implemented. In the event that agreement is not reached, CommSec will provide the employee with reasonable notice of the change.

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

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

9.2 Overtime

(a) Employees will be eligible for payment for approved overtime. Overtime may be approved where:

(i) employees (other than shift workers) are directed to work outside the span of ordinary hours under clause 9.1 (a); or

(ii) employees are directed to work more than 10 hours on any one day (or 12 hours in any one day where agreement is reached under clause 9.1(c)); or

(iii) employees are directed to work hours in addition to their standard working hours where less than 24 hours' notice has been given; or

(iv) employees perform work on either or both of their notional weekend days; or

(v) for each additional hour worked in excess of 152 ordinary hours per four week cycle.

(b) Overtime will be calculated on a daily basis at the rate of:

(i) time and a half for the first two hours; and Division C: CommSec Page 77

(ii) double time for:

• the third and subsequent hours; or

• overtime worked on the second day of the employee's notional weekend; and

(iii) double time and a half for overtime worked on a public holiday.

(c) Overtime will be payable where an employee has been directed to work overtime before it is worked. An employee must notify their manager of any claim for overtime within 14 days of working the overtime. CommSec will make the overtime payment not later than the second pay day following such notification.

(d) Time off in lieu of overtime may be granted by mutual agreement and will be calculated at the applicable overtime rate.

(e) CommSec may require an employee to work reasonable overtime at overtime rates and 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:

(i) any risk to employee health and safety;

(ii) the employee's personal circumstances including any family responsibilities;

(iii) the needs of the workplace or enterprise;

(iv) the notice (if any) given by CommSec of the overtime and by the employee of his or her intention to refuse it; and

(v) any other relevant matter.

9.3 Meal break

Unless otherwise agreed, employees will not be required to work more than 5 hours without an unpaid meal break of a minimum of 30 minutes duration.

9.4 Rest period

(a) Other than if an employee is recalled to work, he or she will be entitled to not less than 10 consecutive hours off duty between the end of his or her ordinary day or shift and the commencement of his or her ordinary work on the next day or shift, unless otherwise agreed.

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

10. Shift work

(a) An employee may be engaged to work as a shift worker on a regular basis outside the span of ordinary hours described in clause 9.1.

(b) An employee is not a shift worker simply because he or she works overtime outside the span of ordinary hours described in clause 9.1.


(c) While an employee is expressly engaged as a shift worker by CommSec and continues to work as such they will receive, on a pro-rata basis for the time worked, the applicable "shift worker" salary set out in clause 4.

11. Annualleave

In addition to their basic periodic rate of pay for the period of annual leave they are taking, an employee will also be paid an annual leave loading of 17.5% of their basic periodic rate of pay. The annual leave loading will be paid as and when annual leave is taken.

12. Public Holidays

12.1 Observation of public holidays

The following days will be observed as holidays:

(a) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

(b) The following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen's Birthday and Eight Hours' Day or Labour Day; and

(c) In addition to the holidays prescribed in clauses 12.1 (a) and 12.1 (b) the following days will be observed as holidays in the relevant State or Territory:

(i) Victoria: Melbourne Cup Day;

(ii) Queensland: Brisbane Royal National Show Day;

(iii) South Australia: Adelaide Cup Day;

(iv) Western Australia: Foundation Day;

(v) Northern Territory: Picnic Day.

(d) Where a day is legislated, declared, proclaimed, gazetted or otherwise prescribed in a State, Territory or locality within a State or Territory in substitution for any of the days specified in this clause 12.1, such day will be the holiday for the purposes of this Agreement in lieu of the day specified.

12.2 Christmas Day, Boxing Day and New Year's Day

(a) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 27 December.

(b) When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 28 December.

(c) When New Year's Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on the next Monday.

12.3 Additional holidays

Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in clauses 12.1 (a) and 12.1 (b), those days will constitute additional holidays for the purpose of this Agreement.


12.4 Overseas markets

(a) Those employees whose work is performed on overseas markets (e.g. US Equities) will be subject to the public holidays of the primary exchange on which they work e.g. NYSE.

(b) Where in a State, Territory or locality the Australian Stock Exchange is open for trading on a day listed in this clause an employee may be required to work.

12.5 Alternative days-Facilitative provision

Despite any other provision of this clause 11, CommSec and an employee may, by mutual agreement, substitute an alternative paid day off in lieu of a public holiday worked by the employee.

12.6 No diminution/increase

Nothing in clause 12.4 or 12.5 will operate to reduce or increase the number of paid days off to which an employee would otherwise have been entitled under this clause 12 in respect of public holidays.

13. Redundancy

13.1 Definitions

(a) Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

(b) Week's pay means the ordinary time rate of pay for the employee concerned. Provided that such rate will exclude:

• overtime;

• penalty rates;

• allowances;

• bonuses; and

• any other ancillary payments of a like nature.

13.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

13.3 Severance pay

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

Period of continuous service Severance pay

Less than 1 year Nil


1 year and less than 2 years

2 years and less than 3 years







9 years and less than 1 0 years

10 years and over

* Week's pay is defined in clause 13.1 (b).

4 weeks' pay*

6 weeks' pay

7 weeks' pay

8 weeks' pay

1 0 weeks' pay

11 weeks' pay

13 weeks' pay

14 weeks' pay

16 weeks' pay

12 weeks' pay

(b) The severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

(c) Continuity of service means service under an unbroken period of employment with CommSec.

13.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 19.2 of Division A. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

13.5 Alternative employment

(a) An employee who is redundant will not be entitled to any severance payment under clause 13.3 where CommSec procures an offer to the employee of another position within CommSec (or any other employer in the Commonwealth Bank Group) which is commensurate with the skills and abilities of the employee concerned and on terms and conditions that are substantially similar or no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of the offer.

(b) Other than where clause 13.5(a) applies, CommSec may, in a particular redundancy case, make application to the FWC to have the general severance pay prescription varied if it obtains acceptable alternative employment for an employee. In considering such application, the FWC will have regard to the principles contained in clause 13.5(a).

(c) This clause 13.5 does not apply in circumstances involving transmission of business as set out in clause 13.7.


(a) During the period of notice of termination given by the employer in accordance with clause 19.1 of Division A, an employee will be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.


