ST.GEORGE BANK ENTERPRISE AGREEMENT 2007€¦ · St.George Bank Enterprise Agreement 2007 4 TR means Total Remuneration which is an amount of salary which excludes compulsory employer

St.George Bank Enterprise Agreement 2007 1

ST.GEORGE BANK ENTERPRISE AGREEMENT 2007 PART 1 - APPLICATION AND OPERATION OF AGREEMENT 1. TITLE OF AGREEMENT This Agreement will be known as the St.George Bank Enterprise Agreement 2007. 2. CONTENTS PART 1 - APPLICATION AND OPERATION OF AGREEMENT 1. Title of Agreement 2. Contents 3. Definitions 4. Parties Bound and Relationship to Award 5. Coverage of Agreement 6. Commencement Date and Duration of Agreement 7. Anti-Discrimination and Equal Employment Opportunity PART 2 – WORKPLACE INITIATIVES, CONSULTATION AND DISPUTE RESOLUTION 8. Introduction of Major Changes in the Workplace 9. Information Sharing 10. Staffing 11. Training 12. Performance Assessment 13. Dependant Care 14. Employee Reward Share Plan 15. Dispute Settlement Procedure

PART 3 - TYPES OF EMPLOYMENT

16. Employment Categories 17. Full-time Employment 18. Probationary Employment 19. Part-time Employment 20. Casual Employment 21. Changing Type of Employment 22. Job Sharing PART 4 - SALARIES AND RELATED MATTERS

23. Payment of Salary 24. Salary Rates 25. Changing From Non-Packaged to Packaged 26. Red Circled Employees Earning Above the Salary Range 27. Superannuation 28. Salary Sacrifice 29. Higher Duties 30. Minimum Increase on Promotion 31. Job Evaluation


32. Salary Review for Packaged Employees 33. Incentive Schemes 34. Reimbursement for Travelling and Temporary Duties and BankSA Allowances 35. Pay Equity

PART 5 - HOURS OF WORK AND RELATED MATTERS

36. Hours of Work 37. Meal Breaks 38. Rest Breaks 39. Overtime 40. Recall to Duty and Stand-by

PART 6 - LEAVE AND PUBLIC HOLIDAYS

41. Annual Leave 42. Personal/Carers’ Leave 43. Compassionate Leave 44. Long Service Leave 45. Parental Leave 46. Jury Duty Leave 47. Leave Without Pay 48. Public Holidays

PART 7 - TERMINATION AND RETRENCHMENT

49. Termination of Employment 50. Redundancy, Redeployment and Retrenchment

PART 8 - OCCUPATIONAL HEALTH AND SAFETY

51. Occupational Health and Safety 52. Corporate Wardrobe 53. Workers’ Compensation Make-Up Pay

PART 9 - FSU RELATED MATTERS

54. St.George/FSU Relationship APPENDIX A – SHIFTWORK 3. DEFINITIONS Act means the Workplace Relations Act 1996 as amended. Agreement means the St.George Bank Enterprise Agreement 2007. Award means the St.George Bank Employees Award 2002. Commission means the Australian Industrial Relations Commission.


Employee means a full-time, part-time, flexible part-time or casual employee whose conditions of employment are regulated by this Agreement, unless expressly stated otherwise. FSU means the Finance Sector Union of Australia. Ordinary hours means the ordinary hours of work as prescribed in clauses 36.1 and 36.2 of this Agreement. Ordinary rostered hours means the ordinary rostered hours of an employee. Ordinary time earnings means the payment for working ordinary hours including the relevant loadings set out in clause 36.4 of this Agreement for working ordinary hours on weekends and public holidays. It does not include: • bonuses • commissions • payments pursuant to a profit participation scheme or any other incentive payment • overtime payments • shift allowances • any other allowances. Non-packaged employee means an employee who is paid a salary rate as prescribed by this Agreement and is not in receipt of a salary package. Packaged employee means an employee (other than a casual employee) who has accepted a salary package prior to the lodgment of this Agreement; or after the lodgment of this Agreement they are offered and accept a salary package with a TEC of not less than $59,195 (or after 1 October 2008 they are offered and accept a salary package with a TEC of not less than $61,563 and after 1 October 2009 they are offered and accept a salary package with a TEC of not less than $64,025) and they are exempt from the provisions of this Agreement as set out in clause 5.2, Exemptions. Permanent Employee means a full-time, part-time or flexible part-time employee, but does not include a casual employee or an employee engaged for a fixed term. Previous BankSA employee means an employee employed by BankSA before 23 August 1996. Salary package means the total value of an employee’s cash and non-cash benefits. Sales oriented position means Mobile Lending Manager, Business Development Manager, Lending Manager and such other positions which may be agreed between the FSU and St.George from time to time. St.George means St.George Bank Limited. TEC means Total Employment Cost which is the total amount of salary and compulsory employer superannuation contributions. In this Agreement, TEC is expressed on a full-time equivalent basis.


TR means Total Remuneration which is an amount of salary which excludes compulsory employer superannuation contributions and applies to employees who are members of the M&F Retirement Fund. In this Agreement, TR is expressed on a full-time equivalent basis. 4. PARTIES BOUND AND RELATIONSHIP TO AWARD 4.1 This Agreement is binding upon:

• St.George Bank Limited (ABN 92 055 513 070); • the Finance Sector Union of Australia (ABN 27 843 406 938); and • employees of St.George covered by this Agreement.

4.2 This Agreement replaces the St.George Bank Enterprise Agreement 2004 and the

St.George Bank Employees Award 2002. 5. COVERAGE OF AGREEMENT 5.1 General coverage

This Agreement covers all St.George employees except for those employees above Grade 51 and who are in receipt of a TEC greater than $95,755 per annum or a TR greater than $90,979 per annum (or from 1 October 2008, a TEC greater than $99,585 per annum or a TR greater than $94,618 per annum and from 1 October 2009, a TEC greater than $103,568 per annum or a TR greater than $98,402 per annum).

5.2 Exemptions 5.2(a) Packaged employees covered by this Agreement are exempt from the

following provisions:

Probationary Employment clause 18 Salary Rates clause 24 Superannuation clause 27 Higher Duties clause 29 Working Away from Usual Place of Work clause 34.1 Travelling and Transport Arrangements clause 34.2 Motor Vehicle Expense Reimbursement clause 34.3 Hours of Work clause 36.1,36.2,36.5 & 36.6 Overtime clause 39 Recall to Duty and Stand-by clause 40 Annual Leave Loading clause 41.3 Flexible Bank Holiday clause 48.1(a)(ii)(1)&(2) Loan Arrangements clause 50.10 Corporate Wardrobe clause 52 Shift Work Appendix A


5.2(b) Non-packaged employees (excluding Branch Managers) who are receiving an annual salary above $59,195 (or after 1 October 2008 above $61,563 and after 1 October 2009 above $64,025) or any other non-packaged employee employed in a sales oriented position (as defined) are exempt from the following clauses:

Hours of work clause 36.1,36.2,36.5 & 36.6 Overtime clause 39 Recall to Duty and Stand-by clause 40 Shift Work Appendix A

Provided that non-packaged employees who are not in a sales oriented position and who are required to work ordinary hours on a weekend, will receive the appropriate weekend loadings as provided for in clause 36.4 for all time so worked.

6. COMMENCEMENT DATE AND DURATION OF AGREEMENT

This Agreement will commence on the date it is duly lodged with the Workplace Authority and will have a nominal expiry date of 1 October 2010.

7. ANTI-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY 7.1 It is the intention of the parties to this Agreement to achieve the principal object of

section 3(m) of the Act which is to provide a framework for co-operative workplace relations by respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of:

• race • colour • sex • sexual preferences • age • physical or mental disability • family responsibilities • pregnancy • religion • political opinion • national extraction • social origin • marital status • any other ground designated as unlawful discrimination under the relevant

legislation 7.2 Accordingly, in fulfilling their obligations under clause 15, Dispute Settlement

Procedure, St.George and any nominated employee representatives (which may include the FSU) must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects.

7.3 Nothing in this Provision is to be taken to effect:


7.3(a) any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

7.3(b) an employee, or employer or registered organisation, pursuing matters of

discrimination in any State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

7.3(c) the exemptions in Regulation 8.6(2) of the Act. 7.4 No employee will suffer any form of disadvantage or discrimination because they

exercised any rights contained in or participated in any part of the processes set out in this Agreement.

7.5 St.George recognises the right of employees to equal employment opportunity and

will facilitate the provision of equal employment opportunities to employees. 7.6 Entry into employment, selection for specific work and career progression will be

determined on the basis of individual merit and criteria related to the effective performance of the work.

7.7 St.George and the FSU will discuss and review the ways in which appropriate EEO

standards can be developed and maintained for employees of St.George. PART 2 – WORKPLACE INITIATIVES, CONSULTATION AND DISPUTE RESOLUTION 8. INTRODUCTION OF MAJOR CHANGES IN THE WORKPLACE 8.1 Duty of St.George to give notice of change 8.1(a) Where St.George has made a definite decision to introduce major changes in

program, organisation, structure or technology that are likely to have a significant effect on the work of employees, St.George will notify the employees who may be affected by the proposed changes and any representative nominated by the employees (which may include the FSU). These notifications will be given concurrently where practicable.

8.1(b) Significant effect includes termination of employment; major changes in the

composition, operation or size of St.George's workforce or in the skills required; the elimination or diminution of job opportunities; the need for the alteration of hours of work; promotion opportunities or job tenure; the need for retaining or transferring employees to other work or locations and the restructuring of jobs. Provided that where this Agreement makes provision for alteration of any of the matters referred to above, such alteration will be deemed not to have significant effect.

8.2 Duty of St.George to discuss change 8.2(a) St.George will discuss with the employees affected and any representative

nominated by the employees (which may include the FSU), among other things, the introduction of the changes referred to in clause 8.1, the effect the changes are likely to have on employees, measures to avert or mitigate


the adverse effects of such changes on employees and will give prompt consideration to matters raised by the employees and the FSU in relation to the changes.

8.2(b) The discussions will commence as early as practicable after a definite decision

has been made by St.George to make the changes referred to in clause 8.1(a).

8.2(c) For the purpose of such discussion, on a without prejudice basis, St.George

will provide in writing to the employees concerned and any representative nominated by the employees (which may include the FSU) all relevant information about the changes including the nature of the changes proposed and the expected effect of the changes on employees and any other matter likely to affect employees. In regard to the provision of the above information however, St.George will not be required to disclose confidential information.

8.3 Off-shoring

During the first 3 months of this Agreement, St.George and the FSU will develop specific guidelines relating to off-shoring and St.George will apply these guidelines in situations of off-shoring.

9. INFORMATION SHARING 9.1 For the purpose of this clause, “Employee Benefits Package” is defined as those

additional employee benefits provided to employees. They are not regulated by this Agreement and are provided at the discretion of St.George.

9.2 For the purpose of assisting employees in ensuring observance of St.George staffing

methodologies, St.George agrees to provide on a quarterly basis to the FSU, information in regard to staffing complements across business units to facilitate an understanding of St.George’s deployment of staff. Information provided will be records of the number of staff in each generic job role/classification, category of employment and state/region/business unit, including a breakdown by gender.

9.3 St.George and the FSU agree to meet annually to discuss the Employee Benefits

Package provided by St.George and any suggestions made by the FSU or employees for additions or changes will be given due consideration by St.George.

9.4 St.George will provide employees and the FSU with updates on the Employee

Benefits Package so that they are kept informed of any changes to the package that may be made by St.George from time to time.

9.5 St.George agrees to meet with a group of packaged employees nominated by the

FSU to discuss issues specific to packaged employees covered by this Agreement. The number and composition of this group will be agreed between St.George and the FSU and the group will meet no less than twice a year.


10. STAFFING 10.1 St.George recognises that staffing levels which reflect customer needs and usage

levels as well as business levels are necessary to the achievement of St.George’s business objectives.

10.2 St.George will continue to regularly review its staffing methodologies to ensure that

they are consistently applied and remain current. St.George is committed to fully staffing workplaces in accordance with appropriate staffing methodologies and ensuring that Department and Branch teams are trained in the effective use of appropriate tools and techniques for scheduling and rostering.

10.3 St.George acknowledges that overtime should be recorded and paid correctly to

maintain the integrity of staffing data. 10.4 When determining staffing levels for a workplace consistent with clause 10.1,

St.George will take into account all relevant local factors including but not limited to, staff experience, market demographics and business opportunities. Appropriate break times and time for training new and existing employees are factors that will be considered by St.George and built in when determining staffing levels to support productive and effective work.

10.5 St.George will take all reasonable steps to fill vacant positions promptly consistent

with business needs. To this end a six-week maximum period to permanently fill vacancies will be St.George’s aim. It is acknowledged that there will be some limited circumstances in which this timeframe is not achievable. Until the position is filled, relief staff/casuals should be used.

10.6 St.George is committed to conducting its operations via employed fulltime and part-

time permanent staff wherever possible, and in other instances with casual employees in accordance with clause 20, Casual Employment.

10.7 In the event of vacant permanent positions involved in core work (i.e. work usually

performed by St.George employees), all avenues for permanent employees, particularly any employees on redeployment, are to be exhausted prior to external recruitment.

10.8 In order to reduce any impact on the business or on permanent employees, any

required training will be provided to employed casual or labour hire employment agency staff will be consistent with the training provided for permanent employees doing similar work.

10.9 In the Branch network, relief (internal, external or casual) will be used to cover all

planned and unplanned absences (including personal carers’ leave, annual and long service leave and training). It is acknowledged that there may be some limited circumstances where this is not possible due to such factors as lack of casual staff availability. When this arises, St.George will take all practicable steps to relieve immediate pressures on staff and to ensure that effective steps are taken to avoid as far as possible a repeat of the situation.


10.10 St.George will take steps to ensure that appropriate training in all significant aspects of work to be performed is provided for entry level recruits to the Branch network at the time of joining St.George.

10.11 When a manager rates the overall performance of staff, all factors relevant to work

outcomes including staffing levels during the performance period will be taken into account.

10.12 Consistent with St.George’s obligation to consult with the FSU concerning significant

change in accordance with clause 8, St.George will advise the FSU of any significant programs or initiatives which will impact on staffing levels.

10.13 Where any problem with regard to staffing and relief levels is identified by

employees or their nominated representative (which may include the FSU), this problem should be drawn to the attention of the appropriate representative of St.George who will assess and rectify the matter where necessary.

11. TRAINING 11.1 St.George is committed to providing quality training to assist employees:

• in meeting their next logical step in their career development within St.George; • to become fully effective in their roles/positions; and • to develop a broad understanding of St.George operations.

11.2 St.George will provide essential skills training for all categories of employees so

they are able to perform all aspects of their role competently. 11.3 St.George will provide adequate time for an employee to receive work related

training as required by St.George (including time to undertake any associated requirements of the training) during their normal rostered hours. An employee will not have their salary (including any loadings for working ordinary hours) reduced as a result of attending training.

11.4 Adequate relief will be provided to cover employees undertaking training. 11.5 A fair and consistent selection process will be used for employees to access training. 11.6 St.George will apply consistency in the way training is delivered to employees and

training will be used to support achieving consistency in current work practices. 11.7 Any employee who is requested and agrees to assume the responsibility for training

employees will be provided with regular performance feedback, which will be recorded, and appropriate comments included in their next performance review. An employee undertaking these responsibilities will have their participation taken into account when measuring their performance against targets.

Career development 11.8 An employee and their manager will be responsible for identifying training and

career development opportunities. The manager will assist and encourage an employee in their career development in accordance with their responsibility to


manage the performance of all employees. An employee will have the opportunity to enter into an appropriate career development plan with their manager which may include a reasonable opportunity to work in a desired job role and have their progress monitored against the agreed plan through regular reviews.

11.9 If an individual employee believes that they are not being provided with access to

training opportunities to which they could have reasonably expected in order to perform their current job role or have not been provided reasonable opportunities to work in a desired job role, they will be entitled to seek a review with their next level manager and if not satisfied with this review, they can initiate clause 15, Dispute Settlement Procedure.

11.10 St.George recognises the importance of encouraging career progression and

ensuring that employees are promoted on the basis of merit. Accordingly, St.George will advertise all positions (except for specialist positions) internally to allow staff the opportunity to apply for these positions. Provided that St.George may concurrently advertise positions externally. Specialist positions are defined as packaged positions requiring a high level of expertise, specialisation and/or accreditation.

12. PERFORMANCE ASSESSMENT 12.1 The performance assessment process will be based on both performance objectives

(inclusive of measures and targets) and values based behaviours. The performance objectives are mutually agreed and linked to the overall St.George Group objectives and will be reviewed and effectively communicated on an annual basis.

12.2 Mutual agreement will mean that performance objectives will be discussed and

agreed with the workplace team (or individual employee where appropriate) concerned to ensure that they reflect the work being undertaken, are realistic and achievable within ordinary rostered hours and are reflective of Divisional and St.George Group wide objectives and values.

12.3 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:

• staffing numbers in the employee’s workplace; • objectives not being limited to outcome based criteria and will include

demonstrable activities/behaviours; • market factors; • provision of appropriate and relevant training to perform current job roles; • the employee’s experience; and • approved absences from normal duties.

12.4 Any changes during the period for which performance objectives are set will be by

agreement between the employee and/or team and their immediate manager. 12.5 St.George will ensure that managers have access to training material in the setting

of objectives and the conducting of performance appraisals and St.George will encourage the use of these materials. The performance appraisal process will be fair and transparent.


12.6 St.George policies in relation to performance appraisals will be available to all employees on the St.George intranet.

12.7 Call monitoring 12.7(a) Call monitoring may be used in St.George for the purpose of:

• identifying employee training and development needs; • providing an opportunity for appropriate recognition; • ensuring consistency and quality of service and information provided by

employees to customers; and • assisting in the resolution of disputes between a customer and St.George

(a “disputed call”)

provided that call monitoring will not be used as the sole determinant of assessing an employee’s performance (except in cases of serious and wilful misconduct).

12.7(b) Call monitoring will only be conducted by appropriately trained and

accredited employees. 12.7(c) (i) Each employee may have a maximum of four (4) calls monitored in

each four (4) week cycle, or a maximum of six (6) calls in each four (4) week cycle in the case of employees during the first 12 months of service. Provided that where as a result of this monitoring, there are performance concerns in relation to a particular employee, the employee will be advised of the specific concerns and there may be a need to monitor additional calls in the cycle. Any additional monitoring will be reasonable in the circumstances and in such a case the employee will be given reasonable notice of the details of this additional monitoring.

12.7(c) (ii) Feedback will be provided to an employee by their manager and/or the

person monitoring their calls and this will occur as soon as practicable (but no later than a week from the date of monitoring) unless otherwise agreed.

12.7(d) In cases where St.George record calls, the recordings of such calls will not be

retained beyond a reasonable time necessary to allow for relevant feedback to be given to an employee and address any development issues.

12.7(e) Where continuous call recording is in operation, such recordings will only be

used for the purposes of call monitoring in the manner described in 12.7(c)(i), for the purposes of assisting in relation to a disputed call or in cases where St.George has reason to suspect that an employee is engaging in serious and wilful misconduct.


13. DEPENDANT CARE

St.George will provide an advisory information and referral service for employees to use in relation to childcare needs and aged care needs. St.George will continue to subsidise the work based childcare centre located at Kogarah and provide assistance in offsetting childcare expenses at this centre.

14. EMPLOYEE REWARD SHARE PLAN 14.1 At its discretion, St.George may provide eligible employees with the opportunity to

apply for an allocation of shares in St.George under the Employee Reward Share Plan (the “Plan”).

14.2 St.George may vary the application and/or terms of the Plan at any time. St.George

will advise employees and the FSU of any significant changes to the way in which the Plan operates. Benefits provided by St.George under the Plan do not form part of this Agreement and neither the Plan nor the operation of the Plan will be the subject of negotiation between the parties.

15. DISPUTE SETTLEMENT PROCEDURE 15.1 Any dispute (including potential dispute) or claim arising under this Agreement will

be submitted to the following procedure: 15.1(a) as soon as is practicable after the dispute or claim has arisen, the employee

will take the matter up with their immediate supervisor affording them reasonable opportunity to remedy the dispute or claim;

15.1(b) where the attempt at settlement has failed, or where the dispute or claim is

of such a nature that a direct discussion between the employee and their immediate supervisor would be inappropriate, the employee will immediately take the matter up with their next level manager;

15.1(c) if the matter remains unresolved in so far as either party is concerned, the

Human Resources Manager will be notified and will attempt to resolve the dispute or claim;

15.1(d) where steps (a) to (c) have failed to resolve the matter or where the dispute

or claim is of such a nature that a direct discussion between the employee and their Manager and/or the Human Resources Manager would be inappropriate, the employee may notify a duly authorised representative of the FSU or other employee nominated representative who, if the representative considers that there is some substance to the dispute or claim, will take the matter up directly with St.George;

15.1(e) notwithstanding step (d), an employee who is an FSU member may contact

the FSU office or workplace FSU representative seeking guidance at any stage of the procedure;

15.1(f) if the matter is not settled, it can be submitted to the Commission by either

party, including the FSU upon request of an affected member, in an endeavour to resolve the dispute by conciliation and/or arbitration; and


15.1(g) without prejudice to either party, all work will continue in accordance with this Agreement while the matters in dispute are being dealt with in accordance with this clause.