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

(c) The job search entitlements under this clause apply in lieu of the provisions of clause 19.4 of Division A

13.7 Transmission of business

The provisions of this clause are not applicable where a business is, before or after the date of this Agreement, transmitted from an employer (in this clause called transmitter) to another employer (in this clause called the transmittee), in any of the following circumstances:

(a) where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmitter and any prior transmitter to be continuous service of the employee with the transmittee; or

(b) where the employee rejects an offer of employment with the transmittee:

(i) in which the terms and conditions are substantially similar or no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmitter; and

(ii) which recognised the period of continuous service which the employee had with the transmitter and any prior transmitter to be continuous service of the employee with the transmittee.

13.8 Employees exempted

This clause does not apply to:

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

(b) . probationary employees;

(c) apprentices;

(d) trainees (other than trainees to whom clause 4.3(a) applies);

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

(f) casual employees.

13.9 Incapacity to pay

The FWC may vary the severance pay prescription on tllf:! be~~i~ of e~n employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.


Division D- Colonial

1. Application

(a) This Division will be binding upon Colonial throughout Australia in respect of all Employees employed in the classifications set out in this Division.


(c) During the operation of this Agreement Colonial may review and change the manner in which roles are classified under clause 15 - Position Classifications of this Agreement. Where this occurs an Employee will not have their remuneration reduced and will be overall no worse off compared to this Agreement.

2. Definitions

Afternoon shift means a shift of regular hours of shift work scheduled to finish after 6:00p.m. and at or before 12:00 midnight.

Casual employees means Employees other than Full Time or Part Time Employees who Colonial determines are employed on a Casual basis.

Comparable position means a position with any employer on reasonably comparable or superior remuneration arrangements which Colonial determines the Employee has the skills to perform.

Dispute means a disagreement, grievance or complaint.

Employees means Employees working for Colonial in Australia whose remuneration is up to and including $71,000 per annum or who is employed in a role that is not an executive role.

Employer means Colonial Services Pty Ltd (ABN 70 075 733 023).

Full-time employees means Persons employed to work 100 per cent of regular hours.

Manager means a person authorised to organise and supervise the work of other Employees.

Morning Shift means a shift of regular hours of shift work scheduled to start at or after 6.00 am and finish at or before 4.00 pm on any day.

Night shift means a shift of regular hours of shift work scheduled to finish after 12.00 midnight and at or before 8.00am.

Part-time employee means an Employee, other than a Casual Employee, who is engaged to work less hours than Full-Time Employees and who receives the conditions of service provided by the Agreement on a pro-rated basis.

Redundancy means a situation where Colonial determines that it no longer requires to have a job or task performed and declares a role redundant.

Remuneration means the salary of an Employee (exclusive of superannuation), or where the Employee is in receipt of a package, the Employee's TFR.

Retrenchment means the termination of employment of an Employee by Colonial as a result of redundancy.

Division D Page 83

Rostered shift means a shift of which the shift worker concerned has had at least seven days' notice in the case of a new roster and at least 48 hours' notice in the case of an existing roster.

Shift worker means an Employee whose regular hours of work may fall, in whole or in part, outside the spread of regular hours under Clause 5.1 and may be either on a fixed or rotating basis.

TFR means an Employee's total salary (including the value of packaged benefits) as calculated in accordance with guidelines issued from time to time that apply to Colonial's remuneration package known as "Total Fixed Remuneration".

Travelling time means the time it takes to travel from the stop nearest the Employee's place of work to the stop nearest to their place of residence. The time is calculated by using the public transport timetable. It does not include the time used to travel on local public transport feeder services to the prime method of transport where the Employee's place of residence is less than 5 kilometres from the prime method of transport.

3. Types of employment

Colonial may employ Employees on a casual, part-time or full-time basis

3.1 Casual Employees

Casual Employees will be covered by this Agreement. In addition to the arrangements in this Agreement, the following will also apply:

(a) A person may be employed on a casual basis on any day of the week;

(b) Casual Employees will perform work on an hourly basis with a minimum of three hours on any day; and

(c) Casual Employees will be paid at least the minimum hourly rate applicable to an equivalent full time role, with an additional 25 per cent loading. This loading is in lieu of annual, sick and all other leave, and service-related and other benefits Employees would be entitled to if employed permanently by Colonial.

3.2 Part-Time employees

(a) Colonial may employ part-time Employees across the range of regular hours and days as set out in Clause 5.1.

(b) Changes to hours of work arrangements for individual part-time Employees can be varied by agreement between the relevant Manager and the Employee and confirmed in writing.

3.3 Employment changes

(a) To change between casual, part-time and full-time employment, an individual Employee should discuss the proposed change directly with their Manager. When considering changes, a Manager's decision will take into account the characteristics of the role and the needs of the business at that time.

(b) An Employee whose type of employment is changed in accordance with Clause 3.3(a) will:

(i)

Division D: Colonial

retain all rights and benefits accrued up until the date of change of employment; and

Page 84

(ii) be entitled to accrue rights and benefits applicable to the new employment arrangements from the date of change of employment.

4. Reward and recognition

4.1 Minimum rates

(a) Colonial aims to remunerate Employees fairly and in relation to the market value of the role being performed.

(b) The table below sets out the minimum remuneration that full time Employees will be paid, according to the role being performed and the age of the Employee. The categories referred to are used to group similar roles together. For details on the categories & examples of the role in each category, refer to clause 15 - Position Classifications.

~Category Minimum Rate per Annum ($)at date of certification

lA

118 years of age 1$ 33,250

119 years of age 1$ 38,000

/20 years of age $ 42,749

/21 years of age and above 1$ 47,500

/s 1$ 51,500

/c 1$ 65,987

4.2 Remuneration reviews

(a) All eligible Employees will participate in the annual remuneration review. Employees are eligible if they started employment with Colonial prior to 1 April each year. Should an Employee start on or after 1 April, they will first participate in the remuneration review in the next financial year (e.g. if an Employee started employment with Colonial on 25 May 2014, they will be eligible to participate in the remuneration review that is effective 1 July 2015).

(b) Any increases in remuneration which result from the annual remuneration review will be effective from 1 July each subsequent financial year.

4.3 Bonus schemes

Employees are eligible to participate in bonus schemes applying to Colonial in accordance with the terms of such schemes. Such schemes do not form part of this agreement and may be reviewed and changed from time to time.

Division D: Colonial Page 85

5. Hours of work

5.1 Regular hours

(a) Regular working hours can be scheduled within the following ranges:

(i) Monday to Friday- between 7.00am to 9.00pm; and

(ii) Saturday and Sunday- between 8.00am to 5.00pm.

(b) When agreeing regular hours the following will be tal( en into account:

(i) client needs;

(ii) the Employee's personal needs and family responsibilities; and

(iii) Colonial's business needs.

(c) The regular hours to be worked by Employees will be determined by Colonial using the following guidelines:

(i) regular hours must not exceed 38 hours per week exclusive of meal breaks. Normally an Employee would not be expected to work more than eight hours per day exclusive of meal breaks;

(ii) where the operational needs of the business require an Employee to vary their regular hours, the relevant Manager will consult with the Employee. When changing regular hours, Colonial will consider any relevant personal or family circumstance and travel requirements that may exist;

(iii) should an Employee want to change their regular hours, they should discuss the proposed changes directly with their Manager. The Manager will take business needs into account when making their decision;

(iv) managers and Employees may, with the provision of at least 24 hours' notice where possible, make temporary changes to regular hours as a result of temporary and unforeseen changes to business needs, operational requirements or personal circumstances; and

(v) in the event of any significant event or emergency which requires an additional level of staffing above established regular hours, Employees will be available for work, taking into account family situations and commitments.

5.2 Weekend Loading

If regular working hours are scheduled over the weekend, the following loadings in addition to regular remuneration are applicable:

(a) 25 per cent of the ordinary time rate of pay for work performed on a Saturday; and/or

(b) 75 per cent of the ordinary time rate of pay for work performed on a Sunday.

5.3 Meal Breaks

(a) During their regular hours, an Employee should not work more than five (5) hours continuously without a meal break.

(b) The meal break should be at least 30 minutes in duration.


5.4 Time in Lieu

(a) Colonial recognise that the personal needs of Employees may from time to time require them to attend to personal matters during regular working hours.

(b) Where, with prior agreement of the Manager, work is available and the Employee elects to work additional hours, they will be entitled to elect time in lieu for each hour worked.

6. Overtime

(a) Colonial may require an Employee to work reasonable overtime. Overtime can only be directed and approved by the Employee's Manager.

(b) When an Employee, whether they are full-time, part-time or casual, is directed by their Manager to work in excess of 38 hours in any one week, subject to Clause 6(f), they will be paid at the applicable overtime rates.

(c) Only Employees whose remuneration is below $50,544 per annum are eligible to earn overtime.

(d) Overtime is calculated at the rate of time and one half for the first two hours worked in excess of 38 hours per week and double time for every hour worked after that.

(e) Notwithstanding clause 6(d), overtime on Saturdays and Sundays will be paid at the rate of double time and at a minimum payment as for three hours worked on Sundays.

(f) Where an Employee is directed to work overtime on a public holiday, they will be paid at the rate of double time with a minimum payment as for three hours worked.

(g) Time in Lieu

(i) Where, with prior agreement of the Manager, work is available and the Employee elects to work additional hours, they will be entitled to elect time in lieu of overtime for each hour worked.

(ii) An Employee may, with reasonable notice and with the consent of their Manager, take time off without pay during regular hours. Alternatively an Employee may make arrangements with their Manager to work outside the regular hour range equivalent to the agreed time taken off without pay. The relevant time will be paid at ordinary time rates.

(iii) The working of additional hours under this clause does not constitute regular hours for the purposes of clause 6( d).

(iv) When taken, accrued time off will be paid at the current ordinary rate of pay and is to be taken within three months of the extra time being worked.

7. Shiftwork

(a) An Employee under the age of 18 will not normally be required to perform shift work. All other Employees may be asked to work shift work should business needs require it.

(b) If an Employee is working in the same role with the change being an introduction of shift work, no remuneration changes will occur. Employees however will be eligible for


a shift allowance. Should the role change in its responsibilities the remuneration will be assessed against the market for review subject always to Clause 4.

(c) For work performed during the regular band of shift hours between midnight Sunday and midnight Friday, the following rates of pay will apply: lshift ,.-IR-a-te_o_f_P_a_y _________ _

r~ing S~if-t -- !ordinary time rate of pay plus~/o. Afternoon Shift !ordinary time rate of pay plus 20%.

I Night Shift !ordinary time rate of pay plus 25%.

(d) The allowances outlined in Clause 7(c) do not apply to shift workers whose remuneration is over $50,544 per annum.

(e) The rate to be paid to a shift worker for work performed when the major portion falls between midnight on Friday and midnight on Sunday or a public holiday will be paid at double time in lieu of the shift allowances outlined in Clause 7(c).

(f) Colonial will provide at least 48 hours' notice of a change to an agreed shift unless the change is necessary due to an emergency, the absence of another shift worker or unusual business circumstances.

(g) If less than 48 hours' notice is given then the shift worker will be paid at overtime rates for the whole of the shift worked subject to Clause 7(e).

(h) Subject to Clause 6, shift workers will be eligible to be paid overtime.

(i) When calculating if overtime is payable, the regular hours of work for a shift worker ~rP. ~R hours r>P.r WP.P.k indtJsivP. of mP.~I hrP.~ks.

(j) Wherever practicable, overtime will be arranged so that following the overtime, shift workers have at least ten consecutive hours off duty before being scheduled to start their next shift.

(k) 12 hour shifts may be introduced by Colonial to meet business needs. The terms and conditions for shift workers required to work 12 hour shifts will be agreed between Colonial and the Employees prior to commencing 12 hour shifts, except for the circumstances outlined in Clause 5.1(c)(v).

8. Allowances

8.1 Higher Duties

(a) Where an Employee is required by Colonial to relieve in a job which is classified higher than the job in which the Employee usually works for a period of at least five consecutive working days, the Employee will be paid at least the minimum remuneration rate prescribed in this Agreement for the higher grade.

(b) An Employee who relieves in a job of lower classification will not have their remuneration reduced.

8.2 Car Allowance

(a) If, at the request of Colonial, an Employee uses their personal car in connection with Colonial's business, the Employee will be paid:


1600cc or less 1.60 1-2,600cc ~.601cc and or less over*


8.3 Transport Allowance

(a) A transport allowance of $33.00 per week, or a Cab Charge of equivalent value, will be paid to Employees who finish their regular hours of work at or after 8.00pm, Monday to Friday.

(b) Where an Employee is directed to work overtime after 8.00pm, Colonial will provide a Cab Charge or reimburse the Employee for the reasonable costs of transport to the Employee's usual place of residence if the Employee requests it.

8.4 Meal Allowance

(a) Colonial will provide an Employee with either a meal or pay the Employee a meal allowance of $25.78 if they are required to work overtime that is:

(i) in excess of one hour beyond their regular hours and as a result they finish after 6.00pm; or

(ii) 4 or more hours on a weekend.

8.5 First Aid Allowance

(a) A Full Time Employee who has been appointed by Colonial to carry out the duties of a first aid attendant and who is the holder of current first aid qualifications from an accredited association (such as St John Ambulance or Red Cross), will be paid the first aid allowance prescribed of $11.79 per week.