15.2 Any decision of the Commission will bind the parties, subject to either party

exercising a right of appeal against the decision to a Full Bench. 15.3 The Commission shall have in respect to conciliation and arbitration, all the

substantive and procedural powers necessary or convenient for the just resolution of the dispute. Without limiting the above, in arbitration the Commission may exercise procedural powers to determine matters related to representation, hearings, witnesses, evidence and submissions necessary to make the arbitration effective.

15.4 The Commission shall: 15.4(a) avoid unnecessary formality, technicalities and legal forms; 15.4(b) not be bound by the rules of evidence; 15.4(c) act according to equity, good conscience and the substantial merits of the

case; 15.4(d) apply the principles of natural justice; 15.4(e) have the power to determine appropriate remedies to resolve the dispute; 15.4(f) unless otherwise agreed by the parties, provide any decisions in writing,

accompanied (or followed) by written reason. 15.5 Any arbitration proceeding shall, unless otherwise agreed by the parties to the

dispute, or their representatives, be recorded and transcribed. PART 3 – TYPES OF EMPLOYMENT 16. EMPLOYMENT CATEGORIES 16.1 Employees will be employed in one of the following categories:

• full-time employment; • part-time employment; • flexible part-time employment; or • casual employment.

16.2 At the time of engagement, St.George will inform each employee of the terms of

their engagement and in particular, whether they are to be fulltime, part-time, flexible part-time or casual.

17. FULL-TIME EMPLOYMENT

A full-time employee is an employee engaged to work full-time ordinary hours in accordance with subclause 36.1, Ordinary Hours of Work.


18. PROBATIONARY EMPLOYMENT 18.1 An employee will be initially engaged for a 3 month probationary period. The initial

period of 3 months may be extended by St.George for a further period to address identified and communicated performance issues or to account for absences during the initial 3 month period, but the period must not exceed 6 months in total.

18.2 In lieu of 18.1 above, an employee may be initially engaged for a probationary

period of up to 6 months provided that such period is reasonable, having regard to the nature of the work.

18.3 An employee’s performance will be monitored by St.George during the probationary

period and the employee may be counselled about their performance during this period.

18.4 If an employee’s performance is unsatisfactory during or at the conclusion of the

probationary period, their employment may be terminated in accordance with clause 49, Termination of Employment.

19. PART-TIME EMPLOYMENT 19.1 Part-time employment may be worked by either a part-time employee or a flexible

part-time employee as set out in this clause. 19.2 Part-time employees 19.2(a) A part-time employee is an employee who:

(i) works less than full-time hours; (ii) has regular and predictable hours of work; and (iii) receives, on a pro-rata basis, equivalent pay and conditions to those of

full-time employees who do the same kind of work. 19.2(b) A part-time employee may be engaged for the same number of hours as a

full-time employee when occupying that full-time position for a limited period.

19.2(c) At the time of engagement, St.George and the part-time employee will agree

in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

19.2(d) The minimum hours for each engagement for a part-time employee is 3

hours or where 3 hours is not worked, a payment for a minimum of 3 hours. 19.2(e) A part-time employee may be eligible for salary packaging where the part-

time salary equates to the equivalent full-time salary on a pro-rata basis calculated on the actual number of hours worked.


19.3 Flexible part-time employees 19.3(a) A flexible part-time employee may only be engaged to work in St.George’s

operations in South Australia. 19.3(b) A flexible part-time employee is contracted to work between a minimum and

maximum number of hours over a 4-week cycle. The contracted hours will be no less than 16 hours and no more than 135 hours per 4-week cycle. The fortnightly pay will be based on the actual hours worked in that fortnight.

19.3(c) The minimum hours for each engagement for a flexible part-time employee is

3 hours or where 3 hours is not worked, a payment for a minimum of 3 hours.

19.3(d) A flexible part-time employee must be available to work within the contracted

minimum/maximum ordinary hours and a roster will be provided one month prior to the beginning of each cycle detailing the hours of work. Any alteration to such roster once set will require the mutual agreement of both parties.

19.3(e) Where there is to be a change to the regular pattern of ordinary hours

worked in the workplace, a flexible part-time employee will be involved in the change process on both an individual and a collective basis in accordance with subclause 36.7, Change Procedure, with the exception of subclause 36.7(d), which has no application.

19.3(f) A flexible part-time employee will receive, on a pro-rata basis, equivalent

salary to that of a full-time employee who does work at the same grade or level.

19.3(g) A flexible part-time employee may only work in excess of 135 hours in a

cycle by mutual agreement, provided that a 25% loading will be paid for hours worked between 135 and 152 in a cycle. Hours worked in excess of 152 in a cycle will be paid at overtime rates.

19.3(h) Increase to the Minimum Contracted Hours

(i) A flexible part-time employee who has worked the same total number of rostered hours over 4 consecutive 4-week roster cycles has the right to elect to have their ongoing contract of employment converted to reflect this increased minimum. Notwithstanding that any temporary changes to the roster according to clause 36.7(b) will not negate the employee’s rights under this clause.

(ii) Within four weeks of meeting the conditions of subclause (i) above,

St.George shall give the employee written notice of the option to convert to the increased minimum.

(iii) An employee who does not elect to convert to the increased minimum

within four weeks of receiving the written notice in subclause (ii) above, will remain at the original contracted hours.


(iv) Provided that once an employee has allowed this option to lapse, the provisions of subclause (i) do not apply until a further 4 consecutive 4-week cycles have been worked assessed from the time the option to convert to the increased minimum lapsed.

19.3(i) Converting to permanent part-time

(i) A flexible part-time employee who has worked the same hours on the same days for 6 consecutive 4-week cycles has the right to elect to have their ongoing contract of employment converted to reflect permanent part-time status.

(ii) Upon meeting the conditions of subclause (i) above, St.George shall

give the employee written notice of the option to convert to permanent part-time employment.

(iii) An employee who does not elect to convert to permanent part-time

employment within four weeks of receiving the written notice in subclause (ii) above, will remain flexible part-time. Such employee will have the right to convert to permanent part-time status at anytime provided that they remain on the same pattern of employment.

20. CASUAL EMPLOYMENT 20.1 A casual employee is employed by the hour and is engaged:

• on an irregular and unpredictable basis; or • although regular, for a fixed or limited duration only.

20.2 A casual employee is entitled to a minimum payment of 3 hours for each

engagement. 20.3 A casual employee will be paid an hourly rate equal to the relevant classification

rate divided by 37.5 plus a loading of 20 per cent. 21. CHANGING TYPE OF EMPLOYMENT 21.1 Any change to the type of employment e.g. full-time to part-time, must be

voluntary. St.George will make all reasonable attempts to accommodate a change to part-time employment where the change is required for family reasons.

21.2 If an employee’s type of employment is varied, all accrued rights and benefits,

whether provided by this Agreement, legislation or individual contract will be maintained and employment deemed continuous.

21.3 If a full-time employee’s contract is varied to part-time (including flexible part-time)

or casual or where a part-time (including flexible part-time) employee’s contract is varied to casual, any accrued annual leave which may not otherwise be available to that employee must be taken immediately before or after the variation.


22. JOB SHARING 22.1 Job sharing is an arrangement where two employees share one full-time position. 22.2 St.George will promote job sharing where the needs of customers, employees and

St.George can be met efficiently. All vacant positions that can be job shared will be identified accordingly when they are advertised.

22.3 St. George will promote a job share register whereby: • Employees can register their interest, preferences and details for job share; and • Employees can search for suitable job share partners.

22.4 A job share arrangement will be in accordance with the following provisions: 22.4(a) Job sharing employees will hold separate contracts of employment and will be

deemed to be part-time employees. Job sharing employees have the same rights, opportunities, access to training and career paths as other permanent employees. Both job share employees will be given the opportunity to attend critical meetings, workshops and training.

22.4(b) Before a job share arrangement starts, the employees and St.George will

sign an agreement stating:

(i) the hours of work for each job share employee;

(ii) how the tasks and responsibilities will be shared;

(iii) how knowledge and information will be shared so both employees can perform the role effectively;

(iv) the expected life of the job share arrangement;

(v) how periods of leave are to be covered;

(v) that if one of the job share employees resigns or takes another position, the arrangement will be cancelled unless a replacement job share employee can be found;

(vii) no redundancy will arise when one job share employee leaves a job

share arrangement; and

(viii) that when one job share employee leaves the job share arrangement, the remaining job share employee can: • continue the job share arrangement with a new job share

employee; • assume the job share position as a full-time position; or • take another employment alternative i.e. another job share

arrangement, full-time or part-time position at a similar level within St.George.


22.5 When a position can be performed as two part-time positions and two employees wish to share, the position will be split into two part-time positions instead of formal job share. This gives both employees more flexibility to change their work and family arrangements independently.

22.6 St.George will continue to enhance existing job share arrangements for St.George

employees, including provisions to ensure:

• a greater employee awareness of job share provisions and possibilities; and • a commitment to job share of managerial/supervisory and specialised positions

to provide career possibilities for employees working less than full time hours.

PART 4 – SALARIES AND RELATED MATTERS 23. PAYMENT OF SALARY 23.1 An employee’s salary will be paid by direct deposit into their St.George Group Bank

account on the same day each fortnight. 23.2 An employee may avail themselves of appropriate payroll deductions provided such

deductions are not prohibited under the Act. 23.3 Payment upon termination or resignation 23.3(a) Where an employee’s employment is terminated by St.George, all monies

due will be paid on the date of termination (with the exception of any “Employer ETP” which may be paid at a later time agreed with the employee).

23.3(b) Where an employee resigns from their employment with St.George, all

monies due will be paid on the payday following the employee’s last day of employment, provided that an employee will be paid all monies due on their last day of employment where such a request is made at the time of giving the required notice.

23.4 St.George will not be in breach of clause 23.3 if there is any delay in the payment

of monies due to the termination of a motor vehicle novated lease arrangement. 24. SALARY RATES 24.1 During the life of this Agreement, an employee will receive an increase to their

salary as follows:

• 4% from the first full pay period on or after 1 October 2007; • 4% from the first full pay period on or after 1 October 2008; and • 4% from the first full pay period on or after 1 October 2009.

24.2 Increase to minimum salary rates 24.2(a) An employee will be paid not less than the following annual salary rates:


Grade Salary Rate effective from the first full pay period on or after 1 October 2007

Salary Rate effective from the first full pay period on or after 1 October 2008

Salary Rate effective from the first full pay period on or after 1 October 2009

43 $37,670 - $40,152 $39,177 - $41,758 $40,744 - $43,429

44,45 $39,209 - $44,032 $40,777 - $45,793 $42,408 - $47,624

46,47 $40,156 - $46,231 $41,763 - $48,080 $43,433 - $50,004

48 $41,586 - $52,067 $43,250 - $54,149 $44,980- $56,315

49 $41,586 - $60,602 $43,250 - $63,026 $44,980 - $65,547

50 $44,426 - $65,882 $46,203 - $68,517 $48,051 - $71,258

51 $48,196 - $67,313 $50,124 - $70,005 $52,128 - $72,806

24.2(b) An employee employed in the Customer Contact Centre to perform an

external customer interfacing role e.g. consultants in the sales and service areas, team leaders and senior lenders (residential support) will be paid not less than the following annual salary rates:

Level

Salary Rate effective from

the first full pay period on or

after 1 October 2007







1 $40,933 $42,571 $44,274

2 $42,584 $44,287 $46,059

3 $46,662 $48,528 $50,469

4 $50,302 $52,314 $54,406

5 $51,257 $53,308 $55,440

6 $52,555 $54,658 $56,844

Team Leader

$52,934 - $68,833 $55,051 – $71,587 $57,253 - $74,450

24.2(c) (i) Where St.George proposes to make changes to the Career Path Model

in the Customer Contact Centre which will have a significant effect on the employees covered by this model, St.George will notify employees and their nominated representative (which may include the FSU) of the proposed changes as soon as practicable and prior to any such changes being implemented.


(ii) When St.George consults with employees and their nominated representatives (which may include the FSU) on any such changes, employees and their nominated representative will have an opportunity to raise concerns or issues that will be then given due consideration by St.George before any such changes are implemented.

24.3 Adjustment to Allowances 24.3(a) The following expense related allowances will be adjusted in November of

each year by applying the increase in the CPI between consecutive September quarters using the ABS All Groups Index Numbers (weighted average of 8 capital cities):

• Motor vehicle expense reimbursement (clause 34.3(a)) • Relief Allowance (clause 34.5(b)) • Meal allowance (clause 39.3(a)) • Relocation allowance (clause 50.5(b)(xi)) • First aid allowance (clause 51.4) Clause Type of Allowance Amount 34.3(a) Motor vehicle

expense reimbursement

1500cc and over - $104.86 per week Over 1500cc - $125.31 per week

34.5(b) Relief Allowance $50.00 per week 39.3(a) Meal Allowance $11.74 50.5(b)(xi) Relocation

Allowance $782.03

51.4 First Aid Allowance $ 9.41 per week 24.3(b) The following allowances will be adjusted to reflect the set rate per kilometre

for car expenses as determined from time to time by the Australian Taxation Office:

• Vehicle per kilometre rate (clause 34.3(b))

Clause Type of Allowance Amount 34.3(b) Incidental use of

motor vehicle allowance

Not exceeding 1600cc – 58 cents per km Exceeding 1600 but not more than 2600cc - 69 cents per km Exceeding 2600cc – 70 cents per km

24.3(c) The following salary related allowance will be adjusted at the same time and

by the same percentage amount as the increase to the minimum salary rates above:


• Standby/callback allowance (clause 40.3)

Clause Type of Allowance

Amount At first full pay period on or after 1 October 2007



40.3 Standby/ Callback Allowance

Mon. to Fri. – $16.30 per day Sat., Sun, Pub. Hols - $33.00 per day



25. CHANGING FROM NON-PACKAGED TO PACKAGED 25.1 Where an employee accepts a change from being a non-packaged employee to a

packaged employee, the salary package will include such value for those provisions that the TEC paid over a year would be sufficient to cover what the employee would have been entitled to if all the provisions exempted had actually applied. Accordingly, at the time of converting an employee to packaged, the calculation will ensure that there is no net detriment to the employee if compared to the employee remaining non-packaged in the same role and at the same grade as prescribed by this Agreement.

25.2 A non-packaged employee who is offered a salary package of up to $95,755 (and

then $99,585 from 1 October 2008 and then $103,568 from 1 October 2009) will be given the option of accepting such a package without risk to the position/promotion offered.

26. RED CIRCLED EMPLOYEES EARNING ABOVE THE SALARY RANGE

Where an employee accepts a lower grade position and they retain a salary above the range for the new position, St.George and the employee may agree in writing that the employee is red circled until such time as their salary falls within the salary range for the grade of the position they occupy. Provided that any such employee will receive the first 4% increase provided for in clause 24.1 of this Agreement.

27. SUPERANNUATION 27.1 Fund Choice

At the time of employment, an employee will be provided a genuine choice between the two nominated Superannuation Funds listed below as to where St.George will make contributions on their behalf in satisfaction of the superannuation guarantee legislation. If an employee is not an eligible member under the terms of the Deed of either fund, then contributions will automatically be made to the alternate fund. If the employee fails to advise St.George of the fund chosen, then St.George is authorised to enroll the employee as a member of one of the Nominated Superannuation Funds referred to in clause 27.2(a) below and make contributions accordingly.


27.2 Nominated Superannuation Funds 27.2(a) The Nominated Superannuation Funds are:

(i) St.George Staff Super (a Sub-Plan of the Plum Superannuation Fund) as may be amended from time to time and includes any superannuation scheme which may be made in succession to it; or

(ii) FINSUPER (a Sub-Plan of Australian Super) as may be amended from

time to time and includes any superannuation scheme which may be made in succession to it.

27.2(b) Provided that where agreed to by St.George, an employee may elect to have

their superannuation contributions directed to the Asgard Employee Superannuation Account as may be amended from time to time including any superannuation scheme which may be made in succession to it.

27.3 Contributions made on behalf of an existing employee in satisfaction of the

superannuation guarantee legislation will continue to be made to the fund in which those contributions are currently being made (this includes any superannuation scheme in succession to those funds), unless the employee makes a valid election to redirect their superannuation contributions to another complying superannuation fund.

27.4 In respect of each employee, St.George will contribute to the relevant fund in

compliance with the Superannuation Guarantee (Administration) Act 1992. St.George will continue to make employer contributions to employees earning below the threshold stipulated by the superannuation guarantee legislation, on loadings for work during ordinary hours and on shift loadings.

28. SALARY SACRIFICE 28.1 General 28.1(a) The objective of this clause is to enable a permanent employee to make

voluntary pre-tax contributions or payments through a written salary sacrifice agreement between St.George and the employee. St.George will pay the salary sacrifice amount in accordance with the salary sacrifice agreement.

28.1(b) An employee may apply to St.George to have their ordinary time earnings (or

in the case of a packaged employee, the cash component of their TEC/TR), reduced by an amount nominated by them as a salary sacrifice contribution for their benefit. The amount paid to an employee following the deduction of the salary sacrifice contribution will be their post salary sacrifice salary.

28.1(c) The total value of the reduced salary and the agreed value of the benefits

provided will not be less than the amount that would otherwise be paid if the salary sacrifice arrangement was not in place.

28.1(d) Any allowance, penalty rate, payment for unused leave, termination

entitlements, weekly workers compensation or other payment, to which an employee is entitled under this Agreement or an Act which is expressed to be


determined by reference to an employee’s salary, will be calculated by reference to the salary which would have otherwise been paid if the salary sacrifice arrangement was not in place.

28.1(e) The parties recognise the need for employees to consider independent

financial and taxation advice and recommend that St.George employees consider such advice prior to entering into salary sacrifice arrangements.

28.1(f) In the event that the law governing superannuation and/or taxation make the

objective of this clause ineffective, unattainable or illegal, St.George will advise the employee concerned and the salary sacrifice contribution arrangement will be terminated or amended to comply with such laws.

28.1(g) Unless otherwise agreed by St.George, an employee may revoke or vary their

salary sacrifice contribution/payment by giving not less than one month’s written notice, provided the terms of any other agreement relating to the salary sacrifice benefit are met.

28.2 Superannuation 28.2(a) An employee may elect to make additional pre-tax contributions into their

chosen complying superannuation fund. 28.2(b) St.George will continue to make employer contributions for all employees to

nominated complying superannuation funds in accordance with relevant superannuation guarantee (SGC) legislation irrespective of any minimum SGC salary threshold that might apply.

28.3 Other salary sacrifice arrangements

As an additional employee benefit, an employee may elect with the agreement of St.George to make pre-tax salary sacrifice payments in order to:

• pay for child care which does not incur a Fringe Benefits Tax liability for

St.George; • purchase St.George shares; or • purchase a computer from a St.George approved supplier.

By agreement of St.George, an employee and the FSU, other items may be the subject of a salary sacrifice arrangement.

29. HIGHER DUTIES 29.1 An employee who is requested and agrees to assume responsibilities of another

employee in a higher grade for more than two consecutive days will be paid higher duties for such time in the higher position. If there are no suitable volunteers, St.George may require an employee to assume such responsibilities.

29.2 Payment for higher duties 29.2(a) Non-packaged to higher non-packaged position


A non-packaged employee performing duties in a higher non-packaged position will be paid the minimum rate of pay prescribed for the higher graded position or $12.50 per day, whichever is the greater.

29.2(b) Non-packaged to packaged position

A non-packaged employee performing higher duties in a packaged position will be paid the minimum rate of pay for a packaged position prescribed by this Agreement (less an amount representing the applicable superannuation contribution) or $15.00 per day, whichever is the greater.

29.3 Where an employee has been receiving a higher duties payment for a continuous

period of more than 6 months, they will continue to receive the higher duties payment for any days they are on leave (annual leave, personal/carers’ leave and public holidays but excluding long service leave) during or immediately following the period they have been performing in the higher duties position.

29.4 Where an employee has been receiving a higher duties payment for a minimum

period of 12 months, they will retain the rate of pay they were receiving whilst performing the higher duties and the grade for that position.

29.5 Where an employee in their normal position regularly receives weekend loadings,

and are not eligible under the higher duties role to receive such weekend loadings, they will not be financially disadvantaged.