(b) The first aid allowance will continue to be paid during annual leave or other paid absences for a period of no longer than four weeks.

9. Leave without Pay

With the prior written approval of their Manager, an Employee may take an agreed period of leave without pay. Any period of unpaid leave will not be counted as continuous service for the purpose of any entitlement in this Agreement.

1 0. Long service leave

(a) From the first full pay period after certification of this Agreement, Employees will be entitled to long service leave on the following basis:

Period of Continuous Service Long Service Leave Annual Long Service Leave Accrual Entitlement

JAt 10 to less than 15 years J6.5 days per year 165 working days.

JAt 15 to less than 20 years 16.5 days per year 197.5 working days.


!At 20 years 16.5 days per year 1130 working days.

At 21 to 35 years 8. 7 working days for every 8. 7 working days for every completed year of service. completed year of service.

lA! 36-45 years of service 6.5 working days for every 6.5 working days for every completed year of service. completed year of service.

(b) The amount of long service leave accrued by Employees at the rate of 4.4 days per annum (on a pro rata basis) up to 18 December 2003 will be frozen.

(c) Additional leave will accrue after 18 December 2003 in accordance with Clause D10(a).

(d) Where an Employee's regular hours are set over a period which is different to 38 hours each week, accrued long service leave will be adjusted by dividing the number of days accrued in accordance with the above table by five and multiplying by the average number of days worked as regular hours per week.

(e) Long Service Leave payment

(i) Employees must have completed ten years continuous service before they are entitied to take any iong service ieave.

(ii) Where an Employee has become entitled to long service leave following completion of ten years continuous service, and their employment ceases for any of the following reasons:

• retirement due to ill health;

• retirement after reaching the age of 55 years (regardless of whether the Employee is on a pension under the provisions of relevant Superannuation funds or not); or

• death;

long service leave will be deemed to have accrued on a pro rata basis for each completed month (rather than each completed year) of service after ten continuous years.

(f) The timing of Employees taking long service leave will be negotiated with the relevant Manager, taking into account personal needs of the Employees and business requirements.

(g) Unless otherwise agreed between the Manager and the Employee as detailed in ciRIJSe 10(f) long service leave will be taken when directed by Colonial, subject to not less than three calendar months' notice in writing being given by Colonial to the Employee.

(h) In calculating the period of service, Colonial will adopt the following criteria:

(i)

(ii)

(iii)

Division D: Colonial

all continuous service with Colonial must be taken into account regardless of whether the employment was full-time, part-time or a combination of both;

where an Employee's service includes one or more periods of part-time employment, long service leave in respect of such periods will be based on average hours worked over each period;

periods of paid leave are included in long service leave length of service calculations; and

Page 90

(iv) long service leave taken under this Clause is extended by the number of days, . if any, on which statutory or proclaimed holidays observed throughout the State, fall during the period of long service leave taken.

11. Public holidays

(a) Full-time and part-time Employees will be entitled to the following holidays as observed in each state as follows:

(i) New Year's Day

(ii) Australia Day;

(iii) Good Friday;

(iv) Easter Monday;

(v) Anzac Day;

(vi) Queen's Birthday;

(vii) Labour Day (Eight Hour Day);

(viii) Christmas Day; and

(ix) Boxing Day.

(b) In a State, Territory or locality, if a day is declared or prescribed as a public holiday in substitution for any of the days listed above, that day will be the holiday for the purposes of this Agreement instead of the day listed above.

(c) If Colonial requires Employees to work on a public holiday, Colonial will:

(i) invite suitabiX qualified Employees to volunteer for working on the public holiday at least four weeks prior to the scheduled holiday; and

(ii) if sufficient volunteers are not available, conduct a ballot of suitably qualified Employees to determine who will be required to work.

(d) No Employee will be required to work on Christmas Day, Good Friday or Easter Monday involuntarily.

(e) Employees who work on a public holiday may elect to be paid either double time for such work or ordinary time plus a day off in lieu.

(f) Employees whose regular hours include the NSW Bank Holiday (or one other day observed in another locality when employed outside NSW) and who perform normal duties on that day are entitled to receive a day off in lieu

12. Mobility

(a) The mobility prov1s1on contained in this Clause is designed to accommodate a business and/or Employee need which may arise during the operation of this Agreement.

(b) Employees under this Agreement will perform duties and roles as directed by Colonial at any location where Colonial or its related corporate bodies operate.


(c) Where a transfer or redeployment or secondment arises as a result of this Clause, unless otherwise agreed with the Employee in question, the terms and conditions of this Agreement will operate and continue to apply to the Employee.

(d) A transfer, redeployment or secondment arising under this Clause must be reasonable in the circumstances and may only proceed following a consideration by Colonial of family/personal circumstances and travelling time and arrangements.

13. Transmission of business

If Colonial:

(a) transmits all or part of its business; and/or

(b) outsources or transfers to another employer any of its functions; and/or

(c) as a result of restructuring requires the employment of an Employee to be continued with a different corporate entity;

then the following commitments will apply:

(i) the employment of the Employee will, under this Agreement, be considered continuous fiom Colonial to the new entity;

(ii) the period of service which the Employee has had with Colonial will be considered to be service with the new entity when calculating any service related entitlements as detailed in this Agreement; and

(iii) as a consequence of the continuity of employment, the Employee will not receive any payment in connection with the cessation of their employment.

14. Redundancy, redeployment and retrenchment

(a) This Clause should be read in conjunction with the terms of Clause 12 of this Agreement.

(b) Key objectives of this Clause are to enhance, encourage and max1m1se the redeployment of Employees whose positions have become redundant and to ensure that compulsory retrenchment should only occur as a last resort.

(c) Where redundancy situations occur, Colonial will, in consultation with the Employee(s), make reasonable efforts to redeploy the Employee(s) concerned.

(u) An Employee who is offered a comparable position will not be entitled lu any nulil:e, severance payment or other benefit under this Clause.

(e) An Employee that is to be retrenched will be given written notice of retrenchment, or · payment in lieu, of a period of not less than six weeks.

(f) Upon retrenchment, an Employee will also be paid a special lump sum which will be calculated as follows:

(i) seven weeks' remuneration for the first full year of service, or pro rata for Employees with less than one full year of service; and

(ii) three weeks' remuneration for each subsequent year of continuous service.

(g) The maximum payment under this Clause, excluding the notice period or payment in lieu of notice, will be 79 weeks' remuneration.


(h) In addition to the payments described in Clauses 14(e) and 14(f), a retrenched Employee will be paid:

(i) any untaken annual leave to which they are entitled;

(ii) any superannuation benefits that are required to be paid; and

(iii) any untaken long service leave or, if the Employee has completed at least five years' continuous service, a pro rata long service leave payment.

15. Position classifications

The purpose of these Position Classifications is to establish m1n1rnum classification characteristics for the work performed by Employees covered by this Agreement. These Classifications will be used to provide certainty as to the minimum remuneration for each classification.

Guiding principles for the operation of the classifications are:

• Should an employee disagree with the classification of their position they can raise it through the process set out in the dispute resolution process.

• No Employee will have their remuneration reduced as a result of the adjustments to the classification system.

• During the operation of this Agreement, Colonial may review and change the manner in which work is classified under this provision.

Operational Positions (Category A)

Characteristics:

• Application of operational knowledge and skills (at various levels) to a defined range of tasks

• Decision-making is based on established procedures and guidelines.

• Problems dealt with are mostly familiar.

• There may be some discretion in relation to the available solutions.

Examples of typical positions are:

• Financial Services Administrator

• Investor Services Representative

• Mailroom Support Clerk

• Operations Support Clerk

• Receptionist.

Team Leader/Coordinator Positions (Category B)

Characteristics:

• More complex tasks that require the demonstration of some specialist skills or expertise.

• Discretion and judgment required rather than the application of existing concrete rules.


• Required to analyse work, identify critical issues that may occur ahead of time and develop plans to resolve these.

• May involve leading a team (managing day-to-day issues) and being held accountable for the output of the team.

Examples of typical positions are:

• Business Analyst

• Fund Accountant

• Research Assistant

• Team Leader, Investor Services

• Team Leader, Mailroom.

Manager Positions (Category C)

Characteristics:

• Sound working knowledge of highly complex products and services.

• Discretion on means to achieve the aims of the position.

• Encounter diverse problems where solutions not always available from guidelines or precedent.

• Substantial experience and/or formal professional or tertiary qualifications are likely to be required for entry to a position.

• May involve leading and managing a medium to large team either directly or through subordinate managers and supervisors, exercising full range of minimum managerial accountabilities and responsibilities.

Examples, of typical positions are:

• Manager, Admin Services

• Manager, Investor Services

• Marketing Manager

• Performance Analyst

• Senior Software Engineer.


Division E - Commlnsure

1. Scope of Division

(a) This Division will be binding upon Commlnsure throughout Australia in respect of all employees employed in the classifications set out in this Division.


2. Definitions

Consultant means an employee who works primarily as a telephone operator within Commlnsure's Sales & Service or Claims areas.

Night Coverage means the work period between the hours of 8:00pm (or 9:00pm when normal hours of operation need to accommodate daylight saving hours across Australia) and 8:00am.

Notional Weekend means two (2) consecutive days where an employee is rostered off work and not necessarily a Saturday, Sunday or public holiday, but does not prevent the taking of other forms of paid leave in conjunction with such notional weekend.

Operating Hours means normal operating hours for Commlnsure's Sales &Service and Claims areas, i.e. 7 days per week, 24 hours per day, normally between the hours of 8:00am to 8:00pm (or 8:00am to 9:00pm when normal hours of operation need to accommodate daylight saving hours across Australia). To support operations, between the hours of 8:00pm and 8:00am (9:00pm and 8:00am during daylight saving) Commlnsure will provide insurance advice and an emergency help-line to customers.

Ordinary Hours means the agreed hours that employees will work over a 4 week cycle at ordinary time rates.

Part-time Employees means those employees who are engaged to work less hours than full time employees and for whom all entitlements are pro-rated.

Probationary Period means, in the normal course, a period of up to three (3) months during which a new employee will undertake training in the competencies required of them, or has the opportunity to demonstrate those competencies to the level required by Commlnsure. In special circumstances, the period may be extended by Commlnsure by up to 3 months, subject to the employee being notified in writing of the extension.

Scheduled Hours means ordinary hours rostered for work during a 12 hour band between 8:00am and 8:00pm Monday to Sunday or between 8:00am and 9:00pm when business operation hours need to take account of daylight saving throughout Australia.

Standard Hours means 152 hours per 4 week cycle.

Support Employees means those employees in Commlnsure's Sales & Service or Claims areas in clerical or administrative support roles without a full time customer "relationship" role.

Support Team Leaders means those employees who support or deputise as a Team Leader as and when necessary.

Team means a group of employees who work within the Sales & Service or Claims areas and handle telephone calls in relation to the sale and management of Commlnsure's products, the servicing of customers' needs, including claims management and provide a clerical or administrative support role.

Team Leaders mean those employees who lead a Team within Commlnsure's Sales &Service or Claims areas.

Trainee means a new employee who joins Commlnsure without the necessary competencies to fulfil the role of either Consultant or Support Employee.

Division E: Commlnsure Page 95

Work Periods means any day of the week that an employee is required to work scheduled hours.

3. Salaries

(a) Rates of pay applying from the date of certification of this Agreement are set out in Schedule 1 of this Division E.

(b) Employees covered by this Agreement will, during their probationary period, undertake initial training provided by Commlnsure in the competencies specified for the position for up to three (3) months or longer as may be determined by Commlnsure. At the conclusion of the probationary period, Commlnsure will review the appointment of the employee. As a minimum requirement a training rate of salary will be applied during this period as set out in Schedule 1.

(c) Competency benchmarks for a number of positions have been developed. They are intended to support rather than override formal job descriptions and key performance indicators. Comm Insure welcomes contributions by staff regarding competency benchmarks; however, any decision as to change ultimately rests with Commlnsure.

(d) Performance Supplement (Incentive Payments)

/\n incentive remunemtion scheme based upon superior performance and/or output is available to those employees working within the Sales & Service and Claims areas. Incentives are awarded on the basis of superior team and individual performance against pre-defined standards of customer service, technical ability and sales results. Assessment of performance will be made by the relevant employee supervisor(s) against the pre-defined standards. Where merited, these incentive payments will be made every second fortnight. The operation of this incentive scheme may be reviewed by Commlnsure as necessary, in consultation with staff covered by this clause 3(d).