29.6 A higher duties payment will not be reduced by any bonus, commission or other

incentive payment that would normally be available to the holder of the position and will not prevent an employee from receiving any increase in their rate of pay they would otherwise receive in their substantive position.

29.7 An employee who relieves in a higher position for one month or more will be

provided for the period of relief, performance feedback from their immediate manager, which will be recorded on the employee’s personnel file, and any appropriate comments included in their annual performance review.

30. MINIMUM INCREASE ON PROMOTION

In recognition of promotion to a higher grade, an employee will receive a salary increase of not less than 3% or to the new grade minimum, whichever is the greater, provided that the increase does not take their salary above the ceiling of the new grade.

31. JOB EVALUATION 31.1 The current job evaluation system provides a systematic and quantitative method

for assessing the relative work value of positions. All positions in St.George will be evaluated using this system and an employee will have access to an up-to-date position description that accurately reflects all key position accountabilities and the associated grade.


31.2 Where a change is proposed to the current job evaluation system that has an impact on job classifications or pay levels under this Agreement, the change will not be implemented by St.George without prior agreement with the FSU.

31.3 A St.George employee using the job evaluation methodology to evaluate positions

will be appropriately trained in the use of the system. 31.4 The following process will be used to evaluate positions: 31.4(a) A detailed position description will be supplied to the appropriate evaluator in

the business division. Where an evaluation of an existing position is proposed, the manager and the employee will agree on the position description to be used for the purpose of the evaluation;

31.4(b) An initial evaluation is completed and then checked by an appropriate

evaluator in a different business division; 31.4(c) If the two evaluations concur, the grading is confirmed; and 31.4(d) If the two evaluations differ, the Remuneration area within the HR division

will determine the evaluation. 31.5 Grading dispute 31.5(a) An employee may dispute their job grade and in such circumstances the

position will be evaluated in accordance with subclause 31.4 above. 31.5(b) An employee who disputes their job grade will be afforded the opportunity to

be briefed by Human Resources on the job evaluation methodology and how the grading was determined.

31.5(c) Where the dispute cannot be resolved at subclause 31.5(a) and (b), then the

employee may invoke clause 15, Dispute Settlement Procedure and proceed directly to clause 15.1(d) of that clause. St.George will provide any relevant and necessary information in resolving the dispute to the employee or their nominated representative (which may include the FSU) upon request.

32. SALARY REVIEW FOR PACKAGED EMPLOYEES 32.1 A packaged employee will have their salary reviewed on an annual basis. 32.2 When determining the available pool of funds for packaged employees salary

review, St.George will take into consideration (but will not be limited to) the following internal and external factors:

• Average weekly ordinary time earnings growth forecast; • Percentage change in the Consumer Price Index; • Relevant market prediction reports; • St.George’s forecasted budget; • Enterprise Agreement salary increases; and • Any changes to compulsory superannuation guarantee contributions.


32.3 Once the remuneration pool has been determined, packaged employees will be eligible to be considered for a salary adjustment from that pool. In determining individual salary adjustments, the process will: • be non-discriminatory; • be open and transparent; and • take into account an employee’s annual performance review.

32.4 At the conclusion of the remuneration review, St.George will provide packaged

employees with access to written advice of any remuneration changes. 32.5 The parties acknowledge that as packaged employees (as defined) are exempt from

clause 24, Salary Rates, the provisions of this clause do not provide any right to a salary increase.

33. INCENTIVE SCHEMES 33.1 St.George recognises the value of rewarding high performance and may utilise

incentive schemes in addition to payments under clause 24, Salary Rates, in order to determine appropriate incentive payments.

33.2 In implementing these incentive schemes St.George will ensure fairness and equity

applies to their operation. 33.3 Incentive schemes will have a set of principles, a clear purpose and a set of plan

rules which will be provided to each participant.

33.4 St.George will ensure that any payments are made in a timely manner upon achievement of the relevant criteria of the particular incentive scheme.

33.5 The parties agree that arbitration powers of the Commission referred to in Clause 15.1(f), Dispute Settlement Procedure, do not apply in the application of this clause.

34. REIMBURSEMENT FOR TRAVELLING AND TEMPORARY DUTIES AND BANKSA

ALLOWANCES 34.1 Working away from usual place of work 34.1(a) When an employee, in the course of their duty, is required to work

temporarily away from their usual place of work, the employee will be entitled to the following:

(i) fares and reasonable incidental expenses incurred over and above

those normally incurred by the employee going to and from the place at which St.George requires the employee to work;

(ii) all reasonable expenses actually incurred for overnight

accommodation; and

(iii) payment at the ordinary rate of pay for half of all time spent travelling in excess of that normally travelled between the employee’s place of


abode and their usual place of employment, provided that the time spent in travelling is outside the employee’s ordinary rostered hours.

34.2 Travelling and transport arrangements 34.2(a) Suitable transport arrangements for employees are to be established by

St.George, taking into account the requirements of the particular location, hours of work and any special circumstances.

34.2(b)

(i) St.George will give consideration to suitable transport arrangements to an employee’s residence where, as a result of an agreed change to an employee’s rostered hours, travelling issues arise because of:

• the usual means of travel not being available; and/or • the usual means of travel are unsafe.

(ii) Such assistance may include a taxi for all or part of the journey,

shared private transport, access to car parking or such other combination as agreed between an employee and their manager.

(iii) Employees in the Customer Contact Centre who cease work after

9.00pm, will be provided with either secure on-site parking or transport to the employee’s usual place of residence. St.George will consult with individual employees and take personal circumstances into account before making a decision on the facility provided.

34.2(c)

(i) Where an employee is directed to perform hours in addition to those rostered on any particular day and they have not had the opportunity to make or are unable to arrange appropriate travel arrangements, St.George shall arrange alternative travel arrangements to the employee’s residence. Such arrangements shall only be necessary where there is a risk to the employee’s personal safety.

(ii) Prior to the commencement of any additional hours as directed, the

employee and their manager shall discuss and agree the necessary travel considerations that may be required.

34.2(d) Where on the completion of the hours worked in 34.2(b) and/or 34.2(c)

above, an employee finds:

• the usual means of travel is not available; and/or • the usual means of travel is unsafe the employee may seek assistance from St.George where a reasonable alternative means of travel was undertaken.

34.2(e) Where an employee, in the course of their duty is required to go to any place

away from their usual place of employment, they will only be paid those reasonable expenses actually incurred.


34.3 Motor vehicle expense reimbursement 34.3(a) Where an employee is required under the terms of their employment to

provide a motor car on a frequent or regular basis they will be paid the following amount per week:

Vehicle Per Week 1500cc and under $104.86 Over 1500cc $125.31

34.3(b) Where an employee is required by St.George to use their motor vehicle on a

casual or incidental basis or an employee uses their own motor vehicle with the prior approval of St.George where the use of public transport is not available or practical, the employee will be paid the set rate per kilometre for motor vehicles as determined by the Australian Taxation Office from time to time.

34.3(c) If St.George provides an employee with a motor vehicle, St.George will pay

the whole of the cost of the upkeep, registration, insurance, maintenance and normal running expenses.

34.4 District allowance (BankSA)

The BankSA district allowance conditions will continue to apply to previous BankSA employees receiving the allowance as at 29 January 2003 provided that once they are transferred to another location where eligibility to receive the allowance is not payable, payment of the allowance will cease.

34.5 Relief Work 34.5(a) This subclause applies to a permanent employee designated as a Customer

Service Officer Relief and/or a Customer Service Relief. 34.5(b) An employee will be paid a relief allowance of $50.00 per week (calculated on

a daily basis) and this amount will be paid for all time worked in a relief role and also whilst an employee is on paid leave. Subject to paragraph (c) below, this allowance applies in lieu of any other travel related payment under this clause 34.

34.5(c) Where an employee is required to travel outside of their usual region to

perform work, in addition to the payment set out at clause 34.5(b) they may also claim for any additional out of pocket expenses in excess of what they would otherwise have incurred to perform work within their usual region. These additional expenses will be reimbursed in accordance with subclause 34.1(a)(i) or 34.3(b).

35. PAY EQUITY 35.1 St.George is committed to the principle of equal pay for work of equal value. 35.2 During the first 12 months of this Agreement, St.George will conduct a pay equity

audit to investigate the cause and effects of gender pay inequity at St.George.


35.3 At least 1 month prior to conducting the pay equity audit, St.George will meet with the FSU to discuss the terms of reference for the proposed audit.

35.4 The pay equity audit will include an analysis of remuneration outcomes in selected

business units/job roles. The audit will include at least one comparison of pay outcomes for men and women performing jobs of the same grade in St.George. The pay equity audit will consider, but will not be limited to, the following factors:

• Job role • Base pay • Overtime pay • Discretionary pay, including bonuses • Allowances • Performance ratings and performance pay outcomes • Superannuation • Length of service • Qualifications • Benefits (eg: company car) • Mode of employment (full-time or part-time)

35.5 St. George will disclose all relevant information arising from the pay equity audit to

the FSU (on behalf of employees), subject to normal commercial in confidence and privacy considerations and obligations.

35.6 St.George will prepare a report on the findings of the pay equity audit, including

recommendations on the key factors contributing to any gender pay gap, and the means to address those factors. This report will be prepared within 2 months of St.George concluding the pay equity audit.

35.7 St.George and the FSU (on behalf of employees) will meet again within 1 month of

the report being prepared to discuss the findings contained in the report, the proposed means to address any recommendations and whether any further analysis is required and the timeframe in which it will be conducted.

PART 5 - HOURS OF WORK AND RELATED MATTERS 36. HOURS OF WORK 36.1 Ordinary Hours of Work

Ordinary hours will not exceed 150 hours over a 4-week cycle. Provided that the ordinary hours for previous BankSA employees will not exceed 152 hours over a 4-week cycle or 160 hours over a 4-week cycle for previous BankSA employees who have elected an Unrostered Day Off (URD) or Rostered Day Off (RDO) buyout.

36.2 How Ordinary Hours are Worked 36.2(a) All Employees (excluding Customer Contact Centre)

(i) Ordinary hours will be worked as follows:

• between the hours of 7.00am and 9.00pm on any day of the week;


• no more than 10 hours on any one day; • 8 days off or more each cycle; • at least one day off after six consecutive days of work; and • at least two periods of two or more consecutive days off and where

possible, these should be Saturday and Sunday.

(ii) An employee may agree to work a roster outside these conditions provided the agreed roster has no less than four days off in a four-week cycle. Where agreement is reached to work this different roster, an employee may at any time, revert to standard roster conditions by giving four weeks notice to their manager and the change will take place in accordance with clause 36.7, Change Procedure. Where a change involves a variation to weekend work arrangements, the provisions of clause 36.6 will apply, except where the new roster includes weekend work the employee cannot be transferred to another branch.

(iii) Where St.George intends to extend the hours of operation within any

of its workplaces beyond 8.00 pm, it will consult with the FSU on the impact of such proposed change prior to commencing the new arrangements and such a change will be implemented in accordance with the clause 36.7, Change Procedure.

36.2(b) Employees in the Customer Contact Centre

(i) Ordinary hours will be worked as follows:

• between the hours of 7.00am and midnight on any day of the week;

• between the hours of 9.00pm and 12 midnight subject to 36.2(b)(iii);

• no more than 10 hours on any one day; • 8 days off or more each cycle; • at least one day off after six consecutive days of work; and • at least two periods of two or more consecutive days off and

where possible, these should be Saturday and Sunday.

(ii) An employee may agree to work a roster outside these conditions provided the agreed roster has no less than four days off in a four-week cycle. Where agreement is reached to work this different roster, an employee may at any time, revert to standard roster conditions by giving four weeks notice to their manager and the change will take place in accordance with clause 36.7, Change Procedure.

(iii) An employee will only be required to work ordinary hours between

9.00pm and midnight where they have agreed to perform work during these hours. Where such an employee subsequently finds work during these hours to be unsuitable, the request to alter the roster so that ordinary hours are worked prior to 9.00pm will be agreed to where there is another suitably experienced employee available to replace the employee requesting the change.


(iv) Notwithstanding the above, if the continuation of working ordinary hours after 9.00pm would be unreasonable in an employee’s individual circumstance, St.George will not unreasonably refuse an employees request to alter the roster so that ordinary hours are worked prior to 9.00pm.

(v) Withdrawal from working ordinary hours after 9.00pm will be seen as

automatic if an employee accepts a position which does not involve work after 9.00pm.

36.2(c) Employees receiving an URD/RDO

(i) Previous BankSA employees in receipt of an URD/RDO will continue to work under the URD/RDO arrangements.

(ii) For full-time employees, the work cycle is 152 ordinary hours not

exceeding 28 days. No employee will be required to work more than 19 days in any 28-day work cycle, except on a voluntary basis according to the needs of the relevant position. Where an employee volunteers to work on a 20th unrostered day, payment for that day will be on the basis of:

• ordinary time payment with the forfeiture of the unrostered day;

or • deferral of the unrostered day to the next 28-day cycle.

(iii) URD/RDO buyout

A full-time employee who elects to have a buyout of their URD/RDO will receive a 4.6% salary adjustment. The hours of work will then revert to 160 ordinary hours to be rostered over 20 days in any 28 consecutive day cycle and the average hours per week will not exceed 40 hours.

36.3 Rostered Time Off 36.3(a) The current span of hours provides the ability for business and personal

needs to be jointly considered in the development of rosters. St.George will encourage the use of the span of hours to develop rosters. St.George will provide assistance to work groups to develop rosters which incorporate use of the span of hours to better manage the business and provide flexibility to staff, taking into consideration wherever possible each employee’s personal, financial and family needs.

36.3(b) Rostered time off which involves rosters that provide the opportunity for

employees to work cyclical rosters including time off outside the traditional Saturday and Sunday weekend can be considered in work areas where such arrangements support the business without adverse impact on customer service.


36.3(c) Workplace rosters will be organised and displayed at least one month in advance of any change. These rosters must consider both the business needs of St.George and the personal needs of the employee. Any alteration to standard rosters, once they have been finalised, will need the mutual consent of the parties involved and will be changed in accordance with clause 36.7, Change Procedure.

36.3(d) Rostered time off can be scheduled on a set date within the roster or may be

unscheduled and taken on a day within the roster as agreed between an employee and their manager.

36.4 Payment for working ordinary hours on weekends, public holidays (and after

8:00pm for employees in the Customer Contact Centre) 36.4(a) All employees will receive an additional loading for working ordinary hours as

follows:

(i) Saturday - a loading of 50% for all time worked; (ii) Sunday or public holiday - a loading of 75% for all time worked; (iii) Good Friday, Easter Sunday or Christmas Day - a loading of 150% for

all time worked. 36.4(b) Employees in the Customer Contact Centre will receive an additional loading

for working ordinary hours between 8:00pm and 12 midnight as follows:

(i) on weekdays – a loading of 25% for all time worked; (ii) on Saturday or Sunday – a loading of 75% for all time worked.

36.5 Introduction of Six-Week Roster Cycle

St.George may introduce a cycle of ordinary hours that do not exceed 225 hours over a six-week period. Where St.George proposes to do so, implementation will not occur until it discusses the proposal with the FSU and agree on appropriate processes for education and training of managers and employees about the implementation and management of flexible hours of work, a smooth payroll implementation and a phased introduction of six-week rostering. Where a six-week roster cycle is introduced, the provisions of 36.2(a)(i) and (ii) and 36.2(b)(i) and (ii) will be adjusted on a pro-rata basis accordingly.

36.6 Work on Weekends and Public Holidays 36.6(a)

(i) An employee who commenced employment after 16 June 1998 may be required to work weekends and/or public holidays as part of their ordinary rostered hours (referred to as “post-1998 employees”). An employee employed before this date may only be rostered to work weekends and/or public holidays as part of their ordinary hours by mutual agreement (referred to as “pre-1998 employees”).

(ii) Where there is a need for work to be undertaken on weekends,

St.George will in the first instance seek volunteers, provided that where there are insufficient suitable volunteers, St.George retains the


right to resource appropriately to meet business requirements, in accordance with subclauses 36.6(a)(i) and clause 36.7, Change Procedure.

(iii) Where there is a need for work to be undertaken on a public holiday

(e.g. in the Customer Contact Centre), St.George will apply the following process:

(1) At least 6 weeks before the public holiday in question,

St.George will assess its staffing requirements and call for volunteers from suitably qualified employees; and

(2) If the roster is not filled by suitable volunteers within 2 weeks,

St. George may direct a post-1998 employee to work a public holiday provided that the employee’s needs, circumstances and preferences will be taken into consideration.

36.6(b) Voluntary Flexible Work Hours Agreement

(i) Where a pre-1998 employee volunteers to work ordinary hours on weekends and/or public holidays, they will sign a Voluntary Flexible Work Hours Agreement and it will contain the following details:

(1) the position and workplace the employee would ordinarily be

working in during these hours; (2) a statement that the employee understands that working such

hours is voluntary; and

(3) a statement that the employee understands they may withdraw from the Voluntary Flexible Work Hours Agreement with four weeks’ notice in writing in accordance with subclause 36.6(b)(ii) and (iii) below.

(ii) Where an employee has been working ordinary hours on weekends

under the Voluntary Flexible Work Hours Agreement, they may withdraw from the Agreement by giving the relevant manager four weeks’ notice in writing, provided that it may be necessary for an employee to work beyond the four week notice period while suitable alternative staffing arrangements are made by St.George to accommodate the change.

(iii) Where an employee withdraws from a Voluntary Flexible Work Hours

Agreement, or makes a change to weekend work in accordance with 36.6(c), it may be necessary due to business requirements, to transfer them to a a different workplace that is within reasonable commuting distance and if this occurs, the employee will suffer no detriment in their career opportunities or employment conditions. In the case of a part-time employee, their total hours in the new roster may be reduced by the number of hours previously worked on weekends, but St.George will endeavour to maintain the total number of hours wherever possible.


(iv) Withdrawal from a Voluntary Flexible Work Hours Agreement, or a

change to weekend work in accordance with 36.6(c), will be seen as automatic if an employee accepts a position which does not involve work on a weekend or public holiday.

36.6(c) Change to Weekend Work

(i) A post-1998 employee who has been working ordinary hours on weekends, may request to be removed from working on weekends and in such circumstances the request will be agreed to where there is another suitably experienced employee available to replace the employee requesting the change;

(ii) Notwithstanding the above, if the continuation of working ordinary

hours on weekends would be unreasonable in an employee’s individual circumstance, St.George will not unreasonably refuse an employees request to withdraw from weekend work.

36.7 The Change Procedure For Variation Of Ordinary Hours (Change Procedure) 36.7(a) Objective

(i) The objective of the Change Procedure is to ensure that there is consistent application of a consultative process for all employees throughout St.George when there is to be a change to days and/or hours of work. To facilitate this consultation, a process aimed at achieving mutual agreement between employees and St.George is set out below. Mutual agreement can only occur following full, open and non-coercive discussion about the needs of each party.

(ii) The Change Procedure aims to find a balance between an individual,

team and St.George and will take into account the personal, family (including childcare and travel arrangements) and financial needs of employees together with the particular business needs of the workplace where a change is required.

36.7(b) When is the Change Procedure used

(i) The Change Procedure is used when a change is proposed to:

• the days and/or hours of work; or • the hours of work leading to weekend work.

(ii) However, the Change Procedure is not required to be used in the

following circumstances:

• when the change is requested by the staff member and it does not impact on other staff in the workplace; or

• where temporary changes to ordinary rostered hours are agreed between St.George and a part-time employee.


36.7(c) Change Proposed to Days and/or Hours of Work

Where change is proposed by St.George or an employee to days and/or hours of work the steps set out below will be followed provided that any variation to hours must be reasonable having regard to the personal circumstances of an employee and the business needs of St.George:

Step 1 – Consultation regarding proposed change

• All staff are to be informed of the proposed change (in writing where

possible) at the same time wherever this is reasonably practicable. Where all of the staff affected by the proposed change cannot be informed at the same time, then the proposed change should be communicated to as many employees as possible at once and the remainder notified as soon as possible, preferably on the same day.

• Notification of the proposed change will include the following:

- the nature and detail of the proposed change; - the reason for the proposed change; and - an explanation of the steps in the Change Procedure that will be

followed.

Step 2 - Reviewing and responding to the proposed change

• Employees will have the opportunity to examine the proposal, ask questions and seek any further information about the proposal prior to conferring on their responses to the proposal(s).

• Employees will have a period of time (recommended 5 working days) to

respond to the proposal with any options for implementation and/or changes/objections to the proposal. This period may need to be extended to meet the needs of certain part-time or shiftwork employees depending upon their availability.

• Employees may respond with options for implementing the proposed

change including, but not limited to the following:

- retention of current hours arrangements and modes of employment; - voluntary increases/decreases in the current hours arrangement of

part-time employees; - voluntary changes in modes of employment from part-time to full-

time and vice versa; - voluntary changes to the mix of part-time and full-time employment; - voluntary transfer to or from another work unit at the same location

or at another location within reasonable commuting distance; or - work may be performed at one or more locations.

Step 3 – Implementation of change where agreement is reached


• Where all employees who are affected by the change to days and/or hours agree to the change, the new arrangement will be implemented as agreed between the affected employees and St.George.

Step 4 – Further consultation where agreement is not reached

• Where agreement has not been reached with all affected employees in

Step 2, an additional period will be allowed for further consultation. This step combined with Step 2 may together be 10 working days. As such either step may take a lesser or longer period than suggested provided that the total does not exceed 10 days.

• During this period, St.George will attempt to resolve any outstanding

issues and reach agreement with individual employees.

Step 5 - Implementation of Change at the conclusion of the Consultation Process

• Where agreement has not been reached after the consultation period in

Step 4 above and St. George intends to implement the proposed change, it will give at least 2 weeks written notice of how the proposed change is to be implemented to those staff affected with whom agreement has not been reached and such notice will include the date of implementation. As part of this notification, these employees will be advised of their right to invoke the provisions of clause 15, Dispute Settlement Procedure. Where a particular employee requires more than the 2-week notice period in order to adjust personal arrangements, an extension of time will not be unreasonably withheld.

• Any employee who wishes to continue with their objection to the change

after the notice is given by St.George, may invoke the provisions of clause 15, Dispute Settlement Procedure and will notify St. George as soon as possible after receiving written notice from St.George of their continuing objection. The proposed change will not be implemented for those employees invoking clause 15, Dispute Settlement Procedure until such time as the Procedure is finalised.

36.7(d) Impact of reduction in part-time hours

(i) Where St.George reduces the hours of a part-time employee by 25% or more in any 12-month period it will result in the position becoming redundant and the provisions of clause 50, Redundancy, Retrenchment and Redeployment will apply. Provided that a part-time employee who regards a reduction of a lesser amount to be unreasonable may invoke clause 15, Dispute Settlement Procedure.

(ii) Income Maintenance

(1) Income maintenance will apply where there is a reduction below

the minimum number of hours as determined by a part-time employee’s contract of employment, subject to the steps being followed in the Change Procedure.


(2) Where there is a requirement to reduce the number of ordinary hours worked by a part-time employee, the reduction will be introduced on a gradual basis of not more than 2 hours a week each 3 pay cycles (i.e. every six weeks) until the new reduced number of hours of work is reached. For example, it would take 12 weeks for an employee to reach their new hours of work where they were required to reduce their current weekly hours from 25 to 21 i.e. the first six weeks would be maintained at 25 hours per week and then reduce to 23 hours per week for the following six weeks before the new hours of 21 hours per week takes effect.

37. MEAL BREAKS 37.1 An employee is entitled to an unpaid meal break after five hours of continuous

work, unless that employee would normally finish duty during the break. 37.2 The duration of a meal break shall be agreed between the employee and their

manager, but will not be less than 30 minutes and no longer than 60 minutes. 37.3 Meal breaks should be taken between 11.30am and 2.30pm or such other time by

mutual consent. 38. REST BREAKS 38.1 The intent of this clause is to give guidelines to a common sense approach to

breaks during rostered hours and this will allow for flexibility of timing in the day for breaks.

38.2 Except for unforeseen or special circumstances, employees who are rostered to

work 7.5 hours or more in a day are able to take 2 paid breaks from their work station during their rostered hours and employees rostered to work less than 7.5 hours a day are able to take 1 paid break from their work station during their rostered hours.

38.3 The timing and duration of these breaks are to be arranged between the employee

or group of employees and the relevant manager, recognising the need to balance the operational requirements of St. George and the well being of employees.

38.4 These breaks are not substitutes for the task variation or breaks from repetitive

keying which are set out in clause 51.1(c) regarding safe operation of screen based equipment.

38.5 Employees are able to utilise these break times for private purposes and in an

appropriate location. 39. OVERTIME 39.1 General 39.1(a) Work in excess or outside of an employee’s ordinary hours will be overtime.


39.1(b) Where a part-time employee has been directed to work beyond rostered

hours other than with the appropriate notice as required by clause 36.7, Change Procedure, such work will be regarded as overtime.

39.1(c) A part-time employee may mutually agree in writing to perform work beyond

rostered hours on a temporary basis without the notice required in clause 36.7, Change Procedure, to meet pressing business needs without incurring overtime, provided that such additional ordinary hours do not exceed full time ordinary hours. These additional hours are referred to as ‘extraordinary hours’ and will be paid at ordinary time and will attract appropriate leave and superannuation accruals.

39.1(d) All overtime should be approved by St.George in advance of being worked

wherever reasonably practicable. 39.1(e) Subject to 39.1(f), St.George may require an employee to work reasonable

overtime at overtime rates. 39.1(f) 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; (iv) the notice (if any) given by St. George of the overtime and by the

employee of their intention to refuse it; and

(v) any other relevant matter. 39.2 Payment for Working Overtime 39.2(a) Overtime will be calculated on a daily basis at the rate of time and one half

for the first two hours and double time thereafter. 39.2(b) Overtime on a Sunday or public holiday will be calculated at time and three

quarters for the first two hours and double time thereafter with a minimum payment of two hours, provided that overtime performed on Christmas Day, Good Friday or Easter Sunday will be paid at double time and one half.

39.2(c) In calculating overtime, any portion of an hour less than fifteen minutes will

be calculated as fifteen minutes, any portion of an hour between sixteen and thirty minutes will be calculated as thirty minutes, any portion of an hour between thirty-one and forty-five minutes will be calculated as forty-five minutes and any portion in excess of forty-five minutes will be calculated as one hour.


39.3 Meal allowance 39.3(a) An employee working overtime will be paid a meal allowance in the following

circumstances:

(i) when required to commence or continue work for more than one hour before or after the rostered hours respectively for the day - $11.74;

(ii) if overtime continues for a further four hours - $11.74.

39.3(b) If St.George supplies the employee with a suitable meal the allowance set out

in (a) above will not be payable. 39.4 Time off after working overtime 39.4(a) An employee (other than one recalled to work under clause 40, Recall to Duty

and Standby) will be entitled to at least 10 consecutive hours off duty between the end of their ordinary day or shift and the commencement of their ordinary hours of work on the next day or shift.

39.4(b) If an employee is specifically requested by St.George to resume or continue

work without having had such 10 consecutive hours off duty, they will be paid at double time for all time so worked until they have had 10 consecutive hours off duty. An employee is entitled to take the 10 consecutive hours off duty without losing any pay for ordinary working time during the 10 hours.

39.5 Time Off in Lieu of Overtime 39.5(a) An employee and St.George may agree in writing for the employee to receive

paid time off in lieu of an overtime payment at the rate of single time (i.e. time for time) on a day or days agreed provided that such period off work will be taken within three months of the overtime being worked. If it is not taken within that period, it will be paid out at the applicable overtime rate when the overtime was worked.

39.5(b) Time off in lieu of an overtime payment may accumulate up to a maximum of

thirty-seven and one half hours. 39.5(c) St.George must not coerce an employee into agreeing to such leave or

agreeing to accumulate leave in lieu of overtime. 40. RECALL TO DUTY AND STAND-BY 40.1 When an employee is recalled to duty from home after their rostered hours of work

have been completed, the employee will be paid at the overtime rate prescribed in clause 39.2, Payment for Working Overtime but will receive a minimum payment equal to two hours work.

40.2 The minimum payment of two hours will not apply where:


• the work is continuous (subject to a meal break of not more than one hour) with the completion or commencement of ordinary hours; or

• employees are rostered to perform work associated with Automatic Telling Machines (ATMs) outside of usual rostered hours.

40.3 An employee rostered voluntarily to hold themselves in readiness to perform work,

including work associated with ATMs, outside ordinary rostered hours will be paid a stand-by allowance as follows:

From first full pay period after 1 October 2007 Monday to Friday inclusive $16.30 per day Saturdays, Sundays and Public Holidays

$33.00 per day


$34.30 per day


$35.70 per day

40.4 Where an employee is recalled to work on a number of occasions on the same day

to work on ATMs, they will receive a minimum payment of two hours for the first such call. In the event that the employee is recalled again on that day, the employee will not be entitled to an additional two hour minimum payment but will only be paid for actual working time. Where the second period of attendance is still within the two hour attendance from the first call out, the employee will not be entitled to any additional payment. In the event that the actual time of attendance exceeds that initial two hours, the employee will be paid only for the actual time of attendance beyond the two hour minimum.

40.5 For the purpose of assessing overtime, time spent travelling from home to work and

from work to home by the most direct route will be included as attendance at work. 40.6 Where an employee provides their own car and uses it in connection with recall to

duty in the above circumstances, they will be paid an allowance as provided by clause 34.3, Motor Vehicle Expense Reimbursement and payment will be calculated on a home-to-home basis.

40.7 Where an employee uses a taxi with the prior approval of St.George, the fares will

be fully reimbursed. 40.8 An employee, while rostered on stand-by duty, will be reimbursed for all business

telephone calls.


PART 6 - LEAVE AND PUBLIC HOLIDAYS 41. ANNUAL LEAVE 41.1 Entitlement

All Permanent Employees will be entitled to annual leave in accordance with Part 7 of the Act.

41.2 Annual leave entitlement

A Permanent Employee is entitled to four weeks annual leave for each year of continuous service with St.George, which will accrue on a pro-rata basis at 4 weekly intervals. Payment for annual leave will be calculated on ordinary time earnings.

41.3 Annual leave loading

In addition to receiving annual leave, an employee will receive a leave loading prior to the leave being taken or at the time leave is taken. The loading will be the greater of: • 17.5% for the number of annual leave days taken, calculated on ordinary time

earnings; or

• an amount equal to the total of any shift allowance or loading which an employee would have received for rostered work during ordinary hours if the employee had not gone on leave.

41.4 Time of taking annual leave 41.4(a) The following rules will apply to the time of taking annual leave:

(i) Annual leave will be taken at a time that is mutually agreed between

St.George and the employee; (ii) St.George is entitled to rely on operational needs in approving or

declining an application by an employee to take a period of leave; (iii) Annual leave not taken will accrue; (iv) Where an employee has accrued in excess of 8 weeks annual leave,

St.George may direct that employee to compulsorily take a period of annual leave of not more than 2 weeks; and

(v) St.George may also require an employee to take annual leave if the

part of the business in which the employee works will be closing down for a period of time.

41.4(b) In managing annual leave, St.George will:

(i) respond to applications for leave within 48 hours where practicable;


(ii) not unreasonably decline an employee’s application for annual leave; (iii) only alter approved annual leave by mutual agreement provided that

an employee will not unreasonably refuse a request to alter their leave; and

(iv) provide a system that enables managers and employees to access

current information on annual leave balances. 41.5 Public holidays falling within annual leave

Where a public holiday (as prescribed in clause 48, Public Holidays) falls within an employee’s period of annual leave and is on a day which would otherwise have been an ordinary working day, then such a day will be paid in addition to the annual leave and will not be deducted from the employee’s annual leave balance.

41.6 Annual leave taken before entitled

St.George may approve an employee’s request for annual leave to be taken before the leave has become entitled.

41.7 Interruption to annual leave due to personal/carers’ leave reasons

Where an employee’s annual leave is interrupted due to personal/carers’ leave reasons (as defined in clause 42.2(a)) for 5 or more consecutive days, they may apply to have their period of annual leave re-credited and the relevant period taken as personal/carers’ leave. In these circumstances, the employee will be required to produce a medical certificate or statutory declaration and is subject to the employee having sufficient personal/carers’ leave entitlement to cover the relevant period.

41.8 Annual leave taken when personal/carers’ leave is exhausted

Where an employee has exhausted their personal/carers’ leave entitlement, St.George may approve an employee’s request to take annual leave to cover absences due to personal/carers’ leave reasons.

41.9 Payment of annual leave and loading upon termination 41.9(a) For the purpose of this subclause 41.9, the following definitions will apply:

(i) “Accrued leave” shall mean annual leave that is for the current and incomplete year of service.

(ii) “Entitled leave” shall mean annual leave that has accrued in the

previous completed year(s) that has not been taken. 41.9(b) Upon termination or resignation, St.George will pay an employee all

outstanding annual leave including a proportionate amount for the time worked since the employee began working or last became entitled to leave.

41.9(c) Upon termination or resignation, leave loading will be paid on all entitled

leave due to an employee.


41.9(d) Where an employee has been paid annual leave loading for leave taken before the leave has become entitled, St.George may deduct from any monies due, the cash equivalent of the leave loading paid for all of the accrued leave taken.

42. PERSONAL/CARERS’ LEAVE 42.1 Definitions For the purposes of this clause: “Employee” means a full-time, part-time or flexible part-time employee. “Immediate family” means:

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

• the child, (including an adopted child, step child, foster child or exnuptial child)

parent, grandparent, grandchild or sibling of the employee or of the employee’s spouse.

42.2 Purpose of leave 42.2(a) Personal/carers’ leave is available to employees when they are absent:

(i) due to personal illness or injury (personal leave); or

(ii) for the purpose of caring for an immediate family or household member who is sick and requires the employee’s care and support (carers’ leave).

42.3 Amount of leave 42.3(a) Personal/carers leave

(i) An employee shall be entitled to 12 days paid personal/carers’ leave at the commencement of each year of employment.

(ii) All leave entitlements which are untaken at the completion of each

year shall accumulate. 42.3(b) Parental leave

An employee who is the non-primary caregiver may take from their entitlement a maximum of five (5) days personal/carers’ leave for the purposes of taking time off work upon the birth of their child or at the time of adopting a child.


42.4 Leave for part of a single day

Leave may be taken for a part of a single day, for example to attend prenatal appointments or other medical appointments.

42.5 Part-time and flexible part-time employees 42.5(a) A part-time employee shall be entitled to leave on a pro rata basis which

shall be based on hours/days worked. 42.5(b) A flexible part-time employee shall be entitled to leave calculated by

reference to the average hours worked per week in the twelve month period immediately preceding the taking of the leave.

42.6 Additional leave

An employee, who in the course of their employment, is subject to a robbery or an attempted robbery, may apply for paid leave in addition to their personal/carers leave. This additional leave will be taken immediately after the robbery or attempted robbery or at a time agreed between St.George and the affected employee.

42.7 Employee to provide notice

Where an employee is going to be absent from work under this clause, they should give at least two hours notice before their next rostered starting time unless they have a good reason for not doing so. An employee will make all reasonable efforts to ensure that this notice is provided to their direct manager or manager’s nominee.

42.8 Evidence required for payment of leave 42.8(a)(i) An employee will be required to provide a medical certificate for personal

carers’ leave:

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

• for any absence exceeding two consecutive days.

subject to:

(1) at the time of contacting their manager (or manager’s nominee), an employee will be advised if they have a requirement to provide a medical certificate; and

(2) where the manager (or manager’s nominee) does not inform the

employee of the requirement to provide a medical certificate the employee may still be required to provide a statutory declaration; and

(3) in the case of carers’ leave, an employee may provide a medical

certificate or statutory declaration.


42.9 Public Holidays occurring during personal/carers’ leave

If a public holiday occurs during an employee’s absence on personal/carers’ leave, the public holiday will not be counted as part of the personal/carers’ leave, unless the holiday was on a day which the employee was otherwise rostered to work.

42.10 Make-up time

With the agreement of St.George, an employee may elect to work ‘makeup time’ where the employee takes time off during ordinary hours and works those hours at a later time. Such make-up hours shall be worked during the spread of ordinary hours set out in clause 36, Hours of Work and will be paid at the employee’s ordinary time rate of pay.

42.11 Caring responsibilities for casual employees

42.11(a) Subject to the evidentiary and notice requirements in subclause 42.8, casual employees are entitled to not be available to attend work, or to leave work:

• If they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or

• Upon the death in Australia of an immediate family or household member.

42.11(b) St.George and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. 2 days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

42.11(c) St.George must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of St.George to engage or not engage a casual employee are otherwise not affected.

43. COMPASSIONATE LEAVE 43.1 Definitions

For the purposes of this clause “Employee” and "Immediate Family" have the same meaning as in Clause 42 – Personal/Carers Leave.

43.2 Purpose of leave 43.2(a) Compassionate leave is available to an employee when they are absent

because a member of the employee’s immediate family or household:

(i) contracts or develops a personal illness that poses a serious threat to his or her life; or


(ii) sustains a personal injury that poses a serious threat to his or her life; or

(iii) dies. 43.2(b) At the discretion of the employee’s manager, where leave is taken for the

purpose described at 43.2(a)(iii), the definition of immediate family may be expanded to include a close relative or friend. In the event of a concern regarding the manager’s use of this discretion, the employee can escalate the matter to the next level manager, using clause 15, Dispute Settlement Procedure.

43.2(c) The first 2 days of compassionate leave taken in any year of service will be

deducted from the employee’s personal/carers leave balance. 43.3 Amount of leave

An employee may take two days of paid leave on each occasion of compassionate leave.

Where leave is taken for the purpose described at 43.2(a)(iii), an employee will be entitled to take a further 2 days of leave if such death occurs outside Australia and the employee travels outside Australia to attend the funeral. Such additional leave will either be taken as unpaid leave or annual leave.

43.4 Employee to provide notice

Where an employee is going to be absent from work under this clause, they should give at least two hours notice before their next rostered starting time unless they have a good reason for not doing so. An employee will make all reasonable efforts to ensure that this notice is provided to their direct manager or manager’s nominee.

43.5 Evidence required for payment of leave

An employee may be requested to provide satisfactory evidence of the illness, injury or death of the member of the employee’s immediate family or household and where applicable proof of attendance at a funeral outside of Australia.

44. LONG SERVICE LEAVE 44.1 All employees (except employees in South Australia and Northern Territory) will

accrue and be paid long service leave in accordance with the New South Wales Long Service Leave Act 1955. Employees employed in South Australia and Northern Territory will be paid long service leave in accordance with the South Australian long service leave legislation.

44.2 Long service leave will be paid at ordinary time earnings. 45. PARENTAL LEAVE

Subject to the terms of this clause, employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.


45.1 Definitions

For the purpose of this clause: 45.1(a) Child means a child of the employee under school age or a child under school

age 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 six months or more.

45.1(b) Employee means a full-time, part-time, flexible part-time and eligible casual

employee but does not include other casual employees. 45.1(c) Eligible Casual Employee means a casual employee:

(i) employed by St.George on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

(ii) who has, but for the pregnancy or the decision to adopt, a reasonable

expectation of ongoing employment. 45.1(d) Continuous Service is work for St.George on a regular and systematic basis

(including any period of authorised leave or absence). 45.1(e) Spouse includes a de facto or a former spouse, except in relation to sub-

clause 45.7, which does not include former spouse. 45.1(f) Primary care-giver means a person who assumes the principal role of

providing care and attention to a child. 45.1(g) Relative adoption occurs where a child is adopted by a grandparent,

brother, sister, aunt or uncle (whether of whole blood or half blood or by marriage).

45.1(h) Male employee means a male employed by St.George who is caring for a

child born of his spouse or a child placed with the employee for adoption purposes.

45.1(i) Female employee means a female employed by St.George who is pregnant

or is caring for a child she has borne or a child who has been placed with her for adoption purposes.

45.2 Basic entitlement 45.2(a) After twelve months continuous service an employee is entitled to 52 weeks

parental leave (which can be all unpaid or a combination of paid and unpaid leave) in relation to the birth or adoption of their child. For a female, maternity leave may be taken and for a male, paternity leave may be taken. Adoption leave may be taken in the case of adoption in one or two periods.


45.2(b) Parental leave is available to only one parent at a time, except that both parents may simultaneously take an unbroken period of up to three weeks leave at the time of the birth or placement of the child. The non-primary caregiver may access personal/carers’ leave in accordance with clause 42.3(c) of this Agreement.

45.2(c) Where the parents of the child are both employees of St.George and both

parents take leave under clause 45.2(b), only that leave which pertains to the primary care-giver counts towards the 52 week total.

45.3 Parental leave for eligible casual employees 45.3(a) St.George must not fail to re-engage an eligible casual employee because:

(i) the employee or employee's spouse is pregnant; or (ii) the employee is or has been immediately absent on parental leave.

45.3(b) The rights of St.George in relation to engagement and re-engagement of

casual employees are not affected, other than in accordance with this clause. 45.4 Paid parental leave 45.4(a) A full-time, part-time or flexible part-time employee may take up to thirteen

(13) weeks paid parental leave where they are to be the primary care-giver of the child. In the case of maternity leave, this payment may commence from the time maternity leave is taken.