4. Mobility

Employees under this Agreement will perform duties and roles as directed by Commlnsure at any location where Commlnsure or its parent company and related corporate bodies operate. Where a transfer or redeployment or secondment arises pursuant to this clause 4, the terms and conditions of this Agreement will operate and continue to apply to the employee. A transfer, redeployment or secondment arising under this clause 4 must be reasonable in the circumstances and may only proceed following a consideration by Commlnsure of family/personal circumstances and travelling arrangements. It is the intention of Commlnsure and employees that the mobility provision contained in this clause 4 is designed to accommodate a business and I or employee need which may arise during the operation of this Agreement.

5. Training and development

(a) Commlnsure is committed to training and development for employees. Employees recognise their obligation to maintain and update their skills. Commlnsure recognises its obligations to provide employees with opportunities to maintain and update their skills.

(b) Training and development will be based on:

(i) the identification of competencies for the classifications;


(ii) a focus on both current and future job needs as they relate to Commlnsure business requirements; and

(iii) recognition of each employee's prior learning and building on this through the acquisition of new competencies.

(c) Employees attending training and development activities approved by Commlnsure during the ordinary hours shall be regarded as being on duty. Training and development activities attended at the direction of Commlnsure which occur as an addition to scheduled hours will be with reasonable notice and subject to consultation with the employees involved. For full time employees such training will be paid at the standard hourly rate for the first ten (10) hours per quarter (and thereafter at the prevailing overtime rates) unless it is mutually agreed to take such time as time in lieu.

Provided that where training is undertaken on ordinary time it shall not be scheduled on a Sunday or Public Holiday and shall, where practicable, be scheduled for a time immediately before or after the employee's scheduled hours.

(d) In order to assess properly an employee's performance in meeting required standards, respective Team Leaders and Support Team Leaders may monitor calls. This monitoring will only relate to an employee dealing with Commlnsure customers during the normal course of business and may occur at any time without prior notice to the employee. Monitoring will be conducted for purely commercial purposes. Any direct outcome from the monitoring of an employee will only be used for:

(i) counselling, mentoring and praise by the Team Leader or Support Team Leader where warranted;

(ii) assessment for the individual incentive payments scheme; and

(iii) applying what is learnt to the improvement of performance levels and

(iv) operational efficiency generally.

6. Hours of work

(a) The operating hours for Commlnsure's Sales & Service and Claims areas will be seven (7) days per week, 24 hours per day, normally between the hours of 8:00am to 8:00pm. (or 8:00am to 9:00pm when normal hours of operation need to accommodate daylight saving hours across Australia.) To support operations between the hours of 8:00pm and 8:00am, (9:00pm and 8:00am during daylight saving) Commlnsure will provide insurance advice and an emergency help-line to customers.

(b) Standard hours of work for full-time employees will be 152 hours per four (4) week cycle.

(c) Ordinary hours for an employee will not exceed 12 hours per day including meal breaks. Non-paid breaks for an employee during ordinary hours amount to one (1) hour, including 45 minutes for lunch.

(d) An employee shall not work more than three (3) consecutive 12 hour work periods.

(e) Unless agreed to·by the employee, an employee shall not be required to work more than five (5) days in any week. Where an employee is required to work on a Saturday and Sunday, they will be entitled to take off two (2) consecutive days in the ensuing week as a notional weekend. It may be mutually agreed that these two (2) days be taken non-consecutively and/or beyond the ensuing week.


(f) When agreeing scheduled hours, the following will be taken into account:

(i) customer needs;

(ii) the employee's personal needs and family responsibilities; and

(iii) Commlnsure's operational needs.

(g) An employee shall work their scheduled hours within a pre-determined 12 hour band between the normal operating hours of 8:00am and 8:00pm, Monday to Sunday (or 8:00am to 9:00pm when normal hours of operation need to accommodate daylight saving hours across Australia). Both Commlnsure and employees recognise the necessity for flexibility in meeting the changing circumstances surrounding customer needs, employee's personal needs, and Commlnsure' s business needs. Accordingly, depending upon operational requirements, the band of hours may be varied in a workplace, or on an individual basis at any time subject to agreement within the teams. Should agreement not be possible, Commlnsure may vary the time with notice that takes account of the individual employee needs and their family needs and the needs of the business.

(h) There will not be less than a twelve (12) hour interval between an employee's scheduled hours.

(i) No employee shall be required to work more than five (5) hours without a meal break of 30 minutes duration, unless their shift is expected to finish within six (6) hours of the last break and they prefer not to have a break.

(j) Where feasible, Commlnsure and an employee may agree to the employee completing their scheduled hours (all or in part) or working additional time at home. Any such approval must be contingent upon there being no detrimental effect upon service, efficiency, productivity, or safety for the employee and must carry the employee's written consent.

(k) Employees will be available for work outside operating hours, subject to the scheduling arrangements referred to above and agreement with the employee(s) involved:

(i) Night coverage shall apply to those employees working on a non-overtime basis between the hours of 8:00pm (or 9:00pm when normal hours of operation need to accommodate daylight saving hours across Australia) and 8:00am working from Commlnsure premises. The rate applicable for night coverage (or part thereof) will be subject to a penalty loading of 20% on the ordinary rate of pay for employees other than those engaged under clause 7 of this Agreement and those working on an overtime basis.

(ii) Subject to clause 18, off site work will be paid at the ordinary rate of pay to those employees covering the above hours who are working from home or another agreed location away from Commlnsure premises which is appropriate to servicing customer needs. Meal allowances will not apply under these circumstances. Clause 6(d) shall not apply to thes,e working arrangements insofar as any limitation of 3 consecutive 12 hour work periods is concerned.


7. Casual employment

(a) Casual employees may be engaged for the purpose of meeting specific short term business needs. Use of casual employees in these circumstances shall not disadvantage the employment of other employees. Employees engaged on a casual basis shall be subject to the terms and conditions of this Agreement with the exception of:

(i) A person may be employed on a casual basis on any day of the week. Work will be performed on an hourly basis with a minimum of three (3) hours work on any day.

(ii) A casual employee will be paid at least at the minimum hourly rate for the work performed, in addition to a 25% loading. (This loading is in lieu of annual leave, sick leave and public holiday entitlements and to compensate for the nature of the employment arrangement).

(iii) If required to work on a national public holiday, casual employees will be paid at the rate of double time, in addition to the 25% loading applicable to casuals.

(b) A limit of 750 hours per annum will apply for any one person employed on a casual basis.

8. Emergency operations

In the event of a natural disaster or catastrophe, or any other significant event or emergency which requires an additional level of staffing above established patterns, employees will make themselves available to handle customer enquiries and claims. When calling on employees for such occurrences, Commlnsure will take into account family situations and commitments. Employees will be paid at double time if required to work under these circumstances if these hours fall outside scheduled rosters. In the event that work demands forgoing a normal meal break, double time will be paid until the break is taken.