45.4(b) Where a full-time, part-time or flexible part-time employee takes parental

leave to be the child’s primary care giver, the first thirteen (13) weeks of parental leave will be paid leave. Where less than thirteen (13) weeks is taken, the employee will be paid parental leave equal to the period taken. Such leave will be paid as normal fortnightly salary at ordinary time earnings. If the employee is a part-time employee or flexible part-time employee, the payment will be calculated using their average weekly hours over the previous 12 months.

45.4(c) In the event that the employee does not return to work with St.George for a

period of six months following the completion of parental leave, St.George may require the employee to reimburse the amount paid under this clause over a reasonable period of time and/or through a deduction from monies due to the employee upon termination.

45.4(d) Where both parents are employees of St.George, paid parental leave will only

be paid to one parent. 45.4(e) In lieu of 45.4(a), a full-time, part-time or flexible part-time employee may

take the first twenty-six (26) weeks of parental leave as paid leave on half pay. Half pay cannot be granted for less than the full twenty-six (26) week period. If the employee is a part-time employee or flexible part-time employee, the payment will be calculated using their average weekly hours over the previous 12 months.


45.5 Maternity leave 45.5(a) Notice requirements

(i) At least ten weeks in advance of the expected date of commencement of maternity leave an employee will provide:

(1) a certificate from a registered medical practitioner stating that

she is pregnant and the expected date of confinement; (2) written notification of the date on which she proposes to

commence maternity leave and the period of leave to be taken; and

(3) a statutory declaration stating the particulars of any period of

paternity leave to be taken by her spouse and that for the period of the maternity leave she will be the primary care-giver of the child and will not engage in any conduct inconsistent with her contract of employment.

(ii) At least four weeks prior to the commencement of maternity leave an

employee will give written notice to St.George to confirm that the dates previously advised are still correct.

(iii) An employee will not be in breach of the notice requirements if failure

to give the required period of notice is due to the birth occurring earlier than the anticipated date, due to the death of the mother of the child or other compelling circumstances.

45.5(b) Commencement of leave

(i) Subject to subclause 45.5(a) and unless agreed otherwise between St.George and the employee, an employee may commence maternity leave at any time within six weeks immediately prior to the expected birth.

(ii) Where an employee continues to work within the six-week period

immediately prior to the expected date of birth, St.George may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

45.5(c) Transfer to a safe job

(i) Where in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue her work, St.George will transfer her, where it regards it as practicable, to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. Where a transfer to a safe job is not practicable, an employee may elect or St.George may require the employee to commence parental leave at an earlier date.


(ii) With the agreement of St.George, an employee may work part-time in one or more periods while she is pregnant where part-time employment is necessary because of the pregnancy.

45.5(d) Variation and cancellation of maternity leave (special maternity leave)

(i) Where the pregnancy of an employee:

(1) terminates after 28 weeks and the employee has not commenced maternity leave; or

(2) terminates other than by the birth of a living child once they are

on a period of maternity leave, the employee may take unpaid leave referred to as special maternity leave for such period of time as a registered medical practitioner certifies as necessary.

(ii) Where an employee is suffering from an illness not related to the direct

consequences of giving birth, an employee may be entitled to paid personal/carers’ leave in lieu of, or in addition to special maternity leave, provided that the aggregate of special maternity leave and personal/carers’ leave will not exceed the period to which the employee is entitled under clause 45.2.

(iii) Where an employee’s child dies after the commencement of maternity

leave but before the expiration of the fifty-two (52) week period, the application for maternity leave ceases to be effective. The employee, in addition to her rights to compassionate leave under clause 43.3(b), may make an application for unpaid special leave which will be favourably considered.

(iv) Where leave is granted under clauses 45.5(d)(i), (ii) or (iii) above, the

employee may return to work at any time during the period of leave provided that St.George agrees. The date agreed cannot exceed four weeks from the recommencement date desired by the employee. The employee must apply in writing, giving four weeks notice of her intention to return to work.

(v) For the purposes of 45.5(d)(i), (ii) and (iii), maternity leave will

include special maternity leave. 45.6 Paternity leave 45.6(a) Notice Requirements

(i) At least ten weeks in advance of the expected date of commencement of parental leave, an employee will provide:

(1) a certificate from a registered medical practitioner which names

his spouse, states that she is pregnant and the expected date of confinement or the date on which the birth took place;


(2) written notification of the date on which he proposes to commence and finish the period of paternity leave; and

(3) a statutory declaration stating that he will be the primary

caregiver of the child during the period of leave, the particulars of any period of maternity leave taken by his spouse and that for the period of the paternity leave, he will not engage in any conduct inconsistent with his contract of employment.

(ii) At least four weeks prior to the commencement of the paternity leave,

an employee will give written notice to confirm that the dates previously advised are still correct.

(iii) An employee will not be in breach of the notice requirements if failure

to give the required period of notice is due to the birth or confinement occurring earlier than the anticipated date, the death of the mother of the child or other compelling circumstances.

45.6(b) Cancellation of paternity leave

(i) Where paternity leave has been applied for but not yet commenced, and the pregnancy of the employee's spouse terminates other than by the birth of a living child, the leave will be cancelled.

(ii) Where an employee’s child dies after the commencement of paternity

leave but before the fifty-two week period has expired, the leave will be cancelled. Where leave is cancelled in these circumstances, the employee may make an application for unpaid leave which will be favourably considered.

45.7 Adoption leave 45.7(a) Notice requirements

(i) At least ten weeks in advance of the expected date of commencement of adoption leave, an employee will provide notice of the period of leave to be taken (or in the case of a relative adoption, notice will be given of the decision to take a child into custody pending an application for an adoption order).

(ii) At least four weeks prior to commencing adoption leave, an employee

will provide St.George with written notice of the presumed date of placement, the date of the commencement of any period of leave to be taken and a statutory declaration stating:

(1) that they will be the primary caregiver of the child during the

period of leave; (2) the particulars of any period of adoption leave sought or taken by

the employee’s spouse; and


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

(iii) An employee will not be in breach of the notice requirements, if failure

to give the required period of notice results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of the child, a spouse or other compelling circumstances.

45.7(b) Certification

St.George may require the employee to produce a statement from an adoption agency or other appropriate government body confirming the placement and the presumed date of placement of the child with the employee for adoption purposes.

45.7(c) Cancellation of adoption leave

Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify St.George and St.George will advise the employee of a return date to work not exceeding four weeks from the date of notification by the employee.

45.7(d) Special unpaid leave in relation to adoption

An employee who is seeking to adopt a child will be able to take up to two days unpaid leave for the purposes of attending any compulsory interviews or examinations as are necessary as part of the adoption process. Where annual leave is available to the employee, St.George may require the employee to take such leave in lieu of unpaid leave.

45.8 Variation of period of parental leave

Unless otherwise agreed between St.George and the employee, an employee may apply to change the period of parental leave on one occasion. Any such change is to be notified in writing at least four weeks prior to the commencement of the changed arrangements and the varied period of leave will not exceed 52 weeks.

45.9 Right to request

45.9(a) An employee entitled to parental leave pursuant to the provisions of 45.2(a) may request St.George to allow the employee to:

(i) extend the period of simultaneous unpaid parental leave provided for in 45.2(b) for up to a maximum of eight weeks;

(ii) extend the period of unpaid parental leave provided for in 45.2(a) for a further continuous period of leave not exceeding 12 months;

(iii) return from a period of parental leave on a part-time basis in one or more periods until the child reaches school age;


to assist the employee in reconciling work and parental responsibilities.

45.9(b) St.George shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or St.George’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

45.9(c) Employee’s request and St.George’s decision to be in writing

The employee’s request and St.George’s decision made under 45.9(a) and 45.9(b) must be recorded in writing.

45.9(d) Request to return to work part time

Where an employee wishes to make a request under 45.9(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

45.9(e) Part-time work performed

Where St.George agrees to an employee’s request under 45.9(a)(iii), the part-time work does not need to be the same or similar work performed by the employee in their former position. Notwithstanding this, St.George will have regard to the employee’s usual position, classification and rate of pay, and where practicable, provide part-time work that is commensurate with that position, classification and rate of pay.

45.9(f) Part-time work agreement

(i) Where an employee returns to work part-time in accordance with this clause, a part-time work agreement will be entered into between St.George and the employee stating:

(1) that the employee is to work part-time;

(2) the hours to be worked by the employee and commencing time for

the work;

(3) the period of part-time employment; (4) that the terms of the agreement may be varied by consent; and (5) the position, classification and rate of pay applying to the work to

be performed.

(ii) The part-time work agreement (and any written variation) will be retained by St.George on the employee’s file and a copy provided to the employee.


45.10 Parental leave and other leave entitlements

An employee may, in lieu of or in conjunction with parental leave, take any annual leave or long service leave entitlements, which they have accrued, provided that the total amount of leave does not exceed 52 weeks.

45.11 Returning to work after parental leave 45.11(a) An employee will confirm their intention of returning to work by giving not

less than four weeks written notice to St.George prior to the expiration of their period of parental leave. Provided that where the employee elects to return to work from maternity leave within six weeks after the birth of the child, St.George may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

45.11(b) An employee will be entitled to the position which they held immediately

before proceeding on parental leave. In the case of an employee who was transferred to a safe job pursuant to clause 48.5(c), it will be to the position held immediately before such transfer or, in relation to an employee who has worked part-time during the pregnancy, the position held immediately before commencing such part-time work.

45.11(c) Where such a position no longer exists, but there are other positions

available which the employee is qualified for and is capable of performing, they will be entitled to a position as nearly comparable in status and pay to that of their former position.

45.12 Work during parental leave 45.12(a) During a period of parental leave, an employee may, with the agreement of

St.George, return to work on a flexible basis as a casual employee. 45.12(b) Work performed under the provisions of this clause may be in a different

classification and/or description than the previous role performed for an agreed period and will be paid at the rate for the applicable work being performed.

45.12(c) Where an employee returns to work under the provisions of this clause, it will

not extend the period of parental leave applied for by the employee. 45.12(d) Work may be performed by an employee for a different employer provided

such employment is not inconsistent with the employee’s contract of employment with St.George.

45.13 Effect of parental leave on employment

A period of parental leave taken by an employee will not break their continuity of service but the period will not be taken into account in calculating the employee’s period of service for the purpose of any provision set out in this Agreement (including personal/carers’ leave, annual leave and long service leave).


45.14 Replacement employees 45.14(a) A replacement employee is an employee specifically engaged or temporarily

promoted or transferred as a result of an employee proceeding on parental leave.

45.14(b) Before engaging a replacement employee, St.George will inform that person

of the temporary nature of the employment and the rights of the employee who is being replaced.

45.15 Communication during parental leave

45.15(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, St.George shall take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

45.15(b) The employee shall take reasonable steps to inform St.George about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

45.15(c) The employee shall also notify St.George of changes of address or other contact details which might affect St.George’s capacity to comply with 45.15(a).

45.16 Termination of employment during parental leave 45.16(a) An employee on parental leave may terminate their employment at any time

during the period of leave by providing St.George with the relevant period of notice set out in clause 49, Termination of Employment.

45.16(b) St.George will not terminate the employment of an employee:

• on the grounds that she is pregnant; • because an application is made to adopt a child; or • because an employee is absent on parental leave

but otherwise the rights of St.George in relation to termination of employment are not affected.

45.16(c) Where an employee’s employment ceases while working part-time or while

working full-time after transferring from part-time work under this clause, an employee’s termination entitlements will be calculated on the basis of their


equivalent full-time rate of pay at the time of termination. To calculate termination entitlements relating to service, all the termination entitlements will be based on the period of full-time employment and all service as a part-time employee on a pro rata basis.

45.17 Effect of parental leave on home loan discretionary rate 45.17(a) The home loan discretionary rate will be maintained whilst an employee is on

parental leave provided the employee gives a written undertaking that they will:

(i) return to work and remain for at least 3 months immediately following

parental leave; and

(ii) return to work on the same terms as applied before commencing parental leave.

45.17(b) Where the employee does not give the undertaking, the interest rate will be

adjusted to the market rate. Where the employee does not return to work, does not remain at work for at least three months or does not return on the same terms, the difference between the discretionary rate and the current market rate applying during the relevant period will be charged to the loan and the loan recalculated accordingly.

46. JURY DUTY LEAVE 46.1 A permanent employee required to attend for jury service during ordinary working

hours, will be reimbursed by St.George an amount equal to the difference between the amount paid in respect of the jury service and the amount of salary they would have received in respect of the ordinary hours they would have otherwise worked.

46.2 An employee will notify St.George as soon as possible of the date upon which they

are required to attend for jury service, and where requested by St.George, an employee will provide proof of attendance and the duration of such attendance and the amount received.

47. LEAVE WITHOUT PAY 47.1 St.George may approve leave without pay (LWOP) to permanent employees for

periods of up to 12 months. Reasons for taking LWOP may include, but not be limited to, the following:

• career break • study • travel • family reasons

47.2 LWOP will only be considered where an employee has either used all of their

available annual and/or long service leave, or applies to use all available leave in conjunction with the period of LWOP.

47.3(a) An employee on LWOP will not:


• accrue annual leave, personal carers’ leave or long service leave during such leave;

• be paid for any public holidays falling during the period of leave; • have the period of leave counted as service towards any entitlements; • break their continuity of service; • be entitled to employer superannuation contributions; • be permitted to undertake paid work, unless approved by St.George.

47.3(b) The anniversary date of an employee’s commencement of employment will

not be changed by a period of unpaid leave. 47.4 St.George will take reasonable steps to contact the employee in relation to major

workplace changes that may impact on the employee, in accordance with clause 8, Introduction of Major Changes in the Workplace should the change occur during an employee’s period of LWOP.

47.5 An employee must give St.George one month’s notice, or a lesser period by

agreement, of their intention to return to work from LWOP. Provided that an employee cannot return to work from LWOP before the conclusion of the approved period of LWOP without the agreement of St.George.

47.6 On return to work after a period of LWOP, an employee will be entitled to the position which they held immediately before proceeding on LWOP. Where such position no longer exists, the provisions of clause 50, Redundancy, Redeployment and Retrenchment shall apply.

47.7 St.George will provide an employee returning from LWOP with any necessary

retraining. 48. PUBLIC HOLIDAYS 48.1(a) An employee will be entitled to a holiday on the following days:

(i) in all States and Territories:

• New Year’s Day • Good Friday • Easter Saturday • Easter Monday • Christmas Day • Boxing Day; and

(ii) as prescribed in the relevant States and Territories:

• Australia Day • Anzac Day • Queen’s Birthday • Eight Hour Day or Labour Day; and

(1) the following days in the relevant State:


New South Wales Flexible Bank Holiday Victoria Melbourne Cup Day South Australia Adelaide Cup Day Queensland Show Day and

Flexible Bank Holiday ACT Canberra Day and

Flexible Bank Holiday Northern Territory Picnic Day Western Australia Foundation Day Tasmania Easter Bank Holiday

(2) For the purposes of this clause, a flexible bank holiday is a day

taken at a time agreed between St.George and an employee. 48.2 Substitution of public holidays 48.2(a) In the event that another day is substituted for a day specified in clause 48.1

because it is legislated, declared, proclaimed, gazetted or otherwise prescribed in a State, Territory or locality then the substituted day will be in lieu of the holiday(s) stated in clause 48.1.

48.2(b) When Christmas Day is a Saturday or a Sunday a day in lieu will be observed

on 27 December. 48.2(c) When Boxing Day is a Saturday or a Sunday a day in lieu will be observed on

28 December. 48.2(d) When New Year’s Day or Australia Day is a Saturday or Sunday a day in lieu

will be observed on the next Monday. 48.2(e) When a public holiday is declared or prescribed in a State, Territory or locality

on a day other than those set out in 48.1, the day will constitute an additional holiday for the purpose of this Agreement.

48.2(f) St.George may substitute another day for any prescribed in this Clause with

the agreement of the FSU. 48.2(g) St.George and employees may agree to substitute another day for any

prescribed in this clause under the following conditions:

(i) The consent of the majority of affected employees will constitute agreement; and

(ii) Such agreement/s will be recorded in writing and be available to every

affected employee. 48.3 Full-time employee entitlement 48.3(a) Public holiday falling on a weekday when not rostered to work - employee’s

ordinary hours Monday to Friday


Where a full-time employee works ordinary hours Monday to Friday and a public holiday falls on a weekday they are not rostered to work, the employee will be entitled to choose to take either:

(i) an alternative day off; or

(ii) one extra day’s pay where a day is one fifth of ordinary weekly hours

of work. 48.3(b) Public holiday falling on a day when not rostered to work – employee’s

ordinary hours include weekends

A full-time employee who works on a Saturday and/or Sunday as part of their ordinary hours is entitled to the following:

(i) when a public holiday falls on a weekday that the employee is not

rostered to work:

(1) an alternative day off; or

(2) one extra day’s pay where a day is one fifth of ordinary weekly hours of work.

(ii) when a public holiday falls on a Saturday or Sunday that the employee

is rostered to work:

(1) that day off on full pay (with no entitlement to a substitute day); or

(2) if required to work:

• payment at the appropriate overtime rate; or • receive an alternative day off at the employee’s election).

(iii) when a substitute day (as referred to in subclause 48.2(a)) is

prescribed for a public holiday that falls on a Saturday or Sunday and the employee is rostered to work on the Saturday or Sunday:

(1) the employee can take the Saturday or Sunday off on full pay

(i.e. including the loadings payable for ordinary time worked on weekends) but not the substitute day;

(2) if required to work on the Saturday or Sunday the employee can

take: • the substitute day off; or • another day agreed between the employee and St.George.

(3) when a substitute day is prescribed for Christmas Day and the

employee is required to work on Christmas Day:


• the employee is paid for working that day plus a loading of one half of a normal day’s pay.

48.4 Part-time employee entitlement 48.4(a) Part-time employee working ten or more days each fortnight

A part-time employee who works ten or more days per fortnight (or the equivalent when spread over a four week roster) and who works on weekends as part of their ordinary hours, is entitled to the following when a public holiday falls on a weekday the employee is not rostered to work:

(i) an alternative day off; or (ii) one extra day’s pay where a day is the number of hours the employee

would have been rostered to work if the day had not been a public holiday. If the employee is never normally rostered to work on that day of the week, the day’s pay is calculated using the average number of daily ordinary hours worked by the employee over the four-week cycle.

48.4(b) Part-time employee working less than ten days each fortnight

A part-time employee who work less than ten days in a fortnight is not entitled to compensation for any public holiday that falls on a day the employee is not rostered to work.

PART 7 - TERMINATION AND RETRENCHMENT 49. TERMINATION OF EMPLOYMENT 49.1 Termination of Employment by St.George 49.1(a) St.George will provide the following notice to a permanent employee upon

termination:

Period of Continuous Service with St.George Period of Notice not more than 1 year at least 1 week more than 1 year but not more than 3 years at least 2 weeks more than 3 years but not more than 5 years at least 3 weeks more than 5 years at least 4 weeks

provided that a permanent employee over 45 years of age at the time of giving notice, with 2 years’ continuous service, will be entitled to an additional week’s notice.


49.1(b) (i) Where St.George does not provide the notice prescribed in (a), it will

make a payment in lieu of the notice and may use a combination of notice and payment in lieu of notice.

(ii) In calculating payment in lieu of notice, the actual rate of pay an employee would have received in respect of the ordinary time they would have worked during the period of notice will be paid and in the case of a packaged employee the payment will be based upon their TEC. For flexible part-time employees the payment will be based upon the rostered hours they would have worked during the notice period, or if no roster has been set it will be based on the employee’s average average weekly hours over the previous 12 months.

49.1(c) The period of notice in this clause will not apply in the case of dismissal for

conduct that justifies instant dismissal, in the case of an employee engaged for a specific period of time or for a specific task or tasks or to an employee engaged as a casual.

49.2 Termination of Employment by An Employee 49.2(a) A permanent employee is required to give St.George the same amount of

notice as set out in 49.1(a) (unless otherwise agreed), except that the additional notice based on an employee’s age will not be required.

49.2(b) If an employee does not give the required notice, St.George will have the

right to withhold monies due to the employee equal to the actual rate of pay for the period of notice.

49.3 Abandonment of Employment 49.3(a) An employee who has been absent for a continuous period of 5 working days

without the consent of St.George and without notification will be treated as having abandoned their employment.

49.3(b) St.George will take reasonable steps to determine the employee’s situation

and to make contact. An employee will be given every opportunity to establish to the satisfaction of St.George that a good reason existed for their non-attendance at work.

49.3(c) Where the employee satisfies St.George as to the reason for their absence,

the employee will be re-engaged and continuity of service will be maintained. However, the period will not count as service for any purpose unless paid leave is approved for the period of the absence.

49.3(d) Termination pay will be calculated up to the date of the employee’s last day

of attendance.


49.3 Statement of Service Upon Termination

Upon written request of an employee, St.George will provide a written statement specifying the period of the employee’s employment and the classification of or type of work performed.

50. REDUNDANCY, REDEPLOYMENT AND RETRENCHMENT 50.1 Definitions 50.1(a) Redundancy means a situation where the work being done by an employee

(or a major portion of it) is no longer required to be done in that location (or another location within reasonable commuting distance) as a result of reorganisation, changed business practice, technological change or downturn in business.

50.1(b) Retrenchment means the termination of a permanent employee’s

employment as the result of redundancy and where alternative employment is not available or retraining appropriate.

50.1(c) Week's salary means the actual weekly salary paid for working ordinary time

together with any applicable shift allowance or weekend loading averaged over the last complete shift or roster cycle but excluding any payments for working outside of ordinary hours such as overtime. Week’s salary for a packaged employee means their weekly equivalent amount of TEC.

50.1(d) Directly comparable position means a position which is at the same level (i.e.

same grade or same class within a grade) within St.George's operations which does not entail a change in duties significant enough as to be unreasonable in the circumstances of the employee's skills and ability and which is at the same location or at another location which is within a reasonable commuting distance.

50.1(e) Indirectly comparable position means a position within St.George’s operations

that may entail a significant change in duties which may require different skills and abilities.

50.1(f) Transmission includes transfer, conveyance, assignment or succession

whether by agreement or by operation of law and transmitted has a corresponding meaning.

50.1(g) Calculation of Service - in calculating the length of service for persons

employed under this agreement, service shall be deemed to be continuous notwithstanding:

• any interruption or termination of the employment by St.George if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;

• any period of leave or absence with pay approved by St.George;


• any leave of absence without pay for periods of up to 6 months approved by St.George;

• any absences on account of sickness not exceeding six consecutive months in duration or on account of annual leave;

• any period of leave or absence authorised by St.George or this agreement;

• any period for which an employee (already in the employer's service when he or she was called up or enlisted) has been engaged upon war service or any service with the Armed Forces.

• Provided that employees do not accrue entitlements such as annual, personal or long service leave while on unpaid leave or other unpaid absence and the employee’s period of such unpaid leave or other unpaid absence does not count, for any purpose, as part of their total service with St.George.

50.2 Discussions before Termination 50.2(a) Where St.George has made a definite decision that it no longer requires the

job a full-time, part-time or flexible part-time employee has been doing to be done by anyone and this decision is not due to the ordinary and customary turnover of labour, St.George will hold discussions with the employee directly affected and any nominated representative (which may include the FSU) and these discussions will be held concurrently where practicable.

50.2(b) The discussions will take place as soon as is practicable after St.George has

made a definite decision which will invoke the provisions of clause 8, Introduction of Major Changes in the Workplace and will include, but not be limited to, any reasons for the proposed termination, ways to avoid or minimise the impact of the termination and measures to mitigate any adverse effects upon the employee concerned.

50.2(c) For the purpose of the discussion, St.George will, as soon as practicable,

provide in writing to the employee concerned and their nominated representative (which may include the FSU) all relevant information about the proposed termination including the reasons for the proposed termination, the number and categories of employees likely to be affected, the number of employees normally employed and the period over which the termination(s) are likely to be carried out. Provided that St.George will not be required to disclose confidential information in this process.

50.3 Alternative Employment 50.3(a) In a particular redundancy case, St.George may, where agreed between

St.George and the FSU, reduce or cancel the general severance pay prescription if St.George obtains acceptable alternative employment.

50.3(b) Where agreement cannot be reached, either party may make application to

the Commission to have the matter resolved.


50.4 Notice to Centrelink

Where a decision has been made to terminate the employment of permanent employees in the circumstances outlined in clause 50.2 above, St.George will contact Centrelink or its successors giving relevant information including the number of categories of employees likely to be affected and the period over which the terminations are intended to be carried out.

50.5 The Redeployment Process 50.5(a) St.George is committed to ensuring that the impact of any redundancy

situation is minimised through the use of a redeployment process that meets the particular needs and circumstances of both St.George and its employees.

50.5(b) The redeployment process will apply as follows:

(i) In each case of redundancy, St.George will make all reasonable efforts to redeploy the employee concerned elsewhere in the organisation to a directly comparable position.

(ii) Where an employee is redeployed into a directly comparable position,

St.George's normal deployment conditions will apply.

(iii) Where a directly comparable position is not available, St.George will make all reasonable efforts to redeploy the employee to an indirectly comparable position.

(iv) Redeployment efforts may be assisted by retraining, taking maximum

advantage of natural attrition and curtailing recruitment where practicable. In filling vacancies, every reasonable consideration will be given to suitably qualified employees whose positions have been identified as being redundant prior to external recruitment.

(v) Where an employee is redeployed into a directly comparable position,

their salary will not be reduced and they will be entitled to receive relevant salary increases.

(vi) Where an employee is offered an indirectly comparable position, they

will be allowed up to two weeks to decide whether or not to accept the offer.

(vii) An offer of redeployment to an indirectly comparable position will be in

writing with the following information about the proposed position:

• location; • level/grade; • salary; and • principal duties.

(viii) Where an employee accepts an indirectly comparable position they will

be given a trial period of up to three months in their new position. Should either St.George or the employee find during the trial period


that the employment is unsuitable, the employee will be retrenched with payments calculated to the date the employee’s service actually ends.

(ix) Where an employee accepts an indirectly comparable position, their

salary will be maintained during the trial period. If the employee's salary is above the ceiling for the new position, their current salary may be reduced to the ceiling for the new position in which case such reduction will be in accordance with the following income maintenance provisions:

(1) Income maintenance will operate over a 12 month period (and

will not exceed 12 months) from the date of commencement of the trial period in the new position and will be calculated on the employee’s salary at that time.

(2) Income maintenance will reduce in accordance with the

following step-down arrangement:

• 3 months at 100% maintenance • 3 months at 75% maintenance • 3 months at 50% maintenance • 3 months at 25% maintenance

(3) In each case, the percentage is in relation to the difference

between the employee's previous salary and the salary of the new position or changed circumstances.

(4) The three month trial period will be included in the timeframe

for the step down arrangement set out above.

(5) Any salary increases prescribed by clause 24, Salary Rates that apply during the income maintenance period will not be offset against the maintained salary but will be paid in addition to that salary.

(x) Where an employee elects to remain in the indirectly comparable

position following the three-month trial period, they will have no claim to retrenchment arising from their previous position. Provided that in the case of a subsequent redundancy of the indirectly comparable position, the retrenchment payment will be calculated on the highest salary received in the three years immediately preceding the retrenchment.

(xi) Where alternative employment is offered and accepted by the

employee which requires a change of abode, all reasonable removal expenses, transfer costs and accommodation costs will be paid and, in addition, a cash allowance of $782.03 will be paid if the employee owns or leases a residence for incidental costs connected to the transfer.


(xii) St.George will assist in training for new skills when appropriate for employees transferred to alternative positions underpinned by St.George’s commitment to providing quality training to assist in maximising the opportunity for redeployment.

(xiii) Where an employee is not offered a directly comparable position or

does not wish to accept an offer of an indirectly comparable position, the employee will be entitled to the applicable provisions as set out in subclauses 50.7 to 50.10.

50.5(c) Redeployment to Part-time Employment

(i) Where a full time position is redundant, an employee may be offered redeployment to a part time position.

(ii) An employee will be allowed up to two weeks to decide whether or not

to accept the offer. An offer of redeployment will be in writing with the following information about the proposed position:

• location; • level/grade; • salary; • principal duties; and • hours of work.

(iii) Where an employee who accepts redeployment to a part-time position,

they will be given a trial of three months in their new position in accordance with clause 50.5(b)(viii). During the three month trial period there will be no reduction in salary, but the hours of work will reduce on a gradual basis of not more than 2 hours per week per 3 pay cycles (i.e. every six weeks) until the new reduced number of hours of work is reached. For example, an employee who is required to reduce their current weekly hours from 37.5 to 35.5 would take 6 weeks to reach their new hours of work.

(iv) Where an employee accepts the new position after the three month

trial, their salary will reduce to the level of the actual hours being worked. Reduction of hours and salary will then continue concurrently in accordance with the arrangement set out in subclause (iii) above until the new part time hours are reached.

(v) Once an employee's hours have been reduced to the new hours for the

position, these hours may not reduce below this level for a further period of 12 months.

(vi) Any salary increases prescribed by clause 24, Salary Rates that apply

during the income maintenance period will not be offset against the maintained salary but will be paid in addition to that salary.

(vii) If the part time position is subsequently made redundant,

retrenchment payments will be based pro rata on the actual time


worked in each mode of employment (full-time and part-time) using the employee's current salary.

50.5(d) It is acknowledged that from time to time there will be a need to address

particular situations on behalf of employees (e.g. a merger or redesign such as “Best Bank”) in a more comprehensive manner than set out in this clause 50.5. Where either St.George or its employees or their nominated representative (which may include the FSU) believes this is desirable and necessary, any such arrangements shall be committed to writing, filed with the Commission and attached to this Agreement as a matter of record.

50.6 Selection For Retrenchment 50.6(a) Where appropriate, St.George may call for applicants for retrenchment.

Where selection is necessary, St.George will consider:

• Ability to discharge duties; • Length of service; • Special circumstances such as the need to retain specific skills; and • Any other relevant factors.

50.6(b) St.George's right to select and make the final decision under this subclause

will not be challenged. 50.7 Notice Of Retrenchment 50.7(a) All employees in a redundant role will be given the maximum possible advice

of likely retrenchment. 50.7(b) St.George will at the same time put into place appropriate counseling and

information procedures. 50.7(c) Notice

(i) In lieu of the notice provisions in Clause 49.2, Termination of Employment by St.George, St.George will give an employee six weeks formal written notice of retrenchment (or payment in lieu of that notice) and inform them of their specific retrenchment date.

(ii) If an employee who has been given formal written notice of

retrenchment wishes to leave prior to the specific retrenchment date, they will receive all of their severance payments and payment for the period of notice which is not worked.

50.7(d) St.George will allow one day off per week on full pay during the period of

notice on proof that the employee is attending job interviews. 50.8 Severance Payment 50.8(a) In addition to the notice period referred to clause 50.7(c) above, upon

retrenchment, an employee will receive a severance payment based upon years of service in accordance with the following scale:


Severance Scale 7 weeks salary - first year of service; 4 weeks salary - each subsequent year from 2 to 10 years; 3 weeks salary - each subsequent year from 11 to 16 years; 2 weeks salary - each subsequent year to a maximum of 25 years including first year. 1 week’s salary - each year over 45 years of age. Pro rata for each completed month of service. Maximum Severance 85 weeks salary (including notice period); or 90 weeks salary (including notice period) for employees over 45 years of age.

50.8(b) An employee who has transferred from full-time to part-time (or flexible part-

time) employment or vice versa will have their retrenchment payment based pro-rata on the actual time worked in each mode using that employee's current salary.

50.9 Other Payments Upon Retrenchment 50.9(a) In addition to the notice payment and the severance payment prescribed by

clauses 50.7 and 50.8, an employee will also be paid the following:

(i) Annual Leave

Any entitled annual leave, any accrued annual leave not yet taken plus any annual leave loading which would otherwise have been paid on that leave.

(ii) Long Service Leave

Any entitled long service leave in accordance with clause 44, Long Service Leave, provided that pro-rata long service leave will be paid to all employees who have completed more than five years continuous service.

(iii) Superannuation

All superannuation benefits as they relate to resignation, preservation and portability in accordance with the rules of the Fund.

50.10 Loan Arrangements 50.10(a) Loans

(i) Owner Occupied Housing Loans

An employee who is retrenched may continue an existing housing loan from St.George on concessional staff terms for a period of six months from the date of termination of employment. Any changes to interest


rates or other conditions applicable to such loans will also apply during this period.

(ii) Other staff loans (including Visa)

Other staff loans (including Visa) will be converted to customer terms and conditions six months after the date of termination of employment.

50.10(b) Provided relevant public lending criteria are met, St.George will give

favourable consideration to the renegotiation of housing loans at public rates and conditions for an employee who is retrenched.

50.10(c) Where a loan is renegotiated no later than the end of the six month period,

St.George will meet all bank fees and charges and if requested will give every consideration to maintaining existing loan repayment levels and the extension of the term of the loan.

50.10(d) Any cheque or savings account will be converted to public customer terms as

from the date of expiry of the formal notice period of retrenchment. 50.10(e) The provisions of this subclause do not apply to packaged employees. 50.11 Transmission of business

50.11(a) 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 subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

50.11(b) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

50.11(c) Where the employee rejects an offer of employment with the transmittee:

• in which the terms and conditions are substantially similar and 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 transmittor; and

• which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

50.11(d) The Commission may vary 50.11(b) if it is satisfied that this provision would operate unfairly in a particular case.


PART 8 – OCCUPATIONAL HEALTH AND SAFETY 51. OCCUPATIONAL HEALTH AND SAFETY 51.1 General 51.1(a) St.George recognises its obligations under relevant occupational health and

safety (OH&S) legislation and nothing in this clause will override the obligations set out in legislation.

51.1(b) Special consideration will be given to factors in the workplace likely to

contribute to visual problems, muscular fatigue, layout of workstations, postural and stress problems. St.George will take into account factors relevant to the effects of extreme ranges of temperature, noise levels and other conditions likely to have an adverse effect upon the work performance and welfare of an employee.

51.1(c) St.George will ensure that an employee required to work continuously on

visual display units, computer terminals or word processors is given an opportunity at reasonable intervals during the day to perform other duties so as to enable the employee to have a break from operation of such equipment.

51.1(d) St.George will provide coffee, tea, milk, sugar, boiling water, utensils and,

where practicable, a suitably equipped staff room and refrigerator for an employee’s use during their meal and rest breaks. A first-aid kit of reasonable standard will be provided by St.George and be readily accessible at all times during working hours.

51.2 Security 51.2(a) Special consideration will be given to maximising security arrangements. In

particular, employee safety during robberies or attempted robberies should be given the highest priority, such as the installation within branches of silent alarm systems, automatic cameras and where practicable, bullet resistant screening.

51.2(b) St.George will ensure that satisfactory security measures are taken where an

employee is required in the performance of their duties to carry cash in excess of $200 to or from their usual place of employment.

51.3 Consultative Committees

In consultation with employees and their nominated representative (which may include the FSU), St.George will establish processes that support meaningful communication regarding OH&S issues arising in the workplace. Consultation will be facilitated through the establishment of distinct OH&S Committees for different areas of St.George such as the Branch Network, the Customer Contact Centre and Head Office.


51.4 First Aid Allowance

An employee who was appointed by St.George as a designated first aider in a particular location prior to 16 June 1998, will receive an allowance of $9.41 per week, provided that the employee remains as a designated first aider and continues to hold a current first aid certificate.

52. CORPORATE WARDROBE An employee may be required to wear the corporate wardrobe supplied and maintained by St.George on terms agreed between St.George and the FSU. Prior to any change being implemented, St.George will consult with the FSU and this consultation process will allow for sufficient input over issues including, but not limited to, the quality and quantity of garments and the environment and climate in which such garments will be worn. 53. WORKERS’ COMPENSATION MAKE-UP PAY

53.1 Definitions

In this clause:

Act means the legislation applicable in the State or Territory of employment relating to the payment of compensation to workers for injuries arising out of or in the course of their employment.

Compensation means the weekly payment for total or partial incapacity received by an employee in accordance with the Act.

Employee means a full-time or regular part-time employee.

Incapacity means total incapacity or partial incapacity within the meaning of the Act and arising from an injury covered by this clause.

Injury has the same meaning and application as under the Act and this clause does not apply to an injury unless compensation is being paid for it under the Act.

Make-up pay means the weekly payment of an amount equal to the difference between the amount of compensation received by an employee and the salary for that week.

Salary means the salary payable to an employee under the rates of pay as set out in the Award as of the 17th of March 2006 and as subsequently varied in accordance with the Act for working ordinary time and does not include overtime payments, shift allowances or any other allowances unless the parties otherwise agree to a higher rate of pay.

Payment for part of a week means that where an employee receives make-up pay for incapacity for part of a week, the amount received shall bear the same ratio to make-up pay for the full week as the time worked for the part of a week bears to the employee’s full normal working week.

53.2 Qualifications for payment


53.2(a) An employee who receives workers’ compensation for incapacity in accordance with the Act will receive make-up pay from St.George (or from another person on behalf of St.George).

53.2(b) Make-up pay is payable from the date of incapacity for the period the employee receives compensation, with a maximum period or aggregate of periods of 26 weeks for any one injury.

53.2(c) Make-up pay will only be payable to an employee while the employee remains employed by St.George, and then only for such period as the employee receives a weekly payment under the Act.

53.2(d) The right to make-up pay ends if an employee dies.

53.2(e) Make-up pay is not payable for any period of other paid leave of absence.

53.3 Insurance against liability

Nothing in this clause requires St.George to insure against its liability for make-up pay.

53.4 Notice of injury

An employee (or the employee’s representative) who claims to be entitled to receive make-up pay must:

53.4(a) notify St.George in writing of the injury and how it happened as soon as possible;

53.4(b) give St.George in writing any other information required by the Act to establish entitlement to compensation.

53.5 Medical examination

53.5(a) To receive an entitlement to make-up pay, an employee must conform to the requirements of the Act in relation to medical examinations.

53.5(b) If a medical referee, in accordance with the Act, certifies that the employee is fit for work or specifies work that the employee can perform and St.George makes the work available at the employee’s normal salary, make-up pay ceases if the employee refuses to do such work or fails to resume duty from the date of the refusal or failure.

53.6 Evidence of compensation payment

To continue to receive make-up pay, an employee must, as required by St.George, give proof from time to time that workers’ compensation payments are being received.

53.7 Damages claims

53.7(a) If an employee who is receiving or has received make-up pay initiates any action or claim for damages, they must:


(i) notify St.George of such action or claim;

(ii) if required by St.George, authorise St.George to obtain information from his or her solicitors about the progress of the action or claim;

(iii) if required by the Company, grant to St.George a charge on any money payable under any verdict or settlement of the action or claim.

53.7(b) If an employee who has received make-up pay for an injury obtains a verdict for damages for the injury against St.George or another person, or is paid money in settlement of such claim for damages, St. George’s liability for make-up pay ceases from the date of the verdict or settlement.

53.7(c) If the damages awarded or agreed upon are not reduced in part or whole by the amount of make-up pay the employee has received, the employee must pay St.George the amount by which the damages are not so reduced.

53.8 Redemption of weekly payments

If an employee is paid a lump sum in accordance with the Act in redemption of weekly compensation payments, St.George’s liability for make-up pay ceases from the date of such redemption.

PART 9 - FSU RELATED MATTERS 54. ST.GEORGE/FSU RELATIONSHIP 54.1 St.George recognises the FSU as the relevant union entitled to represent the

industrial interests of its employees. The FSU and St.George acknowledge the need for a continuing climate of mutual co-operation to maximise the benefits of this Agreement.

54.2 Information Sharing 54.2(a) St.George and the FSU recognise the need for an informed workforce that

can participate in order to achieve improved work practices. St.George will provide a notice board of reasonable dimension in each workplace to be used to communicate FSU information regarding matters pertaining to the employment relationship to FSU members within St.George.

54.2(b)

(i) Each employee shall have access to a copy of this Agreement at each workplace.

(ii) Employees with access to email can receive and respond to relevant

and authorised FSU material relating to St.George and relevant industry matters. It is not expected that St.George email facilities will be used to correspond on other Financial Service Companies’ specific matters.

(iii) An employee can contact the FSU via e-mail to resolve queries and ask

questions for which they would usually make a telephone call.


(iv) Where St.George has granted an employee open access for business

reasons to the Internet, they shall not be precluded from accessing the FSU Website.

54.3 FSU Representatives 54.3(a) The FSU is entitled to appoint one member per branch and one or more

members in other workplaces as FSU representatives employed at a workplace operated by St.George.

54.3(b) On receiving written notice from the FSU that an employee has been

appointed as an FSU representative, St.George must recognise that the person is authorised by the FSU to:

(i) discuss with FSU members or persons eligible to be a member of the

FSU, matters directly concerning the work they perform;

(ii) discuss with an accredited FSU official matters raised with members;

(iii) receive instructions from the FSU about performance of FSU duties; and

(iv) discuss with St.George's representative, matters raised by members concerning their employment.

54.3(c) An accredited FSU Representative has the right to reasonable access to

telephone, facsimile, post, photocopying, and e-mail facilities for the purpose of carrying out work as a representative and consulting with other St.George employees and the FSU. FSU representatives will be permitted to post relevant and official FSU notices and other material on the notice board provided by St.George. Representatives will be allowed reasonable time necessary for the performance of the above functions. Appropriate adjustment may be made to an employee’s performance targets or criteria to take account of time away for FSU duties and may be acknowledged in personal performance reviews.