9. Time in lieu

(a) Commlnsure recognises through arrangements in clauses 9(b) to 9(e) below that the personal needs of employees may from time to time require them to attend to personal matters during scheduled working hours.

(b) Where, with prior agreement of Commlnsure, work is available and the employee elects within the 12 hour band of hours to work additional hours, they will be entitled to elect time in lieu of overtime for each hour worked.

(c) An employee may, with reasonable notice and with the consent of Commlnsure, take time off without pay during scheduled hours. Alternatively such an employee may make arrangements with Commlnsure to work outside of ordinary hours equivalent to the agreed time taken off without pay. The relevant time will be paid at ordinary time rates.

(d) To avoid doubt, the working of additional hours under this clause does not constitute scheduled hours for the purpose of clause 6(h} or overtime for the purpose of Clauses 10(a) and 10(b).

(e) In the case of time worked in terms of clause 9(b), time off accrued when taken shall be paid at the current ordinary rate of pay and is to be taken within three (3) months of


the extra time being worked, unless otherwise agreed by management, and may be taken in addition to a notional weekend or in addition to periods of annual leave.

10. Overtime

(a) Overtime can only be directed and approved by no less than a Team Leader I Manager.

(b) Overtime rates shall apply to time worked by direction (but excluding the first ten hours training per quarter as outlined in clause 5(c)) as follows:

• in excess. of 152 hours over a four (4) week cycle;

• outside 60 hours in any week;

• outside the 12 hour band of hours; and

• outside the agreed scheduled hours.

(c) Overtime applies to employees up to and including Team Leader.

(d) Overtime shall be calculated at the end of each four (4) week cycle and be paid at the rate of time and one half for the first ten hours in excess of standard hours (excluding the first ten hours training per quarter as outlined in clause 5(c)) and double time thereafter. Overtime payments calculated on this basis will be paid fortnightly.

(e) An employee required to work overtime on a weekend or notional weekend shall be paid at the rate of double time with a minimum payment of three (3) hours.

(f) Employees have the option of taking time in lieu (calculated at single time rate) instead of overtime, in whole or in part, by agreement with their Team Leader I Manager.

(g) Time in lieu shall be taken within three (3) months of the extra time being worked, unless otherwise agreed to by Commlnsure, and may be taken in addition to a notional weekend or in addition to periods of annual leave.

(h) Where time off in lieu is not taken within three (3) months of the extra time being worked and agreement is not otherwise reached, payment shall be made at the ordinary rate of pay.

11. Transport arrangements

(a) WI n:H l::l all l::lll IJ.Jiuyl::ll::l WUI k.::; UVI::lllillll::l Ul::lYUIIU 8.00J.JIII ( Ul 9.00J.JII I Wlil::lll IIUI lila I IIUUI:::; ur

operation need to accommodate daylight saving hours across Australia), Commlnsure shall provide taxi transport to the employee's usual place of residence.

(b) Taxis are to be shared if two (2) or more people are travelling to the same general area at the same time.

(c) Notwithstanding anything else in this clause, Commlnsure may agree in appropriate circumstances to provide taxi transport to the usual place of residence of an employee working ordinary hours beyond 8:00pm (or 9:00pm when normal hours of operation need to accommodate daylight saving hours across Australia). To assist in considering the circumstances and appropriate solutions, guidelines are appended to this Agreement (schedule 2). However, employees working beyond 11 :OOpm shall be allowed taxi transport without recourse to these guidelines.


12. Meal allowance

(a) When an employee is required to work overtime of more than two (2) hours overtime after completion of his I her scheduled hours, the employee will be paid a meal allowance of $25.78.

(b) Where an employee is required to work overtime on a weekend or a notional weekend, a meal allowance of $25.78 shall be paid after five (5) hours has been worked.

13. First aid allowance

Commlnsure will pay a first aid allowance of $11.79 per week to employees who are nominated by Commlnsure to be first aid attendants and who hold an accredited first aid certificate. This allowance will only be paid whilst the employee is a Commlnsure appointed first aid attendant. It will continue to be paid during paid absences (e.g. annual leave) for a period no longer than four weeks in any calendar year.

14. Work on public holidays

(a) Employees required to work on National Public Holidays will be paid at the rate of normal time plus time and a half with a minimum payment of three hours. Alternatively they can elect to receive a substitute day off in lieu.

(b) National Public Holidays are:

• New Year's Day;

• Good Friday;

• Easter Saturday;

• Easter Monday;

• Christmas Day; and

• Boxing Day .

(c) Non-National Public Holidays

Employees whose scheduled hours include a non-national public holiday are entitled to receive a substitute day off in lieu.

Non-national public holidays include:

• Australia Day;

• Anzac Day;

• Queen's Birthday; and

• Labour Day.

(d) Where a public holiday falls on a weekday, and employees are entitled to substitute a day in lieu, Commlnsure will ensure, as far as possible, that the day in lieu will be on the same day of the week as the public holiday. This will be subject to the need to maintain adequate staffing levels.

Division E: Comm Insure Page 101

15. Annual leave loading

(a) Employees shall be entitled to an annual leave loading. Payment of leave loading shall be 17.5% of ordinary time earnings, subject to the maximum specified in the Award.

(b) Employees will have the option of electing to receive their entitled leave loading at the time they proceed upon at least two (2) weeks annual leave, or upon anniversary date.

16. Long service leave

Long service leave entitlements shall be in accordance with the Nsyv Long Service Leave Act 1955.

17. Job sharing

(a) Job sharing may be introduc~d in a business area of Commlnsure if:

(i) the employees and Commlnsure agree; and

(ii) the needs of customers, employees and Commlnsure can be met.

(b) The specific arrangements for job sharing can vary to meet the different circumstances of the employees and the roles they perform.

(c) Before a job sharing arrangement can start, the employees involved and Commlnsure must decide on and set down in writing:

(i) a reasonable sharing of the different tasks;

(ii) procedures for transferring knowledge and information between the jobsharers and Commlnsure to facilitate effective and efficient performance of the role;

(iii) hours of work;

(iv) leave arrangements; and

(v) what will happen when the job sharing arrangement is dissolved.

(d) Job sharers will be employed on pro rata (hours) pay and conditions in terms of this Agreement for the relevant position being shared.

18. Occupational health and safety

(a) Commlnsure is committed to providing a safe and healthy work environment for its employees and will take all reasonable steps to safeguard employees from injury, illness or accident.

(b) In order to ensure a healthy workplace, Managers and Team Leaders will ensure employees are provided with sufficient task variety or work breaks from telephone duties over the course of the day.

19. Child care facilities

The parties are open to discussions on the subject of prov1s1on of child care facilities consistent with Comm Insure's vision and objectives and its respect and recognition of the


value of its employees. Such discussions will be based on the understanding that the commercial implications of any proposal will be of utmost importance.


Schedule 1- Salaries

Classification Adjusted adult minimum annual salary

SuQQOrt Team EmQio~ees

Trainee $ 41,000

Grade 1 $ 41,000

Grade 2A $ 45,000

Grade 28 $ 47,500

Other $ 47,500

Consultants

Consultant Trainee $ 41,000

C1 $ 48,000

C2 $ 49,000

C3 $ 50,000

SuQQOrt Team Leaders

S1 $ 51,660

S2 $ 54,459

S3 $ 55,915

Team Leaders

T1 $ 58,714

T2 $ 62,063

T3 $ 64,069


Schedule 2- Travel from work guidelines

Guidelines for Travel from Work Occasioned by Working Ordinary Hours Beyond 8:00pm (to be incorporated in guidelines referred to in clause E11(c), Transport Arrangements)

Commlnsure appreciates the needs of employees to have safe conduct from work and also expects employees, in agreeing to their hours of work, will have considered safety issues regarding travel.

Special consideration will be given to any request made by employees in respect of personal safety in travelling from work by taxi occasioned by working ordinary hours beyond 8:00pm, or 9:00pm when normal hours of operation need to accommodate daylight saving hours across Australia.

Factors to Consider

Personal safety is affected by a number of factors, which should be considered on an individual and group basis. The factors to consider as part of appropriate circumstances are:

• Availability of public transport (remembering interchanges).

• Lighting (e.g. in car parks, surrounding streets, effect of seasons and daylight .,~, -·- :'• • • - · , _ . ; .i •. :::<'·· .. ·-~~- :·. · . •

saving~•r·-.,.:'· ···-·::,,_::"···· ... ·-·;-.,:

• Number of people travelling together.

• Dangerous crime areas.

• Special factors likely to influence the possibility of danger.

• Personal health considerations (temporary or permanent).

Process

Employees should advise their Team Leader I Manager of concerns over personal safety while travelling from work after working ordinary hours after 8:00pm, or 9:00pm when normal hours of operation need to accommodate daylight saving hours across Australia.


Signed for and on behalf of the Commonwealth Bank of Australia Limited (ABN 48 123 123 124); Colonial Services Pty Limited (ABN 70 075 733 023); Commonwealth Insurance Limited (ABN 96 067 524 216); Commonwealth Securities Limited (ABN 60 067 254 399) by their duly authorised representative:

t~,m+£1 ~ Signature of authorised representative

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

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

I

T2fJavj Rekxzc_ca f2e)llj Signature of [Insert signatory] l

[Insert position] Ac+ltlQ /Jf'vJj A c r lifCC: f. t/' .e Finance Sector Union oYAustralia · ~( Ll-. _L

341 Queen Street, Melbourne, Victoria 3000 v -e__cf .. e:~ OJ

Date

Name of witness (please print)

Page 106




UNDERTAKINGS

In relation to Division C of the Commonwealth Bank Group Enterprise Agreement 2016 (Agreement),

Commonwealth Securities Ltd undertakes pursuant to section 190 of the Fair Work Act 2009 that:

1. In a given week, it will not require a part-time employee to work more than 4 hours in excess

of their agreed weekly hours at ordinary time rates. Where a part-time employee is required to

work more than 4 such additional hours, subsequent hours will be paid at the appropriate

overtime rate.

2. It will apply the definition of "shift worker" in clause 2 on the basis that an employee works "on

a regular basis outside of the span of hours identified in clause 9.1" if that employee works

any of their ordinary rostered hours outside the span of hours in clause 9.1. For the avoidance

of doubt, an employee will not be considered a "shift worker" merely because they perform

overtime outside the span of hours.

3. It will apply clause 4.2 as though the table in that clause read as follows:

Classification Annual Salary Annual Salary

(Non-shiftworker) (Shiftworker)

CS1 $ 47,500 $ 55,926

CS2 $ 51 ,500 $ 61 ' 11 0

CS3 $ 58,897 $ 68,445

4. For CS1, CS2 and CS3 employees whose actual annual salary is less than $67,972, $74,273

or $83,187 respectively, it will :

35852853v.2

a. apply loadings of 20% for ordinary hours worked on a Saturday and 40% for ordinary

hours worked on a Sunday, calculated on the employee's actual base salary rate,

with such loadings to be implemented as soon as reasonably practicable after the

Agreement comes into operation and back-paid to the commencement of the

Agreement; and

b. if requested by such an employee whose regular roster requires them to work

ordinary hours on Saturdays and/or Sundays, conduct the exercise set out in Division

A, clause 10 in relation to the employee's roster and, if a top-up payment is made,

increase the salary paid to the employee accordingly for work on that roster pattern.

Signed for Commonwealth Securities Ltd:

Date Head of Group Industrial Relations

11 Harbour St, Sydney, NSW, 2000

35852853v.2




UNDERTAKINGS

In relation to Division D of the Commonwealth Bank Group Enterprise Agreement 2016, Colonial

Services Pty Ltd undertakes pursuant to section 190 of the Fair Work Act 2009 that:




overtime rate.

2. It wi ll apply clauses 6(c) and 7(d) as though the amount of "$50,554" was deleted and the

words "the high income threshold under the Act as indexed from time to time" were inserted in

its place.

Signed for Colonial Services Pty Ltd:

Naomi Moylan Date Head of Group Industrial Relations


35712723v.2



ReApplication By: Commonwealth Bank of Australia

UNDERTAKINGS

In relation to Division E of the Commonwealth Bank Group Enterprise Agreement 2016 (Agreement),

Commonwealth Insurance Ltd (CIL) undertakes pursuant to section 190 of the Fair Work Act 2009

that:




overtime rate.

2. Employees will not be required to work ordinary hours on a Saturday and/or Sunday on more

than one weekend out of every three. If an employee is required to perform weekend work

more frequently than on one weekend out of every three, all work on the second and/or third

weekend will be treated as overtime.

Signed for Commonwealth Insurance Ltd:

Naomi Moylan Date Head of Group Industrial Relations


35852899v.1

Documents

DECISION · 2019-12-05 · CBA means Commonwealth Bank of Australia (ABN 48 123 123 124). CBA Group means CBA and its related bodies corporate. Colonial means Colonial Services Pty