54.3(d) At all times, representatives will ensure within reason, that there is no

disruption or hindrance to an employee’s work being performed, including their own work.

54.3(e) Appointment as a FSU representative remains in force while the employee is

employed at the workplace unless the authority is rescinded by the FSU.


APPENDIX A – SHIFT WORK CONTENTS 1. Relationship to Agreement 2. Definitions 3. Changing from non-package to package 4. Setting Shift Rosters 5. Withdrawal From Shiftwork 6. Shift allowances 7. Higher duties 8. Travel assistance 9. Occupational health and safety 10. Hours of work 11. Overtime 12. Time off in lieu of overtime 13. Public holidays 14. Meal breaks 15. Leave 16. Daylight saving 17. Standby/callback allowance 18. Support Systems Attachment A 1. RELATIONSHIP TO AGREEMENT

Except where already provided for in this Appendix, the terms and conditions of the Agreement will apply to shiftworkers.

2. DEFINITIONS

Shiftworker means

• an employee who regularly performs work which is done by separate relays of employees within a single workgroup at a particular location and the relays involve work after 10.00pm and before 6.00am as part of a regular planned roster; or

• an employee who works after 10.00pm and before 6.00am as part of a regular

planned roster.

but does not include employees working in Direct.

Continuous shiftworker means a shiftworker whose work is carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except during emergencies or meal breaks or due to unavoidable causes beyond the control of St.George.

7-day shiftworker means an employee who is rostered to work regularly on Sundays and Public Holidays.


BankSA shiftworker means a shiftworker employed at BankSA locations prior to 23 August 1996 and under the existing BankSA transitional arrangements as at 29 November 1999.

Ordinary time earnings means the salary for working ordinary hours but does not include:

• bonuses • commissions • overtime payments • payments pursuant to a profit participation scheme or any other incentive

payment • any allowance; or • loadings for work outside ordinary hours and shift penalties and allowances

3. CHANGING FROM NON-PACKAGE TO PACKAGE 3.1 A shiftworker who is offered a salary package in the circumstances set out in clause

29, Changing From Non-Package To Package of the Agreement will have the shift allowance component of their remuneration expressed as a discrete dollar figure in their remuneration details in accordance with the method prescribed by Clause 6 of this Appendix and it will be based on the maximum cash component of the TEC.

3.2 Where there is a permanent change to a shiftworker’s roster such that the

shiftworker is no longer ordinarily working the shifts upon which the original calculation was based or the shiftworker is no longer working shiftwork, their remuneration will be adjusted accordingly.

4. SETTING SHIFT ROSTERS 4.1 Rosters are to be developed and altered by both the shiftworkers affected by the

roster and St.George using the clause 36.7, Change Procedure of the Agreement. 4.2 When developing or altering shiftwork rosters, the following principles will be

considered: 4.2(a) the type of work (both mental and physical) should be considered when

setting a shift length;

4.2(b) rostering should allow shiftworkers and St.George some flexibility about shift times and shift length and therefore rosters can be developed to include any variation of pattern e.g. 6,8,10 or 12 hours; and

4.2(c) roster design will be consistent with the requirements of clause 9, Occupational Health & Safety of this Appendix.

4.3 Special provisions relating to 12 hour shifts 4.3(a) The introduction of 12 hour shift arrangements may occur where:

• the nature of the work and the workload are shown to be suitable for long working hours;


• the roster design minimises the accumulation of fatigue; and • a clear need for such an arrangement can be demonstrated.

4.3(b) The FSU and employees will be notified at the earliest opportunity where St.George contemplates the introduction of 12 hour shift arrangements.

4.3(c) 12 hour shift arrangements should be designed to have a short cycle period

with regular rotations. 4.3(d) Where 12 hour shift arrangements are to be introduced, a trial period of

these arrangements of up to 4 months duration will be agreed between the parties. During and at the completion of the trial period, the parties will review the shift arrangements to discuss any employee concerns including the ongoing viability of the 12 hour shift arrangements and discuss any solutions.

4.3(e) All handover time between shifts will be rostered in addition to the agreed

length of the shift and will be paid at the normal rate of pay, including any applicable shift allowances. For example, where a shiftworker works a 12 hour shift, the roster will reflect 12 hours and 15 minutes time elapsed where the handover period is 15 minutes.

4.3(f) Where a shiftworker does not wish to continue with a 12 hour shift pattern

and wishes to change to another shift pattern, they can propose this to St.George and the steps in clause 36.7, Change Procedure will be followed.

5. WITHDRAWAL FROM SHIFTWORK 5.1 Employee transferring to another role 5.1(a) A shiftworker may initiate a transfer or accept a position in another area of

St.George where a fundamental requirement of the position is the need to work shiftwork - in particular, the current shift arrangement operating within the work unit. Such a shiftworker must complete six months in the position before giving notice of their wish to withdraw from these hours and St.George will not unreasonably withhold its agreement to such change in hours. In exceptional circumstances, St.George will give consideration to a lesser notice period.

5.1(b) Where a shiftworker initiates a change to their roster that does not include

shiftwork, they will automatically cease to receive shift allowances and any other benefits specifically associated with such shiftwork.

5.2 Employee wishing to withdraw from shiftwork 5.2(a) Where an employee has been employed to work shiftwork, they are expected

to continue working shiftwork except where a change in their personal circumstances prevents them from fulfilling their contract of employment.

5.2(b) Where a shiftworker’s personal circumstances change, they should approach

their manager, who will give consideration to any request to allow the shiftworker to cease work on a particular shift roster.


5.2(c) Where such request to change existing rosters affects other employees,

clause 36.7(c), Change Procedure of the Agreement will be used. 5.2(d) It may be necessary to consider options that involve a transfer to a position

with a different shift roster or in work not involving shift work. However, it is recognised that a transfer may not be available given the nature of the work being performed and such a request may result in St.George being unable to accommodate a request to withdraw from shiftwork.

5.3 St.George initiates a withdrawal from shiftwork 5.3(a) Where St.George seeks to change a shiftworker’s hours resulting in them no

longer performing shiftwork, St.George will follow clause 36.7, Change Procedure except that the notice period will be four weeks in lieu of the notice set out in Step 5 of clause 36.7(c), Change Procedure.

5.3(b) Where a shiftworker’s position is made redundant, the provisions of clause

50, Redundancy, Retrenchment and Redeployment of the Agreement will apply including the income maintenance provisions where the shiftworker is redeployed to a position not involving shiftwork.

5.3(c) The salary used for income maintenance purposes will be averaged over the

ordinary hours worked in the roster cycle and will include the relevant shift and weekend loadings but will exclude overtime, standby/call back, return to duty, higher duties and other non-shift allowances and payments and calculation of such period will exclude any periods of unpaid leave. Provided that a shiftworker must have worked shift arrangements for a period of 12 months with St.George to be eligible for income maintenance.

5.4 Shift Allowances while not working shift 5.4(a) A shiftworker who is temporarily taken off their normal shift will continue to

receive their shift allowance for a period of two weeks. This may occur for reasons such as training, special projects or relief in a similar grade. Each occasion will be treated separately.

5.4(b) For periods exceeding two weeks, the shiftworker will not receive any shift

allowances. 6. SHIFT ALLOWANCES 6.1. Shift allowances are calculated according to the particular hours worked and

applying a shift allowance to each individual hour worked by a shiftworker as follows:

Hourly Shift Allowance

Mon Tue Wed Thu Fri Sat Sun 0 25% 25% 25% 25% 25% 100% 100% 1 25% 25% 25% 25% 25% 100% 100%


2 25% 25% 25% 25% 25% 100% 100% 3 25% 25% 25% 25% 25% 100% 100% 4 25% 25% 25% 25% 25% 100% 100% 5 25% 25% 25% 25% 25% 100% 100% 6 25% 25% 25% 25% 25% 100% 100% 7 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 8 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 9 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 10 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 11 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 12 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 13 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 14 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 15 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 16 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 17 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 18 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 19 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 20 12 ½% 12 ½% 12 ½% 12 ½% 12 ½% 100% 100% 21 25% 25% 25% 25% 100% 100% 25% 22 25% 25% 25% 25% 100% 100% 25% 23 25% 25% 25% 25% 100% 100% 25%

6.2 Shift allowances are to be calculated on ordinary time earnings. 6.3 The shift allowances for a shiftworker will be averaged into a flat rate percentage

based on the proposed roster cycle. For continuous shiftworkers, a pro-rata additional payment to compensate for public holidays will be added to this flat rate percentage.

6.4 The flat rate percentage will be used for: 6.4(a) All normal rostered shifts worked by a shiftworker; and 6.4(b) Public holidays (excluding Christmas Day, Good Friday and Easter Sunday):

(i) worked by for continuous shiftworkers; and

(ii) not worked by non-continuous shiftworkers. 7. HIGHER DUTIES 7.1 Higher duties performed by shiftworker within a shift arrangement 7.1(a) A shiftworker performing a higher duties role within a shift arrangement will

be paid the applicable higher duties amount as set out in clause 29, Higher Duties of the Agreement.


7.1(b) A shiftworker will be not be financially disadvantaged as a result of

performing in a higher duties role. 7.1(c) The period during which an employee is being relieved in handing over to the

relief or vice versa, will be not be counted as part of the qualifying or relieving period.

7.1(d) A shiftworker relieving in a lower grade will not have their salary reduced

whilst relieving in the lower grade. 7.1(e) Higher Duties and applicable shift allowances will be claimed and paid

fortnightly. 7.2 Higher duties performed by shiftworker outside a shift arrangement 7.2(a) For the first two weeks that a shiftworker relieves in a higher nonpackaged

position, they will be paid the greater of either:

(i) the shiftworker’s shift allowance; or

(ii) the applicable higher duties allowance. 7.2(b) Where the period exceed two weeks, the shiftworker will be paid the same

salary as the employee would receive in the circumstances but without payment of shift allowances. Provided that a shiftworker will only perform a higher duties role for more than weeks where there is mutual agreement.

8. TRAVEL ASSISTANCE 8.1 Shiftworkers employed in BankSA locations and receiving kilometer reimbursement

immediately prior to 29 November 1999 will continue to receive the travel arrangement benefits under the previous arrangements, provided that they would have been so entitled at that time.

8.2 All Other Shiftworkers 8.2(a) (i) Where work commences or ceases at a time when:

• the usual means of transport is unavailable; or • the usual means of transport is not reasonable in the • circumstances; and • there are no reasonable alternatives available to the usual means of

transport

St.George will, at its expense, transport the shiftworker to or from their usual place of residence or to a location where the usual or reasonable means of transport are available.

(ii) (1) Provided that St.George will provide for shiftworkers in Adelaide

with taxis to and from work when they are required to:


• commence a 7.00am or a 7.00pm shift; • finish a shift at 7.00pm or later; or • finish a shift 7.30am or earlier. Where practicable and at St.George’s discretion, pool taxis will be utilised provided that a shiftworker’s usual travel time is not extended by more than 30 minutes. St.George is willing to look at individual circumstances in relation to the 30 minutes extra travelling time if this will negatively impact upon the shiftworker’s personal circumstances.

(2) St.George is willing to provide a taxi from a centralised location.

At the shiftworker’s discretion, a central location close to the city (Adelaide) may be selected and St.George will provide transport to/from that location on a shared basis provided that there are two or more shiftworkers involved.

(3) St.George will continue to pay mileage to travel to/from work for

those shiftworkers who transferred from the site to the site in Adelaide in January 2001, but will not provide parking.

8.2(b) Where a shiftworker and their immediate manager cannot reach agreement

on any matter covered by this clause, then the Manager will automatically make arrangements to transport the shiftworker either to or from work by taxi, at St.George’s expense.

8.2(c) Where either party wishes to pursue another option, the following steps must

occur:

(i) As soon as is practicable, the party wishing to pursue another option will send by facsimile to the Human Resources Manager responsible for the area, a letter which sets out their concerns;

(ii) The Human Resources Manager will then attempt to mediate the issue;

(iii) If those discussions fail to resolve the dispute, the matter will be

handled in accordance with clause 15, Dispute Settlement Procedure of the Agreement.

(iv) An FSU member may contact the FSU for guidance and assistance at

any stage of this procedure; and (v) Without prejudice to St.George or a shiftworker, should the situation

continue where shiftworker’s usual or reasonable means of transport is unavailable, then travel arrangements at St.George’s expense will continue to be made for the shiftworker while matters are being dealt with in accordance with this clause.

8.2(d) When exploring reasonable alternatives for transport to and from work, such

alternatives will aim to achieve safe, reasonable and cost effective solutions for a shiftworker and St.George. Options may include but not be limited to:


• Car Pooling; • Access to secure parking at St.George’s expense; • Public transport; • Escort at St.George’s expense; • Buddy system; • Taxi (including reasonable group hire) at St.George’s expense; • Combination of the above for the entire journey.

8.2(e) Factors which should be considered when exploring options to achieve safe and reasonable methods of transport will include:

• Lighting (e.g. car parks, surrounding streets, effects of seasons and

daylight saving); • Number of people travelling together; • Dangerous crime areas; • Special factors likely to influence the possibility of danger; • Availability, safety and convenience of public transport (remembering

interchanges); For example, it would generally not be reasonable to expect an employee:

- to catch public transport home from a shift finishing at 11.00pm; or - when travelling home to wait longer than 30 minutes from the time of

arrival at station, tram or bus stop for transport; or - when travelling to work, to arrive at work more than thirty minutes

before the scheduled shift commencing time as a consequence of public transport timetables.

• Personal health considerations (temporary or permanent); For example, it

may be reasonable to: - provide a taxi where a shiftworker, having driven their own car to

work, feels unable to drive home safely after completing a shift. 9. OCCUPATIONAL HEALTH AND SAFETY 9.1 There will be a minimum break of 10 hours between rostered shifts. 9.2 The length of a rostered shift must not exceed a maximum of 12.5 hours elapsed.

This will include all hours worked plus any meal breaks and a hand over period if required.

9.3 The parties recognise that shiftworkers should not work alone where power driven

machinery, corrosive acids or other poisonous substances are used. 9.4 St.George will make every effort to alleviate the difficulties associated with

shiftworkers working alone and will consider the following measures in such circumstances:

• answering machine for breaks; • sitting solo shiftworkers from different areas within line of sight of each other; • rostering someone on standby.


9.5 When developing rosters, the following guidelines will be observed:

• No more than 2 x 12 hour consecutive rostered night shifts; • No more than 3 x 12 hour consecutive rostered day shifts; • No more than 7 consecutive shifts of any length; and • All continuous rosters should be of a consecutive shift rotation pattern (e.g. day-

evening-night).

9.6 Where a proposed roster does not meet the guidelines set out above then approval for the roster must be received from the majority of employees directly affected by the roster in consultation with the Human Resources Manager and any nominated employee representative (which may include the FSU).

9.7 At the time of 29 November 1999, any existing roster which is meeting both the

personal and business needs is accepted. 10. HOURS OF WORK 10.1 Shiftworker employed to work an average of 37.5 hours per week 10.1(a) A full-time shiftworker will be rostered to work 1950 ordinary hours

per year which is the equivalent of 260 days x 7.5 hours. 10.1(b) The ordinary hours of an agreed roster cycle will be the pro-rata equivalent of

37.5 hours per week. A roster cycle will not exceed 450 hours over a period of twelve weeks except by agreement between St.George and any nominated employee representative (which may include the FSU).

10.2 BankSA shiftworkers

A full-time shiftworker who was an employee of BankSA immediately before 23 August 1996 will be rostered to work either:

10.2(a) Where part of the URD system - 1976 ordinary hours per year, being the equivalent of 260 days x 7.6 hours and the ordinary hours of an agreed roster cycle will be the pro-rata equivalent of 38 hours per week; or

10.2(b) Where employees have taken the RDO buyout - 2080 ordinary hours per year

which is the equivalent of 260 days x 8 hours and the ordinary hours of an agreed roster cycle will be the pro-rata equivalent of 40 hours per week.

10.3 Flexible part-time employees

The hours of work for flexible part-time employees will be in accordance with Clause 23.3, Flexible part-time employees of the Agreement provided that the restriction of eight hours per shift will not apply.

10.4 General 10.4(a) Shift rosters will include:


• at least 6 x 2 consecutive days off per 12 weekly cycle (where possible, these two days will be Saturday and Sunday); and

• at least one day off after seven consecutive days of work; and • 24 days off or more per 12 weekly cycle.

10.4(b) A shiftworker may freely and clearly agree to work a roster which varies from

the parameters outlined in 10.4(a), provided that no roster will have less than 12 days off in a 12 week cycle.

10.4(c) Where such agreement to work a varied roster is reached, a shiftworker may,

at any time, revert to a standard roster (in 10.4(a) above) with the provision of four weeks notice and such a change will be processed in accordance with clause 36.7, Change Procedure of the Agreement.

10.4(d) Where a particular workplace is contemplating the introduction of a discrete

workgroup with a roster requiring employees to work ordinary hours between 10.00pm and midnight, St.George will notify affected employees and the FSU. Where the parties cannot agree to the introduction of the new roster arrangements, the matter will be dealt with in accordance with clause 19, Dispute Settlement Procedure of the Agreement.

11. OVERTIME 11.1 All overtime should be approved by St.George. 11.2 Work in excess of a full-time shiftworker’s ordinary rostered hours will be overtime. 11.3 Part-time employees 11.3(a) Where a part-time employee has been directed to work beyond rostered

hours other than with the appropriate notice as required by Clause 36.7, Change Procedure of the Agreement, such work will be regarded as overtime.

11.3(b) A part-time employee may, by mutual agreement, perform work beyond

rostered hours on a temporary basis without the notice required in Clause 36.7, Change Procedure of the Agreement to meet pressing business needs without incurring overtime provided that such additional ordinary hours do not exceed full time ordinary hours.

11.4 Overtime will be calculated on a daily basis using the shiftworker’s actual base rate

(i.e. excluding shift allowances) and shall be either: 11.4(a) paid as overtime at the rate of time and one half for the first two hours and

double time thereafter where such hours are worked Monday to Friday; or 11.4(b) paid as overtime at the rate of double time where such hours are worked on

a Saturday, Sunday or Public Holiday; or 11.4(c) at the employee’s election, taken as time off in lieu in accordance with clause

12, Time off in Lieu of Overtime.


11.5 In calculating the payment of overtime, time will be calculated in fifteen minute blocks as follows:

11.5(a) Any portion of an hour:

(i) less than fifteen minutes will be calculated as fifteen minutes; (ii) between sixteen and thirty minutes will be calculated as thirty

minutes; (iii) between thirty-one and forty-five minutes will be calculated as forty-

five minutes; and (iv) in excess of forty-five minutes will be calculated as one hour.

11.6 Employees will work all reasonable overtime as requested. 11.7 Work on a day not rostered to work 11.7(a) A shiftworker who is required by St.George to work on a day on which they

are rostered off duty, will be paid for all time worked on such a day at the rate of double time and a minimum payment of four hours will be paid.

11.7(b) However, a shiftworker will not be paid for work on a rostered day off as a

result of voluntary arrangements made by a shiftworker such as the swapping of a shift. The swapping of a shift must be made with the agreement of St.George.

11.8 Break between shifts 11.8(a) St.George will, where reasonably practicable, arrange at least ten

consecutive hours away from the work place between work on successive days.

11.8(b) A shiftworker, other than a casual shiftworker, who works overtime between

the termination of their ordinary rostered hours on one work day and the commencement of their ordinary rostered hours on the next day, where they have not had at least ten consecutive hours off duty, shall be released after the completion of overtime until they have had ten consecutive hours off. Ordinary working time occurring during such absence will be paid as time worked.

11.8(c) If at the direction of St.George, the shiftworker resumes or continues to work

without having had ten consecutive hours away from the work place, they will be paid overtime at the rate of double time until they are released from duty. The shiftworker will then be entitled to ten consecutive hours away from the work place without loss of pay for any ordinary rostered hours occurring during such absence.

11.9 A shiftworker will be entitled to a meal allowance in accordance with clause 43,

Overtime of the Agreement. 11.10 A shiftworker working a 12 hour shift must not be required to work more than 2

hours in addition to such shift, other than in exceptional circumstances such as a relieving operator being unavailable or a major system breakdown occurring.


12. TIME OFF IN LIEU OF OVERTIME 12.1 A shiftworker may take time off in lieu of overtime instead of being made a

payment for working overtime. 12.2 Overtime may be banked in two separate periods; November to May 31 and June to

October 31. Where the banked time is not taken by the end of each separate period, it will automatically be paid out to the shiftworker in July (for the period November to May 31) and in January (for the period June to October 31) at the rate at which it was accrued.

12.3 A shiftworker may make a written application to take time off in lieu of overtime

during the six month period in which the overtime is worked. Subject to the operational requirements of the business unit, time off in lieu of overtime will be taken at a time that is mutually agreed between the shiftworker and their manager and is paid at the rate the shiftworker would normally have received for the day.

12.4 St.George must not coerce a shiftworker into applying for such leave or agreeing to

accumulate leave in lieu of overtime. 13. PUBLIC HOLIDAYS 13.1 The nature of shiftwork requires a 7 day per week, 24 hour per day operation and it

is therefore necessary to cover all public holidays as set out in clause 51, Public Holidays which can result in shiftworkers working more public holidays than other employees in this Agreement.

13.2 To compensate for the above situation, the following will apply: 13.2(a) Packaged Shiftworkers

A packaged shiftworker required to work on a public holiday will be paid for all time worked on that day plus an extra day’s pay where a day is defined as one tenth of an ordinary fortnight’s pay.

13.2(b) Continuous Shiftworkers

(i) A continuous shiftworker will be entitled to:

(1) thirty-seven and a half hours (or the relevant weekly hours as set out in clause 10.2) time off in lieu per year with payment calculated at the normal rate of pay including shift allowances. This time will accrue on a fortnightly basis and should be taken at a time agreed between the shiftworker and their manager; plus

(2) thirty-seven and a half hours (or the relevant weekly hours as

per clause 10.2) additional salary calculated and paid on the basis of ordinary time earnings as per Attachment A.

(ii) In addition to the above, a continuous shiftworker will also be entitled

to the additional holiday in accordance with clause 48.1(a)(ii), Public Holidays of the Agreement.


(iii) Where the additional holiday is a fixed day such as the Adelaide Cup Day, such entitlement will be in accordance with clause 13.2(c) below, whichever is appropriate.

13.2(c) Other shiftworkers

(i) Rostered to work and required to work

(1) Where a shiftworker is normally rostered to work on a day which is a public holiday and is required to work on that day, they will: • be paid time and three quarters for all time worked based on

ordinary time earnings; and • receive an additional day off with payment calculated at the

normal rate of pay including shift allowances. • All other hours worked on that shift that do not fall on the

public holiday will attract the normal shift allowance rates.

(2) Where the additional day off has not been taken, then the banking provisions specified in clause 12.2 of this Appendix will apply, except that payment for the day will be not less than one fifth of the ordinary weekly hours of work.

(ii) Rostered to work but not required to work

Where a shiftworker is rostered to work on a day which is a public holiday, but is not required to work on that day, they will be paid for all time rostered on that day and payment will be at the normal rate of pay including shift allowances.

(iii) Not Rostered to work

Where a public holiday falls on a day which a shiftworker is not rostered to work, the shiftworker may choose to take either:

• an alternative day off; or • one extra day’s pay where a day is defined as one fifth of ordinary

hours of work. 13.3 A shiftworker required to work on Good Friday, Easter Sunday or Christmas Day

(regardless of which weekday it may fall) will receive a loading of 150% for all such time worked. This allowance will be calculated on ordinary time earnings.

13.4 Other than stated in this clause, no other penalty payments will be payable to a

shiftworker who is rostered to work on a gazetted public holiday. 13.5 Process for rostering shiftworkers on public holidays 13.5(a) As part of the normal rostering process or at least 8 weeks before the public

holiday, St.George will assess its staffing requirements for the public holiday and call for volunteers.


13.5(b) If the roster is not filled with suitably qualified shiftworkers 6 weeks prior to the public holiday, a particular shiftworker may be required to work on a public holiday provided that individual shiftworker needs, circumstances and preferences will be taken into consideration.

14. MEAL BREAKS 14.1 A shiftworker is entitled to a meal break of thirty minutes after five hours of

continuous work, unless that employee would normally finish duty during the break; and

14.2 Meal breaks are unpaid except for employees working a 12 hour shift where one

meal break will be paid and one will be unpaid. Where employees work a 12 hour shift on their own, both meal breaks will be paid and treated as time worked.

15. LEAVE 15.1 Annual Leave 15.1(a) A full-time shiftworker will be entitled to twenty days annual leave per year

based on seven and one half hours (or the relevant hours as per clause 10.2) multiplied by twenty days.

15.1(b) In recognition of the disruption to lifestyle caused by 7-day continuous

shiftwork, in addition to clause 15.1(a), a 7-day continuous shiftworker is entitled to thirty-seven and one half hours leave based on seven and one half hours x five days (or the relevant hours as per clause 10.2).

15.1(c) The provisions of 15.1(a) & (b) will be calculated on a pro-rata basis for part-

time employees. 15.1(d) For the period of annual leave, a shiftworker will receive the greater of

either:

(i) the pay they would normally have received had they worked, including shift and other allowances; or

(ii) their ordinary time earnings plus 17.5% leave loading.

15.1(e) When an employee accesses annual leave, the period of leave will be deducted from the entitlement under 13.2(b)(i)(1) prior to using the entitlement under 15.1.

15.1(f) On the day prior to the commencement of annual leave, a shiftworker will not

be rostered on the beginning of a nightshift or on an afternoon shift that finishes at midnight.

15.1(g) All other annual leave provisions apply in accordance with clause 46, Annual

Leave of the Agreement. 15.2 Personal/Carers’ Leave


15.2(a) Personal/Carers’ leave will be in accordance with clause 46, Personal/Carers Leave of the Agreement, except that:

(i) such leave will be expressed in hours;

(ii) a day will be defined by the relevant hours worked by the shiftworker

on the day they would have otherwise been rostered to work (e.g. for a 12 hour shiftworker, the entitlement will be 12 x 12 hours = 144 hours leave each year with up to 144 hours leave accumulating each year) as per clause 45.3 of the Agreement; and

(iii) personal/carers’ leave will be deducted and paid according to the

number of hours leave taken. (e.g. a shiftworker who is absent from work due to illness on a day they would normally work a shift of twelve hours, will receive twelve hours pay and have twelve hours deducted from their personal/carers’ leave entitlement).

16. DAYLIGHT SAVING

Where at any time clocks are required to be adjusted due to daylight saving, payment will be calculated based on hours actually worked and not in accordance with a shiftworker’s recorded start and finish time.

17. STANDBY/CALLBACK ALLOWANCE 17.1 Standby and callback will be paid in accordance with the provisions of clause 44,

Recall to Duty and Stand-by of the Agreement. 17.2 In addition to the provisions set out in clause 39.8 of the Agreement, where a

shiftworker receives telephone calls at home or is required to access St.George’s computer system by modem from home, they will be paid for the time spent performing this task in accordance with the overtime provisions of clause 11 of this Appendix.

17.3 In the event of multiple calls/modem connections from home, the number of hours

worked is totalled at the end of each day and paid in accordance with the formula outlined in clause 11.4 and 11.5 of this Appendix.

18. SUPPORT SYSTEMS

St.George will establish and maintain records to assist in the education of employees and management on matters affecting shiftwork. These should include:

• roster design tools and samples; • explanation of clauses regarding the setting of shift rosters, mutuality in roster

design and occupational health and safety guidelines; • general literature on shiftwork practices; • message bank to record issues for shiftworkers rostered outside


ATTACHMENT A EXAMPLE 1: Jenny is a 7-day continuous shiftworker and has a base salary of $30,000 per year. She is contracted to work an average of 37.5 hours per week and her roster is as follows: Week 1

Mon Off Week 2 Mon Off

Tue Off Tue 13:00 – 18:00 18:00 – 18:30 meal 18:30 – 21:30

Wed 04:00 – 09:00 09:00 – 09:30 meal 09:30 – 13:00

Wed 13:00 – 18:00 18:00 – 18:30 meal 18:30 – 23:30

Thur 04:00 – 09:00 09:00 – 09:30 meal 09:30 – 14:30

Thur 13:00 – 18:00 18:00 – 18:30 meal 18:30 – 23:00

Fri 04:00 – 09:00 09:00 – 09:30 meal 09:30 – 14:30

Fri 13:00 – 18:00 18:00 – 18:30 meal 18:30 – 23:30

Sat 06:00 – 10:00 10:00 – 10:30 meal 10:30 – 14:30

Sat Off

Sun Off Sun Off Jenny’s roster results in the following hours worked over the 2 week roster:

Hours in the Roster – Week 1

Mon Tues Wed Thurs Fri Sat Sun 0 1 2 3 4 1 1 1 5 1 1 1 6 1 1 1 1 7 1 1 1 1 8 1 1 1 1 9 0.5 0.5 0.5 1 10 1 1 1 0.5 11 1 1 1 1 12 1 1 1 1 13 1 1 1 1 14 0.5 0.5 0.5


15 16 17 18 19 20 21 22 23


Mon Tues Wed Thurs Fri Sat Sun 0 1 2 3 4 5 6 7 8 9 10 11 12 13 1 1 1 1 14 1 1 1 1 15 1 1 1 1 16 1 1 1 1 17 1 1 1 1 18 0.5 0.5 0.5 0.5 19 1 1 1 1 20 1 1 1 1 21 0.5 1 1 1 22 1 1 1 23 0.5 0.5 Step 1.

For each hour worked in the roster, determine the hourly allowance rate by referring to the table in Clause 6. Example: Work between 04:00 and 04:59 Wednesday will attract a 25% hourly allowance rate

Step 2.

The model will convert the hourly shift allowance into a ‘shift adjusted hour’. For example, a 25% shift allowance will be reflected as 0.25 of a shift adjusted hour. Example: Wednesday 04:00 1 hour worked x 25% = 0.25 shift adjusted hour


Step 3.

The model will add the shift adjusted hours from each week to provide the total shift adjusted hours for the roster. Example: Jenny’s roster has a total of 20.3125 shift adjusted hours

Step 4.

The model will convert the total shift adjusted hours into a dollar amount. This dollar amount is the value of your shift allowances over the period of the roster. The model does this by multiplying the total shift adjusted hours by your base hourly rate. Example: Shift allowance for Jenny’s roster = 20.3125 x $15.3846 = $312.4997

Step 5.

The Appendix provides a week’s payment of salary for continuous shiftworkers in part compensation for working public holidays (see clause 13.2). This payment is averaged out over the year. The model will calculate the pro rata hours you will be paid for this roster cycle in part compensation of working public holidays. To do this your weekly contracted hours will be multiplied by the number of the weeks in your roster cycle, then dividing this by 52. Public Holiday pro rata hours = 37.5 (relevant average weekly hours) x 2 (weeks in the roster) / 52 = 1.4423 hours This pro-rata hourly figure is then multiplied by your hourly rate to provide the dollar amount you will receive for your public holiday allowance. Example: Value of Public Holiday pro rata hours = 1.4423 x $15.3846 = $22.1892

Step 6.

The model combines the amount for shift allowances (from Step 4) with the pro rata amount for public holidays (from Step 5) to provide the total dollar allowance for the period of the roster. Example: $312.4997 (shift allowance) + $22.1892 (public holiday allowance) = $334.6889 (total allowance).

Step 7.

The model needs to reflect the above payment as a fortnightly figure as you are paid fortnightly. It provides the fortnightly figure by: Converting the total dollar allowance to an annual figure. Example: 334.6889 (Total Allowance for roster) x 52 / number of weeks in the roster = $8,701.9114 Dividing this annual figure by 26 to provide the fortnightly figure. Example: $8,701.9114 (Annual allowance) / 26 = $334.6889


Step 8.

Finally the model combines your fortnightly total allowance with your base fortnightly salary to provide you with your fortnightly pay. Example: $15.3846 (hrly rate) x 75 (fortnightly rostered hours) = $334.6889 = $1,488.53

IN SUMMARY … the bottom line for Jenny

Annual salary = Fortnightly salary x 26

Example: Jenny’s annual salary = $1,488.53 x 26 = $38,701.78

As a continuous shiftworker, Jenny is entitled to an extra 37.5 hours time in lieu as per clause 13.2(b) for public holidays. This is an addition to any entitlement she may have to an extra week’s annual leave 9refer to clause 15.1(b)).

EXAMPLE 2: Paul is a non-continuous shiftworker and has a base salary of $32,000 per year. He is contracted to work an average of 38 hours per week and his roster is as follows: Week 1


Tue Off Tue Off Wed 08:00 – 12:00

12:00 – 13:00 meal 13:00 – 17:00

Wed 15:00 – 19:00 19:00 – 19:30 meal 19:30 – 23:30

Thur 08:00 – 12:00 12:00 – 13:00 meal 13:00 – 17:00

Thur 15:00 – 19:00 19:00 – 19:30 meal 19:30 – 23:30

Fri 08:00 – 12:00 12:00 – 13:00 meal 13:00 – 17:00

Fri 15:00 – 19:00 19:00 – 19:30 meal 19:30 – 23:30

Sat 08:00 – 12:00 12:00 – 13:00 meal 13:00 – 17:00

Sat 15:00 – 19:00 19:00 – 19:30 meal 19:30 – 23:30

Sun 08:00 – 11:00 11:00 – 11:30 meal 11:30 – 14:30

Sun 16:00 – 19:00 19:00 – 19:30 meal 19:30 – 22:30

Paul’s roster results in the following hours worked over the 2 week roster:



Mon Tues Wed Thurs Fri Sat Sun 0 1 2 3 4 5 6 7 8 1 1 1 1 1 9 1 1 1 1 1 10 1 1 1 1 1 11 1 1 1 1 0.5 12 0 0 0 0 1 13 1 1 1 1 1 14 1 1 1 1 0.5 15 1 1 1 1 16 1 1 1 1 17 18 19 20 21 22 23


Mon Tues Wed Thurs Fri Sat Sun 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 1 1 1 16 1 1 1 1 1 17 1 1 1 1 1 18 1 1 1 1 1


19 0.5 0.5 0.5 0.5 0.5 20 1 1 1 1 1 21 1 1 1 1 1 22 1 1 1 1 0.5 23 0.5 0.5 0.5 0.5 Step 1.

For each hour worked in the roster, determine the hourly allowance rate by referring to the table in Clause 6. Example: Work between 08:00 and 08:59 Wednesday will attract a 12.5% hourly allowance rate

Step 2.

The model will convert the hourly shift allowance into a ‘shift adjusted hour’. For example, a 25% shift allowance will be reflected as 0.25 of a shift adjusted hour. Example: Wednesday 08:00 1 hour worked x 12.5% = 0.125 shift adjusted hour.

Step 3.

The model will add the shift adjusted hours from each week to provide the total shift adjusted hours for the roster. Example: Paul’s roster has a total of 35.6875 shift adjusted hours

Step 4.

The model will convert the total shift adjusted hours into a dollar amount. This dollar amount is the value of your shift allowances over the period of the roster. The model does this by multiplying the total shift adjusted hours by your base hourly rate. Example: Shift allowance for Paul’s roster = 35.6875 x $16.1943 = $577.9341

Step 5.

The model provides for a pro-rata public holiday payment (see clause 13). Paul will not receive this payment as he is not a continuous shiftworker (instead, Paul will be paid for public holidays he works – see clause 13). Therefore, the model will reflect no payment for this step

Step 6.

This step combines the shift allowance from Step 4 with the public holiday payment in Step 5. As no public holiday payment is made, the figure provided at this step by the model will not vary from the figure in Step 4.

Step 7.

The model needs to reflect the above payment as a fortnightly figure as you are paid fortnightly. It provides the fortnightly figure by: Converting the total dollar allowance to an annual figure Example: $577.9341 (Total Allowance for roster) x 52 / number of weeks in the roster = $15,026.2866


Dividing this annual figure by 26 to provide the fortnightly figure. Example: $15,026.2866 (Annual allowance) / 26 = $577.9341

Step 8.

Finally the model combines your fortnightly allowance with your base fortnightly salary to provide you with your fortnightly pay. Example: $16.1943 (hrly rate) x 78 (fortnightly rostered hours) + $577.9341 = $1,808.70

IN SUMMARY … the bottom line for Paul


Example: Paul’s annual salary = $1,808.70 x 26 = $47,026.22

EXAMPLE 3: John is a 7-day continuous shiftworker and has a base salary of $35,000 per year. He is contracted to work an average of 40 hours per week and his roster is as follows: Week 1


Tue Off Tue Off Wed 13:00 – 18:00

18:00 – 18:30 meal 18:30 – 23:00

Wed 07:00 – 12:00 12:00 – 12:30 meal 12:30 – 19:00

Thur 13:00 – 17:30 17:30 – 18:00 meal 18:00 – 22:30

Thur 07:00 – 12:00 12:00 – 12:30 meal 12:30 – 19:00

Fri 13:00 – 17:30 17:30 – 18:00 meal 18:00 – 22:30

Fri 07:00 – 12:00 12:00 – 12:30 meal 12:30 – 19:00

Sat 18:00 – 23:00 23:00 – 23:30 meal 23:30 – 03:30

Sat Off

Sun 18:00 – 23:00 23:00 – 23:30 meal 23:30 – 03:30

Sun Off

John’s roster results in the following hours worked over the 2 week roster:


Mon Tues Wed Thurs Fri Sat Sun 0 1 1 1 1 1 2 1 1 3 0.5 0.5


4 5 6 7 8 9 10 11 12 13 1 1 1 14 1 1 1 15 1 1 1 16 1 1 1 17 1 0.5 0.5 18 0.5 1 1 1 1 19 1 1 1 1 1 20 1 1 1 1 1 21 1 1 1 1 1 22 1 0.5 0.5 1 1 23 0.5 0.5


Mon Tues Wed Thurs Fri Sat Sun 0 1 2 3 4 5 6 7 1 1 1 8 1 1 1 9 1 1 1 10 1 1 1 11 1 1 1 12 0.5 0.5 0.5 13 1 1 1 14 1 1 1 15 1 1 1 16 1 1 1 17 1 1 1 18 1 1 1 19 20 21 22 23


Step 1.

For each hour worked in the roster, determine the hourly allowance rate by referring to the table in Clause 6. Example: Work between 07:00 and 07:59 Wednesday will attract a 12.5% hourly allowance rate.

Step 2.

The model will convert the hourly shift allowance into a ‘shift adjusted hour’. For example, a 12.5% shift allowance will be reflected as 0.125 of a shift adjusted hour. Example: Wednesday 04:00 1 hour worked x 12.5% = 0.125 shift adjusted hour

Step 3.

The model will add the shift adjusted hours from each week to provide the total shift adjusted hours for the roster.

Step 4.

The model will convert the total shift adjusted hours into a dollar amount. This dollar amount is the value of your shift allowances over the period of the roster. The model does this by multiplying the total shift adjusted hours by your base hourly rate. Example: Shift allowance for John’s roster = 23 x $16.8269 = $387.0187

Step 5.

The Agreement provides a week’s payment of salary for continuous shiftworkers in part compensation for working public holidays (see Clause 13). This payment is averaged out over the year. The model will calculate the pro rata hours you will be paid for this roster cycle in part compensation of working public holidays. To do this your weekly contracted hours will; be multiplied by the number of the weeks in your roster cycle, then dividing this by 52. Public Holiday pro rata hours – 40 (relevant average weekly hours) x 2 (weeks in the roster) / 52 = 1.5385 hours This pro rata hourly figure is then multiplied by your hourly rate to provide the dollar amount you will receive for your public holiday allowance. Example: Value of Public Holiday pro rata hours = 1.5385 x $16.8269 = $25.8882

Step 6.

The model combines the amount for shift allowances (from Step 4) with the pro rata amount for public holidays (from Step 5) to provide the total dollar allowance for the period of the roster. Example: $387.0187 (shift allowance) + $25.8882 (public holiday allowance) = $412.9069 (total allowance)


Step 7.

The model needs to reflect the above payment as a fortnightly figure as you are paid fortnightly. It provides the fortnightly figure by: Converting the total dollar allowance to an annual figure Example: 412.9069 (Total Allowance for roster) x 52 / number of weeks in the roster = $10,735.5794 Dividing this annual figure by 26 to provide the fortnightly figure. Example: $10,735.5794 (Annual allowance) / 26 = $412.9069

Step 8.

Finally the model combines your fortnightly total allowance with your base fortnightly salary to provide you with your fortnightly pay. Example: $16.8269 (hrly rate) x 80 (fortnightly rostered hours) + $412.9069 = $1,759.06

IN SUMMARY … the bottom line for John


Example: John’s annual salary = $1,759.06 x 26 = $45,735.56

As a continuous shiftworker, John is entitled to an extra 37.5 hours time in lieu as per clause 13.2(b) for public holidays. This is in addition to any entitlement he may have to an extra week’s annual leave (refer to subclause 15.1(b)).

Documents

ST.GEORGE BANK ENTERPRISE AGREEMENT 2007€¦ · St.George Bank Enterprise Agreement 2007 4 TR means Total Remuneration which is an amount of salary which excludes compulsory employer